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DLM392284 | 1996 | Inspector-General of Intelligence and Security Act 1996 | 1: Short Title and commencement
1: This Act may be cited as the Inspector-General of Intelligence and Security Act 1996.
2: This Act shall come into force on the day after the date on which this Act receives the Royal assent.
2: Interpretation
1: In this Act, unless the context otherwise requires,— advisory panel section 15A chief executive
a: in relation to the New Zealand Security Intelligence Service, means the Director of Security holding office under the New Zealand Security Intelligence Service Act 1969
b: in relation to the Government Communications Security Bureau, means the Director of that Bureau:
c: in relation to an agency that, by virtue of an Order in Council made under subsection (2), is an intelligence and security agency for the purposes of this Act, means the chief executive of that agency Deputy Inspector-General section 5 employee Inspector-General section 5 intelligence and security agency
a: the New Zealand Security Intelligence Service:
b: the Government Communications Security Bureau:
c: any other agency declared by the Governor-General from time to time by Order in Council as an intelligence and security agency for the purposes of this Act Intelligence and Security Committee section 5 Minister New Zealand person
a: means any person, being—
i: a New Zealand citizen; or
ii: a person ordinarily resident in New Zealand; or
iii: an unincorporated body of persons, being a body of which more than 50% of the members are New Zealand persons under subparagraph (i) or subparagraph (ii); or
iv: a body corporate which is incorporated in New Zealand; but
b: does not include—
i: any company within the meaning of the Companies Act 1993
ii: any company within the meaning of the Companies Act 1993
A: 25% or more of any class of shares is held by any overseas person or overseas persons; or
B: the right to exercise or control the exercise of 25% or more of the voting power at any meeting of the company or building society is held by any overseas person or overseas persons; or
iii: any nominee of an overseas person, whether or not the nominee is also an overseas person New Zealand Security Intelligence Service section 3 official information section 2(1) Ombudsman Ombudsmen Act 1975 overseas person section 7 Privacy Commissioner section 12 security records
a: means all papers, documents, or records of any kind whatsoever, whether bearing a security classification or not, officially made or received—
i: by an intelligence and security agency in the conduct of its affairs; or
ii: by any employee of an intelligence and security agency in the course of that employee's official duties; and
b: includes registers, books, maps, plans, drawings, photographs, cinematographic films, sound recordings, and electronic storage media made or received by an agency or employee of the kind described in paragraph (a); and
c: includes copies of papers, documents, records or other things that are security records by virtue of paragraph (a) or paragraph (b).
2: The Governor-General may from time to time by Order in Council declare any agency to be an intelligence and security agency for the purposes of this Act.
3: An Order in Council made under subsection (2) is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 section 41 Section 2(1) advisory panel inserted 26 September 2013 section 4 Inspector-General of Intelligence and Security Amendment Act 2013 Section 2(1) Deputy Inspector-General inserted 26 September 2013 section 4 Inspector-General of Intelligence and Security Amendment Act 2013 Section 2(1) Intelligence and Security Committee inserted 26 September 2013 section 4 Inspector-General of Intelligence and Security Amendment Act 2013 Section 2(1) New Zealand person replaced 5 December 2013 section 14 Companies Amendment Act 2013 Section 2(1) New Zealand person amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 2(1) overseas person amended 25 August 2005 section 75 Overseas Investment Act 2005 Section 2(3) replaced 5 August 2013 section 77(3) Legislation Act 2012
3: Act to bind the Crown
This Act shall bind the Crown.
4: Object
The object of this Act is to provide for the appointment of an Inspector-General who will assist each Minister who is responsible for an intelligence and security agency in the oversight and review of that intelligence and security agency and who will, in particular,—
a: assist the Minister to ensure that the activities of that intelligence and security agency comply with the law; and
b: ensure that complaints relating to that intelligence and security agency are independently investigated. Inspector-General and Deputy Inspector-General of Intelligence and Security Heading replaced 26 September 2013 section 5 Inspector-General of Intelligence and Security Amendment Act 2013
5: Inspector-General and Deputy Inspector-General of Intelligence and Security
1: There must be—
a: an Inspector-General of Intelligence and Security; and
b: a Deputy Inspector-General of Intelligence and Security.
2: The Inspector-General and Deputy Inspector-General must be appointed by the Governor-General on the recommendation of the Prime Minister following consultation with the Intelligence and Security Committee.
3: The Deputy Inspector-General has and may exercise and perform the powers and functions of the Inspector-General (whether under this Act or any other enactment), but subject to—
a: the control and direction of the Inspector-General; and
b: to avoid doubt, the same duties, obligations, restrictions, and terms under which the Inspector-General exercises and performs his or her powers and functions.
4: Sections 7 to 9 18
5: If there is a vacancy in the office of the Inspector-General, or if the Inspector-General is absent from duty for any reason, the Deputy Inspector-General has and may exercise and perform all the powers, functions, and duties of the Inspector-General for as long as the vacancy or absence continues.
6: The fact that the Deputy Inspector-General exercises or performs any power, function, or duty of the Inspector-General is, in the absence of proof to the contrary, conclusive evidence of the Deputy Inspector-General's authority to do so. Section 5 replaced 26 September 2013 section 5 Inspector-General of Intelligence and Security Amendment Act 2013
6: Term of office
1: Every person appointed as the Inspector-General or Deputy Inspector-General—
a: is to be appointed for a term not exceeding 3 years; and
b: may be reappointed, but in the case of the Inspector-General only once.
2: Every person appointed as the Inspector-General or Deputy Inspector-General section 7
a: reappointment as the Inspector-General or Deputy Inspector-General
b: appointment of a successor; or
c: the person is informed in writing by the Prime Minister that the person is not to be reappointed and is not to hold office until a successor is appointed.
3: The person appointed as the Inspector-General or Deputy Inspector-General Section 6(1) replaced 26 September 2013 section 6(1) Inspector-General of Intelligence and Security Amendment Act 2013 Section 6(2) amended 26 September 2013 section 6(2) Inspector-General of Intelligence and Security Amendment Act 2013 Section 6(2)(a) amended 26 September 2013 section 6(2) Inspector-General of Intelligence and Security Amendment Act 2013 Section 6(3) amended 26 September 2013 section 6(2) Inspector-General of Intelligence and Security Amendment Act 2013
7: Removal of Inspector-General
The person appointed as Inspector-General may be removed or suspended from office by the Governor-General, upon an address from the House of Representatives, for disability affecting performance of duty, bankruptcy, neglect of duty, or misconduct.
8: Remuneration and allowances
There shall be paid to the Inspector-General out of public money, without further appropriation than this section, remuneration by way of fees, salary, or allowances and travelling allowances and travelling expenses in accordance with the Fees and Travelling Allowances Act 1951
9: Disclosure of interests
The Inspector-General shall give written notice to the Prime Minister of all interests, pecuniary or otherwise, which the Inspector-General has or acquires and which could conflict with the proper performance by the Inspector-General of his or her functions under this Act.
10: Staff
1: Subject to the provisions of this section, the Inspector-General may appoint such employees, including part-time or temporary employees, as may be necessary for the efficient carrying out of the Inspector-General's functions, powers, and duties under this Act.
2: Employees appointed under subsection (1) shall be employed on such terms and conditions of employment and shall be paid such salaries and allowances as the Inspector-General may from time to time determine in consultation with the Chief Executive of the Department of the Prime Minister and Cabinet.
3: No person employed by the Inspector-General shall have access to any information in the possession of an intelligence and security agency except in accordance with the rules, applying from time to time within the intelligence and security agency concerned, governing access to such information.
4: Only a person who has an appropriate security clearance may be appointed as an employee of the Inspector-General. Functions of Inspector-General
11: Functions of Inspector-General
1: Subject to the provisions of this Act, the functions of the Inspector-General shall be—
a: to inquire, of the Inspector-General's own motion or at the request of the Minister, into any matter that relates to the compliance by an intelligence and security agency with the law of New Zealand:
b: to inquire into any complaint by—
i: a New Zealand person; or
ii: a person who is an employee or former employee of an intelligence and security agency,— that that person has or may have been adversely affected by any act, omission, practice, policy, or procedure of an intelligence and security agency:
ba: to inquire into any complaint made by the Speaker of the House of Representatives on behalf of 1 or more members of Parliament:
bb: to inquire into a request by a worker who is an employee of the New Zealand Security Intelligence Service or the Government Communications Security Bureau for a determination under section 8(7)
c: to inquire at the request of the Minister or the Prime Minister or of the Inspector-General's own motion into any matter where it appears that a New Zealand person has been or may be adversely affected by any act, omission, practice, policy, or procedure of an intelligence and security agency:
ca: to inquire at the request of the Minister or the Prime Minister or of the Inspector-General's own motion into the propriety of particular activities of an intelligence and security agency:
d: without limiting paragraph (a), to review at intervals of not more than 12 months—
i: the effectiveness and appropriateness of the procedures adopted by each intelligence and security agency to ensure compliance with its governing legislation in relation to the issue and execution of warrants and authorisations; and
ii: the effectiveness and appropriateness of compliance systems concerning operational activity, including all supporting policies and practices of an intelligence and security agency relating to—
A: administration; and
B: information management; and
C: risk management; and
D: legal compliance generally:
da: to conduct unscheduled audits of the procedures and compliance systems described in paragraph (d):
e: to prepare and submit to the Minister from time to time for his or her approval programmes for the general oversight and review of each intelligence and security agency and for the discharge by the Inspector-General, in relation to each intelligence and security agency, of the particular functions specified in this section:
f: to carry out any programme or amended programme or substituted programme approved by the Minister under paragraph (e).
2:
3: In carrying out any inquiry in accordance with the provisions of subsection (1)(ca)
4: Except to the extent strictly necessary for the performance of his or her functions under subsection (1), the Inspector-General shall not inquire into any matter that is operationally sensitive, including any matter that relates to intelligence collection and production methods or sources of information.
5: The Inspector-General shall not conduct an inquiry into a complaint made under subsection (1) by an employee or former employee of an intelligence and security agency unless—
a: all established internal remedies have been exhausted; or
b: the employee or former employee and the chief executive of the relevant intelligence and security agency otherwise agree in writing.
6: Where an inquiry has been conducted by the Inspector-General following a complaint, the Inspector-General may make such recommendations for the redress of that complaint as the Inspector-General thinks fit (including remedies that involve the payment of compensation). Section 11(1)(ba) inserted 26 September 2013 section 7(1) Inspector-General of Intelligence and Security Amendment Act 2013 Section 11(1)(bb) inserted 4 April 2016 section 232 Health and Safety at Work Act 2015 Section 11(1)(c) replaced 26 September 2013 section 7(2) Inspector-General of Intelligence and Security Amendment Act 2013 Section 11(1)(ca) inserted 26 September 2013 section 7(2) Inspector-General of Intelligence and Security Amendment Act 2013 Section 11(1)(d) replaced 26 September 2013 section 7(2) Inspector-General of Intelligence and Security Amendment Act 2013 Section 11(1)(da) replaced 26 September 2013 section 7(2) Inspector-General of Intelligence and Security Amendment Act 2013 Section 11(2) repealed 26 September 2013 section 7(3) Inspector-General of Intelligence and Security Amendment Act 2013 Section 11(3) amended 26 September 2013 section 7(4) Inspector-General of Intelligence and Security Amendment Act 2013
12: Consultation
1: The Inspector-General shall in the exercise of the Inspector-General's functions under this Act have regard to the functions of the Controller and Auditor-General in relation to an intelligence and security agency and may consult with the Controller and Auditor-General in relation to any matter with a view to avoiding inquiries being conducted into that matter by both the Inspector-General and the Controller and Auditor-General.
2: The Inspector-General may—
a: consult any of the persons specified in subsection (3) section 11
b: despite section 26(1)
3: The persons are—
a: the Controller and Auditor-General:
b: an Ombudsman:
c: the Privacy Commissioner:
d: a Human Rights Commissioner:
e: the Independent Police Conduct Authority. Section 12(2) replaced 26 September 2013 section 8 Inspector-General of Intelligence and Security Amendment Act 2013 Section 12(3) inserted 26 September 2013 section 8 Inspector-General of Intelligence and Security Amendment Act 2013
13: Requirements of security
In carrying out his or her functions, duties, and powers under this Act, the Inspector-General shall, in addition to all other matters to which the Inspector-General may properly have regard, have regard to the requirements of security.
14: Matters occurring before commencement of Act
Notwithstanding any other provision of this Act, but subject to section 8
a: the Prime Minister has, by notice in writing to the Inspector-General, authorised the Inspector-General to inquire into the matter; or
b: the matter is one that could, before the commencement of this Act, have been inquired into by the Commissioner of Security Appeals if the complainant had made, in relation to that matter, a complaint under section 18
15: Jurisdiction of courts and other agencies not affected
1: For the avoidance of doubt it is hereby declared that the exercise by the Inspector-General of his or her functions under this Act shall not limit the jurisdiction of any court.
2: The exercise by the Inspector-General of his or her functions under this Act shall not affect the exercise by any Police employee Police employee
3: Nothing in section 12 , the Privacy Commissioner, a Human Rights Commissioner, or the Independent Police Conduct Authority Section 15(2) amended 1 October 2008 section 130(1) Policing Act 2008 Section 15(3) amended 26 September 2013 section 9 Inspector-General of Intelligence and Security Amendment Act 2013 Advisory panel Heading repealed 1 April 2017 section 242(1) Intelligence and Security Act 2017
15A: Advisory panel established
Section 15A repealed 1 April 2017 section 242(1) Intelligence and Security Act 2017
15B: Function of advisory panel
Section 15B repealed 1 April 2017 section 242(1) Intelligence and Security Act 2017
15C: Membership of advisory panel
Section 15C repealed 1 April 2017 section 242(1) Intelligence and Security Act 2017
15D: Remuneration of appointed members of advisory panel
Section 15D repealed 1 April 2017 section 242(1) Intelligence and Security Act 2017
15E: Clerical and secretarial services
Section 15E repealed 1 April 2017 section 242(1) Intelligence and Security Act 2017
15F: Advisory panel to determine own procedure
Section 15F repealed 1 April 2017 section 242(1) Intelligence and Security Act 2017 Complaints
16: Mode of complaint
1: Every complaint to the Inspector-General shall be made in writing.
2: Every complaint shall be addressed to the Inspector-General care of the Registrar or Deputy Registrar of the High Court at Wellington, who shall forward it to the Inspector-General as soon as practicable.
3: Notwithstanding any provision in any enactment, where any letter appearing to be written by any person in custody on a charge or after conviction of any offence, or by any patient of any hospital within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 1969 No 24 s 18(1), (2)
17: Power of Inspector-General to refuse to inquire into complaint
1: The Inspector-General may in his or her discretion decide not to inquire into any complaint if, in his or her opinion,—
a: the subject matter of the complaint is trivial; or
b: the complaint is frivolous or vexatious or is not made in good faith.
2: If in the course of his or her inquiries it appears to the Inspector-General that—
a: having regard to all the circumstances of the case, further inquiries are unnecessary; or
b: the matter is one which should be heard by a court or tribunal constituted by statute,— the Inspector-General may refuse to inquire into the matter further.
3: In any case where the Inspector-General decides not to inquire into a complaint or proceed with his or her inquiries or in any case where the Inspector-General is precluded by section 14 1969 No 24 s 19 1988 No 20 s 87
18: Disclosures to Inspector-General by employees of intelligence and security agencies
Where any employee of an intelligence and security agency brings any matter to the attention of the Inspector-General, that employee shall not be subjected by the intelligence and security agency to any penalty or discriminatory treatment of any kind in relation to his or her employment by reason only of having brought that matter to the attention of the Inspector-General unless the Inspector-General determines that in so doing the employee acted otherwise than in good faith. Procedure
19: Proceedings of Inspector-General
1: The Inspector-General, on commencing an inquiry,—
a: shall notify the chief executive of the relevant intelligence and security agency of both the commencement of the inquiry and the nature of the inquiry; and
b: if the inquiry relates to a complaint, shall provide the chief executive with a copy of the complaint.
2: Where an inquiry is initiated by the Inspector-General of his or her own motion in accordance with the provisions of section 11(1)(a)
3: If the inquiry relates to a complaint, the Inspector-General may require the complainant to give on oath any information relating to the complaint, and may for that purpose administer an oath to the complainant.
4: The Inspector-General shall permit the complainant to be heard, and to be represented by counsel or any other person, and to have other persons testify to the complainant's record, reliability, and character.
5: In accordance with the foregoing provisions of this section, the Inspector-General may receive such evidence as the Inspector-General thinks fit, whether admissible in a court of law or not.
6: Every inquiry by the Inspector-General shall be conducted in private.
7: If at any time during the course of an inquiry it appears to the Inspector-General that there may be sufficient grounds for making any report or recommendation that may adversely affect an intelligence and security agency, or any employee of an intelligence and security agency, or any other person, the Inspector-General shall give to that intelligence and security agency, employee, or person an opportunity to be heard.
8: Subject to the provisions of this Act, the Inspector-General shall regulate his or her procedure in such a manner as the Inspector-General thinks fit.
9: Except on the ground of lack of jurisdiction, no proceeding, report, or finding of the Inspector-General shall be challenged, reviewed, quashed, or called in question in any court. 1969 No 24 s 20(1), (2), (4), (5), (9) 1977 No 50 s 11(3)
20: Powers in relation to security records
1: Subject to section 26(3)
2: Where any security records that are normally kept in the custody of an intelligence and security agency are held by the Inspector-General in the course of an inquiry, the Inspector-General shall ensure that the security records are kept in safe custody in accordance with the requirements applying to the safe custody of security records in the intelligence and security agencies.
3: Where the Inspector-General is responsible for the production of any security records that have a security classification, the Inspector-General shall ensure that the security records are kept in safe custody in accordance with the requirements applying to the safe custody of security records in the intelligence and security agencies. 1969 No 24 s 20(2B) 1977 No 50 s 11(1)
21: Power of entry
For the purposes of any inquiry under this Act, the Inspector-General may, after giving notice to the chief executive of an intelligence and security agency of the Inspector-General's intention to do so, enter, at any reasonable time, any premises or place occupied or used by the agency.
22: Power to hear evidence in private
In conducting any inquiry under section 11(1)
a: the interests of justice so require; or
b: to do otherwise—
i: would be likely to prejudice 1 or more of the interests referred to in section 26(3)(a)
ii: would be likely to prejudice the privacy of any individual. 1969 No 24 s 20(3)
23: Powers of Inspector-General in relation to inquiries
1: The Inspector-General may require any person who, in the Inspector-General's opinion, is able to give information relating to any matter to which an inquiry relates to furnish such information, and to produce such documents or things in the possession or under the control of that person, as in the opinion of the Inspector-General are relevant to the subject matter of the inquiry.
2: The Inspector-General may summon and examine on oath any person who in the opinion of the Inspector-General is able to give any information relating to any matter to which an inquiry relates, and may for the purpose administer an oath to any person so summoned.
3: Every such examination by the Inspector-General shall be deemed to be a judicial proceeding within the meaning of section 108
4: Subject to subsection (5), every person who appears as a witness before the Inspector-General shall have the same privileges in relation to the giving of information, the answering of questions, and the production of documents and papers and things as witnesses have in courts of law.
5: Where any person is bound by the provisions of any enactment (being an Act of Parliament or any regulations
6: Witnesses' fees, allowances, and travelling expenses according to the scales for the time being prescribed by regulations made under the Criminal Procedure Act 2011
a: shall be paid by the Inspector-General to any person who appears as a witness before the Inspector-General pursuant to a summons under subsection (2); and
b: may, if the Inspector-General so decides, be paid by the Inspector-General to any other person who appears as a witness before the Inspector-General;— and those regulations, with all necessary modifications, shall apply accordingly.
7: For the purposes of this section the Inspector-General shall have the powers of a court under any such regulations to fix or disallow, in whole or in part, or increase the amounts payable thereunder.
8: Every person commits an offence and is liable on
a: without lawful justification or excuse, wilfully obstructs, hinders, or resists the Inspector-General or any other person in the exercise of his or her powers under this Act:
b: without lawful justification or excuse, refuses or wilfully fails to comply with any lawful requirement of the Inspector-General or any other person under this Act:
c: wilfully makes any false statement to or misleads or attempts to mislead the Inspector-General or any other person in the exercise of his or her powers under this Act. 1969 No 24 s 20(6), (8) 1977 No 50 s 11(2) Section 23(5) amended 5 August 2013 section 77(3) Legislation Act 2012 Section 23(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 23(8) amended 1 July 2013 section 413 Criminal Procedure Act 2011
24: Proceedings privileged
1: Subject to subsection (2),—
a: no proceedings, civil or criminal, may be brought against the Inspector-General, an appointed member of the advisory panel, or against any employee of the Inspector-General, for anything done or reported or said by the Inspector-General, appointed member, or employee in the course of the exercise or intended exercise of their functions under this Act, unless it is shown that the Inspector-General, appointed member, or employee acted in bad faith:
b: neither the Inspector-General nor an appointed member of the advisory panel nor any employee of the Inspector-General nor any person who has held the appointment of Inspector-General or who has been an appointed member of the advisory panel or who has been an employee of the Inspector-General is to be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions under this Act.
2: Nothing in subsection (1) applies in respect of proceedings for—
a: an offence against section 28
b: an offence against section 78 section 78A(1) section 105 section 105A section 105B
c: the offence of conspiring to commit an offence against section 78 section 78A(1) section 105 section 105A section 105B
d: the offence of attempting to commit an offence against section 78 section 78A(1) section 105 section 105A section 105B
3: Anything said or any information given or any document or thing produced by any person in the course of any inquiry by or proceedings before the Inspector-General under this Act shall be privileged in the same manner as if the inquiry or proceedings were proceedings in a court. 1969 No 24 s 24 1987 No 8 s 25(1) 1993 No 28 s 129(1) Section 24(1) replaced 26 September 2013 section 11 Inspector-General of Intelligence and Security Amendment Act 2013
25: Reports in relation to inquiries
1: On completion of an inquiry, the Inspector-General shall prepare a written report containing his or her conclusions and recommendations and shall forward such report to the Minister and to the chief executive of the intelligence and security agency to which the inquiry relates.
2: Where an inquiry has been conducted by the Inspector-General following a complaint, the Inspector-General shall also advise the complainant of his or her conclusions in terms that will not prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand.
3: If, in the course of the Inspector-General's inquiries, the Inspector-General is of the opinion that there is evidence of a breach of duty or misconduct by an employee of an intelligence and security agency, the Inspector-General shall inform the chief executive and the Minister immediately.
4: On completion of an inquiry, all documents and material relating to that inquiry which the Inspector-General has obtained from an intelligence and security agency shall be returned by the Inspector-General to that agency and all other papers, documents, or records relating to that inquiry in the possession of the Inspector-General and all copies of the Inspector-General's report shall be kept in safe custody in accordance with the requirements applying to the safe custody of documents in the intelligence and security agencies or disposed of by the Inspector-General in accordance with the requirements applying to the disposal of documents by the intelligence and security agencies.
5: The Inspector-General may report to the Minister—
a: on the compliance by an intelligence and security agency with the Inspector-General's recommendations as the result of an inquiry by the Inspector-General; and
b: on the adequacy of any remedial or preventative measures taken by an intelligence and security agency following such inquiry.
6: As soon as practicable after receiving a report from the Inspector-General, the Minister—
a: must provide his or her response to the Inspector-General and the chief executive of the intelligence and security agency concerned; and
b: may provide his or her response to the Intelligence and Security Committee.
7: Subsection (6)
8: For the purposes of this section,—
a: the Inspector-General may, after consulting the chief executive of the intelligence and security agency concerned, determine the security classification of a report prepared under this section; and
b: any matter quoted or summarised in the report must be given a security classification not less than the security classification of the matter quoted or summarised. 1969 No 24 s 21 1977 No 50 s 13 Section 25(6) inserted 26 September 2013 section 12 Inspector-General of Intelligence and Security Amendment Act 2013 Section 25(7) inserted 26 September 2013 section 12 Inspector-General of Intelligence and Security Amendment Act 2013 Section 25(8) inserted 26 September 2013 section 12 Inspector-General of Intelligence and Security Amendment Act 2013
25A: Publication of Inspector-General's reports under section 25
1: As soon as practicable after forwarding a report as required by section 25(1)
2: However, the Inspector-General must not, in the copy of a report made publicly available under subsection (1)
a: information the public disclosure of which would be likely to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence—
i: by the government of any other country or any agency of such a government; or
ii: by any international organisation; or
b: information the public disclosure of which would be likely to endanger the safety of any person; or
c: the identity of any person who is or has been an officer, employee, or agent of an intelligence and security agency other than the chief executive, or any information from which the identity of such a person could reasonably be inferred; or
d: information the public disclosure of which would be likely to prejudice—
i: the continued discharge of the functions of an intelligence and security agency; or
ii: the security or defence of New Zealand or the international relations of the Government of New Zealand; or
e: any information about employment matters or security clearance issues. Section 25A inserted 26 September 2013 section 13 Inspector-General of Intelligence and Security Amendment Act 2013
26: Disclosure
1: Subject to the provisions of this Act, the Inspector-General and an appointed member of the advisory panel
2: Nothing in subsection (1) shall limit the disclosure to the Minister of information concerning the activities of an intelligence and security agency.
3: Subject to subsection (4), where the Minister certifies—
a: that the disclosure either to or by the Inspector-General of any security records or any other official information would be likely—
i: to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
ii: to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the government of any other country or any agency of such a government; or
iii: to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by any international organisation; or
iv: to endanger the safety of any person; and
b: that such disclosure—
i: should not be made; or
ii: should be made only on such terms and conditions as are, in the Minister's opinion, necessary in the interests of security,— the Inspector-General shall act in accordance with the certificate.
4: The Minister shall not exercise his or her power under subsection (3) until the Inspector-General has consulted with—
a: the chief executive of the relevant intelligence and security agency; and
b: any other person (not being, in the case of a complaint, the complainant) capable of assisting in the determination of the circumstances and information relevant to the inquiry, being circumstances and information that should not in the interests of security be disclosed in the course of or in relation to the inquiry. 1969 No 24 s 20A(1) 1977 No 50 s 12 Section 26(1) amended 26 September 2013 section 14 Inspector-General of Intelligence and Security Amendment Act 2013
27: Reports by Inspector-General
1: As soon as practicable after the end of each year ending with 30 June, the Inspector-General shall furnish a report of the Inspector-General's operations during that year to—
a: each Minister who is responsible for an intelligence and security agency; and
b: the Prime Minister.
2: The report shall—
a: specify the number of inquiries undertaken by the Inspector-General during the year; and
b: contain a brief description of the outcome of each inquiry; and
ba: certify the extent to which each intelligence and security agency's compliance systems are sound; and
c: contain such other information as the Inspector-General believes it is necessary, in order to fulfil the object of this Act, to make available to the Ministers specified in subsection (1).
3: The Prime Minister shall, as soon as practicable after receiving a report under subsection (1), present a copy of the report to
4: If it appears to the Prime Minister, after consultation with the Inspector-General, that the publication of any matter in an annual report would be likely—
a: to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
b: to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the government of any other country or any agency of such a government; or
c: to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by any international organisation; or
d: to endanger the safety of any person,— the Prime Minister may exclude that matter from the copy of the report to be presented to
5: The Prime Minister shall provide the Leader of the Opposition with a copy of the report furnished to the Prime Minister under subsection (1).
6: Where the copy supplied to the Leader of the Opposition under subsection (5) contains matter excluded by the Prime Minister, under subsection (4), from the copy presented to
6A: As soon as practicable after a copy of the report is presented to the House of Representatives under subsection (3), the Inspector-General must make a copy of the report (as presented to the House of Representatives) publicly available on an Internet site maintained by or on behalf of the Inspector-General.
7: The Inspector-General may at any time, with the concurrence of the Prime Minister, report either generally or in respect of any particular matter to the Intelligence and Security Committee established by section 5 Section 27(2)(ba) inserted 26 September 2013 section 15(1) Inspector-General of Intelligence and Security Amendment Act 2013 Section 27(3) amended 26 September 2013 section 15(2) Inspector-General of Intelligence and Security Amendment Act 2013 Section 27(4) amended 26 September 2013 section 15(3) Inspector-General of Intelligence and Security Amendment Act 2013 Section 27(6) amended 26 September 2013 section 15(3) Inspector-General of Intelligence and Security Amendment Act 2013 Section 27(6A) inserted 26 September 2013 section 15(4) Inspector-General of Intelligence and Security Amendment Act 2013
28: Secrecy
1: No person who is, or has at any time been, the Inspector-General or an appointed member of the advisory panel
a: make a record of, or disclose to any person, any information acquired by reason of the person holding or acting in that office; or
b: make use of any such information.
2: Nothing in subsection (1) applies in relation to the disclosure or use of any information after its disclosure or use has been approved in writing by the Minister.
3: Every person commits an offence and is liable on conviction
4: The Inspector-General and any employee of the Inspector-General shall be deemed for the purposes of sections 105 105A
5: No prosecution for an offence against this section shall be commenced except with the leave of the Attorney-General.
6: Amendment(s) incorporated in the Act(s) Section 28(1) amended 26 September 2013 section 16 Inspector-General of Intelligence and Security Amendment Act 2013 Section 28(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
29: Publication
1: Except with the written consent of the Minister, no report or account of any inquiry by the Inspector-General, or any complaint before the Inspector-General, or any decision of the Inspector-General or the Minister relating to such inquiry or complaint shall be published in any newspaper or other document or broadcast by radio or television or otherwise distributed or disclosed in any manner whatsoever, unless the report or account is confined,—
a: in the case of a complaint, to advice provided to the complainant by the Inspector-General in accordance with section 25(2)
b: in any other case, to material that the Inspector-General has approved for release (the approval being an approval given in writing after the Inspector-General has consulted, in relation to security requirements, with the chief executive of the intelligence and security agency to which the inquiry or complaint relates).
2: No person contravenes subsection (1) by reason only of publishing, or broadcasting, or distributing, or disclosing the fact that any inquiry has been conducted by the Inspector-General.
3: Every person commits an offence who publishes or broadcasts or causes to be published or broadcast or otherwise distributes or discloses any report or account in contravention of subsection (1).
4: Every person who commits an offence against subsection (3) is liable on
a: in the case of a company or other corporation, to a fine not exceeding $50,000; and
b: in the case of a natural person to imprisonment for a term not exceeding 1 year or to a fine not exceeding $10,000 or to both.
5: No prosecution for an offence against this section shall be commenced except with the leave of the Attorney-General.
6: Nothing in this section shall restrict the broadcasting or reporting of proceedings in Parliament. 1969 No 24 s 23 1977 No 50 s 14 Section 29(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Amendments to Ombudsmen Act 1975
30: Referral of complaint to Inspector-General of Intelligence and Security
Amendment(s) incorporated in the Act(s)
31: Consultation with Inspector-General of Intelligence and Security
Amendment(s) incorporated in the Act(s) Amendments to Privacy Act 1993
32: Referral of complaint to Inspector-General of Intelligence and Security
Amendment(s) incorporated in the Act(s)
33: Consultation with Inspector-General of Intelligence and Security
Amendment(s) incorporated in the Act(s) |
DLM392575 | 1996 | Social Security Amendment Act (No 3) 1996 | 1: Short Title
This Act may be cited as the Social Security Amendment Act (No 3) 1996, and shall be read together with and deemed part of the Social Security Act 1964
2: Abolishing special married rate of training benefit
1: Section 60B section 33(1) Finance Act 1989 subsection (2)
2: Schedule 9 section 36(1) Finance Act 1989
3: So much of Schedule 1 to the Social Security (Rates of Benefits and Allowances) Order 1995 (SR 1995/51) clause 3
4: Notwithstanding subsections (1) to (3) section 60B(2)
a: To a married person receiving that rate immediately before this section comes into force; and
b: Until the earlier of—
i: The date on which the person is no longer entitled to a training benefit or to that rate of benefit; or
ii: The end of the period the benefit is payable for, as determined under section 60C(1)
3: Abolition of power to make advances to beneficiaries and war pensioners for repair or maintenance of home, etc
1: Section 125
2: Notwithstanding subsection (1) (3) to (5)
3: Every advance made under section 125
a: Shall not have its validity called into question by the repeal of that section; and
b: May be recovered, when repayable under the terms and conditions of the advance under that section,—
i: As a debt due to the Crown, at the suit of the Director-General; or
ii: By deduction from any benefit subsequently payable to the person to whom the advance was made under the principal Act; or
iii: Under section 86A
4: The following enactments are hereby consequentially repealed:
a: Section 40 Social Security Amendment Act 1972
b: Section 26 Social Security Amendment Act 1975
c: Section 27 Social Security Amendment Act 1987
d: Section 23 of the Social Security Amendment Act (No 2) 1988
e: Section 38(4) Social Welfare (Transitional Provisions) Act 1990
f: So much of Schedule 2 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 section 125
5: Clause 3 Social Security (Miscellaneous Rates) Order 1990
4: Transitional arrangements for advances
Notwithstanding section 3 section 125
a: The application for the advance was made before section 3
b: The application had not been dealt with before that date.
5: Consequential amendments
The principal Act is hereby amended in the manner set out in the Schedule |
DLM373399 | 1996 | National Parks Amendment Act 1996 | 1: Short Title and commencement
1: This Act may be cited as the National Parks Amendment Act 1996, and shall be read together with and deemed part of the National Parks Act 1980
2: Sections 2 4 5 6 7 8 9 10 12
3: Except as provided in subsection (2)
2: Interpretation
Section 2 Activity Certified aerodrome Civil Aviation Regulations 1953 Civil Aviation Act 1990 Concession concession document
a: Means—
i: A lease; or
ii: A licence; or
iii: A permit; or
iv: An easement— granted under section 49 of this Act
b: Includes any activity authorised by the concession document: Concessionaire
a: A lessee; or
b: A licensee; or
c: A permit holder; or
d: The grantee of an easement— under section 49 of this Act Lease
a: Means—
i: A grant of an interest in land that—
A: Gives exclusive possession of the land; and
B: Makes provision for any activity on the land that the lessee is permitted to carry out:
ii: Any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under any enactment passed before the commencement of section 2 of the National Parks Amendment Act 1996
iii: Any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under this Act before the commencement of the said section 2
b: Does not include a licence referred to in paragraph (b)(ii) of the definition of the term licence and lessee Licence
a: Means—
i: A profit a prendre
ii: A grant that makes provision for any activity on the land that the licensee is permitted to carry out; and
b: Includes—
i: Any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a) of this definition section 2 of the National Parks Amendment Act 1996
ii: Any document purporting to be a licence and purporting to grant an exclusive interest in land, and issued under this Act before the date of commencement of the said section 2
iii: Any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a) of this definition section 2 and licensee Permit
a: Means a grant of rights to carry out an activity for a purpose referred to in section 49 of this Act
b: Includes any authorisation or licence granted before the commencement of this definition that granted similar rights;— and permit holder .
3: Special provisions relating to wilderness areas under
Reserves Act 1977 Conservation Act 1987 This section inserted s 14A
4: Procedure for preparing and reviewing management plans
Section 47 section 119 Conservation Law Reform Act 1990
7: In exercising their functions, duties, and powers under this section, the Board, the Director-General, and the Authority shall have regard to any relevant concessions for the time being in force.
5: Concessions
1: The principal Act is hereby amended by repealing section 49
49:
1: The Minister may, in accordance with Part IIIB of the Conservation Act 1987 Part IIIB
2: Before granting any concession over a park, the Minister shall satisfy himself or herself that a concession—
a: Can be granted without permanently affecting the rights of the public in respect of the park; and
b: Is not inconsistent with section 4 of this Act
3: The Minister may impose a reasonable charge for the use of any facilities (other than a path or track) provided by the Minister in or in respect of any park.
4: A concessionaire of any part of any park may, to the extent that the concessionaire's concession document so provides, impose a reasonable charge for the use of any facilities (other than a path or track) provided by the Minister in or in respect of the park.
5: Any person who—
a: Has, in accordance with any concession or other consent of the Minister, erected any structure or facility in any park; or
b: Uses for camping sites or for parking places for vehicles any part of any park; or
c: Carries on any activity in any park— may, subject to the relevant conservation management strategy or management plan (if any) and the terms and conditions (if any) of the concession document concerned, impose a reasonable charge in respect of access to or the use of structures, sites, or places, or the carrying on or products of the activity.
6: Nothing in this section authorises any person to do anything on or in respect of any private land.
2: The following enactments are hereby consequentially repealed:
a: The National Parks Amendment Act 1988
b: Section 120 Conservation Law Reform Act 1990
3: Where any person lawfully occupied any park 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 Conservation Act 1987 section 7 Conservation Amendment Act 1996
4: Where any concession is granted under subsection (3)
5: The provisions of section 17T(4) (5) Conservation Act 1987 subsection (3)
6: Accommodation within parks
1: Section 50
a: By repealing paragraph (b)
b: By omitting from subsection (2) in the erection of, and the provision of access to, any building constructed under the authority of that subsection
c: By repealing subsection (3) section 121(2) Conservation Law Reform Act 1990
d: By omitting from subsection (4) or subsection (3)
2: Section 50(1) paragraph (d)
d: Grant concessions over or in respect of land within the park as sites for dwellings for persons or bodies (whether incorporated or not) carrying on any activity within the park.
3: Section 121(1)(b) Conservation Law Reform Act 1990
4: The policy adopted by resolution by the Authority on 19 October 1994 under section 44 National Parks Act 1980 Policy of the New Zealand Conservation Authority on Concessions for Recreation and Tourism Business Operations in National Parks
7: Farming within parks
The principal Act is hereby amended by repealing section 51
51:
1: This section applies to farming land and grazing land that, in the public interest, should continue to be farmed or grazed.
2: The Minister may, in accordance with the management plan for the park, grant concessions under section 49 of this Act over any part of the park that is land to which this section applies.
8: Repeals
1: Sections 52 53 54
2: The Conservation Act 1987 Schedule 2 sections 52 54(2)
9: Roads within parks
Section 55(2) , and no gravel, shingle, stone, or other material in the park may be removed for road construction purposes, whether within or outside the park
10: Offences in parks
1: Section 60(1) paragraph (j)
j: Conducts in any park any activity for which a concession is required under this Act; or .
2: Section 60(1)
l: Contravenes or fails to comply with section 51A of this Act
3: Section 60(2)
a: By omitting from paragraph (c) lease, licence, concession
b: By omitting from paragraph (d) licence, lease, permit concession
11: Amendment to
Local Government Official Information and Meetings Act 1987 This section substituted s 46(8) Local Government Official Information and Meetings Act 1987
12: Transitional provisions relating to existing leases, etc
1: Every application made before the commencement of section 49 section 5
a: Where the application has been publicly notified in accordance with section 52
b: Where the application has not been publicly notified in accordance with section 52 section 49
c: Where the application is for a permit, or the application is for a lease or licence or an easement but does not require public notification under the principal Act, be dealt with under the said section 49
2: Except as provided in section 17W Conservation Act 1987 section 49 |
DLM373339 | 1996 | Wildlife Amendment Act 1996 | 1: Short Title and commencement
1: This Act may be cited as the Wildlife Amendment Act 1996, and shall be read together with and deemed part of the Wildlife Act 1953
2: Sections 2(1) 3 8
3: Section 6
4: Except as provided in subsections (2) (3)
2: Interpretation
1: Section 2(1) Activity Concession concession document
a: Means—
i: A lease; or
ii: A licence; or
iii: A permit; or
iv: An easement— granted under section 14AA of this Act
b: Includes any activity authorised by the concession document: Concessionaire
a: A lessee; or
b: A licensee; or
c: A permit holder; or
d: The grantee of an easement— under section 14AA of this Act Lease
a: Means—
i: A grant of an interest in land that—
A: Gives exclusive possession of the land; and
B: Makes provision for any activity on the land that the lessee is permitted to carry out:
ii: Any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under any enactment passed before the commencement of section 2 of the Wildlife Amendment Act 1996
iii: Any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under this Act before the commencement of the said section 2
b: Does not include a licence referred to in paragraph (b)(ii) of the definition of the term licence and lessee Licence
a: Means—
i: A profit a prendre
ii: A grant that makes provision for any activity on the land that the licensee is permitted to carry out; and
b: Includes—
i: Any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a) of this definition section 2 of the Wildlife Amendment Act 1996
ii: Any document purporting to be a licence and purporting to grant an exclusive interest in land, and issued under this Act before the date of commencement of the said section 2
iii: Any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a) of this definition section 2 and licensee Permit section 14AA of this Act
a: Means a grant of rights to carry out an activity for a purpose referred to in that section that does not require an interest in land; and
b: Includes any authorisation or licence granted before the commencement of this definition that granted similar rights;— and permit holder .
2: This subsection substituted the definition of open season s 2(1)
3: This subsection inserted the definition of game hunting guide s 2(1)
3: Granting of concessions in wildlife sanctuaries, wildlife refuges, and wildlife management reserves
1: The principal Act is hereby amended by inserting, after section 14A section 6(1) of the Wildlife Amendment Act 1980
14AA:
1: The Minister may, in accordance with Part IIIB of the Conservation Act 1987 Part IIIB
2: The Minister may impose a reasonable charge for the use of any facilities (other than a path or track) provided by the Minister in or in respect of any such sanctuary, refuge, or reserve.
3: Any person who, in accordance with any concession or other consent of the Minister,—
a: Has erected any structure or facility in any sanctuary, refuge, or reserve; or
b: Uses for camping sites or for parking places for vehicles any part of any sanctuary, refuge, or reserve; or
c: Carries on any activity in any sanctuary, refuge, or reserve— may, subject to the relevant conservation management strategy or conservation management plan (if any) and the terms and conditions (if any) of the concession document or other consent concerned, impose a reasonable charge in respect of the carrying on or products of the activity.
4: Nothing in this section authorises any person to do anything on or in respect of any private land.
2: Where any person lawfully occupied any wildlife sanctuary, wildlife refuge, or wildlife management reserve 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 Conservation Act 1987 section 7 Conservation Amendment Act 1996
3: Where any concession is granted under subsection (2)
4: The provisions of section 17T(4) (5) Conservation Act 1987 subsection (2)
4: Open season for game
This section substituted s 15
5: Notification as to conditions on which open season declared
This section amended s 16
6: Game hunting guides to be licensed
The principal Act is hereby amended by inserting, after section 22
22A: Every person commits an offence against this Act and is liable on conviction to the penalty set out in section 67E(1) Section 22A amended 15 October 2000 Wildlife (Penalties and Related Matters) Amendment Act 2000 OIC Wildlife Act 1953 Section 6 not yet in force
7: Sale of game and sale of shooting rights prohibited
This section inserted s 23(4)
8: Other offences
Section 65(f) permit, concession,
9: Regulations
This section amended s 72(2)(a)-(c)
10: Amendment to
Conservation Law Reform Act 1990 This section inserted s 89(6) |
DLM373803 | 1996 | Financial Transactions Reporting Act 1996 | 1: Short Title and commencement
1: This Act may be cited as the Financial Transactions Reporting Act 1996.
2: Except as provided in subsection (3), this Act shall come into force on a date to be appointed by the Governor-General by Order in Council.
3: Sections 13 22 36 Section 1(2) brought into force 1 August 1996 clause 2 Financial Transactions Reporting Act Commencement Order 1996
1: Preliminary provisions
2: Interpretation
1: In this Act, unless the context otherwise requires,— cash
a: means any coin or paper money that is designated as legal tender in the country of issue; and
b:
i: bearer bonds:
ii: travellers cheques:
iii: postal notes:
iv: money orders Commissioner conveyancing practitioner section 6 document section 2(1) facility
a: means any account or arrangement—
i: that is provided by a financial institution; and
ii: through which a facility holder may conduct 2 or more transactions; and
b: without limiting the generality of the foregoing, includes—
i: a life insurance policy:
ii: membership of a superannuation scheme, workplace savings scheme, or KiwiSaver scheme:
iii: the provision, by a financial institution, of facilities for safe custody, including (without limitation) a safety deposit box facility holder
a: means the person in whose name the facility is established; and
b: without limiting the generality of the foregoing, includes—
i: any person to whom the facility is assigned; and
ii: any person who is authorised to conduct transactions through the facility; and
c: in relation to a facility that is a life insurance policy, means any person who for the time being is the legal holder of that policy; and
d: if that facility consists of membership of a superannuation scheme, workplace savings scheme, or KiwiSaver scheme, means the product holder of the managed investment product in the scheme (within the meanings of product holder and managed investment product in section 6(1) financial institution section 3 incorporated conveyancing firm section 6 incorporated law firm section 6 industry organisation KiwiSaver scheme section 6(1) lawyer section 6 life insurance policy section 6(1) money laundering offence section 243 occasional transaction
a: that involves the deposit, withdrawal, exchange, or transfer of cash; and
b: that is conducted by any person otherwise than through a facility in respect of which that person is a facility holder prescribed amount
a: in relation to Part 2 section 56
b: in relation to Part 5 section 56 principal facility holder real estate agent section 4 real estate transaction sections 35 36(2)
a: by or under the supervision of a lawyer; or
b: by an incorporated law firm; or
c: by or under the supervision of a conveyancing practitioner; or
d: by an incorporated conveyancing firm; or
e: by a real estate agent who holds a licence in force under the Real Estate Agents Act 2008 search warrant section 44 superannuation scheme section 6(1) suspicious transaction guideline section 24 suspicious transaction report section 15(1) transaction
a: means any deposit, withdrawal, exchange, or transfer of funds (in whatever currency denominated), whether—
i: in cash; or
ii: by cheque, payment order, or other instrument; or
iii: by electronic or other non-physical means; and
b: without limiting the generality of the foregoing, includes any payment made in satisfaction, in whole or in part, of any contractual or other legal obligation; but
c: does not include any of the following:
i: the placing of any bet:
ii: participation in gambling as defined in section 4(1)
iii: any transaction that is exempted from the provisions of this Act by or under regulations made under section 56 workplace savings scheme section 6(1)
2: For the purposes of this Act, a person becomes a facility holder in relation to a facility when that person is first able to use the facility to conduct transactions. Section 2(1) cash amended 17 October 2009 section 161(1) Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 2(1) cash report repealed 17 October 2009 section 161(1) Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 2(1) collector repealed 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) control of the Customs repealed 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 2(1) conveyancing practitioner inserted 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 2(1) Customs officer repealed 17 October 2009 section 161(1) Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 2(1) facility replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) facility holder replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) incorporated conveyancing firm inserted 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 2(1) incorporated law firm inserted 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 2(1) KiwiSaver scheme inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) lawyer substituted 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 2(1) life insurance policy substituted 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010 Section 2(1) money laundering offence amended 1 October 2003 section 34 Crimes Amendment Act 2003 Section 2(1) officer of Customs repealed 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) real estate agent substituted 16 November 2009 section 173 Real Estate Agents Act 2008 Section 2(1) real estate transaction substituted 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 2(1) real estate transaction amended 16 November 2009 section 173 Real Estate Agents Act 2008 Section 2(1) superannuation scheme replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) transaction substituted 1 July 2004 section 374 Gambling Act 2003 Section 2(1) workplace savings scheme inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
3: Definition of financial institution
1: In this Act, unless the context otherwise requires, and subject to any regulations made under this Act, the term financial institution
a:
b:
c:
d:
e:
f:
g:
h:
ha:
i:
j:
k:
l:
la:
m:
2: A person shall not be regarded as a financial institution for the purposes of this Act merely because that person carries on business as a security technician, security consultant, confidential document destruction agent, or property guard within the meaning of the Private Security Personnel and Private Investigators Act 2010 Section 3(1)(a) repealed 30 June 2013 section 162 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 3(1)(b) repealed 30 June 2013 section 162 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 3(1)(c) repealed 30 June 2013 section 162 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 3(1)(d) repealed 30 June 2013 section 162 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 3(1)(e) repealed 30 June 2013 section 162 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 3(1)(f) repealed 30 June 2013 section 162 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 3(1)(g) repealed 1 January 2019 section 72(2) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 3(1)(h) repealed 9 August 2017 section 150 Financial Markets (Repeals and Amendments) Act 2013 section 98(2) Section 3(1)(ha) repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 3(1)(i) repealed 30 June 2013 section 162 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 3(1)(j) repealed 1 August 2019 section 72(3) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 3(1)(k) repealed 30 June 2013 section 162 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 3(1)(l) repealed 1 July 2018 section 72(4) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 3(1)(la) repealed 1 July 2018 section 72(4) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 3(1)(m) repealed 1 October 2018 section 72(5) Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 Section 3(2) amended 1 April 2011 section 121(1) Private Security Personnel and Private Investigators Act 2010
4: Amounts not in New Zealand currency
1: Where, for the purposes of any provision of this Act, it is necessary to determine whether or not the amount of any cash (whether alone or together with any other amount of cash) exceeds the prescribed amount, and the cash is denominated in a currency other than New Zealand currency, the amount of the cash shall be taken to be the equivalent in New Zealand currency, calculated at the rate of exchange on the date of the determination, or, if there is more than 1 rate of exchange on that date, at the average of those rates.
2: For the purposes of subsection (1), a written certificate purporting to be signed by an officer of any bank in New Zealand that a specified rate of exchange prevailed between currencies on a specified day and that at such rate a specified sum in one currency is equivalent to a specified sum in terms of the currency of New Zealand shall be sufficient evidence of the rate of exchange so prevailing and of the equivalent sums in terms of the respective currencies.
5: Act to bind the Crown
This Act binds the Crown.
2: Obligations on financial institutions to verify identity
Obligations on financial institutions to verify identity
6: Financial institutions to verify identity of facility holders
1: Subject to subsections (3) and (4), where any request is made to a financial institution for a person to become a facility holder (whether in relation to an existing facility provided by that financial institution or by means of the establishment, by that financial institution, of a new facility), that financial institution shall verify the identity of that person.
2: Where subsection (1) applies in respect of any request for a person to become a facility holder in relation to a facility, the financial institution shall verify the identity of that person—
a: before that person becomes a facility holder in relation to that facility; or
b: as soon as practicable after that person becomes a facility holder in relation to that facility, in any case where—
i: that person belongs to a class of persons with whom the financial institution does not normally have face to face dealings; and
ii: it is impracticable to undertake the verification before the person becomes a facility holder.
3: Notwithstanding anything in subsection (1), in any case where, in relation to a facility provided by a financial institution, there are 3 or more facility holders, it shall not be necessary for that financial institution to have verified the identity of every such facility holder, as long as the financial institution has verified the identity of every person who is, for the time being, a principal facility holder.
4: Notwithstanding anything in subsection (1), nothing in that subsection requires a trustee or administration manager or investment manager of a superannuation scheme to verify the identity of any person—
a: who becomes a member of that superannuation scheme by virtue of the transfer, to that scheme, of all the members of another superannuation scheme; or
b: who becomes a member of a section of that superannuation scheme by virtue of the transfer, to one section of that scheme, of all the members of another section of the same scheme.
7: Financial institutions to verify identity of persons conducting certain occasional transactions
1: Subject to subsection (2), where any person conducts an occasional transaction through a financial institution, that financial institution shall verify the identity of that person in any case where—
a: the amount of cash involved in the transaction exceeds the prescribed amount; or
b: the following conditions apply, namely,—
i: that person, or any other person, has also conducted or is conducting 1 or more other occasional transactions through that financial institution; and
ii: the circumstances in which those transactions have been, or are being, conducted provide reasonable grounds to believe that the transactions have been, or are being, structured to avoid the application of paragraph (a); and
iii: the total amount of cash involved in those transactions exceeds the prescribed amount.
2: Notwithstanding anything in subsection (1), nothing in that subsection requires a financial institution to verify the identity of a person who conducts an occasional transaction (in this subsection referred to as the transactor
a: that financial institution is unable to readily determine whether or not the transaction involves cash because the funds involved in the transaction are deposited by the transactor into a facility (being a facility in relation to which that financial institution is a facility holder) provided by another financial institution; and
b: if those funds consisted of or included cash, that other financial institution would be required, under this Part, to verify the identity of the transactor.
3: Without limiting any other factors that a financial institution may consider for the purpose of determining whether or not any transactions are or have been structured to avoid the application of subsection (1)(a), a financial institution shall consider, for that purpose, the following factors:
a: the time frame within which the transactions are conducted:
b: whether or not the parties to the transactions are the same person, or are associated in any way.
4: Where subsection (1) applies in respect of any transaction, the financial institution shall verify the identity of the person conducting the transaction,—
a: where paragraph (a) of that subsection applies,—
i: before the transaction is conducted; or
ii: as soon as practicable after the transaction is conducted, in any case where—
A: the person conducting the transaction belongs to a class of persons with whom the financial institution does not normally have face to face dealings; and
B: it is impracticable to undertake the verification before the transaction is conducted:
b: Where paragraph (b) of that subsection applies, as soon as practicable after the conditions specified in that paragraph are satisfied in respect of that transaction.
5: Where subsection (1) applies in respect of any transaction, the financial institution shall also ask the person who is conducting or, as the case may be, conducted the transaction whether or not the transaction is being conducted or was conducted on behalf of any other person.
6: Nothing in subsection (5) limits section 8
8: Verification where persons acting on behalf of others in respect of occasional transactions
1: Subject to subsection (6), and without limiting section 7
a: a person conducts an occasional transaction through a financial institution; and
b: the amount of cash involved in the transaction exceeds the prescribed amount; and
c: the financial institution has reasonable grounds to believe that the person is conducting the transaction on behalf of any other person or persons,— then, in addition to complying with the requirements of section 7
2: Without limiting section 7
a: that person, or any other person, has also conducted or is conducting 1 or more other occasional transactions through that financial institution; and
b: the circumstances in which those transactions have been, or are being, conducted provide reasonable grounds to believe—
i: that the person is conducting the transactions on behalf of any other person or persons; and
ii: that the transactions have been, or are being, structured to avoid the application of subsection (1); and
c: the total amount of cash involved in those transactions exceeds the prescribed amount,— then, in addition to complying with the requirements of section 7
3: Without limiting any other factors that a financial institution may consider for the purpose of determining whether or not any transactions have been structured to avoid the application of subsection (1), a financial institution shall consider, for that purpose, the following factors:
a: the time frame within which the transactions are conducted:
b: whether or not the parties to the transactions are the same person, or are associated in any way.
4: Where subsection (1) applies in respect of any transaction, the financial institution shall verify the identity of the relevant person or persons—
a: before the transaction is conducted; or
b: as soon as practicable after the financial institution has reasonable grounds to believe that the transaction is being, or has been, conducted on behalf of the relevant person or persons.
5: Where subsection (2) applies in respect of any transaction, the financial institution shall verify the identity of the relevant person or persons as soon as practicable after the conditions specified in that subsection are satisfied.
6: Nothing in subsection (1) requires a financial institution to verify the identity of any person in any case where—
a: the person who is conducting the transaction is a financial institution; and
b: the identity of the other person is required, by any provision of this Part, to be verified by that other financial institution.
9: Verification where facility holders acting on behalf of others
1: Subject to subsections (6) and (7), where—
a: a person who is a facility holder in relation to a facility provided by a financial institution conducts a transaction through that facility; and
b: the amount of cash involved in the transaction exceeds the prescribed amount; and
c: the financial institution has reasonable grounds to believe that the person is conducting the transaction on behalf of any other person or persons,— the financial institution shall verify the identity of the other person or persons.
2: Where a person who is a facility holder in relation to a facility provided by a financial institution conducts a transaction through that facility, and the following conditions apply, namely,—
a: that person, or any other person, has also conducted or is conducting 1 or more other transactions through that facility; and
b: the circumstances in which those transactions have been, or are being, conducted provide reasonable grounds to believe—
i: that the person is conducting the transactions on behalf of any other person or persons; and
ii: that the transactions have been, or are being, structured to avoid the application of subsection (1); and
c: the total amount of cash involved in those transactions exceeds the prescribed amount,— the financial institution shall verify the identity of the other person or persons.
3: Without limiting any other factors that a financial institution may consider for the purpose of determining whether or not any transactions are or have been structured to avoid the application of subsection (1), a financial institution shall consider, for that purpose, the following factors:
a: the time frame within which the transactions are conducted:
b: whether or not the parties to the transactions are the same person, or are associated in any way.
4: Where subsection (1) applies in respect of any transaction, the financial institution shall verify the identity of the relevant person or persons—
a: before the transaction is conducted; or
b: as soon as practicable after the financial institution has reasonable grounds to believe that the transaction is being, or has been, conducted on behalf of the relevant person or persons.
5: Where subsection (2) applies in respect of any transaction, the financial institution shall verify the identity of the relevant person or persons as soon as practicable after the conditions specified in that subsection are satisfied.
6: Nothing in subsection (1) requires a financial institution to verify the identity of any person in any case where—
a: the person who is conducting the transaction is a financial institution; and
b: the identity of the other person is required, by any provision of this Part, to be verified by the other financial institution.
7: Nothing in subsection (1) requires a financial institution to verify the identity of any person (in this subsection referred to as the other person
a: the transaction is conducted by any person in his or her capacity as an employee of the other person, or as a director or principal or partner of the other person; and
b: the financial institution has already verified the identity of the other person pursuant to this Part.
10: Application of sections 8 and 9 in relation to beneficiaries under trust
Nothing in section 8 section 9
a: that a transaction is being, or has been, conducted on that person's behalf in his or her capacity as the beneficiary under a trust; and
b: that the person does not have a vested interest under the trust.
11: Verification of identity where money laundering or
proceeds of significant criminal activity
1: Without limiting any other provision of this Part, where—
a: any person conducts any transaction through a financial institution (whether or not the transaction involves cash); and
b: the financial institution has reasonable grounds to suspect—
i: that the transaction is or may be relevant to the investigation or prosecution of any person for a money laundering offence; or
ii: that the transaction is or may be relevant to the enforcement of the Criminal Proceeds (Recovery) Act 2009 that financial institution shall verify the identity of that person.
2: Where subsection (1) applies in respect of any transaction, the financial institution shall verify the identity of the person as soon as practicable after the financial institution has reasonable grounds to hold, with respect to that transaction, a suspicion of any kind referred to in that subsection. Section 11 heading amended 1 December 2009 section 187(1) Criminal Proceeds (Recovery) Act 2009 Section 11(1)(b)(ii) amended 1 December 2009 section 187(2) Criminal Proceeds (Recovery) Act 2009 Procedures for verifying identity
12: Procedures for verifying identity
1: Subject to subsections (3) to (5), where, by virtue of any provision of this Part, a financial institution is required to verify the identity of any person, that verification shall be done by means of such documentary or other evidence as is reasonably capable of establishing the identity of that person.
2: Without limiting the generality of subsection (1), in verifying the identity of any person, a financial institution may rely (in whole or in part) on evidence used by that financial institution on an earlier occasion to verify that person's identity, if the financial institution has reasonable grounds to believe that the evidence is still reasonably capable of establishing the identity of that person.
3: Where,—
a: by virtue of any provision of this Part, a financial institution is required to verify the identity of any person in relation to any facility; and
b: transactions may be conducted through that facility by means of an existing facility—
i: that is provided by another financial institution; and
ii: in relation to which that person is a facility holder,— the first-mentioned financial institution shall be deemed to have complied with the requirement to verify the identity of that person if that financial institution takes all such steps as are reasonably necessary to confirm the existence of the other facility.
3A: A financial institution is to be treated as having complied with a requirement under section 6
a: was earlier required under section 6
b: complied with the earlier requirement by taking steps, in accordance with subsection (3), to confirm the existence of a facility provided by another financial institution.
4: Where,—
a: by virtue of any provision of this Part, a financial institution is required to verify the identity of any person in relation to an occasional transaction; and
b: that occasional transaction is conducted by means of an existing facility—
i: that is provided by another financial institution; and
ii: in relation to which that person is a facility holder,— the first-mentioned financial institution shall be deemed to have complied with the requirement to verify the identity of that person if that financial institution takes all such steps as are reasonably necessary to confirm the existence of the facility.
5: Where,—
a: by virtue of any provision of this Part, a trustee or administration manager or investment manager of a superannuation scheme is required to verify the identity of any person by reason that the person has become, or is seeking to become, a member of that scheme; and
b: the superannuation scheme is established principally for the purpose of providing retirement benefits to employees,— that trustee or manager shall be deemed to have complied with the requirement to verify the identity of that person if that person's identity has been verified by his or her employer. Section 12(3A) inserted 7 May 1999 section 2 Financial Transactions Reporting Amendment Act 1999 Offences
13: Offences
1: Every financial institution commits an offence against this section who,—
a: in contravention of section 6(2)(a)
b: where a person becomes a facility holder in relation to any facility provided by that financial institution, fails, in contravention of section 6(2)(b)
c: in contravention of section 7(4)(a)(i)
d: where an occasional transaction is conducted by any person through that financial institution, in any case where the amount of cash involved in the transaction exceeds the prescribed amount, fails, in contravention of section 7(4)(a)(ii)
e: where an occasional transaction is conducted by any person through that financial institution, fails, in contravention of section 7(4)(b)
f: where—
i: an occasional transaction is conducted by any person through that financial institution; and
ii: the amount of cash involved in the transaction exceeds the prescribed amount; and
iii: the financial institution has reasonable grounds to believe that the person is conducting the transaction on behalf of any other person or persons,— fails, in contravention of section 8(4)
iv: before the transaction is conducted; or
v: as soon as practicable after the financial institution has reasonable grounds to believe that the transaction is being, or has been, so conducted; or
g: where—
i: an occasional transaction is conducted by any person through that financial institution; and
ii: the conditions specified in paragraphs (a) to (c) of section 8(2) fails, in contravention of section 8(5)
h: where—
i: a person who is a facility holder in relation to a facility provided by that financial institution conducts a transaction through that facility; and
ii: the amount of cash involved in the transaction exceeds the prescribed amount; and
iii: the financial institution has reasonable grounds to believe that the person is conducting the transaction on behalf of any other person or persons,— fails, in contravention of section 9(4)
iv: before the transaction is conducted; or
v: as soon as practicable after the financial institution has reasonable grounds to believe that the transaction is being, or has been, so conducted; or
i: where—
i: a person who is a facility holder in relation to a facility provided by that financial institution conducts a transaction through that facility; and
ii: the conditions specified in paragraphs (a) to (c) of section 9(2) fails, in contravention of section 9(5)
j: where—
i: a person conducts a transaction through that financial institution; and
ii: the financial institution has reasonable grounds to suspect—
A: that the transaction is or may be relevant to the investigation or prosecution of any person for a money laundering offence; or
B: that the transaction is or may be relevant to the enforcement of the Criminal Proceeds (Recovery) Act 2009 fails, in contravention of section 11(2)
2: Every financial institution who commits an offence against this section is liable on conviction
a: in the case of an individual, $20,000:
b: in the case of a body corporate, $100,000. Section 13(1)(j)(ii)(B) amended 1 December 2009 section 188 Criminal Proceeds (Recovery) Act 2009 Section 13(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
14: Defence
1: It is a defence to a charge against a person in relation to a contravention of, or a failure to comply with, any provision of this Part if the defendant proves—
a: that the defendant took all reasonable steps to ensure that the defendant complied with that provision; or
b: that, in the circumstances of the particular case, the defendant could not reasonably have been expected to ensure that the defendant complied with the provision.
2: In determining, for the purposes of subsection (1)(a), whether or not a financial institution took all reasonable steps to comply with a provision of this Part, the court shall have regard to—
a: the nature of the financial institution and the activities in which it engages; and
b: the existence and adequacy of any procedures established by the financial institution to ensure compliance with the provision, including (without limitation)—
i: staff training; and
ii: audits to test the effectiveness of any such procedures.
3: Except as provided in subsection (4), subsection (1) shall not apply unless, within 21 days after the service of the summons, or within such further time as the court may allow, the defendant has delivered to the prosecutor a written notice—
a: stating that the defendant intends to rely on subsection (1); and
b: specifying the reasonable steps that the defendant will claim to have taken.
4: In any such prosecution, evidence that the defendant took a step not specified in the written notice required by subsection (3) shall not, except with the leave of the court, be admissible for the purpose of supporting a defence under subsection (1).
3: Obligation to report suspicious transactions
Obligation to report suspicious transactions
15: Financial institutions to report suspicious transactions
1: Notwithstanding any other enactment or any rule of law, but subject to section 19 and to section 44(4)
a: any person conducts or seeks to conduct any transaction through a financial institution (whether or not the transaction or proposed transaction involves cash); and
b: the financial institution has reasonable grounds to suspect—
i: that the transaction or proposed transaction is or may be relevant to the investigation or prosecution of any person for a money laundering offence; or
ia: that the transaction or proposed transaction is or may be relevant to the enforcement of the Terrorism Suppression Act 2002
ii: that the transaction or proposed transaction is or may be relevant to the enforcement of the Criminal Proceeds (Recovery) Act 2009 the financial institution shall, as soon as practicable after forming that suspicion, report that transaction or proposed transaction to the Commissioner.
2: Subject to subsection (3), every suspicious transaction report shall—
a: be in the prescribed form (if any); and
b: contain the details specified in the Schedule
c: contain a statement of the grounds on which the financial institution holds the suspicion referred to in subsection (1)(b); and
ca: be signed by a person authorised by the financial institution to sign suspicious transaction reports (except where the suspicious transaction report is forwarded by electronic mail or other similar means of communication); and
d: be forwarded, in writing, to the Commissioner at Police National Headquarters at Wellington—
i: by way of facsimile transmission; or
ii: by such other means (including, without limitation, electronic mail or other similar means of communication) as may be agreed from time to time between the Commissioner and the financial institution concerned.
3: Notwithstanding paragraph (a) or paragraph (ca) or paragraph (d) of subsection (2), where the urgency of the situation requires, a suspicious transaction report may be made orally to any Police employee
4: The Commissioner may confer the authority to receive a suspicious transaction report under subsection (3) on any specified Police employee or on Police employees of any level of position, or on any Police employees for the time being holding any specified office or specified class of offices. Section 15(1) amended 18 October 2002 section 77 Terrorism Suppression Act 2002 Section 15(1)(b)(ia) inserted 17 October 2009 section 161(2) Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 15(1)(b)(ii) amended 1 December 2009 section 189 Criminal Proceeds (Recovery) Act 2009 Section 15(2)(ca) inserted 3 June 1998 section 2(1) Financial Transactions Reporting Amendment Act 1998 Section 15(3) amended 1 October 2008 section 130(1) Policing Act 2008 Section 15(3) amended 3 June 1998 section 2(2) Financial Transactions Reporting Amendment Act 1998 Section 15(4) substituted 1 October 2008 section 130(1) Policing Act 2008
16: Auditors may report suspicious transactions
Notwithstanding any other enactment or any rule of law, any person who, in the course of carrying out the duties of that person's occupation as an auditor, has reasonable grounds to suspect, in relation to any transaction,—
a: that the transaction is or may be relevant to the investigation or prosecution of any person for a money laundering offence; or
ab: that the transaction or proposed transaction is or may be relevant to the enforcement of the Terrorism Suppression Act 2002
b: that the transaction is or may be relevant to the enforcement of the Criminal Proceeds (Recovery) Act 2009 may report that transaction to any Police employee Section 16 amended 1 October 2008 section 130(1) Policing Act 2008 Section 16(ab) inserted 17 October 2009 section 161(2) Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 16(b) amended 1 December 2009 section 190 Criminal Proceeds (Recovery) Act 2009
17: Protection of persons reporting suspicious transactions
1: If any person—
a: discloses or supplies any information in any suspicious transaction report made under section 15
b: supplies any information in connection with such a report, whether at the time the report is made or afterwards,— that person has immunity from civil, criminal, and disciplinary proceedings in accordance with subsection (1A).
1A: No civil, criminal, and disciplinary proceedings lie against a person to whom subsection (1) applies—
a: in respect of the disclosure or supply, or the manner of the disclosure or supply, by that person, of the information referred to in that subsection; or
b: for any consequences that follow from the disclosure or supply of that information,— unless the information was disclosed or supplied in bad faith.
2: Where any information is disclosed or supplied, pursuant to section 16 constable
a: in respect of the disclosure or supply, or the manner of the disclosure or supply, of that information by that person; or
b: for any consequences that follow from the disclosure or supply of that information,— unless the information was disclosed or supplied in bad faith.
3: Nothing in subsection (1) or subsection (1A) section 22 Section 17(1) substituted 3 June 1998 section 3(1) Financial Transactions Reporting Amendment Act 1998 Section 17(1A) inserted 3 June 1998 section 3(1) Financial Transactions Reporting Amendment Act 1998 Section 17(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 17(3) amended 3 June 1998 section 3(2) Financial Transactions Reporting Amendment Act 1998
18: Immunity from liability for disclosure of information relating to money laundering transactions
Without limiting section 17
a: any person does any act that, apart from section 244(a) section 243
b: in respect of the doing of that act, that person would have, by virtue of section 244(a)
c: that person discloses, to any constable section 243(4)
d: that information is so disclosed, in good faith, for the purpose of or in connection with the enforcement or intended enforcement of any enactment or provision referred to in section 244(a)
e: that person is otherwise under any obligation (whether arising by virtue of any enactment or any rule of law or otherwise howsoever) to maintain secrecy in relation to, or not to disclose, that information,— then, notwithstanding that the disclosure would otherwise constitute a breach of that obligation of secrecy or non-disclosure, the disclosure by that person, to that constable Section 18 amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 18(a) amended 1 October 2003 section 34 Crimes Amendment Act 2003 Section 18(b) amended 1 October 2003 section 34 Crimes Amendment Act 2003 Section 18(c) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 18(c) amended 1 October 2003 section 34 Crimes Amendment Act 2003 Section 18(d) amended 1 October 2003 section 34 Crimes Amendment Act 2003
19: Legal professional privilege
1: Nothing in section 15
2: For the purposes of this section, a communication is a privileged communication only if—
a: it is a confidential communication, whether oral or written, passing between—
i: a lawyer in his or her professional capacity and another lawyer in such capacity; or
ii: a lawyer in his or her professional capacity and his or her client,— whether made directly or indirectly through an agent of either; and
b: it is made or brought into existence for the purpose of obtaining or giving legal advice or assistance; and
c: it is not made or brought into existence for the purpose of committing or furthering the commission of some illegal or wrongful act.
3: Where the information consists wholly or partly of, or relates wholly or partly to, the receipts, payments, income, expenditure, or financial transactions of a specified person (whether a lawyer, his or her client, or any other person), it shall not be a privileged communication if it is contained in, or comprises the whole or part of, any book, account, statement or other record prepared or kept by the lawyer in connection with a trust account of the lawyer within the meaning of section 6
4: For the purposes of this section, references to a lawyer 1990 No 51 s 24 Section 19(3) amended 1 August 2008 section 349 Lawyers and Conveyancers Act 2006
20: Suspicious transaction reports not to be disclosed
1: A financial institution that has made, or is contemplating making, a suspicious transaction report shall not disclose the existence of that report or, as the case requires, that the making of such a report is contemplated to any person except—
a: the Commissioner or a Police employee
b: an officer or employee or agent of the financial institution, for any purpose connected with the performance of that person's duties; or
c: a barrister or solicitor, for the purpose of obtaining legal advice or representation in relation to the matter; or
d: the Reserve Bank of New Zealand, for the purpose of assisting the Reserve Bank of New Zealand to carry out its functions under Part 5
2: No person referred to in paragraph (b) of subsection (1) to whom disclosure of any information to which that subsection applies has been made shall disclose that information except to another person of the kind referred to in that subsection, for the purpose of—
a: the performance of the first-mentioned person's duties; or
b: obtaining legal advice or representation in relation to the matter.
3: No person referred to in paragraph (c) of subsection (1) to whom disclosure of any information to which that subsection applies has been made shall disclose that information except to a person of the kind referred to in that subsection for the purpose of giving legal advice or making representations in relation to the matter.
4: Subject to section 21 1991 No 120 s 80 Section 20(1)(a) amended 1 October 2008 section 130(1) Policing Act 2008
21: Protection of identity of persons making suspicious transaction reports
1: This section applies in respect of the following information:
a: any suspicious transaction report:
b: any information the disclosure of which will identify, or is reasonably likely to identify, any person—
i: as a person who, in his or her capacity as an officer, employee, or agent of a financial institution, has handled a transaction in respect of which a suspicious transaction report was made; or
ii: as a person who has prepared a suspicious transaction report; or
iii: as a person who has made a suspicious transaction report:
c: any information that discloses or is reasonably likely to disclose the existence of a suspicious transaction report.
2: No Police employee
a: the detection, investigation, and prosecution of—
i: money laundering offences; and
ii: an offence within the meaning of section 243 proceeds of that offence
ab: the enforcement of the Terrorism Suppression Act 2002
b: the enforcement of the Criminal Proceeds (Recovery) Act 2009
c: any activity relating to an application for a restraining order, assets forfeiture order, or profit forfeiture order under the Criminal Proceeds (Recovery) Act 2009
d: any activity relating to the making of an instrument forfeiture order under section 142N
e: the administration of the Mutual Assistance in Criminal Matters Act 1992
3: No person may section 108
4: Nothing in this section prohibits the disclosure of any information for the purposes of the prosecution of any offence against any of subsections (3) to (5) of section 22 Section 21(1)(c) added 3 June 1998 section 4(1) Financial Transactions Reporting Amendment Act 1998 Section 21(2) amended 1 October 2008 section 130(1) Policing Act 2008 Section 21(2)(a)(ii) amended 7 November 2015 section 4(1) Financial Transactions Reporting Amendment Act 2015 Section 21(2)(a)(ii) amended 7 November 2015 section 4(2) Financial Transactions Reporting Amendment Act 2015 Section 21(2)(ab) inserted 17 October 2009 section 161(2) Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 21(2)(b) amended 1 December 2009 section 191(1) Criminal Proceeds (Recovery) Act 2009 Section 21(2)(c) substituted 1 December 2009 section 191(2) Criminal Proceeds (Recovery) Act 2009 Section 21(2)(d) substituted 1 December 2009 section 191(2) Criminal Proceeds (Recovery) Act 2009 Section 21(2)(e) added 1 December 2009 section 191(2) Criminal Proceeds (Recovery) Act 2009 Section 21(3) amended 3 June 1998 section 4(2) Financial Transactions Reporting Amendment Act 1998
22: Offences
1: Every financial institution commits an offence against this section who, in any case where—
a: a transaction is conducted or is sought to be conducted through that financial institution; and
b: that financial institution has reasonable grounds to suspect—
i: that the transaction or, as the case requires, the proposed transaction is or may be relevant to the investigation or prosecution of any person for a money laundering offence; or
ia: that the transaction or proposed transaction is or may be relevant to the enforcement of the Terrorism Suppression Act 2002
ii: that the transaction or, as the case requires, the proposed transaction is or may be relevant to the enforcement of the Criminal Proceeds (Recovery) Act 2009 fails, in contravention of section 15(1)
2: Every financial institution who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, $20,000:
b: in the case of a body corporate, $100,000.
3: Every person commits an offence and is liable on conviction or in supplying information in connection with such a report
a: makes any statement that the person knows is false or misleading in a material particular; or
b: omits from any statement any matter or thing without which the person knows that the statement is false or misleading in a material particular.
4: Every person commits an offence who,—
a: for the purpose of obtaining, directly or indirectly, an advantage or a pecuniary gain for that person or any other person; or
b: with intent to prejudice any investigation into the commission or possible commission of a money laundering offence,— contravenes any of subsections (1) to (3) of section 20
5: Every person commits an offence who,—
a: being an officer or employee or agent of a financial institution; and
b: having become aware, in the course of that person's duties as such an officer or employee or agent, that any investigation into any transaction or proposed transaction that is the subject of a suspicious transaction report is being, or may be, conducted by the Police; and
c: knowing that he or she is not legally authorised to disclose the information; and
d: either—
i: for the purpose of obtaining, directly or indirectly, an advantage or a pecuniary gain for that person or any other person; or
ii: with intent to prejudice any investigation into the commission or possible commission of a money laundering offence,— discloses that information to any other person.
6: Every person who commits an offence against subsection (4) or subsection (5) is liable on conviction
7: Every person who knowingly contravenes any of subsections (1) to (3) of section 20 on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $20,000.
8: Every person commits an offence and is liable on conviction section 21(3) Section 22(1)(b)(ia) inserted 17 October 2009 section 161(2) Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 22(1)(b)(ii) amended 1 December 2009 section 192 Criminal Proceeds (Recovery) Act 2009 Section 22(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 22(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 22(3) amended 3 June 1998 section 5(1) Financial Transactions Reporting Amendment Act 1998 Section 22(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 22(7) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 22(8) added 3 June 1998 section 5(2) Financial Transactions Reporting Amendment Act 1998 Section 22(8) amended 1 July 2013 section 413 Criminal Procedure Act 2011
23: Defence
1: It is a defence to a charge against a person in relation to a contravention of, or a failure to comply with, section 15(1)
a: that the defendant took all reasonable steps to ensure that the defendant complied with that provision; or
b: that, in the circumstances of the particular case, the defendant could not reasonably have been expected to ensure that the defendant complied with the provision.
2: In determining, for the purposes of subsection (1)(a), whether or not a defendant took all reasonable steps to comply with section 15(1)
a: the nature of the financial institution and the activities in which it engages; and
b: the existence and adequacy of any procedures established by the financial institution to ensure compliance with that provision, including (without limitation)—
i: staff training; and
ii: audits to test the effectiveness of any such procedures.
3: Except as provided in subsection (4), subsection (1) shall not apply unless, within 21 days after the service of the summons, or within such further time as the court may allow, the defendant has delivered to the prosecutor a written notice—
a: stating that the defendant intends to rely on subsection (1); and
b: specifying the reasonable steps that the defendant will claim to have taken.
4: In any such prosecution, evidence that the defendant took a step not specified in the written notice required by subsection (3) shall not, except with the leave of the court, be admissible for the purpose of supporting a defence under subsection (1). Suspicious transaction guidelines
24: Commissioner to issue guidelines relating to reporting of suspicious transactions
1: Subject to section 25
a: setting out any features of a transaction that may give rise to a suspicion—
i: that the transaction is or may be relevant to the investigation or prosecution of any person for a money laundering offence; or
ia: that the transaction or proposed transaction is or may be relevant to the enforcement of the Terrorism Suppression Act 2002
ii: that the transaction is or may be relevant to the enforcement of the Criminal Proceeds (Recovery) Act 2009
b: setting out any circumstances in which a suspicious transaction report relating to such a transaction may be made orally in accordance with section 15(3)
2: Suspicious transaction guidelines shall be issued in such manner as the Commissioner from time to time determines.
3: The Commissioner may from time to time issue an amendment or revocation of any suspicious transaction guidelines.
4: Without limiting subsection (1), suspicious transaction guidelines issued under this section may relate to 1 or more kinds of financial institution; and such guidelines may make different provision for different kinds of financial institution and different kinds of transactions. Section 24(1)(a)(ia) inserted 17 October 2009 section 161(2) Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 24(1)(a)(ii) amended 1 December 2009 section 193 Criminal Proceeds (Recovery) Act 2009
25: Consultation on proposed guidelines
1: The Commissioner shall, before issuing any suspicious transaction guidelines,—
a: consult with, and invite representations from, the Privacy Commissioner under the Privacy Act 1993
b: give public notice of the Commissioner's intention to issue the guidelines, which notice shall contain a statement—
i: indicating the Commissioner's intention to issue the guidelines; and
ii: inviting financial institutions that are likely to be affected by the proposed guidelines, and industry organisations that are representative of those financial institutions, to express to the Commissioner, within such reasonable period as is specified in the notice, their interest in being consulted in the course of the development of the guidelines; and
c: consult with, and invite representations from, those financial institutions and industry organisations who express such an interest, and shall have regard to any such representations.
2: Nothing in subsection (1) prevents the Commissioner from adopting any additional means of publicising the proposal to issue any suspicious transaction guidelines or of consulting with interested parties in relation to such a proposal.
3: This section shall apply in respect of any amendment or revocation of any suspicious transaction guidelines.
26: Commissioner to make guidelines available to financial institutions and industry organisations
On request by any financial institution in respect of which any suspicious transaction guidelines are for the time being in force, or by any industry organisation that represents any such financial institution, the Commissioner shall, without charge,—
a: make those guidelines, and all amendments to those guidelines, available for inspection, by that financial institution or, as the case requires, that industry organisation, at Police National Headquarters at Wellington; and
b: provide copies of those guidelines, and all amendments to those guidelines, to that financial institution or, as the case requires, that industry organisation.
27: Review of guidelines
1: The Commissioner shall from time to time review any suspicious transaction guidelines for the time being in force.
2: Section 25 Application of Privacy Act 1993
28: Application of Privacy Act 1993
Any information contained in a suspicious transaction report or supplied in connection with such a report Privacy Act 1993
a: the detection, investigation, and prosecution of offences against this Act:
b: the detection, investigation, and prosecution of—
i: money laundering offences; and
ii: an offence within the meaning of section 243 proceeds of that offence
c: the enforcement of the Criminal Proceeds (Recovery) Act 2009
d: any activity relating to an application for a restraining order, assets forfeiture order, or profit forfeiture order under the Criminal Proceeds (Recovery) Act 2009
da: the enforcement of the Terrorism Suppression Act 2002
e: any activity relating to the making of an instrument forfeiture order under section 142N
f: the administration of the Mutual Assistance in Criminal Matters Act 1992 Section 28 amended 3 June 1998 section 6 Financial Transactions Reporting Amendment Act 1998 Section 28(b)(ii) amended 7 November 2015 section 5(1) Financial Transactions Reporting Amendment Act 2015 Section 28(b)(ii) amended 7 November 2015 section 5(2) Financial Transactions Reporting Amendment Act 2015 Section 28(c) amended 1 December 2009 section 194(1) Criminal Proceeds (Recovery) Act 2009 Section 28(d) substituted 1 December 2009 section 194(2) Criminal Proceeds (Recovery) Act 2009 Section 28(da) inserted 17 October 2009 section 161(2) Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 28(e) substituted 1 December 2009 section 194(2) Criminal Proceeds (Recovery) Act 2009 Section 28(f) added 1 December 2009 section 194(2) Criminal Proceeds (Recovery) Act 2009
4: Retention of records
29: Obligation to keep transaction records
1: In relation to every transaction that is conducted through a financial institution, that financial institution shall keep such records as are reasonably necessary to enable that transaction to be readily reconstructed at any time by the Commissioner.
2: Without limiting the generality of subsection (1), such records shall contain the following information:
a: the nature of the transaction:
b: the amount of the transaction, and the currency in which it was denominated:
c: the date on which the transaction was conducted:
d: the parties to the transaction:
e: where applicable, the facility through which the transaction was conducted, and any other facilities (whether or not provided by the financial institution) directly involved in the transaction:
f: the name of the officer, employee, or agent of the financial institution who handled the transaction, if that officer, employee, or agent—
i: has face to face dealings in respect of the transaction with any of the parties to the transaction; and
ii: has formed a suspicion (of the kind referred to in section 15(1)(b)
3: Every financial institution shall retain the records kept by that financial institution, in accordance with this section, in relation to a transaction for a period of not less than 5 years after the completion of that transaction. Section 29(2)(f) added 3 June 1998 section 7 Financial Transactions Reporting Amendment Act 1998
30: Obligation to keep verification records
1: In respect of each case in which a financial institution is required, by section 6 section 7 section 8 section 9 section 11
2: Without limiting the generality of subsection (1), such records may comprise,—
a: a copy of the evidence so used; or
b: where it is not practicable to retain that evidence, such information as is reasonably necessary to enable that evidence to be obtained.
3: In respect of each case in which a financial institution verifies the identity of any person by either—
a: confirming the existence of a facility provided by another financial institution (in reliance on section 12(3)
b: having complied with an earlier requirement to verify the identity of a person by confirming the existence of a facility provided by another financial institution (in reliance on section 12(3A) the first-mentioned financial institution must keep such records as are reasonably necessary to enable the identity of the other financial institution, and the identity of that facility, to be readily identified at any time by the Commissioner.
4: Every financial institution shall retain the records kept by that financial institution, in accordance with this section, for the following period:
a: in the case of records relating to the verification of the identity of any person in relation to any facility, where the verification is carried out for the purposes of section 6
b: in the case of records relating to the verification of the identity of any person in relation to any facility, where—
i: that person is not a facility holder in relation to that facility; and
ii: the verification is carried out, for the purposes of section 9 for a period of not less than 5 years after that facility holder ceases to be a facility holder in relation to that facility:
c: in the case of any other records relating to the verification of the identity of any person, for a period of not less than 5 years after the verification is carried out. Section 30(3) substituted 7 May 1999 section 3 Financial Transactions Reporting Amendment Act 1999
31: Obligation to keep prescribed records
Every financial institution shall keep such records as may be prescribed by regulations made under section 56
32: How records to be kept
Records required by section 29 section 30 section 31
33: When records need not be kept
Nothing in section 29 section 30 section 31
34: Destruction of records
1: Subject to subsection (2), every financial institution shall ensure that—
a: every record retained by that financial institution pursuant to any provision of this Part; and
b: every copy of any such record— is destroyed as soon as practicable after the expiry of the period for which the financial institution is required, by any provision of this Part, to retain that record.
2: Nothing in this section requires the destruction of any record, or any copy of any record, in any case where there is a lawful reason for retaining that record.
3: Without limiting the generality of subsection (2), there is a lawful reason for retaining a record if the retention of that record is necessary—
a: in order to comply with the requirements of any other enactment; or
b: to enable any financial institution to carry on its business; or
c: for the purposes of the detection, investigation, or prosecution of any offence.
35: Other laws not affected
Nothing in this Part limits or affects any other enactment that requires any financial institution to keep or retain any record.
36: Offences
1: Every financial institution commits an offence against this section who,—
a: in contravention of section 29
b: in contravention of section 30
c: in contravention of section 31
2: Every financial institution who commits an offence against this section is liable on conviction
a: in the case of an individual, $20,000:
b: in the case of a body corporate, $100,000. Section 36(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
5: Obligation to report imports and exports of cash
Part 5 repealed 16 October 2010 section 163 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
37: Persons arriving in or leaving New Zealand must report cash
Section 37 repealed 16 October 2010 section 163 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
38: Power to search persons
Section 38 repealed 16 October 2010 section 163 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
39: Power to search accompanying baggage
Section 39 repealed 16 October 2010 section 163 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
40: Offences
Section 40 repealed 16 October 2010 section 163 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
41: Chief executive of New Zealand Customs Service may deal with cash reporting offences
Section 41 repealed 16 October 2010 section 163 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
42: Information to be forwarded to Commissioner
Section 42 repealed 16 October 2010 section 163 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
43: Application of Privacy Act 1993
Section 43 repealed 16 October 2010 section 163 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
6: Miscellaneous provisions
Search warrants
44: Search warrants
1: An issuing officer (within the meaning of section 3 subpart 3
a: any thing upon or in respect of which any offence against this Act or any regulations made under this Act 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; or
c: any thing which there are reasonable grounds for believing is intended to be used for the purpose of committing any such offence— may issue a search warrant in respect of that thing.
2: The provisions of Part 4 1993 No 94 s 109 Section 44(1) amended 1 October 2012 section 246(2) Search and Surveillance Act 2012 Section 44(2) inserted 1 October 2012 section 246(3) Search and Surveillance Act 2012
45: Form and content of search warrant
Section 45 repealed 1 October 2012 section 246(4) Search and Surveillance Act 2012
46: Powers conferred by warrant
Section 46 repealed 1 October 2012 section 246(4) Search and Surveillance Act 2012
46A: Power to stop vehicles
Section 46A repealed 1 October 2012 section 246(4) Search and Surveillance Act 2012
47: Person executing warrant to produce evidence of authority
Section 47 repealed 1 October 2012 section 246(4) Search and Surveillance Act 2012
48: Notice of execution of warrant
Section 48 repealed 1 October 2012 section 246(4) Search and Surveillance Act 2012
49: Custody of property seized
Section 49 repealed 1 October 2012 section 246(4) Search and Surveillance Act 2012
50: Procedure where certain documents seized from lawyers' offices
Section 50 repealed 1 October 2012 section 246(4) Search and Surveillance Act 2012
51: Disposal of things seized
Section 51 repealed 1 October 2012 section 246(4) Search and Surveillance Act 2012 Offences
52: Offences punishable on summary conviction
Section 52 repealed 1 July 2013 section 413 Criminal Procedure Act 2011
53: Liability of employers and principals
1: Subject to subsection (3), anything done or omitted by a person as the employee of another person shall, for the purposes of this Act, be treated as done or omitted 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: Anything done or omitted by a person as the agent of another person shall, for the purposes of this Act, be treated as done or omitted by that other person as well as by the first-mentioned person, unless it is done or omitted without that other person's express or implied authority, precedent or subsequent.
3: In any proceedings under this Act against any person in respect of anything alleged to have been done or omitted by an employee of that person, it shall be a defence for that person to prove that he or she or it took such steps as were reasonably practicable to prevent the employee from doing or omitting to do that thing, or from doing or omitting to do as an employee of that person things of that description. 1977 No 49 s 33
54: Directors and officers of bodies corporate
Where any body corporate is convicted of an offence against this Act or any regulations made under this Act, every director and every officer concerned in the management of the body corporate shall be guilty of the offence where it is proved that the act or omission that constituted the offence took place with that person's knowledge, authority, permission, or consent. Miscellaneous provision
55: Non-compliance not excused by contractual obligations
1: The provisions of this Act shall have effect notwithstanding anything to the contrary in any contract or agreement.
2: No person shall be excused from compliance with any requirement of this Act by reason only that compliance with that requirement would constitute breach of any contract or agreement.
55A: This Act subject to section 203 of KiwiSaver Act 2006
Section 55A repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Regulations
56: 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 forms of applications, warrants, reports, and other documents required under this Act:
b: prescribing amounts that are required to be prescribed for the purposes of Part 2
c: prescribing, for the purposes of section 31
d: exempting or providing for the exemption of any transaction or class of transactions from all or any of the provisions of this Act:
e: prescribing, for the purposes of this Act, or any provision or provisions of this Act, what accounts and arrangements shall be deemed to be or not to be facilities, and the circumstances and conditions in which any account or arrangement shall be deemed to be or not to be a facility:
f: prescribing, for the purposes of this Act, or any provision or provisions of this Act, what persons or classes of persons shall be deemed to be or not to be financial institutions, and the circumstances and conditions in which any persons or classes of persons shall be deemed to be or not to be financial institutions:
g: prescribing, for the purposes of this Act, or any provision or provisions of this Act, what transactions shall be deemed to be or not to be occasional transactions, and the circumstances and conditions in which any transaction shall be deemed to be or not to be an occasional transaction:
h: prescribing the manner in which any notice or other document required by this Act to be given or served by, or to or on, any person is to be so given or served:
i: 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 $2,000, that may, on conviction, be imposed in respect of any such offences:
j: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for their due administration.
2: No regulations may be made pursuant to any of paragraphs (d) to (g) of subsection (1) except on the recommendation of the Minister of Justice, and before making any such recommendation, the Minister shall—
a: do everything reasonably possible on the Minister's part to advise all persons who in the Minister's opinion will be affected by any regulations made in accordance with the recommendation, or representatives of those persons, of the proposed terms of the recommendation, and of the reasons for it; and
b: give such persons or their representatives a reasonable opportunity to consider the recommendation and to make submissions on it to the Minister, and shall consider any such submissions; and
c: give notice in the Gazette
d: make copies of the recommendation available for inspection by any person who so requests before any regulations are made in accordance with the recommendation.
3: Failure to comply with subsection (2) shall in no way affect the validity of any regulations made under this section. Section 56(1)(b) amended 17 October 2009 section 161(2) Anti-Money Laundering and Countering Financing of Terrorism Act 2009
56A: Consultation not required for consolidation of certain regulations
The Minister of Justice is not required to comply with section 56(2)
a: revoke any regulations made pursuant to any of paragraphs (d) to (g) of section 56(1)
b: at the same time, consolidate the revoked regulations, so that they have the same effect as those revoked regulations. Section 56A inserted 3 June 1998 section 8 Financial Transactions Reporting Amendment Act 1998 Consequential amendments
57: Consequential amendments to Crimes Act 1961
Amendment(s) incorporated in the Act(s) |
DLM407211 | 1996 | Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1996 | 1: Short Title
This Act may be cited as the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1996, and shall be read together with and deemed part of the Taratahi Agricultural Training Centre (Wairarapa) Act 1969
2: Membership of Trust Board
1: This subsection amended s 3(2)
2: This subsection inserted s 3(2A) (2B)
3: Powers of Trust Board
1: This subsection amended s 9(2)(a)
2: Section 3(1) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1975
4: Accounts
This section amended s 14(3)
5: Annual Report
This section amended s 17
6: Validation
The actions of the Trust Board in preparing its accounts, and furnishing reports to the Minister pursuant to section 17
a: For the period commencing on the 1st day of July 1992 and ending with the 31st day of December 1992 as if that period was a financial year of the Trust Board; and
b: For the periods of 12 months ending with the 31st day of December 1993, the 31st day of December 1994, and the 31st day of December 1995 as if those periods were financial years of the Trust Board— are hereby validated and declared to have been lawful. |
DLM391468 | 1996 | Ozone Layer Protection Act 1996 | 1: Short Title and commencement
1: This Act may be cited as the Ozone Layer Protection 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 16 September 1996 clause 2 Ozone Layer Protection Act Commencement Order 1996 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,— approved form section 12A code of practice section 10 controlled substance Convention Schedule 1 Environmental Protection Authority section 7 Minister offence against this Act officer
a: any person employed in the service of the Environmental Protection Authority
b: any Customs officer ozone depleting substance substance
a: any controlled substance; or
b: any other substance that has an ozone depletion potential of 0.01 or greater prescribed Protocol register section 12B
2: Terms and expressions used and not defined in this Act or in regulations made under this Act but defined in the Convention or the Protocol shall, unless the context otherwise requires, have the same meaning as in the Convention or the Protocol. Section 2(1) approved form inserted 1 July 2011 section 4(1) Ozone Layer Protection Amendment Act 2011 Section 2(1) code of practice amended 1 July 2011 section 4(2) Ozone Layer Protection Amendment Act 2011 Section 2(1) Environmental Protection Authority inserted 1 July 2011 section 4(1) Ozone Layer Protection Amendment Act 2011 Section 2(1) Minister inserted 1 July 2011 section 4(1) Ozone Layer Protection Amendment Act 2011 Section 2(1) officer amended 1 July 2011 section 4(3) Ozone Layer Protection Amendment Act 2011 Section 2(1) register added 1 July 2011 section 4(1) Ozone Layer Protection Amendment Act 2011
3: Act to bind the Crown
This Act binds the Crown.
4: Purpose of Act
1: The purpose of this Act is to—
a: help protect human health and the environment from adverse effects resulting or likely to result from human activities which modify or are likely to modify the ozone layer:
b: phase out ozone depleting substances as soon as possible except for essential uses:
c: give effect to New Zealand's obligations under the Convention and the Protocol.
2: Every person exercising any power or discretion under this Act shall act in a manner consistent with that purpose. 1990 No 50 s 4
5: Application of Act
This Act applies to—
a: ozone depleting substances; and
b: goods that contain any ozone depleting substance; and
c: goods that are designed to use any ozone depleting substance; and
d: goods that are manufactured, processed, or grown using any ozone depleting substance,— as those terms are defined in this Act or in regulations made under Part 3
2: Controls in respect of ozone depleting substances
Prohibitions
6: Prohibitions in respect of ozone depleting substances
1: It is unlawful to import into New Zealand substances or goods the importation of which is prohibited by regulations made under Part 3
2: It is unlawful to export substances or goods the exportation of which is prohibited by regulations made under Part 3
3: It is unlawful to manufacture in New Zealand substances or goods the manufacture of which is prohibited by regulations made under Part 3
4: It is unlawful to sell in New Zealand substances or goods the sale of which is prohibited by regulations made under Part 3
5: It is unlawful to use any substances or goods in New Zealand if that use is prohibited by regulations made under Part 3
7: Customs and Excise Act 2018 to apply to prohibited exports
All the provisions of the Customs and Excise Act 2018 section 388(1)(b) subpart 4 Section 7 replaced 1 October 2018 section 443(3) Customs and Excise Act 2018 Exemptions
8: Exemptions
1: The Environmental Protection Authority may
2: An exemption may be granted only in accordance with regulations made under Part 3 Section 8(1) amended 1 July 2011 section 5 Ozone Layer Protection Amendment Act 2011
8A: Application for exemption
An application for an exemption must be made in the approved form. Section 8A inserted 1 July 2011 section 6 Ozone Layer Protection Amendment Act 2011
9: Consideration of application for exemption
The Environmental Protection Authority must,
a: the need to protect human health and the environment from adverse effects resulting or likely to result from human activities which modify or are likely to modify the ozone layer; and
b: the need to phase out ozone depleting substances as soon as possible except for essential uses; and
c: New Zealand's obligations under the Convention and the Protocol; and
d: the technology available and whether any alternative products have been developed that may be used instead of the ozone depleting substance concerned; and
e: whether the applicant has complied with any code of practice that applies to the business of the applicant; and
f: whether the applicant has committed an offence against this Act. 1990 No 50 s 30 Section 9 amended 1 July 2011 section 7 Ozone Layer Protection Amendment Act 2011 Permits Heading inserted 1 July 2011 section 8 Ozone Layer Protection Amendment Act 2011
9A: General requirements for permits
1: This section applies if regulations made under section 16
2: Any person may apply to the Environmental Protection Authority for a permit.
3: An application for a permit must be in the approved form.
4: The regulations may specify the process and requirements for applying for a permit. Section 9A inserted 1 July 2011 section 8 Ozone Layer Protection Amendment Act 2011
9B: Refusal of permit to import substance
1: This section and sections 9C 9D section 16
2: The Environmental Protection Authority may refuse to grant a permit if the Authority considers—
a: after considering the matters set out in section 9C
b: that the person who applied for the permit has been convicted of an offence against this Act or an offence that involves an ozone-depleting substance; or
c: that the information in the application is incorrect. Section 9B inserted 1 July 2011 section 8 Ozone Layer Protection Amendment Act 2011
9C: Consideration of application for permit to import substance
The Environmental Protection Authority must, in considering an application for a permit, have regard to the following matters to the extent that they are relevant:
a: the amount of the substance that is available for allocation:
b: the total amount of the substance for which applications have been received:
c: the importance of the use to which the substance will be put:
d: whether there is a viable alternative to the use of the substance that would be less harmful to the environment. Section 9C inserted 1 July 2011 section 8 Ozone Layer Protection Amendment Act 2011
9D: Conditions on permits to import substance
If the regulations authorise the Environmental Protection Authority to impose conditions on the grant of a permit, the conditions may address the following matters:
a: the use to which the substance will be put in New Zealand:
b: restriction or prohibition on transfer of an entitlement arising from a permit:
c: the provision of information (including photographs) to the Environmental Protection Authority concerning the identification, movement, and location of the substance and compliance with conditions:
d: the insurance requirements relating to the importation of the substance and its presence in New Zealand:
e: control and ownership of the substance:
f: restriction or prohibition on the grant of a security interest in the substance:
g: the labelling, packaging, handling, storage, transport, processing, or disposal of the substance:
h: liability for the substance if it cannot be used for the purpose for which it was imported. Section 9D inserted 1 July 2011 section 8 Ozone Layer Protection Amendment Act 2011 Codes of practice
10: Codes of practice
1: The Minister
a: the manufacture or use of any goods containing or designed to use, or manufactured using, controlled substances; or
b: the installing, operating, servicing, modifying, or dismantling of any equipment containing or designed to use, or manufactured using, controlled substances; or
c: the supply or use of any controlled substance,— or any representative of such persons, to submit for approval a code of practice to be observed in the course of carrying on that business.
2: Any such notice—
a: shall require that the code of practice incorporate appropriate training programmes for persons in the business; and
b: shall set out any other matters to be incorporated in the code of practice, and any matters incidental thereto; and
c: shall advise the recipient of the offences prescribed by subsection (3) and section 13
3: Any person or representative who fails, within 6 months after the date on which any such notice is sent to the person, to submit for approval a code of practice complying with the notice, commits an offence, and is liable on 1990 No 50 s 33 Section 10(1) amended 1 July 2011 section 9 Ozone Layer Protection Amendment Act 2011 Section 10(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Accreditation
11: Accreditation of persons handling ozone depleting substances
1: Any person whose business is or includes—
a: the installation, servicing, modifying, or dismantling of any equipment containing or designed to use, or manufactured using, any ozone depleting substance; or
b: the direct handling of ozone depleting substances involving a possible risk of release of those substances into the atmosphere,— may be required, by regulations made under section 16
2: The purpose of accreditation shall be to ensure that persons handling ozone depleting substances are aware of their obligations under this Act and have sufficient knowledge to comply with those obligations.
3: Any person who is required to be accredited under this section commits an offence who, without being accredited,—
a: installs, services, modifies, or dismantles any equipment containing or designed to use, or manufactured using, any ozone depleting substance; or
b: otherwise directly handles ozone depleting substances in a way that involves a possible risk of release of those substances into the atmosphere,— and is liable on Section 11(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
12: Industry may be required to prepare draft accreditation schemes
1: For the purpose of assisting with accreditation, the Minister
a: the class of persons that should be accredited; and
b: the conditions for accreditation; and
c: the system for granting accreditation; and
d: such other matters as the notice may specify.
2: Any person who fails without reasonable excuse, within 6 months after the date on which any such notice is sent to the person, to submit a draft accreditation scheme, commits an offence, and is liable on Section 12(1) amended 1 July 2011 section 10 Ozone Layer Protection Amendment Act 2011 Section 12(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Forms Heading inserted 1 July 2011 section 11 Ozone Layer Protection Amendment Act 2011
12A: Environmental Protection Authority may approve forms
The Environmental Protection Authority may approve forms for the purposes of this Act. Section 12A inserted 1 July 2011 section 11 Ozone Layer Protection Amendment Act 2011 Register Heading inserted 1 July 2011 section 11 Ozone Layer Protection Amendment Act 2011
12B: Register
1: The Environmental Protection Authority, on behalf of the Crown, must keep a register called the Ozone Layer Protection Register.
2: The register may be kept in the form of information stored electronically.
3: The Crown owns all information contained in the register. Section 12B inserted 1 July 2011 section 11 Ozone Layer Protection Amendment Act 2011
12C: Information to be included in register
1: The register must record—
a: the details of permits granted under regulations; and
b: the details of exemptions granted under section 8
c: any other information required to comply with New Zealand's international obligations and that is prescribed by regulations.
2: In relation to a permit, the register must specify—
a: the name and address of the person to whom the permit was granted; and
b: the substance or goods to which the permit relates; and
c: the amount of the substance or goods that the permit allows to be imported, exported, manufactured, or sold; and
d: the terms and conditions on which the permit was granted; and
e: any other information required by regulations.
3: In relation to an exemption, the register must specify—
a: the name and address of the person to whom the exemption was granted; and
b: the substance or goods to which the exemption relates; and
c: the amount of the substance or goods that the exemption allows to be imported, exported, manufactured, or sold; and
d: the reason for granting the exemption; and
e: the terms and conditions on which the exemption was granted; and
f: any other information required by regulations.
4: The register may record any other information that the Environmental Protection Authority considers appropriate. Section 12C inserted 1 July 2011 section 11 Ozone Layer Protection Amendment Act 2011
12D: Environmental Protection Authority to allow New Zealand Customs Service access to register
The Environmental Protection Authority must allow the New Zealand Customs Service to have access to the register. Section 12D inserted 1 July 2011 section 11 Ozone Layer Protection Amendment Act 2011 Offences and penalties
13: Offences
Subject to any regulations made under this Act, every person commits an offence against this Act who—
a: imports or exports any substances or goods in contravention of this Act; or
b: manufactures or uses any substances, or manufactures any goods, in contravention of this Act; or
c: knowingly, recklessly, or negligently sells any goods in contravention of this Act; or
d: fails without lawful justification or excuse to comply with any term or condition of any import permit or exemption; or
e: makes a statement or produces a document knowing that it is false or misleading in a material particular for the purpose of—
i: obtaining a permit or an exemption; or
ii: importing or exporting any substances or goods in contravention of this Act; or
f: knowingly or without lawful justification or excuse releases a controlled substance into the atmosphere while—
i: installing, operating, servicing, modifying, or dismantling any refrigeration or air-conditioning equipment or other heat-transfer medium; or
ii: installing, servicing, modifying, or dismantling any fire extinguisher. 1990 No 50 s 34
14: Defence for release of ozone depleting substance
Without limiting the circumstances in which a person may have a lawful justification or excuse, a person is justified or excused in releasing a controlled substance into the atmosphere in circumstances where—
a: the person is carrying out an action referred to in subparagraph (i) or subparagraph (ii) of section 13(f)
b: the release occurred during the connection or disconnection of equipment used to transfer controlled substances from one container to another container; and
c: the release could not reasonably have been avoided. 1990 No 50 s 34(5)
15: Penalties
1: Every person who commits an offence against paragraph (a) or paragraph (b) or paragraph (c) of section 13
2: Every person who commits an offence against paragraph (d) or paragraph (e) of section 13
3: Every person who commits an offence against paragraph (f) of section 13 1990 No 50 s 35 Section 15(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 15(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 15(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
3: Regulations
16: Regulations
1: Subject to sections 17 to 19
a: protecting human health and the environment from adverse effects resulting or likely to result from human activities which modify or are likely to modify the ozone layer:
b: phasing out ozone depleting substances as soon as possible except for essential uses:
c: giving effect to New Zealand's obligations under the Convention and the Protocol:
d: giving effect to the terms of any other international agreement relating to the protection of the ozone layer to which New Zealand is a party:
da: prescribing the particulars of permits and exemptions to be shown in the Ozone Layer Protection Register:
e: prescribing offences in respect of the contravention of or non-compliance with any provision of any regulations made under this Act, and prescribing fines, not exceeding $5,000, that may, on
f: providing for such other matters as are contemplated by or are necessary for giving full effect to this Act and its due administration.
2: A prohibition imposed under this section—
a: may be general; or
b: may be limited to substances or goods from a specified place or by or from a specified person or class of persons; or
c: may, whether general or limited, be absolute or conditional.
3: A conditional prohibition may allow for anything to be done—
a: under the authority of a permit:
b: on or subject to any terms and conditions as may be imposed by the person granting the permit or as may be prescribed.
4: Regulations under this section are secondary legislation ( see Part 3 1988 No 157 s 3(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 16(1) amended 1 July 2011 section 12(a) Ozone Layer Protection Amendment Act 2011 Section 16(1)(da) inserted 1 July 2011 section 12(b) Ozone Layer Protection Amendment Act 2011 Section 16(1)(e) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 16(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
17: Consultation requirements before regulations made
1: The Minister section 16
2: The Minister may also publicise the proposal via the daily public newspapers in the main centres or any other publications, or in any other manner, that the Minister considers appropriate.
3: The Minister shall give persons notified of any such proposal under subsection (1) or subsection (2) such time and opportunity as the Minister considers adequate to comment on the proposed subject matter of the regulations.
4: Any notification of any proposal under subsection (1) or subsection (2) shall—
a: specify the proposed subject matter of the regulations and any relevant supporting documentation, or advice on where this may be obtained; and
b: invite submissions from any person on the proposed regulations; and
c: specify the address to which submissions must be made, and the closing date for the receipt of submissions.
5: The Minister
6: A failure to comply with this section shall not affect the validity of any regulations made under this Act. Section 17(1) amended 1 July 2011 section 13 Ozone Layer Protection Amendment Act 2011 Section 17(5) amended 1 July 2011 section 13 Ozone Layer Protection Amendment Act 2011
18: Additional requirement before regulations made
The Minister must section 16 1990 No 50 s 53(2)(b) Section 18 amended 1 July 2011 section 14 Ozone Layer Protection Amendment Act 2011
19: Manufacture of goods not to be prohibited unless importation also prohibited
No regulations shall be made under this Act prohibiting the manufacture in New Zealand of any goods unless, at the same time, regulations are made under this Act prohibiting the importation of those goods. 1990 No 50 s 24(3)
20: Updating text of Convention, etc
1: The Governor-General may from time to time, by Order in Council, make regulations—
a: amending Schedule 1
b: revoking Schedule 1
c: setting out from time to time the up-to-date text of the Protocol.
2: Regulations under this section are secondary legislation ( see Part 3 1990 No 50 s 53(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 20(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
4: Enforcement
21: Purpose for which powers may be exercised
The powers conferred by this Part may be exercised to the extent reasonably necessary for the purpose of ensuring compliance with this Act and any regulations made under this Act. 1990 No 50 s 36
22: Power of inspection
1: If, in the opinion of any officer, there are reasonable grounds for believing that any person has committed, or is committing, any offence against this Act, that officer may require that person to produce for inspection any substances or goods, or any books, documents, or other records, relating to the offence.
2: Any officer may inspect, and may make or cause to be made copies of, or extracts from, any books, documents, or other records produced in accordance with subsection (1)
3: Any officer may inspect any substances or goods produced in accordance with subsection (1) and, where the officer has reasonable grounds to believe that the substances or goods may be evidence of an offence against this Act, may take or obtain samples of any such substances or goods.
4: Every 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 officer; and
b: evidence of that person's identity.
5: Every person commits an offence and is liable on
6: Nothing in this section shall limit or affect the privilege against self-incrimination. 1990 No 50 s 37 Section 22(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
23: Search warrants
1: Any issuing officer (within the meaning of section 3 subpart 3
2: Every search warrant shall be directed either to a constable constable constable
3: The provisions of Part 4 sections 118 119
4:
5:
6:
7:
8:
9: For the purposes of this section, premises
10: No warrant issued under this section shall authorise any person executing it to enter or search any restricted area within a defence area unless that person has a security clearance approved by the person in charge of the area. 1990 No 50 s 38 Section 23(1) amended 1 October 2012 section 288(1) Search and Surveillance Act 2012 Section 23(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 23(3) replaced 1 October 2012 section 288(2) Search and Surveillance Act 2012 Section 23(4) repealed 1 October 2012 section 288(2) Search and Surveillance Act 2012 Section 23(5) repealed 1 October 2012 section 288(2) Search and Surveillance Act 2012 Section 23(6) repealed 1 October 2012 section 288(2) Search and Surveillance Act 2012 Section 23(7) repealed 1 October 2012 section 288(2) Search and Surveillance Act 2012 Section 23(8) repealed 1 October 2012 section 288(2) Search and Surveillance Act 2012
24: Seizure by Customs officers
Any Customs officer who, in the course of exercising a power conferred on that officer under the Customs and Excise Act 2018 1990 No 50 s 40 Section 24 amended 1 October 2018 section 443(3) Customs and Excise Act 2018
25: Retention of property seized
If any constable or officer seizes any substance or goods under this Act, subparts 1 6 7 9 10 2012 Section 25 replaced 1 October 2012 section 289 Search and Surveillance Act 2012
26: Forfeiture
1:
2:
3: Where any person has been convicted of an offence against paragraph (a) or paragraph (b) or paragraph (c) or paragraph (d) of section 13 1990 No 50 s 42 Section 26 heading amended 1 October 2012 section 290(1) Search and Surveillance Act 2012 Section 26(1) repealed 1 October 2012 section 290(2) Search and Surveillance Act 2012 Section 26(2) repealed 1 October 2012 section 290(2) Search and Surveillance Act 2012 Section 26(3) amended 1 July 2011 section 16 Ozone Layer Protection Amendment Act 2011
5: Miscellaneous provisions
27: Review of reduction timetables
The Minister must 1990 No 50 s 48 Section 27 amended 1 July 2011 section 17 Ozone Layer Protection Amendment Act 2011
28: Other Acts not affected
The provisions of this Act are in addition to, and not in substitution for, the provisions of any other enactment relating to the importation, exportation, manufacture, sale, or use of any substances or goods, and nothing in this Act shall limit or otherwise affect any such provisions. 1990 No 50 s 50
29: Protection of officers and others
A person who does any act in pursuance or intended pursuance of any of the functions conferred on that person under this Act shall not be under any civil or criminal liability in respect thereof, whether on the ground of want of jurisdiction, or mistake of law or fact, or on any other ground, unless the person has acted, or omitted to act, in bad faith or without reasonable cause. 1990 No 50 s 51
30: Annual report
1: The Minister must,
2: The Minister must
3: Every such report shall, among other things, specify—
a: the details of any exemptions granted during the year under this Act; and
b: such other matters as may be prescribed. 1990 No 50 s 52 Section 30(1) amended 1 July 2011 section 18(1) Ozone Layer Protection Amendment Act 2011 Section 30(2) amended 1 July 2011 section 18(2) Ozone Layer Protection Amendment Act 2011
31: Repeals and revocations
1: The enactments specified in Schedule 2
2: The regulation and orders specified in Schedule 3
3: Amendment(s) incorporated in the Act(s)
32: Transitional provision relating to consultation on first regulations
Any consultation carried out before the commencement of this Act relating to the first regulations to be made under this Act shall be deemed to have been carried out under this Act.
33: Savings
Every permit granted under the Import Control (Methyl Bromide) Conditional Prohibition Order 1994 Import Control (Hydrochlorofluorocarbons) Conditional Prohibition Order 1995 |
DLM376809 | 1996 | Co-operative Companies Act 1996 | 1: Short Title and commencement
1: This Act may be cited as the Co-operative Companies Act 1996.
2: Except as provided in sections 49(3) 50(4)
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 September 1996 clause 2 Co-operative Companies Act Commencement Order 1996 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Interpretation
2: Interpretation
1: In this Act, unless the context otherwise requires,— company section 2 co-operative company
a: a company, the principal activity of which is, and is stated in its constitution as being, a co-operative activity and in which not less than 60% of the voting rights are held by transacting shareholders:
b: a company—
i: that is a subsidiary of a company referred to in paragraph (a); and
ii: the principal activity of which is, and is stated in its constitution as being, a co-operative activity.
2: For the purposes of the definition of the term co-operative company in subsection (1),—
a: a company is a subsidiary of another company if—
i: that other company holds not less than 60% of the shares in the company that carry the right to vote at meetings of the company; or
ii: the company is a subsidiary of a company that is that other company's subsidiary:
b: a company is another company's holding company if that other company is its subsidiary.
3: For the purposes of subsection (2), the provisions of section 8
4: Any term or expression that is not defined in this Act, but that is defined in the Companies Act 1993 Section 2(1) existing company repealed 5 December 2013 section 14 Companies Amendment Act 2013 Section 2(1) existing co-operative company repealed 5 December 2013 section 14 Companies Amendment Act 2013
3: Meaning of co-operative activity
1: In this Act, co-operative activity
a: supplying or providing the shareholders of the company with goods or services, or both:
b: supplying or providing the shareholders of the company's holding company with goods or services, or both:
c: processing or marketing goods or services, or both, supplied or provided by its shareholders:
d: processing or marketing goods or services, or both, supplied or provided by the shareholders of its holding company:
e: entering into any other commercial transaction with the shareholders of the company:
f: entering into any other commercial transaction with the shareholders of its holding company:
g: supplying or providing goods or services, or both, that are ancillary to, or that otherwise facilitate, the carrying on by the company or its holding company of a co-operative activity referred to in any of paragraphs (a) to (f).
2: For the purposes of subsection (1), a company may carry on the co-operative activity in 1 or more of the following ways:
a: directly:
b: through a subsidiary of the company:
c: by arranging for another person to carry on the activity.
4: Meaning of transacting shareholder
1: For the purposes of this Act, a shareholder of a co-operative company is a transacting shareholder
a: supplies or provides goods or services to the company or, having ceased to provide goods or services to the company, is, in the reasonable opinion of the directors of the company, likely to resume doing so:
b: purchases or acquires goods or services from the company or, having ceased to purchase or acquire goods or services from the company, is, in the reasonable opinion of the directors of the company, likely to resume doing so:
c: enters into other commercial transactions with the company or, having ceased to enter into other commercial transactions with the company, is, in the reasonable opinion of the directors of the company, likely to resume doing so:
d: has incurred an obligation to do an act referred to in any of paragraphs (a), (b), and (c).
2: For the purposes of this Act, a holding company of a subsidiary that is a co-operative company within the meaning of paragraph (b) of the definition of that term in section 2(1)
3: For the purposes of this section, a shareholder may carry on the activity referred to with the co-operative company in 1 or more of the following ways:
a: directly:
b: through a subsidiary of the co-operative company:
c: with another person that the co-operative company has arranged to carry on the activity.
5: Act to bind the Crown
This Act binds the Crown.
2: Co-operative companies
Registration of co-operative companies
6: Registration of co-operative companies
1: An application for the registration of a company as a co-operative company under this Act must be sent or delivered to the Registrar and must be—
a: in the prescribed form; and
b: signed by a person acting with the express or implied authority of the company; and
c: accompanied by a statutory declaration made by each director stating that, in the opinion of the director, the company is a co-operative company within the meaning of this Act and the grounds for that opinion.
2: Every application must be authorised by the constitution of the company or by a special resolution of the shareholders of the company, and, where the application is authorised by a special resolution, the application must be accompanied by a copy of the resolution.
3: As soon as the Registrar receives a properly completed application for registration of a company as a co-operative company, the Registrar must, if satisfied that the company is a co-operative company,—
a: register the company as a co-operative company under this Act; and
b: issue a certificate of registration.
4: If the Registrar declines to register a company as a co-operative company on the ground that the Registrar is not satisfied that the company is a co-operative company, the Registrar must give notice in writing to the company setting out the Registrar's reasons.
5: A certificate issued under this section is conclusive evidence that—
a: all the requirements of this Act as to registration have been complied with; and
b: on and from the date of registration stated in the certificate, the company is registered under this Act.
7: Simultaneous registration under Companies Act 1993 and this Act
1: An application for registration of a company as a co-operative company under this Act may be sent or delivered to the Registrar together with an application for registration of a company under section 12
2: An application under subsection (1) must be—
a: in the prescribed form; and
b: signed by a person acting with the express or implied authority of the persons named in the application under section 12
c: accompanied by a statutory declaration made by each person named in the application under section 12
3: Every application must be authorised by the proposed constitution of the company or by a resolution of such number of persons who consent to become shareholders of the company and who will hold, in aggregate, not less than 75% of the shares to be issued by the company and, where the application is authorised by that resolution, the application must be accompanied by a copy of the resolution.
4: As soon as the Registrar receives a properly completed application for registration of a company as a co-operative company under subsection (1), the Registrar must, upon registration of the company under the Companies Act 1993
a: register the company as a co-operative company under this Act; and
b: issue a certificate of registration.
5: If the Registrar declines to register a company as a co-operative company on the ground that the Registrar is not satisfied that the company will, upon registration under the Companies Act 1993
6: A certificate issued under this section is conclusive evidence that—
a: all the requirements of this Act as to registration have been complied with; and
b: on and from the date of registration stated in the certificate, the company is registered under this Act.
8: Simultaneous registration under this Act and reregistration under Companies Act 1993 of existing co-operative companies
Section 8 repealed 5 December 2013 section 14 Companies Amendment Act 2013
9: Simultaneous registration under this Act and reregistration under Companies Act 1993 of existing companies
Section 9 repealed 5 December 2013 section 14 Companies Amendment Act 2013
10: Annual resolution by directors of co-operative company
1: The board of a company registered under this Act must, not later than—
a: the date on which the annual report of the company is prepared under section 208 (if any)
b: the date that is 5 months after the balance date of the company,— whichever is the earlier, resolve whether or not, in the opinion of the board, the company has, throughout the accounting period to which the report relates or would relate, as the case may be, been a co-operative company.
2: The resolution must set out in full the reasons for the directors' opinion.
3: Every director who does not vote in favour of the resolution must sign a certificate stating his or her reasons.
4: The board of the company must ensure that there is attached to the annual report (if any)
a: the date and terms of the resolution; and
b: the name of any director who did not vote in favour of the resolution and the director's reasons.
5: If the annual return of the company does not comply with subsection (4), the Registrar must, as soon as practicable after receiving the return, give notice in writing to the board of the company stating that the return does not comply.
6: The board of the company must, within 30 working days after receiving a notice under subsection (5),—
a: if the board did not pass the resolution referred to in subsection (1), pass the resolution and send a statement that complies with paragraphs (a) and (b) of subsection (4) to the Registrar; or
b: if the board passed the resolution but did not comply with paragraphs (a) and (b) of subsection (4), send a statement that complies with those paragraphs to the Registrar.
7: Subsections (2) and (3) apply in relation to a resolution referred to in subsection (6)(a).
8: Every director who, without reasonable excuse, fails to comply with subsection (3) commits an offence and is liable on
9: If the board of a company fails to comply with subsection (6), every director of the company commits an offence and is liable on
10: It is a defence to a director charged with an offence under subsection (9) if the director proves that—
a: the board took all reasonable and proper steps to ensure that the requirements of subsection (6) would be complied with; or
b: he or she took all reasonable and proper steps to ensure that the board complied with the requirements of that subsection; or
c: in the circumstances he or she could not reasonably have been expected to take steps to ensure that the board complied with the requirements of that subsection. Section 10(1)(a) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 10(1)(b) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 10(4) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 10(8) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 10(9) amended 1 July 2013 section 413 Criminal Procedure Act 2011
11: Registrar may cancel registration
1: Subject to subsection (2), the Registrar may cancel the registration of a company under this Act if—
a: the Registrar is satisfied on reasonable grounds that the company is not, or has ceased to be, a co-operative company; or
b: the board of the company has failed to comply with section 10(6)
2: The Registrar must not exercise the power conferred by subsection (1) unless the Registrar—
a: has given to the company not less than 30 working days notice in writing of the fact that the Registrar intends to consider whether to exercise the power and the grounds for doing so; and
b: considers any representations made by the company or any shareholder of the company.
3: The board of the company must, forthwith after receiving a notice under subsection (2), send a copy of the notice to every shareholder of the company. 1956 No 18 s 3(5)
12: Cancellation of registration at request of company
1: A company may apply to the Registrar to cancel the registration of the company under this Act.
2: Every application must be—
a: in the prescribed form; and
b: signed by a person acting with the express or implied authority of the company.
3: Every application must be authorised by a special resolution of the shareholders of the company and must be accompanied by a copy of the resolution.
4: The Registrar must, not less than 30 days after receiving a properly completed application under this section, cancel the registration of the company under this Act.
13: Provisions relating to cancellation of registration
1: The cancellation of the registration of the company under this Act takes effect on the entry by the Registrar on the New Zealand register of a memorandum cancelling the registration of the company under this Act.
2: The Registrar must, forthwith after cancelling the registration of the company under this Act, give notice in writing of the cancellation to the company.
3: Subject to subsection (4), on the cancellation of the registration of a company under this Act,—
a: this Act ceases to apply to the company; and
b: shares in the company having a nominal value cease to have a nominal value and are deemed to have been issued for a consideration equal to the nominal value of the shares immediately before the cancellation of the registration of the company.
4: The provisions of this Act shall, notwithstanding the cancellation of the registration of the company under this Act, continue to apply in relation to the surrender of shares under this Act held by a transacting shareholder where—
a: the transacting shareholder has, before the cancellation of the registration, given a notice under section 20
b: a resolution has, before the cancellation of the registration, been passed by the company under section 21
14: Use of word co-operative in name of company
1: No company may be, or remain, registered under the Companies Act 1993 co-operative
2: Subject to subsection (4), where a company registered under the Companies Act 1993 co-operative co-operative
3: The change of name of the company under subsection (2)—
a: takes effect from the date of the certificate issued under that subsection; and
b: does not affect rights or obligations of the company or legal proceedings by or against the company, and legal proceedings that might have been continued or commenced against the company under its former name may be continued or commenced against it under its new name.
4: If the Registrar believes on reasonable grounds that, if the name of the company were altered under subsection (2), the name would not be a name that could be reserved under section 22 section 24
5: In this section, the word co-operative 1956 No 18 s 11 Nominal value shares
15: Shares may have nominal value
1: Notwithstanding section 38
2: The nominal value of shares or any class of shares in a company registered under this Act shall be specified in the constitution of the company.
3: The constitution of the company may, with the prior approval of the board, be amended by—
a: altering the nominal value of shares or any class of shares in the company; or
b: removing any provision that specifies the nominal value of shares or any class of shares in the company.
4: The constitution of a company registered under this Act may, by ordinary resolution of the shareholders of the company, be amended by subdividing or consolidating shares having a nominal value.
16: Consideration for issue of shares having nominal value
The consideration for the issue of shares or any class of shares in a company registered under this Act having a nominal value must be the nominal value of the shares or class of shares.
17: Issue of nominal value shares from reserves
1: Shares in a company registered under this Act having a nominal value may be issued and paid, fully or partly, from the reserves of the company if—
a: the shares are issued to each shareholder in the same class in proportion to the shares held by that shareholder in the class; or
b: the shares are issued to shareholders in the same class in proportions calculated by reference to transactions by those shareholders with the company.
2: For the purposes of subsection (1)(b), shares may be issued by reference to the number or value or volume of, or the profit derived by the company from, transactions by the shareholders with the company during a period determined by the board of the company.
18: Surrender of shares having nominal value
1: Subject to this section and to the constitution of the company, a company registered under this Act—
a: may, under section 20
b: may, under section 21
2: The shares that are surrendered may be paid for out of the assets of the company.
3: A company must not—
a: accept the surrender of any shares under section 20
b: require, the surrender of any shares under section 21 unless the board of the company has resolved that the company will, immediately after the surrender, satisfy the solvency test.
4: The directors who vote in favour of the surrender must sign a certificate stating that, in their opinion, the company will immediately after the surrender, satisfy the solvency test and the grounds for that opinion.
5: If, after the passing of the resolution and before the shares are surrendered, the board ceases to be satisfied on reasonable grounds that the company will, immediately after the surrender, satisfy the solvency test, any surrender of the shares is to be treated as a distribution that is deemed not to have been authorised and the provisions of subsections (3) and (5) of section 56
6: Every director who fails to comply with subsection (4) commits an offence and is liable on Section 18(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011
19: Application of Companies Act 1993 to surrender of shares
1: Section 52(4)
2: Section 56
3: Nothing in sections 58 to 67 68 to 75
20: Surrender of shares at option of shareholder
1: A shareholder of a company registered under this Act who has ceased to be a transacting shareholder may, by notice in writing, offer to surrender to the company all or any shares in the company having a nominal value and held by that shareholder and, in any such case, but subject to section 18
2: The personal representative of the estate of a deceased shareholder of a company registered under this Act may, if the personal representative has ceased to be a transacting shareholder, by notice in writing, require the company to accept the surrender of all or any shares in the company having a nominal value and comprised in the estate of the shareholder and, in any such case, but subject to section 18
3: Where a shareholder of a company registered under this Act—
a: has not been a transacting shareholder during the immediately preceding 5 years or such other period as may be determined by the board of the company or specified in the constitution of the company; or
b: has disposed of, or changed the use of, the shareholder's property and other assets with the result that the shareholder does not have the capacity to continue to be a transacting shareholder,— the shareholder may, by notice in writing, require the company to accept the surrender of all or any shares in the company having a nominal value and held by that shareholder and, in any such case, but subject to section 18
4: The surrender of shares under this section takes effect on the date on which the board of the company resolves to accept the surrender. 1956 No 18 s 7
21: Surrender of shares at option of company
1: Subject to section 18
a: the shareholder has ceased to be a transacting shareholder; or
b: the shareholder has failed to comply in a material respect with requirements relating to transactions with the company contained in any contract between the company and the shareholder; or
c: the constitution of the company permits the board to require the surrender of the shares on grounds specified in the constitution, and—
i: the surrender of the shares is on a ground specified in the constitution; and
ii: the board has resolved that the surrender of the shares is in the best interests of the company.
2: A resolution under subsection (1)(c)(ii) must set out in full the reasons for the board's conclusions.
3: The directors who vote in favour of a resolution required under subsection (1)(c)(ii) must sign a certificate stating that the surrender is in the best interests of the company and may combine it with the certificate required under section 18
4: Subject to section 18
5: Subject to section 18
6: The surrender of shares under this section takes effect at the expiration of a month after notice in writing requiring the surrender is given to the shareholder.
7: Every director who fails to comply with subsection (3) commits an offence and is liable on 1956 No 18 s 8 Section 21(7) amended 1 July 2013 section 413 Criminal Procedure Act 2011
22: Consideration for surrender of shares
1: The consideration for the surrender of shares having a nominal value in a company registered under this Act shall be determined in accordance with the following rules:
a: the consideration shall be the nominal value of the shares on the date on which the surrender takes effect or, if it is less than the nominal value of the shares, the amount paid up on the shares:
b: if the constitution of the company includes a procedure for determining the consideration for the surrender of the shares, then, if the consideration determined under the procedure is less than what the consideration would be if it were determined under paragraph (a), the consideration for the surrender of the shares shall be the consideration determined under the procedure:
c: despite paragraphs (a) and (b), the company and the shareholder may agree on the consideration to be paid for the surrender of the shares if the amount agreed is less than what the consideration would be if it were determined under paragraph (a).
2: If the constitution of a company registered under this Act includes a procedure for determining the consideration for the surrender of shares in the company, it must also make provision for the company or the shareholder, if either objects to the consideration determined in accordance with the procedure, to have the matter determined by arbitration in accordance with the Arbitration Act 1908
3: Notwithstanding anything in the constitution of the company, in determining the consideration for the surrender of shares in the company under any procedure contained in the constitution of the company, no account is to be taken of—
a: the fact that the shareholder is, or may become, a transacting shareholder of another co-operative company; or
b: any other factors or circumstances personal to the shareholder.
4: The consideration for the surrender of shares is an unsecured debt owed by the company to the shareholder and, unless the constitution otherwise provides, is payable on the date on which the surrender takes effect.
23: Cancellation of shares surrendered
1: Subject to sections 24 to 26 section 20 section 21
2: On the cancellation of a share under this section,—
a: the rights and privileges attached to that share expire; and
b: the share may be reissued as a share having a nominal value in accordance with this Act and the Companies Act 1993 or, in any other case, may be reissued in accordance with the Companies Act 1993 1993 No 105 s 66(1), (3)
24: Co-operative company may hold its own shares
1: For the purposes of this Act and the Income Tax Act 2007 section 20 section 21 section 23
a: the constitution of the company expressly permits the company to hold its own shares; and
b: the board of the company resolves that the shares concerned shall not be cancelled on surrender; and
c: the number of shares surrendered, when aggregated with shares held by the company pursuant to this section at the time of the surrender which are of the same class, does not exceed 20% of the number of shares of that class previously issued by the company, excluding shares previously deemed to be cancelled under section 23
d: any number of shares surrendered in excess of 25% of the 20% referred to in paragraph (c) are surrendered, or required to have been surrendered, by shareholders only on grounds related to—
i: the capacity of the shareholders to enter into transactions between the company and the shareholders; or
ii: the level of transactions between the company and the shareholders; or
iii: the terms of any contract relating to transactions between the company and the shareholders.
2: Shares surrendered by a company pursuant to section 20 section 21
3: A share that a company holds in itself under subsection (2) may be cancelled by the board of the company resolving that the share is cancelled; and the share shall be deemed to be cancelled on the making of such a resolution. 1993 No 105 s 67A 1994 No 82 s 3 Section 24(1) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
25: Rights and obligations of surrendered shares company holds in itself suspended
1: The rights and obligations attaching to a share that a company holds in itself pursuant to section 24
2: Without limiting subsection (1), while a company holds a share in itself pursuant to section 24
a: exercise any voting rights attaching to the share; or
b: make or receive any distribution authorised or payable in respect of the share. 1993 No 105 s 67B 1994 No 82 s 3
26: Reissue of surrendered shares company holds in itself
1: Section 16 section 42 section 44
2: Subject to subsection (1), the transfer of a share held by a company in itself shall not be subject to any provisions in this Act, the Companies Act 1993
3: A company must not grant an option to acquire a share it holds in itself or enter into any obligations to transfer such a share if—
a: the company has received notice in writing of a takeover offer made under the Takeovers Code Takeovers Act 1993
b: in the case of shares that are quoted on a stock exchange, the stock exchange makes a public release that a takeover offer for more than 20% of the quoted shares is to be made. 1993 No 105 s 67C 1994 No 82 s 3 Section 26(3) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
27: Acquisition and redemption of shares under Companies Act 1993 not affected
Nothing in sections 18 to 23 Companies Act 1993 Forfeiture of shares
28: Forfeiture of shares of untraceable shareholders
1: A company registered under this Act may, in accordance with this section, forfeit the shares of any shareholder of the company to whom this section applies.
2: This section applies to a shareholder who, for a period of not less than 2 years immediately preceding the first publication of a notice under subsection (4),—
a: has not resided at the address last known to the company; and
b: has not responded to any communication from the company; and
c: has no agent acting on his or her behalf; and
d: if cheques for money due from the company have been sent, or other money has become payable, to him or her, has not presented the cheques for collection or claimed payment of the money.
3: Before a company forfeits any shares under this section, the company must—
a: comply with subsection (4); and
b: take such other steps to locate the shareholder as are reasonable in the circumstances.
4: The company must publish in a metropolitan newspaper that has a national circulation and, where that newspaper does not also have a general circulation in the principal district in which the company carries on business, in a newspaper circulating in that district, a notice stating—
a: the name of the shareholder:
b: the number of shares held by him or her:
c: the amount paid up on the shares:
d: that it is the intention of the company to forfeit the shares held by the shareholder after the date specified in the notice, not being a date that is earlier than 3 months after the first publication of the notice, unless, before that date, the shareholder, or his or her personal representatives or agent, or any other person who establishes on reasonable grounds that that person is entitled to the shares, notifies the company that the shares should not be forfeited.
5: If no person gives notice to the company under subsection (4)(d) within the time specified in the notice under that subsection, the board of the company may, by resolution, forfeit the shares.
6: Any shares forfeited under this section shall be deemed to be cancelled on the date the resolution is passed.
7: If, within 4 years after shares have been forfeited under this section, a person establishes on reasonable grounds that he or she was the holder of the shares immediately before the forfeiture, the board must pay to that person the amount that that person would have been entitled to have been paid if the shares had been surrendered to the company under section 20
8: No interest is payable on any amount payable under subsection (7). 1949 No 22 s 16 Application of Companies Act 1993 Heading amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
29: Modified application of Companies Act 1993
The application of the Companies Act 1993
a: the reference in section 43(1) and section 47(5)
b: section 50
c: for the purposes of section 55(2)(b)
d: section 55
e: section 95
f: where the board of a company agrees, under section 111(2)(a) section 111(2)(b) section 22 sections 112 to 113
g: sections 140 141
i: the company and a director of the company in his or her capacity as a transacting shareholder or as a trustee for a transacting shareholder; or
ii: the company and a transacting shareholder of the company in that shareholder's capacity as such, being a shareholder of which a director of the company is a director, officer, or trustee:
h: section 149
i: section 175
j: the reference in section 209(1)
k: except in the case of a shareholder, other than a transacting shareholder, who gives notice in writing to the company that the shareholder wishes to be sent copies of the annual reports of the company under section 209
l: section 216(1)
“(b): copies of written communications to all shareholders or to all holders of a class of shares during the preceding 10 years in their capacity as shareholders, including annual reports, financial statements, and group financial statements:”:
m: in the case of a company that is registered under Part 3 section 110 section 40 Section 29(a) amended 15 April 2004 section 4 Co-operative Companies Amendment Act 2004 Section 29(f) amended 17 September 2008 section 12(2) Companies (Minority Buy-out Rights) Amendment Act 2008 Section 29(j) substituted 18 June 2007 section 17 Companies Amendment Act (No 2) 2006 Section 29(k) substituted 18 June 2007 section 17 Companies Amendment Act (No 2) 2006
29A: Modification of application of Securities Act 1978
Section 29A repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
30: Rebates to shareholders
1: Unless the constitution of the company expressly provides otherwise, a company registered under this Act may give rebates to its transacting shareholders in the form of—
a: payments; or
b: shares issued in accordance with section 31 calculated by reference to transactions by those shareholders with the company.
2: For the purposes of subsection (1), rebates may be calculated by reference to the number or value or volume of, or the profit derived by the company from, transactions by the shareholders with the company.
3: A rebate to which subsection (1) applies that is a distribution may be given by the company notwithstanding sections 36(1)(b) 53(2)(b)
31: Shares in lieu of rebates
The board of the company may issue shares in lieu of the payment of rebates to transacting shareholders who have agreed to accept the issue of the shares, wholly or partly, in lieu of the payment of a proposed rebate or proposed future rebates if—
a: the right to receive shares, wholly or partly, in lieu of the payment of the proposed rebate or proposed future rebates has been offered to all transacting shareholders of the same class on the same terms; and
b: the transacting shareholders to whom the right is offered are afforded a reasonable opportunity of accepting it; and
c: the shares issued to each transacting shareholder are issued on the same terms and subject to the same rights as the shares issued to all transacting shareholders in that class who agree to receive the shares.
32: Exemption from sections 209
to 209B
1: The Governor-General may from time to time, by Order in Council, and on such terms and conditions as may be specified in the order, exempt a company registered under this Act from compliance with the provisions of sections 209 to 209B Schedule 4
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 32 heading amended 18 June 2007 section 17 Companies Amendment Act (No 2) 2006 Section 32(1) amended 18 June 2007 section 17 Companies Amendment Act (No 2) 2006 Section 32(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
33: Voting rights of shareholders
Notwithstanding section 36
3: Special provisions applying to co-operative dairy companies
34: Interpretation
In this Part,— co-operative dairy company section 35 sharemilker supplying shareholder section 44 Section 34 substituted 18 December 1998 section 2 Co-operative Companies Amendment Act 1998
35: Registration of co-operative dairy companies
1: A co-operative company, the principal activities of which are, and are stated in its constitution as being, all or any of the following:
a: the manufacture of butter, cheese, dried milk, or casein, or any other product derived from milk or milksolids supplied to the company by its shareholders; or
b: the sale to any person of the milk or milksolids so supplied; or
c: the collection, treatment, and distribution for human consumption of milk or cream so supplied,— may apply to the Registrar for registration under this Part as a co-operative dairy company.
2: The provisions of section 6
36: Simultaneous registration under Companies Act 1993 and this Part
An application for registration of a company as a co-operative dairy company under this Part may be sent or delivered to the Registrar together with an application for registration of a company under section 12 section 7
37: Simultaneous registration of existing co-operative companies
Section 37 repealed 5 December 2013 section 14 Companies Amendment Act 2013
38: Registration of existing companies
Section 38 repealed 5 December 2013 section 14 Companies Amendment Act 2013
39: Suppliers to be shareholders
1: Subject to subsection (2), the constitution of a co-operative dairy company must provide that the supply of dairy produce by a person to the company is an irrevocable application by that person to become a shareholder in the company.
2: Notwithstanding subsection (1), the constitution of the company may authorise the board of the company, in its discretion and whether or not at the request of a supplier, to accept the supply of dairy produce from that person without requiring that person to become a supplying shareholder.
3: The Registrar must not register a co-operative company as a co-operative dairy company under this Part unless the constitution of the company complies with this section.
4: If, at any time, the constitution of a co-operative dairy company registered under this Part does not comply with this section, the Registrar may cancel the registration of the company under this Part.
5: Sections 11(2) and (3) 13 14
40: Compulsory issue of shares
1: Subject to section 41
2: The alteration is binding on—
a: the supplying shareholders to whom the alteration applies; and
b: every person who becomes a supplying shareholder after the alteration is made. 1949 No 22 s 8(1), (4) 1956 No 19 s 2
41: Limit on number of additional shares
Subject to section 42 1949 No 22 s 8(1) 1956 No 19 s 2(1)
42: Exception to section 41
Section 41
a: the alteration to the constitution requires each supplying shareholder to hold, in addition to the number of shares required to be held on the date the alteration is made, a number of shares that exceeds by more than 50% the smallest number of shares which each supplying shareholder would have been required to hold at any time during the 5 financial years immediately preceding the date of the alteration in respect of the supply of a quantity of dairy produce equal to that supplied by the shareholder to the company in the financial year immediately preceding the date of the alteration; and
b: the resolution altering the constitution is passed by a majority of not less than 90% of the shareholders entitled to vote and voting on the resolution. 1949 No 22 s 8(2), (3) 1956 No 19 s 2(2)
43: Supplying shareholder may surrender shares
1: A supplying shareholder who voted against a resolution referred to in section 42 section 18
2: The surrender of the shares takes effect on the date on which the board of the company resolves to accept the surrender.
3: Sections 22 to 26 1949 No 22 s 8(2) 1956 No 19 s 2(2)
44: Transfer of shares to sharemilkers
1: A supplying shareholder of a co-operative dairy company registered under this Part may transfer to a sharemilker any of the shares in the company, and any or all rights to vote, held by that shareholder.
2: Subsection (1) applies despite the fact that the constitution of the company may expressly provide otherwise.
3: Despite subsection (2), the constitution of the company may include a requirement that, or a power to require that, the shareholder must retain 1 share.
4: The transfer is subject to compliance with any terms and conditions in the company's constitution relating to the transfer of shares.
5: If shares have been transferred under this section,—
a: for the purpose of determining whether shareholding is in proportion to supply, the supplying shareholder and the sharemilker to whom shares have been transferred must be treated as if they were 1 person; and
b: a sharemilker to whom those shares are transferred is a supplying shareholder subject to any terms and conditions contained in the constitution of the company.
6: However, the terms and conditions referred to in subsections (4) or (5) do not apply if they would defeat the operation of subsection (1). Section 44 substituted 26 October 2001 section 160(2) Dairy Industry Restructuring Act 2001
45: Alteration of terms of contract contained in constitution
Where the constitution of a co-operative dairy company registered under this Part contains or sets out the terms and conditions of any contracts between the company and the shareholders of the company or the members of any group or class of shareholders, any alteration of those terms or conditions in the constitution is binding on those shareholders or the members of that group or class, as the case may be. 1949 No 22 s 8(1) 1956 No 19 s 2(1)
46: Application of Part 2 to co-operative dairy companies
1: Part 2
2: For the purposes of subsection (1), references in Part 2 transacting shareholder
4: Miscellaneous provisions
Appeals
47: Appeals from Registrar's decisions
1: A person who is aggrieved by an act or decision of the Registrar under this Act may appeal to the High Court within 15 working days after the date of the notification of the act or decision, or within such further time as the court may allow.
2: On hearing the appeal, the court may approve the Registrar's act or decision or may give such directions or make such determination in the matter as the court thinks fit. 1993 No 105 s 370 Regulations
48: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations—
a: prescribing forms for the purposes of this Act; and those regulations may require—
i: the inclusion in, or attachment to, forms of specified information or documents:
ii: forms to be signed by specified persons:
b: providing for such other matters as are contemplated by or necessary for giving 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 48(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Repeals
49: Repeals and revocations
1: The enactments specified in Schedule 1
2: The orders specified in Schedule 2
3: This section shall come into force on the close of 30 June 1997.
50: Savings
1: In this section, Co-operative Companies Act
a: the Co-operative Dairy Companies Act 1949
b: the Co-operative Companies Act 1956
c: the Co-operative Freezing Companies Act 1960
d: the Co-operative Forestry Companies Act 1978
2: Every Co-operative Companies Act shall, notwithstanding its repeal by section 49(1)
a: every co-operative company registered under that Act that has made an application for reregistration under the Companies Reregistration Act 1993
b: every co-operative company registered under that Act that, immediately after the commencement of this section, has not been reregistered or deemed to be reregistered under the Companies Reregistration Act 1993
3: Every Order in Council made under the Co-operative Companies Act 1956 shall, notwithstanding its revocation by section 49(2)
4: This section shall come into force on the close of 30 June 1997. Amendments to other Acts
51: Amendments to other Acts
The enactments specified in Schedule 3 |
DLM403276 | 1996 | Arbitration Act 1996 | 1: Short Title and commencement
1: This Act may be cited as the Arbitration Act 1996.
2: This Act shall come into force on 1 July 1997.
2: Interpretation
1: In this Act, unless the context otherwise requires,— arbitral tribunal
a: means a sole arbitrator, a panel of arbitrators, or an arbitral institution; and
b: includes any emergency arbitrator appointed under—
i: the arbitration agreement that the parties have entered into; or
ii: the arbitration rules of any institution or organisation that the parties have adopted arbitration arbitration agreement award confidential information
a: means information that relates to the arbitral proceedings or to an award made in those proceedings; and
b: includes—
i: the statement of claim, statement of defence, and all other pleadings, submissions, statements, or other information supplied to the arbitral tribunal by a party:
ii: any evidence (whether documentary or otherwise) supplied to the arbitral tribunal:
iii: any notes made by the arbitral tribunal of oral evidence or submissions given before the arbitral tribunal:
iv: any transcript of oral evidence or submissions given before the arbitral tribunal:
v: any rulings of the arbitral tribunal:
vi: any award of the arbitral tribunal disclose party
2: Section 2(1) arbitral tribunal replaced 1 March 2017 section 4 Arbitration Amendment Act 2016 Section 2(1) confidential information inserted 18 October 2007 section 4(1) Arbitration Amendment Act 2007 Section 2(1) disclose inserted 18 October 2007 section 4(1) Arbitration Amendment Act 2007 Section 2(2) repealed 18 October 2007 section 4(2) Arbitration Amendment Act 2007
3: Further provision relating to interpretation
The material to which an arbitral tribunal or a court may refer in interpreting this Act includes the documents relating to the Model Law referred to in section 5(b)
4: Act to bind the Crown
This Act binds the Crown.
5: Purposes of Act
The purposes of this Act are—
a: to encourage the use of arbitration as an agreed method of resolving commercial and other disputes; and
b: to promote international consistency of arbitral regimes based on the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on 21 June 1985; and
c: to promote consistency between the international and domestic arbitral regimes in New Zealand; and
d: to redefine and clarify the limits of judicial review of the arbitral process and of arbitral awards; and
e: to facilitate the recognition and enforcement of arbitration agreements and arbitral awards; and
f: to give effect to the obligations of the Government of New Zealand under the Protocol on Arbitration Clauses (1923), the Convention on the Execution of Foreign Arbitral Awards (1927), and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) (the English texts of which are set out in Schedule 3
6A: Minister of Justice to appoint body to resolve certain matters
1: The Minister of Justice must, by notice in the Gazette article 11(3) to (6)
2: The Minister of Justice may, by notice in the Gazette Section 6A inserted 1 March 2017 section 5 Arbitration Amendment Act 2016
6: Rules applying to arbitrations in New Zealand
1: If the place of arbitration is, or would be, in New Zealand,—
a: the provisions of Schedule 1
b: those provisions of Schedule 2 apply in respect of the arbitration.
2: A provision of Schedule 2
a: to an arbitration referred to in subsection (1) which—
i: is an international arbitration as defined in article 1(3)
ii: is covered by the provisions of the Protocol on Arbitration Clauses (1923); or the Convention on the Execution of Foreign Arbitral Awards (1927), or both,— only if the parties so agree; and
b: to every other arbitration referred to in subsection (1), unless the parties agree otherwise.
7: Arbitrations and awards outside New Zealand
If the place of arbitration is not in New Zealand, articles 8 9 35 36
8: Provisions applying where place of arbitration not agreed or determined
If it still has to be agreed or determined whether the place of arbitration will be in New Zealand, articles 8 9
9: Arbitration under other Acts
1: Where a provision of this Act is inconsistent with a provision of any other enactment, that other enactment shall, to the extent of the inconsistency, prevail.
2: Subject to subsection (1), where a provision of this Act applies to an arbitration under any other enactment, the provisions of that other enactment shall be read as if it were an arbitration agreement.
10: Arbitrability of disputes
1: Any dispute which the parties have agreed to submit to arbitration under an arbitration agreement may be determined by arbitration unless the arbitration agreement is contrary to public policy or, under any other law, such a dispute is not capable of determination by arbitration.
2: The fact that an enactment confers jurisdiction in respect of any matter on the High Court or the District Court Section 10(2) amended 1 March 2017 section 261 District Court Act 2016
10A: Arbitration of trust matters
1: If an arbitration relates to a trust matter, sections 142 to 148
2: In this section, trust matter section 142 Section 10A inserted 30 January 2021 section 164 Trusts Act 2019
11: Consumer arbitration agreements
1: Where—
a: a contract contains an arbitration agreement; and
b: a person enters into that contract as a consumer,— the arbitration agreement is enforceable against the consumer only if—
c: the consumer, by separate written agreement entered into by the consumer and the other party to the contract after a dispute has arisen out of, or in relation to, that contract, certifies that, having read and understood the arbitration agreement, the consumer agrees to be bound by it; and
d: the separate written agreement referred to in paragraph (c) discloses, if it is the case, the fact that all or any of the provisions of Schedule 2
2: For the purposes of this section, a person enters into a contract as a consumer if—
aa: that person is an individual; and
a: that person enters into the contract otherwise than in trade; and
b: the other party to the contract enters into that contract in trade.
3: Subsection (1) applies to every contract containing an arbitration agreement entered into in New Zealand notwithstanding a provision in the contract to the effect that the contract is governed by a law other than New Zealand law.
4: For the purposes of article 4
5: Unless a party who is a consumer has, under article 4 article 8(1) articles 16(1) 34(2)(a)(i) 36(1)(a)(i)
6: Nothing in this section applies to—
a: a lease; or
b: a contract of insurance to which section 8 Section 11(1)(c) substituted 18 October 2007 section 5(1) Arbitration Amendment Act 2007 Section 11(2)(aa) inserted 18 October 2007 section 5(2) Arbitration Amendment Act 2007 Section 11(6) substituted 18 October 2007 section 5(3) Arbitration Amendment Act 2007
12: Powers of arbitral tribunal in deciding disputes
1: An arbitration agreement, unless otherwise agreed by the parties, is deemed to provide that an arbitral tribunal—
a: may award any remedy or relief that could have been ordered by the High Court if the dispute had been the subject of civil proceedings in that court:
b: may award interest on the whole or any part of any sum which—
i: is awarded to any party, for the whole or any part of the period up to the day on which the sum awarded (including all interest) is paid in full
ii: is in issue in the arbitral proceedings but is paid before the date of the award, for the whole or any part of the period up to the date of payment.
2: Nothing in this section affects the application of section 10 article 34(2)(b) article 36(1)(b) Section 12(1)(b)(i) amended 1 January 2018 section 29 Interest on Money Claims Act 2016
13: Liability of arbitrators
An arbitrator is not liable for negligence in respect of anything done or omitted to be done in the capacity of arbitrator.
14: Application of sections 14A to 14I
Except as the parties may otherwise agree in writing (whether in the arbitration agreement or otherwise), sections 14A to 14I Section 14 substituted 18 October 2007 section 6 Arbitration Amendment Act 2007
14A: Arbitral proceedings must be private
An arbitral tribunal must conduct the arbitral proceedings in private. Section 14A inserted 18 October 2007 section 6 Arbitration Amendment Act 2007
14B: Arbitration agreements deemed to prohibit disclosure of confidential information
1: Every arbitration agreement to which this section applies is deemed to provide that the parties and the arbitral tribunal must not disclose confidential information.
2: Subsection (1) is subject to section 14C Section 14B inserted 18 October 2007 section 6 Arbitration Amendment Act 2007
14C: Limits on prohibition on disclosure of confidential information in section 14B
A party or an arbitral tribunal may disclose confidential information—
a: to a professional or other adviser of any of the parties; or
b: if both of the following matters apply:
i: the disclosure is necessary—
A: to ensure that a party has a full opportunity to present the party’s case, as required under article 18
B: for the establishment or protection of a party’s legal rights in relation to a third party; or
C: for the making and prosecution of an application to a court under this Act; and
ii: the disclosure is no more than what is reasonably required to serve any of the purposes referred to in subparagraph (i)(A) to (C); or
c: if the disclosure is in accordance with an order made, or a subpoena issued, by a court; or
d: if both of the following matters apply:
i: the disclosure is authorised or required by law (except this Act) or required by a competent regulatory body (including New Zealand Exchange Limited); and
ii: the party who, or the arbitral tribunal that, makes the disclosure provides to the other party and the arbitral tribunal or, as the case may be, the parties, written details of the disclosure (including an explanation of the reasons for the disclosure); or
e: if the disclosure is in accordance with an order made by—
i: an arbitral tribunal under section 14D
ii: the High Court under section 14E Section 14C inserted 18 October 2007 section 6 Arbitration Amendment Act 2007
14D: Arbitral tribunal may allow disclosure of confidential information in certain circumstances
1: This section applies if—
a: a question arises in any arbitral proceedings as to whether confidential information should be disclosed other than as authorised under section 14C(a) to (d)
b: at least 1 of the parties agrees to refer that question to the arbitral tribunal concerned.
2: The arbitral tribunal, after giving each of the parties an opportunity to be heard, may make or refuse to make an order allowing all or any of the parties to disclose confidential information. Section 14D inserted 18 October 2007 section 6 Arbitration Amendment Act 2007
14E: High Court may allow or prohibit disclosure of confidential information if arbitral proceedings have been terminated or party lodges appeal concerning confidentiality
1: The High Court may make an order allowing a party to disclose any confidential information—
a: on the application of that party, which application may be made only if the mandate of the arbitral tribunal has been terminated in accordance with article 32
b: on an appeal by that party, after an order under section 14D(2)
2: The High Court may make an order under subsection (1) only if—
a: it is satisfied, in the circumstances of the particular case, that the public interest in preserving the confidentiality of arbitral proceedings is outweighed by other considerations that render it desirable in the public interest for the confidential information to be disclosed; and
b: the disclosure is no more than what is reasonably required to serve the other considerations referred to in paragraph (a).
3: The High Court may make an order prohibiting a party ( party A party B section 14D(2)
4: The High Court may make an order under this section only if it has given each of the parties an opportunity to be heard.
5: The High Court may make an order under this section—
a: unconditionally; or
b: subject to any conditions it thinks fit.
6: To avoid doubt, the High Court may, in imposing any conditions under subsection (5)(b), include a condition that the order ceases to have effect at a specified stage of the appeal proceedings.
7: The decision of the High Court under this section is final. Section 14E inserted 18 October 2007 section 6 Arbitration Amendment Act 2007
14F: Court proceedings under Act must be conducted in public except in certain circumstances
1: A court must conduct proceedings under this Act in public unless the court makes an order that the whole or any part of the proceedings must be conducted in private.
2: A court may make an order under subsection (1)—
a: on the application of any party to the proceedings; and
b: only if the court is satisfied that the public interest in having the proceedings conducted in public is outweighed by the interests of any party to the proceedings in having the whole or any part of the proceedings conducted in private.
3: If an application is made for an order under subsection (1), the fact that the application had been made, and the contents of the application, must not be made public until the application is determined.
4: In this section and sections 14G to 14I court
a: means any court that has jurisdiction in regard to the matter in question; and
b: includes the High Court and the Court of Appeal; but
c: does not include an arbitral tribunal proceedings Section 14F inserted 18 October 2007 section 6 Arbitration Amendment Act 2007
14G: Applicant must state nature of, and reasons for seeking, order to conduct court proceedings in private
An applicant for an order under section 14F
a: whether the applicant is seeking an order for the whole or part of the proceedings to be conducted in private; and
b: the applicant’s reasons for seeking the order. Section 14G inserted 18 October 2007 section 6 Arbitration Amendment Act 2007
14H: Matters that court must consider in determining application for order to conduct court proceedings in private
In determining an application for an order under section 14F
a: the open justice principle; and
b: the privacy and confidentiality of arbitral proceedings; and
c: any other public interest considerations; and
d: the terms of any arbitration agreement between the parties to the proceedings; and
e: the reasons stated by the applicant under section 14G(b) Section 14H inserted 18 October 2007 section 6 Arbitration Amendment Act 2007
14I: Effect of order to conduct court proceedings in private
1: If an order is made under section 14F
a: no person may search, inspect, or copy any file or any documents on a file in any office of the court relating to the proceedings for which the order was made; and
b: the court must not include in the court’s decision on the proceedings any particulars that could identify the parties to those proceedings.
2: An order remains in force for the period specified in the order or until it is sooner revoked by the court on the further application of any party to the proceedings. Section 14I inserted 18 October 2007 section 6 Arbitration Amendment Act 2007
15: Certificates concerning parties to the Conventions
A certificate purporting to be signed by the Secretary of Foreign Affairs and Trade, or a Deputy Secretary of Foreign Affairs and Trade, that, at the time specified in the certificate, any country had signed and ratified or had denounced, or had taken any other treaty action under, the Protocol on Arbitration Clauses (1923) or the Convention on the Execution of Foreign Arbitral Awards (1927) in respect of the territory specified in the certificate is presumptive evidence of the facts stated.
16: Rules
Rules may be made for the purposes of this Act,—
a: in the case of the High Court, under section 148
b: in the case of the District Court, under section 228 Section 16(a) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 16(b) replaced 1 March 2017 section 261 District Court Act 2016
17: Amendments to other Acts
The Acts specified in Schedule 4
18: Repeals
The enactments specified in Schedule 5
19: Transitional provisions
1: Subject to subsections (2) and (3),—
a: this Act applies to every arbitration agreement, whether made before or after the commencement of this Act, and to every arbitration under such an agreement; and
b: a reference in an arbitration agreement to the Arbitration Act 1908
2: Where the arbitral proceedings were commenced before the commencement of this Act, the law governing the arbitration agreement and the arbitration shall be the law which would have applied if this Act had not been passed.
3: Where an arbitration agreement, which is made before the commencement of this Act, provides for the appointment of 2 arbitrators, and arbitral proceedings are commenced during the period beginning on the date of commencement of this Act and ending with the close of the day before the date of commencement of the Arbitration Amendment Act 2007
a: unless a contrary intention is expressed in the arbitration agreement, the 2 arbitrators shall, immediately after they are appointed, appoint an umpire; and
b: the law governing the arbitration agreement and the arbitration is the law that would have applied if this Act had not been passed.
3A: Subsection (3B) applies to an arbitration agreement that—
a: is made before the commencement of this Act; and
b: provides for the appointment of—
i: an arbitrator by each of the 2 parties; or
ii: 2 arbitrators by the parties and for those arbitrators to appoint an umpire; and
c: does not relate to arbitral proceedings that have been commenced during the period referred to in subsection (3).
3B: Every arbitration agreement to which this subsection applies must be read as if the arbitration agreement provides for the appointment, by the arbitrators appointed by the parties, of a third arbitrator under this Act, and the provisions of this Act, subject to any modifications that may be necessary, apply accordingly to that arbitration agreement.
4: For the purposes of this section, arbitral proceedings are to be taken as having commenced on the date of the receipt by the respondent of a request for the dispute to be referred to arbitration, or, where the parties have agreed that any other date is to be taken as the date of commencement of the arbitral proceedings, then on that date.
5: This Act applies to every arbitral award, whether made before or after the commencement of this Act. Section 19(3) amended 18 October 2007 section 7(1) Arbitration Amendment Act 2007 Section 19(3A) inserted 18 October 2007 section 7(2) Arbitration Amendment Act 2007 Section 19(3B) inserted 18 October 2007 section 7(2) Arbitration Amendment Act 2007
20: Act passed in substitution for Arbitration Act 1908
For the avoidance of doubt, it is hereby declared that, for the purposes of section 21 of the Acts Interpretation Act 1924, this Act is passed in substitution for the Arbitration Act 1908 |
DLM393219 | 1996 | Goods and Services Tax Amendment Act 1996 | 1: Short Title, application, and commencement
1: This Act may be cited as the Goods and Services Tax Amendment Act 1996, and shall be read together with and deemed part of the Goods and Services Tax Act 1985
2: Except as provided in subsections (3) (4)
3: Except as provided in subsection (4) 2(2) 3(1) (3) 5(1)(a) (b) (d) 6 7 8 17
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: Section 2(1) additional tax
2: This subsection inserted the definition of Challenge s 2(1)
3: This subsection inserted the definition of the term Late payment s 2(1)
4: Section 2(1) penal tax
5: This subsection inserted the definition of the term Shortfall penalty s 2(1)
6: This subsection substituted para (b) tax payable 2(1)
7: This subsection amended the definition of the term tax payable s 2(1)
8: Subsection (2)
3: Goods and services tax incurred relating to determination of liability to tax
1: This subsection amended s 20A(2) section 11(1) of the Goods and Services Tax Amendment Act 1988
2: This subsection inserted s 20A(3)(ca)
3: This subsection amended s 20A(3)(d)
4: Payment of tax
This section amended s 23(3)
5: Assessment of tax
1: This subsection amended s 27
2: This subsection amended s 27
3: This subsection amended s 27
4: This subsection amended s 27
5: This subsection amended s 27
6: This subsection amended s 27
7: These subsection amended s 27
8: Section 9(2) Goods and Services Tax Amendment Act 1990 Subsection (5)(1)(c) repealed 23 September 1997 Taxation (Remedial Provisions) Act 1997
6: Assessments deemed correct except in challenge proceedings
This section amended s 29
7: Application of
Parts 4A 8A Tax Administration Act 1994
1: This subsection substituted s 31
2: Section 8 of the Goods and Services Tax Amendment Act (No 2) 1987
8: Repeal of
Part 5
1: This subsection repealed Part 5
2: Notwithstanding subsection (1) Part 5
a: Issued by the Commissioner under the principal Act before the 1st day of October 1996; or
b: That is referred to in section 31(2) section 7
3: The Commissioner may, with the written agreement of a registered person, 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 April 1996, is to be treated as if it had been issued before that date (in which case the provisions of Part 5
4: For the purposes of a notice referred to in subsection (2) (3)(b) Tax Administration Act 1994 Part 5 Tax Administration Amendment Act (No 2) 1996
5: The following enactments are consequentially repealed:
a: Section 22 of the Goods and Services Tax Amendment Act 1986
b: Section 23 of the Goods and Services Tax Amendment Act 1986
c: Section 14 of the Goods and Services Tax Amendment Act 1988
d: Section 2(3) Goods and Services Tax Amendment Act (No 2) 1988
e: Section 4(6) Goods and Services Tax Amendment Act 1990
f: Section 10 Goods and Services Tax Amendment Act 1990
g: Section 8 of the Goods and Services Tax Amendment Act (No 2) 1990
h: Section 5(3) of the Goods and Services Tax Amendment Act 1991
i: Section 8(1) of the Goods and Services Tax Amendment Act 1992
j: Section 8(2) of the Goods and Services Tax Amendment Act 1992
k: Section 7 of the Goods and Services Tax Amendment Act (No 2) 1992
l: Section 8 of the Goods and Services Tax Amendment Act (No 2) 1992
m: Sections 4, 5, and 6 of the Goods and Services Tax Amendment Act (No 2) 1993
9: Additional tax to be payable if default made in payment of tax
1: Section 41
2: Notwithstanding subsection (1)
a: That section 41
b: Any provision giving rise to a liability on the part of a person under that section 41
c: Any provision that exists interdependently with, or has effect for the purposes of (including for the purposes of providing a right of relief or remission), a provision in that section 41 had not been repealed or varied by this Act or the Tax Administration Amendment Act (No 2) 1996
3: Section 3 Goods and Services Tax Amendment Act (No 2) 1991
10: Deductions where tax unpaid
This section amended s 43(2)
11: Application of certain provisions of
Income Tax Act 1976 Section 44
12: Refund of excess tax
This section amended s 45(1)
13: Commissioner's right to withhold payments
1: This subsection substituted s 46
2: Notwithstanding subsection (1)
a: That section 46
b: Any provision giving rise to a liability on the part of the Commissioner or a person under that section 46
c: Any provision that exists interdependently with, or has effect for the purposes of (including for the purposes of providing a right of relief or remission) a provision in that section 46 had not been varied or repealed by this Act or the Tax Administration Amendment Act (No 2) 1996
3: The following enactments are consequentially repealed:
a: Section 25(1) of the Goods and Services Tax Amendment Act 1986
b: Section 12 Goods and Services Tax Amendment Act 1990
c: Section 5(5) of the Goods and Services Tax Amendment Act 1991
14: Tax paid in excess may be credited towards tax payable when assessment re-opened
This section amended s 47
15: Power of Commissioner in respect of small amounts
Section 48
16: Relief from additional tax
Section 49
17: Appropriation of refunds
This section amended s 50
18: Application of
Part 9 Tax Administration Act 1994 This section inserted s 61B
19: Repeal of
Part 10
1: Part 10
2: Notwithstanding subsection (1) Part 10
a: That Part 10
b: Any provision giving rise to a liability on the part of a person under that Part 10
c: Any provision that exists interdependently with, or has effect for the purposes of (including for the purposes of providing a right of relief or remission), a provision in that Part 10 had not been repealed or varied by this Act or the Tax Administration Amendment Act (No 2) 1996
3: Section 32 of the Goods and Services Tax Amendment Act 1986 |
DLM377323 | 1996 | Forests Amendment Act 1996 | 1: Short Title and commencement
1: This Act may be cited as the Forests Amendment Act 1996, and shall be read together with and deemed part of the Forests Act 1949
2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council.
2: New sections inserted
The principal Act is hereby amended by inserting, after section 68
68A: Supply contracts
1: In this section, forest produce
2: Any person may enter into a contract (in this section referred to as a supply contract) with any other person, for the exclusive right to harvest, purchase, or sell or arrange for the harvesting, purchase, or sale of all or any part of the forest produce owned by that other person.
3: Where the owner or occupier of any land has entered into a supply contract, that contract may be registered against the title of that owner or occupier to the land to which the supply contract relates.
4: No such contract shall be so registered unless notice has been given to every mortgagee and other person having a charge on any estate or interest in the land at the date of registration.
5: Where no certificate of title to the land has been issued, the District Land Registrar shall constitute the contract a separate folium of the register.
6: No supply contract shall be constituted a separate folium of the register unless there is endorsed on the contract a certificate by a registered surveyor to the effect that the land to which the contract relates is within the boundaries of a parcel of land identified on a plan lodged in the office of the Chief Surveyor or District Land Registrar for the district in which the land is situated.
7: For the purpose of effecting registration, a duplicate of the supply contract shall be lodged with the appropriate District Land Registrar and there shall be endorsed on or attached to the duplicate an application signed by all parties to the contract which shall—
a: Specify the land against which it is desired to register the supply contract or the land in relation to which it is desired to constitute the contract a separate folium of the register, as the case may be; and
b: Certify that the supply contract is one that may be registered under this section, that all notices have been given, and that the duplicate is a true copy of the original.
8: The District Land Registrar shall—
a: Enter a memorial of the supply contract upon the register against the title of the owner or occupier whose land is specified in the supply contract and upon the outstanding duplicate of the instrument evidencing title (if any) of the owner or occupier; or
b: Constitute the supply contract a separate folium of the register,— as the case may be.
9: A memorial under subsection (8)(a) of this section Forests Act 1949
68B: Effect of registration of supply contract
Any supply contract registered pursuant to section 68A of this Act
a: As against all subsequent owners or occupiers of the land, burden the land against which it is registered and shall bind those persons and be enforceable against them as if they had been parties to the supply contract:
b: As against all other persons acquiring any estate or interest in the land, other than an estate or interest to which paragraph (a) of this section
68C: Registration of discharge of supply contract
1: Upon the expiration, termination, cancellation, or discharge as to the whole or any part of the land affected of a supply contract, a discharge in the prescribed form, executed by the parties to the contract, may be registered with the appropriate District Land Registrar, who shall enter an appropriate memorial upon the register against the title to the land or, if the contract constitutes a folium of the register, against the contract as so constituted.
2: Subject to subsection (3) of this section
3: The District Land Registrar shall not cancel the registration of a supply contract under subsection (2) of this section
a: No person to whom any such notice is given gives notice to the District Land Registrar within that period of the making of an application to the High Court for an order prohibiting the District Land Registrar from cancelling the registration of the supply contract; or
b: If any person to whom any such notice is given gives notice to the District Land Registrar within that period of the making of an application to the High Court for an order prohibiting the District Land Registrar from cancelling the registration of the supply contract, the application is withdrawn or dismissed by the Court.
4: Any person to whom a notice is given by the District Land Registrar under subsection (3) of this section
5: On the hearing of an application under subsection (4) of this section
a: Make an order prohibiting the District Land Registrar from cancelling the registration of the supply contract; or
b: Dismiss the application; or
c: Make such other order as the Court thinks fit.
6: Where the registration of a supply contract is cancelled as to the whole or part of the land affected, the supply contract shall have no effect in respect of the whole or part of the land burdened, as the case may be.
7: A supply contract registered pursuant to section 68A of this Act, while in force, shall continue to apply to any substituted or renewed estate or interest in the land.
3: Regulations
Section 72(1) paragraph (bc) section 5(1) Forests Amendment Act 1993
bd: Prescribing forms for the purposes of section 68A of this Act
4: Amendments to
Co-operative Forestry Companies Act 1978 The Co-operative Forestry Companies Act 1978 sections 17 and 18 Schedules 2 and 3 to, that Act |
DLM391996 | 1996 | Food Amendment Act 1996 | 1: Short Title and commencement
1: This Act may be cited as the Food Amendment Act 1996, and shall be read together with and deemed part of the Food Act 1981
2: Except as provided in subsection (3) section 8(2)
3: Section 31
2: Interpretation
This section inserted definitions of the terms Australia-New Zealand Joint Food Standards Agreement Food safety programme Food Standard
3: Meaning of
food safety programme This section inserted s 4A
4: General prohibitions on sales
This section substituted s 9
5: Misleading labelling and packaging
This section substituted s 10(2) s 10(3)
6: Restrictions on advertising
1: This subsection substituted s 11(1)
2: This subsection substituted s 11(3)
7: Contravention of Act, etc, knowing that will create risk to human health
This section inserted s 11AA
8: Repeal of section 11A (relating to raw milk)
1: Section 11A section 27(1) of the Milk Act 1988
2: This section shall come into force on a date to be appointed by the Governor-General by Order in Council. OIC Food Act 1981
9: New
Part 2A This section inserted Part 2A
10: Powers of officers
This section amended s 12(2)(g) (j)
11: Powers of local authority inspectors
This section amended s 13(1)(d)
12: Further provisions relating to seizure and detention of articles
This section amended s 14(3)(a)
13: Power to issue search warrant even though offence not imprisonable
This section inserted s 15A
14: Power of Medical Officer of Health to require information
This section amended s 17(1)
15: Evidence of analysis
This section amended s 23(4)
16: Special provisions relating to imported consignments
This section amended s 24(1)(f)
17: Jurisdiction of District Courts
1: This subsection amended s 27(1)
2: This subsection repealed s 27(4) (5)
18: Copy of analyst's certificate or report to be served with summons
1: This subsection inserted s 27A
2: This subsection amended s 23(2)(a)
3: This subsection amended s 33(1)
19: General penalty
This section amended s 28
20: Liability of principal for acts of agents, etc
This section substituted s 29(2)(a)
21: Strict liability
This section amended s 30
22: Further defences
This section amended s 31
23: Courts may order withdrawal of goods from circulation
This section amended s 23(1) (4) (5)
24: Records
This section amended s 41(1)
25: Regulations
This section amended s 42
26: Regulations for fees and charges
This section inserted s 42A
27: Consequential amendment to
Dairy Industry Act 1952 This section substituted section 15A Dairy Industry Act 1952
28: Amendment to
Summary Proceedings Act 1957 This section amended Part 2 Summary Proceedings Act 1957
29: Consequential amendments to
Wine Makers Act 1981
1: This subsection amended section 2 Wine Makers Act 1981
2: This subsection substituted section 15(1) Wine Makers Act 1981
3: This subsection substituted section 25(1) Wine Makers Act 1981
4: Section 2 of the Wine Makers Amendment Act 1982
30: Consequential amendments to
Sale of Liquor Act 1989
1: This subsection substituted section 37(3) Sale of Liquor Act 1989
2: The following enactments are hereby consequentially repealed:
a: Subsections (2) and (3) of section 2 of the Sale of Liquor (Off-Licence) Amendment Act 1992
b: Section 2 Sale of Liquor Amendment Act 1994
31: Power to issue food standards between passage and commencement of this Act
1: Subject to this section, the power conferred by section 11C section 9 Part 2A
2: The following provisions apply with respect to the issuing of food standards in reliance on this section:
a: The Minister shall not issue food standards in reliance on this section unless the Minister is satisfied that it is necessary to do so for the purpose of giving effect to the provisions of Annex D(3)(a) of the Australia-New Zealand Joint Food Standards Agreement:
b: No food standards may be issued in reliance on this section after the 1st day of July 1996:
c: No food standards issued in reliance on this section may be expressed to come into force before the 1st day of July 1996:
d: Nothing in section 11E(2) section 9
e: It shall not be necessary for the Minister to give notice to any person of the Minister's intention to issue food standards in reliance on this section:
f: Before issuing food standards in reliance on this section, the Minister shall undertake such consultation (if any) as the Minister considers appropriate and practicable in the circumstances with such persons, representative groups within the food industry or elsewhere, Government departments, Crown entities, and local authorities as the Minister considers appropriate, but no other consultation shall be required with respect to the issuing of food standards in reliance on this section:
g: Nothing in section 11G(3)
3: Except as provided by subsection (2) Part 2A
4: Nothing in this section limits section 12 of the Acts Interpretation Act 1924 |
DLM406382 | 1996 | Financial Reporting Amendment Act (No 2) 1996 | 1: Short Title and commencement
1: This Act may be cited as the Financial Reporting Amendment Act (No 2) 1996, and shall be read together with and deemed part of the Financial Reporting Act 1993
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: Interpretation
Section 2(1) paragraph (e) director
e: In relation to a unit trust (within the meaning of section 2 of the Unit Trusts Act 1960 .
3: Meaning of
issuer Section 4 subsection (1)
1: In this Act, issuer
a: Every person who has, whether before or after the commencement of this Act, allotted securities pursuant to—
i: An offer for which, or for which but for an exemption granted by the Securities Commission pursuant to section 5 of the Securities Act 1978
ii: An offer required to be contained in a prospectus required to be registered under the Companies Act 1955 whether or not the securities allotted are securities of the same type as the securities offered:
b: Every manager of a unit trust (within the meaning of section 2 of the Unit Trusts Act 1960 Securities Act 1978
c: Every person who is a party to a listing agreement with a stock exchange in New Zealand and who has issued securities which are quoted on such an exchange.
4: Certain persons not issuers
Section 6 paragraph (e)
5: Application to certain issuers
The principal Act is hereby amended by inserting, after section 9
9A:
1: For the purposes of this Act, a requirement on the directors of an issuer of securities in relation to a scheme within the meaning of section 2 of the Securities Act 1978 subsection (2) of this section
a: If the liabilities of the issuer and the scheme are not limited to a particular group of assets (in this section referred to as a separate fund
b: If the liabilities of the issuer or the scheme are limited to a separate fund, financial statements in respect of both the scheme and that fund.
2: For the purposes of this Act, a requirement on the trustees of a superannuation scheme that is registered under the Superannuation Schemes Act 1989
a: If the liabilities of the trustee and the scheme are not limited to a separate fund, financial statements in respect of the scheme; or
b: If the liabilities of the trustee or the scheme are limited to a separate fund, financial statements in respect of both the scheme and that fund.
3: Where the liability of an issuer that is a life insurance company to satisfy its obligations under any securities (as distinct from calculating the returns on the securities) is limited to a separate fund (whether the fund or the limitation is created by statute or by contract or otherwise), then, for the purposes of this Act, a requirement on the directors of the issuer to prepare and register financial statements shall be construed as including a requirement to prepare and register (in addition to financial statements in respect of the issuer itself), financial statements in respect of each such fund.
6: Financial statements of issuers and group financial statements of issuers to be audited
Section 15
3: This section shall not apply in respect of a superannuation scheme that is registered under the Superannuation Schemes Act 1989 section 13 of that Act
7: Registration of financial statements by issuers
Section 18 subsection (1)
1A: Any financial statements to which subsection (1) of this section Securities Act 1978 |
DLM373372 | 1996 | Reserves Amendment Act 1996 | 1: Short Title and commencement
1: This Act may be cited as the Reserves Amendment Act 1996, and shall be read together with and deemed part of the Reserves Act 1977
2: Sections 2 5 6 8 9 10 11 12 13 14 15 16 17 18 19 21
3: Except as provided in subsection (2)
2: Interpretation
1: This subsection inserted the term administering body
2: This subsection inserted the term Certified aerodrome
3: This subsection inserted the terms Concession concession document Concessionaire
4: This subsection inserted the terms Lease Licence
5: This subsection inserted the term Permit
3: Classification of reserves
This section inserted s 16(2C) to (2H)
4: Vesting of reserves
This section inserted s 26(3) (4)
5: Unauthorised use of reserve
1: This subsection repealed section 44(1) proviso para (f)
2: Section 3(6) of the Reserves Amendment Act 1981
6: New sections substituted
1: This subsection substituted sections 48 48A
2: The following enactments are hereby consequentially repealed:
a: Section 16 of the Reserves Amendment Act 1979
b: The Reserves Amendment Act 1980
c: Section 2 of the Reserves Amendment Act 1981
d: Section 5 of the Reserves Amendment Act 1983
7: Taking or killing of fauna
This section amended s 50(3)
8: Leasing powers in respect of recreation reserves (except farming, grazing, or afforestation leases)
1: This subsection amended section 54
2: Section 98 Conservation Law Reform Act 1990
9: Leasing powers in respect of scenic reserves
1: This subsection amended section 56
2: Section 99 Conservation Law Reform Act 1990
10: Leasing powers in respect of historic reserves
1: This subsection amended section 58A
2: Section 101 Conservation Law Reform Act 1990
11: Granting of concessions on reserves administered by Crown
1: This subsection substituted section 59A
2: The Reserves Amendment Act 1988
3: Nothing in subsection (2) section 2(2) of the Reserves Amendment Act 1988
4: Where any person lawfully occupied any reserve, other than a reserve vested in an administering body, 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 Conservation Act 1987 section 7 Conservation Amendment Act 1996
5: Where any concession is granted under subsection (4)
6: The provisions of section 17T(4) (5) Conservation Act 1987 subsection (4)
12: Leasing of recreation reserves for farming, grazing, afforestation, or other purposes
This section amended section 73
13: Licences to occupy reserve temporarily
This section amended section 74
14: Relief of lessees and licensees of reserves
This section amended section 92
15: Offences on reserves
This section amended section 94
16: Form of leases and licences of reserves
This section amended section 113
17: Variation of covenants, terms, and conditions in leases and licences
This section amended section 114
18: Transfers, subleases, and mortgages
This section amended section 114
19: Special provisions as to reserves administered under
Tourist and Health Resorts Control Act 1908 This section amended section 122
20: New Schedule 4 added
This section inserted Schedule 4
21: Transitional provisions relating to existing leases, etc
1: Every application made to the Minister, or to an administering body of a reserve controlled and managed by it, and made before the commencement of section 59A 11
a: Where the application has been publicly notified in accordance with section 119
b: Where the application has not been publicly notified in accordance with section 119 section 59A
c: Where the application is for a permit, or the application is for a lease or licence or an easement but does not require public notification under the principal Act, be dealt with under the said section 59A
2: Except as provided in section 17W Conservation Act 1987 59A |
DLM392903 | 1996 | Broadcasting Amendment Act 1996 | 1: Short Title and commencement
1: This Act may be cited as the Broadcasting Amendment Act 1996, and shall be read together with and deemed part of the Broadcasting Act 1989
2: This Act shall come into force on the day on which this Act receives the Royal assent.
2: Interpretation
This section inserted definitions of the terms Approved financial reporting standard Series Total operating revenue 2
3: Formal complaints about programmes
This section inserted s 6(1)(ba)
4: Right of complainant to refer formal complaint to Authority
1: This subsection repealed s 8(1)(b) s 81)(ba)
2: This subsection inserted s 8(1A)
5: Time limits
This section amended s 9(2)
6: Additional powers to make order in respect of series
This section inserted s 13A
7: Offences
This section substituted s 14
8: Power to award costs
This section inserted s 16(4)
9: Appeal against decision of Authority
This section amended s 18(1)(b)
10: Membership of Authority
1: This subsection substituted s 26(1) s 26 (1A) (1B)
2: This subsection repealed s 26(3)
3: Section 6 Broadcasting Amendment Act 1993
4: Notwithstanding subsections (1) to (3) clause 1
5: As vacancies occur in the membership of the Authority (not being vacancies in the office of Chairperson), the Minister shall, in making recommendations under section 26(1) section 26(1A) 26(1B)
11: Term of office of members of Authority
This section substituted s 27
12: Delegation of functions or powers by Authority
This section amended s 29(1)
13: New sections inserted
This section inserted ss 30A to 30G
14: Funds of Authority
This section inserted s 31(aa)
15: Administrative expenses
This section inserted s 49(5)
16: Administrative expenses
This section inserted s 53M(4)
17: Interpretation
This section substituted s 69
18: Prohibition on paid election programmes
This section amended s 70
19: New sections substituted
This section substituted ss 70A to 76B s 76C ss 77 to 80
20: Regulations
This section inserted s 82(aa)
21: Contracts of Commission
Section 21 repealed 25 January 2005 200 Crown Entities Act 2004
22: Amendment to
Public Finance Act 1989 This section amended Schedule 6 Public Finance Act 1989
23: Repeals
Sections 10 to 19 Broadcasting Amendment Act 1993
24: Transitional provisions
1: Any notice given by the Authority after the 1st day of March 1996 and before the date of the commencement of this Act, being a notice published in the Gazette section 70A
2: In respect of the period beginning with the commencement of this Act and ending with the close of the 30th day of November 1996, sections 71A(1) 72(2)(b) 72(3) section 19 20 working days 10 working days
3: In respect of the period beginning with the commencement of this Act and ending with the close of the 30th day of November 1996, section 75(1) section 19 paragraph (a)
a: In the case of a general election,—
i: That party was registered on the Register of Political Parties on the 5th working day after the date of commencement of the Broadcasting Amendment Act 1996; or
ii: Persons belonging to that party or group of related political parties were, on the 5th working day after the date of commencement of the Broadcasting Amendment Act 1996, deemed, by section 70D of this Act |
DLM374409 | 1996 | Dog Control Act 1996 | 1: Short Title and commencement
1: This Act may be cited as the Dog Control Act 1996.
2: Except as provided in sections 10(9) 37(9)
2: Interpretation
In this Act, unless the context otherwise requires,— disability assist dog Schedule 5 district dog control fee section 37 dog control officer section 11 section 17 dog ranger section 12 domestic animal
a: any animal (including a bird or reptile) kept as a domestic pet:
b: any working dog:
c: any other animal kept by any person for recreational purposes or for the purposes of that person's occupation or employment infringement offence section 65(1) Minister neutered dog owner
a: owns the dog; or
b: has the dog in his or her possession, whether the dog is at large or in confinement, otherwise than for a period not exceeding 72 hours for the purpose of preventing the dog causing injury, damage, or distress, or for the sole purpose of restoring a lost dog to its owner; or
c: the parent or guardian of a person under the age of 16 years who—
i: is the owner of the dog pursuant to paragraph (a) or paragraph (b); and
ii: is a member of the parent or guardian's household living with and dependent on the parent or guardian;— but does not include any person who has seized or taken custody of the dog under this Act or the Animal Welfare Act 1999 National Parks Act 1980 or the Te Urewera Act 2014 Conservation Act 1987 Animal Welfare Act 1999 poultry private way section 315(1) protected wildlife
a: any animal for the time being absolutely protected pursuant to section 3
b: any animal for the time being partially protected pursuant to section 5
c: any animal that is a marine mammal within the meaning of the Marine Mammals Protection Act 1978 public place
a: means a place that, at any material time, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and
b: includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward register section 34 registration year section 5(1) specified agency
a: means—
i: the Aviation Security Service established under section 72B(2)(ca)
ii: the Department of Conservation:
iii: the Department of Corrections:
iv: the Ministry of Agriculture and Forestry:
v: the Ministry of Defence:
vi: the Ministry of Fisheries:
vii: the New Zealand Customs Service:
viii: the New Zealand Defence Force:
ix: the New Zealand Police; and
b: includes the Director of Civil Defence Emergency Management stock
a: any live horse, cattle, sheep, swine, alpaca, llama, bison, donkey, hinny, mule, or water buffalo that is not in a wild state:
b: any deer, goat, tahr territorial authority Local Government Act 2002 section 7 clause 30(1)(b) veterinarian section 4 warranted officer Conservation Act 1987 working dog
a: any disability assist dog:
b: any dog—
i: kept by the Police or any constable, the New Zealand Customs Service Ministry of Agriculture and Forestry
ii: kept solely or principally for the purposes of herding or driving stock; or
iii: kept by the Department of Conservation or any officer or employee of that department solely or principally for the purposes of carrying out the functions, duties, and powers of that department; or
iv: kept solely or principally for the purposes of destroying pests or pest agents under any pest management plan Biosecurity Act 1993
iva: kept by the Department of Corrections or any officer or employee of that department solely or principally for the purposes of carrying out the functions, duties, and powers of that department; or
ivb: kept by the Aviation Security Service established under section 72B(2)(ca)
ivc: certified for use by the Director of Civil Defence Emergency Management for the purposes of carrying out the functions, duties, and powers conferred by the Civil Defence Emergency Management Act 2002
v: owned by a property guard as defined in section 9 section 17 section 9(1)(a) to (c)
vi: declared by resolution of the territorial authority to be a working dog for the purposes of this Act, or any dog of a class so declared by the authority, being a dog owned by any class of persons specified in the resolution and kept solely or principally for the purposes specified in the resolution. 1982 No 42 s 2 1990 No 27 s 42 Section 2 companion dog repealed 28 June 2006 Dog Control Amendment Act 2006 Section 2 disability assist dog replaced 21 March 2019 section 4 Local Government Regulatory Systems Amendment Act 2019 Section 2 district substituted 1 July 2003 section 262 Local Government Act 2002 Section 2 guide dog repealed 28 June 2006 Dog Control Amendment Act 2006 Section 2 hearing ear dog repealed 28 June 2006 Dog Control Amendment Act 2006 Section 2 Minister inserted 1 December 2003 section 3(1) Dog Control Amendment Act 2003 Section 2 owner amended 28 July 2014 section 138 Te Urewera Act 2014 Section 2 owner amended 1 January 2000 section 194 Animal Welfare Act 1999 Section 2 register inserted 28 June 2006 Dog Control Amendment Act 2006 Section 2 registration year substituted 1 July 2003 section 262 Local Government Act 2002 Section 2 specified agency inserted 1 December 2003 section 3(2) Dog Control Amendment Act 2003 Section 2 stock amended 12 December 2012 section 4 Dog Control Amendment Act 2012 Section 2 territorial authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 2 veterinarian inserted 28 June 2006 Dog Control Amendment Act 2006 Section 2 working dog substituted 28 June 2006 Dog Control Amendment Act 2006 Section 2 working dog amended 1 March 1998 section 5(1)(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997 Section 2 working dog amended 1 October 1996 section 294(1) Customs and Excise Act 1996 Section 2 working dog amended 18 September 2012 section 93 Biosecurity Law Reform Act 2012 Section 2 working dog inserted 1 December 2003 section 3(3) Dog Control Amendment Act 2003 Section 2 working dog inserted 1 December 2003 section 3(3) Dog Control Amendment Act 2003 Section 2 working dog inserted 1 December 2003 section 3(3) Dog Control Amendment Act 2003 Section 2 working dog substituted 1 April 2011 section 121(1) Private Security Personnel and Private Investigators Act 2010
3: Act to bind the Crown
Except as provided in sections 57(7) 63(2) 1982 No 42 s 3 Objects
4: Objects
The objects of this Act are—
a: to make better provision for the care and control of dogs—
i: by requiring the registration of dogs; and
ii: by making special provision in relation to dangerous dogs and menacing dogs
iii: by imposing on the owners of dogs, obligations designed to ensure that dogs do not cause a nuisance to any person and do not injure, endanger, or cause distress to any person; and
iv: by imposing on owners of dogs obligations designed to ensure that dogs do not injure, endanger, or cause distress to any stock, poultry, domestic animal, or protected wildlife; and
b: to make provision in relation to damage caused by dogs. Section 4(a)(ii) amended 1 December 2003 section 4 Dog Control Amendment Act 2003
5: Obligations of dog owners
1: The obligations imposed on dog owners by this Act require every owner of a dog—
a: to ensure that the dog is registered in accordance with this Act, and that all relevant territorial authorities are promptly notified of any change of address or ownership of the dog:
b: to ensure that the dog is kept under control at all times:
c: to ensure that the dog receives proper care and attention and is supplied with proper and sufficient food, water and shelter:
d: to ensure that the dog receives adequate exercise:
e: to take all reasonable steps to ensure that the dog does not cause a nuisance to any other person, whether by persistent and loud barking or howling or by any other means:
f: to take all reasonable steps to ensure that the dog does not injure, endanger, intimidate, or otherwise cause distress to any person:
g: to take all reasonable steps to ensure that the dog does not injure, endanger, or cause distress to any stock, poultry, domestic animal, or protected wildlife:
h: to take all reasonable steps to ensure that the dog does not damage or endanger any property belonging to any other person:
i: to comply with the requirements of this Act and of all regulations and bylaws made under this Act.
2: Nothing in this Act limits the obligations of any owner of a dog to comply with the requirements of any other Act or of any secondary legislation Section 5(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Functions, duties, and powers of territorial authorities
6: Functions, duties, and powers of territorial authorities
1: Every territorial authority shall perform any function or duty and may exercise any power imposed or conferred on it by this Act.
2: In addition to any power conferred on a territorial authority by this Act, any territorial authority may,—
a: either singly or jointly with any other territorial authority or any other organisation or group or body of persons (whether incorporated or not) undertake, promote, and encourage the development of such services and programmes as it considers desirable to promote responsible dog ownership and the welfare of dogs:
b: make grants to any organisation or group or body of persons (whether incorporated or not) whose objects include the care, custody, training, or welfare of dogs or the instruction or education of persons concerning such care, custody, training, or welfare:
c: engage in publicity for the purposes of this Act. 1982 No 42 s 5
7: Power to appoint joint committees
1: Subject to this section, any territorial authority may unite with 1 or more territorial authorities in appointing a joint committee under clause 30(1)(b)
2: No territorial authority may unite under clause 30(1)(b)
3: Except as otherwise provided in this Act, where any territorial authorities unite under clause 30(1)(b)
a: the joint committee appointed under that clause is, for the purposes of this Act, deemed to be a territorial authority and has all the functions, duties, and powers conferred on a territorial authority by this Act; and
b: the district of each of the territorial authorities that so unite are, for the purposes of this Act, deemed to be the district of that territorial authority; and
c: except as provided in this section, the territorial authorities that so unite may not perform any function or exercise any power under this Act.
4: Where any territorial authorities unite under clause 30(1)(b) sections 10 11 37 38 39
5: Every delegation under subsection (4) is revocable at will, and no such delegation prevents the exercise of any power by the joint committee. Section 7 substituted 1 July 2003 section 262 Local Government Act 2002
8: Performance of functions
Section 8 repealed 1 July 2003 section 262 Local Government Act 2002
9: Revenue
All money received and retained by a territorial authority under this Act shall be expended only for purposes authorised by or under this Act.
10: Duty of territorial authorities to adopt policy on dogs
1: Every territorial authority must adopt, in accordance with the special consultative procedure set out in section 83
2: For the purposes of subsection (1), the territorial authority must, under section 83(1)(e) its register
3: Every policy adopted under this section—
a: shall specify the nature and application of any bylaws made or to be made under section 20
b: shall identify any public places in which dogs are to be prohibited, either generally or at specified times, pursuant to a bylaw made under section 20(1)(a)
c: shall identify—
i: any particular public places; and
ii: any areas or parts of the district,— in which dogs (other than working dogs) in public places are to be required by a bylaw made under section 20(1)(b)
d: shall identify those areas or parts of the district in respect of which no public places or areas are to be identified under paragraph (b) or paragraph (c); and
e: shall identify any places within areas or parts of the district specified in paragraph (c)(ii) of this subsection that are to be designated by a bylaw under section 20(1)(d)
ea: must state whether dogs classified by the territorial authority as menacing dogs under section 33A 33C section 33E(1)(b)
i: if so, whether the requirement applies to all such dogs; and
ii: if not, the matters taken into account by it in requiring any particular dog to be neutered; and
eb: must state whether dogs classified by any other territorial authority as menacing dogs under section 33A 33C section 33EB(2)
i: if so, whether the requirement applies to all such dogs; and
ii: if not, the matters taken into account by it in requiring any particular dog to be neutered; and
f: shall include such other details of the policy as the territorial authority thinks fit including, but not limited to, details of the policy in relation to—
i: fees or proposed fees; and
ii: owner education programmes; and
iii: dog obedience courses; and
iv: the classification of owners; and
v: the disqualification of owners; and
vi: the issuing of infringement notices.
4: In adopting a policy under this section, the territorial authority must have regard to—
a: the need to minimise danger, distress, and nuisance to the community generally; and
b: the need to avoid the inherent danger in allowing dogs to have uncontrolled access to public places that are frequented by children, whether or not the children are accompanied by adults; and
c: the importance of enabling, to the extent that is practicable, the public (including families) to use streets and public amenities without fear of attack or intimidation by dogs; and
d: the exercise and recreational needs of dogs and their owners.
5: Every statement or publication of a policy adopted under this section—
a: shall identify any land within the district that is included in—
i: a controlled dog area or open dog area under section 26ZS
ii: a national park constituted under the National Parks Act 1980 or
iii: Te Urewera, as defined in section 7
b: may contain such other information and advice in relation to dogs as the territorial authority thinks fit.
6: The territorial authority must give effect to a policy adopted under this section—
a: by making the necessary bylaws under section 20
b: by repealing, before the 60th day after the adoption of the policy, any bylaws that are inconsistent with the policy.
7: No territorial authority shall make any bylaw that is inconsistent with the policy under this section that, at the time of the making of the bylaw, is in force in its district.
8: The territorial authority may, at any time, adopt, in accordance with the special consultative procedure, an amended policy under this section and this section shall apply, with the necessary modifications, to the adoption of that amended policy.
8A: The adoption of a policy or amended policy in accordance with this section satisfies the requirements of sections 86 155 156(1)
9: This section shall come into force on the day on which this Act receives the Royal assent.
10: Subsection (8) applies subject to section 10AA Section 10(1) substituted 1 July 2003 section 262 Local Government Act 2002 Section 10(2) substituted 1 July 2003 section 262 Local Government Act 2002 Section 10(2) amended 28 June 2006 Dog Control Amendment Act 2006 Section 10(3)(ea) inserted 28 June 2006 Dog Control Amendment Act 2006 Section 10(3)(eb) inserted 28 June 2006 Dog Control Amendment Act 2006 Section 10(4) substituted 1 December 2003 section 5(1) Dog Control Amendment Act 2003 Section 10(5)(a)(ii) amended 28 July 2014 section 138 Te Urewera Act 2014 Section 10(5)(a)(iii) inserted 28 July 2014 section 138 Te Urewera Act 2014 Section 10(6) substituted 1 December 2003 section 5(2) Dog Control Amendment Act 2003 Section 10(6)(a) amended 28 June 2006 Dog Control Amendment Act 2006 Section 10(8A) inserted 1 December 2003 section 5(3) Dog Control Amendment Act 2003 Section 10(10) added 28 June 2006 Dog Control Amendment Act 2006
10AA: Local authority must review policy if bylaw implementing policy requires review
1: This section applies if a bylaw to which section 10(6)(a) section 20(4) section 158 159
2: The territorial authority must review the bylaw by making the determinations required by section 155 section 10(4)
3: If, after the review, the territorial authority considers that the bylaw should be amended, revoked, or revoked and replaced, it must—
a: deal with the bylaw under section 156
b: if appropriate, amend its policy under section 10
4: If, after the review, the territorial authority considers that the bylaw should continue without amendment, it must use the special consultative procedure set out in section 83
5: For the purposes of subsection (4), the statement of proposal referred to in section 83(1)(a)
a: a draft of the bylaw to be continued; and
b: the reasons for the proposal, including the determinations made by the territorial authority under subsection (2). Section 10AA inserted 28 June 2006 Dog Control Amendment Act 2006
10A: Territorial authority must report on dog control policy and practices
1: A territorial authority must, in respect of each financial year, report on the administration of—
a: its dog control policy adopted under section 10
b: its dog control practices.
2: The report must include, in respect of each financial year, information relating to—
a: the number of registered dogs in the territorial authority district:
b: the number of probationary owners and disqualified owners in the territorial authority district:
c: the number of dogs in the territorial authority district classified as dangerous under section 31
d: the number of dogs in the territorial authority district classified as menacing under section 33A section 33C
e: the number of infringement notices issued by the territorial authority:
f: the number of dog related complaints received by the territorial authority in the previous year and the nature of those complaints:
g: the number of prosecutions taken by the territorial authority under this Act.
3: The territorial authority must—
a: give public notice, as defined in section 5(1)
b: make the report publicly available, as described in section 5(3)
4: Section 10A inserted 1 December 2003 section 6 Dog Control Amendment Act 2003 Section 10A(3) replaced 21 March 2019 section 5 Local Government Regulatory Systems Amendment Act 2019 Section 10A(4) repealed 21 March 2019 section 5 Local Government Regulatory Systems Amendment Act 2019 Dog control officers and dog rangers
11: Dog control officers
1: Every territorial authority shall appoint 1 or more dog control officers or enter into an agreement under section 16(2)
2: No person shall be appointed as a dog control officer unless the territorial authority or the person making the appointment on behalf of the territorial authority is satisfied, having regard to the education and experience of the person to be appointed, that that person is competent to perform the duties and exercise the powers of a dog control officer under this Act. 1982 No 42 s 9 1992 No 9 s 3(4)
12: Dog rangers
1: Any territorial authority may appoint 1 or more dog rangers.
2: Any person may be appointed as a dog ranger in an honorary capacity. 1982 No 42 s 13
13: Dog control officer and dog ranger to produce warrant of authority and evidence of identity
1: Every dog control officer and dog ranger shall be supplied by his or her employer with a warrant of appointment as a dog control officer or dog ranger, as the case may be, and that warrant shall clearly show the district or districts in respect of which the dog control officer or dog ranger may exercise his or her powers.
2: Every dog control officer or dog ranger who exercises or purports to exercise any power conferred by this Act shall carry, and shall produce if required to do so, his or her warrant of appointment and evidence of his or her identity. 1982 No 42 s 14(1), (3)
14: Power of entry
1: Where any dog control officer has good cause to suspect that an offence against this Act or against any bylaw made under this Act is being committed on any land or premises, the dog control officer, and all persons he or she calls to his or her assistance, may enter at any reasonable time onto the land or premises—
a: to inspect any dog for the time being appearing to be kept on that land or premises or to inspect the conditions in which any such dog is kept; and
b: if authorised under any other provision of this Act, to seize or take custody of any dog on the land or premises.
2: Where any dog control officer has good cause to suspect that an offence against this Act or against any bylaw made under this Act has, at any time in the preceding 6 months, been committed in respect of any dog for the time being appearing to be kept on any land or premises, the dog control officer, and all persons he or she calls to his or her assistance, may enter at any reasonable time onto the land or premises—
a: to inspect any dog on the land or premises; and
b: if authorised under any other provision of this Act, to seize or take custody of any dog on the land or premises.
3: Nothing in this section shall authorise any dog control officer to enter any dwellinghouse unless—
a: the entry is authorised by a warrant given by an issuing officer (within the meaning of section 3 subpart 3
b: he or she is accompanied by a constable.
4: This section is subject to any express provision to the contrary in this Act.
5: The provisions of Part 4 subparts 3 5 6
6: Despite subsection (5), sections 118 119 Section 14(3)(a) substituted 28 June 2006 Dog Control Amendment Act 2006 Section 14(3)(a) amended 1 October 2012 section 232(1) Search and Surveillance Act 2012 Section 14(4) added 28 June 2006 Dog Control Amendment Act 2006 Section 14(5) inserted 1 October 2012 section 232(2) Search and Surveillance Act 2012 Section 14(6) inserted 1 October 2012 section 232(2) Search and Surveillance Act 2012
15: Power of dog control officer or dog ranger to feed and shelter dogs
1: A dog control officer or dog ranger who has reasonable grounds to suspect that a dog is without access to proper and sufficient food, water, or shelter may enter on any land or premises where the dog is present and do 1 or more of the following things:
a: supply the dog with food, water, or shelter:
b: enter onto the land or premises from time to time to continue to supply the dog with food, water, or shelter:
c: seize the dog and remove it from the land or premises.
2: A dog may be seized and removed under subsection (1)(c) only if the dog control officer or dog ranger—
a: is satisfied that the dog is without access to proper and sufficient food, water, or shelter; and
b: has reasonable cause to suspect that (but for the food, water, or shelter supplied by the dog control officer or dog ranger) the dog will not be given access to proper and sufficient food, water, or shelter within the next 24 hours.
3: If a dog is seized under subsection (1)(c), the dog control officer or dog ranger—
a: must give written notice in the prescribed form to the owner of the dog or, if the owner is not present, to the person for the time being appearing to be in charge of the land or premises
b: may retain custody of the dog until—
i: the dog control officer or dog ranger is satisfied that the dog will be given access to sufficient food, water, and shelter from its owner; or
ii: the dog is disposed of under section 71A
4: For the purposes of subsection (3), if no person is present on the land or premises land or premises
5: All reasonable costs incurred in the seizure, custody, sustenance, and transport of a dog under this section may be recovered as a debt from the owner of the dog.
6: Section 15 substituted 1 December 2003 section 7 Dog Control Amendment Act 2003 Section 15(3)(a) amended 7 July 2004 section 3(1) Dog Control Amendment Act 2004 Section 15(3)(b) substituted 28 June 2006 Dog Control Amendment Act 2006 Section 15(4) amended 7 July 2004 section 3(2) Dog Control Amendment Act 2004 Section 15(6) repealed 28 June 2006 Dog Control Amendment Act 2006
16: Districts in which dog control officer or dog ranger may exercise powers
1: Except as provided in subsection (2), a dog control officer or dog ranger may exercise the powers conferred upon him or her by this Act only within the district of the territorial authority by which he or she is appointed.
2: Any 2 or more territorial authorities may enter into a written agreement whereby the services of the dog control officer or officers or dog ranger or rangers employed by any of those authorities are made available to any other of those authorities; and in any such case the dog control officer or officers or dog ranger or rangers shall be entitled to exercise his or her or their powers in the districts of each such authority as if he or she or they were employed by that authority. 1982 No 42 s 17
17: Powers of warranted officers
1: Subject to this section, every warranted officer shall have, in relation to protected wildlife, the powers and functions conferred on dog control officers by sections 57 59
2: Where under this Act any dog is seized by or given into the custody of a warranted officer, the warranted officer shall as soon as practicable return the dog to its owner or deliver the dog into the custody of a dog control officer or dog ranger, and until that time shall ensure that the dog is kept in custody and given proper care and exercise.
3: All reasonable costs incurred in the seizure, custody, sustenance, and transport of any dog pursuant to this section may be recovered as a debt from the owner of the dog.
18: Wilful obstruction of dog control officer or dog ranger
Every person commits an offence and is liable on $3,000 1982 No 42 s 18(b) Section 18 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 18 amended 1 December 2003 section 8 Dog Control Amendment Act 2003
19: Power of constable, dog control officer, or dog ranger to request information
about owner
1: A constable, dog control officer, or dog ranger may, for the purposes of this Act, request the following persons to state his or her full name, date of birth, address, telephone contact number, and place of work (if applicable):
a: any person appearing to be in charge of a dog; or
b: any person appearing to be the occupier of any land or premises on which a dog for the time being is being kept.
1A: If a person referred to in subsection (1)(a) or (b) claims not to be the owner of the dog, the person must state the name, address, and place of work of the owner of the dog (if known).
2: Every person commits an offence and is liable on
3: Any constable, dog control officer, or dog ranger who—
a: has reasonable grounds to believe that an offence against subsection (2) has been committed by any person; and
b: has warned that person of the provisions of this subsection; and
c: has reasonable grounds to believe that a further offence against subsection (2) has been committed by that person subsequent to the warning; and
d: has reasonable grounds for believing that an offence against any other section of this Act, or against any bylaw authorised by this Act, has been committed by the owner of the dog referred to in subsection (1),— may seize and impound the dog and, in the case of a constable, may arrest that person without a warrant. 1982 No 42 s 18(a) Section 19 heading amended 1 December 2003 section 9(1) Dog Control Amendment Act 2003 Section 19(1) substituted 1 December 2003 section 9(2) Dog Control Amendment Act 2003 Section 19(1A) inserted 1 December 2003 section 9(2) Dog Control Amendment Act 2003 Section 19(2) substituted 1 December 2003 section 9(2) Dog Control Amendment Act 2003 Section 19(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
19A: Power of constable, dog control officer, or dog ranger to request information about dog
1: A constable, dog control officer, or dog ranger may, for the purposes of this Act, request the owner of a dog to state the name, gender, and a description of the dog.
2: Every person commits an offence and is liable on Section 19A inserted 1 December 2003 section 10 Dog Control Amendment Act 2003 Section 19A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Bylaws
20: Dog control bylaws
1: Any territorial authority may, in accordance with the Local Government Act 2002
a: prohibiting dogs, whether under control or not, from specified public places:
b: requiring dogs, other than working dogs, to be controlled on a leash in specified public places, or in public places in specified areas or parts of the district:
c: regulating and controlling dogs in any other public place:
d: designating specified areas as dog exercise areas:
e: prescribing minimum standards for the accommodation of dogs:
f: limiting the number of dogs that may be kept on any land or premises:
g: requiring dogs in its district to be tied up or otherwise confined during a specified period commencing not earlier than half an hour after sunset, and ending not later than half an hour before sunrise:
h: requiring the owner of any dog that defecates in a public place or on land or premises other than that occupied by the owner to immediately remove the faeces:
i: requiring any bitch to be confined but adequately exercised while in season:
j: providing for the impounding of dogs, whether or not they are wearing a collar having the proper label or disc attached, that are found at large in breach of any bylaw made by the territorial authority under this or any other Act:
k: requiring the owner of any dog (being a dog that, on a number of occasions, has not been kept under control) to cause that dog to be neutered (whether or not the owner of the dog has been convicted of an offence against section 53
l: any other purpose that from time to time is, in the opinion of the territorial authority, necessary or desirable to further the control of dogs.
2: Nothing in this section shall authorise the making of any bylaw conferring any power of entry onto any land or premises without the consent of the occupier.
3: No bylaw authorised by any of the provisions of paragraphs (a) to (d) of subsection (1) shall have effect in respect of any land for the time being included in—
a: a controlled dog area or open dog area under section 26ZS
b: a national park constituted under the National Parks Act 1980 ; or
c: Te Urewera, as defined by section 7
4: Bylaws authorised by this section shall be made in accordance with the Local Government Act 2002
5: A person who commits a breach of any bylaw authorised by this section commits an offence and is liable on section 242(4)
5A: An injunction preventing a person from committing a breach of any bylaw authorised by this section may be granted in accordance with section 162
6: Notwithstanding section 7 1982 No 42 s 63 Section 20(1) amended 1 July 2003 section 262 Local Government Act 2002 Section 20(3)(b) amended 28 July 2014 section 138 Te Urewera Act 2014 Section 20(3)(c) inserted 28 July 2014 section 138 Te Urewera Act 2014 Section 20(4) amended 1 July 2003 section 262 Local Government Act 2002 Section 20(5) substituted 1 July 2003 section 262 Local Government Act 2002 Section 20(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 20(5A) inserted 1 July 2003 section 262 Local Government Act 2002 Probationary owners
21: Classification of probationary owners
1: Where any person is convicted of any offence (not being an infringement offence) against this Act or any offence against Part 1 Part 2 section 26ZZP section 56I or section 85
2: Where any person commits 3 or more infringement offences (not relating to a single incident or occasion)
3: For the purposes of subsection (2), a person shall be deemed to have committed an infringement offence if—
a: that person has been ordered to pay a fine and costs under section 375 section 21(5)
b: the infringement fee specified on an infringement notice in respect of that offence and issued to that person under section 66
4: Where any person is classified as a probationary owner under subsection (1), the territorial authority shall as soon as practicable give written notice in the prescribed form to that person of that decision.
5: This section applies only if section 25(1A) Section 21(1) amended 28 July 2014 section 138 Te Urewera Act 2014 Section 21(1) amended 1 January 2000 section 194 Animal Welfare Act 1999 Section 21(2) amended 1 December 2003 section 11 Dog Control Amendment Act 2003 Section 21(3)(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 21(5) added 7 July 2004 section 4 Dog Control Amendment Act 2004
22: Objection to classification as probationary owner
1: Every person classified as a probationary owner under section 21
a: may object to the classification by lodging, with the territorial authority, a written objection to the classification; and
b: shall be entitled to be heard in support of the objection.
2: An objection under this section may be lodged at any time during the period of the classification, but no objection shall be lodged within 12 months of the hearing of any previous objection to the classification.
3: In considering any objection under this section, the territorial authority shall have regard to—
a: the circumstances and nature of the offence or offences in respect of which the classification was made; and
b: the competency of the person objecting in terms of responsible dog ownership; and
c: any steps taken by the owner to prevent further offences including, but not limited to, the disposal of any dog or dogs or the fencing of the property on which the dog is kept; and
d: the matters advanced in support of the objection; and
e: any other relevant matters.
4: In determining any objection, the territorial authority may uphold or terminate the classification of any person as a probationary owner, and shall give written notice of its decision and the reasons for it to the objector.
23: Probationary owners
1: Classification as a probationary owner shall, unless earlier terminated by the territorial authority, continue until 24 months after the date of the offence or, as the case may be, the date of the third infringement offence, in respect of which the classification was made.
2: No person who is for the time being classified as a probationary owner shall be capable of being the registered owner of any dog unless that person was the registered owner of that dog on the date of the offence or, as the case may be, the date of the third infringement offence, in respect of which the classification was made.
3:
4:
5:
6:
7: Section 23(3) repealed 1 December 2003 section 12 Dog Control Amendment Act 2003 Section 23(4) repealed 1 December 2003 section 12 Dog Control Amendment Act 2003 Section 23(5) repealed 1 December 2003 section 12 Dog Control Amendment Act 2003 Section 23(6) repealed 1 December 2003 section 12 Dog Control Amendment Act 2003 Section 23(7) repealed 1 December 2003 section 12 Dog Control Amendment Act 2003
23A: Territorial authority may require probationary owner to undertake training
1: If a person is classified as a probationary owner under section 21
2: Every person commits an offence and is liable on Section 23A inserted 1 December 2003 section 13 Dog Control Amendment Act 2003 Section 23A(1) amended 7 July 2004 section 5(1) Dog Control Amendment Act 2004 Section 23A(2) added 7 July 2004 section 5(2) Dog Control Amendment Act 2004 Section 23A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
24: Obligation of probationary owners to dispose of unregistered dogs
1: Where any person is classified as a probationary owner, that person shall, within 14 days after the date on which the notice of classification is, under section 21(4)
2: Every dog disposed of under this Act shall be disposed of in a manner that does not constitute an offence against this or any other Act.
3: Where any person lodges, within 14 days after the date on which the notice under section 21(4) section 22
4: Where any person is given a notice under section 21(4) section 42(1)
a: it shall not be an offence against section 42(1)
b: nothing in section 42(2)
5: Every person commits an offence and is liable on
a: fails to comply with subsection (1); or
b: fails, in disposing of a dog under subsection (1), to comply with subsection (2); or
c: at any time while classified as a probationary owner becomes the registered owner of a dog (unless the person was the registered owner of the dog on the date of the offence or the date of the third infringement offence in respect of which the classification was made under section 21
d: disposes or gives custody or possession of any dog to any person, knowing that the person is disqualified under section 25 Section 24(5) added 7 July 2004 section 6 Dog Control Amendment Act 2004 Section 24(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Disqualification of owners
25: Disqualification of owners
1: A territorial authority must
a: the person commits 3 or more infringement offences (not relating to a single incident or occasion) within a continuous period of 24 months; or
b: the person is convicted of an offence (not being an infringement offence) against this Act; or
c: the person is convicted of an offence against Part 1 Part 2 section 26ZZP section 56I
1A: Subsection (1) does not apply if the territorial authority is satisfied that the circumstances of the offence or offences are such that—
a: disqualification is not warranted; or
b: the territorial authority will instead classify the person as a probationary owner under section 21
2: For the purposes of subsection (1)(a), a person must be treated as having committed an infringement offence if—
a: that person has been ordered to pay a fine and costs under section 375 section 21(5)
b: the infringement fee specified on the infringement notice in respect of the offence issued to the person under section 66
3: A disqualification under subsection (1) continues in force for a period specified by the territorial authority not exceeding 5 years from the date of the third infringement offence or offences (as the case may be) in respect of which the person is disqualified.
4: If a person is disqualified under subsection (1), the territorial authority must, as soon as practicable, give written notice in the prescribed form to the person of that decision. Section 25 substituted 1 December 2003 section 14 Dog Control Amendment Act 2003 Section 25(1) amended 7 July 2004 section 7(1) Dog Control Amendment Act 2004 Section 25(1A) inserted 7 July 2004 section 7(2) Dog Control Amendment Act 2004 Section 25(2)(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
26: Objection to disqualification
1: Every person disqualified under section 25
a: may object to the disqualification by lodging with the territorial authority a written objection to the disqualification; and
b: shall be entitled to be heard in support of the objection.
2: An objection under this section may be lodged at any time but no objection shall be lodged within 12 months of the hearing of any previous objection to the disqualification.
3: In considering any objection under this section, the territorial authority shall have regard to—
a: the circumstances and nature of the offence or offences in respect of which the person was disqualified; and
b: the competency of the person objecting in terms of responsible dog ownership; and
c: any steps taken by the owner to prevent further offences; and
d: the matters advanced in support of the objection; and
e: any other relevant matters.
4: In determining any objection, the territorial authority may uphold, bring forward the date of termination, or immediately terminate the disqualification of any person and shall give written notice of its decision, the reasons for it, and the right of appeal under section 27
27: Appeal to District Court
1: Any person who has lodged an objection under section 26 the District Court
2: The District Court, in hearing the appeal, shall consider the matters specified in section 26(3) Section 27(1) amended 1 March 2017 section 261 District Court Act 2016
28: Effect of disqualification
1: Subject to this section, if a person is disqualified from owning a dog under section 25
a: within 14 days of the date on which notice of the decision is given to the person, dispose of every dog owned by the person; and
b: not subsequently be in possession of a dog at any time, except for the purpose of—
i: preventing a dog from causing injury, damage, or distress; or
ii: returning, within 72 hours, a lost dog to the territorial authority for the purpose of restoring the dog to its owner.
2: Every dog disposed of under subsection (1)(a)
a: shall be disposed of in a manner that does not constitute an offence against this or any other Act; and
b: shall not be disposed of to any person who resides at the same address as the person disqualified.
3: Where any person has, within 14 days after the date on which the notice of disqualification under section 25(4) section 26 section 25(4)
4: Where any person has, within 14 days after the date on which the notice under section 26(4) section 27 section 25(4) the District Court
5: Every person commits an offence and is liable on $3,000
a: fails to comply with subsection (1); or
b: fails, in disposing of a dog under subsection (1), to comply with subsection (2); or
c: at any time while disqualified under section 25
d: disposes or gives custody or possession of any dog to any person, knowing that person to be disqualified under section 25
6: Where any person is convicted of an offence against paragraph (a) or paragraph (c) of subsection (5), the territorial authority may extend the period of disqualification of that person until a date not later than 5 years after the date on which the offence occurred.
7: Where any person fails to comply with subsection (1), any dog control officer may seize any dog owned by that person and, for that purpose, may, at any reasonable time, with all persons he or she calls to his or her assistance, enter onto the land or premises, including any dwellinghouse, of the owner of the dog. Section 28(1) substituted 1 December 2003 section 15(1) Dog Control Amendment Act 2003 Section 28(2) amended 1 December 2003 section 15(2) Dog Control Amendment Act 2003 Section 28(3) amended 1 December 2003 section 15(3) Dog Control Amendment Act 2003 Section 28(4) amended 1 March 2017 section 261 District Court Act 2016 Section 28(4) amended 1 December 2003 section 15(4) Dog Control Amendment Act 2003 Section 28(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 28(5) amended 1 December 2003 section 15(5) Dog Control Amendment Act 2003
29: Probationary classification and disqualification to extend over New Zealand
Every classification as a probationary owner and every disqualification under this Act shall be in force throughout New Zealand.
30: Maintenance of records and provision of information
1: For the purposes of this section and of sections 21 29
a: maintain a record of every order made under section 375 section 21(5)
i: a charging document was filed in the name of section 65(2)(a)
ii: an infringement notice was issued by the territorial authority; and
b: maintain a record of every infringement notice issued by the territorial authority under this Act in respect of an offence committed within the previous 30 months (whether or not the infringement fee has been paid)
c: maintain a full record of,—
i: every decision of that territorial authority to classify a person as a probationary owner under subsection (1) or subsection (2) of section 21
ii: every decision of that territorial authority to uphold such classification under section 22(4) for so long as that classification remains in force; and
d: maintain a full record of,—
i: every decision of that territorial authority to disqualify any person under section 25(1)
ii: every decision of that territorial authority to uphold disqualification under section 26(4)
iii: every decision of that territorial authority to extend, under section 28(6) for so long as that disqualification remains in force.
2: Subject to subsection (6), every
a: shall, where any officer of any other territorial authority so requests for the purposes of this Act, inform that officer whether any person named in that request,—
i: is shown, by any record kept by that territorial authority pursuant to paragraph (a) or paragraph (b) of subsection (1) to have committed, within the meaning of section 21(3) section 25(2)
ii: is for the time being classified as a probationary owner under section 21
iii: is for the time being disqualified under section 25
b: shall, where any person classified as a probationary owner by that territorial authority has objected to another territorial authority against that classification, forward to the other territorial authority such information held in the records kept under subsection (1)(c) as is necessary for the purposes of section 22(3)(a)
c: shall, where any person disqualified by that territorial authority has objected to another territorial authority against that disqualification, forward to the other territorial authority such information held in the records kept under subsection (1)(d) as is necessary for the purpose of section 26(3)(a)
3: Subsection (1) shall apply to all information received by a territorial authority pursuant to subsection (2)(a) as if that territorial authority had taken the actions referred to in that subsection.
4: At the expiration of any period during which any territorial authority is required by this section to maintain any records and information, those records and that information shall be destroyed by the territorial authority.
5: A territorial authority may comply with this section by entering the required information directly into the national dog control information database referred to in section 35A
6: A territorial authority that complies with subsection (5) is not required to answer any request made under subsection (2). Instead the request must be treated as if it were a request made to the territorial authority referred to in section 35A(2) Section 30(1)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 30(1)(a)(i) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 30(1)(b) amended 28 June 2006 Dog Control Amendment Act 2006 Section 30(1)(d)(i) amended 1 December 2003 section 16(1) Dog Control Amendment Act 2003 Section 30(2) amended 7 July 2004 section 8(1) Dog Control Amendment Act 2004 Section 30(2)(a)(i) amended 1 December 2003 section 16(2) Dog Control Amendment Act 2003 Section 30(5) substituted 7 July 2004 section 8(2) Dog Control Amendment Act 2004 Section 30(6) added 7 July 2004 section 8(2) Dog Control Amendment Act 2004
30AA: Territorial authority may retain information about infringement notice until infringement fee paid
1: A territorial authority may retain any record in relation to an infringement notice issued by it until the infringement fee (or, as the case may be, the fine) has been paid in full.
2: Subsection (1) applies despite anything to the contrary in this Act. Section 30AA inserted 28 June 2006 Dog Control Amendment Act 2006 Prohibition on import of certain dogs Heading inserted 1 December 2003 section 17 Dog Control Amendment Act 2003
30A: Prohibition on import of dogs listed in Schedule 4
1: No person may import into New Zealand any dog that belongs wholly or predominantly to 1 or more breed or type of dog listed in Schedule 4
2: No person may import a dog into New Zealand unless the dog is accompanied by—
a: evidence of registration in New Zealand; or
b: an exempting statutory declaration.
3: The exempting statutory declaration required by subsection (2)(b) must also be accompanied by a veterinarian's certificate in relation to the dog that—
a: is issued—
i: in the country from which the dog is imported or is to be imported; and
ii: by a veterinarian registered in that country; and
iii: before the arrival of the dog in New Zealand; and
b: is to the effect that to the best of the veterinarian's knowledge and belief, the dog is not a dog listed in Schedule 4
4: Every person who contravenes subsection (1) commits an offence and is liable on
5: Subsections (1) and (2)(b) do
a: any dog—
i: performing the same function as a disability assist dog (if the dog has been certified as being trained to perform that function by a recognised organisation in the country where the person who the dog assists usually resides); and
ii: accompanying and assisting that person or accompanying a person genuinely engaged in the dog's training; or
b: any dog—
i: that is kept, used, or certified for use by a specified agency; and
ii: is being used for the purpose of carrying out in a lawful manner any function, duty, or power of that agency.
6: In this section,— dog Schedule 4 exempting statutory declaration
a: that is made in New Zealand by or on behalf of the importer of the dog; and
b: that is to the effect that, to the best of the knowledge and belief of the importer of the dog or of the importer's agent, the dog does not belong wholly or predominantly to 1 or more breed or type of dog listed in Schedule 4 Section 30A inserted 1 December 2003 section 17 Dog Control Amendment Act 2003 Section 30A(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 30A(5) amended 30 November 2022 section 32 Statutes Amendment Act 2022 Section 30A(5)(a) substituted 28 June 2006 Dog Control Amendment Act 2006 Dangerous dogs
31: Territorial authority to classify dangerous dogs
1: A territorial authority must classify a dog as a dangerous dog if—
a: the owner of the dog has been convicted of an offence in relation to the dog under section 57A(2)
b: the territorial authority has, on the basis of sworn evidence attesting to aggressive behaviour by the dog on 1 or more occasions, reasonable grounds to believe that the dog constitutes a threat to the safety of any person, stock, poultry, domestic animal, or protected wildlife; or
c: the owner of the dog admits in writing that the dog constitutes a threat to the safety of any person, stock, poultry, domestic animal, or protected wildlife.
2: Where any dog is classified as a dangerous dog under subsection (1), the territorial authority shall immediately give notice in the prescribed form of that classification to the owner.
3: Where any dog is classified as a dangerous dog under subsection (1)(b), the owner may, within 14 days of the receipt of notice of that classification under subsection (2), object to the classification in writing to the territorial authority, and shall be entitled to be heard in support of his or her objection.
4: In considering any objection under this section, the territorial authority shall have regard to—
a: the evidence which formed the basis for the original classification; and
b: any steps taken by the owner to prevent any threat to the safety of persons and animals; and
c: the matters advanced in support of the objection; and
d: any other relevant matters— and may uphold or rescind the classification.
5: The territorial authority shall give notice of its decision on any objection, and the reasons for its decision, to the owner as soon as practicable. Section 31(1) substituted 7 July 2010 section 4 Dog Control Amendment Act 2010
32: Effect of classification as dangerous dog
1: If a dog is classified as a dangerous dog under section 31
a: must ensure that, from a date not later than 1 month after the receipt of notice of classification, the dog is kept within a securely fenced portion of the owner's property that it is not necessary to enter to obtain access to at least 1 door of any dwelling on the property; and
b: must not allow the dog to be at large or in any public place or in any private way, except when confined completely within a vehicle or cage, without being—
i: muzzled in such a manner as to prevent the dog from biting but to allow it to breathe and drink without obstruction; and
ii: controlled on a leash (except when in a dog exercise area specified in a bylaw made under section 20(1)(d)
c: must produce to the territorial authority, within 1 month after the receipt of notice of classification, a certificate issued by a veterinarian
i: that the dog is or has been neutered; or
ii: that for reasons that are specified in the certificate, the dog will not be in a fit condition to be neutered before a date specified in the certificate; and
d: must, if a certificate under paragraph (c)(ii) is produced to the territorial authority, produce to the territorial authority, within 1 month after the date specified in that certificate, a further certificate under paragraph (c)(i); and
e: must, in respect of every registration year commencing after the date of receipt of the notice of classification, be liable for dog control fees for that dog at 150% of the level that would apply if the dog were not classified as a dangerous dog; and
f: must not, without the written consent of the territorial authority in whose district the dog is to be kept, dispose of the dog to any other person.
2: Every person who fails to comply with subsection (1) commits an offence and is liable on
3: If a court convicts a person of an offence against subsection (2), the court must also make an order for the destruction of the dog unless satisfied that the circumstances of the offence were exceptional and do not warrant destruction of the dog.
4: Every person who sells or otherwise transfers, or offers to sell or transfer, to any other person any dog known by that person to be classified as a dangerous dog without disclosing the fact of that classification to that other person commits an offence and is liable on
5: If a person fails to comply with subsection (1), a dog control officer or dog ranger may—
a: seize and remove the dog from the person's possession; and
b: retain custody of the dog until the territorial authority has reasonable grounds to believe that the person has demonstrated a willingness to comply with subsection (1).
6: Section 70 section 56 Section 32 substituted 1 December 2003 section 19 Dog Control Amendment Act 2003 Section 32(1)(c) amended 28 June 2006 Dog Control Amendment Act 2006 Section 32(1)(d) amended 7 July 2004 section 9(1) Dog Control Amendment Act 2004 Section 32(1)(e) amended 7 July 2004 section 9(2) Dog Control Amendment Act 2004 Section 32(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 32(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
32A: Dangerous dog classification to extend over New Zealand
1: Every classification as a dangerous dog under section 31
2: This section is for the avoidance of doubt. Section 32A inserted 28 June 2006 Dog Control Amendment Act 2006
33: Territorial authority's consent to disposal of dangerous dog
No territorial authority shall give its consent under section 32(1)(f)
a: is not a person classified under section 21
b: is not a person who is disqualified under section 25(1)(b) and (c)
c: is aware that the dog is classified as a dangerous dog; and
d: is aware of the obligations imposed by section 32 Section 33(b) amended 1 December 2003 section 20 Dog Control Amendment Act 2003 Menacing dogs Heading inserted 1 December 2003 section 21 Dog Control Amendment Act 2003
33A: Territorial authority may classify dog as menacing
1: This section applies to a dog that—
a: has not been classified as a dangerous dog under section 31
b: a territorial authority considers may pose a threat to any person, stock, poultry, domestic animal, or protected wildlife because of—
i: any observed or reported behaviour of the dog; or
ii: any characteristics typically associated with the dog's breed or type.
2: A territorial authority may, for the purposes of section 33E(1)(a)
3: If a dog is classified as a menacing dog under subsection (2), the territorial authority must immediately give written notice in the prescribed form
a: the classification; and
b: the provisions of section 33E
c: the right to object to the classification under section 33B ; and
d: if the territorial authority's policy is not to require the neutering of menacing dogs (or would not require the neutering of the dog concerned), the effect of sections 33EA 33EB Section 33A inserted 1 December 2003 section 21 Dog Control Amendment Act 2003 Section 33A(3) amended 1 November 2004 section 10 Dog Control Amendment Act 2004 Section 33A(3)(c) amended 28 June 2006 Dog Control Amendment Act 2006 Section 33A(3)(d) added 28 June 2006 Dog Control Amendment Act 2006
33B: Objection to classification of dog under section 33A
1: If a dog is classified under section 33A
a: may, within 14 days of receiving notice of the classification, object in writing to the territorial authority in regard to the classification; and
b: has the right to be heard in support of the objection.
2: The territorial authority considering an objection under subsection (1) may uphold or rescind the classification, and in making its determination must have regard to—
a: the evidence which formed the basis for the classification; and
b: any steps taken by the owner to prevent any threat to the safety of persons or animals; and
c: the matters relied on in support of the objection; and
d: any other relevant matters.
3: The territorial authority must, as soon as practicable, give written notice to the owner of—
a: its determination of the objection; and
b: the reasons for its determination. Section 33B inserted 1 December 2003 section 21 Dog Control Amendment Act 2003
33C: Dogs belonging to breed or type listed in Schedule 4 to be classified as menacing
1: A territorial authority must, for the purposes of section 33E(1)(a) Schedule 4
2: If a dog is classified as menacing under subsection (1), the territorial authority must immediately give written notice in the prescribed form
a: the classification; and
b: the provisions of section 33E
c: the right to object to the classification under section 33D Section 33C inserted 1 December 2003 section 21 Dog Control Amendment Act 2003 Section 33C(2) amended 1 November 2004 section 11 Dog Control Amendment Act 2004
33D: Objection to classification of dog under section 33C
1: If a dog is classified as a menacing dog under section 33C
a: may, within 14 days of receiving notice of the classification, object in writing to the territorial authority in regard to the classification; and
b: has the right to be heard in support of the objection.
2: If an owner objects to the classification, he or she must provide evidence that the dog is not of a breed or type listed in Schedule 4
3: The territorial authority considering an objection under subsection (1) may uphold or rescind the classification, and in making its determination must have regard to—
a: the evidence which formed the basis for the classification; and
b: the matters relied on in support of the objection; and
c: any other relevant matters.
4: The territorial authority must, as soon as practicable, give written notice to the owner of—
a: its determination of the objection; and
b: the reasons for its determination. Section 33D inserted 1 December 2003 section 21 Dog Control Amendment Act 2003
33E: Effect of classification as menacing dog
1: If a dog is classified as a menacing dog under section 33A section 33C
a: must not allow the dog to be at large or in any public place or in any private way, except when confined completely within a vehicle or cage, without being muzzled in such a manner as to prevent the dog from biting but to allow it to breathe and drink without obstruction; and
b: must, if required by the territorial authority, within 1 month after receipt of notice of the classification, produce to the territorial authority a certificate issued by a veterinarian
i: that the dog is or has been neutered; or
ii: that for reasons that are specified in the certificate, the dog will not be in a fit condition to be neutered before a date specified in the certificate; and
c: must, if a certificate under paragraph (b)(ii) is produced to the territorial authority, produce to the territorial authority, within 1 month after the date specified in that certificate, a further certificate under paragraph (b)(i).
2:
3:
4:
5: Subsection (1)(a) does not apply in respect of any dog or class of dog that the territorial authority considers need not be muzzled Section 33E inserted 1 December 2003 section 21 Dog Control Amendment Act 2003 Section 33E(1)(b) amended 28 June 2006 Dog Control Amendment Act 2006 Section 33E(2) repealed 28 June 2006 Dog Control Amendment Act 2006 Section 33E(3) repealed 28 June 2006 Dog Control Amendment Act 2006 Section 33E(4) repealed 28 June 2006 Dog Control Amendment Act 2006 Section 33E(5) amended 7 July 2004 section 12 Dog Control Amendment Act 2004
33EA: Menacing dog classification to extend over New Zealand
1: Every classification as a menacing dog under section 33A 33C
2: This section is for the avoidance of doubt. Section 33EA inserted 28 June 2006 Dog Control Amendment Act 2006
33EB: Territorial authority (other than classifying authority) may require neutering of menacing dog
1: This section applies if—
a: a dog is classified by a territorial authority as a menacing dog under section 33A 33C
b: the territorial authority does not require it to be neutered under section 33E(1)(b)
c: the dog is later registered with any other territorial authority.
2: No later than 1 month after the dog is registered with the other territorial authority, that territorial authority may require, by written notice, the owner of the dog to produce to the territorial authority a certificate issued by a veterinarian certifying—
a: that the dog has been neutered; or
b: that for reasons that are specified in the certificate, it will not be in a fit condition to be neutered before a date specified in the certificate.
3: The owner must produce the certificate to the territorial authority no later than 1 month after receiving the notice.
4: If a certificate under subsection (2)(b) is produced to the territorial authority, the owner of the dog must produce to the territorial authority, no later than 1 month after the date specified in that certificate, a further certificate under subsection (2). Section 33EB inserted 28 June 2006 Dog Control Amendment Act 2006
33EC: Offence to fail to comply with section 33E(1) or 33EB
1: Every person who fails to comply with section 33E(1) 33EB
2: If a person fails to comply with section 33E(1) 33EB
a: seize and remove the dog concerned from the person's possession; and
b: retain custody of the dog until—
i: the dog control officer or dog ranger is satisfied that the person has demonstrated a willingness to comply with section 33E(1) 33EB
ii: the dog is disposed of under section 71A Section 33EC inserted 28 June 2006 Dog Control Amendment Act 2006 Section 33EC(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Dangerous and menacing dogs Heading inserted 28 June 2006 Dog Control Amendment Act 2006
33ED: Territorial authority to classify certain dogs as dangerous or menacing
1: A territorial authority must classify a dog as a dangerous dog under section 31 section 33A
a: the owner of the dog has been convicted of an offence against section 57(2) 57A(2)(a)
b: no destruction order for the dog has been made by the court concerned.
2: Subsection (1) applies unless the territorial authority is satisfied that the circumstances of the attack, rush, or startle by the dog (being the circumstances relating to the offence for which the owner was convicted)—
a: were exceptional; and
b: do not, in the territorial authority's opinion, justify classifying the dog as dangerous or menacing. Section 33ED inserted 28 June 2006 Dog Control Amendment Act 2006
33F: Owner must advise person with possession of dangerous or menacing dog of requirement to muzzle and leash dog in public
1: This section applies to an owner whose dog has been classified as—
a: dangerous under section 31
b: menacing under section 33A section 33C
2: If the dog is in the possession of another person for a period not exceeding 72 hours, the owner must advise the person of the requirement to comply with section 32(1)(b) section 33E(1)(a)
3: Every person who fails to comply with subsection (2) commits an offence and is liable on Section 33F inserted 1 December 2003 section 21 Dog Control Amendment Act 2003 Section 33F(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Registration and registration fees
34: Dogs register
1: Every territorial authority shall keep a register of all dogs registered with it under this Act.
2: The register shall contain the following information in respect of each dog:
a: the full name
b: the address at which the dog is ordinarily kept:
c: a description of the dog, which may include the breed, colour, and any distinguishing marks:
d: the age of the dog:
da: whether the dog is a working dog within the meaning of paragraph (b)(ii) of the definition of working dog in section 2:
e: whether the dog is classified as a dangerous dog under section 31
ea: whether the dog is classified as a menacing dog under section 33A section 33C
f: the sex of the dog, including whether the dog is neutered or not:
g: a description of any tattoo, or the unique identifier of any microchip transponder, that provides permanent identification of the dog:
h: the registration number of the collar, label, or disc issued for that dog:
i: such other relevant information as the territorial authority considers necessary for the purposes of this Act.
2A: A territorial authority may include in the register any information referred to in subsection (2) in relation to any dog—
a: that has previously been, but is not currently, registered with it; or
b: that is known or believed to be kept in its district.
3: The territorial authority shall provide a sufficient number of places in its district, and, if necessary outside its district, at which dogs may be registered.
4: There must be kept at every place of registration—
a: a supply of labels or discs numbered consecutively and marked with the name of the district and the year for which they are issued; and
b: a supply of specially marked collars, labels, or discs identifying dogs exempt from microchip implantation under section 36(1A)
5: There shall also be kept for sale at every place of registration a supply of dog collars.
6: A territorial authority may comply with this section by entering the required information directly into the national dog control information database referred to in section 35A 1982 No 42 s 35(1)–(3), (6), (7) Section 34(2)(a) amended 28 June 2006 Dog Control Amendment Act 2006 Section 34(2)(da) inserted 28 June 2006 Dog Control Amendment Act 2006 Section 34(2)(ea) inserted 1 December 2003 section 22(1) Dog Control Amendment Act 2003 Section 34(2)(g) substituted 1 December 2003 section 22(2) Dog Control Amendment Act 2003 Section 34(2A) inserted 28 June 2006 Dog Control Amendment Act 2006 Section 34(4) substituted 28 June 2006 Dog Control Amendment Act 2006 Section 34(6) substituted 7 July 2004 section 13 Dog Control Amendment Act 2004
35: Supply of register information
1: The territorial authority shall not disclose, otherwise than in accordance with this section, information which is recorded in the register established under section 34 section 36
a: identifies, or will assist any person to identify, the name and address of the registered owner of any specified dog; or
b: identifies, or will assist any person to identify, the address at which any specified dog is ordinarily kept.
2: Subject to subsection (6), if
a: any constable
b: any officer of the Department of Conservation; or
c: any territorial authority; or
d: any society established for the prevention of cruelty to animals or for animal welfare purposes; or
e: any inspector under the Animal Welfare Act 1999
f: any veterinarian
g: any inspector under the Biosecurity Act 1993 requests, for any lawful purpose, the name and address of the registered owner of any specified dog or the names and addresses of the registered owners of dogs of any specified description or any other information recorded in the register in respect of that dog or dogs of that description, the territorial authority shall comply with the request.
3: Any person may apply to the territorial authority, in the prescribed form, for the name and address of the registered owner of any specified dog.
4: Where any person applies under subsection (3), and the territorial authority is satisfied of that person's identity and that the information is required for a purpose specified in any of the provisions of paragraphs (a) to (e) of subsection (5) or referred to in paragraph (f) of that subsection, the territorial authority shall provide that information.
5: For the purposes of subsection (4), the purposes for which any person shall be entitled to be informed of the name and address of the registered owner of any specified dog shall be,—
a: in relation to any charge Animal Welfare Act 1999
b: in relation to any request or claim for costs or compensation in respect of damage to property done or caused, or alleged to have been done or caused, by the dog:
c: in order to return the dog to its owner under section 52(4) section 59(2) section 60(2)
d: in order to advise the owner of the destruction of the dog under section 59 section 60
e: in order to make a complaint under section 61(1)
f: any other purpose specified in relation to the dogs register—
i:
ii: in regulations made under section 78
6: A territorial authority that complies with section 34(6) section 35A(2) Section 35(2) amended 7 July 2004 section 14(1) Dog Control Amendment Act 2004 Section 35(2)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 35(2)(e) amended 1 January 2000 section 194 Animal Welfare Act 1999 Section 35(2)(f) amended 28 June 2006 Dog Control Amendment Act 2006 Section 35(5)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 35(5)(a) amended 1 January 2000 section 198 Animal Welfare Act 1999 Section 35(5)(f)(i) repealed 1 December 2020 section 217 Privacy Act 2020 Section 35(6) added 7 July 2004 section 14(2) Dog Control Amendment Act 2004
35A: National dog control information database
1: For the purposes of compiling and maintaining a national dog control information database, a territorial authority must provide to a person or organisation nominated by the Secretary for Local Government, in electronic form, the information that the territorial authority is required to keep under sections 30(1) 34(2)(a) to (h)
2: For the purpose of sections 30(2) 35(2)(c)
a: the person or organisation responsible for the database must be treated as if the person or organisation were a territorial authority; and
b: the information that the person or organisation holds under subsection (1) must be treated as if it were information that was collected for the purposes of sections 30 35
c: the person or organisation must be treated as if the person or organisation were permitted to disclose the information it holds only—
i: to any other territorial authority; and
ii: by either—
A: disclosing the information to the territorial authority in accordance with sections 30(2) 35(2)(c)
B: allowing the territorial authority to access the information directly from the person's or organisation's database.
3: Despite subsection (2), the person or organisation may supply the information that it holds to the Secretary for Local Government for the purposes of evaluating dog control policy in New Zealand, as long as the information does not allow the identification of individual records of dog owners or dogs. Section 35A inserted 7 July 2004 section 15 Dog Control Amendment Act 2004
35AB: National dog control information database may contain additional information supplied by territorial authority
1: The person or organisation responsible for the national dog control information database under section 35A
a: holds under section 34(2)(i)
b: chooses to provide to the person or organisation.
2: Without limiting the information that the person or organisation responsible for the database may include in the database under subsection (1), the person or organisation may include any information a territorial authority provides that relates to any of the following:
a: any dog identifier used by the territorial authority:
b: the year a dog is born:
c: the year a dog dies:
d: contact details of a dog owner.
3: Any information provided under this section to the person or organisation responsible for the database is subject to the same limits on disclosure by the person or organisation as the information provided to the person or organisation under section 35A Section 35AB inserted 7 July 2004 section 15 Dog Control Amendment Act 2004
35B: Levy to fund costs of national dog control information database
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, impose a levy on territorial authorities in each financial year to fund the costs of maintaining the national dog control information database.
2: Subsection (1) does not apply to the costs of establishing the national dog control information database.
3: The order—
a: must specify the amount of the levy or the way that the levy must be calculated; and
b: may authorise—
i: the deduction of over-recoveries in respect of a financial year from a levy payable in subsequent financial years; or
ii: the addition of under-recoveries in respect of a financial year to a levy payable in subsequent financial years; and
c: may prescribe how and when the levy must be paid or collected.
4: A territorial authority must pay a levy required by an order
5: The amount of unpaid levy is recoverable in a court of competent jurisdiction as a debt due to the Crown.
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 35B inserted 30 September 2006 section 23 Dog Control Amendment Act 2003 Section 35B(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 35B(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
36: Application for registration
1: Except as provided in subsections (2) and (3), every person who owns a dog shall make an application to the territorial authority in whose district the dog is ordinarily kept to register the dog not later than the first day of every registration year.
1A: Every person who owns a dog classified as a working dog under paragraph (b)(ii) of the definition of working dog in section 2 must identify the dog accordingly in the application to register the dog.
2: Where a dog is of the age of 3 months or less, the application to register the dog shall be made before the dog attains the age of 3 months.
3: Where
4: Every application to register a dog shall be made in the prescribed form and shall be signed by the owner of the dog.
5: The territorial authority shall supply every owner from whom it has received an application form with—
a: a copy of the application form or a statement setting out—
i: the obligations of the owner under sections 52 54
ii: any other obligations imposed on the owner; and
iii: such other information (if any) relating to the administration of this Act as the territorial authority considers desirable; and
b: a copy of the policy for the time being in force under section 10 1982 No 42 s 36 1990 No 27 s 43 Section 36(1A) inserted 28 June 2006 Dog Control Amendment Act 2006 Section 36(3) amended 7 July 2004 section 16 Dog Control Amendment Act 2004
36A: Microchip transponder must be implanted in certain dogs
1: This section applies to a dog that—
a: is classified as dangerous under section 31
b: is classified as menacing under section 33A section 33C
c: is registered for the first time on or after 1 July 2006.
2: The owner of the dog must, for the purpose of providing permanent identification of the dog, arrange for the dog to be implanted with a functioning microchip transponder of the prescribed type and in the prescribed manner.
2A: Subsection (2) does not apply to a dog as defined in paragraph (b)(ii) of the definition of working dog in section 2 section 46(1) section 34(4)(b)
3: Subsection (2) is complied with by the owner,—
a: for a dog that is classified as dangerous or menacing, by making the dog available, in accordance with the reasonable instructions of the territorial authority, for verification that it has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location:
b: for a dog that is registered for the first time on or after 1 July 2006, by—
i: making the dog available, in accordance with the reasonable instructions of the territorial authority, for verification that it has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location; or
ii: providing to the territorial authority a certificate issued by a veterinarian certifying—
A: that the dog is or has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location; or
B: that, for the reasons that are specified in the certificate, the dog will not be in a fit condition to be implanted with a functioning microchip transponder of the prescribed type and in the prescribed location before a date specified in the certificate.
3A: A certificate issued by a veterinarian under subsection (3)(b)(ii) must include the following information:
a: the unique identifier of the microchip transponder (if subsection (3)(b)(ii)(A) applies); and
b: the name and sex of the dog; and
c: a physical description of the dog, which may include the breed, the colour, and any distinguishing marks; and
d: if the dog is registered, the registration number of the label or disc issued for the dog; and
e: the name, date of birth, and address of the owner of the dog.
4: If a certificate under subsection (3)(b)(ii)(B) subsection (3)(b)(ii)
5: The owner must comply with subsection (2)—
a: within 2 months from 1 July 2006, if the dog is classified as dangerous or menacing on or after 1 December 2003 but before 1 July 2006; or
b: within 2 months after the date on which the dog is classified as dangerous or menacing or is registered (as the case may be), in any other case.
5A: Subsection (2) does not apply if—
a: as a requirement of this Act, the dog has been previously implanted with a functioning microchip transponder of the prescribed type and in the prescribed location; or
b: in any other case, the territorial authority has verified that the dog has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location.
6: Every person commits an offence and is liable on
7: Section 36A inserted 1 July 2006 section 24 Dog Control Amendment Act 2003 Section 36A(2A) inserted 28 June 2006 Dog Control Amendment Act 2006 Section 36A(3) substituted 7 July 2004 section 17(1) Dog Control Amendment Act 2004 Section 36A(3A) inserted 7 July 2004 section 17(1) Dog Control Amendment Act 2004 Section 36A(4) amended 28 June 2006 Dog Control Amendment Act 2006 Section 36A(4) amended 28 June 2006 Dog Control Amendment Act 2006 Section 36A(5) substituted 7 July 2004 section 17(2) Dog Control Amendment Act 2004 Section 36A(5A) inserted 7 July 2004 section 17(2) Dog Control Amendment Act 2004 Section 36A(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 36A(7) repealed 28 June 2006 Dog Control Amendment Act 2006
37: Territorial authority to set fees
1: The dog control fees payable to a territorial authority shall be those reasonable fees prescribed by resolution of that authority for the registration and control of dogs under this Act.
2: Any resolution made under subsection (1) may—
a: fix fees for neutered dogs that are lower than the fee for dogs that have not been neutered:
b: fix fees for working dogs that are lower than the fee for any other dog, and may limit the number of working dogs owned by any person which qualify for lower fees under this section:
c: fix different fees for the various classes of working dogs:
d: fix fees for dogs under a specified age (not exceeding 12 months) that are lower than the fee that would otherwise be payable for those dogs:
e: fix, for any dog that is registered by any person who demonstrates to the satisfaction of any dog control officer that that person has a specified level of competency in terms of responsible dog ownership, a fee that is lower than the fee that would otherwise be payable for that dog:
f: fix by way of penalty, subject to subsection (3), an additional fee, for the registration on or after the first day of the second month of the registration year or such later date as the authority may fix, of any dog that was required to be registered on the first day of that registration year:
g: fix a fee for the issue of a replacement registration label or disc for any dog.
3: Any additional fee by way of penalty fixed under subsection (2)(f) shall not exceed 50% of the fee that would have been payable if the dog had been registered on the first day of the registration year.
4: In prescribing fees under this section, the territorial authority shall have regard to the relative costs of the registration and control of dogs in the various categories described in paragraphs (a) to (e) of subsection (2), and such other matters as the territorial authority considers relevant.
5: Where any 2 or more territorial authorities have formed a joint standing or joint special committee in accordance with section 7
6: The territorial authority shall, at least once during the month preceding the start of every registration year, publicly notify in a newspaper circulating in its district the dog control fees fixed for the registration year.
7: Failure by the territorial authority to give the public notice required by subsection (6), or the occurrence of any error or misdescription in such public notice, shall not affect the liability of any person to comply with this Act or to pay any fee that is prescribed by the territorial authority under subsection (1).
8: No increase in the dog control fees for any year shall come into effect other than at the commencement of that year.
9: This section shall come into force on the day on which this Act receives the Royal assent. 1982 No 42 s 49 1990 No 27 s 44
38: Registration fee for certain dogs registered on or after 2 August
1: A territorial authority must reduce the registration fee for a dog, but only if, in a registration year,—
a: the dog is less than 3 months old on or after 2 August; or
b: the dog is imported into New Zealand for the first time on or after 2 August.
2: The fee payable for the dog under subsection (1) must be calculated by—
a: dividing the registration fee payable for a full year by 12; and
b: multiplying that amount by the number of complete months remaining in the registration year. Section 38 substituted 28 June 2006 Dog Control Amendment Act 2006
39: Refund and reduction of fees
1: Where the fee for the registration of any dog for any year is paid and the dog dies before the commencement of or during that year, the territorial authority shall refund, upon request, in the case of a dog that dies before the commencement of the year, the full fee paid, and, in the case of a dog that dies during the year, the appropriate part of that fee.
2: The part fee refundable under subsection (1) shall be calculated on the basis of the number of complete months remaining in the registration year after the date of the request for the refund.
3: Notwithstanding anything in this or any other provision of this Act, the territorial authority may remit, reduce, or refund the dog control fee or part of the fee in any particular case or class of cases by reason of the financial circumstances of the owner or where it is satisfied that there are special grounds for doing so. 1982 No 42 s 51 1990 No 27 s 46
40: Proof of class of dog
1: Where the territorial authority fixes a fee for the registration of a working dog that is lower than that fixed for a dog that is not a working dog, any person claiming to register any dog as a working dog shall, if so required by the territorial authority, make a written statement that the dog is a working dog of a specified class.
2: Where the territorial authority fixes a fee for the registration of a neutered dog that is lower than that fixed for a dog that has not been neutered, any person claiming to register a neutered dog shall, if so required by the territorial authority, produce to the territorial authority a certificate issued by a veterinarian 1982 No 42 s 37 Section 40(2) amended 28 June 2006 Dog Control Amendment Act 2006
41: Penalty for false statement relating to application for registration
Every person commits an offence and is liable on $3,000 1982 No 42 s 38 Section 41 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 41 amended 1 December 2003 section 25 Dog Control Amendment Act 2003
41A: Dead dogs
Every person commits an offence and is liable on Section 41A inserted 28 June 2006 Dog Control Amendment Act 2006 Section 41A amended 1 July 2013 section 413 Criminal Procedure Act 2011
42: Offence of failing to register dog
1: Every person commits an offence and is liable on is the owner of
2: If a territorial authority has reasonable grounds to believe that a person has failed to comply with subsection (1), a dog control officer or dog ranger may—
a: seize and impound the dog; and
b: for the purposes of paragraph (a), enter, at any reasonable time, any land or premises (except a dwellinghouse) occupied by the owner of the dog.
3: This section does not apply to any person operating a pound or facility, or having custody of an unregistered dog for the purposes of—
a: impounding the dog under this Act; or
b: confining the dog in a transitional facility or containment facility approved under section 39
c: keeping the dog in the custody of a society established to prevent cruelty to animals pending the dog's—
i: recovery by its owner; or
ii: disposal to a new owner.
4: However,—
a: a person to whom subsection (3)(a) applies must not dispose of a dog other than in accordance with section 69A
b: a person to whom subsection (3)(b) or subsection (3)(c) applies must not dispose of a dog (other than by destroying it), unless the dog is first registered under this Act. 1982 No 42 s 39 Section 42 substituted 1 December 2003 section 26 Dog Control Amendment Act 2003 Section 42(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 42(1) amended 28 June 2006 Dog Control Amendment Act 2006 Section 42(3) substituted 7 July 2004 section 18 Dog Control Amendment Act 2004 Section 42(4) added 7 July 2004 section 18 Dog Control Amendment Act 2004
43: Registration of impounded dog, dog in quarantine, or dog in custody of society established to prevent cruelty to animals
Section 43 repealed 7 July 2004 section 19 Dog Control Amendment Act 2004
44: Dog not wearing proper label or disc deemed unregistered
Any dog not wearing a collar having a current registration label or disc attached shall, until the contrary is proved, be deemed to be unregistered. 1982 No 42 s 41
45: Burden of proof on owner of dog
In any proceedings under this Act the proof that a dog was duly registered, or is not over the age of 3 months, shall be on the defendant. 1982 No 42 s 42
46: Issue of label or disc and completion of registration
1: On receipt of the properly completed application form and the applicable dog control fee, the territorial authority shall, unless the registration of that dog in the ownership of that person would be in breach of section 23 section 28
2: The owner of the dog shall ensure that the label or disc issued by the territorial authority is attached to a collar worn on the neck of the dog so registered.
3: If the authority is satisfied that a current label or disc for any dog has been lost, stolen, damaged, or destroyed, it shall, on receipt of the appropriate fee, issue a replacement label or disc.
4: Every person commits an offence and is liable on $3,000 1982 No 42 s 43 Section 46(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 46(4) amended 1 December 2003 section 27 Dog Control Amendment Act 2003
47: Registration to extend over New Zealand
Every registration made under this Act shall be in force throughout New Zealand. 1982 No 42 s 44
48: Change of ownership of
1: Where the ownership of any dog is changed, any registration of the dog shall continue in force, but the previous owner and the new owner shall each within 14 days give written notice to the territorial authority or territorial authorities concerned of the change of ownership and of the residential address of the new owner and the address at which the dog will ordinarily be kept.
2: Where the dog is registered, the territorial authority or territorial authorities concerned shall, without fee, record the changes in their registers and the territorial authority in whose district the dog is ordinarily to be kept shall, without fee, issue a new label or disc for the dog.
3: Every person commits an offence and is liable on $500
4: It shall be a defence to a charge of failing to comply with the requirements of subsection (1) if the defendant satisfies the court that the previous owner or the new owner, as the case may be, complied with the requirements of that subsection. 1982 No 42 s 45 Section 48 heading amended 28 June 2006 Dog Control Amendment Act 2006 Section 48(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 48(3) amended 1 December 2003 section 28 Dog Control Amendment Act 2003
49: Transfer of dog from one address or district to another
1: Where the owner of any dog changes his or her address within the district of a territorial authority, he or she shall, within 14 days, give notice in writing of his or her change of address to the territorial authority.
2: Where any dog is transferred to and is kept, for a period of 1 month or more, in any territorial authority district other than that in which it has been kept, the owner shall, within 6 weeks of the transfer, give notice in writing of the transfer to the territorial authority in whose district the dog has been kept and to the territorial authority to whose district the dog is transferred, setting out the address at which the dog will ordinarily be kept.
3: Where the dog is registered, the territorial authority or territorial authorities concerned shall, without fee, record the changes in its register or their registers, and the territorial authority in whose district the dog is ordinarily to be kept shall, without fee, issue a new label or disc for the dog.
4: Every person commits an offence and is liable on $500 1982 No 42 s 46 Section 49(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 49(4) amended 1 December 2003 section 29 Dog Control Amendment Act 2003
50: Dog not wearing proper label or disc may be impounded
1: Where any dog over the age of 3 months not wearing a collar having a current registration label or disc attached is found on any land or premises other than the land or premises of the owner of the dog, or any such dog is found in any public place,—
a: any dog control officer or dog ranger may seize and impound the dog; or
b: the occupier or person in charge of the land, premises, or public place may seize the dog and deliver it to the custody of a dog control officer or dog ranger for impounding.
2: Nothing in this section shall authorise any person to seize any dog that is under the control of any other person.
3: Nothing in this section shall authorise any dog control officer or dog ranger to enter on any land or premises other than a public place without the consent (express or implied) of the occupier or person in apparent charge of the land or premises. 1982 No 42 s 47
51: Offences relating to collars, labels, and discs
1: Every person commits an offence and is liable on $3,000
a: removes from a dog a collar bearing a label or disc issued under this Act; or
b: removes any such label or disc attached to any collar worn by any dog; or
c: attaches to any dog or has in that person's keep any dog wearing any such label or disc issued in respect of another dog; or
d: makes or counterfeits or, knowing the same to be false or counterfeit, purchases, uses, or has in that person's possession, any label or disc resembling or apparently intended to resemble or pass for a label or disc issued under this Act.
2: Where a person is convicted of an offence against paragraph (a) or paragraph (b) of subsection (1), and the dog has been impounded in consequence of the removal of that collar, label, or disc, the court may order that person to pay to the owner any fees payable by the owner relating to the impounding of the dog and, if the dog has been sold or destroyed, the full value of that dog as determined by the court. 1982 No 42 s 48 Section 51(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 51(1) amended 1 December 2003 section 30 Dog Control Amendment Act 2003 Obligations of owner
52: Control of dogs
generally
1: The owner of any dog shall keep that dog under control at all times.
2: Without limiting the generality of subsection (1), a dog shall, for the purposes of this Act, be deemed to be not under control—
a: if it is found at large on any land or premises other than a public place or a private way without the consent (express or implied) of the occupier or person in charge of that land or those premises; or
b: if it is found at large in any public place or in any private way in contravention of any secondary legislation
3: Where a dog is not under control in terms of subsection (2), the dog control officer or dog ranger may seize the dog and cause it to be returned to its owner or impounded.
3A: A dog control officer or dog ranger in fresh pursuit of a dog that has been not under control in terms of subsection (2) may, at any reasonable time, enter on any land or premises (except a dwellinghouse) to seize and impound a dog if—
a: the dog is identified by the dog control officer or dog ranger; and
b: the dog is not under the control of any person or otherwise constrained; and
c: no person, other than a person under the age of 16 years, is present.
4: Where, in the opinion of—
a: the occupier of any land or premises, or of any other person acting with the authority of such occupier (whether express or implied); or
b: any person in any public place or in any private way,— a dog is likely to cause annoyance or distress to any person or animal or damage to any property on the land or premises or in any public place or in any private way, the occupier or person may seize the dog and cause the dog to be returned to its owner, or to be delivered into the custody of a dog control officer or dog ranger.
5: Nothing in subsection (4) authorises any person to seize any dog that is under the direct control of any other person.
6: Where a dog is, under subsection (4), delivered into the custody of a dog control officer or dog ranger, the dog control officer or dog ranger may cause the dog to be returned to its owner or impounded.
7: Except as provided in subsection (3A), nothing 1982 No 42 s 52 Section 52 heading amended 1 December 2003 section 31(1) Dog Control Amendment Act 2003 Section 52(2)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 52(3A) inserted 1 December 2003 section 31(2) Dog Control Amendment Act 2003 Section 52(7) amended 1 December 2003 section 31(3) Dog Control Amendment Act 2003
52A: Control of dog on owner's property
1: This section applies when a dog is on land or premises occupied by its owner.
2: The owner of a dog must, at all times, ensure that either—
a: the dog is under the direct control of a person; or
b: the dog is confined within the land or premises in such a manner that it cannot freely leave the land or premises.
3: Every person commits an offence and is liable on
4: If a person fails to comply with subsection (2), a dog control officer or dog ranger may—
a: seize and impound the dog; and
b: for the purposes of paragraph (a), enter, at any reasonable time, the land or premises (except a dwellinghouse) owned or occupied by the owner of the dog. Section 52A inserted 1 June 2004 section 32 Dog Control Amendment Act 2003 Section 52A(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
53: Offence of failing to keep dog under control
1: Every person commits an offence and is liable on $3,000
2: Notwithstanding section 52(2)(b) any secondary legislation Section 53(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 53(1) amended 1 December 2003 section 33 Dog Control Amendment Act 2003 Section 53(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021
54: Obligations of dog owner
1: The owner of any dog shall—
a: ensure that the dog receives proper care and attention and is supplied with proper and sufficient food, water, and shelter; and
b: ensure that the dog receives adequate exercise.
2: Every person commits an offence and is liable on 1982 No 42 s 53 Section 54(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
54A: Owner must use or carry leash in public
1: The owner of a dog must carry a leash when in a public place if—
a: the dog is with the owner; and
b: the dog is not otherwise required to be controlled on a leash by or under this Act or any other enactment.
2: Every person commits an offence and is liable on
3: This section does not apply to the owner of a working dog in relation to the working dog Section 54A inserted 1 December 2003 section 34 Dog Control Amendment Act 2003 Section 54A(1) substituted 7 July 2004 section 20(1) Dog Control Amendment Act 2004 Section 54A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 54A(3) amended 7 July 2004 section 20(2) Dog Control Amendment Act 2004
55: Barking dogs
1: Where a dog control officer or dog ranger has received a complaint and has reasonable grounds for believing that a nuisance is being created by the persistent and loud barking or howling of any dog, the dog control officer or dog ranger may—
a: enter at any reasonable time upon the land or premises, other than a dwellinghouse, on which the dog is kept, to inspect the conditions under which the dog is kept; and
b: whether or not the dog control officer or dog ranger makes such entry, give the owner of the dog a written notice requiring that person to make such reasonable provision on the property to abate the nuisance as shall be specified in the notice or, if considered necessary, to remove the dog from the land or premises.
2: Any person on whom notice is served under subsection (1) may, within 7 days of the receipt of the notice, object in writing to the territorial authority against the requirements of that notice.
3: The territorial authority shall consider the objection and may confirm, modify, or cancel the notice.
4: No objection under this section shall be considered unless 7 days' notice of the date and time when and the place at which it is to be considered have been given to the objector, who shall be entitled to be represented and to be heard and may submit evidence and call witnesses in support of his or her objection.
5: Upon the determination of the objection, the territorial authority shall give to the objector a further notice stating the decision of the authority, and, if the effect of the decision is to modify the requirements of the dog control officer or dog ranger, shall set out those requirements as so modified.
6: As from the lodging of an objection with the territorial authority, and pending the receipt of a further notice upon the determination of the objection, the notice setting out the requirements that are the subject of the objection shall be deemed to be suspended.
7: Every person commits an offence and is liable on
a: fails or neglects to comply with that notice (not being a notice that has been suspended under subsection (6)) within 7 days of its receipt by that person:
b: fails or neglects to comply with any notice as modified or confirmed by a territorial authority under subsection (3) within the time specified by the territorial authority. 1982 No 42 s 54 Section 55(7) amended 1 July 2013 section 413 Criminal Procedure Act 2011
56: Removal of barking dog causing distress
1: This section shall apply in any case where, at any time after a notice under section 55
a: the notice has not been cancelled under subsection (3) of that section; and
b: the notice has not been complied with; and
c: a dog control officer or dog ranger has received a further complaint and has reasonable grounds for believing that the nuisance in respect of which the notice is issued is continuing and is causing distress to any person.
2: In any case to which subsection (1) applies, the dog control officer or dog ranger may enter upon the land or premises on which the dog is kept and remove the dog and the dog shall be kept in custody under section 70
3: Nothing in this section shall authorise any dog control officer or dog ranger to enter any dwellinghouse unless—
a: he or she is authorised to enter by a warrant issued by an issuing officer (within the meaning of section 3 subpart 3
b: he or she is accompanied by a constable.
3A: None of the following persons may act as an issuing officer under this section:
a: the mayor or any elected member of the local authority that employs or engages the dog ranger or dog control officer; or
b: any employee of the local authority that employs or engages the dog ranger or dog control officer.
4: Where a dog is removed pursuant to subsection (2), the dog control officer or dog ranger shall give written notice in the prescribed form to the owner of the dog or, if the owner is not present, the person for the time being appearing to be in charge of the land or premises and, if no person is present on the property, shall leave such notice in some conspicuous place on the land or premises.
5: The provisions of subparts 1 3 7 9 10 Section 56(3)(a) replaced 1 October 2012 section 233(1) Search and Surveillance Act 2012 Section 56(3A) inserted 1 October 2012 section 233(2) Search and Surveillance Act 2012 Section 56(5) inserted 1 October 2012 section 233(3) Search and Surveillance Act 2012
57: Dogs attacking persons or animals
1: A person may, for the purpose of stopping an attack, seize or destroy a dog if—
a: the person is attacked by the dog; or
b: the person witnesses the dog attacking any other person, or any stock, poultry, domestic animal, or protected wildlife.
2: The owner of a dog that makes an attack described in subsection (1) commits an offence and is liable on
3: If, in any proceedings under subsection (2), the court is satisfied that the dog has committed an attack described in subsection (1) and that the dog has not been destroyed, the court must make an order for the destruction of the dog unless it is satisfied that the circumstances of the offence were exceptional and do not warrant destruction of the dog.
4: If a person seizes a dog under subsection (1), he or she must, as soon as practicable, deliver the dog into the custody of a dog ranger or dog control officer.
5: If a dog control officer or dog ranger has reasonable grounds to believe that an offence has been committed under subsection (2), he or she may—
a: seize and take custody of the dog; or
b: if seizure of the dog is not practicable, destroy the dog.
6: A dog control officer or dog ranger may enter land or premises for the purposes of subsection (5), but may enter any dwellinghouse on the land or premises only if—
a: he or she is in fresh pursuit of a dog that—
i: he or she has reasonable grounds to believe has committed an attack described in subsection (1); and
ii: has been identified by a witness to the attack; or
b: he or she is authorised to enter by a warrant issued by an issuing officer (within the meaning of section 3 subpart 3
6A: None of the following persons may act as an issuing officer under this section:
a: the mayor or any elected member of the local authority that employs or engages the dog ranger or dog control officer; or
b: any employee of the local authority that employs or engages the dog ranger or dog control officer.
6B: The provisions of subparts 1 3 7 9 10
7: To avoid doubt, a constable
8: This section, section 57A section 58
a: is kept, or is being used, or is certified for use by a specified agency; and
b: is being used for the purpose of carrying out in a lawful manner any function, duty, or power of that agency. 1982 No 42 s 56(1)–(5), (7) Section 57 substituted 1 December 2003 section 35 Dog Control Amendment Act 2003 Section 57(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 57(6)(b) amended 1 October 2012 section 233(4) Search and Surveillance Act 2012 Section 57(6A) inserted 1 October 2012 section 233(5) Search and Surveillance Act 2012 Section 57(6B) inserted 1 October 2012 section 233(5) Search and Surveillance Act 2012 Section 57(7) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
57A: Dogs rushing at persons, animals, or vehicles
1: This section applies to a dog in a public place that—
a: rushes at, or startles, any person or animal in a manner that causes—
i: any person to be killed, injured, or endangered; or
ii: any property to be damaged or endangered; or
b: rushes at any vehicle in a manner that causes, or is likely to cause, an accident.
2: If this section applies,—
a: the owner of the dog commits an offence and is liable on
b: the court may make an order for the destruction of the dog.
3: A dog control officer or dog ranger who has reasonable grounds to believe that an offence has been committed under subsection (2)(a) may, at any time before a decision of the court under that subsection, seize or take custody of the dog and may enter any land or premises (except a dwellinghouse) to do so. Section 57A inserted 1 December 2003 section 36 Dog Control Amendment Act 2003 Section 57A(2)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011
58: Dogs causing serious injury
The owner of any dog that attacks any person or any protected wildlife and causes—
a: serious injury to any person; or
b: the death of any protected wildlife; or
c: such injury to any protected wildlife that it becomes necessary to destroy the animal to terminate its suffering,— commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 years or a fine not exceeding $20,000 Section 58 amended 1 December 2003 section 37 Dog Control Amendment Act 2003
59: Seizure or destruction of dog at large in vicinity of protected wildlife
1: Where any dog is at large and is an immediate disturbance or threat to any protected wildlife,—
a: the occupier or person having control of the land on which the dog is, for the time being, situated, or any agent or employee of that person; or
b: any constable, dog control officer, or dog ranger acting with the consent of any person specified in paragraph (a),— may forthwith either seize or destroy that dog.
2: Where, under subsection (1), a dog is seized by any person other than a dog control officer or dog ranger, that person shall ensure that the dog is returned to its owner or delivered into the custody of a dog control officer or dog ranger.
60: Seizure or destruction of dog running at large among stock or poultry
1: The owner of any stock or poultry or that owner's agent or employee, or any constable, dog control officer, or dog ranger acting at the request of that owner, may forthwith either seize or destroy any dog running at large among that stock or poultry.
2: Where, under subsection (1), a dog is seized by any person other than a dog control officer or dog ranger, that person shall ensure that the dog is returned to its owner or delivered into the custody of a dog control officer or dog ranger. 1982 No 42 s 59
61: Orders relating to dog seen worrying stock
1: Where complaint is made to the District Court
2: Every person who fails to comply with an order made under subsection (1) requiring that person to keep a dog under proper restraint commits an offence and is liable on 1982 No 42 s 60 Section 61(1) amended 1 March 2017 section 261 District Court Act 2016 Section 61(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
62: Allowing dogs known to be dangerous to be at large unmuzzled
1: This section applies to a dog owned by a person and known by the person to—
a: be dangerous; or
b: have attacked any person or any stock or poultry or property of any kind.
2: The person must not allow the dog to be at large or in any public place or private way, except when confined completely within a vehicle or cage, without being—
a: muzzled in such a manner as to prevent the dog from biting but to allow it to breathe and drink without obstruction; and
b: controlled on a leash (except when in a dog exercise area specified in a bylaw made under section 20(1)(d)
3: A person whose dog is in the possession of any other person for a period of less than 72 hours must advise that person of the requirement to comply with subsection (2)
4: Every person who contravenes subsection (2)
5: Every person who contravenes subsection (3)
6: This section does not apply in respect of a dog that—
a: is kept, or used, or is certified for use by a specified agency; and
b: is being used for the purpose of carrying out in a lawful manner any function, duty, or power of that agency. 1982 No 42 s 57 Section 62 substituted 1 December 2003 section 38 Dog Control Amendment Act 2003 Section 62(3) amended 7 July 2004 section 21(1) Dog Control Amendment Act 2004 Section 62(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 62(4) amended 7 July 2004 section 21(1) Dog Control Amendment Act 2004 Section 62(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 62(5) amended 7 July 2004 section 21(2) Dog Control Amendment Act 2004
63: Owner liable for damage done by dog
1: The owner of a dog shall be liable in damages for damage done by the dog, and it shall not be necessary for the person seeking damages to show a previous mischievous propensity in the dog, or the owner's knowledge of any such mischievous propensity, or that the damage was attributable to neglect on the part of the owner of the dog.
2: This section does not apply in respect of any damage done by a dog that—
a: is kept, or is being used, or is certified for use by a specified agency; and
b: is being used for the purpose of carrying out in a lawful manner any function, duty, or power of that agency; and
c: if, had this section not been enacted, there could be no claim for the damage against the agency concerned or any of its officers or employees or the owner of the dog. 1982 No 42 s 61 1985 No 172 s 3 Section 63(2) substituted 1 December 2003 section 39 Dog Control Amendment Act 2003
64: Procedure where order made for destruction of dog
1: If the District Court
a: cause the dog to be destroyed immediately; and
b: produce to the territorial authority within 1 month a certificate issued by a veterinarian
2: Where any such person does not cause the dog to be destroyed forthwith, any constable, dog control officer, or dog ranger may seize and destroy the dog.
3: In the exercise of his or her powers under subsection (2), any constable, dog control officer, or dog ranger may, at any reasonable time, enter on any land or premises, including any dwellinghouse, and remove any dog that is the subject of an order for destruction.
4: Nothing in subsection (3) shall authorise any dog control officer or dog ranger to enter any dwellinghouse unless he or she is accompanied by a constable.
5: Where any dog is destroyed by any dog control officer or dog ranger acting under the authority of this section, the reasonable costs of the collection, destruction, and disposal of the dog shall constitute a debt recoverable by the territorial authority from the owner of the dog.
6: A person who fails to comply with subsection (1) commits an offence and is liable on 1982 No 42 s 62 Section 64(1) substituted 1 December 2003 section 40(1) Dog Control Amendment Act 2003 Section 64(1) amended 1 March 2017 section 261 District Court Act 2016 Section 64(1)(b) amended 28 June 2006 Dog Control Amendment Act 2006 Section 64(6) added 1 December 2003 section 40(2) Dog Control Amendment Act 2003 Section 64(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Infringement offences
65: Infringement offences
1: In this Act, infringement offence Schedule 1
2: 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 in section 66 Section 65(1) amended 7 July 2004 section 22 Dog Control Amendment Act 2004 Section 65(2)(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
66: Infringement notices
1: Where a dog control officer or dog ranger or dog ranger
2: An infringement notice may be served—
a: by delivering it personally to the person who appears to have committed the infringement offence; or
b: by sending it by post addressed to the person at the person's last known place of residence or business; or
c: where the person is shown as the owner of a dog on a register
3: An
4: 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 in respect of that offence in Schedule 1
c: the address or addresses at which the infringement fee may be paid; and
d: the time within which the infringement fee may be paid; and
e: a summary of the provisions of section 21(10)
f: a statement of the right of the person served with the notice to request a hearing; and
g: a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing; and
h: a summary of the provisions of sections 21(2) and (3) 23 25(1) and (2) 27(1)
i: such other particulars as are prescribed.
5: 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
6: A territorial authority may retain the infringement fee received by it for an infringement offence if the infringement notice was issued by a dog control officer or dog ranger appointed by that territorial authority. Section 66(1) amended 1 December 2003 section 41(1) Dog Control Amendment Act 2003 Section 66(2)(c) amended 28 June 2006 Dog Control Amendment Act 2006 Section 66(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 66(4)(b) amended 7 July 2004 section 23 Dog Control Amendment Act 2004 Section 66(4)(h) amended 1 December 2003 section 41(2) Dog Control Amendment Act 2003 Section 66(6) added 1 December 2003 section 41(3) Dog Control Amendment Act 2003 Category 1 offences Heading inserted 14 December 2019 section 4 Dog Control (Category 1 Offences) Amendment Act 2019
66A: Jurisdiction for category 1 offences
1: The District Court presided over by 2 or more Justices of the Peace has jurisdiction in respect of any category 1 offence under this Act.
2: Subsection (1) does not apply to the offences described in the following sections:
a: section 32(2)
b: section 57(2)
c: section 57A(2)
d: section 61(2)
e: section 62(4)
f: section 78(3)
3: In this section, category 1 offence section 6(1) Section 66A inserted 14 December 2019 section 4 Dog Control (Category 1 Offences) Amendment Act 2019 Custody of dogs
67: Provision of pound facilities
Every territorial authority, either singly or jointly with any 1 or more other territorial authorities, shall make such provision as is necessary for the proper custody, care, and exercise of dogs impounded, seized, or committed to its custody or the custody of a dog control officer or dog ranger under this Act, and for that purpose may—
a: establish, maintain, and operate a dog pound either separately or in association with any pound established under any other Act:
b: enter into an agreement with any person, upon such terms and conditions as it thinks fit, for that person to provide proper custody, care, and exercise for such dogs. 1982 No 42 s 64
68: Pound fees
1: Any territorial authority may from time to time set reasonable poundage fees and reasonable fees for the following matters:
a: the seizure of dogs by dog control officers or dog rangers under this Act:
b: the sustenance of any dog impounded under this Act:
c: the destruction of any dog impounded under this Act.
2: The amount of any fee referred to in subsection (1) shall be such as may from time to time be fixed by resolution of the territorial authority, which resolution shall be publicly notified, at least 14 days before the resolution comes into effect, in a newspaper circulating in the district of the territorial authority.
3: In setting poundage fees under subsection (1), the territorial authority may—
a: set different fees for registered and unregistered dogs:
b: set a graduated scale of fees for the repeated impounding of the same dog.
4: Any fee fixed under this section shall, if so required by the territorial authority, be paid before the dog is released from the pound. 1982 No 42 s 65
69: Impounding and subsequent disposal of dog
1: Except as provided in subsection (7) and sections 70 71 71A section 52 section
2: As soon as practicable after any dog has been impounded, the territorial authority shall, in the case of a dog wearing a current registration label or disc or where the owner of the dog is known through some other means, give written notice to the owner that the dog has been impounded and that unless the dog is claimed and any fee paid within 7 days of the receipt of that notice, it may be sold, destroyed, or otherwise disposed of in such manner as the territorial authority thinks fit; and after the expiry of that period the territorial authority may so dispose of the dog.
3: Where the owner of the dog is not known and cannot be identified from the dog registration label or disc, the territorial authority may, after the expiration of 7 days after the date of seizure of the dog, sell, destroy, or otherwise dispose of the dog in such manner as it thinks fit.
4: The proceeds of the sale of any dog under subsection (2) or subsection (3) may be applied by the territorial authority towards any fees payable to it under this Act by the owner of the dog, and any surplus shall be paid into the dog control account of the territorial authority.
5: The territorial authority shall maintain a record of each dog impounded by it and the method of disposal of that dog.
6: The sale, destruction, or other disposal of a dog under this section shall not relieve the former owner of the dog of the liability for the payment of any fees payable under this Act.
7: Nothing in subsections (1) to (3) shall apply in any case where a constable, dog control officer, or dog ranger seizes or is given custody of a dog pursuant to an order of the District Court that the dog be destroyed.
8: This section does not limit or affect the power of the territorial authority to destroy a dog under section 139 1982 No 42 s 66 Section 69(1) amended 28 June 2006 Dog Control Amendment Act 2006 Section 69(1) amended 28 June 2006 Dog Control Amendment Act 2006 Section 69(8) added 1 January 2000 section 194 Animal Welfare Act 1999
69A: Impounded dog must be microchipped and registered before release
1: A registered dog that has been impounded by a territorial authority under this Act may not be released to any person (other than for the purposes of destroying it) without first being implanted with a functioning microchip transponder of the prescribed type and in the prescribed manner.
2: Subsection (1) does not apply to a registered dog that has been impounded by the territorial authority for the first time.
3: An unregistered dog that has been impounded by a territorial authority under this Act may not be released to any person (other than for the purposes of destroying it) without first being registered under this Act.
4: An unregistered dog that has been impounded by a territorial authority under this Act may not be released to any person (other than for the purposes of destroying it) without first being implanted with a functioning microchip transponder of the prescribed type and in the prescribed manner.
5: Subsections (1) and (4) do not apply if,—
a: as a requirement of this Act, the dog has been previously implanted with a functioning microchip transponder of the prescribed type and in the prescribed location; or
b: in any other case, the territorial authority has verified that the dog has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location.
6: A territorial authority that implants in a dog, or causes a dog to be implanted with, a microchip transponder under this section may recover all the costs in relation to the procedure from—
a: the owner of the dog; or
b: the person taking possession of the dog. Section 69A inserted 1 July 2006 section 24 Dog Control Amendment Act 2004 Section 69A(3) brought into force 7 July 2004 section 2(3) Dog Control Amendment Act 2004 Section 69A(6) added 28 June 2006 Dog Control Amendment Act 2006
70: Custody of dog removed for barking
1: Every dog removed under section 56 section 67 subsection (7) section 69
2: The owner of any dog which is, for the time being, kept in custody under subsection (1) may apply at any time to the territorial authority for the return of the dog.
3: Where application is made under subsection (2) and the territorial authority is satisfied the return of the dog will not result in a resumption of the nuisance, the territorial authority shall, subject to subsection (6), return the dog.
4: Any person who has sought the return of a dog under subsection (2) and is dissatisfied with the decision of the territorial authority may appeal to the District Court
5: Subject to subsection (6), unless a dog is earlier returned pursuant to subsection (3) or subsection (4), the territorial authority shall keep the dog in custody until such time as it is satisfied—
a: that proper provision in relation to the dog has been made on the property specified in the notice issued under section 55
b: that the owner has made arrangements for the dog to be kept on a property other than the property from which it was removed.
6: Where the territorial authority has, under section 68(1)(b)
7: In any case where—
a: the notice under section 55
b: the territorial authority requires fees under subsection (6) to be paid before any dog is returned, and those fees have not been paid within 7 days of the receipt by the owner of written notice that the dog will be returned upon payment of those fees,— the territorial authority may dispose of the dog in the manner authorised by section 69 Section 70(1) amended 28 June 2006 Dog Control Amendment Act 2006 Section 70(4) amended 1 March 2017 section 261 District Court Act 2016
71: Retention of dog threatening public safety
1: This section shall apply where—
a: any constable, dog control officer, or dog ranger has, under section 57 section 57A
b: the owner of the dog is to be prosecuted for an offence under section 57 section 57A section 58
c: the dog has been claimed by its owner and any fee payable under section 69(2)
d: the territorial authority is satisfied on reasonable grounds that the release of the dog would threaten the safety of any person, stock, poultry, domestic pet, or protected wildlife.
2: Except as otherwise provided in this section, every dog to which subsection (1) applies shall be kept in custody and given proper care and exercise until the prosecution referred to in subsection (1)(b) is determined by the court.
3: In every case to which subsection (1) applies, the territorial authority shall give written notice in the prescribed form to the person claiming the dog.
4: The owner of any dog which is, for the time being, kept in custody under subsection (2) may apply at any time to the territorial authority for the release of the dog.
5: Where application is made under subsection (4) and the territorial authority is satisfied that the release of the dog will not threaten the safety of any person, stock, poultry, domestic pet, or protected wildlife, the territorial authority shall, subject to subsection (7), return the dog.
6: Any person who has sought the return of a dog under subsection (4) and is dissatisfied with the decision of the territorial authority may appeal to the District Court
7: Where the territorial authority has, under section 68(1)(b)
8: In any case where the territorial authority requires fees under subsection (7) of this section to be paid before any dog is returned, and those fees have not been paid within 7 days of the receipt by the owner of written notice that the dog will be returned upon payment of those fees, the territorial authority may dispose of the dog in the manner authorised by section 69(3) Section 71(1)(a) amended 1 December 2003 section 43(1) Dog Control Amendment Act 2003 Section 71(1)(b) amended 1 December 2003 section 43(2) Dog Control Amendment Act 2003 Section 71(6) amended 1 March 2017 section 261 District Court Act 2016
71A: Disposal of dog seized under section 15 or 33EC
1: A territorial authority may sell, destroy, or otherwise dispose of a dog seized by a dog control officer or dog ranger under section 15(1)(c)
a: if—
i: the territorial authority is not satisfied that the dog will be given access to proper and sufficient food, water, or shelter if the dog is returned to the land or premises from where it was removed; and
ii: the territorial authority has notified the owner of the dog in writing of its decision under subparagraph (i) and the right to appeal against it under section 71B
iii: either—
A: 7 days have elapsed and no appeal has been made; or
B: an appeal has been made under section 71B
b: if—
i: the territorial authority has notified the owner of the dog in writing of the matters set out in subsection (3); and
ii: not less than 7 days have elapsed; and
iii: either the dog—
A: has not been claimed by its owner; or
B: has been claimed by its owner but any outstanding fees owed in relation to the dog under this Act have not been paid; or
c: if, despite making reasonable efforts, the territorial authority has not identified the owner of the dog and the dog has been in its custody for not less than 7 days.
2: A territorial authority may sell, destroy, or otherwise dispose of a dog seized by a dog control officer or dog ranger under section 33EC
a: if—
i: the territorial authority is not satisfied that the dog owner has demonstrated a willingness to comply with section 33E(1) 33EB
ii: the territorial authority has notified the owner of the dog in writing of its decision under subparagraph (i) and the right to appeal against it under section 71B
iii: either—
A: 7 days have elapsed and no appeal has been made; or
B: an appeal has been made under section 71B
b: if—
i: the territorial authority has notified the owner of the dog in writing of the matters set out in subsection (3); and
ii: not less than 7 days have elapsed; and
iii: either the dog—
A: has not been claimed by its owner; or
B: has been claimed by its owner but any outstanding fees owed in relation to the dog under this Act have not been paid; or
c: if, despite making reasonable efforts, the territorial authority has not identified the owner of the dog and the dog has been in its custody for not less than 7 days.
3: A notice under subsection (1)(b)(i) or subsection (2)(b)(i) must state that—
a: the owner's dog is in the custody of the territorial authority; and
b: unless the dog is claimed and any outstanding fees paid no later than 7 days after the owner receives the notice, the territorial authority may sell, destroy, or otherwise dispose of the dog.
4: A territorial authority—
a: may apply any proceeds from the disposal of a dog under this section towards any fees owing in relation to the dog under this Act; and
b: must apply the surplus in accordance with section 9
5: If the territorial authority has, under section 68(1)(b)
a: apply those fees to the sustenance of a dog kept in custody under this section; and
b: require the fees to be paid before the dog is returned under this section.
6: Subsection (5) is subject to any order made by a court under section 71B(4)(b)
7: The disposal of a dog under this section does not cancel the liability of the former owner of the dog to pay any fees owing in relation to the dog under this Act. Section 71A inserted 28 June 2006 Dog Control Amendment Act 2006
71B: District Court to determine appeal
1: The owner of a dog to whom section 71A(1)(a)(ii) or (2)(a)(ii)
2: An appeal must be lodged no later than 7 days after the owner receives a notice under section 71A(1)(b)(i) or (2)(b)(i)
3: The court must consider the matters specified in section 71A(1)(a)(i) or (2)(a)(i)
4: The court may—
a: uphold the territorial authority's decision or order the return of the dog:
b: make an order in respect of any fees owing in relation to the dog under this Act. Section 71B inserted 28 June 2006 Dog Control Amendment Act 2006
72: Offence to release dog from custody
1: Every person commits an offence who, except in accordance with this Act,—
a: releases or uplifts, or attempts to release or uplift, a dog that is, under this Act, in the custody of—
i: a territorial authority, or constable, or dog control officer, or dog ranger; or
ii: any person who, under section 67(b)
b: is in possession of a dog that has been unlawfully released or uplifted from the custody of a person specified in paragraph (a).
2: Every person who commits an offence against subsection (1) is liable on Section 72 substituted 1 December 2003 section 44 Dog Control Amendment Act 2003 Section 72(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
72A: Power of dog control officer or dog ranger to seize released dog
A dog control officer or dog ranger may—
a: seize and impound a dog that has been released or uplifted in breach of section 72
b: retain custody of the dog until the dog control officer, dog ranger, or territorial authority (as the case may be) is satisfied that the requirements under this Act in relation to the initial impounding of the dog have been complied with. Section 72A inserted 7 July 2004 section 25 Dog Control Amendment Act 2004 Miscellaneous provisions
73: No liability where dog wounded in attempt to destroy
1: No person who is entitled under this Act to destroy any dog, and who does so in a reasonable manner or who wounds or maims the dog in the course of attempting to so destroy it, shall be under any criminal or civil liability for the injury done to the dog or its death.
2: Nothing in subsection (1) shall apply to any person who wounds or maims a dog in the course of attempting to destroy it and does not take all reasonable steps to terminate its suffering. 1982 No 42 s 81
74: Limitation of liability for damage
No constable, dog control officer, dog ranger, territorial authority, or warranted officer shall be liable for any loss or damage caused to the owner of any dog or other property or land that is necessitated by the due administration of this Act. 1982 No 42 s 82
75: Disability assist dogs
1: Any disability assist dog accompanying and assisting a person with a disability, or accompanying a person genuinely engaged in the dog's training, may enter and remain—
a: in any premises registered under regulations made under section 120
b: in any public place.
2: However, the person whom the dog is accompanying must comply with any reasonable conditions imposed by the occupier or person controlling the premises or place in relation to the entry or presence of the dog.
3: This section overrides any enactment Section 75 substituted 28 June 2006 Dog Control Amendment Act 2006 Section 75(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021
76: Giving and content of notices
1: Any notice or direction under this Act that is to be given to any particular person shall be in writing and may be given—
a: by delivering it personally to the person to whom it is to be given; or
b: by leaving it, or sending it by post in a letter addressed to the person, at his or her usual or last known place of residence; or
c: by sending it by post in a letter addressed to the person at the address given by the person in a current application to register a dog at his or her address as the owner of a dog.
2: If a notice or direction to which subsection (1) applies is sent by post in a registered letter, that notice or direction shall be deemed for the purposes of this Act, in the absence of proof to the contrary, to be given at the time at which the letter would have been delivered in the ordinary course of post.
3: Every notice or direction to which subsection (1) applies shall—
a: specify—
i: the purpose of the notice; and
ii: the rights of objection (if any) to the matters referred to in the notice; and
iii: the name and address of the dog control officer or other officer of the territorial authority to whom inquiries in respect of the notice may be made; and
iv: if entry on land or premises is intended, the statutory authority for the entry; and
v: in the case of notice that a dog has been impounded, a statement that the dog may be sold, destroyed, or otherwise disposed of unless the dog is claimed and all fees paid within 7 days after the receipt of the notice; and
b: in the absence of proof to the contrary, be sufficiently authenticated if it bears the name of the person giving the notice or direction. 1982 No 42 s 84 1989 No 44 s 86
77: Application of fines
Notwithstanding anything in section 73 person who commenced the proceedings 1982 No 42 s 85 1989 No 44 s 86 Section 77 amended 1 July 2013 section 413 Criminal Procedure Act 2011
78: 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 forms of applications, notices, and other documents for the purposes of this Act and requiring the use of such forms:
b: specifying, for the purposes of section 35(4)
ba: prescribing conditions, standards, or procedures for the implantation of a microchip transponder in a dog in accordance with this Act:
bb: prescribing the types of microchip transponders that may be used for the purposes of this Act, and the standards to which they must conform:
c: subject to subsection (2), regulating or prohibiting the keeping or possession, either generally or within any specified district or within any specified part of New Zealand, of dogs of any specified type or breed or cross-breed:
d: providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: Regulations made under paragraph (c) of subsection (1) that relate to a particular breed or cross-breed of dog shall specify, with due particularity, the criteria that are to be used for the purpose of determining whether a dog is of a particular breed or cross-breed.
3: Every person commits an offence and is liable on $3,000
4: Nothing in subsection (3) makes it an offence for any person—
a: to keep a dog, or to have a dog in that person's possession,—
i: pursuant to a power of seizure conferred by this Act or any other Act; or
ii: in accordance with an order made under this Act for the destruction of that dog:
b: to impound a dog under this Act:
c: to confine a dog in any quarantine facility registered under section 39
d: to hold a dog in the custody of any society established to prevent cruelty to animals.
5: 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 78(1)(ba) inserted 1 December 2003 section 45(1) Dog Control Amendment Act 2003 Section 78(1)(bb) inserted 1 December 2003 section 45(1) Dog Control Amendment Act 2003 Section 78(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 78(3) amended 1 December 2003 section 45(2) Dog Control Amendment Act 2003 Section 78(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
78A: Regulations adding further breed or type to Schedule 4
1: The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister, amend Schedule 4
a: adding a further breed or type of dog to the schedule; or
b: moving the name or description of any dog from part of the schedule to another part of the schedule.
2: An Order in Council made under subsection (1) may not come into force except in accordance with a commencement order made under section 78B
3: An order 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 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 is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 78A inserted 1 December 2003 section 46 Dog Control Amendment Act 2003 Section 78A(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
78B: Procedure for bringing Order in Council made under section 78A into force
1: The Governor-General may, by Order in Council, make a commencement order bringing any Order in Council made under section 78A
2: The commencement order may be made only after the Order in Council made under section 78A
3: A resolution of the House of Representatives approving the Order in Council may be made at any time after—
a: the date that is 28 days after the date on which the order is published under the Legislation Act 2019
b: if the order is published under the Legislation Act 2019
4: An Order in Council made under section 78A
a: a motion to approve the Order in Council is defeated; or
b: no motion to approve the Order in Council is agreed to within 1 year of its date of making.
5: An order 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 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 78B inserted 1 December 2003 section 46 Dog Control Amendment Act 2003 Section 78B(3)(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 78B(3)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 78B(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
78C: Matters to which Minister must have regard before recommending Order in Council under section 78A
1: Before recommending to the Governor-General that an Order in Council be made under section 78A
a: consult with, and consider any advice given by such representatives from local government, animal welfare organisations, dog clubs, and veterinary practices as the Minister considers appropriate; and
b: have regard to the matters set out in subsection (2).
2: The matters that the Minister must have regard to and seek advice, are—
a: the tendency of the breed or type to exhibit aggressive behaviour; and
b: the tendency of the breed or type to attack; and
c: the risks to public safety if the breed or type is not listed in Schedule 4
d: the companion value of the breed or type (if any); and
e: the classification and experience of the breed or type in any other country; and
f: any other matters that the Minister considers relevant. Section 78C inserted 1 December 2003 section 46 Dog Control Amendment Act 2003
78D: Regulations amending Schedule 5
1: The Governor-General may, by Order in Council, amend Schedule 5
a: adding or removing the name of an organisation that is authorised to certify a dog as being a dog that has been trained (or is being trained) to assist a person with a disability; or
b: amending an item in that schedule referring to an organisation.
2: Regulations under this section may be made only on the recommendation of the Minister after the Minister has consulted the Minister for Disability Issues.
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 78D replaced 21 March 2019 section 6 Local Government Regulatory Systems Amendment Act 2019 Section 78D(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
79: Consequential amendments
The enactments specified in Schedule 2
80: Repeals
The enactments specified in Schedule 3 |
DLM392560 | 1996 | New Zealand Security Intelligence Service Amendment Act 1996 | 1: Short Title and commencement
1: This Act may be cited as the New Zealand Security Intelligence Service Amendment Act 1996, and shall be read together with and deemed part of the New Zealand Security Intelligence Service Act 1969
2: This Act shall come into force on the day after the date on which this Act receives the Royal assent.
2: Interpretation
1:
a: This paragraph repealed the definition of the term Commissioner
b: This paragraph repealed the definition of the term New Zealand Intelligence Council
2: This subsection inserted the definition of the term Officials Committee for Domestic and External Security Coordination
3: This subsection substituted the definition of the term security
4: This subsection substituted the definition of the term state services
5: Section 2 of the New Zealand Security Intelligence Service Amendment Act 1977 subsection (2)
3: Act to bind the Crown
This section inserted s 2A
4: Functions of New Zealand Security Intelligence Service
1: This subsection amended s 4
2:
3: Section 3 of the New Zealand Security Intelligence Service Amendment Act 1977 Subsection (2) repealed 1 September 1999 9(c) New Zealand Security Intelligence Service Amendment (No 2) Act 1999
5: Issue of interception warrant
This section substituted s 4A(5)(b)
6: Prevention or detection of serious crime
Section 6 repealed 1 September 1999 9(c) New Zealand Security Intelligence Service Amendment (No 2) Act 1999
7: Repeal of provisions relating to Commissioner of Security Appeals
1: This subsection repealed sections 14 to 24
2: The following enactments are hereby consequentially repealed:
a: Sections 10 to 15 of the New Zealand Security Intelligence Service Amendment Act 1977
b: So much of Schedule 3 Official Information Amendment Act 1987 New Zealand Security Intelligence Service Act 1969
c: So much of Schedule 5 State Sector Act 1988 section 14 New Zealand Security Intelligence Service Act 1969
8: Transitional provision in relation to complaints pending before Commissioner of Security Appeals
Where any complaint made under section 18 New Zealand Security Intelligence Service Act 1969 sections 14 to 24 New Zealand Security Intelligence Service Act 1969 section 7 |
DLM406880 | 1996 | Heavy Engineering Research Levy Amendment Act 1996 | 1: Short Title
This Act may be cited as the Heavy Engineering Research Levy Amendment Act 1996, and shall be read together with and deemed part of the Heavy Engineering Research Levy Act 1978
2: Heavy engineering research levy imposed
1: Subsection (1) s 4(1) (4)
2: Subsection (2) s 4(1) (4)
3: The Heavy Engineering Research Levy Amendment Act 1986 section 3
3: Expenditure of research levy
This section amended s 12
4: New
Schedule 2
1: Subsection (1) Schedule 2
2: The Heavy Engineering Research Levy Amendment Act 1987 section 2 and Schedule 1
5: New
Schedule 3
1: Subsection (1) Schedule 3
2: The Heavy Engineering Research Levy Amendment Act 1987 section 3 and Schedule 2
3: The Heavy Engineering Research Levy Act Amendment Order 1989 (SR 1989/83)
6: Confirmation of levies collected before commencement of this Act
For the avoidance of doubt, it is hereby declared that no imposition or collection of any levy before the commencement of this Act on any goods comprising items of the Tariff is invalid by reason only of the fact that the Tariff item numbers, descriptions of goods, and Tariff statistical key code numbers were incorrectly specified in Schedule 2 3 |
DLM406396 | 1996 | Investment Advisers (Disclosure) Act 1996 | 1: Short Title and commencement
1: This Act may be cited as the Investment Advisers (Disclosure) Act 1996.
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: Interpretation
1: In this Act, unless the context otherwise requires,— Address
a: In the case of an individual, both—
i: The address of the individual's principal place of business in New Zealand (if any) or, if the individual does not have a place of business in New Zealand, the address of the individual's principal place of business outside New Zealand; and
ii: The city, town, or district (whether in New Zealand or elsewhere) in which the principal residence of the individual is situated:
b: In any other case, the address of the person's principal place of business in New Zealand (if any) or, if the person does not have a place of business in New Zealand, the address of the person's principal place of business outside New Zealand: Business Buy Court Director Disclosure section 3 4 Employment Investment advice advice
a: A recommendation, opinion, or guidance given to a member of the public in relation to buying or selling (or not buying or selling) securities; and
b: Without limiting paragraph (a)
c: Do not include—
i: Any such recommendation, opinion, or guidance given by a person whose principal occupation is that of a journalist and that is given in that person's capacity as a journalist; or
ii: Any such guidance about the procedure for buying or selling securities: Investment adviser adviser
a: Where a person is giving investment advice in the course of his or her employment, include both that person and his or her employer; but
b: Do not include the issuer promoter trustee Securities Act 1978 Unit Trusts Act 1960 statutory supervisor Securities Act 1978
c: Do not include a person who only transmits investment advice relating to particular securities given by the issuer promoter trustee Securities Act 1978 Unit Trusts Act 1960 statutory supervisor Securities Act 1978 Investment broker broker
a: Where a person is receiving such investment money or investment property in the course of his or her employment, include both that person and his or her employer; but
b: Do not include—
i: The issuer or a trustee (within the meaning of the Securities Act 1978 Unit Trusts Act 1960
ii: A nominated person of a trustee (within the meaning of the Unit Trusts Act 1960
iii: A nominee of a nominated person of a trustee (within the meaning of the Unit Trusts Act 1960
iv: A statutory supervisor (within the meaning of the Securities Act 1978
v: A security registrar appointed by the issuer— of a security to which the investment money or investment property relates; and
c: Do not include a person who only transmits investment money or investment property to a person to whom paragraph (b) Investment broker and broker: paragraph (b) substituted 3 June 1998 2(1) Investment Advisers (Disclosure) Amendment Act 1998 Investment money money Investment money and money: this definition was substituted 3 June 1998 Investment Advisers (Disclosure) Amendment Act 1998 Investment property property Investment property and property: this definition was substituted 3 June 1998 2(3) Investment Advisers (Disclosure) Amendment Act 1998 Investor Person Receive Remuneration Security Securities Act 1978
a: A security exempted from Part 2 Securities Act 1978 paragraphs (b) to (h)
b: A call debt security Sell
a: Allot, transfer, dispose of, withdraw, or terminate; and
b: Agree to sell, allot, transfer, dispose of, withdraw, or terminate: Seller section 2(1) Securities Act 1978 Send Voting security section 2 Securities Markets Voting security: this definition was amended, as from 1 December 2002 30 Securities Markets Amendment Act 2002 by substituting the word Markets Amendment Working day
a: Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sovereign's Birthday, Labour Day, and Waitangi Day; and
b: A day in the period commencing with the 25th day of December in any year and ending with the 2nd day of January in the following year; and
c: If the 1st day of January in any year falls on a Friday, the following Monday; and
d: If the 1st day of January in any year falls on a Saturday or a Sunday, the following Monday and Tuesday: Writing
a: The recording of words in a permanent and legible form; and
b: The display of words by any form of electronic or other means of communication in a manner that enables the words to be readily stored in a permanent form and, with or without the aid of any equipment, to be retrieved and read;— and written
2: For the purposes only of determining whether investment advice is given to the public or investment money or investment property is received from the public, section 3 Securities Act 1978
3: For the purposes of this Act, unless the context otherwise requires, associated persons persons associated with each other
a: Persons who are relatives Income Tax Act 2007
b: Persons who are partners to whom the Partnership Act 1908
c: Bodies corporate that consist substantially of the same shareholders or are under the control of the same persons; or
d: A body corporate and a person who has the power, directly or indirectly, to exercise, or control the exercise of, the right to vote attached to 25 percent or more of the voting securities of the body corporate; or
e: A body corporate and a person who is a director or principal officer of the body corporate. Section 2(3)(a) amended 1 April 2008 Income Tax Act 2007 Subsection (3)(a) amended 1 April 2005 YA 2 Income Tax Act 2004 by substituting the words Income Tax Act 2004 Income Tax Act 1994 Disclosure by investment advisers and investment brokers
3: Initial disclosure by investment advisers and investment brokers
1: Every investment adviser and investment broker (or, in the case of an adviser or broker that is a body corporate or unincorporate, any of whose directors or secretary) who, during the 5 years preceding the date of giving investment advice or receiving investment money or investment property, as the case may be,—
a: Has been convicted of an offence against this Act, or of a crime involving dishonesty Crimes Act 1961
b: Was a director or principal officer of a body corporate at the time the body corporate committed such an offence; or
c: Has been adjudged bankrupt; or
d: Has been prohibited by an Act or by a court from taking part in the management of a company or a business,— shall, in accordance with section 5
2: Every section 5
a: How payment or delivery of money or delivery of property should be made to the
b: Whether or not the money or property received by the
c: What records will be kept by the
d: Whether or not the receipt, holding, and disbursement of the money and the receipt, holding, and distribution of the property, by the
e: The extent, if any, to which the
f: Such other information as is required to be disclosed under this subsection by regulations made under this Act.
3: For the purposes of subsection (2)(d) auditor section 2C Securities Act 1978 Subsection (2) amended 3 June 1998 3(1)(a) Investment Advisers (Disclosure) Amendment Act 1998 by omitting the words investment adviser and 3 June 1998 3(1)(b) omitting the words adviser or Subsection (3) amended 3 June 1998 3(2) Investment Advisers (Disclosure) Amendment Act 1998 by omitting the words adviser or
4: Request disclosure by investment advisers
1: Every investment adviser shall, on request (whether made orally or in writing) by an investor to whom that adviser is giving or, during the preceding month has given, investment advice, disclose to that investor, as soon as practicable, and in any event not later than 5 working days after the request and in accordance with section 5
a: The name of any relevant organisation with which the adviser has a relationship and a description of that relationship:
b: The types of securities about which the adviser gives advice; and, if the adviser gives advice only about securities of a particular issuer or particular issuers, a statement to this effect and the name of each of the issuers concerned:
c: Any qualifications of the adviser that are relevant to the giving of investment advice, when those qualifications were obtained, and a brief description of the extent to which the adviser has kept up to date the knowledge gained in obtaining those qualifications:
d: A brief description of the adviser's experience as an investment adviser:
e: Whether or not the adviser or an associated person has, or will or may have, a direct or indirect pecuniary or other interest in giving investment advice to the investor (being an interest that is reasonably likely to influence the adviser in giving the advice) and, if so, the nature of that interest:
f: Without limiting paragraph (e)
i: Directly or indirectly, from a person (other than the investor); and
ii: In connection with the giving of the investment advice or a transaction resulting from the giving of the advice,— remuneration that is reasonably likely to influence the adviser in giving the advice, the nature and (to the extent practicable) the amount or rate of the remuneration, and the name of the person from whom the remuneration has been, or will or may be, received:
g: Such other information as is required to be disclosed under this subsection by regulations made under this Act.
2: In this section, the term request paragraphs (a) to (g) Method of disclosure
5: Method of disclosure
Subject to regulations made under this Act, disclosure under this Act to an investor must,—
a: Unless the disclosure is made by way of broadcasting Broadcasting Act 1989
b: In the case of an investment adviser or investment broker, other than an employee of an investment adviser or investment broker, state the name, address, and business telephone number of the investment adviser or investment broker concerned; and
c: In the case of an investment adviser or investment broker who is an employee of an investment adviser or investment broker, state the name of that employee; and
d: Be either received by the investor or delivered or sent to the investor at the investor's last known address or an address (including an electronic address) specified by the investor for this purpose. Disclosure not to be misleading
6: Disclosure not to be misleading
Disclosure under this Act must not be deceptive, misleading, or confusing in a material respect at the time that it is made. Enforcement
7: Power to order certain persons not to give investment advice or receive investment money or investment property
1: Where a person—
a: Has been convicted of an offence against this Act, or of a crime involving dishonesty Crimes Act 1961
b: Has failed, more than once, to comply with this Act; or
c: Was a director or principal officer of a body corporate at the time the body corporate committed such an offence or so failed,— the Court may make an order prohibiting or restricting the person from doing all or any of the following things:
d: Giving investment advice to, or receiving investment money or investment property from, the public:
e: Acting as a director, or taking part directly or indirectly in the management or control, of any company or business that is an investment adviser or an investment broker:
f: Being an employee, or acting as agent, of an investment adviser or an investment broker in a capacity that allows the person to take part in the giving of investment advice to, or receiving investment money or investment property from, the public.
2: Any person may, with the leave of the Court, apply to the Court for an order under this section.
3: An order under this section—
a: May be for a specified period of time or without any time limit, and may be made on such terms and conditions as the Court thinks fit; and
b: May be cancelled or varied at any time by the Court.
4: In proceedings under this section, the Court may make an order for the payment by a party to the proceedings of the whole or part of the full costs (including reasonable costs incurred between solicitor and client, fees, and other expenses) incurred by any other party to the proceedings, and, in any such case, the costs so awarded are recoverable as a debt by the party against whom they have been awarded to the party in whose favour they have been awarded.
8: Injunctions may be granted by Court for contravention
1: The Court may, on the application of any person made with the leave of the Court, grant an injunction restraining a person from engaging in conduct that constitutes or would constitute a contravention of a provision of this Act or an attempt to contravene such a provision.
2: The Court may, at any time, rescind or vary an injunction granted under this section.
3: Where an application is made to the Court under this section for the grant of an injunction restraining a person from engaging in conduct of a particular kind, the Court may,—
a: If it is satisfied that the person has engaged in conduct of that kind—
i: Grant an injunction restraining the person from engaging in conduct of that kind; or
ii: If, in the opinion of the Court, it is desirable to do so, grant an interim injunction restraining the person from engaging in conduct of that kind,— whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or
b: If it appears to the Court that, in the event that an injunction is not granted, it is likely that the person will engage in conduct of that kind,—
i: Grant an injunction restraining the person from engaging in conduct of that kind; or
ii: If, in the opinion of the Court, it is desirable to do so, grant an interim injunction restraining the person from engaging in conduct of that kind,— whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engaged in conduct of that kind.
9: Order to disclose information
Where, on the application of any person made with the leave of the Court, the Court is satisfied that a person has engaged in conduct constituting a contravention of a provision of this Act, the Court may (whether or not that person has previously engaged in such conduct), make an order requiring that person, or any other person involved in the contravention, to disclose, at that person's own expense, to the public, or to a particular person or to persons of a particular class, in such manner as is specified in the order, such information, or information of such kind, as is so specified, being information that is in the possession of the person to whom the order is directed or to which that person has access.
10: Civil action for failure to disclose
1: Where, on the application (made with the leave of the Court) of any person—
a: Who has received investment advice from an investment adviser; or
b: Whose investment money or investment property has been paid or delivered to an investment adviser or an investment broker,— the Court is satisfied that the adviser or broker has engaged in conduct constituting a significant contravention of a provision of this Act, the Court may (whether or not that adviser or broker has previously engaged in such conduct and whether or not the person has suffered any loss as a result of the conduct), make an order requiring that adviser or broker to pay to the person an amount determined by the Court not exceeding,—
c: If the adviser or broker is an individual, $10,000; or
d: In any other case, $30,000— together with the costs (including reasonable costs incurred between solicitor and client, fees, and other expenses) incurred in respect of the proceedings.
2: Proceedings under this section may be commenced at any time within 3 years after the contravention occurred.
11: Offences and penalties
1: Every person who, without reasonable excuse, contravenes any of the provisions of this Act commits an offence and is liable on summary conviction, to a fine not exceeding,—
a: If the person is an individual, $10,000; or
b: In any other case, $30,000.
2: Where a person is convicted, whether in the same or separate proceedings, of 2 or more offences in respect of contraventions of the same provisions of this Act and those contraventions are of the same or a substantially similar nature and occurred at or about the same time, the aggregate amount of any fines imposed on that person in respect of those convictions shall not exceed the amount of the maximum fine that may be imposed in respect of a conviction for a single offence.
3: Proceedings under this section may be commenced at any time within 3 years after the matter giving rise to the contravention arose.
12: Regulations
1: The Governor-General may from time to time, by Order in Council, in accordance with the recommendation of the Securities Commission, make regulations for all or any of the following purposes:
a: Requiring information to be disclosed under section 3 4
b: Prescribing the method of disclosure under this Act:
c: Providing for such other matters, not inconsistent with this Act, as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
2: The provisions of section 70(3) Securities Act 1978 |
DLM406364 | 1996 | Unit Trusts Amendment Act 1996 | 1: Short Title and commencement
1: This Act may be cited as the Unit Trusts Amendment Act 1996, and shall be read together with and deemed part of the Unit Trusts Act 1960
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: Unit trust to have manager and trustee
This section substituted, as from 1 October 1997, section 3(3)
3: Application of Securities Act 1978
This section substituted, as from 1 October 1997, section 7
4: Manager to send audited accounts annually
1: This subsection substituted, as from 1 October 1997, section 11
2: The Financial Reporting Act 1993 Schedule 2 section 11
5: Section 13 This section repealed, as from 1 October 1997, section 13 |
DLM392933 | 1996 | Electoral Amendment Act (No 2) 1996 | 1: Short Title and commencement
1: This Act may be cited as the Electoral Amendment Act (No 2) 1996, and shall be read together with and deemed part of the Electoral Act 1993
2: This Act shall come into force on the day on which this Act receives the Royal assent.
2: Functions
This section inserted s 5(ba)
3: Membership
This section inserted s 8(4)
4: Term of office
1: This subsection inserted s 10(1A)
2: This subsection amended s 10(3)
5: Vacation of office
This section inserted s 11(3A)
6: Maximum amount of parties' election expenses
This section inserted s 214B(4) (5)
7: Electoral petitions to Court of Appeal
This section amended s 258
8: Provisions applied
This section amended s 261
9: Meetings of Commission
This section inserted clause 2A
10: Transitional provision in relation to membership of Electoral Commission
Every person who holds office as a member of the Broadcasting Standards Authority under section 26(3)(b) Broadcasting Act 1989 section 8(4)(b) section 3 |
DLM392241 | 1996 | Intelligence and Security Committee Act 1996 | 1: Short Title and commencement
1: This Act may be cited as the Intelligence and Security Committee Act 1996.
2: This Act shall come into force on the day after the date on which this Act receives the Royal assent.
2: Interpretation
1: In this Act, unless the context otherwise requires,— chief executive
a: in relation to the New Zealand Security Intelligence Service, means the Director of Security holding office under the New Zealand Security Intelligence Service Act 1969
b: in relation to the Government Communications Security Bureau, means the Director of that Bureau:
c: in relation to an agency that, by virtue of an Order in Council made under subsection (2), is an intelligence and security agency for the purposes of this Act, means the chief executive of that agency Committee section 5 intelligence and security agency
a: the New Zealand Security Intelligence Service:
b: the Government Communications Security Bureau:
c: any other agency declared by the Governor-General from time to time by Order in Council as an intelligence and security agency for the purposes of this Act New Zealand Security Intelligence Service section 3 nominated member section 7(1)(c) sensitive information section 3 working day
a: Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi 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 declare any agency to be an intelligence and security agency for the purposes of this Act.
3: An Order in Council made under subsection (2) is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 section 41 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(3) replaced 5 August 2013 section 77(3) Legislation Act 2012
3: Definition of sensitive information
1: Subject to subsection (2), in this Act, unless the context otherwise requires, sensitive information
a: information that might lead to the identification of, or provide details of,—
i: sources of information available to an intelligence and security agency; or
ii: other assistance or operational methods available to an intelligence and security agency; or
b: information about particular operations that have been undertaken, or are being or are proposed to be undertaken, in pursuance of any of the functions of an intelligence and security agency; or
c: information that has been provided to an intelligence and security agency by another department or agency of the Government of New Zealand and is information that cannot be disclosed by the intelligence and security agency without the consent of the department or agency of the Government of New Zealand by which that information has been provided; or
d: information that has been provided to an intelligence and security agency by the government of any other country or by an agency of such a government and is information that cannot be disclosed by the intelligence and security agency without the consent of the government or agency by which that information has been provided.
2: Information to which subsection (1) applies shall be considered to be sensitive information only if the disclosure of the information would be likely—
a: to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
b: to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by—
i: the government of any other country or any agency of such a government; or
ii: any international organisation; or
c: to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or
d: to endanger the safety of any person.
4: Act to bind the Crown
This Act shall bind the Crown. Intelligence and Security Committee
5: Intelligence and Security Committee
There is hereby established a committee to be known as the Intelligence and Security Committee.
6: Functions of Committee
1: The functions of the Committee are—
a: subject to subsection (2), to examine the policy, administration, and expenditure of each intelligence and security agency:
ab: without limiting paragraph (a), to conduct an annual financial review of the performance of an intelligence and security agency in the previous financial year after the responsible Minister has submitted a copy of the agency's annual report to the Committee:
b: subject to subsection (2), to consider any bill, petition, or other matter in relation to an intelligence and security agency referred to the Committee by the House of Representatives:
c: to receive and consider the annual report of each intelligence and security agency:
d: to consider any matter (not being a matter relating directly to the activities of an intelligence and security agency) referred to the Committee by the Prime Minister by reason of that matter's security or intelligence implications:
e: subject to section 18
i: to present an annual report to the House of Representatives on the activities of the Committee; and
ii: to make an annual report publicly available on the Internet site of the New Zealand Parliament:
f: to consider and discuss with the Inspector-General of Intelligence and Security his or her annual report as presented to the House of Representatives under section 27(3)
2: The functions of the Committee do not include—
a: inquiring into any matter within the jurisdiction of the Inspector-General of Intelligence and Security appointed under section 5
b: inquiring into any matter that is operationally sensitive, including any matter that relates to intelligence collection and production methods or sources of information; or
c: originating or conducting inquiries into complaints by individuals concerning the activities of an intelligence and security agency that are capable of being resolved under any other enactment. Section 6(1)(ab) inserted 26 September 2013 section 4(1) Intelligence and Security Committee Amendment Act 2013 Section 6(1)(e) replaced 26 September 2013 section 4(2) Intelligence and Security Committee Amendment Act 2013 Section 6(1)(f) inserted 26 September 2013 section 4(2) Intelligence and Security Committee Amendment Act 2013
7: Membership of Committee
1: The Committee shall consist of—
a: the Prime Minister:
b: the Leader of the Opposition:
c: 2 members of the House of Representatives nominated for the purpose by the Prime Minister following consultation with the leader of each party in Government:
d: 1 member of the House of Representatives nominated for the purpose by the Leader of the Opposition, with the agreement of the Prime Minister, following consultation with the leader of each party that is not in Government or in coalition with a Government party.
2: Every person who nominates any person for membership of the Committee shall have regard to the requirements of security.
3: The chairperson of the Committee shall be the Prime Minister or such other member of the Committee as shall be appointed from time to time by the Prime Minister as the chairperson of the Committee.
4: For the avoidance of doubt, it is hereby declared that any member of Parliament who acts as a member of the Committee shall be deemed, in so acting, to be acting in his or her official capacity as a member of Parliament.
7A: Further provisions relating to chairperson and Leader of the Opposition
1: Subsection (2)
a: the Committee is, in the course of conducting a financial review of an intelligence and security agency, discussing any matter relating to the performance of the intelligence and security agency; and
b: the Prime Minister is the responsible Minister under the legislation governing the intelligence security agency.
2: If the Prime Minister is chairing the meeting of the Committee at which the matter is discussed,—
a: the Prime Minister must not act as chairperson of the Committee; and
b: another member of the Committee nominated by the Prime Minister, being one of the 2 members appointed under section 7(1)(c)
3: The chairperson of the Committee may appoint either of the following (if not already a member of the Committee) to be an alternate chairperson to act as chairperson at the discretion of the chairperson in the absence of the chairperson at a meeting of the Committee:
a: the Deputy Prime Minister:
b: the Attorney-General.
4: The Leader of the Opposition may appoint the person who acts as his or her deputy in the House of Representatives to act in place of the Leader of the Opposition in the absence of the Leader of the Opposition at a meeting of the Committee. Section 7A inserted 26 September 2013 section 5 Intelligence and Security Committee Amendment Act 2013
8: Endorsement of nominated members
1: The Prime Minister shall, as soon as practicable after the commencement of each Parliament, submit to the House of Representatives, for endorsement, the names of the members of the House of Representatives nominated under paragraphs (c) and (d) of section 7(1)
2: If the House of Representatives declines to endorse as a member of the Committee any member of the House of Representatives nominated under this section or section 11(1) paragraph (c) or paragraph (d) of section 7(1)
3: The Committee shall not transact any business until, as required by paragraphs (c) and (d) of section 7(1)
9: Revocation of nomination
1: The Prime Minister may at any time revoke the nomination of any person nominated by the Prime Minister under section 7
2: The Leader of the Opposition may at any time revoke the nomination of any person nominated by the Leader of the Opposition under section 7
10: Suspension and cessation of membership
1: Where a member of the House of Representatives who is a member of the Committee is suspended from the service of the House of Representatives, that member shall be deemed to be suspended from membership of the Committee.
2: A person ceases to be a member of the Committee—
a: if that person is a nominated member of the Committee and that person's nomination as a member of the Committee is revoked under section 9
b: if Parliament is dissolved or expires:
c: if, before Parliament is dissolved or expires, that member ceases to be a member of the House of Representatives.
3: A nominated member may at any time resign from the Committee by writing signed by the member and addressed to the Prime Minister or the Leader of the Opposition, as the case may require.
11: Extraordinary vacancies
1: Where—
a: any nominated member ceases, before Parliament is dissolved or expires, to be a member of the House of Representatives; or
b: the nomination of any nominated member is revoked under section 9 his or her office as a nominated member of the Committee shall become vacant and the Prime Minister or the Leader of the Opposition, as the case may require, shall nominate another member of the House of Representatives to fill the vacancy and shall submit to the House of Representatives for endorsement the name of the member of the House of Representatives nominated as a member of the Committee.
2: Where the member who vacated office was nominated by the Prime Minister for membership of the Committee, the nomination for the purposes of subsection (1) shall be made by the Prime Minister following consultation with the leader of each party in Government.
3: Where the member who vacated office was nominated by the Leader of the Opposition for membership of the Committee, the nomination for the purposes of subsection (1) shall be made by the Leader of the Opposition, with the agreement of the Prime Minister, following consultation with the leader of each party that is not in Government or in coalition with a Government party.
4: No person nominated under subsection (1) shall take office as a member of the Committee until that person's nomination has been endorsed by the House of Representatives.
12: Conduct of proceedings
1: Subject to the provisions of this Act, the proceedings of the Committee shall be conducted in accordance with the Standing Orders of the House of Representatives.
2: The proceedings of the Committee shall be held in private unless the Committee by unanimous resolution resolves otherwise.
2A: However, subsection (2) does not apply when the Committee is performing its function specified in section 6(1)(ab)
3: Where the proceedings of the Committee are conducted in private, the Committee may, having regard to the requirements of security and to such other matters as the Committee thinks fit, give directions as to the persons who may be present. Section 12(2A) inserted 26 September 2013 section 6 Intelligence and Security Committee Amendment Act 2013
13: Meetings of Committee
1: Every meeting of the Committee shall be convened by the Prime Minister.
2: The chairperson of the Committee shall preside at all meetings of the Committee.
3: The quorum necessary for the transaction of business at any meeting of the Committee shall be the chairperson and 3 other members of the Committee.
4: Every question arising at any meeting of the Committee shall be determined by a majority of votes of the members present and voting on it.
5: Where, at any meeting of the Committee, the only members present are the chairperson and 3 other members of the Committee, the chairperson shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.
6: No member of the Committee may be represented at any meeting of the Committee by any other person.
6A: Subsection (6) applies subject to section 7A
7: The chief executive of the Department of the Prime Minister and Cabinet shall, with the concurrence of the Committee, appoint such officers as are required to assist the Committee in the conduct of its business.
8: Only a person who has an appropriate security clearance may be appointed to assist the Committee. Section 13(6A) inserted 26 September 2013 section 7 Intelligence and Security Committee Amendment Act 2013
14: Attendance before Committee
1: The chief executive of an intelligence and security agency shall appear before the Committee when requested by the Committee to do so.
2: The Committee may request any person other than the chief executive—
a: to attend and give evidence before the Committee; or
b: to produce any document or other information that is relevant to the proceedings of the Committee.
3: Every request made to a person under subsection (1) or subsection (2) shall, wherever practicable, be given to that person by the Committee at least 5 working days before the date on which the person is requested—
a: to appear; or
b: to attend and give evidence; or
c: to produce any document or other information.
15: Judicial proceedings
1: No proceedings, civil or criminal, shall lie against any member of the Committee, or any person appointed under section 13(7)
2: No member of the Committee, or person appointed under section 13(7)
3: Nothing in subsection (1) or subsection (2) applies in respect of proceedings for an offence against section 20
16: Privilege
1: The proceedings of the Committee shall be deemed to be proceedings in Parliament for the purposes of Article 9 of the Bill of Rights 1688 and the Parliamentary Privilege Act 2014
2: Anything said or any information supplied or any document, paper, or thing produced by any person in the course of any inquiry or proceedings of the Committee under this Act shall be privileged in the same manner as if the inquiry or proceedings were proceedings in Parliament (as defined in section 10 Section 16(1) amended 8 August 2014 section 37(2) Parliamentary Privilege Act 2014 Section 16(2) amended 8 August 2014 section 37(3) Parliamentary Privilege Act 2014 Disclosure of information
17: Provision of information to Committee
1: If the chief executive of an intelligence and security agency or any other person is asked by the Committee to disclose any documents or other information in his or her possession relevant to the matters being considered by the Committee, that chief executive or other person shall, subject to subsections (2) and (3), either—
a: arrange for those documents or that information to be made available to the Committee; or
b: inform the Committee that those documents or that information cannot be disclosed because, in the opinion of the chief executive of the relevant intelligence and security agency, those documents are, or that information is, sensitive information.
2: The fact that any particular documents are, or any particular information is, sensitive information shall not prevent the disclosure of those documents or that information under subsection (1)(a) if,—
a: in any case where the documents are, or the information is, in the possession or under the control of the chief executive of an intelligence and security agency, that chief executive considers it safe to disclose them; or
b: in any case where the documents are, or information is, in the possession or under the control of any other person, the chief executive of the relevant intelligence and security agency considers it safe to disclose them.
3: Subject to subsection (4), information that has not been disclosed to the Committee on the ground specified in subsection (1)(b) shall be disclosed to the Committee if the Prime Minister considers it desirable in the public interest.
4: Subsection (3) of this section shall not apply to information that is sensitive information under subsections (1)(d) and (2) of section 3
5: Where any document or other information having a security classification is provided to the Committee, the Committee shall ensure that the document or information—
a: is kept in safe custody in accordance with the requirements applying to the safe custody of documents in the intelligence and security agencies; and
b: is returned to the originating intelligence and security agency when no longer required by the Committee.
6: Where the Committee is responsible for the production of a document that has a security classification, the Committee shall ensure that the document is kept in safe custody in accordance with the requirements applying to the safe custody of documents in the intelligence and security agencies.
18: Restrictions on reports to House of Representatives
1: The Committee shall in discharging its function of presenting an annual report or other report
2: The Committee shall not in a report to the House of Representatives disclose—
a: information the public disclosure of which would be likely to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence—
i: by the government of any other country or any agency of such a government; or
ii: by any international organisation; or
b: information the public disclosure of which would be likely to endanger the safety of any person; or
c: any sensitive information disclosed to the Committee in accordance with subsection (2) or subsection (3) of section 17
3: The Committee shall not in a report to the House of Representatives disclose—
a: the identity of any person who is or has been an officer, employee, or agent of an intelligence and security agency other than the chief executive, or any information from which the identity of such a person could reasonably be inferred; or
b: information the public disclosure of which would be likely—
i: to prejudice the continued discharge of the functions of an intelligence and security agency; or
ii: to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand,— unless the Committee considers that there are compelling reasons in the public interest why the information should be so disclosed or published. Section 18(1) amended 26 September 2013 section 8 Intelligence and Security Committee Amendment Act 2013
19: Secrecy
1: No person who is, or has at any time been, a person assisting the Committee by virtue of an appointment under section 13(7)
a: any sensitive information disclosed to the Committee in accordance with subsection (2) or subsection (3) of section 17
b: any other information provided to the Committee by an intelligence and security agency the further disclosure of which would be likely to prejudice any of the interests referred to in paragraphs (a) to (c) of section 18(2)
2: No person shall disclose to any other person any minutes or other record relating to the proceedings of any meeting of the Committee unless—
a: the disclosure of the minutes or record is necessary for the purposes of—
i: a report to the House of Representatives (being a report that complies with section 18
ii: the conduct of the business of the Committee; or
b: the disclosure is authorised in writing by the Committee or its chairperson.
20: Offences
1: No person who is, or has at any time been, a person assisting the Committee by virtue of an appointment under section 13(7)
a: make a record of, or disclose to any person, any information acquired by the person assisting the Committee in his or her capacity as a person assisting the Committee or acquired by the person appearing before the Committee by virtue of that person's appearance before the Committee; or
b: make use of any such information.
2: Every person commits an offence and shall be liable on conviction section 19
3: No prosecution for an offence against this section shall be commenced except with the leave of the Attorney-General.
4: Amendment(s) incorporated in the Act(s) Section 20(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Periodic reviews Heading inserted 26 September 2013 section 9 Intelligence and Security Committee Amendment Act 2013
21: Requirement to hold periodic reviews
A review of the intelligence and security agencies, the legislation governing them, and their oversight legislation must, in accordance with the terms of reference specified under section 22(3)(a)
a: commenced before 30 June 2015; and
b: afterwards, held at intervals not shorter than 5 years and not longer than 7 years. Section 21 inserted 26 September 2013 section 9 Intelligence and Security Committee Amendment Act 2013
22: Appointment of reviewers and related matters
1: A review under section 21 reviewers
2: The reviewers appointed under subsection (1)
3: The Attorney-General must also specify—
a: the terms of reference for the review, which may include any matter relevant to the functions, effectiveness, and efficiency of the intelligence and security agencies and their contribution to national security; and
b: any matters that he or she considers that the reviewers should take into account in determining how to conduct the review; and
c: the date by which the review is to be concluded.
4: Before doing anything under this section, the Attorney-General must consult the Committee.
5: The persons appointed as reviewers, the terms of reference of the review, any matters specified in relation to the conduct of the review, and the date by which the review must be concluded must be notified in the Gazette Section 22 inserted 26 September 2013 section 9 Intelligence and Security Committee Amendment Act 2013
23: Provision of information
To assist the reviewers to conduct their review,—
a: the reviewers may ask the chief executive of an intelligence and security agency and the Inspector-General of Intelligence and Security to provide information; and
b: the chief executive of an intelligence and security agency or the Inspector-General of Intelligence and Security may provide information to the reviewers, whether in response to a request under paragraph (a) Section 23 inserted 26 September 2013 section 9 Intelligence and Security Committee Amendment Act 2013
24: Report of reviewers
1: After completing a review, the reviewers must prepare a report containing the results of their review.
2: The report must be provided to the Committee by the date specified for the completion of the review.
3: After the Committee has considered the report, the Committee must present the report to the House of Representatives.
4: For the purposes of subsection (3) section 18 Section 24 inserted 26 September 2013 section 9 Intelligence and Security Committee Amendment Act 2013
25: Remuneration of reviewers
1: A reviewer is entitled—
a: to receive remuneration not within paragraph (b)
b: in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a reviewer.
2: For the purposes of subsection (1) fees framework Section 25 inserted 26 September 2013 section 9 Intelligence and Security Committee Amendment Act 2013
26: Provision of administrative and other support
1: The Ministry of Justice is responsible for providing to the reviewers the administrative, secretarial, and other support necessary for the reviewers to conduct their review effectively and efficiently.
2: A person providing administrative, secretarial, or other support under subsection (1) Section 26 inserted 26 September 2013 section 9 Intelligence and Security Committee Amendment Act 2013
27: Reviewers to determine own procedure
The reviewers may determine their own procedure subject to any matters specified under section 22(3)(b) Section 27 inserted 26 September 2013 section 9 Intelligence and Security Committee Amendment Act 2013 |
DLM407454 | 1996 | Resource Management Amendment Act 1996 | 1: Short Title and commencement
1: This Act may be cited as the Resource Management Amendment Act 1996, and shall be read together with and deemed part of the Resource Management Act 1991
2: This Act shall come into force on the day on which it receives the Royal assent.
2: Interpretation
This section amended section 2(1) proposed plan
3: Successors
This section inserted section 2A
4: Certain existing building works allowed
This section inserted section 10B
5: Changes to plans which will allow activities
Section 5 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
6: Planning Tribunal re-named Environment Court
1: This subsection substituted section 247
2: On and after the commencement of this section, every reference in the principal Act or any other Act or in any rule, regulation, bylaw, judgment, order, contract, agreement, or other document whatsoever—
a: To the Planning Tribunal shall be read as a reference to the Environment Court:
b: To a Planning Judge shall be read as a reference to an Environment Judge:
c: To a Planning Commissioner or a Deputy Planning Commissioner shall be read, respectively, as a reference to an Environment Commissioner or Deputy Environment Commissioner.
7: Appointment of Environment Judges and alternate Environment Judges
This section amended s 250(3)(a)
8: Eligibility for appointment as Environment Commissioner or Deputy Environment Commissioner
This section inserted s 253(da)
9: Appointment of Environment Commissioner or Deputy Environment Commissioner
This subsection substituted section 254(3) s 254(4)
10: When a Deputy Environment Commissioner may act
This section amended section 255(1)(a)
11: Submitter may be party to proceedings
This section inserted section 271A
12: Successors to parties to proceedings
This section amended section 273
13: Representation at proceedings
This section amended section 274(1)
14: Environment Court has powers of District Court
This section substituted section 278(1)
15: Powers of Environment Commissioner sitting without Environment Judge
This section amended section 280
16: Reply to appeal or request for inquiry
This section substituted section 289
17: Notice of appeal
This section amended section 300(5)
18: New sections (relating to infringement offences) inserted
This section inserted sections 343A to 343D
19: Regulations
This section inserted section 360(1)(ba) (bb)
20: Right of port companies to occupy coastal marine area
This section inserted section 384A(12)
21: Existing geothermal licences and authorisations deemed to be water permits
This section inserted section 387(4)(aa)
22: Uses of lakes and rivers not restricted by
section 9
1: This subsection substituted section 417A(1) s 417A(1A) (1B)
2: The Resource Management (Transitional) Regulations 1994 (SR 1994/34)
23: Certain existing permitted uses may continue
1: This subsection amended section 418
2: This subsection amended section 418
3: This subsection amended section 418
4: The following regulations are hereby revoked:
a: The Resource Management (Transitional Provisions) Regulations 1994 (SR 1994/197)
b: The Resource Management (Transitional Provisions) Regulations 1994, Amendment No 1 (SR 1995/60)
24: Savings as to bylaws
1: This subsection amended section 424
2: This subsection amended section 424
3: Section 202(1) Resource Management Amendment Act 1993
25: Decision of local authority
This section inserted clause 10(2) (3)
26: Notification of decision
This section amended clause 11(1)
27: Merger with proposed policy statement or plan
This section inserted clause 16B(2)
28: Validation
1: Any proposed policy statement or proposed plan, or policy statement or plan, or part thereof, on which a decision has been made, under clause 10
2: Any proposed policy statement or proposed plan, or policy statement or plan, or part thereof, on which a decision has been made, under clause 10
3: For the purposes of subsection (2) clause 10 |
DLM386831 | 1996 | Tokelau Amendment Act 1996 | 1: Short Title and commencement
1: This Act may be cited as the Tokelau Amendment Act 1996, and shall be read together with and deemed part of the Tokelau Act 1948
2: Except as provided in section 10(2)
1: Amendments to principal Act
2: Interpretation
a: This paragraph repealed the definition of the term Faipule s 2(3)
b: This paragraph repealed the definition of the term General Fono s 2(3)
3: New sections inserted
This section inserted sections 3A to 3G
4: New sections substituted
1: This subsection substituted, section 4A s 4B s 5
2: This subsection amended s 4(2)
5: Acts Interpretation Act in force in Tokelau
This section inserted s 8(2A)
6: Ordinances of Gilbert and Ellice Islands Colony to cease to apply in Tokelau
This section inserted s 8A
2: Amendments to
Tokelau Amendment Act 1986
7: High Court of New Zealand to be a court of law for Tokelau
This section amended section 3(2) Tokelau Amendment Act 1986
8: Appointment of Commissioners
1: This section substituted section 5(2) (3) Tokelau Amendment Act 1986
2: Every person who, immediately before the commencement of this section, holds office as a Commissioner under section 5 Tokelau Amendment Act 1986
a: Shall continue to hold office; and
b: Unless sooner vacating office under subsection (4) (5)
9: Jurisdiction of Commissioners
This section substituted s 7(3) Tokelau Amendment Act 1986
10: Correcting drafting error
1: This subsection substituted section 18(1)(c) Tokelau Amendment Act 1986
2: This section shall be deemed to have come into force on the 1st day of August 1986.
3: Consequential amendments
11: Consequential repeals and revocation
1: The following enactments are hereby consequentially repealed:
a: The Tokelau Amendment Act 1982
b: Section 19 Tokelau Amendment Act 1986
2: The Tokelau Amendment Act (Community Services Levy) Order 1994 (SR 1994/187)
12: Community services levy to continue until rules made by General Fono
Until such time as the General Fono makes rules under section 3A section 3
a: The repeal, by section 11(1)(a) Tokelau Amendment Act 1982
b: The revocation, by section 11(2) Tokelau Amendment Act (Community Services Levy) Order 1994 the provisions of that Act, as they existed immediately before the commencement of this section, and that order, shall continue in force as if that Act had not been so repealed, and as if that order had not been so revoked, and the community services levy imposed by that Act shall be payable accordingly. |
DLM377336 | 1996 | Customs and Excise Act 1996 | 1: Short Title and commencement
1: This Act may be cited as the Customs and Excise Act 1996.
2: Except as provided in subsection (3), this Act shall come into force on a date to be appointed by the Governor-General by Order in Council.
3: Sections 81 306 Section 1(2) brought into force 1 October 1996 clause 2 Customs and Excise Act Commencement Order 1996
2: Interpretation
1: In this Act, unless the context otherwise requires,— 2010 Excise and Excise-equivalent Document section 76A aircraft Armed Forces section 2 arrival
a: in relation to a craft, includes the arrival of the craft, whether lawfully or unlawfully, in New Zealand from a point outside New Zealand whether or not the craft lands at, hovers above, berths, moors, anchors, or stops at, or otherwise arrives at any place within New Zealand; and
b: in relation to a person, means the entry of the person by any means, whether lawfully or unlawfully, into New Zealand from a point outside New Zealand; and arriving arrived arrival hall section 12 authorised person section 6 beer biofuel biofuel blend biometric information
a: 1 or more of the following kinds of information:
i: a photograph of all or any part of the person’s head and shoulders:
ii: impressions of the person’s fingerprints:
iii: a scan of the person’s irises; and
b: an electronic record of the information that is capable of being used for biometric matching boat cargo aggregator
a: in bulk cargo containers, or otherwise; and
b: under a shared space, or other negotiated volume of cargo, arrangement with the craft's owner or operator chief executive State Sector Act 1988 coastal cargo compounding to compound compounder computer system
a: a computer:
b: 2 or more interconnected (within the meaning of subsection (4)
c: any communication links between computers or to remote terminals or another device:
d: 2 or more interconnected (within the meaning of subsection (4) contractor craft the Customs Customs airport section 9 Customs Appeal Authority Authority section 244 Customs-approved area for storing exports CASE
a: that is used for the purpose in section 19B
b: that is not required to be, but that is, licensed as a Customs-approved area for storing exports (or CASE) under section 12(1) section 19C(2) Customs-approved secure exports scheme section 53C
a: for the packing of the goods, in a Customs-approved secure package, by approved persons, in approved conditions, and subject to approved requirements (including, without limitation, a requirement that a seal, marking, substance, or device
i: to show that, when it was secured, the package contained only the goods, and was secured in an approved way; and
ii: to help to identify interference or tampering with the package after it is secured); and
b: for the immediate conveyance (on the completion of the packing of the goods in that way) of the Customs-approved secure package, by approved persons and in an approved manner, to the place of shipment for shipping, or, if it is not in that way immediately conveyed and shipped, to some approved place or places of security en route to the place of shipment; and
c: for the goods, from the time when they are first secured in a Customs-approved secure package until the exportation of the goods to a point outside New Zealand, to be goods subject to the control of the Customs; and
d: for the powers of detention and search in section 144(4)
i: subject to the control of the Customs; and
ii: in a Customs-approved secure package; and
e: for a Customs officer to be empowered, under section 146(2)
i: a person who is the owner or operator of a vehicle that a Customs officer has reasonable cause to suspect has in or on it, or has within the previous 72 hours had in or on it, goods subject to the control of the Customs and in a Customs-approved secure package:
ii: a person who is the owner or occupier of premises that a Customs officer has reasonable cause to suspect have in or on them, or have within the previous 72 hours had in or on them, goods subject to the control of the Customs and in a Customs-approved secure package:
iii: a person employed by a person described in subparagraph (i) or (ii); and
f: for the powers in section 151
i: subject to the control of the Customs; and
ii: in a Customs-approved secure package Customs-approved secure package section 53C Customs controlled area section 10 Customs direction Customs dog Customs officer officer
a: in any provision of this Act, and in any enactment that is not this Act or a portion of it but that uses the definition in this subsection of both or either of those terms, means a person who is—
i: a person appointed by the chief executive as a Customs officer for the purpose of this Act; or
ii: any other person employed by the chief executive and who is declared, whether at the time of appointment or otherwise, by the chief executive to be a Customs officer for the purpose of this Act; and
b: in a provision of this Act (other than this section, and sections 6(4) 7 38P 175
i: is performing or exercising a function or power in accordance with that person's authorisation; and
ii: is therefore required by section 6(4) Customs place section 9 Customs port section 9 Customs revenue revenue of the Customs Customs seal , marking, substance, or device use in relation section 53A
a: to show that, when it was secured, the package contained only the goods, and was secured in an approved way :
b: to help to identify interference or tampering with the package after it is secured Customs value value Schedule 2 dangerous item
a: any firearm (as defined in section 11(2)
b: any dangerous or offensive weapon or instrument of any kind whatsoever; or
c: any ammunition; or
d: any explosive substance or device, or any other injurious substance or device of any kind whatsoever that could be used to endanger a person's safety defence area section 2 Defence Force section 2 departure hall section 12 document
a: means a document in any form, whether or not signed or initialled or otherwise authenticated by the maker; and
b: includes—
i: any form of writing on material:
ii: information recorded, transmitted, or stored by means of a tape recorder, computer, or other device, and material subsequently derived from information so recorded, transmitted, or stored:
iii: a label, marking, or other form of writing that identifies any thing of which it forms part or to which it is attached by any means:
iv: a book, map, plan, graph, or drawing:
v: a 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 domestic cargo
a: a craft that—
i: begins its journey outside New Zealand; and
ii: in the course of that journey, enters New Zealand and travels between at least 2 Customs places in New Zealand; or
b: a craft that—
i: begins its journey at a Customs place in New Zealand; and
ii: in the course of that journey, travels to at least 1 other Customs place in New Zealand before leaving New Zealand,— are within that Customs controlled area or are being carried on such a craft from one Customs place to another Customs place or, having been so carried on such a craft, are awaiting removal from a Customs controlled area at a Customs place domestic passenger
a: a craft that—
i: begins its journey outside New Zealand; and
ii: in the course of that journey, enters New Zealand and travels between at least 2 Customs places in New Zealand; or
b: a craft that—
i: begins its journey at a Customs place in New Zealand; and
ii: in the course of that journey, travels to at least 1 other Customs place in New Zealand before leaving New Zealand domestic sector dutiable goods duty
a: excise duty and excise-equivalent duty imposed under Part 7
b: a duty imposed under the Tariff Act 1988
ba: provisional safeguard duty, safeguard duty, and extended safeguard duty imposed under the Trade (Safeguard Measures) Act 2014
c: a duty imposed pursuant to the Trade (Anti-dumping and Countervailing Duties) Act 1988
d: a duty or tax imposed by section 12
e: levies imposed by section 213(2)(c) Accident Compensation Act 2001
f: levies imposed by the Energy (Fuels, Levies, and References) Act 1989 electronic publication excisable goods Excise and Excise-equivalent Duties Table section 76A excise item number
a: means excise items that appear in the Excise and Excise-equivalent Duties Table and are identified by 6 digits and 1 alphabetical check letter; and
b: includes the heading to those excise items that appear in that Table and are identified in that way export warehouse section 12 section 10(b) exportation
a: except where otherwise expressly provided, means any shipment in any craft for transportation to a point outside New Zealand; and
b: in relation to an electronic publication referred to in section 56 exporter forfeited goods section 225 goods goods subject to the control of the Customs section 20 importation
a: in relation to any goods, means the arrival of the goods in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand; and
b: in relation to electronic publications referred to in section 54(1)(aa) importer international cargo international crew
a: began outside New Zealand; or
b: began in New Zealand and is to continue outside New Zealand international passenger
a: began outside New Zealand; or
b: began in New Zealand and is to continue outside New Zealand internationally ticketed passenger
a: began outside New Zealand; or
b: began in New Zealand and is to continue outside New Zealand Joint Border Management System JBMS section 131A liquefied petroleum gas manufacture
a: if the goods are tobacco, the process of cutting, pressing, grinding, crushing, or rubbing raw or leaf tobacco, or otherwise preparing raw or leaf tobacco or manufactured or partially manufactured tobacco, and of making cigarettes whether from duty-paid or from non-duty-paid tobacco, and of putting up for use or consumption scraps, waste, chippings, stems, or deposits of tobacco resulting from processing tobacco:
b: if the goods are a fuel, any operation, or process, involved in the production of the goods:
c: if the goods are neither tobacco nor a fuel,—
i: any operation, or process, involved in the production of the goods; and
ii: any ancillary process (as defined in subsection (3)) that takes place on premises that are not licensed, or required to be licensed, under the Sale and Supply of Alcohol Act 2012 manufactured tobacco manufacturing area section 12 section 10(a) Minister New Zealand
a: means the land and the waters enclosed by the outer limits of the territorial sea of New Zealand (as described in section 3
b: includes the contiguous zone of New Zealand (as described in section 8A
i: sections 23(1) and (4) 142
ii: sections 22(1)(c) and (d) 28(1) 139(1) and (2) 140(1) 143(1AA) 143(1) 149(a) and (b)
iii: section 149(a) and (b) 149B(2)
iv: sections 166A 226(2) New Zealand Customs Service section 5 occupier operator overseas company section 2 overseas register section 2 owner
a: in relation to a craft, includes the owner or charterer of the craft, and a person acting as agent for the owner or charterer; and
b: in relation to goods, includes the importer or a person having possession of or who is beneficially interested in the goods; and
c: in relation to land, means the person entitled to receive the rack rent thereof, or who would be so entitled if the land were let to a tenant at the rack rent package personal information prescribed
a: in respect of the matters described in section 288
b: in respect of all other matters, prescribed by regulations made under this Act prohibited exports or electronic publications section 56 prohibited goods prohibited imports section 54 Public Service section 2 rectifying Research Octane Number (RON) responsible Minister of the Crown ship shipment to ship spirits tobacco uncustomed goods unlawfully exported unlawfully imported vehicle working day
2: For the purposes of this Act,—
a: the term alcoholic strength
b: the alcoholic strength by volume of a mixture of water and ethyl alcohol is the ratio of the volume of alcohol present in the mixture at 20ºC to the total volume of the mixture at the same temperature:
c: the expressions percent volume % vol
d: the term per litre Fuels
e: the term per litre Fuels
3: For the purposes of paragraph (c)(ii) of the definition of manufacture in subsection (1), the term ancillary process
a: filtering the goods, diluting the goods, or blending the goods with other goods (whether the other goods are the same as, similar to, or different from, the goods):
b: putting the goods for the first time into a container (for example, a bag, barrel, bottle, can, cask, drum, or keg) in which they might be presented, or from which they might be dispensed, for sale to the public or any member of the public:
c: labelling or marking, for the first time, containers filled with the goods.
4: For the purposes of the definition of computer system, a computer is interconnected with another computer if it can be lawfully used to provide access to that other computer—
a: with or without access information; and
b: whether or not either or both computers are currently turned on; and
c: whether or not access is currently occurring. Section 2(1) 2010 Excise and Excise-equivalent Document inserted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009 Section 2(1) authorised person amended 8 December 2009 section 5(2) Customs and Excise Amendment Act 2009 Section 2(1) biofuel inserted 6 April 2012 section 4 Customs and Excise Amendment Act 2012 Section 2(1) biofuel blend inserted 6 April 2012 section 4 Customs and Excise Amendment Act 2012 Section 2(1) biometric information inserted 22 August 2017 section 20 Enhancing Identity Verification and Border Processes Legislation Act 2017 Section 2(1) cargo aggregator inserted 24 June 2014 section 4(1) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 2(1) computer system inserted 24 June 2014 section 4(1) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 2(1) Customs-approved area for storing exports CASE inserted 2 July 2004 section 3(1) Customs and Excise Amendment Act 2004 Section 2(1) Customs-approved secure exports scheme inserted 2 July 2004 section 3(1) Customs and Excise Amendment Act 2004 Section 2(1) Customs-approved secure exports scheme amended 8 December 2009 section 4(1) Customs and Excise Amendment Act 2009 Section 2(1) Customs-approved secure package inserted 2 July 2004 section 3(1) Customs and Excise Amendment Act 2004 Section 2(1) Customs dog inserted 6 April 2012 section 4 Customs and Excise Amendment Act 2012 Section 2(1) Customs officer officer substituted 8 December 2009 section 5(2) Customs and Excise Amendment Act 2009 Section 2(1) Customs seal inserted 2 July 2004 section 3(2) Customs and Excise Amendment Act 2004 Section 2(1) Customs seal amended 8 December 2009 section 4(2)(a) Customs and Excise Amendment Act 2009 Section 2(1) Customs seal amended 8 December 2009 section 4(2)(b) Customs and Excise Amendment Act 2009 Section 2(1) Customs seal amended 8 December 2009 section 4(2)(c) Customs and Excise Amendment Act 2009 Section 2(1) Customs seal amended 8 December 2009 section 4(2)(d) Customs and Excise Amendment Act 2009 Section 2(1) dangerous item inserted 6 March 2007 section 4(1) Customs and Excise Amendment Act 2007 Section 2(1) duty inserted 12 November 2014 section 29(2) Trade (Safeguard Measures) Act 2014 Section 2(1) duty replaced 29 November 2017 section 26(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 2(1) duty paragraph (e) added 1 July 2003 section 13(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 Section 2(1) duty paragraph (e) amended 1 March 2010 section 5(1)(b) Accident Compensation Amendment Act 2010 Section 2(1) duty added 1 October 2008 section 4(1) Customs and Excise Amendment Act (No 2) 2008 Section 2(1) electronic publication substituted 22 February 2005 section 39 Films, Videos, and Publications Classification Amendment Act 2005 Section 2(1) excisable goods substituted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009 Section 2(1) Excise and Excise-equivalent Duties Table inserted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009 Section 2(1) excise item number inserted 1 January 2010 section 11(2) Customs and Excise Amendment Act 2009 Section 2(1) exportation substituted 22 February 2005 section 39 Films, Videos, and Publications Classification Amendment Act 2005 Section 2(1) exportation paragraph (b) amended 6 March 2007 section 4(2) Customs and Excise Amendment Act 2007 Section 2(1) importation substituted 9 October 2002 section 3(2) Customs and Excise Amendment Act (No 2) 2002 Section 2(1) Joint Border Management System JBMS inserted 24 June 2014 section 4(1) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 2(1) manufacture substituted 9 October 2002 section 3(3) Customs and Excise Amendment Act (No 2) 2002 Section 2(1) manufacture amended 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009 Section 2(1) manufacture amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 2(1) Minister amended 1 October 1996 Customs and Excise Amendment Act 1996 Section 2(1) New Zealand substituted 3 June 1998 section 2(1) Customs and Excise Amendment Act (No 2) 1998 Section 2(1) New Zealand paragraph (b)(ii) amended 6 March 2007 section 4(3) Customs and Excise Amendment Act 2007 Section 2(1) New Zealand amended 2 July 2004 section 47(1)(a) Customs and Excise Amendment Act 2004 Section 2(1) New Zealand paragraph (b)(iii) amended 2 July 2004 section 47(1)(b) Customs and Excise Amendment Act 2004 Section 2(1) New Zealand paragraph (b)(iv) amended 2 July 2004 section 3(3) Customs and Excise Amendment Act 2004 Section 2(1) personal information inserted 22 August 2017 section 20 Enhancing Identity Verification and Border Processes Legislation Act 2017 Section 2(1) prohibited exports substituted 22 February 2005 section 39 Films, Videos, and Publications Classification Amendment Act 2005 Section 2(1) prohibited exports amended 6 March 2007 section 4(4) Customs and Excise Amendment Act 2007 Section 2(1) prohibited imports substituted 22 February 2005 section 39 Films, Videos, and Publications Classification Amendment Act 2005 Section 2(1) Secretary of Commerce repealed 7 September 2000 section 8(1) Ministry of Economic Development Act 2000 Section 2(2)(d) substituted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009 Section 2(2)(e) substituted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009 Section 2(3) added 9 October 2002 section 3(4) Customs and Excise Amendment Act (No 2) 2002 Section 2(3) amended 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009 Section 2(4) inserted 24 June 2014 section 4(2) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
3: Act to bind the Crown
Except as provided in section 4
3A: Transitional and savings provisions relating to amendments to this Act
Schedule 1AA
a: relating to amendments made to this Act on the day immediately after the expiry of the period of 3 months that starts on the date on which the Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
b: that affect other provisions of this Act ( see section 306A Section 3A inserted 24 June 2014 section 5 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
4: Application of Act in certain cases
1: The circumstances in which and the conditions on which the powers conferred by Part 12
a: a member of the Armed Forces; or
b: access to a defence area; or
c: a craft under the control of the Defence Force— shall be prescribed by regulations, and those powers may only be exercised in the circumstances and on the conditions so prescribed.
2: For the purposes of subsection (1), the Governor-General shall, by Order in Council, make regulations prescribing the circumstances in which and the conditions on which the powers conferred by Part 12
a: a member of the Armed Forces; or
b: access to a defence area; or
c: a craft under the control of the Defence Force.
3: Subject to subsection (6), sections 30 to 37
4: For the purposes of this section, emergency
a: an emergency due to an actual or imminent attack on New Zealand by an enemy, or to any actual or imminent warlike act whether directed against New Zealand or not, if loss of life or injury or distress to persons or danger to the safety of the public is caused or threatened to be caused in New Zealand or in any part of New Zealand; or
b: a search and rescue event at any point outside New Zealand involving a serious and imminent threat to the safety of persons or craft; or
c: a state of war or other like emergency in any place outside New Zealand; or
d: such other circumstances as are agreed between the chief executive and the Chief of the Defence Force.
5: Subject to subsection (6), sections 21 to 29
6: Where a craft under the control of the Defence Force that is involved in, or is required to respond to, an emergency departs from or returns to New Zealand, the Defence Force shall, within a period of 48 hours or such longer period as the chief executive may reasonably determine, notify the Customs that the craft has departed from or arrived in New Zealand, as the case may be, and provide to the Customs such details relating to goods and persons on the craft as the chief executive specifies.
7: The power of the chief executive under subsection (6) to determine a time or specify details required may be exercised generally or in respect of any particular case.
8: Nothing in this Act or in any regulations made under this Act shall be interpreted as limiting the immunities of—
a: any foreign warship or other foreign governmental ship operated for non-commercial purposes; or
b: any foreign military aircraft; or
c: members of the crew of any ship or aircraft to which paragraph (a) or paragraph (b) applies. Section 4(4)(a) substituted 1 December 2002 section 117 Civil Defence Emergency Management Act 2002
1: Administration
5: New Zealand Customs Service
1: There shall be a department of State called the New Zealand Customs Service which shall be the same entity known, before the commencement of this Act, as the Customs Department.
2: The chief executive of the New Zealand Customs Service shall be known as the Comptroller of Customs.
6: Authorised persons
1: The chief executive may authorise a suitably qualified and trained person who is not a Customs officer to perform or exercise any function or power that may be performed or exercised by a Customs officer under this Act.
2: The authorisation under subsection (1) shall be in writing (including any writing in electronic form) and shall specify—
a: the function or power that may be performed or exercised by the authorised person; and
b: the term of the authorisation, which shall be such period, not exceeding 3 years, as the chief executive thinks fit.
3: The chief executive may from time to time renew any authorisation given under this section for such further period, not exceeding 3 years, as the chief executive thinks fit.
4: A person who is authorised under this section must for the purposes of the provisions of this Act (other than section 2 sections 7 38P 175
5: The chief executive may revoke an authorisation given under this section for incapacity, neglect of duty, or misconduct, or where the authorised person gives written notice to the chief executive that he or she wishes the authorisation to be revoked, or in any other circumstance where, in the opinion of the chief executive, the authorisation is no longer necessary.
6: Where a person ceases to be an authorised person under this section, that person shall surrender to the chief executive all articles and documents received by him or her in relation to the authorisation. 1966 No 19 s 8A 1980 No 33 s 3 Section 6(4) substituted 8 December 2009 section 5(1) Customs and Excise Amendment Act 2009
7: Identity cards
1: The chief executive shall give an identity card or other means of identification to each Customs officer and any authorised person other than a constable
2: Whenever a Customs officer or authorised person exercises any power under this Act he or she shall, on request, produce the identity card or other means of identification for inspection.
3: A person who ceases to be a Customs officer or authorised person shall, as soon as possible, return the identity card or other means of identification to the chief executive. Section 7(1) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009
8: Customs flag
The Customs flag shall be the New Zealand Ensign with the addition in the fly of the words NZ Customs Service 1966 No 19 s 11
2: Customs places,
Customs controlled areas, and Customs-approved areas for storing exports Part 2 heading amended 2 July 2004 section 4 Customs and Excise Amendment Act 2004 Customs places Heading: inserted 2 July 2004 section 5 Customs and Excise Amendment Act 2004
9: Customs places
1: For the purposes of this Act, the chief executive may from time to time, by notice in the Gazette Customs places
2: The chief executive may in like manner vary or revoke a designation under this section or vary or revoke the conditions or restrictions to which it was subject or revoke those conditions or restrictions and impose new conditions or restrictions. 1966 No 19 ss 26, 30 Customs controlled areas Heading: inserted 2 July 2004 section 6 Customs and Excise Amendment Act 2004
10: Customs controlled areas
Subject to such exemptions as may be prescribed and to sections 12(4) 68A 68B 68C
a: the manufacture of goods specified in Part A of the Excise and Excise-equivalent Duties Table; or
b: the deposit, keeping, or securing of imported or excisable goods, without payment of duty on the goods, pending the export of those goods; or
c: the temporary holding of imported goods for the purposes of the examination of those goods under section 151
d: the disembarkation, embarkation, or processing of persons arriving in or departing from New Zealand; or
e: the processing of craft arriving in or departing from New Zealand or the loading or unloading of goods onto or from such craft; or
f: any other prescribed purpose,— unless that area is licensed as a Customs controlled area. Section 10 amended 6 April 2012 section 5 Customs and Excise Amendment Act 2012 Section 10 amended 8 December 2009 section 7(2) Customs and Excise Amendment Act 2009 Section 10(a) substituted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009
11: Application for licence
1: An application for an area to be licensed as a Customs controlled area may be made by the owner or occupier of, or person operating in, the area and shall be made in such form and shall contain such particulars as may be prescribed.
2: The chief executive may, at any time, request further information from an applicant if the chief executive considers that the information is relevant to the application.
3: An applicant may, at any time before the chief executive makes a decision on the application, advise the chief executive of any variations that the applicant wishes to make to the application.
12: Grant or refusal of licence
1: On receipt of—
a: an application for a licence; and
b: any information requested by the chief executive under section 11(2)
c: any variations to the application made under section 11(3),— the chief executive may grant a licence for the area, or may refuse the application.
2: A licence granted under subsection (1) may be granted subject to—
a: such terms, conditions, or restrictions as the chief executive thinks fit; and
b: the payment by the licensee of the prescribed annual licence fee (if any).
3: The licence shall—
a: specify the area in respect of which it is granted; and
b: specify the applicant as the licensee; and
c: specify the purpose or purposes described in paragraphs (a) to (f) of section 10
4: Where, on an application for an area to be licensed as a Customs controlled area, the chief executive is of the opinion that—
a: it is not in the public interest; or
b: it is impracticable or unnecessary— that the area should be licensed as a Customs controlled area, the chief executive may, in his or her discretion, and under such conditions as the chief executive thinks fit, direct that the area need not be licensed as a Customs controlled area.
5: A direction given under subsection (4) may be given in respect of the whole or any specified part of the business carried on in the area, and shall exempt the area from such provisions of this Act as may be specified in the direction.
6: The applicant shall be advised by notice in writing of any decision of the chief executive under this section.
7: An applicant who is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision. 1966 No 19 ss 84, 110 1986 No 44 s 11
13: Variation or revocation of conditions
1: The chief executive may, by notice in writing, vary or revoke the terms, conditions, or restrictions to which the licence is subject or revoke those terms, conditions, or restrictions and impose new terms, conditions, or restrictions.
2: A licensee who is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision.
14: Revocation or suspension of licence
1: A licence issued under section 12
a: a term, condition, or restriction specified in the licence has been contravened; or
b: the area in respect of which the licence was granted ceases to be used for any of the purposes described in paragraphs (a) to (f) of section 10
c: the licensee ceases to be the owner or occupier of, or operator in, the area in respect of which the licence was granted; or
d: the chief executive considers that the licensee is no longer a fit and proper person to hold a licence; or
e: the prescribed annual licence fee (if any) is due and has not been paid.
2: Notice in writing of the chief executive's intention to revoke or suspend a licence shall be given to the licensee unless the chief executive considers that there is good reason not to give such a notice.
3: Where the chief executive revokes or suspends a licence under subsection (1), the chief executive shall notify the licensee in writing of the revocation or suspension.
4: A person who is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision.
15: Surrender of licence
A licence for a Customs controlled area may be surrendered at any time by the licensee by the giving of 1 month's notice in writing to the chief executive. 1966 No 19 s 88 1986 No 44 s 11
16: Closing of Customs controlled area
Where any licence issued under section 12
17: Liabilities not affected by ceasing to act as licensee
The obligations and liabilities under this Act of a licensee in respect of anything done or omitted to be done by the licensee while licensed shall not be affected by the fact that the licensee ceases to act as such nor by the fact that the licence is surrendered or suspended or revoked. 1966 No 19 s 90 1986 No 44 s 11
18: Customs facilities
in Customs controlled areas
1: The licensee of any Customs controlled area licensed under this Act shall provide and maintain such operating areas, accommodation, facilities, buildings, equipment, and storage as the chief executive shall determine are reasonably necessary and suitable for the carrying out of the functions and responsibilities of the Customs.
2: Subject to subsection (3), the licensee may levy the Customs such charge or charges as are reasonable for any operating areas, accommodation, facilities, buildings, equipment, and storage provided in accordance with subsection (1).
3: Notwithstanding anything in the Airport Authorities Act 1966
a: the processing of persons arriving in or departing from New Zealand; or
b: the processing of craft arriving in or departing from New Zealand; or
c: the processing of postal articles arriving in or departing from New Zealand.
4: The licensee of every Customs controlled area shall store goods subject to the control of the Customs in such manner and in such location as the chief executive may direct.
5: The licensee shall be advised by notice in writing of any determination of the chief executive under subsection (1) or any direction of the chief executive under subsection (4).
6: A licensee who is dissatisfied with a determination by the chief executive under subsection (1) or a direction by the chief executive under subsection (4) may, within 20 working days after the date on which notice of the determination or direction is given, appeal to a Customs Appeal Authority against that determination or direction. 1966 No 19 s 33 1992 No 30 s 3(1) Section 18 heading amended 2 July 2004 section 7 Customs and Excise Amendment Act 2004
19: Storage charges
In such circumstances and for such period of time as may be prescribed, no charges shall be made by a licensee of a Customs controlled area for the reception or storage in that area of any imported goods. 1966 No 19 s 34 Customs-approved areas for storing exports (CASEs) Heading: inserted 2 July 2004 section 8 Customs and Excise Amendment Act 2004
19A: Purpose of sections 19B to 19H
The purpose of sections 19B to 19H
a: goods to be exported are (under section 20(1)(b) and (c)
b: the Customs may, as provided in section 19E section 150
c: the powers in section 151
i: to be exported; and
ii: that have been brought to a CASE:
d: the powers of detention and search in section 144(3)
i: to be exported; and
ii: that have been brought to a CASE:
e: the owner or occupier of the area or person operating in the area may be required to provide and maintain operating areas, accommodation, facilities, buildings, equipment, and storage reasonably necessary and suitable for the carrying out of the functions and responsibilities of the Customs. Section 19A inserted 2 July 2004 section 8 Customs and Excise Amendment Act 2004
19B: Areas that may be licensed as CASEs
1: An area may be licensed as a CASE only if the area is used (whether or not it is used for any other purpose) for the purpose of storing goods for export (temporarily or otherwise) until they are transported (either directly or via another area or areas) to the place of shipment and shipped.
2: An area used for the purpose of storing goods for export is used for the purpose stated in this section even though the area is also used for the purpose of consolidating, packing, repacking, treating, or otherwise handling those goods. Section 19B inserted 2 July 2004 section 8 Customs and Excise Amendment Act 2004
19C: Application for area to be licensed as CASE
1: An application for an area to be licensed as a CASE—
a: may be made by the owner or occupier of, or person operating in, the area; and
b: must be made in such form, and contain such particulars, as may be prescribed.
2: The following sections apply to an application under this section as if it were an application for the area concerned to be licensed as a Customs controlled area:
a: section 11(2) and (3)
b: section 12 Section 19C inserted 2 July 2004 section 8 Customs and Excise Amendment Act 2004
19D: Licences for CASEs
1: If a licence for a CASE is granted under section 12(1) section 19C(2) section 13
2: Section 14 section 12(1) section 19C(2)
3: However, for the purposes of subsection (2), section 14(1)(b) any of the purposes described in paragraphs (a) to (f) of section 10 the purpose in section 19B Section 19D inserted 2 July 2004 section 8 Customs and Excise Amendment Act 2004
19E: Access of Customs officers to CASEs
Section 150 section 173 Section 19E inserted 2 July 2004 section 8 Customs and Excise Amendment Act 2004
19F: Examination of goods to be exported and that have been brought to CASE
1: The powers in section 151
a: to be exported; and
b: that have been brought to a CASE.
2: Nothing in this section limits section 20 section 151 Section 19F inserted 2 July 2004 section 8 Customs and Excise Amendment Act 2004
19G: Detaining and searching vehicles for goods to be exported and that have been brought to CASE
1: The powers in section 144(3)
a: to be exported; and
b: that have been brought to a CASE.
2: Nothing in this section limits section 20 section 144 Section 19G inserted 2 July 2004 section 8 Customs and Excise Amendment Act 2004
19H: Customs facilities in CASEs
1: The licensee of any CASE licensed under this Act must provide and maintain any operating areas, accommodation, facilities, buildings, equipment, and storage that the chief executive determines are reasonably necessary and suitable for the carrying out of the functions and responsibilities of the Customs.
2: The licensee may levy the Customs such charge or charges as are reasonable for any operating areas, accommodation, facilities, buildings, equipment, and storage provided in accordance with subsection (1).
3: The licensee of every CASE must store goods subject to the control of the Customs in such manner and in such location as the chief executive may direct.
4: The licensee must be advised by notice in writing of a determination by the chief executive under subsection (1) or a direction by the chief executive under subsection (3).
5: A licensee who is dissatisfied with a determination by the chief executive under subsection (1) or a direction by the chief executive under subsection (3) may, within 20 working days after the date on which notice of the determination or direction is given, appeal to a Customs Appeal Authority against that determination or direction. Section 19H inserted 2 July 2004 section 8 Customs and Excise Amendment Act 2004
3: Arrival and departure of goods, persons, and craft
20: Goods subject to control of Customs
1: Goods are subject to the control of the Customs,—
a: where the goods have been imported, from the time of importation until the time the goods are lawfully removed for home consumption or exportation from a Customs controlled area; or
aa: where the goods are lawfully removed from a Customs controlled area under a conditional permit granted pursuant to section 47(1)(c)
ab: where the goods are to be exported (whether under drawback or not) and are in a package in relation has been used first used
ac: where the goods are to be exported (whether under drawback or not) under a Customs-approved secure exports scheme (whether or not any other paragraph of this subsection applies to the goods), from the time when the goods are first secured in a Customs-approved secure package until the exportation of the goods to a point outside New Zealand; or
b: where the goods are to be exported under drawback, from whichever is the earlier of the following times until the exportation of the goods to a point outside New Zealand:
i: the time of the claim for drawback; or
ii: the time when the goods are brought to a Customs controlled area or to a CASE (whether or not the goods are later transported from that area to another area of any kind, and, if the goods are so transported, during the transportation); or
c: where the goods are to be exported otherwise than under drawback, from the time when the goods are brought to a Customs controlled area or to a CASE (whether or not the goods are later transported from that area to another area of any kind, and, if the goods are so transported, during the transportation), until their exportation to a point outside New Zealand; or
d: where the goods are on board any craft described in section 139(1)
e: where the goods are manufactured in a Customs controlled area, from the time of manufacture until the goods are lawfully removed for home consumption from a Customs controlled area, or the goods are exported to a point outside New Zealand, whichever happens first; or
f: where the goods are owned by or in the possession of an internationally ticketed passenger who is using air or sea travel for a domestic sector or a domestic passenger who is using air or sea travel for a domestic sector, from the time when, at the commencement of the domestic sector, the goods are—
i: brought into a Customs controlled area licensed for the disembarkation, embarkation, or processing of persons arriving in or departing from New Zealand; or
ii: accepted for carriage by an airline or shipping company— until the time when, at the end of the domestic sector, the goods are lawfully removed from a Customs controlled area licensed for the disembarkation, embarkation, or processing of persons arriving in or departing from New Zealand; or
g: in the case of domestic cargo (not being goods to which paragraph (f) applies), from the time when the goods are brought within a Customs controlled area that is in a Customs place until the time when the goods are lawfully removed from that or any other Customs controlled area.
2: For the purposes of subsection (1), goods that are removed from a Customs controlled area to another Customs controlled area are not removed for home consumption. 1966 No 19 s 16 Section 20(1)(a) substituted 3 June 1998 section 3(1) Customs and Excise Amendment Act (No 2) 1998 Section 20(1)(aa) inserted 3 June 1998 section 3(1) Customs and Excise Amendment Act (No 2) 1998 Section 20(1)(ab) inserted 2 July 2004 section 9 Customs and Excise Amendment Act 2004 Section 20(1)(ab) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 20(1)(ac) inserted 2 July 2004 section 9 Customs and Excise Amendment Act 2004 Section 20(1)(b) substituted 2 July 2004 section 9 Customs and Excise Amendment Act 2004 Section 20(1)(c) substituted 2 July 2004 section 9 Customs and Excise Amendment Act 2004 Section 20(2) added 3 June 1998 section 3(2) Customs and Excise Amendment Act (No 2) 1998 Arrival of craft into New Zealand
21: Advice of arrival, etc
1: The person in charge of a craft that is en route to New Zealand from a point outside New Zealand must, unless otherwise approved by the chief executive,—
a: give to the Customs, in such form and manner (for example, in an electronic form and manner) as may be approved in writing by the chief executive (either generally or for a particular case or class of case), such advance notice as may be prescribed of any or all of the following matters:
i: the impending arrival of the craft:
ii: its voyage:
iii: its crew:
iv: its passengers:
v:
vi:
vii: the Customs place at which the craft will arrive; and
b: on arriving within New Zealand, proceed directly to that Customs place, unless directed elsewhere by a Customs officer.
2: The information referred to in subsection (1)(a)—
a: may be provided, on behalf of the person in charge of the craft, by—
i: the owner or operator of the craft referred to in subsection (1); or
ii: an agent of the owner or operator; and
b: must be accompanied by such supporting documents (being documents each of which is genuine, not erroneous in a material particular, and not misleading) as the chief executive may require. Section 21(1)(a) substituted 1 October 2004 section 10 Customs and Excise Amendment Act 2004 Section 21(1)(a)(v) repealed 24 June 2014 section 6(1) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 21(1)(a)(vi) repealed 24 June 2014 section 6(1) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 21(2) replaced 24 June 2014 section 6(2) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
21A: Inward cargo report
1: This section applies to cargo on a craft if the craft is—
a: en route to, or has arrived in, New Zealand, from a point outside New Zealand; or
b: carrying goods subject to the control of the Customs brought in that craft or any other craft from a point outside New Zealand.
2: Every person responsible for the carriage of the cargo on the craft must give to the Customs, before the prescribed deadline, a report on the cargo, unless a particular person of that kind is exempted from doing so because—
a: that person has been advised by the chief executive that 1 or more other persons of that kind have already done so; or
b: under this paragraph, and for another reason, the chief executive approves that person's being exempted from doing so.
3: A person is, for this section's purposes, responsible for the carriage of cargo on a craft only if the person (whether or not the person owns, or has any proprietary interest of any kind in, all or any part of the cargo) is—
a: a person who is, or who is the agent of, the owner or operator of the craft; or
b: a cargo aggregator who, in the course of that cargo aggregator's business, has (in or outside New Zealand) arranged for the carriage of the cargo on the craft under a shared space, or other negotiated volume of cargo, arrangement with the craft's owner or operator.
4: The report must contain such information relating to the cargo (being information that is genuine, not erroneous in a material particular, and not misleading) as may be prescribed, and must be given in the prescribed form and manner.
5: The information referred to in subsection (4)
6: Information supplied under this section is subject to, but this section does not limit, section 204A Section 21A inserted 24 June 2014 section 7 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
22: Requirement to answer questions
1: Subsection (2)
a: a craft that has arrived in New Zealand from a point outside New Zealand:
b: a craft departing from New Zealand for a point outside New Zealand:
c: a craft that is within New Zealand and
d: any other craft that is within New Zealand and
2: The person in charge of, the owner of, any member of the crew of, and any passenger on a craft to which this subsection
a: answer any question asked by a Customs officer under this Act relating to the craft and its voyage and any persons or goods that are or have been carried by the craft; and
b: forthwith at the request of any Customs officer produce any documents within that person's possession or control relating to any of those matters.
3: A person referred to in section 145A(1)
a: answer any questions asked by a Customs officer under section 145A; and
b: produce any documents within his or her possession or control that a Customs officer demands under section 147A Section 22(1) amended 2 July 2004 section 11(1) Customs and Excise Amendment Act 2004 Section 22(1)(c) amended 1 October 1996 Customs and Excise Amendment Act 1996 Section 22(1)(d) amended 1 October 1996 Customs and Excise Amendment Act 1996 Section 22(2) amended 2 July 2004 section 11(2) Customs and Excise Amendment Act 2004 Section 22(3) added 2 July 2004 section 11(3) Customs and Excise Amendment Act 2004
23: Bringing-to of ship
1: The master of a ship arriving within New Zealand must, on being directed by a Customs officer to do so,—
a: stop and bring the ship to for boarding; and
b: ensure that the ship remains stopped until a Customs officer directs that the ship may proceed.
2: The craft carrying the Customs officer or officers must
3: The master of the ship must by all reasonable means facilitate the boarding of the ship by Customs officers
4: The master of a ship within New Zealand must, if so directed by any Customs officer, cause that ship to leave New Zealand forthwith.
5: A Customs officer who proposes to give a direction under subsection (4) shall consult with the chief executive or a person authorised by the chief executive. 1966 No 19 s 41 Section 23(2) amended 8 December 2009 section 5(2) Customs and Excise Amendment Act 2009 Section 23(3) amended 8 December 2009 section 5(2) Customs and Excise Amendment Act 2009
24: Craft to arrive at nominated Customs place only
1: Subject to sections 21 25
a: that arrives within New Zealand on a journey from a point outside New Zealand; or
b: that is carrying—
i: persons; or
ii: goods subject to the control of the Customs— brought in that craft or any other craft from a point outside New Zealand— must ensure that the craft lands, anchors, or otherwise arrives only at a Customs place, which, in the case of a craft to which section 21
2: On arrival at the nominated Customs place or Customs controlled area within that place, and until an inward report in accordance with section 26 1966 No 19 ss 36, 37
25: Craft arriving at place other than nominated Customs place
1: Nothing in section 24
a: that is required or compelled to berth, land, anchor, or otherwise arrive at a place other than a Customs place, nominated in accordance with section 21(1)(a)
i: is required by any statutory or other requirement relating to navigation; or
ii: is compelled by accident, stress of weather, or other necessity; or
b: that is authorised to berth, land, anchor, or otherwise arrive at a place other than a Customs place by the chief executive.
1A: An authorisation given under subsection (1)(b) may be granted subject to any conditions the chief executive considers appropriate (for example, conditions about the passengers and goods that may be carried on the craft).
1B: The chief executive may not grant any authorisation under subsection (1)(b) without consulting the chief executive of—
a: the Ministry of Agriculture and Forestry; and
b: the Ministry of Health; and
c: the New Zealand Police; and
d: if the proposed authorisation relates to an aircraft, the Civil Aviation Authority; and
e: if the proposed authorisation relates to a ship, the authority known as Maritime New Zealand; and
f: every other department of State whose operations may, in the chief executive’s opinion, be affected by the granting of an authorisation under subsection (1)(b).
1C: If any craft berths, lands, anchors, or otherwise arrives at a place other than a Customs place by reason of an authorisation under subsection (1)(b),—
a: the same powers may be exercised under this Act in relation to that craft as if it had arrived at a Customs place in accordance with Part 3
b: the same powers may be exercised under this Act in relation to persons and goods on that craft as if those persons or goods were in a Customs controlled area, following arrival of the craft in accordance with Part 3, and the same obligations apply.
2: The person in charge of the craft—
a: must forthwith report to a Customs officer or to a constable
b: must not, without the consent of a Customs officer, permit any goods carried in the craft to be unloaded from it or any of the crew or passengers to depart from its vicinity; and
c: must comply with any directions given by a Customs officer in respect of any goods, crew, or passengers carried in the craft.
3: Subject to section 43(a)
a: unload goods from the craft; or
b: depart from the vicinity of the craft,— and all such persons must comply with any directions given by a Customs officer.
4: Where a craft is directed by a Customs officer pursuant to section 21(1)(b) 1966 No 19 ss 35A, 38 Section 25(1) substituted 24 September 2009 section 5 Customs and Excise Amendment Act (No 3) 2008 Section 25(1A) inserted 24 September 2009 section 5 Customs and Excise Amendment Act (No 3) 2008 Section 25(1B) inserted 24 September 2009 section 5 Customs and Excise Amendment Act (No 3) 2008 Section 25(1C) inserted 24 September 2009 section 5 Customs and Excise Amendment Act (No 3) 2008 Section 25(2)(a) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009
26: Inward report
1: Unless otherwise approved by the chief executive, this section applies to a craft—
a: that arrives within New Zealand on a journey from a point outside New Zealand; or
b: that is carrying—
i: persons; or
ii: goods subject to the control of the Customs— brought in that craft or any other craft from a point outside New Zealand.
2: On the arrival at a Customs place of craft to which this section applies, the person in charge or the owner of the craft, as the case may be, must—
a: deliver to the Customs within such time or times as may be prescribed an inward report in such form and manner and containing such particulars verified by declaration as may be prescribed and accompanied by such supporting documents as the chief executive may require; and
b: comply with any Customs direction as to the movement of the craft within the Customs place, and as to the unloading of goods or the disembarkation of crew or passengers from the craft.
3: The particulars and supporting documents referred to in subsection (2)(a) need not include information that has already been supplied to the Customs in any form and manner approved in writing by the chief executive under section 21(1)(a) 1966 No 19 ss 44, 45 Section 26(3) added 6 March 2007 section 5 Customs and Excise Amendment Act 2007 Arrival of persons
27: Persons arriving in New Zealand to report to Customs officer or Police station
1: Unless otherwise required under any provision of this Act, every person arriving in New Zealand must, on his or her arrival, report to a Customs officer or to a Police station forthwith.
2: A person who reports to a Customs officer or to a Police station in accordance with subsection (1) shall remain at the place where the person reported for such reasonable time as the Customs may require for the purposes of enabling any Customs officer to exercise in relation to that person any power under this Act.
28: Disembarkation
1: Subject to such exemptions as may be prescribed, a person who is on board a craft that has arrived in New Zealand from a point outside New Zealand must comply with any Customs direction concerning disembarkation.
2: For the purposes of this section, a Customs direction
3: Subject to such exemptions as may be prescribed, every person who has disembarked from a craft to which this section applies must, unless otherwise directed by the Customs,—
a: go to a Customs controlled area; and
b: remain there for such reasonable time as the Customs may require for the purposes of enabling any Customs officer to exercise in relation to that person any power under this Act.
29: Baggage to be presented
1: Subject to such exemptions as may be prescribed, every person who disembarks from a craft that has arrived in New Zealand from a point outside New Zealand or a craft that is at the end of a domestic sector must—
a: make his or her accompanying baggage available for examination by a Customs officer; and
b: comply with any Customs direction relating to the movement of the baggage within the Customs place or Customs controlled area or from any craft to a Customs controlled area.
2: Any person who is moving or handling the baggage referred to in subsection (1) shall comply with any Customs direction relating to the movement of the baggage within the Customs place or Customs controlled area or from any craft to a Customs controlled area. Departure of persons
30: Persons departing from New Zealand to depart from Customs place
Subject to section 37 Section 30 amended 24 September 2009 section 6 Customs and Excise Amendment Act (No 3) 2008
31: Embarkation
A person preparing to board a craft for departure from New Zealand must comply with any Customs direction given to the person concerning embarkation.
32: Outgoing baggage to be presented
1: Subject to such exemptions as may be prescribed, every person who arrives at a Customs place or a Customs controlled area for embarkation on to a craft that has, as its destination, a point outside New Zealand must—
a: make his or her accompanying baggage available for examination by a Customs officer; and
b: comply with any Customs direction relating to the movement of the baggage within the Customs place or Customs controlled area or from a Customs controlled area to any craft.
2: Any person who is moving or handling the baggage referred to in subsection (1) shall comply with any Customs direction relating to the movement of the baggage within the Customs place or Customs controlled area or from a Customs controlled area to any craft. Further requirements relating to persons arriving in or departing from New Zealand Heading: inserted 6 March 2007 section 6 Customs and Excise Amendment Act 2007
32A: Use of electronic communication devices prohibited in certain places
1: This section applies to any Customs place or Customs controlled area that is used by persons arriving in or departing from New Zealand.
2: A Customs officer may erect a sign prohibiting in a place or area to which this section applies the use of any electronic communication device identified on the sign (by words, or images, or both).
3: If a sign has been erected in a place under subsection (2), a Customs officer may require a person in that place not to use, or to stop using, an electronic communication device identified on the sign.
4: Every person must comply with a requirement by a Customs officer under subsection (3).
5: In this section, electronic communication device
a: transmitting sound:
b: computing information:
c: functioning as a telephone:
d: communicating in any other way using any technology (including telecommunication, radiocommunication, and broadcasting technology). Section 32A inserted 6 March 2007 section 6 Customs and Excise Amendment Act 2007
32B: Completion of processing under
Immigration Act 2009
1: This section applies to a person in a designated place who has arrived in New Zealand or who departs, or attempts to depart, from New Zealand.
2: The person must remain in the designated place until the processing, under the Immigration Act 2009 Biosecurity Act 1993
3: A Customs officer may direct the person to comply with the person's obligation under subsection (2).
4: For the purposes of subsection (2), the processing referred to in that subsection is completed when—
a: the person has complied with all obligations imposed on the person, in respect of the person's arrival in, or departure from, New Zealand, under the Immigration Act 2009 Biosecurity Act 1993
b: the powers and duties under those Acts that are, in relation to the person, required to be exercised or performed in the designated place have, so far as practicable, been exercised or performed in that place.
5: In this section,— authorised officer Immigration Act 2009 Biosecurity Act 1993 designated place
a: a Customs controlled area; or
b: a Customs place; or
c: a place approved by the chief executive for the purposes of—
i: the arrival of a craft in New Zealand; or
ii: the departure of a craft from New Zealand; or
d: a Police station to which a person reports under section 27(1) processing
a: consideration by any authorised officer as to the applicability of powers and duties under the Immigration Act 2009 Biosecurity Act 1993
b: reconsideration by any authorised officer, in the light of any new information, of a previous exercise or performance of a power or duty under the Immigration Act 2009
c: any reasonable time following a request by a Customs officer that an authorised officer who is not present at the designated place consider, exercise, or perform a particular power or duty under the Immigration Act 2009
i: may, in the opinion of the Customs officer, be applicable to the person; and
ii: may not be exercised or performed by any authorised officer present at the designated place at the time of the request; but
iii: may be exercised or performed by the authorised officer to whom that request is made. Section 32B inserted 6 March 2007 section 6 Customs and Excise Amendment Act 2007 Section 32B heading amended 29 November 2010 section 406(1) Immigration Act 2009 Section 32B(2) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 32B(4)(a) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 32B(5) authorised officer amended 29 November 2010 section 406(1) Immigration Act 2009 Section 32B(5) processing amended 29 November 2010 section 406(1) Immigration Act 2009 Section 32B(5) processing amended 29 November 2010 section 406(1) Immigration Act 2009 Section 32B(5) processing amended 29 November 2010 section 406(1) Immigration Act 2009
32C: Cases requiring investigation for public health or law enforcement purposes
1: This section applies to a person in a designated place who has arrived in New Zealand or who departs, or attempts to depart, from New Zealand, if a Customs officer has reasonable cause to suspect that the person—
a: is, under an enactment, liable to be detained because of an infectious disease; or
b: is liable to be arrested under a warrant issued by a court or by any registrar; or
c: is, in attempting to depart from New Zealand or in attempting to remove another person from New Zealand, contravening, or about to contravene, an enactment or an order issued by a court; or
d: is liable to be prosecuted for an offence punishable by imprisonment; or
e: has contravened any of the following enactments:
i: the Biosecurity Act 1993
ii: the Human Assisted Reproductive Technology Act 2004
iii: the Misuse of Drugs Act 1975
iv: the Passports Act 1992
v: the Terrorism Suppression Act 2002
vi: the Trade in Endangered Species Act 1989
vii: regulations under the United Nations Act 1946
viii: any enactment specified for the purposes of this section by the Governor-General in Council, being an enactment that contains an offence involving the unlawful entry into New Zealand, or the unlawful removal from New Zealand, of a person, matter, or thing; or
f: is endangering, or threatening to endanger, the life, health, or safety of a person or group of persons.
2: The Customs officer may direct the person to remain in the designated place for the purposes of obtaining the attendance of, or making inquiries of, another officer who is authorised, in respect of a matter specified in subsection (1), to do 1 or more of the following:
a: question the person:
b: ascertain or determine the status of the person:
c: detain the person:
d: arrest the person.
3: The person must comply with any direction given under this section.
4: A direction under this section ceases to have effect 4 hours after it is given.
5: In this section,— another officer
a: a constable
b: a bailiff; or
c: an employee or agent of a department of State designated place
a: a Customs controlled area; or
b: a Customs place; or
c: a place approved by the chief executive for the purposes of—
i: the arrival of a craft in New Zealand; or
ii: the departure of a craft from New Zealand. Section 32C inserted 6 March 2007 section 6 Customs and Excise Amendment Act 2007 Section 32C(5) another officer amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Information Heading inserted 22 August 2017 section 21 Enhancing Identity Verification and Border Processes Legislation Act 2017
32D: Arrival and departure information
The Customs may, for the purposes of monitoring the movement of craft and persons, passenger and crew processing, and border security, collect and use the following information about craft and persons arriving in or departing from New Zealand:
a: details of craft movements including the craft name and registration number or identifier, estimated date and time of arrival or departure, and place of origin and destination; and
b: personal information including the person’s name, date of birth, gender, biometric information, passport number, nationality, and travel movements. 1996 No 27 s 279 Section 32D inserted 22 August 2017 section 21 Enhancing Identity Verification and Border Processes Legislation Act 2017
32E: Verification of identity using biometric information
1: A Customs officer may, during the processing of a person’s arrival in or departure from New Zealand, request that person to provide biometric information for the purpose of verifying the person’s identity using biometric matching.
2: A person who fails to comply with a request made under subsection (1) may be directed by a Customs officer to remain in a designated place for either or both of the following purposes:
a: to enable the officer to make any inquiries necessary to establish the identity of the person:
b: to enable the officer to obtain the attendance of, or make inquiries of, another officer who is authorised, in respect of a matter specified in section 32C(1)
i: question the person:
ii: ascertain or determine the status of the person:
iii: detain the person:
iv: arrest the person.
3: A person must comply with a direction given to the person under subsection (2).
4: A direction given to a person under subsection (2) ceases to have effect 4 hours after it is given.
5: In this section,— another officer
a: a constable; or
b: a bailiff; or
c: an employee or agent of a department of State designated place
a: a Customs controlled area; or
b: a Customs place; or
c: a place approved by the chief executive for the purposes of—
i: the arrival of a craft in New Zealand; or
ii: the departure of a craft from New Zealand. Section 32E inserted 22 August 2017 section 21 Enhancing Identity Verification and Border Processes Legislation Act 2017
32F: Detention of persons failing to comply with a direction under section 32E
1: A Customs officer may detain a person who fails to comply with a direction given under section 32E(2)
2: A Customs officer may detain a person under this section only for either or both of the purposes specified in section 32E(2)
3: A person must not be detained under this section for a period exceeding 4 hours.
4: Reasonable force may be used, if necessary, to detain a person under this section.
5: Nothing in this section prevents a person from—
a: being detained or further detained under another provision of this Act or under any other enactment if there are lawful grounds for that detention; or
b: being arrested under section 174
6: In this section, to detain a person Section 32F inserted 22 August 2017 section 21 Enhancing Identity Verification and Border Processes Legislation Act 2017 Departure of craft
33: Clearance of craft
1: Unless otherwise approved by the chief executive, no person in charge of a craft that has, as its destination, a point outside New Zealand shall cause that craft to depart from any Customs place unless that person has received a certificate of clearance in the prescribed form.
2: Subject to such exemptions as may be prescribed, no person in charge of a craft that has arrived in New Zealand from a point outside New Zealand shall cause that craft to depart from the place in New Zealand that it first arrived at, or from any subsequent place of call within New Zealand, without the permission of the Customs and subject to the production to the Customs of any documents that the chief executive may require and to any conditions imposed by the chief executive. 1966 No 19 s 72
34: Certificate of clearance
Unless otherwise approved by the chief executive, before any certificate of clearance is granted to the person in charge of any craft to which section 33
a: deliver to the Customs, within any time or times prescribed, an advance notice of departure advance notice of departure
b: answer any question asked by a Customs officer relating to the craft and its passengers, crew, cargo, stores, and intended voyage or journey; and
c: produce any other documents required by a Customs officer relating to the craft and its passengers, crew, cargo, stores, and intended voyage or journey; and
d: comply with all requirements in this or any other Act concerning the craft and its passengers, crew, cargo, stores, and intended voyage or journey. Section 34 substituted 6 March 2007 section 7 Customs and Excise Amendment Act 2007 Section 34(a) amended 24 June 2014 section 8 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
34AA: Advance notice of departure may be provided by, or by agent of, owner or operator of craft
The advance notice of departure referred to in section 34(a)
a: the owner or operator of the craft; or
b: an agent of the owner or operator. Section 34AA inserted 24 June 2014 section 9 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
34A: Fees and charges relating to granting certificate of clearance
1: The Governor-General may, on the recommendation of the Minister, make regulations under section 287(1)(a) section 34
2: No fees or charges prescribed by regulations of the kind described in subsection (1) may meet or assist in meeting costs or expenses that are—
a: incurred by the Customs in granting a certificate of clearance; and
b: related to clearance of passengers.
3: The provisions of Part 8
4: Before making a recommendation under subsection (1) in relation to any proposed regulations, the Minister must be satisfied that the persons that the Minister considers are representative of interests likely to be substantially affected by the proposed regulations have been consulted about the proposed regulations to the extent that is reasonably practicable having regard to the circumstances of the case.
5: For the purposes of subsection (4), the Minister may take into account any relevant consultation undertaken by or on behalf of the Minister before this section comes into force.
6: A failure to comply with subsection (4) does not affect the validity of any regulations of the kind described in subsection (1).
7: Subsection (1) does not limit section 287 Section 34A inserted 2 July 2004 section 13 Customs and Excise Amendment Act 2004
35: Boarding of outward craft
The person in charge of a craft departing from a Customs place, whether or not the immediate destination of the craft is a point outside New Zealand, shall, if required to do so by any Customs officer, by all reasonable means, facilitate boarding by Customs officers. 1966 No 19 s 75
36: Production of certificate of clearance
The person in charge of a craft to whom a certificate of clearance has been granted must, on demand by a Customs officer, produce the certificate of clearance for examination by the officer and answer any question that the officer may put to him or her concerning the craft and its passengers, crew, cargo, stores, and its intended voyage or journey. 1966 No 19 s 76
37: Departure to be from Customs place only
1: Subject to such exemptions as may be prescribed and subject to subsection (2), except with the prior permission of the chief executive, no person in charge of any craft shall—
a: cause that craft to depart for a point outside New Zealand from a place in New Zealand other than a Customs place; or
b: having obtained a certificate of clearance from a Customs place in New Zealand to depart for any point outside New Zealand, cause that craft—
i: to not depart immediately from that place; or
ii: to go to any other place in New Zealand.
2: Nothing in subsection (1) applies to a craft—
a: that is required to berth, land, anchor, or otherwise return to a place in New Zealand that is not a Customs place, if this return—
i: is required by any statutory or other requirement relating to navigation; or
ii: is compelled by accident, stress of weather, or other necessity; or
b: that is authorised to depart for a point outside New Zealand from a place in New Zealand other than a Customs place, by the chief executive.
3: The provisions of section 25(1A) to (1C)
a: any authorisation given by the chief executive under subsection (2)(b); and
b: any departure from a place in New Zealand (other than a Customs place) in reliance on such an authorisation. Section 37(1)(b) substituted 2 July 2004 section 14 Customs and Excise Amendment Act 2004 Section 37(2) substituted 24 September 2009 section 7 Customs and Excise Amendment Act (No 3) 2008 Section 37(3) added 24 September 2009 section 7 Customs and Excise Amendment Act (No 3) 2008
37A: Outward cargo report
1: This section applies to cargo on a craft if—
a: the craft is to depart, or has departed, for a point outside New Zealand from a place in New Zealand; and
b: the cargo is commercial or non-commercial cargo for discharge outside New Zealand.
2: Every person responsible for the carriage of the cargo on the craft must give to the Customs, before the prescribed deadline (which may be a time before or after the craft's departure from the point in New Zealand), a report on the cargo, unless a particular person of that kind is exempted from doing so because—
a: that person has been advised by the chief executive that 1 or more other persons of that kind have already done so; or
b: under this paragraph, and for another reason, the chief executive approves that person's being exempted from doing so.
3: A person is, for this section's purposes, responsible for the carriage of cargo on a craft only if the person (whether or not the person owns, or has any proprietary interest of any kind in, all or any part of the cargo) is—
a: a person who is, or who is the agent of, the owner or operator of the craft; or
b: a cargo aggregator who, in the course of that cargo aggregator's business, has (in or outside New Zealand) arranged for the carriage of the cargo on the craft under a shared space, or other negotiated volume of cargo, arrangement with the owner or operator of the craft.
4: The report must contain such information relating to the cargo (being information that is genuine, not erroneous in a material particular, and not misleading) as may be prescribed, and must be given in the prescribed form and manner.
5: The information referred to in subsection (4)
6: Information supplied under this section is subject to, but this section does not limit, section 204A Section 37A inserted 24 June 2014 section 10 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
38: Regulations relating to stores for craft
Without limiting the power to make regulations conferred by section 286
a: the classes of goods that are, or are not, deemed to be stores for the use of passengers and crew or the service of craft about to depart from any Customs place; and
b: the conditions under which any such stores may be shipped free of duty or under drawback of duty; and
c: the conditions under which any such stores are subject to duty, and the form and manner in which those stores shall be entered. 1966 No 19 ss 78, 79
3A: Customs access to and use of information about border-crossing goods, persons, and craft
Part 3A inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004 Preliminary provisions Heading inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004
38A: Interpretation
In this Part, unless the context otherwise requires,— border-crossing goods
a: as having been imported into, or exported from, New Zealand; or
b: as being imported into, or exported from, New Zealand; or
c: as intended to be imported into, or exported from, New Zealand border-crossing person or craft
a: as having arrived in, or departed from, New Zealand; or
b: as arriving in, or departing from, New Zealand; or
c: as intending to arrive in, or depart from, New Zealand person concerned in the movement of goods, persons, or craft
a: an owner or an operator of a craft that carries or transports goods or persons, or both, from New Zealand to a point outside New Zealand, or from a point outside New Zealand to New Zealand, for commercial purposes, or the agent of an owner or an operator of that kind:
b: a travel operator (being a person who organises the carriage, handling, or transportation of goods or persons, or both, from New Zealand to a point outside New Zealand, or from a point outside New Zealand to New Zealand, for commercial purposes) or the agent of a travel operator:
c: an owner, occupier, or operator of a Customs controlled area used for the purpose specified in section 10(d) or (e)
d: an operator of a business that handles, packs, stores, or transports goods that are to be transported from New Zealand to a point outside New Zealand:
e: any persons, or classes of persons, involved in any other way in the carriage, handling, or transportation of goods, or persons, or both, from New Zealand to a point outside New Zealand, or from a point outside New Zealand to New Zealand, for commercial purposes, being persons or classes of persons prescribed for the purposes of this paragraph. Section 38A inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004
38B: Purpose of this Part
1: The purpose of this Part is to facilitate—
a: the exercise or performance of powers, functions, or duties under this Act:
b: the prevention, detection, investigation, prosecution, and punishment of offences that are, or that if committed in New Zealand would be,—
i: customs offences of any kind; or
ii: other offences punishable by imprisonment:
c: the processing of international passengers at the border by public authorities:
d: the protection of border security:
e: the protection of the health and safety of members of the public.
2: To that end, this Part—
a: requires certain persons concerned in the movement of goods, persons, or craft to give the Customs access to certain information about border-crossing goods, persons, and craft; and
b: controls the use of that information by the Customs. Section 38B inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004 Who must give Customs access to information Heading inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004
38C: Persons to whom section 38D or section 38E applies
Section 38D section 38E
a: is a person concerned in the movement of goods, persons, or craft; and
b: has been required by the chief executive by notice in writing to comply with that section on and after a date specified in the notice in writing. Section 38C inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004 Information to which access must be given Heading inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004
38D: Information about border-crossing craft
1: A person to whom this section applies must give the Customs access, on and after the date specified in the notice referred to in section 38C(b)
a: that is of the kind specified in subsection (2); and
b: that the person holds (whether in New Zealand or overseas) or has access to about any border-crossing craft.
2: The information referred to in subsection (1)(a) is information about the border-crossing craft, about what it is carrying or transporting, about its journey to or from New Zealand, and about its arrival at, or departure from, New Zealand, whether that journey or arrival or departure has occurred, is occurring, or will occur.
3: That information may include, but is not limited to, the following information about the border-crossing craft:
a: if the craft is carrying or transporting goods,—
i: loading and discharge details:
ii: goods storage details:
iii: goods records; and
b: if the craft is carrying or transporting persons,—
i: the number of persons on the craft (whether passengers or crew or other persons):
ii: the seating arrangements or on-board accommodation arrangements:
iii: baggage storage details; and
c: if the craft is carrying or transporting goods and persons, the information in paragraphs (a) and (b). Section 38D inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004
38E: Information about border-crossing persons
1: A person to whom this section applies must give the Customs access, on and after the date specified in the notice referred to in section 38C(b)
a: that is of the kind specified in subsection (2); and
b: that the person holds (whether in New Zealand or overseas) or has access to about any border-crossing person.
2: The information referred to in subsection (1)(a) is information held by the person, or to which the person has access, for the purpose of facilitating the border-crossing person's travel to, or departure from, New Zealand, whether that travel or departure has occurred, is occurring, or will occur.
3: That information may include, but is not limited to, the following information about the border-crossing person:
a: the person's name, date of birth, place of birth, nationality, sex, and passport details:
b: the person's contact details (including telephone number, address, and email address):
c: information identifying the craft on which the person has travelled, is travelling, or intends to travel:
d: any special conditions or arrangements the person has made regarding his or her travel:
e: where the person booked his or her travel:
f: on what date the person booked his or her travel:
g: whether the person has checked baggage. Section 38E inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004
38F: Further provisions about giving Customs access to information under section 38D or section 38E
1: A person to whom section 38D section 38E
2: The chief executive may, by notice in writing, in all or any specified circumstances, exempt a person to whom section 38D section 38E
a: from complying with some or all of the person's obligations under that section; and
b: from complying with some or all of the person's obligations under subsection (1).
3: Nothing in section 38D section 38E Section 38F inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004 Use of information to which access must be given Heading inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004
38G: Controls on use by Customs of information
1: The Customs may without warrant view all information to which access is given under section 38D
2: However, the Customs may view information to which access is given under section 38E sections 38H to 38K
3: Section 282A sections 38H to 38K Section 38G inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004 Searching and viewing by Customs of information about border-crossing persons Heading inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004
38H: Information about travel within 28-day period
1: Information to which access is given under section 38E
2: The Customs may without warrant search information that it may view under subsection (1) to determine whether that information includes information that is relevant to search criteria specified by the Customs.
3: However, if information is viewed under subsection (1), the Customs may collect, use, and disclose that information in accordance with section 282A
4: Powers under this section of viewing or searching are exercisable in a particular case even though, in the circumstances of that case, the purpose of the viewing or searching would not be, or would not be likely to be, frustrated if the viewing or searching were delayed until a warrant under section 38J
5: For the purposes of this section and section 38I information about travel within the 28-day period
a: to an arrival in, or departure from, New Zealand that, according to the information,—
i: occurred within 14 days before that time; or
ii: is occurring at that time; or
iii: will occur within 14 days after that time; or
b: to travel that, according to the information, occurred, is occurring, or will occur, in connection with an arrival or departure referred to in paragraph (a),—
i: whether that travel is travel within New Zealand or overseas; and
ii: whether that travel is travel that occurred, is occurring, or will occur, before or after the arrival or departure of that kind. Section 38H inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004
38I: Information about other travel may be searched for information relating to travellers within 28-day period
1: In this section, information about other travel
a: to which access is given under section 38E
b: that is not information about travel within the 28-day period.
2: This section applies to the following situation:
a: the Customs, in considering information viewed under section 38H
b: the Customs wishes—
i: to search information about other travel to determine whether it includes information that relates to that person; and
ii: to view any information that relates to that person and is found as a result of the search.
3: In that situation, the Customs may without warrant—
a: search information about other travel to determine whether it includes information that relates to the person; and
b: view information in accordance with subsection (5).
4: However, the search may be conducted only if it can be completed within 14 days after the arrival or departure to which the information about travel within the 28-day period relates ( see section 38H(5)(a)
5: The Customs must not view information about other travel unless that information relates to the person and is found as a result of the search.
6: Powers under this section of viewing or searching are exercisable in a particular case even though, in the circumstances of that case, the purpose of the viewing or searching would not be, or would not be likely to be, frustrated if the viewing or searching were delayed until a warrant under section 38J Section 38I inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004
38J: Search and viewing warrants
1: This section applies to the following situation:
a: the chief executive considers, in the light of information of any kind that is available to the Customs, that there are reasonable grounds to suspect that—
i: there exists a risk or threat relevant to the purpose stated in section 38B(1)
ii: a relevant offence (as defined in subsection (6)) has been, is being, or will be committed:
b: the Customs wishes—
i: to search information to which access is given under section 38E
ii: to view any information that is relevant to the search criteria specified by the Customs and is found as a result of the search:
c: the search cannot be conducted and the viewing done under section 38H section 38I
2: In that situation, the chief executive may, by application in writing made on oath, apply to a District Court Judge for a search and viewing warrant authorising—
a: the carrying out of the search within 14 days after the day on which the warrant is granted (or within any extension of that period granted by a District Court Judge on an application in writing for the purpose made within that period); and
b: the viewing by the Customs of any information that is relevant to the search criteria specified by the Customs and that is included in information to which access is given under section 38E
3: The application must give details of the reasonable grounds to suspect required by subsection (1), of the information available to the Customs that gives rise to those reasonable grounds to suspect, and of the search criteria specified by the Customs, and it must also indicate whether the search is to be of all, or of only a specified part or parts, of the information to which access is given under section 38E
4: On an application under subsection (2), a District Court Judge may grant a search and viewing warrant in the prescribed form, but only if he or she is satisfied that—
a: the reasonable grounds to suspect required by subsection (1) exist; and
b: the search criteria specified by the Customs are reasonably related to the information available to the Customs that gives rise to those reasonable grounds to suspect.
5: The warrant is sufficient authority for the doing of the things specified in subsection (2)(a) and (b).
6: In this section and section 38K relevant offence section 38B(1)(b) section 38B(1) Section 38J inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004
38K: Search and viewing without warrant in emergencies
1: This section applies to the following situation:
a: the situation specified in section 38J(1)
b: the chief executive considers that, if he or she were to apply to a District Court Judge for a search and viewing warrant under section 38J
c: the chief executive also considers that delaying a search and any resulting viewing until a search and viewing warrant can be obtained under section 38J would create a real risk that—
i: the countering of the risk or threat referred to in section 38J(1)(a)(i) would be frustrated; or (as the case requires)
ii: the prevention, detection, investigation, prosecution, or punishment of the relevant offence would be frustrated.
2: In that situation, the chief executive may, with no further authority than this section, have the things specified in section 38J(2)(a) and (b)
3: However, if the chief executive acts under subsection (2), he or she must within 72 hours apply under section 38J(2) Section 38K inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004
38L: Procedure if viewing of information not authorised
1: This subsection applies to both of the following situations:
a: the 72-hour period referred to in section 38K(3)
b: the application required by section 38K(3) section 38J(4)
2: In a situation to which subsection (1) applies, things done in reliance on section 38K(2) section 38J(4)
3: In a situation to which subsection (1) applies,—
a: the Customs must destroy immediately information viewed by it in reliance on section 38K(2) section 282A section 38J(4)
b: other persons or bodies must destroy immediately information viewed by the Customs in reliance on section 38K(2) section 282A(2) section 38J(4) Section 38L inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004
38M: Security of applications for warrants
1: As soon as an application under section 38J(2)
2: Despite any enactment or rule of law or rules of court entitling a party to proceedings to demand the production of documents, no party of that kind is entitled to demand the production of documents held in safe custody under subsection (1), except in accordance with this section.
3: Every party of that kind who requires the production of a document held in safe custody under subsection (1) must, except in a case to which subsection (9) or subsection (10) applies, apply in writing to the Registrar, who must promptly notify the chief executive.
4: If, within 3 days after notice is given to the chief executive under subsection (3), the chief executive gives written notice to the Registrar that he or she intends to oppose the production of the documents, the Registrar must refer the matter to a District Court Judge.
5: If the chief executive does not give the written notice referred to in subsection (4), the Registrar must produce the documents to the party applying for production.
6: If a matter is referred to a Judge under subsection (4), both the person requesting production of the documents and the chief executive opposing production must be given an opportunity to be heard.
7: The Judge may order that all or a specified part of a document the production of which is in dispute not be produced if he or she is satisfied that—
a: the document or part contains information of a kind referred to in section 38N(1)
b: production of that information would involve disclosure of a kind referred to in section 38N(2)
8: Subject to subsection (7), the Judge must order the production of the documents to the party requesting it.
9: If a request for the production of a document kept in safe custody under subsection (1) is made in the course of proceedings presided over by a District Court Judge and the request is opposed, the Judge must adjudicate upon the matter as if it had been referred to him or her under subsection (4).
10: If a request of that kind is made in the course of any other proceedings, the presiding judicial officer must promptly refer the matter to a District Court Judge for adjudication of the kind referred to in subsection (9).
11: Despite anything in this section, every District Court Judge or Judge of the High Court who is presiding over any proceedings in which the issue of a warrant under section 38J 1978 No 65 s 20 Section 38M inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004
38N: Information and disclosure in section 38M(7)
1: Information falls within section 38M(7)(a)
a: might lead to the identification of, or provide details of, the source of the information, the nature, content, or scope of the information, or the nature or type of the assistance or operational methods available to the Customs; or
b: is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in pursuance of any of the functions of the Customs; or
c: has been provided to the Customs by the government of another country or by an agency of a government of another country or by an international organisation, and is information that cannot be disclosed by the Customs because the government or agency or organisation by which the information has been provided will not consent to the disclosure.
2: Disclosure of information falls within section 38M(7)(b)
a: to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
b: to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the government of another country or any agency of such a government, or by any international organisation; or
c: to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or
d: to endanger the safety of any person.
3: In this section,— country international organisation Section 38N inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004 Miscellaneous provisions Heading inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004
38O: Disposal of information collected by Customs
1: This section applies to information—
a: viewed under any of sections 38G to 38K
b: collected for a purpose specified in section 282A(2)
2: The Customs must, at least once every 6 months after this section comes into force, determine whether the retention of the information by the Customs continues to be necessary for that purpose and, if it is not, must dispose of the information promptly.
3: This section does not limit section 38L(3)(a) Section 38O inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004
38P: Protection of persons acting under authority of Part
Neither the Crown nor the chief executive or a Customs officer or an authorised person is liable for anything done or omitted to be done or purporting to have been done by a person in the exercise of a power conferred by this Part unless the person has not acted in good faith or has acted without reasonable care. Section 38P inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004
38Q: Part does not limit other access to or use of information
Nothing in this Part—
a: prevents a person concerned in the movement of goods, persons, or craft from giving Customs access to information otherwise than as required by or under this Part:
b: prevents the Customs from using otherwise than as provided in this Part information to which Customs is given access otherwise than as required by or under this Part:
c: affects any obligation a person may have to give the Customs advance notice of matters under section 21
d: affects any obligation a person may have under this Act to make an entry in respect of goods that are imported or that are to be imported:
e: affects any powers the Customs has to collect and use information under section 32D Section 38Q inserted 1 October 2004 section 15 Customs and Excise Amendment Act 2004 Section 38Q(e) amended 22 August 2017 section 22 Enhancing Identity Verification and Border Processes Legislation Act 2017
4: Entry and accounting for goods
Importation of goods
39: Entry of imported goods
1: Subject to any regulations made under section 40
a: in such form and manner (including by electronic means into a computer or other device) as may be prescribed; and
b: within such time as may be prescribed or such further time as the chief executive may allow.
2: Where any entry required by this section relates to goods that are dutiable in accordance with the volume of alcohol present in the goods, the person making the entry shall specify the volume of alcohol in the prescribed manner.
3: Every person entering goods under this section must—
a: answer any question asked by a Customs officer with respect to the goods; and
b: on the request of a Customs officer, present the goods to the officer, remove any covering from the goods, unload any conveyance or open any part of it, or open and unpack any package that the officer wishes to examine.
3A: Every person entering goods under this section may, in accordance with any conditions a Customs officer may impose,—
a: inspect the goods; or
b: draw samples from the goods.
4: If—
a: default is made in the entry of goods pursuant to this section; or
b: the goods are not claimed within such period as may be prescribed,— duty becomes due and payable on the goods, and the goods may be sold or otherwise disposed of by the chief executive. 1966 No 19 ss 19, 55 Section 39(3A) inserted 27 September 2001 section 3 Customs and Excise Amendment Act 2001
39A: Entry of imported goods in multiple or split shipments
1: This section applies if the chief executive considers, after taking into account any criteria prescribed by regulations made under section 40
2: The chief executive may, on application by an importer, allow the goods to be—
a: imported in multiple or split shipments; and
b: entered by the importer under the same Tariff classification that they would have been entered under if they had been imported in 1 shipment.
3: In exercising the power conferred by subsection (2) Section 39A inserted 6 April 2012 section 6 Customs and Excise Amendment Act 2012
40: Regulations relating to entry of imported goods
Without limiting the power to make regulations under section 286
a: prescribing when an entry is deemed to have been made for the purposes of this Act; and
b: prescribing the conditions under which an entry is deemed to have been passed for the purposes of this Act; and
c: exempting specified goods or goods of a specified class from the requirements of section 39(1)
d: prescribing goods or classes of goods that shall be deemed to have been entered under section 39(1) ; and
e: for the purposes of section 39A(1) 1966 No 19 s 22 1990 No 89 s 5 Section 40(d) amended 6 April 2012 section 7 Customs and Excise Amendment Act 2012 Section 40(e) inserted 6 April 2012 section 7 Customs and Excise Amendment Act 2012
40A: Fees and charges relating to importation of goods
1: Without limiting the power to make regulations under section 287
2: The provisions of Part 8
3: Before making a recommendation under subsection (1) in relation to any proposed regulations, the Minister must be satisfied that the persons that the Minister considers are representative of interests likely to be substantially affected by the proposed regulations have been consulted about the proposed regulations to the extent that is reasonably practicable having regard to the circumstances of the case.
4: For the purposes of subsection (3), the Minister may take into account any relevant consultation undertaken by or on behalf of the Minister before this section comes into force.
5: A failure to comply with subsection (3) does not affect the validity of any regulations of the kind described in subsection (1). Section 40A inserted 9 October 2002 section 4 Customs and Excise Amendment Act (No 2) 2002
41: Imported goods to be dealt with according to entry
Goods in respect of which entry has been made and passed must forthwith be dealt with in accordance with the entry and with the provisions of this Act in respect of the goods so entered. 1966 No 19 s 25(1)
42: Cancellation and amendments of entries
Section 42 repealed 6 March 2007 section 25 Customs and Excise Amendment Act 2007
43: Unloading goods
No person shall unload goods that are subject to the control of the Customs from a craft except—
a: pursuant to a permit or other authorisation granted by the chief executive, which permit or other authorisation shall be subject to such conditions as the chief executive may determine; or
b: where the safety of the craft, or the goods or persons in the craft, is threatened by collision, fire, the stress of weather, or similar circumstances, or such other circumstances as may be prescribed. 1966 No 19 s 50(1)
44: Craft imported otherwise than as cargo
1: Notwithstanding anything in this Act, such entries shall be made in respect of a craft imported into New Zealand otherwise than as cargo as the chief executive may from time to time determine in relation to any craft or class of craft by notice in the Gazette
2: For the purpose of making entries in respect of a craft imported into New Zealand otherwise than as cargo, the craft shall be deemed to have been imported as cargo and unloaded as such on its arrival. 1966 No 19 s 56
45: Samples or illustrations
1: The importer of goods must furnish free of charge, such samples, illustrations, drawings, documents, or plans relating to the goods as may be required by a Customs officer for the purposes of analysis, classification, or record.
2: Any sample required to be furnished in accordance with subsection (1) must be as small as possible for the purpose for which it is taken. 1966 No 19 s 61 Section 45(2) added 27 September 2001 section 4 Customs and Excise Amendment Act 2001 Transportation within New Zealand
46: Transportation of imported goods
Except as otherwise permitted by the chief executive, no goods subject to the control of the Customs shall be placed in a craft, vehicle, or other conveyance for transportation within New Zealand until entry has been made in accordance with section 39(1) 1966 No 19 s 62(1)
47: Removal of goods from Customs controlled area
1: Goods that are subject to the control of the Customs must not be delivered or removed from a Customs controlled area except—
a: as provided by this Act; or
b: subject to subsection (3), with the permission of a Customs officer after entry has been made and passed in the prescribed form and manner; or
c: pursuant to a permit or other authorisation granted by the chief executive in respect of those goods, subject to such conditions as the chief executive may determine; or
d: by a Customs officer in the performance of his or her duties under this Act.
2: The chief executive may, by notice in writing, vary or revoke any conditions to which a permit granted by the chief executive under subsection (1)(c) is subject, or may revoke those conditions and impose new conditions or may revoke the permit completely.
3: Notwithstanding subsection (1)(b), while goods remain subject to the control of the Customs, the chief executive may revoke any notice of delivery given in respect of those goods.
4: A person who is dissatisfied with a decision of the chief executive under subsection (1)(c) or subsection (2) may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision. 1966 No 19 ss 52A(1), 99(1)
48: Temporary removal of goods from Customs controlled area
1: Subject to section 156
2: Goods so removed remain subject to the control of the Customs and are deemed to be within the Customs controlled area from which they were so removed, and the provisions of this Act continue to apply to them accordingly. 1966 No 19 s 101 Transhipments: international or domestic Heading inserted 24 June 2014 section 11 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
48A: Transhipment requests
1: This section applies to cargo on a craft if—
a: the craft—
i: is en route to, or has arrived in, New Zealand, from a point outside New Zealand; or
ii: is carrying goods subject to the control of the Customs brought in that craft or any other craft from a point outside New Zealand; or
iii: is to depart, or is departing, for a point outside New Zealand from a place in New Zealand; and
b: the cargo is to be or has been imported, but is to be or is being transhipped, either—
i: internationally, in that it is not to be entered for home consumption in New Zealand, but is destined for, and will remain subject to the control of the Customs at all times until it reaches, a point outside New Zealand; or
ii: domestically, in that it is not to be entered for home consumption at the (Customs or other) place to which the craft proceeded directly on arriving within New Zealand, but is destined for, and will remain subject to the control of the Customs at all times until it reaches, and is entered for home consumption at, some other (Customs or other) place within New Zealand.
2: Any person may, before the prescribed deadline, make to the chief executive a transhipment request in respect of the cargo.
3: The request must—
a: contain such information relating to the cargo (being information that is genuine, not erroneous in a material particular, and not misleading) as may be prescribed; and
b: be made in the prescribed form and manner; and
c: be accompanied by such supporting documents (being documents each of which is genuine, not erroneous, and not misleading) as the chief executive may require.
4: Information supplied under this section is subject to, but this section does not limit, section 204A
5: The chief executive must as soon as is reasonably practicable agree to or decline each transhipment request made.
6: A transhipment request agreed to by the chief executive authorises (under section 47(1)(a)
7: However, a transhipment request agreed to by the chief executive does not limit or affect enactments in or under other Acts that apply to the cargo (for example, enactments in or under the Biosecurity Act 1993
8: A person who is dissatisfied with a decision of the chief executive under subsection (4) Section 48A inserted 24 June 2014 section 11 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Exportation of goods
49: Entry of goods for export
1: Subject to any regulations made under section 50
a: in such form and manner (including by electronic means into a computer or other device) as may be prescribed; and
b: before the prescribed deadline (if any) or any later deadline the chief executive may allow.
2: Every person who makes an entry under this section must—
a: answer any question relevant to matters arising under this Act asked by a Customs officer with respect to the goods; and
b: at the request of a Customs officer, present the goods to the officer, remove any covering from the goods, unload any conveyance or open any part of it, or open and unpack any package that the officer wishes to examine.
3: In the case of goods to be exported under drawback, the making of any such entry is deemed to be the making of a claim for drawback.
4: Unless the chief executive in any particular case otherwise determines, no right to drawback exists in the case of goods placed on a craft before entry has been made and passed.
5: Except as otherwise permitted by the chief executive, goods must not be loaded for export until entry has been made and passed
6: Despite an entry being passed in accordance with subsection (5), the chief executive may revoke the goods' permission to export if the chief executive has reasonable cause to suspect the goods endanger, or threaten to endanger,—
a: border security; or
b: New Zealand's trade interests or international obligations; or
c: the life, health, or safety of a person or group of persons; or
d: the safety of the craft that will carry the goods, or of other goods to be carried on that craft. 1966 No 19 ss 53, 63, 184 Section 49(1)(b) substituted 8 December 2009 section 6(1) Customs and Excise Amendment Act 2009 Section 49(5) amended 1 October 2004 section 16 Customs and Excise Amendment Act 2004 Section 49(6) added 8 December 2009 section 6(3) Customs and Excise Amendment Act 2009
50: Regulations relating to entry of goods for export
Without limiting the power to make regulations under section 286
aaa: specifying when an entry of goods for export is deemed to have been made; and
aa: prescribing the conditions under which an entry is deemed to have been passed for the purposes of this Act; and
a: exempting specified goods or goods of a specified class from the requirements of section 49(1)
b: prescribing goods or classes of goods that shall be deemed to have been entered under section 49(1) and the circumstances in which and the conditions subject to which those goods shall be so deemed. Section 50(aaa) inserted 6 April 2012 section 8 Customs and Excise Amendment Act 2012 Section 50(aa) inserted 1 October 2004 section 17 Customs and Excise Amendment Act 2004
50A: Fees and charges relating to exportation of goods
1: The Governor-General may, on the recommendation of the Minister, make regulations under section 287(1)(a)
2: The provisions of Part 8
3: Before making a recommendation under subsection (1) in relation to any proposed regulations, the Minister must be satisfied that the persons that the Minister considers are representative of interests likely to be substantially affected by the proposed regulations have been consulted about the proposed regulations to the extent that is reasonably practicable having regard to the circumstances of the case.
4: For the purposes of subsection (3), the Minister may take into account any relevant consultation undertaken by or on behalf of the Minister before this section comes into force.
5: A failure to comply with subsection (3) does not affect the validity of any regulations of the kind described in subsection (1).
6: Subsection (1) does not limit section 287 Section 50A inserted 2 July 2004 section 18 Customs and Excise Amendment Act 2004
51: Goods for export to be dealt with according to entry
1: In the case of goods that have been entered for export, the person making the entry, or the owner of the goods, as the case may be, must forthwith export the goods to a point outside New Zealand in accordance with the entry and with the provisions of this Act relating to the exportation of goods.
2: If goods entered for export are not exported according to the entry, the person making the entry must immediately give notice to the Customs of the failure to export and the reasons for it and, in any such case, the chief executive—
a: shall cancel or amend the entry; and
b: may, where applicable, allow the goods to be released from the control of the Customs.
3: Notwithstanding subsection (1), where the licence conditions of a Customs controlled area allow, an export entry may be made in the case of goods removed from that area for sales made for delivery to persons on their arrival in New Zealand from a point outside New Zealand. 1966 No 19 ss 25, 66(1)
52: Goods for export not to be landed
No goods loaded for export shall, without the permission of a Customs officer, be landed except at a point outside New Zealand. 1966 No 19 s 68(1)
53: Time of exportation
For the purposes of this Act, the time of exportation is the time when the exporting craft leaves the last Customs place at which that craft calls immediately before proceeding to a point outside New Zealand. 1966 No 19 s 69 Customs seals Heading: inserted 2 July 2004 section 19 Customs and Excise Amendment Act 2004
53A: Customs seal may be
used in relation
1: The chief executive may, by notice in writing specifying the date on and after which the appointment takes effect, appoint a Customs officer or other person to use reuse in relation
2: The notice must specify the circumstances in which the officer or other person may use a Customs seal in relation using
3: Without limiting the generality of subsection (2), the notice must specify that the officer or other person may use a Customs seal in relation to a package of goods that has not had a Customs seal used in relation to it only if—
a: the exporter concerned (or his or her agent or employee) consents to the seal being used; or
b: the seal is used incidental to, and immediately after, the exercise by any person of a power under this Act to examine or search for goods of any kind.
4: The notice must also specify the circumstances in which the officer or other person may alter, remove, damage, dispose of, or otherwise interfere with a Customs seal used in relation
5: A notice of appointment under this section may be amended or revoked by the chief executive by a further notice in writing given to the officer or other person concerned and specifying the date on or after which the amendment or revocation takes effect. Section 53A inserted 2 July 2004 section 19 Customs and Excise Amendment Act 2004 Section 53A heading amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 53A(1) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 53A(2) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 53A(3) substituted 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 53A(4) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009
53B: Warning notices for packages
in relation to which seal used A notice of appointment under section 53A using a Customs seal in relation
a: that the goods in the package are, from the time when a Customs seal is first used in relation
b: that the powers of detention and search in section 144(4)
i: subject to the control of the Customs; and
ii: in a package in relation used
c: that a Customs officer may, under section 146(2)
i: a person who is the owner or operator of a vehicle that a Customs officer has reasonable cause to suspect has in or on it, or has within the previous 72 hours had in or on it, goods subject to the control of the Customs and in a package in relation
ii: a person who is the owner or occupier of premises that a Customs officer has reasonable cause to suspect have in or on them, or have within the previous 72 hours had in or on them, goods subject to the control of the Customs and in a package in relation
iii: a person employed by a person described in subparagraph (i) or (ii):
d: that the powers in section 151
i: subject to the control of the Customs; and
ii: in a package in relation used Section 53B inserted 2 July 2004 section 19 Customs and Excise Amendment Act 2004 Section 53B heading amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 53B amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 53B(a) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 53B(b)(ii) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 53B(c)(i) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 53B(c)(ii) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 53B(d)(ii) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Customs-approved secure exports schemes Heading: inserted 2 July 2004 section 19 Customs and Excise Amendment Act 2004
53C: Chief executive may approve secure exports scheme
1: On an application for the purpose in writing by a person involved in the carriage, handling, transportation, or exportation of goods for export (in this section and sections 53F 53I exporter
2: The chief executive must ensure that the exporter concerned is notified promptly and in writing of any decision to give or to decline an approval under this section.
3: An approval under this section must be in writing, may be given subject to any conditions the chief executive specifies in the approval, and takes effect either on the day after the date on which it is given or on any later date specified in the approval.
4: An approval under this section may be revoked by the chief executive by notice in writing given to the exporter concerned and specifying both any conditions to which the revocation is subject and the date on or after which the revocation takes effect.
5: Subsections (1) to (4) apply (with all necessary modifications) to any amendment to a secure exports scheme.
6: On an application for the purpose by the exporter concerned, the chief executive must revoke an approval under this section of all of a secure exports scheme. However, the revocation must be subject to the condition that goods remain subject to the scheme until exported if, at the time the revocation takes effect, the goods have been secured in a Customs-approved secure package under the scheme but not yet exported.
7: An applicant who is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision. Section 53C inserted 2 July 2004 section 19 Customs and Excise Amendment Act 2004
53D: Purpose of secure exports scheme
The purpose of a secure exports scheme is to help to ensure that goods to be exported under the scheme are—
a: packaged securely and with no other goods; and
b: conveyed securely and without interference to the place of shipment and shipped. Section 53D inserted 2 July 2004 section 19 Customs and Excise Amendment Act 2004
53E: Matters to be specified in secure exports scheme
1: A secure exports scheme must specify how the goods to be exported under the scheme are to be packed, including—
a: the secure package to be used:
b: the seal, marking, substance, or device to be used in relation
i: to show that, when it was secured, the package contained only the goods, and was secured in an approved way; and
ii: to help to identify tampering or interference with the package after it is secured.
2: A secure exports scheme must also specify any conditions required by the chief executive as to—
a: the persons who are to pack the goods, and the security checks to be applied to those persons:
b: the conditions in which packing is to occur (for example, the area or areas in which packing is to occur, and the controls on the entry and exit of persons and goods to that area or those areas):
c: any other requirements relating to how the goods are to be packed.
3: A secure exports scheme must also specify how, on the completion of the packing of the goods, the goods are to be conveyed to the place of shipment and shipped, including any conditions required by the chief executive as to—
a: the persons who are to convey the goods, and the security checks to be applied to those persons:
b: the manner in which the goods are to be conveyed:
c: any place or places of security en route to the place of shipment in which the goods are to be stored in the course of being conveyed to the place of shipment and shipped. Section 53E inserted 2 July 2004 section 19 Customs and Excise Amendment Act 2004 Section 53E(1)(b) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009
53F: Matters to be acknowledged in secure exports scheme
A secure exports scheme must include express acknowledgements by the exporter concerned—
a: that the goods to be exported under the scheme are, from the time when they are first secured in a Customs-approved secure package until the exportation of the goods to a point outside New Zealand, goods subject to the control of the Customs:
b: that the powers of detention and search in section 144(4)
i: subject to the control of the Customs; and
ii: in a Customs-approved secure package:
c: that a Customs officer may, under section 146(2)
i: a person who is the owner or operator of a vehicle that a Customs officer has reasonable cause to suspect has in or on it, or has within the previous 72 hours had in or on it, goods subject to the control of the Customs and in a Customs-approved secure package:
ii: a person who is the owner or occupier of premises that a Customs officer has reasonable cause to suspect have in or on them, or have within the previous 72 hours had in or on them, goods subject to the control of the Customs and in a Customs-approved secure package:
iii: a person employed by a person described in subparagraph (i) or (ii):
d: that the powers in section 151
i: subject to the control of the Customs; and
ii: in a Customs-approved secure package. Section 53F inserted 2 July 2004 section 19 Customs and Excise Amendment Act 2004
53G: Goods to be exported under Customs-approved secure exports scheme may be exported under drawback
1: Goods to be exported under a Customs-approved secure exports scheme may be exported under drawback.
2: If goods to be exported under a Customs-approved secure exports scheme are exported under drawback, then all conditions (if any) as may be prescribed for allowing drawback of duty must be satisfied, even though satisfying those conditions may involve conveying or handling or storing the goods in a way not specified in the scheme. Section 53G inserted 2 July 2004 section 19 Customs and Excise Amendment Act 2004
53H: Use in relation
1: Nothing in this Act prevents a Customs seal from being used in relation to a Customs-approved secure package after an approved seal, marking, substance, or device of the kind referred to in section 53E(1)(b)
2: Goods to be exported under a Customs-approved secure exports scheme must not be regarded as no longer to be exported under the scheme just because 1 or more Customs seals have been used in relation Section 53H inserted 2 July 2004 section 19 Customs and Excise Amendment Act 2004 Section 53H heading amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 53H(1) substituted 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 53H(2) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009
53I: Exporters may be involved in exportation of goods outside Customs-approved secure exports scheme
1: This section applies to an exporter involved in the carriage, handling, transportation, or exportation of goods for export under 1 or more Customs-approved secure exports schemes.
2: Nothing in this Act prevents the exporter from being involved in the carrying, handling, transportation, or exportation of goods for export otherwise than under that scheme or those schemes. Section 53I inserted 2 July 2004 section 19 Customs and Excise Amendment Act 2004
53J: Review of Customs-approved secure exports scheme
The chief executive may, at any time, review the operation of any Customs-approved secure exports scheme. Section 53J inserted 2 July 2004 section 19 Customs and Excise Amendment Act 2004
5: Prohibited imports and prohibited exports
54: Prohibited imports
1: It is unlawful to import into New Zealand—
a: any of the goods specified in Schedule 1
aa: all publications as defined in section 2
ab: goods designed, manufactured, or adapted with intent to facilitate the commission of a crime involving dishonesty; or
ac: goods that, having regard to all relevant circumstances, can reasonably be considered—
i: part of, or involved in, an attempt to commit a crime involving dishonesty to which section 72
ii: related to a conspiracy to commit a crime involving dishonesty to which section 310
b: goods the importation of which is prohibited by an Order in Council made under subsection (2).
1A: Electronic publications the importation of which is prohibited by subsection (1)(aa) must be treated as if they were goods for the purposes of this Act (except for section 12 section 1(3)
2: The Governor-General may from time to time, by Order in Council, prohibit the importation into New Zealand of—
a: any specified goods; or
b: goods of a specified class or classes,— if, in the opinion of the Governor-General, the prohibition is necessary in the public interest.
3: A prohibition imposed under this section—
a: may be general; or
b: may be limited to the importation of goods from a specified place or by or from a specified person or class of persons; or
c: may, whether general or limited, be absolute or conditional.
4: A conditional prohibition may allow the importation of goods—
a: under the authority of a licence or a permit (whether granted before or after the importation of the goods), or a consent, to be granted by the chief executive or by any other person named in the Order in Council, on or subject to such terms or conditions (if any) not inconsistent with the provisions of the prohibition, as may be imposed by the chief executive or other person granting the licence, permit, or consent; or
b: on or subject to any other prescribed conditions.
5:
6:
7: No goods otherwise dutiable are exempt from duty because their importation is unlawful.
8: All Orders in Council made under the Customs Act 1966 section 55
9: In this section, crime involving dishonesty section 2(1) 1966 No 19 s 48(2), (3)(a), (4), (5), (6), (12) Section 54(1)(aa) substituted 22 February 2005 section 40 Films, Videos, and Publications Classification Amendment Act 2005 Section 54(1)(ab) inserted 7 November 2015 section 4(1) Customs and Excise Amendment Act (No 2) 2015 Section 54(1)(ac) inserted 7 November 2015 section 4(1) Customs and Excise Amendment Act (No 2) 2015 Section 54(1A) inserted 9 October 2002 section 5(2) Customs and Excise Amendment Act (No 2) 2002 Section 54(5) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 54(6) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 54(9) inserted 7 November 2015 section 4(2) Customs and Excise Amendment Act (No 2) 2015
54A: Orders are confirmable instruments
The explanatory note of an Order in Council made under section 54(2)
a: it is a confirmable instrument under section 47B
b: it is revoked at a time stated in the note, unless earlier confirmed by an Act of Parliament; and
c: the stated time is the applicable deadline under section 47C(1)(a) or (b) Section 54A inserted 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015
55: Duration of Orders in Council prohibiting imports
1: Subject to subsection (2), an Order in Council made under section 54
2: Subsection (1) shall not apply where it is expressly provided in the Order in Council that it will expire after a period of less than 3 years, or if the Order in Council is sooner revoked.
3: Where an Order in Council made under section 54
4: For the purposes of subsections (1) to (3), but not for any other purposes, the Orders in Council referred to in section 54(8) 2018-11-08 Customs Import Prohibition (Trout) Order 2015 2019-10-01 Customs Import Prohibition (Southern Bluefin Tuna) Order 2016 expires 3 years after the date on which it comes into force 2020-03-01 Customs Import Prohibition (High-power Laser Pointers) Order 2017 If this order is confirmed, it will expire on the close of 29 February 2020 unless it is revoked or extended before then. 2021-09-30 Customs Import Prohibition (Trout) Order 2018 Order confirmed: by section 13(a) of the Subordinate Legislation Confirmation Act 2019 (2019 No 82) on 20 December 2019 (Doreen), it will expire on the close of 29 September 2021 unless it is revoked or extended before then. 2020-10-01 Customs Import Prohibition Order 2017 Order has been confirmed by section 11(b) of the Subordinate Legislation Confirmation Act (No 2) 2018 and will expire on the close of 30 September 2020.
56: Prohibited exports
1: It is unlawful to export from New Zealand—
a: all publications as defined in section 2
ab: goods designed, manufactured, or adapted with intent to facilitate the commission of a crime involving dishonesty; and
ac: goods that, having regard to all relevant circumstances, can reasonably be considered—
i: part of, or involved in, an attempt to commit a crime involving dishonesty to which section 72
ii: related to a conspiracy to commit a crime involving dishonesty to which section 310
b: goods or electronic publications the exportation of which is prohibited by an order under subsection (2)(a) or (b); and
c: goods or electronic publications the exportation of which the Secretary has determined is prohibited under an order under subsection (2)(c).
1A: Electronic publications the exportation of which is prohibited by subsection (1) section 12 section 1(3)
2: If the Governor-General considers prohibition is necessary in the public interest, the Governor-General may by Order in Council prohibit the exportation from New Zealand of any or all of the following:
a: any specified—
i: electronic publications that have or may have a strategic use; or
ii: goods; or
b: a specified class or classes of—
i: electronic publications that have or may have a strategic use; or
ii: goods; or
c: goods or electronic publications described by any use to which—
i: they may be put; or
ii: any information recorded on them may be put; or
iii: any information capable of being derived from them may be put.
2A: For the purposes of this section,— crime involving dishonesty section 2(1) military Secretary software strategic use
a: the development, production, or deployment of nuclear explosive devices (as defined in section 2
b: the development, production, or deployment of biological weapons (as defined in section 2
c: the development, production, or deployment of chemical weapons (as defined in the Schedule
d: military use or applications; or the development, production, or deployment of military goods or other goods that have a civilian use but that are intended for military use or that may have military applications.
2B: An order under subsection (2)(c) must describe goods or electronic publications by reference only to uses that relate (directly or indirectly) to either or both of the following:
a: where contrary to New Zealand's interests, strategic uses:
b: terrorist acts (as defined in section 5
2C: The Secretary may determine that any goods or electronic publications are goods or electronic publications described by an order under subsection (2)(c).
2D: As soon as practicable after making a determination under subsection (2C), the Secretary must give notice in writing (which includes, without limitation, by facsimile or electronic means) of the determination to the chief executive and to each relevant exporter.
2E: The relevant exporter is deemed to have received the Secretary's notice under subsection (2D) in accordance with section 285
2F: If any person is aware or should reasonably be aware that any goods or electronic publications the person wishes to export are intended for or may have any of the uses described in an order made under subsection (2)(c), the person must, before exporting the goods or electronic publications, inform the Secretary.
2G: The Secretary must maintain an up-to-date list of all goods, classes of goods, electronic publications, and classes of electronic publications that are prohibited under subsection (2)(a) and (b) because they have or may have a strategic use.
2H: The Secretary must make the list maintained under subsection (2G) available by—
a: notifying the chief executive of it; and
b: publishing it on the Internet (at all reasonable times) on a website maintained by, or on behalf of, the Secretary.
2I: Any failure to publish a list under subsection (2H) does not invalidate the prohibition of goods or electronic publications mentioned in the list.
3: A prohibition imposed under this section—
a: may be general; or
b: may be limited to the export of goods or electronic publications
c: may, whether general or limited, be absolute or conditional.
4: A conditional prohibition may allow the exportation of goods or electronic publications
a: under the authority of a licence, permit, or consent, to be granted by the chief executive or by any other person named in the Order in Council, on or subject to such terms or conditions (if any) not inconsistent with the provisions of the prohibition, as may be imposed by the chief executive or other person granting the licence, permit, or consent; or
b: on or subject to any other prescribed conditions.
5:
6:
7: No prohibition under this section applies to goods that are already loaded into the exporting craft at the time when the prohibition comes into force.
8: Unless otherwise specified in the order, an Order in Council under this section prohibiting the exportation of goods extends to and applies to the shipment of the goods for use as stores by a craft. 1966 No 19 s 70(2)–(4), (8), (9) Section 56(1) substituted 22 February 2005 section 41 Films, Videos, and Publications Classification Amendment Act 2005 Section 56(1)(ab) inserted 7 November 2015 section 5(1) Customs and Excise Amendment Act (No 2) 2015 Section 56(1)(ac) inserted 7 November 2015 section 5(1) Customs and Excise Amendment Act (No 2) 2015 Section 56(1)(b) substituted 6 March 2007 section 8(1) Customs and Excise Amendment Act 2007 Section 56(1)(c) added 6 March 2007 section 8(1) Customs and Excise Amendment Act 2007 Section 56(1A) inserted 22 February 2005 section 41 Films, Videos, and Publications Classification Amendment Act 2005 Section 56(1A) amended 6 March 2007 section 8(2) Customs and Excise Amendment Act 2007 Section 56(2) substituted 6 March 2007 section 8(3) Customs and Excise Amendment Act 2007 Section 56(2A) inserted 6 March 2007 section 8(3) Customs and Excise Amendment Act 2007 Section 56(2A) crime involving dishonesty inserted 7 November 2015 section 5(2) Customs and Excise Amendment Act (No 2) 2015 Section 56(2B) inserted 6 March 2007 section 8(3) Customs and Excise Amendment Act 2007 Section 56(2C) inserted 6 March 2007 section 8(3) Customs and Excise Amendment Act 2007 Section 56(2D) inserted 6 March 2007 section 8(3) Customs and Excise Amendment Act 2007 Section 56(2E) inserted 6 March 2007 section 8(3) Customs and Excise Amendment Act 2007 Section 56(2F) inserted 6 March 2007 section 8(3) Customs and Excise Amendment Act 2007 Section 56(2G) inserted 6 March 2007 section 8(3) Customs and Excise Amendment Act 2007 Section 56(2H) inserted 6 March 2007 section 8(3) Customs and Excise Amendment Act 2007 Section 56(2I) inserted 6 March 2007 section 8(3) Customs and Excise Amendment Act 2007 Section 56(3)(b) amended 6 March 2007 section 8(4) Customs and Excise Amendment Act 2007 Section 56(4) amended 6 March 2007 section 8(5) Customs and Excise Amendment Act 2007 Section 56(5) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 56(6) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015
56A: Orders are confirmable instruments
The explanatory note of an Order in Council made under section 56(2)
a: it is a confirmable instrument under section 47B
b: it is revoked at a time stated in the note, unless earlier confirmed by an Act of Parliament; and
c: the stated time is the applicable deadline under section 47C(1)(a) or (b) Section 56A inserted 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015
57: Duration of Orders in Council prohibiting exports
1: Subject to subsection (2), an Order in Council made under section 56
2: Subsection (1) shall not apply where it is expressly provided in the Order in Council that it will expire after a period of less than 3 years, or if the Order in Council is sooner revoked.
3: Where an Order in Council made under section 56 2020-10-01 Customs Export Prohibition Order 2017 Confirmed by section 11(a) of the Subordinate Legislation Confirmation Act (No 2) 2018. This order will expire on the close of 30 September 2020.
58: Production of licence or permit for goods
Where, under this Act or any other Act or under any regulations or order made under this Act or any other Act, the importation or exportation of goods, or of goods of any class or kind, is prohibited except under the authority of a licence or permit, the chief executive may, if he or she thinks fit, refuse to pass an entry for those goods, or for goods of that class or kind until he or she is satisfied that a licence or permit has been issued. 1966 No 19 s 57
6: Duties
59: Certain terms defined in Tariff Act 1988
For the purposes of this Act, unless the context otherwise requires, the terms Normal Tariff Preferential Tariff rate of duty Standard Tariff Tariff Tariff heading Tariff item section 2 Valuation of goods
60: Importer to specify Customs value on entry
1: Every person who makes entry of goods imported or to be imported must, on making entry, specify the Customs value of the goods, determined in accordance with Schedule 2
2: Every importer or agent of an importer who makes an assessment pursuant to subsection (1) must—
a: keep the documents, records, and information in respect of that entry in such manner and for such period as is required by section 95
b: when required by the Customs, produce those documents, records, and information for the purpose of establishing the accuracy of the assessment. 1966 No 19 s 140 1981 No 20 s 10
61: Amendment of valuation assessment
1: If the chief executive is satisfied, whether as the result of an investigation carried out pursuant to section 155 section 159 section 60(1)
a: inconsistent with Schedule 2
b: for any other reason, incorrect,— the chief executive may amend that assessment, and that amended assessment shall be the Customs value for the purposes of this Act.
2: Notice in writing must be given to the importer of—
a: an amended assessment made pursuant to subsection (1); and
b: the basis for the amended assessment, and where applicable, the provisions of Schedule 2
3: Subsection (1) applies whether or not the goods have been released from the control of the Customs or whether or not any duty assessed has been paid.
4: An importer who is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision. 1966 No 19 ss 140, 152B 1981 No 20 s 7
62: Foreign currency
1: Where an amount that is required under a provision of this Act to be taken into account for the purpose of assessing duty or for any other purpose is not an amount in New Zealand currency, the amount to be so taken into account shall be the equivalent amount in New Zealand currency in accordance with a fair rate of exchange determined by the chief executive and notified by such method as may be prescribed.
2: Where an amount is required to be converted into New Zealand currency pursuant to subsection (1), the amount shall be converted,—
a: in the case of goods in respect of which an entry has been made, at the rate applying as at the date of the making of the first entry (not being an entry for removal) for those goods:
b: in the case of other goods, at the rate applying as at the date of the first assessment of Customs duty on those goods. 1966 No 19 s 143 1985 No 145 s 10
63: Crown's right of compulsory acquisition
1: For the protection of the revenue against the undervaluation of goods subject to ad valorem
2: The right of taking goods under subsection (1) may be exercised by the chief executive, and the acquisition of the goods is effected as soon as a warrant in the prescribed form for their acquisition is signed by the chief executive.
3: Goods become the property of the Crown under this section on the signing of the warrant.
4: Notice in writing that the chief executive has signed a warrant under this section shall be given to the importer immediately after the signing of the warrant.
5: Goods acquired by the Crown under this section must, where no appeal is made under subsection (8), be sold by the chief executive or by his or her agent and the proceeds of sale must be accounted for as Customs revenue.
6: The price payable by the Crown for the goods acquired under this section shall be—
a: equal to their declared Customs value with the addition of—
i: such charges for freight, insurance, and other matters incidental to their importation as the chief executive thinks reasonable; and
ii: any duties already paid on the goods; and
b: paid to the importer without further appropriation than this section within 10 working days of the acquisition of the goods.
7: Nothing in this section limits or affects any other powers of the Customs in respect of the goods or any liability of the importer or any other person in respect of an offence committed in respect of the goods.
8: An importer who is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision. 1966 No 19 s 147 1981 No 20 s 11 Origin and preferential Tariff provisions
64: Origin of fish or other produce of the sea
1: In the case of fish or other produce of the sea, or goods produced or manufactured wholly or partly therefrom at sea, anything done by or on board a ship belonging to a country (other than New Zealand) is deemed, for the purposes of this Act and the Tariff Act 1988
2: If any question arises as to the country to which any ship belongs for the purposes of subsection (1), the question shall be determined by the chief executive
3: A person who is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to the Customs Appeal Authority against that decision. 1966 No 19 s 148(2), (3) Section 64(2) amended 27 September 2001 section 5(1) Customs and Excise Amendment Act 2001 Section 64(3) added 27 September 2001 section 5(2) Customs and Excise Amendment Act 2001
64A: New Zealand certificates of origin for goods for export to
party to free trade agreement
1: A body authorised by the chief executive under section 64B certification body in relation to a party to a free trade agreement that party
2: A New Zealand certificate of origin, in respect of goods for export to a party to a free trade agreement
a: identifies the goods to which it relates; and
b: certifies that those goods originate in New Zealand.
3: Goods originate in New Zealand if, for the purposes of the relevant free trade agreement that agreement
3A: The Governor-General may, by Order in Council, declare a country that is a party to the AANZFTA to be a specified AANZFTA party for the purposes of this Act.
4: For the purposes of this section,— AANZFTA ASEAN China FTA free trade agreement
a: the China FTA; or
b: the AANZFTA party to a free trade agreement
a: in relation to the China FTA, China; or
b: in relation to the AANZFTA, a specified AANZFTA party specified AANZFTA party Section 64A inserted 29 July 2008 section 5 Customs and Excise Amendment Act 2008 Section 64A heading amended 1 January 2010 section 5(1) Customs and Excise (AANZFTA) Amendment Act 2009 Section 64A(1) amended 1 January 2010 section 5(2)(a) Customs and Excise (AANZFTA) Amendment Act 2009 Section 64A(1) amended 1 January 2010 section 5(2)(b) Customs and Excise (AANZFTA) Amendment Act 2009 Section 64A(2) amended 1 January 2010 section 5(3) Customs and Excise (AANZFTA) Amendment Act 2009 Section 64A(3) amended 1 January 2010 section 5(4)(a) Customs and Excise (AANZFTA) Amendment Act 2009 Section 64A(3) amended 1 January 2010 section 5(4)(b) Customs and Excise (AANZFTA) Amendment Act 2009 Section 64A(3A) inserted 1 January 2010 section 5(5) Customs and Excise (AANZFTA) Amendment Act 2009 Section 64A(4) substituted 1 January 2010 section 5(6) Customs and Excise (AANZFTA) Amendment Act 2009
64B: Bodies authorised to issue New Zealand certificates of origin
(1): The chief executive may designate a body as a certification body if the chief executive is satisfied that the body meets the prescribed criteria (if any).
2: A designation may be subject to any prescribed terms and conditions and any additional terms and conditions the chief executive thinks fit. Section 64B inserted 29 July 2008 section 5 Customs and Excise Amendment Act 2008
64C: Regulations relating to New Zealand certificates of origin and certification bodies
Without limiting the power to make regulations conferred by section 286
a: prescribing forms for the purposes of sections 64A 64B
b: prescribing the manner in which applications for designation as a certification body must be made; and
c: prescribing criteria for certification bodies; and
d: prescribing terms and conditions subject to which designations as a certification body may be made; and
e: prescribing fees. Section 64C inserted 29 July 2008 section 5 Customs and Excise Amendment Act 2008
65: Regulations for determining country of produce or manufacture
Without limiting the power to make regulations conferred by section 286
a: prescribing the goods or any type or class of goods that are deemed to be the produce or manufacture of any country or group of countries—
i: for the purposes of this Act; or
ii: for the purposes of the Tariff Act 1988
b: prescribing the conditions to be fulfilled before goods are deemed to be the produce or manufacture of any country; and
c: authorising the chief executive to determine (in relation to specific goods)—
i: that the percentage of the goods' factory or works costs is to be increased or decreased:
ii: the valuation or method of valuation (including a reduced or zero valuation) if any material, labour, or overhead used in the goods' production has been supplied free of charge or at a reduced cost:
iii: the required percentage of qualifying area content in case of unforeseen circumstances that are unlikely to continue:
iv: variations or conditions relating to the goods entering the commerce of another country. Section 65 substituted 6 March 2007 section 9 Customs and Excise Amendment Act 2007
66: Conditions precedent to entry of goods at preferential rates of duty
1: Where it is claimed in respect of any goods that they are entitled under this Act or any other Act or authority to be entered free of duty or at any rate of duty lower than that set forth in the Normal Tariff in respect of such goods, the chief executive may require the claim to be verified at the time of entry or at any subsequent time (including any time after the goods have ceased to be subject to the control of the Customs).
2: Where the chief executive requires such a claim to be verified at the time of entry of the goods and the claim is not verified to the satisfaction of the chief executive at that time, the goods in respect of which the claim has been made shall not be so entered. 1966 No 19 s 150 1981 No 20 s 12 1988 No 155 s 18 1991 No 84 s 4(1)
67: Unsubstantiated preference claims
1: If the chief executive is satisfied, whether as the result of an investigation carried out pursuant to section 155 section 159
2: An importer shall be advised by notice in writing of a decision of the chief executive under this section.
3: An importer who is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision.
4: This section applies whether or not the goods have been released from the control of the Customs. 1966 No 19 s 151(1), (4) 1985 No 145 s 13
7: Excise and excise-equivalent duties
68: Manufacture of excisable goods
1: No person may manufacture goods specified in Part A of the Excise and Excise-equivalent Duties Table except in a manufacturing area that is licensed under this Act.
2: Subsection (1) is subject to any exceptions provided for under this Act. 1966 No 19 s 108 1986 No 44 s 11 Section 68 substituted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009
68A: Exemption for tobacco manufactured for personal use
1: Section 68
2: The conditions are as follows:
a: the tobacco must be manufactured by an individual (the individual
b: the individual must manufacture the tobacco in the individual’s private house or dwelling place, for the individual’s personal use and not for sale to any other person:
c: the leaves or plants used in the manufacture of the tobacco must have been grown—
i: on the land on which the individual's private house or dwelling place is located; and
ii: for the individual’s personal use and not for sale or other disposition to any other person:
d: the amount of manufactured tobacco that is manufactured in the individual’s private house or dwelling place, in any year ending with 30 June, must not exceed 15 kilograms. Section 68A inserted 1 October 2008 section 8 Customs and Excise Amendment Act (No 3) 2008
68B: Exemption for alcohol manufactured for personal use
Section 68 Section 68B inserted 8 December 2009 section 7(1) Customs and Excise Amendment Act 2009
68C: Exemption for biofuel and biofuel blends manufactured for personal use
Section 68 Section 68C inserted 6 April 2012 section 9 Customs and Excise Amendment Act 2012
69: Goods deemed to have been manufactured
1: For the purposes of this Act,—
a: compressed natural gas is deemed to have been manufactured by a licensee of a manufacturing area when natural gas supplied by the licensee to a compressed natural gas fuelling facility is compressed for use as a motor vehicle fuel:
b: goods on which work has been done by a contractor shall be deemed to have been manufactured by the contractor:
c: biofuel is deemed to have been manufactured by a licensee of a manufacturing area when biofuel supplied by the licensee to a biofuel fuelling facility is blended at the biofuel fuelling facility.
2: A licensee of a manufacturing area who supplies biofuel under subsection (1)(c)
3: The biofuel blend that results from blending at a biofuel fuelling facility under subsection (2)
4: In this section, biofuel fuelling facility
a: means any installation, facility, or other place that—
i: is used for fuelling any craft, vehicle, or other conveyance; and
ii: is not, for the time being, licensed under section 12(1)
b: includes any vehicle designed for the storage and transport of fuel in which a process of blending occurs; but
c: does not include land to which an exemption under section 68C 1966 No 19 s 113(1) 1986 No 44 s 11 Section 69(1)(c) inserted 6 April 2012 section 10(1) Customs and Excise Amendment Act 2012 Section 69(2) inserted 6 April 2012 section 10(2) Customs and Excise Amendment Act 2012 Section 69(3) inserted 6 April 2012 section 10(2) Customs and Excise Amendment Act 2012 Section 69(4) inserted 6 April 2012 section 10(2) Customs and Excise Amendment Act 2012
70: Entry of excisable goods
1: Subject to any regulations made under section 71
a: in such form and manner (including by electronic means into a computer or other device) as may be prescribed; and
b: within such time as may be prescribed.
1A: Goods required to be entered under subsection (1) must be entered—
a: by the licensee of the Customs controlled area from which the goods are removed; or
b: in such circumstances as may be prescribed by regulations made under section 71 owner
2: Where any entry required by this section relates to goods that are dutiable in accordance with the volume of alcohol present in the goods, the person making the entry shall specify the volume of alcohol in the prescribed manner.
3: Goods in respect of which entry has been made and passed must forthwith be dealt with in accordance with the entry and with the provisions of this Act in respect of the goods so entered. 1966 No 19 ss 115, 116, 117, 118 1986 No 44 s 11 Section 70(1) amended 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009 Section 70(1A) inserted 3 June 1998 section 4(2) Customs and Excise Amendment Act (No 2) 1998 Section 70(1A)(b) amended 8 January 2003 section 6 Customs and Excise Amendment Act (No 2) 2002
71: Regulations relating to entry of excisable goods
Without limiting the power to make regulations under section 286
a: prescribing when entries of excisable goods are deemed to have been made for the purposes of this Act; and
aa: prescribing the circumstances in which an entry of excisable goods must be made by the owner
b: prescribing the conditions under which entries of excisable goods are deemed to have been passed for the purposes of this Act; and
c: exempting specified goods or goods of a specified class from the requirements of section 70 Section 71(aa) inserted 3 June 1998 section 5 Customs and Excise Amendment Act (No 2) 1998 Section 71(aa) amended 8 January 2003 section 7 Customs and Excise Amendment Act (No 2) 2002
72: Removal for home consumption
For the purposes of this Part, goods are deemed to be removed for home consumption when the goods are physically removed from a Customs controlled area otherwise than when they are—
a: moved to another Customs controlled area pursuant to an approval given by the chief executive and for such purposes as may be approved by the chief executive; or
b: temporarily removed pursuant to an approval given by the chief executive and for such purposes as may be approved by the chief executive; or
c: removed for export or to an export warehouse. 1966 No 19 s 17A 1986 No 44 s 5
73: Excise duty on goods manufactured in manufacturing areas
1: In respect of all goods that are manufactured in a manufacturing area and that are specified in Part A of the Excise and Excise-equivalent Duties Table there must be levied, collected, and paid excise duties, if any, at the appropriate rates set out in Part A of the Excise and Excise-equivalent Duties Table.
2: Subsection (1) does not apply to beer manufactured in quantities of not more than 100 litres per month by an individual other than the licensee where—
a: the beer is exclusively for that individual's personal use and not for sale to any other person; and
b: the licensee of the premises does not engage in any aspect or part of the brewing or bottling operation and provides no equipment, ingredients, or service other than—
i: the equipment for the brewing and bottling of beer and the filling of kegs:
ii: kegs, bottles, bottle caps, and labels:
iii: the ingredients for brewing beer, in an unmixed and unfermented state:
iv: the written or oral instructions for the manufacture of the beer.
2A: Subsection (1) does not apply to wine manufactured in quantities of not more than 45 litres per month by an individual other than the licensee where—
a: the wine is exclusively for that individual's personal use and not for sale to any other person; and
b: the licensee of the premises does not engage in any aspect or part of the wine making or bottling operation and provides no equipment, ingredients, or service other than—
i: the equipment for the making and bottling of wine and the filling of casks or vats:
ii: casks, vats, bottles, corks, and labels:
iii: the ingredients for making wine, in an unmixed and unfermented state:
iv: the written or oral instructions for making the wine.
3: If the excise duty applicable to any goods pursuant to subsection (1) is an ad valorem Schedule 4
4: Notwithstanding anything in this Part, if the excise duty is a combination of a specific rate and an ad valorem
a: the amount of excise duty calculated by applying the specific rate; and
b: the amount of excise duty calculated by applying the ad valorem
5: For the purposes of this section, wine 1966 No 19 s 118B(1)–(4) 1986 No 44 s 12 Section 73(1) substituted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009 Section 73(2A) inserted 15 November 2000 section 3(1) Customs and Excise Amendment Act (No 2) 2000 Section 73(5) substituted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009
74: Excise duty on goods manufactured
outside manufacturing area
1: Subject to subsection (2), where goods specified in Part A of the Excise and Excise-equivalent Duties Table are manufactured in an area that is not licensed pursuant to section 12 Part 8
2: Subsection (1) does not apply in respect of goods—
a: that are manufactured in an area that pursuant to a direction of the chief executive under section 12(4)
b: that are covered by an exemption prescribed under section 10 ; or
c: that are manufactured in accordance with the conditions specified by section 68A , 68B 68C Section 74 heading amended 8 December 2009 section 8(2) Customs and Excise Amendment Act 2009 Section 74(1) substituted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009 Section 74(2)(b) amended 1 October 2008 section 9 Customs and Excise Amendment Act (No 3) 2008 Section 74(2)(c) added 1 October 2008 section 9 Customs and Excise Amendment Act (No 3) 2008 Section 74(2)(c) amended 6 April 2012 section 11 Customs and Excise Amendment Act 2012
75: Excise-equivalent duty on imported goods
1: Subject to this Act, and in addition to any other duties or levies payable on imported goods, excise-equivalent duty at the appropriate rate specified in Part B of the Excise and Excise-equivalent Duties Table must be levied, collected, and paid on all goods specified in Part B of the Excise and Excise-equivalent Duties Table that are imported.
2: Where goods on which excise-equivalent duty is payable under this section are dutiable in accordance with the volume of alcohol present in the goods, the person making the entry in respect of those goods shall specify the volume of alcohol in the prescribed manner.
3: Excise-equivalent duty becomes payable—
a: when entry for home consumption is passed; or
b: if, before entry for home consumption, the goods are dealt with in breach of a provision of this Act.
4: If the excise-equivalent duty applicable to such goods is an ad valorem Schedule 2 Section 75(1) substituted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009
75A: Accident compensation levies are additional to excise duty on motor spirits
Section 75A repealed 1 July 2003 section 13(2) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003
76: Excise duty a Crown debt
1: Excise duty is a debt due to the Crown and is recoverable by action at the suit of the chief executive on behalf of the Crown,—
a: in relation to goods specified in Part A of the Excise and Excise-equivalent Duties Table that are manufactured in a manufacturing area, immediately on removal of the goods for home consumption in accordance with section 72
b: in relation to goods specified in Part A of the Excise and Excise-equivalent Duties Table that are, except as provided in section 74(2)
2: Excise duty owed under subsection (1) is owed by—
a: the occupier of the place where the goods have been or are manufactured; and
b: every person who is or who becomes the owner of the goods before the excise duty has been fully paid.
3: The liability of the persons referred to in subsection (2) is joint and several.
4: For the purposes of this section, excise duty owed under subsection (1) must be paid to the Customs within the time required by or prescribed under this Act. Section 76 substituted 8 December 2009 section 8(1) Customs and Excise Amendment Act 2009
76A: Interpretation
In this section and in sections 76B to 76G 2010 Excise and Excise-equivalent Duties Document section 76B(1) Excise and Excise-equivalent Duties Table
a: means the table of excise and excise-equivalent duties as set out in the 2010 Excise and Excise-equivalent Duties Document; but
b: if, and in so far as, the table specified in paragraph (a) is on or after 1 January 2010 from time to time amended, modified, or revoked and replaced, then despite paragraph (a) means that table as from time to time amended, modified, or revoked and replaced Working Excise and Excise-equivalent Duties Document Section 76A inserted 8 December 2009 section 9 Customs and Excise Amendment Act 2009
76B: Certification of 2010 Excise and Excise-equivalent Duties Document
1: The chief executive must, by the close of 31 December 2009,—
a: certify a copy of the Working Excise and Excise-equivalent Duties Document; and
b: retain that copy.
2: Before certifying a copy of the Working Excise and Excise-equivalent Duties Document under subsection (1), the chief executive must be satisfied that the copy is or includes a full and accurate copy of the contents of Schedule 3
a: as in force at the close of 31 December 2009; but
b: as amended by any order made under section 79
3: The chief executive must ensure that—
a: references in the certified copy to Schedule 1 section 2(1)
b: the certified copy indicates clearly that any information in it that is not the contents of Schedule 3 Section 76B inserted 8 December 2009 section 9 Customs and Excise Amendment Act 2009
76C: Access to Excise and Excise-equivalent Duties Table
1: The chief executive must—
a: ensure that copies of the documents referred to in subsection (2) are published on an Internet site that is, so far as practicable, publicly available free of charge; and
b: ensure that copies of the documents referred to in subsection (2) are available for purchase at a reasonable price at the places designated under section 7
2: The documents are—
a: the Excise and Excise-equivalent Duties Table as from time to time amended, modified, or revoked and replaced on or after 1 January 2010; and
b: the 2010 Excise and Excise-equivalent Duties Document; and
c: Orders in Council amending or modifying the Excise and Excise-equivalent Duties Table and made under section 77 78 79 79AA(2) 79A
3: Every version of the Excise and Excise-equivalent Duties Table referred to in subsection (2)(a) and published or made available under subsection (1) must—
a: indicate that it is that Table as in force at the beginning of a stated date; and
b: list all Acts and Orders in Council that are enacted on or after 1 January 2010 and before the stated date and that amend, modify, revoke, or revoke and replace some or all of that Table.
4: Nothing in section 76B Section 76C inserted 1 January 2010 section 10 Customs and Excise Amendment Act 2009 Section 76C(1)(b) amended 5 August 2013 section 77(3) Legislation Act 2012 Section 76C(2)(c) amended 29 April 2010 section 8(2) Excise and Excise-equivalent Duties Table (Tobacco Products) Amendment Act 2010
76D: Application of Legislation Act 2012
Orders in Council amending or modifying the Excise and Excise-equivalent Duties Table and made under section 77 78 79 79A section 77(3)
a: are disallowable instruments for the purposes of the Legislation Act 2012
b: are not legislative instruments for the purposes of the Legislation Act 2012 section 6 Section 76D replaced 5 August 2013 section 77(3) Legislation Act 2012
76E: Judicial notice of Table
Judicial notice must be taken by all courts and persons acting judicially of the Excise and Excise-equivalent Duties Table. 1989 No 142 ss 16A 16B(1) Section 76E inserted 1 January 2010 section 10 Customs and Excise Amendment Act 2009
76F: Evidence of Table
Every copy of the documents referred to in section 76C(2)
a: to be a correct copy of the document; and
b: to have been so published or made available. 1989 No 142 s 16C Section 76F inserted 1 January 2010 section 10 Customs and Excise Amendment Act 2009
76G: Table may be amended, and must be interpreted, as if it were an enactment
1: The Excise and Excise-equivalent Duties Table may be amended, revoked, or revoked and replaced by an Act of Parliament as if it were an Act of Parliament.
2: The Excise and Excise-equivalent Duties Table may be altered or amended by an Order in Council made under section 77 78 79 79AA(2) 79A
3: The Interpretation Act 1999
4: Nothing in this Act limits or affects the application of—
a: Part 2 Interpretation Act 1999
b: the Interpretation Act 1999 section 77 78 79 79AA(2) 79A Section 76G inserted 1 January 2010 section 10 Customs and Excise Amendment Act 2009 Section 76G(2) amended 29 April 2010 section 8(2) Excise and Excise-equivalent Duties Table (Tobacco Products) Amendment Act 2010 Section 76G(4)(a) amended 5 August 2013 section 77(3) Legislation Act 2012 Section 76G(4)(b) amended 29 April 2010 section 8(2) Excise and Excise-equivalent Duties Table (Tobacco Products) Amendment Act 2010
76H: References to Schedule 3
Every reference in the following to Schedule 3 section 76A
a: an enactment not added, amended, inserted, or substituted by the Customs and Excise Amendment Act 2009
b: a document in operation at that commencement. Section 76H inserted 1 January 2010 section 10 Customs and Excise Amendment Act 2009
77: Modification of rates of excise duty and excise-equivalent duty
1: The Governor-General may from time to time, by Order in Council, suspend the Excise and Excise-equivalent Duties Table in whole or in part, and by the same or a subsequent Order in Council, and in its place, impose on any goods specified in that table such excise duties and excise-equivalent duties as the Governor-General thinks fit.
1A: Subsection (1) is subject to subsection (2).
2: Excise duties and excise-equivalent duties imposed on goods pursuant to subsection (1) must not exceed the rate of excise duty or excise-equivalent duty on those goods set out in the Excise and Excise-equivalent Duties Table. 1966 No 19 s 118C 1986 No 44 s 12 Section 77(1) substituted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009 Section 77(1A) inserted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009 Section 77(2) substituted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009
78: Power to amend Excise and Excise-equivalent Duties Table for certain purposes
1: The Governor-General may from time to time, by Order in Council, amend the Excise and Excise-equivalent Duties Table by—
a: revoking, inserting, or amending any heading, heading number, subheading, item, or item number or the title of any Part, section, chapter, or subchapter of the Tariff referred to in the Excise and Excise-equivalent Duties Table in any manner necessary to ensure that that Table conforms to the Tariff; or
b: revoking, suspending, or amending a provision of the notes forming part of the Excise and Excise-equivalent Duties Table, or by inserting a new provision in the notes, for the purpose of ensuring the proper operation of the Excise and Excise-equivalent Duties Table; or
c: revoking, suspending, inserting, or amending a statistical unit in the Excise and Excise-equivalent Duties Table.
2: Despite subsection (1)(c), the chief executive may, by notice in the Gazette
3: No amendment made pursuant to this section may alter the duties or exemptions from duty under this Act applicable to goods classified under an item or heading so amended. 1966 No 19 s 118CA 1987 No 128 s 4 Section 78 substituted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009
79: Indexation of rates of excise duty and excise-equivalent duty on alcoholic beverages and tobacco products
1: The Governor-General may from time to time, by Order in Council, amend the Excise and Excise-equivalent Duties Table to impose such rates of excise duty and excise-equivalent duty as the Governor-General thinks fit on all or any of the alcoholic beverages and tobacco products as defined in subsection (4).
1A: Subsection (1) is subject to subsections (2) to (4).
2: Any change in the rates of excise duty and excise-equivalent duty made by Order in Council under subsection (1),—
a: shall be limited in accordance with this section having regard to movements in the Consumers Price Index All Groups excluding credit services; and
b: in the case of a change in the rates of excise duty and excise-equivalent duty for alcoholic beverages, may come into force only on 1 July
c: in the case of a change in the rates of excise duty and excise-equivalent duty for tobacco products, may come into force only on 1 January
3: No new rate of excise duty or excise-equivalent duty imposed on any goods under subsection (1) shall exceed a rate calculated in accordance with the following formula: This table contains a formula. a × c b where— a is the Index number of the Consumers Price Index All Groups excluding credit services issued by the Government Statistician for—
i: the quarter ending on 31 March in the calendar year in which the order is to come into force, in the case of an order relating to alcoholic beverages; or
ii: the quarter ending on 30 September immediately before b is the Index number of the quarterly Consumers Price Index All Groups excluding credit services issued by the Government Statistician for the quarter ending 12 months before, and expressed on the same base quarter as, the relevant quarter specified in item a of this formula; and c is the existing rate of duty in respect of the goods to which the order relates.
3A:
3B: If an Order in Council is made under subsection (1), changes the rates of excise duty and excise-equivalent duty for tobacco products, and comes into force on 1 January in 2017, 2018, 2019, or 2020, then despite subsections (1) to (3),—
a: every new rate of excise duty or excise-equivalent duty that the Order in Council imposes on a tobacco product is calculated by adding 10% of the existing rate of duty on the product to the result achieved by applying the formula in subsection (3); and
b: the Order in Council must be called (as the case requires) an Excise and Excise-equivalent Duties Table (Tobacco Products Indexation and Separate 10% Increase) Amendment Order 2016, 2017, 2018, or 2019.
4: In this section,— alcoholic beverages
a: goods specified in headings 22.03, 22.04, 22.05, 22.06, 22.08, 99.10, 99.20, 99.25, 99.30, 99.45, and 99.50 of the Excise and Excise-equivalent Duties Table, not being goods that are exempt from excise duty and excise-equivalent duty; or
b: undenatured ethyl alcohol and other goods specified in headings 21.05, 21.06, 22.07, 33.02, 99.05, 99.06, 99.35, 99.42, and 99.43 of that table (also not being goods exempt from excise duty and excise-equivalent duty) tobacco products 1966 No 19 s 118CB 1993 No 83 s 3(1) 2020-01-01 Customs and Excise Act 1996 Applies to section 79(3B) only. Section 79(3B) of this Act (as inserted by section 4(1) of 2016 No 25) is repealed on 1 January 2020 (but without affecting any new rates imposed before or on that date by any orders to which it applies). Repeal authority comes from section 4(2) of 2016 No 25. Section 79(1) substituted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009 Section 79(1A) inserted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009 Section 79(2)(b) amended 6 March 2007 section 10(1) Customs and Excise Amendment Act 2007 Section 79(2)(c) amended 6 March 2007 section 10(2) Customs and Excise Amendment Act 2007 Section 79(3) amended 6 March 2007 section 10(3) Customs and Excise Amendment Act 2007 Section 79(3A) repealed 1 January 2016 section 5(2) Customs and Excise (Tobacco Products—Budget Measures) Amendment Act 2012 Section 79(3B) inserted 31 May 2016 section 4(1) Customs and Excise (Tobacco Products—Budget Measures) Amendment Act 2016 Section 79(4) substituted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009
79AA: Increases of 10% on 1 January 2011 and 2012 must be made in or by Excise and Excise-equivalent Duties Table (Tobacco Products Indexation or Other) Amendment Orders 2010 and 2011
Section 79AA repealed 2 January 2012 section 10(1) Excise and Excise-equivalent Duties Table (Tobacco Products) Amendment Act 2010
79AB: Rates of duties for tobacco products increased by 10% if not indexed on 1 January in 2013 to 2016
Section 79AB repealed 1 January 2016 section 6(2) Customs and Excise (Tobacco Products—Budget Measures) Amendment Act 2012
79AC: Rates of duties on motor spirits increased by 3 cents on 1 July in 2013, 2014, and 2015
Section 79AC repealed 1 July 2015 section 4(2) Customs and Excise (Budget Measures—Motor Spirits) Amendment Act 2013
79AD: Rates of duties for tobacco products increased by 10% if not indexed on 1 January in 2017 to 2020
1: This section, in accordance with section 76G(1)
2: A rate in that Table is amended by this section only if the rate is one that is—
a: a rate of excise duty or excise-equivalent duty on a tobacco product (as defined in section 79(4)
b: in force immediately before 1 January in 2017, 2018, 2019, or 2020; and
c: not changed on that date by an Order in Council made under section 79(1) and (3B)
3: The rate is on that date replaced with a new rate calculated by adding to the rate an amount equal to 10% of the rate. 2020-01-01 Customs and Excise Act 1996 Applies to section 79AD only. Section 79AD of this Act (as inserted by section 5(1) of 2016 No 25) is repealed on 1 January 2020 (but without affecting any amendments it makes before or on that date). Repeal authority comes from section 5(2) of 2016 No 25. Section 79AD inserted 31 May 2016 section 5(1) Customs and Excise (Tobacco Products—Budget Measures) Amendment Act 2016
79A: Power to alter rates of excise duty and excise-equivalent duty on motor spirits by Order in Council
1: At any time during the second financial year, or the third financial year, that follows the financial year in which any current rates
2: In this section,— financial year determined for the purposes of this section by the Minister of Finance and notified in the Gazette motor spirits
a: motor spirit, or fuels that contain motor spirit; or
b: specified in the Excise and Excise-equivalent Duties Table under (or under later items or numbers that, with or without modification, replace, or correspond to) any of the following numbers or items (specified in that Table on the commencement of this definition):
i: excise item numbers 99.75.05F, 99.75.23D, 99.75.29C, 99.75.37D, 99.75.51K, 99.75.59E, 99.75.73L, 99.75.81A, and 99.75.93E; and
ii: Tariff items 2207.20.23, 2207.20.35, 2710.12.15, 2710.12.17, 2710.12.19, 2710.12.23, 2710.12.25, 2710.12.29, 2710.19.34, 2710.19.42, 3824.90.87, 3824.90.93, and 3826.00.20. Section 79A substituted 1 August 2008 section 49(2) Land Transport Management Amendment Act 2008 Section 79A(1) substituted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009 Section 79A(1) amended 1 July 2013 section 5 Customs and Excise (Budget Measures—Motor Spirits) Amendment Act 2013 Section 79A(2) financial year amended 8 December 2009 section 13 Customs and Excise Amendment Act 2009 Section 79A(2) motor spirits replaced 24 June 2014 section 12 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
80: Orders are confirmable instruments
1: This section applies to—
a: an Order in Council made under section 77(1)
b: an Order in Council made under section 79(1)
c: an Order in Council made under section 79A(1)
2: The explanatory note of an Order in Council to which this section applies must indicate that—
a: it is a confirmable instrument under section 47B
b: it is revoked at a time stated in the note, unless earlier confirmed by an Act of Parliament; and
c: the stated time is the applicable deadline under section 47C(1)(a) or (b) Section 80 replaced 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015
80A: Orders may be revoked or varied by resolution of House of Representatives
1: This section applies to—
a: an Order in Council made under section 77(1)
b: an Order in Council made under section 79(1)
c: an Order in Council made under section 79A(1)
2: If the House of Representatives resolves that an order to which this section applies should be revoked or varied,—
a: the order must be treated as having been revoked or varied in accordance with the terms of the resolution; and
b: any duty collected under the order in excess of the duty otherwise payable must, so far as that resolution provides, be refunded. Section 80A inserted 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015
81: Power of Governor-General in Council to suspend, remit, refund, or create exemptions from excise duties and excise-equivalent duties on goods supplied to certain organisations and their members
1: The Governor-General may from time to time, by Order in Council, suspend, order the remission or refund of, or create exemptions from, excise duty and excise-equivalent duties in respect of goods or classes of goods manufactured in New Zealand or imported into New Zealand that are—
a: supplied solely for the use of such organisations, expeditions, or other bodies as may be approved by the chief executive
b: supplied solely for the use of persons temporarily resident in New Zealand for the purpose of serving as a member of any such approved organisation, expedition, or other body.
2: The chief executive may at any time impose such conditions as he or she thinks fit in respect of goods or a class of goods to which an Order in Council made for the purposes of this section relates.
3: An approval that was given by the Minister under subsection (1)(a) (as in force before the commencement of this subsection) and that was in force immediately before that commencement continues in force after that commencement as if it had been given (and may be amended, revoked, or revoked and replaced) by the chief executive under subsection (1)(a) (as in force after that commencement). 1966 No 19 s 167 Section 81(1)(a) amended 24 June 2014 section 13(1) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 81(3) inserted 24 June 2014 section 13(2) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Miscellaneous duty provisions
82: Duty payable on goods consumed before removal from manufacturing area
1: Duty is payable on goods consumed before removal from a manufacturing area in the same manner as if the goods had been removed on the date they had been consumed and the provisions of this Act apply, with all necessary modifications, accordingly.
2: Notwithstanding subsection (1), no liability for duty arises where excisable products manufactured within a manufacturing area are used in the manufacturing process carried on in that manufacturing area.
3: If, after making an allowance of not more than 2% on the quantity of spirits delivered to be rectified or compounded, it is found that the volume of alcohol rectified or compounded is less than the volume delivered, the full excise duty on the deficiency so found must immediately be paid by the rectifier or compounder to the chief executive. 1966 No 19 ss 98, 118D(4) 1986 No 44 ss 11, 12
83: Excise duty and excise-equivalent duty on spirits and other alcoholic beverages if approval not complied with
1: The chief executive may make an assessment of duty if the chief executive has reasonable cause to suspect that a person granted an approval to which this subsection applies has not complied with the conditions of the approval.
2: Subsection (1) applies to an approval granted under any of the following:
a: excise item number 99.35.30E in Part A of the Excise and Excise-equivalent Duties Table:
b: excise item number 99.55.00D in Part A of the Excise and Excise-equivalent Duties Table:
c: tariff item number 2207.10.29 in Part B of the Excise and Excise-equivalent Duties Table.
3: Where an assessment is made under subsection (1), the rate of duty to be applied must be the rate that would be applicable if the goods to which the relevant approval relates were entered for home consumption.
4: The duty assessed in accordance with this section must be paid in accordance with subsection (5) by the person to whom the approval was granted.
5: The due date for the payment of any duty assessed in accordance with this section is the date that is 20 working days after the date on which written notice of the assessment is given by the chief executive.
6: The chief executive must, if satisfied that the non-compliance with the conditions was neither intentional nor negligent, remit or refund the duty on the goods.
7: A person liable for the payment of the excise duty who is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision. Section 83 substituted 6 March 2007 section 11 Customs and Excise Amendment Act 2007 Section 83(2) substituted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009
84: Assessment of excise duty on beer or wine otherwise exempt
1: If the chief executive has reasonable cause to suspect that any quantity of beer or wine that has been entered as exempt from excise duty under section 73(2) or (2A)
2: The duty assessed in accordance with this section is owed by—
a: the licensee of the manufacturing area in which the beer or the wine was manufactured; and
b: the individual who manufactured the beer or the wine.
3: The liability of the persons referred to in subsection (2) is joint and several.
4: The due date for the payment of any duty assessed in accordance with this section is the date that is 20 working days after the date on which written notice of the assessment is given by the chief executive. Section 84 heading substituted 15 November 2000 section 5 Customs and Excise Amendment Act (No 2) 2000 Section 84(1) substituted 15 November 2000 section 5 Customs and Excise Amendment Act (No 2) 2000 Section 84(2) substituted 15 November 2000 section 5 Customs and Excise Amendment Act (No 2) 2000
85: Duty credits
1: Where the licensee of a manufacturing area purchases materials or goods for use in manufacture, the licensee may, at the time of making an entry for home consumption as required by section 70 or excise-equivalent duty
2: Where the licensee of a manufacturing area repurchases goods manufactured by the licensee at the same price at which the goods were sold, the licensee may, in such circumstances as may be prescribed, claim, as a credit in the home consumption entry required by section 70 or excise-equivalent duty
3: The amount of the excise duty or excise-equivalent duty
a: to which subsection (1) applies, is the amount of excise duty or excise-equivalent duty
b: to which subsection (2) applies, is the amount of excise duty or excise-equivalent duty but, in either case, does not include any additional excise duty or excise-equivalent duty section 87
4: Where the amount of the credit exceeds the amount of excise duty payable by the licensee in the home consumption entry in which the credit is claimed, the amount of the excess may, at the discretion of the chief executive, be applied towards any other excise duty that is payable by the licensee or may be refunded to the licensee. 1966 No 19 s 116(4) 1986 No 44 s 11 Section 85(1) 1 December 2001 section 7(1) Customs and Excise Amendment Act 2001 Section 85(2) 1 December 2001 section 7(2) Customs and Excise Amendment Act 2001 Section 85(3) 1 December 2001 section 7(3) Customs and Excise Amendment Act 2001 Section 85(3)(a) 1 December 2001 section 7(3) Customs and Excise Amendment Act 2001 Section 85(3)(b) 1 December 2001 section 7(3) Customs and Excise Amendment Act 2001
8: Assessment and recovery of duty
86: Duty on imported goods a Crown debt
1: The duty on all goods imported constitutes, immediately on importation of the goods, a debt due to the Crown.
2: Such duty is owed by the importer of the goods, and, if more than 1 (whether at or at any time after the time of importation) then jointly and severally by all of them.
3: Subject to this Act, such debt becomes due and payable when—
a: goods have been entered in accordance with section 39
b: goods have been entered in accordance with section 39
c: goods have been wrongfully landed or otherwise wrongfully dealt with without having been entered pursuant to section 39
d: an offence has been committed against this Act in respect of the goods.
4: Such debt is recoverable by action at the suit of the chief executive on behalf of the Crown.
5: The right to recover duty as a debt due to the Crown is not affected by the fact that—
a: the goods have ceased to be subject to the control of the Customs; or
b: a bond or other security has been given for the payment of duty; or
c: no proper assessment of duty has been made under this Act or that a deficient assessment of duty has been made.
6: The chief executive may, subject to such terms and conditions as he or she may impose, approve any person or class of persons as persons who may defer the payment of duty due under this section and, for that purpose, may determine a duty accounting period; and may suspend or withdraw that approval or vary any term or condition under which the approval is given or vary the duty accounting period.
7: Where the chief executive makes any decision under subsection (6), the persons or class of persons affected shall be advised of the decision by notice in writing.
8: All goods specified in the inward report of any craft shall be presumed to have been actually imported unless the contrary is proved.
9: A person who is dissatisfied with a decision of the chief executive under subsection (6) may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision. 1966 No 19 ss 152, 152A 1986 No 44 s 14
87: Additional duty imposed
1: Where any duty the payment of which has been deferred in accordance with section 86(6) section 76(4)
a: additional duty of 5% of the amount of duty unpaid by the due date; and
b: additional duty of 2% of the amount of duty, including additional duty, unpaid at the end of the period of 1 month after the due date; and
c: additional duty of 2% of the amount of duty, including additional duty, unpaid at the end of each succeeding period of 1 month.
2: Notwithstanding subsection (1), the chief executive may, in his or her discretion, remit or refund the whole or any part of any additional duty imposed by that subsection.
3: Where, for any reason the amount of duty in respect of which additional duty has been imposed under subsection (1) is amended, the additional duty shall, where necessary, be adjusted accordingly.
4: A person liable for the payment of the duty who is dissatisfied with a decision of the chief executive under subsection (2) may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision. 1966 No 19 s 118G 1986 No 44 s 12
88: Assessment of duty
1: An entry for goods made under this Act is deemed to be an assessment by the importer or licensee, as the case may be, as to the duty payable in respect of those goods.
2: If the chief executive has reasonable cause to suspect that duty is payable on goods by a person who has not made an entry in respect of the goods, the chief executive may assess the duty at such amount as the chief executive thinks proper.
3: The person liable for the payment of the duty shall be advised of the assessment by notice in writing.
4: A person liable for the payment of the duty who is dissatisfied with a decision of the chief executive under subsection (2) may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision.
89: Amendment of assessment
1: Subject to section 94
2: If the amendment has the effect of imposing a fresh liability or altering an existing liability, notice in writing shall be given by the chief executive to the person liable for the duty.
3: A person liable for the payment of the duty who is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision. 1966 No 19 s 152B 1987 No 128 s 8
90: Due date for payment of duty
1: Unless otherwise specified in this Act, the due date for the payment of duty assessed under section 88(2) section 89 section 103 section 104
1A: However, if the chief executive has reasonable cause to believe that a person will be unable to pay the duty by the due date required by subsection (1), the chief executive may, by notice in writing, require that person to pay the duty by an earlier date.
1B: A notice issued under subsection (1A) is a demand for payment, and the duty becomes due and payable on the date fixed by the chief executive.
1C: A person liable for the payment of the duty who is dissatisfied with a decision of the chief executive under subsection (1A) may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision.
2: Where all or part of any duty remains unpaid by the due date, the amount outstanding is deemed to have been increased by an amount calculated in accordance with section 87(1) Section 90(1A) inserted 8 December 2009 section 15 Customs and Excise Amendment Act 2009 Section 90(1B) inserted 8 December 2009 section 15 Customs and Excise Amendment Act 2009 Section 90(1C) inserted 8 December 2009 section 15 Customs and Excise Amendment Act 2009
91: Assessment presumed to be correct
1: Every assessment made by the chief executive under this Act, including an assessment made by way of amendment, shall be taken to be correct and duty shall be payable accordingly unless on an appeal a different amount is determined to be the duty payable on the goods or it is determined that no duty is payable.
2: Notwithstanding anything in this Act, where an appeal has been lodged under Part 6 7 8 10 1966 No 19 s 118E 1986 No 44 s 12
92: Obligation to pay duty not suspended by appeal
1: Subject to subsection (3), the obligation to pay and the right to receive and recover duty under this Act are not suspended by any appeal or legal proceedings.
2: Subject to subsection (3), if the appellant is successful in the appeal or the proceedings, the amount (if any) of the duty or any security received by the chief executive in excess of the amount that, in accordance with the decision on the appeal or the proceedings, was properly payable shall forthwith be refunded to the appellant by the chief executive, or as the case may be, the appellant shall be released from the conditions of the security imposed under section 156
3: Any obligation on the chief executive under subsection (2) shall be suspended pending the outcome of any appeal filed by the chief executive under this Act or any other Act against the decision requiring the duty to be refunded. 1966 No 19 s 118H(5) 1986 No 44 s 12
93: Chief executive to pay interest on duty refunded on appeal
1: Subject to subsection (5) of this section, where duty is required to be refunded in accordance with section 92(2)
2: Interest payable in accordance with this section shall be calculated by reference to qualifying periods consisting of 12 consecutive months from 1 April in any year until 31 March in the following year, and shall be the sum of the amounts of interest payable in respect of each applicable qualifying period, the amount of interest in respect of an applicable qualifying period being determined in accordance with the following formula: This table contains a formula. x × y × z 365 where— x is the number of days in the period that commences on the later of—
a: the day on which the relevant duty is lodged to the credit of the chief executive; or
b: the first day of the qualifying period of 12 consecutive months;— and ends on the earlier of—
c: the day on which the relevant duty is refunded by the chief executive in accordance with this section; or
d: the last day of the qualifying period of 12 consecutive months; and y is the amount of any duty being the relevant duty, which, having been paid in accordance with section 91(1) z is the specified rate of interest as determined in accordance with subsection (3).
3: The specified rate of interest per annum that is to apply for the purposes of this section shall be the rate determined by the Secretary to the Treasury pursuant to section 120(5)
4: Where the chief executive is satisfied that the amount of any interest paid to an appellant in accordance with subsection (2) is in excess of the proper amount, the chief executive may recover the amount of the excess in accordance with the provisions of section 115
5: Any obligation on the chief executive under this section shall be suspended pending any appeal by the chief executive under this Act or any other Act against the decision requiring duty to be refunded.
94: Limitation of time for amendment of assessments
1: Where an assessment of duty has been made under this Act, the chief executive is not entitled to alter that assessment so as to increase the amount of the assessment after the expiration of 4 years from the date on which the original assessment was made.
2: Notwithstanding subsection (1), in any case where, in the opinion of the chief executive, the entry or any declaration made in relation to the goods was fraudulent or wilfully misleading, the chief executive may amend the assessment at any time so as to increase the amount of the assessment. 1976 No 75 s 25 1992 No 1 s 7
95: Keeping of business records
1: The following must keep or cause to be kept in New Zealand any prescribed records for the prescribed period of time, which must not exceed 7 years:
a: a licensee:
b: an importer:
c: an exporter:
d: a person who acts as an agent of any person referred to in paragraphs (a) to (c)
e: a body authorised to issue a New Zealand certificate of origin under section 64B
2: Every such person must, as and when required by a Customs officer,—
a: make the records available to the Customs; and
b: provide copies of the records as required; and
c: answer any questions relevant to matters arising under this Act asked by any officer in respect of them.
3: Where, for the purposes of complying with subsection (2), information is recorded or stored by means of an electronic or other device, the licensee, importer, exporter, or agent thereof, shall, at the request of a Customs officer, operate the device, or cause it to be operated, to make the information available to the Customs officer. 1966 No 19 ss 25A, 96 1990 No 89 s 6(1) Section 95(1) replaced 6 April 2012 section 12 Customs and Excise Amendment Act 2012
95A: Giving Customs access to business records
1: This section applies to a person only if the person—
a: is a person to whom section 95(1)
b: has been required by the chief executive by notice in writing to comply with this section on and after a date specified in the notice in writing.
2: On and after the date specified in the notice in writing a person to whom this section applies must,—
a: if the person is a person to whom section 95(1)
b: if the person is a person otherwise involved in the carriage, handling, or transportation of goods that are being imported to, or exported from, New Zealand, give the Customs access to any records the person may currently keep of the kind required to be kept under section 95
3: A person to whom this section applies must give the Customs that access in the form and manner prescribed (for example, in an electronic form and manner), and must ensure that the Customs has that access at all reasonable times.
4: The chief executive may, by notice in writing, exempt a person to whom this section applies from complying with some or all of the person's obligations under this section in all or any specified circumstances.
5: To avoid doubt, nothing in this section affects any obligation under section 95 Section 95A inserted 1 October 2004 section 20 Customs and Excise Amendment Act 2004
96: Meaning of related
For the purposes of section 97
a: where the person is connected to the other person by blood relationship, marriage, civil union, de facto relationship,
i: persons are connected by blood relationship if within the fourth degree of relationship traced through a common ancestor:
ii: persons are connected by marriage, civil union, or de facto relationship if one—
A: is married to, or in a civil union or a de facto relationship with, the other; or
B: is married to, or in a civil union or a de facto relationship with, a person who is connected by blood relationship to the other:
iii: persons are connected by adoption if one has been adopted as the child of the other or as a child of a person who is within the third degree of relationship to the other:
b: if the other person is a company, where the person is a director or officer of the other person, or is related (within the meaning of paragraph (a)) to a director or officer of the other person, or is directly or indirectly able to exercise control over the affairs of the other person:
c: if the person is a company, where the other person is a director or officer of the person, or is related (within the meaning of paragraph (a)) to a director or officer of the person, or is directly or indirectly able to exercise control over the affairs of the person:
d: if the person and the other person are companies,—
i: where the person is a holding company or a subsidiary of the other person within the meaning of section 5
ii: where the person owns or controls shares that in aggregate carry the right to exercise or control the exercise of 20% or more of the voting power at meetings of the other person or the other person owns or controls shares that in aggregate carry the right to exercise or control the exercise of 20% or more of the voting power at meetings of the person; or
iii: where the person and the other person have the same holding company within the meaning of section 5 Section 96(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 96(a)(ii) substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 96(d)(i) amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 96(d)(iii) amended 5 December 2013 section 14 Companies Amendment Act 2013
97: Duty a charge on goods
1: Subject to subsection (3), the duty on any goods shall constitute a charge on those goods until fully paid.
2: Subject to the provisions of this section, if any duty charged on any goods under this section is due and unpaid, the chief executive may, whether or not the property in the goods has passed to a third party, take possession of the goods, and sell them or any part of them in satisfaction or part satisfaction of the charge.
3: Subsection (1) shall not apply as against a purchaser of the goods for valuable consideration and without knowledge that the duty was owing but had not been paid.
4: For the purposes of this section, purchaser
a: a person (other than a person liable to pay the duty) who acquired the goods from a person liable to pay the duty; or
b: a subsequent purchaser of the goods.
5: In any case where a person claims, at or before the taking of possession of the goods by the chief executive, that he or she is a purchaser to whom subsection (3) applies, and there is a dispute as to whether that subsection applies, the chief executive may,—
a: where the goods are in the possession or control of the importer, take possession of the goods and, subject to subsection (7), retain possession of them:
b: where the goods are in the possession or control of the purchaser, by notice in writing, direct the purchaser, subject to subsection (7), to retain the possession or control of the goods,— pending the resolution of the dispute, and subsections (7) to (9) shall apply.
6: In any case where—
a: possession of the goods has been taken by the chief executive but the goods have not been sold; and
b: a person notifies the chief executive that he or she claims that he or she is a purchaser to whom subsection (3) applies; and
c: there is a dispute as to whether that subsection applies,— the chief executive shall, subject to subsection (7), retain possession of the goods pending the resolution of the dispute, and subsections (7) to (9) shall apply.
7: Where any goods that the chief executive has taken possession of or has directed a purchaser to retain under this section consist wholly or partly of any living creature or any thing which, in the opinion of the chief executive, is of a perishable nature or which may otherwise lose its value if not sold as soon as possible, the chief executive may, or the purchaser in possession or control of the goods may with the prior consent of the chief executive, sell the goods, and the net proceeds of such sale shall be deemed to be substituted for the thing so sold.
8: The chief executive or the purchaser of the goods may apply to the court for a declaration as to whether the goods were acquired by the purchaser for valuable consideration and without knowledge that the duty was owing and unpaid.
9: In any proceeding under subsection (8), where the purchaser and a person liable to pay the duty are related, the onus of proving that the goods were acquired by the purchaser for valuable consideration and without knowledge that the duty was owing but unpaid shall be on the purchaser. 1966 No 19 s 154 1995 No 7 s 2
98: Application of section 99
1: Section 99
a: an individual who is bankrupt; or
b: a company that is in liquidation; or
c: a company in respect of the property of which a receiver has been appointed in circumstances to which section 30
d: an unincorporated body of persons (including a partnership or a joint venture or the trustees of a trust) that is put into liquidation; or
e: an unincorporated body of persons (including a partnership or a joint venture or the trustees of a trust) in respect of the property of which a receiver is appointed by the High Court— where the unpaid duty is a charge on the goods.
2: In any case to which section 99 section 305 sections 243 244 246 to 250 Section 98(2) amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 98(2) amended 3 December 2007 section 445 Insolvency Act 2006
99: Rights and duties of chief executive in recovery of duty
1: In any case to which this section applies, the chief executive shall notify the Official Assignee or the liquidator or the receiver, as the case may be, that the unpaid duty constitutes a charge on the goods in accordance with section 97
2: Every notice under subsection (1) shall be given within 60 days after,—
a: in the case of an individual, the date of the notice in the Gazette
b: in the case of a company, the date of the notice in the Gazette
c: in the case of an unincorporated body of persons described in subsection (1)(d) of section 98 Gazette
d: in the case of an unincorporated body of persons described in subsection (1)(e) of section 98 Gazette or, if there is a dispute as to whether section 97(3)
3: If any duty to which this section applies is due and unpaid, the chief executive may—
a: realise the property subject to the charge; or
b: value the property subject to the charge and claim in the bankruptcy, liquidation, or receivership, as the case may be, in accordance with the provisions of section 101
c: realise the property subject to the charge and claim in the bankruptcy, liquidation, or receivership, as the case may be, in accordance with the provisions of section 101
d: surrender the charge to the Official Assignee or the liquidator or the receiver, as the case may be, for the general benefit of creditors and claim in the bankruptcy, liquidation, or receivership, as the case may be, in accordance with the provisions of section 101
4: If the chief executive values the property subject to the charge and claims for the balance of unpaid duty (if any) in accordance with subsection (3)(b), the valuation and claim must—
a: contain full particulars of the valuation and claim; and
b: contain full particulars of the charge; and
c: identify any documents that substantiate the claim and the charge.
5: The Official Assignee or the liquidator or the receiver, as the case may be, may require production of any document referred to in subsection (4).
6: Where the chief executive realises the property subject to the charge, the provisions of any regulations made under section 286(dd)
7: Where a claim is made by the chief executive under subsection (4), the Official Assignee, liquidator, or receiver, as the case may be, must—
a: accept the valuation and claim; or
b: reject the valuation and claim in whole or in part, but,—
i: where a valuation and claim is rejected in whole or in part, the chief executive may make a revised valuation and claim within 20 days of receiving notice of the rejection; and
ii: the Official Assignee, liquidator, or receiver, as the case may be, may, if he or she subsequently considers that a valuation and claim was wrongly rejected in whole or in part, revoke or amend that decision.
8: Where the Official Assignee, liquidator, or receiver, as the case may be,—
a: accepts a valuation and claim under subsection (7)(a); or
b: accepts a revised valuation and claim under subsection (7)(b)(i); or
c: accepts a valuation and claim on revoking or amending a decision to reject a claim under subsection (7)(b)(ii),— the Official Assignee, liquidator, or receiver, as the case may be, may, unless the chief executive has realised the property, at any time, redeem the charge on payment of the assessed value.
9: The Official Assignee, the liquidator, or the receiver, as the case may be, may at any time, by notice in writing, require the chief executive, within 30 days after receipt of the notice, to—
a: elect which of the rights referred to in subsection (3) the chief executive wishes to exercise; and
b: if the chief executive elects to exercise the right referred to in paragraph (b) or paragraph (c) or paragraph (d) of subsection (3), exercise the right within that period.
10: If—
a: the chief executive fails to give notice to the Official Assignee or the liquidator or the receiver, as the case may be, in accordance with subsection (1) within the time specified in subsection (2); or
b: having been required to make an election in accordance with subsection (9), the chief executive fails to do so within the time specified in that subsection,— the chief executive shall be taken to have surrendered the charge to the Official Assignee, or liquidator, or receiver, as the case may be, under subsection (3)(d) for the general benefit of creditors and the chief executive may claim in the bankruptcy, liquidation, or receivership, as the case may be, in accordance with the provisions of section 101
11: Where the chief executive has surrendered a charge under subsection (3)(d) or is taken as having surrendered a charge under subsection (10), the chief executive may, with the leave of the court or the Official Assignee or the liquidator or the receiver, as the case may be, and subject to such terms and conditions as the court or the Official Assignee or the liquidator or the receiver, as the case may be, thinks fit, at any time before the Official Assignee, liquidator, or receiver, as the case may be, has realised the property charged,—
a: withdraw the surrender and rely on the charge; or
b: submit a new claim under this section. 1966 No 19 s 154A 1995 No 7 s 2 Section 99(2)(b) amended 26 April 1999 section 19 Companies Amendment Act 1999
100: Application of section 101
Section 101
a: that is owing by—
i: an individual who is bankrupt; or
ii: a company that is in liquidation; or
iii: a company in respect of the property of which a receiver has been appointed in circumstances to which section 30
iv: an unincorporated body of persons (including a partnership or a joint venture or the trustees of a trust) that is put into liquidation; or
v: an unincorporated body of persons (including a partnership or a joint venture or the trustees of a trust) in respect of the property of which a receiver is appointed by the High Court— that does not constitute a charge on goods; or
b: that the chief executive is entitled to claim under this section pursuant to section 99
101: Ranking of duty
1: Unpaid duty to which this section applies shall be paid in accordance with the following provisions of this section.
2: In the case of an individual who is declared bankrupt, the amount of any duty to which this section applies shall be paid in accordance with the requirements of section 274(5)
3: In the case of a company that is in liquidation, the amount of any duty to which this section applies shall be paid in accordance with the requirements of section 312
4: In the case of a company in respect of the property of which a receiver is appointed in circumstances to which section 30
5: In the case of an unincorporated body of persons (including a partnership or a joint venture or the trustees of a trust) that is put into liquidation, the amount of any duty to which this section applies shall be paid in accordance with the requirements of section 312 section 240B
6: In the case of an unincorporated body of persons (including a partnership or a joint venture or the trustees of a trust) in respect of the property of which a receiver is appointed by the High Court, the amount of duty to which this section applies shall be paid in accordance with the directions of the court.
7: This section applies notwithstanding anything in any other Act.
8: Nothing in this section or in section 97 section 99 section 102 1966 No 19 s 154B 1995 No 7 s 2 Section 101(2) amended 3 December 2007 section 445 Insolvency Act 2006 Section 101(3) amended 1 March 2017 section 10(2) Companies Amendment Act 2016 Section 101(3) amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 101(5) amended 1 March 2017 section 10(3) Companies Amendment Act 2016
102: Release of goods subject to duty
1: Except as otherwise provided in this Act, or in such cases as may be approved by the chief executive, and subject to such securities as the chief executive may require, no person is entitled to obtain release of goods from the control of the Customs until the sum payable by way of duty on the goods is paid in full.
2: No action or other proceeding shall be instituted against the Crown or the chief executive or any Customs officer in respect of the detention of any such goods during any period before the payment of the full sum so payable.
3: In any case where the chief executive considers that undue hardship would result from the payment of duty as required by this section, the chief executive may, subject to such conditions as he or she may think fit to impose, direct the release of the goods from the control of the Customs and accept payment of duty by instalment over a specified period.
4: Subsection (3) does not apply to duties imposed under the Trade (Anti-dumping and Countervailing Duties) Act 1988 or under the Trade (Safeguard Measures) Act 2014 1966 No 19 s 155 Section 102(4) amended 29 November 2017 section 26(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 102(4) amended 12 November 2014 section 29(3) Trade (Safeguard Measures) Act 2014
103: Liability for duty on goods wrongfully removed or missing
1: The licensee of a Customs controlled area is liable for duty payable on goods that the chief executive is satisfied have been wrongfully removed from or are missing from that Customs controlled area as if the goods had been imported or manufactured by the licensee and entered pursuant to section 39 section 70
2: The licensee shall not be released from liability under this section by virtue of any other provision of this Act or any other Act.
3: If—
a: dutiable goods are removed from a Customs controlled area without the authority of the Customs; or
b: dutiable goods are not produced by the licensee to the Customs and are not accounted for as having been lawfully delivered from the Customs controlled area,— duty becomes due and payable as if the goods were removed for home consumption, or entry has been made and passed for home consumption.
4: The chief executive may, by notice in writing, demand from the owner or importer of the goods or the licensee of a Customs controlled area payment of any sum that the chief executive has reasonable cause to suspect is owing under this section.
5: Duty payable under this section constitutes a debt due to the Crown by the licensee and the importer of the goods and the owner of the goods, whose liability is joint and several.
6: A person liable for the payment of the duty who is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision. 1966 No 19 ss 35(2), 102
104: Liability of owners of craft for duty on goods unlawfully landed
1: If cargo or stores or other goods are unlawfully landed in New Zealand in or from a craft that is within New Zealand, the owner and the person in charge of the craft (without prejudice to the liability of any other person) are jointly and severally liable for the payment of the duty on that cargo, stores, or other goods, as if that cargo or those stores or other goods had been imported by them and entry had been made and passed for home consumption pursuant to section 39
2: The chief executive may, by notice in writing, demand from the owner or the person in charge of any craft payment of any sum that the chief executive has reasonable cause to suspect is owing under this section.
3: In any proceedings for the recovery of duty under this section, or for a refund of duty paid under this section, the sum so demanded by the chief executive shall be presumed to be due and payable unless the contrary is proved.
4: A person liable for the payment of the duty who is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision. 1966 No 19 s 170(1), (2), (4)
105: Effect of payment of duty by one person on liability of other persons
The liability of a person under a provision of this Act for the payment of duty on goods is extinguished by the payment of that duty by any other person liable for the payment of it under any provision of this Act, unless that duty is subsequently refunded or remitted. 1966 No 19 s 156
106: Incidence of altered duties
1: In the case of an alteration in the law relating to the liability of goods to duty or the rate of duty to which goods are liable, such liability or rate shall, except where otherwise expressly provided, be determined—
a: in the case of goods held in an export warehouse, or produced in a manufacturing area, by the law in force at the time the goods are removed from the export warehouse or manufacturing area:
b: in the case of other goods, by the law in force at the time the goods are imported into New Zealand.
2: In this section the term alteration in the law 1966 No 19 s 157 1973 No 110 s 6 1977 No 85 s 30
107: Assessment of duty in particular cases
1: When duties are imposed according to a specified quantity, weight, size, or value, the duties shall be charged proportionately on a greater or smaller quantity, weight, size, or value.
2: For the purposes of assessing duty on alcoholic beverages where the duty is to be calculated relative to the alcohol content of the beverage,—
a: the means of ascertaining the volume of alcohol present in an alcoholic beverage is to be as determined from time to time by the chief executive; and
b: if, on entry pursuant to sections 39 70 1966 No 19 s 160 1981 No 2 s 5
108: Goods from the Cook Islands and Niue
1: Goods imported into New Zealand from the Cook Islands or Niue, whether the produce or manufacture of the Cook Islands or Niue or not, are to be admitted into New Zealand free of duty.
2: Nothing in this section applies to—
a: goods in respect of which, on their exportation from the Cook Islands or Niue, a claim for drawback of duty has been made and allowed:
b: goods that, by reason of warehousing or for any other reason, have been exported from the Cook Islands or Niue without payment of duty on their importation into the Cook Islands or Niue:
c: goods produced in a manufacturing warehouse in the Cook Islands or Niue, unless they have been entered in the Cook Islands or Niue for home consumption and the duty (if any) paid on them:
d: goods on which a rate of duty had been paid in the Cook Islands or Niue lower than that to which the goods would be subject in New Zealand at the time of their importation into New Zealand if imported directly from their country of origin or where the valuation of the goods for duty has been assessed in the Cook Islands or Niue on a different basis from that applying in New Zealand as at the date of the importation of the goods into New Zealand:
e: goods subject to excise duty in the Cook Islands or Niue, unless such duty has been paid on them as if they had not been exported. 1966 No 19 s 304
109: Reimportation of goods exported
1: This section applies to goods only if the goods—
a: have been exported from New Zealand, and are to be or have been reimported into New Zealand; and
b: when reimported into New Zealand, are to be or are in substantially the same condition as when exported from New Zealand.
2: The goods may, in any cases, and under any conditions, the chief executive from time to time approves, be readmitted—
a: free of duty; or
b: at a rate or amount of duty the chief executive determines and that does not exceed the greater of the following:
i: the rate or amount of duty that would be payable on the goods if imported for the first time:
ii: the rate or amount of drawback of duty allowed under section 117 Section 109 replaced 24 June 2014 section 14 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
110: Importer, etc, leaving New Zealand
1: If the chief executive has reasonable cause to believe that an importer, exporter, or licensee is about to leave New Zealand before duty owing by the importer, exporter, or licensee, as the case may be, becomes payable under this Act, the chief executive may, by notice in writing, require the importer, exporter, or licensee to pay the duty on such date that is earlier than the date on which the duty becomes payable as the chief executive fixes and notifies to the importer, exporter, or licensee.
2: A notice issued under subsection (1) constitutes a demand for payment and the duty becomes due and payable on the date fixed by the chief executive.
3: A person liable for the payment of the duty who is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision.
4: Section 210 section 40 1966 No 19 s 112 1986 No 44 s 11 Section 110(4) amended 1 March 2017 section 261 District Court Act 2016 Section 110(4) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Refunds, remissions, and drawbacks of duty
111: Chief executive may refund duty paid in error
1: If the chief executive is satisfied that duty has been paid in error, either of law or of fact, the chief executive shall, unless there is good reason not to, refund the duty—
a: at any time within 4 years after it has been paid; or
b: at any later time, on an application made within 4 years after it has been paid.
2: This section extends and applies to duties paid in error before the commencement of this Act.
3: Where a calculation or a re-calculation of duty that apparently gives rise to an entitlement to a refund in accordance with subsection (1) is based on a manifest error in the legal instrument which establishes the duty that is payable, that shall be good reason under that subsection for the chief executive not to refund the duty.
4: A person who is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision. 1966 No 19 s 172(1), (3) 1986 No 44 s 10
112: Refunds of duty on goods under Part 2 of Tariff
1: Where duty has been paid on imported goods and the Minister of Commerce subsequently approves, pursuant to section 8
2: A person who is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision. 1966 No 19 s 172B(1) 1988 No 182 s 2
113: Other refunds and remissions of duty
1: Subject to any prescribed exceptions, restrictions, or conditions, the chief executive may refund or remit any duty where the chief executive is satisfied that imported goods, or goods manufactured in New Zealand, as the case may be,—
a: have been damaged, destroyed, pillaged, or lost, or have diminished in value or deteriorated in condition, prior to their release from the control of the Customs; or
b: are of faulty manufacture; or
c: have been abandoned to the Crown for destruction or other form of disposal prior to their release from the control of the Customs.
2: Sample goods of such nature or value as may be prescribed and samples of the bulk of goods subject to the control of the Customs may, subject to such conditions as may be prescribed, be delivered free of duty.
3: The chief executive may refund or remit any excise-equivalent duty imposed under section 75
a: on goods of a class or kind that have been exempted from duty by the Minister of Commerce under section 8
b: on alcoholic beverages (except ethyl alcohol of Tariff items 2207.10.19, 2207.10.29, 2207.20.01, or 2207.20.39) for use by the persons, in the places, and in the quantities that the chief executive may approve, and subject to any conditions that the chief executive thinks fit in the manufacture of any products approved in writing by the chief executive.
4: A person who is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision.
5: Except as the chief executive of the Ministry of Economic Development Trade (Anti-dumping and Countervailing Duties) Act 1988 or under the Trade (Safeguard Measures) Act 2014 1966 No 19 ss 168, 173 1977 No 85 s 31 1986 No 182 s 2 Section 113(3) substituted 27 September 2001 section 8 Customs and Excise Amendment Act 2001 Section 113(5) amended 29 November 2017 section 26(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 113(5) amended 12 November 2014 section 29(4) Trade (Safeguard Measures) Act 2014 Section 113(5) amended 7 September 2000 section 8(1) Ministry of Economic Development Act 2000
114: Power to apply refunds towards payment of other duties
Where under any provision of this Act duty is or becomes refundable to any person, the chief executive may, in his or her discretion, apply the whole or any part of the sum so refundable towards the payment of any other duty that is payable by that person, or may refund the whole sum to that person.
115: Recovery of duty refunded in error
Money refunded by the Customs in error of fact or law is recoverable by action at the suit of the chief executive on behalf of the Crown at any time within 4 years after the date of its payment, or at any time if the refund has been obtained by fraud. 1966 No 19 s 182
116: Goods temporarily imported
1: Subject to this section, where the chief executive is satisfied that goods have been temporarily imported, a sum equal to the amount of the duty payable on the goods may be secured, pursuant to section 156
2: Subject to such conditions (if any) as may be prescribed, the person giving the security must be released from the conditions of the security or, as the case may be, subject to subsection (4), a deposit of money made must be returned to the person by whom it was made if, within 12 months from the date of their importation or within such longer period as the chief executive may determine in any particular case, the chief executive is satisfied that the goods have been—
a: exported; or
b: shipped for export; or
c: packed for export into a bulk cargo container in a Customs controlled area and the container secured to the satisfaction of the chief executive; or
d: destroyed; or
e: dealt with in such manner as the chief executive may allow.
3: Where in any case goods temporarily imported are used for industrial or commercial purposes or such other purposes as the chief executive may consider applicable, duty shall be payable in respect of the goods on the amount by which their value for duty, as determined by the chief executive at the time that he or she is satisfied pursuant to subsection (2) that the goods have been dealt with under any of paragraphs (a) to (e) of that subsection, is less than their value for duty, as ascertained in accordance with this Act, at the time of their importation.
3A: For the purposes of subsection (3), the chief executive must determine the value for duty of goods that have been dealt with under any of subsection (2)(a) to (e) by using—
a: the straight-line method of calculating an amount of depreciation loss described in section EE 12(2)(b)
b: the depreciation rate for that method determined by the Commissioner of Inland Revenue under section 91AAF 91AAG
c: for duty calculation purposes, the depreciation rate applicable on the date the goods are imported.
4: Where an amount of duty is payable in accordance with subsection (3), that duty may be deducted from any deposit of money given as security under subsection (1).
5: Notwithstanding subsection (3), but subject to such conditions as the chief executive may impose, duty is not payable on goods temporarily imported in accordance with any treaty, agreement, or arrangement concluded by the Government of New Zealand.
6: If, at the expiry of the period prescribed by subsection (2), the goods have not been dealt with in accordance with that subsection,—
a: any sum secured by way of deposit of money must be retained by the Crown; or
b: any sum otherwise so secured must be paid to the Crown by the importer within 10 working days after the expiry of that period or such longer period as the chief executive may allow, and on such payment the security shall be released.
7: Except as the chief executive of the Ministry of Economic Development Trade (Anti-dumping and Countervailing Duties) Act 1988 or under the Trade (Safeguard Measures) Act 2014
8: This section does not apply to any goods that are, by regulations made under the Tariff Act 1988 1966 No 19 s 181 1980 No 33 s 8 Section 116(3A) inserted 6 April 2012 section 13 Customs and Excise Amendment Act 2012 Section 116(7) amended 29 November 2017 section 26(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 116(7) amended 12 November 2014 section 29(5) Trade (Safeguard Measures) Act 2014 Section 116(7) amended 7 September 2000 section 8(1) Ministry of Economic Development Act 2000
117: Drawbacks of duty on certain goods
1: Subject to this section, drawbacks of duty may be allowed, at such amounts and subject to such conditions as may be prescribed, on—
a: goods imported into New Zealand that are later exported from New Zealand:
b: goods that are produced in a manufacturing area and exported from New Zealand:
c: imported parts and materials used in, worked into, or attached to, goods manufactured or produced in New Zealand and exported from New Zealand:
d: imported materials, except fuel or plant equipment, consumed in the manufacture or production of goods produced in New Zealand and exported from New Zealand.
2: Where—
a: the chief executive is satisfied that goods have been shipped for export; or
b: goods have been packed for export into a bulk cargo container in a Customs place or Customs controlled area and the container has been secured to the satisfaction of the chief executive; or
c: goods have been entered into an export warehouse and the chief executive is satisfied that they will be exported,— the chief executive may, for the purposes of this section, if he or she thinks fit, treat the goods as having been exported.
3: Where drawback has been allowed on any goods so treated as exported or on goods consumed in the manufacture of those goods, the goods must not, without the permission of the chief executive, be unshipped or relanded or unpacked before export.
4: Where drawback has been allowed on goods so treated as exported or on goods consumed in the manufacture of those goods and drawback has been paid in respect of any goods that are unshipped or relanded or unpacked before export, the amount of drawback allowed in respect of those goods or on goods consumed in the manufacture of those goods shall, immediately on their unshipment or relanding or unpacking, constitute a debt due to the Crown; and such debt shall immediately be payable by the owner of the goods at the time of their unshipment or relanding or unpacking.
5: Such debt is recoverable by action at the suit of the chief executive on behalf of the Crown.
6: The right to recover drawback as a debt due to the Crown under this section is not affected by the fact that a bond or other security has been given in respect of the unshipment or relanding or unpacking of the goods before export.
7: Where under this section drawback is allowed to any person, the chief executive may, in his or her discretion, apply the whole or any part of the sum allowed towards the payment of any duty that is payable by that person.
8: Except as the chief executive of the Ministry of Economic Development Trade (Anti-dumping and Countervailing Duties) Act 1988 or under the Trade (Safeguard Measures) Act 2014
9: This section does not apply to any goods that are, by regulations made under the Tariff Act 1988 1966 No 19 s 183 1968 No 31 s 15 1977 No 85 s 35 1980 No 33 s 9(1) 1986 No 44 s 21 Section 117(8) amended 29 November 2017 section 26(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 117(8) amended 12 November 2014 section 29(6) Trade (Safeguard Measures) Act 2014 Section 117(8) amended 7 September 2000 section 8(1) Ministry of Economic Development Act 2000
118: Regulations may prescribe
minimum duty collectable, value of goods below which duty need not be collected, minimum duty refundable,
1: Without limiting the power to make regulations conferred by section 286
a: an amount of duty below which that duty need not be collected, and the circumstances in which that duty need not be collected; and
ab: the value of goods below which duty need not be collected, how that value must be determined (despite anything to the contrary in this Act and, in particular, in the definition of Customs value or value in section 2(1) sections 60 61 63(6)(a) 229(1)(a) Schedule 2
b: the minimum amount of duty refundable on goods, and the circumstances in which duty below the prescribed amount shall not be refunded; and
c: the minimum amount of drawback of duty allowable on goods, and the circumstances in which drawback below the prescribed amount will not be allowed.
2: Regulations made under section 286 (ab)
3: Before making a recommendation under subsection (2)
4: For the purposes of subsection (3)
5: A failure to comply with subsection (3) subsection (2) 1966 No 19 s 162 Section 118 heading amended 24 June 2014 section 15(1) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 118(1)(ab) inserted 24 June 2014 section 15(2) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 118(2) inserted 24 June 2014 section 15(3) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 118(3) inserted 24 June 2014 section 15(3) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 118(4) inserted 24 June 2014 section 15(3) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 118(5) inserted 24 June 2014 section 15(3) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
9: Customs rulings
119: Application for Customs ruling
1: A person may make an application, in respect of particular goods specified in the application, to the chief executive for a Customs ruling in respect of any 1 or more of the following matters:
a: the Tariff classification of those goods under Part 1
b: the excise classification of those goods under the Excise and Excise-equivalent Duties Table:
c: whether or not those goods are, for the purposes of the Tariff and in accordance with any applicable regulations made under this Act, the produce or manufacture of a particular country or group of countries, referred to in the application:
d: whether or not those goods are subject to a specified duty concession under Part 2
2: An application under subsection (1) may be made—
a: in respect of imported goods—
i: at any time before the date of importation into New Zealand of the goods that are the subject of the application; or
ii: at any later time, if the chief executive in his or her discretion permits; or
b: in respect of goods manufactured in a manufacturing area—
i: at any time before the date of manufacture of the goods; or
ii: at any later time, if the chief executive in his or her discretion permits.
3: A person may make an application in relation to a particular matter specified in the application, to the chief executive for a Customs ruling as to the correct application of any provision contained in regulations made under section 65
4: Every application under subsection (1) or subsection (3) must be in the prescribed form, and must—
a: state the name and address of the applicant; and
b: in the case of an application under subsection (1),—
i: specify the particular goods that are the subject of the application; and
ii: specify, in respect of those goods, the matter or matters listed under subsection (1) on which the applicant requests a Customs ruling and the applicant's opinion as to what the Customs ruling should be; and
iii: unless the chief executive agrees otherwise, be accompanied by the goods or a sample of the goods; and
c: contain, or have attached, all information that is relevant to a proper consideration of the application; and
d: be accompanied by the prescribed fee.
5: The chief executive may, at any time, request further information from an applicant if the chief executive considers that the information is relevant to the application. 1966 No 19 s 151B 1994 No 129 s 7 Section 119(1)(a) substituted 1 January 2010 section 9(6) Tariff Amendment Act 2009 Section 119(1)(b) substituted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009 Section 119(1)(d) substituted 1 January 2010 section 9(6) Tariff Amendment Act 2009
120: Making of Customs ruling
1: Subject to subsection (4), the chief executive shall—
a: in the case of an application made under section 119(1)
b: in the case of an application made under section 119(3)
2: The chief executive must make a Customs ruling under subsection (1) within such time or times as may be prescribed after receipt of,—
a: in the case of an application under section 119(1)
i: a properly completed application in respect of particular goods; and
ii: the goods or a sample of the goods, unless the chief executive has agreed not to require receipt of the goods; and
b: all information that the chief executive considers relevant to a proper consideration of the application; and
c: all information that the chief executive requests under section 119(5)
d: payment of the prescribed fee.
3: A Customs ruling may be made subject to such conditions as the chief executive thinks fit.
4: The chief executive may decline to make a Customs ruling if, in the chief executive's opinion, he or she has insufficient information to do so. 1966 No 19 s 151C 1994 No 129 s 7
121: Notice of Customs ruling
The chief executive shall promptly give notice in writing to the applicant of—
a: a Customs ruling, together with the reasons for the ruling, and the conditions (if any) to which it is subject; or
b: a decision to decline to make a Customs ruling, together with the reasons for that decision. 1966 No 19 s 151D 1994 No 129 s 7
122: Effect of Customs ruling
1: Subject to section 125 Tariff Act 1988
a: have a particular Tariff classification under Part 1
b: have a particular excise classification under the Excise and Excise-equivalent Duties Table; or
c: are or are not, as the case may be in accordance with applicable regulations made under this Act, the produce or manufacture of a particular country, or group of countries, for the purposes of the Tariff Act 1988; or
d: are or are not, as the case may be, subject to a specified duty concession under Part 2
2: Subject to section 125 section 120(1)(b) Tariff Act 1988 1966 No 19 s 151E(1) 1994 No 129 s 7 Section 122(1)(a) substituted 1 January 2010 section 9(6) Tariff Amendment Act 2009 Section 122(1)(b) substituted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009 Section 122(1)(d) substituted 1 January 2010 section 9(6) Tariff Amendment Act 2009
123: Confirmation of basis of Customs ruling
At any time after a Customs ruling is made, the chief executive may, by notice in writing, require the applicant to satisfy the chief executive in such manner and within 20 working days or such longer period as the chief executive considers appropriate,—
a: that the facts or information on which the Customs ruling was made remain correct; and
b: that any conditions on which the Customs ruling was made have been complied with. 1966 No 19 s 151F 1994 No 129 s 7
124: Amendment of Customs ruling
1: The chief executive may from time to time amend a Customs ruling to correct any error contained in that ruling.
2: The chief executive shall, promptly after making the amendment, give notice in writing to the applicant of the amended Customs ruling and, subject to subsection (3), the ruling as amended shall be applied to the applicant as from the date on which notice of the amendment was given to the applicant.
3: Notwithstanding subsection (2), if the amendment to the ruling has the effect of increasing any duty liability in respect of any goods,—
a: where the goods are imported within 3 months of the date notice of the amendment is given, pursuant to a binding contract entered into before that date; or
b: where the goods have left the place of manufacture or warehouse in the country from which they are being exported for direct shipment to New Zealand at the date notice of the amendment of the ruling is given; or
c: where the goods are imported on or before the date notice of the amendment is given but have not been entered for home consumption,— then the ruling as given prior to amendment under this section shall be applied to those goods.
4: Notwithstanding subsection (2), if the amendment to the ruling has the effect of decreasing any duty liability in respect of any goods, then the provisions of section 111 1966 No 19 s 151G 1994 No 129 s 7
125: Cessation of Customs ruling
1: A Customs ruling ceases to have effect on the earliest to occur of the following dates:
a: the date on which any information on which the Customs ruling was made ceases to be correct in all material respects; or
b: the date of a material change in any of the information or facts on which the Customs ruling was made; or
c: the date of a material change to the Tariff Act 1988
d: the date on which any of the conditions to which the Customs ruling was made subject cease to be met or complied with; or
e: the date of a failure to satisfy the requirements of the chief executive under section 123
f: the date of expiry of 3 years from the date that notice of the Customs ruling, or any amendment to that Customs ruling under section 124
2: A Customs ruling shall not come into effect if—
a: information on which it was made was not correct in all material respects; or
b: a material change has occurred in any information or facts on which it was made. 1966 No 19 s 151H 1994 No 129 s 7 Section 125(1)(c) substituted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009
126: Appeal from decisions of chief executive
An applicant who is dissatisfied with a Customs ruling, or a decision to decline to make a Customs ruling, or a decision to amend a Customs ruling, under this Part may, within 20 working days after the date on which notice of the ruling or decision is given, appeal to a Customs Appeal Authority against that ruling or decision. 1966 No 19 s 151I 1994 No 129 s 7
127: No liability where Customs ruling relied on
1: Where an applicant has relied on a Customs ruling in relation to specific goods or a specific matter, and, as a result,—
a: the applicant has not paid the amount of duty that, but for this section, is payable on the goods; or
b: the applicant would, but for this section, be liable to the imposition of a penalty under section 128A
c: goods, but for this section, would be liable to seizure under this Act,— the amount of the duty otherwise payable is not recoverable as a debt due to the Crown and no penalty shall be imposed under section 128A
2: Subsection (1) applies only in relation to a matter on which the Customs ruling was given and where the Customs ruling has not ceased under section 125 section 124 Section 127(1) amended 6 April 2012 section 14 Customs and Excise Amendment Act 2012 Section 127(1)(b) amended 6 April 2012 section 14 Customs and Excise Amendment Act 2012
10: Administrative penalties
128: Definitions for Part
In this Part,— entry
a: an entry required under this Act; and
b: every declaration, invoice, certificate, written statement, or other document required or authorised by or under this Act to be made or produced by a person making the entry; and
c: every amendment of the entry; and
d: for any goods or class of goods deemed by regulations made under section 40(d) section 39(1)
e: for any goods or class of goods deemed by regulations made under section 50(b) section 49(1) materially incorrect
a: for an entry under section 39
i: the overseas supplier's identity:
ii: the importer's identity:
iii: the identity of the person making the entry:
iv: the identification of the importing craft or its voyage number:
v: the bill of lading, air waybill, or container identification details:
vi: the supplier's invoice number:
vii: any permit number or code:
viii: the Tariff item in which the goods are classified under the Tariff Act 1988
ix: the statistical quantity of the goods:
x: the currency code for the currency in which the goods are traded:
xi: the value for duty expressed in the currency in which the goods are traded:
xii: the value for duty expressed in New Zealand currency:
xiii: the country of origin of the goods:
xiv: the country from which the goods have been exported:
xv: the amount paid or payable to transport the goods to New Zealand from the country of exportation, including any amount paid or payable for internal transportation of the goods in that country:
xvi: the insurance costs associated with transporting the goods to New Zealand, inclusive of any insurance costs in the country of exportation:
b: for an entry under section 49 section 117
c: for an entry that is not an entry under section 39 49 Section 128 replaced 6 April 2012 section 15 Customs and Excise Amendment Act 2012
128A: Imposition of penalty
1: The chief executive may issue a penalty notice to a person if the chief executive is satisfied that—
a: an entry of goods made by the person contains an error or omission; and
b: either of the following applies:
i: as a result of the error or omission, an amount of duty payable under this Act has not been paid or declared for payment or would not have been paid or declared for payment; or
ii: the entry is otherwise materially incorrect.
2: The penalty notice may require the person to pay to the chief executive by way of penalty and in addition to the duty payable under this Act (if any) the amount referred to in section 128B(1)
3: Within 20 working days after the date on which the penalty notice is issued by the chief executive under subsection (1) due date
a: must pay the penalty:
b: may request the chief executive to review the decision to issue the notice.
4: However, section 129(2) subsection (3)(b)
5: The amount of the penalty, including any additional penalty imposed under section 128C
6: A person who pays the amount of the penalty, or for whom that amount is paid, is not liable to prosecution for an offence in relation to the error or omission and the goods in relation to which the error or omission occurred are not liable to seizure under this Act.
7: Subsection (6)
8: This section is subject to section 130 Section 128A inserted 6 April 2012 section 15 Customs and Excise Amendment Act 2012
128B: Calculation of amount of penalty
1: The amount of the penalty imposed under section 128A(2) subsection (2) or (3)
2: If the error or omission has resulted in an amount of duty payable under this Act (including any liability for goods and services tax) not being paid or declared for payment, the amount is the greater of—
a: $200; or
b: an amount (up to a maximum of $50,000) that is equal to whichever one of the following applies:
i: 20% of the duty unpaid or undeclared, if the chief executive is satisfied that the error or omission occurred because the person did not take reasonable care; or
ii: 40% of the duty unpaid or undeclared, if the chief executive is satisfied that the error or omission occurred because the person was grossly careless; or
iii: 100% of the duty unpaid or undeclared, if the chief executive is satisfied that the error or omission was made knowingly.
3: If the error or omission has resulted in the entry being materially incorrect, the amount is the greater of—
a: $200 for each entry; or
b: an amount (up to a maximum of $50,000) that is equal to whichever one of the following applies:
i: 20% of the excess drawback paid or claimed, if the chief executive is satisfied that the error or omission occurred because the person did not take reasonable care; or
ii: 40% of the excess drawback paid or claimed, if the chief executive is satisfied that the error or omission occurred because the person was grossly careless; or
iii: 100% of the excess drawback paid or claimed, if the chief executive is satisfied that the error or omission was made knowingly.
4: If the goods referred to in section 128A(1) section 39 subsection (2)(b) Section 128B inserted 6 April 2012 section 15 Customs and Excise Amendment Act 2012
128C: Additional penalty may be imposed
1: The additional penalties specified in subsection (2) section 128A(1) section 128A(3) section 128A(3)(b)
2: The additional penalties are—
a: 5% of the amount of the penalty unpaid by the due date; and
b: 2% of the amount of the penalty, including any additional penalty, unpaid at the end of the period of 1 month after the due date; and
c: 2% of the amount of the penalty, including any additional penalty, unpaid at the end of each succeeding period of 1 month.
3: However, the chief executive may, in his or her discretion, remit or refund the whole or any part of any additional penalty imposed under subsection (1) Section 128C inserted 6 April 2012 section 15 Customs and Excise Amendment Act 2012
128D: Right of appeal to Customs Appeal Authority
A person who is dissatisfied with a decision of the chief executive under section 128A 128B 128C Section 128D inserted 6 April 2012 section 15 Customs and Excise Amendment Act 2012
129: Obligation to pay penalty not suspended by
review or
1: The obligation to pay and the right to receive and recover any penalty imposed under section 128A section 128A(3)(b)
2: Subject to the provisions of subsection (3), if the person who requested the review, or the appellant, is successful the person or
3: The provisions of section 92(3) section 93 Section 129 heading amended 6 April 2012 section 16(1) Customs and Excise Amendment Act 2012 Section 129(1) amended 6 April 2012 section 16(2) Customs and Excise Amendment Act 2012 Section 129(2) amended 6 April 2012 section 16(3)(a) Customs and Excise Amendment Act 2012 Section 129(2) amended 6 April 2012 section 16(3)(b) Customs and Excise Amendment Act 2012
130: No penalty in certain cases
A person is not liable to the imposition of a penalty under section 128A
a: that person has voluntarily disclosed the error or omission to the Customs before the Customs has notified the person that—
i: the goods to which the entry relates have been selected for examination by the Customs:
ii: documentation is required to be presented to the Customs in relation to that entry:
iii: the Customs intends to conduct an audit or investigation in relation to a selection of entries that includes that entry, or in relation to entries made over a period of time that includes the time the entry was made; or
b: that person satisfies the chief executive that the person formed a view as to the relevant facts pertaining to the entry which, while incorrect, was reasonable having regard to the information available to that person when the entry was prepared; or
c: that person satisfies the chief executive that he or she acted in good faith on information provided by the importer , exporter,
d:
e: a charging document for an offence against this Act has been filed
f: the period between the date of lodgement of the entry of the goods and the date on which the error or omission was first identified exceeds 4 years; or
g: the provisions of section 127 Section 130 amended 6 April 2012 section 17(1) Customs and Excise Amendment Act 2012 Section 130(c) amended 8 December 2009 section 16(7) Customs and Excise Amendment Act 2009 Section 130(d) repealed 6 April 2012 section 17(2) Customs and Excise Amendment Act 2012 Section 130(e) amended 1 July 2013 section 413 Criminal Procedure Act 2011
11: Joint Border Management System (JBMS)
Part 11 replaced 24 June 2014 section 16 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
131A: Joint Border Management System (JBMS) defined
Joint Border Management System JBMS
a: is designed for the collection, storage, and use of border information (as defined in section 282D
i: the Ministry (as defined in section 282D
ii: the Customs; and
b: enables entities to transmit information to it, and receive information from it, through systems that include, or may include, a system called Trade Single Window. Section 131A inserted 24 June 2014 section 16 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
131: Access generally restricted to registered users
An entity must not access, transmit information to, or receive information from, the JBMS, unless that entity is—
a: a registered JBMS user (acting through a representative, if the entity is not an individual ordinarily resident in New Zealand); or
b: otherwise authorised by or on behalf of the chief executive to do so. Section 131 replaced 24 June 2014 section 16 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
132: Application to be registered JBMS user
1: Any entity that wants to be a registered JBMS user may send the chief executive an application to be a registered JBMS user.
2: The entity may be an individual, a body corporate (whether incorporated in or outside New Zealand), or an unincorporated body of persons but, if the entity is not an individual ordinarily resident in New Zealand, the entity must nominate 1 or more individuals ordinarily resident in New Zealand to be the entity's representative or representatives.
3: The application must be written and in the prescribed form.
4: The applicant entity must provide, with and in relation to the application, the information prescribed.
5: The chief executive may require the applicant entity to provide either or both of the following:
a: any additional information the chief executive considers necessary for the purposes of the application:
b: evidence of the entity's competence in any area the chief executive considers relevant to the application.
6: The chief executive may, if the applicant entity is a body corporate or an unincorporated body, require additional information or evidence of that kind (including, without limitation, evidence of the competence in any area the chief executive considers relevant of all or any individuals who are representatives or other agents or employees of the entity) from all or any individuals (however described) concerned in the entity's management. Section 132 replaced 24 June 2014 section 16 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
132A: Chief executive must determine application
1: The chief executive must determine an application to be a registered JBMS user by—
a: granting the application (subject to any conditions the chief executive thinks fit), if satisfied the applicant entity (including every nominated representative, if any, of the entity) is (subject to those conditions, if any) fit and proper to be (or, as the case requires, to be a or the nominated representative of) a registered JBMS user; or
b: refusing the application, in every other case.
2: In determining whether the applicant entity (including every nominated representative, if any, of the entity) is fit and proper to be (or, as the case requires, to be a or the nominated representative of) a registered JBMS user, the chief executive may consider all relevant information available to the chief executive, and may take into account all or any of the following that apply to, or in respect of, the applicant entity (including every nominated representative, if any, of the entity):
a: a serious or repeated failure by or on behalf of the applicant entity to comply with requirements in or under this Act, the Biosecurity Act 1993 Hazardous Substances and New Organisms Act 1996
b: convictions for any border-related offence, dishonesty offence, or drugs offence (as those terms are defined by section 132B
c: other relevant grounds (including, without limitation, all other relevant grounds prescribed) for considering that the applicant entity (or, as the case requires, a or the nominated representative of the entity) is (in any way, and to any extent) likely to fail to comply with requirements in or under this Act, the Biosecurity Act 1993 subsection (1)(a)
3: Conditions imposed under subsection (1)(a)
4: The chief executive must give written notice of his or her decision to the applicant entity.
5: An applicant entity that is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision. Section 132A inserted 24 June 2014 section 16 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
132B: Border-related offence, dishonesty offence, and drugs offence defined
1: Border-related offence sections 132A(2)(b) 135(1)(c)
a: Agricultural Compounds and Veterinary Medicines Act 1997
b: Animal Products Act 1999
c: Biosecurity Act 1993
d: Food Act 2014
e: Hazardous Substances and New Organisms Act 1996
f: Human Assisted Reproductive Technology Act 2004
g: Immigration Advisers Licensing Act 2007
h: Immigration Act 2009
i: Passports Act 1992
j: Protected Objects Act 1975
k: Terrorism Suppression Act 2002
l: Trade in Endangered Species Act 1989
m: regulations under the United Nations Act 1946
n: Wine Act 2003
o: any other enactment involving the unlawful entry into, or unlawful removal from, New Zealand, of a person, matter, or thing.
2: Dishonesty offence sections 132A(2)(b) 135(1)(c) Part 10 sections 267 to 271
3: Drugs offence sections 132A(2)(b) 135(1)(c) Misuse of Drugs Act 1975 Section 132B inserted 24 June 2014 section 16 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 132B(1)(d) amended 1 March 2016 section 447 Food Act 2014
133: Assignment, use, and security of unique user identifier
1: An applicant entity that is registered as a JBMS user may be assigned by the chief executive a unique user identifier—
a: for use by the entity, or for use on its behalf by a or the nominated representative of it, in relation to the JBMS; and
b: in a form, or of a nature, that the chief executive determines.
2: Subsection (1)
a: authorises the Director-General (as defined in section 282D subsection (1)
b: overrides information privacy principle 12(2) of (in section 6 section 7(4)
3: A unique user identifier assigned under subsection (1)
4: The chief executive may, by notice in writing, impose conditions on a particular registered JBMS user (including every nominated representative, if any, of the user), or on registered JBMS users generally (including every nominated representative, if any, of the users), relating to the use and security of unique user identifiers. Section 133 replaced 24 June 2014 section 16 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
134: Use of unique user identifier presumed secure
1: If information is transmitted to the JBMS using a unique user identifier issued to a registered JBMS user by the chief executive for that purpose, the transmission of that information is, in the absence of proof to the contrary, sufficient evidence that the registered JBMS user or nominated representative of a registered JBMS user to whom the unique user identifier has been issued has transmitted that information.
2: If a unique user identifier is used by an individual who is not entitled to use it, subsection (1) Section 134 replaced 24 June 2014 section 16 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
134A: Conditions on registration of registered users
1: The chief executive may impose a condition on the registration of either or both of the following:
a: a specified registered JBMS user or class of registered JBMS users (including every nominated representative, if any, of the user or users):
b: all registered JBMS users (including their nominated representative or representatives, if any).
2: Conditions imposed under subsection (1)
3: A condition imposed under subsection (1) subsection (4)
a: the 20th working day after the date of notification of the imposition of the condition on the registered JBMS user's registration; or
b: a later date specified by the chief executive.
4: A registered JBMS user that is dissatisfied with the imposition under subsection (1)
5: If the Customs Appeal Authority is of the view that the imposition under subsection (1)
a: the 10th working day after the date of notification of the Authority's decision; or
b: a later date specified by the Customs Appeal Authority. Section 134A replaced 24 June 2014 section 16 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
134B: 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 to the Customs any border information (as defined in section 282D
2: Any person who uses the JBMS to comply with the requirement (including, without limitation, by supplying the information to the Ministry, or to an appointed agency, in accordance with section 282G 282K
a: for complying with the requirement by using the JBMS; and
b: for the time being generally approved in writing by the chief executive.
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, for the information of registered JBMS users, in Customs rules under section 288(1)(j) Section 134B inserted 24 June 2014 section 16 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
134C: Duty to use JBMS to supply border information to Customs
1: This section applies to a requirement by or under this Act to supply to the Customs any border information (as defined in section 282D
2: After the commencement of this section, the only ways in which a person can comply with the requirement are—
a: by using the JBMS; or
b: by using another means for the time being generally or specifically approved in writing by the chief executive. Section 134C inserted 1 July 2016 section 39 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
135: Cancellation or suspension of registration
1: The chief executive may by written notice to a registered JBMS user (which must state grounds for the cancellation) cancel that registered JBMS user's registration if satisfied that the user (or, as the case requires, a or the nominated representative of the user)—
a: has failed to comply with a condition imposed by the chief executive under section 132A(1)(a) 133(4)
b: has failed to comply with a condition imposed by the chief executive under section 134A(1) section 134A(3) and (4)
c: has been convicted of any border-related offence, dishonesty offence, or drugs offence (as those terms are defined by section 132B
d: is, on 1 or more prescribed grounds, unfit to continue to be (or, as the case requires, to be a or the nominated representative of) a registered JBMS user.
2: The chief executive may (despite subsection (1)
a: has failed to comply with a condition imposed by the chief executive under section 132A(1)(a) 133(4)
b: has failed to comply with a condition imposed by the chief executive under section 134A(1) section 134A(3) and (4)
3: The date or event specified in the notice under subsection (2) section 132A(1)(a) 133(4) 134A(1)
4: An entity dissatisfied with a decision of the chief executive under this section to cancel or suspend that entity's registration as a JBMS user may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision. Section 135 replaced 24 June 2014 section 16 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
136: Customs must keep records of transmissions
1: The Customs must keep a record of every transmission using the JBMS sent to, or received from, a registered JBMS user (including, without limitation, by way of a or the nominated representative of the user).
2: The record described in subsection (1)
a: 7 years starting on the day after the date of the sending, or as the case requires the receipt, of the transmission; or
b: any other period prescribed. Section 136 replaced 24 June 2014 section 16 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
12: Powers of Customs officers
137: Patrols and surveillance
Any Customs officer
a: patrol on or over any part of the foreshore or the shore of any lake or lagoon or the banks of any river and any structure extending therefrom, or any part of the adjacent land, or any Customs place or Customs controlled area; and
b: enter and inspect any aircraft landing strip and any building thereon,— and may remain in any such area for the purposes of carrying out investigations or surveillance. 1966 No 19 s 210 1982 No 112 s 11 Section 137 amended 8 December 2009 section 5(2) Customs and Excise Amendment Act 2009
138: Landing or mooring of Customs craft
A Customs officer or other person in charge of any craft employed in the service of the Customs may anchor, moor, berth, or land the craft, or haul the craft ashore, at any place within New Zealand and, in any such case, no charge shall be levied against the Customs. 1966 No 19 s 211
139: Boarding craft
1: Any Customs officer
a: the craft has arrived in New Zealand from a point outside New Zealand; or
b: the craft is departing from New Zealand to a point outside New Zealand, including while the craft is travelling within New Zealand en route to a point outside New Zealand; or
c: the craft (not being a craft to which paragraph (a) or paragraph (b) applies) is carrying any domestic cargo or international cargo while the craft remains within New Zealand; or
d: the Customs officer has reasonable cause to suspect that the craft (not being a craft to which paragraph (a) or paragraph (b) or paragraph (c) applies)—
i: is carrying any dutiable, uncustomed, prohibited, or forfeited goods; or
ii: has been, is being, or is about to be, involved in the commission of an offence against this Act.
2: The chief executive may station Customs officers on board any craft that has arrived in New Zealand from a point outside New Zealand for the purposes of performing any function or exercising any power that the officers may be required, authorised, or empowered to perform or exercise under this Act.
3: Where a Customs officer is stationed on board a craft pursuant to subsection (2), the person in charge of the craft must ensure that the officer is provided with—
a: suitable accommodation and board in accordance with the reasonable requirements of that officer; and
b: safe access to any part of the craft; and
c: safe means of leaving the craft.
4: No charge shall be levied against the Customs for the carriage of a Customs officer who is stationed on board a craft or for his or her accommodation and board.
5: The provisions of Part 4 subpart 3
6: Despite subsection (5) sections 125(4) 131(5)(f) 133 subparts 6 8 section 225 1966 No 19 s 205(1), (2) 1983 No 41 s 12 Section 139(1) amended 8 December 2009 section 5(2) Customs and Excise Amendment Act 2009 Section 139(5) inserted 1 October 2012 section 221(1) Search and Surveillance Act 2012 Section 139(6) inserted 1 October 2012 section 221(1) Search and Surveillance Act 2012
140: Searching of craft
1: Any Customs officer
a: a craft that has arrived in New Zealand from a point outside New Zealand; or
b: a craft that is departing from New Zealand to a point outside New Zealand and at all times while the craft is travelling within New Zealand en route to a point outside New Zealand; or
c: a craft (not being a craft to which paragraph (a) or paragraph (b) applies) that is carrying any domestic cargo or international cargo while the craft remains within New Zealand; or
d: a craft (not being a craft to which paragraph (a) or paragraph (b) or paragraph (c) applies) that is within New Zealand and
i: is carrying any dutiable, uncustomed, prohibited, or forfeited goods; or
ii: has been, is being, or is about to be, involved in the commission of an offence against this Act— for the purpose of performing any function or exercising any power that the officer may be required, authorised, or empowered to perform or exercise under this Act.
2: In the exercise of the power conferred by subsection (1)(a) to (c)
3: The provisions of Part 4 subpart 3
4: Despite subsection (3) sections 125(4) 131(5)(f) 133 subparts 6 8 section 225 1966 No 19 s 206 1983 No 41 s 13 Section 140(1) amended 8 December 2009 section 5(2) Customs and Excise Amendment Act 2009 Section 140(1)(d) amended 1 October 1996 Customs and Excise Amendment Act 1996 Section 140(2) amended 1 October 2012 section 221(2) Search and Surveillance Act 2012 Section 140(2) amended 8 December 2009 section 5(2) Customs and Excise Amendment Act 2009 Section 140(3) inserted 1 October 2012 section 221(3) Search and Surveillance Act 2012 Section 140(4) inserted 1 October 2012 section 221(3) Search and Surveillance Act 2012
141: Securing goods on craft
For the purpose of performing any function or exercising any power that the Customs is required, authorised, or empowered to perform or exercise under this Act, a Customs officer section 139(1)(a) to (c) 140(1)(a) to (c)
a: secure, by appropriate means, goods on board that craft; or
b: remove goods on board that craft to a secure place. 1966 No 19 s 209(1) Section 141 amended 1 October 2012 section 221(4) Search and Surveillance Act 2012 Section 141 amended 8 December 2009 section 5(2) Customs and Excise Amendment Act 2009
142: Firing on ship
The officer commanding or in charge of any craft in Her Majesty's service having hoisted and carrying or displaying the proper ensign or the Customs flag shall, at the request of the chief executive, within New Zealand, chase any ship where—
a: the ship does not immediately bring-to when signalled or required to do so; or
b: the master refuses to permit the ship to be boarded,— and may, as a last resort after having fired a warning, fire at or onto the ship to compel it to bring-to. 1966 No 19 s 208
143: Detention of craft
1AA: Subsection (1) applies to a Customs officer and a craft—
a: if the officer has reasonable cause to believe that an offence against this Act has been, is being, or is about to be committed on or in respect of the craft while it was or is within New Zealand; or
b: if the craft is within New Zealand, and the officer has reasonable cause to believe that—
i: there is on the craft a person who was carried into New Zealand on it; and
ii: the carriage of the person into New Zealand on the craft constituted an offence against section 98C(1)
1: If subsection (1AA) applies to a Customs officer and a craft, the Customs officer—
a: may—
i: direct the craft to proceed to the nearest Customs place, or any other place the officer considers appropriate; or
ii: direct that the craft remain where it is; and
b: in either case, may detain the craft for any time and for any purposes reasonably necessary to carry out an investigation into the commission of the offence concerned.
2: If the person in charge of a craft attempts or threatens to cause the craft to depart from a place to which the craft has been directed to proceed or in which the craft has been directed to remain pursuant to subsection (1) without a certificate of clearance, a Customs officer may (in addition to any power of seizure under Part 14 section 215 1966 No 19 ss 72(3), 289 Section 143(1AA) inserted 18 June 2002 section 8(1) Crimes Amendment Act 2002 Section 143(1) substituted 18 June 2002 section 8(1) Crimes Amendment Act 2002
144: Searching vehicles
1: A Customs officer who has reasonable cause to suspect that—
a: there are
b: there is evidence relating to any such goods; or
c: there is evidence relating to any offence against this Act,— may stop the vehicle and search it and may detain the vehicle for such period as may be reasonably necessary for that purpose.
2: A Customs officer or constable
a: there are
b: there is evidence relating to the unlawful importation of any goods or an attempt to unlawfully export any goods,— may stop the vehicle and search it and may detain the vehicle for such period as may be reasonably necessary for that purpose.
3: A Customs officer who has reasonable cause to suspect that there are in or on a vehicle goods subject to the control of the Customs because they are goods to be exported and that have been brought to a CASE—
a: may stop the vehicle and search it; and
b: may detain the vehicle for such period as may be reasonably necessary for that purpose and for exercising powers under section 151
4: A Customs officer who has reasonable cause to suspect that there are in or on a vehicle goods subject to the control of the Customs and in a Customs-approved secure package or in a package in relation to which a Customs seal has been used
a: may stop the vehicle and search it; and
b: may detain the vehicle for such period as may be reasonably necessary for that purpose and for exercising powers under section 151
5: Powers given by any other subsection of this section apply even if the vehicle need not be stopped because it is not moving, and whether or not it is attended, and include the power to use reasonable force, if necessary, to stop, detain, enter in or on, and search the vehicle (or for any of those purposes) as authorised by that other subsection.
6: The provisions of Part 4 subparts 2 3
7: Despite subsection (5), sections 125(4) 131(5)(f) 133 subparts 6 8 section 225 1966 No 19 s 215 Section 144(1)(a) amended 2 July 2004 section 24(1) Customs and Excise Amendment Act 2004 Section 144(2) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Section 144(2)(a) amended 2 July 2004 section 24(2) Customs and Excise Amendment Act 2004 Section 144(3) added 2 July 2004 section 24(3) Customs and Excise Amendment Act 2004 Section 144(4) added 2 July 2004 section 24(3) Customs and Excise Amendment Act 2004 Section 144(4) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 144(5) added 8 December 2009 section 18 Customs and Excise Amendment Act 2009 Section 144(6) inserted 1 October 2012 section 222 Search and Surveillance Act 2012 Section 144(7) inserted 1 October 2012 section 222 Search and Surveillance Act 2012
145: Questioning persons
about goods and debt
1: This section applies to—
a: any person who—
i: has within the preceding 72 hours arrived in New Zealand; or
ii: is departing from New Zealand; or
b: any person, not being a person to whom paragraph (a) applies, who is within a Customs controlled area licensed for—
i: the temporary holding of imported goods for the purposes of the examination of those goods under section 151
ii: the disembarkation, embarkation, or processing of persons arriving in or departing from New Zealand; or
iii: the processing of craft arriving in or departing from New Zealand or the loading or unloading of goods onto or from such craft; or
c: any person, not being a person to whom paragraph (a) applies, who is on board or is in the process of embarking onto or disembarking from a craft that has arrived from, or is departing to, a point outside New Zealand, while the craft is within New Zealand.
2: A Customs officer may question a person to whom this section applies as to any 1 or more of the following matters:
a: whether or not that person has or has had in that person's possession any dutiable, prohibited, uncustomed, or forfeited goods:
b: the nature, origin, value, ownership, or intended destination of any goods of that kind:
c: whether, under this Act, any debt (for example, in respect of any duty, duty refunded in error, recovery of the drawback of any duty, or penalty) is due to the Crown and payable by the person, or by a company, trust, partnership, or other enterprise of which that person is or was a director, manager, secretary, officer, or agent:
d: the nature and extent of the debt (if any) of that kind. 1966 No 19 s 212(1), (1A) 1994 No 100 s 7 Section 145 heading amended 2 July 2004 section 25 Customs and Excise Amendment Act 2004 Section 145(2) substituted 9 October 2002 section 10 Customs and Excise Amendment Act (No 2) 2002
145A: Questioning persons about identity, address, travel movements and entitlement, and other matters
1: This section and sections 147A 148A
a: a person who—
i: has, or is suspected of having, disembarked from a craft that has arrived in New Zealand; and
ii: has not, or is suspected of having not, reported to a Customs officer or a Police station on his or her arrival, contrary to section 27
b: a person who is, or is suspected of, attempting to depart from New Zealand from a place other than from a Customs place, contrary to section 30
2: This section and sections 147A 148A
a: in the case of a person referred to in subsection (1)(a), to a person whose actions are authorised by another section of this Act; and
b: in the case of a person referred to in subsection (1)(b), to a person who is complying with an exemption prescribed by regulations made under this Act or whose actions are authorised by the Customs.
3: A Customs officer may question a person to whom this section applies as to any 1 or more of the following matters:
a: the person's identity:
b: the person's residential address:
c: the person's travel movements:
d: the person's entitlement to travel:
e: any of the matters specified in section 145(2)
f: the craft—
i: from which the person disembarked or is suspected of disembarking; or
ii: on which the person attempted to depart, or is suspected of attempting to depart, from New Zealand:
g: any other person who is, or was, involved in the person's arrival, suspected arrival, departure, attempted departure, or suspected departure, whether or not the other person was on the craft—
i: from which the person disembarked or is suspected of disembarking; or
ii: on which the person attempted to depart, or is suspected of attempting to depart, from New Zealand.
4: A question under subsection (3)(f) may, but need not, relate to the craft's voyage and any persons or goods carried by the craft.
5: Section 185(3) Section 145A inserted 2 July 2004 section 26 Customs and Excise Amendment Act 2004
146: Questioning employees of airlines, shipping companies, owners or operators of certain vehicles, etc
1: A Customs officer may question any or all of the following about any international cargo or domestic cargo:
a: a person who, as an employee of an airline or shipping company, manages or carries out the receipt, handling, custody, or dispatch of international cargo or domestic cargo by that airline or shipping company:
b: a person employed by the licensee of a Customs controlled area licensed for—
i: the temporary holding of imported goods for the purposes of the examination of those goods under section 151
ii: the processing of craft arriving in or departing from New Zealand or the loading or unloading of goods onto or from such craft:
c: a person (not being a person described in paragraph (a) or (b)) who is in a Customs controlled area licensed for a purpose described in paragraph (b)(i) or (ii).
2: A Customs officer may question any or all of the following about any cargo destined to be exported from New Zealand:
a: a person who is the owner or operator of a vehicle that a Customs officer has reasonable cause to suspect has in or on it, or has within the previous 72 hours had in or on it, goods subject to the control of the Customs and in a Customs-approved secure package or in a package in relation to which a Customs seal has been used
b: a person who is the owner or occupier of premises that a Customs officer has reasonable cause to suspect have in or on them, or have within the previous 72 hours had in or on them, goods subject to the control of the Customs and in a Customs-approved secure package or in a package in relation to which a Customs seal has been used
c: a person employed by a person described in paragraph (a) or paragraph (b).
3: A question under subsection (2) about cargo destined to be exported from New Zealand may relate to any or all of the following:
a: whether, and if so how, goods that are or were some or all of the cargo are or were packed in a package in relation to which a Customs seal was used or in a Customs-approved secure package in relation to which a seal, marking, substance, or device of the kind referred to in section 53E(1)(b)
b: the transportation or storage of packages of the kind referred to in paragraph (a) at any time before they are or were exported:
c: tampering or interference with a package of the kind referred to in paragraph (a) or with a seal, marking, substance, or device
4: Subsection (3) does not limit subsection (2).
5: Section 185(3)
6: Nothing in this section limits sections 145 145A Section 146 substituted 2 July 2004 section 27 Customs and Excise Amendment Act 2004 Section 146(2)(a) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 146(2)(b) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 146(3)(a) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 146(3)(c) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009
147: Evidence of identity and entitlement to travel
1: This section applies to a person who is—
a: an internationally ticketed passenger using air or sea travel for a domestic sector; or
b: a domestic passenger using air or sea travel for a domestic sector; or
c: within a Customs controlled area licensed for the disembarkation, embarkation, or processing of persons arriving in or departing from New Zealand.
2: A person to whom this section applies shall, on demand by a Customs officer,—
a: state that person's full name and residential address; and
b: if required, produce for inspection such prescribed document as the officer may specify; or
c: if the person is unable to produce the prescribed document specified, complete a declaration in the prescribed form.
3: A demand under paragraph (b) or (c) of subsection (2) may be made of a person only for the purpose of enabling the Customs officer to establish that person's identity or that person's travel movements or that person's entitlement to air or sea travel for a domestic sector, or all of those.
4: A document produced by a person to a Customs officer under subsection (2)(b) shall be either—
a: inspected immediately and returned to the person as soon as the inspection has concluded; or
b: retained by the Customs officer for as long as is necessary to ascertain whether or not the chief executive wishes to exercise his or her power under section 164
5: This section is subject to section 175B 1966 No 19 s 218B 1994 No 100 s 9 Section 147(5) 6 March 2007 section 26 Customs and Excise Amendment Act 2007
147A: Evidence of answers to questions under section 145A
1: A person to whom this section applies in accordance with section 145A
a: are in the person's possession or control; and
b: relate to the matters the person has been questioned about under section 145A
2: When a person produces a document in response to a demand under subsection (1), a Customs officer may do any of the following things:
a: inspect the document immediately and return it to the person when the officer has finished inspecting it:
b: inspect the document and retain it for the length of the person's detention under section 148A
c: inspect the document and retain it for as long as necessary to ascertain whether or not the chief executive wishes to exercise his or her power under section 164
d: inspect the document and remove it for the purpose of making a copy under section 165
e: inspect the document and retain it under section 166
3: This section is subject to section 175B Section 147A inserted 2 July 2004 section 28 Customs and Excise Amendment Act 2004 Section 147A(3) 6 March 2007 section 27 Customs and Excise Amendment Act 2007
148: Detention of persons
questioned about goods or debt
1: Where a Customs officer—
a: is not satisfied that the answer to a question put to the person under section 145
b: has not been given an answer to a question put to the person under that section; or
c: is not satisfied as to a reason or explanation given by the person in respect of goods that are or have been, or that the officer suspects are or have been, in that person's possession or under that person's control,— and the officer has reasonable cause to suspect that an offence has been, is being, or is about to be, committed against this Act by that person or any other person associated with that person, the officer may detain that person.
2: A Customs officer may detain a person under subsection (1) only for either or both of the following purposes:
a: to enable the officer to make any inquiries necessary to establish whether the answer to the question or the reason or explanation is correct:
b: to obtain the attendance of, or make inquiries of, another Customs officer or a person who is entitled to exercise any power to question, detain, or arrest a person under this Act.
3: A person must not be detained under this section for a period exceeding 4 hours. Section 148 heading amended 2 July 2004 section 29 Customs and Excise Amendment Act 2004 Section 148(2) substituted 6 March 2007 section 28 Customs and Excise Amendment Act 2007
148A: Detention of person questioned under section 145A
1: A Customs officer may detain a person to whom this section applies in accordance with section 145A
a: to question him or her under section 145A
b: to enable the officer to make the inquiries that are necessary to establish whether an answer to a question asked under section 145A
c: to obtain the attendance of, or make inquiries of, another Customs officer or an officer entitled to exercise a power to question, detain, or arrest a person under this Act or the Crimes Act 1961 section 145A
2: A Customs officer may detain a person under subsection (1) for up to 12 hours.
3: The questioning of a person under section 145A
4: A Customs officer must release a person detained under subsection (1) immediately after the person answers the questions asked under section 145A
a: is satisfied that the person has correctly answered the questions; and
b: has no reasonable cause to suspect that the person questioned under that section has—
i: committed an offence under section 180(1) section 27 section 30
ii: committed an offence under section 98C(1)
5: A Customs officer may continue to detain a person under subsection (1) after the person is questioned under section 145A
a: is not satisfied that the person has correctly answered a question asked under section 145A
b: is not satisfied that the person has given an answer to a question asked under section 145A
c: has reasonable cause to suspect that the person questioned under that section has—
i: committed an offence under section 180(1) section 27 section 30
ii: committed an offence under section 98C(1)
6: Despite subsection (2), a person may be detained for a further reasonable period if, and only if, accident, stress of weather, or some other difficulty of transport or special circumstance makes it impossible for a Customs officer to do what is specified in subsection (1) within the 12-hour period specified in subsection (2).
7: Reasonable force may be used, if it is necessary, to detain a person under subsection (1).
8: In this section, unless the context otherwise requires,— detain further reasonable period Section 148A inserted 2 July 2004 section 30 Customs and Excise Amendment Act 2004
148B: Detention of persons committing or about to commit certain offences
1: A Customs officer and, in the case of paragraph (b), a constable constable section 180 or 191(1)(e)
a: if a craft has arrived at a nominated Customs place or a Customs controlled area within that place under section 24 section 26
b: if the person has arrived in New Zealand, not reporting forthwith to a Customs officer or a Police station (in contravention of section 27(1)
c: if the person has arrived in New Zealand and reported to a Customs officer or a Police station under section 27(1) constable constable
d: if the person is on board a craft that has arrived in New Zealand, not complying with any Customs direction concerning disembarkation (in contravention of section 28(1)
e: having disembarked from a craft that has arrived in New Zealand, leaving a Customs controlled area when the Customs requires the person to remain there for such reasonable time as is required to enable a Customs officer to exercise a power under this Act in relation to that person (in contravention of section 28(3) ; or
f: if the person is required to comply with a direction given under section 32B(3)
2: A Customs officer or, if applicable, a constable
3:
4: A Customs officer or, if applicable, a constable
5: Reasonable force may be used, if necessary, to detain a person under subsection (1).
6: A person must not be detained under subsection (1) if a Customs officer or, if applicable, a constable section 180
7: Nothing in this section prevents a person—
a: being detained or further detained under another provision of this Act or under any other enactment if there are lawful grounds for that detention; or
b: being arrested under section 174
8: In this section, unless the context otherwise requires, detention constable Section 148B inserted 2 July 2004 section 30 Customs and Excise Amendment Act 2004 Section 148B(1) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Section 148B(1) amended 17 September 2008 section 10 Customs and Excise Amendment Act (No 3) 2008 Section 148B(1)(c) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Section 148B(1)(c) amended 1 October 2008 section 116(a)(i) Policing Act 2008 Section 148B(1)(e) amended 6 March 2007 section 29(1) Customs and Excise Amendment Act 2007 Section 148B(1)(f) added 6 March 2007 section 29(1) Customs and Excise Amendment Act 2007 Section 148B(2) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Section 148B(3) repealed 6 March 2007 section 29(2) Customs and Excise Amendment Act 2007 Section 148B(4) substituted 6 March 2007 section 29(3) Customs and Excise Amendment Act 2007 Section 148B(4) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Section 148B(6) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Section 148B(8) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009
148C: Detention for public health or law enforcement purposes
1: A Customs officer may detain a person who is required to comply with a direction given under section 32C
2: If a Customs officer has reasonable cause to suspect that a person who is detained under section 148 148A 148B section 32C(1)
a: detain the person under this section as well as the other section; or
b: if the detention under the other section has ended or is about to end, further detain the person under this section.
3: A Customs officer may detain or further detain a person under this section only for the purposes of obtaining the attendance of, or making inquiries of, another officer who is authorised, in respect of a matter specified in section 32C(1)
a: question the person:
b: ascertain or determine a matter relating to the status of the person:
c: detain the person:
d: arrest the person.
4: A person must not be detained or further detained under this section for a period exceeding the shorter of—
a: 4 hours; or
b: if the person's detention commenced under section 148 148A
5: Reasonable force may be used, if necessary, to detain or further detain a person under this section.
6: Nothing in this section prevents a person—
a: being detained or further detained under another provision of this Act or under any other enactment if there are lawful grounds for that detention; or
b: being arrested under section 174
7: In this section,— another officer
a: a constable
b: a bailiff; or
c: an employee or agent of a department of State detention constable Section 148C inserted 6 March 2007 section 12 Customs and Excise Amendment Act 2007 Section 148C(7) another officer amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Section 148C(7) detention amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009
149: Persons to whom sections 149A
, 149B(1), and 149BA Sections 149A , 149B(1) 149BA
a: a person on board a craft that has arrived in, or is departing from, New Zealand; or
b: a person in the process of disembarking from, or embarking on to, a craft described in paragraph (a); or
c: a person who, having entered into New Zealand at a Customs place, remains in that Customs place. Section 149 substituted 9 October 2002 section 11 Customs and Excise Amendment Act (No 2) 2002 Section 149 heading amended 2 July 2004 section 31(1) Customs and Excise Amendment Act 2004 Section 149 amended 2 July 2004 section 31(2) Customs and Excise Amendment Act 2004
149AA: Powers in relation to unauthorised persons remaining in certain Customs controlled areas
1: This section applies to a person who remains in a Customs controlled area licensed for any of the purposes described in section 10(c) to (e)
2: A Customs officer may detain a person to whom this section applies for a reasonable period, for the purpose of questioning the person about 1 or more of the following matters:
a: the person's identity:
b: the person's residential address:
c: the person's reason or purpose for entering, or remaining in, the Customs controlled area.
3: A Customs officer may remove a person to whom this section applies from the Customs controlled area.
4: A Customs officer may use reasonable force, if necessary, when exercising any of the powers conferred by subsections (2) and (3) Section 149AA inserted 6 April 2012 section 18 Customs and Excise Amendment Act 2012
149A: Preliminary search of persons by use of aids
1: A Customs officer or constable
2: A preliminary search
a: involves little or no physical contact between the person conducting the search and the person being searched; and
b: is conducted by using an aid or aids such as a Customs dog or x-ray or imaging equipment, or some other mechanical, electrical, or electronic device
3: If, after a preliminary search under subsection (1), a Customs officer or constable section 149B(1)(a), (b), or (c) sections 149B to 149C Section 149A inserted 9 October 2002 section 11 Customs and Excise Amendment Act (No 2) 2002 Section 149A(1) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Section 149A(2)(b) amended 6 April 2012 section 19 Customs and Excise Amendment Act 2012 Section 149A(2)(b) amended 2 July 2004 section 34(2) Customs and Excise Amendment Act 2004 Section 149A(3) amended 1 October 2012 section 223(1) Search and Surveillance Act 2012 Section 149A(3) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009
149B: Searching of persons if reasonable cause to suspect items hidden
1: A Customs officer or a constable or constable has
a: any dutiable, uncustomed, prohibited, or forfeited goods; or
b: evidence relating to any such goods; or
c: any thing that is or might be evidence of the contravention or possible contravention of this Act.
2: A Customs officer or a constable or constable has
a: either—
i: has, within the preceding 24 hours, arrived in New Zealand at a place other than a Customs place; or
ii: is about to depart from New Zealand from any place other than a Customs place; and
b: has hidden on or about his or her person any thing described in subsection (1)(a), (b), or (c).
3: A Customs officer or constable or constable has
a: is not a person described in subsection (2) or section 149
b: is in a Customs place; and
c: has hidden on or about his or her person any thing described in subsection (1)(a), (b), or (c).
4:
5:
6:
7: A search of a person may be conducted under this section whether or not that person has earlier been the subject of a preliminary search under section 149A
8: The provisions of Part 4 subpart 3
9: Despite subsection (8), sections 125(4) 131(5)(f) 133 subparts 6 8 section 225 Section 149B inserted 9 October 2002 section 11 Customs and Excise Amendment Act (No 2) 2002 Section 149B(1) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Section 149B(2) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Section 149B(3) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Section 149B(4) repealed 1 October 2012 section 223(2) Search and Surveillance Act 2012 Section 149B(5) repealed 1 October 2012 section 223(2) Search and Surveillance Act 2012 Section 149B(6) repealed 1 October 2012 section 223(2) Search and Surveillance Act 2012 Section 149B(8) inserted 1 October 2012 section 223(3) Search and Surveillance Act 2012 Section 149B(9) inserted 1 October 2012 section 223(3) Search and Surveillance Act 2012
149BA: Searching of persons for dangerous items
1: A Customs officer or constable constable suspect
a: the person has a dangerous item hidden or in clear view on or about his or her person; and
b: the item poses a threat to the safety of the officer or constable
c: there is a need to act immediately in order to address that threat; and
d: a search under section 149A section 149B(1) constable
2:
3:
4: To avoid doubt, a search may be conducted under this section whether or not the person has earlier been the subject of a search under section 149A section 149B(1)
5: The provisions of Part 4 subpart 3
6: Despite subsection (5), sections 125(4) 131(5)(f) 133 subparts 6 8 section 225 Section 149BA inserted 2 July 2004 section 32 Customs and Excise Amendment Act 2004 Section 149BA(1) amended 1 October 2012 section 223(4) Search and Surveillance Act 2012 Section 149BA(1) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Section 149BA(1)(b) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Section 149BA(1)(d) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Section 149BA(2) repealed 6 March 2007 section 30(1) Customs and Excise Amendment Act 2007 Section 149BA(3) repealed 1 October 2012 section 223(5) Search and Surveillance Act 2012 Section 149BA(5) replaced 1 October 2012 section 223(6) Search and Surveillance Act 2012 Section 149BA(6) inserted 1 October 2012 section 223(6) Search and Surveillance Act 2012
149C: Seizure of items found
1: A Customs officer or constable section 149B(1), (2), or (3) constable
a: a thing described in section 149B(1)(a), (b), or (c)
b: a dangerous item.
1A: A Customs officer or constable section 149BA constable
a: a dangerous item; or
b: a thing described in section 149B(1)(a), (b), or (c)
2: The provisions of subparts 1 5 6 7 9 10 Part 4
3: Despite subsection (2), sections 125(4) 131(5)(f) 133 subpart 6 section 225 Section 149C inserted 9 October 2002 section 11 Customs and Excise Amendment Act (No 2) 2002 Section 149C(1) substituted 2 July 2004 section 33 Customs and Excise Amendment Act 2004 Section 149C(1) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Section 149C(1A) inserted 2 July 2004 section 33 Customs and Excise Amendment Act 2004 Section 149C(1A) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Section 149C(2) replaced 1 October 2012 section 223(7) Search and Surveillance Act 2012 Section 149C(3) inserted 1 October 2012 section 223(7) Search and Surveillance Act 2012
149D: Rights of persons detained under section 149B
Section 149D repealed 1 October 2012 section 223(8) Search and Surveillance Act 2012
150: Access of Customs officers to Customs controlled area
Subject to section 173 1966 No 19 s 94 1986 No 44 s 11
151: Examination of goods subject to control of Customs
1: A Customs officer may examine, weigh, analyse, or test, or cause to be examined, weighed, analysed, or tested goods subject to the control of the Customs or goods that the officer has reasonable cause to suspect are subject to the control of the Customs, and may, for that purpose, open or cause to be opened any packages in which the goods are contained or suspected to be contained.
2: All reasonable expenses incurred by the Customs under subsection (1), are a debt due to the Crown by the importer or exporter or the owner of the goods, as the case may be, and are recoverable in the same manner as duty under this Act.
3: The powers conferred by subsection (1) extend to the examination, weighing, analysing, or testing of a suitcase, pallet, bulk cargo container, or other package.
4: The examination—
a: may include the physical or chemical testing of, or the drilling into, or the dismantling of, the goods; and
b: may be facilitated by any means whatever (for example, by a Customs dog
5: Samples of goods subject to the control of the Customs or suspected to be subject to the control of the Customs may be taken and used by the Customs for the purposes of this section, and disposed of in the prescribed manner.
6: Any sample taken in accordance with subsection (5) must be as small as possible for the purpose for which it is taken.
7: A Customs officer must, subject to section 173
a: subject to the control of the Customs; and
b: in a Customs-approved secure package or in a package in relation to which a Customs seal has been used
8: Despite subsection (7), a Customs officer must not enter a private dwelling except with the consent of an occupier or owner of that dwelling or pursuant to a warrant issued under this Act. 1966 No 19 ss 203, 221, 222 Section 151(4) substituted 2 July 2004 section 34(1) Customs and Excise Amendment Act 2004 Section 151(4)(b) amended 6 April 2012 section 20 Customs and Excise Amendment Act 2012 Section 151(6) added 27 September 2001 section 9 Customs and Excise Amendment Act 2001 Section 151(7) added 2 July 2004 section 34(4) Customs and Excise Amendment Act 2004 Section 151(7)(b) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 151(8) added 2 July 2004 section 34(4) Customs and Excise Amendment Act 2004
152: Examination of goods no longer subject to control of Customs
1: This section applies to goods that have ceased to be subject to the control of the Customs but that the chief executive has reasonable grounds to suspect are—
a: goods in respect of which an offence against this Act has been committed; or
b: goods that are forfeited to the Crown under section 225
2: The chief executive may require a person who has, or who the chief executive believes has, possession or control of the goods to produce them for inspection by a Customs officer.
3: A Customs officer may exercise in respect of the goods all the powers given by section 151
3A: The provisions of Part 4 subpart 3
3B: Despite subsection (3A), sections 125(4) 131(5)(f) 133 subparts 6 8 section 225
4: A Customs officer may take and retain possession of goods produced under subsection (2) for the purposes of exercising the powers given by subsection (3), and may retain possession of the goods until the completion of the investigation into the grounds for suspecting that the goods—
a: are goods in respect of which an offence against this Act has been committed; or
b: are goods that are forfeited to the Crown under section 225 1966 No 19 s 204(1), (2) Section 152 substituted 9 October 2002 section 12 Customs and Excise Amendment Act (No 2) 2002 Section 152(3A) inserted 1 October 2012 section 224 Search and Surveillance Act 2012 Section 152(3B) inserted 1 October 2012 section 224 Search and Surveillance Act 2012
153: Accounting for goods
The chief executive may, from time to time by notice in writing, require the licensee of a Customs controlled area to—
a: account forthwith for goods that the chief executive believes have been entered into that Customs controlled area; and
b: produce any documents relating to the movement of goods into or out of that Customs controlled area.
154: Production of goods
A Customs officer may require the licensee of a Customs controlled area to produce to that officer goods that are shown in any record as being within that area.
155: Verification of entries
1: The chief executive may require from a person making entry of goods proof by declaration or the production of documents (in addition to any declaration or documents otherwise required by this Act or by regulations made under this Act) of the correctness of the entry, and may refuse to deliver the goods or to pass the entry before such proof is provided.
2: This section extends and applies to entries made pursuant to section 70
3: Where the chief executive is not satisfied with the correctness of any entry in relation to any goods, or with any other aspect of the importation or exportation of those goods, as the case may be, he or she may detain the goods for a period that is reasonably necessary to enable the goods to be examined and, if necessary, to cause an investigation to be made, whether in New Zealand or elsewhere, into the importation or exportation, as the case may be, of those goods. 1966 No 19 s 20(1), (2) 1985 No 145 s 4
155A: Cancellation and amendment of entries
1: The chief executive may cancel or amend any entry required under this Act for the purpose of preventing duplication of entries or for the purpose of correcting any entry or any part of an entry.
2: No cancellation or amendment of an entry by the chief executive in accordance with subsection (1) affects any penalty, liability to seizure, or criminal liability already accrued or incurred in respect of that entry by the person making it.
3: The chief executive may make a refund of duty in accordance with any cancellation or amendment of an entry.
4: A person who is dissatisfied with a decision of the chief executive under subsection (3) may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision.
5: Subsection (3) is subject to section 111 Section 155A inserted 6 March 2007 section 13 Customs and Excise Amendment Act 2007
156: Securities for payment of duty
1: The chief executive may require and take securities of such kinds as may be prescribed for payment of duty.
2: The chief executive may, pending the giving of the required security, refuse to pass an entry or to do any other act in relation to any matter in respect of which the security is required.
3: A security may be required in relation to a particular transaction, or in relation to transactions generally or to a class of transactions, and for such period and amount, and on such conditions as to penalty or otherwise, as the chief executive may direct.
4: The security shall be in such form as the chief executive approves.
4A: If the chief executive is satisfied that the obligations for which any security given in accordance with this section have been fulfilled, the person who gave the security must be released from the conditions of the security as soon as possible.
4B: Subsection (4A) is subject to section 92 section 116
5: A person who is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision. 1966 No 19 s 229(1)–(3), (5) 1986 No 44 s 23 Section 156(4A) inserted 27 September 2001 section 10 Customs and Excise Amendment Act 2001 Section 156(4B) inserted 27 September 2001 section 10 Customs and Excise Amendment Act 2001
157: New securities may be required
1: If at any time the chief executive is dissatisfied with the sufficiency of any security, he or she may require a new security in place of or in addition to the existing security.
2: If the new security is not given, the chief executive may refuse to pass an entry or to do any other act in relation to any matter in respect of which the new security is required.
3: A person who is dissatisfied with a decision of the chief executive under this section may, within 20 working days after the date on which notice of the decision is given, appeal to a Customs Appeal Authority against that decision. 1966 No 19 s 230 1986 No 44 s 24
158: Written authority of agents
A Customs officer may require a person acting or holding himself or herself out as the agent of another person in any matter relating to this Act to produce a written authority from his or her principal, and if such an authority is not produced the officer may refuse to recognise the agency. 1966 No 19 s 233
159: Audit or examination of records
1: A Customs officer may at all reasonable times enter any premises or place where records are kept pursuant to section 95
2: For the purposes of subsection (1), a Customs officer shall, subject to section 173
a: necessary or relevant for the purpose of collecting any duty under this Act or for the purpose of carrying out any other function lawfully conferred on the officer; or
b: likely to provide any information otherwise required for the purposes of this Act or any of those functions.
3: The Customs officer may, without fee or reward, make extracts from or copies of any such books or documents.
4: Notwithstanding subsection (2) and subsection (3), a Customs officer shall not enter any private dwelling except with the consent of an occupier or owner thereof or pursuant to a warrant issued under this Act. 1966 No 19 s 215B 1990 No 89 s 8
160: Requisition to produce documents
1: Where—
a: a Customs officer has reasonable cause to suspect that goods have been unlawfully imported, exported, manufactured, undervalued, entered, removed, or otherwise unlawfully dealt with by any person contrary to this Act or that any person intends to so import, export, manufacture, undervalue, enter, remove, or otherwise deal with any goods; or
b: goods have been seized under this Act,— the chief executive may, by notice in writing, require that person or any person whom the officer suspects to be or to have been the owner or importer or exporter or manufacturer of those goods, or agent thereof, as the case may be, as and when required, to produce and deliver to that officer or any other specified Customs officer all books of account, invoice-books, or other books, records, or documents in which any entry or memorandum appears or may be supposed to appear in respect of the purchase, importation, exportation, manufacture, cost, or value of, or payment for, the goods and any other goods so imported or exported or manufactured or otherwise dealt with within a period of 7 years preceding the date of the notice.
2: In addition to the requirements of subsection (1), the chief executive may require the owner or importer or exporter or manufacturer of those goods, or agent thereof, as the case may be, as and when required, to—
a: produce for the inspection of the officer or any specified Customs officer, and allow the officer to make copies of or extracts from, any of the documents, books, or records referred to in that subsection; and
b: answer any question concerning those documents, books, or records. 1966 No 19 s 218(1)
161: Further powers in relation to documents
1: The chief executive may, by notice in writing, require a person, as and when specified in the notice,—
a: to produce for inspection by a specified Customs officer documents or records that the chief executive considers necessary or relevant to—
i: an investigation under this Act; or
ii: an audit under this Act; or
iii: the recovery of a debt due and payable to the Crown under this Act:
b: to allow the specified Customs officer to take extracts from, or make copies of, documents or records of the kind referred to in paragraph (a):
c: to appear before a specified Customs officer and answer all questions put to the person concerning—
i: goods, or transactions relating to those goods, that are the subject of the investigation or audit, or that are relevant to the recovery of the debt, referred to in paragraph (a); or
ii: documents or records of the kind referred to in paragraph (a).
2: In this section, person , despite section 75 1966 No 19 s 218(2) Section 161 substituted 9 October 2002 section 13 Customs and Excise Amendment Act (No 2) 2002 Section 161(2) amended 1 August 2007 section 216 Evidence Act 2006
162: Privilege in respect of confidential communications between legal practitioners and between legal practitioners and their clients
1: Subject to subsection (2), any information or document is, for the purposes of sections 160 161
a: it is a confidential communication, whether oral or written, passing between—
i: a legal practitioner in his or her professional capacity and another legal practitioner in that capacity; or
ii: a legal practitioner in his or her professional capacity and his or her client,— whether made directly or indirectly through an agent of either; and
b: it is made or brought into existence for the purpose of obtaining or giving legal advice or assistance; and
c: it is not made or brought into existence for the purpose of committing or furthering the commission of an illegal or wrongful act.
2: Where the information or document consists wholly of payments, income, expenditure, or financial transactions of a specified person (whether a legal practitioner, his or her client, or any other person), it shall not be privileged from disclosure if it is contained in, or comprises the whole or part of, any book, account, statement, or other record prepared or kept by the legal practitioner in connection with a trust account of the legal practitioner within the meaning of section 6
3: Except as provided in subsection (1), no information or document shall, for the purposes of sections 160 161
4: Where a person refuses to disclose any information or document on the ground that it is privileged under this section, a Customs officer or that person may apply to a District Court Judge for an order determining whether or not the claim of privilege is valid; and, for the purposes of determining any such application, the District Court Judge may request the information or document to be produced to him or her.
5: For the purposes of this section, the term legal practitioner Lawyers and Conveyancers Act 2006 1966 No 19 s 218A 1985 No 145 s 15 Section 162(2) amended 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 162(5) substituted 1 August 2008 section 348 Lawyers and Conveyancers Act 2006
163: Documents in foreign language
Where a document in a foreign language is presented to a Customs officer in relation to the carrying out of any duty or the exercise of any power of the Customs under this Act or any other Act, the officer may require the person who presented the document to supply to the officer an English translation of the document prepared by such person as the officer may approve and at the expense of the person who presented it. 1966 No 19 s 219
164: Chief executive may take possession of and retain documents and records
1: The chief executive may take possession of and retain any document or record presented in connection with any entry or required to be produced under this Act.
2: Where the chief executive takes possession of a document or record under subsection (1), the chief executive shall, at the request of the person otherwise entitled to the document or record, provide that person with a copy of the document certified by or on behalf of the chief executive under the seal of the Customs as a true copy.
3: Every copy so certified is admissible as evidence in all courts as if it were the original. 1966 No 19 s 220(1)
165: Copying of documents obtained during
inspection
1: Where a Customs officer
2: Subject to section 166
3: A copy of any such document certified by or on behalf of the chief executive under the seal of the Customs is admissible in evidence in all courts as if it were the original. 1966 No 19 s 220(2) 1983 No 41 s 17 Section 165 heading amended 1 October 2012 section 225(1) Search and Surveillance Act 2012 Section 165(1) amended 1 October 2012 section 225(2) Search and Surveillance Act 2012 Section 165(1) amended 8 December 2009 section 5(2) Customs and Excise Amendment Act 2009
166: Retention of documents and goods obtained during
inspection
1: Where a Customs officer
2: Where a Customs officer
3: Every copy so certified is admissible in evidence in all courts as if it were the original.
4: Where a Customs officer
a: in any proceedings for an offence relating to the documents or goods, the court may order, either at the hearing or on a subsequent application, that the documents or goods be delivered to the person appearing to the court to be entitled to them, or that they be otherwise disposed of in such manner and under such conditions as the court thinks fit:
b: a Customs officer
c: if proceedings for an offence relating to the goods or documents are not brought within a period of 3 months after the date on which possession of the document or goods was taken, any person claiming to be entitled to the goods or documents may, after the expiration of that period, apply to a District Court Judge for an order that they be delivered to that person; and on any such application the District Court Judge may adjourn the application, on such terms as he or she thinks fit, for proceedings to be brought, or may make any order that a court may make under paragraph (a).
5: Where a person is convicted in proceedings for an offence relating to documents or goods to which this section applies, and an order is made under this section, the operation of the order shall be suspended,—
a: in any case until the expiration of the time prescribed by Part 6
b: where notice of appeal is filed within the time so prescribed, until the determination of the appeal; and
c: where application for leave to appeal is filed within the time so prescribed, until the application is determined and, where leave to appeal is granted, until the determination of the appeal.
6: Where the operation of any such order is suspended until the determination of the appeal, the court determining the appeal may by order annul or vary the order made under this section; and that order, if annulled shall not take effect, and, if varied, shall take effect as so varied.
7: In this section the term court 1966 No 19 s 220 1983 No 41 s 17 Section 166 heading amended 1 October 2012 section 225(3) Search and Surveillance Act 2012 Section 166(1) amended 1 October 2012 section 225(4) Search and Surveillance Act 2012 Section 166(1) amended 8 December 2009 section 5(2) Customs and Excise Amendment Act 2009 Section 166(2) amended 8 December 2009 section 5(2) Customs and Excise Amendment Act 2009 Section 166(4) amended 8 December 2009 section 5(2) Customs and Excise Amendment Act 2009 Section 166(4)(b) amended 8 December 2009 section 5(2) Customs and Excise Amendment Act 2009 Section 166(5)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011
166A: Detention of goods suspected to be instrument of crime or tainted property
A Customs officer
a: the goods are in New Zealand and he or she is satisfied that they either—
i: are being, or are intended to be, exported from New Zealand; or
ii: are being, or have been, imported into New Zealand; and
b: the goods came to his or her attention, or into his or her possession, during a search, inspection, audit, or examination under—
i: this Act; or
ii: subpart 6 sections 114 115
c: he or she has good cause to suspect that the goods are an instrument of crime or tainted property (as those terms are defined in section 5(1) Section 166A inserted 2 July 2004 section 35 Customs and Excise Amendment Act 2004 Section 166A heading substituted 1 December 2009 section 180(1) Criminal Proceeds (Recovery) Act 2009 Section 166A amended 8 December 2009 section 5(2) Customs and Excise Amendment Act 2009 Section 166A(b)(ii) substituted 17 October 2009 section 161(2) Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 166A(c) substituted 1 December 2009 section 180(2) Criminal Proceeds (Recovery) Act 2009
166B: Return of cash necessary to satisfy essential human needs
1: The power to detain goods under section 166A
a: of (or of a dependant of) an individual from whom the cash has been seized; and
b: arising on, or within 7 days after, the date on which detention would otherwise be effected.
2: Nothing in subsection (1) requires the Customs to return any cash that the Customs is satisfied is not necessary for the purpose specified in that subsection.
3: If the 7-day period referred to in section 166D(1)(a) section 166E Section 166B inserted 2 July 2004 section 35 Customs and Excise Amendment Act 2004
166C: Further provisions about detention under section 166A
1: Reasonable force may be used if it is necessary for any of the following purposes:
a: to seize goods under section 166A
b: to detain goods under section 166A
2: If the person from whom goods have been seized and detained under section 166A
3: Goods detained under section 166A section 166F
4: Nothing in section 166A
a: the rest of this Act (for example, Part 14
b: Financial Transactions Reporting Act 1996
ba: Anti-Money Laundering and Countering Financing of Terrorism Act 2009
c: Mutual Assistance in Criminal Matters Act 1992
d: Criminal Proceeds (Recovery) Act 2009
e: Terrorism Suppression Act 2002 Section 166C inserted 2 July 2004 section 35 Customs and Excise Amendment Act 2004 Section 166C(3) amended 8 December 2009 section 5(2) Customs and Excise Amendment Act 2009 Section 166C(4)(ba) inserted 17 October 2009 section 161(2) Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Section 166C(4)(d) substituted 1 December 2009 section 181 Criminal Proceeds (Recovery) Act 2009
166D: Return of goods detained under section 166A
1: In this section, investigation period section 166A
a: means the period of 7 days after the date on which the goods were seized and detained; and
b: includes any extension of that period granted by the High Court under section 166E
2: Goods seized and detained under section 166A
a: the completion of all relevant investigations, if they show that the goods are not tainted property:
b: the expiry of the investigation period.
3: However, the Customs need not return the goods as provided in subsection (2), and may continue to detain them until the relevant proceedings or requests (including any resulting applications) are determined if, on or before the expiry of the investigation period,—
a: a charging document is filed section 5(1)
b: a foreign country makes a request to the Attorney-General under any of the following sections of the Mutual Assistance in Criminal Matters Act 1992
i: section 54
ii: section 60 Section 166D inserted 2 July 2004 section 35 Customs and Excise Amendment Act 2004 Section 166D(3)(a) substituted 1 December 2009 section 182 Criminal Proceeds (Recovery) Act 2009 Section 166D(3)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 166D(3)(b) substituted 1 December 2009 section 14 Mutual Assistance in Criminal Matters Amendment Act 2009
166E: Extension of 7-day period in section 166D(1)(a)
1: The 7-day period in section 166D(1)(a)
a: that the good cause to suspect required by section 166A(c)
b: that the extension to be granted is necessary to enable investigations in or outside New Zealand in relation to the goods to be completed.
2: The application must be made in writing and served on the person from whom the goods were seized (if that person can be identified and located), and must include the following particulars:
a: a description of the goods detained:
b: the date on which the detention commenced:
c: a statement of the facts supporting the good cause to suspect required by section 166A(c)
d: a statement of reasons why the extension sought is necessary to enable investigations in or outside New Zealand in relation to the goods to be completed.
3: The person from whom the goods were seized is entitled to appear and be heard on the application.
4: The Customs must make all reasonable efforts to notify the person from whom the goods were seized, at least 24 hours before the hearing of the application, of the time and place of that hearing. Section 166E inserted 2 July 2004 section 35 Customs and Excise Amendment Act 2004
166F: Custody of certain goods detained under section 166A
1: If goods detained under section 166A
a: the person from whom the goods have been seized; or
b: any other person authorised by the Customs officer and who consents to having such custody.
2: Every person who has the custody of goods under subsection (1) must, until a final decision is made under section 166D
3: A person to whom subsection (2) applies must also—
a: make the goods available to a Customs officer on request; and
b: not alter, or dispose of, the goods, or remove them from New Zealand, unless he or she is authorised to do so by a Customs officer; and
c: return the goods on demand to the custody of the Customs. Section 166F inserted 2 July 2004 section 35 Customs and Excise Amendment Act 2004
167: Search warrants
1: An issuing officer (within the meaning of section 3 subpart 3
a: any thing that there are reasonable grounds to believe may be evidence of—
i: the commission of an offence against this Act or regulations made under this Act; or
ii: the unlawful exportation or importation of goods; or
b: any thing that there are reasonable grounds to believe is intended to be used for the purpose of—
i: committing an offence against this Act or regulations made under this Act; or
ii: unlawfully exporting or importing goods; or
c: any thing that is liable to seizure under this Act.
2: The provisions of Part 4
3: Despite subsection (2), sections 125(4) 131(5)(f) 133 subparts 6 8 section 225
4: Section 167(1) substituted 8 January 2003 section 14 Customs and Excise Amendment Act (No 2) 2002 Section 167(1) amended 1 October 2012 section 225(5) Search and Surveillance Act 2012 Section 167(2) replaced 1 October 2012 section 225(6) Search and Surveillance Act 2012 Section 167(3) replaced 1 October 2012 section 225(6) Search and Surveillance Act 2012 Section 167(4) repealed 1 October 2012 section 225(6) Search and Surveillance Act 2012
168: Entry and search under warrant
Section 168 repealed 1 October 2012 section 226(1) Search and Surveillance Act 2012
168A: Searching of persons for dangerous items when executing search warrant
Section 168A repealed 1 October 2012 section 226(1) Search and Surveillance Act 2012
168B: Detention of dangerous items
Section 168B repealed 1 October 2012 section 226(1) Search and Surveillance Act 2012
169: Search warrant to be produced
Section 169 repealed 1 October 2012 section 226(1) Search and Surveillance Act 2012
170: Duty to inform owner where thing seized
Section 170 repealed 1 October 2012 section 226(1) Search and Surveillance Act 2012
171: Emergency warrants
Section 171 repealed 1 October 2012 section 226(1) Search and Surveillance Act 2012
172: Use of aids by Customs officer
1: In exercising any power of boarding, entry, or search conferred by this Act (other than a power of search to which Part 4 constable Customs dog x-ray or imaging equipment, or some other
2: Nothing in this section applies to a search carried out on residential premises except pursuant to a warrant issued under section 167 1966 No 19 s 217A 1974 No 142 s 4 Section 172(1) amended 1 October 2012 section 226(2) Search and Surveillance Act 2012 Section 172(1) amended 6 April 2012 section 21 Customs and Excise Amendment Act 2012 Section 172(1) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Section 172(1) amended 2 July 2004 section 34(3) Customs and Excise Amendment Act 2004 Section 172(2) amended 1 October 2012 section 226(3) Search and Surveillance Act 2012
173: Conditions applying to entry of buildings
Section 173 repealed 1 October 2012 section 226(1) Search and Surveillance Act 2012
174: Arrest of
suspected
1: A Customs officer who has reasonable cause to suspect that a person has committed, is committing, or is attempting to commit, or is otherwise concerned in the commission of, an offence against this Act punishable by imprisonment, or an offence against section 209
1A: A Customs officer who has reasonable cause to suspect that a person has carried some other person into New Zealand on a craft, and that the carriage of the other person into New Zealand on the craft constituted an offence against section 98C(1)
2: A constable who has reasonable cause to suspect that a person has committed, is committing, or is attempting to commit, or is otherwise concerned in the commission of, an offence against section 176 188A 209 211
3: Where a Customs officer arrests a person under a power conferred by this section, the officer shall, unless the person is sooner released, as soon as practicable call a constable constable
4: If the person so delivered into custody is issued with a summons pursuant to sections 28 30 section 31 1966 No 19 s 267 Section 174 heading amended 8 December 2009 section 19(1) Customs and Excise Amendment Act 2009 Section 174(1) substituted 8 December 2009 section 19(2) Customs and Excise Amendment Act 2009 Section 174(1A) inserted 8 December 2009 section 19(2) Customs and Excise Amendment Act 2009 Section 174(2) substituted 8 December 2009 section 19(2) Customs and Excise Amendment Act 2009 Section 174(3) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Section 174(4) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
175: Protection of persons acting under authority of Act
Neither the Crown nor a Customs officer, constable constable 1966 No 19 s 228A 1971 No 42 s 10 Section 175 amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009
175A: Seizure and detention of dangerous civil aviation goods
1: A Customs officer may seize and detain goods that are presented or located in the course of exercising any power of inspection, search, or examination under this Act, if he or she has cause to suspect on reasonable grounds that the goods—
a: are dangerous civil aviation goods that may not be lawfully carried on an aircraft; and
b: are proposed to be carried by an operator.
2: If a Customs officer detains goods under subsection (1), he or she must, as soon as practicable, deliver those goods into the custody of the Aviation Security Service or the operator.
3: Once goods have been delivered under subsection (2), responsibility for them passes from the Customs to the Aviation Security Service or to the operator.
4: In this section,— Aviation Security Service section 2 dangerous civil aviation goods section 2 operator section 2 Section 175A substituted 6 March 2007 section 16 Customs and Excise Amendment Act 2007
175B: Unlawful travel document
1: In this section— false
a: is false; or
b: relates in fact to some other person forged
a: has not been issued by the government by which it purports to have been issued; or
b: has been altered without authority misused travel document
a: a New Zealand travel document within the meaning of the Passports Act 1992
b: a passport (within the meaning of that Act) that has been issued by the government of a country other than New Zealand; or
c: a certificate of identity (within the meaning of that Act) that has been issued by the government of a country other than New Zealand; or
d: a refugee travel document that has been issued by the government of a country other than New Zealand unlawful travel document
a: a travel document that is false, forged, or misused; and
b: includes any item involved in the production of a document referred to in paragraph (a) or in the unauthorised alteration of a travel document.
2: A Customs officer may retain or seize any document presented for inspection if the Customs officer has reasonable cause to suspect that the document is an unlawful travel document.
3: A Customs officer may seize any goods found in the course of a search or examination under this Act if the Customs officer has reasonable cause to suspect that the goods are unlawful travel documents.
4: Sections 22 139 140 144 145 148 149B
5: Any documents or goods retained or seized under this section must be dealt with in accordance with section 175C
6: Section 175C(2) to (5) Section 175B inserted 6 March 2007 section 16 Customs and Excise Amendment Act 2007
175C: Seizure and detention of goods
or documents
1: A Customs officer may seize and detain goods or documents that are presented or located in the course of exercising any power of inspection, search, or examination under this Act, if he or she has cause to suspect on reasonable grounds that the goods or documents
a: are risk goods (within the meaning of the Biosecurity Act 1993
b: are evidence of the commission of 1 or more offences under 1 or more of the following enactments:
i: section 130
ii: section 98C
iii: section 232 233
iv: section 342(1)(c) 345(1)
v: section 37 43
vi: section 29A 30 31
2: A Customs officer who detains goods or documents or documents
3: Once goods or documents or documents
4: The appropriate person referred to in subsection (2) is—
a: if the Customs officer believes that subsection (1)(b)(ii), (iv), or (vi) applies to the goods or documents constable
b: if the Customs officer believes that another provision of subsection (1) applies to the goods or documents
5: Part 4 subparts 2 3 Section 175C inserted 6 March 2007 section 16 Customs and Excise Amendment Act 2007 Section 175C heading amended 1 October 2012 section 227(1) Search and Surveillance Act 2012 Section 175C(1) amended 1 October 2012 section 227(2) Search and Surveillance Act 2012 Section 175C(1)(b)(iv) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 175C(2) amended 1 October 2012 section 227(3) Search and Surveillance Act 2012 Section 175C(3) amended 1 October 2012 section 227(3) Search and Surveillance Act 2012 Section 175C(4)(a) amended 1 October 2012 section 227(3) Search and Surveillance Act 2012 Section 175C(4)(a) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Section 175C(4)(b) amended 1 October 2012 section 227(3) Search and Surveillance Act 2012 Section 175C(5) replaced 1 October 2012 section 227(4) Search and Surveillance Act 2012
175D: Seizure and detention of certain drugs and objectionable publications
1: A Customs officer may seize and detain goods or documents that are presented or located in the course of exercising any power of inspection, search, or examination under this Act, if he or she has cause to suspect on reasonable grounds that the goods or documents are evidence of the commission of 1 or more offences under 1 or more of the following enactments:
a: section 6 7 12A 13 22
b: section 123 124 131 131A
2: A Customs officer who detains goods or documents under subsection (1) may, if the appropriate person specified in subsection (3) agrees, do any of the following:
a: deliver the goods or documents into the custody of that person:
b: retain the goods or documents pending further investigation:
c: treat the goods or documents as forfeited within the meaning of this Act.
3: The appropriate person referred to in subsection (2) is,—
a: if the Customs officer believes that subsection (1)(a) applies, a constable; or
b: if the Customs officer believes that subsection (1)(b) applies, an Inspector of Publications within the meaning of the Films, Videos, and Publications Classification Act 1993
4: Once goods or documents have been delivered to a person under subsection (2)(a), responsibility for those goods or documents passes to that person.
5: The provisions of subparts 1 5 6 7 9 10
6: Despite subsection (5), sections 125(4) 131(5)(f) 133 subpart 6 Part 4 Section 175D inserted 1 October 2012 section 228 Search and Surveillance Act 2012
13: Offences and penalties
Offences in relation to Customs
176: Threatening or resisting Customs officer
1: Every person commits an offence who—
a: threatens or assaults; or
b: by force resists or intentionally obstructs or intimidates,— any Customs officer in the execution of his or her duties or a person acting in the officer's aid.
2: Every person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding $15,000. 1966 No 19 s 238
177: Obstructing Customs officer or interfering with Customs property
1: Every person commits an offence who,—
a: otherwise than by force, intentionally obstructs any Customs officer
b: intentionally interferes with a Customs dog, or any equipment, vehicle, craft, communications system, or other aid used, or intended for use, by the Customs; or
c: does any act with the intention of impairing the effectiveness of a Customs dog, or any equipment, vehicle, craft, communications system, or other aid used, or intended for use, by the Customs.
2: Every person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000. 1966 No 19 s 239 1982 No 112 s 17 Section 177(1)(a) amended 8 December 2009 section 5(2) Customs and Excise Amendment Act 2009 Section 177(1)(b) replaced 6 April 2012 section 22 Customs and Excise Amendment Act 2012 Section 177(1)(c) replaced 6 April 2012 section 22 Customs and Excise Amendment Act 2012
177AA: Killing or injuring Customs dog
1: Every person who intentionally kills, maims, wounds, or otherwise injures a Customs dog without lawful authority or reasonable excuse commits an offence.
2: Every person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 24 months, to a fine not exceeding $15,000, or to both. Section 177AA inserted 6 April 2012 section 23 Customs and Excise Amendment Act 2012
177A: False allegation or report to Customs officer
1: Every person commits an offence who,—
a: contrary to the fact and without a belief in the truth of the statement, makes or causes to be made to a Customs officer a written or verbal statement alleging that an offence has been committed; or
b: with the intention of causing wasteful deployment, or of diverting deployment, of the Customs personnel or resources, or being reckless as to that result,—
i: makes a statement to any person that gives rise to serious apprehension for the person's own safety or the safety of any person or property, knowing that the statement is false; or
ii: behaves in a manner that is likely to give rise to such apprehension, knowing that such apprehension would be groundless.
2: Every person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000. 1981 No 113 s 24 Section 177A inserted 8 December 2009 section 20 Customs and Excise Amendment Act 2009
178: Personation of Customs officer
1: Every person commits an offence, who,—
a: not being a Customs officer
b: without authority represents any craft, vehicle, or other conveyance as being in the service of the Customs.
2: Every person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding $15,000. 1966 No 19 s 241 1982 No 112 s 17 Section 178(1)(a) amended 8 December 2009 section 5(2) Customs and Excise Amendment Act 2009
179: Counterfeit
seals, stamps, markings, substances, or devices
1: Every person commits an offence who, without lawful authority or excuse, has in his or her possession, or makes, or uses any counterfeit seal, stamp, marking, substance, or device stamp, marking, substance, or device
2: Every person who commits an offence against this section 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 $12,000. 1966 No 19 s 251 1982 No 112 s 17 Section 179 heading amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 179(1) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009
180: Obligations of persons arriving in or departing from New Zealand
1: Every person commits an offence who wilfully fails to comply with any requirement imposed on that person by or under any of sections 27 to 32C section 32A
2: Every person who commits an offence against this section is liable on conviction to a fine not exceeding $1,000. 1966 No 19 s 212(2) 1982 No 112 s 17 Section 180(1) amended 6 March 2007 section 31 Customs and Excise Amendment Act 2007
181: Unauthorised presence in certain Customs controlled areas
1: Every person commits an offence who, without the permission of a Customs officer, enters into, or remains in when directed by a Customs officer to leave, a Customs controlled area licensed for—
a: the temporary holding of imported goods for the purposes of the examination of those goods under section 151
b: the disembarkation, embarkation, or processing of persons arriving in or departing from New Zealand; or
c: the processing of craft arriving in or departing from New Zealand or the loading or unloading of goods onto or from such craft,— when that area is being, or is about to be, used for any of the purposes for which it is licensed.
2: Every person who commits an offence against this section is liable on conviction to a fine not exceeding $1,000. 1966 No 19 s 248A 1973 No 110 s 7
182: Unauthorised access to or improper use of
JBMS
1: Every person commits an offence who,—
a: knowingly and without lawful authority by any means gains access to or attempts to gain access to the JBMS
b: having lawful access to the JBMS the JBMS
c: knowing that he or she is not authorised to do so, receives information obtained from the JBMS
2: Every person who commits an offence against this section is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 2 years or to a fine not exceeding $15,000:
b: in the case of a body corporate, to a fine not exceeding $50,000. Section 182 heading amended 24 June 2014 section 17(1) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 182(1)(a) amended 24 June 2014 section 17(2) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 182(1)(b) amended 24 June 2014 section 17(2) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 182(1)(b) amended 24 June 2014 section 17(3) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 182(1)(c) amended 24 June 2014 section 17(2) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 182(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
183: Interference with JBMS
1: Every person commits an offence who—
a: by any means knowingly falsifies any record or information stored in the JBMS
b: knowingly damages or impairs the JBMS
c: knowingly damages or impairs any computer system the JBMS
2: Every person who commits an offence against this section is liable on conviction Section 183 heading amended 24 June 2014 section 18(1) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 183(1)(a) amended 24 June 2014 section 18(2) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 183(1)(b) amended 24 June 2014 section 18(2) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 183(1)(c) amended 24 June 2014 section 18(3)(a) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 183(1)(c) amended 24 June 2014 section 18(3)(b) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 183(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
184: Offences in relation to security of, or unauthorised use of, unique user identifiers
1: A registered user of the JBMS
2: A person who,—
a: not being a registered user, uses a unique user identifier; or
b: being a registered user, uses the unique user identifier of any other registered user,— to authenticate a transmission of information to the JBMS
3: Every person who commits an offence against this section is liable on conviction to a fine not exceeding $5,000. Section 184(1) amended 24 June 2014 section 19(1) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 184(2) amended 24 June 2014 section 19(2) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Offences in relation to Customs officers' powers
185: Failure to answer questions
1: Every person commits an offence who, when required under this Act to answer any question put to that person,—
a: without reasonable excuse, fails or refuses to answer it; or
b: gives an incorrect answer.
2: It is a defence to a prosecution for an offence against this section if the person proves that he or she did not, when required to answer the question, have the information required to answer the question in his or her knowledge, possession, or control, or honestly and reasonably believed that the answer he or she gave was, in all the circumstances, correct at that time.
3: It is not a reasonable excuse for the purposes of subsection (1)(a) if a person fails or refuses to answer a question on the ground that to answer the question would or might incriminate or tend to incriminate that person.
4: Every person who commits an offence against this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $1,000; and
b: in the case of a body corporate, to a fine not exceeding $5,000. 1966 No 19 ss 19, 212(2), 212A(2), 218(4), 255 1985 No 145 s 14(2) 1990 No 89 s 4 1994 No 100 ss 7 8
186: Failure to produce evidence of identity
, entitlement to travel, or other matters
1: Every person commits an offence who fails without reasonable excuse to comply with a demand made under section 147 or section 147A
2: Every person who commits an offence against this section is liable on conviction to a fine not exceeding $1,000. 1966 No 19 s 218B 1994 No 100 s 9 Section 186 heading amended 2 July 2004 section 36(1) Customs and Excise Amendment Act 2004 Section 186(1) amended 2 July 2004 section 36(2) Customs and Excise Amendment Act 2004
187: Failure to produce or account for goods
1: Every person commits an offence who fails or refuses to produce or account for any goods when required to do so under section 152(2) section 153 section 154
2: It is a defence to a prosecution for an offence against this section if the person proves that he or she did not have possession or control of the goods or was otherwise unable, for good reason, to comply with the chief executive's requirements.
3: Every person who commits an offence against this section is liable on conviction to a fine not exceeding $5,000. 1966 No 19 s 204(3) 1982 No 112 s 17 Section 187(1) amended 9 October 2002 section 18(a) Customs and Excise Amendment Act (No 2) 2002 Section 187(1) amended 9 October 2002 section 18(b) Customs and Excise Amendment Act (No 2) 2002
188: Failure to comply with requisition
1: Every person commits an offence who fails or refuses to comply with a requirement of the chief executive under section 160 section 161
2: It is a defence to a prosecution for an offence against this section if the defendant proves that he or she did not have possession or control of the documents or information or did not have knowledge of the relevant documents, books, or records.
3: Every person who commits an offence against this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $1,000:
b: in the case of a body corporate, to a fine not exceeding $5,000. 1966 No 19 s 218(4) 1985 No 145 s 14
188A: Failure or refusal to remain at place
1: A person commits an offence who—
a: fails or refuses to remain at the place that is being searched under section 168(1)(a)
b: fails or refuses to remain at the place where that person is being searched under section 168(3)(b)
2: Every person who commits an offence against this section is liable on conviction to a term of imprisonment not exceeding 3 months, or to a fine not exceeding $1,000, or both. 1998 No 110 s 59(1)(a) Section 188A inserted 8 January 2003 section 19 Customs and Excise Amendment Act (No 2) 2002 Offences in relation to Customs controlled areas
189: Use of area without licence
1: Every person who contravenes section 10
2: Every person who commits an offence against this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $10,000.
190: Failure to comply with conditions of licence
1: Every person commits an offence who fails to comply with, or acts in contravention of, any term, condition, or restriction subject to which a licence has been granted under section 12
2: Every person who commits an offence against this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $1,000:
b: in the case of a body corporate, to a fine not exceeding $5,000. Offences in relation to arrival and departure of craft and persons Heading: amended 6 March 2007 section 32 Customs and Excise Amendment Act 2007
191: Offences in relation to arrival of craft
1: Every person commits an offence who,—
a: being the person in charge of any craft, fails to comply with any of the following requirements in section 21
i: to give advance notice of any or all of the matters prescribed; or
ii: to give advance notice in the form and manner approved in writing by the chief executive; or
iii: to give advance notice within the time prescribed; or
iiia: to ensure that information referred to in section 21(1)(a) section 21(2)(b)
iiib: to ensure that each supporting document that, as required under section 21(2)(b)
iv: to proceed to a Customs place; or
v: to proceed as directed by a Customs officer:
b: being the person in charge of, or the owner of, or a member of the crew of, or a passenger on, any craft,—
i: refuses to answer any question put to that person by a Customs officer under subsection (2)(a) of section 22
ii: fails to comply with any request made under subsection (2)(b) of that section:
c: being the master of a ship, fails to comply with any direction of a Customs officer under subsection (1) or subsection (4) of section 23
d: being the person in charge of any craft, fails to comply with section 24(1)
e: being a member of the crew of, or a passenger on, any craft, or being any other person (other than a Customs officer section 24(2)
f: being a person in charge of any craft, fails to comply with, or acts in contravention of, section 25(2)
g: being a member of the crew of, or a passenger on, any craft, acts in contravention of section 25(3) or (4)
h: being the person in charge of or the owner of any craft,—
i: fails to comply with subsection (2)(a) of section 26
ii: fails to obey a Customs direction given under subsection (2)(b) of that section.
2: Every person who commits an offence against paragraph (a), (c), or (d) of subsection (1) is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $15,000:
b: in the case of a body corporate, to a fine not exceeding $75,000.
3: Every person who commits an offence against subsection (1)(b) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $15,000.
4: Every person who commits an offence against paragraph (e), (f), (g), or (h) of subsection (1) is liable on conviction to a fine not exceeding $5,000. Section 191(1)(a) substituted 6 March 2007 section 17 Customs and Excise Amendment Act 2007 Section 191(1)(a) amended 24 June 2014 section 20(1) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 191(1)(a)(iiia) inserted 24 June 2014 section 20(2) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 191(1)(a)(iiib) inserted 24 June 2014 section 20(2) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 191(1)(e) amended 8 December 2009 section 5(2) Customs and Excise Amendment Act 2009 Section 191(1)(e) amended 2 July 2004 section 37 Customs and Excise Amendment Act 2004
192: Offences in relation to inward report
1: If—
a: an inward report delivered pursuant to section 26
b: a document delivered in support of the report is not genuine or is erroneous or misleading,— the person in charge of the craft and the owner of the craft each commits an offence.
2: Every person who commits an offence against this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $15,000. 1966 No 19 s 45(4) 1982 No 112 s 17
192A: Offences in relation to inward cargo report
1: A person commits an offence if the person fails to comply with any 1 or more or all of the following requirements in section 21A
a: to give to the Customs before the prescribed deadline a report on the cargo:
b: to give to the Customs a report containing such information relating to the cargo (being information that is genuine, not erroneous in a material particular, and not misleading) as may be prescribed:
c: to give a report to the Customs in the prescribed form and manner:
d: to ensure that information referred to in section 21A(4) section 21A(5)
e: to ensure that each supporting document that, as required under section 21A(5) section 21A(4)
2: Every person who commits an offence against this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $15,000. Section 192A inserted 24 June 2014 section 21 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
193: Offences in relation to departure of craft
1: Every person commits an offence who,—
a: being the person in charge of any craft, contravenes section 33
b: being the person in charge of any craft,—
i: fails to comply with section 34(a) advance notices of departure
ii: refuses to answer any question put to that person by a Customs officer under section 34(b)
iii: fails to produce any documents required by a Customs officer under section 34(c)
c: being a person in charge of or a member of the crew, of any craft, fails to comply with section 35
d: being a person in charge of any craft, fails to comply with a demand made by a Customs officer under section 36
e: being a person in charge of any craft, acts in contravention of section 37
2: Every person who commits an offence against paragraph (a), (c), or (e) of subsection (1) is liable on conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding $15,000.
3: Every person who commits an offence against paragraphs (b) or (d) of subsection (1) is liable on conviction to a fine not exceeding $5,000. Section 193(1)(b) substituted 6 March 2007 section 18 Customs and Excise Amendment Act 2007 Section 193(1)(b)(i) amended 24 June 2014 section 22 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
194: Offences in relation to
advance notice of departure
1: If—
a: an advance notice of departure section 34
b: any document delivered in support of the advance notice the person in charge of the craft and the owner of the craft each commits an offence.
2: Every person who commits an offence against this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000; and
b: in the case of a body corporate, to a fine not exceeding $15,000. 1966 No 19 s 73 Section 194 heading amended 24 June 2014 section 23(1) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 194(1)(a) amended 24 June 2014 section 23(2) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 194(1)(b) amended 24 June 2014 section 23(3) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
194A: Failure to comply with requirement to cease using electronic communication device
1: Every person commits an offence who fails to comply with any requirement imposed on that person by or under section 32A(3)
2: Every person who commits an offence against this section is liable on conviction to a fine not exceeding $1,000. Section 194A inserted 6 March 2007 section 19 Customs and Excise Amendment Act 2007
194B: Offences in relation to outward cargo report
1: A person commits an offence if the person fails to comply with any 1 or more or all of the following requirements in section 37A
a: to give to the Customs before the prescribed deadline a report on the cargo:
b: to give to the Customs a report containing such information relating to the cargo (being information that is genuine, not erroneous in a material particular, and not misleading) as may be prescribed:
c: to give a report to the Customs in the prescribed form and manner:
d: to ensure that information referred to in section 37A(4) section 37A(5)
e: to ensure that each supporting document that, as required under section 37A(5) section 37A(4)
2: Every person who commits an offence against this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $15,000. Section 194B inserted 24 June 2014 section 24 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
194C: Offences in relation to transhipment requests
1: A person who makes, or purports to make, a transhipment request, commits an offence if the person fails to comply with any 1 or more or all of the following requirements in section 48A
a: to make the request to the chief executive before the prescribed deadline:
b: to ensure that the request contains such information relating to the cargo (being information that is genuine, not erroneous in a material particular, and not misleading) as may be prescribed:
c: to ensure that each supporting document that, as required under section 48A(3)(c)
2: Every person who commits an offence against this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $15,000. Section 194C inserted 24 June 2014 section 24 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
195: Defences
It is a defence to any prosecution for an offence against sections 191 to 194C
a: that, in any case where it is alleged that anything required to be done was not done, the defendant took all reasonable steps to ensure that it was done; or
b: that, in any case where it is alleged that anything unlawful was done, the defendant took all reasonable steps to ensure that it was not done. Section 195 amended 24 June 2014 section 25 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 195 amended 6 March 2007 section 33 Customs and Excise Amendment Act 2007 Other offences
196: Adapting craft for smuggling
1: If any craft comes to or is found within New Zealand having—
a: any part or place adapted for the purpose of concealing goods or persons; or
b: any hole, pipe, or device adapted for the purpose of concealing goods or persons,— the person in charge and the owner of the craft each commits an offence.
2: Every person who commits an offence against this section is liable on conviction to a fine not exceeding $10,000. 1966 No 19 s 250
197: Interference with seals
, etc
1: Where any fastening, lock, mark, seal, marking, substance, or device that has been used by a Customs officer in relation to any goods
2: Every person who commits an offence against this section is liable on conviction to a fine not exceeding $5,000. 1966 No 19 s 209(2) Section 197 heading amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 197(1) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009
198: Interference with cargo
1: If at any time after any craft carrying goods from a point outside New Zealand arrives within New Zealand, and before a report is made in accordance with section 26
a: any cargo is interfered with; or
b: any alteration is made in the storage of goods carried, so as to facilitate the unloading of any of the goods before the report has been made; or
c: any of the goods are staved, removed, destroyed, or thrown overboard, or any package is opened,— the person so acting and the person in charge of the craft each commits an offence.
2: Subsection (1) does not apply if the act—
a: was authorised by the chief executive or a Customs officer; or
b: was required by any statutory or other requirement relating to navigation; or
c: was compelled by accident, stress of weather, or other necessity.
3: Every person who commits an offence against this section is liable on conviction to a fine not exceeding $5,000. 1966 No 19 s 40
199: Unloading goods without authorisation
1: Every person who acts in contravention of section 43
2: Every person who commits an offence against this section is liable on conviction to a fine not exceeding $5,000. 1966 No 19 s 50(4)
200: Offences in relation to manufacture, movement, and storage of goods
1: Every person commits an offence who—
a: fails to comply with subsection (1) or subsection (4) of section 18
ab: fails to comply with subsection (1) or subsection (3) of section 19H
b: acts in contravention of section 46
c: acts in contravention of section 47
d: takes goods out of a Customs controlled area or does any act in relation to goods taken out of a Customs controlled area that constitutes a contravention of the permission granted by the chief executive under section 48
e: manufactures any excisable goods in contravention of section 68
2: Every person who commits an offence against paragraphs (a) to (d) of subsection (1) (other than an offence under paragraphs (b) to (d) involving goods that are tobacco)
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $25,000.
2A: Every person who commits an offence against subsection (1)(b), (c), or (d) involving goods that are tobacco is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $20,000, or to both; or
b: in the case of a body corporate, to a fine not exceeding $100,000.
3: Every person who commits an offence against paragraph (e) of subsection (1) (other than an offence relating to goods that are tobacco)
a: in the case of an individual, to a fine not exceeding $5,000; or
b: in the case of a body corporate, to a fine not exceeding $25,000; or
c: in either case, to a fine of an amount not exceeding 3 times the value of the goods to which the offence relates.
4: Every person who commits an offence against subsection (1)(e) involving goods that are tobacco is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 6 months or to a fine not exceeding $20,000, or to both; or
b: in the case of a body corporate, to a fine not exceeding $100,000.
5: To avoid doubt, in this section, tobacco section 2(1) Section 200(1)(a) substituted 2 July 2004 section 38 Customs and Excise Amendment Act 2004 Section 200(1)(ab) inserted 2 July 2004 section 38 Customs and Excise Amendment Act 2004 Section 200(2) amended 24 September 2009 section 11(1) Customs and Excise Amendment Act (No 3) 2008 Section 200(2A) inserted 24 September 2009 section 11(2) Customs and Excise Amendment Act (No 3) 2008 Section 200(3) amended 24 September 2009 section 11(3) Customs and Excise Amendment Act (No 3) 2008 Section 200(4) added 24 September 2009 section 11(4) Customs and Excise Amendment Act (No 3) 2008 Section 200(5) added 24 September 2009 section 11(4) Customs and Excise Amendment Act (No 3) 2008
201: Interference with goods
1: Every person commits an offence who, except with the permission of a Customs officer,—
a: makes any alteration in the condition of goods subject to the control of Customs; or
b: interferes with, including by way of addition to or taking away from, such goods; or
c: unpacks or repacks such goods; or
d: removes such goods from any place in which a Customs officer has directed that the goods are to be stored.
2: Every person who commits an offence against this section is liable on conviction to a fine not exceeding,—
a: in the case of an individual, $5,000:
b: in the case of a body corporate, $25,000. 1966 No 19 s 248 1983 No 41 s 8
202: Contravention of direction of chief executive under section 97
1: Any purchaser who, except with the consent of the chief executive, takes any action in contravention of a direction given by the chief executive under section 97(5)
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $15,000.
2: Any purchaser who, knowingly and without the consent of the chief executive, takes any action in contravention of a direction given by the chief executive under section 97(5)
a: in the case of an individual, to a fine not exceeding $15,000; or
b: in the case of a body corporate, to a fine not exceeding $50,000; or
c: in either case, to an amount not exceeding 3 times the value of the goods to which the offence relates.
203: Offences in relation to entries
1: Every person commits an offence who—
a: fails to make an entry required under this Act:
b: makes an entry required under this Act that is erroneous or defective in a material particular.
2: It is a defence to a prosecution for an offence against subsection (1) if the person proves—
a: that, in the case of a prosecution for an offence against subsection (1)(a), the person took all reasonable steps to ensure that an entry was made; or
b: that, in the case of a prosecution for an offence against subsection (1)(b), the person took all reasonable steps to ensure that the entry was not erroneous or defective.
3: Every person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $1,000:
b: in the case of a body corporate, to a fine not exceeding $5,000.
4: Every person commits an offence who is concerned in the making of an entry that the person knows is erroneous or defective in a material particular.
5: Every person who commits an offence against subsection (4) is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or a fine not exceeding $10,000; or
b: in the case of a body corporate, to a fine not exceeding $50,000; or
c: in either case, to a fine of an amount not exceeding 3 times the value of the goods to which the offence relates. 1966 No 19 ss 21, 21A 1986 No 44 s 6
204: Offences in relation to declarations and documents
1: Every person commits an offence who—
a: makes a declaration or a written statement under this Act that is erroneous in a material particular:
b: produces or delivers to a Customs officer any document that is not genuine:
c: produces or delivers to a Customs officer any document that is erroneous in any material particular.
2: It is a defence to a prosecution for an offence against subsection (1) if the person proves that the person took all reasonable steps to ensure—
a: that the declaration, statement, or document, as the case may be, was not erroneous; or
b: in the case of a prosecution for an offence against subsection (1)(b), that the document was genuine.
3: Every person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $1,000:
b: in the case of a body corporate, to a fine not exceeding $5,000.
4: Every person commits an offence who—
a: makes a false declaration under this Act, knowing it to be false:
b: produces or delivers to a Customs officer any document that is not genuine, knowing that it is not genuine:
c: produces or delivers to a Customs officer any document that is erroneous in any material particular, knowing that it is erroneous.
5: Every person who commits an offence against subsection (4) is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $10,000; or
b: in the case of a body corporate, to a fine not exceeding $50,000; or
c: in either case, to a fine of an amount not exceeding 3 times the value of the goods to which the offence relates.
204A: Offence relating to failure to update information supplied in advance
1: This section applies to a person, and to information that the person supplies to the chief executive, the Customs, or a Customs officer, if—
a: the person supplies the information for the purposes of an enactment in or made under this Act, and before the deadline prescribed by or under this Act for doing so; and
b: the information becomes erroneous, or misleading in a material particular, after it is supplied but before that deadline and before the person is notified of any decision made in response to the information.
2: The person commits an offence if the person—
a: knows, or ought reasonably to know, that the information has become erroneous or misleading in a material particular; and
b: fails to take all reasonable steps to supply to the chief executive, the Customs, or a Customs officer, as soon as is reasonably practicable, replacement information that is not erroneous, or misleading in a material particular.
3: Every person who commits an offence against subsection (2) subsection (2)(a)
a: in the case of an individual, to a fine not exceeding $1,000; or
b: in the case of a body corporate, to a fine not exceeding $5,000.
4: Every person who commits an offence against subsection (2) subsection (2)(a)
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $10,000; or
b: in the case of a body corporate, to a fine not exceeding $50,000. Section 204A inserted 24 June 2014 section 26 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
205: Offences in relation to records
1: Every person commits an offence who fails to keep records that are required to be kept by section 95
2: Every person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of the first conviction of that person, to a fine not exceeding $2,000:
b: in the case of the second conviction, to a fine not exceeding $4,000:
c: in the case of every subsequent conviction, to a fine not exceeding $6,000.
3: Every person commits an offence who—
a: fails without reasonable excuse to make available to the Customs, on the request of a Customs officer, the records that are required to be kept by section 95
b: fails, when requested by a Customs officer, to operate any mechanical, or electronic device on which any records are, or information is, stored for the purpose of enabling the Customs officer to obtain those records or that information.
4: Every person who commits an offence against subsection (3) is liable on conviction,—
a: in the case of the first conviction of that person, to a fine not exceeding $2,000:
b: in the case of the second conviction of that person, to a fine not exceeding $4,000:
c: in the case of any subsequent conviction, to a fine not exceeding $6,000.
5: Every person commits an offence who, with intent to defeat the purposes of this Act, destroys, alters, or conceals any book, document, or record required to be kept under this Act, or sends or attempts to send out of New Zealand any such book, document, or record.
6: Every person who commits an offence under subsection (5) is liable on conviction
7: If, in any prosecution for an offence alleged to have been committed against subsection (5), it is proved that the person charged with the offence has destroyed, altered, or concealed any book, document, or record, or has sent, or attempted to send, out of New Zealand, any such book, document, or record, it shall be presumed in the absence of evidence to the contrary that in so doing that person intended to defeat the purposes of this Act. Section 205(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011
205A: Offences relating to failure to give Customs access to information
1: Every person commits an offence who fails, without reasonable excuse, to give the Customs access to information under any of sections 38D 38E 95A
2: Every person who commits an offence under subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000; or
b: in the case of a body corporate, to a fine not exceeding $15,000.
3: Every person commits an offence who fails, without reasonable excuse, to give the Customs access to information under any of sections 38D 38E 95A
4: Every person who commits an offence under subsection (3) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000; or
b: in the case of a body corporate, to a fine not exceeding $15,000. Section 205A inserted 1 October 2004 section 39 Customs and Excise Amendment Act 2004
205B: Offence relating to disclosing whether required to give Customs access to information
1: This section applies to a person if the person is a person concerned in the movement of goods, persons, or craft (as defined in section 38A
2: The person must not disclose to another person who is not the chief executive, a Customs officer,
a: whether the person is a person to whom section 38D section 38E
b: whether the person has been exempted from complying with obligations under that section.
3: If the person, without reasonable excuse, contravenes subsection (2), the person commits an offence and is liable on conviction to a fine not exceeding,—
a: in the case of an individual, $5,000:
b: in the case of a body corporate, $25,000. Section 205B inserted 1 October 2004 section 39 Customs and Excise Amendment Act 2004 Section 205B(2) amended 8 December 2009 section 5(2) Customs and Excise Amendment Act 2009
206: Possession of incomplete documents
1: Every person commits an offence who, without lawful authority or excuse, has in his or her possession or brings into New Zealand any uncompleted document or form capable of being used for any purpose under this Act if the document is signed or certified or bears any such mark or inscription to indicate that it is correct or authentic.
2: Every person who commits an offence against this section is liable on conviction to a fine not exceeding $5,000. 1966 No 19 s 251A 1985 No 145 s 16
207: Offences in relation to use of goods
1: Where under any provision of this Act or of the Tariff Act 1988
a: uses or deals with those goods for a purpose other than that for which they have been so entered; or
b: fails to comply with a condition imposed by the responsible Minister in respect of the goods so entered.
2: Whenever beer is entered as exempt from excise duty under section 73(2)
3: Every person who commits an offence against this section is liable on conviction to a fine not exceeding an amount equal to 3 times the amount of the duty that would have been payable if the goods had been entered otherwise than under the provision under which they were entered, or a fine not exceeding $5,000, whichever sum is the greater. 1966 No 19 s 252 Section 207(2) substituted 15 November 2000 section 6 Customs and Excise Amendment Act (No 2) 2000
208: Provisions relating to offences against sections 203 to 207
For the purposes of this Act,—
a: every declaration, invoice, certificate, written statement, or other document required or authorised by or under this Act to be made or produced by a person making an entry is deemed to form part of that entry:
b: every amendment of an entry is deemed to form part of that entry, but an amendment to an entry does not relieve a person from liability to the imposition of a penalty or liability to seizure of goods or criminal liability incurred in respect of the entry before its amendment. 1966 No 19 s 21(3), (4)
209: Offences in relation to importation or exportation of prohibited goods
1: Every person commits an offence who—
a: imports into New Zealand or unships or lands in New Zealand goods the importation of which is prohibited by or under section 54
b: exports, or transports with intent to export, goods from New Zealand the exportation of which is prohibited by or under section 56
c: except for the conduct described in paragraph (cab), is knowingly (other than objectionable publications)
ca: fails, in breach of section 56(2F)
cab: is knowingly concerned in any importation or exportation of—
i: goods that are designed, manufactured, or adapted with intent to facilitate the commission of a crime involving dishonesty; or
ii: goods that, having regard to all relevant circumstances, can reasonably be considered—
A: part of, or involved in, an attempt to commit a crime involving dishonesty to which section 72
B: related to a conspiracy to commit a crime involving dishonesty to which section 310
d: without lawful justification or excuse, removes from a Customs controlled area imported goods the importation of which is prohibited by or under section 54
e: is knowingly concerned or conspires, in the removal from a Customs controlled area of goods (other than objectionable publications) by or under section 54
f: commits a breach of, or fails to comply with, a term or condition on or subject to which a licence, permit, or consent has been granted, under an Order in Council made under section 54(2) section 56(2)
g: is knowingly concerned in a breach or failure to comply to which paragraph (f) applies.
1A: Every person commits an offence who—
a: is knowingly concerned in any importation, exportation, transportation, shipment, unshipment, or landing of an objectionable publication; or
b: is knowingly concerned in the removal from a Customs controlled area of an objectionable publication or conspires to remove an objectionable publication from a Customs controlled area.
1B: In this section, objectionable publication section 2
a: the importation of which is prohibited by or under section 54
b: the exportation of which is prohibited by or under section 56
2: Every person who commits an offence against any of paragraphs (c), (e), or (g) of subsection (1) is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $10,000; or
b: in the case of a body corporate, to a fine not exceeding $50,000; or
c: in either case, to a fine of an amount not exceeding 3 times the value of the goods to which the offence relates.
2A: Every person who commits an offence against subsection (1)(cab) is liable on conviction to imprisonment for a term not exceeding 3 years.
3: Every person who commits an offence against paragraph (a), (b), (ca),
a: in the case of an individual to a fine not exceeding $5,000; or
b: in the case of a body corporate to a fine not exceeding $10,000.
4: It is not a defence in a prosecution for an offence referred to in subsection (3) that the defendant had no knowledge or no reasonable cause to believe that the goods in respect of which the offence was committed were prohibited imports or prohibited exports, as the case may be.
4A: However, it is a defence in a prosecution for an offence relating to an export of goods prohibited by or under section 56(1)(c)
5: Every person who commits an offence against subsection (1A) is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 10 years
b: in the case of a body corporate, to a fine not exceeding $100,000.
6: By way of explanation, an offence against subsection (1A) can be affected by, and operate with, related provisions of the Films, Videos, and Publications Classification Act 1993
a: is an offence to which section 132A
b: is a specified publications offence for the purposes of section 132B
i: it is committed before or after the commencement of section 132B
ii: the publication that was the subject of the offence is objectionable (within the meaning of that Act) because it does (to any extent) any or all of the things specified in section 132A(2)(a) to (c)
c: is a relevant offence section 145A(1)
7: In this section, crime involving dishonesty section 2(1) 1966 No 19 ss 48(7), (8), 70(6) Section 209(1)(a) amended 22 February 2005 section 42(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 209(1)(b) amended 22 February 2005 section 42(2) Films, Videos, and Publications Classification Amendment Act 2005 Section 209(1)(c) amended 7 November 2015 section 6(1) Customs and Excise Amendment Act (No 2) 2015 Section 209(1)(c) amended 22 February 2005 section 42(4) Films, Videos, and Publications Classification Amendment Act 2005 Section 209(1)(ca) inserted 6 March 2007 section 20(1) Customs and Excise Amendment Act 2007 Section 209(1)(cab) inserted 7 November 2015 section 6(2) Customs and Excise Amendment Act (No 2) 2015 Section 209(1)(d) amended 22 February 2005 section 42(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 209(1)(e) amended 22 February 2005 section 42(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 209(1)(e) amended 22 February 2005 section 42(4) Films, Videos, and Publications Classification Amendment Act 2005 Section 209(1A) substituted 17 September 2008 section 12 Customs and Excise Amendment Act (No 3) 2008 Section 209(1B) inserted 22 February 2005 section 42(3) Films, Videos, and Publications Classification Amendment Act 2005 Section 209(2A) inserted 7 November 2015 section 6(3) Customs and Excise Amendment Act (No 2) 2015 Section 209(3) amended 6 March 2007 section 20(2) Customs and Excise Amendment Act 2007 Section 209(4A) inserted 6 March 2007 section 20(3) Customs and Excise Amendment Act 2007 Section 209(5) added 22 February 2005 section 42(5) Films, Videos, and Publications Classification Amendment Act 2005 Section 209(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 209(5)(a) amended 7 May 2015 section 4(1) Customs and Excise (Objectionable Publications) Amendment Act 2015 Section 209(6) replaced 7 May 2015 section 4(2) Customs and Excise (Objectionable Publications) Amendment Act 2015 Section 209(7) inserted 7 November 2015 section 6(4) Customs and Excise Amendment Act (No 2) 2015
209A: Publications imported
or exported
1: Nothing in section 209
a: import a publication (whether with the involvement of an overseas official or not):
b: export a publication (for example, an electronic publication) to an overseas official.
2: In this section,— New Zealand official paragraphs (a) to (l) of section 131(4) overseas official section 131(4) publication section 2 Section 209A inserted 9 October 2002 section 20 Customs and Excise Amendment Act (No 2) 2002 Section 209A heading amended 22 February 2005 section 43(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 209A(1) substituted 22 February 2005 section 43(2) Films, Videos, and Publications Classification Amendment Act 2005
210: Offences in relation to exportation of goods
1: Every person commits an offence who—
a: acts in contravention of subsection (1), (5), or (6) section 49
b: fails to comply with a request made under section 49(2)(b)
c: fails, or is knowingly concerned in any failure, to comply with section 51
d: acts in contravention of section 52
e: is knowingly concerned in a contravention of section 117(3)
2: Every person who commits an offence against paragraph (a), (b), (c), or (d) of subsection (1) is liable on conviction to a fine not exceeding $5,000.
3: Every person who commits an offence against paragraph (e) of subsection (1) is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $10,000; or
b: in the case of a body corporate, to a fine not exceeding $50,000; or
c: in either case, to a fine of an amount not exceeding 3 times the value of the goods to which the offence relates. Section 210(1)(a) amended 8 December 2009 section 6(4) Customs and Excise Amendment Act 2009
210A: Offences in relation to Customs seals and Customs-approved secure exports schemes
1: Every person commits an offence who, without lawful justification or reasonable excuse,—
a: uses a Customs seal in relation to section 53A
b: alters, removes, damages, disposes of, or otherwise interferes with a Customs seal used in relation section 53A
c: uses section 53E(1)(b) in relation
2: This subsection applies to a package if the package is—
a: a package in relation used
b: a Customs-approved secure package in relation section 53E(1)(b) used
3: Every person commits an offence who, without lawful justification or reasonable excuse, tampers or interferes with a package to which subsection (2) applies by adding other goods to the goods in it when it was secured.
4: Every person who commits an offence against this section is liable on conviction to a fine not exceeding,—
a: in the case of an individual, $5,000:
b: in the case of a body corporate, $25,000. Section 210A inserted 2 July 2004 section 40 Customs and Excise Amendment Act 2004 Section 210A(1)(a) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 210A(1)(b) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 210A(1)(c) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 210A(2)(a) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 210A(2)(b) amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009
211: Defrauding the revenue of Customs
1: Every person commits an offence who does any act or omits to do any act for the purpose of—
a: evading, or enabling any other person to evade, payment of duty or full duty on goods:
b: obtaining, or enabling any other person to obtain, money by way of drawback or a refund of duty on goods to which that person or that other person is not entitled under this Act:
c: conspiring with any other person (whether that other person is in New Zealand or not) to defraud the revenue of the Customs in relation to goods:
d: defrauding in any other manner the revenue of the Customs in relation to goods.
2: Every person who commits an offence against this section (other than an offence involving goods that are tobacco)
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $10,000; or
b: in the case of a body corporate, to a fine not exceeding $50,000; or
c: in either case, to a fine of an amount not exceeding 3 times the value of the goods to which the offence relates.
3: Every person who commits an offence against this section involving goods that are tobacco is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $20,000, or to both; or
b: in the case of a body corporate, to a fine not exceeding $100,000.
4: To avoid doubt, in this section and sections 212 213 tobacco section 2(1) 1966 No 19 s 243 1983 No 41 s 24(1) Section 211(2) amended 24 September 2009 section 13(1) Customs and Excise Amendment Act (No 3) 2008 Section 211(3) added 24 September 2009 section 13(2) Customs and Excise Amendment Act (No 3) 2008 Section 211(4) added 24 September 2009 section 13(2) Customs and Excise Amendment Act (No 3) 2008
212: Possession or custody of uncustomed goods or prohibited imports
1: Every person commits an offence who knowingly and without lawful justification has in his or her possession or custody goods that the person knows are uncustomed goods or prohibited imports.
2: Every person who commits an offence against this section (other than an offence involving goods that are tobacco)
a: in the case of an individual, to a fine not exceeding $10,000; or
b: in the case of a body corporate, to a fine not exceeding $50,000; or
c: in either case, to a fine of an amount not exceeding 3 times the value of the goods to which the offence relates.
3: Every person who commits an offence against this section involving goods that are tobacco is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $20,000, or to both; or
b: in the case of a body corporate, to a fine not exceeding $100,000. 1966 No 19 s 253 Section 212(2) amended 24 September 2009 section 14(1) Customs and Excise Amendment Act (No 3) 2008 Section 212(3) added 24 September 2009 section 14(2) Customs and Excise Amendment Act (No 3) 2008
213: Purchase, sale, exchange, etc, of uncustomed goods or prohibited imports
1: Every person commits an offence who knowingly and without lawful justification purchases, sells, exchanges, or otherwise acquires or disposes of, goods that the person knows are uncustomed goods or prohibited imports.
2: Every person who commits an offence against this section (other than an offence involving goods that are tobacco)
a: in the case of an individual, to a fine not exceeding $10,000; or
b: in the case of a body corporate to a fine not exceeding $50,000; or
c: in either case, to a fine of an amount not exceeding 3 times the value of the goods to which the offence relates.
3: Every person who commits an offence against this section involving goods that are tobacco is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $20,000, or to both; or
b: in the case of a body corporate, to a fine not exceeding $100,000. Section 213(2) amended 24 September 2009 section 15(1) Customs and Excise Amendment Act (No 3) 2008 Section 213(3) added 24 September 2009 section 15(2) Customs and Excise Amendment Act (No 3) 2008
214: Possession or control of concealed goods
1: Every person commits an offence who knowingly conceals any goods that the person knows are dutiable or prohibited goods.
2: Every person who commits an offence against this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $10,000; or
b: in the case of a body corporate, to a fine not exceeding $50,000; or
c: in either case, to a fine of an amount not exceeding 3 times the value of the goods to which the offence relates. 1966 No 19 s 254 1982 No 112 s 17
215: Offences in relation to seized goods
1: Every person commits an offence who, having custody of goods pursuant to section 226
2: Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $5,000.
3: Every person commits an offence who, without the permission of the chief executive, takes or carries away or otherwise converts to his or her own use goods, including any vehicle or craft, that have been seized as forfeited.
4: Every person who commits an offence against subsection (3) is liable on conviction to imprisonment for a term not exceeding 12 months, or to a fine not exceeding an amount equal to 3 times the value of the goods to which the offence relates. 1966 No 19 ss 277, 292
215A: Offences in relation to certain detained goods
1: Every person commits an offence who, having custody of goods pursuant to section 166F(1)
2: Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $5,000.
3: Every person commits an offence who, without the permission of the chief executive, takes or carries away or otherwise converts to his or her own use goods to which section 166F(2) and (3)
4: Every person who commits an offence against subsection (3) is liable on conviction to imprisonment for a term not exceeding 12 months, or to a fine not exceeding an amount equal to 3 times the value of the goods to which the offence relates. Section 215A inserted 2 July 2004 section 41 Customs and Excise Amendment Act 2004
216: Offences in relation to Customs Appeal Authorities
1: Every person commits an offence who, with intent to deceive, makes any false or misleading statement or any material omission in any information given to a Customs Appeal Authority for the purposes of this Act.
2: Every person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $15,000:
b: in the case of a body corporate, to a fine not exceeding $50,000.
3: Every person commits an offence who, after being summoned to attend to give evidence before an Authority or to produce to it any papers, documents, records, or things, without sufficient cause—
a: fails to attend in accordance with the summons; or
b: refuses to be sworn or to give evidence, or having been sworn refuses to answer any question that the person is lawfully required by the Authority to answer concerning the subject of the proceedings; or
c: fails to produce any paper, document, record, or thing.
4: No person summoned to attend proceedings before an Authority shall be convicted of an offence against subsection (3) unless at the time of the service of the summons, or at some other reasonable time before the date on which that person was required to attend, there was made to that person a payment or tender of the amount fixed under section 265(2)
5: Every person commits an offence who—
a: wilfully obstructs or hinders an Authority or any person authorised by an Authority in any inspection or examination of papers, documents, records, or things pursuant to section 261(1)(a)
b: without sufficient cause, fails to comply with any requirement of an Authority or any person authorised by an Authority made under section 261(1)(b)
c: without sufficient cause, acts in contravention of or fails to comply with any order made by an Authority under section 261(3)
6: Every person who commits an offence against subsection (3) or subsection (5) is liable on conviction to a fine not exceeding $1,000. Miscellaneous provisions relating to offences
217: Liability of officers of corporations
1: For the purposes of this section, the term corporation
2: If a corporation commits an offence against any provision of this Act, every director, manager, secretary, officer, or agent of the corporation and every person purporting to act in any such capacity, who participated in, directed, authorised, acquiesced in, or assented to the act or omission constituting the offence also commits an offence against that provision.
3: Every individual who commits an offence under this Act as provided by subsection (2) is liable on conviction to the penalty prescribed by the section creating the offence in respect of any individual who is convicted of the offence or, if no penalty is prescribed in respect of an individual, to the penalty prescribed for the offence.
4: A person may be convicted of the offence, even though the corporation has not itself been charged with, or convicted of, the offence. 1966 No 19 s 256
218: Liability of principal and agent
1: Every declaration made or other act done by an agent, whether or not the agent is in New Zealand, in the course of his or her agency in relation to the report, entry, or clearance of any craft or goods or any other matter under this Act is deemed also to have been made or done by the agent's principal, and the principal is liable accordingly to the penalties imposed by this Act.
2: For the purposes of this section, the knowledge or intent of the agent is imputed to the principal in addition to the principal's own knowledge or intent.
3: For the purposes of this section,—
a: an employee of the agent; or
b: a person performing any function of or for the agent; or
c: a person acting under the instruction of the agent,— is deemed also to be the agent of the principal.
4: Where any person acts or purports to act as the agent of any other person in relation to the report, entry, or clearance of any craft or goods or any other matter under this Act, that person is liable to the same penalties as if he or she were the principal for whom he or she so acts or purports to act. 1966 No 19 s 235
219: Attempts
An attempt to commit an offence against this Act is an offence punishable in the same manner and gives rise to the same cause for seizure as if the offence attempted had been committed. 1966 No 19 s 257
220: Offences punishable on summary conviction
Section 220 repealed 1 July 2013 section 413 Criminal Procedure Act 2011
221: Filing of charging document
1: Proceedings for any offence against this Act (other than for an offence against section 216
a: the chief executive; or
b: any Customs officer nominated by the chief executive; or
c: any person who is not a Customs officer but is an agent or employee of the Customs nominated by the chief executive.
2: Any Customs officer or agent or employee of the Customs purporting to act pursuant to a nomination of the chief executive under subsection (1)(b) or (c) is, in the absence of proof to the contrary, presumed to have been so nominated.
3: Proceedings for an offence against section 216
4: Despite anything to the contrary in section 25 1966 No 19 ss 259, 260 Section 221 substituted 8 December 2009 section 21 Customs and Excise Amendment Act 2009 Section 221 heading replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 221(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 221(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 221(4) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
222: Court may order payment of money in respect of duty
1: Where any person is convicted of an offence against section 176 177 187 188
2: Any order for payment under this section may be enforced in the same manner as a fine.
3: The recovery of any amount under this section in respect of a claim does not extinguish the claim for duty, but shall be taken into account in determining the amount (if any) to be awarded in any subsequent proceedings that may be taken in respect of that claim. 1966 No 19 s 264
223: Power of chief executive to deal with petty offences
1: This section applies to the following offences:
a: an offence against this Act that is committed—
i: in relation to goods; and
ii: in circumstances that the chief executive is satisfied would not amount to more than minor offending:
b: an offence against this Act that is not punishable by imprisonment.
2: At any time before a charging document has been filed
a: a written admission that he or she committed the offence; and
b: a request that the offence be dealt with summarily by the chief executive; and
c: payment of an amount, not exceeding the limit specified in subsection (2B)
2A: For the purposes of subsection (2)
2B: The amount referred to in subsection (2)(c)
3: If the chief executive accepts payment of an amount under subsection (2)(c)
4: If the chief executive declines to exercise his or her power under subsection (2), the admission in writing made by the offender is not admissible as evidence in any prosecution for that offence. 1966 No 19 s 266 Section 223 substituted 9 October 2002 section 21 Customs and Excise Amendment Act (No 2) 2002 Section 223(1) replaced 6 April 2012 section 24(1) Customs and Excise Amendment Act 2012 Section 223(2) replaced 6 April 2012 section 24(1) Customs and Excise Amendment Act 2012 Section 223(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 223(2A) inserted 6 April 2012 section 24(1) Customs and Excise Amendment Act 2012 Section 223(2B) inserted 6 April 2012 section 24(1) Customs and Excise Amendment Act 2012 Section 223(3) amended 6 April 2012 section 24(2) Customs and Excise Amendment Act 2012
14: Forfeiture and seizure
224: Application of this Part
This Part shall apply to all forfeitures that arise under this Act. 1966 No 19 s 269
225: Goods forfeited
1: The following goods shall be forfeited to the Crown:
a: goods in respect of which an offence has been committed under—
i: section 179
ii: section 203
iii: section 204
iv: section 206
v: section 209
vi: section 210
vii: section 211
viii: section 212
ix: section 213
x: section 214
b: goods dealt with in contravention of section 41 43 46 47
c: dutiable or prohibited goods found in the possession of any person who, when questioned under section 145 section 146
d: dutiable or prohibited goods found in the course of a search under section 144 section 149C(1) or section 149C(1A)(b)
da: dangerous items seized under section 149C(1A)(a) or section 149C(1)(b)
e: goods in respect of which an erroneous statement, declaration, certificate, or claim as to the country of which the goods are the produce or manufacture has been made or produced to any Customs officer:
f: dutiable or prohibited goods found on or in any craft, bulk cargo container, or pallet or a similar device that is unlawfully in any place:
g: dutiable or prohibited goods found on or in any craft, bulk cargo container, or pallet or a similar device after arrival in any Customs place from a point outside New Zealand, not being goods specified or referred to in the inward report or baggage belonging to the crew or passengers, and not being accounted for to the satisfaction of a Customs officer:
h: dutiable or prohibited goods found concealed in or on any craft, vehicle, bulk cargo container, pallet or a similar device, or any other thing:
i: goods in any package where those goods are not fully accounted for in the entry or declaration relating to that package:
j: dutiable or prohibited goods found so packed as to be likely to deceive the Customs officers:
k: uncustomed goods that are found in any place:
l: goods imported into New Zealand that have been acquired in a country outside New Zealand, whether by the importer or some other person, by an act which, if done in New Zealand would have amounted to a crime involving dishonesty within the meaning of section 2(1)
la: goods exported, or in respect of which an attempt to export has been made, that have been acquired in New Zealand, whether by the exporter or some other person, by an act that amounts to a crime involving dishonesty within the meaning of section 2(1)
m: all goods unlawfully exported or in respect of which an attempt to so export has been made:
n: all goods that have been unlawfully imported into New Zealand:
o: any goods, equipment, or apparatus used or intended for use in contravention of section 68
2: Notwithstanding section 53
3: The forfeiture of goods extends to the forfeiture of the case, covering, or other enclosure, not being a bulk cargo container, pallet or a similar device, in or on which the goods are contained at the time of seizure, importation, or exportation.
4: Notwithstanding subsection (3), forfeiture of goods extends to the forfeiture of a bulk cargo container, pallet or a similar device where that bulk cargo container, pallet, or other similar device has been adapted for the purpose of concealing goods.
5: Every craft, vehicle, or any other thing, including any machinery or equipment on or in the craft or vehicle or thing, or any animal that is being or has been used for the carriage, handling, deposit, or concealment of any goods referred to in subsection (1), whether at or after the time of any alleged offence in relation to those goods, is also forfeited to the Crown.
6: Without limiting subsection (5), a craft is also forfeited to the Crown if—
a: the craft is one in respect of which an offence under section 191(1)(a) or (d)
b: that offence was committed to facilitate non-compliance with a requirement in any of sections 27 to 29 1966 No 19 ss 270, 271, 272, 273 1979 No 137 s 11 1982 No 112 s 15 Section 225(1)(d) substituted 2 July 2004 section 47(2) Customs and Excise Amendment Act 2004 Section 225(1)(d) amended 6 March 2007 section 21(1) Customs and Excise Amendment Act 2007 Section 225(1)(da) inserted 2 July 2004 section 47(3) Customs and Excise Amendment Act 2004 Section 225(1)(da) amended 6 March 2007 section 21(2) Customs and Excise Amendment Act 2007 Section 225(1)(l) amended 9 October 2002 section 22(1) Customs and Excise Amendment Act (No 2) 2002 Section 225(1)(la) inserted 9 October 2002 section 22(2) Customs and Excise Amendment Act (No 2) 2002 Section 225(6) added 2 July 2004 section 42 Customs and Excise Amendment Act 2004
226: Procedure for seizure
1: A Customs officer or constable
2: Goods may be seized as forfeited wherever the goods are found within New Zealand.
3: Forfeited goods, other than prohibited goods, may be seized at any time within 2 years after the forfeiture has arisen.
4: Goods that are forfeited because they are prohibited goods may be seized at any time after the forfeiture has arisen.
5: A Customs officer or constable
6: Except as provided in subsections (7) and (8), all goods seized shall be taken to such place of security as a Customs officer directs, and there detained.
7: Where goods, including any craft, vehicle, or animal, have been seized under this section, any Customs officer may leave those goods in the custody of either—
a: the person from whom the goods have been seized; or
b: any other person authorised by the Customs officer and who consents to having such custody.
8: Every person who has the custody of goods under subsection (7) must hold them in safekeeping, without charge to the Crown and in accordance with any reasonable conditions that may be imposed by the Customs, until a final decision is made as to whether or not they are to remain forfeit, and must—
a: make the goods available to a Customs officer on request; and
b: not alter, or dispose of, or remove the goods from New Zealand, unless he or she is authorised to do so by a Customs officer; and
c: return the goods on demand to the custody of the Customs. 1966 No 19 ss 275, 276 1982 No 112 s 16 1986 No 44 s 26 Section 226(1) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Section 226(5) amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009
227: Notice of seizure
1: When any goods have been seized under section 226
2: A seizure is not invalidated or illegal by reason of any failure to give such notice if reasonable steps were taken to give the notice. 1966 No 19 s 278
228: Forfeiture to relate back
Where, pursuant to section 225 1966 No 19 s 274
229: Delivery of goods seized on deposit of value
1: Where any goods have been seized as forfeited, the chief executive may, at any time before their condemnation, deliver the goods to the owner or other person from whom they were seized, on the deposit with the Customs of a cash sum equal,—
a: in the case of imported goods, to the Customs value of the goods; or
b: in the case of goods manufactured in a Customs controlled area, to the excise value of the goods as determined in accordance with Schedule 4 together with any duty to which the goods may be liable as determined by the chief executive.
2: The money deposited is deemed to be substituted for the goods seized, and all the provisions of this Part so far as they are applicable extend and apply to the money accordingly. 1966 No 19 s 284
230: Sale of certain seized goods
1: Where—
a: a living creature; or
b: any thing that, in the opinion of the chief executive, is of a perishable nature; or
c: any thing that, in the opinion of the chief executive, is likely to deteriorate or diminish in value by keeping; or
d: any thing that, in the opinion of the chief executive, it is desirable to sell— has been seized as forfeited, the chief executive may sell the thing seized before its condemnation.
2: The net proceeds of sale are deemed to be substituted for the thing sold, and all the provisions of this Part so far as they are applicable extend and apply to those proceeds accordingly. 1966 No 19 s 285 Applications to review seizure of goods Heading substituted 24 September 2009 section 16 Customs and Excise Amendment Act (No 3) 2008
231: Application for review of seizure
1: Any person who has an interest in goods that have been seized under section 226
2: The time is—
a: 20 working days after the date on which the notice of seizure is given to the applicant; or
b: any further time allowed by the chief executive if satisfied that the applicant did not receive the notice of seizure or that a further period is otherwise required in the interests of justice.
3: An application under this section may be made on either or both of the following grounds:
a: that there was no legal basis for the seizure of the goods:
b: that the applicant should, in all the circumstances, be granted relief.
4: The application must—
a: state the ground or grounds on which it is made; and
b: give an address at which the applicant wishes to receive correspondence relating to the application; and
c: be sent to the chief executive. Section 231 substituted 24 September 2009 section 16 Customs and Excise Amendment Act (No 3) 2008
232: Conduct of review
1: On receipt of an application under section 231
2: In undertaking the review, the chief executive —
a: must consider the application and any written submissions made by the applicant; and
b: may consider any statement, document, information, or matter that in the chief executive’s opinion may assist the chief executive to deal effectively with the subject of the review, whether or not it would be admissible in a court of law.
3: The chief executive may ask the applicant for supplementary information and have regard to that supplementary information.
4: The applicant must establish, on the balance of probabilities, that the applicant has an interest in the seized goods and acquired that interest in good faith. Section 232 substituted 24 September 2009 section 16 Customs and Excise Amendment Act (No 3) 2008
233: Decision on review
1: The chief executive must dispose of the application for review by making one of the following decisions:
a: to dismiss the application for review:
b: if satisfied that there was no legal basis for the seizure of all or any of the goods, to disallow the seizure (in whole or in part) and to direct that the goods be given (in whole or in part) to—
i: the person from whom the goods were seized; or
ii: if the goods were not seized from a particular person, the person who, in the opinion of the chief executive, is entitled to possess the goods:
c: to grant relief by making any of the determinations described in section 235 section 234
2: The chief executive must make his or her decision on the application within 20 working days after the day on which the chief executive receives the application.
3: If, in the opinion of the chief executive, the circumstances of the case do not permit a decision to be made within the period specified in subsection (2), the chief executive may extend that period by a further period that is reasonable in the circumstances.
4: As soon as practicable after making a decision on the application, the chief executive must give written notice of the decision to—
a: the applicant; and
b: any other person on whom the notice of seizure was served under section 227
c: any person, other than a person referred to in paragraph (b), who claims an interest in the goods.
5: If the application for review is dismissed, the written notice must contain the reasons for the decision.
6: The written notice must state that a person who is dissatisfied with the decision of the chief executive has a right to appeal to a Customs Appeal Authority against the decision. Section 233 substituted 24 September 2009 section 16 Customs and Excise Amendment Act (No 3) 2008
234: Matters concerning grant of relief
The matters the chief executive may take into account when deciding whether or not to grant relief include, without limitation,—
a: the seriousness and nature of any act or omission giving rise to the seizure:
b: whether or not the person who is alleged to have done any act or omitted to do any act giving rise to the seizure has previously engaged in any similar conduct:
c: whether the seizure has arisen from, or is related to, a deliberate breach of the law:
d: the nature, quality, quantity, and estimated value of the seized goods:
e: the nature and extent of any loss or damage suffered by any person as a consequence of the seizure:
f: whether or not granting relief would undermine the purpose or objective of any import or export prohibition or restriction imposed by this Act:
g: the effect of any other action that has been taken or is proposed to be taken in respect of any offending related to the seizure. Section 234 substituted 24 September 2009 section 16 Customs and Excise Amendment Act (No 3) 2008
234A: Condemnation if application discontinued
Section 234A repealed 24 September 2009 section 16 Customs and Excise Amendment Act (No 3) 2008
235: Determinations where relief granted
1: If the chief executive decides, under section 233(1)(c)
a: that the goods be given to the applicant or to another person who, but for the seizure, is entitled to their possession:
b: that the goods be sold and that 1 or more of the following persons be paid the part or parts of the proceeds that the chief executive specifies:
i: the applicant:
ii: any other person who has an interest in the goods:
iii: the Crown.
2: The chief executive may make a determination described in this section subject to any conditions that the chief executive thinks just.
3: Without limiting subsection (2), the chief executive may impose any of the following conditions:
a: that there be paid to the Customs in respect of the seized goods a sum equal to the whole or any part of 1 or more of the following:
i: any costs or expenses incurred by the Customs in transporting, storing, or disposing of the goods (including returning or giving the goods to any person), or any incidental costs or expenses relating to their detention:
ii: any duty not already paid:
iii: any duty already refunded:
iv: the value of the detained goods, as determined by the chief executive:
b: that the goods be modified, in a manner directed by the chief executive, so as to render them inoperable for unlawful purposes:
c: that the costs or expenses incurred by the Customs in modifying the goods in accordance with a direction under paragraph (b) be paid to the Customs.
4: The chief executive must not make a determination described in this section if he or she is of the opinion that all or any of the goods may be required to be produced in evidence in any criminal proceedings. Section 235 substituted 24 September 2009 section 16 Customs and Excise Amendment Act (No 3) 2008
235A: Condemnation of seized goods
1: If the chief executive dismisses an application for review, the dismissal is deemed to be an order for condemnation of the goods to the Crown.
2: The order for condemnation of the goods takes effect on the close of the 20th working day after the chief executive gives his or her decision on the application unless an appeal against the decision on the application is lodged before then.
3: If no application for review is made within the time specified by section 231(2) Section 235A inserted 24 September 2009 section 16 Customs and Excise Amendment Act (No 3) 2008 Appeal from review Heading inserted 24 September 2009 section 16 Customs and Excise Amendment Act (No 3) 2008
235B: Right of appeal to Customs Appeal Authority from decision on review
1: A person who is dissatisfied with a decision of the chief executive made under section 233 section 235
2: The appeal must be brought within 20 working days after the date on which notice of the decision under section 233 Section 235B inserted 24 September 2009 section 16 Customs and Excise Amendment Act (No 3) 2008
235C: Condemnation of goods subject to appeal
The goods that are the subject of an appeal under section 235B
a: the appeal is discontinued; or
b: the decision of the Customs Appeal Authority on the appeal neither—
i: disallows the seizure of the goods under section 233(1)(b) section 255(1)
ii: grants relief under section 233(1)(c) section 255(1) Section 235C inserted 24 September 2009 section 16 Customs and Excise Amendment Act (No 3) 2008 General provisions as to forfeiture
236: Condemnation of seized goods on conviction
1: Subject to subsection (2), where this Act provides that on the commission of any offence any goods are forfeited, the conviction of any person for that offence has effect as a condemnation, without suit or judgment, of any goods that have been seized in accordance with this Act and—
a: in respect of which the offence was committed; or
b: which were forfeited under any of subsections (3), (4), or (5) of section 225
2: Where the court imposes a sentence on any person on the conviction of that person for an offence to which subsection (1) applies, the court may, if it thinks fit, order the restoration of the goods forfeited to the person from whom the goods were seized and, where such an order is made, the conviction does not have effect as a condemnation of those goods.
3: In making an order pursuant to subsection (2) the court may impose such conditions as it thinks fit.
4: Subsection (2) does not apply where the goods have, before the conviction, been sold, or restored to the person from whom they were seized, or otherwise disposed of by the chief executive under any other provision of this Act. 1966 No 19 s 283(1) 1983 No 41 s 23
237: Disposal of forfeited goods
1: The Crown has the property in forfeited goods, or in any deposit made under section 229 section 230
2: In the case of goods, the goods may be sold, used, destroyed, or otherwise disposed of after their condemnation as the chief executive may direct. 1966 No 19 s 286
238: Application of forfeiture provisions
All the provisions of this Act with respect to the forfeiture of goods extend and apply to any craft, vehicle, or other thing forfeited under this Act.
15: Evidence
239: Burden of proof
1: In any proceedings under this Act instituted by or on behalf of or against the Crown (other than a prosecution for an offence against section 182(2) 183(2) 205(6) 209(5) charge
a: the identity or nature of any goods; or
b: the value of any goods for duty; or
c: the country or time of exportation of any goods; or
d: the fact or time of the importation of any goods; or
e: the place of manufacture, production, or origin of any goods; or
f: the payment of any duty on goods,— shall be presumed to be true unless the contrary is proved.
2: The presumption in subsection (1) shall not be excluded by the fact that evidence is produced on behalf of the Crown in support of any such allegation.
3: The provisions of this section shall extend and apply to proceedings in which the existence of an intent to defraud the revenue of the Customs is in issue.
4: Notwithstanding the foregoing provisions of this section, in any proceedings for an offence against this Act where it is alleged that the defendant intended to commit the offence, the prosecution has the burden of proving that intent beyond reasonable doubt. 1966 No 19 s 299 Section 239(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
240: Documents made overseas
In any proceeding under this Act (other than a prosecution for an offence against section 182(1) 183(1) 205(5) 209(1A) 1966 No 19 s 302 Section 240 amended 1 July 2013 section 413 Criminal Procedure Act 2011
241: Proof of rules made under section 288
1: The production of a copy of the Gazette section 288(1) Gazette
2: The production of—
a: any document under the hand of a Customs officer purporting to be a rule or an extract from a rule that is required to be notified in the Gazette section 288(6)
b: a copy of the Gazette shall, in all courts and in all proceedings, be sufficient evidence, until the contrary is proved, of the existence, notification, and provisions of the rule, and of the date of its coming into force.
242: Customs record of computer transmission admissible in evidence
In any proceedings under this Act or any other Act a computer printout of an extract of a record kept by the Customs under section 136
243: Presumption of authenticity of documents
All documents purporting to be signed by or on behalf of the chief executive, or to be sealed with the seal of the Customs, are, in all courts and in all proceedings under this Act and any other Act, deemed to have been so signed or sealed with due authority, unless the contrary is proved. 1966 No 19 s 301
16: Customs Appeal Authorities
Customs Appeal Authorities
244: Establishment of Customs Appeal Authorities
1: There shall be established 1 or more Customs Appeal Authorities.
2: If more than 1, any Authority may be given such distinctive designation as the Governor-General determines, and any such designation may from time to time be changed by the Governor-General.
3: Every Authority shall consist of 1 person, being a District Court Judge or a barrister or solicitor of the High Court of not less than 7 years' practice.
4: Every Authority shall be appointed by the Governor-General on the joint recommendation of the Minister of Customs and the Minister of Justice.
5: No person shall be deemed to be employed in the service of Her Majesty for the purpose of the State Sector Act 1988 Government Superannuation Fund Act 1956
6: Customs Appeal Authorities shall be administered by the Ministry of Justice Section 244(6) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003
245: Term of office of Authority
1: Except as otherwise provided in this Act, every person appointed as an Authority shall be appointed for such term, not exceeding 7 years, as the Governor-General thinks fit, and may from time to time be reappointed.
2: Subject to subsection (3), any person appointed as an Authority may at any time be suspended or removed from office by the Governor-General for engaging in any occupation for reward outside the duties of his or her office, or for inability to perform the functions of the office
3: Where the terms of appointment of any person appointed as an Authority permit that person to engage in any occupation for reward outside the duties of his or her office, he or she is not liable to be suspended or removed from office under subsection (2) by reason of his or her so engaging in any occupation for reward so permitted.
4: Notwithstanding that the term of office of a person appointed as an Authority has expired or that the person has resigned his or her office, he or she shall be deemed to continue to be an Authority for the purpose of deciding any appeal that was wholly heard before the expiration of his or her term of office or before his or her resignation took effect, as the case may be. Section 245(2) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001
246: Oath to be taken by Authority
Before entering upon the exercise of the duties of his or her office, every person appointed as an Authority shall take and subscribe an oath before a Judge of the High Court that he or she will faithfully and impartially perform the duties of his or her office.
247: Remuneration and travelling expenses
There shall be paid out of money appropriated by Parliament for the purpose to any person appointed as an Authority remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951
248: Sickness or incapacity
1: In the event of the sickness or other incapacity of an Authority, the Minister of Customs and the Minister of Justice, jointly, may appoint any person who is qualified to be appointed as an Authority to act in the place of that person during the incapacity.
2: Any person so appointed has authority to act on behalf of the Authority, and while so acting, is deemed to be an Authority.
249: Validity of appointment not to be questioned in proceedings
No appointment of a person under section 248
250: Authority not personally liable
No person appointed as an Authority and no person appointed under section 248
251: Registrars of Authorities
1: There shall from time to time be appointed under the State Sector Act 1988
2: The office of Registrar may be held either separately or in conjunction with any other office in the Public Service.
252: Seal
Every Authority shall have a seal which shall be judicially noted in all courts.
253: Functions of Authority
The functions of an Authority shall be to sit as a judicial authority for hearing and deciding such appeals as are authorised by this Act or any other Act against assessments, decisions, rulings, determinations, and directions of the chief executive. Proceedings
254: Procedure
1: The procedure of an Authority shall be in accordance with this Act and any regulations made under this Act and, subject to this Act and those regulations, shall be such procedure as an Authority thinks fit.
2: Proceedings before an Authority shall be commenced by the lodging of an application in the prescribed form, together with the prescribed fee (if any), with the Authority.
255: Nature of appeal
1: Appeals shall be by way of a hearing de novo
2: For the purpose of hearing and deciding any appeal, an Authority shall have all the powers, duties, functions, and discretions of the chief executive in making the assessment, decision, ruling, determination, or direction appealed from.
256: Authority may extend time for appeal
Where under this Act a person is entitled to appeal to a Customs Appeal Authority within a specified time, an Authority may, on an application made within the specified time, extend the time within which the appeal may be brought.
257: Hearing
1: Subject to section 258
2: A notice to the appellant under subsection (1)—
a: shall, in addition to the matters referred to in subsection (1), inform the appellant of the provisions of subsections (5) and (6); and
b: shall be served on the appellant by personal service or by post in accordance with section 284(4)(b)
3: At the hearing of an appeal before an Authority the appellant and the chief executive may call evidence and shall be given an opportunity to be heard either in person or by a person authorised by the appellant or the chief executive, as the case may be, in that behalf whether or not that person is a barrister or solicitor of the High Court.
4: If the appellant or the chief executive, or both, fail to appear before an Authority at the time and place appointed, the Authority may nevertheless, upon proof of service of the notice of the hearing, proceed to determine the appeal.
5: Subject to subsection (6), the hearing of an appeal before an Authority shall be in public.
6: If the Authority is of the opinion that it is proper to do so, having regard to the interests of any party and to the public interest, it may hold a hearing or any part of a hearing in private.
7: The Authority may order that any part of any evidence given or the name of any witness not be published, and any such order may be subject to such conditions as the Authority thinks fit.
258: Authority may decide appeal without oral hearing if both parties consent
1: Notwithstanding section 257
2: If an Authority at any time during its consideration of an appeal in accordance with subsection (1) considers that an oral hearing should be held, the Authority shall fix a date, time, and place for the hearing of the appeal in accordance with section 257
259: Authority's powers
For the purposes of dealing with the matters before it, an Authority shall have the powers of the District Court Section 259 amended 1 March 2017 section 261 District Court Act 2016
260: Evidence
1: An Authority may receive as evidence any statement, document, information, or matter that, in the opinion of the Authority, may assist the Authority to deal effectually with the proceedings, whether or not it would be admissible in a court of law.
2: An Authority may take evidence on oath.
3: An Authority may permit a person appearing as a witness before it to give evidence by tendering a written statement and, if the Authority thinks fit, verifying it by oath.
261: Powers of investigation
1: For the purposes of dealing with the matters before it, an Authority or any person authorised by the Authority in writing to do so may—
a: inspect and examine any papers, documents, records, or things:
b: require any person to produce for examination any papers, documents, records, or things in that person's possession or under that person's control, and to allow copies of or extracts from any such papers, documents, or records to be made:
c: require any person to furnish, in a form approved by or acceptable to the Authority, any information or particulars that may be required by it, and any copies of or extracts from any papers, documents, or records in that person's possession or under that person's control.
2: The Authority may, if it thinks fit, require that any written information or particulars or any copies or extracts furnished under this section shall be verified by statutory declaration or otherwise as the Authority may require.
3: For the purposes of dealing with the matters before it, an Authority may of its own motion, or on application, order that any information or particulars, or a copy of the whole or any part of any paper, document, or record, furnished or produced to it be supplied to any person appearing before the Authority, and in the order impose such terms and conditions as it thinks fit in respect of such supply and of the use that is to be made of the information, particulars, or copy.
4: Every person shall have the same privileges in relation to the giving of information to the Authority, the answering of questions put by the Authority, and the production of papers, documents, records, and things to the Authority as witnesses have in courts of law.
262: Power to summon witnesses
For the purposes of dealing with the matters before it, an Authority may of its own motion, or on application, issue in writing a summons requiring any person to attend at the time and place specified in the summons and to give evidence, and to produce any papers, documents, records, or things in that person's possession or under that person's control that are relevant to the matters before the Authority.
263: Service of summons
1: A summons to a witness may be served—
a: by delivering it to the person summoned; or
b: by posting it by registered letter addressed to the person summoned at that person's usual place of residence or business.
2: The summons shall—
a: where it is served under subsection (1)(a), be served at least 24 hours before the attendance of the witness is required:
b: where it is served under subsection (1)(b), be served at least 10 days before the date on which the attendance of the witness is required.
3: If the summons is posted by registered letter it shall be deemed for the purposes of subsection (2)(b) to have been served at the time when the letter would be delivered in the ordinary course of post.
264: Protection of persons appearing
Every witness giving evidence, and every counsel or agent or other person appearing before the Authority, shall have the same privileges and immunities as witnesses and counsel in courts of law.
265: Witnesses' allowances
1: Every witness attending the hearing to give evidence pursuant to a summons shall be entitled to be paid witnesses' fees, allowances, and travelling expenses according to the scales for the time being prescribed by regulations made under the Criminal Procedure Act 2011
2: On each occasion on which the Authority issues a summons under section 262
3: The amount fixed under subsection (2) shall be the estimated amount of the allowances and travelling expenses to which, in the opinion of the Authority, the witness will be entitled according to the prescribed scales if the witness attends at the time and place specified in the summons.
4: The whole or part of any amount fixed under subsection (2) may, with the consent of the witness, be paid or tendered in the form of vouchers or tickets. Section 265(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
266: Payment of witnesses' allowances
1: Where a party to the proceedings has requested the issue of a witness summons, that party—
a: shall be liable for payment of the witness's fees, allowances, and expenses; and
b: shall, on making application for the issue of a witness summons, deposit with the Authority such sums as the Authority thinks sufficient.
2: The amounts of a witness's fees, allowances, and expenses shall be paid out of the sum deposited under subsection (1)(b).
3: Where the Authority has of its own motion issued the witness summons, the Authority may direct that the amount of those fees, allowances, and travelling expenses shall be paid by the Crown.
267: Grounds of appeal and burden of proof
1: Subject to subsection (2), in an appeal the appellant is limited to the grounds stated in the appellant's notice of appeal, and the burden of proof is on the appellant.
2: The Authority may, either on the application of the appellant or of its own motion, amend the grounds stated in the notice of appeal.
268: Sittings of Authority
1: Sittings of an Authority shall be held at such times and places as the Authority from time to time appoints.
2: An Authority may adjourn a sitting from time to time or place to place before the time of the sitting or at the sitting.
3: During the absence of the Authority or his or her inability from any cause to act, the Registrar of the Authority has the same powers as the Authority to adjourn a sitting.
269: Authority may dismiss frivolous or vexatious appeal
An Authority may at any time dismiss an appeal if it is satisfied that the appeal is frivolous or vexatious.
270: Decision of Authority
1: Every decision of an Authority shall be given in writing, with a statement of the Authority's reasons for the decision.
2: A copy of the decision shall be given to the appellant and to the chief executive and shall be accompanied by a written statement of the provisions of section 272(1)
271: Power to award costs
1: An Authority may in any proceedings order a party to pay to the other party such costs and expenses (including witnesses' expenses) as it considers reasonable, and may apportion any such costs between the parties or any of them in such manner as it thinks fit.
2: Where, through failure to prosecute any proceedings at the time fixed for a hearing or to give adequate notice of the abandonment of any proceedings, an Authority considers it proper to do so, the Authority may order the party in default to pay to the Crown such sum for costs as it considers reasonable.
272: Appeals to High Court
1: Any party who is dissatisfied with a decision of an Authority under this Act as being erroneous in point of law or fact may appeal to the High Court.
2: Every such appeal shall be made by filing a notice of appeal in the appropriate registry of the High Court within 20 working days after the date of the decision appealed against or within such further time as the High Court may allow.
3: Where a notice of appeal is filed in accordance with subsection (2), the appellant shall also, within the time specified in that subsection, file with the Authority a notice of appeal specifying the registry of the High Court in which the appellant intends to file the case on appeal, and, except in the case of an appeal by the chief executive, shall give security for the costs of the appeal of such amount and in such form as may be fixed by the Authority.
4: The appellant shall prepare a case setting forth the facts and the questions of law or fact arising for the determination of the High Court, and shall, within 2 months after the date of the giving by the Authority of his or her decision, submit the case to the Authority.
5: An Authority may return to an appellant a case submitted to the Authority under subsection (4) or further submitted under this subsection for such amendment as the Authority shall direct, and the appellant shall further submit the case to the Authority within such time as the Authority shall allow.
6: Where an Authority accepts a case submitted or further submitted to him or her under subsection (4) or subsection (5), the Authority shall sign the case, and shall deliver the case to the appellant.
7: The appellant shall, within 14 days after the date of receipt of the case delivered by the Authority pursuant to subsection (6), transmit it to the Registrar of the High Court in the registry specified in the notice of appeal, and the Registrar shall thereupon enter the appeal for hearing at the first practicable sitting of the court.
8: On the hearing of the appeal the High Court may, if it thinks fit, cause the case so stated to be sent back to the Authority for amendment, and subsections (5), (6) and (7) shall, with any necessary modifications, apply as if the case had been submitted to the Authority under subsection (4).
273: Appeal to Court of Appeal
Any party who is dissatisfied with a decision of the High Court on any case on appeal under section 272
274: Stating case for High Court
1: An Authority may at any time, on the application of the appellant or the chief executive or of its own motion, state a case for the opinion of the High Court on any question of law arising in respect of any appeal before the Authority.
2: The Authority shall give notice to the chief executive and the appellant of the Authority's intention to state a case under this section specifying the registry of the High Court in which the case is to be filed.
3: Subsections (4), (5), (6), (7), and (8) of section 272 shall apply to a case stated under this section as if the case were an appeal to the High Court on a question of law in which the party on whose application the Authority intends to state the case, or the chief executive where the Authority intends to state the case of its own motion, is the appellant, except that the time for submitting a case to the Authority shall be within 20 working days after the date of the giving by the Authority of notice under subsection (2), or such further time as the Authority may allow.
17: Miscellaneous provisions
274A: Use of automated electronic systems by Customs to make decisions, exercise powers, comply with obligations, and take related actions
1: The chief executive may arrange for the use, under the chief executive's control, of automated electronic systems for any purposes for which the chief executive, the Customs, or a Customs officer may, or must, under the designated border processing law,—
a: make a decision; or
b: exercise a power, or comply with an obligation; or
c: do anything else related to making a decision, exercising a power, or complying with an obligation.
2: An arrangement under subsection (1)(a) may (without limitation) involve use of an automated electronic system to make a decision by analysing the information (if any) about a person that is held by the chief executive, or to which the chief executive has access, using criteria predetermined by the chief executive.
3: The chief executive must not under subsection (1) arrange for use of an automated electronic system in relation to a decision, power, obligation, or related action unless satisfied that—
a: the system has the capacity with reasonable reliability to make the decision, exercise the power, comply with the obligation, or take the related action; and
b: there are also available for the person affected 1 or more alternative ways of making the decision, exercising the power, complying with the obligation, or taking the related action, and each of those alternative ways involves a person.
4: Before concluding for the first time, varying significantly, or revoking and replacing an arrangement under subsection (1), the chief executive must consult with the Privacy Commissioner on the terms, and any privacy implications, of the proposed initial arrangement, significant variation, or replacement arrangement.
5: A decision made, power exercised, obligation complied with, or related action taken using an automated electronic system in accordance with an arrangement under subsection (1) must for all purposes be treated as a decision made, power exercised, obligation complied with, or related action taken by the chief executive, the Customs, or a Customs officer (as the case may be) who or that is authorised by the designated border processing law to make that decision, exercise that power, comply with that obligation, or take that related action.
6: An automated electronic system used in accordance with an arrangement under subsection (1) may include components outside New Zealand, and may also be used—
a: for making decisions, exercising powers, complying with obligations, or taking related actions under other enactments; and
b: in accordance with provisions of those other enactments on use of automated electronic systems.
7: For the purposes of this section and sections 274B 274C designated border processing law
a: Part 3
b: Part 12
c: Parts 13 to 15 17
d: any other provisions of this Act (other than Part 3A section 286(1)(ii) 1987 No 74 s 125AB(5); Australian Citizenship Act 2007 (Aust) s 48; Migration Act 1958 (Aust) s 495A Section 274A inserted 8 December 2009 section 22 Customs and Excise Amendment Act 2009
274B: Publication of details of arrangements for use of automated electronic systems
1: The chief executive must ensure that details of arrangements under section 274A(1)
a: in the Gazette
b: (so far as practicable) on an Internet site that is maintained by, or on behalf of, the chief executive, and that is publicly available free of charge.
2: Those details must include, for every arrangement under section 274A(1)
3: No arrangement, variation, revocation, or revocation and replacement is made invalid by reason only of a failure to publish details of it promptly in accordance with subsection (1). Section 274B inserted 8 December 2009 section 22 Customs and Excise Amendment Act 2009
274C: Variation and substitution of decisions made by automated electronic systems
1: This section applies to a decision—
a: that, under the designated border processing law, may or must be made by the chief executive, the Customs, or a Customs officer (as the case may be); and
b: that is made by an automated electronic system in accordance with an arrangement under section 274A(1)
2: The chief executive, the Customs, or a Customs officer (as the case may be) may, despite section 274A
a: vary or add to terms or conditions of, or imposed in or in relation to, the decision; or
b: substitute a decision (the substituted decision initial decision
3: The chief executive, the Customs, or the Customs officer (as the case may be) does not have a duty to consider whether to exercise all or any of the powers in subsection (2) in respect of a decision, whether or not he or she is asked to do so by the person affected or in any other circumstances. Migration Act 1958 (Aust) s 495B Section 274C inserted 8 December 2009 section 22 Customs and Excise Amendment Act 2009
274D: Appeals and reviews unaffected
Sections 274A to 274C 2002 No 34 s 33 2004 No 115 s 21(d) 2005 No 39 s 61(6) Section 274D inserted 8 December 2009 section 22 Customs and Excise Amendment Act 2009
274E: No limitation of claims by Crown to recover duties or interest on duties, or on forfeiture proceedings, under this Act
No relief in respect of a claim by the Crown to recover any tax or duty, or interest on any tax or duty, or in respect of any forfeiture proceedings, under this Act, is barred or otherwise affected by the following:
a: the Limitation Act 2010
b: any other enactment that prescribes a limitation period or other limitation defence. 1950 No 65 proviso to s 32 Section 274E inserted 1 January 2011 section 58 Limitation Act 2010
275: Payments by chief executive out of public money
Subject to any limitations imposed in regulations made under this Act, the chief executive may incur expenses without further appropriation than this section to pay—
a: all lawful refunds of duty:
b: all lawful drawbacks of duty:
c: all lawful refunds of administrative penalties under section 129(2)
d: all lawful payments of interest pursuant to section 93(1) 1966 No 19 s 226 1989 No 44 s 86(1)
276: Application of Act to postal articles
1: Subject to any regulations made under subsection (3), the provisions of this Act apply to postal articles and to goods contained in postal articles in the same manner as those provisions apply to other goods.
2: In this section,—
a: the term postal article
b: the term postal operator Postal Services Act 1998
3: Without limiting the power to make regulations conferred by section 286
a: providing that any separate postal articles and goods contained in them, whether addressed to the same or to different persons, may be treated for the purposes of this Act as a single postal article consigned to a single person:
b: prescribing the persons who are to be deemed for the purposes of this Act to be the importers or exporters of such postal articles or goods.
4: For the purposes of this Act, a postal article is deemed to have been produced or delivered to a Customs officer when it is brought within a Customs controlled area. 1966 No 19 s 305(1), (2)(e), (f), (3) Section 276(2) substituted 1 April 1998 section 62(1) Postal Services Act 1998 Section 276(4) inserted 6 April 2012 section 25 Customs and Excise Amendment Act 2012
277: Declarations under this Act
1: Every declaration, including a declaration that is made and transmitted electronically, that is required or authorised by this Act must be made in the prescribed form.
2: Where any form requires that a declaration must be made before any person, the declaration may be made before a Customs officer, or before a person authorised under the Oaths and Declarations Act 1957 1966 No 19 s 303
278: Power of chief executive to determine seals,
etc The chief executive may, from time to time, determine any seal, stamp, mark, marking, substance, or device Section 278 heading amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009 Section 278 amended 8 December 2009 section 4(3) Customs and Excise Amendment Act 2009
279: Arrival and departure information
Section 279 repealed 22 August 2017 section 23 Enhancing Identity Verification and Border Processes Legislation Act 2017
280: Supply of arrival and departure information for benefit
and benefit debt recovery
1: In this section, unless the context otherwise requires, the term benefit section 3(1)
a: a lump sum payable under section 61DA section 61DC section 61DD
b: any special assistance granted out of a Crown Bank Account section 124(1)(d) or (da)
c: an allowance established by regulations made under section 303
2: The purpose of this section is to facilitate the exchange of information between the Customs and the department for the time being responsible for the administration of the Social Security Act 1964
a: to verify the entitlement or eligibility of any person to or for any benefit:
b: to verify the amount of any benefit to which a person is or was entitled or for which a person is or was eligible:
c: to enable the recovery of any debt due to the Crown in respect of any benefit.
3: For the purposes of this section, the chief executive of the department for the time being responsible for the administration of the Social Security Act 1964
4: Nothing in subsection (3) applies in respect of persons who are exempted by regulations or a special direction made under the Immigration Act 2009
a: apply for a visa or entry permission in the prescribed manner under section 103(1)(b), (c), and (d)
b: complete documentation on departure from New Zealand under section 119(1)(c)
5: The information referred to in subsection (3) is as follows:
a: the person's full name:
b: the person's date of birth:
c: the person's sex:
d: the person's passport number:
e: the person's country of citizenship:
f: if the person arrived or, as the case may be, departed by aircraft, the flight number:
g: if the person arrived or, as the case may be, departed by ship, the name of the ship:
h: the date on which the person arrived in or, as the case may be, departed from New Zealand.
6: On receipt of a request made under subsection (3), the chief executive of the Customs may supply the information requested to any officer or employee or agent of the other department who is authorised for the purpose by the chief executive of that department.
7: Information supplied under a request made under subsection (3) may be supplied in such a form as is determined by agreement between those chief executives. Section 280 substituted 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 280 heading amended 9 April 2008 section 5(1) Customs and Excise (Social Assistance) Amendment Act 2008 Section 280(1)(b) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 280(1)(c) added 6 March 2007 section 22 Customs and Excise Amendment Act 2007 Section 280(2) substituted 9 April 2008 section 5(2) Customs and Excise (Social Assistance) Amendment Act 2008 Section 280(4) substituted 29 November 2010 section 406(1) Immigration Act 2009
280A: Interpretation
In section 280B authorised officer section 280B department Social Security Act 1964 identifying information social security agreement section 19 (Reciprocity Agreements, and New Zealand Artificial Limb Service) 1994 No 166 ss 85B 85C Section 280A inserted 27 April 2002 section 8 Section 280A identifying information replaced 22 August 2017 section 24 Enhancing Identity Verification and Border Processes Legislation Act 2017 Section 280A social security agreement amended 5 December 2013 section 11(2)(a) Social Welfare (Transitional Provisions) Amendment Act 2013
280B: Disclosure of arrival and departure information for purposes of mutual assistance provision contained in social security agreement
1: The purpose of this section is to facilitate the exchange of information between the Customs and the department for the purpose of giving assistance to the Government of a country with which New Zealand has a social security agreement that contains a mutual assistance provision of the kind referred to in section 19A(2)(b) (Reciprocity Agreements, and New Zealand Artificial Limb Service)
2: For the purpose of this section, the chief executive of the department may supply to the chief executive of Customs—
a: any identifying information supplied to the department by the Government of that country; and
b: any identifying information obtained by the department about a person who has applied for a benefit to which that social security agreement applies.
3: If, in relation to any person, identifying information is supplied in accordance with subsection (2), the chief executive of the Customs may compare that information with any arrival and departure information held by the Customs that relates to that person.
4: If the Customs has arrival or departure information relating to a person, the chief executive of the Customs may, for the purpose of this section, supply to an authorised officer any of the following information held by the Customs if that information is of a type specified in an agreement made under section 19C(1)(d) (Reciprocity Agreements, and New Zealand Artificial Limb Service)
a: the person's full name:
b: the person's date of birth:
c: the person's sex:
d: the person's passport number:
e: the person's nationality:
f: if the person arrived or, as the case may be, departed by aircraft, the flight number:
g: if the person arrived or, as the case may be, departed by ship, the name of the ship:
h: the date on which the person arrived in, or, as the case may be, departed from, New Zealand.
5: If the chief executive of the Customs has supplied information under subsection (4) to an authorised officer, the department may supply that information to the competent institution of the Government of the other country in accordance with the mutual assistance provision of the social security agreement.
6: If information is supplied to the chief executive of the Customs under subsection (2), that chief executive—
a: may use that information for the purposes set out in subsections (3) and (4):
b: may not supply that information to any other country without the prior written consent of the chief executive of the department, and that supply or consent may be subject to any conditions that the chief executive of the department considers appropriate to impose. Section 280B inserted 27 April 2002 section 8 Section 280B(1) amended 5 December 2013 section 11(2)(b) Social Welfare (Transitional Provisions) Amendment Act 2013 Section 280B(4) amended 5 December 2013 section 11(2)(b) Social Welfare (Transitional Provisions) Amendment Act 2013
280C: Interpretation
In sections 280D 280E amount of reparation section 79 authorised officer
a: means any officer, employee, or agent of the Department who is authorised by the chief executive of the Department to supply information to, or receive information from, the chief executive of the Customs under sections 280D
b: includes a constable Department fine
a: a fine within the meaning of section 79
b: a fine to which section 19
c: a fine to which section 43 45
d:
e: any amount payable under section 138A(1) fines enforcement action identifying information serious default
a: the person owes—
i: an amount of $1,000 (or any other amount that may be fixed by the Governor-General by Order in Council) or more in relation to 1 or more unpaid fines (other than an amount of reparation); or
ii: any amount of reparation; and
b: a warrant to arrest the person has been issued in respect of the non-payment of the whole, or of any part, of any amount referred to in paragraph (a); and
c: the warrant has not been withdrawn or executed. Section 280C inserted 10 April 2006 section 4 Customs and Excise Amendment Act 2006 Section 280C amount of reparation inserted 13 February 2012 section 4(3) Customs and Excise Amendment Act 2011 Section 280C authorised officer amended 8 December 2009 section 24 Customs and Excise Amendment Act 2009 Section 280C fine replaced 13 February 2012 section 4(1) Customs and Excise Amendment Act 2011 Section 280C fine repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 280C identifying information replaced 22 August 2017 section 25 Enhancing Identity Verification and Border Processes Legislation Act 2017 Section 280C reparation repealed 13 February 2012 section 4(2) Customs and Excise Amendment Act 2011
280D: Disclosure of arrival and departure information for fines enforcement purposes
1: The purpose of this section is to facilitate the exchange of information between the Customs and the Department to enable—
a: the Department to locate any person who is in serious default in the payment of any fine; and
b: appropriate fines enforcement action to be taken against that person.
2: For the purpose of this section, an authorised officer may supply to the chief executive of the Customs any identifying information about a person who is in serious default.
3: If, in relation to a person who is in serious default, identifying information is supplied in accordance with subsection (2), the chief executive of the Customs may compare that information with any information held by the Customs that relates to that person.
4: If the Customs has information relating to a person who is in serious default, the chief executive of the Customs may, for the purpose of this section, supply to an authorised officer any of the following information relating to that person held by the Customs:
a: the person's full name:
b: the person's date of birth:
c: the person's sex:
d: the person's passport number:
e: the person's nationality:
f: if the person arrived or, as the case may be, departed by aircraft, the flight number of the aircraft:
g: if the person arrived or, as the case may be, departed by ship, the name of the ship:
h: the date on which the person arrived in, or (as the case may be) departed from, New Zealand.
5: The chief executive of the Customs and the chief executive of the Department may, for the purpose of this section, determine by agreement between them—
a: the frequency with which information may be supplied; and
b: the form in which information may be supplied; and
c: the method by which information may be supplied. Section 280D inserted 10 April 2006 section 4 Customs and Excise Amendment Act 2006
280E: No Crown liability to third parties for fines enforcement action
1: This section applies to the taking of any fines enforcement action against a person who is alleged to be in serious default (the alleged defaulter
a: after the arrival of the alleged defaulter in New Zealand; or
b: before the departure of the alleged defaulter from New Zealand.
2: The Crown is not liable to any person (for example, an airline operator or a passenger on an airline) for any loss or damage caused as a result of, or in connection with, the actions described in subsection (1) unless the person or persons taking those actions, or any employee of the Crown performing any function directly or indirectly connected with those actions, has not acted in good faith or has been grossly negligent.
3: Nothing in subsection (2) applies to or affects any question of the liability of the Crown to the alleged defaulter. Section 280E inserted 10 April 2006 section 4 Customs and Excise Amendment Act 2006
280F: Customs may supply information concerning specified fines defaulters to chief executive of Department of Labour
1: The chief executive of the Customs may supply to the chief executive of the Department of Labour the following information about a person who is a specified fines defaulter:
a: the person's full name:
b: the person's date of birth:
c: the person's sex:
d: the person's passport number:
e: notice of the fact that the person is a specified fines defaulter.
2: The information given under subsection (1)—
a: may be given in any form and by any method agreed upon by the chief executive of the Department (as that term is defined in section 280C
b: may, in whole or in part, be in the form of a code representing the information.
3: In this section,— fine section 280C
a: a fine imposed by, or resulting from the enforcement of, an order made or deemed to have been made under section 21(5), (5A), or (9)
b: any amount payable under section 138A(1) specified fines defaulter
a: who owes—
i: an amount of $5,000 (or any other amount that may be fixed by the Governor-General by Order in Council) or more in relation to 1 or more unpaid fines (other than an amount of reparation); or
ii: any amount of reparation within the meaning of that term in section 280C
b: for whom a warrant to arrest has been issued (and not withdrawn or executed) in respect of the non-payment of the whole or any part of any amount referred to in paragraph (a). Section 280F inserted 10 April 2006 section 4 Customs and Excise Amendment Act 2006 Section 280F(3) fine replaced 13 February 2012 section 5 Customs and Excise Amendment Act 2011
280G: Defined terms for sections 280H and 280I
In sections 280H 280I borrower section 4(1) Commissioner section 3(1) Department identifying information section 208(2) officer of the Department section 3(1) serious default Student Loan Scheme Act 2011 unpaid amount section 5 Section 280G inserted 28 March 2007 section 41 Student Loan Scheme Amendment Act 2007 Section 280G borrower amended 1 April 2012 section 223 Student Loan Scheme Act 2011 Section 280G identifying information amended 1 April 2012 section 223 Student Loan Scheme Act 2011 Section 280G serious default inserted 30 March 2013 section 47 Student Loan Scheme Amendment Act 2013 Section 280G unpaid amount inserted 30 March 2013 section 47 Student Loan Scheme Amendment Act 2013
280H: Disclosure of arrival and departure information for purposes of
Student Loan Scheme Act 2011
1: The purpose of this section is to facilitate the exchange of information between the Customs and the Department for the purposes of assisting the Commissioner to—
a: verify whether borrowers are New Zealand-based or overseas-based for the purposes of the Student Loan Scheme Act 2011
b: verify whether borrowers are New Zealand residents for the purposes of that Act:
c: locate, when they enter or leave New Zealand, borrowers who are in serious default in relation to a student loan.
2: For the purpose of this section, the Commissioner may supply any identifying information to the chief executive.
3: If, in relation to any borrower, identifying information is supplied in accordance with subsection (2), the chief executive may compare that information with any arrival and departure information held by the Customs that relates to that borrower.
4: If the Customs has arrival or departure information relating to a borrower, the chief executive may, for the purpose of this section, supply to the Commissioner any of the following information held by the Customs:
a: the borrower's name:
b: the borrower's date of birth:
c: the borrower's tax file number:
d: the time and date on which the borrower arrived in, or, as the case may be, departed from, New Zealand:
e: information provided by the borrower when arriving in or, as the case may be, departing from New Zealand.
5: The chief executive and the Commissioner may, for the purpose of this section, determine by written agreement between them—
a: the frequency with which information may be supplied; and
b: the form in which information may be supplied; and
c: the method by which information may be supplied. Section 280H inserted 28 March 2007 section 41 Student Loan Scheme Amendment Act 2007 Section 280H heading amended 1 April 2012 section 223 Student Loan Scheme Act 2011 Section 280H(1) replaced 30 March 2013 section 48(1) Student Loan Scheme Amendment Act 2013 Section 280H(4)(e) inserted 30 March 2013 section 48(2) Student Loan Scheme Amendment Act 2013
280I: Direct access to arrival and departure information for purposes of
Student Loan Scheme Act 2011
1: The purpose of this section is to facilitate the Department's access to information stored in a database for the purpose of assisting the Commissioner to—
a: verify whether borrowers are New Zealand-based or overseas-based for the purposes of the Student Loan Scheme Act 2011
b: verify whether borrowers are New Zealand residents for the purposes of that Act:
c: verify whether borrowers are in New Zealand for the purposes of that Act:
d: locate, when they enter or leave New Zealand, borrowers who are in serious default in relation to a student loan.
2: The chief executive may, for the purpose of this section, allow the Commissioner to access a database in accordance with a written agreement entered into by the chief executive and the Commissioner.
3: In accessing a database for the purpose of this section, the Commissioner—
a: may only search for arrival or departure information relating to pre-selected borrowers who are of interest to the Commissioner; and
b: must not search for—
i: any information other than arrival or departure information; or
ii: any information about a person who is not a borrower.
4: The Commissioner must take all reasonable steps to ensure that—
a: only persons who have had appropriate powers delegated to them by the Commissioner—
i: have access to the database; and
ii: use the database; and
b: a record is kept of—
i: every occasion on which persons access a database; and
ii: the reason for accessing the database; and
iii: the identity of the person who accessed the database; and
c: every person who accesses a database for the purpose of this section complies with subsection (3).
5: In this section,— access a database database Section 280I inserted 28 March 2007 section 41 Student Loan Scheme Amendment Act 2007 Section 280I heading amended 1 April 2012 section 223 Student Loan Scheme Act 2011 Section 280I(1) replaced 30 March 2013 section 49 Student Loan Scheme Amendment Act 2013
280J: Defined terms for sections 280K and 280L
In sections 280K 280L Commissioner section 3(1) Department financial support debt
a: financial support as defined in section 2
b: a penalty or interest under the Child Support Act 1991 identifying information officer of the Department section 3(1) serious default Section 280J inserted 8 August 2008 section 293 Taxation (Business Taxation and Remedial Matters) Act 2007 Section 280J identifying information replaced 22 August 2017 section 26 Enhancing Identity Verification and Border Processes Legislation Act 2017
280K: Disclosure of arrival and departure information for purposes of Child Support Act 1991
1: The purpose of this section is to facilitate the exchange of information between the Customs and the Department for the purpose of assisting the Commissioner to—
a: locate any person who is in serious default in the payment of any financial support debt; and
b: take appropriate debt recovery action against that person.
2: For the purpose of this section, the Commissioner may supply any identifying information to the chief executive.
3: If, in relation to a person who is in serious default, identifying information is supplied in accordance with subsection (2), the chief executive may compare that information with any arrival and departure information held by the Customs that may relate to that person.
4: If the Customs has arrival or departure information relating to a person who is in serious default, the chief executive may, for the purpose of this section, supply to the Commissioner any of the following information held by the Customs:
a: the person's name:
b: the person's date of birth:
c: the person's tax file number:
d: the time and date on which the person arrived in New Zealand or, as the case may be, departed from New Zealand:
e: information provided by the person when arriving in New Zealand or, as the case may be, departing from New Zealand.
5: The chief executive and the Commissioner may, for the purpose of this section, determine by written agreement between them—
a: the frequency with which information may be supplied:
b: the form in which information may be supplied:
c: the method by which information may be supplied. Section 280K inserted 8 August 2008 section 293 Taxation (Business Taxation and Remedial Matters) Act 2007
280L: Direct access to arrival and departure information for purposes of Child Support Act 1991
1: The purpose of this section is to facilitate the Department's access to information stored in a database for the purpose of assisting the Commissioner to—
a: locate any person who is in serious default in the payment of any financial support debt:
b: take appropriate debt recovery action against that person.
2: The chief executive may, for the purpose of this section, allow the Commissioner to access a database in accordance with a written agreement entered into by the chief executive and the Commissioner.
3: In accessing a database for the purpose of this section, the Commissioner—
a: may only search for arrival or departure information relating to preselected persons who are of interest to the Commissioner; and
b: must not search for—
i: any information other than arrival or departure information:
ii: any information about a person who is not in serious default.
4: The Commissioner must take all reasonable steps to ensure that—
a: only persons with appropriate powers delegated to them by the Commissioner—
i: have access to the database; and
ii: use the database; and
b: a record is kept of—
i: every occasion on which persons access a database; and
ii: the reason for accessing the database; and
iii: the identity of the person who accessed the database; and
c: every person who accesses a database for the purpose of this section complies with subsection (3).
5: In this section,— access a database database Section 280L inserted 8 August 2008 section 293 Taxation (Business Taxation and Remedial Matters) Act 2007
280M: Direct access to database information for purposes of counter-terrorism and national security
1: The purpose of this section is to facilitate an agency’s access to information stored in a database for the purpose of assisting the agency to perform its functions related to, or involving, all or any of the following:
a: the prevention, detection, or investigation of any potential, suspected, or actual—
i: terrorist act; or
ii: facilitation of a terrorist act:
b: national security.
2: The chief executive of the Customs may, for the purpose of this section, allow the chief executive of an agency to access 1 or more databases to search for information, including personal information.
3: Before allowing the chief executive of an agency access to any database in accordance with subsection (2), the chief executive of the Customs must enter into a written agreement with the chief executive of the agency.
4: The written agreement must specify—
a: the database or databases that may be accessed:
b: the particular information that may be accessed:
c: the particular purpose or purposes for which the information is accessed:
d: how the information accessed is to be used by the agency to achieve those particular purposes:
e: the positions or designations of the persons in the agency who may access the database or databases:
f: the records to be kept in relation to each occasion on which a database is accessed:
g: the safeguards that are to be applied for protecting personal information that is disclosed:
h: the requirements relating to storage and disposal of information obtained by the agency from the database or databases:
i: the circumstances (if any) in which the information may be disclosed by the agency to another specified agency, and how that disclosure may be made:
j: the requirements for reviewing the agreement.
5: An agreement may be varied by the chief executive of the Customs and the chief executive of the agency.
6: Before entering into an agreement, or varying an agreement, the chief executive of the Customs must consult the Privacy Commissioner.
7: In this section,— access agency
a: a department specified in Schedule 1
i: the Government Communications Security Bureau; and
ii: the New Zealand Security Intelligence Service:
b: a departmental agency that is part of a department referred to in paragraph (a):
c: the New Zealand Police:
d: the New Zealand Defence Force chief executive of an agency
a: means the head of that agency; and
b: includes the Commissioner of Police database information
a: means—
i: any information held by the Customs that relates to goods, passengers, crew, or craft and the movements of the goods, passengers, crew, or craft:
ii: any other border-related information held by the Customs; and
b: includes, but is not limited to,—
i: arrival and departure information:
ii: information specified in section 282(1)
iii: biometric information:
iv: border information (as defined in section 282D
v: information collected or generated by the Customs in the course of preventing, detecting, or investigating a border-related offence (as defined in section 132B(1) terrorist act section 5(1) 2017-04-01 Customs and Excise Act 1996 Applies to section 280M only Section 280M replaced 1 April 2017 section 257 Intelligence and Security Act 2017
281: Disclosure of information overseas
1: The chief executive may disclose any information specified in section 282(1)
a: the prevention, detection, investigation, prosecution, or punishment of offences that are, or that if committed in New Zealand would be,—
i: customs offences of any kind; or
ii: other offences punishable by imprisonment; or
b: the processing of international passengers at the border by public authorities; or
c: border security; or
d: the enforcement of a law imposing a pecuniary penalty; or
e: the protection of public revenue.
1A: Despite subsection (1), the chief executive may not disclose biometric information relating to any person to an overseas agency, body, or person for the purpose of assisting the overseas agency, body, or person to perform the function specified in subsection (1)(d).
2: The disclosure of information under subsection (1) must be—
a: in accordance with an agreement between the chief executive and the agency, body, or person concerned that complies with subsections (3) and (4); or
b: in accordance with subsection (8).
3: The chief executive must not enter into an agreement for the purpose of subsection (2)(a) unless satisfied that it is justified to help prevent, identify, or respond to violations of New Zealand law or,—
a: in the case of an agreement with an international agency or body, to help prevent, identify, or respond to actions of a kind whose prevention or identification, or responding to which, is among the functions of the agency or body:
b: in any other case, to help prevent, identify, or respond to violations of the law of the State concerned.
4: For the purposes of subsection (2)(a), an agreement—
a: must be in writing; and
b: must state criteria for the disclosure of information under it; and
c: must state, in respect of information to be disclosed,—
i: the use that the agency, body, or person may make of it; and
ii: either—
A: that the agency, body, or person must not disclose it to any other agency, body, or person; or
B: the other agencies, bodies, or persons to which the agency, body, or person may disclose any of it, and the extent to which, and conditions subject to which, the agency, body, or person may do so; and
d: may state—
i: the form in which the information may be disclosed:
ii: the method by which the information may be disclosed; and
e: may be varied from time to time.
5: The chief executive—
a: must consult the Privacy Commissioner before entering into an agreement under this section, or varying such an agreement; and
b: if the Privacy Commissioner so requires, must undertake a review of the agreement under this section, and the arrangements for disclosure under it; and
c: as soon as practicable after conducting a review required to be undertaken under paragraph (b), must report the result to the Privacy Commissioner.
6: The Privacy Commissioner must not require the chief executive to undertake a review of an agreement under subsection (5)(b) within 12 months of last doing so.
7: This section does not limit the general powers of the chief executive to enter into agreements not related to the disclosure of information with any overseas agency, body, or person.
8: The chief executive may disclose information to an overseas agency, body, or person without a written agreement specified in subsection (2)(a) if—
a: the functions of the agency, body, or person include the prevention, detection, investigation, prosecution, or punishment of customs offences of any kind or of other offences punishable by imprisonment; and
b: the information is disclosed subject to conditions stating—
i: the use that the agency, body, or person may make of it; and
ii: either—
A: that the agency, body, or person must not disclose it to any other agency, body, or person; or
B: the other agencies, bodies, or persons to which the agency, body, or person may disclose any of it, and the extent to which, and conditions subject to which, the agency, body, or person may do so; and
c: the chief executive makes and keeps a record of—
i: the information that was disclosed; and
ii: the agency, body, or person to which it was disclosed; and
iii: the conditions subject to which it was disclosed.
9: If, before the commencement of this Act, the Government of New Zealand or chief executive has entered into any agreement or arrangement with any overseas agency, body, or person and that agreement or arrangement could have been made or entered into under this section, the agreement or arrangement continues and has effect as if it had been made or entered into under this section. This subsection prevails over subsection (4).
10: The chief executive must not disclose any information under subsection (8) unless satisfied that it relates to a suspected violation of New Zealand law or,—
a: in the case of disclosure to an international agency or body, to a suspected action of a kind whose prevention or identification, or responding to which, is among the functions of the agency or body:
b: in any other case, to a suspected violation of the law of the State concerned. Section 281 substituted 2 July 2004 section 43 Customs and Excise Amendment Act 2004 Section 281(1A) inserted 22 August 2017 section 27 Enhancing Identity Verification and Border Processes Legislation Act 2017
282: Information that may be disclosed
1: The information that may be disclosed under section 281
a: airline passenger and crew lists:
b: craft movements (which may include passenger and crew lists):
c: past travel movements of specified people:
d: previous convictions of specified people:
e: general history of specified people (which may include associates and networks):
f: modus operandi of specified people:
g: known currency and other financial transactions of relevant interest, including involvement in money laundering:
h: intelligence analysis assessments and reports:
i: details of mail interceptions:
j: personal information:
k: names and details of Customs personnel, freight forwarding and transport personnel, and personnel in the trade and travel business:
l: details of known or suspected involvement of persons in illicit activities.
2: Section 281 Section 282 substituted 2 July 2004 section 43 Customs and Excise Amendment Act 2004 Section 282(1)(j) replaced 22 August 2017 section 28 Enhancing Identity Verification and Border Processes Legislation Act 2017
282A: Customs may for certain purposes collect, use, or disclose certain information
1: This section applies to information viewed by the Customs under any of sections 38G to 38K section 95A
2: The Customs may collect, use, or disclose the information for any of the following purposes (and, in the case of personal information, despite anything in information privacy principles 2, 3, 10, or 11 of the Privacy Act 1993
a: exercising or performing a power, function, or duty under this Act:
b: the prevention, detection, investigation, prosecution, and punishment of offences that are, or that if committed in New Zealand would be,—
i: customs offences of any kind; or
ii: other offences punishable by imprisonment:
c: the processing of international passengers at the border by public authorities:
d: the protection of border security:
e: the protection of the health and safety of members of the public.
3: To avoid doubt, if the information is personal information and is disclosed by the Customs to an agency, body, or person under subsection (2) and for a purpose specified in that subsection, then the agency, body, or person—
a: is authorised by this section to obtain and collect that information for that purpose; but
b: may keep, use, or disclose that information only in accordance with the Privacy Act 1993
4: Section 281
a: the prevention, detection, investigation, prosecution, and punishment of offences that are, or that if committed in New Zealand would be,—
i: customs offences of any kind; or
ii: other offences punishable by imprisonment; or
b: the processing of international passengers at the border by public authorities; or
c: border security; or
d: the protection of the health and safety of members of the public.
5: Nothing in this section limits section 38L(3)(a) section 38O Section 282A inserted 2 July 2004 section 43 Customs and Excise Amendment Act 2004
282B: Access by accessing agency to border information
1: The purpose of this section is to facilitate the exchange of information between agencies at the border to enable them to co-ordinate their border protection functions.
2: An accessing agency may, for the purpose of this section, access any border information held by a holder agency if the access is authorised by regulations made under this Act.
3: In this section,— accessing agency border information
a: means any information or class of information that is—
i: held by a holder agency; and
ii: specified in regulations made under this Act; and
b: includes, without limitation, information about—
i: goods, persons, or craft:
ii: import or export transactions:
iii: importers or exporters holder agency Section 282B inserted 6 April 2012 section 26 Customs and Excise Amendment Act 2012
282C: Chief executive must review operation of section 282B
1: After the expiry of 5 years, but before the expiry of 6 years, after the commencement of section 282B
a: review the operation of that section; and
b: assess the impact of that section on the privacy of individuals, in consultation with the Privacy Commissioner; and
c: consider whether any amendments to the law are necessary or desirable and, in particular, whether there is a need to retain this section and sections 282B 286A 286B
d: report his or her findings to the Minister.
2: The Minister must present a copy of a report provided under this section to the House of Representatives as soon as practicable after receiving it. Section 282C inserted 6 April 2012 section 26 Customs and Excise Amendment Act 2012 Definitions for information-sharing provisions Heading inserted 6 April 2012 section 26 Customs and Excise Amendment Act 2012
282D: Definitions
In this section and sections 282E to 282L access border information
a: means information—
i: that is required to be supplied to the Ministry or the Customs by or under this Act or Part 3 Biosecurity Act 1993
ii: that is otherwise lawfully supplied or collected for a border protection purpose; and
b: includes, without limitation, information about—
i: goods, persons, or craft:
ii: import or export transactions:
iii: importers or exporters; and
c: also includes data or information that is derived from, or related to, any information referred to in paragraphs (a) and (b) border protection purpose
a: a Ministry-related
b: a customs-related border management function Customs customs-related border management function
a: to achieve the purpose of this Act; or
b: for the administration of this Act Director-General Ministry
a: means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of the Biosecurity Act 1993
b: includes—
i: the Director-General; and
ii: any inspector appointed under section 103 Ministry-related border management function
a: any function, duty, or power imposed or conferred on the Ministry by or under Part 3
b: any other function, duty, or power imposed or conferred on the Ministry by or under the Biosecurity Act 1993
i: to achieve the purpose of Part 3
ii: for the administration of Part 3
c: any function, duty, or power imposed or conferred on the Ministry by or under any of the following Acts in relation to the effective management of risks associated with the movement of goods, persons, or craft into or out of New Zealand:
i: the Food Act 2014
ii: the Hazardous Substances and New Organisms Act 1996
iii: the Agricultural Compounds and Veterinary Medicines Act 1997
iv: the Animal Products Act 1999
v: the Wine Act 2003
vi: any other Act specified by Order in Council made under section 165A Section 282D inserted 6 April 2012 section 26 Customs and Excise Amendment Act 2012 Section 282D biosecurity-related border management function repealed 24 June 2014 section 27(1) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 282D border protection purpose amended 24 June 2014 section 27(2) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 282D computer system repealed 24 June 2014 section 27(3)(a) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 282D Joint Border Management System JBMS repealed 24 June 2014 section 27(3)(b) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 282D Ministry-related border management function inserted 24 June 2014 section 27(1) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 282D Ministry-related border management function amended 1 March 2016 section 447 Food Act 2014 Interim arrangements for information sharing Heading repealed 1 September 2017 section 282JAA(3)
282E: Purpose of sections 282F to 282H
Section 282E repealed 1 September 2017 section 282JAA(3)
282F: Interim collection of border information
Section 282F repealed 1 September 2017 section 282JAA(3)
282G: Requirement by or under this Act to supply border information is complied with if information is supplied to Ministry or other agency
Section 282G repealed 1 September 2017 section 282JAA(3)
282H: Interim access to border information
Section 282H repealed 1 September 2017 section 282JAA(3)
282I: Expiry of sections 282E to 282H and agreements made under section 282H
Section 282I repealed 1 September 2017 section 282JAA(3) Information sharing for joint border management Heading inserted 6 April 2012 section 26 Customs and Excise Amendment Act 2012
282JAA: Application of sections 282J to 282L
1: Sections 282J to 282L section 282I(1)
2: The interim arrangements for information sharing are the arrangements under all or any of the following:
a: sections 282E to 282H section 282H
b: sections 41B to 41E section 41E
3: On that date of expiry (as provided in section 282I(1) sections 282E to 282I Section 282JAA inserted 24 June 2014 section 30 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
282J: Collection of border information
1: The Customs may—
a: collect any border information:
b: store any border information in the JBMS.
2: If the border information is personal information, subsection (1) principle 2 3 Section 282J inserted 6 April 2012 section 26 Customs and Excise Amendment Act 2012
282K: Requirement by or under this Act to supply border information is complied with if information is supplied to Ministry or other agency
A person must be taken to have complied with a requirement by or under this Act to supply any border information to the Customs if, instead of to the Customs, the person supplies the border information to—
a: the Ministry, for the purposes of, and in accordance with, section 41G(1)
b: an agency appointed under section 41G(3) section 41G(1) Section 282K inserted 6 April 2012 section 26 Customs and Excise Amendment Act 2012
282L: Customs may access border information
1: The Customs may access any border information stored in the JBMS that is needed for, or relevant to, a customs-related border management function.
2: If the border information is personal information, subsection (1) principle 10
3: Subsections (1) and (2)
4: To avoid doubt, nothing in subsection (1)
a: goods, persons, or craft:
b: import or export transactions:
c: importers or exporters. Section 282L inserted 6 April 2012 section 26 Customs and Excise Amendment Act 2012
283: Chief executive to give written reasons for decisions open to appeal to Customs Appeal Authority
Without limiting any other obligation imposed on the chief executive to give notice in writing or to give reasons, in any case where a decision of the chief executive is open to an appeal to a Customs Appeal Authority, the notice of the decision of the chief executive must be given without undue delay and Section 283 amended 27 September 2001 section 11 Customs and Excise Amendment Act 2001
284: Giving of notice
1: A notice by the chief executive or an officer of Customs to a company may be given,—
a:
b: in the case of a company within the meaning of section 2
c: by delivery to an employee of the company at the company's head office or principal place of business; or
d: by leaving it at the company's registered office; or
e: by posting it to the company's registered office or delivering it to a box at a document exchange which the company is using at the time; or
f: by sending it by facsimile machine to a telephone number used for the transmission of documents by facsimile at the company's registered office or its head office or principal place of business; or
g: where an individual who is a director, or an employee, or an agent of the company is a registered user of the JBMS and uses the JBMS the JBMS
2: A notice by the chief executive or an officer of Customs to an overseas company may be given,—
a: by delivery to a person named in the overseas register as a director of the overseas company and who is resident in New Zealand; or
b: by delivery to a person named in the overseas register as being authorised to accept service in New Zealand of documents on behalf of the overseas company; or
c: by delivery to an employee of the overseas company at the overseas company's place of business in New Zealand or, if the overseas company has more than 1 place of business in New Zealand, at the overseas company's principal place of business in New Zealand; or
d: by posting it to the address of the overseas company's principal place of business in New Zealand or delivering it to a box at a document exchange which the overseas company is using at the time; or
e: by sending it by facsimile machine to a telephone number used for the transmission of documents by facsimile at the principal place of business in New Zealand of the overseas company; or
f: where an individual who is a director, or an employee, or an agent of the overseas company is a registered user of the JBMS and uses the JBMS the JBMS
3: A notice by the chief executive or an officer of Customs to a body corporate, other than a company or an overseas company, may be given,—
a: by delivery to a person who is a principal officer of the body corporate; or
b: by delivery to an employee of the body corporate at the principal office or principal place of business of the body corporate; or
c: by posting it to the address of the principal office of the body corporate or delivering it to a box at a document exchange which the body corporate is using at the time; or
d: by sending it by facsimile machine to a telephone number used for the transmission of documents by facsimile at the principal office or principal place of business of the body corporate; or
e: where an individual who is an employee or an agent of the body corporate is a registered user of the JBMS and uses the JBMS the JBMS
4: A notice by the chief executive or an officer of Customs to an individual may be given,—
a: by delivery to that person; or
b: by posting it to that person's address or delivering it to a box at a document exchange which that person is using at the time; or
c: by sending it by facsimile machine to a telephone number used by that person for the transmission of documents by facsimile; or
d: where the individual is a registered user of the JBMS the JBMS Section 284(1)(a) repealed 5 December 2013 section 14 Companies Amendment Act 2013 Section 284(1)(g) substituted 3 June 1998 section 8(1) Customs and Excise Amendment Act (No 2) 1998 Section 284(1)(g) amended 24 June 2014 section 31(1)(a) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 284(1)(g) amended 24 June 2014 section 31(1)(b) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 284(2)(f) substituted 3 June 1998 section 8(2) Customs and Excise Amendment Act (No 2) 1998 Section 284(2)(f) amended 24 June 2014 section 31(2)(a) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 284(2)(f) amended 24 June 2014 section 31(2)(b) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 284(3)(e) substituted 3 June 1998 section 8(3) Customs and Excise Amendment Act (No 2) 1998 Section 284(3)(e) amended 24 June 2014 section 31(3)(a) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 284(3)(e) amended 24 June 2014 section 31(3)(b) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 284(4)(d) amended 24 June 2014 section 31(4)(a) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 284(4)(d) amended 24 June 2014 section 31(4)(b) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014
285: Additional provision relating to notices under this Act
1: For the purposes of this Act, a notice is deemed to be given when it is deemed to be received in accordance with subsection (2).
2: For the purposes of this Act,—
a: a notice posted or delivered to a document exchange is deemed to be received 5 working days after it is posted or delivered:
b: a notice sent by facsimile machine is deemed to have been received on the working day following the day on which it was sent , except that a notice sent under section 56(2D)
c: a notice transmitted by electronic means is deemed to have been received on the working day following the day on which it was transmitted , except that a notice sent under section 56(2D)
d: in proving the giving of notice by post or by delivery to a document exchange, it is sufficient to prove that—
i: the document was properly addressed; and
ii: all postal or delivery charges were paid; and
iii: the document was posted or was delivered to the document exchange:
e: in proving the giving of notice by facsimile machine, it is sufficient to prove that the document was properly transmitted by facsimile machine to the person concerned:
f: in proving the transmitting of notice by electronic means, it is sufficient to prove that the notice was properly transmitted by electronic means in accordance with the normal operating procedure of the JBMS
3: A notice is not to be deemed to have been given to a person if the person proves that, through no fault on the person's part, the notice was not received within the time specified or was not received at all Section 285(2)(b) amended 6 March 2007 section 23(1) Customs and Excise Amendment Act 2007 Section 285(2)(c) amended 6 March 2007 section 23(2) Customs and Excise Amendment Act 2007 Section 285(2)(f) amended 24 June 2014 section 32 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 285(3) amended 6 March 2007 section 23(3) Customs and Excise Amendment Act 2007
286: 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 purposes in respect of which areas used for those purposes are or are not required to be licensed as Customs controlled areas; and prescribing circumstances in respect of which areas used in any or all of those circumstances are—
i: exempted from the requirement to be licensed as a Customs controlled area (whether or not the exemption is on terms and conditions set by the chief executive):
ii: required to be licensed as a Customs controlled area:
b:
ba:
c: prescribing the circumstances in which and the period or periods of time for which no charges shall be made by the licensee of a Customs controlled area for the reception or storage of imported goods:
d: prescribing the content of the notice required to be given to the Customs by the person in charge of a craft under section 21
da: prescribing the deadline before which inward cargo reports must (under section 21A(2)
db: prescribing the deadline before which outward cargo reports must (under section 37A(2)
e: prescribing the time within which inward reports must (under section 26(2)(a)
f: prescribing the persons or classes of persons who are exempted from the requirements of sections 28 29 30 32
g: prescribing the craft or classes of craft that are exempt from the application of section 33 section 37
ga: prescribing the time within which advance notices of departure section 34
gb: prescribing, for the purposes of paragraph (e) of the definition of person concerned in the movement of goods, persons, or craft section 38A
gc: prescribing the form and manner in which the Customs must be given access to information under section 38D section 38E
h: prescribing the time within which goods to which section 39(1)
i: prescribing the time within which goods must be claimed for the purposes of section 39(4)(b)
j: prescribing the circumstances in which goods subject to the control of the Customs may be unloaded:
ja: prescribing the deadline before which transhipment requests must (under section 48A(2)
k: prescribing the time within which goods to which section 49(1)
l: prescribing the method by which the chief executive shall notify the rates of exchange of foreign currency to New Zealand currency:
m: prescribing the time within which goods to which section 70
n: prescribing the manner in which the volume of alcohol in an alcoholic beverage shall be specified on entry:
o: prescribing, for the purposes of section 85(2) or excise-equivalent duty
p: prescribing the records that are required to be kept for the purposes of section 95
pa: prescribing the form and manner in which the Customs must be given access to information under section 95A
q: prescribing exceptions, restrictions, or conditions to which the chief executive's power to refund or remit duty is subject:
r: prescribing the nature or value of sample goods that may be delivered free of duty and the conditions subject to which sample goods may be delivered free of duty:
s: prescribing the conditions subject to which a person may be released from a security given for the payment of duty on goods temporarily imported:
t: prescribing the conditions subject to which drawbacks of duty may be allowed, and the amounts of drawback that may be allowed:
u: prescribing the times within which Customs rulings must be made by the chief executive, which time shall, in the case of a ruling described in section 119(1)(c) section 120(2)
v: providing for the manner of taking, use, and disposal of samples of goods taken by Customs officers for the purpose of section 151
w: prescribing the kinds of securities that may be taken under section 156
x:
xa:
y:
ya: prescribing, for the purposes of section 132A(2)(c) Biosecurity Act 1993
yb: prescribing, for the purposes of section 135(1)(d)
yc: prescribing for the purposes of section 136(2)(b) section 136(2)(a)
z: prescribing the documents that a Customs officer may require and the form of declaration to be completed under section 147(2)
aa:
bb: prescribing the procedure to be followed in the making of applications to Customs Appeal Authorities and in the conduct of appeals by Customs Appeal Authorities:
cc: making any provision which may be necessary or desirable to enable Customs Appeal Authorities to publish their decisions:
dd: prescribing the manner by which the chief executive may exercise any power to sell goods under this Act, and the manner (including the order of priority) in which the proceeds of sale shall be dispersed:
ee: prescribing the working hours of the Customs, and providing for the fixing by the chief executive of particular working hours in respect of any particular place:
ff: prescribing the form of warrants, declarations, and notices for the purposes of this Act:
gg: prescribing offences in respect of the contravention of, or non-compliance with, any regulations made under this Act; and prescribing the fines, not exceeding $1,000, that may be imposed in respect of any such offence:
hh: conferring or providing for exemptions from any provision of any regulation made under this Act:
ii: 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: Without limiting subsection (1)(a), any regulations made under that provision prescribing areas used for the manufacture or processing of goods (other than tobacco) that are exempted from the requirement of section 10
a: as to the nature of the goods being manufactured or processed:
b: as to the source of the product being manufactured or processed:
c: limiting the use that may be made of the goods (for example, permitting personal use only):
d: limiting the age of any person involved in the manufacture or use of the goods:
e: limiting the quantity of goods that may be produced by any measure or other form of description.
2: Different dates for the payment of excise duty may be prescribed in accordance with subsection (1)(m) in respect of different classes of goods subject to excise duty, or different classes of persons, or on any other differential basis. 1966 No 19 s 306 1990 No 89 s 9 Section 286(1)(a) substituted 1 October 2008 section 6 Customs and Excise Amendment Act (No 2) 2008 Section 286(1)(b) repealed 24 June 2014 section 33(1) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 286(1)(ba) repealed 24 June 2014 section 33(1) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 286(1)(da) inserted 24 June 2014 section 33(2) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 286(1)(db) inserted 24 June 2014 section 33(2) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 286(1)(e) amended 24 June 2014 section 33(3) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 286(1)(ga) substituted 24 September 2009 section 17(1) Customs and Excise Amendment Act (No 3) 2008 Section 286(1)(ga) amended 24 June 2014 section 33(4) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 286(1)(gb) inserted 1 October 2004 section 44(3) Customs and Excise Amendment Act 2004 Section 286(1)(gc) inserted 1 October 2004 section 44(3) Customs and Excise Amendment Act 2004 Section 286(1)(ja) inserted 24 June 2014 section 33(5) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 286(1)(o) amended 9 October 2002 section 26 Customs and Excise Amendment Act (No 2) 2002 Section 286(1)(pa) inserted 1 October 2004 section 44(4) Customs and Excise Amendment Act 2004 Section 286(1)(x) repealed 24 June 2014 section 33(6) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 286(1)(xa) repealed 24 June 2014 section 33(6) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 286(1)(y) repealed 24 June 2014 section 33(6) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 286(1)(ya) inserted 24 June 2014 section 33(6) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 286(1)(yb) inserted 24 June 2014 section 33(6) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 286(1)(yc) inserted 24 June 2014 section 33(6) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 286(1)(aa) repealed 1 October 2012 section 229(1) Search and Surveillance Act 2012 Section 286(1A) inserted 24 September 2009 section 17(2) Customs and Excise Amendment Act (No 3) 2008
286A: Regulations relating to information sharing
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for the purpose of section 282B
a: specifying any agency or any class of agencies as an accessing agency:
b: specifying any information or any class of information held by a holder agency as border information available to an accessing agency:
c: specifying any agency or any class of agencies as a holder agency:
d: authorising an accessing agency to access border information held by a holder agency:
e: prescribing the conditions under which an accessing agency may access border information held by a holder agency.
2: Before recommending the making of regulations under this section, the Minister must consider the following matters and consult on them in accordance with subsection (3)
a: whether the proposed regulations are consistent with the purpose of section 282B
b: whether the border information to be made available to an accessing agency under the proposed regulations includes personal information:
c: if the border information to be made available to an accessing agency under the proposed regulations includes personal information,—
i: the amount of personal information to be made available:
ii: whether that personal information represents a significant or negligible proportion of the border information:
iii: the sensitivity of that personal information:
iv: the level of accuracy of that personal information:
v: whether the proposed regulations will be consistent with, or will detract from, the information privacy principles of the Privacy Act 1993
vi: whether there are alternative ways to achieve the purpose of section 282B
3: The Minister must—
a: consult with the following:
i: the Privacy Commissioner:
ii: the agencies that may be affected by the proposed regulations:
iii: those organisations considered by the Minister to be representative of interests likely to be substantially affected by the proposed regulations:
iv: members of the public; and
b: give public notice of the consultation being undertaken; and
c: take the results of the consultation into account. Section 286A inserted 6 April 2012 section 27 Customs and Excise Amendment Act 2012
286B: Regulations are confirmable instruments
The explanatory note of regulations made under section 286A
a: they are a confirmable instrument under section 47B
b: they are revoked at a time stated in the note, unless earlier confirmed by an Act of Parliament; and
c: the stated time is the applicable deadline under section 47C(1)(a) or (b) Section 286B replaced 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015
287: Regulations for fees, charges, and expenses
1: Without limiting the power to make regulations conferred by any other section of this Act, but subject to the provisions of this Act, the Governor-General may from time to time, by Order in Council, make regulations—
a: prescribing the amounts of fees and charges payable under this Act or the method by which they are to be assessed, and the persons liable for payment of the fees and charges:
b: prescribing a rate or rates of charges for the attendance of Customs officers for the purposes of this Act:
c: providing for the liability of any person to pay any actual and reasonable expenses incurred by any Customs officer in respect of any attendance by that officer for the purposes of this Act:
d: prescribing the person or persons or classes of persons by whom the charges or expenses referred to in paragraphs (b) and (c) shall be paid, or authorising the chief executive to determine the person by whom they shall be paid.
2: Different rates of fees or charges, or both, may be prescribed in accordance with subsection (1)(a) in respect of different classes of persons, or different types of Customs controlled areas, or on any other differential basis.
3: Different rates of charges may be prescribed in accordance with subsection (1)(b) in respect of attendances during the working hours of the Customs or attendances outside the working hours of the Customs, or on any other differential basis.
4: Any regulation made under subsection (1) may—
a: prescribe the circumstances in which any fee, charge, or expense may be refunded, remitted, or waived, in whole or in part:
b: fix a date by which any fee or charge is to be paid.
5: This section does not authorise the making of regulations prescribing fees and charges to recover the costs of processing travellers to which the Airports (Cost Recovery for Processing of International Travellers) Act 2014 Section 287(5) inserted 15 February 2014 section 21(1) Airports (Cost Recovery for Processing of International Travellers) Act 2014
287A: Incorporation of provisions by reference in regulations
1: Regulations made under this Act (for example, regulations made under section 65
a: an international trade agreement to which New Zealand is a party (for example, a free trade agreement); or
b: another document made to give effect to such an agreement.
2: The provisions may be incorporated in the regulations—
a: in whole or in part; and
b: with modifications, additions, or variations specified in the regulations.
3: The incorporated provisions—
a: are the provisions as they exist at the time that the regulations are made; and
b: form part of the regulations for all purposes and have legal effect accordingly. Section 287A inserted 8 December 2009 section 23 Customs and Excise Amendment Act 2009
287B: Effect of amendments to, or replacement of, provisions incorporated by reference
An amendment to, or replacement of, provisions incorporated under section 287A Section 287B inserted 8 December 2009 section 23 Customs and Excise Amendment Act 2009
287C: Proof of provisions incorporated by reference
1: A copy of the provisions incorporated under section 287A
a: certified as a correct copy of the provisions by the chief executive; and
b: retained by the chief executive.
2: The production in proceedings of a certified copy of the provisions is, in the absence of proof to the contrary, sufficient evidence of the incorporation in the regulations of the provisions. Section 287C inserted 8 December 2009 section 23 Customs and Excise Amendment Act 2009
287D: Access to provisions incorporated by reference
1: The chief executive must—
a: ensure that copies of any provisions incorporated under section 287A
b: ensure that copies of the provisions are published on an Internet site that is, so far as practicable, publicly available free of charge; and
c: ensure that copies of the provisions are available for purchase at a reasonable price at places specified in a notice given under paragraph (d); and
d: give notice in the Gazette
i: the provisions are incorporated in particular regulations and the date on which the regulations were made; and
ii: copies of the provisions are available (at all reasonable times) for inspection during working hours, free of charge, at specified places; and
iii: copies of the provisions are available on a specified Internet site; and
iv: copies of the provisions can be purchased at specified places.
2: A failure to comply with this section does not invalidate regulations that incorporate provisions under section 287A Section 287D inserted 8 December 2009 section 23 Customs and Excise Amendment Act 2009
287E: Application of Legislation Act 2012 to provisions incorporated by reference
1: Part 2 section 287A
2: Subpart 1 section 287A
3: However, nothing in section 41 section 287A Section 287E replaced 5 August 2013 section 77(3) Legislation Act 2012
287F: Application of Regulations (Disallowance) Act 1989 to provisions incorporated by reference
Section 287F repealed 5 August 2013 section 77(3) Legislation Act 2012
288: Chief executive may make rules for certain purposes
1: The chief executive may from time to time make rules for all or any of the following purposes:
aaa: prescribing the form and content of, and the procedure to be followed in making, an application for an area to be licensed as a Customs controlled area:
aab: prescribing the form and content of, and the procedure to be followed in making, an application for an area to be licensed as a CASE:
a: prescribing the form and content of, and the particulars to be verified by declaration in, inward reports or advance notices of departure and the manner in which those reports must be delivered to the Customs
aa: prescribing the form and manner in which an inward cargo report under section 21A
b:
c: prescribing the form, or forms, of certificates of clearance to be issued under this Act:
ca: prescribing the form and manner in which an outward cargo report under section 37A
d: prescribing the form and manner in which goods to which section 39(1)
da: prescribing the form and manner in which a transhipment request under section 48A
e: prescribing the form and manner in which goods to which section 49(1)
f: prescribing the form and manner in which goods to which section 70
g: prescribing the manner in which the volume of alcohol in an alcoholic beverage is to be ascertained for the purposes of this Act:
h: prescribing the form of application for a Customs ruling:
ha: prescribing the form of application for registration as a JBMS user, and the information to be provided by the applicant:
i: prescribing the form and manner in which , and the time within which,
i: goods exempted from the requirements of section 39(1) section 40(c)
ii: goods deemed to be entered for the purposes of section 39(1) section 40(d)
iii: goods exempted from the requirements of section 49(1) section 50(a)
iv: goods deemed to be entered for the purposes of section 49(1) section 50(b)
j: setting out, for the information of registered JBMS users, the form and manner for the time being generally approved in writing under a border management function Act (as defined in subsection (1A)
1A: Border management function Act
a: this Act ( see section 134B(3)(b)
b: the Biosecurity Act 1993 see section 7E(3)(b)
c: an Act that is specified by regulations under section 165A section 41A(1) see section 7E(3)(b)
d: the Agricultural Compounds and Veterinary Medicines Act 1997 see section 4B(3)(b)
e: the Animal Products Act 1999 see section 6A(3)(b)
f: the Food Act 2014 see section 132
g: the Hazardous Substances and New Organisms Act 1996 see section 97AA(3)(b)
h: the Wine Act 2003 see section 113A(3)(b)
2: The power to prescribe forms under this section includes the power to prescribe electronic message formats to be used for the electronic transmission of data to or between computers.
2A: No rule under subsection (1)(j) subsection (1A)
a: agreed in writing between the chief executive and the chief executive of the department of State for the time being responsible for that Act's administration; and
b: for the purpose of developing all, or any specified, proposed rules of that kind; and
c: promptly after it is agreed or amended, revoked, or revoked and replaced, notified via an Internet site that is, so far as practicable, publicly available free of charge.
3: Every rule made under this section shall be signed by the chief executive.
4: The power of the chief executive to make rules under this section shall not be delegated to any other person.
5: Every rule made under any paragraph (except paragraph (d), (e), or (f)) Gazette
6: Where any rule is made under paragraph (d), (e), or (f) of subsection (1), the chief executive shall arrange for the publication in the Gazette
7: Where any rule is published or notified in the Gazette
8: The chief executive shall make copies of the rules available—
a: for inspection by members of the public free of charge; and
b: for purchase by members of the public at a reasonable price.
9: On the revocation of any rule made under subsection (1), subsection (8) shall cease to apply in relation to that rule.
10: Every rule made under this section shall come into force on the 28th day after the date of its publication or notification, as the case may be, in the Gazette
11: Every rule made under subsection (1) is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 section 41
12: The chief executive may, from time to time, amend or revoke any rules made under subsection (1), and the provisions of this section, with all necessary modifications, shall apply in respect of any such amendment or revocation. Section 288(1)(aaa) inserted 24 June 2014 section 35(1) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 288(1)(aab) inserted 24 June 2014 section 35(1) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 288(1)(a) amended 24 June 2014 section 35(2) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 288(1)(a) amended 24 September 2009 section 18 Customs and Excise Amendment Act (No 3) 2008 Section 288(1)(a) amended 2 July 2004 section 45(a) Customs and Excise Amendment Act 2004 Section 288(1)(aa) inserted 24 June 2014 section 35(3) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 288(1)(b) repealed 6 March 2007 section 24(1) Customs and Excise Amendment Act 2007 Section 288(1)(ca) inserted 24 June 2014 section 35(4) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 288(1)(da) inserted 24 June 2014 section 35(5) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 288(1)(ha) inserted 24 June 2014 section 35(6) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 288(1)(i) added 9 October 2002 section 27 Customs and Excise Amendment Act (No 2) 2002 Section 288(1)(i) amended 2 July 2004 section 45(c) Customs and Excise Amendment Act 2004 Section 288(1)(j) inserted 24 June 2014 section 35(7) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 288(1A) inserted 24 June 2014 section 35(8) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 288(1A)(f) amended 1 March 2016 section 447 Food Act 2014 Section 288(2A) inserted 24 June 2014 section 35(9) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 288(5) amended 24 June 2014 section 35(10) Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 288(11) replaced 5 August 2013 section 77(3) Legislation Act 2012
288A: Use of reasonable force must be reported
A Customs officer must, within 5 working days of using reasonable force under any provision of this Act, give the chief executive a written report on—
a: the use of the force; and
b: the circumstances in which it was used. Section 288A inserted 2 July 2004 section 46 Customs and Excise Amendment Act 2004 Levies for recovering border processing costs Heading inserted 28 May 2015 section 4 Customs and Excise Amendment Act 2015
288B: Levies for recovering border processing costs
1: In this section, traveller
2: Every traveller who on or after 1 January 2016 arrives in or departs New Zealand is liable, while there is a levy order in force under subsection (3), to pay a levy to the chief executive in relation to the costs incurred by the Customs in, or for the purpose of, exercising its powers or performing its functions, under this Act or any other Act, in relation to travellers and their accompanying baggage (or other goods in their possession or under their control).
3: The Governor-General may, by Order in Council, on the recommendation of the Minister, make a levy order prescribing—
a: the rate of levy or the basis on which the rate is to be calculated or ascertained; and
b: insofar as the order does not set an actual rate, how the actual rate of the levy is to be set; and
c: when and how the levy is to be paid; and
d: how the rate of the levy, and any variation of the rate, is to be notified.
4: The Minister must, before recommending that a levy order be made under this section, consult with such persons, representative groups, government departments, and Crown agencies as he or she considers reasonable and appropriate in the circumstances.
5: A levy order must not be made in respect of the costs that are otherwise recovered or otherwise to be recovered under this Act or the Airports (Cost Recovery for Processing of International Travellers) Act 2014
6: A levy order made under this section—
a: is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012
b: must be presented to the House of Representatives under section 41 Section 288B inserted 28 May 2015 section 4 Customs and Excise Amendment Act 2015
288C: Contents of border processing levy order
1: A levy order under section 288B
a: prescribe different rates of levy, on any differential basis, for different persons or different classes of persons:
b: prescribe a maximum rate or maximum rates of levy:
c: exempt certain persons or classes of persons from the requirement to pay the levy:
d: prescribe persons responsible for collecting the levy from those primarily responsible for paying it:
e: allow persons collecting the levy to recover the costs of collecting the levy and, if so, prescribe the basis on which those costs are to be calculated or ascertained:
f: require that returns be made to the chief executive or some other person or body to enable the amounts of levy payable to be calculated, determined, or verified:
g: provide, subject to such conditions as may be prescribed, for extensions of time for the payment of the levy:
h: provide for the payment of additional or increased levy in the event of late payment or non-payment:
i: provide for circumstances in which levy paid may be refunded:
j: require that levy funds payable be held on trust in separate accounts.
2: Every order must,—
a: for the purpose of determining whether an order is being complied with, require any of the following persons to keep statements, accounts, or records of specified classes or descriptions:
i: the chief executive:
ii: persons responsible for collecting the levy:
iii: persons responsible for paying the levy; and
b: provide for those statements, accounts, or records to be retained for a specified period; and
c: provide for the remuneration of auditors under section 288G(2) 1993 No 95 ss 140 141A Section 288C inserted 28 May 2015 section 4 Customs and Excise Amendment Act 2015
288D: Trust accounts for levy money payable to chief executive
1: If a levy order provides that the levy funds payable are to be held on trust in separate accounts, each person responsible for collecting the levy must—
a: keep a bank account at a registered bank; and
b: ensure that the account is so named as to identify that it is a trust account kept by the person responsible for collecting the levy for the purposes of the order; and
c: take all practicable steps to ensure that—
i: the account is used only for holding amounts required to be deposited under this section; and
ii: the balance in the account on any day is not less than the amount outstanding on that day to the chief executive.
2: A person responsible for collecting a levy must deposit in a trust account an amount equal to the levy calculated in accordance with the levy order on the day or days specified in, or calculated in accordance with, that order.
3: If the amount held in the trust account—
a: is more than the amount of levy money that is outstanding to the chief executive, the amount outstanding is deemed to be held on trust for the chief executive:
b: is the same as or less than the amount that is outstanding, all the money in the account is deemed to be held on trust for the chief executive.
4: Money deemed by subsection (3) to be held on trust is not available for the payment of, and is not liable to be attached or taken in execution at the instance of, any creditor of the person responsible for collecting the levy (other than the chief executive).
5: A person who ceases to be a person responsible for collecting a levy must continue to maintain the trust account until all the levy money payable to the chief executive, in respect of the period during which that person was responsible for collecting the levy, has been paid.
6: Nothing in subsection (5) limits or affects any obligation or liability under this Act of any person who has become responsible for collecting the levy.
7: In this section,— levy order section 288B registered bank section 2(1) trust account 1993 No 95 s 140A Section 288D inserted 28 May 2015 section 4 Customs and Excise Amendment Act 2015
288E: Effect of levy order
If a levy order is made under section 288B
a: every person responsible for paying or collecting the levy must do so; and
b: the chief executive may recover the levy in any court of competent jurisdiction as a debt due from any person responsible for paying or collecting it. 1993 No 95 s 141 Section 288E inserted 28 May 2015 section 4 Customs and Excise Amendment Act 2015
288F: Compliance audits
1: While an order under section 288B
2: The purpose of an audit under this section is to ascertain—
a: the extent to which persons responsible for paying or collecting the levy concerned are doing or have done so:
b: the extent to which appropriate amounts of the levy concerned are being or have been paid over to the chief executive:
c: the extent to which statements, accounts, and records are being or have been kept or properly kept. 1993 No 95 ss 141B(1), (2) 141C Section 288F inserted 28 May 2015 section 4 Customs and Excise Amendment Act 2015
288G: Auditors
1: A person is not qualified to be an auditor for the purpose of section 288F
a: the person is not a qualified auditor within the meaning of section 35
b: the person is an officer or employee of—
i: the chief executive:
ii: any person responsible for collecting the levy concerned:
iii: any person responsible for paying the levy concerned.
2: Every person appointed as an auditor is entitled to remuneration paid by the chief executive as provided for in the relevant levy order.
3: For the purposes of conducting an audit, an auditor may—
a: require any specified person to produce, and the person must produce, for inspection within a reasonable period specified by the auditor any statements, accounts, and records—
i: that are required to be kept under section 288C(2)
ii: that are in that person’s possession or under that person’s control:
b: take copies of, or extracts from, those statements, accounts, and records.
4: The persons referred to in subsection (3)(a) are—
a: the chief executive:
b: any person responsible for collecting the levy:
c: any employee or officer of a person in paragraph (a) or (b).
5: Every direction under subsection (3) must contain—
a: a reference to this section; and
b: the full name of the auditor; and
c: a statement of the powers conferred on the auditor by that subsection.
6: An auditor must not disclose to any person other than the Minister (or a person authorised in that behalf by the Minister) any information obtained by the auditor under subsection (3), except in respect of—
a: a prosecution under this Act:
b: an action for the recovery of any amount due under this Act.
7: To avoid doubt, the Official Information Act 1982 1993 No 95 ss 141B(3)–(5) 141D Section 288G inserted 28 May 2015 section 4 Customs and Excise Amendment Act 2015
288H: Offences in relation to levy orders
1: A person commits an offence against this Act who fails to keep or maintain statements, accounts, or records that are required to be kept or maintained under an order made under section 288B
2: A person commits an offence against this Act who fails to make a return that the person is required to make by an order made under section 288B
3: A person commits an offence against this Act who makes a return that the person is required to make by an order made under section 288B
4: A person commits an offence against this Act who fails to comply with a requirement imposed under section 288G(3)(a)
5: Every person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of a body corporate, to a fine not exceeding $15,000.
6: Every person who commits an offence against subsection (2) or (4) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $1,000:
b: in the case of a body corporate, to a fine not exceeding $3,000.
7: Every person who commits an offence against subsection (3) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $30,000. 1993 No 95 ss 154N(15), (16) 154O(7) Section 288H inserted 28 May 2015 section 4 Customs and Excise Amendment Act 2015
288I: Section 288H strict liability offences
1: This section applies to the offences in section 288H(1), (2), and (4)
2: The offences are strict liability offences and the prosecution is not required to prove that a defendant intended to commit the offence.
3: The defendant will have a defence if the defendant proves that—
a: the action or event to which the prosecution relates was due to—
i: the act or omission of another person; or
ii: an accident; or
iii: some other cause or circumstance outside the defendant's control; and
b: the defendant took all reasonable precautions, and exercised due diligence, to avoid the commission of the offence.
4: The defence in subsection (3) is only available if the defendant gives a written notice to the prosecutor at least 15 working days before the hearing date, or within such other time as the court allows, that—
a: states the defendant's intention to rely on the defence; and
b: includes facts that support the defence. 1993 No 95 s 154N Section 288I inserted 28 May 2015 section 4 Customs and Excise Amendment Act 2015 Consequential amendments, revocations, and repeals Heading inserted 28 May 2015 section 4 Customs and Excise Amendment Act 2015
289: Acts and regulations amended
1: The Acts specified in Schedule 5
2: The regulations specified in Schedule 6
290: Repeals and revocations
1: The enactments specified in Schedule 7
2: The regulations, orders, and notices specified in Schedule 8 Validation and savings provisions
291: Validation of acts done pursuant to Customs Duties Suspension (Inter-Governmental Agreements) Order 1963
Any act done pursuant to and in accordance with the provisions of the Customs Duties Suspension (Inter-Governmental Agreements) Order 1963 (SR 1963/150)
292: Savings for proceedings and other matters
1: The repeal of the Customs Act 1966 section 290
a: proceedings commenced in any court before the commencement of this Act:
b: the laying of any information pursuant to section 259 of the Customs Act 1966
c: an application under subsection (1) of section 19A of the Customs Act 1966
d: any Tariff classification opinion given by a Collector of Customs under section 19A of the Customs Act 1966
e: any referral under section 19B(2) of the Customs Act 1966
f: any appeal under section 19C(1) of the Customs Act 1966 section 19A of that Act
g: any application under section 140(3) of the Customs Act 1966
h: any appeal under section 140A(1) of the Customs Act 1966
i: any application for a determination or any determination made under section 151C of the Customs Act 1966
j: any appeal under section 151I of the Customs Act 1966 section 151C of that Act
k: any right or proceedings relating to a refund, remission, or drawback of duty under any of sections 171 to 177, and 183 of the Customs Act 1966
l: any right to recover money under section 182 of the Customs Act 1966
m: any application made to the Comptroller of Customs under section 287 of the Customs Act 1966
n: the condemnation of any goods in accordance with section 283 of the Customs Act 1966
2: For the purposes of subsection (1), the provisions of the Customs Act 1966
293: Savings provision in relation to Customs officers
A person who, immediately before the commencement of this Act, was an officer of Customs appointed in accordance with section 8 of the Customs Act 1966
293A: Saving of agreements made under section 280M before commencement of section 257 of Intelligence and Security Act 2017
Every agreement made under section 280M section 257 section 280M section 257 Section 293A inserted 1 April 2017 section 258 Intelligence and Security Act 2017 Transitional provisions
294: Transitional provision relating to terminology
1: Subject to any other provisions of this Act, and unless the context otherwise requires, every reference in any enactment, regulation, rule, order, or in any document in force or existing immediately before the commencement of this Act to the Customs Department shall, on and after the commencement of this Act, be read as a reference to the New Zealand Customs Service established by this Act.
2: Subject to any other provisions of this Act, and unless the context otherwise requires, every reference in any enactment, regulation, rule, order, or in any document in force or existing immediately before the commencement of this Act to an officer of Customs shall, on and after the commencement of this Act, be read as a reference to a Customs officer appointed under this Act.
3: Subject to any other provisions of this Act, and unless the context otherwise requires, every reference in any enactment, regulation, rule, order, or in any document in force or existing immediately before the commencement of this Act to the Comptroller of Customs shall, on and after the commencement of this Act, also be read as a reference to the chief executive of the New Zealand Customs Service.
4: On and after the commencement of this Act,—
a: all proceedings that were pending by or against the Customs Department immediately before the commencement of this Act may be carried on, completed, or enforced by or against the New Zealand Customs Service; and
b: all rights and obligations of the Customs Department existing immediately before the commencement of this Act shall become the rights and obligations of the New Zealand Customs Service.
5: Every reference in any enactment in force immediately before the commencement, on 1 October 1996, of this Act to Schedule 3 of the Customs Act 1966 must, on and after that commencement, be read as a reference to (as the case may be)—
a: Schedule 3
b: the Excise and Excise-equivalent Duties Table. Section 294(5) substituted 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009
295: Transitional provision concerning assessment and payment of duty
The provisions of the Customs Act 1966 and all regulations, Orders in Council, warrants, and acts of authority under that Act shall continue in force and apply to—
a: the payment of duty payable before the commencement of this Act:
b: the assessment and payment of duty assessable before the commencement of this Act— as if this Act had not been passed.
296: Examination station deemed to be Customs controlled area
Any place that was, immediately before the commencement of this Act, an examination station appointed by the Comptroller of Customs in accordance with section 31 of the Customs Act 1966 section 12 paragraphs (d) and (e) of section 10
297: Examining place, Customs containerbase, sufferance wharf, and wharf deemed to be Customs controlled area
1: Any place that was, immediately before the commencement of this Act,—
a: an examining place appointed by the Comptroller of Customs in accordance with section 32 of the Customs Act 1966
b: a Customs containerbase appointed by the Comptroller of Customs in accordance with section 32A of the Customs Act 1966
c: a sufferance wharf appointed by the Comptroller of Customs in accordance with section 29 of the Customs Act 1966 shall be deemed for the purposes of this Act to be a Customs controlled area licensed under section 12 section 10(c)
2: Any place that was, immediately before the commencement of this Act, a wharf appointed by the Comptroller of Customs in accordance with section 28 of the Customs Act 1966 section 12 section 10(d)
298: Staff accommodation, facilities, and transit buildings deemed to be Customs controlled area
1: Any place that was, immediately before the commencement of this Act,—
a: staff accommodation or facilities directed by the Minister of Customs to be for the exclusive use of officers of Customs pursuant to section 33(1)(a) of the Customs Act 1966
b: a transit building declared by the Minister of Customs to be required pursuant to section 33(1)(b) of the Customs Act 1966 shall be deemed for the purposes of this Act to be a Customs controlled area licensed under section 12 paragraphs (d) and (e) of section 10
2: Where any area in any place referred to in subsection (1)(a) of this section was, immediately before the commencement of this Act, entitled to be exempt from charges in accordance with section 33(2A) of the Customs Act 1966 section 302
299: Export warehouse deemed to be Customs controlled area
Any place that was, immediately before the commencement of this Act, an export warehouse licensed under the Customs Act 1966 section 12 section 10(b)
300: Manufacturing area deemed to be Customs controlled area
Any place that was, immediately before the commencement of this Act, a manufacturing area licensed under the Customs Act 1966 section 12 section 10(a)
301: Transitional provision relating to conditions of appointment or licence
Any specification, limitation, condition, or restriction that, immediately before the commencement of this Act, applied to any examination station, examining place, Customs containerbase, wharf, sufferance wharf, export warehouse, or manufacturing area shall continue to apply notwithstanding the passing of this Act until an application in respect of that area has been made in accordance with section 302
302: Application for licence as Customs controlled area to be made within 40 working days
Not later than 40 working days after the commencement of this Act the owner or occupier of or person operating in any area to which sections 296 to 300 section 11
303: Transitional status to continue until application made and disposed of
1: Subject to subsection (2), an area that is deemed to be a Customs controlled area under any of sections 296 to 300 section 302
2: Where, at the expiry of the period specified in section 302 sections 296 to 300
304: Transitional provision relating to persons approved to defer payment of duty
1: Subject to subsection (2) of this section, every person who, immediately before the commencement of this Act, was approved under section 152A(2) of the Customs Act 1966 section 86(6)
2: As soon as practicable after the commencement of this Act the chief executive shall issue to the person referred to in subsection (1) a notice under this Act specifying the terms and conditions applicable for the deferment of duty in place of the conditions imposed under section 152A of the Customs Act 1966
3: Notwithstanding the provisions of subsection (2), the chief executive may vary or cancel any approval to which subsection (1) applies, or may vary or cancel any term or condition affecting the approval.
305: Transitional provision relating to businesses not required to be licensed
1: Where, immediately before the commencement of this Act, a person carrying on business as a manufacturer of goods specified in Schedule 3 section 110 of the Customs Act 1966 section 12(4)
2: A direction of the chief executive deemed to be given under subsection (1) shall be deemed to be given in respect of the part of the business and the areas specified in the direction given by the Minister under the Customs Act 1966
3: Not later than 40 working days after the commencement of this Act, a person to whom this section applies shall make an application under this Act for the area in which the person carries on business as described in subsection (1) to be licensed as a Customs controlled area, and all the provisions of this Act shall apply to that application.
4: An area described in subsection (1) of this section shall continue to be deemed to be an area in respect of which the chief executive has given a direction under section 12(4)
5: Where, at the expiry of the period specified in subsection (3) of this section, no application has been made in accordance with that subsection, that area shall cease to be an area in respect of which the chief executive has given a direction under section 12(4)
305A: Transitional provisions relating to investigations of offences under Customs Act 1966
1: A person who may exercise a power under any of sections 146 152 160 161 165 166 and 167 Customs Act 1966
2: For the purposes of subsection (1), a reference to this Act—
a: in relation to any offence in sections 152(1) 165(1) 166(1) 167(1)
b: in relation to goods in section 160(1)
c: in relation to a thing in section 167(1)(c) is taken to include a reference to the Customs Act 1966
3: After exercising, by virtue of subsection (1), any power under this Act in relation to a suspected offence against the Customs Act 1966 Customs Act 1966
4: Nothing in this section limits or affects the application of section 19 Customs Act 1966 Section 305A inserted 3 June 1998 section 9 Customs and Excise Amendment Act (No 2) 1998 Section 305A(1) amended 1 October 2012 section 229(2) Search and Surveillance Act 2012 Section 305A(4) amended 1 November 1999 section 38(1) Interpretation Act 1999
306: Power to amend Schedule 3 before this Act comes into force
Section 306 repealed 1 January 2010 section 11(3) Customs and Excise Amendment Act 2009
306A: Transitional and savings provisions relating to amendments to this Act
The transitional and savings provisions set out in Schedule 1AA Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Section 306A inserted 24 June 2014 section 36 Customs and Excise (Border Processing—Trade Single Window and Duties) Amendment Act 2014 Amendment to Goods and Services Tax Act 1985
307: Zero-rating—duty-free goods
1: Amendment(s) incorporated in the Act(s)
2: This section shall apply to supplies made on or after 1 October 1986. Amendments to Tariff Act 1988 Heading repealed 1 January 2010 section 9(6) Tariff Amendment Act 2009
308: Tariff items substituted
Section 308 repealed 1 January 2010 section 9(6) Tariff Amendment Act 2009
309: New concession reference inserted
Section 309 repealed 1 January 2010 section 9(6) Tariff Amendment Act 2009 |
DLM407222 | 1996 | Wildlife Amendment Act (No 2) 1996 | 1: Short Title
This Act may be cited as the Wildlife Amendment Act (No 2) 1996, and shall be read together with and deemed part of the Wildlife Act 1953
2: Regulations
This section inserted s 72(3A) (3B)
3: Validation of fees
Notwithstanding anything in section 72 Wildlife Act 1953 Wildlife Regulations 1955 |
DLM393246 | 1996 | Stamp and Cheque Duties Amendment Act 1996 | 1: Short Title, application, and commencement
1: This Act may be cited as the Stamp and Cheque Duties Amendment Act 1996, and shall be read together with and deemed part of the Stamp and Cheque Duties Act 1971
2: Except as provided in subsections (3) (4)
a: Every instrument of conveyance executed; and
b: Every bill of exchange made, drawn, or prepaid under section 81 82 83
c: Every liable transaction entered into,— on or after the 1st day of April 1997.
3: Except as provided in subsection (4) sections 6 13 14
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
Section 2 partnership Penalty Tax Administration Act 1994
3: Conveyance by direction of intermediary
1: Section 16 subsection (4)
2: Section 5 Stamp and Cheque Duties Amendment Act 1977
4: Time for presentation
Section 50
a: By repealing subsection (2)(c)
b: By repealing subsection (3)
5: Requirement that instrument be presented for stamping
Section 53 subsection (2)
6: Assessment conclusive
Section 56 this Act and Part VIIIA of the Tax Administration Act 1994
7: Penalty for late presentation
Section 57
8: Due date for payment of stamp duty
The principal Act is amended by repealing section 58
58:
1: The due date for payment of stamp duty in respect of an instrument executed—
a: In New Zealand, is 6 months after the date of execution of the instrument; and
b: Outside New Zealand, is 6 months after the date of its first receipt in New Zealand after execution.
9: Penalty proportionately reduced on reduction of duty
Section 59
10: Remission of penalties
Section 60
11: Refund of duty or penalty on application
Section 68 subsection (1)
12: Unstamped instruments ineligible for registration
Section 70 subsection (3)
13: Application of
Parts 4A 8A Tax Administration Act 1994 The principal Act is amended by inserting, after section 71
71A:
1: Parts IVA and VIIIA of the Tax Administration Act 1994 section 124A(2)(a) of the Tax Administration Act 1994
2: Subsection (1)
14: Repeal of
Part 5
1: Part 5
2: Notwithstanding subsection (1) Part 5
a: That is issued by the Commissioner under the principal Act before the 1st day of October 1996; or
b: That is referred to in section 71A(2) section 13
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 5
15: Cheque duty payable by licensed banks
Section 81 subsection (6)
16: Cheque duty payable by licensed printers
Section 82 subsection (6)
17: Cheque duty payable by other licensees
Section 83 subsection (4)
18: Cheque duty payable otherwise than under a licence
Section 84 subsection (9)
19: Payment of credit card transaction duty
Section 86D section 7 Stamp and Cheque Duties Amendment Act 1981 subsection (4)
20: Interest on unpaid credit card transaction duty
Section 86E
21: Offence to give false information
Section 86N section 2 of the Stamp and Cheque Duties Amendment Act (No 2) 1991
22: Repeal of miscellaneous provisions in
Part 7
1: Sections 87 88 89 90(2) 91(3) 92A 93 94
2: Section 6(1) Stamp and Cheque Duties Amendment Act 1977
23: Evidence inconsistent with instrument not applicable to reduce stamp duty
Section 95
24: Application of
Part 9 Tax Administration Act 1994 The principal Act is amended by inserting, after section 99
99A: Part IX of the Tax Administration Act 1994 |
DLM393752 | 1996 | United Nations Convention on the Law of the Sea Act 1996 | 1: Short Title and commencement
1: This Act may be cited as the United Nations Convention on the Law of the Sea Act 1996.
2: This Act shall come into force on 1 August 1996.
1: Preliminary provisions
2: Interpretation
In this Act, unless the context otherwise requires,— activity Area Convention Crown entity Public Finance Act 1989 department Public Finance Act 1989 licence section 7 Minister Secretary State enterprise State-Owned Enterprises Act 1986 United Nations Convention on the Law of the Sea art 1(1), (3)
3: Meaning of State Party
1: In this Act, the term State Party
a: a State; or
b: a self-governing associated State of a kind referred to in paragraph (c) or paragraph (d) of article 305, paragraph 1, of the Convention; or
c: a territory of a kind described in paragraph (e) of article 305, paragraph 1, of the Convention; or
d: an international organization of a kind described in paragraph (f) of article 305, paragraph 1, of the Convention— in relation to which the Convention is in force.
2: The Secretary may from time to time certify in writing that—
a: a State; or
b: a self-governing associated State of a kind referred to in paragraph (c) or paragraph (d) of article 305, paragraph 1, of the Convention; or
c: a territory of a kind described in paragraph (e) of article 305, paragraph 1, of the Convention; or
d: an international organization of a kind described in paragraph (f) of article 305, paragraph 1, of the Convention— is or was at the time specified in the certificate one in relation to which the Convention is or was in force, and may at any time revoke such a certificate.
3: Any certificate under subsection (2) shall, in the absence of evidence to the contrary, be conclusive evidence of the matters to which it relates.
4: Any court or any person acting judicially to which or to whom, in any proceeding, any certificate under subsection (2) is produced shall take judicial notice of the signature on it of the Secretary.
5: For the purposes of subsection (4),— court the District Court person acting judicially proceeding
a: a proceeding conducted by a court; and
b: any interlocutory or other application to a court connected with a proceeding. Section 3(5) substituted 1 August 2007 section 216 Evidence Act 2006 Section 3(5) court amended 1 March 2017 section 261 District Court Act 2016
4: Act to bind the Crown
1: Except as expressly provided in subsection (2), this Act binds the Crown.
2: Where it is alleged that a Crown entity or a department has contravened section 8
a: the Secretary, or any person directly affected by the act or omission alleged to constitute the contravention, may apply to the High Court for a declaration that the Crown entity or department has contravened that section; and
b: if satisfied beyond reasonable doubt that the Crown entity or department has contravened that section, the court may make a declaration to that effect.
2: The Area
5: Purpose
The purpose of this Part is to give effect in the law of New Zealand to provisions of Part XI of the Convention.
6: Persons to have licences to carry out activities in Area
1: No—
a: Crown entity; or
b: department; or
c: State enterprise; or
d: body incorporated or constituted under the law of New Zealand— shall carry out any activity in the Area except in pursuance of a licence.
2: Subject to subsection (3), no New Zealand citizen shall carry out any activity in the Area except in pursuance of a licence.
3: The Minister may waive the requirement for a New Zealand citizen to carry out any activity in the Area pursuant to a licence where the Minister is satisfied—
a: that the New Zealand citizen is to carry out, or is carrying out, any activity in the Area on behalf of—
i: a State Party other than New Zealand; or
ii: a body that, under the law of a State Party other than New Zealand, is equivalent to a Crown entity, a department, or a State enterprise; or
iii: a body incorporated or constituted under the law of a State Party other than New Zealand; or
iv: a national of a State Party other than New Zealand; and
b: that the activity to be, or being, carried out has been authorised by the relevant State Party in accordance with the Convention. 1964 No 28 s 5(1)
7: Grant of licences
1: Subject to subsection (2), the Minister may from time to time, on application, grant, to any person who pursuant to section 6
2: The Minister shall not grant a licence unless the Minister is satisfied that the granting of the licence is consistent with New Zealand's rights and obligations under Part XI of the Convention.
3: Subject to subsection (4), every licence shall be subject to such conditions as the Minister, when granting it, thinks fit to impose in the circumstances of each particular case.
4: The Minister shall not impose a condition on a licence unless the Minister is satisfied that the condition is consistent with New Zealand's rights and obligations under Part XI of the Convention.
5: Any number of licences may be granted to the same person. 1964 No 28 s 5(2), (3), (5)
8: Offence to carry out activities without licence
1: Every person who, pursuant to section 6
2: Every person who commits an offence against this section is liable on
3: On convicting any person of an offence against this section, the court may, in addition to imposing a penalty under subsection (2), order that person to pay an amount not exceeding 3 times the value of any commercial gain resulting from the commission of that offence if the court is satisfied that the offence was committed in the course of producing a commercial gain.
4: For the purposes of subsection (3), the value of any gain shall be assessed by the court, and any amount ordered to be paid shall be recoverable in the same manner as a fine. 1964 No 28 s 5(7) 1994 No 104 s 409 Section 8(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
9: Application of criminal and civil law
1: For the purposes of this Act and of every other enactment (whether passed before or after the passing of this Act) and of every rule of law for the time being in force in New Zealand,—
a: every activity carried out in the Area by a person who, pursuant to section 6
b: every court in New Zealand that would have jurisdiction (whether civil or criminal) in respect of that activity if it had taken place in New Zealand shall have jurisdiction accordingly; and
c: every power of arrest or of entry or search or seizure or other power that could be exercised under any enactment (whether passed before or after the passing of this Act) or under any rule of law in respect of any such activity or suspected activity if it had been carried out or was suspected to have been carried out in New Zealand may be exercised in respect of any such activity as if the activity had been carried out in New Zealand.
2: Nothing in this section shall limit the provisions of any enactment or rule of law relating to the liability of persons in respect of acts done or omitted beyond New Zealand or the jurisdiction of any New Zealand court under any such enactment or rule of law.
3: Notwithstanding anything in any other enactment, proceedings for the trial and punishment of any person charged with having committed an offence in respect of which the courts of New Zealand have jurisdiction by virtue only of this section shall 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.
4: A person alleged to have committed an offence in respect of which the courts of New Zealand have jurisdiction by virtue only of this section may be arrested or a warrant for the person's arrest may be issued and executed, and the person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the institution of proceedings for the offence has not been obtained; but no further or other proceedings shall be taken until that consent has been obtained. 1964 No 28 s 7(1), (3), (4)
10: Liability of principal for acts of agents
1: Where an offence is committed against this Act by any person acting as the agent or employee of another person, that other person shall, without prejudice to the liability of the first-mentioned person, be liable under this Act in the same manner and to the same extent as if he, she, or it had personally committed the offence.
2: Notwithstanding anything in subsection (1), where any proceedings are brought by virtue of that subsection, it shall be a good defence, in the case of a natural person (including a partner in a firm), if the defendant proves—
a: that either—
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 all reasonable steps to prevent the commission of the offence; and
b: that he or she took all reasonable steps to remedy any effects of the act or omission giving rise to the offence.
3: Notwithstanding anything in subsection (1), where any proceedings are brought by virtue of that subsection, it shall be a good defence, in the case of a body corporate, if the defendant proves—
a: that either—
i: neither the directors nor any person involved 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 reasonable steps to prevent the commission of the offence; and
b: that the body corporate took all reasonable steps to remedy any effects of the act or omission giving rise to the offence.
4: 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 or omission that constituted the offence took place with his or her authority, consent, or permission; 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. 1994 No 104 s 410
11: Limitation of proceedings
1: Despite anything to the contrary in section 25 Criminal Procedure Act 2011
2: The period of 6 months does not run while the person charged is beyond the territorial limits of New Zealand.
3: Subsection (1) is subject to subsection (2). 1994 No 104 s 411 Section 11 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
3: Decisions of international courts or tribunals
12: Prompt release of vessels and crews
1: The purpose of this section is to give effect in the law of New Zealand to article 292, paragraph 4, of the Convention.
2: In this section, the term court or tribunal
a: the International Tribunal for the Law of the Sea established in accordance with Annex VI of the Convention; or
b: the International Court of Justice established under article 92 of the Charter of the United Nations; or
c: an arbitral tribunal constituted in accordance with Annex VII of the Convention; or
d: a special arbitral tribunal constituted in accordance with Annex VIII of the Convention for 1 or more of the categories of disputes specified therein.
3: This section applies to a decision by a court or tribunal under article 292, paragraph 4, of the Convention that a vessel or crew detained by authorities in New Zealand shall be promptly released.
4: Notwithstanding any other enactment or any rule of law, a vessel or crew that is the subject of a decision to which this section applies shall be promptly released upon the posting of a bond or other financial security determined by the court or tribunal.
5: Where there is a set of proceedings before any court in New Zealand, or there is a decision of a court in New Zealand, relating to a vessel or crew that is the subject of a decision to which this section applies, the vessel or crew shall be promptly released if—
a: a bond or other financial security determined by the court or tribunal is posted; and
b: the parties to the proceedings or the parties bound by the decision, as the case may require, are the same as the parties bound by the decision to which this section applies; and
c: there is no other set of proceedings before any court in New Zealand, relating to the vessel or crew, the parties to which are different from the parties bound by the decision to which this section applies; and
d: there is no other decision of a court in New Zealand, relating to the vessel or crew, the parties bound by which are different from the parties bound by the decision to which this section applies.
13: Applicable law
1: The purpose of this section is to give effect in the law of New Zealand to article 21, paragraph 2, of Annex III of the Convention.
2: In this section,— Authority contractor
a: New Zealand, if New Zealand has been duly authorised by the Authority to carry out activities in the Area; or
b: a State Party other than New Zealand, if that State Party has been duly authorised by the Authority to carry out activities in the Area; or
c: any of the following entities if the entity is sponsored in accordance with article 153 of the Convention by the relevant State Party and if the entity has been duly authorised by the Authority to carry out activities in the Area:
i: a Crown entity, a department, or a State enterprise; or
ii: a body that, under the law of a State Party other than New Zealand, is equivalent to a Crown entity, a department, or a State enterprise; or
iii: a body incorporated or constituted under the law of New Zealand; or
iv: a body incorporated or constituted under the law of a State Party other than New Zealand; or
v: a citizen of New Zealand; or
vi: a national of a State Party other than New Zealand; or
d: any combination of any of the bodies referred to in paragraphs (a) to (c) that meets the requirements of Part XI and Annex III of the Convention and that has been duly authorised by the Authority to carry out activities in the Area court or tribunal
a: the Sea-Bed Disputes Chamber of the International Tribunal for the Law of the Sea established under article 14 of Annex VI of the Convention; or
b: a commercial arbitral tribunal to which a dispute has been submitted pursuant to article 188, paragraph 2(a), of the Convention.
3: Every final decision rendered by a court or tribunal in respect of a contract between the Authority and a contractor shall be enforceable in New Zealand as if it were a decision of the High Court, and all the provisions of the law of New Zealand shall apply accordingly with any necessary modifications.
14: Enforcement of decisions of chamber
1: The purpose of this section is to give effect in the law of New Zealand to article 39 of Annex VI of the Convention.
2: In this section, the term chamber
3: Every decision of the chamber shall be enforceable in New Zealand as if it were a decision of the High Court, and all the provisions of the law of New Zealand shall apply accordingly with any necessary modifications. Miscellaneous provisions
15: Evidence of decision
1: A party seeking to enforce any decision referred to in section 13(3) section 14(3)
2: Where the decision is in a foreign language, the party seeking to enforce it shall also produce a translation of it in the English language certified as a correct translation by an official or sworn translator, or by a diplomatic or consular agent of the country in which it was made, or in such other manner as the court may require.
3: Any document produced under subsection (1) or subsection (2) shall, in the absence of evidence to the contrary, be conclusive evidence of the document which it purports to be or the matters to which it relates, as the case may be. 1982 No 21 s 6
16: Rules of court
The Governor-General in Council, with the concurrence of the Chief Justice and any 2 or more of the members of the Rules Committee, of whom at least 1 shall be a Judge, may, under section 148 section 13(3) section 14(3) Section 16 amended 1 March 2017 section 183(b) Senior Courts Act 2016 |
DLM405828 | 1996 | Securities Amendment Act 1996 | 1: Short Title and commencement
1: This Act may be cited as the Securities Amendment Act 1996, and shall be read together with and deemed part of the Securities Act 1978
2: Subject to subsections (3) (4)
3: Subject to subsection (4) subsection (2)
4: Sections 37 38
2: Transitional provision relating to application of this Act
Notwithstanding the commencement of this Act, an offer of securities (within the meaning of section 2D section 4
a: The principal Act as amended by this Act; or
b: The law in force immediately before the commencement of this Act,— and the principal Act as amended by this Act or the law in force immediately before the commencement of this Act, as the case may be, shall apply in respect of any offer so made.
3: Interpretation
1: Section 2(1) advertisement section 2(1) of the Securities Amendment Act 1982 section 13(1) of the Reserve Bank of New Zealand Amendment Act 1995 Advertisement section 2A of this Act .
2: Section 2(1) associated persons section YB 1 of the Income Tax Act 1994 Associated persons persons associated with each other
a: Persons who are relatives within the meaning of the Income Tax Act 1994
b: Persons who are partners to whom the Partnership Act 1908
c: Bodies corporate that consist substantially of the same members or shareholders or that are under the control of the same persons; or
d: A body corporate and a person who has the power, directly or indirectly, to exercise, or control the exercise of, the rights to vote attached to 25 percent or more of the voting securities of the body corporate; or
e: A body corporate and a person who is a director of the body corporate: .
3: Section 2(1) authorised advertisement section 38 or section 38AA
4: Section 2(1) authorised life insurance company section 42 Securities Amendment Act 1988 books and papers books or papers
5: Section 2(1) building society Bonus bond section 3(1) of the Finance Act (No 2) 1990 .
6: Section 2(1) debt security section 2(6) of the Securities Amendment Act 1982 Debt security
a: A debenture, debenture stock, bond, note, certificate of deposit, and convertible note; and
b: An interest or right that is declared by regulations to be a debt security for the purposes of this Act; and
c: A renewal or variation of the terms or conditions of any such interest or right or of a security referred to in paragraph (a) or paragraph (b) of this definition but does not include—
d: An interest in a contributory mortgage where the interest is offered by a contributory mortgage broker; or
e: Any such interest or right or a security referred to in paragraph (a) or paragraph (c) of this definition .
7: Section 2(1) distribute Distribute
a: Make available, publish, and circulate; and
b: Communicate by letter, newspaper, broadcasting, sound recording, television, cinematographic film, video, or any form of electronic or other means of communication: 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 one or more visual images are embodied or stored so as to be capable (with or without the aid of equipment) of being reproduced: .
8: Section 2(1) equity security Equity security
a: A preference share, and company stock; and
b: A security that is declared by regulations to be an equity security for the purposes of this Act; and
c: A renewal or variation of the terms or conditions of any such interest or right or a security referred to in paragraph (a) or paragraph (b) of this definition but does not include any such interest or right or a security referred to in paragraph (a) or paragraph (c) of this definition .
9: Section 2(1) Government department Interest in a superannuation scheme
a: Any interest or right that is declared by regulations to be an interest in a superannuation scheme for the purposes of this Act; and
b: Any renewal or variation of the terms or conditions of any such interest or right or a security referred to in paragraph (a) of this definition but does not include any such interest or right, or a security referred to in paragraph (b) of this definition Investment statement section 38C of this Act .
10: Section 2(1) issuer section 2(8) of the Securities Amendment Act 1982 Issuer
a: In relation to an equity security or a debt security, or to an advertisement, investment statement, prospectus, or registered prospectus that relates to an equity security or a debt security, or to a trust deed that relates to a debt security, the person on whose behalf any money paid in consideration of the allotment of the security is received:
b: In relation to a participatory security, or to an advertisement, investment statement, prospectus, or registered prospectus, or to a deed of participation that relates to a participatory security, the manager:
c: In relation to an interest in a contributory mortgage offered by a contributory mortgage broker, or to an advertisement that relates to such an interest, the contributory mortgage broker:
d: In relation to a unit in a unit trust, or to an advertisement, investment statement, prospectus, or registered prospectus that relates to such a unit, the manager:
e: In relation to a life insurance policy, or to an advertisement, investment statement, prospectus, or registered prospectus that relates to a life insurance policy, the life insurance company that is liable under the policy:
f: In relation to an interest in a superannuation scheme, or to an advertisement, investment statement, prospectus, or registered prospectus that relates to such an interest, the superannuation trustee of the scheme: .
11: Section 2(1) life insurance policy section 42 Securities Amendment Act 1988 Life insurance policy
a: A policy of insurance that is declared by regulations to be a life insurance policy for the purposes of this Act; and
b: A renewal or variation of the terms or conditions of any such policy or a security referred to in paragraph (a) of this definition but does not include any such policy, or a security referred to in paragraph (b) of this definition .
12: Section 2(1) manager Manager
a: In relation to a participatory security, means the person or persons acting in the promotion or management of the arrangement or scheme to which the security relates; and
b: In relation to a unit in a unit trust, has the same meaning as in section 2(1) of the Unit Trusts Act 1960 .
13: Section 2(1) participatory security Participatory security
a: An equity security; or
b: A debt security; or
c: A unit in a unit trust; or
d: An interest in a superannuation scheme; or
e: A life insurance policy: .
14: Section 2(1) promoter Prospective investor .
15: Section 2(1) qualified auditor Qualified auditor section 2C of this Act Receive .
16: Section 2(1) Registrar Regulations section 70 of this Act .
17: Section 2(1) relative Scheme
a: In relation to a participatory security, the arrangement or scheme to which the security relates; and
b: In relation to an interest in a superannuation scheme, that superannuation scheme; and
c: In relation to a unit in a unit trust, that unit trust: .
18: Section 2(1) security Security section 2D of this Act .
19: Section 2(1) security holder Send .
20: Section 2(1) subscribe Superannuation scheme section 2(1) of the Superannuation Schemes Act 1989 Superannuation trustee trustees Superannuation Schemes Act 1989 Trust deed section 33(2)(a) of this Act .
21: Section 2(1) Unit
a: Any interest or right that is declared by regulations to be a unit for the purposes of this Act; and
b: Any renewal or variation of the terms or conditions of any such interest or right;— but does not include any such interest or right or a security referred to in paragraph (b) of this definition Unit trust section 2(1) of the Unit Trusts Act 1960 Unit trustee trustee section 2(1) of the Unit Trusts Act 1960 Working day
a: Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, the Sovereign's Birthday, Labour Day, and Waitangi Day; and
b: A day in the period commencing with the 25th day of December in any year and ending with the 2nd day of January in the following year; and
c: If the 1st day of January in any year falls on a Friday, the following Monday; and
d: If the 1st day of January in any year falls on a Saturday or a Sunday, the following Monday and Tuesday: Writing
a: The recording of words in a permanent and legible form; and
b: The display of words by any form of electronic or other means of communication in a manner that enables the words to be readily stored in a permanent form and, with or without the aid of any equipment, to be retrieved and read;— and written
22: Section 2 subsection (2)
23: The following enactments are hereby consequentially repealed:
a: Subsections (1), (6), and (8) of section 2 of the Securities Amendment Act 1982
b: Section 42 Securities Amendment Act 1988
c: Section 13(1) of the Reserve Bank of New Zealand Amendment Act 1995
4: New sections inserted
The principal Act is hereby amended by inserting, after section 2
2A: Meaning of
advertisement
1: In this Act, unless the context otherwise requires, advertisement
a: That—
i: Contains or refers to an offer of securities to the public for subscription; or
ii: Is reasonably likely to induce persons to subscribe for securities of an issuer, being securities to which the communication relates and that have been, or are to be, offered to the public for subscription; and
b: That is authorised or instigated by, or on behalf of, the issuer of the securities or prepared with the co-operation of, or by arrangement with, the issuer of the securities; and
c: That is to be, or has been, distributed to a person.
2: The following are also advertisements:
a: A statement relating to an interest in a contributory mortgage required to be distributed to a person by regulations:
b: An investment statement.
3: None of the following is an advertisement:
a: A registered prospectus:
b: A statement made in accordance with section 3(6) of this Act
c: A statement or report made in accordance with section 3(7) of this Act
d: A disclosure statement published by a registered bank under section 81 of the Reserve Bank of New Zealand Act 1989
4: A communication is an advertisement whether or not consideration is to be, or has been, paid for the distribution of the communication.
5: The definition of the term advertisement advertisement section 3(1)(c) of this Act
6: Where—
a: An advertisement within the meaning of this section appears in association with another advertisement that is not an advertisement within the meaning of this section; and
b: Both advertisements are authorised or instigated by, or on behalf of, the same person or prepared with the co-operation of, or by arrangement with, the same person,— those advertisements are deemed to be a single advertisement within the meaning of this section.
7: Unless this Act or regulations provide otherwise, nothing in this Act or regulations limits the information, statements, and other matters that may be contained in an advertisement.
2B: Meaning of
due enquiry
1: For the purposes of this Act, a person who is required to make due enquiry about a matter does not fail to do so if—
a: He or she receives information or advice about the matter from another person whom he or she believes on reasonable grounds is reliable and competent; and
b: The information or advice received—
i: Is of the same kind and standard as that which it would be reasonable to expect to be supplied in the ordinary course of management of businesses of the same kind to persons in the same kind of position; and
ii: Does not state or indicate that further information, advice, or investigation is or may be required; and
c: He or she has no reason to believe that the information or advice is or may be incorrect.
2: Nothing in subsection (1) of this section
2C: Meaning of
qualified auditor
1: For the purposes of this Act, a person is a qualified auditor only if—
a: The person is a chartered accountant (within the meaning of section 19 of the Institute of Chartered Accountants of New Zealand Act 1996
b: The person is an officer of the Audit Department authorised in writing by the Controller and Auditor-General to be an auditor for the purposes of this Act; or
c: The person is a member, fellow, or associate of an association of accountants constituted outside New Zealand where—
i: The association is, by notice in the Gazette
ii: The person is entitled to act as an auditor in the country, state, or territory in which the association is constituted; or
d: The person, not being a person referred to in paragraph (c) of this subsection
i: Entitled to act as an auditor in a country, state, or territory outside New Zealand; and
ii: Approved for the time being for the purposes of this Act by the Registrar by notice in the Gazette
2: None of the following persons is qualified for appointment as an auditor of the accounting or other records of an issuer of securities:
a: The issuer, or a principal officer, officer, or employee of the issuer:
b: A person who is a partner of or in the employment of a person specified in paragraph (a) of this subsection
c: A body corporate.
3: A person is not qualified for appointment as auditor of an issuer of securities if the person is, by virtue of subsection (2) of this section
2D: Meaning of
security
1: In this Act, unless the context otherwise requires, the term security
a: An equity security; and
b: A debt security; and
c: A unit in a unit trust; and
d: An interest in a superannuation scheme; and
e: A life insurance policy; and
f: Any interest or right that is declared by regulations to be a security for the purposes of this Act; and
g: Any renewal or variation of the terms or conditions of any such interest or right;— but does not include any such interest or right (other than a security referred to in paragraph (f) of this subsection
2: Where the terms of a security require or allow the subscriber to pay separate amounts of money at different times, each such payment shall, for the purposes of this Act, be treated as payment for the same security as each other payment.
5: Application of this Act
1: Section 4(3) trustee , superannuation trustee, unit trustee,
2: Section 4
4: Nothing in this section or in any other provision of this Act limits the Illegal Contracts Act 1970
6: Exemptions from this Act
1: Section 5 subsections (2) (2A) section 181(1) Reserve Bank of New Zealand Act 1989
2: Section 5 subsection (2B) section 181(4) Reserve Bank of New Zealand Act 1989
3: Section 5 subsection (2C) section 181(8) Reserve Bank of New Zealand Act 1989
2C: Nothing in sections 33(2), 37, 37A(1)(c) and (d), 39 to 44, 45 to 52, 54, and 54B(3) of this Act
2D: Nothing in sections 37A(1)(a) and 38C to 38F of this Act
a: An interest in a call debt security as defined in regulations made under this Act; or
b: An interest in a call building society share as defined in regulations made under this Act; or
c: An interest in a bonus bond.
2E: Nothing in sections 37, 37A(1)(c), and 39 to 44 of this Act
2F: Subsection (2E) of this section
4: Section 5(3) section 5(4) of the Securities Amendment Act 1982 37A 37A(1)(c) and (d) and (2)
5: Section 5(4) section 5(5) of the Securities Amendment Act 1982 37A, 38C to 38F,
6: Subsections (1) (3) (4) (5) (7) to (9) Reserve Bank of New Zealand Act 1989
7: Previously allotted securities
1: Section 6(1) section 2(1) of the Securities Amendment Act 1993 37 to 44 37 to 38A, 38C to 44
2: Section 6 subsection (2)
2A: All the provisions of this Act shall apply in respect of a unit in a unit trust that has previously been allotted (whether in New Zealand or elsewhere) and that is being offered, sold, or otherwise disposed of to the public for subscription by the manager or unit trustee of the unit trust or by an associated person of that manager or unit trustee.
3: Section 6(7) or subsection (2A)
8: Term implied in certain offers of previously allotted securities
1: Section 6A(1)(a) section 2 of the Securities Amendment Act 1994 37 to 44 37 to 38A, 38C to 44
2: Section 6A(1)(b) subsection (2) or subsection (3) any of subsections (2), (2A), or (3)
9: Exemption for authorised life insurance companies
1: The principal Act is hereby amended by repealing sections 7A 7B section 44 Securities Amendment Act 1988
2: Section 44 Securities Amendment Act 1988
10: Appeals to High Court on questions of law
Section 26 subsections (3) (4) (7) 14 10 working
11: Restrictions on offer of securities to the public
1: Section 33 subsection (1) section 13 of the Securities Amendment Act 1982
1: No security shall be offered to the public for subscription, by or on behalf of an issuer, unless—
a: The offer is made in, or accompanied by, an authorised advertisement that is an investment statement that complies with this Act and regulations; or
b: The offer is made in an authorised advertisement that is not an investment statement; or
c: The offer is made in, or accompanied by, a registered prospectus that complies with this Act and regulations.
2: Section 13 of the Securities Amendment Act 1982
12: Restrictions on distribution of prospectuses
Section 34 section 14 of the Securities Amendment Act 1982
2: A registered prospectus shall not be distributed by or on behalf of an issuer unless it is accompanied by,—
a: If the registered prospectus refers to, but does not contain, financial statements registered under the Financial Reporting Act 1993
b: A copy of any documents registered under this Act for the purpose of extending the period during which allotments may be made under the registered prospectus.
13: Restrictions on door-to-door sales
Section 35 subsection (3)
3: In this section, the term securities
14: Void irregular allotments
1: Section 37(2) section 15 of the Securities Amendment Act 1982 participatory security or a unit in a unit trust
2: Section 37(3) holds a written statement signed by has received a written statement from
15: Voidable irregular allotments
1: Section 37A section 16 of the Securities Amendment Act 1982 subsection (1)
1: No allotment of a security offered to the public for subscription shall be made if—
a: The subscriber did not receive any investment statement relating to the security before subscribing for the security; or
b: At the time of allotment, any investment statement or registered prospectus relating to the security is known by the issuer of the security, or any director of the issuer, to be false or misleading in a material particular by reason of failing to refer, or give proper emphasis, to adverse circumstances (whether or not the investment statement or registered prospectus became so false or misleading as a result of a change of circumstances occurring after the date of the investment statement or registered prospectus); or
c: The date of allotment would be more than,—
i: Where the registered prospectus relating to the security contains or refers to a balance sheet or interim balance sheet in accordance with regulations and no certificate has been registered in relation to that prospectus under subsection (1A) of this section, 9 months after the date of that balance sheet or interim balance sheet (whichever is the later); or
ii: Where the registered prospectus relating to the security contains or refers to a balance sheet (but not an interim balance sheet) in accordance with regulations and a certificate has been registered in relation to that prospectus under subsection (1A) of this section
iii: In any other case, 6 months after the date of the registered prospectus; or
d: In the case of an equity security, debt security, or participatory security, after the allotment, the total amount of securities allotted under the registered prospectus relating to the security would (after deducting, in the case of an allotment of debt securities, the total amount of debt securities of the issuer redeemed since the date of the registered prospectus) exceed the amount specified in the registered prospectus as the maximum amount that will be so allotted.
1A: For the purposes of subsection (1)(c) of this section
a: Is signed on behalf of all the directors by at least 2 directors of the issuer (or, where the issuer has only 1 director, by that director); and
b: Is dated no later than 9 months after the date of the balance sheet contained or referred to in the registered prospectus; and
c: States that, in the opinion of all directors of the issuer after due enquiry by them,—
i: The financial position shown in the balance sheet referred to in paragraph (b) of this subsection
ii: The registered prospectus is not, at the date of the certificate, false or misleading in a material particular by reason of failing to refer, or give proper emphasis, to adverse circumstances; and
d: Where the registered prospectus relates to equity securities, debt securities, or participatory securities, is accompanied by financial statements—
i: For the 6-month period from the date of the balance sheet referred to in paragraph (b) of this subsection
ii: Prepared in accordance with regulations as if they were required to be contained or referred to in a registered prospectus for those securities, except that they need not be audited.
2: Section 37A(3) wound up in liquidation
16: Meaning of
authorised advertisement
1: The principal Act is hereby amended by repealing section 38 section 17(1) of the Securities Amendment Act 1982 section 181(10) Reserve Bank of New Zealand Act 1989 Advertisements
38: Meaning of
authorised advertisement In this Act, the term authorised advertisement
a: In relation to an offer of securities to the public in respect of which an investment statement is required, an advertisement—
i: That is an investment statement that relates to the securities and that complies with this Act and regulations; or
ii: That refers to an investment statement that relates to the securities referred to in the advertisement and that complies with this Act and regulations:
b: In any other case, an advertisement that complies with this Act and regulations.
2: The following enactments are hereby consequentially repealed:
a: Section 17 of the Securities Amendment Act 1982
b: Section 181(10) Reserve Bank of New Zealand Act 1989
17: New sections inserted
The principal Act is hereby amended by inserting, after section 38A
38B: Prohibition of advertisements
1: Where, at any time, the Commission is of the opinion that an advertisement—
a: Is likely to deceive, mislead, or confuse with regard to any particular that is material to the offer of securities to which it relates; or
b: Is inconsistent with any registered prospectus referred to in it; or
c: Does not comply with this Act and regulations,— the Commission may make an order prohibiting the distribution of that advertisement or any advertisement which relates to the offer of securities.
2: Without limiting subsection (1) of this section section 81 of the Reserve Bank of New Zealand Act 1989
3: An order may be made on such terms and conditions as the Commission thinks fit.
4: Where the Commission makes an order under this section,—
a: It shall forthwith notify the issuer of the securities that the order has been made and the reasons for making it; and
b: It may notify any other person that the order has been made and the reasons for making it.
5: Every person who contravenes an order made under this section commits an offence and is liable on summary conviction to a fine not exceeding $5,000.
6: It is a defence to a charge under subsection (5) of this section
a: Without the defendant's knowledge; or
b: Without the defendant's knowledge of the order.
7: At any time after an order has been made under this section, the issuer of the securities to which the advertisement relates shall be entitled to appear and be represented before the Commission.
8: The Commission, if it is satisfied that the order should not continue in force, may revoke the order.
9: In this section, the term advertisement Investment statements
38C: Meaning of
investment statement In this Act, the term investment statement
a: Contains or refers to one or more offers of securities to the public for subscription; and
b: States that it is an investment statement for the purposes of this Act.
38D: Purpose of investment statement
The purpose of an investment statement is to—
a: Provide certain key information that is likely to assist a prudent but non-expert person to decide whether or not to subscribe for securities; and
b: Bring to the attention of such a person the fact that other important information about the securities is available to that person in other documents.
38E: Form and content of investment statement
1: Every investment statement shall—
a: Be in writing; and
b: State, in a prominent place, the date as at which the investment statement is prepared; and
c: Where a registered prospectus is required in respect of the securities referred to in the investment statement, refer to that registered prospectus and state the date of its registration; and
d: Contain all information, statements, and other matters that it is required to contain by regulations.
2: An investment statement may relate to any or all of the following:
a: One or more kinds of securities:
b: One or more offers of or subscriptions for securities of a particular kind.
3: Unless this Act or regulations provide otherwise, nothing in this Act or in regulations limits the information, statements, or other matters that may be contained in an investment statement.
38F: Suspension and prohibition of investment statement
1: Where, at any time, the Commission is of the opinion that an investment statement—
a: Is likely to deceive, mislead, or confuse with regard to any particular that is material to the offer of securities to which it relates; or
b: Is inconsistent with any registered prospectus referred to in it; or
c: Does not comply with this Act and regulations,— the Commission may exercise either or both of the following powers in respect of the investment statement:
d: If it considers that suspension of the investment statement is desirable in the public interest, the Commission may make an order suspending the investment statement for a period not exceeding 14 days:
e: After giving the issuer of the investment statement not less than 7 days' written notice of the meeting at which the matter will be considered by the Commission, the Commission may, at that meeting, make an order prohibiting the distribution of the investment statement.
2: An order may be made on such terms and conditions as the Commission thinks fit.
3: Where the Commission suspends an investment statement pursuant to this section,—
a: It shall forthwith notify the issuer of the suspension and the reasons for it; and
b: None of the following persons shall, except for the purposes of paragraph (a) of this subsection
i: A member of the Commission or an officer or employee of the Commission:
ii: A person appointed under section 21 of this Act
4: Subject to subsection (6) of this section
a: No allotment shall be made of any securities subscribed for whether before or after the suspension order is made:
b: All subscriptions received for such securities, not being subscriptions for securities which have been allotted before the suspension, shall be held in trust for the subscribers.
5: The Commission, if it is satisfied that the suspension of an investment statement should not continue in force, may revoke the suspension.
6: Subsection (4) of this section
i: The Commission revokes the suspension of an investment statement; or
ii: The period of suspension of an investment statement expires and the distribution of the investment statement has not been prohibited under this section.
7: Where the Commission revokes the suspension of an investment statement pursuant to this section,—
a: It shall forthwith notify the issuer of the revocation of the suspension; and
b: None of the following persons shall, except for the purposes of paragraph (a) of this subsection
i: A member of the Commission or an officer or employee of the Commission:
ii: A person appointed under section 21 of this Act
8: Where the Commission prohibits the distribution of an investment statement pursuant to this section,—
a: It shall forthwith notify the issuer of the prohibition and the reasons for it; and
b: It may notify any other person of the prohibition and the reasons for it.
9: Subject to subsection (11) of this section
a: No allotment shall be made of any securities subscribed for whether before or after the prohibition order is made:
b: All subscriptions held in trust pursuant to subsection (4)(b) of this section
c: All subscriptions received for securities pursuant to the investment statement, not being subscriptions for securities which have been allotted before the prohibition order was made and not being subscriptions required to be held in trust for the subscribers pursuant to subsection (4)(b) of this section
10: The Commission, if it is satisfied that the prohibition of the distribution of an investment statement should not continue in force, may revoke the prohibition.
11: Subsection (9) of this section
12: Where the Commission revokes the prohibition of the distribution of an investment statement pursuant to this section, it shall forthwith notify the issuer of the revocation of the prohibition.
13: Subject to subsection (14) of this section
14: A director of an issuer shall not be liable to repay any subscriptions and interest pursuant to subsection (13) of this section
18: Form and content of prospectus
Section 39 section 19 of the Securities Amendment Act 1982
2: A prospectus or registered prospectus may form part of, or be combined with, any annual report or other document that is required by any enactment; and, in any such case, the provisions of this Act and of all regulations made under this Act shall apply to that annual report or other document.
3: Unless this Act or regulations provide otherwise, nothing in this Act or in regulations made under this Act limits the information, statements, certificates, or other matters that may be contained in a prospectus or registered prospectus.
19: Suspension and cancellation of registration of registered prospectus
1: Section 44 section 11 Securities Amendment Act 1986 subsection (2)
2: Where the Commission suspends the registration of a registered prospectus pursuant to this section,—
a: It shall forthwith notify the issuer named in the prospectus of the suspension and the reasons for it; and
b: It may notify the Registrar of the suspension and the reasons for it; and
c: None of the following persons shall, except for the purposes of paragraph (a) or paragraph (b) of this subsection
i: A member of the Commission or an officer or employee of the Commission:
ii: A person appointed under section 21 of this Act
iii: The Registrar.
2: Section 44(3) subsection (4) subsection (4A)
3: Section 44 subsection (4)
4: The Commission, if it is satisfied that the suspension of the registration of a registered prospectus should not continue in force, may revoke the suspension.
4A: Subsection (3) of this section
i: The Commission revokes the suspension of registration of a registered prospectus; or
ii: The period of suspension of registration of a registered prospectus expires and the registration of that registered prospectus is not cancelled under this section.
4B: Where the Commission revokes the suspension of the registration of a registered prospectus pursuant to this section,—
a: It shall forthwith notify the issuer named in the prospectus of the revocation of the suspension; and
b: It may notify the Registrar of the revocation of the suspension; and
c: None of the following persons shall, except for the purposes of paragraph (a) or paragraph (b) of this subsection
i: A member of the Commission or an officer or employee of the Commission:
ii: A person appointed under section 21 of this Act
iii: The Registrar.
4: Section 44(6)(b) on in
5: Section 44(7) the rate of 10 percent per annum a rate prescribed from time to time by regulations made under this Act
20: Prohibition of advertisements
1: Section 44A section 49 Securities Amendment Act 1988 section 13(5) of the Reserve Bank of New Zealand Amendment Act 1995
2: The following enactments are hereby consequentially repealed:
a: Section 49 Securities Amendment Act 1988
b: Section 13(5) of the Reserve Bank of New Zealand Amendment Act 1995
21: New heading inserted
The principal Act is hereby amended by inserting, after section 44 Contributory Mortgages
22: Powers and duties of persons appointed to act as broker
Section 44C(4) section 24 of the Securities Amendment Act 1982 books or records or
23: Powers and duties of persons appointed to act as directors or secretary of nominee company
Section 44D(2) section 24 of the Securities Amendment Act 1982 books, records, or
24: New sections substituted
The principal Act is hereby amended by repealing section 50 51 52 section 2 Company Law Reform (Transitional Provisions) Act 1994 section 53 section 25 of the Securities Amendment Act 1982 section 2 Company Law Reform (Transitional Provisions) Act 1994 Duties of auditors
50: Duty of auditor to report to trustee or statutory supervisor
1: Whenever the auditor of an issuer of debt securities or participatory securities offered to the public (being securities that are held by members of the public) furnishes to the issuer or its members or shareholders or the security holders any report, financial statements, certificate, or other document that is required by any Act or by any deed relating to the securities to be so furnished, the auditor shall forthwith send a copy to the trustee or statutory supervisor of the securities.
2: Whenever, in the performance of the auditor's duties, the auditor of an issuer of debt securities or participatory securities offered to the public (being securities that are held by members of the public) becomes aware of any matter that, in the auditor's opinion, is relevant to the exercise or performance of the powers or duties of the trustee or statutory supervisor of the securities, the auditor shall, within 7 working days of becoming aware of the matter, send—
a: To the issuer, a report in writing on the matter; and
b: To the trustee or statutory supervisor, as the case may be, a copy of that report.
3: The auditor of an issuer of debt securities or participatory securities offered to the public (being securities that are held by members of the public) shall from time to time, at the request of the trustee or statutory supervisor, furnish to the trustee or statutory supervisor such information or particulars relating to the issuer as are requested and are within the auditor's knowledge and are, in the auditor's opinion, relevant to the exercise or performance of the powers or duties of the trustee or statutory supervisor.
4: Nothing in this section affects the duties or liability of a trustee or statutory supervisor.
50A: Duty of auditor to report to unit trustee
1: Whenever the auditor of an issuer of units in a unit trust furnishes to the issuer any report, financial statements, certificate, or other documents required by any Act or any trust deed relating to the unit trust, the auditor shall forthwith send a copy to the unit trustee.
2: Whenever, in the performance of the auditor's duties, the auditor of a unit trust that has units held by members of the public becomes aware of any matter that, in the auditor's opinion, is relevant to the exercise or performance of the powers or duties of the unit trustee, the auditor shall, within 7 working days of becoming aware of the matter, send—
a: To the issuer of the units, a report in writing on the matter; and
b: To the unit trustee, a copy of that report.
3: The auditor of an issuer of units in a unit trust that has units held by members of the public shall from time to time, at the request of the unit trustee, furnish to the unit trustee such information or particulars relating to the issuer as are requested and are within the auditor's knowledge and are, in the auditor's opinion, relevant to the exercise or performance of the powers or duties of the unit trustee.
4: Nothing in this section affects the duties or liability of an issuer of units in a unit trust or a unit trustee. Obligations of issuers
51: Issuers to keep registers of securities
1: Every issuer of securities offered to the public shall keep in New Zealand—
a: A register of all equity securities; and
b: Where the issuer is a company, a register of all debentures, debenture stock, bonds, notes, certificates of deposit, and convertible notes; and
c: A register of all participatory securities; and
d: A register of all units in unit trusts; and
e: A register of all interests in superannuation schemes; and
f: A register of all life insurance policies— of which it is the issuer.
2: Every register kept for the purposes of this section shall contain, in respect of every security entered in it,—
a: The name and address of the holder; and
b: The date on which the security was allotted or transferred to the holder, as the case may be; and
c: The nature of the security; and
d: The amount of the security (if any); and
e: The due date of the security (if any); and
f: Such other particulars as are required to be entered in the register by regulations.
3: Nothing in paragraphs (a) and (b) of subsection (2) of this section
4: No notice of any trust, expressed, implied, or constructive, shall be entered on a register kept under any of paragraphs (a) to (c), and (f) of subsection (1) of this section
5: Every register kept under this section is prima facie evidence of the matters required by this Act to be entered in it.
6: Every issuer of securities offered to the public (other than securities that have been redeemed) shall ensure that every register kept by it under this section is audited at least once a year by a qualified auditor.
7: Nothing in subsection (6) of this section section 13(2) of the Superannuation Schemes Act 1989
8: If the auditor considers at any time that this section is not being complied with, the auditor shall forthwith advise the issuer and,—
a: In the case of equity securities, the security holders at their next meeting:
b: In the case of debt securities, the trustee:
c: In the case of participatory securities, the statutory supervisor:
d: In the case of units in a unit trust, the unit trustee.
9: Every issuer shall send a notice to the Registrar of the place where its registers are kept and of any change in that place.
10: Subsection (9) of this section
11: Nothing in this section derogates from the Life Insurance Act 1908 Companies Act 1955 Companies Act 1993
52: Rights of inspection of registers of securities and to copies of registers and deeds
1: The registers kept under paragraphs (a) to (d) of section 51(1) of this Act
2: The registers kept under paragraphs (e) and (f) of section 51(1) of this Act
3: Any person may require a copy of a register kept under paragraphs (a) to (d) of section 51(1) of this Act
4: A holder of securities may require a copy of that part of a register kept under paragraph (e) or paragraph (f) of section 51(1) of this Act
5: For the purposes of this section, a register shall be deemed to be duly closed if closed in accordance with provisions contained in the rules of the issuer or in the securities or any trust deed or deed of participation relating to the securities, during a period or periods not exceeding in aggregate 30 days in any year.
6: Nothing in this section derogates from the Life Insurance Act 1908 Companies Act 1955 Companies Act 1993
53: Issuers to keep proper accounting records
1: Every issuer of securities offered to the public (other than securities that have been redeemed) shall ensure that there are kept at all times accounting records that—
a: Correctly record and explain the transactions,—
i: In the case of an issuer of equity securities, debt securities, or life insurance policies, of the issuer; and
ii: In the case of an issuer of participatory securities, units in a unit trust, or interests in a superannuation scheme, of the scheme; and
b: Will at any time enable the financial position of the issuer or scheme, as the case may be, to be determined with reasonable accuracy; and
c: Will enable the issuer to ensure that the financial statements of the issuer or scheme, as the case may be, comply with the Financial Reporting Act 1993
d: Will enable the financial statements of the issuer or scheme, as the case may be, to be readily and properly audited.
2: The accounting records referred to in subsection (1) of this section
3: Without limiting subsection (1) of this section
a: Entries of money received and spent each day and the matters to which those entries relate:
b: A record of the assets and liabilities of the issuer or scheme:
c: If the business of the issuer or scheme involves dealing in goods,—
i: A record of goods bought or sold, except goods sold for cash in the ordinary course of carrying on a retail business, that identifies the goods and buyers and sellers and relevant invoices; and
ii: A record of stock held at the end of the financial year together with records of any stocktakings during the year:
d: If the business of the issuer or scheme involves providing services, a record of services provided and relevant invoices.
53A: Place where accounting records to be kept
1: Subject to subsection (2) of this section section 53 of this Act
2: The accounting records may be kept at a place outside New Zealand only if there is sent to, and kept at a place in, New Zealand such documents in respect of the business dealt with in those accounting records as will disclose with reasonable accuracy the financial position of that business at intervals not exceeding 6 months and will enable to be prepared the financial statements of the issuer or scheme, and any document annexed to any of those documents giving information that is required by any enactment.
53B: Accounting records to be in English
Accounting records required by section 53 of this Act section 53A of this Act
53C: Period for which accounting records to be kept
1: Accounting records kept under section 53A of this Act
2: Nothing in subsection (1) of this section
53D: Inspection of accounting records
Every issuer shall make the accounting records required to be kept under section 53 of this Act section 53A of this Act
53E: Financial statements to be audited
1: Every issuer of equity securities or debt securities or life insurance policies offered to the public (other than securities that have been redeemed) shall ensure that its financial statements are audited at least once a year by a qualified auditor.
2: Every issuer of participatory securities offered to the public shall ensure that, if the statutory supervisor so requires, the financial statements relating to the arrangement or scheme to which the securities relate are audited at least once a year by a qualified auditor.
3: Every issuer of units in a unit trust or interests in a superannuation scheme offered to the public shall ensure that the financial statements relating to the unit trust or superannuation scheme, as the case may be, are audited at least once a year by a qualified auditor.
4: Nothing in subsection (3) of this section section 13(2) of the Superannuation Schemes Act 1989
53F: Application of other Acts not affected
Nothing in sections 53 to 53E of this Act Companies Act 1955 Companies Act 1993
25: Consequential repeals
The following enactments are hereby consequentially repealed:
a: Section 25 of the Securities Amendment Act 1982
b: So much of Schedule 1 Company Law Reform (Transitional Provisions) Act 1994 sections 51 to 53
26: Issuers to issue certificates evidencing securities
Section 54(1) a security an equity security, a debt security, a unit, or a participatory security
27: New sections inserted
The principal Act is hereby amended by inserting, after section 54
54A: Information to be sent periodically to security holders
Every issuer of securities offered to the public for subscription shall send, or cause to be sent, to each security holder, at the times prescribed by regulations, the documents, information, and other matters required to be sent by those regulations.
54B: Information to be disclosed by issuers on request
1: Every issuer of securities offered to the public shall, at the request of a security holder and on payment of any prescribed fee, send, or cause to be sent, to the security holder such documents, information, and other matters of a kind prescribed by regulations as are requested by the security holder.
2: The documents, information, and other matters must be sent to the security holder as soon as practicable but, in any event, within 5 working days of the issuer receiving the request.
3: Every issuer of securities offered to the public shall, upon the request of a security holder or a prospective investor for a copy of the registered prospectus relating to the securities, without fee, send, or cause to be sent, to that security holder or prospective investor,—
a: A copy of that registered prospectus; and
b: A copy of any financial statements of the issuer or scheme concerned that have been registered under the Financial Reporting Act 1993
c: A copy of any documents registered under this Act for the purpose of extending the period during which allotments may be made under the registered prospectus.
4: The documents referred to in subsection (3) of this section
28: Interpretation of provisions relating to advertisements, prospectuses, and registered prospectuses
1: The principal Act is hereby amended by repealing section 55 section 26 of the Securities Amendment Act 1982
55: For the purposes of this Act,—
a: A statement included in an advertisement or registered prospectus is deemed to be untrue if—
i: It is misleading in the form and context in which it is included; or
ii: It is misleading by reason of the omission of a particular which is material to the statement in the form and context in which it is included:
b: A statement is deemed to be included in an advertisement or registered prospectus if it is—
i: Contained in the advertisement or registered prospectus; or
ii: Appears on the face of the advertisement or registered prospectus; or
iii: Contained in any financial statements, report, memorandum, or document that accompany, or are incorporated by reference or referred to in, or distributed with, the advertisement or registered prospectus:
c: A certificate registered under section 37A(1A) of this Act
2: Section 26 of the Securities Amendment Act 1982
29: Civil liability for misstatements in advertisement or registered prospectus
Section 56(3) section 27 of the Securities Amendment Act 1982 supervisor or unit trustee
30: Civil liability for misstatements by expert
Section 57(2)(b) section 28 of the Securities Amendment Act 1982 supervisor or unit trustee
31: Other offences
Section 60(2) section 32 of the Securities Amendment Act 1982 and 53 53 to 53E, 54A, and 54B
32: Liability of officers and auditors of issuer
Section 61 association or constitution
33: Registrar's powers of inspection
1: Section 67(1) paragraphs (a) (b)
a: Require any issuer or promoter of securities offered to the public or any investment adviser or investment broker (within the meaning of the Investment Advisers (Disclosure) Act 1996
b: Require any person to produce for inspection any document that contains information relating to any money or other property that is managed, supervised, controlled, or held in trust by any such issuer, promoter, investment adviser, or investment broker; .
2: Paragraphs (c) (d) book or paper or other
34: Appeals against Registrar's powers of inspection
Section 68(1) 21 15 working
35: Appeals against other decisions of Registrar
Section 69(1) section 34 of the Securities Amendment Act 1982 section 25(1) Official Information Amendment Act 1987 21 15 working
36: Appeals from decisions under
section 67A Section 69A(1) section 25(1) Official Information Amendment Act 1987 21 15 working
37: Regulations and Orders in Council
1: Section 70(1)(b) section 35 of the Securities Amendment Act 1982 advertisements, investment statements,
2: Section 70(1)(b)(iii) advertisement, investment statement,
3: Section 70(1)(c) advertisement, , investment statement,
4: Section 70(1) paragraph (c)
ca: Prescribing, in respect of securities offered to the public, the kinds of information that must be sent to security holders periodically or on request; and different kinds of information may be prescribed in respect of different kinds of securities: .
5: Without limiting section 12 of the Acts Interpretation Act 1924 section 70
38: Action taken by Working Group on Improved Product and Investment Adviser Disclosure
Any action taken by or on behalf of the body of persons known as the Working Group on Improved Product and Investment Adviser Disclosure before the commencement of this Act in consulting with persons or organisations on proposed amendments to the Securities Regulations 1983 section 70(3)(a) subsection (1) section 37
39: Schedule 1 Schedule 1 section 47(1) Financial Reporting Act 1993 Industrial and Provident Societies Act 1908 Investment Advisers (Disclosure) Act 1996 |
DLM403254 | 1996 | Education Amendment Act 1996 | 1: Short Title
1: This Act may be cited as the Education Amendment Act 1996, and shall be read together with and deemed part of the Education Act 1989
2: This Act shall come into force on the 1st day of January 1997.
1: Control and management of state schools
2: Staff
This section substituted section 65
2: Teacher registration
3: Interpretation
1: This subsection inserted section 120(ba)
2: This subsection inserted the definitions Registered private school Satisfactory recent teaching experience School authority Teaching position section 120
3: This subsection substituted section 122(d)
4: This subsection substituted section 123(3)
4: Restrictions on appointment and employment of teaching staff
This section inserted the heading Restrictions on Appointment and Employment of Teaching Staff sections 120A 120B
5: Determining whether or not employment satisfactorily completed
This section substituted section 125
6: Appeals from decisions of Registration Board
This section amended section 126(1)
7: Expiry of registration
1: This subsection amended section 127(1)(a)
2: This subsection substituted section 127(5)
3: This section amended section 126(1)
8: Limited authority to teach
This section inserted the heading Limited Authority to Teach sections 130A to 130H
9: Transitional
1: Subject to subsection (3) of this section, this subsection applies to every person who, immediately before the commencement of this Act,—
a: Either held, or had been appointed to but not yet taken up, a teaching position (within the meaning of section 120 section 315(1)
b: Did not hold a practising certificate section 120
2: Until the close of the 31st day of December 1997, the principal Act shall apply to every person to whom subsection (1) of this section applies as if that person holds a limited authority to teach.
3: Sections 130D 130E section 130G
10: Consequential amendments
1: This subsection inserted the definitions Authorisation List of authorised people section 120
2: This subsection inserted the heading Teacher Registration section 121
3: This subsection substituted section 137(d)
11: Membership of Registration Board
This section substituted section 132(3)
12: Registration Board may disclose certain information
This section section 135A
13: Board to notify cancellations
This section substituted section 138
14: New sections inserted
This section inserted sections 138A 138B
15: Restrictions on appointment and employment of teaching staff at kindergartens
This section substituted section 315 |
DLM325964 | 1960 | Maori Purposes Act 1960 | 1: Short Title
This Act may be cited as the Maori Purposes Act 1960.
2: Provisions of Maori Affairs Act 1953 to apply to this Act
Words and expressions used in this Act shall, unless a contrary intention appears, have the same meaning as in the Maori Affairs Act 1953 Amendments to Principal Act
3:
4:
5:
6:
7:
8:
9:
10:
11:
12:
13:
14:
15:
16:
17: Amendments to Other Acts Relating to Maoris
18: South Island landless Maoris
1: This subsection amended s 110(4) Maori Purposes Act 1931
2: Any grant of probate or letters of administration made before the commencement of this section which would have been valid if this section had been in force at the date of the grant is hereby validated: Provided that nothing in this subsection shall affect the validity of any disposition of any interest in land by any vesting or succession order of the Maori Land Court made before the commencement of this section.
19: Section 19 repealed 6(2) Maori Purposes Act 1967
20: Section 20 inserted 12A Maori Housing Amendment Act 1938
21: Section 21 repealed 16(4) Maori Purposes Act 1961
22: Disposition of interests in reserved land
1:
2: This subsection inserted subs (3)(a) s 20 Maori Reserved Land Act 1955 Subsection (1) repealed Maori Affairs Amendment Act 1967
23: Removal of restrictions on alienation
1: This subsection amended s 30(1) Maori Purposes Act 1959
2: Every alienation of land made before the commencement of this section which would have been lawful if section 30 Maori Purposes Act 1959 |
DLM325931 | 1960 | Finance Act 1960 | 1: Short Title
This Act may be cited as the Finance Act 1960.
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 11 October 1959, which shall not exceed in any case the sum of 40 pounds a year.
2: This section shall be deemed to have come into force on 12 October 1959.
3: Issue of Development Bonds free of income tax
Section 3 repealed 1 April 1978 Public Finance Act 1977
4: Minister of Finance may acquire shares in certain societies
The Minister of Finance may from time to time on behalf of Her Majesty the Queen subscribe for or otherwise acquire, without further appropriation than this section, shares or interests in Producers Meats (North Island) Limited and in Primary Producers Co-operative Society Limited (being societies registered under the Industrial and Provident Societies Act 1908
5: Accounts of New Zealand Steel Investigating Company Limited
1: Notwithstanding anything in the Companies Act 1955 Public Revenues Act 1953
2: Nothing in sections 151 to 153 or in sections 163 to 166 of the Companies Act 1955
6: Validating grants made by the National Roads Board
Notwithstanding anything to the contrary in the National Roads Act 1953, it shall be lawful and be deemed to have been lawful for the National Roads Board to grant and pay to any local authority in the financial year ending 31 March 1961 the amount by which any subsidies payable to that local authority in that financial year are required to be reduced in accordance with subsection (3) of section 17 of the National Roads Amendment Act 1959.
7: Saving of member of Parliament from disqualification
The provisions of the Electoral Act 1956 as to the disqualification of members of Parliament or of candidates for election as members of Parliament shall not apply with respect to any payment that has been received out of public money by Reginald Alfred Keeling, Esquire, Member of Parliament, in respect of his attendance at a Conference of the International Labour Organisation which convened in Geneva on 1 June 1960.
8: Repeal of Products Export Act 1908
1: The Products Export Act 1908, the Products Export Amendment Act 1929, and the Products Export Amendment Act 1935 are hereby repealed.
2: Amendment(s) incorporated in the Act(s)
9: Limit of interest-bearing deposits and investment accounts with trustee savings banks
Section 9 repealed 1 October 1964 Trustee Savings Banks Amendment Act 1964 |
DLM325010 | 1960 | Cook Islands Amendment Act 1960 | 1: Short Title
This Act may be cited as the Cook Islands Amendment Act 1960, and shall be read together with and deemed part of the Cook Islands Act 1915
1: Housing improvement
2: Interpretation
In this Part of this Act, unless the context otherwise requires,— Advance Board Director of Social Development Housing Improvement Fund Fund section 3 Housing purpose subsection (2) section 19 Occupation order the Land Court section 50 Cook Islands Amendment Act 1946 Occupation order: The words the Land Court substituted 4 August 1965 the Native Land Court 57(4) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965 Society Cook Islands Co-operative Societies Regulations 1953 Treasurer the officer of the Cook Islands Public Service holding the office of Financial Secretary Treasurer: amended, as from 7 June 1965 Cook Islands Amendment Act 1965 by substituting the words the officer of the Cook Islands Public Service holding the office of Financial Secretary the Treasurer of the Cook Islands appointed under section 17 of the Cook Islands Amendment Act 1957 Vesting order the Land Court Part 2 Vesting order: The words the Land Court substituted 4 August 1965 57(4) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
3: Section 3 repealed 27 November 1970 Cook Islands Amendment Act 1970
4: Section 4 repealed 27 November 1970 Cook Islands Amendment Act 1970
5: Section 5 repealed 27 November 1970 Cook Islands Amendment Act 1970
6: Section 6 repealed 27 November 1970 Cook Islands Amendment Act 1970
7: Section 7 repealed 27 November 1970 Cook Islands Amendment Act 1970
8: Section 8 repealed 27 November 1970 Cook Islands Amendment Act 1970
9: Section 9 repealed 27 November 1970 Cook Islands Amendment Act 1970
10: Section 10 repealed 27 November 1970 Cook Islands Amendment Act 1970
11: Section 11 repealed 27 November 1970 Cook Islands Amendment Act 1970
12: Section 12 repealed 27 November 1970 Cook Islands Amendment Act 1970
13: Section 13 repealed 27 November 1970 Cook Islands Amendment Act 1970
14: Section 14 repealed 27 November 1970 Cook Islands Amendment Act 1970
15: Section 15 repealed 27 November 1970 Cook Islands Amendment Act 1970
16: Section 16 repealed 27 November 1970 Cook Islands Amendment Act 1970
17: Section 17 repealed 27 November 1970 Cook Islands Amendment Act 1970
18: Section 18 repealed 27 November 1970 Cook Islands Amendment Act 1970
19: Section 19 repealed 27 November 1970 Cook Islands Amendment Act 1970
20: Section 20 repealed 1 January 1967 Cook Islands Amendment Act 1966
21:
22: Repeals
Sections 7 to 10 (1) (4) Cook Islands Amendment Act 1958
2: Vesting orders
23: Vesting orders
1: The Land Court
2: No vesting order shall be made vesting any area exceeding one-third of an acre in any one person or in 2 or more persons as joint tenants: Provided that the Court may make a vesting order in respect of a larger area in any case where it is satisfied that the nature of the land is such that it is unsuitable for subdivision into lots that will enable a vesting order to be made in respect of an area of not more than one-third of an acre.
3: In the making of a vesting order, the Court shall determine the value of the land or of the interest in land comprised therein, and the value so determined shall for the purposes of this Part of this Act be final and conclusive. In subsection (1) The Land Court substituted 4 August 1965 The Native Land Court 57(4) Cook Islands Amendment Act 1964
24: Duty on vesting orders
1: No stamp duty shall be payable in respect of any vesting order if the value of the land or of the interest in land comprised therein, as determined by the Court, does not exceed the sum of $200
2: Where the value of the land or interest in land comprised in any vesting order exceeds the sum of $200
25: Court may cancel vesting order
1: Where the Court has made a vesting order, and it is shown to the satisfaction of the Court that the land has not been used and continued to be used as a site for a dwelling within 5 years after the date of the order, the Court may, in its discretion and with the consent of any mortgagee or other encumbrancer, make an order cancelling the vesting order.
2: On the cancellation of any vesting order as aforesaid, the Court may, if it thinks fit, make an order vesting the estate or interest in the former owner, or in any other person whom the Court deems to be justly entitled thereto.
26: Succession to interest under vesting order
The persons entitled on the death of a Native or a descendant of a Native to succeed to any interest acquired under a vesting order in any land shall be the same persons who would, under Native custom, be entitled to succeed to any interest owned by the deceased in the same land before the making of the vesting order: Provided that, where the Land Court Provided further that, if the person to whom any land is transferred under a vesting order did not at the time the vesting order was made have any beneficial interest therein, the Land Court section 446 The words The Land Court substituted 4 August 1965 The Native Land Court 57(4) Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
27: Land subject to mortgage or encumbrance
1: No order shall be made under this Part of this Act in respect of any land or interest in land that is subject to any mortgage, charge, or other encumbrance, without the consent of the mortgagee or person entitled to the benefit of the charge or encumbrance.
2: In any such case the Court may make such order as it thinks proper for the apportionment or adjustment of the rights and obligations of any person under any such mortgage, charge, or other encumbrance, and every order of apportionment or adjustment shall have effect accordingly and may be registered or recorded as the Court directs.
3: Miscellaneous amendments
28: Section 28 repealed 4 August 1965 58 Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965
29: Section 29 repealed 1 January 1967 2(3) Cook Islands Amendment Act 1966
30: Section 30 repealed 4 August 1965 58 Cook Islands Amendment Act 1964 See regulation 2 Cook Islands Constitution Act Commencement Order 1965 |
DLM325255 | 1960 | Forests Amendment Act 1960 | 1: Short Title
This Act may be cited as the Forests Amendment Act 1960, and shall be read together with and deemed part of the Forests Act 1949
2: Director-General of Forests
1:
2: This subsection substituted the definition of the term Director-General Secretary Director section 2(1)
3:
a: This paragraph amended sections 4 59 68 72
b: This paragraph amended section 9(1)
4: All references to the Director of Forestry in any other enactment or in any document whatsoever shall be read hereafter as references to the Secretary of Forestry Repealed 1 April 1987 State-Owned Enterprises Amendment Act 1987 |
DLM324662 | 1960 | Cheques Act 1960 | 1: Short Title and commencement
1: This Act may be cited as the Cheques Act 1960, and shall be read together with and deemed part of the Bills of Exchange Act 1908 the principal Act
2: This Act shall come into force on 1 January 1961.
2: Protection of bankers paying unindorsed or irregularly indorsed cheques
1: Where a banker in good faith and in the ordinary course of business pays a cheque drawn on him which is not indorsed or is irregularly indorsed, he shall not, in doing so, incur any liability by reason only of the absence of, or irregularity in, indorsement, and he shall be deemed to have paid it in due course.
2: Where a banker in good faith and in the ordinary course of business pays any such instrument as the following, namely—
a: a document issued by a customer of his which, though not a bill of exchange, is intended to enable a person to obtain payment from him of the sum mentioned in the document; or
b: a draft payable on demand drawn by him upon himself whether payable at the head office or some other office of his bank— he shall not, in doing so, incur any liability by reason only of the absence of, or irregularity in, indorsement, and the payment shall discharge the instrument.
3: Rights of bankers collecting cheques not indorsed by holders
A banker who gives value for, or has a lien on, a cheque payable to order which the holder delivers to him for collection without indorsing it shall have such rights (if any) as he would have had if, upon delivery, the holder had indorsed it in blank.
4: Unindorsed cheques as evidence of payment
An unindorsed cheque which appears to have been paid by a banker on whom it is drawn shall, in the absence of proof to the contrary, be sufficient evidence of the receipt by the payee of the sum payable by the cheque.
5: Protection of bankers collecting payment of cheques
1: Where a banker in good faith and without negligence—
a: receives payment for a customer of an instrument to which this section applies; or
b: having credited a customer's account with the amount of any such instrument receives payment thereof for himself— and the customer has no title, or a defective title, to the instrument, the banker shall not incur any liability to the true owner of the instrument by reason only of having received payment thereof.
2: This section applies to the following instruments, namely:
a: cheques:
b: any document issued by a customer of a banker which, though not a bill of exchange, is intended to enable a person to obtain payment from that banker of the sum mentioned in the document:
c: any document, not being a bill of exchange, issued by an official in the service of Her Majesty which is intended to enable a person to obtain payment from a Crown Bank Account the Public Finance Act 1989
d: any document, not being a bill of exchange, issued by any person or authority which is intended to enable a person to obtain payment from any such account as may from time to time be specified in that behalf by the Governor-General by Order in Council of the sum mentioned in the document:
e: any draft payable on demand drawn by a banker upon himself, whether payable at the head office or some other office of his bank.
3: A banker shall not be treated for the purposes of this section as having been negligent by reason only of his failure to concern himself with the absence of, or irregularity in, indorsement of an instrument.
4: An order under subsection (2)(d) 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 5(2)(c) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 5(2)(c) amended 1 July 1989 section 87 Public Finance Act 1989 Section 5(2)(c) amended 1 April 1978 Public Finance Act 1977 Section 5(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
6: Application of certain provisions of principal Act
The provisions of the principal Act relating to crossed cheques shall, so far as applicable, have effect in relation to instruments (other than cheques) to which section 5
7: Effect of Act
Nothing in the provisions of this Act shall be deemed to make negotiable any instrument which, apart from those provisions, is not negotiable.
7A: Interpretation
1: For the purposes of sections 7D 7E inter-bank clearing system
2: Notwithstanding section 73 sections 7B to 7E
a: a document issued by a customer of a bank that, although not a bill of exchange, is intended to enable a person to obtain payment from the bank of a sum mentioned in the document; and
b: a draft payable on demand drawn by a bank upon that bank whether payable at the head office or some other office of that bank. Section 7A inserted 30 June 1995 section 2 Bills of Exchange Amendment Act 1995
7B: Non-transferable cheques
1: This section applies to a cheque that is crossed and that bears across its face—
a: the words Not transferable Non-transferable
b: the words account payee a/c payee only
2: A cheque to which this section applies is valid only as between the parties to it and is not transferable.
3: Where a cheque to which this section applies contains an endorsement that is intended to have the effect of negotiating or transferring ownership of the cheque,—
a: the endorsement is not effective to transfer ownership of the cheque; and
b: to the extent that a banker collects the cheque without giving effect to the endorsement, the banker acts in the ordinary course of business and without negligence; and
c: to the extent that a banker collects the cheque giving effect to the endorsement, the banker does not act in the ordinary course of business and without negligence; and
d: if it is necessary for a banker who pays the cheque to consider whether the person by whom or on whose behalf the cheque is presented for payment is the true owner of the cheque,—
i: to the extent that the banker pays the cheque without giving effect to the endorsement, the banker acts in the ordinary course of business and without negligence; and
ii: to the extent that the banker pays the cheque giving effect to the endorsement, the banker does not act in the ordinary course of business and without negligence.
4: Nothing in section 8(1)
5: This section shall come into force on 1 January 1996. Section 7B inserted 30 June 1995 section 2 Bills of Exchange Amendment Act 1995
7C: Transfer of dishonoured cheques permitted in certain cases
1: Nothing in section 7B
a: after it has been presented for payment by or on behalf of the payee and been dishonoured by non-payment; and
b: in favour of any person (including the collecting banker in respect of the cheque) who—
i: is authorised by the payee of the cheque to recover payment of the amount of the cheque on behalf of the payee; or
ii: has paid or credited the payee of the cheque with the whole or part of the amount of the cheque and is authorised by the payee to recover payment of the amount of the cheque on that person's own behalf.
2: This section shall come into force on 1 January 1996. Section 7C inserted 30 June 1995 section 2 Bills of Exchange Amendment Act 1995
7D: Presentment of cheques for payment
1: A cheque is presented for payment if it is presented in accordance with the following rules:
a: presentment must be made within a reasonable time after the date of the cheque:
b: presentment must be made—
i: by the holder, or by some person authorised to receive payment on behalf of the holder, presenting the cheque at the branch of the bank on which the cheque is drawn or at such other place as may be specified on the cheque, as the case may be, at a time when the branch or other place is open for business; or
ii: by the bank receiving payment for a customer or for that bank presenting the cheque at the place designated by the paying bank in accordance with the rules of an inter-bank clearing system; or
iii: if the cheque is a cheque referred to in subsection (4) or belongs to a class of cheques referred to in that subsection, by the bank receiving payment for a customer or for that bank delivering to the paying bank particulars of the cheque by electronic or other means in accordance with the rules of an inter-bank clearing system:
c: where a cheque is presented for payment in accordance with paragraph (b)(i) or (ii) at the proper place for presentment and no person with authority to pay or refuse payment of the cheque is available, no further presentment to the bank upon which the cheque is drawn is required.
2: Where a cheque is presented for payment in accordance with subsection (1)(b)(iii), the paying bank may—
a: request the collecting bank to provide it with such further particulars in relation to the cheque as it may specify; or
b: whether or not it has made a request under paragraph (a), request the collecting bank to exhibit the cheque or a copy of the cheque to it.
3: After a cheque that has been presented under subsection (1)(b)(iii) is paid, the collecting bank must, when required to do so by the paying bank, but subject to such conditions as may be specified in the rules of the inter-bank clearing system, give possession of the cheque to the paying bank.
4: Any banks or branches of banks that are bound by the rules of an inter-bank clearing system may, from time to time, by agreement in writing, determine that subsection (1)(b)(iii) shall apply in relation to such cheques or such classes of cheques as may be specified in the agreement.
5: Nothing in section 45(2) Section 7D inserted 30 June 1995 section 2 Bills of Exchange Amendment Act 1995
7E: Liability of paying bank
1: This section applies to a cheque that has been presented for payment in accordance with section 7D(1)(b)(iii)
2: A paying bank that pays a cheque to which this section applies is not negligent and does not act otherwise than in the ordinary course of business by reason only of having determined, by an agreement entered into under subsection (4) of section 7D
3: Except as provided in subsection (2), a paying bank that pays a cheque to which this section applies is not relieved from any liability to which it would have been subject if the cheque had been presented otherwise than in accordance with section 7D(1)(b)(iii)
4: Without limiting subsection (3), a paying bank that pays a cheque to which this section applies shall be treated as having been required to make such inquiries and take such action as would have been required if the cheque had been presented for payment in accordance with section 7D(1)(b)(i) or (ii) Section 7E inserted 30 June 1995 section 2 Bills of Exchange Amendment Act 1995
8: Repeal and saving
1: Section 82
2: Where in any enactment a reference is made to section 82 |
DLM324687 | 1960 | Municipal Insurance Act 1960 | 1: Short Title
This Act may be cited as the Municipal Insurance Act 1960.
2: Interpretation
In this Act, unless the context otherwise requires,— the company local authority Local Government Act 2002 Section 2 council repealed 22 October 1981 Municipal Insurance Amendment Act 1981 Section 2 local authority replaced 1 July 2003 section 262 Local Government Act 2002
3: Authority to register company
1: Notwithstanding anything to the contrary in the Companies Act 1955 The New Zealand Municipalities Cooperative Insurance Company Limited
2: The consent of the Minister to the registration of the company may be given upon or subject to such conditions as he thinks fit, including, if he so requires, a condition that the company shall not be entitled to exercise any specified powers conferred on it by its memorandum of association or by its articles of association except with the prior consent of the Governor-General in Council.
4: Restriction on altering memorandum or articles
The company may not alter its memorandum of association or its articles of association except with the prior consent in writing of the Minister of Finance.
5: Membership of company
Subject to the provisions of the memorandum and articles of association of the company, any local authority may Section 5 amended 22 October 1981 Municipal Insurance Amendment Act 1981
6: Raising money to pay for shares
Section 6 repealed 1 July 2003 section 262 Local Government Act 2002
7: Insurance and accident funds may be applied in payment of shares and premiums
Any local authority section 128 section 129 of the Municipal Corporations Act 1954 or established pursuant to section 208 section 209 Section 7 amended 22 October 1981 Municipal Insurance Amendment Act 1981 Section 7 amended 1 April 1980 section 8(3) Local Government Amendment Act 1979 |
DLM325093 | 1960 | Antarctica Act 1960 | 1: Short Title and commencement
1: This Act may be cited as the Antarctica Act 1960.
2: Sections 4 to 6
3: Except as provided in subsection (2), this Act shall come into force on its passing.
4: A Proclamation 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) sections 4–6 brought into force 27 June 1961 clause 2 Antarctica Act Commencement Order 1961 Section 1(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
1: In this Act, unless the context otherwise requires,— Antarctica exchanged scientist New Zealand aircraft Civil Aviation Act 1990 New Zealand ship observer Schedule 2 Treaty Schedule 1
2: For the purposes of this Act, a person shall be deemed to be ordinarily resident in New Zealand if—
a: his home is in New Zealand; or
b: he is residing in New Zealand with the intention of residing therein indefinitely; or
c: having resided in New Zealand with the intention of establishing his home therein, or with the intention of residing in New Zealand indefinitely, he is outside New Zealand but has an intention to return to establish his home therein or to reside in New Zealand indefinitely. Section 2(1) New Zealand aircraft amended 1 September 1990 section 101(1) Civil Aviation Act 1990 Section 2(1) observer replaced 23 January 1998 section 56(1) Antarctica (Environmental Protection) Act 1994 Section 2(1) Treaty amended 29 October 1970 Antarctica Amendment Act 1970
3: Offences
1: This section applies to any act done or omitted—
a: in the Ross Dependency, by any person; or
b: in any part of Antarctica, other than the Ross Dependency, that is not within the jurisdiction of any country, by any person who is a New Zealand citizen or a person ordinarily resident in New Zealand.
2: Subject to the provisions of this Act, where any person does or omits any act to which this section applies, and that act or omission would, if it occurred in New Zealand, be an offence an offence
3: Notwithstanding anything in any other enactment, proceedings for the trial and punishment of any person who,—
a: not being a New Zealand citizen or a person ordinarily resident in New Zealand, is charged with having committed an offence
b: being a New Zealand citizen or a person ordinarily resident in New Zealand, is charged with having committed, in the Ross Dependency, an offence
c: being a New Zealand citizen or a person ordinarily resident in New Zealand, is charged with having committed an offence shall not, by virtue only of the provisions of this Act, be instituted in any court except with the consent of the Attorney-General and on his certificate that it is expedient that the proceedings should be instituted: provided that a person so charged may be arrested, or a warrant for his arrest may be issued and executed, and he may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the institution of a prosecution for the offence Section 3 heading amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 3(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 3(3)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 3(3)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 3(3)(c) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 3(3) proviso amended 1 July 2013 section 413 Criminal Procedure Act 2011
4: Offences
1: This section applies to any act done or omitted in any part of Antarctica, other than the Ross Dependency, that is within the jurisdiction of any country by any New Zealand citizen who is an observer or exchanged scientist or a member of the staff accompanying any observer or exchanged scientist, while he is in that part of Antarctica for the purpose of exercising his functions.
2: Subject to the provisions of this Act, where any person does or omits any act to which this section applies, and that act or omission would, if it occurred in New Zealand, be an offence an offence
3: The provisions of subsection (3) of section 3 Section 4 heading amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 4(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
5: Restriction of jurisdiction over certain nationals of other countries
1: Notwithstanding anything in section 3 section 7
2: In respect of any act or omission to which this section applies, the Contracting Party of which the person who did or omitted the act is a national may waive any immunity of that person under this section; and thereupon, to the extent of the waiver, the courts of New Zealand shall have such jurisdiction as they would have had if subsection (1) had not been passed.
6: Certificate of Minister of Foreign Affairs and Trade to be evidence of certain facts
If in any proceedings there arises any question whether or not any person is or was at any time an observer or exchanged scientist, or a member of the staff accompanying any observer or exchanged scientist, within the meaning of this Act, or whether or not any immunity has been waived under section 5 Section 6 replaced 1 July 1993 section 6(1) Foreign Affairs Amendment Act 1993
6A: Regulations for conservation of Antarctic fauna and flora
Section 6A repealed 23 January 1998 section 56(1) Antarctica (Environmental Protection) Act 1994
7: Saving of jurisdiction otherwise than under this Act
1: Nothing in this Act shall limit, affect, or extend the jurisdiction of any New Zealand court under any enactment or rule of law in respect of acts done or omitted on the high seas within Antarctica.
2: Except as provided in subsection (3) of section 3 section 4 |
DLM325263 | 1960 | Unit Trusts Act 1960 | 1: Short Title and commencement
1: This Act may be cited as the Unit Trusts Act 1960.
2: This Act shall come into force on 1 April 1961.
2: Interpretation
1: In this Act, unless the context otherwise requires,— bank a person carrying on in New Zealand the business of banking company Companies Act 1955 Companies Act 1993 District Registrar FMA Part 2 interest in a unit trust manager Minister nominated person section 6 nominee section 6B portfolio investment entity Income Tax Act 2007 Registrar trust Trustee Act 1956 trust deed trustee
a: the trustee in which is vested any money, investments, and other property that are for the time being subject to the trusts governing the unit trust; or
b: if any money, investments, and other property that are for the time being subject to the trusts governing the unit trust are vested in a nominated person, the trustee that appointed the nominated person; or
c: if any money, investments, and other property that are for the time being subject to the trusts governing the unit trust are vested in a nominee of a nominated person, the trustee that appointed the nominated person unit holder section 13 unit trust that is established under New Zealand law and and not as an association
a: a trust for the benefit of debenture holders; or
b: the Common Fund of Public Trust
c: the Common Fund of the Māori Trustee
d: any Group Investment Fund established under the Trustee Companies Act 1960
da: any group investment fund established under the Public Trust Office Act 1957 Public Trust Act 2001
e: any friendly society or credit union registered or deemed to be registered under the Friendly Societies and Credit Unions Act 1982
f: any superannuation scheme which Superannuation Schemes Act 1989
g: a share purchase scheme as defined in section YA 1
h: any trust fund or global asset trust or GAT subsidiary or pool within the meaning of the National Provident Fund Restructuring Act 1990
2: Section 63 of the Companies Act 1955 Section 2(1) bank amended 30 June 1995 section 2(2) Banking Act Repeal Act 1995 Section 2(1) company replaced 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 2(1) FMA inserted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 2(1) Minister replaced 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 2(1) nominated company repealed 3 June 1998 section 2(1) Unit Trusts Amendment Act 1998 Section 2(1) nominated person inserted 3 June 1998 section 2(1) Unit Trusts Amendment Act 1998 Section 2(1) nominee inserted 3 June 1998 section 2(1) Unit Trusts Amendment Act 1998 Section 2(1) portfolio investment entity inserted 1 October 2007 section 246 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) trustee replaced 3 June 1998 section 2(2) Unit Trusts Amendment Act 1998 Section 2(1) unit trust amended 1 December 2002 section 28 Securities Amendment Act 2002 Section 2(1) unit trust amended 1 January 1974 Syndicates Act 1973 Section 2(1) unit trust amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 2(1) unit trust amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 2(1) unit trust inserted 1 March 2002 section 170(1) Public Trust Act 2001 Section 2(1) unit trust replaced 1 April 1983 section 161(1) Friendly Societies and Credit Unions Act 1982 Section 2(1) unit trust replaced 22 March 1989 section 31(1) Superannuation Schemes Act 1989 Section 2(1) unit trust amended 1 April 1990 section 32(3) Superannuation Schemes Act 1989 Section 2(1) unit trust paragraph (g): replaced 1 April 2005 section YA 2 Income Tax Act 2004 Section 2(1) unit trust amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 2(1) unit trust inserted 1 April 1991 section 77 National Provident Fund Restructuring Act 1990
3: Unit trust to have manager and trustee
1: There shall be a manager and a trustee of every unit trust.
2: Subject to the provisions of this Act, the company that is the manager of any unit trust—
a: shall have vested in it the powers of management of the investments and other property that are subject to the trusts governing that unit trust; and
b: shall have the function (whether as principal or by an agent) of issuing or offering interests in the unit trust to the public for subscription or purchase, or of inviting the public to subscribe for or purchase such interests, or both of those functions; and
c: shall have the same liability for its acts and omissions in the exercise of its powers and functions as manager of the unit trust as it would if it exercised those powers and functions as a trustee.
3: Subject to this Act, the trustee of a unit trust must have vested in it or in 1 or more nominated persons of the trustee or in 1 or more nominees of a nominated person of the trustee the investments and other property that are for the time being subject to the trusts governing the unit trust.
4: A trustee corporation or company or bank must not act as a trustee of a unit trust, and a company must not act as manager of a unit trust if those 2 persons are associated with each other under subpart YB Section 3(3) replaced 3 June 1998 section 3 Unit Trusts Amendment Act 1998 Section 3(4) replaced 1 April 2010 section 861 Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009
4: Restriction as to manager
1: Every manager of a unit trust shall be either—
a: a company within the meaning of the Companies Act 1955
b: a company within the meaning of the Companies Act 1993
i: a reporting entity within the meaning of the Financial Reporting Act 1993
ii: an exempt company within the meaning of the Financial Reporting Act 1993
1A: Notwithstanding anything in the Financial Reporting Act 1993
2: No company shall act as manager of a unit trust unless a person approved by the FMA
3: The sum of 20,000 pounds named in a bond given under this section shall not be deemed to be a penalty, but shall be liquidated damages, and shall accordingly be recoverable in full as a debt due by the surety to Her Majesty the Queen unless the surety proves performance of every condition upon which the bond is defeasible.
4: Every sum so recovered shall be paid into a Crown Bank Account a Crown Bank Account
5: A bond given under subsection (2) must be released if the unit trust has been wound up and the trustee and manager of the unit trust have given notice in writing of the winding up to the FMA Section 4(1) replaced 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 4(1A) inserted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 4(2) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 4(4) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 4(5) inserted 15 April 2004 section 3 Unit Trusts Amendment Act 2004 Section 4(5) amended 1 May 2011 section 82 Financial Markets Authority Act 2011
5: Restrictions as to trustee
Section 5 repealed 1 October 2011 section 78 Securities Trustees and Statutory Supervisors Act 2011
6: Nomination of person
1: If authorised by the trust deed, any trustee of a unit trust has power to nominate, in writing, 1 or more persons in which are vested any of the investments and other property referred to in section 3(3)
2: Upon the nomination of a person by the trustee, the trustee, in addition to its own obligations as trustee in relation to the unit trust, is jointly and severally liable with the nominated person for the due and faithful performance and observance by the nominated person of all the duties and obligations imposed on the nominated person in relation to the unit trust either by this Act or by law. Section 6 replaced 3 June 1998 section 4 Unit Trusts Amendment Act 1998
6A: Restrictions as to nominated person
A person must not be nominated by a trustee under section 6
a: the person is the manager or proposed manager of the unit trust in respect of which the nomination relates; or
b: the persons who are deemed by section YC 1 Section 6A inserted 3 June 1998 section 4 Unit Trusts Amendment Act 1998 Section 6A(b) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
6B: Appointment of nominee by nominated person
1: A nominated person may, if authorised in writing by the trustee of a unit trust, appoint 1 or more nominees in which are vested any of the investments and other property referred to in section 3(3)
2: Upon the appointment of a nominee, the trustee and the nominated person that appointed the nominee, in addition to their own obligations in relation to the unit trust, are jointly and severally liable with the nominee for the due and faithful performance and observance by the nominee of all the duties and obligations imposed on the nominee in relation to the unit trust by this Act or by law. Section 6B inserted 3 June 1998 section 4 Unit Trusts Amendment Act 1998
6C: Restrictions as to nominee
A person must not be appointed nominee by a nominated person under section 6B
a: the person is the manager or proposed manager of the unit trust in respect of which the appointment relates; or
b: the persons who are deemed by section YC 1 Section 6C inserted 3 June 1998 section 4 Unit Trusts Amendment Act 1998 Section 6C(b) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
7: Application of Securities Act 1978
The Securities Act 1978 Section 7 replaced 1 October 1997 section 3 Unit Trusts Amendment Act 1996
8: Appointment of trustee
No manager of a unit trust, and no person as agent of such a manager, shall issue or offer to the public for subscription or purchase any interest in a unit trust, or invite the public to subscribe for or purchase such an interest, unless—
a: provision has been made in a deed for the appointment of a trustee of the unit trust and for such other matters as are prescribed by this Act and by any regulations made thereunder; and
b: a trustee who holds a licence under the Securities Trustees and Statutory Supervisors Act 2011
c: the trust deed has been approved for the purposes of this Act by the Registrar or the District Registrar section 9 Section 8(b) amended 1 October 2011 section 79 Securities Trustees and Statutory Supervisors Act 2011 Section 8(c) amended 10 July 1987 Unit Trusts Amendment Act 1987
9: Copy of deed to be lodged with District Registrar
1: Notwithstanding anything to the contrary in section 125 of the Companies Act 1955 or section 92
2: Every such copy shall be authenticated by a director or responsible officer of the company that is trustee of the unit trust.
3: Where an authenticated copy of any amendment of the trust deed in respect of any unit trust has to be lodged with the District Registrar as aforesaid, it shall be so lodged within 14 days after the date of the execution of the amendment or (if the trust deed has not been so lodged at that date) within 14 days after the date on which the trust deed is so lodged. Section 9(1) amended 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994
10: Removal of trustees
1: A trustee may not resign as trustee of a unit trust unless—
a: all functions and duties of the position have been performed; or
b: the manager has appointed another person who holds a licence under the Securities Trustees and Statutory Supervisors Act 2011
c: the High Court consents.
2: Despite anything to the contrary in the trust deed, a manager may not discharge or remove a trustee except with the approval of the High Court.
3: Subsection (2) does not apply to the removal of a trustee by the manager under Part 2 Section 10 replaced 1 October 2011 section 80 Securities Trustees and Statutory Supervisors Act 2011
11: Obligation to make specified information available to unit holders
1: The manager of a unit trust (other than a manager referred to in subsection (2)) must, annually, send to every unit holder—
a: a copy of—
i: the audited statement of accounts in respect of the trust; and
ii: a statement summarising all amendments to the trust deed that have been made since the date of the last statement; or
b: a notice containing the statements specified in subsection (3).
2: The manager of a unit trust that is an issuer (as defined in section 4(1)
a: a copy of—
i: the financial statements registered under the Financial Reporting Act 1993
ii: the auditor's report on those statements; and
iii: a statement summarising all amendments to the trust deed that have been made since the date of the last statement; or
b: a notice containing the statements specified in subsection (3).
3: The notice referred to in subsection (1)(b) or (2)(b), as the case may be, must contain—
a: a statement to the effect that the unit holder has a right to receive from the manager, free of charge, a copy of the information specified in subsection (1)(a) or (2)(a) (the specified information
b: a statement to the effect that the unit holder may obtain a copy of the specified information by electronic means; and
c: a statement as to how the unit holder may obtain a copy of the specified information by electronic means (for example, from a specified Internet site).
4: The notice may be accompanied by any additional information or documentation that the manager thinks fit. Section 11 replaced 31 August 2012 section 4 Unit Trusts Amendment Act 2012
11A: Manager must send copy of specified information on request
1: If the manager has sent a notice to a unit holder under section 11(1)(b) or (2)(b)
2: If a unit holder makes a request under subsection (1),—
a: the request must be treated as a request for the manager to send to the unit holder each year a copy of the specified information under section 11(1)(a) or (2)(a)
b: the manager must send to the unit holder each year a copy of the specified information under section 11(1)(a) or (2)(a) Section 11A inserted 31 August 2012 section 4 Unit Trusts Amendment Act 2012
11B: Specified information made available by electronic means
If the manager has sent a notice to a unit holder under section 11(1)(b) or (2)(b)
a: a copy of the specified information is available in the manner described in section 11(3)(c) section 11(1) or 11(2)
b: the manner described in the notice under section 11(3)(c) Section 11B inserted 31 August 2012 section 4 Unit Trusts Amendment Act 2012
12: Implied provisions in trust deed
1: The following provisions shall be implied in every trust deed relating to a unit trust, notwithstanding anything to the contrary in the deed:
a: that the manager of the unit trust shall use its best endeavours to ensure that the unit trust is carried on in a proper and efficient manner:
b: that the manager of the unit trust shall—
i: make available upon demand to the trustee thereof
ii: give to the trustee of the unit trust
c: that the trustee of the unit trust shall not act on any direction of the manager to acquire any property for the unit trust or dispose of any property of the unit trust if, in the trustee's opinion conveyed in writing to the manager, the proposed acquisition or disposal is manifestly not in the interests of the unit holders; and the trustee shall not be liable to the unit holders or to the manager for so refusing to act on any direction of the manager:
d: that the manager of a unit trust shall,—
i: on request in writing of the trustee, or of either one-tenth in number of the unit holders, or of a unit holder or unit holders holding (at the date of the receipt by the manager of the request) not less than one-tenth of the value of the interests in the unit trust then held by unit holders, summon a meeting of unit holders to be held in accordance with section 18
ii: lay before the meeting copies of the last statements and summaries filed with the District Registrar in accordance with paragraph (b) of subsection (1) of section 20
1A: A provision implied in a trust deed by regulations made under section 28(2)(e)
a: does not apply to the extent that it is inconsistent with provisions implied in the trust deed by section 12(1)
b: applies despite anything else to the contrary in the trust deed.
2: Every provision implied in the trust deed relating to any unit trust in accordance with this section shall be enforceable by the trustee , the manager, Section 12(1)(b)(i) amended 3 June 1998 section 5(a) Unit Trusts Amendment Act 1998 Section 12(1)(b)(ii) amended 3 June 1998 section 5(a) Unit Trusts Amendment Act 1998 Section 12(1)(b)(ii) amended 3 June 1998 section 5(b) Unit Trusts Amendment Act 1998 Section 12(1A) inserted 1 October 2011 section 81(1) Securities Trustees and Statutory Supervisors Act 2011 Section 12(2) amended 1 October 2011 section 81(2) Securities Trustees and Statutory Supervisors Act 2011
12A: Implied provision in trust deed of portfolio investment entity
1: The provision in subsection (2) shall be implied in every trust deed relating to a unit trust for which the trustee is a portfolio investment entity, notwithstanding anything to the contrary in the deed.
2: Where any money, investments or other property of the unit trust is employed in an activity carried on as a portfolio investment entity, the manager may adjust the interests in the unit trust of the beneficiaries in the way required by section HL 7 Section 12A inserted 1 October 2007 section 247 Taxation (Savings Investment and Miscellaneous Provisions) Act 2006
13: Certificate of interest to be issued
Section 13 repealed 1 October 1997 section 5 Unit Trusts Amendment Act 1996
14: Duty of manager with respect to subscriptions
1: The manager of any unit trust shall pay into a separate bank account all money received by that manager or any agent of that manager in respect of purchases of or subscriptions for interests in that unit trust.
2: The manager of any unit trust shall, within such period not exceeding 7 days as the trust deed provides, pay to the trustee or a nominated person of the trustee or a nominee of a nominated person of the trustee Section 14(2) amended 3 June 1998 section 6 Unit Trusts Amendment Act 1998
15: Subscriptions, etc, to become subject to trusts
All money required to be paid to the trustee or a nominated person of the trustee or a nominee of a nominated person of the trustee subsection (2) of section 14 Section 15 amended 3 June 1998 section 7 Unit Trusts Amendment Act 1998
16: Trust deed to state conditions for buying back interests
1: The trust deed in respect of each unit trust shall state whether the manager has an obligation to buy back interests in the unit trust if requested to do so.
2: Where the manager has such an obligation, the trust deed shall also state the manner in which and the conditions on which such interests are to be bought back, including the method of calculating the minimum price at which interests are to be bought back.
17: Interests in unit trust to be transferable
1: Every interest in a unit trust shall be transferable.
2: Where interests in a unit trust are transferable as aforesaid, the trust deed in respect of the unit trust shall state the manner in which transfers of interests in the unit trust shall be made and recorded.
18: Meeting of unit holders
1: Where a meeting of the unit holders of any unit trust is held in accordance with subparagraph (i) of paragraph (d) of subsection (1) of section 12
2: A unit holder or unit holders holding not less than three-quarters of the value of the interests in the unit trust held by the unit holders who are present in person or by proxy at any such meeting and vote, and who hold not less than one-quarter of the value of all the interests in the unit trust held by unit holders, shall have the power by resolution to give such directions to the trustee of the unit trust as they think proper concerning the unit trust, being directions that are consistent with the provisions of the trust deed and this Act and any directions given by the Financial Markets Authority under the Securities Trustees and Statutory Supervisors Act 2011
3: Where any direction is so given to the trustee of a unit trust, the trustee may comply with the direction, and shall not be liable for anything done or omitted by it by reason of its following that advice or direction.
4: In any case where the trustee of a unit trust is of opinion that any direction so given conflicts with the trusts, a direction of the Financial Markets Authority, any rule of law, the High Court provided that nothing in this subsection shall make it necessary to apply to the court for directions.
5: Where a unit holder is a company or other corporation its properly appointed representative may be its proxy. Section 18(2) amended 1 October 2011 section 82(1) Securities Trustees and Statutory Supervisors Act 2011 Section 18(4) amended 1 October 2011 section 82(2) Securities Trustees and Statutory Supervisors Act 2011 Section 18(4) amended 1 April 1980 section 12 Judicature Amendment Act 1979
19: Removal of manager
1: The court may, on the application of the trustee of a unit trust, or any unit holder, or of the FMA
2: The manager of any unit trust shall cease to hold that office if—
a: the trustee certifies that it is in the interest of the unit holders that the manager should do so; or
b: the unit holders, at a meeting held pursuant to section 18
3: If the court orders the removal of the manager of any unit trust, or if any manager of a unit trust ceases to hold office under subsection (2), that manager shall immediately desist from all activities related to the unit trust. Section 19(1) amended 1 May 2011 section 82 Financial Markets Authority Act 2011
19A: Trustee may apply to High Court for orders relating to unit trust
1: This section applies if a trustee is satisfied that—
a: there is a significant risk that the interests of unit holders will be materially prejudiced; or
b: the provisions of the trust deed are no longer adequate to give proper protection to unit holders.
2: The trustee may apply to the High Court for an order under this section.
3: The court may direct that an application be served on any person that the court thinks fit.
4: On an application, the court may, after giving the manager and any other persons that the court thinks fit the opportunity to be heard, by order—
a: amend the provisions of the trust deed:
b: impose restrictions on the activities of the trustee or the manager (including, in the case of the manager, restrictions on advertising) that the court thinks are necessary for the protection of the interests of unit holders:
c: direct the manager or trustee to convene a meeting of unit holders for the purpose of—
i: having placed before them by the trustee any information relating to their interests, and any proposals for the protection of their interests, that the court or the trustee considers necessary or appropriate; and
ii: obtaining their opinions or directions in relation to the information and proposals referred to in subparagraph (i):
d: give directions in relation to the conduct of any meeting convened in accordance with paragraph (c):
e: stay all civil proceedings before any court by or against the trustee or the manager:
f: restrain the payment of money by the trustee or the manager to unit holders or a class of unit holders:
g: remove a person as manager and appoint another person as manager (with any powers that the court orders):
h: give any other directions that the court considers necessary to protect the interests of unit holders, or the public.
5: The court may vary or cancel an order made under this section.
6: In exercising its powers under this section, the court must have regard to the interests of all creditors in respect of the unit trust. 1978 No 103 s 49 Section 19A inserted 1 October 2011 section 83 Securities Trustees and Statutory Supervisors Act 2011
20: Accounts, etc, to be filed
1:
2: The manager , in relation to each unit trust, that is not an issuer within the meaning of section 4
2A: The manager , in relation to each unit trust, section 4
3: Where a new trustee or a new manager of a unit trust is appointed at any time after the commencement of the trust, that trustee or manager shall give notice of the appointment to the District Registrar within 28 days after the date of the appointment.
4: The documents lodged with the District Registrar pursuant to section 9
5: Every list, statement, summary, and document filed with the District Registrar under this section shall be verified by a statutory declaration made by a director of the company that is manager of the unit trust or by a responsible officer of the company. Section 20(1) repealed 15 April 2004 section 4 Unit Trusts Amendment Act 2004 Section 20(2) amended 3 May 2001 section 3(a) Unit Trusts Amendment Act 2001 Section 20(2) amended 1 July 1994 section 49 Financial Reporting Act 1993 Section 20(2A) inserted 1 July 1994 section 49 Financial Reporting Act 1993 Section 20(2A) amended 3 May 2001 section 3(b) Unit Trusts Amendment Act 2001
21: Appointment of inspectors
1: One or more inspectors to investigate and report on the affairs of any unit trust and its manager may be appointed by—
a:
b: the High Court
2: Every such inspector shall have in relation to the unit trust and its manager and affairs all the powers conferred on an inspector in relation to a company and its affairs by section 171 of the Companies Act 1955 the High Court
3: If any officer or agent of a company that is manager of a unit trust in respect of which an inspector has been appointed under this section refuses to produce to the inspector any book or paper which it is his duty under this section so to produce, or refuses to answer any question which is put to him by the inspector with respect to the affairs of the company or unit trust, that officer or agent commits an offence and is liable on
4: No such officer or agent shall be excused from answering any question put to him by an inspector with respect to the affairs of the company or unit trust on the ground that the answer may incriminate or tend to incriminate him, but no statement made by him in answer to any such question shall be admissible against him in criminal proceedings, except proceedings under the Crimes Act 1961 Section 21(1)(a) repealed 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 21(1)(b) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 21(2) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 21(2) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 21(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 21(4) amended 1 January 1962 section 412(2) Crimes Act 1961
22: Court may confer additional powers of management
1: Subject to any contrary intention expressed in the trust deed in respect of any unit trust, where in the opinion of the High Court the High Court
2: An application to the court under this section may be made by either the manager or the trustee or any unit holder. Section 22(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979
23: Temporary managers
1: If any vacancy occurs in the office of manager of a unit trust, the trustee thereof shall have the power to appoint a qualified company as temporary manager thereof, which temporary manager shall have all the powers conferred on the manager by the trust deed or by law until a manager is appointed.
2: Upon any such vacancy occurring, the trustee of the unit trust shall summon a meeting of the unit holders of the unit trust, and shall take such steps as that meeting or any subsequent meeting of those unit holders may require to secure the appointment of that company or some other qualified company as manager of the unit trust.
24: Trust deed not to exempt trustee or manager from liability
1: The trustee of a unit trust and the manager thereof shall each have the same duty to observe care and diligence in the performance of its duties as any other trustee, and shall each be entitled to the same indemnities and relief as any other trustee.
2: Any provision in a trust deed governing a unit trust or in any other instrument shall be void so far as it would have the effect of—
a: exempting the trustee or manager or any director or officer of the trustee or manager from liability for breach of trust where it or he fails to show the degree of care and diligence required of it or him in that capacity, having regard to the provisions of the trust deed and the powers, authorities, or discretions conferred thereby:
b: indemnifying the trustee or manager or any such director or officer from any such liability.
25: Offences
1: Every person commits an offence and is liable on $1,000,000
a: issues any interest in a unit trust or offers any such interest to the public for subscription or purchase, or invites the public to subscribe for or purchase such an interest, in contravention of any provision of this Act; or
b: subsection (3) of section 19
2: Every person commits an offence and is liable on $10,000 sections 9 11 11A 11B 14 20
3: Every person who has at any time, whether before or after the commencement of this Act, been convicted of a crime involving dishonesty within the meaning of the Crimes Act 1961 $200,000 FMA Section 25(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 25(1) amended 15 April 2004 section 5(1)(a) Unit Trusts Amendment Act 2004 Section 25(1)(b) amended 15 April 2004 section 5(1)(b) Unit Trusts Amendment Act 2004 Section 25(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 25(2) amended 31 August 2012 section 5 Unit Trusts Amendment Act 2012 Section 25(2) amended 15 April 2004 section 5(2)(a) Unit Trusts Amendment Act 2004 Section 25(2) amended 15 April 2004 section 5(2)(b) Unit Trusts Amendment Act 2004 Section 25(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 25(3) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 25(3) amended 15 April 2004 section 5(3) Unit Trusts Amendment Act 2004 Section 25(3) : amended 1 January 1962 section 412(2) Crimes Act 1961
26: Restriction on personal benefits by directors or officers
1: Every person who is a director or officer of a company that is the manager of a unit trust, or of a trustee corporation or company or bank that is the trustee of a unit trust, shall be a trustee for the benefit of the unit holders of any personal profit or benefit which he gains by availing himself of his position, whether by buying or selling or joining in buying or selling investments or securities or otherwise: provided that nothing in this subsection shall affect the right of any such director or officer to receive and retain remuneration from the trustee corporation or company or bank of which he is a director or officer.
2: Any such personal profit shall be transferred to the trustee of the unit trust, and may be recovered by that trustee from the person who gained it.
27: Power of court to assess damages against delinquent directors of manager
1: If, in the course of winding up any company that is the manager of a unit trust, it appears that the company has misapplied or retained or become liable or accountable for any money or property of the unit trust, or committed any misfeasance or breach of trust in relation to the unit trust, the court may, on the application of the Official Assignee or of the liquidator or of the trustee or of any unit holder, examine into the conduct of any past or present director, manager, or liquidator, or any officer of the company who has been a party to or knowingly permitted the misapplication, retention, misfeasance, or breach of trust, and compel him to repay or restore the money or property or any part thereof respectively with interest at such rate as the court thinks just or to contribute such sum to the assets of the trust by way of compensation in respect of the misapplication, retention, misfeasance, or breach of trust as the court thinks just.
2: The provisions of this section shall have effect notwithstanding that the act is one for which the offender may be criminally liable.
3: Where an order for payment of money is made under this section, the order shall be deemed to be a final judgment within the meaning of section 17(1)(a) Section 27(3) amended 3 December 2007 section 445 Insolvency Act 2006
28: Regulations
1: 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 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 this section for all or any of the following purposes:
a: prescribing the maximum commission that may be charged, and the maximum charge for administration and other expenses that may be made, by the manager or trustee of any unit trust:
b: prescribing the fees to be paid on the lodging or filing of any documents in respect of a unit trust with the Registrar or District Registrar, and on the inspection of any such documents:
c: prescribing the manner in which the accounts of the unit trust are to be kept:
d: prescribing information and other matters that must be included in a trust deed:
e: subject to subsection (3), prescribing provisions to be implied into a trust deed.
3: A provision prescribed for the purposes of subsection (2)(e) may, without limitation, do any of the following:
a: specify the duties and powers of the trustee:
b: specify the duties of the manager:
c: provide for the trustee to have the power, exercisable with the consent of the manager (but without requiring the consent of unit holders), to make amendments to the trust deed that do not adversely affect the interests of unit holders. Section 28(2)(d) inserted 1 October 2011 section 84(1) Securities Trustees and Statutory Supervisors Act 2011 Section 28(2)(e) inserted 1 October 2011 section 84(1) Securities Trustees and Statutory Supervisors Act 2011 Section 28(3) replaced 1 October 2011 section 84(2) Securities Trustees and Statutory Supervisors Act 2011
29: Amendment
Section 29 repealed 26 October 1967 section 48 Trustee Companies Act 1967
30: Existing unit trusts
The terms of any trust created before the commencement of this Act in pursuance of a unit trust scheme or arrangement may, notwithstanding anything in any deed or other instrument, be varied or supplemented by a deed made between the trustee and manager under the scheme or arrangement, or otherwise as the Minister may approve, to enable compliance with the requirements of this Act. |
DLM325948 | 1960 | Government Service Equal Pay Act 1960 | 1: Short Title and commencement
1: This Act may be cited as the Government Service Equal Pay Act 1960.
2: This Act shall come into force on 1 April 1961.
2: Interpretation
1: In this Act, unless the context otherwise requires,— conditions Government employees wage-fixing authority
a: the Government Service Tribunal:
b: the Government Railways Industrial Tribunal:
bb: the Police Staff Tribunal:
c: the Public Service Commission
d: every person or authority responsible for fixing the salaries or wages of Government employees.
2: References in this Act to men and women shall include persons under the age of 21 years as well as persons of or over that age. Section 2(1) wage-fixing authority inserted 19 October 1965 Police Amendment Act 1965 Section 2(1) wage-fixing authority amended 7 August 2020 section 135 Public Service Act 2020
3: Equal pay for women
1: Notwithstanding anything to the contrary in any other Act, every wage-fixing authority, when fixing the salaries or wages of Government employees shall, subject to the provisions of this section, have regard and give effect to the following principles:
a: that differentiations based on sex in scales of salary or wages of Government employees shall be eliminated, to the end that women shall be paid the same salaries or wages as men where as Government employees they do equal work under equal conditions:
b: that in cases where women as Government employees perform work of a kind which is exclusively or principally performed by women and there are no corresponding scales of pay for men to which they can fairly be related, regard shall be had to scales of pay for women in other sections of employment where the principal stated in paragraph (a) has been or is being implemented.
2: The elimination as aforesaid of the said differentiations based on sex shall be effected as nearly as practicable in 3 equal stages, so that one-third of the said differentiations shall disappear as soon as practicable after the commencement of this Act, a further one-third of the said differentiations shall disappear as soon as practicable after 1 April 1962, and the remaining one-third of the said differentiations shall disappear as soon as practicable after 1 April 1963: provided that, in any case or class or classes of cases where the Minister of Finance so directs, the elimination of the said differentiations may be effected in such other stage or stages as that Minister may specify but so that all such differentiations shall disappear as soon as practicable after 1 April 1963. |
DLM324650 | 1960 | Political Disabilities Removal Act 1960 | 1: Short Title
This Act may be cited as the Political Disabilities Removal Act 1960.
2: Power of certain associations to apply funds in furtherance of political objects
1: Subject to the provisions of this section, the funds of any society may be applied in the furtherance of political objects if the members of the society so decide by a resolution for the time being in force, passed on a ballot of the members of the society taken in accordance with its rules.
2: For the purposes of this section, a resolution shall be deemed to have been passed on a ballot of the members of the society if a majority of the total valid votes recorded at the ballot is in favour thereof.
3: Any such resolution may be at any time revoked by a subsequent resolution passed in the same manner as the first-mentioned resolution was passed.
4: The provisions of this section shall apply to any society notwithstanding that there is no provision in its rules authorising the use of its funds for the furtherance of political objects.
5: For the purposes of this section, the term society
a: any society of public servants consisting of not less than 15 persons, and primarily associated for the purpose of protecting or furthering their interests in connection with their employment; or
b: any industrial union registered under the Industrial Relations Act 1973
c: any trade union registered under the Trade Unions Act 1908 1936 No 23 s 4 1948 No 77 s 40 Section 2(5)(b) amended 8 March 1974 Industrial Relations Act 1973
3: Exemption of member from payment of levy for political purposes
1: Where any levy to be applied in the furtherance of political objects becomes lawfully payable by any member of any such society as aforesaid, he may, within 14 days after the date on which he receives written notice that the levy is payable, give notice in writing to the secretary of the society that he objects to payment of the levy.
2: On giving the notice as aforesaid, that member shall be exempt from payment of the levy.
3: No member so exempt shall be excluded from any benefits of the society, or be placed in any respect, either directly or indirectly, under any disability or at any disadvantage as compared with other members of the society by reason of his being so exempt.
4: If any such society, or any person being an officer or a member of any such society,—
a: compels or attempts to directly or indirectly compel any member so exempt to pay any sum to which the exemption applies; or
b: acts in contravention of or fails to comply in any respect with any of the provisions of subsection (3)— that society or person commits a breach of this Act and is liable to the same penalty, recoverable at the suit of an Inspector of Awards in the same manner, as if the breach were a breach of an award within the meaning of the Industrial Relations Act 1973 Section 3(4) amended 8 March 1974 Industrial Relations Act 1973
4: Repeals and savings
1: The following enactments are hereby repealed, namely:
a: the Political Disabilities Removal Act 1936
b: the Political Disabilities Removal Amendment Act 1950
2: Without limiting the provisions of the Acts Interpretation Act 1924 |
DLM325619 | 1960 | Local Legislation Act 1960 | 1: Short Title
This Act may be cited as the Local Legislation Act 1960. County councils
2: Authorising diversion of certain loan money by Masterton County Council
Whereas by Order in Council made on 29 August 1955 consent was given to the raising by the Castlepoint County Council of a loan of 3,000 pounds to be known as the Mataikona Road Loan 1955 (in this section referred to as the loan And whereas the County of Castlepoint and the County of Masterton were united, as on and from 1 April 1958, to form one county under the name of the County of Masterton: And whereas the Masterton County Council (in this section referred to as the Council And whereas there are 4 fords to be bridged on the Pack Spur section of the present Mataikona Road: And whereas the Council is desirous of applying the loan as its contribution towards the cost of constructing 2 of these bridges to be known as the Mataikona Road Bridge No 1 (situate in the Mataikona Settlement and being 44 chains approximately from the junction of the Mataikona Road and the Mataikona River Road), and the Mataikona Road Bridge No 2 (situate in the Mataikona Settlement and being 125 chains approximately from the junction of the Mataikona Road and the Mataikona River Road): And whereas it is desirable to authorise the Council to apply the loan accordingly: Be it therefore enacted as follows: Notwithstanding anything to the contrary in the Local Authorities Loans Act 1956, or in any other Act, the Council is hereby authorised to divert and apply the loan as its contribution towards the cost of constructing the 2 bridges to be known as the Mataikona Road Bridge No 1 and the Mataikona Road Bridge No 2 on the Pack Spur section of the Mataikona Road.
3: Validating variation of terms of raising certain loan money by Manukau County Council
Whereas on 6 July 1955 the Local Government Loans Board sanctioned the raising by the Manukau County Council (in this section referred to as the Council loan And whereas one of those conditions was that no money should be borrowed after the expiration of 2 years from the date of the Order in Council consenting to the raising of the loan: And whereas that Order in Council was made on 26 October 1955: And whereas at dates subsequent to the expiration of the said period of 2 years the Council raised the sums of 4,000 pounds and 1,500 pounds as portions of the loan: And whereas it is expedient that the action of the Council in raising the said portions of the loan should be validated: Be it therefore enacted as follows: The action of the Council in raising the said portions of the loan after the expiration of the period specified by the Local Government Loans Board is hereby validated, and the said sums shall be deemed to have been lawfully borrowed, and the stock issued in respect thereof shall be deemed to have been lawfully issued and shall have full force and effect according to its tenor.
4: Validating variation of terms of raising certain loan money by Clutha County Council
Whereas by Order in Council made on 22 May 1957 consent was given to the raising by the Clutha County Council (in this section referred to as the Council loan And whereas one of the conditions determined by the Local Government Loans Board was that the loan should be raised within 2 years of the date of the Order in Council consenting to the raising of the loan: And whereas after the said period of 2 years had expired the Council raised the sum of 600 pounds as part of the loan: And whereas it is desirable that the action of the Council be validated: Be it therefore enacted as follows: The action of the Council in raising the sum of 600 pounds as part of the loan, otherwise than in accordance with the conditions determined by the Local Government Loans Board, is hereby validated and the said sum of 600 pounds shall be deemed to have been lawfully borrowed and all debentures and stock issued in respect thereof shall be deemed to have been lawfully executed and issued and shall have full force and effect according to their tenor.
5: Validating the sale of certain land by Waimairi County Council
Whereas on 23 April 1959 the Waimairi County Council (in this section referred to as the Council And whereas the Council has since completed the sale of that land: And whereas contrary to section 170 of the Counties Act 1956 the Council omitted to make the special order required by that section before entering into the said agreement: Be it therefore enacted as follows:
1: The actions of the Council in entering into an agreement to sell the land described in subsection (3) and in completing the sale of that land without first making a special order as required by section 170 of the Counties Act 1956 are hereby validated.
2: The District Land Registrar for the Land Registration District of Canterbury 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.
3: The land to which this section relates is described as follows: All that parcel of land situated in the City of Christchurch, containing 1 acre and 32 perches, more or less, being part of Rural Section 5, and being Lot 4 on Deposited Plan Number 17870, and being also all the land comprised and described in certificate of title, Volume 745, folio 47, Canterbury Registry.
6: Exempting Meat Industry Research Institute from liability for payment of rates levied by Waikato County Council
Section 6 repealed 14 December 1962 section 38(3) Local Legislation Act 1962
7: Provision with respect to dissolution of West Melton Hall Company Limited
Whereas the West Melton Hall Company Limited (in this section referred to as the Company Corporation And whereas the Corporation has agreed to accept the transfer to it of the assets of the Company and to hold the hall for the benefit of the community of West Melton and surrounding districts and to apply the other assets of the Company transferred for the general purposes of the hall: And whereas the Company has no authority to make such a transfer: And whereas it is desirable to authorise the transfer of the said assets of the Company to the Corporation as aforesaid: Be it therefore enacted as follows:
1: The Company is hereby authorised to transfer to the Corporation without consideration the land described in subsection (5) together with the buildings erected thereon and all other assets of the Company of any kind whatsoever after payment thereout of all liabilities of the Company and all other costs and expenses.
2: The said land shall be held by the Corporation as a site for a public hall for the benefit of the community of West Melton and its surrounding districts and all other assets of the Company transferred to the Corporation pursuant to subsection (1) shall be held by the Corporation for the general purposes of the hall for the time being erected on the said land.
3: The Corporation shall indemnify and keep indemnified the Company and the directors thereof against all claims whatsoever against the Company that may arise at any time after the transfer of the assets of the Company to the Corporation pursuant to subsection (1).
4: The District Land Registrar for the Land Registration District of Canterbury 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 this section.
5: The land to which this section relates is more particularly described as follows: All that area of land situated in Block XI, Rolleston Survey District, being Lot 1, Deposited Plan 15941, and being part Rural Section 5916, certificate of title, Volume 549, folio 89, Canterbury Registry.
8: Authorising Cheviot County Council to purchase, subdivide, and lease certain land
1: Notwithstanding anything contained in any Act, the Cheviot County Council (in this section referred to as the Council
2: The Council is hereby further empowered to subdivide the said land in such manner as it shall in its discretion think fit, subject however to the provisions of the Land Subdivision in Counties Act 1946.
3: The Council is hereby further empowered to grant leases of all or any part or parts of the said land, at such rental or rentals, for such term or terms, with or without rights of renewal, and upon and subject to such covenants and conditions as the Council in its discretion shall think fit, including, but not by way of limitation, a provision requiring the lessee to erect within a specified time a building or buildings on any land so leased, subject to the plans of the building or buildings being first approved by the Council.
4: The land to which this section relates is more particularly described as follows: All that area of land in the Canterbury Land District, containing 4 acres 2 roods 15 perches, more or less, being Section 44, Block XI, Cheviot Survey District, formerly part Reserve 4637 (SO Plan 9613).
9: Authorising Manukau County Council to levy sewerage rate
Section 9 repealed 28 October 1965 section 17(6)(a) Local Legislation Act 1965 City and borough councils
10: Authorising Blenheim Borough Council to raise special loan
Whereas on 18 February 1959 the Local Authorities Loans Board, pursuant to section 21 of the Local Authorities Loans Act 1956, sanctioned the raising by the Blenheim Borough Council (in this section referred to as the Council And whereas on 18 March 1959 the Local Authorities Loans Board sanctioned the raising by way of bank overdraft of a further sum of 5,000 pounds to be known as the Bank Overdraft Loan No 2 1959: And whereas the Council duly borrowed the said sums from its bankers: And whereas the said sums were borrowed and used for the purpose of providing relief from drought in a new area which had been incorporated in the Borough of Blenheim on 1 April 1959: And whereas the Council desires to raise a special loan for the purpose of repaying the Bank Overdraft Loan 1959 and the Bank Overdraft Loan No 2 1959: 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
11: Exempting Meat Industry Research Institute from liability for payment of rates levied by Hamilton City Council
Section 11 repealed 1 July 2003 section 138(1) Local Government (Rating) Act 2002
12: Amending Waimakariri Harbour Act 1946
1: This section shall be read together with and deemed part of the Waimakariri Harbour Act 1946 principal Act
2: The Kaiapoi Borough Council is hereby authorised and empowered to utilise the fund held by that Council for the rebuilding and replacement of Hansens Buildings, which became vested in the Corporation of the Borough of Kaiapoi under section 6 of the principal Act, for all or any of the following purposes, namely:
a: the rebuilding and replacement of Hansens Buildings:
b: the effecting of permanent improvements, alterations, extensions, or additions to harbour works on the land vested in that Corporation under that section.
3: Section 23
4: This section shall be deemed to have come into force on 1 April 1960.
13: Validating late refund to District Fund Account from loan money by Dunedin City Council
Whereas, after the Dunedin City Council (in this section referred to as the Council loan And whereas the loan has since been raised and the Council has refunded the said sum to its District Fund Account out of the proceeds of the loan: And whereas, contrary to the provisions of section 30 of the Local Authorities Loans Act 1956, the refund was made more than 2 years after the said sum had been expended without the prior consent of the Local Authorities Loans Board: And whereas it is desirable to validate the refund: Be it therefore enacted as follows: The action of the Council in refunding the sum of 2,311 pounds 15 shillings and 6 pence to its District Fund Account out of the proceeds of the loan more than 2 years after the said sum had been expended without the prior consent of the Local Authorities Loans Board is hereby validated and declared to have been lawful.
14: Validating borrowing of and variation of terms of raising certain loan money by Tauranga Borough Council
Whereas by Order in Council made on 27 February 1957 consent was given to the raising by the Tauranga Borough Council (in this section referred to as the Council loan And whereas the Council raised a sum of 7,350 pounds as part of the loan on terms that it should be repaid on 12 May 1980: And whereas one of the conditions determined by the Local Authorities Loans Board in respect of the raising of the said sum of 7,350 pounds was that that sum should be repaid over a term of 10 years: And whereas it is desirable that the action of the Council in raising the said sum otherwise than in accordance with the conditions determined by the Local Authorities Loans Board be validated: Be it therefore enacted as follows: The action of the Council in raising the sum of 7,350 pounds as part of the loan, otherwise than in accordance with the conditions determined by the Local Authorities Loans Board, is hereby validated and the said sum of 7,350 pounds shall be deemed to have been lawfully borrowed and all stock issued in respect thereof shall be deemed to have been lawfully issued and shall have full force and effect according to its tenor.
15: Validating variation of terms of raising certain loan money by Henderson Borough Council
Whereas by Orders in Council made on 22 October 1958 and 10 November 1959 consent was given to the raising by the Henderson Borough Council (in this section referred to as the Council loan And whereas 2 of the conditions determined by the Local Authorities Loans Board in respect of the loan were that the loan should extend over a term of 20 years and that the loan, together with interest thereon, should be repaid by equal aggregate annual or half-yearly instalments extending over that period: And whereas the Council borrowed as portions of the loan a sum of 200 pounds for a term of 6 years repayable in a lump sum at maturity, and 2 sums of 5,000 pounds each for a term of 10 years part of the principal being repayable by equal half-yearly payments over that period and the balance at maturity: And whereas it is desirable that the action of the Council should be validated: Be it therefore enacted as follows: The action of the Council in raising the said portions of the loan otherwise than in accordance with the conditions determined by the Local Authorities Loans Board is hereby validated and the sum of 200 pounds, and the 2 sums of 5,000 pounds shall be deemed to have been lawfully borrowed and all debentures or stock issued in respect thereof shall be deemed to have been lawfully executed and issued and shall have full force and effect according to their tenor.
16: Validating late refund to District Fund Account from loan money by Inglewood Borough Council
Whereas, after the Inglewood Borough Council (in this section referred to as the Council loan And whereas the loan has since been raised and the Council has refunded the said sum to its District Fund Account out of the proceeds of the loan: And whereas, contrary to the provisions of section 30 of the Local Authorities Loans Act 1956, the refund was made more than 2 years after the said sum had been expended without the prior consent of the Local Authorities Loans Board: And whereas it is desirable to validate the refund: Be it therefore enacted as follows: The action of the Council in refunding the sum of 2,100 pounds to its District Fund Account out of the proceeds of the loan more than 2 years after the said sum had been expended without the prior consent of the Local Authorities Loans Board is hereby validated and declared to have been lawful.
17: Authorising Henderson Borough Council to make
ex gratia Whereas, by an agreement dated 23 October 1959, made between Connolly and Comer Limited of Auckland (in this section referred to as the contractors Council And whereas in the execution of the said works the contractors have encountered certain difficulties arising from the unforeseen nature of the strata below the surface of the area to be sewered: And whereas the Council is satisfied that the difficulties encountered were not contemplated and could not have been foreseen by the contractors at the time the said agreement was entered into: And whereas the Council, having regard to these difficulties and to the hardship which the contractors would otherwise suffer, is desirous of making a payment of 5,770 pounds to the contractors: Be it therefore enacted as follows: The Council is hereby authorised and empowered to pay the sum of 5,770 pounds to the contractors by way of compensation.
18: Validating the use of surplus loan money by Feilding Borough Council
Whereas by resolution passed on 29 October 1959 the Local Authorities Loans Board approved the use by the Feilding Borough Council (in this section referred to as the Council first loan second loan And whereas part of the unexpended balance of the first loan amounting to the sum of 1,280 pounds (in this section referred to as the said sum And whereas after the said resolution was passed the Council raised and used part of the said sum for the purpose for which the second loan is to be raised: And whereas the Local Authorities Loans Board had no authority to pass the said resolution in respect of the said sum and it is desirable to validate such resolution: Be it therefore enacted as follows: The resolution of the Local Authorities Loans Board approving the use by the Council of the unexpended balance of the first loan is hereby validated and the raising and use by the Council of part of the said sum for the purpose for which the second loan is to be raised shall be deemed to have been lawful, and all debentures issued in respect thereof shall have full force and effect according to their tenor, and the Council is hereby authorised to raise the unraised portion of the said sum for the purpose for which the second loan is to be raised.
19: Validating borrowing of and variation of terms of the raising of certain loan money by Balclutha Borough Council
Whereas by Order in Council made on 15 May 1957 consent was given to the raising by the Balclutha Borough Council (in this section referred to as the Council loan And whereas the Council raised the sum of 45,000 pounds instead of the sum of 35,000 pounds: And whereas the additional sum of 10,000 pounds was raised without the precedent consent of the Governor-General in Council: And whereas one of the conditions determined by the Local Government Loans Board in respect of the loan was that no part of the loan should be raised after the expiration of 2 years from the date of the Order in Council consenting to the raising of the loan: And whereas the Council raised 20,000 pounds of the said sum of 45,000 pounds after the expiration of the said period of 2 years: And whereas it is desirable that the actions of the Council be validated: Be it therefore enacted as follows: The actions of the Council in raising the sum of 10,000 pounds as part of the Water Works Extension Loan 1956 without the precedent consent of the Governor-General in Council, and that sum and a further sum of 10,000 pounds as part of the loan, otherwise than in accordance with the conditions determined by the Local Government Loans Board, are hereby validated and both sums shall be deemed to have been lawfully borrowed and all debentures and stock issued in respect thereof shall be deemed to have been lawfully executed and issued by the Council and shall have full force and effect according to their tenor.
20: Provision with respect to overdraft of Greymouth Borough Council
Whereas the Greymouth Borough Council (in this section referred to as the Council And whereas at 31 March 1960 the amount owing by the Council to its bankers together with the amount owing on certain cheques which had been drawn by the Council but had not been presented before that date amounted in all to the sum of 38,407 pounds 6 shillings and 5 pence: And whereas it is desirable to make provision in the manner hereinafter appearing: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in the Local Authorities Loans Act 1956, or in any other Act, all money heretofore borrowed and owed by the Council and all other liabilities heretofore incurred by the Council in excess of the limits prescribed by the Local Authorities Loans Act 1956 and all other money owed by the Council and included in the aforesaid sum of 38,407 pounds 6 shillings and 5 pence shall be deemed to have been at all times lawfully borrowed, owed, and incurred by the Council.
2: The Council is hereby authorised and empowered to borrow from its bankers, by way of special overdraft, the sum of 35,000 pounds to be applied in reduction of those liabilities.
3: The Council shall repay the said sum of 35,000 pounds by 10 equal payments, one such payment to be made in each year during the period of 10 years commencing on 1 April 1961, and for the purpose of providing the sum necessary to meet each annual payment the Council shall in each of those years without further authority than this section make and levy a separate rate on all rateable property in the Borough of Greymouth of such amount as may be necessary to produce the sum required: provided that the Council may in any year repay out of its General Account a further amount that will increase the repayment in that year to an amount greater than a tenth part.
4: Any separate rate made under this section shall not be taken into account in determining the total amount of separate rates that may be made and levied in the borough pursuant to section 93 of the Municipal Corporations Act 1954
5: The said sum of 35,000 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.
6: No part of that sum shall hereafter be taken into account in determining the amount that may be borrowed or that may be owed by the Council pursuant to section 20 of the Local Authorities Loans Act 1956
21: Authorising Opotiki Borough Council to raise special loan
Whereas the Opotiki Borough Council (in this section referred to as the Council And whereas the Local Authorities Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Council to refund the said sums totalling 6,100 pounds to its District Fund Account: And whereas it is desirable to authorise the Council to raise a special loan not exceeding the sum of 6,100 pounds for the purpose of recouping its District Fund Account in respect of the money expended from that account 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 Authorities Loans Act 1956
22: Authorising Auckland City Council to raise special loan in connection with tram track removal
Whereas the Auckland City Council (in this section referred to as the Council And whereas it is desirable to authorise the Council to raise a special loan not exceeding the sum of 37,000 pounds for the purpose of recouping its General Account in respect of money expended therefrom on the said works 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 Authorities Loans Act 1956
23: Authorising Auckland City Council to raise special loan in connection with Town Hall improvements
Whereas the Auckland City Council (in this section referred to as the Council proposed loan And whereas the Council has already expended money out of its General Account on the said works and it is likely that the Council will have expended out of its General Account money amounting in the aggregate to a sum not exceeding 11,000 pounds upon the said works by the time the Local Authorities Loans Board could sanction the raising of the proposed loan: And whereas it is desirable to authorise the Council to raise a special loan not exceeding the sum of 11,000 pounds for the purpose of recouping its General Account in respect of money expended therefrom on the said works 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 Authorities Loans Act 1956
24: Authorising Petone Borough Council to expend certain money
Whereas the Corporation of the Borough of Petone is seised of an estate in fee simple in all that piece of land situate in the Borough of Petone, containing 3 roods 34 perches and five-tenths of a perch, more or less, being part Section 6, Hutt District and being also Lots 6 and 7 on Deposited Plan No 1968, and being all the land comprised and described in certificate of title, Volume 169, folio 106, Wellington Registry, the said Lot 6 being held for a council yard and an entranceway and the said Lot 7 being held for a technical school site: And whereas the Petone Borough Council (in this section referred to as the Council And whereas there is erected on the part of Lot 6 which is being sold to the Crown a dwellinghouse occupied by the caretaker of the reserve known as the Petone Recreation Ground: And whereas the Council has acquired an estate in fee simple in all that piece of land situate in the Borough of Petone, adjoining the Petone Recreation Ground, containing 26 perches and thirty-two hundredths of a perch, more or less, being part Section 5, Hutt District, and being also part Lot 8 on Deposited Plan No 14552, Wellington Registry, the same being more particularly delineated on Survey Office Plan 24361 and thereon coloured blue, for the sum of 670 pounds for the purpose of erecting thereon a dwellinghouse for the caretaker of the Petone Recreation Ground to replace the dwellinghouse on the land being sold to the Crown: And whereas the Council is desirous of reimbursing its General Account for the expenditure incurred in acquiring the said land, and also of providing the costs of erecting a dwellinghouse for the said caretaker out of the money to be received by the Council from the sale to the Crown of the said Lot 7 and part Lot 6 on Deposited Plan No 1968: And whereas the Council holds the sum of 3,484 pounds in trust for the purchase of land to be held for recreation purposes pursuant to certain of the provisions of subsection (2) of section 30 And whereas the Council has, under section 351C of the Municipal Corporations Act 1954, as substituted by section 28 of the Municipal Corporations Amendment Act 1959, accumulated the sum of 2,714 pounds in a separate account for the purchase of land to be held as public reserves subject to the provisions of the Reserves and Domains Act 1953 and the improvement and development of public reserves subject to the provisions of that Act, or for the improvement and development of other land (not being public reserves) as pleasure grounds or sports grounds in accordance with the provisions of that section: And whereas there is no suitable land now available for purchase by the Council as recreation reserves: And whereas the Council is acquiring a perpetually renewable lease from the Hutt River Board of certain land owned by the Board and situated within the Borough of Petone, being part of the land defined in the Schedule of the Hutt River Board (Gear Island) Empowering Act 1927, and known as Gear Island, for the purpose of providing a pleasure ground and sports ground to be known as the Petone War Memorial Park: And whereas the Council is not able to hold such land in trust under the terms of subsection (3) of section 351C of the Municipal Corporations Act 1954: And whereas the Council is desirous of using the said sum of 3,484 pounds held by it under section 30 Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in section 150 of the Municipal Corporations Act 1954
2: Notwithstanding anything to the contrary in section 150 of the Municipal Corporations Act 1954 or in section 30 section 30 of the Local Legislation Act 1943 section 351C of the Municipal Corporations Act 1954 Harbour boards
25: Validating raising of certain loan money by Otago Harbour Board
Whereas the Otago Harbour Board (in this section referred to as the Board And whereas on 29 October 1959 the Local Authorities Loans Board sanctioned the raising by the Board of a loan of 350,000 pounds (in this section referred to as the loan And whereas by Order in Council made on 10 November 1959 consent was given to the raising by the Board of the sum of 150,000 pounds being part of the loan: And whereas, contrary to the provisions of the Local Authorities Loans Act 1956, the Board, before the issue of that Order in Council, raised a sum of 5,000 pounds as part of the loan: And whereas it is desirable that the action of the Board be validated: Be it therefore enacted as follows: The action of the Board in raising the said sum of 5,000 pounds as part of the loan without the precedent consent of the Governor-General in Council is hereby validated, and the said sum of 5,000 pounds shall be deemed to have been lawfully borrowed, and all debentures and stock issued in respect thereof shall be deemed to have been lawfully executed and issued and shall have full force and effect according to their tenor.
26: Provision with respect to lease of land by Otago Harbour Board to British Sailors' Society (Otago Branch) Incorporated, and provisions incidental thereto
Section 26 repealed 1 December 1961 section 39(5) Local Legislation Act 1961 Affecting 2 or more classes of public bodies
27: Provision with respect to the reclamation of certain land by the Auckland City Council and authorising the transfer of certain land by the Auckland Harbour Board to the Crown and to the Auckland City Council
Whereas, by the provisions of the Auckland City Council and Auckland Harbour Board Empowering Act 1950 Council Schedule 1 Board And whereas in continuing and completing the reclamation of the said area the Council has reclaimed from the waters of the Waitemata Harbour certain tidal land being the channel bed of Motions Creek running through the said area and being the land firstly described in subsection (6): And whereas by the provisions of a certain Deed of Licence bearing date 14 October 1957 the Board granted to the Council a licence, terminable on 3 months' notice by either party, to reclaim by controlled tipping the land secondly described in subsection (6), being a further part of the bed of the Waitemata Harbour, such reclamation being duly authorised under the provisions of section 175 of the Harbours Act 1950: And whereas such licence is still current and the Council is continuing to reclaim the land secondly described in subsection (6) by controlled tipping operations: And whereas the Council is desirous of continuing such controlled tipping operations beyond the limits of that land so as to reclaim the land thirdly described in subsection (6), being a further part of the bed of the Waitemata Harbour, for the purpose ultimately of establishing on the land secondly and thirdly described in subsection (6) boating facilities and a marine promenade: And whereas in the course of constructing Meola Road across portion of the bed of the said harbour the land fourthly described in subsection (6), being part of the Meola Creek, was cut off from the sea: And whereas all the land described in subsection (6) is vested in the Board: And whereas the Board is desirous of transferring to the Corporation of the City of Auckland, without consideration, the land firstly, secondly, and thirdly described in subsection (6), and is also desirous of transferring to Her Majesty the Queen, without consideration, the land fourthly described in subsection (6), but the Board has no power to transfer the same: Be it therefore enacted as follows:
1: Notwithstanding the provisions of sections 175 and 178 of the Harbours Act 1950, the reclamation by the Council of the land firstly described in subsection (6) is hereby validated in all respects as though the provisions of those sections had been duly complied with and the necessary authority and sanction had been duly given prior to the commencement of the reclamation of the said land.
2: Notwithstanding anything in section 175 of the Harbours Act 1950, but subject to the provisions of sections 178 to 182 of that Act, the Council is hereby empowered to continue and complete the reclamation from the sea of the land secondly described in subsection (6) and the provisions of the said Deed of Licence bearing date 14 October 1957 shall no longer apply after the passing of this Act.
3: Notwithstanding anything in section 175 of the Harbours Act 1950, but subject to the provisions of sections 178 to 182 of that Act, the Council is hereby empowered to reclaim from the sea the land thirdly described in subsection (6).
4: Notwithstanding anything contained in any Act, the Board is hereby empowered to transfer to the Corporation of the City of Auckland, without consideration, the land firstly, secondly, and thirdly described in subsection (6), and to transfer to Her Majesty the Queen, without consideration, the land fourthly described in subsection (6).
5: The District Land Registrar for the Land Registration District of Auckland 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.
6: The land to which this section relates is more particularly described as follows: Firstly, all that parcel of land situated in Block XVI, Waitemata Survey District, containing by admeasurement 2 roods, more or less, being land below mean high-water mark, Auckland Harbour, and being delineated and coloured red on a plan marked MD 10827, deposited in the Head Office of the Marine Department at Wellington (Auckland Plan SO 41711). Secondly, all that parcel of land situated in Block XVI, Waitemata Survey District, containing by admeasurement 4 acres 1 rood 12 perches, more or less, being land below mean high-water mark, Auckland Harbour, and being delineated and coloured yellow on a plan marked MD 10827, deposited in the Head Office of the Marine Department at Wellington (Auckland Plan SO 41711). Thirdly, all that parcel of land situated in Block XVI, Waitemata Survey District, containing by admeasurement 14 acres 3 roods 34 perches, more or less, being land below mean high-water mark, Auckland Harbour, and being delineated and coloured sepia on a plan marked MD 10827, deposited in the Head Office of the Marine Department at Wellington (Auckland Plan SO 41711). Fourthly, all that parcel of land situated in Block XVI, Waitemata Survey District, containing by admeasurement 5 acres 3 roods 30 perches, more or less, being land below mean high-water mark, Auckland Harbour, and delineated and coloured blue on a plan marked MD 10827, deposited in the Head Office of the Marine Department at Wellington (Auckland Plan SO 41711).
28: Section 56 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1919 further amended
Section 28 repealed 27 November 1970 section 25(2) Local Legislation Act 1970
29: Authorising Wellington Harbour Board to transfer certain land to Eastbourne Borough Council
Whereas the land described in subsection (3) is vested in the Wellington Harbour Board (in this section referred to as the Board And whereas the Board does not require the said land and desires to transfer the same to the Mayor, Councillors, and Citizens of the Borough of Eastbourne (in this section referred to as the Corporation And whereas the Board has no authority to transfer the said land: Be it therefore enacted as follows:
1: The Board may, without further authority than this section, transfer the land described in subsection (3) for an estate in fee simple to the Corporation, with or without consideration and upon such terms and subject to such conditions as it deems fit, for the general purposes of the Corporation, and on the transfer of the said land any trust, reservation, or restriction heretofore affecting the same shall be deemed to be cancelled.
2: 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 this section.
3: The land to which this section relates is more particularly described as follows: All that parcel of land situated in Block XVI, Belmont Survey District, containing 21 perches and thirty-six hundredths of a perch, and being Lot 1, Deposited Plan 1684, in part Sections 37 and 39, Harbour District, and being all the land comprised and described in certificate of title, Volume 145, folio 202, Wellington Registry.
30: Amending section 40 of the Local Legislation Act 1959
Amendment(s) incorporated in the Act(s)
31: Vesting certain land in the Corporation of the City of Nelson
Whereas the land described in subsection (3) is vested in the Nelson Harbour Board (in this section referred to as the Board And whereas the Nelson City Council is desirous of constructing and maintaining an electricity substation on the said land: And whereas it is desired to vest the said land in the Mayor, Councillors, and Citizens of the City of Nelson (in this section referred to as the Corporation Be it therefore enacted as follows:
1: The land described in subsection (3) is hereby vested in the Corporation for an estate in fee simple to be held by it and used as a site for an electricity substation, freed and discharged from all trusts, reservations, and restrictions heretofore affecting the same.
2: The District Land Registrar for the Land Registration District of Nelson 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: The land to which this section relates is more particularly described as follows: All that area of land containing by admeasurement nine-tenths of a perch, more or less, being Lot 9, Deposited Plan 6111, and being part Section 1223 on the plan of the City of Nelson, and part of the land comprised and described in certificate of title, Volume 141, folio 26, Nelson Registry.
32: Authorising Auckland Harbour Board and Northcote Borough Council to exchange certain land
Whereas the Auckland Harbour Board (in this section referred to as the Board And whereas the Northcote Borough Council (in this section referred to as the Council And whereas the Board and the Council have mutually agreed to the transfer by the Board to the Council of the land firstly and secondly described in subsection (8) in exchange for the transfer by the Council to the Board of the land thirdly and fourthly described in that subsection: And whereas all but a small portion of the land firstly and secondly described in subsection (8) has been reclaimed from the sea over a period of years by natural causes and by the dumping thereon of spoil and rubbish and it is necessary for the proper development thereof that such reclamation be completed: And whereas part of the said land firstly and secondly described in subsection (8) is, by reason of its having been part of the Auckland Harbour, outside the boundaries of the Northcote Borough and it is desirable that the whole of that land be within the borough: Be it therefore enacted as follows:
1: Notwithstanding anything in the Harbours Act 1950, the Board is hereby empowered to transfer and the Council is hereby empowered to acquire the fee simple of the land firstly and secondly described in subsection (8) by way of exchange for the land thirdly and fourthly described in that subsection.
2: Subject to its first duly stopping as street in accordance with the Municipal Corporations Act 1954 the land fourthly described in subsection (8), the Council is hereby empowered to transfer and the Board is hereby empowered to acquire, the fee simple of the land thirdly and fourthly described in that subsection by way of exchange for the land firstly and secondly described in that subsection.
3: Notwithstanding anything in section 175 of the Harbours Act 1950, but subject to the provisions of sections 178 to 182 of that Act, the Council is hereby empowered to reclaim from the sea such parts of the land firstly and secondly described in subsection (8) as have not yet been fully reclaimed from the sea on the transfer of that land to the Council.
4: The Council is hereby authorised to deal with the land firstly described in subsection (8), on the transfer of that land to the Council, in the manner prescribed by the Northcote Borough Empowering Act 1956 and all the provisions of that Act shall, with any necessary modifications, apply as if the said land had been purchased, taken, or acquired under the provisions of subsection (1) of section 3 of that Act: provided however that the Council is hereby authorised to dedicate as street so much of the said land as may be necessary for the legalisation of the public highway now in use and known as Lake Road.
5: The Council is hereby authorised to deal with the land secondly described in subsection (8), on the transfer of that land to the Council, for housing purposes pursuant to the Municipal Corporations Act 1954.
6: That part of the land firstly and secondly described in subsection (8) not already situated within the Borough of Northcote shall, on the transfer of that land to the Council, be deemed to be added to and shall for all purposes form part of that borough and the boundaries of that borough shall be deemed to be extended accordingly and the Town Clerk shall, on the transfer of the land, send forthwith to the Secretary for Internal Affairs a certificate specifying the date on which the transfer was registered, and section 26 of the Municipal Corporations Act 1954 shall apply.
7: The District Land Registrar for the Land Registration District of Auckland 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.
8: The land to which this section relates is more particularly described as follows: Firstly, all that area in the North Auckland Land District, containing 5 acres 2 roods, more or less, being land below mean high-water mark (Auckland Harbour), as shown on the plan deposited at the office of the Chief Surveyor at Auckland under Number 42383, and thereon coloured yellow. Secondly, all that area in the North Auckland Land District, containing 1 acre and 30 perches, more or less, being land below mean high-water mark (Auckland Harbour), as shown on the plan deposited at the office of the Chief Surveyor at Auckland under Number 42383, and thereon coloured yellow. Thirdly, all that area in the North Auckland Land District, Northcote Borough, containing 1 rood 25 perches, more or less, being part Allotment 16, Takapuna Parish, as shown on the plan deposited at the office of the Chief Surveyor at Auckland under Number 42383, and thereon coloured sepia. Fourthly, all that area in the North Auckland Land District, Northcote Borough, containing 15 perches, more or less, being part Stopped Street, as shown on the plan deposited at the office of the Chief Surveyor at Auckland under Number 42383, and thereon coloured green. Miscellaneous
33: Validating the action of the Masterton Trust Lands Trustees with respect to certain leases
Whereas the board of trustees called the Masterton Trust Lands Trustees, a body corporate under the Masterton Trust Lands Act 1950 (in this section referred to as the Trust Board And whereas the Trust Board has included or has contracted to include in each such lease a clause (in this section referred to as the renewal clause And whereas doubts have arisen as to whether or not it is within the powers of the Trust Board to grant leases or to contract to grant leases which include such a renewal clause: And whereas it is desirable that the action of the Trust Board in including or in contracting to include the renewal clause in the said leases be validated: Be it therefore enacted as follows:
1: The action of the Trust Board in including or in contracting to include the renewal clause in the leases of the land described in subsection (3) is hereby validated.
2: The renewal clause in each of the leases referred to in subsection (1) shall be and shall be deemed always to have been effective according to its tenor.
3: The land to which this section relates is more particularly described as follows: Firstly, all that piece of land containing 22 perches and eighty-nine hundredths of a perch, more or less, being part Section 51, Town of Masterton, and being part Lot 9, Block A, Deposited Plan 1151, and being also part of the land comprised and described in certificate of title, Volume 660, folio 99, Wellington Registry. Secondly, all that piece of land containing 28 perches and two-tenths of a perch, more or less, being part Section 60, Town of Masterton, and being part Lot 2, Deposited Plan 10484, and being also part of the land comprised and described in certificate of title, Volume 660, folio 96, Wellington Registry. Thirdly, all that piece of land containing 8 perches and sixteen-hundredths of a perch, more or less, being part Section 69, Town of Masterton, being part Block B, Masterton Small Farm Settlement, and being part Lot 2, Deposited Plan 10486, and being also part of the land comprised and described in certificate of title, Volume 660, folio 93, Wellington Registry. Fourthly, all that piece of land containing 12 perches and seventy-three hundredths of a perch, more or less, being part Section 71, Town of Masterton, being part Block B, Masterton Small Farm Settlement, and being Lot 2, Deposited Plan 10491, and being also part of the land comprised and described in certificate of title, Volume 660, folio 97, Wellington Registry. Fifthly, all that piece of land containing 26 perches and seventy-eight hundredths of a perch, more or less, being part Section 71, Town of Masterton, and being Lot 1, Deposited Plan 10491, and being also part of the land comprised and described in certificate of title, Volume 660, folio 97, Wellington Registry. Sixthly, all that piece of land containing 12 perches and eighty-one hundredths of a perch, more or less, being part Section 71, Town of Masterton, and being Lot 3, Deposited Plan 10491, and being also part of the land comprised and described in certificate of title, Volume 660, folio 97, Wellington Registry. Seventhly, all that piece of land containing 1 rood 5 perches and sixty-three hundredths of a perch, more or less, being part Section 84, Town of Masterton, and being part Lot 1, Deposited Plan 10488, and being also part of the land comprised and described in certificate of title, Volume 660, folio 86, Wellington Registry. Eighthly, all that piece of land containing 34 perches and forty-two hundredths of a perch, more or less, being part Section 84, Town of Masterton, and being part Lot 1, Deposited Plan 10488, and being also part of the land comprised and described in certificate of title, Volume 660, folio 86, Wellington Registry. Ninthly, all that piece of land containing 1 rood 4 perches and ninety-three hundredths of a perch, more or less, being part Section 88, Town of Masterton, and being Lot 14, Deposited Plan 10491, and being also part of the land comprised and described in certificate of title, Volume 660, folio 98, Wellington Registry. Tenthly, all that piece of land containing 21 perches and seventy-eight hundredths of a perch, more or less, being part Section 102, Town of Masterton, and being Lot 1, Deposited Plan 16241, and being also part of the land comprised and described in certificate of title, Volume 660, folio 94, Wellington Registry. Eleventhly, all that piece of land containing 16 perches and eighty-five hundredths of a perch, more or less, being part Section 102, Town of Masterton, and being Lot 2, Deposited Plan 16241, and being also part of the land comprised and described in certificate of title, Volume 660, folio 94, Wellington Registry. Twelfthly, all that piece of land containing 16 perches and eighty-eight hundredths of a perch, more or less, being part Section 102, Town of Masterton, and being Lot 3, Deposited Plan 16241, and being also part of the land comprised and described in certificate of title, Volume 660, folio 94, Wellington Registry. Thirteenthly, all that piece of land containing 24 perches and sixty-five hundredths of a perch, more or less, being part Section 102, Town of Masterton, and being Lot 4, Deposited Plan 16241, and being also part of the land comprised and described in certificate of title, Volume 660, folio 94, Wellington Registry. Fourteenthly, all that piece of land containing 1 rood 17 perches and eight-tenths of a perch, more or less, being part Section 121, Town of Masterton and accretion, and being Lot 4, Deposited Plan 10488, and being also part of the land comprised and described in certificate of title, Volume 660, folio 88, Wellington Registry. Fifteenthly, all that piece of land containing 1 rood 1 perch and ninety-seven hundredths of a perch, more or less, being part Section 6, Masterton Small Farm Settlement, and being part Lot 29, Deposited Plan 255, and being also part of the land comprised and described in certificate of title, Volume 515, folio 261, Wellington Registry. Sixteenthly, all that piece of land containing 38 perches and sixty-seven hundredths of a perch, more or less, being part Section 6, Masterton Small Farm Settlement, and being Lot 6, Deposited Plan 10641, and being also part of the land comprised and described in certificate of title, Volume 515, folio 261, Wellington Registry.
34: Authorising Tinui Rabbit Board to refund to General Account from loan money
Whereas, before authority was obtained to the raising of a loan of 3,400 pounds to be known as the Masterton House Loan 1960 (in this section referred to as the loan Board And whereas it is desirable to authorise the Board to refund the said sum to its General Account out of the proceeds of the loan when raised: Be it therefore enacted as follows: The Board is hereby authorised to refund the sum of 2,977 pounds 8 shillings and 6 pence to its General Account out of the proceeds of the loan when raised.
35: Validating variation of terms of raising certain loan money by North Shore Drainage Board
Whereas by Order in Council made on 9 October 1957 consent was given to the raising by the North Shore Drainage Board (in this section referred to as the Board loan And whereas one of the conditions determined by the Local Authorities Loans Board in respect of the loan was that the loan, together with interest thereon, should be repaid by equal aggregate annual or half-yearly instalments: And whereas the Board raised the sum of 10,000 pounds as part of the loan, but, instead of making provision for repayment by equal aggregate annual or half-yearly instalments, established a sinking fund to provide for the repayment thereof: And whereas it is desirable to validate the action of the Board in raising the sum of 10,000 pounds in this manner as part of the loan: Be it therefore enacted as follows: The action of the Board in raising the sum of 10,000 pounds as part of the loan, otherwise than in accordance with the conditions determined by the Local Authorities Loans Board, is hereby validated and the said sum shall be deemed to have been lawfully borrowed and the debenture issued in respect thereof shall be deemed to have been lawfully executed and issued and shall have full force and effect according to its tenor, and the Board is hereby authorised and directed to continue and maintain payments to the sinking fund during the currency of the said debenture at a rate of not less than 3 pounds 8 shillings and 11 pence per cent per annum in respect of that part of the loan.
36: Authorising North Shore Drainage Board to permit construction of temporary treatment plants
Section 36 repealed 25 October 1963 section 81(1) North Shore Drainage Act 1963
37: Authorising Bay of Plenty Electric Power Board to purchase land and erect offices and other buildings in the Borough of Whakatane
Whereas, pursuant to section 33 Board And whereas that land is now inadequate for that purpose: And whereas the Board now desires to purchase the land secondly and thirdly described in subsection (3) for the purpose of erecting public offices and other buildings within the said Borough: Be it therefore enacted as follows:
1: Notwithstanding the provisions of the Electric Power Boards Act 1925, the Board is hereby authorised to purchase the land secondly and thirdly described in subsection (3) and to provide thereon and on the land firstly described in that subsection public offices and other buildings, together with fittings and furniture for the same for holding its meetings and transacting its business and for the use of its officers and for any other purposes.
2: Section 33
3: The land to which this section relates is described as follows: Firstly, all that area of land situated in the Borough of Whakatane, being Sections 62, 63, and part Section 59 of Allotment 272, Waimana Parish. Secondly, all that area of land situated in the Borough of Whakatane, containing 1 rood 13 perches and three-tenths of a perch, more or less, being Lots 66 and 67, Deposited Plan 10587, and being all the land comprised and described in certificate of title, Volume 245, folio 41, Auckland Registry, subject to a fencing agreement in transfer 89246. Thirdly, all that area of land situated in the Borough of Whakatane, containing 30 perches and six-tenths of a perch, more or less, being Lot 68, Deposited Plan 10587, and being all the land comprised and described in certificate of title, Volume 1094, folio 142, Auckland Registry, subject to fencing agreement in transfer 92127.
38: Provision with respect to levying of separate rate by North Canterbury Catchment Board
Whereas the Waimakariri River Trust raised the Eyre-Cust Special Loan 1926, consisting of 450 debentures of 100 pounds each, due and payable on 16 June 1976, and as security for the payment of the interest, sinking fund, and other charges thereon made and levied a special rate based on a classification of the rateable land in that part of the Waimakariri River Trust district defined and known as the Eyre-Cust Special Loan Area: And whereas the Waimakariri River Trust also raised the Waimakariri Special Loan 1929, consisting of 1 000 debentures of 100 pounds each, due and payable on 1 October 1965: And whereas the Waimakariri River Trust also raised the Waimakariri Supplementary Loan 1931, consisting of 100 debentures of 100 pounds each, due and payable on 1 October 1965, and, as security for the payment of the interest, sinking fund, and other charges on both the last-mentioned 2 loans, made and levied a special rate based on a classification of the rateable land in that part of the Waimakariri River Trust District defined and known as the Waimakariri Special Loan Area: And whereas the Waimakariri River Trust converted and consolidated the said 3 loans into the Waimakariri River Trust Conversion Loan 1934, and, for the purpose of securing repayment thereof and the interest thereon, did appropriate and pledge all the special rates made and levied as aforesaid: And whereas upon the dissolution of the Waimakariri River Trust, all the property, debts, liabilities, engagements, powers, and functions of the Waimakariri River Trust vested in and became the property, debts, liabilities, engagements, powers, and functions of the North Canterbury Catchment Board (in this section referred to as the Catchment Board And whereas the works for the purposes of which the said loans were raised have become inadequate, and the Catchment Board proposes to construct further works and in order to finance such further works proposes to strike certain rates over the land in the Waimakariri-Eyre-Cust Rating District, being a defined area in the district of the Catchment Board: And whereas the Catchment Board is desirous of paying the interest, sinking fund, and other charges in respect of the said loans out of rates to be struck over the land in the said Waimakariri-Eyre-Cust Rating District instead of collecting the said special rates: Be it therefore enacted as follows:
1: The Catchment Board may, instead of collecting the said special rates, decide by resolution to pay the interest, sinking fund, and other charges in respect of the said loans out of the proceeds of any separate rate which it may make and levy over the land in the Waimakariri-Eyre-Cust Rating District or any other special rating district defined by it incorporating the said Eyre-Cust Special Loan Area and the said Waimakariri Special Loan Area.
2: To the extent to which the payments authorised by subsection (1) are made as therein mentioned it shall not be necessary to collect the said special rates.
3: This section shall not be deemed to invalidate or to in any way affect the special rates made and levied as security for the said loans, or the rights of the debenture holders in respect thereof.
4: All classifications which may hereafter be made, during the currency of the said loans, of land included in the said Eyre-Cust Special Loan Area or the said Waimakariri Special Loan Area shall take into account the interest, sinking fund, and other charges to be paid out of a separate rate to be made and levied upon the said land in accordance with the classification, and the special rates to which the said land would otherwise be subject.
39: Validating dissolution of Waimakariri River Trust and Ashley River Trust
Whereas Proclamations made on 10 February 1947 and published in the Gazette section 10 And whereas such action under that section can only be effected by the Governor-General by Order in Council: And whereas the said Proclamations were treated as if they were valid Orders in Council under the said section: Be it therefore enacted as follows: Notwithstanding anything to the contrary in the Soil Conservation and Rivers Control Amendment Act 1946
40: Authorising Marlborough Catchment Board to construct river improvement works on tidal lands
1: Notwithstanding anything in sections 176 to 178 of the Harbours Act 1950, but subject to the provisions of sections 179 to 182 of that Act, and without restricting any other powers vested in it, the Marlborough Catchment Board is hereby authorised to construct the works shown on the plan marked MD 10828, deposited in the Head Office of the Marine Department at Wellington, in so far as those works are carried out in, on, over, through, or across the Wairau River or any other tidal lands or tidal water.
2: Notwithstanding anything to the contrary in any Act, any person who, at the commencement of this section, customarily uses the said river for the purposes of navigation in the course of his business or trade and whose business or trade is injuriously affected by the effect on navigation in that river of the construction of the said works, shall be entitled to claim compensation from the Catchment Board, in such manner as the Minister of Works shall determine. |
DLM325901 | 1960 | Reserves and Other Lands Disposal Act 1960 | 1: Short Title
This Act may be cited as the Reserves and Other Lands Disposal Act 1960.
2: Authorising issue of a special lease over portion of sounds foreshore reserve, Tory Channel
Whereas by a notice issued pursuant to section 17 Gazette said land Reserves and Domains Act 1953 And whereas situated partly on the said land and partly on adjoining foreshore is a whale factory owned by J. A. Perano & Co. Limited (in this section referred to as the Company Companies Act 1955 And whereas the Company occupies part of the said land and adjoining foreshore (together forming the site of the whale factory) under a licence issued to Joseph Henry Perano and Gilbert Thomas Perano under the provisions of the Whaling Industry Act 1935 And whereas the balance of the said land has been held by the Company under temporary licence issued under the Land Act 1948 And whereas the last-mentioned licence has expired and in the interests of its business the Company desires a long-term lease granting it exclusive occupation of the said land: And whereas no authority exists for the granting of such a long-term lease: And whereas the Company is prepared to allow the general public to have the right to use the track over the Company's land at the back of the said land so as to maintain continuity of access along the sounds foreshore reserves, and has agreed to maintain the track in good order: And whereas the said land is not required for use for sounds foreshore purposes and it is desirable to grant the Company a long-term lease of the said land: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in section 17 provided that should at any time the said land so leased be no longer required or used for the purpose of a site for a whale factory, then the lease thereof shall immediately determine and the land revert to the Crown for use as a reserve for sounds foreshore purposes freed from all rights, title, and interest therein on the part of the Company.
2: Any lease, surrender, or other instrument that is required to be executed for the purpose of giving effect to the provisions contained in this section authorising the leasing of the said land may be executed by the Commissioner of Crown Lands for the Marlborough Land District, and any such instrument that is so executed shall not require to be executed by or on behalf of the Minister of Lands and shall be deemed to be validly executed for all purposes.
3: The District Land Registrar for the Land Registration District of Marlborough is hereby authorised and directed, on the production of such plans and other particulars as he may require, to register any lease executed under the provisions of this section and submitted to him for registration.
4: The land to which this section relates, is particularly described as follows: All that area in the Marlborough Land District containing 1 acre 1 rood 20 perches, more or less, being part Sounds Foreshore Reserve situated in Block V, Arapawa Survey District, bounded by a line commencing at a point on the mean high-water mark of Fishermans Bay due west of peg XX on SO Plan 296 and proceeding due west to a point distant 1 chain from the said mean high-water mark; thence northerly and easterly along a line parallel to and distant 1 chain from the mean high-water mark of the said Fishermans Bay (as defined on the said plan 296) to a right line forming the south-eastern boundary of Lot 3, Deposited Plan 1519; thence south-westerly along a right line being the production of the said south-eastern boundary of Lot 3 to the mean high-water mark; thence westerly and southerly along the said mean high-water mark to the point of commencement; as shown on the plan marked L and S 22/3028/25A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 296).
3: Declaring certain endowment land in Rotorua County to be Crown land subject to the Land Act 1948
Whereas by a notice dated 29 April 1901, and published in the Gazette Land Act 1892 And whereas the said land is no longer required as a municipal endowment and it is desirable that it should be declared Crown land subject to the Land Act 1948 Be it therefore enacted as follows:
1: The reservation as an endowment for municipal purposes over the land described in subsection (2) is hereby cancelled and the said land is hereby declared to be Crown land available for disposal under the Land Act 1948
2: The land to which this section relates is particularly described as follows: All that area in the South Auckland Land District, being Section 5, Block XXIV, Mamaku Village, situated in Block XIV, Rotorua Survey District, containing 1 acre, more or less: as shown on the plan marked L and S 6/1/377, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 11240).
4: Dissolution of Balclutha Athenaeum and provisions incidental thereto
Whereas the land described in subsection (7) (in this section referred to as the said land Balclutha Athenaeum Act 1877 Athenaeum And whereas the only present function of the Athenaeum is the administration of the revenue derived from the leasing of the said land: And whereas this revenue has for many years been invested in local body loans or has been applied towards the maintenance of the Balclutha Public Library under the control and management of the Corporation of the Borough of Balclutha (in this section referred to as the Corporation And whereas the Corporation is willing to undertake the future control and maintenance of the said land and to apply the revenue derived therefrom for the purposes of the Balclutha Public Library provided that the property and assets of the Athenaeum are vested in it: And whereas the Athenaeum has agreed to such action and it is desirable and expedient to make provision accordingly: Be it therefore enacted as follows:
1: The Balclutha Athenaeum Act 1877
2: Notwithstanding anything to the contrary in any Act or rule of law, the said land is hereby vested in the Corporation for an estate in fee simple as an endowment for library purposes, with power of sale
3: All personal property of whatsoever nature, including all choses in action and the benefit of all contracts and agreements and all rights and powers exercisable thereunder or pertaining thereto, belonging to the Athenaeum, are hereby vested in the Corporation, freed from all trusts heretofore affecting the same, and all debts, liabilities, and engagements lawfully incurred or entered into by the Athenaeum and existing on the passing of this Act shall hereafter be debts, liabilities, and engagements of the Corporation and the Corporation shall pay or discharge the said debts, liabilities, and engagements and shall meet the cost of so doing out of its ordinary revenue.
4: All actions of the Athenaeum in administering the said land, and in applying rents derived from leases thereover and income from its investments, towards the maintenance of the Balclutha Public Library, are hereby validated and declared to have been lawful in all respects.
5: The Corporation shall expend the net revenue received from the said land and all money received by it under subsection (3) or derived from property vested in it by that subsection for library purposes.
6: The District Land Registrar for the Land Registration District of Otago 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.
7: The land hereby vested in the Corporation is described as follows: All those areas in the Otago Land District, being Section 1, Block VI, Warepa Survey District, and Section 16, Block IX, Kuriwao Survey District, containing 600 acres, more or less, and being all the land comprised and described in certificates of title, Volume 61, folios 167 and 168, Otago Registry (SO Plans 751 and 8770). Section 4(2) amended 30 April 1985 section 5 Reserves and Other Lands Disposal Act 1985
5: Change of purpose of the Blueskin Athenaeum and provisions incidental thereto
Section 5 repealed 27 November 1970 section 4(5) Reserves and Other Lands Disposal Act 1970
6: Cancelling the vesting of land held in trust by the Taranaki Harbour Board and declaring that land to be vested in Her Majesty as an addition to the Mount Moturoa Domain
Whereas the land described in subsection (4) was by a memorandum of transfer dated 19 April 1886, and registered as T 3356 in the Land Registry Office at New Plymouth, transferred to and vested in the New Plymouth (now Taranaki) Harbour Board in trust for the construction and maintenance of such docks, piers, and other works as might be deemed advisable by the said Harbour Board for facilitating the trade and commerce of the Town and Port of New Plymouth: And whereas the said land is not required for the purposes mentioned, but is suitable for recreational purposes: And whereas it is in the public interest that the said land should be administered and developed for recreational purposes: And whereas the Taranaki Harbour Board has agreed to transfer the land to Her Majesty as an addition to the Mount Moturoa Domain, subject to certain conditions, but has no statutory authority to do so: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in the Harbours Act 1950 Part 3 of the Reserves and Domains Act 1953
2: Notwithstanding the provisions of subsection (1), the Taranaki Harbour Board shall be entitled at any time, subject to the provisions of the Harbours Act 1950
3: The District Land Registrar for the Land Registration District of Taranaki 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 land to which this section relates is particularly described as follows: All that area in the Taranaki Land District, being part Section 811, Grey District (Block IV, Paritutu Survey District), situated in the City of New Plymouth, containing 1 acre 3 roods 34 perches and one-tenth of a perch, more or less, and being part of the land comprised and described in certificate of title, Volume 144, folio 101, Taranaki Registry: as shown on the plan marked L and S 1/1449A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 9170).
7: Exchange of portion of Kororareka Domain for portion of a public cemetery
Whereas the land described in subsection (3) is portion of an area vested in the Russell Town Board (now the Russell Town Council) in trust as a site for a public cemetery by an Order in Council dated 22 August 1927 and published in the Gazette And whereas the said land has not been used and is unsuitable for cemetery purposes, but is suitable for development and use for recreation purposes: And whereas that portion of the Kororareka Domain described in subsection (4) is unsuitable for recreation purposes, but is suitable for cemetery purposes: And whereas it is in the public interest that the said areas should be exchanged for each other, and it is desirable that provision should be made to effect the exchange: Be it therefore enacted as follows:
1: The vesting in the Russell Town Council in trust as a site for a public cemetery of the land described in subsection (3) is hereby cancelled, and the said land is hereby declared to be a reserve for recreation purposes and to form part of the Kororareka Domain under the control of the Russell Town Council acting as the Kororareka Domain Board under and subject to the provisions of Part 3 of the Reserves and Domains Act 1953
2: The reservation for recreation purposes of that portion of the Kororareka Domain described in subsection (4) is hereby cancelled, and the said land, notwithstanding the provisions of section 60 of the Cemeteries Act 1908
3: The land to which subsection (1) relates is described as follows: All that area in the North Auckland Land District, being part Section 6, Block I, Russell Survey District, containing 4 acres 2 roods 7 perches and four-tenths of a perch, more or less: as shown on the plan marked L and S 2/512A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 41899).
4: The land to which subsection (2) relates is described as follows: All that area in the North Auckland Land District, being Lot 65, DP 16246, being part Old Land Claim 128, situated in Block I, Russell Survey District, containing 4 acres and 13 perches and six-tenths of a perch, more or less: as shown on the plan marked L and S 2/512B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.
8: Authorising Gore Borough Council to sell certain land
Whereas by an Order in Council dated 3 October 1927, issued under the provisions of section 36 Gazette Corporation And whereas the said land is no longer required for that purpose: And whereas the greater part of the said land is leased as permanent depots for the holding and distribution of oil products: And whereas it is expedient that the Gore Borough Council (in this section referred to as the Council
1: Notwithstanding anything to the contrary in any Act or rule of law, the Council may sell the land 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 land shall be deemed to be cancelled.
2: The net proceeds from the sale of the said land shall be paid into a separate account and shall be applied in or towards the cost of purchasing additional land for public reserves or for the development or improvement of the public reserves from time to time controlled by or vested in the Council or the Corporation, and any money accruing by way of interest on sums so held in trust by the Council shall be used or expended by it for the said purposes heretofore mentioned.
3: The District Land Registrar for the Land Registration District of Southland 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 of land in the Southland Land District, situated in the Borough of Gore, being Lots 1, 2, 16, 17, and 18 on Deposited Plan 2971, being part of Block f, Town Belt Reserve, Town of Gore, containing 1 acre 1 rood 35 perches and two-tenths of a perch, more or less, and being part of the land comprised and described in certificate of title, Volume 137, folio 30, Southland Registry: as the same is shown on the plan marked L and S 6/1/1118, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured blue, sepia, and orange (SO Plan 6711).
9: Vesting certain land held by trustees in Her Majesty as an addition to the Tasman Memorial Domain
Whereas, by memorandum of transfer registered in the Land Registry Office at Nelson under Number 13266, the land described in subsection (3), known as the Tasman Recreation Ground (in this section referred to as the said land trustees said deed And whereas there are now no trustees in terms of the said deed: And whereas the said land has not been used or developed for recreation purposes owing to restrictions on its use set out in the said deed: And whereas it is desirable that the said land should be declared a public domain: And whereas the Tasman Memorial Domain Board desires to administer and develop the said land for recreation purposes as an addition to the Tasman Memorial Domain: And whereas it is desirable and expedient to make provision accordingly: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in any Act or rule of law, the land described in subsection (3) is hereby declared to be no longer vested in the trustees, and the said land is hereby declared to be vested in Her Majesty as a public domain subject to the provisions of Part 3 of the Reserves and Domains Act 1953
2: The District Land Registrar for the Land Registration District of Nelson 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: The land to which this section relates is particularly described as follows: All that area in the Nelson Land District, situated in Block I, Moutere Survey District, containing 6 acres, more or less, being Lot 7, DP 564, being part Section 17, District of Moutere Hills, and being all the land comprised and described in certificate of title, Volume 39, folio 181, Nelson Registry.
10: Authorising the exchange, sale, and other disposition of land in the Borough of Stratford, and provisions incidental thereto
Whereas the land firstly described in subsection (9) is vested in Her Majesty for recreation purposes subject to Part 3 of the Reserves and Domains Act 1953 And whereas the land secondly described in subsections (9) and (10) is vested in the Mayor, Councillors, and Citizens of the Borough of Stratford (in this section referred to as the Corporation And whereas the land thirdly described in subsection (9) is reserved for municipal purposes: And whereas the land fourthly described in subsection (9) and the land firstly described in subsection (10) form portions of a legal street known as Ariel Street: And whereas the land thirdly described in subsection (10) is vested in the Corporation for an estate in fee simple: And whereas the land fourthly described in subsection (10) was purchased by the Corporation pursuant to section 32 of the Public Works Act 1928 And whereas the land fifthly described in subsection (10) was purchased by the Corporation as a site for the quarrying of road metal or other material for road making, and is held subject to certain rights created by a memorandum of transfer registered in the Land Transfer Office at New Plymouth under No 9284: And whereas the portions of Ariel Street hereinbefore referred to are not required as street, and all the other pieces of land are no longer required for the purposes for which they are held: And whereas the Corporation desires to acquire an estate in fee simple, freed and discharged from all trusts, reservations, and restrictions, in the land described in subsection (9) in order to effect the sale thereof: And whereas the Corporation has agreed to the land described in subsection (10) being added to the Stratford Domain, and has also agreed to the proceeds of the sale of the land described in subsection (9) being applied in or towards the maintenance, improvement, development, or extension of the said Stratford Domain: And whereas it is desirable and expedient to give effect to the aforesaid proposals: Be it therefore enacted as follows:
1: The reservation for recreation purposes of that portion of the Stratford Domain firstly described in subsection (9) is hereby cancelled, and the said land is hereby declared to be no longer part of the said domain.
2: The reservation as an endowment in aid of municipal funds of the land secondly described in subsections (9) and (10), and the vesting of the said land in the Corporation in trust for that purpose are hereby cancelled.
3: The reservation for municipal purposes of the land thirdly described in subsection (9) is hereby cancelled.
4: The portions of Ariel Street fourthly described in subsection (9) and firstly described in subsection (10) are hereby declared to be closed.
5: Notwithstanding anything to the contrary in any Act or rule of law, the land described in subsection (9) is hereby declared to be vested for an estate in fee simple in the Corporation freed and discharged from all trusts, reservations, and restrictions heretofore affecting the same and the Corporation is hereby empowered to sell the said land or any part thereof by public auction, public tender, or private contract, or partly by one and partly by the other of such modes of sale, and either in 1 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.
6: The net proceeds from the sale of the land described in subsection (9) or of any part thereof shall be paid into the Corporation's domain account and applied towards the maintenance, improvement, development, or extension of the Stratford Domain.
7: Notwithstanding anything to the contrary in any Act or rule of law, the trusts, reservations, rights, and conditions affecting the land described in subsection (10), save only the rights created by transfer No 9284 in respect of the land fifthly so described, are hereby cancelled, and the said land is hereby declared to be vested in Her Majesty as a public domain subject to the provisions of Part 3 of the Reserves and Domains Act 1953
8: The District Land Registrar for the Land Registration District of Taranaki 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.
9: The land vested in the Corporation for an estate in fee simple by subsection (5) is particularly described as follows: Firstly, all those areas in the Taranaki Land District, being Sections 542 to 551 (inclusive), 574 to 581 (inclusive), 607 to 619 (inclusive), and 639 to 651 (inclusive), Town of Stratford, containing 11 acres, more or less: as shown on the plan marked L and S 1/350B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red and green. Secondly, all those areas in the Taranaki Land District, being Sections 552 to 554 (inclusive) and 584 to 586 (inclusive), Town of Stratford, containing 1 acre 2 roods, more or less, and being part of the land comprised and described in certificate of title, Volume 70, folio 113, Taranaki Registry: as shown on the plan marked L and S 1/350B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured green. Thirdly, all those areas in the Taranaki Land District, being Sections 582 and 583, Town of Stratford, containing 2 roods, more or less: as shown on the plan marked L and S 1/350B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured red. Fourthly, all that area in the Taranaki Land District, being part Ariel Street, between Romeo Street and Warwick Road, containing 2 acres 1 rood 1 perch and six-tenths of a perch, more or less: as shown on the plan marked L and S 1/350B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured burnt sienna and hatched green.
10: The land vested in Her Majesty as public domain by subsection (7) is particularly described as follows: Firstly, all that area in the Taranaki Land District, being part Ariel Street, between Regan Street and Fenton Street, containing 2 acres 2 roods 17 perches, more or less: as shown on the plan marked L and S 1/350B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured burnt sienna and edged yellow. Secondly, all those areas in the Taranaki Land District, being Sections 34, 35, 77, and 78, Town of Stratford, containing 1 acre, more or less, and being part of the land comprised and described in certificate of title, Volume 70, folio 113, Taranaki Registry: as shown on the plan marked L and S 1/350B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured blue. Thirdly, all those areas in the Taranaki Land District, being Sections 1024 (certificate of title, Volume 174, folio 83, Taranaki Registry), 1036 to 1038 (inclusive), Town of Stratford, and Sections 125 and 126, Block I, Ngaere Survey District, containing 6 acres 32 perches and fifty-nine one-hundredths of a perch, more or less: as shown on the plan marked L and S 1/350B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured purple. Fourthly, all that area in the Taranaki Land District, being Section 508, Town of Stratford, containing 1 rood, more or less, and being all the land comprised and described in certificate of title, Volume 14, folio 32, Taranaki Registry: as shown on the plan marked L and S 1/350B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured blue. Fifthly, all that area in the Taranaki Land District, being part Lot 18, DP 3025, being part Section 78, Block II, Ngaere Survey District, containing 4 acres 2 roods 13 perches and six-tenths of a perch, more or less, and being all the land comprised and described in certificate of title, Volume 94, folio 239, subject to certain rights created by Transfer No 9284, Taranaki Registry: as shown on the plan marked L and S 1/350B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured blue.
11: Authorising disposition of certain money derived from the operation of the Land Subdivision in Counties Act 1946
Whereas the land described in subsection (2) is known as Bledisloe Park and is vested in the Bledisloe Park Board (in this section referred to as the Park Board section 8 And whereas it is in the public interest that money held in the Land Settlement Account and derived from the operation of the Land Subdivision in Counties Act 1946 And whereas there is no statutory authority enabling this to be done, and it is desirable that provision should be made accordingly: Be it therefore enacted as follows:
1: For the purposes of paragraph (c) of subsection (2) of section 14 of the Land Subdivision in Counties Act 1946
2: The land known as Bledisloe Park is particularly described as follows: All that area in the South Auckland Land District, being Maketu A127 Block, situated in Block I, Otutara Survey District, and Block I, Waihi South Survey District, containing 11 acres 1 rood and 21 perches, more or less: as shown on the plan marked L and S 1/1038, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (ML Plans 15980 and 153082).
12: Effecting a change of purpose of land vested in Rotorua High School Board and providing for application of net revenue derived therefrom
Section 12 repealed 3 October 1995 section 12(a) Reserves and Other Lands Disposal Act 1995
13: Enabling certain land to be added to the Mount Benger Rabbit District
Whereas section 116 And whereas it has been found that rabbits do now exist on the said land and it is essential that they be exterminated: And whereas the Mount Benger Rabbit Board wishes to request the Minister of Agriculture to recommend to the Governor-General under section 15 of the Rabbits Act 1955 that the boundaries of the Mount Benger Rabbit District be altered to include the said land: Be it therefore enacted as follows: Section 116
14: Validating a supplementary agreement between the Corporations of the Counties of Waipa and Otorohanga, the City of Hamilton, and the Borough of Te Awamutu
Whereas section 10 said agreement And whereas the Corporation of the County of Raglan desires to be no longer bound by the said agreement: And whereas the remaining Corporations have agreed to that Corporation withdrawing from the said agreement: And whereas the said agreement provided for the appointment of a committee of management and the payment by the Corporations of the costs and expenses of the committee: And whereas with the withdrawal of the Corporation of the County of Raglan a supplementary agreement (in this section referred to as the supplementary agreement And whereas a copy of the supplementary agreement is deposited in the Head Office of the Department of Lands and Survey, at Wellington, as Auckland Deed Number 5458: And whereas it is expedient that the supplementary agreement be authorised and validated: Be it therefore enacted as follows: Notwithstanding anything to the contrary in any Act or rule of law, the supplementary agreement is hereby declared to be and to have always been valid and binding in all respects and of full force and effect according to its tenor, and the parties thereto shall be deemed to have had all powers and authorities necessary to enter into and execute the same and to have had and to possess full power to do all things requisite for the carrying out of the terms and conditions thereof.
15: Vesting certain land in the Corporation of the City of Wanganui for recreation purposes
Whereas, pursuant to the provisions of section 53 And whereas for many years the said land has not been used for such purposes but has, with certain adjoining land, been developed and maintained by the Wanganui City Council as an open space: And whereas, to provide for the more effective future control and management of the said land, it is desirable that it be vested in the Mayor, Councillors, and Citizens of the City of Wanganui (in this section referred to as the Corporation Reserves and Domains Act 1953 Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in the Wanganui Harbour and River Conservators Board Act 1876 Reserves and Domains Act 1953
2: The land to which this section relates is particularly described as follows: All that area in the Wellington Land District, being Section 304, Right Bank Wanganui River (City of Wanganui), containing 1 acre 1 rood 33 perches and four-tenths of a perch, more or less: as shown on the plan marked L and S 6/1/1115, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 24768).
16: Authorising the Governor-General to proclaim certain land in the Lake County to be Crown land
Whereas in the Town of Jamestown and in the Survey Districts of Martins Bay, Wilmot, and Hollyford in the Lake County, Otago Land District, certain land has been granted in fee simple, or reserved, or taken up under lease in perpetuity, or taken up under residence-site or business-site or special-site licences issued in terms of the Mining Act 1926 And whereas many of the owners and licensees are not known, and the land has been abandoned: And whereas it is in the public interest that the land should be resumed by Her Majesty, but subject to the right of the owners, lessees, and licensees thereof or their beneficiaries or successors in title to claim compensation as hereinafter provided: And whereas when the land was subdivided various strips of land were laid off as roads: And whereas most of them have never been used as roads and will not be required as roads in the future: And whereas it is desirable and expedient that special provision be made to enable the land, together with such roads as are not required, to be vested in Her Majesty as Crown land: Be it therefore enacted as follows:
1: This section relates to all land in the Town of Jamestown and in the Survey Districts of Martins Bay, Wilmot, and Hollyford in respect of which residence-site or business-site or special-site licences under the Mining Act 1926 Land Act 1892
a: the main road from Long Reef in Martins Bay Survey District to the southern boundary of the Hollyford Survey District; and
b: Camp Street in the Town of Jamestown; and
c: the access road from Camp Street and its extension to the eastern boundary of Section 59, Block II, Martins Bay Survey District.
2: The Governor-General may by Proclamation from time to time declare that any land (inclusive of roads, legal or otherwise), or any portion of the land to which this section relates shall, as from a date specified in that behalf in any such Proclamation, be deemed to be vested in Her Majesty as Crown land subject to the provisions of the Land Act 1948 provided that no land shall be taken under this subsection so long as any person who is liable to pay rates on that land continues to pay those rates, except with the consent of that person, and no road or part of a road shall be taken if the effect of the taking would be to deprive any such land of legal access.
3: Any roads or portions of roads (legal or otherwise), the subject of any Proclamation under subsection (2) shall, on the issue of the Proclamation, be deemed to be closed, as from the date specified in the Proclamation.
4: Before exercising any of the powers conferred on him by this section, the Governor-General shall cause not less than 3 months' notice of his intention so to do to be given in the Gazette
5: The District Land Registrar for the Land Registration District of Otago and the appropriate Mining Registrar are 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: If at any time within 5 years after the date specified in any Proclamation issued under this section the registered proprietor or licensee or any other person having any estate or interest in any land to which the Proclamation relates adduces satisfactory evidence of title to or interest in that land, he shall be entitled to claim compensation for his interest therein. The amount of compensation shall in every case be determined by the Land Settlement Board, and on any such determination, shall, without further appropriation than this section, be paid out of the Land Settlement Account established under the provisions of the Land Act 1948 provided that in no case shall the amount of compensation awarded under this section exceed the claimant's interest in the value of the land as determined by the said Board, as at the date specified in the Proclamation affecting the same, together with the value as at that date and as determined by the said Board of any improvements then existing on the land.
17: 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 permanent State forest land under the Forests Act 1949 And whereas it is desirable that it should be declared 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 permanent State forest land is hereby revoked and the said land is hereby declared to be Crown land subject to the Land Act 1948
2: The land to which this section relates is particularly described as follows: Firstly, all that area in the South Auckland Land District, being part of the land set apart as permanent State forest land by a Proclamation dated 1 March 1935, and published in the Gazette Secondly, all that area in the South Auckland Land District being part of the land set apart as permanent State forest land by a Proclamation dated 27 September 1935, and published in the Gazette Thirdly, all that area in the South Auckland Land District being part of the land set apart as permanent State forest land by a Proclamation dated 19 January 1925, and published in the Gazette Fourthly, all that area in the Wellington Land District, being Section 6 (formerly part Waimarino Defence Training Ground), Block XIV, Tongariro Survey District, containing 150 acres, more or less: as shown on the plan marked L and S 9/3650, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 24200). Fifthly, all that area in the Westland Land District, being Reserve 1975, situated in Block I, Poerua Survey District, containing 12 acres 3 roods 4 perches, more or less: as shown on the plan marked L and S 4/681B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 4696). Sixthly, all that area in the Westland Land District, being part Reserve 1462, situated in Blocks V and IX, Kaniere Survey District, containing 684 acres and 5 perches, more or less: as shown on the plan marked L and S 36/2491B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 4845). Seventhly, all that area in the Westland Land District, being parts Reserve 1957, situated in Block V, Mawheraiti Survey District, and Block VIII, Waiwhero Survey District, containing a total area of 95 acres 1 rood 3 perches, more or less: as shown on the plan marked L and S 10/98/80I, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 5021). Eighthly, all that area in the Canterbury Land District, being part Reserve 4515, situated in Block II, Lyndon Survey District, containing 66 acres and 3 roods, more or less: as shown on the plan marked L and S 8/5/3A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 9633). Ninthly, all that area in the South Auckland Land District, being part Section 6, Block VIII, Maramarua Survey District, containing 33 acres 3 roods 19 perches, more or less: as shown on the plan marked L and S 10/92/34A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 40606). Tenthly, all those areas in the South Auckland Land District, being part Paeroa 3A and 4A Blocks, situated in Blocks XV and XVI, Paeroa Survey District; Block XIII, Kaingaroa Survey District; Blocks III and IV, Takapau Survey District; and Block I, Wheao Survey District, containing 12 000 acres, more or less, and being all the land comprised and described in certificate of title, Volume 460, folio 186, Auckland Registry: and also being part Lot 3, DP 20886, situated in Blocks I and V, Wheao Survey District, containing 185 acres, more or less, being part of the land comprised and described in certificate of title, Volume 702, folio 18, Auckland Registry: and also Paeroa East 3C Block, situated in Blocks IV and VIII, Takapau Survey District, and Blocks I and V, Wheao Survey District, containing 743 acres, more or less; and also part Run 59 situated in Blocks III and IV, Takapau Survey District, containing 93 acres 2 roods 25 perches, more or less; and also part Section 1, Block I, and Section I, Block V, Wheao Survey District, containing 9 acres 1 rood 15 perches, more or less: as shown on the plan marked L and S 36/1386A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 40588).
18: Vesting certain land in the University of Otago as an addition to an endowment
Whereas, by the Otago University Reserves Vesting Act 1893 University And whereas by a Proclamation taking effect on and after 12 August 1957, dated 1 August 1957, and published in the Gazette said land And whereas by the said Proclamation an easement vesting in the Board a right of way appurtenant to the said land was taken over that portion of the endowment secondly described in subsection (3): And whereas the Board no longer requires the said land and right of way, and by a Proclamation dated 7 September 1960, and published in the Gazette Land Act 1948 And whereas for the better utilisation thereof it is desirable that both areas should be again included in the surrounding endowment: And whereas the Council of the University has agreed to such inclusion: Be it therefore enacted as follows:
1: The land described in subsection (3) is hereby vested in the University as a reserve for an endowment for the University and is hereby declared to be subject to the provisions of the Otago University Reserves Vesting Act 1893 Otago University Reserves Act 1904
2: The District Land Registrar for the Otago Land Registration District shall deposit such plans, accept such documents for registration, and do all such other things as may be necessary to give effect to the provisions of this section and shall, on the application of the University, issue a certificate of title for the said land.
3: The land to which this section relates is more particularly described as follows: Firstly, all that area in the Otago Land District, being part Section 4, Block XVI, Benmore Survey District, containing 1 rood 13 perches, more or less: as shown on the plan marked L and S 8/9/331A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 11949). Secondly, all that area in the Otago Land District, being part Section 4, Block XVI, Benmore Survey District, containing 7 acres and 21 perches and one-tenth of a perch, more or less: as shown on the plan marked L and S 8/9/331B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured yellow and edged red (SO Plan 11949). |
DLM405545 | 1971 | Lake Waikaremoana Act 1971 | 1: Short Title
This Act may be cited as the Lake Waikaremoana Act 1971.
2: Interpretation
In this Act unless the context otherwise requires,— Lake Waikaremoana the lake the lease Schedule trustees Tūhoe Charitable Trust section 88 Tūhoe Claims Settlement Act 2014 Section 2 trustees inserted 28 July 2014 section 109 Tūhoe Claims Settlement Act 2014 Section 2 Tūhoe Charitable Trust inserted 28 July 2014 section 109 Tūhoe Claims Settlement Act 2014
3: Validation of the lease
1: The lease is hereby declared to be a valid and effectual lease of Lake Waikaremoana and to have effect according to its tenor as if it had been granted in due form by the Maori Trustee pursuant to a duly confirmed resolution of a meeting of assembled owners under Part 23 of the Maori Affairs Act 1953.
2: Any extension of the term of the lease and any variation, negation of, or addition to the covenants, conditions, and restrictions contained or implied in the lease shall be effected in the manner provided by section 116
4: Registration of lease
The District Land Registrar for the Land Registration District of Gisborne is hereby authorised and directed upon the application of the Commissioner of Crown Lands at Gisborne to register the lease under the Land Transfer Act 1952
5: Change of name of Tuhoe Maori Trust Board
1: The body corporate constituted by section 9A section 9
2: Amendment(s) incorporated in the Act(s)
3: The provisions of section 40
6: Change of name of Wairoa Maori Trust Board
1: The body corporate continued in existence by section 11
2: Amendment(s) incorporated in the Act(s)
3: The provisions of section 40
7: Original lists for Kahungunu and Tuhoe
1: In this section the word lists
2: The lists numbered 1, 2, 3, 4, 8, 10, 16, 20, 23, 30, 32, 34, 39, and 40 are declared to be Ngati Kahungunu lists.
3: The lists numbered 5, 13, 14, 18, 25, 27, 29, and 38 are declared to be Tuhoe lists.
8: Preliminary lists showing tribal affiliations of owners
1: As soon as practicable after the commencement of this Act there shall be made available for public inspection at the offices of the Maori and Island Affairs Department at Gisborne, Rotorua, Wairoa, and Whakatane and at the Post Offices at Tuai and Ruatahuna a list of owners of Lake Waikaremoana as disclosed by the records of the Maori Land Court.
2: The list shall be divided into 2 portions, one comprising the names of those owners whose interests were derived from persons named in the Ngati Kahungunu lists declared by subsection (2) of section 7
3: Each copy of the list shall show the date on which it first became available for public inspection.
9: Final lists showing tribal affiliations of owners
1: Any person named in the list referred to in subsection (1) of section 8
2: Any person who becomes an owner of Lake Waikaremoana by means of a vesting order of the Maori Land Court made under Part 12 of the Maori Affairs Act 1953 in succession to a deceased person named in the list referred to in subsection (1) of section 8
3: Upon the expiry of 6 months after the date on which the list referred to in subsection (1) of section 8
4: A duly certified copy of the list shall be forwarded to both the Wairoa-Waikaremoana Maori Trust Board and the Tuhoe-Waikaremoana Maori Trust Board.
10: Additional beneficiaries of Wairoa-Waikaremoana Maori Trust Board
1: The persons whose names are comprised in the Ngati Kahungunu portion of the list compiled pursuant to subsection (3) of section 9
2: Section 10(2) repealed 20 October 1972 section 15(2) Maori Purposes Act 1972
11: Additional beneficiaries of Tuhoe-Waikaremoana Maori Trust Board
1: The persons whose names are comprised in the Tuhoe portion of the list compiled pursuant to subsection (3) of section 9
2: Amendment(s) incorporated in the Act(s)
12: Representation of new beneficiaries by members of Trust Boards
Pending provision by regulations under the Maori Trust Boards Act 1955
13: Vesting in Maori Trust Boards of Lake Waikaremoana
1: Upon completing the compilation of the final list of owners of Lake Waikaremoana pursuant to subsection (3) of section 9
2: The Registrar shall thereupon make an order vesting Lake Waikaremoana in the Wairoa-Waikaremoana Maori Trust Board and in the Tuhoe-Waikaremoana Maori Trust Board for an estate of freehold in fee simple (but subject to the lease to the Crown validated by section 3
3: The order made pursuant to subsection (2) shall have effect as if it were an order of the Maori Land Court, and the District Land Registrar is hereby authorised and directed upon the application of the Registrar of the Maori Land Court to register it accordingly under the Land Transfer Act 1952
14: Rent and other money payable
1: The rent payable under the lease and any other money that becomes payable in respect of Lake Waikaremoana must be paid, in accordance with their respective shares in the lake, to—
a: the Tūhoe Charitable Trust Board, to be held subject to the trusts, covenants, and conditions applying to the assets and liabilities of the Tūhoe Charitable Trust; and
b: the Wairoa-Waikaremoana Maori Trust Board.
2: The rent and other money referred to in subsection (1) constitute assets,—
a: in the case of the money paid under subsection (1)(a), of the Tūhoe Charitable Trust Board; and
b: in the case of the money paid under subsection (1)(b), of the Wairoa-Waikaremoana Maori Trust Board, for the purposes of section 24
3: Any necessary expenses incurred in negotiating the lease and carrying out the requirements of this Act may be met from the rent payable under the lease before it is paid to the Tūhoe Charitable Trust Board as trustee of the Tūhoe Charitable Trust and the Wairoa-Waikaremoana Maori Trust Board respectively. Section 14 replaced 28 July 2014 section 109 Tūhoe Claims Settlement Act 2014 |
DLM399728 | 1971 | Stamp and Cheque Duties Act 1971 | 1: Short Title, commencement, etc
1: This Act may be cited as the Stamp and Cheque Duties Act 1971.
2: This Act shall come into force on 1 January 1972.
3: This Act is hereby declared to be one of the Inland Revenue Acts within the meaning of the Tax Administration Act 1994 Section 1(3) amended 1 April 1995 Income Tax Act 1994
1: Interpretation
2: Interpretation
Section 2 repealed 22 July 2014 section 5(2) Cheque Duty Repeal Act 2014
3: Meaning of the term instrument
Section 3 repealed 20 May 1999 section 5 Stamp Duty Abolition Act 1999
4: Instruments written together, or relating to more than 1 transaction
Section 4 repealed 20 May 1999 section 5 Stamp Duty Abolition Act 1999
5: Meaning of the term executed
Section 5 repealed 20 May 1999 section 5 Stamp Duty Abolition Act 1999
6: Meaning of the term deed
Section 6 repealed 17 March 1988 section 7(1) Stamp and Cheque Duties Amendment Act (No 2) 1988
7: Meaning of the expression instrument of conveyance extended
Section 7 repealed 20 May 1999 section 5 Stamp Duty Abolition Act 1999
8: Meaning of the term lease
Section 8 repealed 20 May 1999 section 5 Stamp Duty Abolition Act 1999
9: Licence under
Sale of Liquor Act 1989 Section 9 repealed 20 May 1999 section 5 Stamp Duty Abolition Act 1999
2: Liability for stamp duty
Part 2 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
10: Stamp duty payable
Section 10 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
11: No stamp duty payable on certain instruments
Section 11 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
12: No stamp duty payable on instruments conveying certain property
Section 12 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
13: No stamp duty payable on instruments of conveyance to certain persons
Section 13 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
14: No stamp duty payable on leases to certain persons
Section 14 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999 Conveyance duty Heading repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
15: Conveyance duty
Section 15 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
16: Conveyance by direction of intermediary
Section 16 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
17: No conveyance duty payable on certain instruments of conveyance
Section 17 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
18: No conveyance duty payable on certain surrenders of leases and conveyances to charities
Section 18 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
19: No conveyance duty on instrument of conveyance executed pursuant to stamped agreement
Section 19 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
20: No conveyance duty payable on more than 1 agreement in respect of the same transaction
Section 20 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
21: No conveyance duty on agreement to convey if the instrument of conveyance executed pursuant to it is duly stamped
Section 21 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
22: No conveyance duty payable on certain declarations of trust
Section 22 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
22A: No conveyance duty payable on instrument of conveyance executed in respect of first home
Section 22A repealed 10 July 1981 section 4(1) Stamp and Cheque Duties Amendment Act 1981
22B: No conveyance duty payable on instrument of conveyance executed in respect of first farm
Section 22B repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
22C: No conveyance duty payable in respect of transactions relating to certain family homes
Section 22C repealed 10 July 1981 section 4(1) Stamp and Cheque Duties Amendment Act 1981
23: Conveyance duty reduced if gift duty paid on conveyance
Section 23 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
24: No conveyance duty payable in respect of conveyance of residential land
Section 24 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
24A: Conveyance duty reduced on instrument of conveyance of dwellinghouse
Section 24A repealed 17 March 1988 section 7(1) Stamp and Cheque Duties Amendment Act (No 2) 1988
25: Agreement to convey on behalf of company to be incorporated
Section 25 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999 Lease duty Heading repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
26: Lease duty
Section 26 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
27: Duty on lease including chattels, timber, minerals, or other property
Section 27 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
28: Lease duty to be computed on goodwill
Section 28 repealed 17 March 1988 section 7(1) Stamp and Cheque Duties Amendment Act (No 2) 1988
29: Duty on instruments increasing rent or other consideration under lease
Section 29 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
30: No lease duty payable on lease executed pursuant to stamped agreement
Section 30 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
31: No lease duty payable on more than 1 agreement to lease in respect of the same transaction
Section 31 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
32: No lease duty payable on agreement to lease if the lease executed pursuant to it is duly stamped
Section 32 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
33: Duty on leases providing for re-determination of rent
Section 33 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
34: Lease duty reduced if gift duty payable on lease
Section 34 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
35: No lease duty payable in respect of lease of residential land
Section 35 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999 Deed duty Heading repealed 17 March 1988 section 6(1) Stamp and Cheque Duties Amendment Act (No 2) 1988
36: Deed duty
Section 36 repealed 17 March 1988 section 6(1) Stamp and Cheque Duties Amendment Act (No 2) 1988
37: No deed duty payable on certain instruments
Section 37 repealed 17 March 1988 section 6(1) Stamp and Cheque Duties Amendment Act (No 2) 1988 Denoting duty Heading repealed 17 March 1988 section 6(2) Stamp and Cheque Duties Amendment Act (No 2) 1988
38: Denoting duty
Section 38 repealed 17 March 1988 section 6(2) Stamp and Cheque Duties Amendment Act (No 2) 1988
39: No denoting duty payable on certain instruments
Section 39 repealed 17 March 1988 section 6(2) Stamp and Cheque Duties Amendment Act (No 2) 1988
3: Valuation
Part 3 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
40: Value of property as at date instrument executed
Section 40 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
41: Valuation not to be less than value expressed in instrument
Section 41 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
42: Valuation of land
Section 42 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
43: Objections to special valuations of land
Section 43 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
44: Valuing shares
Section 44 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
45: Valuing property subject to a mortgage
Section 45 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
46: Apportionment of value
Section 46 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
47: Valuation of consideration
Section 47 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
48: Valuation by Commissioner
Section 48 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
4: Assessment and collection of stamp duty
Part 4 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
49: Presentation for stamping
Section 49 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
50: Time for presentation
Section 50 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
51: Stamping otherwise than by presentation
Section 51 repealed 17 March 1988 section 7(1) Stamp and Cheque Duties Amendment Act (No 2) 1988
51A: Composition by
New Zealand Stock Exchange Section 51A repealed 17 March 1988 section 7(1) Stamp and Cheque Duties Amendment Act (No 2) 1988
52: Right of Commissioner to hold and impound instruments
Section 52 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
53: Requirement that instrument be presented for stamping
Section 53 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
54: Determination of liability for stamp duty
Section 54 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
55: Notice of assessment
Section 55 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
56: Assessment conclusive
Section 56 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
57: Penalty for late presentation
Section 57 repealed 26 July 1996 section 7 Stamp and Cheque Duties Amendment Act 1996
58: Due date for payment of stamp duty
Section 58 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
59: Penalty proportionately reduced on reduction of duty
Section 59 repealed 26 July 1996 section 9 Stamp and Cheque Duties Amendment Act 1996
60: Remission of penalties
Section 60 repealed 26 July 1996 section 10 Stamp and Cheque Duties Amendment Act 1996
61: Determination that instrument not liable denoted by impressed stamp
Section 61 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
62: Payment of stamp duty denoted by impressed stamp
Section 62 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
63: Payment of penalty denoted by impressed stamp
Section 63 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
64: Use of prescribed stamp on certain instruments
Section 64 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
65: Stamp duty constitutes a debt to the Crown
Section 65 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
66: Persons liable for stamp duty
Section 66 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
67: Refund of duty on revaluation of consideration in accordance with the outcome of a contingency
Section 67 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
68: Refund of duty or penalty on application
Section 68 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
69: Unstamped instruments inadmissible in evidence
Section 69 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
70: Unstamped instruments ineligible for registration
Section 70 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
71: Refunds payable out of
Crown Bank Account Section 71 repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
71A: Application of
Parts 4A and 8A of Tax Administration Act 1994 Section 71A repealed 20 May 1999 section 6 Stamp Duty Abolition Act 1999
5: Objections to assessments
Part 5 repealed 1 October 1996 section 14(1) Stamp and Cheque Duties Amendment Act 1996
72: Objections to assessments
Section 72 repealed 1 October 1996 section 14(1) Stamp and Cheque Duties Amendment Act 1996
73: Commissioner may alter assessment, or objection may be submitted to Taxation Review Authority Section 73 repealed 1 October 1996 section 14(1) Stamp and Cheque Duties Amendment Act 1996
74: When objection may be referred in first instance to High Court Section 74 repealed 1 October 1996 section 14(1) Stamp and Cheque Duties Amendment Act 1996
74A: Test case procedure
Section 74A repealed 1 October 1996 section 14(1) Stamp and Cheque Duties Amendment Act 1996
75: Removal of case into Court of Appeal
Section 75 repealed 1 October 1996 section 14(1) Stamp and Cheque Duties Amendment Act 1996
6: Cheque duty
76: Interpretation
Section 76 repealed 1 July 2014 section 3(1) Cheque Duty Repeal Act 2014
77: Cheque duty payable
Section 77 repealed 1 July 2014 section 3(1) Cheque Duty Repeal Act 2014
78: Rates of cheque duty
Section 78 repealed 1 July 2014 section 3(1) Cheque Duty Repeal Act 2014
79: No cheque duty payable on certain bills
Section 79 repealed 1 July 2014 section 3(1) Cheque Duty Repeal Act 2014
80: Exemption from cheque duty by agreement
Section 80 repealed 1 July 2014 section 3(1) Cheque Duty Repeal Act 2014
81: Cheque duty payable by licensed banks
Section 81 repealed 1 July 2014 section 3(1) Cheque Duty Repeal Act 2014
82: Cheque duty payable by licensed printers
Section 82 repealed 1 July 2014 section 3(1) Cheque Duty Repeal Act 2014
83: Cheque duty payable by other licensees
Section 83 repealed 1 July 2014 section 3(1) Cheque Duty Repeal Act 2014
84: Cheque duty payable otherwise than under a licence
Section 84 repealed 1 July 2014 section 3(1) Cheque Duty Repeal Act 2014
85: Refund of cheque duty
Section 85 repealed 22 July 2014 section 5(2) Cheque Duty Repeal Act 2014
86: Refunds payable out of Crown Bank Account
Section 86 repealed 22 July 2014 section 5(2) Cheque Duty Repeal Act 2014
6A: Credit card transaction duty
Part 6A repealed 1 April 1998 section 56(1) Taxation (Remedial Provisions) Act 1998
86A: Interpretation
Section 86A repealed 1 April 1998 section 56(1) Taxation (Remedial Provisions) Act 1998
86B: Credit card transaction duty payable
Section 86B repealed 1 April 1998 section 56(1) Taxation (Remedial Provisions) Act 1998
86C: Rate of credit card transaction duty
Section 86C repealed 1 April 1998 section 56(1) Taxation (Remedial Provisions) Act 1998
86D: Payment of credit card transaction duty
Section 86D repealed 1 April 1998 section 56(1) Taxation (Remedial Provisions) Act 1998
86E: Interest on unpaid credit card transaction duty
Section 86E repealed 26 July 1996 section 20 Stamp and Cheque Duties Amendment Act 1996
6B: Approved issuer levy
Part 6B inserted 1 August 1991 Stamp and Cheque Duties Amendment Act (No 2) 1991
86F: Interpretation
In this Part, unless the context otherwise requires,— approved issuer section YA 1 approved issuer levy section 86J Commissioner Tax Administration Act 1994 interest paragraphs (a) and (b) of the definition of interest in section YA 1 leviable value money lent section YA 1 of the Income Tax Act 2007 money lending paid payment paragraph (a) section YA 1 registered security
a: at any time any transaction involving money lent to an approved issuer that is—
i: registered by the Commissioner under section 86H
ii: one of a class of transactions so registered; or
b: a transaction involving money lent to an approved issuer that is treated by the Commissioner as a registered security because the approved issuer has paid interest under the transaction, and—
i: the transaction is a notional loan under section FG 2 section RF 3
ii: an amount of the interest was apportioned to a New Zealand source under section YD 5(4) section RF 3 Section 86F inserted 1 August 1991 Stamp and Cheque Duties Amendment Act (No 2) 1991 Section 86F approved issuer amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 86F Commissioner inserted 22 July 2014 section 5(3) Cheque Duty Repeal Act 2014 Section 86F interest amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 86F money lent amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 86F paid payment amended 6 October 2009 section 858(2) Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 Section 86F paid payment amended 6 October 2009 section 858(1) Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 Section 86F paid payment amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 86F registered security replaced 30 March 2017 section 373 Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017
86G: Application to register securities
Any approved issuer may apply to the Commissioner, in writing and in such form as the Commissioner may approve, for registration of—
a: any transaction involving money lent to that approved issuer; or
b: any class of transactions involving money lent to that approved issuer— as a registered security or registered securities for the purposes of this Part. Section 86G inserted 1 August 1991 Stamp and Cheque Duties Amendment Act (No 2) 1991
86GB: Treatment of approved issuer levy when prepayments or transfer pricing adjustment made
1: A person may apply to the Commissioner for a refund of an amount of approved issuer levy if and to the extent to which—
a: the levy is, or has been, paid by a person in relation to an amount that is treated as paid under section RZ 13(2)
b: a reduction in the interest payable, or an amount treated as interest under section FG 3 section GC 7
2: The person may ask the Commissioner to apply some or all of the amount of a refund under this section to satisfy, or partly satisfy, a liability under the Inland Revenue Acts. Section 86GB inserted 30 March 2017 section 374 Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017
86H: Registration of securities by Commissioner
1: Where—
a: the Commissioner has received from any approved issuer any duly completed application for registration in accordance with section 86G
b: except in any case where the Government of New Zealand is the approved issuer, the Commissioner is satisfied that the money lent or to be lent under the transaction or class of transactions in respect of which registration is sought was or is to be lent on or after 1 August 1991,— the Commissioner shall, within 20 working days after receipt of the application and by notice in writing,—
c: register the relevant transaction or class of transactions for the purposes of this Part; and
d: notify the approved issuer of that registration.
2: Registration of any transaction or class of transactions under this section shall take effect from the date upon which the Commissioner received the duly completed application for registration made by the approved issuer in accordance with section 86G Section 86H inserted 1 August 1991 Stamp and Cheque Duties Amendment Act (No 2) 1991
86I: Application of approved issuer levy and zero-rating
1: For the purposes of the NRWT rules of the Income Tax Act 2007 section 86J
a: and to the extent that, payment is made by or on behalf of the approved issuer of approved issuer levy on the leviable value of the registered security at the time of the payment of interest—
i: at the rate specified in section 86J
ii: by the date specified in either section 86K 86KA Part 7 9
b: the registered security meets the requirements of section 86IB
i: showing the details prescribed by the Commissioner under section 86K(2)
ii: by the time that would be required by section 86K(1)(b)
2: For the purposes of section 86G subpart FG section FG 3
a: the payment is treated as made by an approved issuer; and
b: the notional loan referred to in section FG 2(1) Section 86I replaced 7 May 2012 section 149 Taxation (International Investment and Remedial Matters) Act 2012 Section 86I(1) amended 17 July 2013 section 149 Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 Section 86I(2) inserted 1 April 2017 section 375 Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017
86IB: Zero rate of approved issuer levy—requirements for securities
1: A registered security meets the requirements of this section if—
a: the security is denominated in New Zealand dollars; and
b: the issue of the security—
i: was under a regulated offer for the purposes of the Financial Markets Conduct Act 2013 clause 19 21(b) Securities Act 1978
ii: was not a private placement; and
c: the security is not an asset-backed security; and
d: the activities of the registrar and the paying agent for the security are carried on through a fixed establishment in New Zealand; and
e: the security—
i: is quoted on a licensed market (within the meaning of section 6(1)
ii: is one of a number of securities meeting the requirements of subsection (2) that are traded in a market bringing together buyers and sellers of such securities.
2: A security meets the requirements of this subsection if, at or before the time of the payment of interest referred to in section 86I
a: the security is one of a number of identical debt securities (the class of securities
b: the group of persons who each hold a security included in the class of securities consists of 100 or more persons; and
c: the issuer of the class of securities has reasonable grounds for expecting that each of 100 or more persons in the group—
i: is not associated with the issuer except by being a beneficiary of a trust established for the main purpose of protecting and enforcing beneficiaries' rights under the class of securities; and
ii: is not associated with another member of the group; and
iii: is not part of an arrangement intended to temporarily increase the number of persons in the group; and
d: no person or group of associated persons holds more than 10% by value of the class of securities. Section 86IB inserted 7 May 2012 section 149 Taxation (International Investment and Remedial Matters) Act 2012 Section 86IB(1)(b)(i) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 86IB(1)(b)(i) amended 30 March 2017 section 376 Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 Section 86IB(1)(e)(i) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
86IC: When payment of approved issuer levy compulsory
An approved issuer must pay approved issuer levy if they pay interest under a transaction, and—
a: the transaction is a notional loan under section FG 2 section RF 3
b: an amount of the interest was apportioned to a New Zealand source under section YD 5(4) section RF 3 Section 86IC inserted 30 March 2017 section 377 Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017
86J: Approved issuer levy
Approved issuer levy shall be computed in respect of any registered security at any time at the rate of 2 cents for every $1 of the leviable value of the registered security at that time. Section 86J inserted 1 August 1991 Stamp and Cheque Duties Amendment Act (No 2) 1991
86K: Payment of approved issuer levy
1: Any approved issuer or person on behalf of an approved issuer
a: the 14th day of the following month, where the levy is paid in relation to payments of interest made before 1 June 1992:
b: the 20th day of the following month, where the levy is paid in relation to payments of interest made on or after 1 June 1992.
2: Any payment by a person of approved issuer levy shall be accompanied by a statement in such form as the Commissioner may approve showing such particulars as the Commissioner may prescribe in relation to—
a: the payments of interest in respect of which the levy is paid:
b: the approved issuer or issuers of the registered security or securities in respect of which the payments of interest were made:
c: the registered security or securities in respect of which the payments of interest were made:
d: the computation of the amount of approved issuer levy. Section 86K inserted 1 August 1991 Stamp and Cheque Duties Amendment Act (No 2) 1991 Section 86K(1) amended 27 March 2001 section 73(1) Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001
86KA: Payment of approved issuer levy in instalments
1: If, for a tax year
2: The first instalment is—
a: the total of all approved issuer levy payments required by or on behalf of an approved issuer during the period 1 April to 30 September (both dates inclusive); and
b: due and payable on 20 October of the year.
3: The second instalment is—
a: the total of all approved issuer levy payments required by or on behalf of an approved issuer during the period 1 October to 31 March (both dates inclusive); and
b: due and payable on 20 April of the following year.
4: If the $500 total is reached at any time during a tax year
a: pay to the Commissioner all approved issuer levy payments owed by the person for the period from the beginning of the year until the end of the month in which the $500 total is reached:
b: pay the amount required by paragraph (a)
c: pay approved issuer levy payments for the rest of the year in accordance with section 86K(1)(b)
5: If a person is no longer required to pay the approved issuer levy, the person must—
a: pay to the Commissioner all approved issuer levy payments due and not paid:
b: pay the amount required by paragraph (a)
6: Payments made in accordance with this section must be accompanied by a statement that meets the requirements of section 86K(2) Section 86KA inserted 27 March 2001 section 74(1) Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001 Section 86KA(1) amended 1 April 2005 section YA 2 Income Tax Act 2004 Section 86KA(4) amended 1 April 2005 section YA 2 Income Tax Act 2004
86L: Refund of levy paid in error or in excess
1: Where, at any time within 4 years
1A: A refund under subsection (1) must be made in accordance with the requirements of section 184A
2: For the purposes of the NRWT rules of the Income Tax Act 2007
3: All money payable by the Commissioner under this section by way of refund of levy shall be paid without further appropriation than this section. Section 86L inserted 1 August 1991 Stamp and Cheque Duties Amendment Act (No 2) 1991 Section 86L(1) amended 17 July 2013 section 150 Taxation (Livestock Valuation, Assets Expenditure, and Remedial Matters) Act 2013 Section 86L(1A) inserted 7 October 1998 section 83(1) Taxation (Simplification and Other Remedial Matters) Act 1998 Section 86L(2) replaced 21 December 2010 section 183 Taxation (GST and Remedial Matters) Act 2010
86M: Relief in cases of serious hardship
Section 86M repealed 27 March 2001 section 75(1) Taxation (Beneficiary Income of Minors, Services-Related Payments and Remedial Matters) Act 2001
86N: Offence to give false information
Section 86N repealed 26 July 1996 section 21 Stamp and Cheque Duties Amendment Act 1996
7: Miscellaneous offences
Part 7 repealed 20 May 1999 Stamp Duty Abolition Act 1999
87: Time for laying informations
Section 87 repealed 26 July 1996 section 22(1) Stamp and Cheque Duties Amendment Act 1996
88: Offence to defraud Crown of duty or penalty payable under this Act
Section 88 repealed 26 July 1996 section 22(1) Stamp and Cheque Duties Amendment Act 1996
89: Offence to give false information
Section 89 repealed 26 July 1996 section 22(1) Stamp and Cheque Duties Amendment Act 1996
90: Offence to issue certain shares unless pursuant to duly stamped instrument of nomination
Section 90 repealed 20 May 1999 Stamp Duty Abolition Act 1999
91: Offence to execute instrument of conveyance of shares unless transferee's name entered in instrument
Section 91 repealed 20 May 1999 Stamp Duty Abolition Act 1999
92: Offence for sharebroker not to send particulars of shares sold without instrument of transfer
Section 92 repealed 17 March 1988 section 7(1) Stamp and Cheque Duties Amendment Act (No 2) 1988
92A: Offence to stamp instrument otherwise than by presentation except in certain cases
Section 92A repealed 26 July 1996 section 22(1) Stamp and Cheque Duties Amendment Act 1996
93: Principal officers of companies committing offences
Section 93 repealed 26 July 1996 section 22(1) Stamp and Cheque Duties Amendment Act 1996
94: Printing unauthorised inscriptions on bills of exchange
Section 94 repealed 26 July 1996 section 22(1) Stamp and Cheque Duties Amendment Act 1996
8: Miscellaneous provisions
95: Evidence inconsistent with instrument not admissible to reduce stamp duty
Section 95 repealed 26 July 1996 section 23 Stamp and Cheque Duties Amendment Act 1996
96: Sharebroker may recover duty from purchaser of shares
Section 96 repealed 17 March 1988 section 7(1) Stamp and Cheque Duties Amendment Act (No 2) 1988
97: Giving notices
Section 97 repealed 1 April 1981 Inland Revenue Department Amendment Act 1980
98: Duty recoverable by Commissioner in official name
Section 98 repealed 20 May 1999 section 5 Stamp Duty Abolition Act 1999
99: Duty paid under repealed Act
Section 99 repealed 20 May 1999 section 5 Stamp Duty Abolition Act 1999
99A: Application of Part 9 of Tax Administration Act 1994
Part 9 Section 99A inserted 26 July 1996 section 24 Stamp and Cheque Duties Amendment Act 1996
100: Consequential amendments
The enactments specified in Schedule 2
101: Repeals and revocations
1: The enactments specified in Schedule 3
2: The following regulations are hereby revoked—
a: the National Expenditure Adjustment (Stamp Duty) Regulations 1932
b:
c:
d: the Emergency Forces Stamp Duty Regulations 1951:
e: the Stamp Duties Regulations 1967. Section 101(2)(b) repealed 1 August 1991 section 2(1) Rehabilitation Act Repeal Act 1991 Section 101(2)(c) repealed 1 August 1991 section 2(1) Rehabilitation Act Repeal Act 1991 |
DLM397837 | 1971 | Marine Reserves Act 1971 | 1: Short Title
This Act may be cited as the Marine Reserves Act 1971.
2: Interpretation
In this Act, unless the context otherwise requires,— area
a: the seabed vertically below an area of the surface of—
i: the territorial sea of New Zealand
ii: the internal waters of New Zealand as defined by section 4 the Territorial Sea , Contiguous Zone,
b: the foreshore of the coast of New Zealand;— and includes any water at any material time upon or vertically above it Board section 6L Conservation Authority section 6A conservation management plan section 8 conservation management strategy section 17F Department Director-General firearm section 2 to shoot infringement fee infringement offence
a: an offence against section 21
b: an offence against regulations made under this Act that is declared by regulations to be an infringement offence marine life Wildlife Act 1953 marine reserve reserve section 4 mining interest
a: a coal mining right within the meaning of the Coal Mines Act 1979
b: a mining licence or prospecting licence within the meaning of the Petroleum Act 1937:
c: any authority to prospect or mine for ironsands granted by the Minister of Mines pursuant to section 3 of the Iron and Steel Industry Act 1959, and any authority to enter on land given by him pursuant to section 6 of that Act, and any right to prospect or mine for ironsands which by virtue of section 5 of that Act may continue to be exercised as if the said section 3 had not been passed:
d: while the Mining Act 1926 continues in force, a mining privilege within the meaning of that Act:
e: after the commencement of the Mining Act 1971, a mining privilege within the meaning of that Act:
f: any licence issued under section 5
g: any right to prospect or mine for minerals conferred by any other enactment or by any instrument Minister ranger sell
a: barter and any form of exchange for consideration:
b: offering or attempting to sell:
c: receiving for sale or having in possession for sale:
d: exposing for sale:
e: sending or delivering for sale:
f: causing or allowing to be sold, offered for sale, or exposed for sale;— and sale sold taking to take use Section 2 area amended 1 October 1977 section 33(1) Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 Section 2 area amended 1 August 1996 Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Amendment Act 1996 Section 2 area amended 1 October 1977 section 33(1) Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 Section 2 Board inserted 10 April 1990 section 49 Conservation Law Reform Act 1990 Section 2 Conservation Authority inserted 10 April 1990 section 49 Conservation Law Reform Act 1990 Section 2 conservation management plan inserted 10 April 1990 section 49 Conservation Law Reform Act 1990 Section 2 conservation management strategy inserted 10 April 1990 section 49 Conservation Law Reform Act 1990 Section 2 Department replaced 1 April 1987 section 65(1) Conservation Act 1987 Section 2 Director-General replaced 1 April 1987 section 65(1) Conservation Act 1987 Section 2 firearm replaced 1 October 1996 section 316(1) Fisheries Act 1996 Section 2 hunt or kill repealed 1 October 1996 section 316(1) Fisheries Act 1996 Section 2 infringement fee inserted 21 December 2018 section 21 Conservation (Infringement System) Act 2018 Section 2 infringement offence inserted 21 December 2018 section 21 Conservation (Infringement System) Act 2018 Section 2 mining interest amended 1 April 1980 Coal Mines Act 1979 Section 2 Minister replaced 1 April 1987 section 65(1) Conservation Act 1987 Section 2 Secretary for Marine repealed 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 2 sell inserted 1 October 1996 section 316(1) Fisheries Act 1996
3: Marine reserves to be maintained in natural state, and public to have right of entry
1: It is hereby declared that the provisions of this Act shall have effect for the purpose of preserving, as marine reserves for the scientific study of marine life, areas of New Zealand that contain underwater scenery, natural features, or marine life, of such distinctive quality, or so typical, or beautiful, or unique, that their continued preservation is in the national interest.
2: It is hereby further declared that, having regard to the general purpose specified in subsection (1), marine reserves shall be so administered and maintained under the provisions of this Act that—
a: they shall be preserved as far as possible in their natural state:
b: the marine life of the reserves shall as far as possible be protected and preserved:
c: the value of the marine reserves as the natural habitat of marine life shall as far as possible be maintained:
d: subject to the provisions of this Act and to the imposition of such conditions and restrictions as may be necessary for the preservation of the marine life or for the welfare in general of the reserves, the public shall have freedom of access and entry to the reserves, so that they may enjoy in full measure the opportunity to study, observe, and record marine life in its natural habitat.
3: For the purposes of this section but subject to any authorisation given under section 11(b)
a: persons (not being persons holding a permit issued under Part 4 Gazette
b: in accordance with such conditions as to time, place, species of fish, methods, and gear to be used in fishing, as may be specified in the notice; and
c: where not inconsistent with any conditions imposed under paragraph (b), in compliance with restrictions imposed on fishing by the Fisheries Act 1983
4: Nothing in this section shall apply to prohibit any person from fishing in the reserve in accordance with any conditions imposed by any Order in Council made under section 5 Section 3(3) replaced 10 April 1990 section 50 Conservation Law Reform Act 1990 Section 3(4) inserted 13 January 1981 Marine Reserves Amendment Act 1980
4: Governor-General may declare an area to be a marine reserve
1: Subject to section 5
2: No area within the jurisdiction of any harbour board shall be declared a marine reserve without the consent of the harbour board.
3: Notwithstanding anything in the Public Works Act 1981 Minister
4: Subject to subsection (5), and to section 25 the Coal Mines Act 1979 Continental Shelf Act 1964
5: The right to do anything in a marine reserve by virtue of a mining interest (whether in force at, or after, the commencement of this Act) may, notwithstanding anything in the interest or in any of the Acts mentioned in subsection (4), be made subject to this Act or to any provision of it by the Minister of Mines, with the concurrence of the Minister
6: If the right to do anything in a marine reserve by virtue of a mining interest is made subject to this Act or to any provision of this Act, it may continue to be exercised in the marine reserve only to the extent that it can be exercised in accordance with this Act or with the provision, as the case may be; and if it cannot be exercised in accordance with this Act or with the particular provision of this Act, it shall not be exercised at all.
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 4(3) amended 1 July 1987 State-Owned Enterprises Amendment Act 1987 Section 4(3) amended 1 February 1982 section 248(1) Public Works Act 1981 Section 4(3) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 4(4) amended 10 April 1990 section 51 Conservation Law Reform Act 1990 Section 4(4) amended 1 April 1980 Coal Mines Act 1979 Section 4(5) amended 1 July 1987 State-Owned Enterprises Amendment Act 1987 Section 4(5) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 4(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5: Procedure for declaring a marine reserve
1: No Order in Council shall be made under section 4
a: application for the Order in Council is made to the Director-General by 1 or more of the following:
i: any university within the meaning of the Universities Act 1961:
ii: any body appointed to administer land subject to the Reserves Act 1977
iii: any body corporate or other organisation engaged in or having as one of its objects the scientific study of marine life or natural history:
iv: Maori iwi or hapu who have tangata whenua status over the area:
v: the Director-General:
b: notice of intention to apply for an Order in Council declaring the area a marine reserve has, after consultation with the Director-General
c: every notice published pursuant to paragraph (b)—
i: states the date of first publication of that notice:
ii: states the place where the plan referred to in subsection (2) may be inspected:
iii: gives a general description of the area proposed to be declared a marine reserve:
iiia: states the proposed name of the proposed marine reserve:
iv: gives an address for service:
v: calls upon all persons wishing to object to the making of the order to send their objections in writing, specifying the grounds thereof, to the Director-General
d: notice in writing of the proposed marine reserve is given by the applicant to—
i: all persons owning any estate or interest in land in or adjoining the proposed reserve. For the purposes of this subparagraph, land shall be deemed to adjoin a proposed marine reserve notwithstanding that it is separated from it by the foreshore or by any road, or that is at a distance of not more than 100 metres or any marginal strip within the meaning of the Conservation Act 1987
ii: any harbour board if the area or any part of the area proposed as a marine reserve is within the jurisdiction of that harbour board:
iii: any local authority or public body in which the foreshore or the control of the foreshore is vested if that foreshore or any part of it is within the area proposed as a marine reserve:
iv: the Secretary for Transport:
v: the Director-General of Agriculture and Fisheries.
2: The Director-General Department
3: All persons wishing to object to the making of the order shall, within 2 months from the date of first publication of the notice published pursuant to paragraph (b) of subsection (1), send their objections in writing, specifying the grounds thereof, to the Director-General
4: The applicant may, on receiving any copy of objections under subsection (3), answer those objections in writing to the Director-General Director-General
5: The Director-General
6: Where any objection has been made in accordance with subsection (3), the Minister shall, before considering the application, decide whether or not the objection should be upheld and, in doing so, shall take into consideration any answer made to the objection by the applicant and, if the applicant is the Director-General, any report on the objection and the application the Minister may have obtained from an independent source
a: interfere unduly with any estate or interest in land in or adjoining the proposed reserve:
b: interfere unduly with any existing right of navigation:
c: interfere unduly with commercial fishing:
d: interfere unduly with or adversely affect any existing usage of the area for recreational purposes:
e: otherwise be contrary to the public interest.
7: The decision of the Minister shall be final.
7A: Before the decision of the Minister becomes final under subsection (7), the proposal must, to the extent that it relates to the proposed name of the proposed marine reserve, be referred to the New Zealand Geographic Board under section 27(2) 30
8: The Director-General
9: If, after consideration of all objections, the Minister is of the opinion that no objection should be upheld and that to declare the area a marine reserve will be in the best interests of scientific study and will be for the benefit of the public, and it is expedient that the area should be declared a marine reserve, either unconditionally or subject to any conditions (including any condition as to providing the cost of marking the boundaries of the marine reserve under section 22 Part 4
10: If notice is required by this section to be given to any person, it shall be deemed to be given to all the owners of any Maori land within the meaning of the Maori Affairs Act 1953, when it is given to such owners as have been nominated for the purpose by the Registrar of the Maori Land Court at the request of the person required to give the notice. On receiving any such request the Registrar shall nominate all owners whose current addresses are known to him.
11: For the purposes of this section the expression estate or interest in land
12: This section shall bind the Crown. Section 5(1)(a) replaced 1 October 1996 section 316(1) Fisheries Act 1996 Section 5(1)(b) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 5(1)(c)(iiia) inserted 1 November 2008 section 38 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Section 5(1)(c)(v) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 5(1)(d)(i) amended 1 April 1987 Conservation Act 1987 Section 5(1)(d)(i) amended 9 October 1975 Marine Reserves Amendment Act 1975 Section 5(1)(d)(iv) inserted 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 5(1)(d)(v) inserted 1 April 1987 section 65(1) Conservation Act 1987 Section 5(2) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 5(3) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 5(4) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 5(5) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 5(6) amended 14 February 1978 Marine Reserves Amendment Act 1977 Section 5(7A) inserted 1 November 2008 section 38 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Section 5(8) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 5(9) replaced 10 April 1990 section 52 Conservation Law Reform Act 1990 Section 5(12) inserted 14 February 1978 Marine Reserves Amendment Act 1977
6: General policy
1: The Minister may approve statements of general policy for the implementation of this Act in any area or areas; and may from time to time amend any such statement in the light of changing circumstances or increased knowledge.
2: Nothing in any such general policy shall derogate from any provision in this Act or any other Act.
3: For the purposes of this section, sections 17B(3) 17B(4) 17N
a: in addition to the consultation required by section 17B(3)(a)
b: as soon as practicable after a draft policy is prepared under section 17B(3)
c: before sending a draft policy to the Conservation Authority, the Director-General shall consider any comments made by the persons referred to in paragraph (a). Section 6 replaced 10 April 1990 section 53 Conservation Law Reform Act 1990
7: Conservation management strategies
1: Every conservation management strategy shall establish objectives for the integrated management of marine reserves under this Act.
2: For the purposes of this section, the following provisions shall apply in addition to those in section 17F
a: the Director-General shall consult the Director-General of Agriculture and Fisheries before notifying a draft strategy under section 17F(a)
b: as soon as practicable after the draft strategy has been prepared, the Director-General shall send a copy of the draft strategy to the Director-General of Agriculture and Fisheries, the Secretary for Transport, and all regional councils within the meaning of the Local Government Act 2002
c: before sending the draft strategy to the Conservation Boards affected, the Director-General shall consider any comments made by the Director-General of Agriculture and Fisheries, the Secretary for Transport, and such regional councils. Section 7 replaced 10 April 1990 section 53 Conservation Law Reform Act 1990 Section 7(2)(b) amended 1 July 2003 section 262 Local Government Act 2002
8: Conservation management plans
1: The purpose of a conservation management plan under this section is to establish objectives for the management of a marine reserve or reserves.
2: For the purposes of this section, sections 17E 17G 17N
a: in addition to the consultation required by section 17F(a) section 17G(1) all regional councils within the meaning of the Local Government Act 2002
b: in addition to the notification required by section 17F(a) regional councils that are affected
c: before sending the draft plan to the Boards affected, the Director-General shall consider any comments made by the Director-General of Agriculture and Fisheries, the Secretary for Transport, and all such regional councils that are affected Section 8 replaced 10 April 1990 section 53 Conservation Law Reform Act 1990 Section 8(2)(a) amended 1 July 2003 section 262 Local Government Act 2002 Section 8(2)(b) amended 1 July 2003 section 262 Local Government Act 2002 Section 8(2)(c) amended 1 July 2003 section 262 Local Government Act 2002
9: Control and management of reserves
Subject to this Act, the Director-General shall administer, manage, and control marine reserves in accordance with approved general policies, conservation management strategies, and conservation management plans. Section 9 replaced 10 April 1990 section 53 Conservation Law Reform Act 1990
10: Particular functions of Director-General in relation to marine reserves
The Director-General shall—
a: inquire into and report to the Minister on any matter arising out of or relating to marine reserves or marine life within or outside reserves that the Minister may refer to the Director-General for a report:
b: advise the Minister on matters relating to the administration, management, control, protection, and regulation of marine reserves and to make recommendations on those matters as the Director-General thinks fit. Section 10 replaced 10 April 1990 section 53 Conservation Law Reform Act 1990
11: Particular powers of Director-General in relation to marine reserves
Without limiting the generality of section 9
a: manage reserves in the interests of the conservation, propagation, and preservation of species, and ensure the protection and well-being of marine life of reserves:
b: authorise the taking for scientific purposes of any specimens of marine life or material in any reserve, and prescribe the conditions of such taking and retention or disposal of those specimens or for their return to any reserve:
c: take such steps as may be necessary to ensure the continued welfare of any reserve in the interests of scientific study of marine life and for the enjoyment of the reserve by the public. Section 11 replaced 10 April 1990 section 53 Conservation Law Reform Act 1990
12: Conservation objectives to be considered by Director-General
In the exercise of any of the powers conferred on the Director-General by this Act, the Director-General shall have regard to the desirability of preserving the natural features and marine life of reserves, and, in particular, shall ensure that—
a: reserves are maintained so far as possible in a state of nature; and
b: reserves are available for the purposes of scientific research. Section 12 replaced 10 April 1990 section 53 Conservation Law Reform Act 1990
13: Conservation function of New Zealand Conservation Authority
The New Zealand Conservation Authority shall bring to the attention of the Director-General such matters concerning the welfare of marine reserves as it considers necessary to promote the continued welfare of marine reserves. Section 13 replaced 10 April 1990 section 53 Conservation Law Reform Act 1990
14: Procedure for making bylaws
Section 14 repealed 10 April 1990 section 53 Conservation Law Reform Act 1990
15: Proof of bylaws
Section 15 repealed 10 April 1990 section 53 Conservation Law Reform Act 1990
16: Penalty for breach of bylaws
Section 16 repealed 10 April 1990 section 53 Conservation Law Reform Act 1990
17: Rangers
1: The Director-General
2: Every ranger appointed under this section shall be appointed for such term not exceeding 3 years as the Director-General
3: The Director-General
4: Any ranger may at any time be removed from office by the Director-General Director-General
5: Any ranger shall, on the expiration of the term of his appointment, or on the sooner expiry of his appointment by removal from office or resignation, surrender to the Director-General
6: No person appointed by the Director-General the Government Superannuation Fund Act 1956
7: Every constable section 76 section 59 Section 17(1) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 17(2) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 17(3) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 17(4) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 17(5) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 17(6) amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976 Section 17(6) amended 1 September 1972 Ministry of Agriculture and Fisheries Amendment Act 1972 Section 17(7) replaced 10 April 1990 section 54 Conservation Law Reform Act 1990 Section 17(7) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
18: General powers of rangers
1: Every ranger may, in the exercise of his or her duty and upon production of his or her warrant of appointment (if so required),—
a: require any person whom he or she reasonably believes to have committed or to be committing or about to commit an offence against this Act or any regulations made under this Act to refrain or desist from that act:
b: require any person whom he or she reasonably believes to have committed or to be committing or about to commit an offence against this Act or any regulations made under this Act to give the person’s full name, residential address, and date of birth
c: pursue and apprehend, without warrant, any person whom he or she reasonably believes to have committed or to be committing an offence against this Act or any regulations made under this Act:
d: stop any vessel, vehicle, or other conveyance, or any aircraft while on the ground or on the water, or any other device for carriage or transportation, or stop in transit any parcel, package, case, bag, luggage, or other container that is or that he or she reasonably believes to be in the possession of the owner or of any other person (including any carrier or forwarding agent, whether by land, sea, or air), if he or she reasonably believes that any breach of this Act or of any regulation made under this Act has been committed by the owner or by the person in possession thereof or by any other person, and, in the presence of the owner or other person or of any servant of any of them, enter and search any such vessel, vehicle, other conveyance, aircraft, or other device, and in such presence open and search any such parcel, package, case, bag, luggage, or other container.
2: The powers of a ranger under this Act shall be exercisable within any marine reserve; and if a ranger is in fresh pursuit of an offender the ranger may, without warrant, apprehend the offender outside a marine reserve and may exercise any power conferred on a ranger by this Act.
3: The provisions of Part 4 subpart 3 Section 18 replaced 1 October 1996 section 316(1) Fisheries Act 1996 Section 18(1)(b) amended 21 December 2018 section 22 Conservation (Infringement System) Act 2018 Section 18(3) inserted 1 October 2012 section 276(2) Search and Surveillance Act 2012
18A: Powers of seizure
1: A ranger may seize—
a: any vessel or vehicle or other conveyance which he or she believes on reasonable grounds is being or has been used or is intended to be used in the commission of an offence against subsection (1) or subsection (3)(d) of section 18I
b: any fishing gear, implement, appliance, material, container, goods, equipment, or thing which he or she believes on reasonable grounds is being or has been used or is intended to be used in the commission of an offence against this Act or any regulations made under this Act:
c: any marine life which he or she believes on reasonable grounds are being or have been taken, transported, bought, sold, or found in the possession of any person, in contravention of this Act or any regulations made under this Act; or any other marine life with which such marine life has been intermixed:
d: 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 or any regulations made under this Act:
e: all nets, traps, firearms, ammunition, explosives, engines, instruments, appliances, equipment, or devices that he or she believes on reasonable grounds are being used or are intended to be used or have been used in breach of this Act or any regulations made under this Act:
f: any bag, container, or other article that he or she believes on reasonable grounds is being used for the purpose of carrying any marine life or any part of any marine life, or any sand, stones, gravel, or other material illegally taken or had in possession or that he or she believes on reasonable grounds is being so used.
2: Any marine life seized by a ranger shall, if alive and likely to survive, be returned to the reserve, or, if survival is unlikely, shall be disposed of—
a: in such manner and for such price as the Director-General may determine in any specific instance; or
b: according to any regulations made under this Act, if disposal is provided for by such regulations.
3: Subject to subsection (2), the provisions of Part 4 subpart 3
4: A ranger who, acting under subsection (2), at the time of seizure returns to the reserve any marine life that he or she believes to be alive, shall not be under any civil or criminal liability to the person from whom the marine life was seized in the event of a decision being made not to file a charging document Section 18A inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 18A(3) replaced 1 October 2012 section 276(3) Search and Surveillance Act 2012 Section 18A(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
18B: Director-General may release seized property under bond
Section 18B repealed 1 October 2012 section 276(4) Search and Surveillance Act 2012
18C: Seized property to be held by Crown if not released
Section 18C repealed 1 October 2012 section 276(4) Search and Surveillance Act 2012
18D: Crown to release seized property in certain circumstances
Section 18D repealed 1 October 2012 section 276(4) Search and Surveillance Act 2012
18E: Seized property forfeited to Crown if ownership not established
Section 18E repealed 1 October 2012 section 276(4) Search and Surveillance Act 2012
18F: Protection of Crown
Section 18F repealed 1 October 2012 section 276(4) Search and Surveillance Act 2012
18G: Forfeiture of property on conviction
1: On conviction of any person for any offence against section 18I(1)
a: any property used in respect of the commission of the offence, including any vessel or vehicle or other conveyance (whether or not the property was seized under section 18A
b: any marine life in respect of which the offence was committed (whether or not seized under section 18A
c: any proceeds from the sale of such marine life under section 18A(2) may, on the order of the court, be forfeit to the Crown if the court thinks fit to so order.
2: On conviction of any person for any offence against section 18I
a: any property used in respect of the commission of the offence other than any vessel or vehicle or other conveyance (whether or not the property was seized under section 18A
b: any marine life in respect of which the offence was committed (whether or not seized under section 18A
c: any proceeds from the sale of such marine life under section 18A(2) may, on the order of the court, be forfeit to the Crown if the court thinks fit to so order.
3: No person may be discharged without conviction in respect of any offence against section 18I
4: If any property is forfeit to the Crown under this section, the property shall thereupon vest in the Crown absolutely and free of all encumbrances.
5: Section 18G inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 18G(1) amended 30 June 2002 section 186 Sentencing Act 2002 Section 18G(2) amended 30 June 2002 section 186 Sentencing Act 2002 Section 18G(3) replaced 30 June 2002 section 186 Sentencing Act 2002 Section 18G(5) repealed 21 December 2018 section 23 Conservation (Infringement System) Act 2018
18GA: Forfeiture of property for infringement offence
1: Any marine life in respect of which an infringement offence is committed (whether or not seized under section 18A
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 person alleged to have committed the offence enter into an arrangement under section 21(3A)
d: the person is found guilty, or admits the commission, of the infringement offence.
2: In addition, the court may order that any property used in respect of the commission of the infringement offence (whether or not seized under section 18A
a: proceedings in respect of the infringement offence are commenced by the filing of a charging document under the Criminal Procedure Act 2011
b: the person is found guilty, or admits the commission, of the infringement offence.
3: Property that is forfeited to the Crown under this section vests in the Crown absolutely and free of all encumbrances. Section 18GA inserted 21 December 2018 section 24 Conservation (Infringement System) Act 2018
18GB: Disposal of seized property
1: Before disposing of any property seized under this Act, the Director-General must give the owner of the property notice of the Crown’s intention to dispose of the property.
2: If the owner has not lodged an appeal against the disposal by 90 days after the date on which the notice is given, the Director-General may dispose of the property.
3: However, if the property is perishable,—
a: the Director-General may dispose of the property at any time after giving notice; but
b: the Director-General must hold the proceeds (if any) of the disposal until the later of—
i: 90 days after the date on which the notice is given; and
ii: the date on which an appeal against the disposal, lodged within 90 days after the date on which the notice is given, is resolved. Section 18GB inserted 21 December 2018 section 24 Conservation (Infringement System) Act 2018
18H: Provisions relating to forfeit property
1: In this section, unless the context otherwise requires,— forfeit property
a: marine life and any proceeds from the sale of marine life; or
b: property— forfeit to the Crown under section 18G or 18GA interest
2: The Director-General shall, within 10 working days after the date of any forfeiture under section 18G 18GA
3: Any person claiming an interest in any forfeit property may, within 35 working days after the date of the forfeiture, apply to the District Court
4: Every application under subsection (2) 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, 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: 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:
b: determine the nature, extent, and, if possible, the value of any applicant's interest in the property:
c: determine the cost to the Department of the prosecution of the offence or pursuance of the infringement offence any court proceedings
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 marine reserve; and
c: the effect of the offence from which the forfeiture arose on persons who use the marine reserve; and
d: the effect of offending of the type from which the forfeiture arose on the marine reserve; and
e: the effect of offending of the type from which the forfeiture arose on persons who use the marine reserve; and
f: the social and economic effects on the person who owned the property, and on persons employed by that person, of non-release of the property or quota; and
g: the previous offending history (if any) of the persons from whose convictions the forfeiture arose; and
h: the economic benefits that accrued or might have accrued to the owners of the property through the commission of the offence; and
i: the prevalence of offending of the type from which the forfeiture arose; and
j: the cost to the Department of the prosecution of the offence which resulted in the forfeiture, and the seizure, holding, and anticipated cost of disposal of the property, including the court proceedings in respect of that seizure, holding, and disposal; and
k: such other matters as the court thinks relevant,— and, subject to subsections (8) and (9), make an order or orders providing relief (either in whole or 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 it is necessary to avoid manifest injustice.
9: If the owner of the forfeit property was the person who committed the offence
10: Subsection (9) does not prevent the return of up to 100% of the value of any forfeit property to any owner of property other than the person who committed the offence
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.
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 Director-General and any employee or agent of the Ministry is entitled to appear before the court and be heard.
14: Any forfeiture under section 18G or 18GA Section 18H inserted 1 October 1996 section 316(1) Fisheries Act 1996 Section 18H(1) forfeit property amended 21 December 2018 section 25(1) Conservation (Infringement System) Act 2018 Section 18H(2) amended 21 December 2018 section 25(2) Conservation (Infringement System) Act 2018 Section 18H(3) amended 1 March 2017 section 261 District Court Act 2016 Section 18H(6)(c) amended 21 December 2018 section 25(3)(a) Conservation (Infringement System) Act 2018 Section 18H(6)(c) amended 21 December 2018 section 25(3)(b) Conservation (Infringement System) Act 2018 Section 18H(9) amended 21 December 2018 section 25(4) Conservation (Infringement System) Act 2018 Section 18H(10) amended 21 December 2018 section 25(5) Conservation (Infringement System) Act 2018 Section 18H(14) amended 21 December 2018 section 25(6) Conservation (Infringement System) Act 2018
18I: Offences
1: Every person commits an offence against this Act and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $250,000, or to both, who, without lawful authority or reasonable excuse, takes or removes from a marine reserve for commercial purposes any marine life.
2: Every person commits an offence against this Act and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $50,000, or to both, who, without lawful authority or reasonable excuse, discharges or causes to be discharged or deposits, whether directly or indirectly, in or into a marine reserve any toxic substance or pollutant or other substance or article of any kind injurious to marine life.
3: Every person commits an offence against this Act and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000, or to both, who, without lawful authority or reasonable excuse,—
a: introduces in or into a marine reserve any living organism; or
b: wilfully damages or wilfully injures any marine life, or wilfully damages the foreshore or seabed, or any of the natural features in a marine reserve; or
c: uses in a marine reserve any explosive; or
d: takes or removes from a marine reserve any marine life, mineral, sand, shingle, or other natural material or thing of any kind.
4: Every person commits an offence against this Act and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000, or to both, who, without lawful authority or reasonable excuse,—
a: discharges any firearm in or into a marine reserve; or
b: erects any structure in or over a marine reserve; or
c: wilfully interferes with or wilfully disturbs in a marine reserve any marine life, foreshore or seabed, or any of the natural features.
5: Every person commits an offence against this Act and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,500, or to both, who, without lawful authority or reasonable excuse,—
a: deposits or throws in or into a marine reserve any rubbish, except in a place or receptacle approved and provided by the Director-General; or
b: uses, sells, or otherwise disposes of, or is in possession of, any marine life, mineral, gravel, sand, or other substance or thing whatever knowing the same to have been removed unlawfully from a reserve; or
c: fails to comply with any requirement of a ranger under section 18(1)
d: after being required under section 18(1)(b)
i: gives an untrue or fictitious name or address, or gives such a general description of his or her place of abode as is illusory for the purposes of discovery; or
ii: gives false evidence of his or her full name and address; or
e: impersonates or falsely pretends to be a ranger; or
f: obstructs, threatens, or attempts to intimidate a ranger, or uses language that is abusive or threatening to a ranger, or behaves in a manner threatening to a ranger, while the ranger is acting in the exercise of his or her powers or the discharge of his or her duties under this Act; or
g: gives, or agrees to give, or offers to any such ranger any gift or consideration as an inducement or reward for any act done or to be done, or any forbearance observed or to be observed, or any favour shown or to be shown, by that ranger, or being a ranger accepts or agrees to accept or solicits any such gift or consideration.
6: A person shall be deemed to have taken or removed marine life for commercial purposes if he or she is found in possession of an amount exceeding 3 times the amateur individual limit (if any) prescribed in respect of that marine life in regulations made under the Fisheries Act 1996 Section 18I inserted 1 October 1996 section 316(1) Fisheries Act 1996
18J: Additional penalty for removing substance from or damaging reserve
1: Any person convicted of an offence against section 18I
2: The value or damage or cost shall be assessed by a District Court Judge, and shall be recoverable in the same manner as a fine. Section 18J inserted 1 October 1996 section 316(1) Fisheries Act 1996
19: Offences within a reserve
Section 19 repealed 1 October 1996 section 316(1) Fisheries Act 1996
20: Time for filing charging document
Despite anything to the contrary in section 25 Section 20 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
21: Penalties
Section 21 repealed 1 October 1996 section 316(1) Fisheries Act 1996
21: Infringement offences
1: A person must not—
a: discharge or cause to be discharged or deposit, directly or indirectly, in or into a marine reserve any toxic substance or pollutant or other substance or article of any kind injurious to marine life; or
b: introduce any living organism in or into a marine reserve; or
c: damage or injure any marine life, or damage the foreshore or seabed or any of the natural features in a marine reserve; or
d: fish for marine life in a marine reserve; or
e: erect any structure in or over a marine reserve; or
f: interfere with or disturb in a marine reserve any marine life, foreshore, or seabed or any of the natural features in a marine reserve; or
g: deposit or throw any rubbish in or into a marine reserve, except in a place or receptacle approved and provided by the Director-General; or
h: use, dispose of, or be in possession of any marine life, mineral, gravel, sand, or other substance or thing that has been removed unlawfully from a reserve.
2: A person who fails to comply with this section commits an infringement offence. Section 21 inserted 21 December 2018 section 26 Conservation (Infringement System) Act 2018
21A: Relationship between infringement offences and other offences
Nothing in section 21 section 21 Section 21A inserted 21 December 2018 section 26 Conservation (Infringement System) Act 2018
21B: Proceedings for infringement offences
1: A person who is alleged to have committed an infringement offence may either—
a: be proceeded against by filing a charging document under section 14
b: be served with an infringement notice under section 21D
2: If an infringement notice has been issued under section 21D section 21 Section 21B inserted 21 December 2018 section 26 Conservation (Infringement System) Act 2018
21C: Who may issue infringement notices
The Director-General may authorise a ranger, in writing, to issue infringement notices under this Act. Section 21C inserted 21 December 2018 section 26 Conservation (Infringement System) Act 2018
21D: Infringement notices
1: A ranger authorised under section 21C
2: The ranger may deliver the infringement notice (or a copy of it) in person to the person alleged to have committed an infringement offence or send the notice by post addressed to that person’s last known place of residence or business.
3: An infringement notice (or a copy of it) sent by post to a person under subsection (2) is to be treated as having been served on that person when it was posted.
4: An 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 to fairly 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. Section 21D inserted 21 December 2018 section 26 Conservation (Infringement System) Act 2018
21E: Reminder notices
A reminder notice must be in the prescribed form, and must include the same particulars, or substantially the same particulars, as the infringement notice. Section 21E inserted 21 December 2018 section 26 Conservation (Infringement System) Act 2018
21F: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. Section 21F inserted 21 December 2018 section 26 Conservation (Infringement System) Act 2018
21G: Penalties for infringement offences
A person who commits an infringement offence is liable on conviction to—
a: the infringement fee prescribed in regulations for that offence; or
b: a fine imposed by a court not exceeding the maximum fine prescribed in regulations for that offence. Section 21G inserted 21 December 2018 section 26 Conservation (Infringement System) Act 2018
22: Boundaries of marine reserves to be marked
1: Subject to subsection (2), the Director-General may cause to be marked and at all times to be kept marked, by means of such beacons, lights, buoys, or marks as the Director-General considers may be necessary, the boundaries of the marine reserve.
2: The Director-General shall act under this section only with the concurrence of the Secretary for Transport. Section 22 replaced 10 April 1990 section 58 Conservation Law Reform Act 1990
23: Rights of access and navigation
1: Subject to any regulations
2: Notwithstanding anything in this Act, or in any regulations Section 23(1) amended 10 April 1990 section 59(a) Conservation Law Reform Act 1990 Section 23(2) amended 10 April 1990 section 59(b) Conservation Law Reform Act 1990
24: Regulations
1: The Governor-General may from time to time, by Order in Council, make, either generally or with respect to any specified marine reserve, all such regulations as are necessary for the due administration of, and for giving full effect to, the provisions of this Act.
2: Without limiting the generality of subsection (1), any such regulations may—
a: provide for the management, safety, and preservation of reserves, the conduct and control of scientific study within reserves, and the safety and preservation of the marine life in reserves:
b: provide for the keeping of order in any reserve:
c: authorise the Director-General to exclude the public from any specified part or parts of any reserve:
d: prescribe the conditions on which persons shall have access to or be excluded from any reserve or part of any reserve:
e: prescribe the conditions on which persons may remain within any reserve:
f: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this section, and the amount of the fines that may be imposed on $2,500
g: prescribe infringement offences for the contravention of regulations made under this Act:
h: prescribe penalties for infringement offences, which,—
i: in the case of infringement fees, must not be more than $1,000; and
ii: in the case of maximum fines, must not be more than twice the amount of the infringement fee for the offence:
i: prescribe information to be included in infringement notices and reminder notices.
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 24(2) inserted 10 April 1990 section 60 Conservation Law Reform Act 1990 Section 24(2)(f) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 24(2)(f) amended 1 October 1996 section 316(1) Fisheries Act 1996 Section 24(2)(g) inserted 21 December 2018 section 27 Conservation (Infringement System) Act 2018 Section 24(2)(h) inserted 21 December 2018 section 27 Conservation (Infringement System) Act 2018 Section 24(2)(i) inserted 21 December 2018 section 27 Conservation (Infringement System) Act 2018 Section 24(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
25: Consequential amendment
Section 25 repealed 1 October 1975 Petroleum Amendment Act 1975 |
DLM405337 | 1971 | Reserves and Other Lands Disposal Act 1971 | 1: Short Title
This Act may be cited as the Reserves and Other Lands Disposal Act 1971.
2: Closing the Chaslands Cemetery, and declaring the land to be a scenic reserve forming part of the Tautuku Bay Scenic Reserve
Whereas the land first described in subsection (3) was, by Warrant dated 26 November 1898 and published in the Gazette And whereas certain persons were appointed to be the trustees of the cemetery, then known as the Heathfield Cemetery but now known as the Chaslands Cemetery, on 12 August 1899 under section 6 of the Cemeteries Act 1882, and the land thereupon vested in accordance with section 8 of that Act in those trustees: And whereas in consequence of those trustees ceasing to hold office, certain other persons were from time to time appointed to be the trustees of the cemetery under section 4 of the Cemeteries Act 1908, and the land was from time to time vested in accordance with section 11 of that Act in the persons who were for the time being those trustees: And whereas the last surviving trustee of the cemetery died in 1963 and no further trustees have since been appointed: And whereas no persons are willing to be appointed to be the trustees of the cemetery: And whereas the land was in February 1969 resurveyed and subdivided into the respective parcels of lands secondly, thirdly, and fourthly described in subsection (3) (the total area of those parcels being ascertained as the correct area of the land first described in that subsection): And whereas the lands secondly and thirdly described in subsection (3) had never been used and were not required for cemetery purposes: And whereas the Minister of Lands, by notice dated 17 June 1969 and published in the Gazette And whereas the Minister of Lands, by notice dated 17 June 1969 and published in the Gazette Land Act 1948 Board And whereas there have been no burials for many years in the land fourthly described in subsection (3), being the land now comprising the Chaslands Cemetery: And whereas it is desired to close the cemetery: And whereas by virtue of section 43 And whereas it is desired to set apart the land fourthly described in subsection (3) as a reserve for scenic purposes to be part of the Tautuku Bay Scenic Reserve administered by the Board: Be it therefore enacted as follows:
1: The cemetery on the land fourthly described in subsection (3) shall, as from the passing of this Act, be deemed to be closed in accordance with the Burial and Cremation Act 1964 sections 41 42
2: Notwithstanding section 43
3: The lands to which this section relates are particularly described as follows: First, all that area of land in the Otago Land District, containing 9 acres and 36 perches, more or less, being Section 4, Block X, Tautuku Survey District (SO Plan 235M). Secondly, all that area of land in the Otago Land District, containing 3 acres, 3 roods, and 32.2 perches, more or less, being Section 31 (formerly part of Section 4), Block X, Tautuku Survey District (SO Plan 16800). Thirdly, all that area of land in the Otago Land District, containing 2 acres, 3 roods, and 30 perches, more or less, being Section 29 (formerly part of Section 4), Block X, Tautuku Survey District (SO Plan 16800). Fourthly, all that area of land in the Otago Land District, containing 1 acre, 3 roods, and 30.8 perches, more or less, being section 30 (balance of section 4), Block X, Tautuku Survey District (SO Plan 16800).
3: Cancelling the reservation of portion of Arthur Pass National Park
Whereas by section 61 of the National Parks Act 1952 (in this section referred to as the principal Act Land Act 1948 And whereas it was intended that the reservation of certain other land comprising portion of that National Park be also cancelled and the land declared to be Crown land within the meaning of the Land Act 1948 And whereas it is desired that the reservation of such other land should be cancelled and the land declared to be Crown land as aforesaid: Be it therefore enacted as follows: Schedule 9 of the principal Act is hereby amended, as from the passing of that Act—
a: by omitting from the first paragraph of that schedule the expression 20.3 perches 38.3 perches
b: by omitting from the seventh paragraph of that schedule the words 1 acre 04.5 perches, more or less, being Town Sections 1A to 8A inclusive 1 acre 22.5 perches, more or less, being Town Sections 1A to 9A inclusive
4: Validating the cancellation of the vesting in the Queenstown Borough Council of parts of the Queenstown commonage, and the changing of the purposes of those parts
Whereas the Superintendent of the Province of Otago, by notice dated 5 January 1870 and published in the Otago Provincial Gazette And whereas that commonage is vested in the Mayor, Councillors, and Citizens of the Borough of Queenstown (in this section referred to as the Corporation Queenstown Commonage Reserve Management Act 1876 And whereas the lands first and secondly described in subsection (2) are parts of that commonage: And whereas the Minister of Lands, by notice dated 13 March 1959 and published in the Gazette And whereas the Minister of Lands, by notice dated 23 February 1965 and published in the Gazette And whereas the Minister of Lands has no power under the Reserves and Domains Act 1953 to cancel the vesting in the Corporation of either of the lands first and secondly described in subsection (2), or to change the purpose of either of those lands in the manner in which he so purported to do: And whereas it is desired that the Minister's actions be validated: Be it therefore enacted as follows:
1: Notwithstanding the Queenstown Commonage Reserve Management Act 1876
a: cancel the vesting in the Corporation of the land first and secondly described in subsection (2); and
b: change the purpose of the land first described from a reserve for the purposes of a common for the use of the inhabitants of the Town of Queenstown to a reserve for a site for a Girl Guides' camp; and
c: change the purpose of the land secondly described from a reserve for the purpose of a common for the use of the inhabitants of the Town of Queenstown to a reserve for a site for a Youth Hostel and holiday camp— and the cancellation of the vesting in the Corporation of those lands and the changes of the purposes of those lands by the Minister as aforesaid shall for all purposes without further authority than this section be valid and effective according to their tenor.
2: The lands to which this section relates are particularly described as follows: First, all that area in the Otago Land District, Borough of Queenstown, containing 2 acres and 9.22 perches, more or less, being Section 95 (formerly part Section 19), Block XX, Shotover Survey District; as more particularly shown on SO Plan 12530 lodged in the office of the Chief Surveyor at Dunedin, and thereon edged red, and being part of the land comprised and described in certificate of title, Volume 109, folio 294, Otago Land Registry. Secondly, all that area in the Otago Land District, Borough of Queenstown, containing 2 roods, more or less, being Section 97 (formerly part Section 19), Block XX, Shotover Survey District; as more particularly shown on SO Plan 13646 lodged in the office of the Chief Surveyor at Dunedin, and thereon edged red, and being part of the land comprised and described in certificate of title, Volume 109, folio 294, Otago Land Registry.
5: Applying section 31 of the Reserves and Domains Act 1953 in respect of the granting of licences to occupy boatsheds on public reserves in the Marlborough Sounds and Croisilles–French Pass area
Section 5 repealed 13 January 1983 section 7(12) Reserves and Other Lands Disposal Act 1982
6: Vesting in the Canterbury Provincial Buildings Board the balance of the land on which the Canterbury Provincial Council buildings are situated, and enabling the Board to make structural alterations to the buildings
Whereas by the Canterbury Provincial Buildings Vesting Act 1928 principal Act And whereas it is now desired to vest in the Board for an estate in fee simple certain other land adjacent thereto on which is situated the remaining portion of those buildings, to be held in trust for the same purposes as the land and portion of those buildings first mentioned, with effect from 1 January 1971: And whereas the Board has no power to make any structural alterations to those buildings: And whereas it is desired for the better use of those buildings to confer power on the Board to make such alterations with the consent of the Minister of Conservation Be it therefore enacted as follows:
1: This section shall be deemed to have come into force on 1 January 1971.
2: Section 7 section 2(1) First and Second Schedules First, Second, and Third Schedules
3: The said section 7 section 2(1) on the said land or , without the prior consent in writing of the Minister of Lands,
4: The principal Act is hereby further amended by adding the following Schedule:
“Third Schedule: “All that area of land in the Canterbury Land District, containing 2 roods and 35.5 perches, more or less, being part Reserve 11 and part Stopped Road situated in Block XI, Christchurch Survey District; part of which land is comprised and described in the balance of Deeds Index C. 611; as more particularly shown on SO Plan 11711, lodged in the office of the Chief Surveyor at Christchurch, and thereon edged red. Section 6 preamble amended 1 April 1987 section 65(1) Conservation Act 1987
7: Empowering the Auckland Harbour Board to give and lease certain lands to the Auckland Regional Authority
Whereas the lands first and secondly described in subsection (4) are vested in the Auckland Harbour Board (in this section referred to as the Board And whereas the year 1971 is the centennial of the constitution of the Board: And whereas the Board desires to mark the occasion by transferring those lands to the Auckland Regional Authority (in this section referred to as the Authority And whereas the Board has no power to so transfer those lands: And whereas the Board on 15 February 1971 agreed with the Authority to lease to the Authority the lands thirdly, fourthly, and fifthly described in subsection (4) for the purposes of a reserve for a term of 50 years at a peppercorn rental on certain terms and conditions: And whereas that agreement does not comply with the provisions of the Public Bodies Leases Act 1969 And whereas it is desired to validate the agreement made between the Board and the Authority and to empower the Board to grant on lease and the Authority to take on lease the lands thirdly, fourthly, and fifthly described in subsection (4) in accordance with that agreement: Be it therefore enacted as follows:
1: Notwithstanding any other enactment or rule of law, the Board may transfer to the Authority by way of gift the fee simple of the lands first and secondly described in subsection (4) for the purposes referred to in subsection (2) but otherwise freed and discharged from all trusts, reservations, and restrictions affecting those lands.
2: The lands first and secondly described in subsection (4) shall, on being transferred to the Authority, be additions to the Auckland Centennial Memorial Park for the purposes of subsection (4) of section 44
3: Notwithstanding section 8 section 9 section 17 section 18 section 19
4: The lands to which this section relates are particularly described as follows: First, all that area of land, containing 54 acres, 2 roods, and 10.2 perches, more or less, being part of Allotment 32 of the Karangahape Parish, situated in Block IX, Titirangi Survey District; being the balance of the land comprised and described in certificate of title, Volume 945, folio 235 (North Auckland Land Registry) (limited as to parcels and title). Secondly, all that piece of closed road, containing 3 perches, more or less, situated in Block IX, Titirangi Survey District, adjoining part Allotment 32, Karangahape Parish; as the same is more particularly delineated on SO Plan 46235 lodged in the office of the Chief Surveyor at Auckland, and thereon coloured green. Thirdly, all that area of land, containing 18 acres, 2 roods, and 9 perches, more or less, being Allotments 123 and 124, Karangahape Parish, situated in Block VI, Waitakere Survey District; being all of the land comprised and described in certificate of title, Volume 320, folio 26 (North Auckland Land Registry) (SO Plan 20503). Fourthly, all that area of land, containing 1 acre, 3 roods, and 17.8 perches, more or less, being Allotment 161, Karangahape Parish, situated in Block VI, Waitakere Survey Parish; being all of the land comprised and described in certificate of title, Volume 19A, folio 856 (North Auckland Land Registry) (SO Plan 20503). Fifthly, all that area of land, containing 950 acres, more or less, being parts of Allotment 34, Karangahape Parish, situated in Block VI, Waitakere Survey District; being all of the land comprised and described in certificate of title, Volume 945, folio 245 (North Auckland Land Registry) (limited as to parcels and title).
8: 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 land under the Forests Act 1949 And whereas it is desired that those lands 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 lands described in subsection (2) as permanent State forest land 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: First, all that area of land in the North Auckland Land District, containing 15 acres and 18 perches, more or less, being Section 8, Block XIV, Punakitere Survey District (SO Plan 13972). Secondly, all that area of land in the South Auckland Land District, containing 189 acres, 2 roods, and 20 perches, more or less, being part Section 2, Block XII, Hastings Survey District, and being all the land shown on SO Plan 45304 lodged in the office of the Chief Surveyor at Hamilton. Thirdly, all that area of land in the South Auckland Land District, containing 283 acres, 1 rood, and 24 perches, more or less, being part Section 7, Block XII, Tairua Survey District, part certificate of title, Volume 338, folio 131, and part Wharekawa East No 1 Block situated in Blocks VIII and XII, Tairua Survey District, and being all the land shown on SO Plan 45180 lodged in the office of the Chief Surveyor at Hamilton. Fourthly, all that area of land in the South Auckland Land District, containing 163 acres and 19 perches, more or less, being Section 4 and part Sections 3, 5, and 24, Block IX, Hurakia Survey District, and being all of the land shown on SO Plan 45443 lodged in the office of the Chief Surveyor at Hamilton. Fifthly, all that area of land in the South Auckland Land District, containing 33 acres and 17.6 perches, more or less, being parts Sections 1, 2, and 30, Block III, Rotoma Survey District, and part Section 3, Block XI, Waihi South Survey District, and being all the land shown on SO Plan 45565 lodged in the office of the Chief Surveyor at Hamilton. Sixthly, all that area of land in the Wellington Land District, containing 1 rood, more or less, being Section 1, Block II, Town of Waimarino, situated in Block XVI, Kaitieke Survey District, and being all of the land comprised and described in certificate of title, Volume 529, folio 68, Wellington Land Registry (SO Plan 16164). Seventhly, all those various parcels of land in the Nelson Land District, being part Section 15, Block I, Gordon Survey District, containing 2 acres and 20 perches, more or less, being part of the land comprised and described in certificate of title, Volume 98, folio 14. As shown washed blue on SO Plan 10738L. Part Section 2, Block I, Gordon Survey District, containing 2 acres and 33 perches, more or less. As shown washed blue on SO Plan 10738L. Part Section 50, District of Upper Motueka, situated in Block I, Gordon Survey District, containing 39 acres and 26 perches, more or less, being part of the land comprised and described in certificate of title, Volume 98, folio 14. As shown bordered red on SO Plan 10660. Part Section 51, District of Upper Motueka (part DP 2600), situated in Block I, Gordon Survey District, containing 3 acres and 10 perches, more or less, being part of the land comprised and described in certificate of title, Volume 79, folio 190. As shown washed sepia on SO Plan 10647L. Part Section 51, District of Upper Motueka (part DP 2600), situated in Block I, Gordon Survey District, containing 2 roods and 28 perches, more or less, being part of the land comprised and described in certificate of title, Volume 79, folio 190. As shown washed orange on SO Plan 10647L. Part Lots 2 and 4, DP 1232, being part Section 51, District of Upper Motueka, and part Section 17, Block I, Gordon Survey District, containing 3 roods and 12.6 perches, more or less, being part of the land comprised and described in certificate of title, Volume 49, folio 181. As shown washed sepia on SO Plan 10647L. Part State forest, being part Closed Road, Block I, Gordon Survey District, containing 16 perches, more or less. As shown washed orange on SO Plan 10647L. Eighthly, all that area of land in the Nelson Land District, containing 285 acres and 33 perches, more or less, being Section 37, Block II, Kongahu Survey District (SO Plan 6250L). Ninthly, all that area of land in the Nelson Land District, containing 116 acres, 2 roods, and 34 perches, more or less, being part Sections 8, 9, 10, and 11, Block VII, Tadmor Survey District (SO Plan 11001). Tenthly, all those areas of land in the Westland Land District, containing 363 acres, more or less, being parts Reserve 1594 situated in Blocks IX and X, Mawheraiti Survey District, and being all of the land shown on SO Plan 5848 lodged in the office of the Chief Surveyor at Hokitika. Eleventhly, all that area of land in the Westland Land District, containing 230 acres, more or less, being part Reserve 1576 situated in Blocks XI and XV, Te Kinga Survey District, and being all the land shown on SO Plan 5850 lodged in the office of the Chief Surveyor at Hokitika. Twelfthly, all that area of land in the Canterbury Land District, containing 1 acre, 1 rood, and 25.8 perches, more or less, being Lot 8, Deposited Plan 23526, being part Reserve 3315 situated in Block VIII, Hutt Survey District. Lot 11, Deposited Plan 23526, being part Rural Section 32444 situated in Block VIII, Hutt Survey District. Being part of the land comprised and described in certificate of title, Volume 172, folio 291. Lot 14, Deposited Plan 23526, being part Reserve 3315 situated in Blocks VIII and IX, Hutt Survey District. Lot 16, Deposited Plan 23526, being part Reserve 3315 situated in Block IX, Hutt Survey District. Lot 18, Deposited Plan 23526, being part Reserve 4760 situated in Block IX, Hutt Survey District. Thirteenthly, all that area of land in the Canterbury Land District, containing 46 acres, 2 roods, and 10 perches, more or less, being parts Reserve 3347 situated in Block V, Waimate Survey District (SO Plan 11648). Fourteenthly, all that area of land in the Southland Land District, containing 1 811 acres, more or less, being all that land situated in Blocks XXXI, XXXV, and XXXVI, Takitimu Survey District, and being all of the land shown on SO Plan 8150 lodged in the office of the Chief Surveyor at Invercargill.
9: Revoking the reservation for the purpose of a railway of certain land in the Lake Sumner area
Whereas, by Warrant dated 11 October 1877 and published in the Gazette And whereas that reservation purported to include part of Reserve 115, and also Rural Section No 6361, and also certain roads that had been laid off on maps of the Chief Surveyor before 11 October 1877 for the purposes of access to Rural Section No 6361: And whereas the reservation for the purpose of a railway did not include the other reserve or that rural section or those roads: And whereas the land described in subsection (2) has never been used and is no longer required for the purpose of a railway: And whereas, by a Proclamation dated 13 August 1898 and published in the Gazette And whereas there was no authority in that Act to do so: And whereas it is desirable that those parts of the land described in subsection (2) should have been set apart as and for State forests on the date on which they were purportedly set apart: Be it therefore enacted as follows:
1: The said reservation for the purpose of a railway of the land described in subsection (2) shall be deemed to have been revoked on 12 August 1898.
2: The land to which this section relates is particularly described as follows: All that tract of land 40 chains wide, commencing at the western end of Reserve No 868; thence following along the southern shore of Lake Sumner and the slopes of the hills on the south side of Hurunui Valley to the summit of the dividing range, a distance of about 22 miles; but excluding therefrom Reserve 2629.
10: Empowering the Dunedin Ocean Beach Domain Board to exchange land, and vesting certain Crown land in the Board
Section 10 repealed 18 December 1992 section 5 Ocean Beach Public Domain (Repeal and Vesting) Act 1992
11: Revoking a notice proclaiming a street in an unnamed domain in the Borough of Taupo to be closed
Whereas, by a notice dated 14 November 1966 and published in the Gazette And whereas it is now desired that the closed street should revert to its former status as a public street: Be it therefore enacted as follows:
1: The said notice dated 14 November 1966 is hereby revoked.
2: The District Land Registrar for the Land Registration District of South Auckland is hereby authorised to make such entries in the appropriate register books of that Land Registration District and to do all such other things as are necessary to give effect to this section. |
DLM399280 | 1971 | Franklin-Manukau Pests Destruction Act 1971 | 1: Short Title and commencement
1: This Act may be cited as the Franklin-Manukau Pests Destruction Act 1971.
2: Section 8
3: Except as provided in subsection (2)
2: Interpretation
In this Act, unless the context otherwise requires,— Board subsection (1) of section 23 of the Agricultural Pests Destruction Act 1967 ratepayer section 2(1) Ratepayer: amended, as from 1 April 1980 section 8(3) Local Government Amendment Act 1979 by substituting the words section 2(1) of the Local Government Act 1974 subsection (1) of section 2 of the Municipal Corporations Act 1954
3: Board to consist of 12 members
Notwithstanding subsection (1) of section 31 of the Agricultural Pests Destruction Act 1967
a: 8 shall, subject to subsections (2) and (3) of section 23 of that Act
b: 3 shall be appointed by the new Ministry subsection (1) of section 4 of this Act
c: 1 shall be the person appointed by the new Ministry subsection (1) of the said section 31 The words the Minister of Agriculture and Fisheries substituted 1 September 1972 the Minister of Agriculture Ministry of Agriculture and Fisheries Amendment Act 1972 responsible Ministry substituted 1 July 1995 Ministry of Agriculture and Fisheries Ministry of Agriculture and Fisheries (Restructuring) Act 1995 substituted new Ministry 1 March 1998 section 5(1)(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997
4: Appointment of Board members representing City of Manukau
1: Subject to subsection (2) the new Ministry section 5
2: No person shall be capable of being appointed to be a member of the Board under subsection (1)
a: he is not a ratepayer in respect of land situated in the City of Manukau; or
b: he is incapable, on any of the grounds set out in paragraphs (b), (c), (d), and (e) of subsection (1) of section 47 of the Agricultural Pests Destruction Act 1967
3: Notwithstanding subsection (1) of section 47 of the Agricultural Pests Destruction Act 1967 subsection (1) of this section paragraph (a) of subsection (1) of section 47 of that Act The words the Minister of Agriculture and Fisheries substituted 1 September 1972 the Minister of Agriculture Ministry of Agriculture and Fisheries Amendment Act 1972 responsible Ministry substituted 1 July 1995 Ministry of Agriculture and Fisheries section 6(1)(b) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 substituted new Ministry 1 March 1998 section 5(1)(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997
5: Nomination of members by Manukau City Council
1: The Manukau City Council shall—
a: within 3 months after the day on which the triennial elections of the Council are next held after 1 October 1974; and
b: thereafter within 3 months after every day on which the triennial elections of the Council are held— nominate 3 persons who are ratepayers in respect of land situated in the City of Manukau to be members of the Board under subsection (1) of section 4
2: The Manukau City Council shall—
a: if the new Ministry
b: if the office of a member of the Board becomes vacant under subsection (2) of section 6 nominate another person who is a ratepayer in respect of land situated in the City of Manukau to be a member of the Board under subsection (1) of section 4
3: The Manukau City Council shall notify the new Ministry subsection (1) or subsection (2) The words the Minister of Agriculture and Fisheries substituted 1 September 1972 the Minister of Agriculture Ministry of Agriculture and Fisheries Amendment Act 1972 responsible Ministry substituted 1 July 1995 Ministry of Agriculture and Fisheries section 6(1)(b) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 substituted new Ministry 1 March 1998 section 5(1)(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997
6: Tenure of office of members representing City of Manukau
1: Every member of the Board appointed under subsection (1) of section 4
2: Notwithstanding subsection (1)
a: if he ceases to be a ratepayer in respect of land situated in the City of Manukau; or
b: on the happening of any event by reason of which his office would have become vacant under subsection (1) of section 48 of the Agricultural Pests Destruction Act 1967 paragraph (d) of that subsection
7: Validation of appointments of present members
1: Notwithstanding subsection (1) of section 31 of the Agricultural Pests Destruction Act 1967 Kenwyn James Hosking; Richard Hoe; Patrick McCowat Cochrane; Harold Mayall; Harold Robinson; Stanley Ralph Drake; William Ewing Motion; and Robert James Scarlett— shall be deemed to have been validly appointed to be members of the Board on 1 April 1971 by the new Ministry subsection (2) of section 23 of that Act subsection (3) of section 23 of that Act
2: Notwithstanding subsection (1) of section 5
a: Edward Keith Davies;
b: David Edward Good; and
c: Colin William Mercer— shall be deemed to have been validly appointed to be members of the Board on 1 April 1971 by the Minister of Agriculture and Fisheries subsection (1) of section 4 section 6 The words the Minister of Agriculture and Fisheries substituted 1 September 1972 the Minister of Agriculture Ministry of Agriculture and Fisheries Amendment Act 1972 responsible Ministry substituted 1 July 1995 Ministry of Agriculture and Fisheries section 6(1)(b) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 substituted new Ministry 1 March 1998 section 5(1)(c) Ministries of Agriculture and Forestry (Restructuring) Act 1997
8: Collection of Board's revenue directly from Franklin County Council
1: The Board may from time to time, by agreement with the Franklin County Council, collect directly from the Council a sum equal to the amount that the Board may obtain by levying the whole or any part of a rate, other than a special rate, made by the Board under the Agricultural Pests Destruction Act 1967
2: The power conferred on the Board by subsection (1)
3: The Franklin County Council may from time to time pay from its Rates and Appropriations Account to the Board any sum that the Board may collect from the Council under subsection (1)
4: Every sum that the Board collects from the Franklin County Council under subsection (1) section 84 of the Agricultural Pests Destruction Act 1967 Subsection (3) substituted 1 April 1980 section 8(3) Local Government Amendment Act 1979 |
DLM405080 | 1971 | Layby Sales Act 1971 | 1: Short Title
This Act may be cited as the Layby Sales Act 1971, and shall be read together with and deemed part of the Sale of Goods Act 1908
2: Interpretation
In this Act, unless the context otherwise requires,— buyer cancel cancellation purchase price seller
3: Layby sale defined
1: For the purposes of this Act a layby sale is a contract of sale of goods at retail under terms, express or implied, which provide that—
a: the goods are not to be delivered to the buyer until the purchase price or a specified part or proportion thereof is paid, whether or not any charge is expressed to be payable for storage or delivery of the goods; and
b: the whole or part of the purchase price—
i: is to be paid by instalments (whether the number of instalments or the amount of all or any of them is fixed by the contract or left at the option of the buyer) payable over a fixed or ascertainable period; or
ii: is to be paid at the expiration of a fixed or ascertainable period with the option, express or implied, for the buyer to make payments in respect of the purchase price during that period; but a contract of sale of goods to be delivered by instalments, where the whole of the purchase price of each instalment is payable at the time that instalment is delivered, is not a layby sale.
2: Where, by virtue of 2 or more agreements, none of which by itself constitutes a layby sale, there is a transaction which is in substance or effect a layby sale, the agreements shall be treated for the purposes of this Act as a layby sale made at the time when the last of those agreements was made. Lay-by Sales Act 1943 s 2(1) (NSW)
4: Act not to apply to certain layby sales
This Act does not apply to any layby sale in which—
a: the purchase price exceeds $7,500
b: the goods sold or agreed to be sold are mainly or wholly vehicles that are motor vehicles for the purposes of the Motor Vehicle Sales Act 2003 Section 4(a) amended 15 November 2000 section 3 Layby Sales Amendment Act 2000 Section 4(b) amended 15 December 2003 section 145 Motor Vehicle Sales Act 2003
5: Act to bind the Crown
This Act shall bind the Crown.
6: Risk not to pass until goods delivered
Notwithstanding the provisions of section 22 provided that where delivery has been delayed through the fault of the buyer, the goods are at the risk of the buyer as regards any loss which might not have occurred but for such fault.
7: Buyer to be entitled to a statement of his present position
1: The seller shall, within 7 days after he has received a request in writing from the buyer and the buyer has tendered to the seller the sum of 25 cents for expenses, give to the buyer a statement in writing signed by the seller or his agent showing—
a: the purchase price; and
b: the total amount of the money paid and the value of any other consideration provided by the buyer in respect of the layby sale; and
c: the amount which the seller estimates to be the retail value of the goods at the time of the notice or of the cancellation of the layby sale, whichever is the sooner, indicating whether or not such value is the same as at the date of the sale; and
d: the amount which the seller estimates is sufficient to recoup him for selling costs in respect of the layby sale; and
e: the balance estimated to be due to the seller or the buyer as the case may be; and
f: if there is a balance due to the seller, particulars of the time and manner within which that balance is required to be paid.
2: The seller need not comply with a request under subsection (1) if—
a: the layby sale has been completed by performance; or
b: he has given the buyer a statement complying with that subsection within the 30 days immediately preceding the receipt of the request; or
c: the layby sale has been cancelled by the buyer and more than 30 days have elapsed since the date of cancellation.
3: Where the seller cancels a layby sale he shall, upon request, give to the buyer free of charge a statement complying with subsection (1) and, if the address of the buyer is known to the seller, he shall, whether the buyer requests it or not, give to the buyer, free of charge, such a statement within 7 days after the date of cancellation.
4: Every seller who makes default in complying with subsection (1) or subsection (3) commits an offence and is liable on
5: Nothing in this section shall apply in respect of any layby sale under which the purchase price does not exceed $10. Lay-by Sales Act 1943 s 9(2) (NSW) Section 7(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
8: Right of buyer to cancel layby sale
1: The buyer may, at any time before the purchase price has been paid, cancel the layby sale by giving to the seller oral or written notice of his desire to cancel the sale.
2: Where a layby sale is cancelled under subsection (1) the date of cancellation shall be the date on which the notice is given.
3: Nothing in this section shall prejudice any right of the buyer to cancel a layby sale otherwise than by virtue of this section.
4: The right of cancellation conferred on the buyer by subsection (1) may be exercised notwithstanding the winding up or bankruptcy of the seller or the appointment of any person to act as the receiver or manager of the property of the seller.
5: Nothing in this section shall apply in respect of any layby sale under which the purchase price does not exceed $5. Lay-by Sales Act 1943 s 9(1), (3) (NSW)
9: Rights of seller and buyer on cancellation of layby sale
1: Where a layby sale is cancelled by the buyer under section 8
a: if the total amount of money paid plus the value of any other consideration provided by the buyer in respect of the layby sale, together with the retail value of the goods at the time when the layby sale is cancelled, exceeds the purchase price and an amount sufficient to recoup the seller for his selling costs in respect of the layby sale, the buyer shall be entitled, subject to subsection (2), to recover the excess from the seller as a debt due and payable by him to the buyer:
b: if the purchase price and an amount sufficient to recoup the seller for his selling costs in respect of the layby sale exceeds the total amount of money paid plus the value of any other consideration provided by the buyer in respect of the layby sale, together with the retail value of the goods at the time when the sale is cancelled, the seller shall be entitled, subject to subsection (3), to recover the excess from the buyer as a debt due and payable by him to the seller, but shall not be entitled to recover any additional sum, whether as penalty or compensation or otherwise in consequence of the cancellation of the layby sale.
2: Where a layby sale is cancelled by the buyer, other than by reason of a breach by the seller which entitles the buyer to cancel the sale, the buyer shall not in any case be entitled to a refund exceeding the total amount of money paid plus the value of any other consideration provided by him.
3: Where the buyer under a layby sale has paid an initial deposit but has made no other payments at the time when the sale is cancelled the amount that the seller shall be entitled to recover under paragraph (b) of subsection (1) shall not exceed the amount of the deposit.
4: Where a layby sale of specific goods is cancelled within 1 month after the date of the sale or where any layby sale (not being a sale of specific goods) is cancelled at any time, the retail value of the goods at the time of cancellation shall, for the purposes of this Act, unless the contrary is proved, be deemed to be the retail value of the goods at the time when the layby sale was made; and any loss of value of such goods whether due to deterioration of the goods or otherwise shall be disregarded.
5: Nothing in this section shall apply in respect of any layby sale under which the purchase price does not exceed $5. Lay-by Sales Act 1943 s 10 (NSW)
10: Completion on
liquidation
1: If on the liquidation
2: If there are not enough goods to satisfy all buyers, priority shall be governed by the date of the sale so that goods shall be available to earlier buyers in preference to later buyers. Where 2 or more buyers agreed to purchase on the same day priority between them shall be determined by lot.
3: No buyer shall be entitled to exercise the right conferred by subsection (1) if—
a: in breach of his agreement with the seller, he has made no payment to the seller on account of the purchase price during the 3 months immediately preceding the filing of the petition on which the seller is adjudged bankrupt, the commencement of the winding up, or the appointment; or
b: he is an officer or employee of the seller or the spouse , civil union partner, or de facto partner
4: If any buyer makes any payment on account of the purchase price after the commencement of the bankruptcy or liquidation Section 10 amended 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 10(1) amended 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 10(3)(b) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 10(4) amended 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994
11: Preference on
liquidation
1: If, on the liquidation section 9 the kind of security interest described in subsection (1A)
1A: The kind of security interest referred to in subsection (1) is a security interest that—
a: is over all or any part of the seller's accounts receivable and inventory or all or any part of either of them; and
b: is not a purchase money security interest that has been perfected at the time specified in section 74
c: is not a security interest that has been perfected under the Personal Property Securities Act 1999
2: Debts to which priority is given by subsection (1) must be paid in accordance with section 312 Schedule 7 section 30 section 274(3)
3: The rights conferred by subsection (1) shall not be available to any buyer of the kind described in paragraph (a) or paragraph (b) of subsection (3) of section 10
4: In subsection (1), the terms account receivable inventory new value purchase money security interest security interest Personal Property Securities Act 1999
5: The provisions of this section, as in force immediately before the commencement of the Personal Property Securities Act 1999 Section 11 amended 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 11(1) amended 1 May 2002 section 191(1) Personal Property Securities Act 1999 Section 11(1) amended 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 11(1A) inserted 1 May 2002 section 191(1) Personal Property Securities Act 1999 Section 11(1A)(b) amended 3 December 2007 section 445 Insolvency Act 2006 Section 11(1A)(c) amended 3 December 2007 section 445 Insolvency Act 2006 Section 11(2) replaced 3 December 2007 section 445 Insolvency Act 2006 Section 11(4) inserted 1 May 2002 section 191(1) Personal Property Securities Act 1999 Section 11(5) inserted 1 May 2002 section 191(1) Personal Property Securities Act 1999
12: Service of notices
1: Any written notice or other document required or authorised by this Act to be given to any person shall be sufficiently given if it is delivered to that person or if it is left at his usual or last known place of abode or business or at an address specified for the purposes of the layby sale, or if it is posted in a letter addressed to him by name at that place of abode or business or address.
2: If the person is absent from New Zealand, the notice or other document may be given to his agent in New Zealand. If the person is deceased, it may be given to his personal representatives.
3: If the person is not known, or is absent from New Zealand and has no known agent in New Zealand, or is deceased and has no personal representatives, the notice or other document shall be given in such manner as may be directed by an order of a District Court.
4: If any such notice or other document is sent to any person by registered letter it shall be deemed to have been delivered to him on the fourth day after the day on which it was posted, and in proving the delivery it shall be sufficient to prove that the letter was properly addressed and posted.
5: Notwithstanding anything in the foregoing provisions of this section, a District Court
6: This section does not apply to notices or other documents served in any proceedings in any court. Section 12(3) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 12(5) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979
13: Buyer's rights protected
1: The provisions of this Act shall have effect in favour of the buyer notwithstanding any provision to the contrary in any agreement.
2: Nothing in this Act shall prevent any layby sale from having effect according to its tenor in so far as the terms of that sale are more favourable to the buyer than the terms that the buyer would enjoy by virtue of the provisions of this Act.
3: Section 56
14: Application
Sections 6 to 9
15: Savings
Nothing in this Act shall derogate from the provisions of the Door to Door Sales Act 1967 Section 15 amended 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003 |
DLM399703 | 1971 | Local Legislation Act 1971 | 1: Short Title
This Act may be cited as the Local Legislation Act 1971.
2: Empowering Corporation of Borough of Devonport to transfer O'Neill's Point Cemetery to Corporation of City of Takapuna
Whereas by deed of conveyance dated 12 May 1890 and registered in the Deeds Registry Office at Auckland under No 117243 the land described in subsection (2) (in this section referred to as the land Corporation And whereas the Corporation has since then used the land as a public cemetery: And whereas it is now expedient that the land be vested in the Mayor, Councillors, and Citizens of the City of Takapuna (in this section referred to as the City Corporation And whereas the Corporation has no authority to transfer the land, and the City Corporation is precluded by the provisions of section 21(1) And whereas it is desirable that provision be made empowering the Corporation to transfer the land to the City Corporation and for the City Corporation to continue to use it for cemetery purposes: Be it therefore enacted as follows.
1: Notwithstanding anything in the Burial and Cremation Act 1964
a: the Corporation is hereby empowered to transfer the land to the City Corporation for the purposes of a public cemetery and to hand over to the City Corporation all records and assets pertaining to the land which the City Corporation may require:
b: the City Corporation is hereby empowered and authorised to use the land for cemetery purposes:
c: the bylaws of the Corporation pertaining to the operation of the land as a cemetery shall continue to apply to the land and shall be enforceable by the City Corporation until the City Corporation repeals them and enacts bylaws in their place.
2: The land to which this section relates is more particularly described as follows: 8 acres 2 roods, more or less, being part of Allotment 13 of Section 1 of the Parish of Takapuna, as the same is delineated on deposited plan No 884, and being the whole of the land comprised and described in certificate of title, Volume 59, folio 208, North Auckland Registry, together with appurtenant drainage rights created by Transfer No 252451.
3: Authorising refund by Papakura Borough Council to District Fund Account from loan money
Whereas before the Papakura Borough Council (in this section referred to as the Council loan And whereas authority to raise the loan has since been obtained and it is desirable to authorise the Council to refund that sum to its District Fund Account out of the proceeds of the loan: Be it therefore enacted as follows: The Council is hereby authorised to refund the sum of $10,073.47 to its District Fund Account out of the proceeds of the loan.
4: Varying the purposes to which certain trust money may be applied by Southland Hospital Board
Whereas, pursuant to the last will of Jessie Ewart who died at Auckland in 1940, the sum of $40 was paid to the Southland Hospital Board (hereinafter referred to as the Board And whereas the said money has been held in trust by the Board since that date and consequently the terms of the bequest can no longer be complied with: And whereas the Board wishes to use the said sum and the income arising therefrom for the purchase of toys, books, and other recreational equipment for the school classroom in the children's ward at Southland Hospital, but this is not in accord with the terms of the said bequest: And whereas the Board is desirous of altering the terms of the said bequest accordingly: Be it therefore enacted as follows: Notwithstanding anything to the contrary in any Act or rule of law or in the last will of the said Jessie Ewart—
a: the said sum paid to the Board pursuant to the said will and the income arising therefrom may be applied and used by the Board for the purchase of toys, books, and other recreational equipment for the school classroom in the children's ward at Southland Hospital:
b: the failure to comply with the terms of the bequest shall be deemed not to have been a breach of trust.
5: Including certain land within the City of Napier
Whereas pursuant to the provisions of the Napier Harbour Board and Napier Borough Enabling Act 1933 And whereas the land described in subsection (2) (in this section referred to as the land And whereas it is desirable that the land should be declared to have been included within the City of Napier on and after 20 December 1933: Be it therefore enacted as follows:
1: Notwithstanding anything in the Municipal Corporations Act 1954 or in any other Act, the land is hereby declared to have been included within the City of Napier on and after 20 December 1933.
2: The land to which this section relates is more particularly described as follows:
a: all that area originally shown as road, adjoining or passing through Lots 2, 3, and 6, DP 6187, being Part Te Whare-O-Maraenui Block, being an area of 7 acres 3 roods 04 perches, situated in Block IV, Heretaunga Survey District:
b: Lot 55, DP 4488, being part Te Whare-O-Maraenui Block, having an area of 1 acre 1 rood, situated in Block IV, Heretaunga Survey District.
6: Authorising Hutt County Council to raise a special loan
Whereas the Hutt County Council (in this section referred to as the Council And whereas the Local Authorities Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Council to refund that sum to its County Fund Account: And whereas it is desirable to authorise the Council to raise a loan of not more than $27,500 for the purpose of recouping its County Fund Account in respect of the sum so expended from that Account: 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 an amount not exceeding $27,500 for the purpose of refunding to its County Fund Account the sum so expended from that Account; and, notwithstanding anything in section 34 of that Act, the special loan may be raised without the prior consent of the ratepayers.
7: Authorising Stratford Borough Council to establish an endowment fund for money received from the sale of its electrical undertaking
Whereas on 4 February 1970 the Stratford Borough Council (in this section referred to as the Council Board And whereas $8,640 of the consideration for the sale was paid in cash and $363,000 of the consideration was satisfied by the Board executing a debenture dated 1 April 1970 securing payment to the Council of such sum, together with interest thereon at $5.75% per annum, by half-yearly payments of $13,775.16 over a period of 25 years: And whereas the Council desires to establish an endowment fund to be known as the Electrical Endowment Fund into which the said sum of $8,640 together with all payments made by way of reduction of principal by the Board to the Council under the debenture shall be paid: And whereas the Council desires to preserve intact for all time all payments made to such endowment fund to the intent that such money shall be invested by the Council from time to time in trustee securities and that the interest therefrom, together with the interest received from the Board under the said debenture, be used for the general purposes of the Borough of Stratford: And whereas it is necessary to make special provision to enable the Council to establish the said endowment fund: Be it therefore enacted as follows:
1: The Council is hereby authorised to establish a separate bank account to be known as the Electrical Endowment Fund (in this section referred to as the Fund
2: All money paid into the Fund as aforesaid shall, except for the purpose of investment as hereinafter provided, be retained in the Fund for all time as an endowment in aid of the Council's General Account.
3: The money in the Fund shall as soon as practicable be invested by the Council, and the income earned from any such investment shall be transferred to the District Fund Account of the Council to the credit of the General Account and be used for the general purposes of the Borough. Section 7(3) amended 30 January 2021 section 161 Trusts Act 2019
8: Validating payments made and mortgage given by Kaitaia Borough Council
Whereas the Mayor, Councillors, and Citizens of the Borough of Kaitaia (in this section referred to as the Corporation vendor And whereas the purchase price of $30,000 was, in terms of the agreement, to be paid by a deposit of $3,000 on the execution of the agreement, by the payment of an instalment of $5,000 on 1 May 1970, and by the Corporation executing in favour of the vendor a first mortgage over the land for the balance of $22,000 for a term of 5 years with interest payable quarterly at the rate of 5.75%: And whereas the Corporation did not obtain the consent of the Minister of Internal Affairs to the method of payment for the land as required by section 165 of the Municipal Corporations Act 1954: And whereas the Corporation executed the said mortgage without complying with the provisions of Part 1 of the Local Authorities Loans Act 1956: And whereas it is desirable that the actions of the Corporation in making the payments and executing the mortgage as aforesaid be validated: Be it therefore enacted as follows:
1: The actions of the Corporation in entering into the said agreement for the purchase of the said land and in making the payments of $3,000 and $5,000 as aforesaid are hereby validated and declared to have been lawful.
2: The action of the Corporation in executing the mortgage for $22,000 in favour of the vendor as aforesaid is hereby validated and declared to have been lawful.
3: The land to which this section relates is described as follows: All that piece of land in the North Auckland Land District in the Borough of Kaitaia containing 24 acres 2 roods 11 perches, more or less, being part Lot 27, Deposited Plan 405, and being part of the land comprised and described in certificate of title, Volume 11D, folio 1426 (North Auckland Registry).
9: Validating certain expenditure incurred by Auckland Regional Authority
The expenditure by the Auckland Regional Authority, during the financial year ending with 31 March 1972, of the sum of $1,000 in connection with the celebration of the centennial of the City of Auckland is hereby validated and declared to have been lawfully incurred.
10: Authorising the acquisition by the Thames Borough Council of certain land in Thames County and authorising the purchase of certain land and interests in certain other land on a system of time payment
Whereas the Thames Borough Council (in this section referred to as the Council donor And whereas the donor has agreed that from the date of the signing of the sale and purchase agreement the Council will collect and retain for its own use absolutely the rentals for the said lands at present totalling $1,322 per annum: And whereas the Council has agreed to pay to the donor the sum of $2,000 per annum for a period of 5 years and thereafter the sum of $1,000 per annum for a further period of 5 years making a total payment of $15,000 free of interest: And whereas the Council has agreed to set aside a suitable area (containing not less than 3 acres) of the land described in subsection (6) as a site for the erection of a number of pensioner flats to be known as Deeble Village: And whereas the Council has agreed to pay all gift duty, stamp duty, legal and other expenses in connection with the proposed transaction: And whereas the Council has no power to acquire land outside its own district or to pay for the said land by instalments: And whereas it is expedient to authorise the Council to acquire the said land and interest in land pursuant to the agreed terms: Be it therefore enacted as follows:
1: The Council is hereby authorised to purchase from the donor the land described in subsection (6).
2: The Council is hereby authorised to purchase from the donor her interest in the land described in subsection (7).
3: Notwithstanding the provisions of section 165 of the Municipal Corporations Act 1954, the Council is hereby authorised to pay the donor for the aforesaid land and interest in land the sum of $15,000 free of interest by paying the sum of $2,000 per annum for a period of 5 years and thereafter the sum of $1,000 per annum for a further period of 5 years.
4: The Council is hereby authorised to pay all gift duty,
5: Until such time as the land and interest in land which the Council is hereby authorised to purchase are included within the district of the Thames Borough, the Council shall continue to use the lands for leasing as farm land and residential buildings and for no other purpose.
6: The land to which this section relates is more particularly described as follows: All those areas of land in the South Auckland Land Registration District, being— First: Secondly: Thirdly: Fourthly: Fifthly: Sixthly: Seventhly: Eighthly:
7: The interest in land to which this section relates is more particularly described as follows: An undivided one-half share in all that parcel of land containing 2 acres 1 rood 33 perches, more or less, being the Ohoupo A Block, situated in Block VII, Thames Survey District, and being all the land comprised and described in Provisional Register Volume 98, folio 46, South Auckland Registry. Section 10(4) amended 20 May 1999 section 7 Stamp Duty Abolition Act 1999
11: Authorising refund by Hunterville Town Council to District Fund Account from loan money
Whereas the Hunterville Town Council (in this section referred to as the Council And whereas the Local Authorities Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Council to refund the said sum to its District Fund Account: And whereas it is desirable to authorise the Council to raise a special loan of not more than $5,679 for the purpose of recouping its District Fund Account in respect of the sum expended from that Account 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 Authorities Loans Act 1956 an amount not exceeding $5,679 for the purpose of refunding to its District Fund Account the sum expended from that account as aforesaid.
12: Validating the election of officers and members of the Nelson Institute
Whereas by the Nelson Institute Act 1907 Institute And whereas rules have from time to time been prepared pursuant to the powers given by that Act: And whereas at the annual meeting of the Institute held on 30 March 1965 no steps were taken by the then existing officers of the Institute to have officers appointed for the ensuing year, it being the opinion of the said existing officers or a majority of them that the Institute as such would cease to exist on 31 March 1965: And whereas certain members of the Institute put forward, prior to such meeting, nominations for officers and committee members of the Institute and believed that such members were properly and duly elected as officers of the Institute, and they and their successors have continued since that time to carry on the affairs of the Institute in the belief that they were duly elected to office and were continuing the affairs of the Institute as incorporated under the Nelson Institute Act 1907 And whereas Graham Kemble-Welch of Nelson, medical practitioner, applied to the Supreme Court of New Zealand at Nelson for a declaratory judgment to determine certain matters in connection with the Institute and it was determined by the said court that the Institute continued to exist as a legal entity but that the persons purporting to be the officers and committee of the Institute were not in fact validly elected to those offices: And whereas it is desired to preserve the continuity of the Institute as at present carried on, with the Institute incorporated under the Nelson Institute Act 1907 And whereas pursuant to section 42 Corporation And whereas such common seal and minute books, being articles of historical value, are held by the Librarian of the Nelson Public Library for safe custody and it is desired that the officers of the Institute should have rights of access to the said minute books and to use the said common seal on documents required to be executed in the name of the Institute: Be it therefore enacted as follows:
1: The persons filling the office of President, Secretary-Treasurer, and committee members of the Institute, namely— President Graham Kemble-Welch Secretary-Treasurer Christopher John Hay Committee Beryl Claire Parr Peggy Laird Philippa Katherine Vine Marion Rayward Michael Eric Upcott Taylor Graham Rhind Peter John Firman Wood— and all persons who have filled such offices since 1 April 1965 shall be deemed and are hereby declared to have been duly elected to such offices notwithstanding any deficiencies in the elections held and notwithstanding any failure to comply with the rules of the Institute in respect of such elections.
2: The Institute is hereby declared to be the same body as that incorporated under the Nelson Institute Act 1907 Nelson Institute Act 1907
3: The Institute, its officers, and persons authorised by it, shall have the right to peruse the minute books of the Institute held by the Corporation and to make extracts therefrom, and shall have the right to use the said common seal also held by the Corporation in connection with the execution of documents by the Institute to which the seal is required to be affixed.
4: All property of the Institute acquired by the Institute after 31 March 1965 shall continue to remain the property of the Institute, subject however to the rules and regulations of the Institute regarding the same.
13: Authorising the payment of certain money to the Paparua County Council's County Fund
Whereas the former Halswell County Council and its successor, the Paparua County Council, obtained authority to raise a loan for the purpose of constructing the Halswell Sewerage Scheme: And whereas control and management of the Halswell Sewerage Scheme and responsibilities for the loan have passed to the Christchurch Drainage Board: And whereas there remained, as at 31 March 1970, the sum of $2,055.47 in the Paparua County Council's Halswell Sewerage Operating Account, being the balance of funds received upon a special rate: And whereas the Christchurch Drainage Board's Sinking Fund Commissioners hold a sum of $3,010, being an excess contribution made by the former Halswell County Council to the Sinking Fund for the issue of $200,000 of the Sewerage Loan 1967 of $430,000: And whereas it is desired to refund this excess contribution to the Paparua County Council but the Sinking Fund Commissioners have no authority to do so: And whereas the Paparua County Council will have no further expenses to be met from the Halswell Sewerage Operating Account and it is desired that the amount remaining in that account together with the amount held by the Sinking Fund Commissioners be transferred to the credit of the Halswell County Town Account so that those amounts can be expended for the benefit of the area in which they were raised: Be it therefore enacted as follows:
1: All money held in the Halswell Sewerage Operating Account of the Paparua County Council shall be transferred to the credit of the Halswell County Town Account.
2: The Sinking Fund Commissioners for the Christchurch Drainage Board are hereby empowered and directed to refund the said sum of $3,010 held by them to the Paparua County Council, and the Council shall credit that sum to the Halswell County Town Account.
14: Authorising Wanganui City Council to raise a special loan
Whereas the Wanganui City Council (in this section referred to as the Council And whereas the liability of the Council to its bankers in respect of such costs and the additional costs of work undertaken and to be undertaken to control losses from the mains will exceed the sum of $150,000 by 31 March 1972: And whereas the Council desires to obtain authority to raise by way of a special loan a sum not exceeding $200,000 to be applied in reduction of that liability: And whereas the Local Authorities Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Council to refund the said sum to its District Fund Account: 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 an amount not exceeding $200,000 for the purpose of refunding to its District Fund Account the sum expended and to be expended from that account as aforesaid; and, notwithstanding anything in section 34 of that Act, the special loan may be raised without the prior consent of the ratepayers.
15: Authorising the Carterton Borough Council to guarantee a loan for housing purposes
Whereas the Carterton Borough Council (in this section referred to as the Council employee And whereas the Council wishes to assist the employee with the acquisition of an existing residential dwelling in the Borough for his personal occupation, and wishes, pursuant to section 338 of the Municipal Corporations Act 1954, to guarantee portion of a mortgage to be executed between the employee and a financial institution: And whereas the provisions of the said section do not apply to the acquisition of an existing house: Be it therefore enacted as follows: Notwithstanding anything to the contrary in section 338 of the Municipal Corporations Act 1954, the Council is hereby empowered to guarantee portion of an advance by way of first mortgage to the employee for the purpose of acquiring a house within the Borough, and the provisions of the said section 338 shall apply as if the acquisition of that house was the erection of a house in terms of that section.
16: Authorising Havelock North Borough Council to expend certain unclaimed money
Whereas on 31 May 1966 the Havelock North Borough Council (in this section referred to as the Council And whereas the proceeds of that account comprising $1,589.22 (in this section referred to as the unclaimed money And whereas the unclaimed money was made up of an amount of $600 deposited in the Post Office Savings Bank on 31 October 1946 from an account known as the Havelock North Town Board Chairman's Fund Account, which amount is believed to have been raised principally to send parcels to soldiers overseas, and a further amount of $400, being an amount transferred from the said Havelock North Town Board Chairman's Fund Account to the Havelock North Mayor's Trust Account and thence to the said Post Office Savings Bank Account on 5 January 1954, together with accumulated interest on those amounts: And whereas the Council intended to apply the unclaimed money towards the development of Anderson Park No 2 but doubts arose as to whether the amount of $600 at least should not have been paid to the Hawke's Bay Provincial Patriotic Council as being money raised for patriotic purposes under the Patriotic Purposes Emergency Regulations 1939 and not being otherwise disposed of by 1 April 1952: And whereas the council applied certain money from its Subdivision Reserve Account towards the development of the Park in anticipation of being able to expend the unclaimed money for that purpose: And whereas the Council wishes to reimburse its Subdivision Reserve Account from the unclaimed money: Be it therefore enacted as follows: Notwithstanding anything to the contrary in the Patriotic and Canteen Funds Act 1947
17: Authorising Marton Borough Council to borrow money by way of special overdraft
Whereas the Marton Borough Council (in this section referred to as the Council And whereas a portion of the finance for the said contract has been obtained by way of a grant of the sum of $15,000 from the J. B. S. Dudding Trust: And whereas payment of the said grant is to be made to the Council in 3 instalments each of $5,000 in the years ending 31 March 1972, 1973, and 1974: And whereas the Council, in anticipation of its revenue from the said Trust in the years ending with 31 March 1973 and 1974, desires to borrow the sum of $10,000 from its bankers by way of special overdraft: Be it therefore enacted as follows:
1: The Council is hereby authorised and empowered to borrow from its bankers by way of special overdraft the sum of $10,000 to be applied by the Council towards its liability under the said contract for the construction of a swimming-baths complex.
2: The said sum of $10,000 so borrowed by the Council shall be repaid as to not less than one-half thereof on or before 31 March 1973, and as to the balance thereof on or before 31 March 1974.
3: The said sum of $10,000 shall be debited to a separate account to be opened by the Council with its bankers and all payments made in reduction of that sum shall be credited to that account.
4: All interest and any other charges payable by the Council as a result of the said borrowing shall be met from the general account of the Council.
5: No part of the said sum of $10,000 so borrowed shall be taken into account in determining the amount which the Council may borrow or which the Council may owe pursuant to the provisions of section 20 of the Local Authorities Loans Act 1956. |
DLM398422 | 1971 | Unclaimed Money Act 1971 | 1: Short Title and commencement
1: This Act may be cited as the Unclaimed Money Act 1971.
2: This Act shall be deemed to have come into force on 1 June 1971.
2: Interpretation
In this Act, unless the context otherwise requires,— Commissioner Tax Administration Act 1994 document
a: a thing that is used to hold, in or on the thing and in any form, items of information:
b: an item of information held in or on a thing referred to in paragraph (a):
c: a device associated with a thing referred to in paragraph (a) and required for the expression, in any form, of an item of information held in or on the thing holder section 5 mutual association officer of the Department owner quarter savings bank
a: Post Office Bank Limited:
b: a trustee bank's successor company in respect of any money vested in it by virtue of the Trustee Banks Restructuring Act 1988:
c: a savings bank company's successor in respect of any money vested in it by virtue of the Private Savings Banks (Transfer of Undertakings) Act 1992
d: a building society within the meaning of the Building Societies Act 1965 section 57 Building Societies Amendment Act 1987 unclaimed money section 4 1908 No 201 s 2 Section 2 Commissioner amended 1 April 1995 Income Tax Act 1994 Section 2 document inserted 30 March 2021 section 205(1) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 2 mutual association inserted 30 March 2021 section 205(2) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 2 quarter inserted 30 March 2021 section 205(3) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 2 savings bank replaced 22 May 1998 section 22(1) Private Savings Banks (Transfer of Undertakings) Act 1992
3: Unclaimed money to be paid to Crown
Subject to this Act, there shall be payable to the Crown all money which becomes unclaimed money after the commencement of this Act, except and so far as special provisions are made by or under any other Act.
4: Meaning of unclaimed money
1: Unclaimed money
a: is payable by a person who is a holder under section 5 owner
b: meets the requirements of subsection (2) or (7); and
c: is held by a person who—
i: is not the Commissioner; or
ii: is the Commissioner and has not delisted the money under section 11(6)
2: Money meets the requirements of this subsection if—
a: the obligation of the holder to pay the money to the owner arises under an agreement, arrangement, or situation described in subsection (4); and
b: the money is not excluded from meeting the requirements of this subsection by subsection (5); and
c: the requirements of subsection (3) are met.
3: The requirements of this subsection are met if—
a: the amount of money payable to an individual owner is more than $100, and—
i: for money to which a single-term arrangement described in subsection (6)(a) applies, the owner during a period of 5 years does not request information from, and does not provide instructions or information to, the holder, whether about the money or about another matter; and
ii: for money to which a renewing-term arrangement described in subsection (6)(b) applies, the owner during a period of 5 years beginning on or after the end of the first fixed period and ending with the end of the second or a later fixed period does not request information from, and does not provide instructions or information to, the holder, whether about the money or about another matter; or
b: the holder chooses to pay the money to the Commissioner as unclaimed money and satisfies the requirements of section 5B
4: For the purposes of subsection (2), money payable by a holder to an owner may be unclaimed money if the obligation arises under 1 or more of—
a: an arrangement under which the holder receives money from the owner in consideration for the holder’s providing money to the owner at a future time or on the occurrence or non-occurrence of a future event, whether or not the event occurs because notice is given or not given:
b: a policy of life assurance that matures—
i: otherwise than by death; or
ii: by death, in which case the due date for payment is treated for the purposes of subsection (2) as being the date on which the holder first has reason to suppose that the death has occurred:
c: an agreement, arrangement, or situation that gives rise to an obligation under law or equity of the holder to make a payment to the owner.
5: Money payable by a holder to an owner does not meet the requirements of subsection (2) if the money is payable—
a: as a dividend by the holder as a company to the owner as a shareholder, unless the payment is made by the holder as a mutual association in relation to money deposited with the holder by the owner as a member:
b: as a rebate by the holder as a mutual association to the owner as a member in relation to the trading transactions of the member with the association, unless the payment is made in relation to money deposited with the holder by the owner:
c: as a benefit from a pension fund or superannuation fund.
6: For the purposes of subsection (3)(a),—
a: an arrangement that applies to money is a single-term arrangement
b: an arrangement that applies to money is a renewing-term arrangement
i: becomes due for payment after a fixed period if the owner near the end of the fixed period requests repayment; and
ii: is treated as being paid by the holder to the owner and then by the owner to the holder for a further fixed period if the owner does not request repayment as described in subparagraph (i).
7: Money meets the requirements of this subsection if—
a: the money is payable to an owner by a holder who ceases to carry on business, or by the personal representative of a holder who dies; and
b: the obligation of the holder to make the payment arises from the holder’s business; and
c: the money is held by the holder or the personal representative of the holder after a period of 6 months from the cessation or death; and
d: the money would meet the requirements of subsection (2) in the absence of subsection (4) if the holder or the personal representative of the holder were to hold the money for a sufficient period; and
e: the holder or the personal representative of the holder chooses to pay the money to the Commissioner and satisfies the requirements of section 5B Section 4 replaced 30 March 2021 section 206 Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021
5: Holder
1: This Act shall apply to unclaimed money held or owing by the following holders:
a: any company incorporated in New Zealand and any liquidator or receiver of any such company:
b: any company incorporated out of New Zealand and carrying on business in New Zealand, and any liquidator or receiver of any such company:
c: any bank, including a savings bank, carrying on business in New Zealand:
d: any building society within the meaning of the Building Societies Act 1965
e: any person, firm, body, or institution carrying on the business of borrowing and lending money in New Zealand, in respect of money borrowed:
f: any insurance office or company carrying on business in New Zealand, including the Government Life Insurance Corporation
g: any person registered as an auctioneer under the Auctioneers Act 2013
h: any agent within the meaning of the Real Estate Agents Act 2008
ha: any conveyancing practitioner within the meaning of the Lawyers and Conveyancers Act 2006
i: any sharebroker within the meaning of the Sharebrokers Act 1908
j: any qualified statutory accountant (within the meaning of section 5(1)
k: any motor vehicle trader within the meaning of the Motor Vehicle Sales Act 2003 provided that where any holder referred to in paragraph (e) or paragraph (g) or paragraph (h) or paragraph (i) or paragraph (k) is a company, nothing in those paragraphs shall derogate from the provisions of paragraphs (a) and (b) in relation to that holder.
2: A person, firm, body, or institution (the elective holder
a: the money is not unclaimed money under section 4(2) or (7)
b: if the money is excluded from being unclaimed money by section 4(5) section 4(7)
c: the elective holder chooses to be treated as the holder of the money.
3: A department or office of Parliament or Crown entity, as defined in the Public Finance Act 1989 Schedule 4 4A 1908 No 201 s 2; 1932 No 11 s 25 Section 5(1)(f) amended 1 April 1987 Government Life Insurance Corporation Act 1987 Section 5(1)(g) replaced 18 December 2013 section 28(3) Auctioneers Act 2013 Section 5(1)(h) amended 16 November 2009 section 173 Real Estate Agents Act 2008 Section 5(1)(ha) inserted 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 5(1)(j) replaced 1 July 2015 section 17 Financial Reporting Amendment Act 2014 Section 5(1)(k) replaced 15 December 2003 section 145 Motor Vehicle Sales Act 2003 Section 5(2) replaced 30 March 2021 section 207(1) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 5(3) inserted 30 March 2021 section 207(2) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021
5B: Obligations of holders
1: A holder must make reasonable efforts to locate the owner of money that is, or will soon become, unclaimed money and to communicate with the owner concerning the money.
2: A holder of money that pays the money to the Commissioner as unclaimed money must provide to the Commissioner, with or before the payment and in a form acceptable to the Commissioner, the information relating to the owner and the money that is in the possession or control of the holder and is readily available to the holder, including—
a: the source, and history of the accrual, of the amount:
b: the identity and whereabouts of the owner:
c: the source of the owner’s entitlement to payment of the money. Section 5B inserted 30 March 2021 section 208 Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021
6: Register to be kept
Section 6 repealed 30 March 2021 section 209 Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021
7: Holder to notify Commissioner and owners of entries in register of unclaimed money
Section 7 repealed 30 March 2021 section 209 Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021
8: Payment of unclaimed money to Commissioner
1: If money becomes unclaimed money under section 4(2)
a: meet the requirements of section 5B
b: pay the money to the Commissioner.
2: All money payable to the Commissioner in accordance with this section shall be recoverable by the Commissioner on behalf of the Crown by action in the Commissioner’s
3: All unclaimed money received by the Commissioner under this or any other Act shall be paid into a Crown Bank Account
4: Where unclaimed money is paid by a holder to the Commissioner in accordance with this Act, the holder shall thereafter be relieved of all further liability to any claimant in respect of the money so paid.
5: The period (the reporting period
a: a quarter, except if paragraph (b) or (c) applies; or
b: a period consisting of 2 consecutive quarters and starting and ending on calendar dates approved by the Commissioner, if the Commissioner approves the use of a 6-monthly reporting period by the holder and paragraph (c) does not apply; or
c: for a period that is the first reporting period of the holder ending after 30 March 2021
i: approved by the Commissioner; and
ii: less than 2 years after 30 March 2021
iii: consistent with the later reporting periods under paragraph (a) or (b) for the holder. 1932 No 11 s 30 Section 8(1) replaced 30 March 2021 section 210(1) section 210(4)–(7) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 8(2) amended 30 March 2021 section 210(2) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 8(3) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 8(5) inserted 30 March 2021 section 210(3) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 8(5)(c) amended 30 March 2022 section 267(2) Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 Section 8(5)(c)(ii) amended 30 March 2022 section 267(3) Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022
9: Special arrangements may be made by Commissioner
Notwithstanding the provisions of this Act, but without affecting the liability of the holder to pay unclaimed money to the Crown, the Commissioner may from time to time, pursuant to a special arrangement, exempt in writing any holder or any class of holder from compliance with all or any of the provisions of section 8(1) Section 9 amended 30 March 2021 section 211 Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021
10: Examination of accounts
1: The Commissioner or any officer of the Department authorised by the Commissioner records
2: The Commissioner or any officer of the Department authorised by the Commissioner
3: Every person shall, without fee, from time to time as required by the Commissioner or any officer of the Department authorised by the Commissioner in the person’s knowledge, or the person’s possession 1932 No 11 s 31(1)–(4) Section 10(1) amended 30 March 2021 section 212(1)(a) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 10(1) amended 30 March 2021 section 212(1)(b) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 10(1) amended 30 March 2021 section 212(1)(c) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 10(2) amended 30 March 2021 section 212(2) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 10(3) amended 30 March 2021 section 212(3)(a) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 10(3) amended 30 March 2021 section 212(3)(b) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021
11: Commissioner may make payment to claimant
1: If any claimant makes any demand against the Commissioner for any money—
a: paid to the Commissioner; or
b: paid, whether before or after the commencement of this Act, into a Crown Bank Account the Commissioner, on being satisfied that the claimant is the owner of the money demanded by the claimant made by the Commissioner
2: All money paid by the Commissioner under subsection (1) a Crown Bank Account
3:
4: Where any money paid to any claimant under this section is afterwards claimed by any other person, the Commissioner not
5: No claimant shall be entitled to interest on the amount of any money for which demand on the Commissioner by the claimant to the claimant
6: The Commissioner may remove an amount of unclaimed money from the list of amounts that are available for the owner to claim from the Commissioner, and the amount then ceases to be unclaimed money, if the money—
a: has been unclaimed money for 25 years or more:
b: is money for which the Commissioner holds no information relating to the owner:
c: is an amount of $100 or less.
7: No person shall have a right of action against the Commissioner for the investment or non-investment of an amount of unclaimed money held by the Commissioner.
8: No person shall have a right of action against the Commissioner for an amount of money that—
a: has been delisted by the Commissioner under subsection (6); or
b: is unclaimed money meeting the requirements of subsection (6) for delisting by the Commissioner. 1908 No 201 ss 8, 9 Section 11(1) amended 30 March 2021 section 213(1)(a) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 11(1) amended 30 March 2021 section 213(1)(b) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 11(1)(b) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 11(2) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 11(2) amended 1 April 1987 State Services Conditions of Employment Amendment Act 1987 Section 11(3) repealed 1 April 1987 State Services Conditions of Employment Amendment Act 1987 Section 11(4) amended 1 August 1990 Unclaimed Money Amendment Act 1990 Section 11(4) amended 1 April 1987 State Services Conditions of Employment Amendment Act 1987 Section 11(5) amended 30 March 2021 section 213(2)(a) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 11(5) amended 30 March 2021 section 213(2)(b) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 11(5) amended 1 April 1987 State Services Conditions of Employment Amendment Act 1987 Section 11(6) inserted 30 March 2021 section 213(3) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 11(7) inserted 30 March 2021 section 213(3) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 11(8) inserted 30 March 2021 section 213(3) Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021
11B: Capacity of trustees
1: For the purposes of this Act, a person who is acting as a trustee of a trust is acting in a capacity that is separate from their other capacities.
2: The other capacities of the person referred to in subsection (1) may include—
a: a personal capacity:
b: a capacity as a body corporate that is a legal person:
c: a capacity as a trustee of another trust. Section 11B inserted 30 March 2021 section 214 Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021
12: Officers to maintain secrecy
Section 12 repealed 30 March 2021 section 215 Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021
13: Offences
Every person commits an offence, and is liable on
a: being a holder, fails to comply with any provision of section 8(1) section 10 section 9
b: being a director, manager, secretary, or other officer of the holder, authorises or permits that failure to comply. 1932 No 11 ss 29(1) 31(5) Section 13 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 13(a) amended 30 March 2021 section 216 Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021
14: Consequential amendments
1), (2: Amendment(s) incorporated in the Act(s).
3:
4:
5:
6: Subject to section 11 Section 14(3) repealed 1 April 1983 section 193(1) Law Practitioners Act 1982 Section 14(4) repealed 1 April 1983 section 193(1) Law Practitioners Act 1982 Section 14(5) repealed 1 July 1994 Companies Amendment Act 1993
15: Repeals and savings
1: The following enactments are hereby consequentially repealed:
a: the Unclaimed Moneys Act 1908
b), (c: Amendment(s) incorporated in the Act(s)
d: the Unclaimed Moneys Amendment Act 1958.
2: Subject to section 11 |
DLM398477 | 1971 | Gaming Duties Act 1971 | 1: Short Title, commencement, etc
1: This Act may be cited as the Gaming Duties Act 1971.
2: Part 1 Part 3 Schedule 1
3: Part 2 Part 3 Schedule 2
4: This Act is one of the Inland Revenue Acts within the meaning of the Tax Administration Act 1994 Section 1(4) replaced 1 October 1996 section 2(1) Gaming Duties Amendment Act 1996
2: Application
1:
2: This Act shall, with respect to lottery duty, apply to all lotteries drawn on or after 1 April 1971. Section 2(1) repealed 1 September 1976 section 2(2) Gaming Duties Amendment Act 1976
3: Interpretation
In this Act, unless the context otherwise requires,— Commissioner the Tax Administration Act 1994 New Zealand lottery section 4(1) officer of the department Tax Administration Act 1994 organiser section 236 prescribed the Tax Administration Act 1994 TAB NZ section 5(1) year Terms defined in sections 12B 12M 1954 No 52 ss 2, 164, 165(5), 172(1), (1A) 1962 No 114 s 43 1967 No 8 s 2 Section 3 amended 20 December 1991 Gaming Duties Amendment Act 1991 Section 3 Agency repealed 1 August 2020 section 129 Racing Industry Act 2020 Section 3 betting profits repealed 1 August 2003 section 69(1) Racing Act 2003 Section 3 Board repealed 1 July 2019 section 27(1) Racing Reform Act 2019 Section 3 Commissioner amended 1 April 1995 Income Tax Act 1994 Section 3 fixed-odds race betting losses repealed 1 August 2003 section 69(1) Racing Act 2003 Section 3 fixed-odds race betting profits repealed 1 August 2003 section 69(1) Racing Act 2003 Section 3 fixed-odds racing betting repealed 21 September 2021 section 27(2) Racing Reform Act 2019 Section 3 fixed-odds sports betting losses repealed 1 August 2003 section 69(1) Racing Act 2003 Section 3 fixed-odds sports betting profits repealed 1 August 2003 section 69(1) Racing Act 2003 Section 3 gross investments repealed 1 August 2003 section 69(1) Racing Act 2003 Section 3 lottery repealed 1 July 2004 section 374 Gambling Act 2003 Section 3 New Zealand lottery inserted 1 July 2004 section 374 Gambling Act 2003 Section 3 officer of the department inserted 23 September 1997 section 120(2) Taxation (Remedial Provisions) Act 1997 Section 3 organiser replaced 1 July 2004 section 374 Gambling Act 2003 Section 3 prescribed amended 1 April 1995 Income Tax Act 1994 Section 3 race repealed 1 August 2003 section 69(1) Racing Act 2003 Section 3 race meeting repealed 1 August 2003 section 69(1) Racing Act 2003 Section 3 racing club repealed 1 August 2003 section 69(1) Racing Act 2003 Section 3 restricted totalisator club repealed 1 August 2003 section 69(1) Racing Act 2003 Section 3 special investments repealed 1 August 2003 section 69(1) Racing Act 2003 Section 3 sporting event repealed 1 August 2003 section 69(1) Racing Act 2003 Section 3 sports betting repealed 21 September 2021 section 27(2) Racing Reform Act 2019 Section 3 TAB NZ inserted 1 August 2020 section 129 Racing Industry Act 2020 Section 3 totalisator club repealed 1 August 2003 section 69(1) Racing Act 2003 Section 3 totalisator racing betting repealed 21 September 2021 section 27(2) Racing Reform Act 2019 Section 3 winning dividend repealed 21 September 2021 section 27(2) Racing Reform Act 2019
1: Totalisator duty
Part 1 repealed 21 September 2021 section 30 Racing Reform Act 2019
4: Totalisator duty
Section 4 repealed 21 September 2021 section 30 Racing Reform Act 2019
5: TAB NZ Section 5 repealed 21 September 2021 section 30 Racing Reform Act 2019
6: Payment of totalisator duty by racing club
Section 6 repealed 1 August 2003 section 69(1) Racing Act 2003
7: Payment of totalisator duty by the Totalisator Agency Board
Section 7 repealed 1 August 2003 section 69(1) Racing Act 2003
8: Interest on unpaid totalisator duty
Section 8 repealed 26 July 1996 section 4 Gaming Duties Amendment Act 1996
2: Lottery duty
9: Lottery duty
There shall be paid to the Crown a duty (in this Act referred to as lottery duty 5.5 1954 No 52 s 172(2) Section 9 amended 1 October 1986 Gaming Duties Amendment Act 1986
10: Return to be furnished to Commissioner
The organiser of a lottery shall, within 14 days after the date of the drawing of the lottery, deliver to the Commissioner a statement in the prescribed form of the lottery duty payable in respect of that lottery: provided that the Commissioner may, pursuant to any special arrangement, exempt in writing, either absolutely or conditionally, any organiser from compliance with the foregoing provisions of this section in respect of any lottery or series of lotteries.
11: Payment of lottery duty
1: The lottery duty payable in respect of each lottery shall be paid by the organiser of that lottery to the Commissioner within 14 days after the date of the drawing of the lottery.
2: Lottery duty payable by the organiser of any lottery shall constitute a debt due and payable to the Crown by the organiser. 1954 No 52 s 172(3)
12: Interest on unpaid lottery duty
Section 12 repealed 26 July 1996 section 5 Gaming Duties Amendment Act 1996
12A: Application to
instant game that is New Zealand lottery In relation to an instant game that is a New Zealand lottery
a: as if, for the words represented in the drawing of any lottery, whether the tickets have been disposed of by sale or otherwise section 9 sold
b: as if, for the words drawing of section 10 closing of the sale of tickets in
c: as if, for the words drawing of section 11(1) closing of the sale of tickets in Section 12A inserted 29 August 1991 Gaming and Lotteries Amendment Act (No 2) 1991 Section 12A heading amended 1 July 2004 section 374 Gambling Act 2003 Section 12A amended 1 July 2004 section 374 Gambling Act 2003
2A: Gaming machine duty
Part 2A inserted 20 December 1991 Gaming Duties Amendment Act 1991
12B: Interpretation
In this Part, unless the context otherwise requires,— corporate society section 4(1) dutiable game
a: means gambling by means of a gaming machine under the Gambling Act 2003
b: does not include casino gambling as defined in section 34 gaming machine section 4(1) gaming machine operator
a: a corporate Gambling Act 2003
b: any person who conducts, otherwise than pursuant to a licence issued under that Act, any dutiable game;— and, in relation to any return period and to the obligations and liabilities under sections 12D to 12F section 12K gaming machine profits a − b where— a is the total amount of all machine income of the gaming machine operator in respect of all dutiable games conducted by the gaming machine operator that are played during the return period; and b is the total amount of all prizes paid during the return period in respect of those dutiable games machine income play played prizes paid return period section 12D(1) section 12D(2) Section 12B inserted 20 December 1991 Gaming Duties Amendment Act 1991 Section 12B corporate society inserted 3 March 2015 section 129(4) Gambling Amendment Act 2015 Section 12B dutiable game replaced 1 July 2004 section 374 Gambling Act 2003 Section 12B gaming machine amended 1 July 2004 section 374 Gambling Act 2003 Section 12B gaming machine operator replaced 1 July 2004 section 374 Gambling Act 2003 Section 12B gaming machine operator amended 3 March 2015 section 129(2) Gambling Amendment Act 2015 Section 12B society repealed 3 March 2015 section 129(3) Gambling Amendment Act 2015
12C: Gaming machine duty
There shall be paid to the Crown a duty (in this Act referred to as gaming machine duty Section 12C inserted 20 December 1991 Gaming Duties Amendment Act 1991
12D: Monthly returns to be furnished to Commissioner
1: Every gaming machine operator shall, on or before the 20th day of each month in each year, deliver to the Commissioner a statement in the prescribed form of—
a: the gaming machine profits of the gaming machine operator for the previous month; and
b: the gaming machine duty payable by the gaming machine operator in respect of those gaming machine profits for that previous month.
2: The Commissioner may, upon written application by a gaming machine operator, authorise the gaming machine operator to furnish statements under subsection (1) for periods ending on a day other than the last day of a calendar month (being a day not more than 7 days earlier or 7 days later than any such last day), and where the Commissioner does so—
a: each return period of the gaming machine operator shall—
i: commence with the day following the last day of the gaming machine operator's immediately preceding return period; and
ii: end with the close of the day authorised by the Commissioner under this subsection; and
b: the gaming machine operator shall furnish statements of gaming machine profits and duty payable in accordance with subsection (1) as if references in that subsection to the previous month were references to the return period that last ended before the 20th day of the month by which the statement is required to be delivered.
3: A statement of gaming machine profits and gaming duty payable in respect of any return period that purports to be made by or on behalf of any gaming machine operator shall for all purposes be deemed to have been made by that gaming machine operator, or by that gaming machine operator's authority, unless the contrary is proved. Section 12D inserted 20 December 1991 Gaming Duties Amendment Act 1991 Section 12D(2) replaced 14 December 1992 Gaming Duties Amendment Act 1992
12E: Payment of gaming machine duty
Every gaming machine operator shall, not later than the last day allowed under section 12D Section 12E inserted 20 December 1991 Gaming Duties Amendment Act 1991
12F: Interest on unpaid gaming machine duty
Section 12F repealed 26 July 1986 section 6 Gaming Duties Amendment Act 1996
12FA: Power of Commissioner in respect of small amounts
Where, in relation to any gaming machine duty payable by a gaming machine operator in respect of any return period, the amount of any such duty that remains unpaid at its due date for payment does not exceed $5,—
a: the Commissioner may refrain from collecting that unpaid duty; and
b: no interest shall be payable under section 12F Section 12FA inserted 14 December 1992 Gaming Duties Amendment Act 1992
12G: Assessment of duty
1: Subject to subsection (4), where—
a: any person makes default in delivering any statement required to be delivered by that person pursuant to section 12D
b: the Commissioner is not satisfied with any such statement delivered; or
c: the Commissioner is not satisfied that the amount of any gaming machine duty paid by any person is the correct amount; or
d: the Commissioner has reason to suppose that any person, although the person has not delivered a statement under section 12D the Commissioner may make an assessment of the amount of gaming machine profits on which, in the Commissioner's judgment, gaming machine duty ought to be paid or to have been paid by the person, and of the amount of gaming machine duty payable and, if appropriate, the amount of any interest payable under section 12F
2: The Commissioner may from time to time and at any time make all such alterations in or additions to an assessment made under this section as the Commissioner thinks necessary to ensure its correctness, notwithstanding that gaming machine duty already assessed may have been paid.
3: The Commissioner shall cause written notice to be given to the person of any assessment or amended assessment made under this section, but the omission to give any notice under this subsection shall not invalidate the assessment or in any manner affect its operation.
4: Where a person has delivered a statement pursuant to section 12D
a: where an assessment has not been made in respect of the return period, to make an assessment; or
b: where an assessment has been made in respect of the return period, to amend after the expiration of 4 years from the end of the month in which the statement was delivered or, as the case may be, the assessment was made, unless, in the opinion of the Commissioner, the person knowingly or fraudulently failed to make a full and true disclosure of all the material facts necessary to determine the amount of gaming machine duty payable in respect of the return period. Section 12G inserted 20 December 1991 Gaming Duties Amendment Act 1991 Section 12G(4)(b) amended 24 October 2001 section 265(1) Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001
12H: Assessments deemed correct except in challenge proceedings
1: Except in proceedings challenging an assessment under Part 8A
2: The production of any document under the hand of the Commissioner or an officer of the department section 12D an officer of the department Section 12H inserted 20 December 1991 Gaming Duties Amendment Act 1991 Section 12H heading replaced 1 October 1996 section 7 Gaming Duties Amendment Act 1996 Section 12H(1) amended 1 October 1996 section 7 Gaming Duties Amendment Act 1996 Section 12H(2) amended 23 September 1997 section 120(3)(a) Taxation (Remedial Provisions) Act 1997 Section 12H(2) amended 23 September 1997 section 120(3)(b) Taxation (Remedial Provisions) Act 1997
12HA: Application of Parts 4A and 8A of Tax Administration Act 1994
1: Parts 4A 8A amended assessment
2: Subsection (1) does not apply to any notice of amended assessment amended assessment Section 12HA inserted 1 October 1996 section 8 Gaming Duties Amendment Act 1996 Section 12HA(1) amended 24 October 2001 section 266(1) Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 Section 12HA(2) amended 24 October 2001 section 266(1) Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001
12I: Objections to assessments
Section 12I repealed 1 October 1996 section 9(1) Gaming Duties Amendment Act 1996
12J: Commissioner may amend assessment, or objection may be submitted to Taxation Review Authority
Section 12J repealed 1 October 1996 section 10(1) Gaming Duties Amendment Act 1996
12K: Recovery of duty
1: Any gaming machine duty payable by a gaming machine operator under this Part shall be recoverable as a debt due to the Crown.
2: If any gaming machine duty is not paid by any gaming machine operator within the time specified in section 12E
a: in the case of an incorporated gaming machine operator, by all persons who, at any time during the return period in respect of which the duty is payable, were officers, trustees, or other persons acting in the management of the gaming machine operator, including the secretary and treasurer thereof:
b: in the case of an unincorporated gaming machine operator, by all persons who, at any time during the return period in respect of which the duty is payable, were members, officers, or trustees of the gaming machine operator.
3: Where a person has not paid all or any part of the amount of gaming machine duty payable by that person, the amount of the duty for the time being unpaid to the Commissioner shall, in the application of the assets of the person in the circumstances specified in paragraphs (a) to (c) of section 42(2)
4: Sections 158 to 165
a: every reference in those provisions to tax were a reference to gaming machine duty; and
b: the reference to an assessment in the said section 162
c: every reference to this Act sections 164 165 Section 12K inserted 20 December 1991 Gaming Duties Amendment Act 1991 Section 12K(4) amended 1 April 1995 Income Tax Act 1994 Section 12K(4)(b) amended 1 April 1995 Income Tax Act 1994 Section 12K(4)(c) amended 1 April 1995 Income Tax Act 1994
12L: Deduction of duty from payments due to defaulters
1: Where a person (in this section referred to as the defaulter
1A: A notice of amount to be deducted or extracted issued under subsection (1) may include a daily amount of interest as well as the amount required to be deducted or extracted.
1B: The daily amount of interest notified under subsection (1A) shall be calculated for each day, commencing on the date of the notice and ending on the day on which the sum required by the notice is deducted or extracted.
1C: For the purposes of subsection (1), an amount payable or becoming payable includes money that—
a: is held in a joint bank account in the name of the defaulter and 1 or more other persons; and
b: can be withdrawn from the account by or on behalf of the defaulter without a signature or other authorisation being required at the time of the withdrawal from, or on behalf of, the other person or persons.
1D: Subsection (1C) does not apply when the joint bank account is an account of a partnership that files a return of income under section 33(1)
2: A copy of every notice given under subsection (1) shall be given to the defaulter by the Commissioner.
3: Whenever, pursuant to a notice under this section, any deduction is made from any amount payable to a defaulter, the defaulter is entitled to receive from the person making the deduction a statement in writing of the fact of the deduction and the purpose for which it was made.
4: Where any notice under this section relates to any amount payable that consists of wages or salary, the sums required to be deducted therefrom shall be computed so as to not exceed the greater of—
a: an amount equal to the lesser of the following amounts:
i: an amount calculated at the rate of 10% per week of the gaming machine duty due and payable by the person at the date of the notice:
ii: an amount calculated at the rate of 20% of the wages or salary:
b: the amount of $10 per week.
4B: Despite subsection (2), for a notice relating to an amount of wages or salary described in subsection (4), the Commissioner may dispense with the requirement to send a copy of the notice to the defaulter if, after making reasonable inquiries, the Commissioner has, or can find, no valid address for the defaulter.
5: Any person making any deduction pursuant to a notice under this section shall be deemed to have been acting under the authority of the defaulter to whom the notice relates and of all other persons concerned, and is hereby indemnified in respect of such deduction.
6: The sum deducted from any amount pursuant to a notice under this section shall be deemed to be held in trust for the Crown, and, without prejudice to any other remedies against the person making the deduction or any other person, shall be recoverable in the same manner in all respects as if it were gaming machine duty payable by the person.
7: Any notice under this section may be at any time revoked by the Commissioner by a subsequent notice to the person to whom the original notice was given, and shall be so revoked where the Commissioner is satisfied that all unpaid gaming machine duty then due and payable by the defaulter has been paid.
8: Section 12L inserted 20 December 1991 Gaming Duties Amendment Act 1991 Section 12L(1A) inserted 23 October 1997 section 120(4) Taxation (Remedial Provisions) Act 1997 Section 12L(1B) inserted 23 October 1997 section 120(4) Taxation (Remedial Provisions) Act 1997 Section 12L(1C) inserted 21 December 2010 section 185 Taxation (GST and Remedial Matters) Act 2010 Section 12L(1D) inserted 21 December 2010 section 185 Taxation (GST and Remedial Matters) Act 2010 Section 12L(4B) inserted 2 June 2016 section 226 Taxation (Transformation: First Phase Simplification and Other Measures) Act 2016 Section 12L(8) repealed 26 July 1996 section 11 Gaming Duties Amendment Act 1996
2B: Casino duty
Part 2B inserted 20 December 1991 Gaming Duties Amendment Act 1991
12M: Interpretation
In this Part, unless the context otherwise requires,— casino Gambling Act 2003 casino gambling section 34 casino losses casino casino casino win casino operator subpart 5
a: the holder of a temporary authority to carry on the operation of a casino granted under section 187
b: in relation to a return period and to the obligations and liabilities under sections 12N to 12Q casino win
a: the amount of gaming wins paid out by the casino in the return period; and
b: the amount of casino losses (if any) of the casino for the immediately preceding return period chips section 4(1) gaming income casino
a: all amounts in money or money's worth paid to the casino
b: all amounts in money, or money's worth other than chips, paid or payable to the casino casino gambling gaming wins casino
a: all amounts paid by the casino
b: all amounts in money, or in money's worth other than chips, paid or returned by the casino casino gambling play return period casino section 12O(1) Section 12M inserted 20 December 1991 Gaming Duties Amendment Act 1991 Section 12M authorised game repealed 1 July 2004 section 374 Gambling Act 2003 Section 12M casino amended 1 July 2004 section 374 Gambling Act 2003 Section 12M casino gambling inserted 1 July 2004 section 374 Gambling Act 2003 Section 12M casino losses amended 14 December 1992 Gaming Duties Amendment Act 1992 Section 12M casino operator replaced 1 July 2004 section 374 Gambling Act 2003 Section 12M casino win replaced 14 December 1992 Gaming Duties Amendment Act 1992 Section 12M chips amended 1 July 2004 section 374 Gambling Act 2003 Section 12M gaming income amended 14 December 1992 Gaming Duties Amendment Act 1992 Section 12M gaming income amended 14 December 1992 Gaming Duties Amendment Act 1992 Section 12M gaming income amended 1 July 2004 section 374 Gambling Act 2003 Section 12M gaming income amended 14 December 1992 Gaming Duties Amendment Act 1992 Section 12M gaming wins amended 14 December 1992 Gaming Duties Amendment Act 1992 Section 12M gaming wins amended 14 December 1992 Gaming Duties Amendment Act 1992 Section 12M gaming wins amended 3 March 2015 section 129(5) Gambling Amendment Act 2015 Section 12M gaming wins amended 14 December 1992 Gaming Duties Amendment Act 1992 Section 12M play replaced 1 July 2004 section 374 Gambling Act 2003 Section 12M return period amended 14 December 1992 Gaming Duties Amendment Act 1992
12N: Casino duty
There shall be paid to the Crown a duty (in this Act referred to as casino duty casino Section 12N inserted 20 December 1991 Gaming Duties Amendment Act 1991 Section 12N amended 14 December 1992 Gaming Duties Amendment Act 1992
12O: Monthly returns to be furnished to Commissioner
1: Every casino operator shall, on or before the 20th day of each month in each year, deliver to the Commissioner a statement in the prescribed form of—
a: the casino win of the casino
b: the casino duty payable
2: Where, in any month, the licence of a casino operator licensed under the Gambling Act 2003
a: the casino win of the casino
b: the casino duty payable
3: A statement of casino win and casino duty payable in respect of any return period that purports to be made by or on behalf of any casino operator shall for all purposes be deemed to have been made by that casino operator, or by that casino operator's authority, unless the contrary is proved. Section 12O inserted 20 December 1991 Gaming Duties Amendment Act 1991 Section 12O(1)(a) amended 14 December 1992 Gaming Duties Amendment Act 1992 Section 12O(1)(b) amended 14 December 1992 Gaming Duties Amendment Act 1992 Section 12O(2) amended 1 July 2004 section 374 Gambling Act 2003 Section 12O(2)(a) amended 14 December 1992 Gaming Duties Amendment Act 1992 Section 12O(2)(b) amended 14 December 1992 Gaming Duties Amendment Act 1992
12P: Payment of casino duty
Every casino operator shall, not later than the last day allowed under section 12O Section 12P inserted 20 December 1991 Gaming Duties Amendment Act 1991
12Q: Interest on unpaid casino duty
Section 12Q repealed 26 July 1996 section 12 Gaming Duties Amendment Act 1996
12R: Assessments, objections, and recovery of duty
Sections 12G , 12H 12HA 12K 12L
a: every reference in those provisions to gaming machine duty were a reference to casino duty; and
b: every reference in those provisions to a gaming machine operator were a reference to a casino operator; and
c: every reference in those provisions to section 12D section 12O
d: every reference in those provisions to section 12E section 12P
e: every reference in those provisions to section 12F section 12Q Section 12R inserted 20 December 1991 Gaming Duties Amendment Act 1991 Section 12R amended 24 October 2001 section 267(1) Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001 Section 12R amended 26 July 1996 section 13 Gaming Duties Amendment Act 1996
3: Miscellaneous provisions
13: Refund of duty or interest paid in error or in excess
1: Where, at any time within 8 years after the date of payment, or if application for the refund is made in writing within that period, the Commissioner is satisfied that any duty or interest payable under this Act or any previous Act imposing totalisator duty or lottery duty has been paid in error or excess, the Commissioner
2: All money payable under this section by way of refund of duty or interest shall be paid out of a Crown Bank Account
3: A refund under this section must be made in accordance with the requirements of section 184A 1954 No 52 ss 6, 41 Section 13(1) amended 1 July 2019 section 29 Racing Reform Act 2019 Section 13(2) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 13(3) inserted 7 October 1998 section 79(1) Taxation (Simplification and Other Remedial Matters) Act 1998
14: Duty recoverable by Commissioner in his official name
Section 14 repealed 26 July 1996 section 14 Gaming Duties Amendment Act 1996
14A: Disclosure of information
1: No obligation as to secrecy or other restriction upon the disclosure of information imposed by any enactment or otherwise shall prevent either—
a: the Commissioner of Inland Revenue or any officer authorised in that behalf; or
b: the Secretary for Internal Affairs or any officer authorised in that behalf,— from disclosing to each other information obtained for the purposes of the administration of the Gambling Act 2003 Part 2A Part 2B Part 2A Part 2B
2: Information obtained pursuant to subsection (1) shall not be disclosed except—
a: to the persons authorised under that subsection; or
b: for the purposes of any proceedings connected with a matter in relation to which those persons so authorised perform their duties. Section 14A inserted 20 December 1991 Gaming Duties Amendment 1991 Section 14A(1) amended 1 July 2004 section 374 Gambling Act 2003
15: Application of Part 9 of Tax Administration Act 1994
Part 9 Section 15 replaced 26 July 1996 section 15(1) Gaming Duties Amendment Act 1996
15A: Application of provisions of Tax Administration Act 1994
Where a provision of this Act (a relevant provision
a: refers to a provision of the Tax Administration Act 1994 Tax Administration Amendment Act (No 2) 1996
b: incorporates the repealed provision for any purpose to give effect to the relevant provision,— the repealed provision shall be deemed to continue in effect for the purpose of giving effect to the relevant provision. Section 15A inserted 26 July 1996 section 16 Gaming Duties Amendment Act 1996
16: Consequential amendments
Amendment(s) incorporated in the Act(s).
17: Repeals and savings
1: The enactments specified in Schedules 1 2
2: Notwithstanding the provisions of subsection (1),—
a: the enactments specified in Schedule 1
i: all race meetings held before 1 August 1971:
ii: all special investments received by the Totalisator Agency Board on any race run before 1 August 1971 or on a double where the first race is run before that date:
b: the enactments specified in Schedule 2 |
DLM401062 | 1971 | Armed Forces Discipline Act 1971 | 1: Short Title and commencement
1: This Act may be cited as the Armed Forces Discipline Act 1971.
2: This Act shall come into force on a date to be fixed 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 1983 clause 2 Armed Forces Discipline Act Commencement Order 1983 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
1: In this Act, unless the context otherwise requires,— able rank accused acquittal acquitted Air Force section 11(5) Air Force base section 2(1) aircraft section 2(1) aircraft material
a: parts of, and components of or accessories for, aircraft, whether for the time being in aircraft or not:
b: engines, armaments, ammunition, and bombs and other missiles of any description in, or for use in, aircraft:
c: any other gear, apparatus, or instruments in, or for use in, aircraft:
d: any apparatus used in connection with the taking-off or landing of aircraft or for detecting the movement of aircraft:
e: any fuel used for the propulsion of aircraft and any material used as a lubricant for aircraft or aircraft material airman section 2(1) alcohol section 5(1) Allied force Armed Forces Armed Forces Canteen Council Armed Forces Canteens Act 1948 armoured fighting vehicle Army section 11(4) Army camp section 2(1) Authority section 151 basic pay before the enemy cadet forces Part 6 Chief Judge Chief of Defence Force section 8 civil court civil custody claim of right section 2(1) commanding officer
a: means—
i: an officer for the time being appointed or authorised to be a commanding officer for the purposes of this Act by a superior commander:
ii: an officer who is named as a commanding officer under section 16
iii: the officer who is in command of one of Her Majesty’s New Zealand ships in commission (other than a tender or a boat):
iv: the officer who is in command of one of Her Majesty’s New Zealand naval establishments in commission:
v: the officer who is in command of a ship declared by the Chief of Defence Force, the Chief of Navy, the Chief of Army, or the Chief of Air Force to be a service ship:
vi: the officer who is in command of a battalion or regiment:
vii: an officer of a force of another State that is declared to be serving together with a New Zealand force under section 23B
b: does not include any midshipman or officer cadet or chaplain competent service authority
a: means every superior commander; and
ab: includes every Judge; and
b: includes any officer, not below the rank of lieutenant commander in the Navy, major in the Army, or squadron leader in the Air Force, appointed as a competent service authority by a superior commander; but
c: does not include any chaplain controlled drug Misuse of Drugs Act 1975 corps Force Court Martial section 8 decoration defence area section 2(1) Defence Force Orders section 206 section 27 dental practitioner section 114(2) Deputy Chief Judge detachment commander
a: in relation to the Navy, means an officer who is for the time being posted, or authorised by his or her commanding officer to be, in command of—
i: a tender or boat; or
ii: a body of persons stationed or employed at a distance from the ship or establishment to which they belong; and
b: in relation to the Army and the Air Force, means an officer who is for the time being authorised by his or her commanding officer to act as detachment commander of a part of a unit stationed or employed at a distance from its unit headquarters; but
c: does not include any midshipman or officer cadet or chaplain detainee detention quarter Director of Military Prosecutions section 101E disciplinary officer
a: means any officer who exercises the summary powers of discipline under Part 5
b: does not include any chaplain Discipline Committee section 160 dismissed from Her Majesty’s Service member of the Armed Forces dismissal from Her Majesty’s Service enemy section 2(1) is liable the Court Martial joint force section 12(1) Judge
a: means a Judge of the Court Martial; and
b: includes the Chief Judge and a Deputy Chief Judge Judge Advocate General section 203 lawyer leading aircraftman medical practitioner section 114(1)(a) member of the Armed Forces section 6 section 9 section 10 section 11 member of the Court Martial military member court military tribunal
a: a disciplinary officer:
b: the Summary Appeal Court:
c: the Court Martial Minister mutiny naval establishment naval ship section 2(1) Navy section 11(3) New Zealand force force section 2(1) non-commissioned officer section 2(1) oath affirmation officer section 2(1) part of the Commonwealth prescribed Defence Act 1990 president prison Corrections Act 2004 private provost officer
a: is not a midshipman, an officer cadet, or a chaplain; and
b: is any of the following:
i: a provost marshal appointed in writing by or on behalf of the Chief of Defence Force:
ii: an assistant provost marshal appointed in writing by or on behalf of the Chief of Defence Force or by a provost marshal:
iii: any other officer of the Navy, the Army, or the Air Force appointed in writing as a provost officer by or on behalf of the Chief of Defence Force or by a provost marshal or an assistant provost marshal:
iv: a person attached or lent as a provost officer, with approval in writing by or on behalf of the Chief of Defence Force or by a provost marshal or an assistant provost marshal, to any part of the Armed Forces:
v: a person seconded for service or appointed for duty as a provost officer, with approval in writing by or on behalf of the Chief of Defence Force or by a provost marshal or an assistant provost marshal, with any part of the Armed Forces rank member of the Armed Forces rating section 2(1) record officer Registrar relative rank section 17 rules of procedure section 150 service or any part of 1 or more of those services service law service penal establishment
a: any service prison or detention quarter (whether in New Zealand or elsewhere); and
b: any prison, naval detention quarters, military or air force prison, detention barrack, corrective training centre, detention room, cell, or similar establishment set aside in New Zealand or elsewhere for the confinement of members of the Armed Forces service prison service prisoner the Court Martial service property ship section 2(1) soldier section 2(1) stealing section 219 subject to this Act subordinate commander section 106 Summary Appeal Court section 118 superior commander
a: means any of the following:
i: the Chief of Defence Force; or
ii: the Vice Chief of Defence Force; or
iii: the Chief of Navy; or
iv: the Chief of Army; or
v: the Chief of Air Force; or
vi: the Commander Joint Forces New Zealand; or
vii: an officer who is not below the rank of captain in the Navy, colonel in the Army, or group captain in the Air Force and who is appointed by any of the officers referred to in subparagraphs (i) to (vi) to act as a disciplinary officer under Part 5
A: are not below the rank of lieutenant commander in the Navy, major in the Army, or squadron leader in the Air Force; and
B: are under his or her command; and
C: hold a rank at least 2 grades below his or her own rank; or
viii: an officer of a force of another State that is declared to be serving together with a New Zealand force under section 23B Part 5
A: are not below the rank of lieutenant commander in the Navy, major in the Army, or squadron leader in the Air Force; and
B: are under his or her command; and
C: hold a relative rank at least 2 grades below his or her own rank; but
b: does not include a commanding officer or chaplain superior officer
a: means another member holding a higher rank (not being an honorary rank); and
b: includes another member of equal rank (except an honorary rank) who is entitled to exercise powers of command over him or her; but
c: does not include,—
i: for the purposes of sections 35 36 38
ii: for the purposes of section 38 visiting force section 4 warrant officer section 2(1)
2: For the purposes of this Act, in all matters relating to the sailing or handling of a ship or the flying or handling of an aircraft, or affecting the safety of a ship or aircraft every person subject to this Act who is in or near the ship or aircraft shall, whatever his rank or whatever his rank is deemed to be, be under the direction of the person in command of the ship or aircraft, as the case may be, whether the person in command is a member of the Armed Forces or not.
3: In this Act and in any instrument made under this Act, unless the context otherwise requires, mention of a person by reference to the designation of his office or appointment includes a reference to any person who for the time being is lawfully performing the functions or duties of, or acting in, that office or appointment—
a: by virtue of a permanent, temporary, or acting appointment; or
b: by assumption of the functions or duties of the office or appointment pursuant to this Act or any other Act; or
c: pursuant to an order, or to a custom of the service which pertains to the office or appointment.
4: In this Act, a reference to the relationship between rank grades is a reference to the relationship that is to be regarded as existing between those rank grades as prescribed under section 17
5: In this Act, a reference to this Act includes, unless the context otherwise requires, a reference to the Court Martial Act 2007
6: In this Act, a reference to counsel for an accused includes, unless the context otherwise requires, a reference to a member of the Armed Forces who undertakes the defence of an accused in the Court Martial.
7: If a charge against a person in respect of an offence is tried summarily, or otherwise dealt with, under Part 5 5A
a: if a disciplinary officer finds the accused guilty on the charge, that must be treated as a conviction:
b: any punishment imposed by a disciplinary officer, or by the Summary Appeal Court, must be treated as a sentence passed by the officer or Summary Appeal Court:
c: if a disciplinary officer dismisses the charge or finds the accused not guilty on the charge, or the Summary Appeal Court directs a finding of not guilty of having committed the offence to be entered, that must be treated as an acquittal. 1950 No 39 s 2; 1950 No 40 s 2; 1954 No 53 s 2; Naval Discipline Act 1957 s 135 (UK) Section 2(1) able rank substituted 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 2(1) Air Force amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 2(1) Air Force base amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 2(1) aircraft amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 2(1) airman amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 2(1) alcohol inserted 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 2(1) Army amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 2(1) Army camp amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 2(1) Authority inserted 1 July 2009 section 4(13) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) basic pay substituted 1 April 1990 section 105(1) Defence Act 1990 Section 2(1) cadet forces amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 2(1) Chief Judge inserted 1 July 2009 section 4(13) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) Chief of Defence Force inserted 28 July 1997 section 2 Armed Forces Discipline Amendment Act 1997 Section 2(1) civil court amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 2(1) claim of right inserted 1 October 2003 section 34 Crimes Amendment Act 2003 Section 2(1) colour of right repealed 1 October 2003 section 34 Crimes Amendment Act 2003 Section 2(1) commanding officer substituted 1 July 2009 section 4(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) Commonwealth force repealed 24 October 2019 section 7(1) Statutes Amendment Act 2019 Section 2(1) competent service authority substituted 1 July 2009 section 4(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) competent service authority inserted 7 July 2010 section 4 Armed Forces Discipline Amendment Act 2010 Section 2(1) constable repealed 27 May 1988 Armed Forces Discipline Amendment Act 1988 Section 2(1) controlled drug inserted 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 2(1) convening officer repealed 1 July 2009 section 4(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) corps amended 1 April 1990 section 105(1) Defence Act 1990 Section 2(1) Court Martial substituted 1 July 2009 section 4(4) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) deal summarily with repealed 1 July 2009 section 4(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) defence area amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 2(1) Defence Council repealed 1 April 1990 section 105(1) Defence Act 1990 Section 2(1) Defence Force Orders inserted 1 July 2009 section 4(13) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) dental practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) Deputy Chief Judge inserted 1 July 2009 section 4(13) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) detachment commander substituted 1 July 2009 section 4(5) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) detainee substituted 1 July 2009 section 4(6) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) Director of Military Prosecutions inserted 1 July 2009 section 4(13) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) disciplinary officer inserted 1 July 2009 section 4(13) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) Discipline Committee inserted 1 July 2009 section 4(13) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) dismissed from Her Majesty’s Service amended 1 April 1990 section 105(1) Defence Act 1990 Section 2(1) enemy amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 2(1) is liable amended 1 July 2009 section 4(7) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) joint force inserted 27 May 1988 Armed Forces Discipline Amendment Act 1988 Section 2(1) joint force amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 2(1) joint force amended 1 April 1990 section 105(1) Defence Act 1990 Section 2(1) Judge inserted 1 July 2009 section 4(13) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) lawyer inserted 1 July 2009 section 4(13) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) leading aircraftman substituted 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 2(1) medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) member of the Armed Forces inserted 1 April 1990 section 105(1) Defence Act 1990 Section 2(1) member of the Court Martial inserted 1 July 2009 section 4(13) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) military member inserted 1 July 2009 section 4(13) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) military tribunal inserted 1 July 2009 section 4(13) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) narcotic repealed 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 2(1) naval establishment naval ship amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 2(1) Navy amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 2(1) New Zealand force force substituted 1 July 2004 section 26 Visiting Forces Act 2004 Section 2(1) non-commissioned officer amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 2(1) officer amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 2(1) officer exercising summary powers repealed 1 July 2009 section 4(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) penal institution repealed 1 June 2005 section 206 Corrections Act 2004 Section 2(1) prescribed substituted 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 2(1) president substituted 1 July 2009 section 4(8) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) prison inserted 1 June 2005 section 206 Corrections Act 2004 Section 2(1) private amended 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 2(1) provost officer replaced 24 October 2019 section 7(2) Statutes Amendment Act 2019 Section 2(1) rank amended 1 April 1990 section 105(1) Defence Act 1990 Section 2(1) rating amended 1 April 1990 section 105(2) Defence Act 1990 Section 2(1) Registrar inserted 1 July 2009 section 4(13) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) relative rank inserted 1 July 2004 section 26 Visiting Forces Act 2004 Section 2(1) reviewing authority repealed 1 July 2009 section 4(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) service amended 27 May 1988 Armed Forces Discipline Amendment Act 1988 Section 2(1) service penal establishment amended 1 April 1990 section 105(1) Defence Act 1990 Section 2(1) service prisoner amended 1 July 2009 section 4(10) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) serviceman repealed 1 April 1990 section 105(1) Defence Act 1990 Section 2(1) ship amended 1 April 1990 section 105(2) Defence Act 1990 Section 2(1) soldier amended 1 April 1990 section 105(2) Defence Act 1990 Section 2(1) stealing amended 1 October 2003 section 34 Crimes Amendment Act 2003 Section 2(1) subordinate commander inserted 1 July 2009 section 4(13) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) Summary Appeal Court inserted 1 July 2009 section 4(13) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) superior commander substituted 1 July 2009 section 4(11) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) superior officer substituted 1 July 2009 section 4(12) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) try summarily repealed 1 July 2009 section 4(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(1) visiting force inserted 1 July 2004 section 26 Visiting Forces Act 2004 Section 2(1) warrant officer amended 1 April 1990 section 105(2) Defence Act 1990 Section 2(4) added 1 July 2009 section 4(14) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(5) added 1 July 2009 section 4(14) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(6) added 1 July 2009 section 4(14) Armed Forces Discipline Amendment Act (No 2) 2007 Section 2(7) added 1 July 2009 section 4(14) Armed Forces Discipline Amendment Act (No 2) 2007
3: Special provisions relating to the interpretation, etc, of Part 2
1: All the provisions of Part 3 section 2
1A: The following provisions of the Sentencing Act 2002
a: section 6
b: sections 102 to 104
2: Section 3(1A) substituted 1 July 2009 section 5(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 3(2) repealed 30 November 2018 section 4 Military Justice Legislation Amendment Act 2018
4: Extraterritorial operation of this Act
1: This Act applies to all acts done or omitted whether in New Zealand or elsewhere.
2: Except as provided in section 21
5: Active service
1: For the purposes of this Act, any part of the Armed Forces is on active service when—
a: there is for the time being in force an active service order posting it for active service; or
b: it is engaged in operations against the enemy; or
c: it is in armed occupation of any foreign country.
2: For the purposes of this Act, every member of the Armed Forces is on active service when—
a: there is for the time being in force an active service order posting that member for active service; or
b: the part of the Armed Forces with which that member is serving or which that member is visiting is an active service.
3: No person or part of the Armed Forces that is for the time being on active service shall cease to be on active service until the issue of an active service order to that effect.
4: For the purposes of this section, the term active service order
a: posting a part of the Armed Forces or any member of the Armed Forces on active service; or
b: declaring that a part of the Armed Forces or any member of the Armed Forces has ceased to be on active service. 1950 No 39 ss 2, 4; 1950 No 40 ss 2, 4; Army Act 1955 s 224 (UK); Air Force Act 1955 s 224 (UK); Naval Discipline Act 1957 s 134 (UK) Section 5(1)(b) substituted 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 5(1)(c) added 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 5(2) substituted 1 April 1990 section 105(1) Defence Act 1990 Section 5(4) substituted 1 April 1990 section 105(1) Defence Act 1990
5A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 5A inserted 30 November 2018 section 5 Military Justice Legislation Amendment Act 2018
5B: Act binds the Crown
This Act binds the Crown. Section 5B inserted 30 November 2018 section 5 Military Justice Legislation Amendment Act 2018
1: Jurisdiction
6: Persons in the Navy, the Army, and the Air Force
1: The following members of the Navy shall be subject to this Act:
a: all officers of the Royal New Zealand Navy, the Royal New Zealand Naval Reserve, the Royal New Zealand Naval Volunteer Reserve, or the Naval Reserves, or of any additional naval force raised in accordance with section 11(3)(e)
b: all ratings of the Royal New Zealand Navy:
c: all ratings of the Royal New Zealand Naval Reserve, the Royal New Zealand Naval Volunteer Reserve, or the Naval Reserves who for the time being are—
i: undergoing or required to undergo training, whether in uniform or not; or
ii: performing or required to perform any naval duty, whether in uniform or not; or
iii: in or on any naval ship, aircraft, vehicle, or establishment, or performing any work for the Navy; or
iv: going to or from any place of parade, training, or naval duty; or
v: absent on leave or without leave from any naval ship, aircraft, vehicle, or establishment, or from any work being performed by them for the Navy; or
vi: declared liable for continuous service pursuant to a Proclamation issued under section 39 section 40
vii: called out under any enactment in aid of the civil power; or
viii: called out under any enactment to render assistance in a disaster; or
ix: present, whether in uniform or not, when members of the Armed Forces are parading or undergoing training; or
x: in uniform:
d: all ratings of any additional naval force raised in accordance with section 11(3)(e)
2: The following members of the Army shall be subject to this Act:
a: all officers of the Regular Force, the Territorial Force, the Army Reserve, or any additional New Zealand Army force raised in accordance with section 11(4)(d)
b: all soldiers of the Regular Force:
c: all soldiers of the Territorial Force and the Army Reserve who for the time being are—
i: undergoing or required to undergo training, whether in uniform or not; or
ii: performing or required to perform any army duty, whether in uniform or not; or
iii: in or on any army camp, unit, ship, aircraft, or vehicle, or performing any work for the Army; or
iv: going to or from any place of parade, training, or army duty; or
v: absent on leave or without leave from any army camp, unit, ship, aircraft, or vehicle, or from any work being performed by them for the Army; or
vi: declared liable for continuous service pursuant to a Proclamation issued under section 39 section 40
vii: called out under any enactment in aid of the civil power; or
viii: called out under any enactment to render assistance in a disaster; or
ix: present, whether in uniform or not, when members of the Armed Forces are parading or undergoing training; or
x: in uniform:
d: all soldiers of any additional New Zealand army force raised in accordance with section 11(4)(d)
3: The following members of the Air Force shall be subject to this Act:
a: all officers of the Regular Air Force, the Territorial Air Force, or the Air Force Reserve, or of any additional air force raised in accordance with section 11(5)(d)
b: all airmen of the Regular Air Force:
c: all airmen of the Territorial Air Force or the Air Force Reserve who for the time being are—
i: undergoing or required to undergo training, whether in uniform or not; or
ii: performing or required to perform any air force duty, whether in uniform or not; or
iii: in or on any Air Force base, unit, ship, aircraft, or vehicle, or performing any work for the Air Force; or
iv: going to or from any place of parade, training, or air force duty; or
v: absent on leave or without leave from any Air Force base, unit, ship, aircraft, or vehicle, or from any work being performed by them for the Air Force; or
vi: declared liable for continuous service pursuant to a Proclamation issued under section 39 section 40
vii: called out under any enactment in aid of the civil power; or
viii: called out under any enactment to render assistance in a disaster; or
ix: present, whether in uniform or not, when members of the Armed Forces are parading or undergoing training; or
x: in uniform:
d: all airmen of any additional air force raised in accordance with section 11(5)(d) 1950 No 39 ss 2, 3; 1950 No 40 ss 2, 3; 1954 No 53 ss 31, 32; Army Act 1955 ss 205, 211 (UK); Air Force Act 1955 ss 205, 211 (UK); Naval Discipline Act 1957 s 111 (UK) Section 6(1)(a) amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 6(1)(c)(vi) amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 6(1)(d) amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 6(2)(a) amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 6(2)(c)(vi) amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 6(2)(d) amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 6(3)(a) amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 6(3)(c)(vi) amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 6(3)(d) amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997
7: Provisions of Act may be modified, etc, in relation to certain classes of persons
Section 7 repealed 1 July 2009 section 6 Armed Forces Discipline Amendment Act (No 2) 2007
8: Members of the Armed Forces A member of the Armed Forces Naval Discipline Act 1957 s 121 (UK) Section 8 heading amended 1 April 1990 section 105(1) Defence Act 1990 Section 8 amended 1 April 1990 section 105(1) Defence Act 1990
9: Members of other forces attached to Armed Forces under section 23A of Defence Act 1990
1: A member of the armed forces of another State who is attached to the Armed Forces of New Zealand under section 23A
2: However, the Governor-General may, by Order in Council,—
a: exempt all or any class of the persons specified in subsection (1) from all or any of the provisions of this Act; or
b: modify any of the provisions of this Act so far as they relate to all or any class of the persons specified in subsection (1).
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 9 substituted 1 July 2004 section 26 Visiting Forces Act 2004 Section 9(2) added 1 July 2009 section 7 Armed Forces Discipline Amendment Act (No 2) 2007 Section 9(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
10: Volunteers
1: Subject to subsection (2), where any person, not otherwise subject to this Act, volunteers or engages for service, training, or exercise with any part of the Armed Forces (not being a person or a member of a class of persons excepted from the provisions of this subsection by Defence Force Order
2: Subject to any Defence Force Order
a: if the person holds a rank in an armed force, this Act shall, subject to such exceptions and modifications as may be prescribed, apply to him in the same manner and to the same extent as it applies to a person holding the corresponding rank in the Armed Forces:
b: in any other case, this Act shall, subject to such exceptions and modifications as may be prescribed, apply to him in the same manner and to the same extent as it applies to a rating of able rank or to a private or a leading aircraftman. Naval Discipline Act 1957 s 111(5) (UK) Section 10(1) amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 10(2) amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997
11: Trainees
1: Subject to subsection (2), where any person, not otherwise being subject to this Act, is a member of any armed force other than the Armed Forces of New Zealand (not being a force excepted from the provisions of this subsection by Defence Force Order
2: Subject to any Defence Force Order
a: if the person holds a rank in an armed force, this Act shall, subject to such exceptions and modifications as may be prescribed, apply to him in the same manner and to the same extent as it applies to a person holding the corresponding rank in the Armed Forces:
b: in any other case, this Act shall, subject to such exceptions and modifications as may be prescribed, apply to him in the same manner and to the same extent as it applies to a rating of able rank or to a private or a leading aircraftman. Naval Discipline Act 1957 s 111(6) (UK) Section 11(1) amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 11(2) amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997
12: Prisoners of war
1: Subject to the provisions of the Geneva Conventions Act 1958
2: The following sections of this Act do not apply to prisoners of war:
a: section 28
b: section 30
c: paragraph (c) of subsection (5) of section 34
d: section 33
e: paragraph (b) of subsection (1) of section 37
f: section 47
13: Spies, etc
Where a person (being a person not otherwise subject to this Act) is alleged to have committed an offence against section 26 section 27
a: until the charge against that person is, on investigation, dismissed by a disciplinary officer; or
b: until the disciplinary officer finds that person not guilty on the charge; or
ba: until that person is acquitted by the Court Martial; or
c: if that person is convicted, until the sentence has been carried out or that person has served his sentence (including any further sentence imposed upon him while serving that sentence) or that person is released in due course of law from any imprisonment or detention imposed under the sentence. Section 13 substituted 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 13(a) substituted 1 July 2009 section 8 Armed Forces Discipline Amendment Act (No 2) 2007 Section 13(b) substituted 1 July 2009 section 8 Armed Forces Discipline Amendment Act (No 2) 2007 Section 13(ba) inserted 1 July 2009 section 8 Armed Forces Discipline Amendment Act (No 2) 2007
14: Commanding officer in relation to prisoners of war and spies
Every person subject to this Act by virtue of section 12 section 13 National Defence Act 1962 s 56(10) (Canada)
15: Application of Act to passengers in HM ships, aircraft, and vehicles
Where any person (being a person who would not, apart from this section, be subject to this Act) is for the time being a passenger in any ship, aircraft, or vehicle of the Armed Forces, whether in New Zealand or elsewhere, that person shall be subject to this Act to such extent as may be prescribed; and the provisions of this Act, subject to such exceptions and modifications as may be prescribed, shall apply to him accordingly. 1950 No 39 s 133; 1950 No 40 s 133; Naval Discipline Act 1957 s 117 (UK)
16: Certain civilians closely associated with Armed Forces subject to this Act
1: Subject to subsections (5) to (7), where any New Zealand force is on active service—
a: every person employed in the service of that force; and
b: every person employed in the service of a part of that force or any member of the force; and
c: every person who accompanies the force or any part of it— shall, while so employed or while accompanying the force or part of the force, as the case may be, be subject to this Act in the same manner and to the same extent as if he were a rating, soldier, or airman, unless there is for the time being in force a certificate issued by the officer commanding that part of the force with which he is employed or which he is accompanying stating that he is entitled to be treated as if he were an officer, in which case he shall, so long as the certificate remains in force, be treated as if he were an officer for the purposes of any proceedings against him for an offence against this Act.
2: Every person who is subject to this Act by virtue of subsection (1) shall be deemed to be on active service.
3: Without limiting the provisions of subsection (1), but subject to subsections (4) to (7), any member of a class of persons specified in Schedule 1
4: The provisions of Parts 2 3
a: section 37 sections 39 40 sections 44 45 sections 70 71 74 subsections (5) and (6) of section 34
b: sections 75 to 77
c: sections 78 to 80 sections 85 to 87A
5: Every person to whom subsections (1) and (3) apply shall for the purposes of this Act be deemed to be under the command of any officer who may for the time being be named as that person’s commanding officer by the officer commanding the New Zealand force which is on active service or is outside New Zealand, as the case may be.
6: All the provisions of this Act relating to arrest, investigation of offences, summary disposal of charges, trial and punishment of offences, and insanity, and, so far as they are applicable, the provisions of Part 11 Chief of Defence Force
7: The modifications to which subsection (6) refers are as follows:
a:
b:
c:
d: any person to whom this section applies may, on being convicted of an offence against this Act, be fined a sum not exceeding $3,000 provided that where any such person is tried summarily , or otherwise dealt with, under Part 5 $1,000
e: if a disciplinary officer finds an accused guilty of a charge, he or she must not record a finding until the accused has been given the right to elect trial by the Court Martial and, if the accused so elects,—
i: a finding must not be recorded; and
ii: the officer must take the steps that are necessary to have the charge tried by the Court Martial:
f: the amount of compensation that any such person may be ordered to pay under section 86
g: any such person may be arrested—
i: by a provost officer; or
ii: by a non-commissioned officer exercising authority under a provost officer; or
iii: by any person acting on the order of an officer.
8: Any certificate issued by an officer under this section may at any time be revoked by that officer or by any other officer of an equivalent or higher rank.
9: Nothing in this section shall apply to any person who is subject to service law by virtue of any other section of this Act. 1950 No 39 ss 2, 132; 1950 No 40 ss 4, 132; Army Act 1955 s 209 (UK); Air Force Act 1955 s 209 (UK); Naval Discipline Act 1957 s 118 (UK) Section 16(4)(c) amended 1 December 1983 Armed Forces Discipline Amendment Act 1981 Section 16(6) amended 1 April 1990 section 105(1) Defence Act 1990 Section 16(7)(a) repealed 27 May 1988 Armed Forces Discipline Amendment Act 1988 Section 16(7)(b) repealed 27 May 1988 Armed Forces Discipline Amendment Act 1988 Section 16(7)(c) repealed 27 May 1988 Armed Forces Discipline Amendment Act 1988 Section 16(7)(d) amended 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 16(7)(d) proviso amended 1 July 2009 section 9(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 16(7)(d) proviso amended 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 16(7)(d) proviso amended 1 December 1983 Armed Forces Discipline Amendment Act 1981 Section 16(7)(e) substituted 1 July 2009 section 9(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 16(7)(f) substituted 1 July 2009 section 9(2) Armed Forces Discipline Amendment Act (No 2) 2007
17: Certain persons sentenced under this Act to remain subject to this Act
1: Where a member of the Armed Forces
a: is sentenced to a term of imprisonment or detention by the Court Martial or to a term of detention by a disciplinary officer; and
b: is by virtue of that sentence deemed to be dismissed from Her Majesty’s Service or is sentenced to dismissal from Her Majesty’s Service or is discharged from the service of the Armed Forces to which he belongs— he shall remain subject to this Act until he has served the sentence of imprisonment or detention or any further sentence of imprisonment or detention imposed in accordance with subsection (1) or subsection (4) of section 178
2: Where a person (other than a member of the Armed Forces the Court Martial 1950 No 39 s 127(2); 1950 No 40 s 127(2); Army Act 1955 s 131 (UK); Air Force Act 1955 s 131 (UK); Naval Discipline Act 1957 s 119 (UK) Section 17(1) amended 1 April 1990 section 105(1) Defence Act 1990 Section 17(1) amended 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 17(1)(a) substituted 1 July 2009 section 10(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 17(2) amended 1 July 2009 section 10(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 17(2) amended 1 April 1990 section 105(1) Defence Act 1990
18: Trial and punishment of person who has ceased to be subject to this Act
1: Where it is alleged that a person who has ceased to be subject to this Act has committed an offence while he was so subject, he may, subject to section 20 the Court Martial
2: On the recording of the allegation in the form of a charge, the person charged shall be deemed—
a: to be a person subject to this Act until the charge is disposed of; and
b: to hold the same status and rank as he held immediately before he ceased to be a person subject to this Act.
3: Where, by virtue of this section, a person is to be deemed to be subject to this Act—
a: he is not liable to arrest under this Act except under a warrant; and
b: for the purposes of investigation and trial of the charge and his punishment, if convicted, every reference in this Act or in the rules of procedure or in regulations made under this Act, or in orders issued by the Chief of Defence Force
4: Where a person to whom this section applies is convicted by the Court Martial 1950 No 39 s 127(1); 1950 No 40 s 127(1); Army Act 1955 s 131 (UK); Air Force Act 1955 s 131 (UK); Naval Discipline Act 1957 s 51 (UK) Section 18(1) amended 1 July 2009 section 11 Armed Forces Discipline Amendment Act (No 2) 2007 Section 18(3)(b) amended 1 April 1990 section 105(1) Defence Act 1990 Section 18(4) amended 1 July 2009 section 11 Armed Forces Discipline Amendment Act (No 2) 2007
19: Status and rank of person deemed to be subject to this Act when imprisoned or detained
Where, by virtue of section 17 section 18
a: if, before he was sentenced to dismissal from Her Majesty’s Service, or was sentenced to imprisonment involving dismissal from Her Majesty’s Service, or was discharged or otherwise ceased to be a member of the Armed Forces, that person was a member
b: if, before he was sentenced to dismissal from Her Majesty’s Service, or was sentenced to imprisonment involving dismissal from Her Majesty’s Service, or was discharged or otherwise ceased to be a member of the Armed Forces, that person was a member
c: if, before he was sentenced to dismissal from Her Majesty’s Service, or was sentenced to imprisonment involving dismissal from Her Majesty’s Service, or was discharged or otherwise ceased to be a member of the Armed Forces, that person was a member
d: if, by virtue of subsection (2) of section 17 Army Act 1955 s 131 (UK); Air Force Act 1955 s 131 (UK); Naval Discipline Act 1957 s 119 (UK) Section 19(a) amended 1 April 1990 section 105(1) Defence Act 1990 Section 19(b) amended 1 April 1990 section 105(1) Defence Act 1990 Section 19(c) amended 1 April 1990 section 105(1) Defence Act 1990
20: Limitation of time within which charges may be dealt with summarily or tried under this Act
1: A charge alleging that a person has committed an offence against this Act may be tried summarily, or otherwise dealt with, under Part 5
1A: Subsection (1) is subject to subsections (2) to (6).
2: Any time during which a person accused of an offence was a prisoner of war, or has been declared by a court of inquiry under section 201
3: Notwithstanding anything to the contrary in this section, where—
a: any person subject to this Act is charged with having committed an offence against section 74
b: the Act constituting that civil offence or, if that Act does not so provide, any other Act provides for a limited period within which a charging document may be filed that period of limitation shall apply in respect of the person charged with having committed an offence against the said section 74
4: A charge alleging that a person who, by virtue of section 18 the Court Martial
a: the charge is referred to the Director of Military Prosecutions within 6 months after the person ceased in fact to be subject to this Act; or
b: the offence is against any of the following provisions of this Act:
i: subsection (1) of section 23
ii: subsection (1) of section 24
iii: section 26
iv: section 32
v: section 33
vi: section 47
vii: section 74
5: A charge alleging that a member of the Armed Forces tried summarily , or otherwise dealt with, under Part 5
a: the person is so tried or dealt with or the charge is referred to the Director of Military Prosecutions within 6 months after the person ceased to be so employed; or
b: the offence is against any of the following provisions of this Act:
i: subsection (1) of section 23
ii: subsection (1) of section 24
iii: section 26
iv: section 32
v: section 33
vi: section 47
vii: section 74
6: A charge alleging that a person has committed an offence against—
a: subsection (1) of section 23
b: subsection (1) of section 24
c: section 26
d: section 32
e: section 33
f: section 47 may be tried by the Court Martial 1950 No 39 s 129; 1950 No 40 s 129; Army Act 1955 s 132 (UK); Air Force Act 1955 s 132 (UK); Naval Discipline Act 1957 s 52 (UK) Section 20(1) substituted 1 July 2009 section 12(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 20(1A) inserted 1 July 2009 section 12(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 20(2) amended 1 July 2009 section 12(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 20(3)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 20(4) amended 1 July 2009 section 12(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 20(4)(a) substituted 1 July 2009 section 12(4) Armed Forces Discipline Amendment Act (No 2) 2007 Section 20(5) amended 1 July 2009 section 12(5) Armed Forces Discipline Amendment Act (No 2) 2007 Section 20(5) amended 1 April 1990 section 105(1) Defence Act 1990 Section 20(5) amended 1 December 1983 Armed Forces Discipline Amendment Act 1981 Section 20(5)(a) substituted 1 July 2009 section 12(6) Armed Forces Discipline Amendment Act (No 2) 2007 Section 20(6) amended 1 July 2009 section 12(3) Armed Forces Discipline Amendment Act (No 2) 2007
21: Person may not be tried under this Act and under the civil law in respect of same act or omission
1: Where under this Act a person—
a: has been charged with an offence before the Court Martial
b: has been charged with an offence before a disciplinary officer the charge was, on investigation, dismissed, or he was
c: has had an offence taken into consideration by the Court Martial he shall not subsequently be charged before a civil court with having committed any offence that is substantially the same as the offence of which he was acquitted, convicted, or found guilty or that is substantially the same as the offence contained in the charge that was dismissed
2: Except as provided in subsection (1), nothing in this Act shall restrict the jurisdiction of a civil court to try a charge alleging that a person subject to this Act has committed an offence against any Act other than this Act.
3: Subsection (4)
a: has been acquitted or convicted by a competent court of ordinary criminal jurisdiction, or by a court-martial or other military tribunal of the armed forces of another State, of an offence against a law in force in the country or place in which that court, court-martial, or tribunal has jurisdiction; or
b: has had an offence taken into consideration by that court, court-martial, or tribunal in sentencing him or her for another offence; or
c: has been found by that court, court-martial, or tribunal to be unfit to stand trial in relation to an offence and the proceedings against that person in the course of which the finding was made have been stayed.
4: The person must not subsequently be charged before the Court Martial or before a disciplinary officer with an offence against this Act that is substantially the same as—
a: the offence of which he or she was acquitted or convicted; or
b: the offence that was taken into consideration; or
c: the offence that was the subject of the stayed proceedings.
5: For the purposes of this section,—
a: a reference to an offence that is substantially the same as another offence is a reference to an offence of which the accused could have been convicted, under this Act or otherwise, on the same facts:
b: a reference to a person having been convicted by the Court Martial includes a reference to a person in respect of whom that court
c: a reference to a person having been convicted by a competent court of ordinary criminal jurisdiction or by a court-martial or other military tribunal of the armed forces of another State includes a reference to a person in respect of whom that court, court-martial, or tribunal found the charge proved but did not convict him or her:
d: a person must not be considered to have had an offence taken into consideration if the sentence passed on him or her is subsequently quashed, or if the decision to take the offence into consideration has been annulled by an appellate court:
e: a person is deemed to have been found guilty of an offence by a disciplinary officer even if the finding made by that officer has been quashed or the punishment imposed and any order made by the officer was quashed or varied on appeal. 1950 No 39 s 63; 1950 No 40 s 63; Army Act 1955 s 133 (UK); Air Force Act 1955 s 133 (UK); Naval Discipline Act 1957 s 129 (UK) Section 21(1) amended 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 21(1)(a) amended 1 July 2009 section 13(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 21(1)(b) amended 1 July 2009 section 13(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 21(1)(b) amended 1 December 1983 Armed Forces Discipline Amendment Act 1981 Section 21(1)(c) amended 1 July 2009 section 13(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 21(3) substituted 1 July 2009 section 13(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 21(4) substituted 1 July 2009 section 13(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 21(5) added 1 July 2009 section 13(3) Armed Forces Discipline Amendment Act (No 2) 2007
22: Persons cannot be tried under this Act for offences already disposed of
1: This section applies if—
a: a person has been charged with having committed an offence against this Act and the charge was, on investigation, dismissed, or he or she was acquitted or found guilty of the offence by a disciplinary officer; or
b: a person has been acquitted or convicted of an offence by the Court Martial; or
c: a person has had an offence taken into consideration by the Court Martial in sentencing him or her for another offence; or
d: the proceedings against a person who was charged with having committed an offence against this Act have been stayed under section 101H
e: a person who was charged with having committed an offence against this Act has been found to be unfit to stand trial and the proceedings against that person in the course of which the finding was made have been stayed.
2: A subsequent charge alleging that the person committed the offence disposed of in the manner referred to in subsection (1) Part 5
3: For the purposes of this section,—
a: if a person was convicted of an offence by the Court Martial or found guilty of an offence by a disciplinary officer and the conviction or finding was quashed on appeal, he or she is deemed to have been acquitted of the offence by the Court Martial or the disciplinary officer, unless a new trial of the charge of having committed that offence was ordered by an appellate court:
b: a person must not be regarded as having had another offence taken into consideration if the sentence passed on him or her is subsequently quashed, or if the decision to take the offence into consideration has been annulled, by an appellate court. Section 22 substituted 1 July 2009 section 14 Armed Forces Discipline Amendment Act (No 2) 2007
2: Offences
Offences involving treachery, cowardice, and looting
23: Aiding the enemy
1: Every person subject to this Act commits an offence, and is liable to imprisonment for life
a: abandons or surrenders any place or any ship, aircraft, or armoured fighting vehicle, that it is his duty to defend or to destroy; or
b: causes the capture or destruction by the enemy of any ship, aircraft, or armoured fighting vehicle of the Armed Forces or of an allied force; or
c: engages in conduct which is likely to imperil the success of any operation against the enemy being carried out by a part of the Armed Forces or by an allied force; or
d: provides the enemy with, or permits or enables the enemy to have access to, supplies of any description whatsoever; or
e: harbours or gives comfort or protection to enemy personnel (other than prisoners in custody); or
f: gives a false signal, message, or other communication, or materially alters or interferes with a signal, message, or other communication; or
g: interferes with any apparatus used for giving a signal, message, or other communication; or
h: when ordered by his superior officer to prepare for or carry out an operation against the enemy, or when otherwise under a duty or under lawful orders to do so, fails to use his utmost efforts to carry those orders into effect or to perform that duty, as the case may be; or
i: having been captured by the enemy, serves with or aids the enemy in the prosecution of hostilities against New Zealand or against the Armed Forces or any allied force.
2: Every person subject to this Act commits an offence, and is liable to imprisonment for life, who, knowingly and without lawful excuse,—
a: abandons or surrenders to the enemy any place, or any ship, aircraft, or armoured fighting vehicle, that it is his duty to defend or to destroy; or
b: causes the capture or destruction by the enemy of any ship, aircraft, or armoured fighting vehicle of the Armed Forces or of an allied force; or
c: engages in conduct which to his knowledge is likely to imperil the success of any operation against the enemy being carried out by a part of the Armed Forces or by an allied force; or
d: provides the enemy with, or permits or enables the enemy to have access to, supplies of any description whatsoever; or
e: harbours or gives comfort or protection to enemy personnel (other than prisoners in custody); or
f: gives a false signal, message, or other communication, or materially alters or interferes with a signal, message, or other communication, so as to be likely to assist the enemy; or
g: interferes with any apparatus used for giving a signal, message, or other communication with the result that the enemy is assisted in the prosecution of hostilities against New Zealand; or
h: when ordered by his superior officer to prepare for or carry out an operation against the enemy, or when otherwise under a duty or under lawful orders to do so, fails to use his utmost efforts to carry those orders into effect or to perform that duty, as the case may be; or
i: having been captured by the enemy—
i: aids the enemy to carry out measures designed to lower the morale of the Armed Forces or any allied force; or
ii: aids the enemy in any other manner whatsoever unless the act is authorised or required by international law or usage. 1950 No 39 ss 24(a), (d)–(i), 25(g); 1950 No 40 ss 24(a), (d)–(i), 25(g); Army Act 1955 s 24 (UK); Air Force Act 1955 s 24 (UK); Naval Discipline Act 1957 ss 2(b)–(e), 3, 5(c) (UK) Section 23(1) amended 26 December 1989 section 5(2) Abolition of the Death Penalty Act 1989
24: Communication with the enemy
1: Every person subject to this Act commits an offence, and is liable to imprisonment for life
a: communicates with or gives intelligence to the enemy; or
b: fails to report any information received by him from or about the enemy that would or might be directly or indirectly useful in the prosecution of hostilities against the enemy.
2: Every person subject to this Act commits an offence, and is liable to imprisonment for life, who—
a: without authority, communicates with or gives intelligence to the enemy; or
b: without lawful excuse, fails to report any information received by him from or about the enemy that to his knowledge would or might be directly or indirectly useful in the prosecution of hostilities against the enemy.
3: For the purposes of this section, the term intelligence 1950 No 39 ss 24(c), 25(d); 1950 No 40 ss 24(c), 25(d); Army Act 1955 s 25 (UK); Air Force Act 1955 s 25 (UK); Naval Discipline Act 1957 s 5(a), (b) (UK) Section 24(1) amended 26 December 1989 section 5(3) Abolition of the Death Penalty Act 1989
25: Unauthorised disclosure of information
Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who knowingly, and with knowledge that he is acting without proper authority, communicates to any other person any official information (as defined in section 78A
a: to prejudice the security or defence of New Zealand; or
b: to prejudice the entrusting of information, being information relating directly or indirectly to the security or defence of New Zealand or otherwise of use or interest to the Armed Forces of New Zealand, to the Government of New Zealand on a basis of confidence by—
i: the government of any other country or any agency of such a government; or
ii: any international organisation. Section 25 substituted 1 January 1986 Armed Forces Discipline Amendment Act 1985
26: Spying in ships or establishments abroad
Every person imprisonment for life Naval Discipline Act 1957 s 93 (UK) Section 26 amended 26 December 1989 Abolition of the Death Penalty Act 1989 Section 26 amended 1 January 1986 Armed Forces Discipline Amendment Act 1985
27: Seduction from duty or allegiance
Every person member of the Armed Forces 1950 No 39 s 27(b); 1950 No 40 s 27(b); Naval Discipline Act 1957 ss 3, 6, 94 (UK) Section 27 amended 1 April 1990 section 105(1) Defence Act 1990 Section 27 amended 1 January 1986 Armed Forces Discipline Amendment Act 1985
28: Cowardly behaviour
Every person subject to this Act commits an offence, and is liable to imprisonment for life, who, when before the enemy, in such a manner as to show cowardice—
a: leaves his post or position or any other place of duty where it is his duty to be; or
b: abandons his weapons or any other equipment in his charge; or
c: by any act or omission, fails to carry out the duty required of him. 1950 No 39 ss 24(a), (b), 25(a), (i); 1950 No 40 ss 24(a), (b), 25(a), (i); Army Act 1955 s 26 (UK); Air Force Act 1955 s 26 (UK); Naval Discipline Act 1957 ss 3, 6 (UK)
29: Offence to create alarm or despondency
1: Every person subject to this Act commits an offence, and is liable to imprisonment for life, who—
a: spreads (either orally, or by writing or by signal, or by any other means whatsoever) any report relating to any war or warlike operations in which the Armed Forces or any allied forces are engaged which to his knowledge is likely to create despondency or unnecessary alarm amongst any persons (not being the enemy); or
b: when before the enemy, uses words which to his knowledge are likely to create despondency or unnecessary alarm amongst any persons (not being the enemy).
2: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 5 years, who, when before the enemy, uses words which create or are likely to create despondency or unnecessary alarm amongst any persons (not being the enemy). 1950 No 39 s 25(e), (f); 1950 No 40 s 25(e), (f); Army Act 1955 s 27 (UK); Air Force Act 1955 s 27 (UK)
30: Offences in relation to capture by the enemy
1: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 10 years, who is captured by the enemy either—
a: as a result of failing to take reasonable precautions; or
b: by reason of wilful neglect of duty.
2: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 5 years, who, having been captured by the enemy, fails to take reasonable steps to rejoin the Armed Forces.
3: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 10 years, who, having been captured by the enemy—
a: with intent to secure favourable treatment for himself from the enemy,—
i: does any act to the detriment of his fellow prisoners; or
ii: omits to do an act with the result that his fellow prisoners are detrimentally affected; or
b: when in a position of authority over other prisoners, ill-treats any of them; or
c: discourages or knowingly prevents any other person subject to this Act from taking reasonable steps to rejoin the Armed Forces. 1950 No 39 ss 24(e), 25(c); 1950 No 40 ss 24(e), 25(c); Naval Discipline Act 1957 s 5(d) (UK)
31: Looting
Every person subject to this Act commits the offence of looting, and is liable to imprisonment for life, who—
a: steals from, or with intent to steal searches, the person of anyone killed, wounded, or captured in the course of any war or warlike operations in which New Zealand is engaged, or killed, injured, or detained in the course of operations undertaken by any service of the Armed Forces for the preservation of law and order or otherwise in aid of the civil power; or
b: steals any property which has been left exposed or unprotected in consequence of any such war or operations as are mentioned in paragraph (a); or
c: appropriates, otherwise than on behalf of Her Majesty the Queen in right of New Zealand, any supplies of any description whatsoever captured from or abandoned by the enemy. 1950 No 39 s 26(2)(a), (b); 1950 No 40 s 26(2)(a), (b); Army Act 1955 s 12 (UK); Air Force Act 1955 s 12 (UK); Naval Discipline Act 1957 s 24 (UK) Offences involving mutiny
32: Mutiny
Every person subject to this Act commits an offence, and is liable to imprisonment for life, who takes part in any mutiny. Section 32 substituted 26 December 1989 section 5(5) Abolition of the Death Penalty Act 1989
33: Failure to suppress or report mutiny
Every person subject to this Act commits an offence, and is liable to imprisonment for life, who, knowing that a mutiny is taking place or is intended,—
a: fails to use his utmost efforts to suppress or prevent the mutiny; or
b: fails to use his utmost efforts to report forthwith that the mutiny is taking place or is intended. 1950 No 39 s 27(c), (d); 1950 No 40 s 27(c), (d); Army Act 1955 s 31 (UK); Air Force Act 1955 s 31 (UK); Naval Discipline Act 1957 s 10 (UK) Offences involving guard duty, violence, and insubordination
34: Offences by or in relation to a person on guard duty or on watch
1: Every reference in this section to a person on guard duty shall be construed as a reference to a person who is ordered to patrol, or who is a member of a guard or other party mounted or ordered to patrol, or who is posted, for the purpose of—
a: protecting any person, place, or premises, or any ship, vehicle, aircraft, weapons, or other equipment or stores; or
b: preventing or controlling entry to or departure from any place, premises, ship, vehicle, or aircraft; or
c: regulating traffic by land, water, or air.
2: Every person subject to this Act commits an offence who, while on guard duty or watch—
a: sleeps at his post or on watch; or
b: not being on duty at a post, sleeps at a time when it is his duty to be awake; or
c: is drunk; or
d: without lawful excuse, leaves his post or otherwise absents himself from a place where it is his duty to be.
3: For the purposes of paragraph (c) of subsection (2), a person is drunk if, owing to the influence of alcohol or a drug (not being a drug administered by, or taken in accordance with the directions of, a person lawfully authorised to administer the drug), whether alone or in combination with each other or in combination with any other circumstances, he is unfit to be entrusted with his duty.
4: Every person who commits an offence against subsection (2) while on active service is liable to imprisonment for life or, if the offence is committed at any other time, to imprisonment for a term not exceeding 2 years.
5: Every person subject to this Act commits an offence who—
a: strikes any person (not being an enemy) who is on guard duty or on watch; or
b: otherwise than by striking, uses force against any person (not being an enemy) who is on guard duty or on watch; or
c: by threat of force, compels any person (not being an enemy) who is on guard duty or on watch to allow him or any other person to pass.
6: Every person who commits an offence against subsection (5) while on active service is liable to imprisonment for a term not exceeding 10 years or, if the offence is committed at any other time, to imprisonment for a term not exceeding 2 years. 1950 No 39 s 26(2)(c)–(g); 1950 No 40 s 26(2)(c)–(g); Army Act 1955 s 29 (UK); Air Force Act 1955 s 29 (UK)
35: Violence to a superior officer
1: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 5 years, who—
a: strikes; or
b: otherwise than by striking, uses violence to; or
c: offers violence to— his superior officer.
2: In any proceedings in respect of a charge for an offence against subsection (1), it is a defence to the charge if the accused proves that he neither knew nor had reasonable cause to believe that the person against whom the offence was alleged to have been committed was his superior officer. 1950 No 39 s 28(a); 1950 No 40 s 28(a); Army Act 1955 s 33 (UK); Air Force Act 1955 s 33 (UK); Naval Discipline Act 1957 s 11 (UK)
36: Insubordinate behaviour
1: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—
a: uses threatening language to his superior officer; or
b: uses insubordinate language to his superior officer; or
c: uses insulting language to his superior officer; or
d: in the presence of his superior officer, behaves with contempt towards him.
2: In any proceedings in respect of a charge for an offence against subsection (1), it is a defence to the charge if the accused proves that he neither knew nor had reasonable cause to believe that the person against whom the offence was alleged to have been committed was his superior officer. 1950 No 39 s 28(b); 1950 No 40 s 28(b); Army Act 1955 s 33 (UK); Air Force Act 1955 s 33 (UK); Naval Discipline Act 1957 s 12(b) (UK)
37: Obstruction of provost officers
1: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—
a: obstructs; or
b: after being called on to do so, refuses to assist— a provost officer while acting in the execution of his duty, or a person (whether subject to this Act or not) lawfully exercising authority under or on behalf of a provost officer.
2: In any proceedings in respect of a charge for an offence against subsection (1), it is a defence to the charge if the accused proves that he neither knew nor had reasonable cause to believe that the person against whom the offence was alleged to have been committed was a provost officer or, as the case may be, a person lawfully exercising authority under or on behalf of a provost officer. 1950 No 39 s 26(3)(c); 1950 No 40 s 26(3)(c); Army Act 1955 s 35 (UK); Air Force Act 1955 s 35 (UK); Naval Discipline Act 1957 s 14 (UK)
38: Disobeying a lawful command
1: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 5 years, who disobeys a lawful command of his superior officer by whatever means communicated to him.
2: In any proceedings in respect of a charge for an offence against subsection (1), it is a defence to the charge if the accused proves that he neither knew nor had reasonable cause to believe that the person against whom the offence was alleged to have been committed was his superior officer. 1950 No 39 s 29; 1950 No 40 s 29; Army Act 1955 s 34 (UK); Air Force Act 1955 s 34 (UK); Naval Discipline Act 1957 s 12(a) (UK) Section 38(2) added 1 January 1986 Armed Forces Discipline Amendment Act 1985
39: Failure to comply with written orders
Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who fails to comply with a lawful order of which he has knowledge or of which he could, with reasonable diligence, have had knowledge—
a: being a Defence Force
b: being a general, standing, daily, or routine order made for any service, force, command, formation, or corps, or any ship or defence area, or any unit, detachment, or other part of the Armed Forces. 1950 No 39 s 31; 1950 No 40 s 31; Army Act 1955 s 36 (UK); Air Force Act 1955 s 36 (UK); Naval Discipline Act 1957 s 7 (UK) Section 39(a) amended 1 April 1990 section 105(1) Defence Act 1990
40: Failure to comply with directions given by the captain of a ship or aircraft
Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 5 years, who, when in or near any ship or aircraft, fails to comply with a lawful direction given to him by or with the authority of the person in command of the ship or aircraft—
a: in relation to the sailing or handling of the ship or flying or handling of the aircraft; or
b: affecting the safety of the ship or aircraft— whether the person in command is a member of the Armed Forces 1950 No 39 s 59(3); 1950 No 40 s 59(3) Section 40 amended 1 April 1990 section 105(1) Defence Act 1990
41: Ill-treatment of person of lower rank
Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—
a: strikes; or
b: otherwise than by striking, ill-treats— any other person subject to this Act who holds a lower rank. 1950 No 39 s 56; 1950 No 40 s 56; Army Act 1955 s 65 (UK); Air Force Act 1955 s 65 (UK); Naval Discipline Act 1957 ss 36, 39 (UK)
42: Cruel or disgraceful conduct
Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—
a: behaves in a cruel manner towards any person, or any animal used for the purposes of the Armed Forces or kept in a state of captivity; or
b: behaves in a disgraceful and indecent manner. 1950 No 39 ss 38(f), 45(e); 1950 No 40 ss 38(f), 45(e); Army Act 1955 s 66 (UK); Air Force Act 1955 s 66 (UK); Naval Discipline Act 1957 ss 36, 37 (UK)
43: Fighting or causing a disturbance
Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 3 months, who—
a: fights any person other than an enemy; or
b: uses threatening, insulting, or provocative language to any person not being an enemy; or
c: causes a disturbance or behaves in a manner likely to cause a disturbance. Naval Discipline Act 1957 s 13 (UK) Offences relating to arrest and escape from custody
44: Resisting arrest
1: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who refuses to obey a member of the Armed Forces
2: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—
a: strikes; or
b: otherwise than by striking, uses violence to; or
c: offers violence to— any member of the Armed Forces member of the Armed Forces
3: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—
a: strikes; or
b: otherwise than by striking, uses violence to; or
c: offers violence to— any person (whether subject to this Act or not) who attempts to arrest him or is holding him in custody pursuant to this Act. 1950 No 39 s 30; 1950 No 40 s 30; Army Act 1955 s 55 (UK); Air Force Act 1955 s 55 (UK) Section 44(1) amended 1 April 1990 section 105(1) Defence Act 1990 Section 44(2) amended 1 April 1990 section 105(1) Defence Act 1990
45: Escape from custody
Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who escapes from custody in which he is being held in accordance with this Act. 1950 No 39 ss 30(d), 43; 1950 No 40 ss 30(d), 43; Army Act 1955 s 56 (UK); Air Force Act 1955 s 56 (UK)
45A: Failure to answer bail
Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 1 year, who, having been released from custody on bail,—
a: fails without reasonable excuse to attend personally at the time and before the military tribunal or the Court Martial Appeal Court specified in the grant of bail; or
b: fails without reasonable excuse to attend personally at any time and place to which, during the course of the proceedings, the hearing has been adjourned Section 45A inserted 1 July 2009 section 15 Armed Forces Discipline Amendment Act (No 2) 2007
46: Permitting the escape of prisoners
1: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 5 years, who, wilfully and without authority, releases or wilfully permits the escape of any person who is committed to his charge or whom it is his duty to guard.
2: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—
a: without authority, releases a person who is committed to his charge or whom it is his duty to guard; or
b: without lawful excuse, permits the escape of a person who is committed to his charge or whom it is his duty to guard; or
c: with intent to facilitate the escape of any person lawfully detained in a prison
i: conveys or causes to be conveyed into any such prison
ii: otherwise facilitates the escape of any person so detained. 1950 No 39 s 41; 1950 No 40 s 41; Army Act 1955 s 54 (UK); Air Force Act 1955 s 54 (UK); Naval Discipline Act 1957 s 17(1) (UK) Section 46(2)(c) amended 1 June 2005 section 206 Corrections Act 2004 Section 46(2)(c)(i) amended 1 June 2005 section 206 Corrections Act 2004 Desertion, absence, and malingering
47: Desertion
1: Every person subject to this Act who deserts commits an offence, and—
a: if the offence is committed on active service or after having been warned for active service, is liable to imprisonment for life; or
b: if the offence is committed at any other time, is liable to imprisonment for a term not exceeding 2 years.
2: For the purposes of this section, the term deserts
a: with intent to remain permanently absent from duty, he leaves or fails to attend at his place of duty without authority; or
b: having left or failed to attend at his place of duty, he behaves in a manner which shows intent to remain permanently absent from duty without authority; or
c: having been warned for active service, he is absent from duty without authority, with intent to avoid that service. 1950 No 39 s 32; 1950 No 40 s 32; Army Act 1955 s 37 (UK); Air Force Act 1955 s 37 (UK); Naval Discipline Act 1957 ss 15, 16 (UK)
48: Absence without leave
Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 12 months, who absents himself without leave. 1950 No 39 s 35; 1950 No 40 s 35; Army Act 1955 s 38 (UK); Air Force Act 1955 s 38 (UK); Naval Discipline Act 1957 s 17 (UK)
49: Avoidance of duty
Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 6 months, who, without reasonable excuse—
a: fails to attend a muster or parade, or for any other service duty; or
b: leaves a muster or parade, or stops performing any other service duty, before he is authorised to do so. Army Act 1955 s 41 (UK); Air Force Act 1955 s 41 (UK)
50: Malingering
1: Every person subject to this Act commits an offence who—
a: falsely represents that he is suffering from any sickness or disability, with intent to avoid service or duty; or
b: injures himself with intent to render or keep himself unfit for service or duty; or
c: with intent to render or keep himself unfit for service or duty, causes or permits some other person to injure him; or
d: with intent to render or keep himself unfit for service or duty, does or fails to do anything by which he produces, prolongs, or aggravates any sickness or disability.
2: Every person who commits an offence against this section is liable—
a: if the offence is committed on active service, to imprisonment for life; or
b: if the offence is committed at any other time, to imprisonment for a term not exceeding 2 years.
3: For the purposes of subsection (1), the term unfit 1950 No 39 s 38(a)–(c); 1950 No 40 s 38(a)–(c); Army Act 1955 s 42 (UK); Air Force Act 1955 s 42 (UK); Naval Discipline Act 1957 s 27 (UK) Offences involving alcohol Heading amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012
51: Drunkenness and being under the influence of drugs
1: Every person subject to this Act who is drunk, whether on duty or not, commits an offence, and—
a: if the offence is committed on active service, is liable to imprisonment for a term not exceeding 2 years; or
b: if the offence is committed at any other time, is liable to imprisonment for a term not exceeding 12 months.
2: For the purposes of subsection (1), a person is drunk if, owing to the influence of alcohol or a drug (not being a drug administered by, or taken in accordance with the directions of, a person lawfully authorised to administer the drug), whether alone or in combination with each other or in combination with any other circumstances, he is unfit to be entrusted with his duty or with any duty that he may be required to perform. 1950 No 39 s 39; 1950 No 40 s 39; Army Act 1955 s 43 (UK); Air Force Act 1955 s 43 (UK); Naval Discipline Act 1957 s 28 (UK)
52: Being in possession of
alcohol
1: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 6 months, who, knowingly and without authority, is in possession of alcohol members of the Armed Forces
2: Where any person is convicted of an offence under subsection (1), the alcohol Chief of Defence Force an appropriate bank account in accordance with the Public Finance Act 1989 1950 No 39 s 40; 1950 No 40 s 40 Section 52(1) heading amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 52(1) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 52(1) amended 1 April 1990 section 105(1) Defence Act 1990 Section 52(2) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 52(2) amended 1 April 1990 section 105(1) Defence Act 1990 False statements, documents, and corruption
53: False statements on appointment or enlistment
Every person commits an offence, and is liable to imprisonment for a term not exceeding 6 months, who, if having become and remaining subject to this Act, at or before the time of his appointment or enlistment to any part of the Armed Forces—
a: knowingly gave a false answer to any question set out in a document required to be completed in connection with his appointment or enlistment; or
b: knowingly gave any false information or document in connection with his appointment or enlistment. 1950 No 39 s 52(a); 1950 No 40 s 52(a); Army Act 1955 s 61 (UK); Air Force Act 1955 s 61 (UK)
54: Official corruption
1: Every person subject to this Act for the time being acting as an official commits an offence, and is liable to imprisonment for a term not exceeding 7 years, who corruptly accepts or obtains, agrees, or offers to accept, or attempts to obtain any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity.
2: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 3 years, who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any person subject to this Act for the time being acting as an official in respect of any act or omission by him in his official capacity.
3: For the purposes of this section— bribe official
a: as an official of a service mess, band, club, canteen, or other service institution; or
b: as a trustee of any unit, mess, or canteen fund, or of any other non-public service fund; or
c: under the control or direction of the Armed Forces Canteen Council. 1950 No 39 ss 26(3)(e), 44; 1950 No 40 ss 26(3)(e), 44
55: Falsification of service documents
1: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—
a: makes or signs an official document knowing that the document is false in a material particular; or
b: makes or signs an entry in an official document knowing that the entry is false in a material particular; or
c: makes an alteration to an official document with intent to render the document false in a material particular; or
d: fails to make an entry in an official document with intent to render the document false in a material particular; or
e: wilfully suppresses, defaces, makes away with, or destroys an official document which he is under a duty to keep or to produce to any person.
2: For the purposes of this section, the term official document 1950 No 39 ss 47, 48; 1950 No 40 ss 47, 48; Army Act 1955 s 62 (UK); Air Force Act 1955 s 62 (UK); Naval Discipline Act 1957 s 35 (UK)
56: False statement in order to obtain benefit
Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 6 months, who, in or in connection with or in support of an application for any service grant, payment, allotment of money, allowance, leave of absence, travel warrant, or any other benefit, either for himself or for some other person (whether that person is subject to this Act or not)—
a: makes to any person any statement, either written or oral, which he knows to be false or misleading in a material particular; or
b: without lawful excuse, fails to disclose any material information that it is his duty to disclose. 1950 No 39 s 52(b); 1950 No 40 s 52(b) Offences relating to property
57: Stealing service property or property of comrade
1: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 7 years, who—
a: steals—
i: any service property; or
ii: any property belonging to a person subject to service law or in which a person subject to service law has a special property or interest; or
b: fraudulently misapplies—
i: any service property; or
ii: any property belonging to a person subject to service law or in which a person subject to service law has a special property or interest.
2: Where any person is charged with an offence against subsection (1), it shall not be necessary to prove the stealing or fraudulent misapplication of any specific amount of money or any specific goods if, as a result of an examination of any accounts or records, it is proved that there is a general deficiency in any amount of money or in any quantity of goods for which the accused was responsible, and it is also proved that the accused stole or fraudulently misapplied the amount of money or quantity of goods which was deficient, or any part of it. 1950 No 39 ss 37, 38(e), 45(a), 59(c); 1950 No 40 ss 37, 38(e), 45(a), 59(c); Army Act 1955 ss 44(1), 45(a) (UK); Air Force Act 1955 ss 44(1), 45(a) (UK); Naval Discipline Act 1957 s 29(a) (UK)
58: Receiving service property or property of comrade
1: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 7 years, who receives—
a: any service property; or
b: any property belonging to a person subject to service law or in which a person subject to service law has a special property or interest— knowing the property to have been stolen or fraudulently misapplied.
2: The provisions of section 246(2) to (5) 1950 No 39 s 38(e); 1950 No 46 s 38(e); Army Act 1955 ss 44(1)(b), 45(b) (UK); Air Force Act 1955 ss 44(1)(b), 45(b) (UK); Naval Discipline Act 1957 s 29(b) (UK) Section 58(2) amended 1 October 2003 section 34 Crimes Amendment Act 2003
59: Unlawful possession of service property or property of comrade
Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 6 months, who, without authority or other lawful excuse, is in possession of—
a: any service property; or
b: any property belonging to a person subject to service law or in which a person subject to service law has a special property or interest.
60: Conversion of vehicles, etc
1: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who, unlawfully and without claim of right
a: any motor vehicle, or other vehicle or carriage of any description, or ship, or aircraft, or aircraft material, which belongs to the Crown or to any person subject to service law or in which any person subject to service law has a special property or interest; or
b: any part of any such vehicle, carriage, ship, aircraft, or aircraft material; or
c: any animal (being an animal capable of being stolen) which belongs to the Crown or to any person subject to service law or in which any person subject to service law has a special property or interest.
2: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who, unlawfully and without claim of right 1950 No 39 s 60(1)(a); 1950 No 40 s 60(1)(a) Section 60(1) amended 1 October 2003 section 34 Crimes Amendment Act 2003 Section 60(2) amended 1 October 2003 section 34 Crimes Amendment Act 2003
61: Destruction of or damage to service property or property of comrade
1: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 10 years, who, without authority or other lawful excuse, wilfully causes or permits damage to or the destruction of—
a: any service property; or
b: any property belonging to a person subject to service law or in which a person subject to service law has a special property or interest.
2: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who negligently causes or permits damage to or the destruction of—
a: any service property; or
b: any property belonging to a person subject to service law or in which a person subject to service law has a special property or interest. 1950 No 39 ss 45(d), 46, 59(1)(a), (b), (e); 1950 No 40 ss 45(d), 46, 59(1)(a), (b), (e); Army Act 1955 ss 44(1)(c), 45(c), 46(a)–(e) (UK); Air Force Act 1955 ss 44(1)(c), 45(c), 46(a)–(e) (UK); Naval Discipline Act 1957 ss 29, 30(1)(b), (2) (UK)
62: Loss of service property
1: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—
a: loses; or
b: wastefully expends— any service property issued for his use or entrusted to his care in connection with his duties.
2: In any proceedings in respect of an offence against subsection (1), it is a defence to the charge if the accused proves that he took reasonable steps for the care and preservation of the property to which the proceedings relate. 1950 No 39 s 45(a), (b); 1950 No 40 s 45(a), (b); Army Act 1955 s 46(a), (e) (UK); Air Force Act 1955 s 46(a), (e) (UK); Naval Discipline Act 1957 ss 30(1)(a), (c), (2), 31(1)(a), (2) (UK)
63: Improper disposal of decorations and issued property
1: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 6 months, who, without the authority of the Minister or the Chief of Defence Force
2: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who, without authority, sells, exchanges, pawns, gives away, or otherwise disposes of any clothing, arms, ammunition, or other equipment issued to him for his own use or for service purposes. 1950 No 39 s 45(c); 1950 No 40 s 45(c); Army Act 1955 s 46(g) (UK); Air Force Act 1955 s 46(g) (UK); Naval Discipline Act 1957 s 31(1)(b) (UK) Section 63(1) amended 1 April 1990 section 105(1) Defence Act 1990 Offences involving ships, aircraft, vehicles, etc
64: Losing or hazarding a ship, aircraft, or armoured fighting vehicle
1: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 10 years, who, while responsible for the navigation, control, operation, or propulsion of a ship, aircraft, or armoured fighting vehicle, wilfully and without authority causes or permits the ship, aircraft, or vehicle, as the case may be, to be lost, stranded, or hazarded.
2: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who, while responsible for the navigation, control, operation, or propulsion of a ship, aircraft, or armoured fighting vehicle, negligently causes or permits the ship, aircraft, or vehicle, as the case may be, to be lost, stranded, or hazarded. 1950 No 39 s 59(1)(a), (b); 1950 No 40 s 59(1)(a), (b); Army Act 1955 s 46(b), (c) (UK); Air Force Act 1955 s 46(b), (c) (UK); Naval Discipline Act 1957 s 19 (UK)
65: Dangerous acts or omissions
1: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 10 years, who, while operating, handling, servicing, or storing a ship, aircraft, armoured fighting vehicle, weapon, missile, explosive, or other dangerous thing, which is used by or is under the control of the Armed Forces or an allied force, wilfully and without authority does or omits any act which to his knowledge is likely to cause loss of life or bodily injury to any person other than an enemy (whether loss of life or bodily injury actually occurs or not).
2: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 5 years, who, while operating, handling, servicing, or storing a ship, aircraft, armoured fighting vehicle, weapon, missile, explosive, or other dangerous thing, which is used by or is under the control of the Armed Forces or an allied force, negligently does or omits any act which he knows, or which having regard to all the circumstances of the case he ought to know, is likely to cause loss of life or bodily injury to any person other than an enemy (whether loss of life or bodily injury actually occurs or not). 1950 No 39 s 59(1)(d); 1950 No 40 s 59(1)(d); Naval Discipline Act 1957 s 20 (UK)
66: Inaccurate certification
Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—
a: gives, makes, or signs; or
b: makes or signs an entry in— a certificate, book, record, or other document relating to any matter affecting the safety or efficiency of a service ship, aircraft, armoured fighting vehicle, field gun, or missile which is inaccurate in a material particular, without having taken reasonable care to ensure the accuracy of the certificate, book, record, document, or entry. 1950 No 39 s 59(2)(a); 1950 No 40 s 59(2)(a); Army Act 1955 s 50 (UK); Air Force Act 1955 s 50 (UK); Naval Discipline Act 1957 s 25 (UK)
67: Offences in relation to the driving of vehicles
1: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who, being the driver of a vehicle, whether service property or not—
a: drives the vehicle in any place, whether public or otherwise, recklessly or at a speed or in a manner which, having regard to all the circumstances of the case, is or might be dangerous to any person or to the property of any person; or
b: drives the vehicle while under the influence of alcohol or of a drug (not being a drug administered by or taken in accordance with the directions of a person lawfully authorised to administer that drug) to such an extent as to be incapable of having proper control of the vehicle.
2: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 3 months, who drives a vehicle (whether service property or not) in any place (whether public or otherwise)—
a: carelessly; or
b: without consideration for persons in or near that place.
3: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 3 months, who uses any service vehicle for an unauthorised purpose. 1950 No 39 s 60(1)(b), (c); 1950 No 40 s 60(1)(b), (c); National Defence Act 1950, ss 101, 102 (Canada) Offences relating to judicial proceedings, etc
68: False accusation
Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—
a: makes an accusation against a person subject to service law knowing that accusation to be false; or
b: in making a complaint claiming that he has been wronged—
i: makes a statement which detrimentally affects the character of a person subject to service law and which he knows to be false; or
ii: suppresses a material fact with intent to affect detrimentally the character of a person subject to service law. 1950 No 39 s 49; 1950 No 40 s 49; Army Act 1955 s 67 (UK); Air Force Act 1955 s 67 (UK)
69: Delay or denial of justice
1: Every person subject to this Act commits an offence who, being under a duty—
a: to take steps to bring any person subject to service law (being a person who is under arrest or in custody for an offence alleged to have been committed against this Act) before the proper authority for investigation of the alleged offence; or
b: to investigate, try summarily, or otherwise deal under Part 5 without lawful excuse, fails to carry out his duty as soon as practicable after that person has been arrested or taken into custody.
2: Every person subject to this Act commits an offence who, being under a duty to release or order the release of a person subject to service law who is in custody, without lawful excuse fails to fulfil that duty.
2A: Every person subject to this Act commits an offence who influences or attempts to influence, by threats or bribes or other improper means, an election under section 117D 117M
3: Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 2 years. 1950 No 39 s 42; 1950 No 40 s 42; Army Act 1955 s 53 (UK); Air Force Act 1955 s 53 (UK); Naval Discipline Act 1957 s 46(1) (UK) Section 69(1)(b) substituted 1 July 2009 section 16(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 69(2A) inserted 1 July 2009 section 16(2) Armed Forces Discipline Amendment Act (No 2) 2007
70: Offences relating to proceedings of military tribunal or court of inquiry
1: Every person who is subject to this Act commits an offence if the person—
a: fails without reasonable excuse to comply with a summons or order to attend as a witness before a military tribunal or court of inquiry; or
b: refuses to swear an oath when required to do so by a military tribunal or court of inquiry; or
c: refuses to produce any papers, documents, records, or things in that person’s possession or under that person’s control that a military tribunal or court of inquiry has lawfully required the person to produce; or
d: being a witness, refuses to answer any question that a military tribunal or court of inquiry has lawfully required the person to answer; or
e: disobeys or evades any order or direction made or given by a military tribunal or court of inquiry in the course of the hearing of any proceedings before it; or
f: wilfully publishes any statement in respect of the proceedings before a military tribunal or court of inquiry that—
i: without foundation states or implies that the military tribunal or court of inquiry has not acted or is not acting impartially; or
ii: is likely to interfere with the proper administration of justice; or
g: insults, threatens, or interferes with a disciplinary officer or any member of the Summary Appeal Court, the Court Martial, or a court of inquiry while the disciplinary officer or member is attending, or is on the way to or from, the proceedings before the disciplinary officer, the Summary Appeal Court, the Court Martial, or the court of inquiry; or
h: insults, threatens, or interferes with any witness or other person under a duty to attend the proceedings before a military tribunal or court of inquiry while the witness or other person is attending, or is on the way to or from, the proceedings; or
i: interrupts the proceedings before a military tribunal or court of inquiry or otherwise misbehaves during the proceedings.
2: A person who commits an offence under subsection (1) is liable to imprisonment for a term not exceeding 6 months.
3: Despite subsection (2), if a person commits an offence against subsection (1)(e) to (i) in relation to the Court Martial, that court
a: in the case of a convicted member of the Armed Forces,—
i: to imprisonment for a term not exceeding 21 days; or
ii: except in the case of an officer, to detention for a term not exceeding 21 days; or
iii: to a fine not exceeding the amount of the person’s basic pay for 28 days; or
b: in the case of any other person subject to this Act, to a fine not exceeding $1,000. Section 70 substituted 1 July 2009 section 17 Armed Forces Discipline Amendment Act (No 2) 2007
71: False evidence
1: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who, having been sworn as a witness or as an interpreter in proceedings before a military tribunal or a court of inquiry
2: A person shall not be liable to be convicted of an offence against this section on the evidence of only 1 witness as to the falsity of any statement alleged to be false. 1950 No 39 s 51; 1950 No 40 s 51; Army Act 1955 s 58 (UK); Air Force Act 1955 s 58 (UK) Section 71(1) amended 1 July 2009 section 18 Armed Forces Discipline Amendment Act (No 2) 2007 Miscellaneous offences
72: Endangering the health of members of the Armed Forces
1: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who, without lawful excuse, refuses or fails to submit himself to medical, surgical, or dental treatment or procedures by a medical practitioner or dental practitioner
a: by a medical or dental officer who is a medical practitioner or dental practitioner
b: by a competent officer acting on the advice of any such medical or dental officer— if any such treatment or procedure, whether preventive, protective, or curative, is stated by the medical or dental officer who gives the order or advice to be, in his opinion, essential in the interests of the health of other members of the Armed Forces, or to be such that refusal or failure to submit thereto would constitute a potential menace to the health of other members of the Armed Forces or would prejudice the operational efficiency of any part of the Armed Forces.
2: In any proceedings in respect of an offence against subsection (1), where the order involves curative surgery, it is a defence to the charge if the accused proves that the provisions of Defence Force Orders relating to the right of a member of the Armed Forces 1950 No 39 s 38(d); 1950 No 40 s 38(d) Section 72(1) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 72(1)(a) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 72(2) amended 1 April 1990 section 105(1) Defence Act 1990
73: Conduct prejudicial to service discipline
1: Every person subject to this Act commits an offence, and is liable to imprisonment for a term not exceeding 2 years, who—
a: does or omits any act that is likely to prejudice service discipline; or
b: does or omits any act that is likely to bring discredit on the service of the Armed Forces to which he belongs or, if he is attached to any such service, either to that service or to the service to which he belongs ; or
c: negligently fails to perform a duty imposed on him or her by service order, training, or custom; or
d: negligently performs a duty imposed on him or her by service order, training, or custom.
2: No person shall be charged with an offence against this section in respect of any act or omission that constitutes an offence against sections 23 to 72 sections 74 to 77 provided that if any person is charged with an offence against this section and is found guilty of the offence, the finding shall not be invalidated by reason only of the charge being in contravention of this subsection, unless it appears that injustice has been done to the person charged by reason of the contravention; but the conduct of the person laying any charge in contravention of this subsection shall not be vindicated by reason of that finding.
3: Despite anything to the contrary in any enactment or rule of law, if a person is charged with an offence against this section, the statement of offence may allege in the alternative 1 or more of the following:
a: that the person behaved in a manner that was likely to prejudice service discipline:
b: that the person behaved in a manner that was likely to bring discredit on the service to which he or she belongs or is attached, as the case may be:
c: that the person has negligently failed to perform a duty imposed on him or her by service order, training, or custom:
d: that the person negligently performed a duty imposed on him or her by service order, training, or custom. 1950 No 39 s 61; 1950 No 40 s 61; Army Act 1955 s 69 (UK); Air Force Act 1955 s 69 (UK); Naval Discipline Act 1957 s 39 (UK) Section 73(1)(b) amended 1 July 2009 section 19(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 73(1)(c) added 1 July 2009 section 19(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 73(1)(d) added 1 July 2009 section 19(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 73(3) substituted 1 July 2009 section 19(2) Armed Forces Discipline Amendment Act (No 2) 2007
74: Offences against the civil law of New Zealand
1: Every person subject to this Act commits an offence against this section who, whether in New Zealand or elsewhere, does or omits any act which would, if done or omitted in New Zealand, be an offence against any Act other than this Act (in this section referred to as a civil offence
2: Every person convicted of an offence against this section is liable to be sentenced in accordance with the following provisions:
a: if the civil offence is punishable by a fixed punishment, he shall be sentenced to that punishment:
b: if the civil offence is punishable by a maximum punishment, he may be sentenced to—
i: a punishment not exceeding that maximum; or
ii: a punishment that, under this Act, is less severe than imprisonment: provided that no person found guilty of an offence against this section shall be liable under this paragraph to a fine exceeding the maximum prescribed in respect of the civil offence.
2A: Notwithstanding anything in subsection (2), no person who is convicted of an offence against this section shall be liable to any punishment of a kind that is not specified in clause 1 clause 1
3: Where a person is charged with an offence against this section and the corresponding civil offence is one in respect of which, if he were tried for the civil offence before a civil court in New Zealand, that court could convict him of a civil offence other than the one charged, he may nevertheless be convicted of an offence against this section in respect of that other civil offence, and may be sentenced to the punishment prescribed in respect of that other civil offence in accordance with the provisions of subsection (2).
4: Except with the consent of the Attorney-General, a person subject to this Act may not be tried by the Court Martial sexual violation
5: Where the corresponding civil offence is murder or manslaughter, an offence against this section shall be deemed, for the purposes of subsection (4), to have been committed at the place of the commission of the act or occurrence of the neglect which caused the death, irrespective of the place of the death.
6: For the purposes of subsections (4) and (5), the term murder 1950 No 39 s 62; 1950 No 40 s 62; Army Act 1955 s 70 (UK); Air Force Act 1955 s 70 (UK); Naval Discipline Act 1957 ss 42, 48 (UK) Section 74(2A) inserted 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 74(4) amended 1 July 2009 section 20 Armed Forces Discipline Amendment Act (No 2) 2007 Section 74(4) amended 27 May 1988 Armed Forces Discipline Amendment Act 1988 Parties, accessories, and attempts
75: Parties to the commission of offences against this Act
1: Every person subject to this Act is a party to an offence against this Act who—
a: actually commits the offence; or
b: does or omits any act for the purpose of aiding any person to commit the offence; or
c: abets any person in the commission of the offence; or
d: incites, counsels, or procures any person to commit the offence; or
e: conspires with 1 or more other persons to commit the offence.
2: If a person subject to this Act aids, abets, incites, counsels, or procures, or conspires with, any person who is not subject to this Act to do or omit any act which would be an offence against this Act if that person were subject to this Act, the act or omission shall, for the purposes of this section, but for no other purpose, be deemed to be an offence against this Act.
3: Where 2 or more persons subject to this Act form a common intention to prosecute an unlawful purpose, and to assist each other in that purpose, and one of them commits an offence against this Act, the other or others of them shall be a party or parties to the offence if the offence was committed in the prosecution of the common purpose and the commission of the offence was known by the last-mentioned person or persons to be a probable consequence of the common purpose.
4: Every person subject to this Act who is, by virtue of paragraphs (b) to (e) of subsection (1), a party to an offence against this Act (whether or not the offence is actually committed) commits an offence, and is liable to imprisonment for a term not exceeding 7 years if the maximum punishment for that offence exceeds 7 years’ imprisonment, and, in any other case, is liable to the same punishment as if he had actually committed the offence.
5: Every person subject to this Act who incites, counsels, or procures any other person subject to this Act to be a party to an offence against this Act of which that other person is afterwards convicted is a party to that offence, although it may have been committed in a way different from that which was incited, counselled, or suggested.
6: Every person subject to this Act who incites, counsels, or procures any other person subject to this Act to be a party to an offence against this Act is a party to every offence which that other person commits in consequence of the incitement, counselling, or procurement, and which the first-mentioned person knew to be likely to be committed in consequence thereof.
7: For the purposes of this section, a person is capable of conspiring with his or her husband, wife, or civil union partner, or with any of them and any other person. Naval Discipline Act 1957 s 41 (UK) Section 75(7) substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005
76: Attempts to commit offences against this Act
1: Every person subject to this Act who, having an intent to commit an offence against any provision of this Act, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
2: The question as to whether an act done or omitted with intent to commit an offence against this Act is or is not only preparation for the commission of that offence, and too remote to constitute an attempt to commit it, is a question of law.
3: An act done or omitted with intent to commit an offence against this Act may constitute an attempt if it is immediately or proximately connected with the intended offence, whether or not there was any act unequivocally showing intent to commit that offence.
4: Every person who is convicted of an attempt to commit an offence against this Act is liable to the same punishment as if that person had actually committed the offence. Naval Discipline Act 1957 s 40 (UK) Section 76(4) substituted 26 December 1989 section 5(6) Abolition of the Death Penalty Act 1989
77: Accessories after the fact
1: Every person subject to this Act commits an offence who is an accessory after the fact to any other offence against this Act, and—
a: if the maximum punishment for that other offence is
b: in any other case, is liable to not more than half the maximum to which he could have been liable if he had committed that other offence.
2: For the purposes of this section, an accessory after the fact to an offence is one who, knowing any person to have been a party to the offence, receives, comforts, or assists that person or tampers with or actively suppresses any evidence against him, in order to enable him to escape after arrest or to avoid arrest or conviction.
3: No person subject to this Act who is married or in a civil union and whose spouse or civil union partner has been a party to an offence becomes an accessory after the fact to that offence by doing any act to which this section applies in order to enable the spouse or civil union partner (or the spouse, civil union partner, and any other person who has been a party to the offence) to escape after arrest or to avoid arrest or conviction. Section 77(1)(a) amended 26 December 1989 section 5(7) Abolition of the Death Penalty Act 1989 Section 77(3) substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005
3: Jurisdiction of
Court Martial Part 3 heading amended 1 July 2009 section 21 Armed Forces Discipline Amendment Act (No 2) 2007
78: Jurisdiction of
Court Martial Subject to the provisions of this Act, the Court Martial has Army Act 1955 s 85(1) (UK); Air Force Act 1955 s 85(1) (UK); Naval Discipline Act 1957 s 48(1) (UK) Section 78 heading amended 1 July 2009 section 22(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 78 amended 1 July 2009 section 22(2) Armed Forces Discipline Amendment Act (No 2) 2007
79: Court Martial Where the Court Martial Court provided that the sentence may, subject to the provisions of this Act, include more than 1 of the punishments prescribed by Schedule 2 SR 1951/255 r 92; SR 1951/256 r 92 Section 79 heading amended 1 July 2009 section 23(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 79 amended 1 July 2009 section 23(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 79 amended 1 July 2009 section 23(3) Armed Forces Discipline Amendment Act (No 2) 2007
80: Discretion of
Court Martial
1: Where under this Act a person is liable on conviction by the Court Martial Court Schedule 2
2:
3: No officer may be sentenced by the Court Martial 1950 No 39 s 64(3); 1950 No 40 s 64(3); Naval Discipline Act 1957 s 43 (UK) Section 80 heading amended 1 July 2009 section 24(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 80(1) amended 1 July 2009 section 24(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 80(1) amended 1 July 2009 section 24(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 80(2) repealed 26 December 1989 section 5(1) Abolition of the Death Penalty Act 1989 Section 80(3) substituted 1 December 1983 Armed Forces Discipline Amendment Act 1980 Section 80(3) amended 1 July 2009 section 24(4) Armed Forces Discipline Amendment Act (No 2) 2007
81: Consent of Governor-General required before sentence of death can be carried out
Section 81 repealed 26 December 1989 section 5(1) Abolition of the Death Penalty Act 1989
81A: Effect of period spent in custody
before being sentenced
1: In determining the length of any sentence of imprisonment or detention the Court Martial has been held in custody
2: This section shall not apply in respect of any time spent in custody that is unrelated to any charge before the Court Martial
3: In this section, the term custody Section 81A inserted 27 May 1988 Armed Forces Discipline Amendment Act 1988 Section 81A heading amended 27 September 2001 section 3(1) Armed Forces Discipline Amendment Act 2001 Section 81A(1) amended 1 July 2009 section 25(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 81A(1) amended 27 September 2001 section 3(2) Armed Forces Discipline Amendment Act 2001 Section 81A(2) amended 1 July 2009 section 25(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 81A(2) amended 27 September 2001 section 3(3) Armed Forces Discipline Amendment Act 2001
82: Dismissal from service and reduction in rank
1: Subject to the provisions of this Part, every officer sentenced by the Court Martial
2: Where a rating, soldier, or airman is sentenced by the Court Martial
3: Where a non-commissioned officer is sentenced by the Court Martial
4:
5: If a member of the Armed Forces and any further sentence of imprisonment or detention imposed in accordance with subsection (1) or subsection (4) of section 178 1950 No 39 ss 64(7), (8), 141(2); 1950 No 40 ss 64(7), (8), 141(2); Army Act 1955 ss 71(7), 72(5), (6) (UK); Air Force Act 1955 ss 71(7), 72(5), (6) (UK); Naval Discipline Act 1957 ss 7, 44(1)–(4) (UK) Section 82(1) amended 1 July 2009 section 26(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 82(2) amended 1 July 2009 section 26(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 82(3) substituted 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 82(3) amended 1 July 2009 section 26(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 82(4) repealed 1 July 2009 section 26(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 82(5) amended 1 April 1990 section 105(1) Defence Act 1990 Section 82(5) amended 1 January 1986 Armed Forces Discipline Amendment Act 1985
83: Maximum term of detention
In no case shall any person be sentenced by the Court Martial Naval Discipline Act 1957 s 44(4) (UK) Section 83 amended 1 July 2009 section 27 Armed Forces Discipline Amendment Act (No 2) 2007
84: Reduction in rank and forfeiture and stay of seniority of service
1: If the Court Martial member of the Armed Forces
2: Where the Court Martial member of the Armed Forces
3: Subsections (1) and (2), so far as they are applicable and with any necessary modifications, apply to a reduction in rank or stay of seniority imposed on a person under Part 5 5A 1950 No 39 s 64(1)(e), (f), (2)(e), (f), (11); 1950 No 40 s 64(1)(e), (f), (2)(e), (f), (11); Naval Discipline Act 1957 s 44(7) (UK) Section 84(1) amended 1 July 2009 section 28(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 84(1) amended 1 April 1990 section 105(1) Defence Act 1990 Section 84(2) amended 1 July 2009 section 28(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 84(2) amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 84(3) added 1 July 2009 section 28(2) Armed Forces Discipline Amendment Act (No 2) 2007
85: Punishment by fine
1: Every fine imposed for an offence against this Act shall be a specified amount of money.
2: Any fine imposed for an offence against this Act may be recovered from the offender—
a: if he is a member of the Armed Forces
b: in the case of any other person subject to this Act who is paid by the Crown in right of New Zealand, by means of deductions from his salary or wages, or from any other emoluments payable to him.
3: Except when imposing punishment on a person convicted of a civil offence under section 74 the Court Martial
a: in the case of a member of the Armed Forces
b: in the case of any other person, $3,000
4: Subsections (1) and (2), so far as they are applicable, apply to a fine imposed on a person by any military tribunal. 1950 No 39 s 64(1)(h), (2)(h); 1950 No 40 s 64(1)(h), (2)(h); SR 1951/272 rr 66(2), 67(1)(c); SR 1968/233 rr 14(c), 15(1)(c); Naval Discipline Act 1957 s 43(1)(i) (UK) Section 85(2)(a) amended 1 April 1990 section 105(1) Defence Act 1990 Section 85(3) amended 1 July 2009 section 29(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 85(3)(a) amended 1 April 1990 section 105(1) Defence Act 1990 Section 85(3)(b) amended 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 85(4) added 1 July 2009 section 29(2) Armed Forces Discipline Amendment Act (No 2) 2007
86: Compensation for loss of or damage to property
1: Subject to the provisions of this section, on convicting any person for an offence against this Act, the Court Martial emotional harm, or for any
2: Where on the arrest of the offender any money was found in his possession, the Court Martial
3: The provisions of sections 85 185
3A: When determining the amount of compensation to be paid, the Court Martial must take into account any offer, agreement, response, measure, or action as described in section 10
4: Except as provided in subsection (2), the total amount of compensation awarded by the Court Martial
a: in the case of a member of the Armed Forces
b: in the case of any other person, $1,000
5: Any order under this section shall not affect the right of any person to recover by civil proceedings any sum in excess of the amount recovered under the order. Naval Discipline Act 1957 s 76 (UK) Section 86(1) amended 1 July 2009 section 30(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 86(1) amended 7 May 1999 section 3 Armed Forces Discipline Amendment Act 1999 Section 86(2) amended 1 July 2009 section 30(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 86(3A) inserted 1 July 2009 section 30(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 86(4) amended 1 July 2009 section 30(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 86(4)(a) amended 1 April 1990 section 105(1) Defence Act 1990 Section 86(4)(b) amended 1 January 1986 Armed Forces Discipline Amendment Act 1985
87: Restitution of property
1: Where the Court Martial sections 57 to 60 section 74 Court
2: If any property (other than money) that Court Martial Court
3: Where an order is made under subsection (1), and it appears to the Court Martial Court subsections (2) to (5) of section 86
4: Where anyone is convicted of an offence against sections 57 to 60 Court Martial Court Court Court provided that before an order is made for the delivery of the property without payment to the pawnbroker, he shall be given the opportunity to be heard.
5: If the person in whose favour any order under subsection (4) is made thereby obtains delivery or possession of the property, he shall not afterwards question the validity of the pawn.
6: Except as provided in subsection (5), no order made under this section shall have any further effect than to change possession of the property; and no such order shall prejudice any right of property, or any right of action in respect of any property, existing or acquired in it either before or after the offence was committed.
7: Subsections (4) and (5) shall apply only in respect of pawnbrokers carrying on business in New Zealand, or in places over which New Zealand is for the time being exercising sovereignty, or in respect of pawnbrokers over which New Zealand or the Armed Forces or any part of the Armed Forces has jurisdiction by virtue of any treaty or agreement with the country in which the pawnbrokers are carrying on business. 1950 No 39 s 135; 1950 No 40 s 135; Army Act 1955 s 138(1)–(8) (UK); Air Force Act 1955 s 138(1)–(8) (UK); Naval Discipline Act 1957 s 76 (UK) Section 87(1) amended 1 July 2009 section 31(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 87(1) amended 1 July 2009 section 31(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 87(2) amended 1 July 2009 section 31(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 87(2) amended 1 July 2009 section 31(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 87(2) amended 1 December 1983 Armed Forces Discipline Amendment Act 1980 Section 87(3) amended 1 July 2009 section 31(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 87(3) amended 1 July 2009 section 31(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 87(4) amended 1 July 2009 section 31(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 87(4) amended 1 July 2009 section 31(3) Armed Forces Discipline Amendment Act (No 2) 2007
87A: Suspension of compensation and restitution orders made by
Court Martial
1: Where the Court Martial section 86 section 87 section 152(1)
a: the completion of such proceedings; or
b: the expiration of such period; or
c: the giving of such consent; or
d: the occurrence of such event or circumstance— as may be so prescribed.
2: Without limiting section 160 section 19 Court Martial
3: Subsection (1), with any necessary modifications, applies to—
a: a finding of guilty made by a disciplinary officer, being a finding to which section 152(1)
b: an order for compensation or restitution made by a disciplinary officer under section 86 87
4: If the operation of an order for compensation or restitution or the operation of section 152(1)
5: Subsection (4) does not limit section 134 Section 87A inserted 1 December 1983 Armed Forces Discipline Amendment Act 1980 Section 87A heading amended 1 July 2009 section 32(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 87A(1) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 87A(1) amended 1 July 2009 section 32(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 87A(2) amended 1 July 2009 section 32(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 87A(3) added 1 July 2009 section 32(4) Armed Forces Discipline Amendment Act (No 2) 2007 Section 87A(3)(a) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 87A(4) added 1 July 2009 section 32(4) Armed Forces Discipline Amendment Act (No 2) 2007 Section 87A(4) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 87A(5) added 1 July 2009 section 32(4) Armed Forces Discipline Amendment Act (No 2) 2007
4: Arrest and search
88: Arrest without warrant
1: A member of the Armed Forces
a: he finds the person committing an offence against this Act; or
b: he has reasonable grounds to suspect that the person is committing or has committed such an offence.
2: For the purposes of this section—
a: an officer is empowered to arrest—
i: a rating, soldier, or airman; or
ii: an officer who is not his superior officer; or
iii: any officer (though of higher rank), if the offence or suspected offence is mutiny or the officer is behaving in a disorderly or violent manner:
b: a non-commissioned officer is empowered to arrest—
i: a rating, soldier, or airman who is not his superior officer; or
ii: any rating, soldier, or airman (though of higher rank) if the offence or suspected offence is mutiny or the rating, soldier, or airman is behaving in a disorderly or violent manner:
c: a provost officer, or a person lawfully exercising authority under or on behalf of a provost officer, is empowered to arrest any person subject to this Act: provided that an officer may be arrested under paragraph (c) only by or on the order of a provost officer.
3: In the exercise of his power of arrest over a person, a member of the Armed Forces
a: arrest the person himself; or
b: order that person into arrest; or
c: give an order for that person’s arrest,— and it shall be the duty of every member of the Armed Forces
4: A member of a force of another State that is for the time being declared to be serving together with a New Zealand force under section 23B 1950 No 39 s 65; 1950 No 40 s 65; Army Act 1955 s 74 (UK); Air Force Act 1955 s 74 (UK); Naval Discipline Act 1957 s 45 (UK) Section 88(1) amended 1 April 1990 section 105(1) Defence Act 1990 Section 88(3) amended 1 April 1990 section 105(1) Defence Act 1990 Section 88(4) added 1 July 2004 section 26 Visiting Forces Act 2004
89: Arrest under warrant
1: Where the commanding officer of any person subject to this Act, or an officer superior in command to that officer, has reasonable grounds to suspect that that person has committed an offence against this Act, that commanding officer or officer superior in command, as the case may be, may issue a warrant for the arrest of that person.
2: Every warrant issued under subsection (1) shall specify the name of the person to be arrested and the offence that he is alleged to have committed.
3: A constable
4: On making any such arrest, the constable
5: Any such warrant may be addressed to all constables
6: Any such warrant may be executed by a constable
7: The provisions of this section are in addition to those of sections 90 to 92 1950 No 39 s 66; 1950 No 40 s 66; Naval Discipline Act 1957 s 103 (UK) Section 89(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 89(4) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 89(5) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 89(6) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
89A: Arrest of members of visiting forces
1: If the officer commanding a visiting force has reasonable grounds to suspect that a member of the force, a member of its civilian component, or a dependant has committed an offence against the service law of the sending State, the officer may issue a warrant for the arrest of that person.
2: If a warrant is issued under subsection (1),—
a: subsections (2), (3), (5), and (6) of section 89
b: the warrant must specify the maximum punishment for the offence under the service law of the sending State.
3: A constable
4: The provisions of this section are in addition to those of section 92A Section 89A inserted 1 July 2004 section 26 Visiting Forces Act 2004 Section 89A(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
90: Arrest of spies, etc, abroad
1: Where any provost officer or any other member of the Armed Forces section 26 section 27
2: On making an arrest under subsection (1), the provost officer, member of the Armed Forces Naval Discipline Act 1957 s 95 (UK) Section 90(1) amended 1 April 1990 section 105(1) Defence Act 1990 Section 90(2) amended 1 April 1990 section 105(1) Defence Act 1990
91: Arrest of person unlawfully at large
1: Where a constable
2: Where any person serving a sentence of imprisonment or detention imposed under this Act has been temporarily released from that imprisonment or detention in accordance with orders issued by or under the authority of the Chief of Defence Force constable constable
3: On making any such arrest, the constable 1950 No 39 s 73(6); 1950 No 40 s 73(6); Naval Discipline Act 1957 s 104 (UK) Section 91(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 91(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 91(2) amended 1 April 1990 section 105(1) Defence Act 1990 Section 91(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
92: Arrest of deserters and absentees
1: Where a constable member of the Armed Forces member
2: On making an arrest under subsection (1), the constable member 1950 No 39 s 67(a); 1950 No 40 s 67(a); Army Act 1955 s 186 (UK); Air Force Act 1955 s 186 (UK); Naval Discipline Act 1957 s 105 (UK) Section 92(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 92(1) amended 1 April 1990 section 105(1) Defence Act 1990 Section 92(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 92(2) amended 1 April 1990 section 105(1) Defence Act 1990
92A: Arrest of deserters from other armed forces
1: If the Government of a State has specifically requested that a person (other than a New Zealand citizen) who is alleged to be illegally absent from the armed forces of the State be apprehended or dealt with under this section by New Zealand authorities,—
a: a warrant for the arrest of the person may be issued under section 89
b: section 89
c: the warrant must specify the maximum punishment for the offence under the service law of the sending State.
2: A person who is delivered into service custody under a warrant issued under subsection (1) must, as soon as practicable, be handed over to the authorities of the other State at such place in New Zealand as may be agreed.
3: The authorities of the other State into whose custody a person is delivered under this section may detain the person and may remove the person from New Zealand, but nothing in this subsection limits any other powers that the authority may have in relation to the person.
4: Section 101(3) to (5) Section 92A inserted 1 July 2004 section 26 Visiting Forces Act 2004 Section 92A(4) amended 7 July 2010 section 5 Armed Forces Discipline Amendment Act 2010
93: Detention in civil custody of arrested persons
1: Notwithstanding anything to the contrary in sections 89 89A 91 92 92A constable
2: Where a person is in service custody when charged with, or with a view to his being charged with, an offence against this Act, it shall be the duty of the prison manager prison
3: The provisions of subsection (1), with the necessary modifications, apply to any person arrested under section 89A section 92A
4: The provisions of subsection (2), with the necessary modifications, apply to a member of a visiting force, a member of its civilian component, or a dependant who is in the custody of a visiting force when charged with, or with a view to being charged with, an offence against the service law of the sending State. Army Act 1955 ss 190, 202 (UK); Air Force Act 1955 ss 190, 202 (UK); Naval Discipline Act 1957 s 103 (UK) Section 93(1) amended 1 July 2004 section 26 Visiting Forces Act 2004 Section 93(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 93(2) amended 1 June 2005 section 206 Corrections Act 2004 Section 93(3) added 1 July 2004 section 26 Visiting Forces Act 2004 Section 93(4) added 1 July 2004 section 26 Visiting Forces Act 2004
93A: Detention in service custody of person charged by civil authority
1: In this section— treaty treaty country
2: This section applies to every case where any person subject to this Act (in this section referred to as the defendant)—
a: is to be tried for an offence by any court of competent jurisdiction in a treaty country, and, by virtue of the treaty or of any order of the court made in accordance with the terms of the treaty, the defendant is to be held in service custody pending his trial; or
b: is to be tried for an offence by any court of competent jurisdiction in New Zealand or elsewhere, and the court has ordered the release of the defendant from civil custody pending his trial on an undertaking given by any person authorised in that behalf in accordance with Defence Force
3: In any case to which this section applies, the defendant may be arrested and delivered into service custody, and detained in service custody pending his trial.
4: Nothing in subsections (3) to (7) of section 101
5: Except as provided in subsection (4), the provisions of this Part, with all necessary modifications, shall apply where any person is arrested, delivered into service custody, and detained in service custody under this section. Section 93A inserted 1 December 1983 Armed Forces Discipline Amendment Act 1981 Section 93A(2)(b) amended 1 April 1990 section 105(1) Defence Act 1990
93B: Detention in service custody of members of visiting force
1: A person to whom this subsection applies may be delivered into service custody and detained in service custody pending his or her trial.
2: Subsection (1) applies to a member of a visiting force, a member of its civilian component, or a dependant who has been arrested for an offence against—
a: the service law of the sending State; or
b: the law of New Zealand.
3: The provisions of subsections (3) to (7) of section 101 Section 93B inserted 1 July 2004 section 26 Visiting Forces Act 2004
93C: Police not to deliver custody of arrested person without consent of Minister of Justice in certain cases
1: This section applies if a person is arrested or held in custody by the Police under section 89A section 92A section 93B
a: a sentence of death; or
b: a punishment that would, if carried out by a member of the Armed Forces of New Zealand, constitute an offence against the Crimes of Torture Act 1989
2: If this section applies, the Police must not deliver that person into the custody of the visiting force or, as the case may be, the authorities of the other State without the written consent of the Minister of Justice. Section 93C inserted 1 July 2004 section 26 Visiting Forces Act 2004
94: Reasonable force may be used to arrest or search
Where any person arrests or searches any person pursuant to this Act, he may use only such force as may be reasonably necessary to carry out the arrest or search.
95: Search in connection with suspected offence
1: If a commanding officer has reasonable grounds to suspect that a person subject to this Act has in his possession any property which has been unlawfully obtained or any article or thing which is or may be evidence relating to the commission of an offence (whether against this Act or otherwise), the commanding officer may—
a: detain and search that person; or
b: search any premises within the limits of his command occupied or used by that person; or
c: take possession of any property or any article or thing previously referred to in this subsection, in which event the property, article, or thing shall, subject to this section, be disposed of in accordance with section 99
2: The powers conferred on a commanding officer by subsection (1) may be exercised by him personally or by any person authorised or ordered by him in that behalf.
3: Where any person is authorised or ordered by or under this section to search any premises, he may, so far as it is necessary to do so (but no further), break into those premises and seize any property or any article or thing referred to in subsection (1), and for that purpose may break open any container found on those premises which he has reasonable grounds to suspect contains any such property, article, or thing.
4: Where, as the result of a search of premises, a person has suffered economic loss by reason of damage to or destruction or loss of any property belonging to him or in which he has a special property or interest, and—
a: no evidence of an offence against this Act is found; or
b: the suspected offender is acquitted or not proceeded against; or
c: the property belongs to a person other than the suspected offender; or
d: a person other than the suspected offender has a special property or interest in the property— the Chief of Defence Force
5: For the purposes of this section, the term premises Section 95(4) amended 1 April 1990 section 105(1) Defence Act 1990
96: Searches to prevent smuggling, etc
1: Where any commanding officer has, in order to discourage smuggling, or trafficking in duty-free goods or in controlled drugs controlled drugs member of the Armed Forces member
a: any person subject to this Act (including any clothing or any other article of any description worn by him) who is within the checking area or about to pass through the checkpoint, as the case may be; or
b: any ship, vehicle, or aircraft, or any container, receptacle, or parcel, or any other thing whatsoever, that is in the possession or under the control of any such person who is within the checking area or about to pass through the checkpoint.
2: If on any such search a member of the Armed Forces controlled drugs section 99 Section 96(1) amended 1 April 1990 section 105(1) Defence Act 1990 Section 96(1) amended 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 96(2) amended 1 April 1990 section 105(1) Defence Act 1990 Section 96(2) amended 27 May 1988 Armed Forces Discipline Amendment Act 1988
97: Customary powers of search not affected
The powers conferred on commanding officers by sections 95 96
98: Search of person in service custody, etc
1: Where any person has been arrested in accordance with this Act, the person making the arrest, or any person acting under his direction, may search the arrested person and take from him any thing found on him or in his possession.
2: Where any person subject to this Act is in service custody, a provost officer, or any other member of the Armed Forces other member of the Armed Forces
3: Subject to subsection (4), where an officer is to be searched pursuant to this Part, that search may be carried out only by or on the order of another officer.
4: Where a woman is to be searched pursuant to this Part, that search may be carried out only by another woman; and where a man is to be searched pursuant to this Part, that search may be carried out only by another man. Section 98(2) amended 1 April 1990 section 105(1) Defence Act 1990
99: Disposal of property taken in search
1: Where any property is taken from the possession of any person as the result of a search carried out under this Part, the following provisions shall apply:
a: if the property is not required as evidence in proceedings in respect of an offence against this Act, or if the Court Martial or, as the case may be, a disciplinary officer
b: subject to section 87 section 52 the Court Martial or, as the case may be, a disciplinary officer court Court Chief of Defence Force a Crown Bank Account provided that if it would, apart from this section, be unlawful to sell the property, or if it appears to the Chief of Defence Force
2: An order of forfeiture made under subsection (1)(b) must be treated, for the purposes of—
a: Part 5A
b: an appeal to the Court Martial Appeal Court, as part of the sentence imposed on the offender. Section 99(1)(a) amended 1 July 2009 section 33(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 99(1)(b) amended 1 July 2009 section 33(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 99(1)(b) amended 1 July 2009 section 33(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 99(1)(b) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 99(1)(b) amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 99(1) proviso amended 1 April 1990 section 105(1) Defence Act 1990 Section 99(2) substituted 1 July 2009 section 33(3) Armed Forces Discipline Amendment Act (No 2) 2007
100: Duty of persons arresting
Where a person subject to this Act has been placed under arrest pursuant to this Part, the person ordering the arrest, or, if no such order has been given, the person making the arrest, shall ensure that, as soon as practicable after the arrest, and in any event not later than 24 hours thereafter, the person arrested is informed of the offence for which the arrest was made.
101: Delay in dealing with person after arrest
1: Where any person has been committed to service custody, the person who committed him shall cause to be delivered at the time of the committal, or, if it is not practicable to do so at that time, not later than 24 hours afterwards, to the person to whose custody the arrested person has been committed a report signed by himself stating the offence that the arrested person is alleged to have committed.
2: The person to whose custody any such arrested person is committed shall, as soon as practicable after the time of committal, or, if it is not practicable to do so at that time, not later than 24 hours afterwards, notify in writing to the officer to whom it is his duty to report—
a: so far as may be known to him,—
i: the name of the arrested person and the offence that he is alleged to have committed; and
ii: the name and the rank or other description of the person who is making the allegation; and
b: if he has received it, the report required by subsection (1).
3: Where a person subject to this Act has been placed under arrest in respect of any alleged offence, his commanding officer shall, within 48 hours after the arrest, unless it is impracticable to do so, ensure either—
a: that proceedings for the hearing and determination of the allegation are set in motion; or
b: that he is released from arrest.
4: If any person subject to this Act remains in service custody after the expiration of 4 days from the date of his or her arrest without the alleged offence being referred to the Director of Military Prosecutions for trial by the Court Martial or without him or her being tried summarily, or otherwise dealt with, under Part 5
5: The commanding officer must make a report in writing to the Judge Advocate General stating the reasons for the delay at the conclusion of each subsequent period of 8 days, if the person is still held in service custody without the alleged offence being referred to the Director of Military Prosecutions for trial by the Court Martial or without him or her being tried summarily, or otherwise dealt with, under Part 5
6:
7: 1950 No 39 s 65; 1950 No 40 s 65; Army Act 1955 s 75 (UK); Air Force Act 1955 s 75 (UK); Naval Discipline Act 1957 s 46 (UK) Section 101(4) substituted 1 July 2009 section 34 Armed Forces Discipline Amendment Act (No 2) 2007 Section 101(5) substituted 1 July 2009 section 34 Armed Forces Discipline Amendment Act (No 2) 2007 Section 101(6) repealed 1 July 2009 section 34 Armed Forces Discipline Amendment Act (No 2) 2007 Section 101(7) repealed 1 July 2009 section 34 Armed Forces Discipline Amendment Act (No 2) 2007
101A: Judge Advocate General may grant bail pending trial
1: This section applies to a person in service custody in relation to whom the Judge Advocate General has received a report under section 101
2: The person in service custody is not entitled to bail as of right.
3: The Judge Advocate General may—
a: grant bail to the person in service custody:
b: impose any conditions of bail that the Judge Advocate General thinks fit.
4: In determining whether to grant bail under this section, the Judge Advocate General—
a: must take into account the considerations set out in section 8(1)
i: the seriousness of the alleged offence:
ii: whether there are urgent and exceptional circumstances that favour the grant of bail:
iii: the effect on service discipline of remanding the person on bail; and
aa: must take into account any views of a victim to which Part 10A section 198D
b: may take into account the considerations set out in section 8(2)
c: must not grant bail unless satisfied on the balance of probabilities that it would be in the interests of justice in the particular case to do so. Section 101A inserted 1 July 2009 section 35 Armed Forces Discipline Amendment Act (No 2) 2007 Section 101A(4)(a) amended 30 November 2018 section 6(1) Military Justice Legislation Amendment Act 2018 Section 101A(4)(a) amended 5 December 2013 section 4 Armed Forces Discipline Amendment Act 2013 Section 101(4)(aa) inserted 30 November 2018 section 6(2) Military Justice Legislation Amendment Act 2018
101B: Issue of warrant to arrest person absconding or breaching bail condition
1: A Judge may issue a warrant in the prescribed form for the arrest of a person who has been released on bail under section 101A
a: the Judge is satisfied by evidence on oath that—
i: for the person has absconded or is about to abscond for the purpose of evading justice; or
ii: the person has contravened or failed to comply with any condition of bail; or
b: the person—
i: does not attend personally at the time and place specified in the grant of bail; or
ii: does not attend personally at any time and place to which, during the course of the proceedings, the hearing has been adjourned.
2: The warrant—
a: must be directed to every provost officer and every constable
b: may be executed by—
i: a provost officer:
ii: a person lawfully exercising authority under or on behalf of a provost officer:
iii: a constable
3: For the purpose of executing the warrant, a person referred to in subsection (2)(b) may, at any time, enter on to any premises, by force if necessary, if he or she has reasonable grounds to believe that the person against whom the warrant is issued is on those premises.
4: The person 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 one of the persons referred to in subsection (2)(b). Section 101B inserted 1 July 2009 section 35 Armed Forces Discipline Amendment Act (No 2) 2007
101C: Person arrested under warrant for absconding or breaching bail condition must be brought before Judge Advocate General
1: A person who is arrested under a warrant issued under section 101B
2: The Judge Advocate General must reconsider the question of bail if satisfied that the person—
a: had absconded or was about to abscond; or
b: had contravened or failed to comply with any condition of bail. Section 101C inserted 1 July 2009 section 35 Armed Forces Discipline Amendment Act (No 2) 2007
101D: Restrictions in relation to midshipmen, officer cadets, and chaplains
1: A midshipman, an officer cadet, or a chaplain may not—
a: exercise the powers of arrest conferred by section 88 90
b: issue or execute a warrant for arrest under section 89
2: A chaplain may not be—
a: ordered to arrest a person subject to this Act under any of sections 88 89 90
b: ordered to carry out a search under section 96
c: directed to search any arrested person under section 98
3: A chaplain may not be authorised or ordered by a commanding officer to exercise any of the powers conferred on a commanding officer by section 95(1) Section 101D inserted 1 July 2009 section 35 Armed Forces Discipline Amendment Act (No 2) 2007
4A: Director of Military Prosecutions
Part 4A inserted 1 July 2009 section 36 Armed Forces Discipline Amendment Act (No 2) 2007
101E: Appointment of Director of Military Prosecutions
1: The Governor-General may, by warrant, appoint the Director of Military Prosecutions.
2: A person must not be appointed under subsection (1) unless he or she—
a: is an officer; and
b: has held a practising certificate as a barrister or solicitor of the High Court for at least 7 years.
3: The Chief of Defence Force must arrange for notice of an appointment under subsection (1) to be published in the Gazette Section 101E inserted 1 July 2009 section 36 Armed Forces Discipline Amendment Act (No 2) 2007
101F: Functions and duties of Director of Military Prosecutions
The functions and duties of the Director of Military Prosecutions are—
a: to determine whether an accused is to be committed for trial in the Court Martial:
b: to decide on what charge an accused should be tried:
c: to prepare and certify the charge sheet or charge sheets against an accused:
d: to give a copy of the certified charge sheet to the accused (including any amended charge sheet so certified):
e: to lay the charge sheet or charge sheets before the Registrar of the Court Martial:
f: if 2 or more persons are accused, to direct whether they are to be tried jointly or separately:
g: to appoint counsel for the prosecution:
h: to perform any other functions or duties imposed by this Act or any other enactment. Section 101F inserted 1 July 2009 section 36 Armed Forces Discipline Amendment Act (No 2) 2007
101G: Power of Director of Military Prosecutions to direct investigation
1: The Director of Military Prosecutions may direct a provost officer to—
a: investigate any matter that the Director considers to be relevant to a charge referred to the Director; or
b: arrange the investigation of that matter.
2: A provost officer must comply with a direction given under subsection (1) Section 101G inserted 1 July 2009 section 36 Armed Forces Discipline Amendment Act (No 2) 2007
101H: Power of Director of Military Prosecutions to stay proceedings
1: The Director of Military Prosecutions may, on the application of a disciplinary officer or on his or her own motion, issue an order that the proceedings against an accused under this Act be stayed for the period that he or she thinks fit.
2: The Director of Military Prosecutions must provide a copy of the order, together with his or her written reasons for the stay, to—
a: the Solicitor-General; and
b: the disciplinary officer; and
c: the accused in question. Section 101H inserted 1 July 2009 section 36 Armed Forces Discipline Amendment Act (No 2) 2007
101I: Director of Military Prosecutions to perform functions and duties, and exercise powers, independently of ministerial control and of command
1: In performing his or her functions and duties, and exercising his or her powers, the Director of Military Prosecutions is not subject to—
a: the control of the Minister; or
b: the command of any other officer.
2: Subsection (1) applies despite sections 7 8
3: To avoid doubt, subsection (1) does not limit or affect the command relationship that exists between the Director of Military Prosecutions and any member of the Armed Forces in respect of any of the Director’s functions and duties other than those that are specified in section 101F Section 101I inserted 1 July 2009 section 36 Armed Forces Discipline Amendment Act (No 2) 2007
101J: Director of Military Prosecutions must report annually to Attorney-General on performance of functions and duties, and exercise of powers
The Director of Military Prosecutions must, not later than 30 June in each year, report to the Attorney-General on the performance of any functions and duties, and the exercise of any powers, imposed or conferred on the Director under this Act. Section 101J inserted 1 July 2009 section 36 Armed Forces Discipline Amendment Act (No 2) 2007
101K: Director of Military Prosecutions must act under general supervision of Solicitor-General
1: In performing functions or duties, or exercising powers, imposed or conferred by this Act, by the Court Martial Act 2007 Court Martial Appeals Act 1953
2: However, subsection (1) does not apply if the Director of Military Prosecutions considers that compliance with that subsection is or would be inconsistent with any provisions of this Act, the Court Martial Act 2007 Court Martial Appeals Act 1953 Section 101K inserted 1 July 2009 section 36 Armed Forces Discipline Amendment Act (No 2) 2007
101L: Delegation of functions, duties, or powers of Director of Military Prosecutions
1: The Director of Military Prosecutions may, in writing, either generally or particularly, delegate any of the functions, duties, and powers of the Director under this Act, except this power of delegation, to a person who—
a: is an officer; and
b: has held a practising certificate as a barrister or solicitor of the High Court for at least 7 years.
2: Subject to any general or special directions given or conditions imposed by the Director of Military Prosecutions, the person to whom any functions, duties, or powers are delegated under this section may perform and exercise them in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.
3: The power of the Director of Military Prosecutions to delegate under this section does not limit any power of delegation conferred on the Director by any other Act or prevent the Director delegating to any other person, under that power, any of the functions, duties, and powers of the Director under this Act.
4: Every person who appears to be acting under a delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.
5: A delegation under this section does not—
a: affect or prevent the exercise of any power or the performance of any function or duty by the Director of Military Prosecutions; or
b: affect the responsibility of the Director of Military Prosecutions for the actions of any person acting under the delegation. Section 101L inserted 1 July 2009 section 36 Armed Forces Discipline Amendment Act (No 2) 2007
5: Investigation and summary trial of charges
Part 5 substituted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
1: General provisions
Subpart 1 inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
102: Investigation of charges
1: If it is alleged that a person subject to this Act has committed an offence against this Act, the commanding officer of that person must, unless he or she considers that the allegation is not well founded, either—
a: cause the allegation to be recorded in the form of a charge and to be investigated in the prescribed manner; or
b: cause the allegation to be referred to the appropriate civil authority for investigation.
2: In this Part, a matter or thing is done in the prescribed manner Section 102 substituted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
102A: Commanding officer must determine whether offence is specified offence
1: If the commanding officer of an accused causes an allegation to be recorded in the form of a charge, the commanding officer must determine whether the alleged offence has 1 or more victims.
2: If the commanding officer of the accused determines that the alleged offence has 1 or more victims, the commanding officer must determine whether the alleged offence is a specified offence.
3: If the commanding officer of the accused determines that the alleged offence is a specified offence,—
a: the commanding officer of the accused must, for each victim,—
i: advise the commanding officer of the victim and the Director of Military Prosecutions of that determination; and
ii: if the victim does not have a commanding officer, appoint a member of the Defence Force to assist the victim; and
b: Part 10A
4: Part 10A section 117ZIA
5: In this section, specified offence victim section 198B 2002 No 39 s 29A Section 102A inserted 30 November 2018 section 7 Military Justice Legislation Amendment Act 2018
103: Disposal of charges by commanding officers
1: Every commanding officer must investigate and dispose of a charge before him or her in the prescribed manner.
2: However, a commanding officer may stay proceedings on a charge before him or her, or before a detachment commander or a subordinate commander, for any time that he or she considers necessary if satisfied that proceedings for the matters to which the charge relates could be, and in the interests of the better administration of justice should be, taken against the accused otherwise than under this Act. Section 103 substituted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
104: Disposal of charges by superior commanders
1: Every superior commander must investigate and dispose of a charge before him or her in the prescribed manner.
2: However, a superior commander may stay proceedings on a charge before him or her for any time that he or she considers necessary if satisfied that proceedings for the matters to which the charge relates could be, and in the interests of the better administration of justice should be, taken against the accused otherwise than under this Act. Section 104 substituted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
105: Disposal of charges by detachment commanders
1: A detachment commander may exercise all or any of the powers conferred on commanding officers under this Part.
2: Subsection (1) is subject to any limitations or restrictions that may be imposed by, or in accordance with, orders of the Chief of Defence Force. Section 105 substituted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
106: Disposal of charges by subordinate commanders
1: A commanding officer may, by written notice, delegate all or any of his or her powers to act as a disciplinary officer under this Part to an officer or class of officers under his or her command as may be specified in the notice.
2: A commanding officer may not delegate any powers under this section to a midshipman or an officer cadet.
3: A subordinate commander must not act as a disciplinary officer for an offence alleged to have been committed by a member of the Armed Forces holding a rank above that of petty officer in the Navy or sergeant in the Army or the Air Force.
4: The exercise of any powers by a subordinate commander under this section is subject to the limitations and restrictions (if any) as may be specified—
a: in orders issued by the Chief of Defence Force; and
b: in the notice given by the delegating commanding officer (in so far as the notice is consistent with any Defence Force Orders); and
c: in this Part. Section 106 substituted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
106A: Suspension of compensation and restitution orders made summarily, etc
Section 106A repealed 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
107: Effect of delegation
1: A subordinate commander may exercise the powers delegated under section 106
2: A subordinate commander who appears to be acting under a delegation under section 106
3: A delegation under section 106
4: A power delegated under section 106 Section 107 substituted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007 When officer is empowered to act as disciplinary officer Heading inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
108: Officer is empowered to act as disciplinary officer
1: For the purposes of this Part, an officer is empowered to act as a disciplinary officer in relation to a charge if—
a: the officer is a superior commander, a commanding officer, a detachment commander, or a subordinate commander; and
b: the officer holds a rank at least 2 rank grades above that of the accused; and
c: the officer holds a certificate of competency as a disciplinary officer, as prescribed by the Chief of Defence Force; and
d: in the case of a subordinate commander, the officer holds a delegation under section 106
2: However, for the purposes of this Part, an officer is not empowered to act as a disciplinary officer in relation to a charge if—
a: the officer considers, at the relevant time, that it is necessary for the maintenance of discipline, or in the interests of justice, that the charge be referred to another person; or
b: the officer is personally interested in the charge; or
c: an order made under section 206(1)(ab)
3: For the purposes of this section, relevant time
a: in relation to sections 109 to 111
b: in any other case, the time at which the officer is considering under this Part whether he or she is empowered to act as a disciplinary officer in relation to the charge.
4: For the purposes of this Part, an officer is personally interested
a: the charge alleges an offence against the officer himself or herself; or
b: the charge alleges an offence against any member of his or her family; or
c: the charge alleges an offence by any member of his or her family; or
d: the charge is one in respect of which the officer or any member of his or her family is the sole witness to any material ingredient of the offence; or
e: the officer otherwise has a personal interest in the charge that is likely to influence his or her judgment. Section 108 substituted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
2: Preliminary procedures and investigation of charges
Subpart 2 inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007 Initial referral of charges Heading inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
109: Charge must be referred to subordinate commander in certain circumstances
1: This section applies if—
a: an allegation has been recorded in the form of a charge; and
b: the accused is below the rank of chief petty officer in the Navy, staff sergeant in the Army, or flight sergeant in the Air Force; and
c: the accused has a subordinate commander who is empowered to act as a disciplinary officer in relation to the charge.
2: The charge against the accused must be referred to the subordinate commander.
3: The subordinate commander must act under this subpart as the disciplinary officer in relation to the charge.
4: Subsection (3) is subject to any other provision of this Part that provides for—
a: the referral of the charge to another person; or
b: another person to act as the disciplinary officer in relation to the charge. Section 109 substituted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
110: Charge must be referred to commanding officer, superior commander, or detachment commander in certain circumstances
1: This section applies if—
a: an allegation has been recorded in the form of a charge; and
b: either or both of the following apply:
i: the accused is of or above the rank of chief petty officer in the Navy, staff sergeant in the Army, or flight sergeant in the Air Force:
ii: the accused does not have a subordinate commander who is empowered to act as a disciplinary officer in relation to the charge.
2: The charge against the accused must be referred to—
a: his or her detachment commander or commanding officer if that officer is empowered to act as a disciplinary officer in relation to the charge; or
b: a superior commander in the accused’s chain of command who is empowered to act as a disciplinary officer in relation to the charge.
3: The detachment commander, commanding officer, or superior commander must act under this subpart as the disciplinary officer in relation to the charge.
4: Subsection (3) is subject to any other provision of this Part that provides for—
a: the referral of the charge to another person; or
b: another person to act as the disciplinary officer in relation to the charge. Section 110 substituted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
111: Accused must be remanded for trial in Court Martial and charge must be referred to Director of Military Prosecutions in certain circumstances
If there is no person who is empowered to act as a disciplinary officer in relation to a charge,—
a: the accused must be remanded for trial in the Court Martial; and
b: the charge must be referred to the Director of Military Prosecutions. Section 111 substituted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007 Certification and amendment of charges Heading inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
112: Charge must be certified if disciplinary officer may impose certain punishments
or make certain compensation orders
1: A disciplinary officer must, after a charge is referred to him or her under section 109 110
a: impose a punishment consisting of or including 1 or more of the following:
i: detention:
ii: reduction in rank:
iii: a fine of an amount that exceeds the accused's basic pay for a period of 7 days; or
b: order the accused to pay an amount by way of compensation that exceeds the accused's basic pay for a period of 7 days.
2: In considering the matter under subsection (1), the disciplinary officer—
a: must have regard to the charge referred to him or her (including the nature of the offence alleged by the charge); and
b: is not required to have regard to any other information or document, or to make any further inquiries.
3: The disciplinary officer must stay the proceedings until a specified certificate is received if—
a: he or she considers that, if the accused were found guilty,—
i: a punishment consisting of or including 1 or more of the punishments referred to in subsection (1)(a) may be imposed; or
ii: an order for compensation referred to in subsection (1)(b) may be made; and
b: he or she has not yet received a specified certificate.
4: The accused must be brought before the disciplinary officer and the disciplinary officer must proceed in relation to the charge in accordance with this subpart if—
a: the proceedings are not stayed under subsection (3); or
b: the disciplinary officer receives a specified certificate after the proceedings are stayed under subsection (3).
5: For the purposes of this Part, specified certificate
a: discloses an offence against this Act; and
b: is drawn in accordance with the rules of procedure; and
c: is otherwise correct in law. Section 112 substituted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007 Section 112 heading amended 7 July 2010 section 6(1) Armed Forces Discipline Amendment Act 2010 Section 112(1) substituted 7 July 2010 section 6(2) Armed Forces Discipline Amendment Act 2010 Section 112(3)(a) substituted 7 July 2010 section 6(3) Armed Forces Discipline Amendment Act 2010
113: Amendment of charge
1: A disciplinary officer may, after an accused is brought before him or her on a charge, amend that charge, substitute for it a different charge, or add a new charge, if the disciplinary officer considers that it is in the interests of justice to do so.
2: Section 112 section 109 110
3: If the disciplinary officer exercises his or her powers under subsection (1) after investigating the original charge under this subpart, that investigation must be treated as an investigation under this subpart of the amended, substituted, or additional charge unless the accused requires a new investigation to be conducted.
4: If the amended, substituted, or additional charge differs substantially from the original charge, the disciplinary officer must—
a: explain the amended, substituted, or additional charge to the accused; and
b: advise the accused of his or her right to seek an adjournment to consider the charge; and
c: if requested by the accused to do so, adjourn the proceedings for that purpose. Section 113 substituted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007 Assignment of defending and presenting officers Heading inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
114: Assistance to accused
1: If an accused is brought before a disciplinary officer under this Part, that officer must ensure that a defending officer is assigned—
a: to assist the accused in the preparation and presentation of his or her case; and
b: to act on behalf of the accused.
2: Subsection (1) does not apply if the accused states in writing that he or she does not require the assistance referred to in that subsection.
3: The officer or non-commissioned officer assigned to act as defending officer—
a: must hold an appropriate certificate of competency, as prescribed by the Chief of Defence Force; and
b: must not be a lawyer.
4: The officer or non-commissioned officer assigned to act as defending officer for the accused may be changed by the disciplinary officer at any time if—
a: the accused so requests; or
b: the disciplinary officer considers that it is necessary to do so, having regard to the exigencies of the service. Section 114 substituted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
115: Assignment of presenting officer
1: If an accused is brought before a disciplinary officer under this Part, that officer must ensure that a presenting officer is assigned to—
a: assemble the evidence in support of the charge; and
b: present the case in support of the charge, to the extent required by the disciplinary officer.
2: The officer or non-commissioned officer assigned to act as presenting officer—
a: must hold an appropriate certificate of competency, as prescribed by the Chief of Defence Force; and
b: must not be a lawyer.
3: The officer or non-commissioned officer assigned as presenting officer may be changed at any time by the disciplinary officer if the disciplinary officer considers that it is necessary or desirable to do so. Section 115 substituted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
115A: Punishments of detention may be suspended
Section 115A repealed 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007 Arraignment Heading inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
116: Arraignment by disciplinary officer
When the accused is brought before a disciplinary officer under this Part, the disciplinary officer must—
a: inform the accused that the disciplinary officer is going to hear the charge; and
b: ensure that the accused is correctly described in the record of proceedings; and
c: read the charge to the accused; and
d: ensure that the evidence in support of the charge has been adequately disclosed to the accused in the manner prescribed by the rules of procedure; and
e: ask the accused whether he or she pleads guilty or not guilty to the charge. Section 116 substituted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007 Plea of guilty Heading substituted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117: Plea of guilty
1: If the accused pleads guilty to the charge, the disciplinary officer must enter the plea on the record of proceedings if the disciplinary officer is satisfied that the accused—
a: understands the nature of the charge; and
b: has made the plea voluntarily; and
c: understands the consequences of the plea.
2: The disciplinary officer must proceed under this subpart as if the accused had pleaded not guilty if—
a: the accused refuses to plead; or
b: the accused pleads unintelligibly; or
c: the disciplinary officer is not satisfied of any of the matters referred to in subsection (1)(a) to (c). Section 117 substituted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117A: Subordinate commander may punish accused or refer charge to commanding officer or detachment commander
1: If the disciplinary officer is a subordinate commander and he or she enters a guilty plea on the record of proceedings under section 117
a: the presenting officer must inform the subordinate commander of the facts that are relevant to the charge; and
b: the subordinate commander may hear all or any of the evidence relating to the charge if he or she considers that it is in the interests of justice or discipline to do so; and
c: the subordinate commander must consider whether, in his or her opinion, he or she—
i: has sufficient powers of punishment in relation to the charge; and
ii: is empowered to act as a disciplinary officer in relation to the charge.
2: If the subordinate commander considers under subsection (1) that he or she has sufficient powers of punishment and is empowered to act as a disciplinary officer in relation to the charge, he or she must—
a: record a finding of guilty on the charge; and
b: inform the accused of that finding; and
c: proceed under subpart 4
3: If the subordinate commander considers under subsection (1) that he or she has insufficient powers of punishment or is not empowered to act as a disciplinary officer in relation to the charge, he or she must refer the charge to the accused’s commanding officer or detachment commander without recording a finding of guilty on the charge.
4: After a charge is referred to a commanding officer or detachment commander under subsection (3), he or she becomes the disciplinary officer in relation to the charge.
5: This section is subject to sections 117G 117H Section 117A inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117B: Commanding officer, detachment commander, or superior commander who receives guilty plea or receives referral must consider certain matters
1: This section applies if—
a: the disciplinary officer is a commanding officer, a detachment commander, or a superior commander, and he or she enters a guilty plea on the record of proceedings under section 117
b: a charge has been referred to a commanding officer or a detachment commander under section 117A
2: The presenting officer must inform the commanding officer, detachment commander, or superior commander of the facts that are relevant to the charge.
3: The commanding officer, detachment commander, or superior commander may hear all or any of the evidence relating to the charge if he or she considers that it is in the interests of justice or discipline to do so.
4: The commanding officer, detachment commander, or superior commander must consider whether, in his or her opinion,—
a: he or she has sufficient powers of punishment in relation to the charge; and
b: he or she is empowered to act as a disciplinary officer in relation to the charge. Section 117B inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117C: Consideration of whether accused who pleads guilty should be given right to elect trial by Court Martial
1: If the commanding officer, detachment commander, or superior commander considers under section 117B
2: The commanding officer, detachment commander, or superior commander must, in making a decision under subsection (1)
a: consider the punishment, or combination of punishments, that he or she would be likely to impose if he or she were to act under subpart 4
b: consider the orders for compensation or restitution (or both) that he or she would be likely to make if he or she were to act under subpart 4
c: have regard to sections 117W 117ZA Section 117C inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117D: Accused who pleads guilty must be informed if he or she has right to elect trial by Court Martial
1: If the commanding officer, detachment commander, or superior commander considers under section 117C
a: inform the accused that the accused has the right to elect either—
i: trial by the Court Martial; or
ii: for the commanding officer, detachment commander, or superior commander to proceed under subpart 4
b: adjourn the hearing and give the accused a reasonable period to consider the accused’s election; and
c: give the accused the opportunity to consult a lawyer in respect of the accused’s election if it is reasonably practicable to do so.
2: The period of adjournment under subsection (1)(b) must be at least 24 hours if the accused wishes it. Section 117D inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117E: Accused who pleads guilty must be punished in certain circumstances
1: This section applies if—
a: a commanding officer, detachment commander, or superior commander considers, under section 117C
b: an accused is given the right to an election under section 117D
i: for the commanding officer, detachment commander, or superior commander to proceed under subpart 4
ii: trial by the Court Martial, but withdraws his or her election in the prescribed manner.
2: The commanding officer, detachment commander, or superior commander must—
a: record a finding of guilty on the charge; and
b: inform the accused of that finding; and
c: proceed under subpart 4
3: This section is subject to sections 117G 117H Section 117E inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117F: Accused must be remanded for trial in Court Martial and charge must be referred to Director of Military Prosecutions in certain circumstances
1: A commanding officer, detachment commander, or superior commander must remand the accused for trial in the Court Martial and refer the charge to the Director of Military Prosecutions if—
a: he or she considers under section 117B
b: the accused is given the right to an election under section 117D
i: the accused elects trial by the Court Martial and does not withdraw his or her election in the prescribed manner; or
ii: the accused does not make an election when asked to do so by the commanding officer, detachment commander, or superior commander.
2: However, if the accused is given the right to an election under section 117D Section 117F inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007 Other matters relating to pleas Heading inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117G: Procedure following mixed pleas
1: This section applies if—
a: there is more than 1 charge against the accused contained in the same charge report; and
b: the accused pleads guilty to 1 or more but not all of the charges.
2: The disciplinary officer—
a: must proceed under sections 117 to 117F
b: must not proceed to punish the accused under subpart 4
3: However, if the disciplinary officer is to refer a charge to the Director of Military Prosecutions under section 117ZF sections 117 to 117F
4: Each charge to which the accused has pleaded not guilty must be proceeded with in accordance with this Act.
5: This section is subject to section 117ZF Section 117G inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117H: Change or amendment of plea
1: If the accused pleads not guilty to the charge, he or she may withdraw his or her plea of not guilty and substitute a plea of guilty at any time before the disciplinary officer records the finding on the charge.
2: If the accused substitutes a plea of guilty under subsection (1), the disciplinary officer must, so far as is necessary, proceed as if the accused had originally pleaded guilty.
3: If the accused pleads guilty to the charge, he or she may withdraw his or her plea of guilty and substitute a plea of not guilty at any time before the disciplinary officer records the finding on the charge.
4: If the accused substitutes a plea of not guilty under subsection (3), the disciplinary officer must, so far as is necessary, proceed as if the accused had originally pleaded not guilty.
5: If the accused pleads guilty to the charge and the disciplinary officer accepts the plea, the disciplinary officer may, if at any time during the proceedings it appears to him or her that he or she should not have accepted the plea, amend the record and substitute a plea of not guilty.
6: If the disciplinary officer acts under subsection (5), the disciplinary officer must, so far as is necessary, proceed as if the accused had originally pleaded not guilty. Section 117H inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007 Investigation following plea of not guilty Heading inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117I: Procedure following plea of not guilty
1: If the accused pleads not guilty to the charge, the disciplinary officer must—
a: enter the plea on the record of proceedings; and
b: ask the accused if he or she has had adequate time and facilities to prepare a defence.
2: If the disciplinary officer considers, after acting under subsection (1)(b), that the accused has not had adequate time or facilities (or both) to prepare a defence, the disciplinary officer must adjourn the proceedings to allow the accused—
a: adequate time to prepare a defence; and
b: a reasonable opportunity to obtain adequate facilities to prepare a defence. Section 117I inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117J: Disciplinary officer must determine whether prima facie case is made out after hearing of evidence in support of charge
1: When the case is ready to proceed, the disciplinary officer—
a: must ask the accused whether he or she requires oral evidence to be given on oath; and
b: may ask the presenting officer to outline the case in support of the charge; and
c: must ask the presenting officer—
i: to call each witness in support of the charge who is to give evidence orally to give evidence in the presence of the accused; and
ii: to produce, and to read aloud to the accused, any written statement that the disciplinary officer has decided to admit in evidence in support of the charge.
2: The disciplinary officer—
a: must give the accused an opportunity to cross-examine each witness who gives evidence orally in support of the charge; and
b: may allow the presenting officer an opportunity to re-examine each witness who has been cross-examined; and
c: may put questions to each witness who gives evidence orally in support of the charge that the disciplinary officer considers are necessary to ensure that he or she fully understands the witness’s evidence.
3: After the disciplinary officer has heard the evidence in support of the charge, he or she must determine whether a prima facie case has been made out.
4: If the disciplinary officer is not satisfied that a prima facie case has been made out, he or she must dismiss the charge, record the finding, and inform the accused. Section 117J inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007 Disciplinary officer must consider certain matters Heading inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117K: Disciplinary officer must consider whether he or she has sufficient powers of punishment and whether he or she can act as disciplinary officer
1: If the disciplinary officer is satisfied that a prima facie case has been made out, the disciplinary officer must consider whether, in his or her opinion, he or she—
a: has sufficient powers of punishment in relation to the charge; and
b: is empowered to act as a disciplinary officer in relation to the charge.
2: If the disciplinary officer is a subordinate commander who considers under this section that he or she—
a: has sufficient powers of punishment and is empowered to act as a disciplinary officer in relation to the charge, he or she must proceed to act as a disciplinary officer in relation to the charge under subpart 3
b: has insufficient powers of punishment or is not empowered to act as a disciplinary officer in relation to the charge, he or she must refer the charge to the accused’s commanding officer or detachment commander without recording a finding.
3: After a charge is referred to a commanding officer or detachment commander under subsection (2)(b), he or she—
a: becomes the disciplinary officer in relation to the charge; and
b: must investigate the charge under section 117J
c: must, after acting under paragraph (b), act under subsection (1) if he or she is satisfied that a prima facie case has been made out.
4: If the disciplinary officer is a commanding officer, a detachment commander, or a superior commander who considers under this section that he or she has insufficient powers of punishment or is not empowered to act as a disciplinary officer in relation to the charge, he or she must remand the accused for trial in the Court Martial and refer the charge to the Director of Military Prosecutions. Section 117K inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007 Right to elect trial by Court Martial Heading inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117L: Disciplinary officer must consider whether accused should be given right to elect trial by Court Martial
1: If the disciplinary officer is a commanding officer, a detachment commander, or a superior commander who considers under section 117K
2: The disciplinary officer must, in making a decision under subsection (1),—
a: consider the punishment, or combination of punishments, that he or she would be likely to impose if the accused were found guilty; and
b: consider the orders for compensation or restitution (or both) that he or she would be likely to make if the accused were found guilty; and
c: have regard to sections 117W 117ZA
3: If the disciplinary officer considers that he or she should not give the accused the right to elect trial by the Court Martial, he or she must try the accused summarily under subpart 3 Section 117L inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117M: Disciplinary officer must inform accused if accused has right to elect trial by Court Martial
1: If the disciplinary officer considers under section 117L
a: inform the accused that the accused has the right to elect either—
i: trial by the Court Martial; or
ii: summary trial by the disciplinary officer; and
b: adjourn the hearing and give the accused a reasonable period to consider the accused’s election; and
c: give the accused the opportunity to consult a lawyer in respect of the accused’s election if it is reasonably practicable to do so.
2: The period of adjournment under subsection (1)(b) must be at least 24 hours if the accused wishes it. Section 117M inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117N: Disciplinary officer must remand accused for trial in Court Martial or try charge summarily
1: The disciplinary officer must remand the accused for trial in the Court Martial and refer the charge to the Director of Military Prosecutions if, after having been given the right to an election under section 117M
a: the accused elects trial by the Court Martial and does not withdraw his or her election in the prescribed manner; or
b: the accused does not make an election when asked to do so by the disciplinary officer.
2: However, if the accused is given the right to an election under section 117M
3: The disciplinary officer must try the accused summarily under subpart 3 section 117M
a: summary trial by the disciplinary officer; or
b: trial by the Court Martial, but withdraws his or her election in the prescribed manner. Section 117N inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
3: Trying charges summarily
Subpart 3 inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117O: Disciplinary officer must advise accused and hear evidence on behalf of accused
1: If the disciplinary officer is to try the accused summarily, the disciplinary officer must, in accordance with the rules of procedure, briefly advise the accused of the procedure to be followed in the summary trial.
2: After advising the accused under subsection (1), the disciplinary officer must ask the accused—
a: to outline the case on behalf of the accused; and
b: to tell the disciplinary officer whether or not the accused wishes to put forward evidence in reply and, if so, what form the evidence will take; and
c: to give evidence orally if he or she wishes to give evidence orally; and
d: to call each witness on behalf of the accused who is to give evidence orally (following the accused if he or she wishes to give evidence) to give his or her evidence in the presence of the accused.
3: The disciplinary officer must, after complying with subsection (2), read aloud any written statement that the disciplinary officer has decided to admit in evidence on behalf of the accused.
4: If evidence is put forward on behalf of the accused, the disciplinary officer—
a: may allow the presenting officer to cross-examine each witness who gives evidence orally; and
b: if the presenting officer cross-examines a witness, must allow the accused an opportunity to re-examine the witness.
5: The disciplinary officer may put questions to each witness that the disciplinary officer considers necessary to ensure that he or she fully understands the witness’s evidence. Section 117O inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117P: Presenting officer and disciplinary officer may call or recall witnesses
1: If evidence is put forward on behalf of the accused, the presenting officer may, at the conclusion of the evidence on behalf of the accused, with the leave of the disciplinary officer, call or recall any witness to give evidence on any matter raised by, or on behalf of, the accused in his or her defence—
a: that the presenting officer could not properly have put before the disciplinary officer before the accused’s defence was disclosed; or
b: that the presenting officer could not reasonably have foreseen.
2: The disciplinary officer may, at any time before he or she determines whether he or she finds the accused guilty or not guilty on the charge, call or recall any witness if he or she considers that it is in the interests of justice to do so.
3: If the disciplinary officer calls or recalls a witness under subsection (2), the disciplinary officer may allow the presenting officer, the accused, or both to put questions to the witness that the disciplinary officer may allow as proper. Section 117P inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117Q: Disciplinary officer must determine whether accused is guilty or not guilty
After the disciplinary officer has received all the evidence under subpart 2
a: determine whether the accused is guilty or not guilty on the charge; and
b: record the finding; and
c: inform the accused. Section 117Q inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
4: Punishment
Subpart 4 inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117R: Procedures to be followed before imposing punishment
1: If the disciplinary officer records a finding of guilty on the charge, he or she must, before imposing a punishment,—
a: examine the offender’s conduct sheets; and
b: if a victim of the offence so wishes, read aloud a written statement from the victim setting out—
i: any physical injury or emotional harm suffered by the victim through, or by means of, the offence; and
ii: any loss of, or damage to, property suffered by the victim through, or by means of, the offence; and
iii: any other effects of the offence on the victim; and
c: give the offender a reasonable opportunity to make an explanation or plea in mitigation of punishment; and
d: if the offender so wishes, give any witness on behalf of the offender a reasonable opportunity to give evidence in support of the explanation or plea in mitigation of punishment.
2: If the disciplinary officer records a finding of guilty on the charge, he or she may, before imposing a punishment, obtain from the presenting officer—
a: a report on the offender’s record and general conduct in the service; and
b: details of any period during which the offender was held in custody awaiting trial; and
c: details of any information in the possession of the service authorities relating to the offender’s circumstances that may be relevant in considering punishment.
3: The disciplinary officer must ensure that he or she has received a specified certificate if he or she intends to impose a punishment consisting of or including 1 or more of the following:
a: detention:
b: reduction in rank:
c: a fine of an amount that exceeds the offender's basic pay for a period of 7 days
4: In this section, victim section 4 Section 117R inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007 Section 117R(3)(c) amended 7 July 2010 section 7 Armed Forces Discipline Amendment Act 2010
117S: Disciplinary officer may impose punishment, order offender to appear for punishment if called on, or discharge offender
1: The disciplinary officer may, after acting under section 117R
a: impose on the offender any 1 or more of the punishments that he or she is authorised under this Part to impose and considers just; or
b: make an order under section 117T
c: discharge the offender without acting under paragraph (a) or (b).
2: The disciplinary officer must give reasons for his or her action under subsection (1).
3: Subsection (1) does not limit section 117ZA
4: The disciplinary officer must, after acting under subsection (1),—
a: record the details of any forfeitures incurred by or under this Act, and any cancellation of the whole or any part of those forfeitures, and inform the offender; and
b: notify the offender of the offender’s right of appeal under Part 5A Section 117S inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117T: Order to come up for punishment if called on
1: The disciplinary officer may, instead of imposing a punishment on an offender, order the offender to appear for punishment if called on to do so within the period specified in subsection (2).
2: The period referred to in subsection (1) is a period not exceeding 1 year, commencing with the date on which the finding of guilty is recorded, that the disciplinary officer may specify in the order.
3: If the disciplinary officer makes an order under subsection (1), he or she must record and attach to the record of proceedings a statement of his or her findings of fact in relation to the charge.
4: The disciplinary officer may make orders under section 117ZA Section 117T inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117U: Offender to come up for punishment
1: This section applies if an offender in respect of whom an order is made under section 117T
a: is convicted, or found guilty summarily, of a subsequent offence against this Act or any other Act; or
b: fails to comply with any other order referred to in section 117T(4)
c: fails to comply with any agreement, or fails to take any measure or action, of a kind referred to in section 10(1)(b), (d), or (e) section 117T
2: An offender’s commanding officer may, at any time within the period specified in the order made under section 117T
3: After an order is given under subsection (2), the offender must be placed in close arrest and brought before the commanding officer or other disciplinary officer at a time and place directed by the commanding officer or disciplinary officer.
4: If a person appears before a commanding officer or another disciplinary officer under this section and the commanding officer or disciplinary officer is satisfied of any of the matters specified in subsection (1), the commanding officer or disciplinary officer—
a: must inquire into the circumstances of the original offence and the conduct of the offender since the order under section 117T
b: may impose a punishment, or a combination of punishments, on the offender for the original offence.
5: This section is subject to section 117X Section 117U inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007 Summary punishments Heading inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117V: Types and maximum amounts of summary punishments
1: The punishments that may be imposed on an offender tried summarily, or otherwise dealt with, under this Part are those specified in Schedule 3
2: The maximum amount of any one punishment that may be imposed on an offender in relation to a charge tried summarily, or otherwise dealt with, under this Part by—
a: a commanding officer or a detachment commander is that specified in Schedule 4
b: a subordinate commander is that specified in column 3 of Schedule 4
c: a superior commander is that specified in Schedule 5
3: A disciplinary officer who finds a person guilty of 1 or more offences may, if he or she thinks it is just to do so, impose on that person more than 1 of the punishments authorised by this Part.
4: Subsection (3) does not limit the power of a disciplinary officer to discharge an offender without imposing a punishment on him or her or to order that person to appear for punishment if called on to do so. Section 117V inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117W: Certain punishments must not be imposed unless offender was given right to elect trial by Court Martial
1: This section applies if the disciplinary officer is a commanding officer, a detachment commander, or a superior commander.
2: If the offender was given the right to elect trial by the Court Martial under section 117D 117M
a: in the case of a commanding officer or a detachment commander, impose on the offender, to the extent authorised by column 2 of Schedule 4
b: in the case of a superior commander, impose on the offender, to the extent authorised by column 2 of Schedule 5
3: If the offender was not given the right to elect trial by the Court Martial under section 117D 117M
a: in the case of a commanding officer or a detachment commander, impose on the offender, to the extent authorised by column 3 of Schedule 4
b: in the case of a superior commander, impose on the offender, to the extent authorised by column 3 of Schedule 5 Section 117W inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117X: Punishment must be imposed for all offences of which person is found guilty
If a person tried summarily, or otherwise dealt with, under this Part in respect of 2 or more charges contained in the same charge report is found guilty of the offences charged, or at least 2 of them if there are more than 2, any punishment or punishments imposed on him or her must be in respect of all of the offences of which he or she has been found guilty. Section 117X inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117Y: Provisions relating to punishment of detention
1: In determining the period of any detention to be imposed, a disciplinary officer must not take into account any period during which the offender has been held in custody but must specify any such period on the committal order.
2: Subsection (1) does not apply in respect of any time spent in custody that is unrelated to any charge before the disciplinary officer.
3: A disciplinary officer must not impose the punishment of detention on an officer (including a midshipman or an officer cadet).
4: A disciplinary officer must not, except with the prior approval of a superior commander, impose the punishment of detention on a member of the Armed Forces who had, at the time that the offence was committed, attained the age of 17 years but was, at that time, under the age of 18 years.
5: In this section, custody
a: means detention in civil custody or under close arrest; but
b: does not include open arrest. Section 117Y inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117Z: Reduction of punishments
1: When a disciplinary officer has imposed a punishment, or a combination of punishments, for an offence against this Act, he or she—
a: may not subsequently increase the punishment for that offence; but
b: may reduce the punishment for the offence at any time before it has been completely carried out.
2: A commanding officer may reduce, but not increase, a punishment imposed by a detachment commander or by a subordinate commander. Section 117Z inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007 Compensation and restitution Heading inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117ZA: Orders for compensation and restitution
1: Every disciplinary officer who finds an offender guilty of an offence may, in addition to or in substitution for any punishment or punishments that he or she may impose on the offender, order the offender, in the same manner and to the same extent as the Court Martial,—
a: to pay compensation in accordance with section 86
b: to make restitution in accordance with section 87
c: both to pay compensation and make restitution.
2: However,—
a: if the offender was given the right to elect trial by the Court Martial under section 117D 117M
b: if the offender was not given the right to elect trial by the Court Martial wider section 117D 117M
3: The disciplinary officer must ensure that he or she has received a specified certificate if he or she intends to order the offender to pay an amount by way of compensation that exceeds the offender's basic pay for a period of 7 days. Section 117ZA inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007 Section 117ZA(3) added 7 July 2010 section 8 Armed Forces Discipline Amendment Act 2010
5: Miscellaneous matters
Subpart 5 inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007 Rights under New Zealand Bill of Rights Act 1990 Heading inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117ZB: Accused deemed to have waived certain rights in certain circumstances
1: An accused is deemed to have irrevocably waived, in relation to a charge, the rights referred to in subsection (2) if, having been given the right to an election under—
a: section 117D
i: for the commanding officer, detachment commander, or superior commander to proceed under subpart 4
ii: trial by the Court Martial, but withdraws his or her election in the prescribed manner:
b: section 117M
i: summary trial by the disciplinary officer; or
ii: trial by the Court Martial, but withdraws his or her election in the prescribed manner.
2: The rights are—
a: the right that the accused had or has under section 24(c)
b: the right that the accused had or has under section 25(a) Section 117ZB inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117ZC: Implications of election must be explained to accused
1: When the accused appears before the disciplinary officer to indicate his or her election under section 117D 117M
a: his or her defending officer; or
b: an officer or a non-commissioned officer who holds a certificate of competency as a defending officer.
2: The implications referred to in subsection (1) must include any matters prescribed by the rules of procedure.
3: The accused’s election under section 117D 117M
4: The disciplinary officer must take reasonable steps to ensure that the accused has read the election before the accused signs it. Section 117ZC inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117ZD: Accused does not have certain rights if accused is tried summarily or otherwise dealt with under this Part
If a disciplinary officer tries an accused summarily or an accused is otherwise dealt with under this Part,—
a: the accused does not have, in relation to the relevant charge, the right to legal representation; and
b: the accused does not have, in relation to the relevant charge, the right to a hearing by an independent court. Section 117ZD inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007 Recording of proceedings Heading inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117ZE: Recording proceedings before disciplinary officer
A disciplinary officer must comply with any requirements of the rules of procedure to ensure that an audio recording, or a written summary, is made of the proceedings before the disciplinary officer. Section 117ZE inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007 Referral of charges Heading inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117ZF: Referral of charge must include referral of related charges
If a disciplinary officer is required to refer a charge against an accused to another person, he or she must also refer to that person—
a: any charge against another person for an offence arising from the same incident or series of incidents; and
b: any other charge against the accused for an offence arising from the same incident or series of incidents. Section 117ZF inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117ZG: Documents and information to be provided to accused and Director of Military Prosecutions
1: If a charge is to be referred to the Director of Military Prosecutions by a disciplinary officer, the disciplinary officer must, within 7 days of deciding that the charge is to be referred to the Director of Military Prosecutions,—
a: ensure that the accused is provided with the information or documents that are prescribed by the rules of procedure for the purposes of this subsection; and
b: inform the accused that he or she has 7 days from the date of being informed in which to provide to the disciplinary officer any signed written statements in his or her defence for referral to the Director of Military Prosecutions.
2: A disciplinary officer (other than a superior commander) must, within 14 days of deciding that a charge is to be referred to the Director of Military Prosecutions, send to his or her superior commander the documents that are prescribed by the rules of procedure for the purposes of this subsection.
3: A superior commander who receives documents under subsection (2) must, within 7 days of receiving those documents, send to the Director of Military Prosecutions—
a: those documents; and
b: a statement containing the superior commander’s opinion as to whether prosecution of the charge is in the interests of the service.
4: If the disciplinary officer is a superior commander, he or she must, within 14 days of deciding that the charge is to be referred to the Director of Military Prosecutions, send to the Director of Military Prosecutions—
a: the documents that are prescribed by the rules of procedure for the purposes of this subsection; and
b: a statement containing the superior commander’s opinion as to whether prosecution of the charge is in the interests of the service. Section 117ZG inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117ZH: Reference back of charge by Director of Military Prosecutions
1: If a charge is referred by a disciplinary officer to the Director of Military Prosecutions under section 117F(1)(a) 117K(4) section 117ZF
a: continue to act as a disciplinary officer in relation to the charge or charges; or
b: dismiss the charge or charges.
2: If, after a charge is referred by a disciplinary officer to the Director of Military Prosecutions under section 117F(1)(b) 117N(1) section 117ZF
a: continue to act as a disciplinary officer in relation to the charge or charges; or
b: dismiss the charge or charges.
3: A direction under subsection (1) or (2) may include—
a: a direction to give the accused the right to elect trial by the Court Martial; and
b: any other procedural directions that the Director of Military Prosecutions thinks fit.
4: If a charge is referred by a disciplinary officer to the Director of Military Prosecutions under section 117F(1)(b) 117N(1) section 117ZF
5: On reference back of a charge under this section, the disciplinary officer must dispose of the charge in accordance with the directions.
6: Reference back of a charge to a disciplinary officer under this section is without prejudice to the power of the disciplinary officer to prefer another charge if—
a: the Director of Military Prosecutions so directs; or
b: the disciplinary officer thinks fit.
7: The Director of Military Prosecutions must inform the accused of any action that is taken in respect of the accused under this section. Section 117ZH inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117ZI: Director of Military Prosecutions may lay charge before Court Martial
1: If a charge is referred to the Director of Military Prosecutions under this Part, he or she may lay the charge before the Registrar of the Court Martial.
2: If the accused pleaded guilty under section 116 Section 117ZI inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117ZIA: Director to determine whether offence is specified offence
1: This section applies to a charge that is referred to the Director of Military Prosecutions under this Part.
2: The Director must determine whether the alleged offence—
a: has 1 or more victims; and
b: is a specified offence.
3: If, and to the extent that, the Director determines that a victim identified by the commanding officer is not a victim or that the alleged offence is not a specified offence, Part 10A section 102A(3)(b)
4: In this section, specified offence victim section 198B 2002 No 39 s 29A Section 117ZIA inserted 30 November 2018 section 8 Military Justice Legislation Amendment Act 2018 Procedures for certain persons Heading inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117ZJ: Procedures for prisoners of war, spies, midshipmen, officer cadets, and chaplains
1: If the accused is subject to this Act by virtue of section 12 13
a: if the accused holds a rank in an armed force, the same procedure for dealing with the charge under this Part must be followed, with any necessary modifications, as if the accused held the corresponding rank in the Armed Forces of New Zealand:
b: in any other case, the same procedure for dealing with the charge under this Part must be followed, with any necessary modifications, as if the accused were a rating of able rank in the Navy or a private in the Army or a leading aircraftman in the Air Force, as the case may be.
2: If the accused is a midshipman or an officer cadet, the same procedure for dealing with the charge under this Part must be followed, with any necessary modifications, as if the accused were a rating of able rank in the Navy or a private in the Army or a leading aircraftman in the Air Force, as the case may be.
3: If the accused is a chaplain, the same procedure for dealing with the charge under this Part must be followed, with any necessary modifications, as if the accused,—
a: in the case of a chaplain Class I, were a captain in the Navy, a colonel in the Army, or a group captain in the Air Force:
b: in the case of a chaplain Class II, were a commander in the Navy, a lieutenant colonel in the Army, or a wing commander in the Air Force:
c: in the case of a chaplain Class III, were a lieutenant commander in the Navy, a major in the Army, or a squadron leader in the Air Force:
d: in the case of a chaplain Class IV, were a lieutenant in the Navy, a captain in the Army, or a flight lieutenant in the Air Force. Section 117ZJ inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007 Evidence Heading inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117ZK: Relevant evidence admissible unless excluded
1: All relevant evidence is admissible in proceedings under this Part and Part 5A
2: Evidence that is not relevant is not admissible in proceedings under this Part or Part 5A
3: Evidence is relevant in proceedings if it has a tendency to prove or disprove anything that is of consequence to the determination of the proceedings.
4: The disciplinary officer or the Summary Appeal Court must exclude evidence if its probative value is outweighed by the risk that the evidence will—
a: have an unfairly prejudicial effect on the outcome of the proceedings; or
b: needlessly prolong the proceedings.
5: The disciplinary officer or the Summary Appeal Court may, subject to subsections (1) to (4) and section 150B Part 5A Section 117ZK inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117ZL: Taking of evidence on oath
1: In proceedings before—
a: a disciplinary officer, oral evidence must not be given on oath unless the accused so requires:
b: the Summary Appeal Court, oral evidence must be given on oath.
2: For the purposes of subsection (1)(a), if the accused requires the oral evidence to be given on oath, all witnesses who are to give evidence orally in the proceedings (including the accused if he or she gives evidence orally) must be sworn.
3: However, if the disciplinary officer or Summary Appeal Court considers that a child who is called as a witness does not understand the nature of an oath, the child’s evidence may be received even though it is not given on oath so long as the officer or court is of the opinion that the child—
a: has sufficient intelligence to justify the reception of the evidence; and
b: understands the duty of speaking the truth.
4: If any person referred to in subsection (1) or (2) objects to being sworn or it is not reasonably practicable to administer an oath to that person in a manner appropriate to his or her religious belief, the person may be permitted to make a solemn affirmation instead of swearing an oath.
5: The making of an affirmation under subsection (4) has the same force and effect and has the same consequences as the taking of an oath.
6: Every oath or affirmation required to be administered under this Part or Part 5A Section 117ZL inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117ZM: Admission in evidence of written statements instead of oral evidence
1: A written statement of a person’s evidence is, with the consent of the accused and the disciplinary officer or the appellant and the Director of Military Prosecutions (as the case may be), admissible in evidence instead of calling that person to give his or her evidence orally.
2: However, a written statement of a person’s evidence is admissible only to the same extent and for the same purpose as that evidence would have been admissible in the proceedings if given orally by the maker of the statement.
3: Despite subsection (1), a disciplinary officer or the Summary Appeal Court may require the person to attend and give his or her evidence orally.
4: In proceedings before a disciplinary officer, the accused and the presenting officer must each be given—
a: a copy of every written statement that the other party proposes to tender in evidence; and
b: a copy of every exhibit (if any) referred to in that statement or information that is sufficient to enable the recipient to inspect the exhibit or a copy of it.
5: In proceedings before the Summary Appeal Court, the appellant and the Director of Military Prosecutions must each be given—
a: a copy of every written statement that the other party proposes to tender in evidence; and
b: a copy of every exhibit (if any) referred to in that statement or information that is sufficient to enable the recipient to inspect the exhibit or a copy of it.
6: A document or object accompanying a written statement tendered as evidence and referred to in the statement as an exhibit must be treated as if it had been produced as an exhibit and identified in evidence by the maker of the statement. Section 117ZM inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117ZN: Disciplinary officers and Summary Appeal Court to take judicial notice of certain matters
1: Every disciplinary officer and the Summary Appeal Court must take judicial notice of—
a: all matters of common knowledge; and
b: all other matters of which judicial notice would be taken by the High Court.
2: The disciplinary officer may also take judicial notice of matters that may fairly be regarded as being within the general service knowledge of the disciplinary officer. Section 117ZN inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007 Other miscellaneous matters Heading inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117ZO: General power to make orders or give directions
A disciplinary officer may, in respect of any proceedings under this Part, make or give any order or direction, not inconsistent with this Act or the rules of procedure, that seems to him or her best calculated to do justice. Section 117ZO inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117ZP: Construction of charges
1: In the construction of a charge sheet or charge there must be presumed in favour of supporting it every proposition that may reasonably be presumed to be impliedly included, though not expressed in it.
2: In respect of a charge, the statement of the alleged offence and the statement of the particulars of every act or omission constituting the alleged offence must be read and construed together. Section 117ZP inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117ZQ: Replacement of disciplinary officer
1: If at any time a disciplinary officer has begun to act under this Part in relation to a charge, and, because of death, illness, or any other reason, he or she is unable to continue to act as the disciplinary officer in relation to the charge, the officer who becomes the disciplinary officer in his or her place may act under this Part in relation to the charge as if the officer whom he or she replaced had not commenced to do so.
2: Despite subsection (1), if the disciplinary officer who has become incapacitated had, before his or her incapacity, found the accused guilty, the disciplinary officer who becomes the disciplinary officer in his or her place must not try the charge summarily but may instead, after inquiring into the circumstances of the charge, act under subpart 4
3: The rules of procedure may contain further provisions concerning how—
a: an officer becomes the disciplinary officer in place of an officer who is unable to continue to act in relation to a charge; and
b: the officer who becomes the disciplinary officer must deal with the charge.
4: This section does not apply if—
a: the disciplinary officer is unable to continue to act as the disciplinary officer in relation to the charge because, in accordance with this Part, the disciplinary officer is required to refer the charge to another person; or
b: this Part otherwise provides for a different procedure to be followed in the event that the disciplinary officer is unable to continue to act as the disciplinary officer in relation to the charge. Section 117ZQ inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
117ZR: Objection relating to personal interest
1: If an accused, during the proceedings before a disciplinary officer, raises an objection that the disciplinary officer is personally interested in the charge, the disciplinary officer must ensure that the objection is recorded in the record of proceedings.
2: If, after an objection is made under subsection (1), a disciplinary officer considers that he or she is personally interested in the charge,—
a: he or she must not continue to act as the disciplinary officer in relation to the charge; and
b: section 117ZQ
3: However, subsection (2) does not apply if a provision of this Part provides for a different procedure to be followed in the event that a disciplinary officer considers that he or she is personally interested in a charge or is otherwise not empowered to act as a disciplinary officer in relation to a charge. Section 117ZR inserted 1 July 2009 section 37 Armed Forces Discipline Amendment Act (No 2) 2007
5A: Summary Appeal Court of New Zealand
Part 5A inserted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007 Establishment of Summary Appeal Court of New Zealand Heading substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
118: Summary Appeal Court of New Zealand established
1: A court of record called the Summary Appeal Court of New Zealand is established.
2: In addition to the jurisdiction and powers specially conferred on the Summary Appeal Court by this or any other Act, the court has all the powers inherent in a court of record.
3: The Summary Appeal Court is to have a seal, which is to be judicially noticed by all courts and for all purposes. Section 118 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
119: Constitution of Summary Appeal Court
1: The Summary Appeal Court comprises the Judges of the Court Martial.
2: The Summary Appeal Court’s jurisdiction is not affected by a vacancy in the number of Judges of the Court Martial. Section 119 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
120: Summary Appeal Court must sit in divisions
1: For the purposes of any proceedings in the Summary Appeal Court, the court must sit in divisions each comprising 1 Judge assigned by the Chief Judge.
2: Each division of the Summary Appeal Court may exercise all of the powers of the court.
3: A division of the Summary Appeal Court may exercise any powers of the court even though 1 or more divisions of the court is exercising any powers of the court at the same time. Section 120 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
121: Registrar, clerks, and other officers of Summary Appeal Court
1: The Judge Advocate General must appoint a person to act as the Registrar of the Summary Appeal Court.
2: The Registrar may appoint clerks and any other officers of the Summary Appeal Court as may be required.
3: An appointment under this section must be made by written notice to the person concerned.
4: A person appointed under this section must not undertake any other paid employment or hold any other office (whether paid or not) unless the Judge Advocate General or Registrar (as the case may be) is satisfied that the employment or other office is compatible with that person’s appointment. Section 121 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
122: Chief Judge may delegate to Registrar duty to assign Judges
1: The Chief Judge may, either generally or particularly, delegate to the Registrar the Chief Judge’s duty under section 120(1)
2: A delegation—
a: must be in writing; and
b: may be made subject to any restrictions that the Chief Judge thinks fit; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the Chief Judge.
3: The Registrar may perform any duties delegated under subsection (1) in the same manner and with the same effect as if they had been conferred on him or her directly by this Act and not by delegation.
4: If the Registrar appears to act under subsection (1), he or she is presumed to be acting in accordance with the terms of delegation in the absence of evidence to the contrary. Section 122 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
123: Registrar may delegate functions, duties, or powers to clerk or officer of Summary Appeal Court
1: The Registrar may, either generally or particularly, delegate to a clerk or any other officer of the Summary Appeal Court appointed under section 121(2)
a: any function, duty, or power delegated to the Registrar by the Chief Judge; and
b: this power of delegation.
2: A delegation—
a: must be in writing; and
b: may be made subject to any restrictions and conditions that the Judge Advocate General or the Registrar thinks fit; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the Registrar.
3: A clerk or any other officer of the Summary Appeal Court to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
4: A clerk or any other officer of the Summary Appeal Court who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary. Section 123 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007 Right of appeal Heading inserted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
124: Right of appeal
Every person found guilty of an offence by a disciplinary officer may appeal to the Summary Appeal Court against 1 or more of the following:
a: the finding of guilty:
b: the punishment, or the combination of punishments, imposed in relation to that finding:
c: an order of compensation or restitution (or both) made in relation to that finding:
d: an order made under section 117T Section 124 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
125: Notice of appeal
1: An appeal under section 124
a: the prescribed period; or
b: any further time that the Summary Appeal Court may allow on application made before or after the expiration of that period.
2: An application under subsection (1)(b) must—
a: be in the prescribed form; and
b: be lodged with the Registrar with the notice of appeal if made after the expiration of the prescribed period.
3: Every notice of appeal must specify—
a: the finding, punishment, combination of punishments, or order appealed from; and
b: the grounds of appeal in sufficient detail to fully inform the Summary Appeal Court of the issues in the appeal; and
c: any other particulars that are prescribed by the rules of procedure for the purposes of this section.
4: If the time for lodging a notice of appeal with the Registrar expires on a day on which the office of the Registrar is closed, and by reason of that closure the notice cannot be lodged on that day, the notice is deemed to be lodged in time if it is lodged on the day on which the office is next open.
5: In this section, prescribed period
a: a period of 35 days commencing with the day after the day on which the finding of guilty by the disciplinary officer is recorded if the charge is tried summarily, or otherwise dealt with, under Part 5
b: a period of 21 days commencing with the day after the day on which the finding of guilty by the disciplinary officer is recorded if the charge is tried summarily, or otherwise dealt with, under Part 5 Section 125 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
126: Registrar and disciplinary officer must provide copies of documents
1: The Registrar must, as soon as practicable after receiving a notice of appeal, provide a copy of the notice of appeal to the disciplinary officer who made the finding of guilty and to the Director of Military Prosecutions.
2: The disciplinary officer must, within 14 days of receiving a copy of the notice of appeal under subsection (1), send to the Registrar the documents that are prescribed by the rules of procedure for the purposes of this section.
3: The Registrar must, within 7 days of receiving the documents under subsection (2), send a copy of those documents to the Director of Military Prosecutions and to the appellant. Section 126 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
127: Abandonment of appeal
1: An appellant may, at any time after he or she has lodged a notice of appeal, abandon the appeal by giving to the Registrar notice of abandonment in the prescribed form.
2: If it is contended on the appellant’s behalf that the appellant is insane, a notice of abandonment may be given and signed by the appellant’s representative.
3: The signature of the appellant or his or her representative to a notice of abandonment must be witnessed by a member of a specialist legal branch or corps in the Armed Forces, or the appellant’s commanding officer, or an officer not below the rank of lieutenant commander in the Navy, major in the Army, or squadron leader in the Air Force. Section 127 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007 Sittings, etc, of courts-martial Heading repealed 1 July 2009 section 86 Court Martial Act 2007
128: Effect of appeal on punishments and orders
A punishment, a combination of punishments, or an order appealed against under this Part is not suspended by reason of the appeal unless—
a: the rules of the Summary Appeal Court specify that the punishment, the combination of punishments, or the order is suspended; or
b: the Summary Appeal Court directs that the punishment, the combination of punishments, or the order is suspended. Section 128 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007 Special reference by Judge Advocate General Heading inserted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
129: Special references to Summary Appeal Court
1: The Judge Advocate General may refer 1 or more of the following matters to the Summary Appeal Court if the Judge Advocate General considers that it is in the interests of justice or discipline to do so:
a: a finding of guilty by a disciplinary officer:
b: the punishment, or the combination of punishments, imposed in relation to a finding of guilty by a disciplinary officer:
c: an order of compensation or restitution (or both) made in relation to a finding of guilty by a disciplinary officer:
d: an order made under section 117T
2: For the purposes of this Part, a referral under this section must, with all necessary modifications, be treated as an appeal by the person found guilty of the offence.
3: A reference under this section must—
a: be lodged with the Registrar; and
b: specify the finding, punishment, combination of punishments, or order concerned; and
c: specify the reasons for the reference in sufficient detail to fully inform the Summary Appeal Court of the issues in the appeal; and
d: specify any other particulars that are prescribed by the rules of procedure for the purposes of this section.
4: If a person has been found guilty of an offence by a disciplinary officer, any person (including the person found guilty) may, in the prescribed manner, petition the Judge Advocate General to refer to the Summary Appeal Court under this section 1 or more of the matters referred to in subsection (1)(a) to (d). Section 129 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
130: Person found guilty must be informed of reference and may comment
1: The Registrar must, as soon as practicable after receiving a reference from the Judge Advocate General, send to the person found guilty of the offence—
a: a copy of the reference; and
b: a notice, in the prescribed form, that—
i: asks for the person’s written views on the finding of guilty, the punishment, the combination of punishments, or the order concerned to be sent to the Registrar within the prescribed period; and
ii: asks for the person’s written advice as to whether he or she wants to be legally represented at an oral hearing of the matter to be sent to the Registrar within the prescribed period; and
iii: advises him or her of the effect of subsection (2).
2: The Summary Appeal Court may deal with a reference from the Judge Advocate General by way of a hearing on the papers if the person who is sent a notice under subsection (1)—
a: indicates that he or she does not want to be legally represented at an oral hearing of the matter; or
b: otherwise indicates that he or she does not require an oral hearing of the matter; or
c: does not provide written advice under subsection (1)(b)(ii) within the prescribed period.
3: In this section, prescribed period Section 130 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007 Powers of Summary Appeal Court Heading inserted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
131: Appeals to proceed by way of rehearing and general power of Summary Appeal Court
1: Appeals to the Summary Appeal Court proceed by way of rehearing.
2: The Summary Appeal Court has, for the purposes of this Act, full power to determine, under this Act, any question necessary to be determined for the purpose of doing justice in any case before the court. Section 131 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
131A: Special provisions in cases involving sexual violation
Section 131A repealed 1 July 2009 section 86 Court Martial Act 2007
132: Power of Summary Appeal Court in respect of finding of guilty
1: The Summary Appeal Court must, on an appeal against a finding that a person is guilty of an offence,—
a: allow the appeal if it considers that—
i: the finding of the disciplinary officer should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence; or
ii: the finding of the disciplinary officer involves a wrong decision on a question of law; or
iii: there was, on any ground, a miscarriage of justice; or
iv: the summary trial was a nullity; and
b: dismiss the appeal in any other case.
2: However, the Summary Appeal Court may dismiss the appeal if it considers that no substantial miscarriage of justice has actually occurred even though it considers that the point raised in the appeal might be decided in favour of the appellant.
3: If the Summary Appeal Court allows an appeal under subsection (1), the court—
a: must quash the finding of guilty; and
b: may do any of the following:
i: direct a finding of not guilty of having committed the offence to be entered; or
ii: direct a new trial to be held by the disciplinary officer or by the Court Martial; or
iii: make any other order that justice requires.
4: In making an order under subsection (3)(b)(ii), the Summary Appeal Court must—
a: advise the disciplinary officer or the Court Martial (as the case may be) of its reasons for so doing; and
b: give to the disciplinary officer or the Court Martial (as the case may be) any directions that it thinks fit.
5: In conducting a new trial of the charge, the disciplinary officer or the Court Martial (as the case may be) must have regard to the Summary Appeal Court’s reasons for making an order under subsection (3)(b)(ii), and to the court’s directions under subsection (4). Section 132 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007 Findings, etc, of courts-martial Heading repealed 1 July 2009 section 86 Court Martial Act 2007
133: Power of Summary Appeal Court in respect of punishments
1: The Summary Appeal Court may, on an appeal against a punishment or a combination of punishments,—
a: quash the punishment, or the combination of punishments, if—
i: all of the findings of guilty in relation to the punishment, or the combination of punishments, have seen quashed; or
ii: the court considers that the disciplinary officer did not have the power to impose the punishment or the combination of punishments; or
iii: the court considers that the punishment, or the combination of punishments, is too severe; or
b: vary the punishment, or the combination of punishments, if—
i: the court considers that the disciplinary officer did not have the power to impose the punishment or the combination of punishments; or
ii: the court considers that the punishment, or the combination of punishments, is too severe; or
c: dismiss the appeal.
2: The Summary Appeal Court may vary the punishment, or the combination of punishments, under subsection (1)(b) by substituting a punishment, or combination of punishments, that—
a: the disciplinary officer would have had the power to impose; and
b: in the opinion of the Summary Appeal Court, is no more severe than the punishment, or the combination of punishments, originally imposed.
3: If the punishment, or the combination of punishments, is varied, the varied punishment, or combination of punishments,—
a: is deemed to have been imposed by the disciplinary officer; and
b: has effect as if imposed on the day on which the original punishment, or combination of punishments, was imposed. Section 133 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
134: Power of Summary Appeal Court in respect of orders for compensation and restitution and orders to come up for punishment if called on
1: The Summary Appeal Court may, on an appeal against an order of compensation or restitution (or both) or an order under section 117T
a: quash the order if—
i: all of the findings of guilty in relation to the order have been quashed; or
ii: the court considers that the disciplinary officer did not have the power to make the order; or
iii: the court considers that the order is too severe; or
iv: in the case of an order under section 117T
b: vary the order if the court—
i: considers that the order is too severe; or
ii: otherwise considers that a variation is necessary for the maintenance of discipline or in the interests of justice; or
c: dismiss the appeal.
2: If an order under section 117T
a: the Summary Appeal Court may impose a punishment, or combination of punishments, that the disciplinary officer would have had the power to impose; and
b: that punishment, or combination of punishments,—
i: is deemed to have been imposed by the disciplinary officer; and
ii: has effect as if imposed on the day on which the order under section 117T
3: The Summary Appeal Court may vary the order under subsection (1)(b) by substituting an order—
a: that the disciplinary officer would have had the power to make; and
b: that, in the case of an order requiring the payment of compensation,—
i: reduces the amount of compensation to be paid; or
ii: increases the amount of compensation to be paid; and
c: that, in the case of an order requiring restitution,—
i: requires property additional to or different from that specified in the order to be restored to the person who appears to the court to be entitled to it; or
ii: excludes part of the property that is specified in the order if the court considers that the person to whom property is to be restored is not entitled to that part.
4: If an order is varied under this section, the varied order—
a: is deemed to have been made by the disciplinary officer; and
b: has effect as if made on the day on which the original order was made. Section 134 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
135: Supplementary powers of Summary Appeal Court
For the purposes of any proceedings in the Summary Appeal Court, the court may—
a: order that all necessary steps be taken to obtain from the disciplinary officer who tried, or otherwise dealt with, the charge against the appellant a report that—
i: sets out the disciplinary officer’s opinion on the case or on any point arising in the case; or
ii: contains a statement of any facts that the court considers to be in need of clarification because they appear to the court to be material for the purpose of the determination of the case:
b: appoint any person with special expert knowledge to act as an assessor to the court in any case if it appears to the court that special knowledge is required for the proper determination of the case:
c: issue any warrants necessary for enforcing the orders of, or punishments imposed by, the court. Section 135 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007 Decisions of Summary Appeal Court Heading inserted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
136: Decisions of Summary Appeal Court final
1: The decision of the Summary Appeal Court on any appeal under this Part is final and conclusive, and there is no right of appeal against the court’s decision.
2: The Summary Appeal Court must state its reasons in writing for a decision on any appeal under this Part. Section 136 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007 Sittings of Summary Appeal Court Heading inserted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
137: Sittings of Summary Appeal Court
1: The Summary Appeal Court—
a: must sit in open court unless section 138 139
b: may sit in any place that the Judge Advocate General may direct, whether in New Zealand or elsewhere; and
c: may conduct its proceedings by teleconference or by any means of communication that allows individuals a reasonable opportunity to participate in the proceedings.
2: Subsection (1)(c) is subject to the rules of procedure.
3: A sitting of the Summary Appeal Court may be adjourned from time to time and from place to place. Section 137 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
138: When Summary Appeal Court must hold proceedings in closed court
1: The Summary Appeal Court must hold its proceedings in closed court while deliberating on whether to allow an appeal.
2: The Summary Appeal Court may hold its proceedings in closed court on any other deliberation.
3: When the Summary Appeal Court holds its proceedings in closed court, only the following persons may be present:
a: the Judge:
b: any other persons authorised by the Judge. Section 138 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
139: Summary Appeal Court may limit scope of open court
1: In any proceedings in the Summary Appeal Court, the court may make any of the orders specified in subsection (2) limiting the scope of open court if the court considers that—
a: a statement may be made or evidence given in the course of those proceedings that might lead to the disclosure of information that would or might—
i: be directly or indirectly useful to the enemy or any foreign country; or
ii: be otherwise harmful to New Zealand; or
b: the making of the order—
i: is necessary in the interests of justice; or
ii: is desirable in the interests of public morality; or
iii: is necessary for the protection of the reputation of a victim of an alleged sexual offence or offence of extortion.
2: The orders referred to in subsection (1) are as follows:
a: an order forbidding publication of any report or account of the whole or any part of the proceedings, including any evidence adduced or submissions made:
b: an order forbidding the publication of the name of any person connected, whether as a witness or otherwise, with the proceedings or of any name or particulars likely to lead to the identification of that person:
c: an order excluding all or any persons, except the following:
i: the Director of Military Prosecutions or any person acting on behalf of the Director:
ii: the appellant’s counsel:
iii: the Registrar or any other officer of the Summary Appeal Court:
iv: an interpreter required in the proceedings:
v: a person expressly permitted by the Summary Appeal Court to be present.
3: However, the Summary Appeal Court may make an order specified in subsection (2)(c) that has the effect of excluding any accredited news media reporter from the proceedings only on the grounds specified in subsection (1)(a), but not on any of the grounds specified in subsection (1)(b).
4: An order specified in subsection (2)—
a: may be made for a limited period or permanently; and
b: if it is made for a limited period, may be renewed for a further period or periods or made permanent by the Summary Appeal Court at any time; and
c: if it is made permanently, may be reviewed by the Summary Appeal Court at any time. Section 139 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007 Miscellaneous procedural provisions Heading substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
140: Right of appellant to present his or her case in writing and restricted right of appellant to be present
1: An appellant under this Part may, instead of having his or her case presented orally, have it presented in writing.
2: If subsection (1) applies, the Summary Appeal Court may deal with the appellant’s case by way of a hearing on the papers.
3: An appellant under this Part is not entitled to be present at the hearing of an appeal under this Part or at any proceedings preliminary or incidental to that appeal.
4: Subsection (3) does not apply if—
a: the rules of procedure provide that the appellant has the right to be present; or
b: the Summary Appeal Court gives the appellant leave to be present.
5: A power of the Summary Appeal Court under this Part may be exercised despite the absence of the appellant. Section 140 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
141: Defence of appeals and representation of appellant
1: The Director of Military Prosecutions must undertake the defence of an appeal to the Summary Appeal Court.
2: An appellant under this Part may be represented by a lawyer. Section 141 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
142: Costs of appeal
1: On the hearing and determination of an appeal or any proceedings preliminary or incidental to the appeal under this Part, no costs may be allowed on either side.
2: The following expenses must be defrayed in the same manner as the expenses of a trial of a criminal case in the High Court:
a: the expenses of any witnesses attending on the order of the Summary Appeal Court or examined in any proceedings preliminary or incidental to the appeal under this Part:
b: the expenses of, and incidental to, the appearance of the appellant on the hearing of his or her appeal under this Part or on any proceedings preliminary or incidental to that appeal:
c: all expenses of, and incidental to, any examination of witnesses conducted by any person appointed by the Summary Appeal Court for the purpose:
d: the expenses of any person appointed as assessor to the Summary Appeal Court. Section 142 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
143: Removal of prisoners for purposes of proceedings under this Part
Provision may be made by orders made by the Chief of Defence Force, or by regulations made under the Corrections Act 2004
a: taken to, kept in custody at, and brought back from any place at which he or she is entitled to be present for the purposes of this Part; or
b: taken to any place to which the Summary Appeal Court may order him or her to be taken for the purpose of any hearing or proceedings of the court. Section 143 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007 Contempt of courts-martial Heading repealed 1 July 2009 section 86 Court Martial Act 2007
144: Duties of Registrar with respect to appeals
1: The Registrar must—
a: take all necessary steps for obtaining the determination of an appeal under this Part; and
b: obtain and lay before the Summary Appeal Court in proper form all documents, exhibits, and other things relating to the relevant summary trial that appear necessary for the proper determination of the appeal; and
c: provide the necessary forms and instructions relating to notices of appeal under this Part to any person who asks for them, to persons in charge of places where persons punished by a disciplinary officer may lawfully be detained, and to any other persons that the Registrar thinks fit.
2: Every person in charge of a place referred to in subsection (1)(c) must cause the forms and instructions to be placed at the disposal of persons detained in that place who desire to lodge a notice of appeal under this Part. Section 144 substituted 1 July 2009 section 38 Armed Forces Discipline Amendment Act (No 2) 2007
6: Courts-martial
Part 6 repealed 1 July 2009 section 86 Court Martial Act 2007
7: Other provisions relating to proceedings generally
Part 7 heading substituted 1 July 2009 section 39 Armed Forces Discipline Amendment Act (No 2) 2007
145: Application of
subpart 3 of Part 5 of the Criminal Procedure Act 2011 Subpart 3 Section 145 substituted 1 July 2009 section 40 Armed Forces Discipline Amendment Act (No 2) 2007 Section 145 heading amended 5 March 2012 (applying in relation to a proceeding for an offence that was commenced before that date) section 393 Criminal Procedure Act 2011 Section 145 amended 5 March 2012 (applying in relation to a proceeding for an offence that was commenced before that date) section 393 Criminal Procedure Act 2011
146: Witnesses may be compelled to attend courts-martial, etc
Section 146 repealed 1 July 2009 section 41 Armed Forces Discipline Amendment Act (No 2) 2007
147: Evidence in proceedings under this Act
Section 147 repealed 1 July 2009 section 41 Armed Forces Discipline Amendment Act (No 2) 2007
148: Evidence of civil conviction or acquittal
1: If any person subject to this Act has been tried by any civil court, the Registrar of that court or his deputy, or any other officer having the custody of the records of the court, shall, if required by the commanding officer of that person, or by any other officer, and without payment of any fee, transmit to him a certificate signed by the Registrar or deputy or other officer and stating all or any of the following matters:
a: that the said person has been tried before the court for an offence specified in the certificate:
b: the result of the trial:
c: what judgment or order was given or made by the court.
2: Any such certificate shall be evidence of the matters specified in it. 1950 No 39 s 119; 1950 No 40 s 119; Army Act 1955 s 199(1) (UK); Air Force Act 1955 s 199(1) (UK)
149: Evidence of proceedings of court-martial
Section 149 repealed 1 July 2009 section 42 Armed Forces Discipline Amendment Act (No 2) 2007 Rules of procedure Heading inserted 1 July 2009 section 43 Armed Forces Discipline Amendment Act (No 2) 2007
150: Rules of procedure
1: The Governor-General may, by Order in Council, make rules of procedure for all or any of the following purposes:
a: providing for the drawing of charges:
b: providing for the procedures for bringing charges before disciplinary officers:
c: providing for the manner in which charges brought before disciplinary officers are to be investigated or otherwise dealt with under Part 5
d: providing for the replacement of a disciplinary officer in the event of the officer being unable to continue to act:
e: providing for the advice that must be given under section 117O
f: providing for the withdrawal of an election for trial by the Court Martial, including providing for when and how that withdrawal may be made and how that withdrawal must be dealt with:
g: prescribing information, documents, and forms for the purposes of any provision of this Act, the rules of procedure, or the Court Martial Act 2007
h: authorising the Chief of Defence Force to prescribe the information, documents, and forms referred to in paragraph (g)
i: providing for the recording of proceedings before disciplinary officers (including providing for the authentication, storage, and control of, and access to, those records):
j: providing for adequate disclosure to be made to an accused or an appellant in connection with a proceeding before a military tribunal:
k: providing for the payment of fees, allowances, and expenses of witnesses and interpreters giving evidence before a military tribunal or a court of inquiry and prescribing the amount of the fees, allowances, and expenses payable or the method by which they are to be calculated:
l: providing for the procedure to be observed in proceedings before the Summary Appeal Court:
m: providing for the procedure to be observed in trials by the Court Martial:
n: providing for the recording of pleas in relation to charges before the Court Martial (including the recording of a plea of guilty before a Judge sitting alone) and the circumstances in which a plea may be accepted:
o: providing for the procedure to be observed in new trials by disciplinary officers or the Court Martial directed to be held under any provision of this Act or of the Court Martial Appeals Act 1953
p: empowering the Director of Military Prosecutions, with the leave of a Judge, in such cases and to such extent as the rules specify, to amend a charge before the Court Martial:
q: specifying any matter referred to in section 87A(1)
r: specifying any matter referred to in section 87A(1) section 152(1)
s:
t: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect, in relation to the investigation, trial, and punishment of offences against this Act.
2: Rules 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 150(1) substituted 1 July 2009 section 43 Armed Forces Discipline Amendment Act (No 2) 2007 Section 150(1)(k) substituted 7 July 2010 section 9(1) Armed Forces Discipline Amendment Act 2010 Section 150(1)(r) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 150(1)(s) repealed 7 July 2010 section 9(2) Armed Forces Discipline Amendment Act 2010 Section 150(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Protection from civil liability, privileges, and immunities Heading inserted 1 July 2009 section 43 Armed Forces Discipline Amendment Act (No 2) 2007
150A: Protection from civil liability
No civil proceedings may be brought against a military tribunal or court of inquiry and, as the case may be, any of its members for anything done or omitted to be done, or for any words spoken or written, in good faith, at, or for the purposes of, any proceedings before that tribunal or court of inquiry under this Act. Section 150A inserted 1 July 2009 section 43 Armed Forces Discipline Amendment Act (No 2) 2007
150B: Privileges and immunities of witnesses and of certain other persons appearing before military tribunals and courts of inquiry
The following persons have the same privileges and immunities as witnesses, counsel, and interpreters in the High Court:
a: every witness attending and giving evidence before a military tribunal or court of inquiry; and
b: every defending officer and every presenting officer appearing before a disciplinary officer; and
c: the Director of Military Prosecutions and every counsel appearing before the Court Martial or the Summary Appeal Court; and
d: every counsel appearing before a court of inquiry; and
e: every interpreter appearing before a military tribunal or court of inquiry. Section 150B inserted 1 July 2009 section 43 Armed Forces Discipline Amendment Act (No 2) 2007 Power to summon witnesses Heading inserted 1 July 2009 section 43 Armed Forces Discipline Amendment Act (No 2) 2007
150C: Power to summon witnesses
1: The persons referred to in subsection (2) may issue a summons requiring any person to—
a: attend at the time and place specified in the summons; and
b: give evidence; and
c: produce any papers, documents, records, or things in that person’s possession or under that person’s control that are relevant to the subject of the relevant proceedings.
2: The persons are—
a: a disciplinary officer (for the purposes of any proceedings before the disciplinary officer):
b: the Judge or the Registrar of the Summary Appeal Court (for the purposes of any proceedings in the Summary Appeal Court).
3: A summons—
a: must be in the prescribed form; and
b: may be issued—
i: on the initiative of the disciplinary officer, Judge, or Registrar of the Summary Appeal Court; or
ii: on the application of the presenting officer, the Director of Military Prosecutions, the accused, or the appellant. Section 150C inserted 1 July 2009 section 43 Armed Forces Discipline Amendment Act (No 2) 2007
150D: Service of summons
1: A summons to a witness may be served—
a: by delivering it to the person summoned; or
b: by posting it by registered letter addressed to the person summoned at that person’s usual place of residence.
2: The summons must,—
a: if it is served under subsection (1)(a), be served at least 24 hours before the attendance of the witness is required:
b: if it is served under subsection (1)(b), be served at least 10 days before the date on which the attendance of the witness is required.
3: If the summons is posted by registered letter, it is deemed for the purposes of subsection (2)(b) to be served at the time when the letter would be delivered in the ordinary course of post. Section 150D inserted 1 July 2009 section 43 Armed Forces Discipline Amendment Act (No 2) 2007 Contempt Heading inserted 1 July 2009 section 43 Armed Forces Discipline Amendment Act (No 2) 2007
150E: Contempt of military tribunal or court of inquiry
A person who is not subject to this Act commits a contempt of a military tribunal or court of inquiry if the person—
a: fails without reasonable excuse to comply with a summons or order to attend as a witness before the military tribunal or court of inquiry; or
b: refuses to swear an oath when required to do so by the military tribunal or court of inquiry; or
c: refuses to produce any papers, documents, records, or things in that person’s possession or under that person’s control that the military tribunal or court of inquiry has lawfully required the person to produce; or
d: being a witness, refuses to answer any question that the military tribunal or court of inquiry has lawfully required the person to answer; or
e: disobeys or evades any order or direction made or given by the military tribunal or court of inquiry in the course of the hearing of any proceedings before it; or
f: wilfully publishes any statement in respect of the proceedings of the military tribunal or court of inquiry that—
i: without foundation states or implies that the military tribunal or court of inquiry has not acted or is not acting impartially; or
ii: is likely to interfere with the proper administration of justice; or
g: insults, threatens, or interferes with a disciplinary officer or any member of the Summary Appeal Court, the Court Martial, or the court of inquiry while the disciplinary officer or member is attending, or is on the way to or from, the proceedings before the disciplinary officer, the Summary Appeal Court, the Court Martial, or the court of inquiry; or
h: insults, threatens, or interferes with any witness or other person under a duty to attend the proceedings of the military tribunal or court of inquiry while the witness or other person is attending, or is on the way to or from, the proceedings of the military tribunal or court of inquiry; or
i: interrupts the proceedings of the military tribunal or court of inquiry or otherwise misbehaves during the proceedings. Section 150E inserted 1 July 2009 section 43 Armed Forces Discipline Amendment Act (No 2) 2007
150F: District Court may deal with person who has committed contempt
1: This section applies if a military tribunal or court of inquiry considers that a person who is not subject to this Act has committed a contempt of the military tribunal or court of inquiry.
2: The military tribunal or court of inquiry may order any constable
3: The actions referred to in subsection (2) are—
a: to remove the person from the place where the proceedings are being held and to prevent that person from re-entering that place until the military tribunal or court of inquiry has risen; or
b: if the military tribunal or court of inquiry is held in New Zealand, to arrest the person and take him or her before the nearest office of the
4: If a person alleged to have committed contempt of a military tribunal or court of inquiry is brought before the District Court
a: must inquire into the alleged contempt; and
b: may find the person guilty of the contempt after hearing—
i: any witnesses against or on behalf of the person; and
ii: any statement that may be offered in defence.
5: The penalty for contempt of a military tribunal or court of inquiry is imprisonment for a term not exceeding 1 month or a fine not exceeding $1,000, or both. Section 150F inserted 1 July 2009 section 43 Armed Forces Discipline Amendment Act (No 2) 2007 Section 150F(3)(b) amended 1 March 2017 section 261 District Court Act 2016 Section 150F(4) amended 1 March 2017 section 261 District Court Act 2016
150G: Contempt by counsel
1: If counsel appears at any hearing before a military tribunal or court of inquiry, the following provisions apply:
a: any conduct of counsel that would be liable to censure or would constitute contempt of court if it took place before the High Court is similarly liable to censure by the military tribunal or court of inquiry or, as the case may be, similarly constitutes contempt of the military tribunal or court of inquiry:
b: the rules of procedure and any rules prescribed for the guidance of counsel appearing before the military tribunal or court of inquiry are binding on counsel:
c: counsel—
i: is guilty of professional misconduct if he or she disobeys any of those rules; and
ii: commits a contempt of the military tribunal or court of inquiry if he or she perseveres in the disobedience:
d: if counsel is alleged to have committed conduct liable to censure, or a contempt of the military tribunal or court of inquiry, he or she may be dealt with in the same manner as a person who is alleged to have committed a contempt of the military tribunal or court of inquiry under section 150E
2: This section does not limit sections 150E 150F Section 150G inserted 1 July 2009 section 43 Armed Forces Discipline Amendment Act (No 2) 2007
8: Reconsideration of sentences of imprisonment or detention
Part 8 substituted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007
151: Reconsidering Authority established
1: The Reconsidering Authority is established.
2: The Authority consists of—
a: a Judge appointed to the Authority by the Chief Judge; and
b: 2 or more superior commanders appointed to the Authority by or on behalf of the Judge Advocate General.
3: An appointment under this section must be made by written notice to the person concerned.
4: The powers of the Authority are not affected by any vacancy in its membership. Section 151 substituted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007
152: Functions and powers of Authority
1: The Authority—
a: must reconsider every sentence of imprisonment or detention imposed by the Court Martial that is for a term of 6 months or more; and
b: may reconsider any other sentence of imprisonment or detention imposed by the Court Martial.
2: The Authority must reconsider each sentence of imprisonment or detention at least once every 6 months while the sentence is being served.
3: Delay in complying with subsection (1) does not affect or invalidate any sentence of imprisonment or detention imposed under this Act.
4: For the purpose of determining the date on which a sentence should be reconsidered, an offender must be taken to have been serving the sentence during the whole of any period that the offender was held in custody.
5: Subsection (4) does not limit or affect section 177 179 Section 152 substituted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007
153: Petition for reconsideration
1: A service prisoner or detainee may lodge a petition against his or her sentence with the Authority.
2: The petition—
a: must be in the prescribed form; and
b: must be handed to the officer in charge of the place where the service prisoner or detainee is confined.
3: The officer in charge of that place must forward the petition to the Authority as soon as practicable after receiving it. Section 153 substituted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007
154: Authority must consider petition for reconsideration
1: The Authority must consider every petition it receives under section 153
2: However, if the Authority remits a punishment or part of a punishment, it must not make a decision that has the effect of imposing a punishment more severe than the punishment that had effect before that remission. Section 154 substituted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007 Section 154(2) substituted 7 July 2010 section 10 Armed Forces Discipline Amendment Act 2010
155: Procedure for reconsideration
1: The Authority must give a service prisoner or detainee whose sentence is to be reconsidered at least 14 days’ written notice of the reconsideration.
1A: The Authority must take all reasonable steps to give every victim of the service prisoner or detainee prior written notice of the reconsideration.
1B: A victim of the service prisoner or detainee may—
a: write to the Authority by a given date, making submissions on, or giving information relevant to, the reconsideration; and
b: if the reconsideration relates to a prisoner who is subject to a long-term sentence, request information on the prisoner.
2: The service prisoner or detainee may—
a: request a hearing before the Authority; and
b: be legally represented at the hearing.
3: If the service prisoner or detainee requests a hearing under subsection (2)(a),—
a: the Director of Military Prosecutions—
i: must be given reasonable prior written notice of the date and time of the hearing; and
ii: may attend and be heard at the hearing (whether personally or through an agent); and
b: the Authority must make reasonable efforts to ensure that every victim of the service prisoner or detainee is given reasonable prior written notice of the date and time of the hearing.
3A: Every victim of the service prisoner or detainee is entitled—
a: to appear and make oral submissions to the Authority for the purpose of assisting the Authority to reach a decision; and
b: with the leave of the Authority, to be represented by counsel; and
c: to be accompanied by 1 or more support persons (subject to any limitation on numbers imposed by the Authority), who may, with the leave of the Authority,—
i: speak in support of the victim; and
ii: with the permission of the victim, speak on behalf of the victim.
4: If the service prisoner or detainee does not request a hearing under subsection (2)(a), the Authority must conduct the reconsideration of the sentence by way of a hearing on the papers.
5: In this section,— long-term sentence victim section 198I Section 155 substituted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007 Section 155(1A) inserted 30 November 2018 section 9(1) Military Justice Legislation Amendment Act 2018 Section 155(1B) inserted 30 November 2018 section 9(1) Military Justice Legislation Amendment Act 2018 Section 155(3) replaced 30 November 2018 section 9(2) Military Justice Legislation Amendment Act 2018 Section 155(3A) inserted 30 November 2018 section 9(2) Military Justice Legislation Amendment Act 2018 Section 155(5) inserted 30 November 2018 section 9(3) Military Justice Legislation Amendment Act 2018
155A: Information for victims
1: If a victim requests information under section 155(1B)(b)
a: a list of any programmes that the service prisoner has attended since commencing the service prisoner’s sentence, and a list of any programmes that the service prisoner has completed:
b: a statement of the service prisoner’s current security classification:
c: a list of any offences that the service prisoner has been convicted of since commencing the service prisoner’s sentence:
d: a statement that the purpose of providing the victim with information about the service prisoner is to assist the victim to make submissions, and that the information is not to be used for any other purpose.
2: The relevant person must prepare the information and send it to the victim and the Authority before every reconsideration hearing for the service prisoner.
3: In this section, relevant person
a: if the service prisoner is detained in a prison, the chief executive of the Department of Corrections; or
b: in every other case, the Director of Military Prosecutions. 2002 No 10 s 44 Section 155A inserted 30 November 2018 section 10 Military Justice Legislation Amendment Act 2018
156: Authority may call for written reports and hear evidence
The Authority—
a: may call for any written reports that it thinks fit in respect of a service prisoner or detainee serving a sentence of imprisonment or detention that is before it for reconsideration:
b: may hear evidence if a hearing is held. Section 156 substituted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007
157: Authority may regulate its procedure
1: The Authority may regulate its own procedure as it sees fit.
2: If it is necessary for the Authority to vote on any matter in order to reach a decision, each member of the Authority has 1 vote and the matter must be decided by a majority of votes. Section 157 substituted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007
158: Power of Authority to remit whole or part of sentence
1: At the conclusion of a reconsideration of a sentence of imprisonment or detention, the Authority may remit the whole or any part of the sentence that remains to be served on any of the following grounds:
a: good conduct by the service prisoner or detainee during the term of the sentence:
b: compassionate grounds:
c: any other grounds that the Authority thinks proper.
2: Whether or not the Authority remits the whole or any part of the sentence that remains to be served, the Authority must arrange for particulars of its decision to be promulgated in the manner that may be prescribed in the rules of procedure.
3: A decision of the Authority takes effect from the date of its promulgation. Section 158 substituted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007
159: Chief Judge may delegate to Registrar of Court Martial duty to appoint Judge to Authority
1: The Chief Judge may, either generally or particularly, delegate to the Registrar of the Court Martial the Chief Judge’s duty under section 151(2)(a)
2: A delegation—
a: must be in writing; and
b: may be made subject to any restrictions that the Chief Judge thinks fit; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the Chief Judge.
3: The Registrar of the Court Martial may perform any duties delegated under subsection (1) in the same manner and with the same effect as if they had been conferred on him or her directly by this Act and not by delegation.
4: If the Registrar of the Court Martial appears to act under subsection (1), he or she is presumed to be acting in accordance with the terms of delegation in the absence of evidence to the contrary. Section 159 substituted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007
8A: Armed Forces Discipline Committee
Part 8A inserted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007 Establishment of Armed Forces Discipline Committee Heading inserted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007
160: Armed Forces Discipline Committee established
1: The Armed Forces Discipline Committee is established.
2: The Discipline Committee consists of the following 9 members:
a: the Chief of Defence Force, who will be the chairperson of the Committee; and
b: the Vice Chief of Defence Force; and
c: the Chief of Navy; and
d: the Chief of Army; and
e: the Chief of Air Force; and
f: the Commander Joint Forces New Zealand; and
g: the Judge Advocate General; and
h: the Director of Military Prosecutions; and
i: a representative of the Armed Forces Defence Counsel Panel who is appointed by the Judge Advocate General.
3: The Judge Advocate General must—
a: make an appointment under subsection (2)(i) by written notice to the person concerned; and
b: provide a copy of the notice to the Chief of Defence Force.
4: The notice must—
a: state the date on which the appointment takes effect, which must not be earlier than the date on which the notice is received; and
b: state the term of the appointment.
5: The powers of the Discipline Committee are not affected by any vacancy in its membership. Section 160 substituted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007
160A: Reviewing authority to review decision to take other offences into consideration
Section 160A repealed 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007
161: Purpose of Discipline Committee
The purpose of the Discipline Committee is to produce sentencing guidelines for offences against this Act in order to ensure consistency in sentencing practice Section 161 substituted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007 Section 161 amended 30 November 2018 section 11 Military Justice Legislation Amendment Act 2018
162: Functions of Discipline Committee
1: The functions of the Discipline Committee are—
a: to produce sentencing guidelines on the following in relation to offences against this Act:
i: sentencing principles:
ii: sentencing levels:
iii: particular types of sentences:
iv: other matters relating to sentencing practice:
v: grounds for departure from the sentencing guidelines; and
b: any functions that are incidental and related to, or consequential on, its functions set out in paragraph (a).
2: In performing its functions, the Discipline Committee must ensure that any sentencing guidelines it produces are, to the extent that it is applicable, consistent with the Sentencing Act 2002
3: The Discipline Committee must carry out its functions independently of the Minister. Section 162 substituted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007 Section 162(2) replaced 3 June 2017 section 4(2) Statutes Repeal Act 2017
163: Chief of Defence Force must publish sentencing guidelines
The Chief of Defence Force must publish any sentencing guidelines produced by the Discipline Committee under this Part as Defence Force Orders. Section 163 substituted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007 Administrative provisions relating to Discipline Committee Heading inserted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007
164: Appointed member
1: A person who is appointed under section 160(2)(i) appointed member
2: An appointed member may be reappointed for 1 further term, but the total of the further term together with the initial term must not exceed 7 years.
3: An appointed member continues in office despite the expiry of his or her term of office until—
a: the member is reappointed; or
b: the member’s successor is appointed.
4: An appointed member may resign from office by written notice to the Judge Advocate General.
5: An appointed member may at any time be removed from office by written notice from the Judge Advocate General for inability to perform the functions of office, neglect of duty, or misconduct. Section 164 substituted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007
165: Remuneration of members
1: A person who is a member of the Discipline Committee because of his or her office is not entitled to receive any fees, allowances, or expenses for services as a member in addition to his or her remuneration in respect of that office.
2: An appointed member is entitled to receive the fees, allowances, and expenses for services as a member that are fixed or determined by or in accordance with regulations made under section 205(1)(c) Section 165 substituted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007
166: Procedure of Discipline Committee generally
The Discipline Committee may regulate its own procedures. Section 166 substituted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007
166A: Quorum for meetings
1: A quorum for a meeting of the Discipline Committee—
a: is the number that is half the number of members; and
b: must include the Chief of Defence Force and the Judge Advocate General.
2: No business may be transacted at a meeting of the Discipline Committee if a quorum is not present. Section 166A inserted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007
166B: Other procedure at meetings
Every written report submitted by the senior military member of the Court Martial under section 34 Section 166B inserted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007
166C: Voting at meetings
1: Each member of the Discipline Committee has 1 vote.
2: In addition to his or her general vote, the chairperson has, in the case of an equality of votes, a casting vote.
3: A decision whether or not to finalise any sentencing guidelines must be decided by a majority vote of the Chief of Defence Force, the Judge Advocate General, and any other members present. Section 166C inserted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007
166D: Protection from liability
No member of the Discipline Committee is personally liable for any act done or omitted to be done by the Committee in good faith in the performance or intended performance of its functions. Section 166D inserted 1 July 2009 section 44 Armed Forces Discipline Amendment Act (No 2) 2007
9: Provisions relating to the carrying out of punishments
Death Heading repealed 26 December 1989 section 5(1) Abolition of the Death Penalty Act 1989
167: Execution of sentences of death
Section 167 repealed 26 December 1989 section 5(1) Abolition of the Death Penalty Act 1989 Imprisonment and detention
168: Manner in which sentences of imprisonment and detention are to be served
1: Every service prisoner sentenced to imprisonment under this Act shall serve the sentence in a prison
2: The Parole Act 2002 prison section 55
2A: The sentence of a service prisoner who is serving a sentence of imprisonment in a prison Part 8
3: Subject to the provisions of orders made by the Chief of Defence Force section 175
a: in a detention quarter; or
b: in service custody; or
c: in the case of a detainee who is for the time being attached to any part of the Army or Air Force which is on active service or who is a soldier or airman on active service, as field punishment if so ordered by the Court Martial or disciplinary officer or partly in one way and partly in another: provided that a service detainee who has once been transferred to a detention quarter after having served part of the term of his detention as field punishment shall not be subsequently required to serve as field punishment any further part of that term of detention or the term or part of the term of a concurrent or consecutive sentence of detention. 1950 No 39 s 68(2), (3); 1950 No 40 s 68(2), (3); Naval Discipline Act 1957 s 81(1), (2) (UK) Section 168(1) amended 1 June 2005 section 206 Corrections Act 2004 Section 168(2) substituted 30 June 2002 section 125 Parole Act 2002 Section 168(2) amended 1 June 2005 section 206 Corrections Act 2004 Section 168(2A) inserted 30 June 2002 section 125 Parole Act 2002 Section 168(2A) amended 1 July 2009 section 45(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 168(2A) amended 1 June 2005 section 206 Corrections Act 2004 Section 168(3) amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 168(3)(c) amended 1 July 2009 section 45(2) Armed Forces Discipline Amendment Act (No 2) 2007
169: Committal, removal, release, etc, of
members of the Armed Forces
1: An order of a competent service authority shall be sufficient authority for the committal—
a: of a service prisoner to a service prison or to a detention quarter or, if the order so specifies, to a prison
b: of a service detainee to a detention quarter.
2: An order of a disciplinary officer
3: An order of a competent service authority shall be sufficient authority—
a: for the transfer of a service prisoner—
i: from a service prison or prison
ii: from a detention quarter to a service prison or a prison
iii: from a service prison to a prison
iv: from a prison
v: from one service prison, prison
b: for the transfer of a service detainee from one detention quarter to another; or
c: for the delivery into service custody of a service prisoner or service detainee.
4: Without limiting the provisions of subsections (1) to (3), where any person has been convicted by the Court Martial Force the Court Martial section 76
5: Where the sentence of any service prisoner or detainee is remitted, he shall be released as soon as practicable thereafter by order of a competent service authority.
6: A service prisoner or detainee may during his transfer from one place to another, whether on board a ship, aircraft, or other means of transport, be subjected only to such restraint as may be necessary to ensure his safe conduct and removal. 1950 No 39 ss 71, 120; 1950 No 40 ss 71, 120; Naval Discipline Act 1957 ss 81(3), 84 (UK) Section 169 heading amended 1 April 1990 section 105(1) Defence Act 1990 Section 169(1) substituted 1 December 1983 Armed Forces Discipline Amendment Act 1980 Section 169(1)(a) amended 1 June 2005 section 206 Corrections Act 2004 Section 169(2) amended 1 July 2009 section 46(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 169(3)(a)(i) amended 1 June 2005 section 206 Corrections Act 2004 Section 169(3)(a)(ii) amended 1 June 2005 section 206 Corrections Act 2004 Section 169(3)(a)(iii) amended 1 June 2005 section 206 Corrections Act 2004 Section 169(3)(a)(iv) amended 1 June 2005 section 206 Corrections Act 2004 Section 169(3)(a)(v) amended 1 June 2005 section 206 Corrections Act 2004 Section 169(4) amended 1 July 2009 section 46(2)(a) Armed Forces Discipline Amendment Act (No 2) 2007 Section 169(4) amended 1 July 2009 section 46(2)(b) Armed Forces Discipline Amendment Act (No 2) 2007 Section 169(4) amended 1 July 2009 section 46(2)(c) Armed Forces Discipline Amendment Act (No 2) 2007 Section 169(4) amended 1 April 1990 section 105(1) Defence Act 1990
170: Duty of
prison managers
1: It is the duty of the prison manager prison prison
2: Where a prisoner is in service custody pursuant to a sentence of imprisonment or detention imposed on him under this Act, then on receipt of a written order in that behalf purporting to be signed by the prisoner’s commanding officer, it shall be the duty of any such prison manager constable 1950 No 39 s 72; 1950 No 40 s 72; Army Act 1955 s 129 (UK); Air Force Act 1955 s 129 (UK); Naval Discipline Act 1957 s 107 (UK) Section 170 heading amended 1 June 2005 section 206 Corrections Act 2004 Section 170(1) amended 1 June 2005 section 206 Corrections Act 2004 Section 170(2) amended 1 October 2008 section 116(a)(iv) Policing Act 2008 Section 170(2) amended 1 June 2005 section 206 Corrections Act 2004
171: Places in which sentences of imprisonment or detention may be served
1: Subject to the provisions of this section and of section 172 provided that if—
a: he was enlisted in any territory administered by Her Majesty the Queen in right of New Zealand; and
b: he belongs to a class of persons enlisted from any such territory; and
c: the Governor-General has arranged for any person of that class sentenced to imprisonment or detention under this Act to be transferred to that territory to serve his sentence there— he may be removed to a prison or detention quarter in that territory to serve his sentence.
2: A competent service authority may give directions for delivery into service custody of any service prisoner or detainee, and for the removal of any such prisoner or detainee, whether separately or with the part of the force to which he belongs, to any place outside New Zealand where the part of the force to which he belongs for the time being is serving or is under orders to serve.
3: A service prisoner or detainee shall, if he was sentenced outside New Zealand, serve his sentence either in the country in which he was sentenced or in accordance with the provisions of subsection (4): provided that, if the term of his sentence exceeds 12 months, he shall be transferred as soon as practicable after being sentenced to a prison the Court Martial
4: Subject to the provisions of this section—
a: a service prisoner who has been sentenced to imprisonment in any place outside New Zealand may be committed or, if he has been committed to prison, be removed, if the occasion arises, to a service prison or a detention quarter wherever situated: provided that this paragraph shall not authorise his removal from a prison
b: a service detainee sentenced to detention in any place outside New Zealand may be committed, or if he has been committed to a detention quarter, be removed, if the occasion arises, to a detention quarter wherever situated: provided that this paragraph shall not authorise his removal from a detention quarter in New Zealand to a detention quarter outside New Zealand. 1950 No 39 s 69; 1950 No 40 s 69; Army Act 1955 s 127 (UK); Air Force Act 1955 s 127 (UK); Naval Discipline Act 1957 s 81 (UK) Section 171(3) proviso amended 1 July 2009 section 47 Armed Forces Discipline Amendment Act (No 2) 2007 Section 171(3) proviso amended 1 June 2005 section 206 Corrections Act 2004 Section 171(4)(a) proviso amended 1 June 2005 section 206 Corrections Act 2004
172: Imprisonment and detention of members of other forces attached to Armed Forces
1: This section applies if—
a: a member of the armed forces of another State is attached to any Service under section 23A the Court Martial
b: an arrangement is for the time being in force with the appropriate authority of that State that enables the return of the member for the purpose of serving any such sentence in that State.
2: A competent service authority may give directions for the delivery of the member so sentenced into the custody of the forces of that State (whether in New Zealand or elsewhere) and his or her removal to that State for the purpose of serving the sentence.
3: Any member of the forces of any State in respect of whom any such directions are given by a competent service authority may, until that member is delivered into the custody of those forces, be kept in service custody or civil custody, or partly in service custody or partly in civil custody.
4: Any such member may, by order of a competent service authority, from time to time be transferred from service custody to civil custody or from civil custody to service custody, as the occasion may require.
5: Any such member may during his or her transfer from one place to another, whether on board a ship or an aircraft or other means of transport, be subjected only to such restraint as may be necessary to ensure his or her safe conduct and removal. Section 172 substituted 1 July 2004 section 26 Visiting Forces Act 2004 Section 172(1)(a) amended 1 July 2009 section 48 Armed Forces Discipline Amendment Act (No 2) 2007
173: Imprisonment and detention of members of Armed Forces attached to other forces
1: This section applies if—
a: a member of the Armed Forces is attached to the forces of another State under section 23
b: an arrangement is for the time being in force with the appropriate authority in that State that enables the return of the member to serve his or her sentence—
i: in New Zealand; or
ii: in a prison
c: under that arrangement the member is received into the custody of a New Zealand force (whether in New Zealand or elsewhere).
2: The provisions of this Act apply to that member in all respects, with the necessary modifications, as if the member had been sentenced by the Court Martial Section 173 substituted 1 July 2004 section 26 Visiting Forces Act 2004 Section 173(1)(b)(ii) amended 1 June 2005 section 206 Corrections Act 2004 Section 173(2) amended 1 July 2009 section 49 Armed Forces Discipline Amendment Act (No 2) 2007
174: Interim custody of
member of Armed Forces A service prisoner or a service detainee may, until he is delivered to the prison 1950 No 39 s 70; 1950 No 40 s 70; Naval Discipline Act 1957 s 81(3) (UK) Section 174 heading amended 1 April 1990 section 105(1) Defence Act 1990 Section 174 amended 1 June 2005 section 206 Corrections Act 2004
175: Establishment and regulation of service prisons and detention quarters
1: The Chief of Defence Force
a: set apart any building or part of a building as a service prison or as a detention quarter; or
b: declare any place or ship, or any part of any such place or ship, to be a service prison or detention quarter.
2: Without limiting the powers of the Chief of Defence Force section 206
a: for the carrying into effect of sentences of the Court Martial
b: for the provision, classification, regulation, and management of service prisons and detention quarters:
c: for the appointment, removal from office, and powers and duties of inspectors, visitors, superintendents, and commandants, and of officers and other members of the staff of service penal establishments:
d: for the classification, treatment, employment, discipline, and control of any offenders serving sentences of imprisonment or detention in service penal establishments or otherwise in custody in service penal establishments and for the remission of part of any such sentence for good work and conduct:
e: for any offender sentenced to undergo detention as field punishment, whether in his unit or at a field punishment centre—
i: to perform such drills or duties (in addition to those which the offender might reasonably be expected to perform if he were not undergoing field punishment); and
ii: to suffer the loss of such privileges; and
iii: to be confined in such manner; and
iv: to be subjected to such personal restraint to prevent his escape— as may be prescribed in the orders, in addition to suffering such forfeiture of pay as may be provided for in regulations made under this Act:
f: for the procedure for the reception and confinement in a service penal establishment of any offender sentenced to imprisonment or detention under this Act:
g: for the procedure for the removal of an offender from one country or place to another and from one prison
h: for the release of an offender, or for the temporary or conditional release of an offender:
i: for the removal of a person serving a sentence of imprisonment or detention from the place where he is imprisoned or detained to a psychiatric hospital if he becomes mentally disordered while serving the sentence:
j: for the retaking into custody of any such offender after temporary release or removal to a psychiatric hospital or on his breaking the conditions of his release:
k: for such matters as are contemplated by or necessary for the administration of any service penal establishment.
3: All the provisions of the regulations made under the Corrections Act 2004 prison managers Coroners Act 2006 1950 No 39 s 73; 1950 No 40 s 73; Army Act 1955 s 122 (UK); Air Force Act 1955 s 122 (UK); Naval Discipline Act 1957 s 82 (UK) Section 175(1) amended 1 April 1990 section 105(1) Defence Act 1990 Section 175(2) amended 1 April 1990 section 105(1) Defence Act 1990 Section 175(2)(a) amended 1 July 2009 section 50 Armed Forces Discipline Amendment Act (No 2) 2007 Section 175(2)(g) amended 1 June 2005 section 206 Corrections Act 2004 Section 175(3) amended 1 July 2007 section 146 Coroners Act 2006 Section 175(3) amended 1 June 2005 section 206 Corrections Act 2004
176: Provisions as to service prisons and detention quarters outside New Zealand
When any part of the Armed Forces is serving outside New Zealand, the powers of the Chief of Defence Force section 175 1950 No 39 s 74; 1950 No 40 s 74 Section 176 amended 1 April 1990 section 105(1) Defence Act 1990
177: Commencement of sentences
1: A term of imprisonment or detention to which an offender is sentenced under this Act begins to run from the beginning of the day on which the sentence was passed, whether the sentence was passed by the Court Martial or by a disciplinary officer.
1A: Subsection (1)
2: Where any person has been sentenced to imprisonment or detention under this Act and there is no appropriate prison prison manager prison provided that any such term of imprisonment or detention shall be reduced by deducting any period for which he has been kept in confinement in respect of the sentence before being delivered as aforesaid.
3: Where—
a: a sentence of imprisonment or detention is passed by the Court Martial
b: that conviction is subsequently quashed and a new trial ordered; and
c: following the new trial the person is again convicted and sentenced to imprisonment or detention,— the term of the new sentence shall be deemed to have commenced or shall commence on the date on which the term of the original sentence commenced or would have commenced; but the period commencing with the quashing of the conviction and ending with the imposition of the new sentence shall not count as part of the new sentence. 1950 No 39 s 68; 1950 No 40 s 68; Army Act 1955 s 118 (UK); Air Force Act 1955 s 118 (UK); Naval Discipline Act 1957 s 85 (UK) Section 177(1) substituted 1 July 2009 section 51(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 177(1A) inserted 1 July 2009 section 51(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 177(2) amended 1 June 2005 section 206 Corrections Act 2004 Section 177(3) added 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 177(3)(a) amended 1 July 2009 section 51(2) Armed Forces Discipline Amendment Act (No 2) 2007
177A: Effect of period spent in custody
before being sentenced
1: For the purpose of determining the date on which an offender will become eligible for remission of sentence, the offender shall be deemed to have been serving the sentence during the whole of any period that the offender was held in custody , as is required to be specified the Court Martial section 81A a disciplinary officer under section 117Y
2: Nothing in this section shall limit or affect the provisions of section 177 section 179 Section 177A inserted 27 May 1988 Armed Forces Discipline Amendment Act 1988 Section 177A heading amended 27 September 2001 section 7(1) Armed Forces Discipline Amendment Act 2001 Section 177A(1) amended 1 July 2009 section 52 Armed Forces Discipline Amendment Act (No 2) 2007 Section 177A(1) amended 27 September 2001 section 7(2) Armed Forces Discipline Amendment Act 2001
178: Consecutive sentences
1: Where a person who is already serving a term of imprisonment, whether imposed under this Act or otherwise, is sentenced to a further term of imprisonment by the Court Martial Court
2: Where, in any case to which subsection (1) applies,—
a: the earlier sentence is quashed on
b: no other sentence of imprisonment is substituted for that earlier sentence,— the sentence imposed by the Court Martial
3: Where, in any case to which subsection (1) applies,—
a: the earlier sentence is quashed on
b: another sentence of imprisonment is substituted for that earlier sentence,— the sentence imposed by the Court Martial
4: Where a person who is already serving a sentence of detention is sentenced to a further term of detention by the Court Martial or a disciplinary officer, the Court or that officer
5: Where, in any case to which subsection (4) applies,—
a: the earlier sentence is quashed on
b: no other sentence of detention is substituted for that earlier sentence,— the sentence imposed by the Court Martial or the disciplinary officer
6: Where, in any case to which subsection (4) applies,—
a: the earlier sentence is quashed on
b: another sentence of detention is substituted for that earlier sentence,— the sentence imposed by the Court Martial or the disciplinary officer Section 178 substituted 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 178(1) amended 1 July 2009 section 53(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 178(1) amended 1 July 2009 section 53(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 178(2) amended 1 July 2009 section 53(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 178(2)(a) amended 1 July 2009 section 53(4) Armed Forces Discipline Amendment Act (No 2) 2007 Section 178(3) amended 1 July 2009 section 53(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 178(3)(a) amended 1 July 2009 section 53(4) Armed Forces Discipline Amendment Act (No 2) 2007 Section 178(4) amended 1 July 2009 section 53(5) Armed Forces Discipline Amendment Act (No 2) 2007 Section 178(5) amended 1 July 2009 section 53(6) Armed Forces Discipline Amendment Act (No 2) 2007 Section 178(5)(a) amended 1 July 2009 section 53(4) Armed Forces Discipline Amendment Act (No 2) 2007 Section 178(6) amended 1 July 2009 section 53(6) Armed Forces Discipline Amendment Act (No 2) 2007 Section 178(6)(a) amended 1 July 2009 section 53(4) Armed Forces Discipline Amendment Act (No 2) 2007
179: Limitation of term of detention under 1 or more sentences
1: Notwithstanding anything to the contrary in this Act—
a: a detainee shall not be kept continuously in detention for a period exceeding 2 years under 2 or more sentences of detention; and
b: a detainee shall not be made to undergo field punishment for a continuous period exceeding 90 days under 1 or more sentences of detention.
2: Subsection (1) shall not affect the validity of an order under section 178 provided that so much of any term of detention to which the order relates as would prolong the total of the terms of detention beyond 2 years shall be deemed to be remitted.
3: Where a person sentenced to detention is subsequently sentenced to imprisonment under this Act, any part of the term of detention that has not been served shall be deemed to be remitted, whether the sentence of imprisonment is suspended or not. 1950 No 39 s 64(5); 1950 No 40 s 64(5); Army Act 1955 s 72(10), (11) (UK); Air Force Act 1955 s 72(10), (11) (UK); Naval Discipline Act 1957 s 89 (UK) Section 179(2) amended 1 July 2009 section 54 Armed Forces Discipline Amendment Act (No 2) 2007
180: Periods of unlawful absence
Where a person sentenced under this Act to imprisonment or detention escapes or becomes unlawfully at large during the currency of the sentence, then, except in respect of any period during which he is in custody under some other enactment or rule of law, the period for which he is unlawfully at large shall not be reckoned as time spent in serving the sentence. 1950 No 39 s 68(4); 1950 No 40 s 68(4); Army Act 1955 s 119 (UK); Air Force Act 1955 s 119 (UK); Naval Discipline Act 1957 s 88 (UK) Suspended sentences Heading repealed 1 July 2009 section 55 Armed Forces Discipline Amendment Act (No 2) 2007
181: Effect of suspension of sentences
Section 181 repealed 1 July 2009 section 55 Armed Forces Discipline Amendment Act (No 2) 2007
182: Termination of suspension of sentence
Section 182 repealed 1 July 2009 section 55 Armed Forces Discipline Amendment Act (No 2) 2007
183: Offender under suspended sentence convicted or found guilty of further offence
Section 183 repealed 1 July 2009 section 55 Armed Forces Discipline Amendment Act (No 2) 2007 Prison officers, etc
184: Indemnity for prison officers, etc
No action for damages shall lie in respect of any act done or omitted unlawfully but in good faith by any prison officer, constable Army Act 1955 s 142 (UK); Air Force Act 1955 s 142 (UK) Section 184 amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Fines
185: Recovery in
District Court
1: If a fine has been imposed by the Court Martial, or by a disciplinary officer, on a person for an offence against this Act (whether in New Zealand or elsewhere), a certificate purporting to be signed by a competent service authority specifying particulars of the conviction and the fine imposed may be filed in the District Court
1A: Subsection (1) does not limit section 85
2: Once a certificate under subsection (1) is filed, the fine may be enforced in accordance with Part 3 1950 No 39 s 156; 1950 No 40 s 156; 1954 No 53 s 56 Section 185 heading amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 185(1) substituted 1 July 2009 section 56(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 185(1) amended 1 March 2017 section 261 District Court Act 2016 Section 185(1A) inserted 1 July 2009 section 56(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 185(2) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
186: Fines to be paid into
Crown Bank Account Subject to section 186A a Crown Bank Account 1950 No 39 s 157(1); 1950 No 40 s 157; 1954 No 53 s 57 Section 186 heading amended 26 July 1989 section 83(7) Public Finance Act 1989 Section 186 amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 186 amended 1 December 1983 Armed Forces Discipline Amendment Act 1976
186A: Compensation to victims of offences
causing
1: If any accused is found guilty, whether summarily or by the Court Martial, of any offence arising out of any act or omission that caused physical harm to any other person (whether a member of the Armed Forces or a civilian and whether or not causing the physical harm constitutes a necessary element of the offence at law) and the accused is punished by a fine, then the disciplinary officer or the Court Martial, as the case may require, may, in his, her, or its discretion, award by way of compensation to the victim a portion of the fine, not exceeding one half, as he, she, or it thinks fit.
2: However, no award of compensation may be made under subsection (1) unless the disciplinary officer or the Court Martial, as the case may be, is of the opinion that the act or omission—
a: was unprovoked; and
b: caused bodily injury to the victim.
3: An order made under this section shall be sufficient authority for the paying officer of the unit deducting the fine from the accused’s pay to pay the portion specified in the order to the person entitled to it under the order.
4: An award of compensation under this section shall not affect the right of the person entitled to it—
a: to receive compensation under the Injury Prevention, Rehabilitation, and Compensation Act 2001
b: subject to section 317 Section 186A inserted 1 December 1983 Armed Forces Discipline Amendment Act 1976 Section 186A heading amended 1 July 2009 section 57(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 186A(1) substituted 1 July 2009 section 57(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 186A(2) substituted 1 July 2009 section 57(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 186A(4)(a) amended 1 April 2002 section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 Section 186A(4)(b) amended 1 April 2002 section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001
10: Special provisions for dealing with
mentally impaired Part 10 heading amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Part 10 heading amended 1 January 1986 Armed Forces Discipline Amendment Act 1985
187: Interpretation of terms used in this Part
1: In this Part, unless the context otherwise requires,— compulsory treatment order Part 2 health assessor
a: a practising psychiatrist who is a medical practitioner; or
b: a health practitioner who is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a)
c: in the case of a trial in the Court Martial held overseas, a person approved by the Judge mentally disordered Mental Health (Compulsory Assessment and Treatment) Act 1992 patient
1A: For the purposes of this Part, unfit to stand trial
a: means an inability of the accused, due to mental impairment, to conduct a defence or to instruct counsel, or the member of the Armed Forces who is to defend the accused, to do so; and
b: includes an inability of the accused, due to mental impairment, to do any 1 or more of the following:
i: to plead:
ii: to adequately understand the nature or purpose or possible consequences of the proceedings:
iii: to communicate adequately, for the purposes of conducting a defence, with counsel or the member of the Armed Forces who is to defend the person.
2: Where any person is ordered or directed under the provisions of this Act to be detained as a special patient or as a patient, the provisions of the Mental Health (Compulsory Assessment and Treatment) Act 1992 section 192 Section 187(1) compulsory treatment order inserted 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 187(1) health assessor inserted 30 November 2018 section 12(1) Military Justice Legislation Amendment Act 2018 Section 187(1) mentally disordered substituted 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 187(1) patient inserted 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 187(1) psychiatric hospital repealed 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 187(1) qualified medical practitioner repealed 30 November 2018 section 12(2) Military Justice Legislation Amendment Act 2018 Section 187(1) under disability repealed 1 December 1983 Armed Forces Discipline Amendment Act 1980 Section 187(1A) substituted 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 187(2) substituted 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992
187A: Court Martial to act through Judge alone
1: The Court Martial must act through the Judge alone when exercising any power or performing any function or duty under this Part.
2: Subsection (1) is subject to sections 190(2A) 194(1B) Section 187A inserted 30 November 2018 section 13 Military Justice Legislation Amendment Act 2018
188: When
Court
1: The Court Martial section 188A
2:
3:
4:
5:
6: Section 188 substituted 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 188 heading amended 1 July 2009 section 59(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 188(1) amended 1 July 2009 section 59(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 188(2) repealed 30 November 2018 section 14 Military Justice Legislation Amendment Act 2018 Section 188(3) repealed 30 November 2018 section 14 Military Justice Legislation Amendment Act 2018 Section 188(4) repealed 30 November 2018 section 14 Military Justice Legislation Amendment Act 2018 Section 188(5) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 188(6) repealed 30 November 2018 section 14 Military Justice Legislation Amendment Act 2018
188A: Determining if accused unfit to stand trial
1: In order to determine whether an accused is unfit to stand trial, the Court Martial must 2 health assessors
2: If the Court Court
a: give the prosecutor and the accused an opportunity to be heard and to present evidence as to whether the accused is unfit to stand trial; and
b: find whether the accused is unfit to stand trial; and
c: record the finding made under paragraph (b).
3: If the Court records a finding under subsection (2) that the accused is fit to stand trial, the Court must continue the proceedings.
3:
4: The standard of proof required for a finding under this section is the balance of probabilities.
5: The jurisdiction conferred on the Court Martial section 188 Court Court the Court Martial Section 188A inserted 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 188A(1) amended 30 November 2018 section 15(1) Military Justice Legislation Amendment Act 2018 Section 188A(1) amended 30 November 2018 section 15(2) Military Justice Legislation Amendment Act 2018 Section 188A(2) amended 1 July 2009 section 60(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 188A(3) inserted 30 November 2018 section 15(3) Military Justice Legislation Amendment Act 2018 Section 188A(3) repealed 1 July 2009 section 60(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 188A(5) amended 1 July 2009 section 60(4)(a) Armed Forces Discipline Amendment Act (No 2) 2007 Section 188A(5) amended 1 July 2009 section 60(4)(b) Armed Forces Discipline Amendment Act (No 2) 2007
188B: Court
Martial
1: The Court Martial
2: In any case where a finding is postponed under subsection (1), the Court Section 188B inserted 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 188B heading amended 1 July 2009 section 61(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 188B(1) amended 1 July 2009 section 61(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 188B(2) amended 1 July 2009 section 61(3) Armed Forces Discipline Amendment Act (No 2) 2007
188C: Inquiry before trial into accused’s involvement in offence
1: This section applies if, before trial, the accused is found unfit to stand trial.
2: The Court Martial must decide whether the Court is satisfied, on the balance of probabilities, that the evidence against the accused is sufficient to establish that the accused caused the act or omission that forms the basis of the offence with which the accused is charged.
3: A special hearing must be held to ascertain whether the Court Martial is satisfied of the matter specified in subsection (2). Section 188C inserted 30 November 2018 section 16 Military Justice Legislation Amendment Act 2018
188D: Inquiry during trial into accused’s involvement in offence
1: This section applies if, during a trial, the accused is found unfit to stand trial.
2: The Court Martial must decide whether the Court is satisfied, on the balance of probabilities, that the evidence against the accused is sufficient to establish that the accused caused the act or omission that forms the basis of the offence with which the accused is charged.
3: For the purposes of subsection (2), the Court Martial may (whether on the application of a party or on the Court's own initiative) do either or both of the following:
a: consider any evidence presented at the trial:
b: hear any new evidence. Section 188D inserted 30 November 2018 section 16 Military Justice Legislation Amendment Act 2018
188E: Outcome of consideration of accused’s involvement
1: If the Court Martial is not satisfied of the matter specified in section 188C(2) 188D(2)
a: the Court must record a finding of not guilty on the charge:
b: the finding that the accused is unfit to stand trial is deemed for all legal purposes to have been quashed.
2: If the Court Martial is satisfied of the matter specified in section 188C(2) 188D(2)
a: record a finding to that effect; and
b: proceed to deal with the accused under section 191 Section 188E inserted 30 November 2018 section 16 Military Justice Legislation Amendment Act 2018
189: When plea of not guilty may be substituted for plea of guilty
Section 189 repealed 1 January 1986 Armed Forces Discipline Amendment Act 1985
190: Finding of insanity
1: If, on the trial by the Court Martial Court Court
1A: The Court Martial
a: the accused indicates that he or she intends to raise the defence of insanity; and
b: the prosecution agrees that the only reasonable verdict is not guilty on account of insanity; and
c: the Court Martial section 23
2: If, on the trial by the Court Martial Court Court
2A: Section 55
3: Nothing in this section shall limit or affect the power of the Judge the military members section 23 Section 190 substituted 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 190(1) amended 1 July 2009 section 62(1)(a) Armed Forces Discipline Amendment Act (No 2) 2007 Section 190(1) amended 1 July 2009 section 62(1)(b) Armed Forces Discipline Amendment Act (No 2) 2007 Section 190(1A) inserted 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 190(1A) amended 1 July 2009 section 62(2)(a) Armed Forces Discipline Amendment Act (No 2) 2007 Section 190(1A)(c) amended 1 July 2009 section 62(2)(b) Armed Forces Discipline Amendment Act (No 2) 2007 Section 190(2) amended 1 July 2009 section 62(3)(a) Armed Forces Discipline Amendment Act (No 2) 2007 Section 190(2) amended 1 July 2009 section 62(3)(b) Armed Forces Discipline Amendment Act (No 2) 2007 Section 190(2A) inserted 30 November 2018 section 17 Military Justice Legislation Amendment Act 2018 Section 190(3) amended 1 July 2009 section 62(4)(a) Armed Forces Discipline Amendment Act (No 2) 2007 Section 190(3) amended 1 July 2009 section 62(4)(b) Armed Forces Discipline Amendment Act (No 2) 2007
191: Order to be made if person
unfit to stand trial
1: Subject to subsections (2) and (4), if any person tried by the Court Martial
a: is found unfit to stand trial
b: is acquitted on account of his insanity,— the Court
2: In any case to which subsection (1) applies, the Court the evidence of 1 or more health assessors , or of any person or class of person who may be affected by the Court’s
a: make an order that the person be detained in a hospital as a
b: make an order for his immediate release; or
c: if the person is subject to a sentence of imprisonment or detention (whether imposed under this Act or otherwise) decide not to make an order under this section.
3: In the exercise of its powers under subsection (2), the Court
4: Where a person is found unfit to stand trial Court refer the matter to the Director of Military Prosecutions
4A: An order made by the Court Mental Health (Compulsory Assessment and Treatment) Act 1992
5: Where, in respect of any person found unfit to stand trial Court
6: Subject to the provisions of this Part, where a person is found unfit to stand trial Defence Force Orders
7: A person found unfit to stand trial
8: If an order is made under subsection (1) in respect of a person who is subject to a sentence of imprisonment or detention, whether imposed before or after the making of the order, the term of that sentence shall, except during any period while he is unlawfully at large, continue to run during the currency of the order and any period spent as a prison Section 191 substituted 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 191 heading amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 191(1) amended 1 July 2009 section 63(1)(a) Armed Forces Discipline Amendment Act (No 2) 2007 Section 191(1) amended 1 July 2009 section 63(1)(b) Armed Forces Discipline Amendment Act (No 2) 2007 Section 191(1) amended 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 191(1)(a) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 191(2) amended 30 November 2018 section 18 Military Justice Legislation Amendment Act 2018 Section 191(2) amended 1 July 2009 section 63(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 191(2) amended 1 July 2009 section 63(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 191(2) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 191(2)(a) amended 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 191(3) amended 1 July 2009 section 63(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 191(4) amended 1 July 2009 section 63(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 191(4) amended 1 July 2009 section 63(4) Armed Forces Discipline Amendment Act (No 2) 2007 Section 191(4) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 191(4A) inserted 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 191(4A) amended 1 July 2009 section 63(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 191(5) amended 1 July 2009 section 63(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 191(5) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 191(6) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 191(6) amended 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 191(6) amended 1 April 1990 section 105(1) Defence Act 1990 Section 191(7) amended 1 July 2009 section 63(5) Armed Forces Discipline Amendment Act (No 2) 2007 Section 191(7) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 191(7) amended 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 191(8) amended 1 June 2005 section 206 Corrections Act 2004 Section 191(8) amended 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992
192: Duration of order for detention as special patient where defendant
unfit to stand trial
1: In this section the expression maximum period of detention as a special patient the Court Martial unfit to stand trial
a: 10 section 191(1)
b: a period from the date of the making of the order pursuant to section 191(1)
2: If an order is made by the Court Martial section 191(1) unfit to stand trial sections 84 128
a: he is brought before the Court Martial
b: a direction is given under this section that he shall thereafter be held as a
3: Notwithstanding anything in subsection (1), where, in any case to which that subsection applies, every charge against the person concerned is withdrawn, the order made by the Court section 191(1)(a)
4: If at any time before the expiry of the maximum period of detention as a special patient a certificate of clinical review is given by the responsible clinician under section 77 section 80 unfit to stand trial by the Court Martial
5: If at any time before the expiry of the maximum period of detention as a special patient a certificate of clinical review is given by the responsible clinician under section 77 section 80 unfit to stand trial
6: If no direction is given under subsection (4) or subsection (5) before the expiry of the maximum period of detention as a special patient, the following provisions shall apply on the expiry of that period:
a: if a certificate of clinical review is given by the responsible clinician under section 77 section 80 unfit to stand trial by the Court Martial
b: if no such certificate is given, the Attorney-General shall direct that the person shall thereafter be held as a patient.
6A: A direction that the person shall be held as a patient shall be deemed for the purposes of the Mental Health (Compulsory Assessment and Treatment) Act 1992
7: On the giving under this section of any direction that the person shall be held as a
8: The powers and duties conferred and imposed on the Attorney-General by any of the provisions of this section shall not be capable of being exercised or performed by the Solicitor-General. Section 192 substituted 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 192 heading amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 192(1) amended 1 July 2009 section 64(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 192(1) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 192(1)(a) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 192(2) amended 1 July 2009 section 64(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 192(2) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 192(2) amended 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 192(2)(a) amended 1 July 2009 section 64(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 192(2)(b) amended 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 192(3) amended 1 July 2009 section 64(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 192(4) substituted 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 192(4) amended 1 July 2009 section 64(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 192(4) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 192(5) substituted 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 192(5) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 192(6) substituted 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 192(6)(a) amended 1 July 2009 section 64(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 192(6)(a) amended 1 July 2009 section 64(4) Armed Forces Discipline Amendment Act (No 2) 2007 Section 192(6)(a) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 192(6A) inserted 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 192(7) amended 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992
193: Duration of order for detention as special patient when person acquitted on account of his insanity
1: If an order is made by the Court Martial section 191(1)
a: a direction is given under this section that that person shall thereafter be held as a
b: that person is discharged pursuant to a direction given under this section.
2: If at any time while the order continues in force a certificate of clinical review is given by the responsible clinician under section 77 section 80 any person or class of person or
3: A direction that the person shall be held as a patient shall be deemed for the purposes of the Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 193 substituted 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 193(1) amended 1 July 2009 section 65 Armed Forces Discipline Amendment Act (No 2) 2007 Section 193(1)(a) amended 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 193(2) substituted 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 193(2) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 193(3) added 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992
194: Power of
Court Martial
1: If the Court Martial (whether in New Zealand or elsewhere) convicts a person of an offence that is punishable by imprisonment, the Court may, if satisfied of the matters specified in subsection (1A),—
a: sentence the person to a term of imprisonment and also order that the person be detained in a hospital as a special patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992
b: instead of passing sentence, order that the person be treated as a patient under the Mental Health (Compulsory Assessment and Treatment) Act 1992
1A: For the purposes of subsection (1), the Court on the evidence of 1 or more health assessors
a: that the person is mentally disordered; and
b: that the person’s mental impairment requires that the person should be detained either in the person’s interest or for the safety of the public or for the safety of a person or class of person.
1B: A sentence passed or an order made under subsection (1) is a sentence of the Court Martial, and section 61
2: No order shall be made under this section in respect of a person who is, at the time of the conviction, subject to a sentence of imprisonment or detention.
2A: An order made under subsection (1)(b) shall be deemed for the purposes of the Mental Health (Compulsory Assessment and Treatment) Act 1992
3: Every such person Section 194 substituted 1 January 1986 Armed Forces Discipline Amendment Act 1985 Section 194 heading amended 1 July 2009 section 66(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 194(1) substituted 1 July 2009 section 66(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 194(1A) inserted 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 194(1A) amended 30 November 2018 section 19(1) Military Justice Legislation Amendment Act 2018 Section 194(1A) amended 1 July 2009 section 66(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 194(1B) inserted 30 November 2018 section 19(2) Military Justice Legislation Amendment Act 2018 Section 194(2A) inserted 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 194(2A) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 194(3) amended 1 July 2009 section 66(4) Armed Forces Discipline Amendment Act (No 2) 2007 Section 194(3) amended 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992
195: Notice to be sent to Public Trustee of certain orders
Section 195 repealed 1 November 1992 section 140(1) Mental Health (Compulsory Assessment and Treatment) Act 1992
196: Insanity of certain persons while serving sentences of imprisonment under this Act
1: Notwithstanding anything to the contrary in the Mental Health (Compulsory Assessment and Treatment) Act 1992 prison section 45
2: If a person under sentence of imprisonment or detention under this Act who is serving his sentence outside New Zealand becomes mentally disordered, then, without prejudice to any other provision for dealing with him, the Attorney-General may, on a certificate to that effect by a health assessor Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 196(1) substituted 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992 Section 196(1) amended 1 June 2005 section 206 Corrections Act 2004 Section 196(2) amended 30 November 2018 section 20 Military Justice Legislation Amendment Act 2018 Section 196(2) amended 1 November 1992 section 140(2) Mental Health (Compulsory Assessment and Treatment) Act 1992
197: Substitution of finding and quashing of sentence where accused was insane
Section 197 repealed 1 July 2009 section 67 Armed Forces Discipline Amendment Act (No 2) 2007
198: Powers of reviewing authority
if person found unfit to stand trial Section 198 repealed 1 July 2009 section 67 Armed Forces Discipline Amendment Act (No 2) 2007
10A: Victims’ rights
Part 10A inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018
198A: Application of this Part
1: This Part applies to a victim of a specified offence.
2: Subsection (1) is subject to sections 102A(4) 117ZIA(3) Section 198A inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018
198B: Interpretation of terms used in this Part
In this Part, unless the context otherwise requires,— address section 4 Director immediate family section 4 specified offence section 29 support person section 4 victim section 4 victim support officer section 102A(3)(a)(ii) Section 198B inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018
198C: Rights to be accorded to victim of specified offence
The victim support officer and the Director must make all reasonable efforts to ensure that a victim of a specified offence is accorded the rights set out in this Part. Section 198C inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018 Victim’s views about release on bail of accused or offender Heading inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018
198D: Victim’s views about release on bail of accused or offender
1: This section applies if—
a: the victim is a victim of a specified offence; and
b: the Judge Advocate General or a Judge of the Court Martial is required to determine whether to grant bail to the person who is accused of the offence.
2: If this section applies, the Director must—
a: make all reasonable efforts to ascertain any views that the victim has about the accused being released on bail; and
b: inform the Judge Advocate General or (as the case requires) a Judge of the Court Martial of any views ascertained under paragraph (a). 2002 No 39 s 30 Section 198D inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018 Right to receive notice of certain matters and to appoint representative Heading inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018
198E: Right to receive notice of certain matters and to appoint representative
1: A victim of a specified offence has a right to receive notice of the matters described in sections 198J to 198N
2: The victim support officer must inform a victim who is a victim of a specified offence—
a: that the victim has the right to receive any notice under sections 198J to 198N
b: that, if the victim wants to receive the notices, the victim (or, if a representative is appointed, the victim’s representative) must request the Director to ensure that the victim is given notice under sections 198J to 198N
i: the victim must give the Director the victim’s address; or
ii: if a representative is appointed to receive the notices, the victim or the victim’s representative must give the Director the representative’s name and address; and
c: that the name and address of the victim (or, if a representative is appointed, the name and address of the victim’s representative)—
i: will be provided to the Judge Advocate General to ensure that the victim receives any notice given under section 20
ii: may, if section 198N Immigration Act 2009
3: The Director may provide the name and address of the victim or the victim’s representative to—
a: the Judge Advocate General for the purpose described in subsection (2)(c)(i):
b: the department described in subsection (2)(c)(ii) for the purpose described in that subsection.
4: Subsection (5) applies if the Director knows, or ought reasonably to know, that the victim is not, or may not be, capable alone of either—
a: asking for, receiving, or understanding a notice under any of sections 198J to 198N
b: appointing a representative.
5: If this subsection applies, the Director must inform a support person of the victim that a representative of the victim may be appointed. 2002 No 39 ss 31 33C Section 198E inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018 Provisions relating to giving and receiving of notices and appointment of representatives Heading inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018
198F: Change of address of victim or representative
1: A victim may change the address given under section 198E(2)(b)
2: A victim or a victim’s representative may change the representative’s address given under section 198E(2)(b)
3: The Director must confirm receipt of a notification to the person who made the notification. 2002 No 39 s 33A Section 198F inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018
198G: Victim may opt out of receiving notices
1: A victim may notify the Director in writing that they no longer wish to receive notices under sections 198J to 198N
2: The Director must confirm receipt of a notification to the person who made the notification. 2002 No 39 s 33B Section 198G inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018
198H: Sections 40 to 46 of Victims’ Rights Act 2002 apply
1: The following provisions of the Victims’ Rights Act 2002
a: sections 40 to 45 (relating to the appointment of a representative to receive notices on behalf of a victim):
b: section 46 (specifying the ways in which notices may be given).
2: The modifications are—
a: a reference to a notice under any of sections 34 to 39 sections 198J to 198N
b: any other necessary modifications. Section 198H inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018 Sections 198J to 198N apply only to certain victims who request notice and give address Heading inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018
198I: Application of sections 198J to 198N
Sections 198J to 198N
a: the victim or the victim’s representative has requested the Director to ensure that the victim is given notice under sections 198J to 198N
b: the victim or the victim’s representative has given the Director the victim’s address or the name and address of the victim’s representative. 2002 No 39 s 32B Section 198I inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018 Notice of certain matters to be given to victim Heading inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018
198J: Notice of release on bail of accused or offender
1: The Director must, as soon as practicable, give notice of the matters specified in subsection (2) to a victim to whom this section applies.
2: The matters are—
a: whether the person accused of the offence (or, as the case requires, the offender) has been released on bail; and
b: if the person accused of the offence (or, as the case requires, the offender) has been released on bail, any terms or conditions of release imposed at any time that—
i: relate to the safety and security of the victim, or of 1 or more members of the victim’s immediate family, or of both; or
ii: require the accused or offender not to associate with, or not to contact, the victim, or 1 or more members of the victim’s immediate family, or both; and
c: the details of any order made by the Court Martial or Judge Advocate General that varies, revokes, or substitutes any term or condition of release referred to in paragraph (b); and
d: if an application for release on bail has been made and the hearing of that application has been adjourned, the date to which the hearing has been adjourned.
3: In this section, release on bail
a: until the hearing of proceedings:
b: during an adjournment of proceedings:
c: until sentencing:
d: until determination of an appeal against conviction or sentence.
4: However, nothing in this section requires or permits the Director to give notice of a matter contrary to any provision of or contrary to any order made under subpart 3 2002 No 39 s 34 Section 198J inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018
198K: Notice of release or escape from custody, or of death, of accused or offender
1: The Director must give a victim to whom this section applies—
a: reasonable prior notice of the accused’s or offender’s impending temporary or permanent release from custody:
b: notice, as soon as practicable, of the accused’s or offender’s—
i: escape from custody, unless the accused or offender sooner returns, or is returned to, the place of custody:
ii: death in custody:
c: notice, as soon as practicable, of the accused’s or offender’s death while on bail.
2: In this section, custody section 168
3: If the release or escape is from, or the death occurs in, a prison, the chief executive of the Department of Corrections must give the Director notice of the matters described in subsection (1) in order that the Director can give notice to the victim in accordance with that subsection. 2002 No 39 s 35 Section 198K inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018
198L: Notice of breach of release or detention conditions
The Director must, as soon as practicable, give a victim to whom this section applies notice of—
a: the breach by the accused or offender of any terms or conditions of release of the type described in section 198J(2)(b)(i) and (ii)
b: the conviction of the accused or offender for an offence against section 45 45A
c: the sentence imposed on the accused or offender in respect of a conviction referred to in paragraph (b). 2002 No 39 s 36 Section 198L inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018
198M: Notice of discharge, leave of absence, or escape or death of accused or offender who is compulsorily detained in hospital or facility
1: This section applies only if the accused or offender is liable to be detained in a hospital or facility in connection with the offence as a special patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 Part 10
2: The Director must give a victim to whom this section applies—
a: reasonable prior notice of an impending discharge of the accused or offender from the hospital or facility; and
b: reasonable prior notice of the first unescorted leave of absence from the hospital or facility granted to the accused or offender under a leave provision; and
c: reasonable prior notice of the first unescorted overnight leave of absence granted to the accused or offender under a leave provision; and
d: notice, as soon as practicable, of every escape by the accused or offender; and
e: notice, as soon as practicable, of the death (whether within or outside a hospital or facility) of the accused or offender; and
f: notice, as soon as practicable, of the accused or offender ceasing to be a special patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992
3: To avoid doubt, in subsection (2)(b),— facility hospital
4: In this section, leave provision section 31 50 52
5: The Director-General of Health must give the Director notice of the matters described in subsection (2) in order that the Director can give notice to the victim in accordance with that subsection. 2002 No 39 ss 37 38 Section 198M inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018
198N: Notice of proposal to cancel or suspend liability for deportation
1: A victim to whom this section applies is entitled to receive a notice in accordance with section 39
a: the offender is liable for deportation under the Immigration Act 2009
b: the Minister of Immigration is considering cancelling or suspending the offender’s liability for deportation or the offender appeals against the offender’s liability for deportation to the Immigration and Protection Tribunal.
2: Section 39(2), (3), (5), and (6)
a: a reference to a specified person in that section must be treated as a reference to the Director; and
b: any other necessary modifications. 2002 No 39 s 39 Section 198N inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018 Submissions on deportation of offender Heading inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018
198O: Victim may make submission on consideration of cancellation or suspension of liability for deportation, or offender’s appeal against deportation
A victim to whom this Part applies may make submissions to the Minister of Immigration and to the Immigration and Protection Tribunal, in accordance with sections 173 208 2002 No 39 s 48 Section 198O inserted 30 November 2018 section 21 Military Justice Legislation Amendment Act 2018
11: Miscellaneous provisions
Prerogative of mercy
199: Royal prerogative of mercy
Nothing in this Act shall affect the Royal prerogative of mercy. Courts of inquiry
200: Interpretation
In sections 200A to 200T assembling authority
a: the Chief of Defence Force; or
b: the officer in command of any part of the Armed Forces member
a: means a member of a court of inquiry; and
b: includes the president president record of proceedings
a: the record of the evidence collected; and
b: any report or comment made by the court and attached to the record of the evidence. Section 200 substituted 1 July 2009 section 68 Armed Forces Discipline Amendment Act (No 2) 2007
200A: Courts of inquiry may be assembled
1: An assembling authority may assemble 1 or more courts of inquiry.
2: A court of inquiry—
a: may be assembled for the purpose of collecting and recording evidence on any matters that the assembling authority has referred to the court; and
b: must report and comment on those matters, if required to do so by the assembling authority.
3: A court of inquiry may be assembled to perform the functions and duties, and exercise the powers, of a competent tribunal under Article 5 of Schedule 3 Section 200A inserted 1 July 2009 section 68 Armed Forces Discipline Amendment Act (No 2) 2007
200B: Composition of court of inquiry
1: A court of inquiry must consist of not less than 2 members, of whom at least 1 must be an officer and the other or others must be officers, warrant officers, or members of the Civil Staff (within the meaning of section 2(1)
2: The assembling authority must appoint one of the members who is an officer to be president of the court of inquiry.
3: The assembling authority—
a: may appoint an officer who is a barrister or solicitor of the High Court as counsel to assist the court; and
b: must do so if the assembling authority considers that—
i: the character or reputation of any person may be affected by the inquiry; or
ii: the inquiry is likely to involve complex or serious issues of fact or law, or both.
4: A counsel appointed under subsection (3) is not a member of the court of inquiry, but may advise the court on questions of law and procedure and may ask questions of witnesses attending before the court for the purpose of assisting the court. Section 200B inserted 1 July 2009 section 68 Armed Forces Discipline Amendment Act (No 2) 2007
200C: Order assembling court of inquiry
1: The order assembling a court of inquiry must—
a: be in the form prescribed by the Chief of Defence Force; and
b: specify the composition of the court, the place and time at which the court is to assemble, and the terms of reference of the court.
2: The assembling authority may, at any time, revoke, vary, or suspend the order. Section 200C inserted 1 July 2009 section 68 Armed Forces Discipline Amendment Act (No 2) 2007
200D: Rank and seniority of members
If a court of inquiry is appointed to inquire into the conduct of an officer or warrant officer,—
a: every member must be of at least equal rank and seniority to that officer or warrant officer; and
b: at least 1 member must be of superior rank. Section 200D inserted 1 July 2009 section 68 Armed Forces Discipline Amendment Act (No 2) 2007
200E: Terms of reference
The assembling authority must—
a: provide the court of inquiry with appropriate terms of reference; and
b: state whether any report or comment is required upon the matter under investigation. Section 200E inserted 1 July 2009 section 68 Armed Forces Discipline Amendment Act (No 2) 2007
200F: Court of inquiry to sit in private
1: A court of inquiry must sit in private, and no person may attend a sitting of the court except—
a: the members:
b: a counsel appointed under section 200B(3)
c: a witness giving evidence:
d: if section 200N
i: the person who is affected or is likely to be affected by the inquiry:
ii: that person’s legal representative if the president approves the person being legally represented at the inquiry:
e: any other persons who may be authorised by the president to be present.
2: A person may not be represented at the inquiry and may not have an adviser present to assist him or her at the inquiry, unless—
a: section 200N
b: the president approves the person who is affected or is likely to be affected by the inquiry being legally represented. Section 200F inserted 1 July 2009 section 68 Armed Forces Discipline Amendment Act (No 2) 2007
200G: Assembly and procedure
1: A court of inquiry must assemble at the time and place specified in the order assembling the court.
2: However, if the court is unable for any reason to assemble at the time or place so specified, it must—
a: assemble as soon as possible after that time or, as the case may be, as near to that place as possible; and
b: note in the record of proceedings its reasons for being unable to assemble at the time or place specified.
3: The president must lay the order and the terms of reference before the court and the court must then proceed to collect and record evidence in accordance with section 200K Section 200G inserted 1 July 2009 section 68 Armed Forces Discipline Amendment Act (No 2) 2007
200H: Sittings of court of inquiry
1: A court of inquiry must sit at the times and in the places that the president appoints.
2: The president may adjourn the court.
3: Despite subsections (1) and (2), the assembling authority may, at any time, direct the court to reassemble for any purpose that the assembling authority may specify. Section 200H inserted 1 July 2009 section 68 Armed Forces Discipline Amendment Act (No 2) 2007
200I: Attendance of witnesses
1: The president may direct a witness to attend before the court—
a: by an order given by the president, if the witness is subject to this Act; or
b: by a summons signed by the president, if the witness is not subject to this Act.
2: Every summons to a witness issued under subsection (1)(b)
a: be in the form prescribed by the Chief of Defence Force; and
b: be served on the witness in one of the following ways:
i: by being delivered to the witness personally, or by being brought to his or her notice if he or she refuses to accept it:
ii: by being left for the witness with some other person at the witness’s usual place of residence at least 24 hours before his or her attendance is required:
iii: by being sent to the witness by registered letter addressed to the witness’s last known or usual place of residence or place of business.
3: The president may order or summon any person whom the court thinks fit to attend to give evidence before the court.
4: Subsection (3) is subject to section 200N Section 200I inserted 1 July 2009 section 68 Armed Forces Discipline Amendment Act (No 2) 2007
200J: Witness to be sworn
1: Every witness must be sworn by a member in the form and manner prescribed by the Chief of Defence Force before giving evidence.
2: If a court of inquiry considers that a child who is called as a witness does not understand the nature of an oath, the child’s evidence may be received even though it is not given on oath, so long as the court is of the opinion that the child—
a: has sufficient intelligence to justify the reception of the evidence; and
b: understands the duty of speaking the truth.
3: If any person referred to in subsection (1)
4: The making of an affirmation under subsection (3) Section 200J inserted 1 July 2009 section 68 Armed Forces Discipline Amendment Act (No 2) 2007
200K: Collecting and recording of evidence
1: A court of inquiry is not bound by the ordinary rules relating to the admissibility of evidence and may admit in evidence any matter of hearsay or any other matter that would not be admissible in a court of law.
2: If a court of inquiry admits evidence of that kind, it is for the court to determine the weight to be attached to that evidence.
3: A court of inquiry must put any questions to a witness that it considers desirable—
a: to test the truth or accuracy of any evidence given by the witness; and
b: to elicit any further information that may be necessary to determine the truth.
4: A court of inquiry must record, or arrange to be recorded in writing, the evidence of every witness—
a: in narrative form as nearly as possible in the words used; or
b: if the court considers it expedient, in the form of questions and answers.
5: Each witness may read over the record of his or her evidence and may ask that any necessary corrections be made to it.
6: Each witness must initial all alterations and must then sign the record of his or her evidence at the end and initial each page of it. Section 200K inserted 1 July 2009 section 68 Armed Forces Discipline Amendment Act (No 2) 2007
200L: Interpreters and recorders
1: A competent and impartial person or persons may be appointed at any time during the course of the inquiry by either the assembling authority or the president to act as interpreter, shorthand writer, typist, or operator of a recording machine to assist the court in collecting and recording the evidence.
2: Before an interpreter commences his or her duties, a member must administer an oath to the interpreter in the form and manner prescribed by the Chief of Defence Force.
3: If an interpreter objects to being sworn, or it is not reasonably practicable to administer an oath to that person in a manner appropriate to his or her religious belief, the person may be permitted to make a solemn affirmation instead of swearing an oath.
4: The making of an affirmation under subsection (3) has the same force and effect, and has the same consequences, as the taking of an oath. Section 200L inserted 1 July 2009 section 68 Armed Forces Discipline Amendment Act (No 2) 2007
200M: Procedure if conduct of superior officer may be in question
1: The president must adjourn the court of inquiry and report to the assembling authority if at any time it appears to the court that the conduct of an officer or a warrant officer who is senior or superior in rank to a member is, or is likely to be, called into question in the course of the inquiry.
2: On receiving the president’s report, the assembling authority must consider the matter and, if satisfied that the conduct of the person is or is likely to be called into question, may dissolve the court and assemble a new court, having regard to the requirements of section 200D
3: If the assembling authority does not dissolve the court, the assembling authority must direct it to continue its inquiry even though the conduct of an officer or a warrant officer senior or superior in rank to a member is, or is likely to be, called into question.
4: Subsection (3) does not affect the power of the president to make a further report under subsection (1) Section 200M inserted 1 July 2009 section 68 Armed Forces Discipline Amendment Act (No 2) 2007
200N: Rights of person who may be affected by inquiry
1: If at any time it appears to an assembling authority or to a court of inquiry that an inquiry affects or is likely to affect the character or the reputation of any person (whether or not the person is subject to this Act), the president must—
a: ensure that the person is given adequate notice of the time, place, date, and nature of the inquiry; and
b: give the person a reasonable opportunity to exercise the rights set out in subsection (2)
2: The rights referred to in subsection (1) are as follows:
a: the person may read or have read or played back to him or her any evidence that has already been given:
b: the person may require any witness who has already given evidence to be recalled to enable him or her to question the witness:
c: the person may be present during the proceedings or the remainder of the proceedings (as the case may be) while the court is hearing evidence, and may question any witness who gives evidence that he or she considers affects his or her character or reputation:
d: the person may give evidence himself or herself, or call any witness to give evidence, to rebut or explain any evidence that has been given that he or she considers affects his or her character or reputation:
e: the person may seek and, if the exigencies of the case permit, must be granted an adjournment to enable him or her to obtain advice:
f: the person may be legally represented at the inquiry if the president approves.
3: If the person notifies the court that he or she does not wish to exercise the rights set out in subsection (2), the president must note the record of proceedings to that effect.
4: This section does not apply to an inquiry under section 201 Section 200N inserted 1 July 2009 section 68 Armed Forces Discipline Amendment Act (No 2) 2007
200O: Matters president must take into account in determining whether person affected by inquiry may be legally represented
For the purposes of section 200N(2)(f)
a: the seriousness of any allegations made against, or any potential penalty that may be imposed on, that person:
b: whether any questions of law are likely to arise:
c: the capacity of that person to present his or her own case:
d: any procedural difficulties that are likely to arise:
e: the need for reasonable speed in completing the inquiry:
f: the need for fairness as between that person and all persons who may appear before the court. Section 200O inserted 1 July 2009 section 68 Armed Forces Discipline Amendment Act (No 2) 2007
200P: What happens if person affected by inquiry wishes to call witness
1: If the person who is affected or is likely to be affected by an inquiry wishes to call a witness to give evidence under section 200N(2)(d)
2: If it is impracticable to secure the attendance of a witness, the president must note that fact in the record of proceedings.
3: Despite subsection (1), if the attendance of a witness is requested by the person affected or likely to be affected and the court of inquiry is satisfied that the attendance of that witness is not properly required by that person, any cost incurred by the Crown in procuring the attendance of the witness may be charged to, and recovered as a debt due by, the person affected or likely to be affected. Section 200P inserted 1 July 2009 section 68 Armed Forces Discipline Amendment Act (No 2) 2007
200Q: Exhibits
1: Every document or thing produced in evidence at an inquiry must be made an exhibit.
2: However, if an original document or book is produced in evidence, a court of inquiry may, instead of making it an exhibit, compare a copy of, or an extract from, the document or book with the original and, if the court is satisfied that the copy or extract is correct,—
a: the president must endorse on the copy or extract a certificate to that effect in the form prescribed by the Chief of Defence Force; and
b: the court may return the original document or book to the witness, and attach the certified copy or extract to the record of proceedings as an exhibit.
3: Every exhibit must—
a: either be marked with a number or letter in sequence and signed by the president, or have attached to it a label so marked and signed; and
b: he attached to or kept with the record of proceedings unless, in the opinion of the president, it is not expedient to do so.
4: If an exhibit is not attached to or kept with the record of proceedings, the president must ensure its safe custody pending the directions of the assembling authority for the ultimate disposal of the exhibit. Section 200Q inserted 1 July 2009 section 68 Armed Forces Discipline Amendment Act (No 2) 2007
200R: Signing and dispatch of record of proceedings
1: The record of proceedings must, at the conclusion of the inquiry, be signed at the end by each member, who must add his or her rank and unit.
2: If there is a difference of opinion among the members on any material matter, the grounds of difference must be stated in the record.
3: After the record of proceedings has been signed, the president must forward it to the assembling authority, who must—
a: record on the record his or her own opinion of the findings; and
b: sign the record; and
c: if necessary, forward the record to a superior commander.
4: The record of proceedings must be given an appropriate security classification according to the nature of the inquiry and the evidence collected and recorded.
5: However, if the content of the record of proceedings does not warrant a security classification, the record of proceedings must be given an appropriate In Confidence privacy marking. Section 200R inserted 1 July 2009 section 68 Armed Forces Discipline Amendment Act (No 2) 2007
200S: Admissibility of record of proceedings, etc
1: The record of proceedings and any evidence in respect of the proceedings, including any confession, statement, or answer to a question made or given by a person during the proceedings, must not be admitted in evidence against any person in any other proceedings, judicial or otherwise.
2: If a member of the Armed Forces is charged under section 47 section 48 section 201
3: The record of proceedings and any evidence in respect of the proceedings, including any confession, statement, or answer to a question made or given by a person during the proceedings, may be given in evidence against that person if he or she is charged—
a: under section 71
b: under section 109
4: Subsection (1) subsections (2) and (3) Section 200S inserted 1 July 2009 section 68 Armed Forces Discipline Amendment Act (No 2) 2007
200T: Record of proceedings not to be disclosed
The record of proceedings of a court of inquiry must not be disclosed to—
a: people who are not members of the Defence Force (within the meaning of section 2(1)
b: members of the Defence Force unless—
i: the members need to be aware of the contents of the record to enable them to perform their service or employment duties; or
ii: the members are entitled to a copy of the record under the rules of procedure; or
iii: the disclosure is authorised by a superior commander of the service concerned. Section 200T replaced 24 October 2019 section 8 Statutes Amendment Act 2019
201: Inquiry on absence of
member of the Armed Forces
1: Where any member of the Armed Forces member
2: If the court of inquiry is satisfied that the member member member member
3: If the absent member section 202 the Court Martial 1950 No 39 s 138; 1950 No 40 s 138; Army Act 1955 s 155 (UK); Air Force Act 1955 s 155 (UK) Section 201 heading amended 1 April 1990 section 105(1) Defence Act 1990 Section 201(1) amended 1 April 1990 section 105(1) Defence Act 1990 Section 201(2) amended 1 April 1990 section 105(1) Defence Act 1990 Section 201(3) amended 1 July 2009 section 69 Armed Forces Discipline Amendment Act (No 2) 2007 Section 201(3) amended 1 April 1990 section 105(1) Defence Act 1990 Pay, etc, of deserters and absentees
202: Pay, service, and effects of deserters and absentees
1: A person subject to this Act who is convicted by the Court Martial or as provided in section 201
1A: However, if the period of absence is less than 24 hours, the Court Martial or the disciplinary officer may cancel the forfeiture under subsection (1), in whole or in part, as the Court Martial or disciplinary officer thinks just.
2: Any period in respect of which pay and allowances are forfeited under subsection (1) shall, to such extent as may be prescribed, not be counted as service towards promotion, increments in pay, leave, medals, badges, grants, completion of engagement, or any other benefit or condition of service.
2A: The pay and allowances that are to be forfeited under subsection (1) may, without limiting any other mode of recovery, be recovered from such person by the Crown—
a: by deduction from any pay and allowances that would otherwise have been payable to him in respect of the whole or any part of the period during which he was in desertion or absent without leave, but which have been withheld from him in accordance with regulations made under the Defence Act 1990
b: to the extent that such pay and allowances (if any) are insufficient to meet the pay and allowances that are to be forfeited, by deduction from any other pay and allowances or other money due, owing, or payable to such person by the Crown in relation to his service in the Armed Forces, not being an amount due, owing, or payable to him or on his death under the Government Superannuation Fund Act 1956
3: Subject to any regulations or Defence Force Orders made under this Act, where any person subject to this Act is absent without leave and any of that person’s personal belongings are in the possession or custody, or come into the possession, of the Armed Forces, those belongings shall be disposed of as follows:
a: all money standing to that person’s credit at the date of the commencement of that person’s absence shall be held on that person’s behalf by the Chief of Defence Force for a period of 6 months from and including that date; and, if the person remains absent at the expiration of that period, the Chief of Defence Force shall cause the money to be deposited with the Treasury, and subsections (2) to (6) of section 74
b: all returnable service property in the possession or custody of that person shall, unless sooner required for the purposes of the Armed Forces, be kept in safe custody on that person’s behalf for a period of 6 months from and including the date of the commencement of that person’s absence, and shall then, if that person remains absent at the expiration of that period, be returned to service stores and be disposed of in the same manner as if that person had been discharged from the service to which that person belongs:
c: all chattels belonging to or reputedly belonging to that person shall be kept in safe custody on that person’s behalf for a period of 6 months from and including the date of the commencement of that person’s absence; and, if that person remains absent at the expiration of that period, the Chief of Defence Force may cause the chattels to be sold by auction, and the proceeds of sale shall be deposited with the Treasury, and subsections (2) to (6) of section 74 provided that, if the person ceases to be absent before the expiration of that period of 6 months, the Chief of Defence Force shall forthwith cause the chattels referred to in this paragraph to be returned to that person
4: Notwithstanding the provisions of paragraph (c) of subsection (3), the Chief of Defence Force
5: In calculating the number of days of desertion or absence without leave for the purposes of this section, if such period, being a continuous period of absence, calculated in hours,—
a: is less than 24 hours, it must be counted (except for the purposes of subsection (1A)
b: is more than 24 hours, each multiple of 24 hours shall be counted as 1 day and any remaining number of hours shall be counted as a further day. Naval Discipline Act 1957 s 75 (UK) Section 202(1) substituted 1 July 2009 section 70(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 202(1A) inserted 1 July 2009 section 70(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 202(2A) inserted 1 December 1983 Armed Forces Discipline Amendment Act 1980 Section 202(2A)(a) amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 202(3) substituted 1 April 1990 section 105(1) Defence Act 1990 Section 202(3) proviso amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 202(4) amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 202(5) added 1 December 1983 Armed Forces Discipline Amendment Act 1980 Section 202(5)(a) substituted 1 July 2009 section 70(2) Armed Forces Discipline Amendment Act (No 2) 2007 Judge Advocate General
203: Appointment and functions of Judge Advocate General
1: The Governor-General may from time to time by warrant appoint a barrister or solicitor of the High Court who has held a practising certificate as such for not less than 7 years
2: The Judge Advocate General may not be removed from office except in accordance with section 16
2A: The Judge Advocate General must retire from office on attaining the age of 75 years.
3: Army Act 1955 s 117 (UK); Air Force Act 1955 s 117 (UK); Naval Discipline Act 1957 s 73 (UK) Section 203(1) amended 1 December 1983 Armed Forces Discipline Amendment Act 1980 Section 203(2) substituted 1 July 2009 section 71(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 203(2A) inserted 1 July 2009 section 71(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 203(3) repealed 1 July 2009 section 71(2) Armed Forces Discipline Amendment Act (No 2) 2007
203A: Deputy Judge Advocate General
1: The Governor-General may from time to time by warrant appoint a barrister or solicitor of the High Court who has held a practising certificate for not less than 7 years, whether or not the person holds or has held any judicial office, to be Deputy Judge Advocate General of the Armed Forces.
2: The Deputy Judge Advocate General may not be removed from office except in accordance with section 16
2A: The Deputy Judge Advocate General must retire from office on attaining the age of 70 years.
3: The Deputy Judge Advocate General shall have and may exercise such of the powers, duties, and functions of the Judge Advocate General as the Judge Advocate General may from time to time delegate to the Deputy Judge Advocate General, but no such delegation shall prevent the exercise of any power, duty, or function by the Judge Advocate General.
4: On the occurrence from any cause of a vacancy in the office of Judge Advocate General, and in the case of the absence from duty of the Judge Advocate General (from whatever cause arising), and for so long as any such vacancy or absence continues, the Deputy Judge Advocate General shall have and may exercise all the powers, duties, and functions of the Judge Advocate General.
5: The fact that the Deputy Judge Advocate General exercises any power, duty, or function of the Judge Advocate General shall be conclusive evidence of the Deputy Judge Advocate General’s authority to do so. Section 203A inserted 15 December 1988 Armed Forces Discipline Amendment Act (No 2) 1988 Section 203A(2) substituted 1 July 2009 section 72 Armed Forces Discipline Amendment Act (No 2) 2007 Section 203A(2A) inserted 1 July 2009 section 72 Armed Forces Discipline Amendment Act (No 2) 2007 Discipline in respect of convoys
204: Orders by convoy commanders and commanding officers of escorting ships
1: Where any vessel forms part of a convoy which is under the command of an officer of the Navy or which is under the command of any other person appointed by the Chief of Defence Force
a: if the convoy is escorted by any naval ship, any directions relating to the navigation or security of the convoy given by the commanding officer of the ship; or
b: in any other case, any directions relating to the navigation or security of the convoy given by the officer or other person in command of the convoy— and shall take such precautions for avoiding the enemy (if any) as may be required by any such directions.
2: If the master or other person in command of a vessel fails to obey any such directions, the commanding officer of the escorting naval ship, or, as the case may be, the officer or other person in command of the convoy, may compel obedience to his directions by force of arms; and neither he nor any person acting under his orders shall be criminally or civilly responsible for any injury or loss of life, or for any damage to or loss of property, resulting from the use of that force. Naval Discipline Act 1957 s 131 (UK) Section 204(1) amended 1 April 1990 section 105(1) Defence Act 1990 Regulations and Defence Force
205: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations, not inconsistent with this Act, for all or any of the following purposes:
a: providing, in cases where a person subject to this Act (whether a member of the Armed Forces or any other person subject to this Act who is paid by the Crown in right of New Zealand) is convicted of any offence by a civil court or the Court Martial or is found guilty of an offence by a disciplinary officer, for all or any of the following:
i: the forfeiture of the whole or part of 1 day’s pay and allowances for each day or part of a day during which he or she is held in civil or service custody (including imprisonment or detention) after being convicted or found guilty:
ii: the forfeiture of the whole or part of 1 day’s pay and allowances for each day or part of a day during which he or she is held in civil custody before being convicted or found guilty:
iii: the forfeiture of the whole or part of 1 day’s allowances for each day or part of a day during which he or she is suspended from duty by reason of the offence:
iv: the continuance or withholding of pay and allowances pending his or her conviction or acquittal:
aa: if regulations are made for the purposes of paragraph (a)
i: in the case of any member of the Armed Forces, by deduction from, or withholding or delaying payment of, any money due, owing, or payable to him or her by the Crown in relation to his or her service in the Armed Forces; and
ii: in the case of any other person subject to this Act who is paid by the Crown in right of New Zealand, by deduction from the pay or allowances payable to him or her:
b: providing, in cases where a person subject to this Act has been convicted by the Court Martial or found guilty by a disciplinary officer
c: providing for the payment of such fees, allowances, and expenses as may be fixed or determined by or in accordance with the regulations to the following persons (other than members Armed Forces
i: counsel appointed to advise a person who is being questioned by the service authorities or is being held under close arrest:
ii: counsel appointed to appear for the Crown in the Summary Appeal Court, the Court Martial, the Court Martial Appeal Court, or any other court or tribunal that makes, or will make, a determination that may affect service discipline or the operations of the Armed Forces:
iii: counsel appointed to appear for an accused or an appellant who is on legal aid in the Summary Appeal Court, the Court Martial, the Court Martial Appeal Court, the Court of Appeal, or the Supreme Court:
iv: persons engaged by or under the authority of the Chief of Defence Force to lecture on any matter of service law:
v: the person appointed as a member of the Discipline Committee under section 160(2)(i)
vi: counsel appointed to assist a court of inquiry under section 200B(3)
ca: determining the nature and content of the punishments of reduction of rank, forfeiture of seniority, and stay of seniority:
d: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
1A: In subsection (1)(a) the term civil court
1B: No regulations made under subsection (1) shall make any provision contrary to or inconsistent with section 92
2:
3: Any such regulations may make different provision for different services, commands, branches, corps, formations, units, and ranks in the Armed Forces.
4: Regulations under this section are secondary legislation ( see Part 3 1950 No 39 s 17; 1950 No 40 s 16 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 205(1)(a) substituted 1 July 2009 section 74(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 205(1)(aa) substituted 1 July 2009 section 74(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 205(1)(b) substituted 1 December 1983 Armed Forces Discipline Amendment Act 1980 Section 205(1)(b) amended 1 July 2009 section 74(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 205(1)(c) substituted 15 December 1988 Armed Forces Discipline Amendment Act (No 2) 1988 Section 205(1)(c) amended 3 June 1998 section 2(a) Armed Forces Discipline Amendment Act 1998 Section 205(1)(c) amended 1 April 1990 section 105(1) Defence Act 1990 Section 205(1)(c)(i) substituted 1 July 2009 section 74(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 205(1)(c)(ii) substituted 1 July 2009 section 74(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 205(1)(c)(iii) substituted 1 July 2009 section 74(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 205(1)(c)(iv) substituted 1 July 2009 section 74(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 205(1)(c)(v) substituted 1 July 2009 section 74(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 205(1)(c)(vi) added 1 July 2009 section 74(3) Armed Forces Discipline Amendment Act (No 2) 2007 Section 205(1)(ca) inserted 1 July 2009 section 74(4) Armed Forces Discipline Amendment Act (No 2) 2007 Section 205(1A) inserted 1 December 1983 Armed Forces Discipline Amendment Act 1981 Section 205(1B) inserted 1 December 1983 Armed Forces Discipline Amendment Act 1980 Section 205(1B) subsection number substituted 1 December 1983 Armed Forces Discipline Amendment Act 1981 Section 205(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 205(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
206:
1: The Chief of Defence Force Defence Act 1990
a: determining the nature and content of the punishments of stay of seniority, confinement to ship or barracks, extra work and drill, stoppage of leave, and extra duty:
ab: limiting the types of offences that a disciplinary officer may try summarily, or otherwise deal with, under Part 5
ac: limiting the amount that a disciplinary officer may, under section 117ZA
ad: restricting, by fixing the limitations as to rank as the Chief of Defence Force considers necessary, the exercise of powers under Part 5
ae: providing for the designation of classes of certificates of competency that may be issued to members of the Armed Forces who are to be appointed disciplinary officers, presenting officers, or defending officers:
af: providing for the issue, revocation, suspension, expiry, and renewal of those certificates of competency:
ag: providing for the minimum standards for the issue of those certificates of competency (including standards relating to required competence, qualifications, and experience) that must be met for each class of certificate:
ah: providing for the terms and conditions subject to which certificates of competency are issued:
b: providing for the attendance at trials by the Court Martial and warrant officers Court in the Court’s
c:
d: providing for the assembling and constitution of courts of inquiry:
e: providing for legal aid to be granted at public expense in respect of—
i: proceedings in the Court Martial (whether in New Zealand or elsewhere):
ii: appeals to the Summary Appeal Court or the Court Martial Appeal Court (whether in New Zealand or elsewhere):
ea: prescribing the conditions subject to which any legal aid referred to in paragraph (e) may be granted:
eb: providing for legal aid to be granted at public expense to any unrepresented person who (whether in New Zealand or elsewhere)—
i: is being questioned by the service authorities, or is wanted by the service authorities for questioning, in relation to the commission or possible commission of an offence by that person and is advised by the service authorities, before or in the course of questioning, that he or she may consult a lawyer; or
ii: is under close arrest:
ec: prescribing the conditions subject to which any legal aid referred to in paragraph (eb) may be granted:
f: providing for legal aid to be granted at public expense, either generally or in prescribed cases, to persons subject to this Act tried by civil courts outside New Zealand, and prescribing the conditions subject to which any such legal aid may be granted:
g: providing for the removal of a person unfit to stand trial Part 10
h: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: All Defence Force Orders
3: Any such orders may make different provision for different services, commands, branches, corps, formations, units, and ranks of the Armed Forces. Section 206 heading amended 1 July 2009 section 75(1) Armed Forces Discipline Amendment Act (No 2) 2007 Section 206 heading amended 1 April 1990 section 105(1) Defence Act 1990 Section 206(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 206(1) amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 206(1) amended 1 April 1990 section 105(1) Defence Act 1990 Section 206(1)(a) substituted 1 July 2009 section 75(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 206(1)(ab) inserted 1 July 2009 section 75(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 206(1)(ac) inserted 1 July 2009 section 75(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 206(1)(ad) inserted 1 July 2009 section 75(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 206(1)(ae) inserted 1 July 2009 section 75(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 206(1)(af) inserted 1 July 2009 section 75(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 206(1)(ag) inserted 1 July 2009 section 75(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 206(1)(ah) inserted 1 July 2009 section 75(2) Armed Forces Discipline Amendment Act (No 2) 2007 Section 206(1)(b) amended 30 November 2018 section 22(1) Military Justice Legislation Amendment Act 2018 Section 206(1)(b) amended 1 July 2009 section 75(3)(a) Armed Forces Discipline Amendment Act (No 2) 2007 Section 206(1)(b) amended 1 July 2009 section 75(3)(b) Armed Forces Discipline Amendment Act (No 2) 2007 Section 206(1)(b) amended 1 July 2009 section 75(3)(c) Armed Forces Discipline Amendment Act (No 2) 2007 Section 206(1)(c) repealed 30 November 2018 section 22(2) Military Justice Legislation Amendment Act 2018 Section 206(1)(e) substituted 1 July 2009 section 75(5) Armed Forces Discipline Amendment Act (No 2) 2007 Section 206(1)(ea) inserted 1 July 2009 section 75(5) Armed Forces Discipline Amendment Act (No 2) 2007 Section 206(1)(eb) inserted 1 July 2009 section 75(5) Armed Forces Discipline Amendment Act (No 2) 2007 Section 206(1)(ec) inserted 1 July 2009 section 75(5) Armed Forces Discipline Amendment Act (No 2) 2007 Section 206(1)(g) amended 1 September 2004 section 51 Criminal Procedure (Mentally Impaired Persons) Act 2003 Section 206(1)(g) amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997 Section 206(2) amended 28 July 1997 section 4 Armed Forces Discipline Amendment Act 1997
206A: Application of Legislation Act 2019 to Defence Force Orders
1: A Defence Force Order under section 206 see Part 3
2: A Defence Force Order commences in accordance with section 206(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 this section. Legislation Act 2019 requirements for secondary legislation referred to in 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 206A inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Repeals, amendments, and savings Heading substituted 28 July 1997 section 3 Armed Forces Discipline Amendment Act 1997
207: Transitional provisions
Section 207 repealed 28 July 1997 section 3 Armed Forces Discipline Amendment Act 1997
208: Repeals, amendments, and savings
1: The enactments specified in Schedule 7
2: The enactments specified in Schedule 8
3: All districts, offices, appointments, commissions, Proclamations, Orders in Council, regulations, orders, warrants, contracts, instruments, and all acts of authority that originated under or by virtue of any of the enactments repealed by this section, and are subsisting or in force at the commencement of this Act, shall continue for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated; but so that in the case of current appointments for specified terms each such term shall be computed from the date of its commencement.
4: Notwithstanding the repeal of any enactment by subsection (2), 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.
5: The Naval Discipline Act 1957 |
DLM405322 | 1971 | Diplomatic Privileges and Immunities Amendment Act 1971 | 1: Short Title
This Act may be cited as the Diplomatic Privileges and Immunities Amendment Act 1971, and shall be read together with and deemed part of the Diplomatic Privileges and Immunities Act 1968
2:
1: Subsections (1)-(2) inserted section 9A sections 20(1) 21(1) 22(1)
2: Subsections (1)-(2) inserted section 9A sections 20(1) 21(1) 22(1)
3: Whereas in accordance with Article 46 of the Constitution of the Cook Islands (as set out in Schedule 2 to the Cook Islands Constitution Amendment Act 1965 This section shall extend to the Cook Islands as part of the law of the Cook Islands. |
DLM404289 | 1971 | Finance Act 1971 | 1: Short Title
This Act may be cited as the Finance Act 1971.
2: Railway deviation authorised
Section 2 repealed 1 February 1982 section 248(1) Public Works Act 1981
3: Contributions towards Xth British Commonwealth Games
1: It shall be lawful and be deemed to have been lawful for any local authority or public body to make contributions from its general fund or account to Xth British Commonwealth Games Limited, a company incorporated under the Companies Act 1955, and having for its principal object the organisation, management, and financial control of the British Commonwealth Games to be held in Christchurch in 1974.
2: No gift duty shall be payable on any contribution made pursuant to subsection (1).
4: Guarantees of Western Samoan Government loans
1: The Minister of Finance may from time to time, pursuant to the Public Finance Act 1989
2:
3: It shall be lawful for a trustee, unless expressly forbidden by the instrument (if any) creating the trust, to invest any trust funds in his hands in any stock in respect of which the Minister of Finance has given a guarantee or indemnity or security under this section. Section 4(1) amended 1 July 1989 section 86(1) Public Finance Act 1989 Section 4(1) amended 1 April 1978 Public Finance Act 1977 Section 4(2) repealed 1 April 1978 Public Finance Act 1977
5: Application of surplus of separate or special rate
Amendment(s) incorporated in the Act(s)
6: Timber Workers' Housing Pool Account
1: There may, without further appropriation than this section, be paid out of the Timber Workers' Housing Pool Account established under section 24 a Crown Bank Account
2: Amendment(s) incorporated in the Act(s). Section 6(1) amended 25 January 2005 section 83(7) Public Finance Act 1989 |
DLM405357 | 1971 | Niue Amendment Act 1971 | 1: Short Title
This Act may be cited as the Niue Amendment Act 1971, and shall be read together with and deemed part of the Niue Act 1966
1: Constitutional provisions
2: Sections 2–13 repealed 19 October 1974 3(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974 (SR 1974/286)
3: Sections 2–13 repealed 19 October 1974 3(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974 (SR 1974/286)
4: Sections 2–13 repealed 19 October 1974 3(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974 (SR 1974/286)
5: Sections 2–13 repealed 19 October 1974 3(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974 (SR 1974/286)
6: Sections 2–13 repealed 19 October 1974 3(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974 (SR 1974/286)
7: Sections 2–13 repealed 19 October 1974 3(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974 (SR 1974/286)
8: Sections 2–13 repealed 19 October 1974 3(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974 (SR 1974/286)
9: Sections 2–13 repealed 19 October 1974 3(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974 (SR 1974/286)
10: Sections 2–13 repealed 19 October 1974 3(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974 (SR 1974/286)
11: Sections 2–13 repealed 19 October 1974 3(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974 (SR 1974/286)
12: Sections 2–13 repealed 19 October 1974 3(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974 (SR 1974/286)
13: Sections 2–13 repealed 19 October 1974 3(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974 (SR 1974/286)
2: Aerodromes
14: Control of use of land in vicinity of aerodromes
1: For the purposes of ensuring the safety of flight operations into, out of, and in the vicinity of any aerodrome, the Cabinet
a: Prohibit, either absolutely or beyond a height specified in the notice, the erection or placing or extension of any building, pole, mast, or other structure of any kind on the land described in the notice:
b: Limit the height to which trees, shrubs, vegetation, or foliage may be permitted to grow on the land described in the notice:
c: Limit and specify the purposes for which land described in the notice may be used, and the species and varieties of trees, shrubs, vegetation, or foliage which may be grown or permitted to grow on any land described in the notice.
2: Where any land, building, pole, mast, or other structure interferes in any way with the use by aircraft of any aerodrome, the Cabinet Leveki Mangafaoa the Cabinet
3: The Cabinet of Ministers subsection (2) the Cabinet considers
4: The Cabinet of Ministers the Cabinet considers the Cabinet of Ministers Leveki Mangafaoa Subsections (1) (2) amended 19 October 1974 2(1) Niue Amendment Act 1974 by substituting the words the Cabinet the Resident Commissioner See regulation 2 Niue Constitution Act Commencement Order 1974 (SR 1974/286) Subsections (3) (4) amended 19 October 1974 2(1) Niue Amendment Act 1974 by substituting the words the Cabinet considers he considers See regulation 2 Niue Constitution Act Commencement Order 1974 (SR 1974/286) In subsections (3) (4) the Cabinet of Ministers substituted 19 October 1974 the Resident Commissioner 2(2)(c) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974 (SR 1974/286)
15: Compensation
1: Every person having any right or interest in any land injuriously affected, or suffering any damage, from the exercise of any powers given by section 14 section 13 Niue Amendment Act (No 2) 1968
2: In the case of any claim to compensation for restrictions placed upon the use of land, the Court shall, in assessing compensation, take into account not only the loss caused by the restrictions but also the cost of labour reasonably incurred by any Leveki Mangafaoa
16: Section 16 repealed 19 October 1974 3(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974 (SR 1974/286)
3: Miscellaneous amendments
17:
18: Amendments and repeal consequential on
section 17
1:
2:
3:
a:
b:
4: Every reference to the Chief Medical Officer of Niue in any other enactment or in any agreement, deed, instrument, application, licence, notice, or other document whatsoever in force at the passing of this Act shall after the passing of this Act be read as a reference to the Director of Health of Niue.
5: Section 5 Niue Amendment Act 1970
19: Sections 19–20 repealed 19 October 1974 3(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974 (SR 1974/286)
20: Sections 19–20 repealed 19 October 1974 3(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974 (SR 1974/286)
21:
22:
23:
24:
25:
26: Niuean antiquities
a:
b:
c:
d:
e:
f:
g:
h:
i:
j:
k: Paragraph (k) repealed 19 October 1974 3(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974 (SR 1974/286)
27: Repeal of provisions as to housing improvement
1: Part 17
2: The Schedule Niue Amendment Act (No 2) 1968 sections 468 472 477 480
28:
29: Section 29 repealed 19 October 1974 3(1) Niue Amendment Act 1974 See regulation 2 Niue Constitution Act Commencement Order 1974 (SR 1974/286)
30: Director of Agriculture and Director of Works
Every reference in any enactment, deed, instrument, application, licence, notice, or other document whatsoever in force at the passing of this Act shall after the passing of this Act, in its application to Niue, be read—
a: In the case of a reference to the Chief Agricultural Officer, as a reference to the Director of Agriculture:
b: In the case of a reference to the Public Works Officer or to the Superintendent of Works, as a reference to the Director of Works. |
DLM405329 | 1971 | Housing Amendment Act 1971 | 1: Short Title
This Act may be cited as the Housing Amendment Act 1971, and shall be read together with and deemed part of the Housing Act 1955
2:
3: Restriction on registration of instruments
1:
2:
3: Where any licence or certificate of title has endorsed on it, immediately before the commencement of this Act, a memorandum, endorsement, or memorial, which refers to the restrictions imposed by subsection (1) section 25 of the Finance Act 1950 |
DLM397288 | 1971 | Consular Privileges and Immunities Act 1971 | 1: Short Title and commencement
1: This Act may be cited as the Consular Privileges and Immunities Act 1971.
2: This Act shall come into force on 1 April 1972.
2: Interpretation
In this Act, unless the context otherwise requires,— Commonwealth country the Convention Schedule 1 Minister Expressions defined in Article 1 Section 2 Minister replaced 1 July 1993 section 6(1) Foreign Affairs Amendment Act 1993
3: Application of this Act
The provisions of this Act shall, with respect to the matters dealt with therein, have effect in substitution for any previous enactment or rule of law in force in New Zealand immediately before the commencement of this Act.
4: Consular privileges and immunities
1: Subject to subsection (7), the following provisions of the Convention shall have the force of law in New Zealand, namely:
a: Articles 1 5 15 Article 17 paragraphs 1, 2, and 4 of Article 31 Articles 32 33 35 39 Article 41 Articles 43 to 45 48 to 54 Article 55 paragraph 2 of Article 57 Articles 60 to 62 66 67 Article 70
b: paragraphs 1, 2, and 3 of Article 58
c: Article 71 Article 42
2: Without prejudice to the provisions of subsection (1), the Minister, with the concurrence of the Minister of Finance, may from time to time determine, either generally or in any case or class of case, the fiscal privileges which shall be accorded to any consular post or persons connected with any consular post, notwithstanding that the determination may extend treatment more favourable than that required by the provisions of the Convention, and may in like manner determine the terms and conditions on which those privileges may be enjoyed.
3: For the purpose of giving effect to any custom or agreement by which New Zealand and any other State extend to each other treatment more favourable than is required by the provisions of the Convention, the Governor-General may from time to time, by Order in Council, declare that a consular post of that State and persons connected with that consular post shall be accorded such immunity from jurisdiction, and inviolability, as are specified in the order: provided that nothing in this subsection shall apply with respect to persons to whom section 5
4: In subsection (2), the expression persons connected with any consular post section 7
5: In subsections (2) and (3), the expression treatment more favourable
6: Where by virtue of this Act any immunity from jurisdiction is accorded to persons who do not enjoy immunity under the Convention, that immunity may be waived in the manner and subject to the conditions specified in Article 45
7: For the purposes of the provisions of the Articles referred to in subsection (1),—
a: a reference in those provisions to the receiving State shall be construed as a reference to New Zealand:
b: a reference in those provisions to a national of the receiving State shall be construed as a reference to a New Zealand citizen:
c: the reference in paragraph 2 of Article 31
d: the reference in paragraph 1 of Article 41
e: the reference in paragraph 3 of Article 44
f: the reference in Article 45
g: Articles 50 to 52 54 62 67
h: the reference in paragraph 1 of Article 50 Article 62 provided that any immunity from jurisdiction that a person may possess or enjoy by virtue of subsection (1) shall not be prejudiced:
i: the reference in paragraph 2 of Article 57 section II
j: the reference in paragraph 4 of Article 70 Part 1
k: the reference in paragraph 1 of Article 71
8: An order 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 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(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5: Immunities of certain employees of a consular post who are New Zealand citizens or residents
Consular employees of a consular post headed by a career consular officer who are New Zealand citizens or are permanently resident in New Zealand shall be accorded immunity from jurisdiction in respect of official acts performed in the exercise of their functions.
6: Withdrawal of consular privileges and immunities
1: Where the Governor-General is satisfied that the privileges and immunities accorded in relation to a consular post of New Zealand in any State, or to persons connected with that consular post, are less than those conferred by or by virtue of this Act in relation to a consular post of that State, or to persons connected with any such consular post, he may, by Order in Council, withdraw, modify, or restrict, in relation to that consular post or to persons connected with that consular post, such of the privileges and immunities so conferred to such extent as appears to him to be proper.
2: Any Order in Council under subsection (1) shall be disregarded for the purposes of paragraph (aa) of the proviso to section 6 of the British Nationality and New Zealand Citizenship Act 1948 (which relates to the citizenship of the children of certain persons possessing consular immunities).
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 6(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7: Immunities of certain persons in service of Commonwealth or foreign countries
1: The Governor-General may from time to time, by Order in Council, confer on—
a: persons in the service of the Government of any country; and
b: persons in the service of the Government of any territory for whose international relations the Government of any Commonwealth country is responsible— performing functions corresponding to those of a consular officer or consular employee, and holding such offices or classes of offices as are specified in the order, such immunity from jurisdiction, and such inviolability, as are specified in the order.
2: The Governor-General may from time to time, by Order in Council, declare that the provisions of this Act shall apply, to such extent as may be specified in the order, to persons appointed by the Government of any other Commonwealth country to serve as consular officers or consular employees in New Zealand.
3: Any Order in Council made under this section may accord, to such extent as may be specified in the order, inviolability to the official premises and official archives of any person in respect of whom an order has been made for the purposes of this section.
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 7(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
8: Refunds or payments where fiscal privileges accorded
1: The Minister of Finance may direct that such refunds or payments be made from any public fund or account or from the money of any local authority, public body, or person as may in the opinion of that Minister be necessary to give effect to any fiscal privilege accorded pursuant to section 4
2: Where any loss is suffered by any public fund or account other than a Crown Bank Account a Crown Bank Account
3: Where any loss is suffered by any local authority, public body, or person by reason of the conferring of any such privilege or by the making of any refund or payment directed under this section, the Minister of Finance may direct that such payments be made from a Crown Bank Account
4: All refunds or payments directed under this section to be made from any public fund or account shall be made without further appropriation than this section. Section 8(2) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 8(3) amended 25 January 2005 section 83(7) Public Finance Act 1989
9: Certificate of Minister
If in any proceedings any question arises whether or not any person is or was at any time or in respect of any period accorded any privilege or immunity under or by virtue of this Act, a certificate issued by the Minister stating any fact relevant to that question shall be conclusive evidence of that fact.
10: Saving of legal proceedings
This Act shall not affect any legal proceedings begun before the commencement of this Act.
11: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations providing for such matters as are contemplated by or necessary for giving full effect to this Act and for the due administration thereof.
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 11(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
12: Application of Act to Niue and
Tokelau
1: This Act shall be in force in Niue and in Tokelau
2: In the application of this Act to Niue, unless the context otherwise requires,—
a: every reference to New Zealand (when used as a territorial description) shall be construed as including a reference to Niue:
b: every reference in section 8 the Cabinet of Ministers of Niue
c: every reference in section 8 a Crown Bank Account the Niue Government Account
3: In the application of this Act to Tokelau Tokelau
4: Section 12 heading amended 9 December 1976 section 3(8) Tokelau Amendment Act 1976 Section 12(1) amended 9 December 1976 section 3(8) Tokelau Amendment Act 1976 Section 12(2)(b) amended 19 October 1974 section 2(2)(c) Niue Amendment Act 1974 Section 12(2)(c) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 12(2)(c) amended 19 October 1974 section 2(2)(f) Niue Amendment Act 1974 Section 12(3) amended 9 December 1976 section 3(8) Tokelau Amendment Act 1976 Section 12(4) repealed 19 October 1974 section 3(1) Niue Amendment Act 1974
13: Application of Act to Cook Islands
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:
1: This Act shall extend to the Cook Islands as part of the law of the Cook Islands.
2: In the application of this Act to the Cook Islands, unless the context otherwise requires,—
a: every reference to New Zealand (when used as a territorial description) shall be construed as including a reference to the Cook Islands:
b: every reference to the Minister of Finance shall be construed as a reference to the Minister of Finance of the Cook Islands:
c: every reference in section 8 a Crown Bank Account Section 13(2)(c) amended 25 January 2005 section 83(7) Public Finance Act 1989
14: Consequential amendments
1: Amendment(s) incorporated in the Act(s)
2: Section 14(2) repealed 1 November 1987 section 151(1) Immigration Act 1987 |
DLM405515 | 1971 | Maori Purposes Act 1971 | 1: Short Title
This Act may
be cited as the Maori Purposes Act 1971. Amendments to Maori Affairs Act 1953
2: Appointment of general agent by transferee of shares
in Maori incorporation
Section 2 repealed 1 July 1993 362(2) Te Ture Whenua
Maori/Maori Land Act 1993
3: Status of Maori incorporation land on winding up
Section 3 repealed 10 October 1975 Maori Purposes Act 1975 Amendment to Maori Reserved Land Act 1955
4: Trust for Auckland and Onehunga Hostels Endowment
Section 89
d: the making of grants towards the provision
and maintenance (including the payment of existing debts) of any marae,
community centre, sports ground, or cultural centre, or other centre
of a similar nature, which in the Maori Trustee’s opinion is
or will be principally or substantially used by Maoris or the descendants
of Maoris. Amendments to Maori Trustee Act 1953
5: Payment by Maori Trustee to New Zealand Maori Council
Section 5 repealed 24 June 1996 Maori
Trustee Amendment Act 1996
6: Maori Trustee may bar small claims
The Maori Trustee
Act 1953 is hereby amended by inserting, after section 48
48A:
1: Where any
person claims, or the Maori Trustee believes a person may claim, to
recover from the Maori Trustee any money, chattels, or things under
$1,000 in value, as estimated by the Maori Trustee, and the Maori
Trustee rejects the claim or desires to reject the claim, the Maori
Trustee may serve upon the person by whom or on whose behalf the claim
is made, or may be made, a notice in writing calling up such person
to take legal proceedings within a period of 3 months to establish
or enforce the claim and also to prosecute the proceedings with all
due diligence.
2: If the proceedings are not commenced by such person within the said
period, the claim shall thereupon be barred, and the money, chattels,
or things shall become irrecoverable, and the Maori Trustee may proceed
to administer and distribute the estate disregarding the claim.
3: This section shall apply to every such claim, whether arising or
made before or after the commencement of this section, and whether
the claim is or may be made by any person as creditor or next of kin
or beneficiary or otherwise.
4: The powers given by this section shall be in addition to the powers
conferred by section 75 of the Trustee
Act 1956
7: Miscellaneous amendments to Maori Trustee Act 1953
The Maori Trustee Act 1953 section 7(1) Schedule Amendment to Maori Trust Boards Act 1955
8: Maori Trust Board may accept trusts
The Maori Trust
Boards Act 1955 is hereby amended by inserting, after section 24B section 3 of the Maori Trust Boards Amendment Act
1962
24C: Notwithstanding
anything in any other provision of this Act, a Board may accept and
hold or otherwise deal with any property upon trust for the benefit
of the Board’s beneficiaries or any of them or for the benefit
of any group of persons which includes any such beneficiaries. Any
property held by a Board pursuant to this section shall be dealt with
in accordance with the terms of the trust and shall not constitute
an asset of the Board for the general purposes of this Act. Amendments to Maori Welfare Act 1962
9: Direct representation of Maori Committee on District
Maori Council
The Maori Welfare
Act 1962 is hereby amended by inserting, after section 10
10A:
1: A District
Maori Council may at any time, by resolution, determine that a designated
Maori Committee shall have direct representation to the District Maori
Council and shall, in such case, fix the manner and extent of the
representation. Any such Maori Committee shall thereupon be subject
in all things to the control of the District Maori Council as if the
Council were a Maori Executive Committee, and the Council shall have
such of the powers of a Maori Executive Committee as the Council determines.
2: A determination under subsection (1) may at any time in like manner
be varied or revoked.
10: Maori Council Districts
1: Section 14
1: The New Zealand Maori Council may at any time by resolution declare
any specified part of New Zealand to be a Maori Council District for
the purposes of this Act and may assign a name by which the District
shall be known.
2: Section 14
4: The New Zealand Maori Council may at any time by resolution alter
the boundaries of any Maori Council district or amalgamate two or
more districts or constitute a new district over part of an existing
district, and may at the same time amend the name of any district
or assign a new name thereto.
11: Election of Maori Committees
Section 19
6: Notwithstanding any other provision of this Act or of any regulations
made under this Act, where the members of any Maori Committee (being
a committee revived after being in recess) will have been in office
for less than 6 months on the date fixed by this section for the election
of Maori Committees, no election of members of that Committee shall
be held on that date if the District Maori Council concerned has by
resolution determined that no such election be held and, in such case,
the members of that committee in office on that date shall continue
in office as if they had been elected on that date. |
DLM405044 | 1971 | Seamen's Union Funds Act 1971 | 1: Short Title
This Act may be cited as the Seamen's Union Funds Act 1971.
2: Interpretation
In this Act, unless the context otherwise requires,— assets of the Union
a: bank notes and other currency, postal notes, money orders, promissory notes, and bills of exchange, and any other negotiable instruments payable in currency; and
b: any amount deposited in a bank, and any amount for which cheques can be drawn on a bank pursuant to an arrangement for the time being subsisting; and
c: any real or personal property of any member or officer or position-holder of the Union or any of its branches, if that property was the property of the Union or any branch on 4 November 1971; and
d: all real and personal property of the Union or any of its branches which at any time has been transferred to or vested in any person in trust for the Union or of any of its branches or has been disposed of without adequate consideration in money or money's worth;— and also includes every estate or interest in real or personal property of which The Federated Seamen's Union of New Zealand Industrial Association of Workers, or the Auckland Federated Seamen's Industrial Union of Workers, or the Wellington Federated Seamen's Industrial Union of Workers, or The Dunedin Federated Seamen's Industrial Union of Workers (being predecessors of the Union) is registered as the proprietor at the date of the passing of this Act Manager Public Trust Minister Union Section 2 Manager amended 1 March 2002 section 170(1) Public Trust Act 2001
3: Appointment of Manager
Public Trust Section 3 amended 1 March 2002 section 170(1) Public Trust Act 2001
4: Vesting of assets
1: All assets of the Union are vested in Public Trust, and must be held by it upon trust to manage and administer the assets until they are vested in a new union under section 7
2: A certificate of Public Trust to the effect that an asset described in the certificate has vested in Public Trust under subsection (1) must be accepted by all courts, registrars, and other persons as sufficient evidence that the asset has vested in Public Trust.
3: The registrar or other person responsible for keeping a register of instruments of title must register Public Trust as proprietor of an asset on production of—
a: a certificate under subsection (2) that relates to the asset; and
b: an application by Public Trust for registration as proprietor of the asset in place of the proprietor named in the instrument of title to the asset. Section 4 replaced 1 March 2002 section 170(1) Public Trust Act 2001
5: Powers of Manager
The Manager shall have the following powers:
a: to take and retain possession of all assets of the Union, and in particular, but without limiting the generality of the power conferred by this paragraph, to demand, receive, and hold all instruments of title to any of the assets which are or may be in the possession or under the control of any person, whether or not employed by the Union or any branch thereof, with all related documents, records, and lists or instruments of title:
b: to have full and free access to any books of accounts, documents, and records of the Union or of any branch of the Union, and make copies thereof or take extracts therefrom, and, if he considers it necessary, to take and retain possession thereof:
c: to complete, carry out, perform, or enforce in such manner as he may think fit any contracts entered into by the Union or any branch thereof before 5 November 1971 and exercise any powers conferred by any such contract:
d: to do any act or thing requisite to obtaining or perfecting the title to any of the assets:
e: to bring any action or other proceedings relating to the assets or to the recovery thereof, and defend, confess, or compromise, or submit to judgment in, any action, claim, demand, or proceeding touching the assets:
f: to insure against fire or accident or otherwise any of the assets:
g: to employ or appoint servants, clerks, and agents on such terms and subject to such conditions as he thinks fit:
h: to appoint an agent to do anything that the Manager is authorised to do as Manager of the assets of the Union; to delegate all or any of his powers and functions, either generally or particularly, to any person or class of persons, and to revoke any such delegation:
i: to open in any bank in New Zealand an account in the name of the Manager, and operate on the account in such manner and to such extent as the Manager may from time to time determine:
j: to exercise as if he were trustee of the assets all powers which he could exercise under the Trustee Act 1956
k: such other powers as may be conferred on the Manager by regulations made pursuant to section 9
6: Liabilities, expenses, and remuneration
1: The Manager may pay or satisfy out of the assets of the Union all debts, liabilities, and obligations of the Union or any branch of the Union, so far as the law binds and the assets in his hands and available for the purpose extend.
2: The remuneration of Public Trust as Manager of the Union must—
a: subject to the approval of the Minister, be determined in accordance with Public Trust's scale of charges; and
b: be paid out of the assets of the Union to the credit of Public Trust.
3: All costs, charges, and expenses incurred by Public Trust Public Trust Section 6(2) replaced 1 March 2002 section 170(1) Public Trust Act 2001 Section 6(3) amended 1 March 2002 section 170(1) Public Trust Act 2001
7: Disposal of assets
1: Where the Minister is satisfied that a new union of workers representing seamen (other than officers) employed in the deck department or engine room department of New Zealand ships (including New Zealand Government ships) has after the passing of this Act been registered under the Industrial Conciliation and Arbitration Act 1954, he shall, by notice in the Gazette
a: the new union has been so registered under the name specified in the notice; and
b: on the date specified in the notice (being the date of the notice or any later date), the assets of the Union then vested in Public Trust
2: On the publication of that notice in the Gazette
a: those assets of the Union shall on the date specified in the notice vest by virtue of this subsection in the new union named in the notice; and
b: all the liabilities and obligations of the Union or of the Manager on that date shall become liabilities and obligations of the new union.
3: Where Public Trust has not been registered as the proprietor of an asset of the Union, a certificate of Public Trust to the effect that the asset is vested in Public Trust under section 4(1)
4: In this section the expressions New Zealand ship New Zealand Government ship seamen Section 7(1)(b) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 7(3) replaced 1 March 2002 section 170(1) Public Trust Act 2001
8: Offences
1: Every person commits an offence against this Act who—
a: acts in contravention of or fails to comply in any respect with any requirement lawfully made under this Act:
b: resists, obstructs, deceives, or attempts to deceive the Manager or any other person who is exercising or attempting to exercise any power or function under this Act:
c: knowingly or negligently makes any false or misleading statement or any material omission in any information or particulars furnished to the Manager or any other person under or for the purposes of this Act.
2: Every person who commits an offence against this Act is liable on Section 8(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
9: Regulations
The Governor-General may from time to time, by Order in Council, make regulations 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.
10: Act to be administered in the Department of Labour
Section 10 repealed 14 December 1979 Labour Department Amendment Act 1979 |
DLM404806 | 1971 | Department of Social Welfare Act 1971 | 1: Short Title and commencement
1: This Act may be cited as the Department of Social Welfare Act 1971.
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 1 April 1972 Department of Social Welfare Act Commencement Order 1972
2: Interpretation
Section 2 repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
1: Department of Social Welfare
Part 1 repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
3: Department of Social Welfare
Section 3 repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
4: Functions of department
Section 4 repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
5: Powers of Minister
Section 5 repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
6: Director-General of Social Welfare
Section 6 repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
6A: Deputy Directors-General of Social Welfare
Section 6A repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
7: Assistant Directors-General of Social Welfare
Section 7 repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
7A: Social Welfare Commission
Section 7A repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
7B: Term of office of members
Section 7B repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
7C: Extraordinary vacancies
Section 7C repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
7D: Presiding member
Section 7D repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
7E: Deputies of members
Section 7E repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
7F: Meetings of Commission
Section 7F repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
7G: Administrative services
Section 7G repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
7H: Fees and travelling allowances
Section 7H repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
7I: Functions of Commission
Section 7I repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
7J: Powers of Commission
Section 7J repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
7K: District Executive Committees and Area Welfare Executive Committees
Section 7K repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
7L: Functions of District Executive Committees and Area Welfare Executive Committees
Section 7L repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
7M: Institution management committees
Section 7M repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
7N: Functions of institution management committees
Section 7N repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
8: Social workers
Section 8 repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
9: Honorary social workers
Section 9 repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
9A: Social welfare volunteers
Section 9A repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
10: Other officers and employees of the department
Section 10 repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
11: Delegation of powers by Minister
Section 11 repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
12: Delegation of powers by Director-General
Section 12 repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
13: Committees
Section 13 repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
14: Regulations
Section 14 repealed 1 April 1990 section 33(1) Social Welfare (Transitional Provisions) Act 1990
2: Amendments to other enactments
Social security
15: Administration of Part 1 of Social Security Act 1964
1:
2:
3:
4: Amendment(s) incorporated in the Act(s) Section 15(1) repealed 1 April 1994 section 6(a) Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 Section 15(2) repealed 23 June 1987 section 2(5) Social Security Amendment Act 1987 Section 15(3) repealed 1 April 1990 section 34(3)(a) Social Welfare (Transitional Provisions) Act 1990
16: Social Security Commission
Section 16 repealed 23 June 1987 section 2(5) Social Security Amendment Act 1987
17: Acting Commissioners
Section 17 repealed 23 June 1987 section 2(5) Social Security Amendment Act 1987
18: Consequential amendments
1: Amendment(s) incorporated in the Act(s)
2:
3), (4: Amendment(s) incorporated in the Act(s) Section 18(2) repealed 17 September 1997 section 24(3)(a) Social Security Amendment Act (No 4) 1997 Family benefits (home ownership)
19: Amendments to Family Benefits (Home Ownership) Act 1964
Amendment(s) incorporated in the Act(s) War pensions Heading repealed 1 October 1998 section 12(a) Employment Services and Income Support (Integrated Administration) Act 1998
20: Amendments to War Pensions Act 1954
Section 20 repealed 1 October 1998 section 12(a) Employment Services and Income Support (Integrated Administration) Act 1998 Child welfare Heading repealed 1 April 1975 Children and Young Persons Act 1974
21: Amendments to Child Welfare Act 1925
Section 21 repealed 1 April 1975 Children and Young Persons Act 1974 Infants Heading repealed 19 December 1989 section 2(j) Infants Act Repeal Act 1989
22: Amendments to Infants Act 1908
Section 22 repealed 19 December 1989 section 2(j) Infants Act Repeal Act 1989 Adoption
23: Amendments to Adoption Act 1955
1: Amendment(s) incorporated in the Act(s)
2:
3: Amendment(s) incorporated in the Act(s).
4: Subject to the foregoing provisions of this section, and unless the context otherwise requires, every reference in the Adoption Act 1955
a:
b: to a Child Welfare Officer shall hereafter be read as a reference to a social worker. Section 23(2) repealed 1 April 1990 section 36(6) Social Welfare (Transitional Provisions) Act 1990 Section 23(4)(a) repealed 1 October 1999 section 14(a) Department of Child, Youth and Family Services Act 1999 Maori welfare
24: Amendment to Maori Welfare Act 1962
Amendment(s) incorporated in the Act(s) Matrimonial proceedings Heading repealed 1 October 1981 section 189(1) Family Proceedings Act 1980
25: Amendments to Matrimonial Proceedings Act 1963
Section 25 repealed 1 October 1981 section 189(1) Family Proceedings Act 1980 Domestic proceedings Heading repealed 1 October 1981 section 189(1) Family Proceedings Act 1980
26: Amendments to Domestic Proceedings Act 1968
Section 26 repealed 1 October 1981 section 189(1) Family Proceedings Act 1980 Guardianship
27: Amendments to Guardianship Act 1968
1:
2:
3: Subject to the foregoing provisions of this section, and unless the context otherwise requires, every reference in the Guardianship Act—
a:
b: to a Child Welfare Officer shall hereafter be read as a reference to a social worker. Section 27(1) repealed 1 January 1980 Guardianship Amendment Act 1979 Section 27(2) repealed 1 January 1980 Guardianship Amendment Act 1979 Section 27(3)(a) repealed 1 October 1999 section 14(a) Department of Child, Youth and Family Services Act 1999 Parliamentary Commissioner (Ombudsman) Heading repealed 26 June 1975 section 33(1) Ombudsmen Act 1975
28: Amendment to Parliamentary Commissioner (Ombudsman) Act 1962
Section 28 repealed 26 June 1975 section 33(1) Ombudsmen Act 1975 State services
29: Amendments to State Services Act 1962
1: Amendment(s) incorporated in the Act(s)
2: Section 29(2) repealed 8 August 1973 State Services Amendment Act 1973 Consequential amendments
30: General consequential amendments
Subject to the foregoing provisions of this Part, 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:
b:
c:
d: to a Child Welfare Officer shall hereafter be read as a reference to a social worker. Section 30(a) repealed 1 October 1999 section 14(a) Department of Child, Youth and Family Services Act 1999 Section 30(b) repealed 1 October 1999 section 14(a) Department of Child, Youth and Family Services Act 1999 Section 30(c) repealed 1 October 1999 section 14(a) Department of Child, Youth and Family Services Act 1999 |
DLM438741 | 1976 | Gaming Duties Amendment Act 1976 | 1: Short Title and commencement
1: This Act may be cited as the Gaming Duties Amendment Act 1976, and shall be read together with and deemed part of the Gaming Duties Act 1971
2: This Act shall come into force on the 1st day of September 1976.
2: Application
1: This Act shall, with respect to totalisator duty, apply to—
a: All race meetings held on or after the 1st day of September 1976; and
b: All special investments on any race run on or after that date, or on a double or other combination of races where the first race is run on or after that date.
2: Section 2(1)
3: Notwithstanding subsection (2)
a: All races run on any day before the 1st day of September 1976:
b: All special investments received by the Totalisator Agency Board on any race run before the 1st day of September 1976 or on a double where the first race is run before that date.
3: Interpretation
1:
2: Subsection (1) repealed 1 October 1986 Racing Amendment Act 1986 Subsection (2) 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
Section 4 repealed 9 December 1977 8(3) Finance Act 1977
5: Return to be furnished to Commissioner
Section 5 repealed 1 August 2003 70(2) Racing Act 2003 See sections 71 to 81 See clause 2 Racing Act Commencement Order 2003
6: Amendments to Racing Act 1971
Section 6 repealed 27 November 1980 Racing Amendment Act 1980 |
DLM2474800 | 1976 | Income Tax Act 1976 | The Income Tax Act 1976 is not available on this website. For more information, see http://www.legislation.govt.nz/howitworks.aspx#whatonsite Section 64A(1) Air transport to New Zealand inserted 23 March 2020 section 269(1) section 269(3) Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 Section 64A(2) Air transport to New Zealand amended 23 March 2020 section 269(2)(a) section 269(3) Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 Section 64A(2) Air transport to New Zealand amended 23 March 2020 section 269(2)(b) section 269(3) Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 Section 108I(1)(b) substituted 6 October 2009 section 855(1) Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 Section 226(1) qualifying trust replaced 24 February 2016 section 295(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 226(1) qualifying trust inserted 24 February 2016 section 295(2) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 228(8) inserted 24 February 2016 section 296(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 228(9) inserted 24 February 2016 section 296(1) Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 Section 374A dependent child inserted 24 August 2010 section 4(1) Taxation (Definitions of Dependent Child) Act 2010 Section 409(3B) inserted 23 March 2020 section 270 Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 Schedule 21 item 17 added 6 October 2009 section 856(1) Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 |
DLM439949 | 1976 | Health Amendment Act 1976 | 1: Short Title
This Act may be cited as the Health Amendment Act 1976, and shall be read together with and deemed part of the Health Act 1956
2: Regulations as to camping grounds
1: This subsection inserted section 120B
2: The Camping-ground Regulations 1936 |
DLM438794 | 1976 | Government Superannuation Fund Amendment Act 1976 | 1: Short Title and commencement
1: This Act may be cited as the Government Superannuation Fund Amendment Act 1976, and shall be read together with and deemed part of the Act heretofore known as the Superannuation Act 1956
2: Sections 2(1) 5 6 8 9 10 11 20 21 27 31 33 35 37 Schedule 3 sections 12 13
2: Interpretation
1: This subsection inserted definitions of Financial year spouse section 2(1)
2: This subsection substituted the definition of Education service section 2(1)
3: This subsection amended the definition of Government service section 2(1)
4: The following enactments are hereby consequentially repealed:
a: Section 2 of the Act heretofore known as the Superannuation Amendment Act 1959
b: Section 2(1) Superannuation Amendment Act 1962
c: Section 2 of the Act Superannuation Amendment Act 1964
d: Section 83(15) Private Schools Conditional Integration Act 1975
3: Alteration of Short Titles of Acts
1: The principal Act may hereafter be cited as the Government Superannuation Fund Act 1956
2:
3:
4: Interest on money held in error
Section 4 repealed 1 October 1995 31 Government Superannuation Fund Amendment Act 1995
5: General provisions as to elections to become contributors
6: Variable percentage scheme
7: Retiring allowance
8: Death of male contributor
Sections 8 9 repealed 29 March 1985 22(3) Government Superannuation Fund Amendment Act 1985
9: Death of female contributor
Sections 8 9 repealed 29 March 1985 22(3) Government Superannuation Fund Amendment Act 1985
10: Reactivation of contributory service
11: Cost of living adjustment
12: Percentage of annual adjustment
1: This subsection substituted section 5(1) Government Superannuation Fund Amendment Act 1969
2:
3: This subsection added section 5(3) Government Superannuation Fund Amendment Act 1969
4: In any case where this section operates during any period to reduce the amount that would otherwise be payable to any person under the principal Act, the amount payable to that person during that period under that Act shall be calculated as if this section had not been passed. Subsection (2) repealed 25 December 1986 33(7) Government Superannuation Fund Amendment Act 1986
13: Initial adjustments
This section made various amendments to section 7 Government Superannuation Fund Amendment Act 1969
14: Removal of limit to amount of adjustments
This section amended section 8 Government Superannuation Fund Amendment Act 1969
15: Annuity to spouse who remarries
Section 15 repealed 29 March 1985 22(3) Government Superannuation Fund Amendment Act 1985
16: Board may make certain adjustments
17: Adjustments to allowances, etc, payable before commencement of this Act
The adjustments to any retiring allowance, annual allowance, or annuity payable before the commencement of this section 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 15th day of April 1976.
18: Interpretation to Part 3
19: Application of Part 2 to permanent members of regular forces and regular servicemen
20: Rates of contribution to Fund of permanent members of regular forces and regular servicemen
21: Flat rate contributions
22: Provisions as to permanent members and regular servicemen becoming contributors
23: Elections to contribute in respect of previous service in Her Majesty's forces
24: Previous contributory service otherwise than in Her Majesty's forces
25: Contributions under special armed forces scheme by member with contributory service otherwise than in armed forces
26: Retiring allowance of permanent members or regular servicemen compulsorily retired
27: Contributors entering Government service after retirement from regular forces
28: Contributor to special armed forces scheme entering Government service
29: Effect of loss of pay through punishment
30: Annuity to spouse or refund of contributions on death of contributor
1: This subsection substituted paragraphs (a) (b) 79(1)
2: The following enactments are hereby consequentially repealed:
a: Subsections (1) (2)
b: Section 2(2) of the Act Superannuation Amendment Act 1965
c: Section 6(7) Superannuation Amendment Act 1970
31: Election to receive refund of contributions
Section 31 repealed 29 March 1985 22(3) Government Superannuation Fund Amendment Act 1985
32: Annuity to spouse and allowance to children or refund of contributions on death of member
Section 32 repealed 1 April 1987 8 Government Superannuation Fund Amendment Act 1987
33: Conflicting claims of spouses
34: Annual subsidies from Government
Section 34 repealed 20 November 1979 20(2) Government Superannuation Fund Amendment Act 1979
35: Employers' contributions in respect of prescribed period to be added to refunds and transfer values
1: Every transfer value that is provided in accordance with the principal Act (as amended by section 37 or that is determined in accordance with regulations made under the principal Act Part 6 regulation 26 of the New Zealand Superannuation Regulations 1974
2: Where an amount in respect of employer's contributions has been included in any transfer value provided, or in any refund of contributions made, to or in respect of a contributor, subsection (1)
3: In this section,— Prescribed date Prescribed period
36: Correction of out of date provisions
1:
2: The following enactments are hereby repealed:
a: Section 3 of the Act heretofore known as the Superannuation Amendment Act 1957
b: Section 2(4) of the Act heretofore known as the Superannuation Amendment Act 1959
37: Temporary amendments to principal Act
The principal Act shall, in relation to the period commencing on the 1st day of April 1975 and ending with the time of the repeal of the New Zealand Superannuation Act 1974 first |
DLM442136 | 1976 | Summary Proceedings Amendment Act 1976 | 1: Short Title and commencement
1: This Act may be cited as the Summary Proceedings Amendment Act 1976, and shall be read together with and deemed part of the Summary Proceedings Act 1957
2: Sections 3 15 to 17 20 Schedule
3: Except as provided in subsection (2)
2: Summons following arrest
3: Summary procedure for minor offences
Section 3(6) repealed 30 June 1998 6(4) Summary Proceedings Amendment Act (No 2) 1998
4: Repeal of summary procedure for certain traffic offences
1: Section 21
2: Section 3 of the Summary Proceedings Amendment Act 1969
3: Notwithstanding subsections (1) (2) section 21 subsections (1) (2)
5: Power to clear Court and forbid report of proceedings
6: Criminal Records
7: Warrant of commitment under Part 3 of principal Act may be addressed to any constable or bailiff
8: Extension of time to pay
9: Transfer of enforcement to another Court
10: Execution of warrant of seizure
11: Remission of sum adjudged to be paid
12: Right of appeal against sentence for contempt of Court
Section 12(2) repealed 3 June 1998 2(b) Summary Proceedings Amendment Act 1998
13: Notice of appeal
14: Transmission of notice of appeal to Supreme Court
15: Plea of guilty before or during preliminary hearing
Section 15 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008
16: Committal without consideration of evidence
Section 16 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008
17: Written statements
Section 17 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008
18: Person may be released on summons on Sunday
19: Amendments to Crimes Act 1961
20: Amendments and repeals consequential upon sections 15 to 17 of this Act
1:
2:
3: The following enactments are hereby consequentially repealed:
a: The Summary Proceedings Amendment Act 1963
b: Section 12(2) of the Crimes Amendment Act 1973 |
DLM438757 | 1976 | Domicile Act 1976 | 1: Short Title and commencement
1: This Act may be cited as the Domicile Act 1976.
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 January 1981 clause 2 Domicile Act Commencement Order 1980 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
In this Act, unless the context otherwise requires,— country union
3: Domicile before commencement
The domicile that a person had at a time before the commencement of this Act shall be determined as if this Act had not been passed.
4: Domicile after commencement
The domicile that a person has at a time after the commencement of this Act shall be determined as if this Act had always been in force.
5: Wife's dependent domicile abolished
1: Every married person is capable of having an independent domicile; and the rule of law whereby upon marriage a woman acquires her husband's domicile and is thereafter during the subsistence of the marriage incapable of having any other domicile is hereby abolished.
2: This section applies to the parties to every marriage, wherever and pursuant to whatever law solemnised, and whatever the domicile of the parties at the time of the marriage.
6: Children
1: This section shall have effect in place of all rules of law relating to the domicile of children.
2: In this section child
3: A child whose parents are living together has the domicile for the time being of its father.
4: If a child whose parents are not living together has its home with its father it has the domicile for the time being of its father; and after it ceases to have its home with him it continues to have that domicile (or, if he is dead, the domicile he had at his death) until it has its home with its mother.
5: Subject to subsection (4), a child whose parents are not living together has the domicile for the time being of its mother (or, if she is dead, the domicile she had at her death).
6: Until a foundling child has its home with one of its parents, both its parents shall, for the purposes of this section, be deemed to be alive and domiciled in the country in which the foundling child was found.
7: Attainment of independent domicile
Subject to any rule of law relating to the domicile of insane persons, every person becomes capable of having an independent domicile upon attaining the age of 16 years or sooner marrying, and thereafter continues so to be capable.
8: Domicile to continue
The domicile a person has immediately before becoming capable of having an independent domicile continues until he acquires a new domicile in accordance with section 9
9: Acquisition of new domicile
A person acquires a new domicile in a country at a particular time if, immediately before that time,—
a: he is not domiciled in that country; and
b: he is capable of having an independent domicile; and
c: he is in that country; and
d: he intends to live indefinitely in that country.
10: Deemed intention
A person who ordinarily resides and intends to live indefinitely in a union but has not formed an intention to live indefinitely in any one country forming part of the union shall be deemed to intend to live indefinitely—
a: in that country forming part of the union in which he ordinarily resides; or
b: if he does not ordinarily reside in any such country, in whichever such country he is in; or
c: if he neither ordinarily resides nor is in any such country, in whichever such country he was last in.
11: Domicile of origin not to revive
A new domicile acquired in accordance with section 9
12: Standard of proof
The standard of proof which, immediately before the commencement of this Act, was sufficient to show the abandonment of a domicile of choice and the acquisition of another domicile of choice shall be sufficient to show the acquisition of a new domicile in accordance with section 9
13: Domicile in unions
A person domiciled in a country forming part of a union is also domiciled in that union.
14: Consequential amendments and repeals
Amendment(s) incorporated in the Act(s). |
DLM440925 | 1976 | Reserves and Other Lands Disposal Act 1976 | 1: Short Title
This Act may be cited as the Reserves and Other Lands Disposal Act 1976.
2: Repealing the Sandon Public Park Management Act 1875 and providing for the Manawatu County to succeed to the assets and liabilities of the Sandon Public Park Board
Whereas the Sandon Public Park Board (in this section called the Board the Corporation
1: The Sandon Public Park Management Act 1875 is hereby repealed and the Board is abolished.
2: The land first and secondly described in subsection (6) is hereby vested in the Corporation, subject to all leases and tenancies affecting the same, to be held as a recreation reserve subject to the Reserves and Domains Act 1953.
3: The land thirdly described in the said subsection (6) is hereby vested in the Corporation for an estate in fee simple, subject to all leases and tenancies affecting the same, on trust for the purposes of a public hall in the Sanson district, and with liberty, notwithstanding section 170(2) of the Counties Act 1956, to use the proceeds of any sale of such land, and any income arising from such proceeds, either for the same purposes or, with the approval of the Minister of Lands, for the purpose of improving or developing any public reserve within the Sanson district which is vested in the Corporation.
4: If any doubt or dispute arises as to whether a public reserve is within the Sanson district for the purposes of subsection (3), the question shall be resolved by the Minister of Lands, and his decision thereon shall be final.
5: All personal property of any kind or nature belonging to the Board immediately before the passing of this Act shall thereafter be the property of the Corporation, and all liabilities and obligations of the Board, whether actual or contingent, shall, after the passing of this Act, be the liabilities and obligations of the Corporation, without any further provision than this subsection.
6: The land to which this section relates is— First, all that parcel of land situated in the Wellington Land District, containing 1 012 square metres, more or less, being Lot 35 on Deposited Plan No 13, situated in Block XV, Rangitoto Survey District, and being the whole of the land in certificate of title, Volume 50, folio 201 (Wellington Registry): Secondly, all that parcel of land situated in the Wellington Land District, containing 4.0468 hectares, more or less, being part of Section 15, Town of Sandon, and being all of the land in A Plan No 522, situated in Block XV, Rangitoto Survey District, and being the whole of the land in certificate of title, Volume 74, folio 92 (Wellington Registry) subject to Gazette Thirdly, all that parcel of land situated in the Wellington Land District, containing 16.1874 hectares, more or less, being Lot 1 of Section 152, Town of Sandon, situated in Block XVI, Rangitoto Survey District, and being the whole of the land in certificate of title, Volume 16, folio 145 (Wellington Registry).
3: Excluding land from the Abel Tasman National Park
Whereas the land described in subsection (2) is included in the Abel Tasman National Park but is a residential section, separate from the rest of the park, on which is erected a dwelling occupied by a member of the staff of the Park Board: And whereas it is desired, when the opportunity arises, to sell the said land and buy a more suitable residential property: And whereas, by section 10(2) of the National Parks Act 1952, no land included in a national park may be excluded therefrom except by Act of Parliament: Be it therefore enacted as follows:
1: The land described in subsection (2) is hereby excluded from the Abel Tasman National Park and is declared to be Crown land subject to the Land Act 1948
2: This section relates to all that parcel of land situated in the Nelson Land District, containing 796 square metres, more or less, being Lot 2 on Deposited Plan No 4570 and being part Section 19, District of Takaka, situated in Block X of the Waitapu Survey District.
4: Excluding further land from the Abel Tasman National Park
Whereas the land described in subsection (2) is included in the Abel Tasman National Park: And whereas an agreement to sell the said land has been entered into and it is necessary, in order to complete that agreement, to exclude the said land from the said national park: And whereas by section 10(2) of the National Parks Act 1952 no land included in a national park may be excluded therefrom except by Act of Parliament: Be it therefore enacted as follows:
1: The land described in subsection (2) is hereby excluded from the Abel Tasman National Park and is declared to be Crown land subject to the Land Act 1948
2: This section relates to all that parcel of land situated in the Nelson Land District, containing 11.8600 hectares, more or less, being Sections 37 and 38 of Square 10, situated in Block VI, Totaranui Survey District (SO Plan 11848).
5: Excluding land from the Mount Aspiring National Park
Whereas the land described in subsection (2) is included in the Mount Aspiring National Park but has in fact been formed and sealed as part of the Haast Pass highway: And whereas it is desired to make the legal status of the said land correspond with its actual use and exclude it from the said national park: And whereas by section 10(2) of the National Parks Act 1952 no land included in a national park may be excluded therefrom except by Act of Parliament: Be it therefore enacted as follows:
1: The land described in subsection (2) is hereby excluded from the Mount Aspiring National Park and is declared to be Crown land subject to the Land Act 1948
2: This section relates to all those parcels of land situated in the Westland Land District (containing in aggregate 84.0202 hectares, more or less) being part of Rural Section 4819, situated in Blocks XII and XVI, Okuru Survey District, and Blocks IX and XIII, Mataketake Survey District, containing 5.1091 hectares, more or less (SO Plan 5296); part of Rural Section 4819, situated in Block XIII, Mataketake Survey District, containing 5.7920 hectares, more or less (SO Plans 5296 and 5297); part of Rural Section 4819, situated in Block XIV, Mataketake Survey District, containing 5.0838 hectares, more or less (SO Plan 5298); part of Rural Section 4823, situated in Blocks XIV and XV, Mataketake Survey District, containing 12.5452 hectares, more or less (SO Plan 5298); part Rural Section 4819, situated in Block XV, Mataketake Survey District, containing 10.6988 hectares, more or less (SO Plans 5298 and 5299); part Rural Section 4824, situated in Block XV, Mataketake Survey District, containing 2.2227 hectares, more or less (SO Plan 5299); part of Rural Section 4825, situated in Blocks XV and XVI, Mataketake Survey District, containing 10.8465 hectares, more or less (SO Plan 5300); part of Rural Section 4819, situated in Block XVI, Mataketake Survey District, containing 804 square metres, more or less (SO Plan 5300); part of Rural Section 4826, situated in Block XVI, Mataketake Survey District, and Block XIII, Clarke Survey District, containing 8.2608 hectares, more or less (SO Plans 5300 and 5301); part of Rural Section 4827, situated in Block XIII, Clarke Survey District, containing 6 581 square metres, more or less (SO Plan 5301); part of Rural Section 4827, situated in Block XIII, Clarke Survey District, containing 1 049 square metres, more or less (SO Plan 5301); part of Rural Section 4819, situated in Block XIII, Clarke Survey District, containing 1.5580 hectares, more or less (SO Plan 5301); part of Rural Section 4828, situated in Block XIII, Clarke Survey District, containing 12.9954 hectares, more or less (SO Plans 5301 and 5302); part of Rural Section 4828, situated in Block XIII, Clarke Survey District, containing 3 793 square metres, more or less (SO Plan 5302); part of Rural Section 4829, situated in Block XIV, Clarke Survey District and Block II, Haast Pass Survey District, containing 1.0597 hectares, more or less (SO Plan 5302); part of Rural Section 4829, situated in Block II, Haast Pass Survey District, containing 177 square metres, more or less (SO Plan 5302); part of Rural Section 4828, situated in Block I, Haast Pass Survey District, containing 3 212 square metres, more or less (SO Plan 5302); part of Rural Section 4828, situated in Block I, Haast Pass Survey District, containing 505 square metres, more or less (as marked A on SO Plan 5302); part of Rural Section 4828, situated in Block I, Haast Pass Survey District, containing 505 square metres, more or less (as marked B on SO Plan 5302); part of Rural Section 4828, situated in Block I, Haast Pass Survey District, containing 1 340 square metres, more or less (SO Plan 5302) ; part of Rural Section 4828, situated in Block I, Haast Pass Survey District, containing 1 466 square metres, more or less (SO Plan 5302); parts of Rural Section 4819, situated in Block XIII, Mataketake Survey District, containing 2.3614 hectares, more or less (as marked A, C, E, and F on SO Plan 9145); part of Rural Section 4819, situated in Block XIV, Mataketake Survey District, containing 343 square metres, more or less (as marked B on SO Plan 9146); part of Rural Section 4823 situated in Block XIV, Mataketake Survey District, containing 6 575 square metres, more or less (as marked C on SO Plan 9146); part of Rural Section 4823 situated in Block XV, Mataketake Survey District, containing 6 112 square metres, more or less (as marked D on SO Plan 9146); part of Rural Section 4825, situated in Block XVI, Mataketake Survey District, containing 5 876 square metres, more or less (as marked E on SO Plan 9146); part of Rural Section 4828, situated in Block XIII, Clarke Survey District, containing 1.6530 hectares, more or less (as marked F on SO Plan 9146).
6: Vesting land in Ohinewai in the Crown as public domain
Whereas by memorandum of transfer number H. 039421.2 (South Auckland Registry) the Ohinewai Hall Institute (Incorporated) purported to transfer the land described in subsection (2) to the Ohinewai Domain Board for an estate in fee simple to the intent that the land should form part of the Ohinewai Domain under the control of the said Board: And whereas the Reserves and Domains Act 1953 does not empower a Domain Board to take title to land but provides, in section 43, that all lands forming part of a domain (other than lands acquired by way of lease for the purposes of a domain) are the property of the Crown: And whereas, in order to perfect the intention evidenced by the said memorandum of transfer, it is desired to vest the said land in the Crown and to declare it to be a public domain and to be under the control of the Ohinewai Domain Board: Be it therefore enacted as follows:
1: The said land is hereby vested in the Crown as a public domain subject to Part 3 of the Reserves and Domains Act 1953, to form part of the Ohinewai Domain and to be administered and controlled as a public domain by the Ohinewai Domain Board.
2: This section relates to all that parcel of land situated in the South Auckland Land District, containing 1 011 square metres, more or less, being part of Lot 2 on Deposited Plan No 8993 being part of Allotment 43, Taupiri Parish situated in Block VII, Rangiriri Survey District and being the whole of the land in certificate of title, Volume 412, folio 218 (South Auckland Registry).
7: Land vested in corporation of Waikohu County for library purposes declared to be held for housing purposes
Whereas by section 5
1: Notwithstanding section 5 section 5
2: The Waikohu County Council shall not commence to construct a road on the said land or otherwise undertake any work to change the character thereof until it has paid into, or credited to, its library account a sum equal to the value of the said land, such value to be approved by the Minister of Lands, after taking such advice as he thinks fit, and to be the market value of the said land as at 1 April 1977.
3: The District Land Registrar for the Gisborne Land District in making such entries in the register book and doing such other things as may be necessary to give effect to this section shall not be concerned to see that the requirements of subsection (2) are complied with.
4: This section relates to all that parcel of land situated in the Gisborne Land District, containing 505 square metres, more or less, being Lot 10 on Deposited Plan No 1418 being part of Karaka 20 Block, situated in Block IV, Waikohu Survey District and being the whole of the land in certificate of title, Volume 3B, folio 522 (Gisborne Registry).
8: Altering the membership of the committee of the Canterbury Provincial Buildings Board and making supplementary provisions
Section 8 repealed 14 July 1988 Canterbury Provincial Buildings Vesting Amendment Act 1988
9: Removing the closed cemetery status from the balance of the Whananaki Cemetery that has not been used for cemetery purposes and declaring a portion of the adjoining recreation reserve to be a closed cemetery
Whereas by notice under section 235 of the Land Act 1892 Gazette Burial and Cremation Act 1964 Gazette Gazette
1: Notwithstanding anything in the Burial and Cremation Act 1964
2: Notwithstanding anything in the Reserves and Domains Act 1953 or in the Burial and Cremation Act 1964
a: the cemetery portion shall be deemed to have been duly dedicated as a cemetery on 4 March 1895:
b: the Minister of Health shall be deemed to have duly directed, pursuant to the Burial and Cremation Act 1964
c: the control and management of the closed cemetery portion shall be deemed to have vested in the Whangarei County Council on that date.
3: This section relates to the following land: First, all that parcel of land in the North Auckland Land District, containing 4.0468 hectares, more or less, being Section 25, situated in Block IX, Opuawhanga Survey District (SO Plan 7091): Secondly, all that parcel of land in the North Auckland Land District, containing 956 square metres, more or less, being part Section 25, situated in Block IX, Opuawhanga Survey District (SO Plan 48112): Thirdly, all that parcel of land in the North Auckland Land District, containing 3.9244 hectares, more or less, being Section 71 (formerly part Section 25), situated in Block IX, Opuawhanga Survey District (SO Plan 48112): Fourthly, all that parcel of land in the North Auckland Land District, containing 96 square metres, more or less, being Section 70 (formerly part Section 26), situated in Block IX, Opuawhanga Survey District (SO Plan 48112).
10: Repealing section 8(3) Reserves and Other Lands Disposal Act 1965
(1), (2): Amendment(s) incorporated in the Act(s)
3: The repeal effected by subsection (1) shall have effect for the purposes of all leases, licences, and tenancies subsisting at the time of repeal as well as those which arise or are entered into thereafter.
11: 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 Land Act 1948 section 19(1)
1: The setting apart of all of the land described in subsection (2) as State forest 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 8.0937 hectares, more or less, being Lot 1 on Deposited Plan No 55090, being part Taupaki Block, situated in Block V, Waitemata Survey District, being all of the land in certificate of title, Volume 7C, folio 120 (North Auckland Registry), together with and subject to a drainage easement created by Transfer A 89962: Secondly, all that parcel of land situated in the North Auckland Land District containing 8.0949 hectares, more or less, being Lots 1 and 2 on Deposited Plan No 50343, being part Taupaki Block, situated in Block V, Waitemata Survey District, being part of the land in certificate of title, Volume 519, folio 136 (North Auckland Registry), together with drainage easements created by Transfer A 89962: Thirdly, all that parcel of land situated in the North Auckland Land District containing 1 727 square metres, more or less, being Lot 1 on Deposited Plan No 38790, being part Allotment 319, Pukeatua Parish, situated in Block XIII, Waiwera Survey District: Fourthly, all that parcel of land situated in the South Auckland Land District containing 41.3220 hectares, more or less, being Section 30 (formerly Part Hoe-O-Tainui North 6B2J No 2 Block), situated in Block VIII, Hapuakohe Survey District (SO Plan 48720): Fifthly, all that parcel of land situated in the South Auckland Land District containing 78.7970 hectares, more or less, being Section 31 (formerly Part Hoe-O-Tainui North 5B No 2 and 6B2J No 2 Blocks), situated in Block VIII, Hapuakohe Survey District (SO Plan 48720): Sixthly, all that parcel of land situated in the South Auckland Land District containing 4.9093 hectares, more or less, being part Section 15, Block XI, Wharepapa Survey District (SO Plan 46768): Seventhly, all that parcel of land situated in the South Auckland Land District containing 1.3483 hectares, more or less, being part Section 15, Block XI, Wharepapa Survey District (SO Plan 46768): Eighthly, all that parcel of land situated in the South Auckland Land District containing 7 757 square metres, more or less, being part Section 4, Block I, Tarawera Survey District (SO Plan 47243): Ninthly, all that parcel of land situated in the Hawke's Bay Land District containing 23.3550 hectares, more or less, being Section 1, Block XIV, Ngaruroro Survey District (SO Plan 6935): Tenthly, all that parcel of land situated in the Hawke's Bay Land District containing 21.8850 hectares, more or less, being Section 3, Block II, Wakarara Survey District (SO Plan 6936): Eleventhly, all that parcel of land situated in the Hawke's Bay Land District containing 39.9259 hectares, more or less, being Section 4, Block II, Wakarara Survey District (SO Plan 6954): Twelfthly, all that parcel of land situated in the Hawke's Bay Land District containing 41.7736 hectares, more or less, being Section 1, Block XII, Kuripapango Survey District (SO Plan 6950): Thirteenthly, all that parcel of land situated in the Hawke's Bay Land District containing 2 494 square metres, more or less, being Section 3, Block XII, Kuripapango Survey District (SO Plan 6951): Fourteenthly, all that parcel of land situated in the Hawke's Bay Land District containing 6.4495 hectares, more or less, being Section 5, Block XII, Kuripapango Survey District (SO Plan 6952): Fifteenthly, all that parcel of land situated in the Hawke's Bay Land District containing 7 469 square metres, more or less, being Section 1, Block II, Ngaruroro Survey District (SO Plan 6952): Sixteenthly, all that parcel of land situated in the Wellington Land District containing 3.1056 hectares, more or less, being Section 1, Block VIII, Tongariro Survey District (SO Plan 30461): Seventeenthly, all that parcel of land situated in the Wellington Land District containing 396.9151 hectares, more or less, being Sections 32, 33, and 34, Block XI, Manganui Survey District (SO Plan 28717): Eighteenthly, all that parcel of land situated in the Wellington Land District containing 120.4091 hectares, more or less, being Section 26, Block XII, Manganui Survey District (SO Plan 28718): Nineteenthly, all that parcel of land situated in the Marlborough Land District containing 170.3170 hectares, more or less, being part Section 1, Block XVIII, Taylor Pass Survey District (SO Plan 5376): Twentiethly, all that parcel of land situated in the Nelson Land District containing 9.2600 hectares, more or less, being State forest situated in Block VI, Reefton Survey District (as marked A on SO Plan 12042): Twenty-firstly, all that parcel of land situated in the Nelson Land District containing 3.5545 hectares, more or less, being State forest situated in Block X, Reefton Survey District (as marked B on SO Plan 12042): Twenty-secondly, all that parcel of land situated in the Nelson Land District containing 1.2240 hectares, more or less, being part Section 25 (now known as Section 29), Block VII, Wangapeka Survey District (SO Plan 11989): Twenty-thirdly, all that parcel of land situated in the Nelson Land District containing 11.7094 hectares, more or less, being part Lot 5 on Deposited Plan No 2637 being parts Sections 71 and 72, District of Upper Motueka, and part Section 72A, Block IX, Wai-iti Survey District (as marked A on SO Plan 12127): Twenty-fourthly, all that parcel of land situated in the Nelson Land District containing 453 square metres, more or less, being part Lot 3 on Deposited Plan No 2637 being part Section 72, District of Upper Motueka, and part Section 72A, Block IX, Wai-iti Survey District (as marked B on SO Plan 12127): Twenty-fifthly, all that parcel of land situated in the Nelson Land District containing 30.5114 hectares, more or less, being Lot 4 and part Lot 3 on Deposited Plan No 2637 being parts Sections 71 and 72, District of Upper Motueka, and part Section 72A, Block IX, Wai-iti Survey District (as marked C on SO Plan 12127): Twenty-sixthly, all that parcel of land situated in the Westland Land District containing 144 square metres, more or less, being part Reserve 1677, situated in Block VI, Otira Survey District (SO Plan 5840): Twenty-seventhly, all that parcel of land situated in the Westland Land District containing 55.4419 hectares, more or less, being part Reserve 1620, situated in Block XI, Waimea Survey District, as more particularly shown on the plan numbered as 125/26 and deposited in the Head Office of the New Zealand Forest Service at Wellington: Twenty-eighthly, all that parcel of land situated in the Westland Land District containing 40.4685 hectares, more or less, being Reserve 1744, situated in Blocks XI and XII, Waimea Survey District, as more particularly shown on the plan numbered as 125/17 and deposited in the Head Office of the New Zealand Forest Service at Wellington: Twenty-ninthly, all that parcel of land situated in the Westland Land District containing 4 474 square metres, more or less, being Reserve 1878, situated in Block III, Ahaura Survey District (SO Plan 4428): Thirtiethly, all that parcel of land in the Westland Land District containing 1146.3964 hectares, more or less, being Rural Sections 5524 to 5531 inclusive (formerly parts Reserves 1606 and 1694), situated in Blocks III and IV, Ahaura, and Blocks I and V, Pohaturoa Survey Districts (SO Plan 9679): Thirty-firstly, all that parcel of land situated in the Otago Land District containing an area of 4 800 square metres, more or less, being part Section 18, Block IV, Clarendon Survey District (SO Plan 18516).
12: District Land Registrars to make entries in registers
District Land Registrars are hereby authorised and directed to make such entries in their respective registers, and to do all such other things, as may be necessary to give full effect to the provisions of this Act. |
DLM439111 | 1976 | Equal Pay Amendment Act 1976 | 1: Short Title
This Act may be cited as the Equal Pay Amendment Act 1976, and shall be read together with and deemed part of the Equal Pay Act 1972
2:
3:
4: Remuneration of female employees to be increased when rate for male employees increased
1: This subsection added section 6(9)
2: Notwithstanding anything in subsection (1) section 18 section 6(9) subsection (1) section 6(9)
5: Section 5 repealed 15 May 1991 Equal Pay Amendment Act 1991
6:
7: |
DLM437937 | 1976 | Real Estate Agents Act 1976 | 1: Short Title and commencement
1: This Act may be cited as the Real Estate Agents Act 1976.
2: This Act shall come into force on the 1st day of April 1977.
2: Interpretation
1: In this Act, unless the context otherwise requires,— Board section 4 Branch manager section 54(2) Branch manager: this definition was inserted 1 December 1989 Real Estate Agents Amendment Act 1989 Certificate of approval Council Court High Court Court: the Administrative Division of the High Court was abolished, as from 15 August 1991 3 Judicature Amendment Act 1991 The words High Court Supreme Court 12 Judicature Amendment Act 1979 Crime involving dishonesty sections 101 to 105 sections 108 to 117 sections 217 to 266 Crimes Act 1961 Crime involving dishonesty: this definition was amended, as from 1 October 2003 34 Crimes Amendment Act 2003 by substituting the words sections 217 to 266 sections 217 to 292 Disciplinary Committee section 70 the Disciplinary Committee Disciplinary Committee: this definition was substituted 10 December 1982 Real Estate Agents Amendment Act 1982 Effective control Farm land Fidelity Guarantee Fund Fund section 71 Institute Land Licence licensee licensed Minister Officer Permit Prescribed Prescribed form Qualified person Qualified person: this definition was repealed 1 December 1989 Real Estate Agents Amendment Act 1989 Register section 36 Registrar section 35 Salesperson
a: Includes an officer of a licensee company who is not eligible to apply for or obtain a licence in his or her own right; but
b: Does not include a licensee, or an employee of a licensee whose work is primarily and predominantly clerical: Salesman: this definition was substituted 23 March 1992 3(1) Real Estate Agents Amendment Act 1992 Stock and station agent Unqualified person Unqualified person: this definition was repealed 1 December 1989 Real Estate Agents Amendment Act 1989 Year
2: In this Act, unless the context otherwise requires, every reference to a real estate agent which by its context relates to an individual shall, with the necessary modifications, apply with respect to a company carrying on business as a real estate agent. 1963 No 135 s 2 1968 No 25 s 2
3: Meaning of
real estate agent
1: For the purposes of this Act, every person shall be deemed to be a real estate agent who acts, or who holds himself or herself
2: Notwithstanding subsection (1)
a:
b: He or she
c: He or she or her section 34
d: Being the Landcorp Farming Limited State-Owned Enterprises Act 1986
e: On or before the 31st day of March 1989, being Government Property Services Limited or any subsidiary thereof or in either case an employee thereof, he, she or it acts for reward as agent for the Crown or any State enterprise within the meaning of the State-Owned Enterprises Act 1986
f: On or before the 31st day of March 1990, being Works and Development Services Corporation (NZ) Limited or any subsidiary thereof or in either case an employee thereof, he, she, or it acts for reward as agent for the Crown or a State enterprise within the meaning of the State-Owned Enterprises Act 1986
i: The sale or other disposal of land or of businesses (either with or without any interest in land); or
ii: The purchase or other acquisition of land or of businesses (either with or without any interest in land); or
iii: The leasing or letting of land; or
iv: The collection or receipt of rent money.
3: Where 2 or more persons carry on business jointly as real estate agents, each of those persons shall be deemed to be a real estate agent.
4: For the purposes of this section, the collection or receipt of rent money by—
a: A real estate agent or any person employed by that real estate agent; or
b: A director, officer, or employee of a company that is a real estate agent; or
c: A company in which a real estate agent holds, directly or indirectly, a majority of the shares or control of the voting power— shall be deemed to be the carrying on of business as a real estate agent.
5: Subsection (4) on the person's
6: Notwithstanding anything to the contrary in this Act, any salaried employee of a stock and station agent licensee who is primarily and predominantly employed in stock and station agency work and who also, in the course of that employment, engages in work relating to the business of a real estate agent but only to the extent of effecting introductions to persons interested in selling or purchasing or otherwise disposing of or acquiring or leasing or letting farm land, shall—
a: Be deemed not to be a real estate agent or salesman; and
b: Be deemed not to be carrying on the business of a real estate agent.
7: Despite anything to the contrary in this Act, any person who is—
a: a lawyer within the meaning of the Lawyers and Conveyancers Act 2006
b: a conveyancing practitioner within the meaning of the Lawyers and Conveyancers Act 2006 may undertake the work of a real estate agent but, in respect of the sale or other disposal of any land or business, is not entitled to be remunerated for that work by commission in addition to, or instead of, the professional charges of that lawyer or conveyancing practitioner.
8: When any person to whom subsection (7) applies is undertaking the work of a real estate agent, that person—
a: is deemed not to be doing so as a real estate agent; and
b: is not subject to any of the provisions of this Act; but
c: is deemed to be acting in his or her capacity—
i: as a lawyer within the meaning of the Lawyers and Conveyancers Act 2006
ii: as a person acting under the supervision of a lawyer within the meaning of the Lawyers and Conveyancers Act 2006
iii: as a conveyancing practitioner within the meaning of the Lawyers and Conveyancers Act 2006
iv: as a person acting under the supervision of a conveyancing practitioner within the meaning of the Lawyers and Conveyancers Act 2006
d: is subject accordingly to the provisions of the Lawyers and Conveyancers Act 2006 1963 No 135 s 3 1968 No 25 s 3 Section 3(2)(a) repealed 1 August 2008 section 340(1) Lawyers and Conveyancers Act 2006 Subsection (2)(d) inserted 1 April 1987 32(1) State-Owned Enterprises Act 1986 Subsection (2)(d) amended 12 April 2001 4 State-Owned Enterprises (Landcorp Farming Limited) Order 2001 by substituting the words Landcorp Farming Limited Land Corporation Limited Subsection (2)(e) inserted 1 April 1987 State-Owned Enterprises Amendment Act 1987 See section 14(1) Finance Act (No 2) 1988 Subsection (2)(f) inserted 1 April 1988 State-Owned Enterprises Amendment Act 1988 Subsection (5) amended 23 March 1992 3(6) Real Estate Agents Amendment Act 1992 by substituting the words on the person's or company on his or its See section 3(2) (5) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or herself himself 3(1) insertion of or she He he 3(2) insertion of or her his 3(2)(a) insertion of or her him 3(2)(c) Section 3(7) added 1 August 2008 section 340(2) Lawyers and Conveyancers Act 2006 Section 3(8) added 1 August 2008 section 340(2) Lawyers and Conveyancers Act 2006
1: Real Estate Agents Licensing Board
4: Real Estate Agents Licensing Board constituted
1: There is hereby constituted the Real Estate Agents Licensing Board.
2: The Board shall consist of—
a: A barrister or solicitor of the High Court Chairperson
b: Two persons appointed by the Minister on the recommendation of the Council:
c: Two persons appointed by the Minister, of whom only one shall be a real estate agent who is licensed or eligible to hold a licence.
3: Subject to this section, each member of the Board shall hold office for a term of 3 years, and may from time to time be reappointed.
4: No member of the Board shall, during his or her
5: Any member of the Board may resign his or her
6: Any member of the Board may be removed from office at any time by the Minister for inability to perform the functions of the office
7: If any member of the Board dies, resigns, or is removed from office, the vacancy shall be filled in the same manner as the appointment of the vacating member. Every person so appointed shall hold office for the residue of the term for which his or her
8: Notwithstanding subsection (3) or she or her or her
9: The powers of the Board shall not be affected by any vacancy in its membership. See section 3(3) (4) (7) Real Estate Agents Amendment Act 1992 23 March 1992 substitution of Chairperson Chairman 4(2)(a) insertion of or her His his 4(4), (5), (7) and (8) insertion of or she He he 4(8) The words High Court substituted 1 April 1980 Supreme Court 12 Judicature Amendment Act 1979 Subsection (6) amended 1 January 2002 70(1) Human Rights Amendment Act 2001 by substituting the words inability to perform the functions of the office disability
5: Deputies of members
1: The Minister may, from time to time and at any time, appoint such persons as he or she thinks fit to be deputies to act for members of the Board in any case where—
a: A member of the Board is incapacitated by illness, absence, or other sufficient cause from performing the duties of his or her
b: The member is unable to perform those duties for any other reason and the Board resolves that a deputy shall act for him or her
1A: The Minister shall not appoint any person as a deputy who would not be qualified in his or her or she
1B: Notwithstanding that the member of the Board for whom he or she is deputising is again available to perform the duties of office, the deputy of that member shall continue to act as such until the determination of any matter which the deputy has heard or part heard and which has not been determined.
2: Any deputy appointed under this section shall, while he or she Chairperson Chairperson
3: No appointment of a deputy and no acts done by him or her or her or her Subsection (1) substituted (1A) (1B) inserted 10 December 1982 Real Estate Agents Amendment Act 1982 See section 3(3) (5) (7) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she He he 5(1A) and (2) insertion of or her His his 5(1), (1A) and (3) insertion of or her him 5(3) substitution of Chairperson Chairman 5(2)
6: Meetings of Board
1: Meetings of the Board shall be held at such times and places as the Chairperson
2: The Chairperson or she or her or her
3: Subject to subsection (4)
a: Three members shall form a quorum:
b: Each application before a meeting shall be determined by a majority of the members present:
c: The Chairperson
4: The presence of every appointed member of the Board or his or her Part 7 section 97 section 98
5: Subject to this Act and to any regulations made under it, the Board may regulate its procedure in such manner as it thinks fit. See section 3(3) (4) (7) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she He he 6(2) insertion of or her His his 6(2), (4) substitution of Chairperson Chairman 6(1), (2), (3)(c)
7: Meetings to be held in public except in certain circumstances
1: Except as provided by subsections (2) to (4)
2: The Board 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: Where the Board is satisfied that it is desirable to do so either by reason of the confidential nature of any evidence or matter, 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 Board may, of its own motion or on the application of any party to the proceedings, order that the whole or any part of the hearing shall be in private.
4: Every application to the Board under subsection (3)
5: In any case where a hearing of the Board is held in private, the Board may allow any particular person to attend the private hearing if it is satisfied that that person has a special and proper interest in the matter to be heard.
8: Remuneration and expenses of members of Board
1: The Board shall pay to its members out of funds provided by the Institute, such remuneration by way of fees, salary, or allowances, and travelling expenses and allowances, as the Board, with the approval of the Minister, may from time to time determine.
2: Except as provided in this section, no member of the Board shall be entitled to receive as a member any remuneration or other payment out of the funds of the Institute.
9: Functions and powers of Board
1: The principal functions of the Board shall be those conferred on it—
a: By Part 2
b: By Part 3 salespersons
ba: By sections 54B to 54D
c: By Part 7
d: By section 118
2: The Board shall also have such other functions as are conferred on it by this or any other Act.
3: The Board shall have all the powers necessary to carry out its functions. Subsection (1)(b) amended 23 March 1992 3(8) Real Estate Agents Amendment Act 1992 by substituting the word salespersons salesmen Subsection (1)(ba) inserted 1 December 1989 Real Estate Agents Amendment Act 1989
9A: Chairperson may exercise Board's jurisdiction in respect of certain matters
1: Notwithstanding anything in any of the foregoing provisions of this Part of this Act, the Chairperson of the Board may, on behalf of the Board,—
a: Exercise the Board's jurisdiction in respect of any application, pursuant to section 34
b: Make an order relating to the interim suspension of a licensee, officer of a company, or salesperson pursuant to section 98
2: Every decision of the Chairperson in relation to any matter under this section shall, for all purposes, be the decision of the Board. Section 9A inserted 10 December 1982 Real Estate Agents Amendment Act 1982 Section 9A amended 1 December 1989 Real Estate Agents Amendment Act 1989 by substituting the words salesman, or branch manager or salesman Section 9A substituted 9B inserted 1 July 1994 Real Estate Agents Amendment Act 1994 See section 3(4) (7) (9) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her his 9A(1)(a) substitution of Chairperson Chairman 9A(1), (2) and (3) substitution of salesperson salesman 9A(2)
9B: Registrar may be authorised to exercise Board's jurisdiction in respect of certain matters
1: Notwithstanding anything in any of the foregoing provisions of this Part of this Act, the Board may from time to time authorise the Registrar to exercise, on behalf of the Board, the Board's jurisdiction in respect of any of the following applications except where the Institute, or any other person entitled under this Act to do so, has objected to the application within the time allowed:
a: An application, pursuant to section 25
b: An application, pursuant to section 27
c: An application, pursuant to section 29
d: An application, pursuant to section 45
e: An application, pursuant to section 48
f: An application, pursuant to section 54B
g: An application, pursuant to section 48 section 54D(8)
2: Every decision of the Registrar in relation to any matter under this section shall, for all purposes, be the decision of the Board.
3: The Board may at any time revoke in whole or in part any authorisation granted to the Registrar pursuant to subsection (1) Section 9A substituted 9B inserted 1 July 1994 Real Estate Agents Amendment Act 1994
10: Receipt of money by Board
1: All fees and other money received by the Board pursuant to this Act shall, subject to subsection (2)
2: The Institute may enter into an agreement with the Board that the amounts or kinds of deductions specified in the agreement may be made by the Board from money otherwise held on behalf of the Institute.
11: Secretary of Board
The Registrar of Real Estate Agents appointed pursuant to section 35
12: Seal
1: The Board shall have a seal, which shall be judicially noticed in all Courts and for all purposes.
2: The seal shall be in the custody of the Registrar, and shall be applied to every licence and certificate of approval granted by the Board, and to such other documents of the Board as the Chairperson See section 3(7) Real Estate Agents Amendment Act 1992 23 March 1992 substitution of Chairperson Chairman 12(2)
13: Representation of parties
1: Subject to any provision to the contrary in this Act, every person making an application to the Board shall be entitled to appear and be heard by the Board in respect of the application.
2: Where any person is entitled under this Act to appear and be heard in relation to proceedings before the Board, that person may appear in person or by his or her See section 3(4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her his 13(2)
14: Evidence before Board
1: The Board 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 of law.
2: The Board may, if it thinks fit in respect of any application before it, examine, on oath or otherwise, the applicant or any other party to the application, or require any person to verify by statutory declaration any statement made by him or her
3: The Chairperson or her See section 3(4) (5) (7) (10) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her His his 14(3) insertion of or her him 14(2) substitution of Chairperson Chairman 14(3)
15: Reasons for adverse decision of Board may be obtained
Where any application under this Act is made to the Board and is refused by the Board, the applicant, and, in respect of any application made on behalf of a salesperson or branch manager salesperson or branch manager Section 15 amended 1 December 1989 Real Estate Agents Amendment Act 1989 by inserting the words or branch manager See section 3(9) Real Estate Agents Amendment Act 1992 23 March 1992 substitution of salesperson salesman
2: Licensing of real estate agents
16: Real estate agents to be licensed
1: Subject to section 34 or she
2: Every person, not being the holder of a licence, commits an offence and is liable to a fine not exceeding $2,000 who describes himself or herself or herself or her or her
3: All money forfeited to Her Majesty under subsection (2)
4: In any proceedings in respect of an offence under this section a certificate, signed by the Registrar, to the effect that the defendant or any other named person was not at the time of the alleged offence the holder of a licence shall, in the absence of proof to the contrary, be sufficient evidence of that fact. 1963 No 135 ss 4(1), 22 Subsection (2) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the expression $2,000 $1,000 See section 3(2) 3(3) 3(5) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or herself himself 16(2) insertion of or she He he 16(1) insertion of or her him 16(2)
17: Eligibility for licences
1: Subject to this Part of this Act, every person who—
a: Has attained the age of 20 years and has passed the examinations for the time being prescribed by the Institute and has been approved by the Board for the purposes of this section; or
b: Is a company; or
bb: Is a building society; or
c: Was, at any time within 5 years before the commencement of this Act,—
i: The holder of a real estate agent's licence issued under the Real Estate Agents Act 1963
ii: A director or officer of a licensee company, in either case approved under section 21(2) of the Real Estate Agents Act 1963
ca: Has surrendered a licence pursuant to section 31
d: Is, and has been, an associate member of the Institute since before the 1st day of January 1966 and who has, at least since that date, been continuously engaged or employed as an approved salesperson shall be eligible to hold a licence under this Act.
2: Notwithstanding subsection (1)
a: He or she or her or she or her
b: He or she High Court
c: He or she
d: He or she working full-time or primarily and predominantly Real Estate Agents Act 1963
3: No company shall apply for or obtain a licence under this Act if such of the officers of the company (if it is granted a licence) as the Board may designate upon application made to it in that behalf are not eligible under this section from applying for or obtaining a licence in their own right.
4: Every person who applies for or obtains a licence knowing that he or she 1963 No 135 ss 4(2), 12 Subsection (1)(bb) inserted 1 September 1987 41(3) Building Societies Amendment Act 1987 Subsection (1)(ca) inserted 10 December 1982 Real Estate Agents Amendment Act 1982 Subsection (2)(c) substituted 10 December 1982 Real Estate Agents Amendment Act 1982 Subsection (2)(d) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by inserting the words working full-time or primarily and predominantly The words High Court substituted 1 April 1980 Supreme Court 12 Judicature Amendment Act 1979 See section 3(3) (4) (9) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she He he 17(2) and (4) insertion of or her His his 17(2)(a) substitution of salesperson salesman 17(1)(d)
18: Application for licence
1: Every person who desires to obtain a licence under this Act shall make application to the Board in the prescribed form.
2: Every application—
a: Shall state the place or places of business of the applicant, including every branch office:
b: Shall, where the applicant has or proposes to have 2 or more places of business, specify which of those places of business is to be his or her principal place of business
c: Shall specify the person who is to be the branch manager 1963 No 135 s 5(1)-(3) 1968 No 25 s 4(1) Subsection (2)(b) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the words principal place of business registered office Subsection (2)(c) amended 9 December 1989 Real Estate Agents Amendment Act 1982 by substituting the words the branch manager in effective control See section 3(4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her His his 18(2)(b)
19: Notice of application to be given to Institute
1: The applicant shall serve on the Institute a copy of his or her
2: Within 1 month after the receipt by the Institute of a copy of an application under subsection (1)
a: To object to the issue of a licence to the applicant, in which case it shall state in the notice the grounds of its objection; or
b: To be heard in respect of the application, in which case it shall state in the notice the reasons why it desires to be heard.
3: The Institute shall send a copy of the notice to the applicant. 1963 No 135 s 5(4) 1968 No 25 s 4(2) See section 3(4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her His his 19(1)
20: Public notice to be given
1: In addition to complying with section 19
2: Any person (other than the Institute) may, within 1 month after the date of the first publication of the notice, give to the Board written notice of his or her
3: No objection may be made under subsection (2)
a: That by virtue of the provisions of section 17
b: Where the applicant is a person other than a company, that the applicant is not, by reason of his or her
c: 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 a licence:
d: Where the applicant is a company, that any person who will be an officer of the company if the application is granted is not, by reason of his or her
4: Every notice of objection filed under subsection (2)
5: The Registrar shall send a copy of each such notice to the applicant and to the Institute. 1963 No 135 s 8 1968 No 25 s 6(1) See section 3(4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her His his 20(2) and (3)(b) and (d) Hearing and disposal of applications
21: Board to hold a hearing except in certain cases
1: Subject to section 22(3) or her
2: The applicant and any person objecting to the issue of a licence to the applicant (including the Institute) shall be entitled to be present and to be heard.
3: Notwithstanding subsection (1) or she or her subsections (1) (2) See section 3(3) (4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she He he 21(3) insertion of or her His his 21(1)
22: Board not to hear or consider an application until satisfied of certain matters
1: The Board shall not hear or consider an application for a licence under this Act until it is satisfied that the applicant has—
a: Served on the Institute a copy of every document that is required to be served on it under section 19(1)
b: Published a notice of his or her section 20(1)
c: Paid to the Institute all fees payable in respect of the application under the rules of the Institute; and
d: Paid the contribution to the Fidelity Guarantee Fund as required under section 76
e: Given notice to the Institute of the appointment of an auditor of his or her
f: Where the applicant is not a company, passed the examinations for the time being prescribed by the Institute.
2: For the purpose of subsection (1) paragraphs (a) (c) (d) (e) (f)
3: Notwithstanding subsection (1) section 19(1) section 20(1) 1963 No 135 s 5(5) 1968 No 25 s 4(3) See section 3(3) (4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her His his 22(1)(b) and (e)
23: Board may grant licence
If, after hearing and considering any application for a licence and all objections (if any) to its issue, the Board is satisfied—
a: That the applicant is, under the provisions of section 17
b: That, having regard to the applicant's character and financial position, and to the interests of the public, and where appropriate, to the matters specified in section 24 the Board shall grant the licence, which shall be issued to the applicant in the prescribed form on payment of the prescribed fee. If the Board is not so satisfied, it shall not issue a licence to the applicant unless ordered to do so by the Court. 1963 No 135 s 9
24: Evidence required by Board
At any hearing or consideration of an application for a licence the Board shall require evidence of the following matters:
a: In any case where the applicant proposes to carry on business as a real estate agent in partnership with any other person, that each partner holds a licence granted under this Act or the Real Estate Agents Act 1963
b: In any case where the applicant is a company, the financial position of the company, and the eligibility of such of the officers of the company, as the Board thinks fit, to hold a licence under this Act:
c: In any case where the applicant has, since he or she Real Estate Agents Act 1963 or she
d: In any case where the applicant proposes to carry on business from any branch office, that the person, under whose control each such branch office will be, is entitled to hold a certificate of approval as a branch manager 1963 No 135 s 10(2), (3) See section 3(3) Real Estate Agents Amendment Act 1992 (c) 23 March 1992 or her Paragraph (d) amended 1 December 1989 Real Estate Agents Amendment Act 1989 by substituting the words entitled to hold a certificate of approval as a branch manager a qualified person
25: Licence to be held in licensee's own name unless Board otherwise approves
1: No licensee shall carry on business as a real estate agent under any name that is not—
a: His or her
b: Where the licensee is in partnership with any other person, the name of the firm or of one of the partners; or
c: unless the name has first been approved by the Board.
2: An applicant for a licence, or a licensee, may at any time apply in writing to the Board to approve a name for the purposes of subsection (1)
3: The applicant shall, forthwith after making application to the Board, send a copy of the application to the Institute.
4: The application shall not be heard or considered by the Board within 14 clear days after the date of the receipt of the copy of the application by the Institute.
5: The Institute shall be entitled to appear and be heard by the Board in respect of the application.
6: The Board shall not approve a name under subsection (2)
a: Whose licence has been surrendered under section 31
b: Whose application for a licence has at any time been refused, and who or which has not subsequently obtained such a licence; or
c: Who is not eligible to hold a licence under this Act; or
d: Who, having been the holder of a licence under the Real Estate Agents Act 1963 section 23 of the Real Estate Agents Act 1963
7: Notwithstanding any of the foregoing provisions of this section, no licensee shall carry on the business of a real estate agent under more than 1 name or description.
8: Every licensee who contravenes subsection (1) (7) $1,500 1963 No 135 s 11 1968 No 25 s 9 Subsection (1)(c) repealed 10 December 1982 Real Estate Agents Amendment Act 1982 Subsection (8) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the expression $1,500 $750 See section 3(4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her His his 25(1)(a)
26: Effect of licence
A licence shall authorise the licensee to carry on the business of a real estate agent in any part of New Zealand at any place of business that is from time to time endorsed on the licence. 1963 No 135 s 14(1)
27: Carrying on business at place not specified in licence
1: No licensee shall carry on business as such at any branch office or her or she
2: A licensee may at any time apply in the manner prescribed by the Board to the Board for approval for the purposes of subsection (1)
a: Give the address of the proposed branch office; and
b: Give the name of the person who is to be the branch manager.
3: The applicant shall, forthwith after making application to the Board, send a copy of the application to the Institute.
4: The application shall not be heard or considered by the Board within 14 clear days after the date of the receipt of the copy of the application by the Institute.
5: The Institute shall be entitled to appear and be heard by the Board in respect of the application.
5A: The Board shall not give an approval under this section unless it is satisfied that the person under whose control the branch office will be is entitled to hold a certificate of approval as a branch manager
5B: The Institute may at any time apply to the Board for an order cancelling the approval granted under this section in respect of the branch
6: If a real estate agent states in any application made under subsection (2) principal place of business section 54(2B)
7: Where the Board gives its approval to any application under this section, the licence of the applicant shall be endorsed accordingly upon payment of the prescribed fee (if any), and the Registrar shall note the Register.
8: Every person who knowingly acts in contravention of subsection (1) $2,000 1963 No 135 s 14 1968 No 25 s 13 Subsection (1) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the words branch office place of business Subsection (2) substituted 10 December 1982 Real Estate Agents Amendment Act 1982 Subsection (2)(b) substituted 1 December 1989 Real Estate Agents Amendment Act 1989 Subsections (5A) 5(B) inserted 10 December 1982 Real Estate Agents Amendment Act 1982 amended 1 December 1989 Real Estate Agents Amendment Act 1989 by substituting the words entitled to hold a certificate of approval as a branch manager a qualified person Subsection (6) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the words principal place of business registered office section 54(2B) section 52 Subsection (8) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the expression $2,000 $1,000 See section 3(3) (4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she He he 27(1) insertion of or her His his 27(1)
28: Duration of licence
A licence shall, unless it is sooner cancelled, or the licensee is sooner suspended, in accordance with the provisions of this Act, continue in force until the expiration of the year in respect of which it is issued, and may from time to time be renewed for the next succeeding year. 1963 No 135 s 15
29: Renewal of licence
1: An application for the renewal of a licence shall be made in the prescribed form to the Board not earlier than the 1st day of January and not later than the 15th day of February preceding the date of the expiry of the licence.
2: Forthwith upon making application to the Board, the applicant shall send a copy of his or her
3: The Institute may, before the 15th day of March preceding the date of expiry of the licence, give to the Board notice of its desire to object to the renewal of the licence, or to be heard in respect of the application, in the same manner as if the application were an application for the issue of a licence, and section 21
4: Any person other than the Institute may, before the 15th day of March preceding the date of the expiry of the licence, give to the Registrar notice of that person's desire to object to the renewal of the licence on any of the following grounds:
a: Any of the grounds specified in section 20(3)
b: That the applicant has not properly been in effective control of his or her or her or her branch manager section 54
c: That the applicant has permitted any person, other than a person lawfully carrying on the business of a real estate agent, to act as his or her or her
d: That the applicant has not shown that each branch office from which he or she branch manager section 54
da:
e: Having regard to the character or fitness of any salesperson or branch manager and subsections (4) (5)
5: In any case where no notice of objection is given under subsection (3) (4)
a: Grant the application without further inquiry; or
b: Call and hear the applicant on any matter affecting the application.
5A: After calling and hearing the applicant under subsection (5)(b)
a: May grant the application; or
b: Where it considers the Institute would have made an objection under this section if it had been aware of the matters known to the Board in respect of the application, shall refer the matters to the Institute.
5B: The Institute may, within 14 clear days after the date of the receipt of any matters referred to it under subsection (5A)(b) subsection (6)
6: Where a notice of objection is given within the time allowed, the application shall be heard and determined by the Board and sections 22 23 24
7: Where an objection is made on the ground set out in subsection (4)(d)
8: An application for the renewal of a licence, or any objection to the renewal of a licence, may be heard and determined under this section notwithstanding that the application or notice of objection is not filed by the date specified in this section, if the application or notice is filed before the date of the expiry of the licence.
9: Where an application for the renewal of a licence is granted, the licence shall be endorsed accordingly on payment of the prescribed fee.
10: Where an application for the renewal of a licence has been made but not determined before the date on which the licence would otherwise expire, the licence shall, notwithstanding section 28 1963 No 135 s 16 1968 No 25 s 14 Subsection (4)(b) amended 1 December 1989 Real Estate Agents Amendment Act 1989 by substituting the words branch manager qualified person Subsection (4)(d) amended 1 December 1989 Real Estate Agents Amendment Act 1989 by substituting the words branch manager qualified person Subsection (4)(da) inserted 10 December 1982 Real Estate Agents Amendment Act 1982 Subsection (4)(da) repealed 1 December 1989 Real Estate Agents Amendment Act 1989 Subsection (4)(e) amended 1 December 1989 Real Estate Agents Amendment Act 1989 by inserting the words or branch manager Subsection (5) substituted 10 December 1982 (5A) (5B) inserted 10 December 1982 Real Estate Agents Amendment Act 1982 See section 3(3) (4) (9) (10) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she He he 29(4)(d) insertion of or her His his 29(2), 29(4)(b) and (c) substitution of salesperson salesman 29(4)(e)
30: Special provisions in respect of partnerships and companies
1: No person shall, after the issue to him or her or her
2: Where a company is the licensee, no person who was not, at the date of the issue of the licence, an officer of the company shall act in such capacity in respect of that company without the prior approval of the Board upon an application made in that behalf; and the Board shall refuse to grant its approval unless it is satisfied that—
a: That person is eligible to apply for or obtain a licence; or
b: That person does not hold an office in respect of which the Board has required the holder under section 17(3)
c: If that person is not eligible to apply for or obtain a licence, the real estate agency business of the company is disproportionately small in relation to any other business of the company.
3: The applicant shall, forthwith after making application to the Board, send a copy of the application to the Institute.
4: The application shall not be heard or considered by the Board within 14 clear days after the date of the receipt of the copy of the application by the Institute.
5: The Institute shall be entitled to appear and be heard by the Board in respect of the application.
6: Any person who knowingly acts in contravention of subsection (1) (2) $2,000 1963 No 135 s 21 1968 No 25 s 17 Subsection (6) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the expression $2,000 $1,000 See section 3(4) (5) (10) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her him 30(1) insertion of or her his 30(1)
31: Voluntary surrender of licence
1: A licensee may at any time surrender his or her
2: The Registrar shall endorse on the notice and the Register the date on which he or she
3: Where a licensee forwards to the Registrar a notice under subsection (1)
4: The surrender of a licence under this section shall not affect the licensee's liability—
a: To pay any fees or other money payable or to be payable in accordance with this Act on or before the date on which the licence would, but for its surrender, expire:
b: To perform any obligation required to be performed by him or her
c: For any act done or default made before the date on which the licence ceased to have effect. 1963 No 135 s 24A 1968 No 25 s 18 SSee section 3(3) (5) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she he 31(2) insertion of or her his 31(1) insertion of or her him 31(4)(b)
32: Temporary licence
1: Any person who—
a: In the case of a licensee who is person subject to a property order under the Protection of Personal and Property Rights Act 1988 or her
b: In the case of a licensee in respect of whom a property order Protection of Personal and Property Rights Act 1988 or her
c: In the case of a licensee who is deceased, is his or her
d: In the case of a licensee who has been adjudicated bankrupt, is his or her
e: In the case of a licensee company that is in liquidation or receivership, is the liquidator or receiver of that company, as the case may be; or
f: In the case of a licensee who is sick, absent, or is otherwise temporarily prevented from carrying on business as a real estate agent, is his or her
g: In the case of a licensee building society that is being dissolved, is the liquidator or other person conducting its dissolution, or a trustee appointed under an instrument of dissolution of the building society,— may apply to the Board in the prescribed form for authority to carry on or appoint some other person to carry on the licensee's business as a real estate agent for such period as the Board determines.
2: While any person authorised under subsection (1) (7) or she
3: A copy of every application made under subsection (1)
4: In any case where the Board has, under subsection (1)
a: That it is not in the interests of the public for the business to be carried on; or
b: That the person carrying on the business has been convicted of an offence against this Act or against any regulations for the time being in force under this Act; or
c: That the person carrying on the business has failed to comply with the rules or code of ethics of the Institute.
5: A copy of every application made under subsection (4)
6: On the hearing of an application under subsection (4)
7: Where under subsection (1)
8: Notwithstanding subsection (7) subsection (1) 1963 No 135 s 20 1968 No 25 s 16 Subsection (1)(a) amended 23 December 1977 Real Estate Agents Amendment Act 1977 by inserting the words a licensee who is Subsection (1)(a) amended 1 October 1988 by substituting the words person subject to a property order under the Protection of Personal and Property Rights Act 1988 protected patient within the meaning of the Mental Health Act 1969 117(3) Protection of Personal and Property Rights Act 1988 The reference to a person subject to a property order under the Protection of Personal and Property Rights Act 1988 was substituted 1 October 1988 protected person under the Aged and Infirm Persons Protection Act 1912 117(3) Protection of Personal and Property Rights Act 1988 Subsection (1)(e) amended 23 December 1977 Real Estate Agents Amendment Act 1977 by substituting the words as the case may be; or as the case may be,— Subsection (1)(f) inserted 23 December 1977 Real Estate Agents Amendment Act 1977 Subsection (1)(g) inserted 1 September 1987 41(3) Building Societies Amendment Act 1987 Subsection (2) amended 23 December 1977 Real Estate Agents Amendment Act 1977 by substituting the words authorised under subsection (1) or subsection (7) of this section so authorised See section 3(4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her his 32(1)
33: Administration of trust account in certain cases
1: This section shall apply in any case where the Board is satisfied that any real estate agent—
a: Is, owing to physical or mental disability, unable properly to administer his or her
b: Has died; or
c: Has been adjudicated a bankrupt; or
d: Has had his or her
e: Has been suspended from carrying on the business of a real estate agent; or
f: Has ceased to carry on the business of real estate agent and has neglected to wind up his or her or her or her and that any money entrusted to that real estate agent is held by a banker in any trust account of the real estate agent.
2: Subject to subsection (4) section 88
3: A copy of every order made by the Board under this section shall be served on the banker, and on receipt of such copy the banker shall allow any 2 nominated members of the Institute to administer the trust account on behalf of the Institute.
4: No order shall be made under this section in any case where an order made under section 32 See section 3(4) (5) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her His his 33(1) insertion of or her him 33(1)(f)
34: Permits
1: Notwithstanding section 16 or her section 16
2: Forthwith after receiving an application under subsection (1)
3: The application shall not be considered by the Board within 14 clear days after the receipt of the copy of the application by the Institute.
4: The Institute shall be entitled to appear and be heard by the Board in respect of the application.
5: If, after the issue of a permit under this section, the Board is satisfied that the holder of the permit has not complied with all the conditions of the permit, the Board may, by notice in writing to the holder, revoke the permit.
6: Any permit issued by the Board under subsection (1)
7: A copy of every permit, revocation of a permit, or extension of a permit shall be given by the Board to the Institute. See section 3(5) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her him 34(1) Registrar of real estate agents
35: Registrar of Real Estate Agents
1: The Board shall, from time to time and after consultation with the Institute, appoint a Registrar of Real Estate Agents.
2: The Institute shall pay to the Registrar, out of the funds of the Institute, such salary, fees, and allowances as it from time to time thinks fit.
36: Register of Real Estate Agents
1: For the purpose of this Act the Registrar shall set up and maintain a Register of Real Estate Agents.
2: The Register shall be open to inspection by the public during ordinary office hours on payment of the prescribed fee (if any).
3: On payment to him or her See section 3(5) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her him 36(1)
37: Registrar to record the issue, renewal, suspension, and cancellation of licences and certificates of approval in Register
1: Wherever a licence or certificate of approval is issued, renewed, or cancelled under this Act, or a licensee or holder of a certificate of approval is suspended, the Registrar shall make an appropriate entry in the Register, showing—
a: In the case of the issue of a licence, the name and address of the licensee, the qualification by virtue of which he or she or her branch manager of such branch office
b: In the case of the issue of a certificate of approval, the name and address of the holder and his or her
c: In the case of the renewal of a licence or certificate of approval, the date on which the application was granted:
d: In the case of the cancellation of a licence or certificate of approval or the suspension of a licensee or holder of a certificate of approval, the date and the grounds on which the cancellation or suspension was made.
2: The Registrar shall also, in respect of any entry, record such other particulars as may be required by this Act or as may from time to time be prescribed.
3: As soon as practicable after making any entry in the Register, the Registrar shall give notice in writing to the Institute of the entry, together with all relevant particulars. 1968 No 25 s 7 Subsection (1)(a) amended 1 December 1989 Real Estate Agents Amendment Act 1989 by substituting the words branch manager of such branch office person in effective control of such branch office as approved by the Board pursuant to section 24(d) of this Act See section 3(3) (4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she he 37(1)(a) insertion of or her His his 37(1)(a) and (b)
38: Correction of Register
1: If any person has been issued with a licence or certificate of approval under this Act by reason of any false or fraudulent representation or statement, or if any person not entitled to be issued with a licence or certificate of approval under this Act has one so issued, the Board shall cancel that licence or, as the case may require, that certificate, and cause the name of the licensee or holder to be removed from the Register, and the fact of the cancellation and removal shall be notified by the Registrar in the Gazette
2: If any particulars appearing in the Register in respect of the qualifications of any licensed real estate agent are proved to the satisfaction of the Board to be, or are to the knowledge of the Board, false or erroneous in any respect, the Board shall direct the Registrar to remove those particulars from the Register, and the Registrar shall amend the Register accordingly.
3: Subsection (2)
39: Registrar to keep copies of permits
1: The Registrar shall keep and maintain a file containing a copy of every permit issued pursuant to section 34
2: The file shall be open to inspection by the public during ordinary office hours on payment of the prescribed fee (if any).
40: Penalty for wrongfully procuring issue of licence, certificate of approval, permit, or extension of time
Every person commits an offence and is liable to a fine not exceeding $2,000 or herself section 44 Section 40 amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the expression $2,000 $1,000 See section 3(2) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or herself himself
41: Lost licences, certificates, and permits
Where the Registrar is satisfied that any licence, certificate of approval, or permit has been lost he or she or her See section 3(3) (4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she He he insertion of or her him
3: Approved
salespersons
42: No person to employ, or act as, salesperson without certificate of approval
Every person commits an offence and is liable to a fine not exceeding $1,500
a: Being a licensed real estate agent, engages or employs as a salesperson or her section 46
b: Not being the holder of a certificate of approval then in force, acts as a salesperson
c: Acts as a salesperson salesperson 1963 No 135 s 13(7), (7A) 1968 No 25 s 10(4) Section 42 amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the expression $1,500 $750 See section 3(3) (9) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her his 42(a) substitution of salesperson salesman 42
43: Limit on employment of unqualified persons
Subsection (1) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by inserting the words who work primarily and predominantly at or from that place Subsections (2) to (5) repealed 10 December 1982 Real Estate Agents Amendment Act 1982 Subsection (6) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by omitting the words without the Board's approval Subsections 43 44 repealed 1 December 1989 Real Estate Agents Amendment Act 1989
44: Continued employment of unqualified person in certain cases
Subsections 43 44 repealed 1 December 1989 Real Estate Agents Amendment Act 1989
44A: Objection to recognition as qualified person
Section 44A inserted 10 December 1982 Real Estate Agents Amendment Act 1982 Section 44A repealed 1 December 1989 Real Estate Agents Amendment Act 1989
45: Application for approval of
salesperson
1: An application for the approval of a salesperson salesperson salespersons
2: The application shall be made in the prescribed form.
3: The applicant shall, as soon as practicable after making application to the Board, send a copy of the application to the Institute.
4: The application shall not be heard or considered by the Board within 14 clear days after the date of the receipt of the copy of the application by the Institute.
5: The Institute shall be entitled to appear before and be heard by the Board in respect of the application. 1963 No 135 s 13(1)-(3) See section 3(8) (9) Real Estate Agents Amendment Act 1992 23 March 1992 substitution of salespersons salesmen 45(1) substitution of salesperson salesman 45(1) The original subsection (2) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the words who work or will work primarily and predominantly at or from that place except where approved by the Board pursuant to section 43(2) of this Act Subsection (2) substituted 1 December 1989 Real Estate Agents Amendment Act 1989
46: Board may grant certificate of approval
1: If, after considering any application for a certificate of approval, the Board is satisfied that—
a: The Institute does not wish to appear before and be heard by the Board in respect of the application; and
b: Having regard to the character and general knowledge of the person in respect of whom the application is made, and to the interests of the public, the person is a fit and proper person to be employed as a salesperson
c: the Board shall, on payment of the prescribed fee, issue to the applicant a certificate of approval in the prescribed form.
2: If the Board is not so satisfied, it shall appoint a time and place for hearing the application, and shall give at least 14 days' notice of the hearing to the applicant and the Institute.
3: In any case to which subsection (2)
4: If, after hearing an application, the Board is satisfied of the matters specified in paragraph (b)
5: Where the Board is not satisfied of the matters specified in paragraph (b) 1963 No 135 s 13(4) Section 46 substituted 30 March 1987 Real Estate Agents Amendment Act 1987 Subsection (1)(b) amended 1 December 1989 Real Estate Agents Amendment Act 1989 by omitting the expression ; and Subsection (1)(c) repealed 1 December 1989 Real Estate Agents Amendment Act 1989 Subsections (4) (5) amended 1 December 1989 Real Estate Agents Amendment Act 1989 by omitting the words and paragraph (c) See section 3(9) Real Estate Agents Amendment Act 1992 23 March 1992 substitution of salesperson salesman 46(1)(b)
47: Duration of certificate of approval
Every certificate of approval shall, unless sooner cancelled under this Act, continue in force until the expiration of the year for which it is issued, whether or not the salesperson 1963 No 135 s 13(5) See section 3(9) Real Estate Agents Amendment Act 1992 23 March 1992 substitution of salesperson salesman
48: Renewal of certificate of approval
1: An application for the renewal of a certificate of approval shall be made to the Board in the prescribed form by the licensee by whom the salesperson
2: After making application to the Board, the applicant shall serve a copy of it on the Institute in the same manner as if it were an application for the issue of a certificate of approval.
3: The application shall not be determined subsection (2)
4: The Institute may, before the 15th day of March preceding the date of the expiry of the certificate of approval, give to the Board a notice of its desire to object to the renewal of the certificate, or to be heard in respect of the application.
5: Subject to subsection (8) subsection (4)
6: Where a notice is given to the Board within the time allowed, the application shall be
7:
8: An application for the renewal of a certificate of approval, or any objection thereto, may be
9: Where an application for the renewal of a certificate of approval is granted, the certificate of approval shall be endorsed accordingly on payment of the prescribed fee.
10: Where an application for the renewal of a certificate of approval has been made but not determined before the date on which the certificate would otherwise expire, the certificate shall continue in force until the application is determined. 1963 No 135 s 13(6) Subsection (3) amended 30 March 1987 Real Estate Agents Amendment Act 1987 by substituting the word determined heard Subsections (6) (8) amended 30 March 1987 Real Estate Agents Amendment Act 1987 by omitting the words heard and Subsection (7) repealed 30 March 1987 Real Estate Agents Amendment Act 1987 See section 3(9) Real Estate Agents Amendment Act 1992 23 March 1992 substitution of salesperson salesman 48(1)
49: Institute may require list of
salespersons
1: The Institute may at any time by notice in writing direct any licensee to supply it with a list containing the full name, residential address, and place of employment, of every salesperson or her
2: Every licensed real estate agent who fails within 14 days to comply with a direction given under subsection (1) salespersons 1963 No 135 s 13A 1968 No 25 s 11 See section 3(5) (8) (9) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her him substitution of salespersons salesmen substitution of salesperson salesman
50: Custody of certificates of approval
1: Every certificate of approval and every renewal thereof shall at all times be kept in the custody of the real estate agent who employs the salesperson
2: When a salesperson salesperson or her salesperson's
3: If any such salesperson or her after payment of the prescribed fee (if any) 1963 No 135 s 13B 1968 No 25 s 12 Subsection (2) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by inserting the words and shall at the same time advise the Registrar in writing whether or not the salesman was a qualified person for the purposes of section 43(1) of this Act amended 1 December 1989 Real Estate Agents Amendment Act 1989 Subsection (3) amended 22 October 1981 Real Estate Agents Amendment Act 1981 by inserting the words after payment of the prescribed fee (if any) See section 3(5) (8) (9) (10) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her him substitution of salespersons salesmen substitution of salesperson salesman substitution of salesperson's salesman's
51: Voluntary surrender of certificate of approval
1: A salesperson or her or her salesperson's
2: The Registrar shall endorse on the notice and the Register the date on which he or she
3: Where a licensee forwards to the Registrar a notice under subsection (1)
4: The surrender of a certificate of approval under this section shall not affect the salesperson's See section 3(3) (4) (9) (10) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she he 51(2) insertion of or her his 51(1) substitution of salesperson salesman 51(1) substitution of salesperson's salesman's 51(1) and (4)
51A: Employment status of certain salespersons
1: This section applies (or, as the case may be, shall be deemed to have applied) to a salesperson and a real estate agent at any time if—
a: Before that time and before the commencement of the Real Estate Agents Amendment Act 1992
b: Before that time and on or after the commencement of the Real Estate Agents Amendment Act 1992
2: At a time before the 19th day of July 1990 when this section is deemed to have applied to a salesperson and a real estate agent, the salesperson shall for all purposes (other than the purposes of the Income Tax Act 1976 Goods and Services Tax Act 1985
3: At a time after the 31st day of March 1991 and before the 22nd day of August 1991 when this section is deemed to have applied to a salesperson and a real estate agent, the salesperson shall for the purposes of the Income Tax Act 1976
4: At a time after the 21st day of August 1991 and before the 1st day of April 1992 when this section applies (or is deemed to have applied) to a salesperson and a real estate agent, the salesperson shall for all purposes (other than the purposes of the Goods and Services Tax Act 1985
5: At a time after the 31st day of March 1992 when this section applies to a salesperson and a real estate agent, the salesperson shall for all purposes be deemed to be engaged by the agent under a contract for services.
6: Notwithstanding subsections (2) to (5) This section was inserted 23 March 1992 2(1) Real Estate Agents Amendment Act 1992
4: Duties of real estate agents
52: Licensee to have registered office
Subsection (2) substituted 20 October 1978 Real Estate Agents Amendment Act 1978 Subsection (5) added 20 October 1978 Real Estate Agents Amendment Act 1978 This section and the preceding heading were repealed 10 December 1982 Real Estate Agents Amendment Act 1982
53: Licensee to display notice on place of business, etc
1: Every licensee shall exhibit and keep exhibited in a prominent place at each of his or her or her or she or she or her
2: The information referred to in subsection (1) or her or her
3: It shall be sufficient compliance with the provisions of this section requiring a licensee to exhibit at any place or to show on any document the fact that he or she or she MREINZ
4: Every licensee who fails to comply with subsection (1) (2) 1963 No 135 s 26 1968 No 25 s 20 See section 3(3) (4) (5) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she He he 53(1) and (3) insertion of or her His his 53(1) and (2) insertion of or her him 53(2) Supervision of business
54: Supervision of business
1: A licensee or, if the licensee is a company, an officer of the company who is eligible to hold a licence shall be in effective control of the principal place of business of a real estate agent.
2: Every branch office of a real estate agent (as specified in the agent's licence) shall be under the effective control of a person approved by the Board, in accordance with sections 54B to 54D
3: A licensee may at any time, by notice in writing given to the Registrar, change the address of his or her principal place of business to that of any of his or her branch offices, and shall forward a copy of any such notice to the Institute within 7 days after the notice is given to the Registrar.
4: For the purposes of this section, the Board may, on application made in writing in that behalf by either the licensee or the Institute, determine which place of business of that licensee is his or her principal place of business.
5: Every real estate agent commits an offence against this Act who, for any continuous period of more than 4 weeks, allows any person other than one specified in subsection (1) (2) The original subsection (1) amended 23 December 1977 Real Estate Agents Amendment Act 1977 by substituting the words eligible to hold a licence, a qualified person, Subsections (1) (2) substituted (2A) to (2C) inserted 10 December 1982 Real Estate Agents Amendment Act 1982 Section 54 substituted 1 December 1989 Real Estate Agents Amendment Act 1989
54A: Approvals for remote located
salespersons
1: In this section, the term remote located salesperson salesperson branch manager
2: A licensee may apply to the Board for approval to employ or engage remote located salespersons
a: Each salesperson
b: Each salesperson salesperson
3: The applicant shall, as soon as practicable after making application to the Board, send a copy of the application to the Institute.
4: The application shall not be heard or considered by the Board within 14 clear days after the date of the receipt of the copy of the application by the Institute.
5: The Institute shall be entitled to appear and be heard by the Board in respect of the application.
6: The Board, after being satisfied of the matters referred to in subsection (2)
7: The Institute may at any time apply to the Board for an order cancelling an approval granted under this section on either or both of the following grounds:
a: That the remote located salesperson subsection (2)(b)
b: That the licensee has breached or failed to comply with any condition imposed by the Board in granting its approval.
8: Any approval granted pursuant to this section shall cease to have effect—
a: Where an order is made by the Board pursuant to subsection (7)
b: Where the licensee who engages or employs the remote located salesperson salesperson
9: Where any other licensee establishes an approved place of business within the area in which a remote located salesperson salesperson subsections (3) to (4)
10: The Board may, if it thinks fit, order the cancellation of an approval pursuant to an application made under subsection (9) Section 54A inserted 10 December 1982 Real Estate Agents Amendment Act 1982 Subsection (1) amended 1 December 1989 Real Estate Agents Amendment Act 1989 by substituting the words branch manager qualified person Subsection (2)(b) substituted 1 December 1989 Real Estate Agents Amendment Act 1989 See section 3(9) Real Estate Agents Amendment Act 1992 23 March 1992 substitution of salesperson salesman 54A(1), (2), (7)(a), (8)(b) and (9)
54B: Application for approval of branch manager
1: An application for the approval of a branch manager may be made to the Board at any time by a licensee or an applicant for a licence on behalf of any person who intends to become a branch manager.
2: The applicant shall, as soon as practicable after making application to the Board, send a copy of the application to the Institute.
3: The application shall not be heard or considered by the Board until the expiration of 14 days after the date of the receipt of the copy of the application by the Institute.
4: The Institute shall be entitled to appear before and be heard by the Board in respect of the application. Sections 54B to 54E inserted 25 October 1989 Real Estate Agents Amendment Act 1989
54C: Criteria for approval as branch manager
On an application made under section 54B
a: That person is—
i: Eligible under this Act to hold a licence; and
ii: The holder of a certificate of approval to act as a salesperson section 46
b: That person—
i: Has attained the age of 20 years; and
ii: Is the holder of a certificate of approval to act as a salesperson section 46
iii: Has passed the examinations for the time being prescribed by the Institute for persons intending to become branch managers; and
iv: Has had, during the preceding 5 years, at least 3 years' practical experience working full-time or primarily and predominantly in real estate agency work; or
c: That person—
i: Has attained the age of 20 years; and
ii: Is the holder of a certificate of approval to act as a salesperson section 46
iii: Is recognised by the Board as having been, at any time within the period of 5 years immediately preceding the date of the commencement of section 3 of the Real Estate Agents Amendment Act 1989
iv: Has had, during the preceding 5 years, at least 3 years' practical experience working full-time or primarily and predominantly in real estate agency work; or
d: That person—
i: Holds the position of branch manager for a stock and station agent licensee; and
ii: In that position, supervises any salesperson
iii: Is an associate member of the Institute. Sections 54B to 54E inserted 25 October 1989 Real Estate Agents Amendment Act 1989 See section 3(9) Real Estate Agents Amendment Act 1992 23 March 1992 substitution of salesperson salesman
54D: Powers of Board in respect of application for approval of branch manager
1: If, after considering an application made under section 54B
a: That the Institute does not wish to appear before and be heard by the Board in respect of the application; and
b: That the proposed branch manager is, under the provisions of section 54C
c: That, having regard to the interests of the public, the proposed branch manager is a fit and proper person to be employed as a branch manager by a real estate agent,— the Board shall, on payment of the prescribed fee (if any), issue to the applicant a certificate of approval.
2: If the Board is not so satisfied, it shall appoint a time and place for hearing the application, and shall give at least 14 days' notice of the hearing to the applicant and the Institute.
3: In any case to which subsection (2)
4: If, after hearing an application, the Board is satisfied of the matters specified in paragraphs (b) (c)
5: Where the Board is not satisfied of the matters specified in paragraph (b) (c)
6: Subject to subsection (7)
7: A certificate of approval issued under this section on the ground specified in section 54C(d)
8: The provisions of sections 47 to 51 salesperson Sections 54B to 54E inserted 25 October 1989 Real Estate Agents Amendment Act 1989 See section 3(9) Real Estate Agents Amendment Act 1992 23 March 1992 substitution of salesperson salesman 54D(8)
54E: On transfer of branch manager, licensee to notify Registrar and Institute
Where a licensee transfers a branch manager from one branch office to another, the licensee shall give notice in writing to the Registrar of the transfer, and shall forward a copy of the notice to the Institute within 7 days after the notice is given to the Registrar. Sections 54B to 54E inserted 25 October 1989 Real Estate Agents Amendment Act 1989 Receipt of money and audit of accounts
55: Treatment of certain money received by real estate agent
For the purposes of sections 56 to 59
a: Any money received by any real estate agent by way of rent from the letting of any land, and any principal or interest received by any real estate agent arising out of any transaction affecting land, shall be deemed to be money received by him or her or her
b: Any insurance premiums received by a real estate agent on behalf of an insurance company, and any other money received by a real estate agent in the course of any agency business conducted by him or her or her or her or her 1963 No 135 s 27(5) See section 3(4) (5) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her His his insertion of or her him
56: Duty of real estate agent with respect to money received in course of business
1: Subject to subsection (4) or her Provided that where the real estate agent is in doubt on reasonable grounds as to the person who is lawfully entitled to any such money, he or she or her
2: Pending the payment of any such money, it shall be paid by the real estate agent into a general or separate trust account at any bank carrying on business in New Zealand under the authority of any Act, and, subject to subsection (4)
3: No money to which this section applies shall be available for payment of the real estate agent's debts, nor shall it be liable to be attached or taken in execution under the order or process of any Court at the instance of any of the real estate agent's creditors.
4: Nothing in this section shall be construed as to take away or affect any just lien or claim which the real estate agent may have on or in respect of any money received by him or her
5: Every licensee who contravenes or fails to comply with any of the provisions of this section commits an offence. 1963 No 135 s 27(1)-(4), (6) See section 3(4) (5) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her His his 56(1) insertion of or her him 56(4)
57: Money to be held by real estate agent for 10 days
1: Except in pursuance of an order of a Court of competent jurisdiction or an authority signed by all the parties to the transaction, where a real estate agent receives any money (other than money received by way of rent from the letting of any land) in respect of any transaction, he or she or she or she or she or she
2: Every person who contravenes or fails to comply with subsection (1) 1963 No 135 s 30 See section 3(3) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she He he 57(1)
58: Real estate agent to furnish account to principal
1: Forthwith on the demand of the person for whom he or she or her or her
2: It shall be sufficient compliance with the provisions of this section in respect of rent or interest collected by a real estate agent if he or she
3: Where a real estate agent is in doubt on reasonable grounds as to the person who is lawfully entitled to any such money, he or she or she
4: If any real estate agent refuses or, for a period of 7 days after demand, neglects or fails to render an account, or, in the absence of a demand, neglects or fails to render an account within the period of 28 days allowed under subsection (1) or she
5: Subject to section 57 56(1) section 56(1) or her or she 1963 No 135 s 29 See section 3(3) (5) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she He he 58 insertion of or her His his 58(1) insertion of or her him 58(1) and (5)
59: Rendering false account
Every person is liable on conviction on indictment to imprisonment for a term not exceeding 5 years or to a fine not exceeding $2,000 or her or her 1963 No 135 s 31 Section 59 amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the expression $2,000 $1,000 See section 3(4) (5) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her His his 59 insertion of or her him 59
60: Real estate agents' trust accounts to be audited
1: Every general or particular trust account of a real estate agent shall be audited at the times and in the manner prescribed by regulations made under this Act.
2: Every real estate agent commits an offence who fails to appoint an auditor within the time prescribed, or who fails to comply with the provisions of any regulations relating to the audit of real estate agents' trust accounts.
3: All information obtained by an auditor in the course of the audit of any trust account under this Act shall be treated as confidential, subject only to such rights of publication as may be prescribed in furtherance of the proper purposes of the audit. 1963 No 135 s 28 Miscellaneous duties
61: Real estate agent not to act as land broker in connection with same transaction
Section 61 repealed 1 August 2008 section 341 Lawyers and Conveyancers Act 2006
62: Real estate agent to have written contract of agency
No person shall be entitled to sue for or recover any commission, reward, or other valuable consideration in respect of any service or work performed by him or her
a: He or she Real Estate Agents Act 1963
b: His or her or her 1963 No 135 s 79 See section 3(3) (5) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she He he 62(a) insertion of or her His his 62(b) insertion of or her him 62
63: Purchase or lease by agent voidable
1: No real estate agent shall, without the consent on the prescribed form of his or her or herself
a: Purchase or take on lease, or be in any way concerned or interested, legally or beneficially, in the purchase or taking on lease of any land or business which he or she
b: Sell or lease to his or her , civil union partner, de facto partner,
2: No partner or employee of a real estate agent and no officer of a company that is a real estate agent shall, without the consent on the prescribed form of the principal of the real estate agent, directly or indirectly,—
a: Purchase or take on lease, or be in any way concerned or interested, legally or beneficially, in the purchase or taking on lease of any land or business which the real estate agent of whom he or she or she or she
b: Sell or lease to his or her , civil union partner, de facto partner,
3: Any contract made in contravention of this section shall be voidable at the option of the principal. No commission shall be payable in respect of any such contract, whether the principal has avoided it or not; and any commission paid in respect of the contract shall be repayable by the real estate agent to his or her 1963 No 135 s 78 1968 No 25 s 26 See section 3(2) (4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she He he 63 insertion of or her His his 63 insertion of or herself himself 63(1) Subsection (1)(b) amended 26 April 2005 4(1) Real Estate Agents Amendment Act 2005 by inserting the words , civil union partner, de facto partner, spouse See section 3 Subsection (2)(b) amended 26 April 2005 4(2) Real Estate Agents Amendment Act 2005 by inserting the words , civil union partner, de facto partner, spouse See section 3
64: Real estate agent to provide valuation
1: This section shall apply to every real estate agent, partner or employee of a real estate agent, or officer of a company that is a real estate agent; but, in relation to any real estate agent (whether a company or not) that carries on other business in addition to its business as a real estate agent, shall not apply to any employee of that real estate agent whose work primarily and predominantly relates to that other business.
2: Every person to whom this section applies shall either—
a: Before seeking the consent of a principal for the purposes of section 63
b: With the agreement of the principal, within 14 days after obtaining that consent— supply, at his or her
3: Every consent given under section 63 subsection (2)
4: Where—
a: A principal gives his or her consent under section 63 subsection (2)
b: The valuation, when supplied, is greater than the valuation specified in the prescribed form of consent as the provisional valuation,— any contract to which the principal is a party and to which the consent relates shall be voidable at the option of the principal. This section was substituted 10 December 1982 Real Estate Agents Amendment Act 1982 Subsection (4) inserted 1 July 1994 Real Estate Agents Amendment Act 1994 See section 3(4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her His his
65: Real estate agent to give copy of contract
1: Every real estate agent shall, forthwith after any person has signed an offer or an agreement or other form of contract to purchase or to take on lease any land through the agency of the real estate agent, give to that person a true copy of the offer or the agreement or other form of contract.
2: Every real estate agent who fails to comply with subsection (1)
66: Representations by real estate agent to be question of question of fact
Section 66 repealed 1 April 1980 14(4) Contractual Remedies Act 1979
5: The real estate institute of New Zealand incorporated
67: Licensees to be members of Institute
1: Every licensee shall be a member of the Institute, whether or not he or she
2: Every member of the Institute who ceases to hold a licence for the time being in force shall thereupon cease to be a member of the Institute, unless he or she or her
3: Notwithstanding subsection (1)
4: Every member of the Institute shall from time to time pay to the Institute the fees or other payments, annual or otherwise, that are payable in respect of his or her
5: If any fee or other payment payable to the Institute by a member under subsection (4)
6: While a person is suspended under subsection (5) or she
a: If he or she
b: If he or she
7: If any person suspended under this section satisfies the Board that all fees and other payments have been paid, the Board shall cancel the suspension of that person. 1963 No 135 s 32 1968 No 25 s 21 See section 3(3) (4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she He he 68(1), (2) and (6) insertion of or her His his 68(2) and (4)
68: Conscientious objection to membership of Institute
1: Notwithstanding section 67 or her
2: While any such exemption continues in force, and all conditions relating to the exemption are duly complied with, the person granted the exemption shall be excused from membership of the Institute.
3: Every person who is for the time being exempted from membership of the Institute shall from time to time pay to the Institute the fees or other payments, annual or otherwise, that he or she or she
4: If any fee or other payment payable to the Institute under subsection (3)
5: While a person is suspended under subsection (4) or she
a: If he or she
b: If he or she
6: If any person suspended under subsection (4)
7: All the provisions of this Act and of the rules and code of ethics of the Institute relating to the discipline of members of the Institute, all the decisions of the Institute regulating the charges that may be made by real estate agents for work as such, and all other provisions of those rules and that code that are not inconsistent with the provisions of this section, shall apply with respect to every person exempted from membership of the Institute under this section as if he or she 1963 No 135 s 32 See section 3(3) (5) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she He he 68(3), (5) and (7) insertion of or her him 68(1)
69: Improper use of words, etc, implying membership of Institute
Every person commits an offence who, not being a member of the Institute, holds himself or herself or she 1963 No 135 s 34 See section 3(2) (3) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or herself himself insertion of or she He he
70: Rules of Institute
1: The Institute may from time to time make rules (not inconsistent with this Act or any regulations made under it) for all or any of the following purposes:
a: The regulation and good government of the Institute, its members, and affairs:
b: Prescribing the qualifications for membership of the Institute, and for different classes of members:
c: The creation of districts, and the constitution, election, and tenure of office of the Council, and the filling of extraordinary vacancies thereon:
d: Regulating the election of the President and Vice-Presidents of the Institute, and the filling of extraordinary vacancies in those offices:
e: Providing for the constitution of branches of the Institute:
f: Regulating the audit of the accounts of the Institute and the appointment of auditors, and prescribing their qualifications:
g: Providing for and regulating the granting of certificates of membership:
h: Prescribing the examination in any subjects to be passed by persons intending to apply for a licence, or by persons intending to become salespersons salespersons
i: Regulating the members of the Institute who are not holders of licences:
j: Providing for the convening of ordinary and special meetings of the Institute and of the Council, and regulating the quorum, the representation of members, and the procedure:
k: Providing for the conferring of fellowships, honorary memberships, and other distinctions:
l: Prescribing the fees or other payments, annual or otherwise, to be paid by members of the Institute, not being licence fees or payments to be made into the Fidelity Guarantee Fund:
m: Prescribing a code of ethics for regulating the professional conduct of members of the Institute and the conduct of salespersons and branch managers
ma: For the purposes of establishing Regional Disciplinary Committees within a region to deal with matters relating to the discipline of persons engaged in real estate business in that region, creating regions by amalgamating 2 or more districts, and amalgamating or abolishing any such region created:
mb: Establishing Regional Disciplinary Committees, one in each region, constituted pursuant to section 101
mc: Establishing sub-committees of Regional Disciplinary Committees within each district (consisting of not more than 3 members of the Institute who need not be carrying on business outside that district) for the purpose of determining such minor matters relating to discipline as may be referred to it from time to time by the Institute, and regulating the procedure of, and methods of determination by, such a sub-committee of those minor matters:
n:
o: Imposing fines not exceeding $750
p: Generally for carrying into full effect the objects for which the Institute is formed.
2: The subject-matter and syllabus of the examinations to be prescribed by the Institute shall be approved by the Minister.
3: Any fine imposed upon any member under any rule shall be a debt due from the member to the Institute, and shall be recoverable accordingly.
4: No rule or amendments to rules made under paragraphs (f) (l) (m) (p)
5: The rules of the Institute in force at the commencement of this Act, as far as they are applicable and are not inconsistent with this Act, shall continue in force as if they had been made under this section and approved by the Minister. 1963 No 135 s 35 1968 No 25 s 22 Subsection (1)(h) amended 1 December 1989 Real Estate Agents Amendment Act 1989 by substituting the words salesmen or branch managers qualified persons or salesmen salesmen, or branch managers qualified persons, or salesmen Subsection (1)(m) amended 1 December 1989 Real Estate Agents Amendment Act 1989 by inserting the words and branch managers salesmen Subsections (1)(ma) (mb) (mc) inserted 10 December 1982 Real Estate Agents Amendment Act 1982 Subsection (1)(n) repealed 1 May 1986 110(1) Commerce Act 1986 Subsection (1)(o) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the expression $750 $100 See Real Estate Agents Amendment Act 1992 23 March 1992 substitution of salespersons salesmen 70(1)(h) and (m)
6: Real Estate Agents Fidelity Guarantee Fund
71: Real Estate Agents Fidelity Guarantee Fund
1: There shall continue to be a Fund known as the Real Estate Agents Fidelity Guarantee Fund.
2: The Fund shall continue to be the property of the Institute, and to be held in trust for the purposes specified in this Part of this Act.
3: The Fund shall consist of—
a: All sums paid to or on account of the Fund by real estate agents, either as annual contributions or as levies, in accordance with the provisions of this Act in that behalf:
b: The interest from time to time accruing from the investment of the Fund in accordance with section 80
c: All money recovered by or on behalf of the Institute in the exercise of any right of action conferred by this Part of this Act:
d: Any other money that may be lawfully paid into the Fund.
4: All money belonging to the Fund shall, pending its investment or application in accordance with this Part of this Act, be paid into a bank to the credit of a separate account to be called the Real Estate Agents Fidelity Guarantee Fund Account. 1963 No 135 ss 37, 38, 39
72: Audit of accounts of Fund
The accounts of the Fund shall be audited by a chartered accountant (within the meaning of section 19 Institute of Chartered Accountants of New Zealand Act 1996 or she 1963 No 135 s 41 See section 3(3) Real Estate Agents Amendment Act 1992 or she 23 March 1992 This section was amended 1 October 1996 23 Institute of Chartered Accountants Act 1996 by substituting the words chartered accountant (within the meaning of section 19 of the Institute of Chartered Accountants Act 1996 ) member of the New Zealand Society of Accountants
73: Council to administer Fund
1: Subject to section 74 High Court or she
2: For the purposes of this Part of this Act, the barrister or solicitor so appointed shall be deemed to be a member of the Council.
3: For the purposes of this Part of this Act, the quorum for meetings of the Council shall be the number of members specified in the rules of the Institute, together with the barrister or solicitor appointed under this section. 1963 No 135 s 42 See section 3(3) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she He he 74(1) The words High Court substituted 1 April 1980 Supreme Court 12 Judicature Amendment Act 1979
74: Committee of management
1: The Council may, by resolution, delegate its powers in relation to the Fund, or any of those powers, to a committee of management consisting of not less than 3 and not more than 8 members of the Council, together with the barrister or solicitor who is a member of the Council under section 73(2)
2: Any such resolution may at any time be varied or revoked by the Council.
3: Where the Council has delegated any of its powers to a committee of management under this section, every reference in this Part of this Act to the Council shall, in relation to those powers, be deemed to include a reference to the committee of management. 1963 No 135 s 43
75: Expenditure from Fund
1: There shall from time to time be paid out of the Fund, as required—
a: The amount of all claims, including costs, allowed or established against the Fund in accordance with this Act:
b: All legal and other expenses incurred in defending claims made against the Fund, or otherwise incurred in relation to the Fund:
c: All premiums payable in respect of contracts of insurance entered into by the Council under section 86
d: All refunds made to real estate agents under section 76(3)
e: The expenses involved in the administration of the Fund, including allowances to members of the Council and to members or officers of the Institute in respect of their services, and their reasonable travelling expenses incurred in connection with the management of the Fund:
f: All other money payable in respect of any matter for which payment is required or considered necessary by the Council for the purposes of this Part of this Act or the rules made thereunder, including the cost of investigations directed by the Council.
2: While the amount of the Fund exceeds $500,000 section 80
a: The administration of any regulations for the time being in force under this Act relating to the audit of trust accounts:
b: The provision of educational programmes and other facilities for the purpose of improving the efficiency and promoting the welfare of real estate agents:
c: The administration by the Institute of the provisions of this Act, and the conduct of the affairs of the Institute to such extent and in accordance with such conditions (if any) as the Council from time to time determines. 1963 No 135 s 40 1968 No 25 s 23 Subsection (2) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the expression $500,000 $150,000
76: Real estate agents to contribute to Fund
1: Subject to section 78 such basic contribution as may be prescribed
2: Where the applicant for a licence or the renewal of a licence is a company, the contribution of that company under subsection (1)
3: Where a real estate agent who for any year has paid the amount prescribed by this section remains in business as such for less than 3 months in that year, the Council may, out of the money received by it under subsection (1)
4: If any real estate agent commences business as such during the last 3 months of any year for which the amount prescribed by this section is payable, the Council may accept, in full satisfaction of the contribution for that year, such portion of the contribution as it thinks fit.
5: The person receiving any amounts paid to the Council under this section shall forthwith pay them into the Fund. 1963 No 135 s 44 Subsection (1) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the words such basic contribution as may be prescribed the basic contribution specified in that behalf in the Schedule to this Act
77: Council may make refunds of contributions to Fund
If a claim under this Part of this Act has not been made or, if made, not sustained against a licensed real estate agent, then, on the retirement from business of that agent or on his or her or her or her or her Provided that no refund shall be made unless the amount remaining in the Fund after the refund is made will be not less than $500,000 1963 No 135 s 55 The proviso to this section was amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the expression $500,000 $150,000 See section 3(4) (5) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her His his insertion of or her him
78: Contributions to Fund while it exceeds specified amount
While the amount of the Fund (including any investments, and after deducting the amount of all unpaid claims and other liabilities outstanding against the Fund) exceeds $500,000 section 76 such amounts as may be prescribed 1963 No 135 s 45 1968 No 25 s 24 This section was amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the expression $500,000 $150,000 amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the words such amounts as may be prescribed the amounts specified in that behalf in the Schedule to this Act
79: Real estate agents may be required to pay levy
1: If at any time the Fund is not sufficient to satisfy the liabilities of the Institute in relation thereto, the Council may, by resolution, impose on every licensed real estate agent, for payment into the Fund, a levy of such amount as it thinks fit, but not exceeding the amounts specified in that behalf in the Schedule to this Act.
2: Notwithstanding subsection (1)
a: No real estate agent, being an individual, shall be required to pay by way of levy under this section, whether as the holder of a licence or as a partner of the holder of a licence, more than $100 during the whole period of his or her
b: No real estate agent, being a company, shall be required to pay by way of levy under this section more than $500 during the whole period of its carrying on business as a real estate agent.
3: The amount of every such levy shall become payable on a date and in a manner to be fixed by the Council, and, if not paid earlier shall be paid together with the next annual contribution payable to the Fund under section 76 1963 No 135 s 46 See section 3(4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her His his 79(2)(a)
80: Investment of Fund
Any money in the Fund that is not immediately required for the purposes thereof may be invested in any manner in which trustees are for the time being authorised to invest trust funds. 1963 No 135 s 47
81: Purpose of Fund
Subject to the provisions of this Part of this Act, the Fund shall be held and applied for the purpose of reimbursing persons who may suffer pecuniary loss by reason of the theft by a licensed real estate agent, or by his or her 1963 No 135 s 48(1) See section 3(4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her his
82: Claims against Fund
1: Subject to this section, the Council may receive and settle any claim against the Fund at any time after the cause of the claim has arisen.
2: No person shall have any claim against the Fund—
a: In respect of any theft committed before the 1st day of February 1963; or
b: In respect of any theft committed after that date—
i: Unless written notice of the claim is given to the Council within 12 months after the claimant has become aware of the theft; and
ii: Except with leave of the Council, until the claimant has exhausted all relevant rights of action and other legal remedies available against the defaulting real estate agent or any other person in respect of the loss suffered by the claimant.
3: No person shall be entitled to recover from the Fund an amount greater than the balance of the loss suffered by him or her or her or her or her
4: No amount shall be paid or payable out of the Fund as interest on the amount of any judgment obtained or of any claim admitted against the Fund.
5: No right of action shall lie in relation to the Fund in respect of any loss suffered by any person by reason of any theft committed by a real estate agent at any time after the claimant or his or her section 74 , her,
6: No right of action shall lie in relation to the Fund in respect of any loss suffered by the spouse , civil union partner, or de facto partner
7: No action for damages shall lie against the Institute or the Council or any member or employee of the Institute or of the Council for any notification given in good faith and without malice for the purpose of subsection (5) 1963 No 135 ss 48(2), 49 See section 3(3) (4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her His his 82(3) and (5) insertion of , her, him 82(5) Subsection (6) amended 26 April 2005 5 Real Estate Agents Amendment Act 2005 by inserting the words , civil union partner, or de facto partner spouse
83: Defences to claims against Fund
In any action brought against the Institute in relation to the Fund, all defences which would have been available to the defaulting real estate agent shall be available to the Institute. 1963 No 135 s 50
84: Subrogation of rights of action against defaulting real estate agent
1: On payment out of the Fund of any money in settlement in whole or in part of any claims under this Part of this Act, the Institute shall be subrogated, to the extent of that payment, to all rights and remedies of the claimant against the real estate agent in relation to whom the claim arose, or in the event of the death or insolvency or other disability of the real estate agent, against his or her or her
2: Notwithstanding anything to the contrary in the Companies Act 1955 or the Companies Act 1993 District Court Judge 1963 No 135 s 51 1968 No 25 s 25 See section 3(4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her His his 84(1) The words District Court Judge substituted 1 April 1980 Magistrate 18 District Courts Amendment Act 1979 Subsection (2) amended 1 July 1994 2 Company Law Reform (Transitional Provisions) Act 1994 by inserting the words or the Companies Act 1993
85: Provisions applicable if Fund insufficient to satisfy claims
1: No money or other property belonging to the Institute (other than the Fund) shall be available for the satisfaction of any judgment obtained against the Institute in relation to the Fund, or for the payment of any claim allowed by the Council; but if at any time the Fund is not sufficient to provide for the satisfaction of all such judgments and claims they shall, to the extent to which they are not so satisfied, be charged against future accumulations of the Fund.
2: The Council may, having regard to the rules set out in subsection (3)
3: Without limiting the discretion of the Council, it shall, in applying the Fund towards the settlement of any such judgments and claims, have regard to the following rules:
a: It shall take into consideration the relative degree of hardship suffered or likely to be suffered by the several claimants in the event of their claims against the Fund not being satisfied in whole or in part:
b: Claims for amounts not exceeding $1,000 shall, except in special circumstances, be satisfied in full before claims for amounts exceeding $1,000 are satisfied to a greater extent than $1,000:
c: Where all other considerations are equal, claimants shall have priority as between themselves according to the dates of the judgments or the dates when the claims were received by the Council, as the case may require. 1963 No 135 s 52
86: Council may enter into contracts of insurance
1: Notwithstanding any of the foregoing provisions of this Part of this Act, the Council may, in its discretion, enter into any contract of insurance with any person carrying on fidelity insurance business in New Zealand, whereby the Institute will be indemnified to the extent and in the manner provided by the contract against liability to pay claims under this Part of this Act.
2: Any such contract may be entered into in relation to licensed real estate agents generally, or in relation to any licensed real estate agent or agents named in the contract.
3: No action shall lie against the Institute, or against any member or employee of the Institute, or against any member or employee of the Council, for injury alleged to have been suffered by any real estate agent by reason of the publication in accordance with fact of a statement that any contract of insurance entered into under this section does or does not apply to that real estate agent.
4: If any contract of insurance is entered into in respect of any specified real estate agent or agents, the Council shall, on the application of any other real estate agent, enter into a like contract of insurance in respect of the last-mentioned real estate agent if the insurer signifies his , her, 1963 No 135 s 53 Subsection (4) amended 23 March 1992 3(12) Real Estate Agents Amendment Act 1992 by inserting the expression , her,
87: Application of insurance money
1: All money paid to the Institute in accordance with any contract of insurance entered into by the Council under section 86
2: No claimant against the Fund shall have any right of action against any person with whom any such contract of insurance was entered into, or have any right to claim any money paid by that person in accordance with the contract. 1963 No 135 s 54
88: Council may take possession of and inspect real estate agent's books and documents
1: This section applies in any case where the Council is satisfied, in respect of any real estate agent,—
a: That there is reasonable cause to believe that he or she
b: That there is reasonable cause to believe that any money or other property entrusted to the real estate agent has been stolen by his or her
c: That he or she
d: That he or she
e: That he or she
f: Where the real estate agent is a company, that the company is being wound up, whether by the Court or voluntarily or subject to the supervision of the Court; or
ff: Where the real estate agent is a building society, that the building society is being dissolved; or
g: That the licence of the real estate agent has been cancelled or that the real estate agent has been suspended; or
h: That the real estate agent has ceased to carry on business and has neglected to wind up his or her or her
2: In any case to which this section applies, the Council may, if in its opinion it is expedient to do so, take possession of any ledgers, books of account, records, deeds, or other documents belonging to the real estate agent or held in the course of his or her or her or her
3: Every person having possession or control of any such ledgers, books of account, records, deeds, or other documents who refuses or fails without lawful justification to deliver them or cause them to be delivered to the Council forthwith upon demand by the Council commits an offence and is liable to a fine not exceeding $1,500 1963 No 135 s 56(1)-(3) Subsection (1)(ff) inserted 1 September 1987 41(3) Building Societies Amendment Act 1987 Subsection (3) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the expression $1,500 $750 See section 3(3) (5) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she He he 88(1) insertion of or her His his 88(1)(b) and (h) and 88(2) insertion of or her him 88(1)(h)
89: Council may inspect books relating to money received by defaulting real estate agent
1: If the Council has reason to believe that any money entrusted to a real estate agent has been stolen by him or her or her or her
2: Every person commits an offence and is liable to a fine not exceeding $1,500 1963 No 135 s 57 Subsection (2) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the expression $1,500 $750 See section 3(4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her His his 89(1)
90: Council to give receipt for document taken into possession
1: Upon taking possession of any document under section 88
2: If any such document is the property of a firm of real estate agents in which the real estate agent is a partner, a copy of the notice shall be served on each partner in the firm.
3: Within 14 days after any such notice has been served, the real estate agent, or any of his or her District Court Judge District Court Judge 1963 No 135 s 56(4), (7) See section 3(4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her His his 90(3) The words District Court Judge substituted Magistrate 18 District Courts Amendment Act 1979
91: Appointment of authorised person to investigate affairs of real estate agents
1: For the purpose of safeguarding the Fund, the Council may at any time appoint a chartered accountant (within the meaning of section 19 Institute of Chartered Accountants of New Zealand Act 1996
2: Every appointment under this section shall be in writing and shall be signed on behalf of the Council by the Chairperson
3: Upon production by any person so appointed of his or her or she sections 88 89 Provided that he or she section 89
4: The person so appointed to make any examination of accounts for the purposes of this section shall not, otherwise than in the course of his or her or her or her
5: The Council shall consider the report in committee, but may disclose the contents to any Police employee Institute of Chartered Accountants of New Zealand
6: No member or officer of the Council shall communicate to any person any information disclosed in the report, except in the performance of his or her 1963 No 135 s 59 Subsection (1) amended 1 October 1996 23 Institute of Chartered Accountants of New Zealand Act 1996 by substituting the words chartered accountant (within the meaning of section 19 of the Institute of Chartered Accountants Act 1996 ) member of the New Zealand Society of Accountants Section 91(5) amended 1 October 2008 section 130(1) Policing Act 2008 Subsection (5) amended 1 October 1996 23 Institute of Chartered Accountants of New Zealand Act 1996 by substituting the words Institute of Chartered Accountants of New Zealand New Zealand Society of Accountants See section 3(3) (4) (7) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she He he 91(3) insertion of or her His his 91(3), (4) and (6) substitution of Chairperson Chairman 91(2)
92: Expenses of Council in investigating affairs of real estate agent
The reasonable expenses of the Council acting in the exercise of any of the powers conferred by sections 88 89 91 1963 No 135 s 58
93: Rules for purposes of this Part of this Act
For the purposes of this Part of this Act, the Institute may from time to time make rules for all or any of the following purposes:
a: Providing for the investment of so much of the Fund as is not immediately required for the purposes thereof:
b: Prescribing the forms of notices to be given to the Council in relation to claims against the Fund, and the conditions subject to which and the extent to which the Council may settle any such claims without recourse being had to legal proceedings:
c: Prescribing the duties of an accountant appointed to conduct an examination of any accounts under section 91
d: Generally, for such other matters as may be considered necessary for the purpose of protecting the Fund, or of giving full effect to the intent of this Part of this Act. 1963 No 135 s 60
7: Disciplinary provisions
Disciplinary powers of Board
94: Grounds on which licence may be cancelled by Board
1: The Institute, the Disciplinary Committee, or any other person with leave of the Board, may at any time apply in the prescribed form to the Board for an order cancelling a real estate agent's licence, and the Board may cancel the licence, on any of the following grounds:
a: That a licensee or, in the case of a licensee company, any officer of the company, has been convicted of a crime involving dishonesty:
b: That a licensee or, in the case of a licensee company, any officer of the company, has been guilty of misconduct in the course of his or her
c: That a licensee or, in the case of a licensee company, any officer of the company, has been shown to the satisfaction of the Board to be of such a character that it is in the interests of the public that the licence be cancelled:
ca: That a licensee or, in the case of a licensee company, the chief executive officer of the company, has failed to be in effective control of any place of business in respect of which it is that person's duty to be in effective control or has failed to ensure that any branch manager
d: That a licensee or, in the case of a licensee company, any officer of the company, has been adjudicated bankrupt, or has made any assignment for the benefit of his or her or her
e: That in the case of a licensee company, the company is in receivership or in liquidation:
f: That, in the case of a licensee building society, the building society is being dissolved.
2: No licence shall be cancelled on the ground set out in subsection (1)(a) 1963 No 135 s 23 Subsection (1)(ca) inserted 10 December 1982 Real Estate Agents Amendment Act 1982 amended 1 December 1989 Real Estate Agents Amendment Act 1989 by substituting the words branch manager qualified person in control Subsection (1)(e) amended 1 September 1987 41(3) Building Societies Amendment Act 1987 by substituting the expression winding up. winding up: substituted 1 July 1994 2 Company Law Reform (Transitional Provisions) Act 1994 Subsection (1)(f) inserted 1 September 1987 41(3) Building Societies Amendment Act 1987 See section 3(4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her His his 94(1)(b) and (d) The words High Court substituted 1 September 1980 Supreme Court 12 Judicature Amendment Act 1979
95: Board may suspend real estate agent
1: On any application under section 94(1)
2: While any order of suspension continues in force the person to whom the order relates shall not carry on the business of a real estate agent, or assist in the operation of any company that is a licensee.
3: Any person commits an offence and is liable to a fine not exceeding $2,000 subsection (2)
4: Any order of suspension made under this section may, on application to the Board by the person to whom the order relates, be varied or revoked by the Board at any time. 1963 No 135 s 23 Subsection (3) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the expression $2,000 $1,000
96: Board may impose monetary penalty
On any application made under section 94 95 $5,000 This section was amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the expression $5,000 $500
97: Board may hold inquiry
1: Every application made to the Board under section 94 95 or she
2: The Board shall, unless it is satisfied that there is no reasonable ground for the complaint, hold an inquiry into the complaint, and shall give to the real estate agent concerned, and to the complainant, at least 14 days notice in writing of its intention to hold an inquiry, and of the time and place of the hearing, and, in the case of the real estate agent, the nature of the complaint to be inquired into.
3: The inquiry shall be conducted and the decision made by the Chairperson at least subsection (1) or she
4: At the inquiry the real estate agent and the complainant concerned shall be entitled to be present and to be heard.
5: Every complaint shall be prosecuted at the inquiry—
a: Where the Institute is the complainant, by the Institute; and
b: In every other case, by the complainant or such other person as the complainant, with the consent of the Chairperson Subsection (3) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by inserting the words at least See section 3(3) (7) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she he 97(1) and (3) substitution of Chairperson Chairman 97(3) and (4)
98: Interim suspension pending determination of complaint
1: Where an application has been made to the Board under section 94(1) 99(1) salesperson
2: The Board shall not be obliged to give any notice to the licensee, officer, salesperson
3: The Board shall notify the licensee, officer, salesperson salesperson
4: An order of suspension made under this section shall come into force when the licensee, officer, salesperson subsection (3)
a: The licence of the licensee shall cease to have effect and shall not be renewed nor a new licence granted:
b: The officer of the company shall (if applicable) cease to be eligible to apply for a licence in his or her section 17(3)
c: The certificate of approval of the salesperson or branch manager
5: The Board may at any time, on its own motion or on the application of the licensee, officer, salesperson This section was substituted 10 December 1982 Real Estate Agents Amendment Act 1982 This section was amended 1 December 1989 Real Estate Agents Amendment Act 1989 by substituting the words salesman, or branch manager or salesman licensee Subsection (4)(c) amended 1 December 1989 Real Estate Agents Amendment Act 1989 by inserting the words or branch manager the salesman See section 3(4) (9) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her His his 98(4)(b) substitution of salesperson salesman
99: Board may cancel certificate of approval or suspend salesman
1: On application made to the Board in that behalf by the Institute, the Disciplinary Committee or by any other person with leave of the Board, the Board may cancel the certificate of approval issued in respect of any person or may suspend that person for such period not exceeding 3 years as the Board thinks fit on the ground—
a: That since the issue of the certificate of approval the person has been convicted of any crime involving dishonesty; or
b: That the person has been, or has been shown to the satisfaction of the Board to be, of such a character that it is, in the opinion of the Board, in the public interest that the certificate of approval be cancelled or that person be suspended.
2: The Board shall, as soon as practicable after receiving an application under this section, send a copy of the application to the salesperson salesperson
3: The salesperson
4: The Board may, in addition to or instead of cancelling a certificate of approval or suspending the holder under this section, impose a monetary penalty upon the holder not exceeding $750 1963 No 135 s 13(8), (10) Subsections (2) (3) amended 1 December 1989 Real Estate Agents Amendment Act 1989 by inserting the words or branch manager salesman Subsection (4) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the expression $750 $200 See section 3(9) Real Estate Agents Amendment Act 1992 23 March 1992 substitution of salesperson salesman 99(2) and (3)
100: Evidence of offences
1: For the purposes of this Part of this Act, a certificate containing the substance of the conviction of any person of any crime involving dishonesty, purporting to be signed by the Registrar of the Court by which the offender was convicted, shall, until the contrary is proved, be sufficient evidence of that conviction without proof of the signature or official character of the person appearing to have signed the certificate.
2: On any application under section 94 95 99 Chairperson salesperson or branch manager section 102 1963 No 135 s 24(1) Subsection (2) amended 1 December 1989 Real Estate Agents Amendment Act 1989 by inserting the words or branch manager salesman See section 3(7) (9) Real Estate Agents Amendment Act 1992 23 March 1992 substitution of Chairperson Chairman 100(2) substitution of salesperson salesman 100(2) Disciplinary committee
101: Regional Disciplinary Committees
1: For the purposes of the succeeding provisions of this Part of this Act, a Regional Disciplinary Committee shall consist of—
a: A barrister or solicitor as its Chairperson:
b: Three members appointed by the Council from members of the Institute within the region for which the Committee is established:
c: One lay member (not being a real estate agent) appointed by the Minister.
2: Three members of a Regional Disciplinary Committee, including its Chairperson Section 101 substituted 10 December 1982 Real Estate Agents Amendment Act 1982 See Real Estate Agents Amendment Act 1992 23 March 1992 substitution of Chairperson Chairman 101(2)
102: Disciplinary Committee to consider complaints against real estate agents and
salespersons
1: Without limiting or derogating from any other provisions of this Act relating to offences by real estate agents or salespersons salesperson or her
2: Subject to the succeeding provisions of this Part of this Act, if, after inquiring into any such complaint, the Disciplinary Committee is satisfied that the real estate agent, or, as the case may require, the officer of the company or the salesperson or the branch manager
a: Apply to the Board under section 94 95 99 salesperson's salesperson or the branch manager
b: Order the real estate agent or the officer of the company or the salesperson $2,000
c: Censure the real estate agent or the officer of the company or the salesperson
3: 1963 No 135 s 62 Subsection (2) amended 1 December 1989 Real Estate Agents Amendment Act 1989 by inserting the words or the branch manager or the salesman Subsection (2)(a) amended 1 December 1989 Real Estate Agents Amendment Act 1989 by inserting the words or the branch manager or the salesman Subsection (2)(b) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the expression $2,000 $200 Subsection (3) repealed 10 December 1982 Real Estate Agents Amendment Act 1982 See section 3(5) (9) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her him 102(1) substitution of salesperson salesman 102
103: Disciplinary Committee may delegate to subcommittee
Section 103 repealed 10 December 1982 Real Estate Agents Amendment Act 1982 General provisions relating to both Board and Disciplinary Committee
104: Immunity of witnesses, counsel, Board, and Institute
1: Witnesses and counsel shall have the same privileges and immunities in relation to complaints heard by the Board or Disciplinary Committee under this Part of this Act as they would have if the complaints were proceedings in a Court of law.
2: Neither the Board or any member of the Board, nor the Institute or any member of the Institute, nor any member of the Disciplinary Committee shall be under any criminal or civil liability in respect of anything done or omitted to be done at or for the purposes of the hearing of any complaint under this Part of this Act, unless it is proved to the satisfaction of the Court before which any proceedings are taken that the defendant in those proceedings has acted in bad faith. 1963 No 135 ss 70, 75
105: Board or Disciplinary Committee may award costs
After hearing any complaint under this Part of this Act the Board or the Disciplinary Committee may make such order as to costs as it thinks fit, including—
a: An order that costs be awarded to the licensee or officer of the company or salesperson or branch manager
b: An order that the licensee or officer of the company or salesperson or branch manager This section was amended 1 December 1989 Real Estate Agents Amendment Act 1989 by inserting the words or branch manager or salesman See section 3(9) Real Estate Agents Amendment Act 1992 23 March 1992 substitution of salesperson salesman
106: Recovery of penalties and costs
Any sum ordered by the Board or the Disciplinary Committee to be paid by way of penalty, costs, or expenses shall be a debt due by the person ordered to pay it to the person to whom it is ordered to be paid, and shall be recoverable accordingly. 1963 No 135 s 66
107: Venue
The hearing of any complaint or inquiry by the Board or Disciplinary Committee under this Part of this Act shall, unless otherwise agreed between the Board or, as the case may require, Committee, and the real estate agent or officer of the company or salesperson or branch manager salesperson or branch manager This section was amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the words principal place of business registered office This section was amended 1 December 1989 Real Estate Agents Amendment Act 1989 by inserting the words or branch manager or salesman See section 3(9) Real Estate Agents Amendment Act 1992 23 March 1992 substitution of salesperson salesman
108: Right of real estate agent to be heard
Except where the Board makes an order of interim suspension under section 98 salesperson or branch manager 1963 No 135 s 63 This section was amended 1 December 1989 Real Estate Agents Amendment Act 1989 by inserting the words or branch manager or salesman See section 3(9) Real Estate Agents Amendment Act 1992 23 March 1992 substitution of salesperson salesman
109: Witnesses may be required to attend and give evidence
1: The Board or Disciplinary Committee may, by notice in writing signed by its respective Chairperson or her
2: The Board or Disciplinary Committee may require evidence to be given on oath, either orally or in writing, and for that purpose the Chairperson
3: Every person commits an offence who, without lawful justification, refuses or fails to attend and give evidence when required to do so by the Board or Disciplinary Committee, or to answer truly and fully any question put to him or her or her
4: Every witness giving evidence or attending to give evidence at the hearing of any complaint or inquiry by the Board or Disciplinary Committee under this Part of this Act shall be entitled to such sum for his or her or she or she District Court
5: Subject to any order as to costs made by the Board or Disciplinary Committee, all sums to which any witness is entitled under subsection (4) 1963 No 135 ss 69, 71 See section 3(3) (5) (7) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she He he 109(4) insertion of or her His his 109(1) and (4) insertion of or her him 109(3) substitution of Chairperson Chairman 109(1) and (2) The words District Court substituted 1 April 1980 Magistrate's Court 18 District Courts Amendment Act 1979
110: Rules of procedure
The Board and the Disciplinary Committee may each from time to time make rules in respect of the making, hearing, and determination of applications and inquiries required to be made, heard, or determined by them under this Part of this Act. 1963 No 135 s 72
111: Jurisdiction of Court not limited
Except as expressly provided in this Part of this Act, nothing in this Part of this Act shall be construed to limit the jurisdiction of any Court. 1963 No 135 s 76
8: Appeals
112: Appeals to
High Court
1: In every case where the Board—
a: Refuses under section 23
b: Refuses under section 29(6)
c: Cancels a licence or suspends any person under the provisions of sections 94 95 98 section 96 the applicant or, as the case may require, the licensee or officer of a licensee company, shall have a right of appeal to the High Court
2: In every case where the Board—
a: Refuses under section 46
b: Refuses under section 48(6)
c: Cancels a certificate of approval or suspends a salesperson section 99 the applicant, licensee, salesperson High Court
3: In every case where the Board, under section 34 High Court
4:
5: Every such appeal shall be brought within 28 days after the date on which the appellant was notified of the decision appealed against, or within such further period as the Court may allow. 1963 No 135 s 77 Subsection (2) amended 1 December 1989 Real Estate Agents Amendment Act 1989 by substituting the words salesman, or branch manager or salesman Subsection (4) repealed 15 August 1991 3(4) Judicature Amendment Act 1991 See section 3(9) Real Estate Agents Amendment Act 1992 23 March 1992 substitution of salesperson salesman 112(2) The reference in the section title to High Court Administrative Division 15 August 1991 3(5) Judicature Amendment Act 1991 The words High Court substituted Supreme Court 12 Judicature Amendment Act 1979
113: Rights of licensee pending disposal of appeal in certain cases
Where a decision of the Board is to cancel any licence or refuse an application to renew any licence, that decision shall be of no effect until,—
a: Where notice of an appeal against that decision has been given within the period specified in section 112(5)
b: Where no notice of an appeal against that decision has been given within that period, that period expires.
114: Procedure on appeal
Subject to this Part of this Act, the procedure in respect of any appeal to the High Court The words High Court substituted 1 April 1980 Supreme Court 12 Judicature Amendment Act 1979
115: Hearing and determination of appeal
1: The Court may receive in evidence any statement, document, information, or matter that may in its opinion assist it to deal effectually with the matters before it, whether or not that evidence would be otherwise admissible in a Court of law.
2: The Court may, if it considers it is in the public interest, order that the hearing or any part of it shall be held in private.
3: The Court may make an order prohibiting the publication of any report or description of the proceedings or of any part of the proceedings in any appeal before it (whether heard in public or in private); but no order shall be made prohibiting the publication of the names and descriptions of the parties to the appeal, or particulars of any licence or certificate of approval affected by the appeal, or of any decision of the Court.
4: In its determination of any appeal the Court may confirm, modify, or reverse the decision appealed against, or any part of that decision, and, subject to section 117
116: Court may refer appeals back to Board
1: Notwithstanding section 115
2: In giving any direction under this section the Court shall—
a: Advise the Board of its reasons for doing so; and
b: Give to the Board such directions as it thinks just as to the reconsideration or otherwise of the whole or any part of the matter that is referred back for reconsideration.
3: The Board shall, in reconsidering any matter so referred back to it, have regard to the Court's reasons for giving a direction under subsection (1) subsection (2)
117: Appeal against decision of
High Court
1: If any party to any proceedings before the Court under this Part of this Act is dissatisfied with any determination or decision of the Court in the proceedings as being erroneous in point of law, he or she
2: Within 14 days after the date of the determination or decision of the Court, a party desiring to appeal to the Court of Appeal under this section shall file a notice of appeal with the Registrar of the High Court
3: Within 14 days after the filing of the notice of appeal, or within such further time as the Judge before whom the proceedings were heard may in his or her High Court
4: As soon as practicable after the filing of the case, the Registrar of the High Court
5: The Judge shall, as soon as practicable, and after hearing the parties if he or she High Court
6: Where since the date of the determination or decision the Judge before whom the proceedings were heard has ceased to hold office as such or died or left New Zealand, or is incapable by reason of sickness or otherwise from acting as such, the case may be submitted to any Judge of the High Court or her
7: The Registrar of the High Court
8: If within 14 days after the filing of the notice of appeal, or within such further time as may be allowed, the appellant does not file a case pursuant to subsection (3)
9: The High Court or her
10: The decision of the Court of Appeal on any appeal under this section shall be final.
11: Subject to this section, the case shall be dealt with in accordance with the rules of the Court of Appeal. See section 3(3) (5) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or she He he 117(1) and (5) insertion of or her His his 117(3) and (9) insertion of or her Him him 117(6) The reference in the section title to High Court 15 August 1991 Administrative Division 15 August 1991 3(5) Judicature Amendment Act 1991 The words High Court Judge of the High Court substituted 1 April 1980 Supreme Court Judge of the Supreme Court 12 Judicature Amendment Act 1979
118: Appeals to Board from decision of Disciplinary Committee
1: In any case where the Disciplinary Committee imposes a penalty under section 102(2)(b) salesperson or branch manager section 102(2)(c)
2: An appeal under this section shall be brought within 28 days after the date on which the appellant was notified in writing of the Disciplinary Committee's decision.
3: The Board, on the hearing of the appeal, may confirm or reverse the decision appealed against or make such other order as the case requires, or may refer the matter back, together with its reasons for doing so, to the Disciplinary Committee for reconsideration.
4: The Board's decision in respect of the appeal shall be final.
5: Subject to this section and to any regulations made under this Act, the procedure in respect of any appeal under this section shall be as determined from time to time by the Board. Subsection (1) amended 1 December 1989 Real Estate Agents Amendment Act 1989 by inserting the words or branch manager or salesman See section 3(9) Real Estate Agents Amendment Act 1992 23 March 1992 substitution of salesperson salesman 118(1)
9: Miscellaneous provisions
119: General provision relating to offences
Except where this Act otherwise provides,—
a: Every person who commits an offence against this Act or against any regulations made under this Act is liable to a fine not exceeding $1,000
b: Every offence against this Act or against any regulations made under this Act shall be punishable on summary conviction before a District Court Judge 1963 No 135 s 81 Subsection 119(a) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the expression $1,000 $500 The words District Court Judge substituted 1 April 1980 Magistrate 18 District Courts Amendment Act 1979
120: Civil remedies not affected
Nothing in this Act shall affect any civil remedy that any person may have against a real estate agent or salesperson or branch manager 1963 No 135 s 82 This section was amended 1 December 1989 Real Estate Agents Amendment Act 1989 by inserting the words or branch manager or salesman See section 3(9) Real Estate Agents Amendment Act 1992 23 March 1992 substitution of salesperson salesman
121: Service of notice and 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, certificate of approval, or permit, may be given or served by delivering it to him or her or her or her or her or her
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, certificate of approval, or permit, may be served by delivering it to him or her or her
a: At his or her
b: In the case of a licensee, at his or her
c: In the case of an officer of a licensee company, at the registered office of the company; or
d: In the case of a salesperson or she
e: In the case of a branch manager, at the branch office.
3: Any notice or other document that under this Act may be or is required to be given to or served on the Institute shall be given or served by delivering it to the Secretary of the branch of the Institute within the district of which the sender has his or her
4: Any notice or other document that under this Act may be or is required to be given to or served on the Board shall be given or served by delivering it to the Registrar personally, or by leaving it or sending it by post in a registered letter addressed to him or her
5: Where any notice or other document is sent by post in the manner prescribed by any of the foregoing provisions of this section, it shall be deemed to have been given to or served on the addressee at the time when the letter would have been delivered in the ordinary course of the post, and, 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. Subsection (2)(d) amended 1 December 1989 Real Estate Agents Amendment Act 1989 by inserting the expression ; or Subsection (2)(e) inserted 1 December 1989 Real Estate Agents Amendment Act 1989 See section 3(3) (5) (9) 23 March 1992 insertion of or she he 121(2)(d) insertion of or her His his 121(1), (2) and (3) insertion of or her him 121(1), (2) and (4) substitution of salesperson salesman 121(2)(d)
121A: References to a company to include references to a building society
In this Act, unless the context otherwise requires, a reference to the expression company Building Societies Act 1965 Building Societies Act 1908 Section 121A inserted 1 September 1987 41(3) Building Societies Amendment Act 1987
122: 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 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 any application made under this Act, and providing for a refund of the fee or a specified part of it if the application is refused or is withdrawn:
c: Prescribing forms of advertisements and other notices under this Act:
d: Providing for an audit from time to time of the trust accounts of all real estate agents, and the manner in which and the persons or class of persons by whom that audit shall be conducted, and for a report of the result of the audit:
e: Requiring real estate agents to give such notice of the appointment of an auditor as may be prescribed:
f: Authorising the Minister of Justice and the Institute to direct an audit of a real estate agent's trust accounts at any time:
g: Requiring the production to the auditor of books, papers and accounts, subject to such conditions as are prescribed:
h: Prescribing the persons to whom the reports of auditors shall be sent for inspection, information, or record:
i: Generally to ensure that all such trust accounts shall be duly kept and audited:
j: Authorising the Secretary for Justice, following the report of any auditor or where the Minister of Justice or the Institute has directed any audit, to apply to the Board for the interim suspension of the licence of a real estate agent any of whose trust accounts is or was the subject of the audit, and empowering the Board, in its discretion, to make an order suspending the licence for such period as it thinks fit:
k: Prescribing the procedure to be followed in respect of any appeal to the Board against any decision of the Disciplinary Committee:
l: 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 $1,000
m: 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: Any regulations under this section prescribing the fees payable on the issue or renewal of a licence shall prescribe uniform fees in respect of both, but may prescribe—
a: Additional fees in respect of every branch office of the licensee:
b: Reduced fees in respect of licences issued after the 1st day of April in any year. 1963 No 135 s 83 1967 No 114 s 2 Subsection (1)(l) amended 10 December 1982 Real Estate Agents Amendment Act 1982 by substituting the expression $1,000 $500
123: Amendment of Schedule
The Governor-General may from time to time by Order in Council amend the amounts of any Section 123 amended 10 December 1982 Real Estate Agents Amendment Act 1982 by omitting the words contributions or
124: Transitional provisions and savings
1: Where, before the commencement of this Act, a District Court Judge District Court Judge
2: Where, before the commencement of this Act, any application has been made to a District Court Judge Real Estate Agents Act 1963 District Court Judge District Court Judge
3: For the purposes of Part 2 District Court Judge subsection (1) (2)
4: Where, as at the commencement of this Act, any person is the partner of a licensed real estate agent, that person may apply in writing to the Board for a licence on his or her
5: Notwithstanding anything to the contrary in this Act,—
a: Section 43
b: Section 54 shall not apply with respect to the business of any real estate agent who, as at the commencement of this Act, holds a current licence under the Real Estate Agents Act 1963 subsection (4) or her See section 3(4) Real Estate Agents Amendment Act 1992 23 March 1992 insertion of or her his 124(4) or her (5) The words District Court Judge substituted 1 April 1980 Magistrate 18 District Courts Amendment Act 1979
125: Repeals
The following enactments are hereby repealed:
a: The Real Estate Agents Act 1963
b: The Real Estate Agents Amendment Act 1967
c: The Real Estate Agents Amendment Act 1968 |
DLM440350 | 1976 | Maori Purposes Act 1976 | 1: Short Title
This Act may be cited as the Maori Purposes Act 1976.
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: Judges may issue practice notes
Section 3 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
4: Sittings of court
Section 4 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
5: Jurisdiction of court in respect of termination of life interests
Section 5 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
6: Swearing of affidavits outside New Zealand
Section 6 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
7: Court's jurisdiction in respect of probate, family protection, and insolvent estates abolished
Section 7 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
8: Time limits in respect of applications for confirmation
Section 8 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
9: Confirmation of resolutions for alienation of land
Section 9 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
10: Interpretation for purposes of Part 24
Section 10 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
11: Land that may be declared subject to Part 24
Section 11 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
12: Provisions as to review of rent during currency of lease and on renewal
Section 12 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
13: Advances for purchase of land
Section 13 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
14: Advances to Maori occupiers of land that is not subject to Part 24
Section 14 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
15: Court may incorporate owners as from specified date
Section 15 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
16: Application of revenues of incorporation
Section 16 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
17: Land acquired by incorporation
Section 17 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
18: Succession to undivided interests in Maori land on intestacy
Section 18 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
19: Removal of limitation on value of land included in an order vesting Maori land in successors without grant of administration
Section 19 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
20: Transfer of interest in Maori land from administrator to persons beneficially entitled
Section 20 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
21: Certain General land may again become Maori land
Section 21 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
2: Miscellaneous amendments to Maori legislation
22: Delegation of powers of Maori Trustee
Amendment(s) incorporated in the Act(s)
23: Grant to New Zealand Maori Council out of unclaimed moneys
Section 23 repealed 24 June 1996 Maori Trustee Amendment Act 1996
24: Reserved and Vested Land Purchase Fund abolished
1: The Fund established by section 41A
2: All interests in reserved land and vested land purchased by the Maori Trustee out of the Reserved and Vested Land Purchase Fund and held by him at the date of the commencement of this section shall, as from that date, be held by the Maori Trustee as assets of and for the purposes of the Conversion Fund established by Part 13 of the Maori Affairs Act 1953, and, for the purposes of that Part, shall be deemed to have been acquired by the Maori Trustee and paid for out of the said Conversion Fund.
3: A sum equal to the aggregate value of all interests in land to which subsection (2) applies, as shown in the books of the Maori Trustee at the date of the commencement of this section, together with all money standing to the credit of the Reserved and Vested Land Purchase Fund at that date, shall, on that date, be paid by the Maori Trustee to the credit of the General Purposes Fund established by section 23(1)(c)
4), (5: Amendment(s) incorporated in the Act(s)
25: Special Maori Housing Fund abolished
1: The Fund established by section 18 section 15
2: All money standing to the credit of the Special Maori Housing Fund Account at the date of the commencement of this section shall, on that date, be transferred to the credit of the Works and Trading Account constituted by section 38 of the Public Revenues Act 1953 (as substituted by section 3 of the Public Revenues Amendment Act 1963).
3: All money hereafter received by the Maori Land Board on account of principal or interest owing to the Board in respect of any advance made by the Board before the commencement of this section out of the Special Maori Housing Fund Account shall be paid to the credit of a Crown Bank Account
4: Amendment(s) incorporated in the Act(s)
5: This section shall come into force on 31 March 1977. Section 25(3) amended 25 January 2005 section 83(7) Public Finance Act 1989
26: Pukepuke Tangiora Estate
For the purpose of giving effect (with some modifications) to the recommendation of the Maori Affairs Committee of the House of Representatives on Petition numbered 44 of 1974 of Allan Gerald Sievers and Brian Grossman concerning the estate of Pukepuke Tangiora, of Pakipaki, deceased: Be it enacted as follows:
1: In addition to the powers conferred upon them by section 17 section 16 section 19 section 37 section 19
a: expend any money held by the trustees on behalf of the Estate:
b: borrow any further amount of money that may be necessary for the purpose.
2: Without limiting subsection (1), the trustees may expend any such money for the purposes of site investigations, surveys, the preparation of plans, the supervision of construction, the purchase and installation of fittings and fixtures, and any other purposes ancillary to the erection and completion of the hall.
3: The trustees may give such security, whether by way of mortgage, pledge, or otherwise, in respect of any money borrowed by them under this section, and upon such terms and subject to such conditions, as they think fit.
4: The provisions of this section shall apply notwithstanding any of the provisions of the enactments referred to in subsection (1) and notwithstanding anything in the will of the said deceased.
27: Vesting of Arahura River Bed in the Proprietors of Mawhera
1: In this section the Incorporation section 15A Mawhera Incorporation Order 1976
2: The land to which this section applies is hereby vested in the Incorporation, subject to all leases, licences, charges, and other encumbrances affecting the same at the date of the commencement of this section.
3: The land shall be, in the hands of the Incorporation, Maori freehold land.
4: The provisions of Part 4 of the Maori Affairs Amendment Act 1967 shall apply to the land hereby vested in the Incorporation in the same manner and to the same extent as they apply to land vested in the Incorporation by its order of incorporation.
5: The Chief Surveyor for the Westland Land District shall forthwith, without charge, prepare a survey plan of the land and shall deposit the plan in the office of the District Land Registrar of that district. The District Land Registrar shall then, without charge, issue a certificate of title pursuant to the Land Transfer Act 1952
6: This section applies to the following land: First, all that parcel of land in the Westland Land District, containing 23 hectares, more or less, situated in Blocks XIII and XIV, Turiwhate Survey District, being Part Rural Section 5590, and being part of the land described in the Gazette Secondly, all that parcel of land in the Westland Land District, containing 7 hectares, more or less, situated in Block XIV, Turiwhate Survey District, being Part Rural Section 5590 (formerly Part Rural Section 5140), and being part of the land described in the Gazette Thirdly, all that parcel of land in the Westland Land District, containing 252.9700 hectares, more or less, situated in Blocks III, IV, VII, VIII, and XII, Kaniere Survey District, Blocks IX, XIII, XIV, and XV, Turiwhate Survey District, and Blocks II, III, and VI, Brownings Pass Survey District, being Rural Sections 5590, 5591, and 5592 (SO Plan 9742). |
DLM440509 | 1976 | International Energy Agreement Act 1976 | 1: Short Title
This Act may be cited as the International Energy Agreement Act 1976.
2: Interpretation
In this Act, unless the context otherwise requires,— engine fuel section 1B International Energy Agency International Energy Agreement Schedule Minister petroleum
a: any naturally occurring hydrocarbon whether in a liquid or solid state; and
b: any naturally occurring mixture of hydrocarbons whether in a liquid or solid state; and
c: any naturally occurring mixture of 1 or more hydrocarbons whether in a liquid or solid state, and 1 or more of the following, namely, hydrogen sulphide, nitrogen, helium, or carbon dioxide— and includes petroleum products; but does not include coal or natural gas petroleum products production produce undertaking Section 2 engine fuel inserted 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 2 Minister substituted 2 January 1990 section 5 Energy (Fuels, Levies, and References) Act 1989
3: Proclamation of petroleum emergency
1: If at any time it appears to the Governor-General that New Zealand's obligations under the International Energy Agreement require the taking of emergency measures to deal with a reduction or threatened reduction of petroleum supplies, he may, by Proclamation approved in Executive Council, declare that a petroleum emergency exists throughout New Zealand.
2: The Governor-General may, in like manner, revoke a declaration under subsection (1) when he is satisfied that the said obligations do not for the time being require the further exercise of the powers given by this Act to make regulations or the continued existence of the powers contained in those regulations.
3: A Proclamation made under subsection (1) or (2) is secondary legislation ( see Part 3
4: Upon a Proclamation under subsection (2) coming into operation, all regulations made under section 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 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 3(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
4: Emergency regulations as to petroleum
1: The Governor-General may—
a: while a Proclamation of petroleum emergency under section 3(1)
b: after he has been informed by the Minister that the Minister has held appropriate consultations,— by Order in Council, make regulations controlling, regulating, prohibiting, or otherwise making provision as to the production, acquisition, distribution, supply, or use of petroleum or engine fuel
c: restrain demand for, or reduce consumption of, petroleum or engine fuel
d: ensure the supply of petroleum or engine fuel
2: Regulations made under subsection (1) may authorise the Minister, after he has consulted with such persons or bodies as he thinks appropriate, to give, or revoke or vary, directions—
a: to any person carrying on an undertaking in the course of which he produces petroleum or engine fuel
b: to any person carrying on an undertaking in the course of which he acquires, supplies, or distributes petroleum or engine fuel
c: to any person carrying on an undertaking which involves the use of petroleum or engine fuel
3: Without restricting the generality of subsection (2)(b), regulations made under that subsection may authorise the giving of a direction which—
a: prohibits or restricts the acquisition, supply, or distribution of petroleum or engine fuel
b: requires the supply or distribution of petroleum or engine fuel
4: For the purpose of subsection (1)(b) appropriate consultations or engine fuel
5: Regulations under this section are secondary legislation ( see Part 3
6: If regulations under this section authorise the Minister to give, revoke, or vary directions ( see also section 5(4)
a: the directions, revocation, or variation are 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 (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 4(1) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 4(1)(c) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 4(1)(d) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 4(2)(a) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 4(2)(b) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 4(2)(c) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 4(3)(a) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 4(3)(b) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 4(4) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 4(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 4(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5: Further provisions as to regulations
1: No regulation made under section 4(1)
2: Regulations made under section 4(1)
a: provide that a person acting in compliance with any such regulations, or with any direction or other instrument made thereunder, shall not be liable or held to account for contravening or failing to satisfy, whether in whole or in part, the requirements of any other enactment or of any contractual obligation relating to, or involving, the production, acquisition, distribution, supply, or use of petroleum or engine fuel
b: make any incidental, supplementary, or transitional provision which is necessary or expedient for carrying out the purposes of this Act:
c: require the payment of fees in connection with any matter which may be controlled or regulated under this Act and may prescribe the amount and incidence of those fees:
d: provide that a contravention or failure to comply therewith, or with any provision made thereunder, shall be an offence and prescribe penalties for offences not exceeding a fine of $10,000.
3:
4: Nothing in sections 4(2) 6 7 Section 5(2)(a) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 5(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
6: Maintenance of reserve supplies of petroleum
1: Subject to section 8(1) or engine fuel
2: Subject to subsection (4), the Minister may, in pursuance of subsection (1)—
a: direct any person referred to in that subsection to make such arrangements with respect to his New Zealand stocks of petroleum or engine fuel
i: enable those stocks to be brought within a specified time to, and thereafter maintained at, a specified level; and
ii: ensure that they do not fall below that level, except as may be permitted by the terms of the direction or by authority of the Minister:
b: in the case of any person referred to in the said subsection (1) who is a supplier to the New Zealand market, direct him to create New Zealand stocks of petroleum or engine fuel
3: In giving such directions, the Minister shall have regard in particular to—
a: the quantities of petroleum or engine fuel
b: the extent to which petroleum produced or supplied by the undertaking is, or will be won under the authority of licences granted under the Petroleum Act 1937 or the Crown Minerals Act 1991
4: Before giving a direction under subsection (2) the Minister shall notify the substance of the proposed direction to the person to whom he proposes to give it and shall afford him a reasonable opportunity to make representations. Any such direction shall allow the person to whom it is given a reasonable time for complying with it.
5: In this section specified Gazette section 8(1)
a: the cases and circumstances in which stocks (in New Zealand or elsewhere) are to be treated, in relation to any person, as his New Zealand stocks:
b: the extent to which stocks of a particular kind are to count towards compliance with a direction specifying stocks of another kind:
c: the method by which quantities are to be measured for different purposes.
6: Any person who without reasonable excuse contravenes or fails to comply with a direction given to him under subsection (2) commits an offence against this Act and is liable on Section 6(1) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 6(2)(a) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 6(2)(b) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 6(3)(a) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 6(3)(b) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 6(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011
7: Power to obtain information
1: The Minister may give any direction under subsection (2) to a person who in the course of an undertaking carried on by him produces, acquires, distributes, supplies, or uses petroleum or engine fuel
2: The Minister may, in pursuance of subsection (1), direct any person carrying on an undertaking—
a: to keep such books, accounts, and records relating to petroleum or engine fuel
b: to furnish, as and when specified by the Minister, returns and information relating to petroleum or engine fuel
c: to furnish, as and when specified by the Minister, information and forecasts relating to the undertaking itself or its activities.
3: Any person who without reasonable excuse contravenes or fails to comply with a direction given to him under subsection (2) commits an offence against this Act and is liable on
4: Any person who in compliance or purported compliance with a direction given under subsection (2) makes, or causes to be made on his behalf, a statement which he knows to be false or does not believe to be true commits an offence against this Act and is liable on
5:
6: Section 7(1) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 7(2)(a) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 7(2)(b) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008 Section 7(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 7(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 7(5) repealed 1 April 1987 section 25(1) Official Information Amendment Act 1987 Section 7(6) repealed 1 April 1987 section 25(1) Official Information Amendment Act 1987
8: Further provisions as to directions under sections 6 and 7
1: No direction shall be given by the Minister under subsection (2) of section 6 to any person referred to in subsection (1) of that section unless that person in the course of all undertakings carried on by him has had in New Zealand under his control in the 12 months preceding the giving of the direction an aggregate of more than 50 000 tonnes of any combination of petroleum and engine fuels
2: A direction under sections 6(2) 7(2)
a: by delivering it to the person to whom it is to be given; or
b: by leaving it at the usual or last known place of residence or business of that person; or
c: by sending it in a registered letter addressed to that person at his usual or last known place of residence or business; or
d: in the case of an incorporated company or body, by delivering it to the person appearing to be in charge of the registered or principal office of the company or body, or sending it in a registered letter addressed to the secretary or principal executive officer of the company or body at that office.
3: Any direction which is sent to a person by registered letter shall, until the contrary is proved, be deemed to have been received by him, and to have been received at the time when it would have been delivered in the ordinary course of post. In proving such receipt for the purposes of this section, it shall be sufficient to prove that the registered letter was properly addressed and posted and that the postage was paid thereon.
4: Regulations made under section 4(1) Section 8(1) amended 1 October 2008 section 17 Energy (Fuels, Levies, and References) Amendment Act 2008
9: Power of entry
1: Subject to subsection (2), a person authorised in writing by the Minister may, on production of his authorisation (if so required), enter any premises, vehicle, or vessel for the purpose of—
a: securing compliance with directions given under section 6 section 7
b: checking estimates and forecasts or verifying returns and information provided pursuant to the said section 7 and may while on such premises, vehicle, or vessel make such enquiries and inspections, and purchase or take such samples of any substance, as are allowed by the terms of his authorisation.
2: The power of entry set out in subsection (1)—
a: shall not apply to premises used only as a dwelling; and
b: may be exercised only at reasonable hours and after reasonable notice has been given to the occupier of the proposed entry.
3: section 4(1) Section 9(3) amended 1 October 2012 section 320 Search and Surveillance Act 2012
10: Liability of directors, etc, where offence committed by body corporate
Where any body corporate is convicted of an offence against this Act or against any regulation made under this Act, every director, every person concerned in the management of the body corporate, and every person purporting to be a director or to be concerned as aforesaid shall be guilty of a like offence if it is proved that the act or omission which constituted the offence was committed or took place with his authority, permission, or consent.
11: Search warrants
1: If an offence created by or under this Act has been committed or is suspected of having been committed (notwithstanding that the offence is not punishable by imprisonment), any person authorised in writing by the chief executive may exercise the powers of a constable to apply for a warrant under section 6
2: Subparts 1 3 6 7 9 10
3: For the purposes of this section, chief executive Section 11 replaced 1 October 2012 section 321 Search and Surveillance Act 2012 |
DLM439124 | 1976 | Stewart Island Reserves Empowering Act 1976 | 1: Short Title
This Act may be cited as the Stewart Island Reserves Empowering Act 1976.
2: Revocation of reservation
Notwithstanding anything in the Reserves and Domains Act 1953 Schedule
3: Validation of agreement
1: Notwithstanding anything in any Act, rule of law, or will, the agreement of the Minister of Lands to sell and of Stewart Island Air Services Limited to purchase, at a price of $7,500, the land described in the Schedule
2: The Land Settlement Board and Stewart Island Air Services Limited are hereby authorised and empowered to carry out all the terms and conditions of the said agreement and to do all things necessary to give full effect to it.
4: Authorising alienation of land
1: Notwithstanding anything in any Act, rule of law, or will, the Land Settlement Board is hereby authorised and empowered and shall be deemed always to have been authorised and empowered to alienate the land described in the Schedule Land Act 1948
2: For the purposes of the Land Act 1948
5: Application of proceeds
All money received by the Crown on the alienation of the said land shall be applied solely for the purpose of purchasing land on Stewart Island to provide public reserves subject to the Reserves and Domains Act 1953 |
DLM440944 | 1976 | Property (Relationships) Act 1976 | 1: Short Title and commencement
1: This Act may be cited as the Property (Relationships)
2: This Act shall come into force on 1 February 1977. Section 1(1) amended 1 February 2002 section 5(2) Property (Relationships) Amendment Act 2001
1: Outline of this Act
Part 1 inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001
1A: Purpose of this Part
This Part is intended—
a: to give a general indication of what this Act is about:
b: to indicate how this Act is arranged:
c: to assist readers to identify the provisions that are relevant to them. Section 1A inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001
1B: Status of this Part
This Part is intended only as a guide to the general scheme and effect of this Act. Section 1B inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001
1C: What this Act is about
1: This Act is mainly about how the property of married couples and civil union couples
2: This Act applies differently depending on the length of the marriage, civil union, or de facto relationship
a: in the case of marriages and civil unions and civil unions
b: in the case of de facto relationships, this Act usually applies only when the de facto partners have lived together for at least 3 years, but it may apply to shorter de facto relationships in certain circumstances.
3: In general, the couple's property is to be divided equally between the couple. Section 1C inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001 Section 1C(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 1C(2) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 1C(2)(a) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
1D: How this Act is arranged
1: This Act is arranged in Parts, as follows:
a: Part 1—Outline of this Act:
b: Part 2
c: Part 3
d: Part 4
e: Part 5
f: Part 6
g: Part 7
h: Part 8 partner
i: Part 9
2: Sections 1E to 1L Section 1D inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001 Section 1D(1)(h) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
1E: Part 2 (Preliminary provisions)
Part 2
a: sets out what various terms used in this Act mean:
b: provides that this Act does not apply to Maori land:
c: sets out how this Act applies to property located in New Zealand or overseas. Section 1E inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001
1F: Part 3 (Application of this Act)
1: Part 3
a: which provisions of this Act apply with respect to the division of relationship property while both spouses or partners
b: which provisions of this Act apply with respect to the division of relationship property when one spouse or partner
2: Part 3
a: sets out how this Act applies in various other circumstances (such as when one of the spouses or partners
b: sets out what happens if proceedings are commenced while both spouses or partners Section 1F inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001 Section 1F(1)(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1F(1)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 1F(2)(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1F(2)(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
1G: Part 4 (Division of relationship property)
Part 4 spouses, civil union partners, and de facto partners
a: on what basis is the relationship property to be divided?
b: what happens if the spouses or partners
c: can the court do anything to redress any disparities between the income and living standards of the spouses or partners , civil union,
d: how are the different contributions of the spouses to the marriage , or of the partners to the civil union Section 1G inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001 Section 1G amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 1G(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1G(c) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1G(c) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 1G(d) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
1H: Part 5 (Relationship property and creditors)
Part 5 partners
a: what rights do secured and unsecured creditors have against the spouses or partners partners
b: to what extent is the share of one spouse or partner partner Section 1H inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001 Section 1H amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1H(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1H(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
1I: Part 6 (Contracting out)
Part 6 partners
a: does a property agreement between the spouses or partners
b: do the spouses or partners
c: can a court overrule a property agreement? Section 1I inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001 Section 1I amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1I(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1I(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
1J: Part 7 (Proceedings under this Act)
1: Part 7
a: deals with the various powers that a court can exercise in deciding how property is to be divided between spouses or partners
b: sets out the procedures that apply to court proceedings under this Act; and
c: deals with some general issues.
2: Part 7
a: what court do applications have to be made to?
b: who can apply for a court order dividing a couple's property?
c: is there any time limit on applying for a court order?
d: can a court order be obtained stopping a person from disposing of property?
e: what happens if the spouses or partners Section 1J inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001 Section 1J(1)(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1J(2)(e) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
1K: Part 8 (Division of property where one spouse or
partner Part 8 spouses , civil union partners,
a: what if the deceased spouse or partner
b: can the estate of the deceased spouse or partner partner
c: what is the effect on rights under other legislation that relates to claims to a deceased person's property (such as the Law Reform (Testamentary Promises) Act 1949 Family Protection Act 1955 Section 1K inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001 Section 1K heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 1K amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 1K amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 1K(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 1K(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
1L: Part 9 (Transitional provisions and savings)
Part 9
a: transitional provisions, dealing with matters like—
i: how this Act applies to marriages that took place before it came into force; and
ii: the effect of this Act on proceedings commenced under legislation in force before this Act came into force; and
b: savings provisions, dealing with matters such as the effect of this Act on matrimonial settlements made before this Act came into force. Section 1L inserted 1 February 2002 section 6 Property (Relationships) Amendment Act 2001
2: Preliminary provisions
Part 2 heading inserted 1 February 2002 section 7 Property (Relationships) Amendment Act 2001 Purpose and principles Heading inserted 1 February 2002 section 7 Property (Relationships) Amendment Act 2001
1M: Purpose of this Act
The purpose of this Act is—
a: to reform the law relating to the property of married couples and civil union couples,
b: to recognise the equal contribution of both spouses of civil union partners to the civil union,
c: to provide for a just division of the relationship property between the spouses or partners or children of the civil union Section 1M inserted 1 February 2002 section 7 Property (Relationships) Amendment Act 2001 Section 1M(a) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 1M(b) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 1M(b) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 1M(c) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1M(c) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
1N: Principles
The following principles are to guide the achievement of the purpose of this Act:
a: the principle that men and women have equal status, and their equality should be maintained and enhanced:
b: the principle that all forms of contribution to the marriage partnership, civil union,
c: the principle that a just division of relationship property has regard to the economic advantages or disadvantages to the spouses or partners , civil union, , civil union,
d: the principle that questions arising under this Act about relationship property should be resolved as inexpensively, simply, and speedily as is consistent with justice. Section 1N inserted 1 February 2002 section 7 Property (Relationships) Amendment Act 2001 Section 1N(b) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 1N(c) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 1N(c) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Interpretation Heading inserted 1 February 2002 section 7 Property (Relationships) Amendment Act 2001
2: Interpretation
In this Act, unless the context otherwise requires,— administration section 2 child of the civil union
a: means any child of both civil union partners; and
b: includes any other child (whether or not a child of either civil union partner) who was a member of the family of the civil union partners—
i: at the time when they ceased to live together; or
ii: at the time immediately before an application under this Act, if at that time they had not ceased to live together; or
iii: at the date of the death of one of the civil union partners child of the de facto relationship
a: means any child of both de facto partners; and
b: includes any other child (whether or not a child of either de facto partner) who was a member of the family of the de facto partners—
i: at the time when they ceased to live together; or
ii: at the time immediately before an application under this Act, if at that time they had not ceased to live together; or
iii: at the date of the death of one of the de facto partners child of the marriage
a: means any child of both spouses; and
b: includes any other child (whether or not a child of either spouse) who was a member of the family of the spouses—
i: at the time when they ceased to live together; or
ii: at the time immediately before an application under this Act, if at that time they had not ceased to live together; or
iii: at the date of the death of one of the spouses; and
c: if the marriage was immediately preceded by a de facto relationship or civil union or civil union Commonwealth country
a: means a country that is an independent sovereign member of the Commonwealth; and
b: includes every territory for whose international relations the Government of such a country is responsible; and
c: also includes the Republic of Ireland as if it were an independent sovereign member of the Commonwealth contribution section 18 court
a: the Family Court; or
b: if another court has jurisdiction in the proceedings, that court de facto partner section 2C de facto relationship section 2D distribution section 46 dwellinghouse section 122 family chattels
a: means chattels of the following kind that either or both of the spouses or partners
i: household furniture:
ii: household appliances, effects, or equipment:
iii: articles of household or family use or amenity or of household ornament, including tools, garden effects and equipment:
iv: motor vehicles, caravans, trailers, or boats, used wholly or principally, in each case, for family purposes:
v: accessories of a chattel to which subparagraph (iv) applies:
vi: household pets; and
b: includes any of the chattels mentioned in paragraph (a) that are in the possession of either or both spouses or partners
c: does not include—
i: chattels used wholly or principally for business purposes:
ii: money or securities for money:
iii: heirlooms:
iv: taonga family home
a: means the dwellinghouse that either or both of the spouses or partners
b: includes a joint family home homestead
a: means a family home where the dwellinghouse that comprises the family residence is situated on an unsubdivided part of land that is not used wholly or principally for the purposes of the household; but
b: does not include a family home that is occupied—
i: pursuant to a licence to occupy within the meaning of section 122
ii: because of the ownership of a specified share of any estate or interest in the land on which the dwellinghouse that comprises the family residence is situated and by reason of reciprocal agreements with the owners of the other shares; or
iii: in the case of a flat or town house that is part of a block of flats or town houses or is one of a number of flats or town houses situated on the same piece of land, under a lease or other arrangement that entitles the occupants of the flat or town house to exclusive possession of it joint family home Joint Family Homes Act 1964 lawyer
a: other than in Part 6 section 65 section 6
b: in Part 6 section 65
i: in the case of a document signed in New Zealand, means a lawyer (as defined in section 6
ii: in the case of a document signed in a Commonwealth country outside New Zealand, means a lawyer (as defined in section 6
iii: in the case of a document signed in a country that is not a Commonwealth country, means a lawyer (as defined in section 6 life insurance policy
a: means a policy of assurance taken out by one spouse or partner party A partner party B
i: the policy is for the benefit of party A or party B:
ii: the proceeds are payable on the death of the assured or on the occurrence of a specified event or otherwise; and
b: includes the proceeds of such a policy of assurance payable to a surviving spouse or partner partner
c: does not include either of the following kinds of policy, or the proceeds of a policy of either of those kinds:
i: a policy that was fully paid up at the time the marriage , civil union,
ii: a policy where a third person is beneficially entitled to the proceeds of the policy marriage section 2A option A option B section 61 owner partner spouse or partner personal debt section 20 proceedings sections 51 96 97(3) property
a: real property:
b: personal property:
c: any estate or interest in any real property or personal property:
d: any debt or any thing in action:
e: any other right or interest protected interest section 20B Registrar relationship debt section 20 relationship of short duration section 2E relationship property section 8 separate property section 9 small estate superannuation scheme entitlement
a: means any pension, benefit, or right to which either spouse or partner , civil union, , civil union,
b: if Part 8 partner partner voluntary agreement
a: made between spouses or partners who are parties to proceedings; and
b: providing for one spouse or partner to pay sums of money to the other spouse or partner for the maintenance of—
i: the other spouse or partner:
ii: a child of the marriage or child of the civil union or child of the de facto relationship. Section 2 replaced 1 February 2002 section 8 Property (Relationships) Amendment Act 2001 Section 2 child of the civil union inserted 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 2 child of the marriage amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 2 court replaced 1 March 2017 section 261 District Court Act 2016 Section 2 dwellinghouse amended 12 November 2018 section 250 Land Transfer Act 2017 Section 2 family chattels amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 2 family chattels amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 2 family home amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 2 homestead amended 12 November 2018 section 250 Land Transfer Act 2017 Section 2 lawyer replaced 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 2 life insurance policy amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 2 life insurance policy amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 2 life insurance policy amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 2 partner inserted 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 2 superannuation scheme entitlement amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 2 superannuation scheme entitlement amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 2 superannuation scheme entitlement amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 2 voluntary agreement replaced 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
2A: Meaning of marriage
1: In this Act, marriage
a: is void; or
b: is ended while both spouses are alive by a legal process that occurs within or outside New Zealand; or
c: is ended by the death of one of the spouses, whether within or outside New Zealand;— and husband spouse wife
2: For the purposes of this Act, the marriage of 2 people
a: they cease to live together as a married couple
b: their marriage is dissolved; or
c: one of them dies. Section 2A inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001 Section 2A(2) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 2A(2)(a) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013
2AB: Meaning of civil union
1: In this Act, civil union
a: is void; or
b: is ended while both civil union partners are alive by a legal process that occurs within New Zealand; or
c: is ended by the death of one of the civil union partners, whether within or outside New Zealand.
2: For the purposes of this Act, the civil union of 2 civil union partners ends if—
a: they cease to live together as civil union partners; or
b: their civil union is dissolved; or
c: one of them dies. Section 2AB inserted 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
2B: Marriage includes immediately preceding de facto relationship
For the purposes of this Act, if a marriage was immediately preceded by a de facto relationship between the 2 spouses ( A B Example of marriage including immediately preceding de facto relationship—
If the de facto relationship of A and B lasts 2 years, and their marriage lasts 2 years, their marriage must be treated as if it—
a: began 4 years ago; and
b: lasted 4 years. Section 2B inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001 Section 2B amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013
2BAA: Civil union includes immediately preceding de facto relationship
For the purposes of this Act, if a civil union was immediately preceded by a de facto relationship between the 2 civil union partners ( A B Example of civil union including immediately preceding de facto relationship
If the de facto relationship of A and B lasts 1 year, and their civil union lasts 2 years, the civil union must be treated as if it—
a: began 3 years ago; and
b: lasted 3 years. Section 2BAA inserted 18 May 2009 section 4 Property (Relationships) Amendment Act 2008
2BA: Immediately preceding marriage or civil union
For the purposes of this Act,—
a: if a marriage was immediately preceded by a civil union between the spouses
b: if a civil union was immediately preceded by a marriage between the civil union partners, the marriage must be treated as if it were part of the civil union. Section 2BA inserted 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 2BA(a) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013
2C: Meaning of de facto partner
For the purposes of this Act, a person is another person's de facto partner Section 2C inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001
2D: Meaning of de facto relationship
1: For the purposes of this Act, a de facto relationship (regardless of their sex, sexual orientation, or gender identity)
a: who are both aged 18 years or older; and
b: who live together as a couple; and
c: who are not married to , or in a civil union with,
2: In determining whether 2 persons live together as a couple, all the circumstances of the relationship are to be taken into account, including any of the following matters that are relevant in a particular case:
a: the duration of the relationship:
b: the nature and extent of common residence:
c: whether or not a sexual relationship exists:
d: the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties:
e: the ownership, use, and acquisition of property:
f: the degree of mutual commitment to a shared life:
g: the care and support of children:
h: the performance of household duties:
i: the reputation and public aspects of the relationship.
3: In determining whether 2 persons live together as a couple,—
a: no finding in respect of any of the matters stated in subsection (2), or in respect of any combination of them, is to be regarded as necessary; and
b: a court is entitled to have regard to such matters, and to attach such weight to any matter, as may seem appropriate to the court in the circumstances of the case.
4: For the purposes of this Act, a de facto relationship ends if—
a: the de facto partners cease to live together as a couple; or
b: one of the de facto partners dies. Property (Relationships) Act 1984 s 4(1)–(3) (NSW) Section 2D inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001 Section 2D(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2D(1)(c) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
2E: Meaning of relationship of short duration
1: In this Act, relationship of short duration
a: in relation to a marriage or civil union, a marriage or civil union in which the spouses or partners have lived together in the marriage or civil union—
i: for a period of less than 3 years; or
ii: for a period of 3 years or longer, if the court, having regard to all the circumstances of the marriage or civil union, considers it just to treat the marriage or civil union as a relationship of short duration:
ab:
b: in relation to a de facto relationship, a de facto relationship in which the de facto partners have lived together as de facto partners—
i: for a period of less than 3 years; or
ii: for a period of 3 years or longer, if the court, having regard to all the circumstances of the de facto relationship, considers it just to treat the de facto relationship as a relationship of short duration.
2: For the purposes of paragraphs (a)(i) a married couple , civil union partners, Section 2E inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001 Section 2E(1)(a) replaced 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 2E(1)(ab) repealed 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 2E(2) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 2E(2) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Dates at which shares and values determined Heading inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001
2F: Date at which shares to be determined
1: For the purposes of this Act, the share of a spouse or partner in the relationship property is to be determined as at the following date:
a: if the spouses' marriage, the civil union partners' civil union, or the de facto partners' de facto relationship has not ended, the date of the application to the court:
b: if the spouses' marriage, the civil union partners' civil union, or the de facto partners' de facto relationship has ended (other than by the death of one of the spouses or partners), the date on which their marriage, civil union, or de facto relationship ended.
2: In proceedings commenced after the death of one of the spouses or partners section 79
3: This section is subject to Part 6 Section 2F inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001 Section 2F(1) replaced 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 2F(2) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
2G: Date at which value of property to be determined
1: For the purposes of this Act, the value of any property to which an application under this Act relates is to be determined as at the date of the hearing of that application by the court of first instance.
2: However, the court of first instance or, on an appeal the High Court, Court of Appeal, or Supreme Court
3: This section is subject to Part 6 Section 2G inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001 Section 2G(2) amended 1 January 2004 section 48(1) Supreme Court Act 2003 Determination of use to which property put Heading inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001
2H: Determination of use to which property put
1: This section applies where the classification of any property as relationship property or as any particular type of relationship property depends on the use to which it has been put.
2: Where this section applies, that classification is to be determined—
a: by the use to which it was put by the spouses or partners
b: if the marriage , civil union, partners , civil union,
3: In proceedings commenced after the death of one of the spouses or partners section 80 Section 2H inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001 Section 2H(2)(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 2H(2)(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 2H(2)(b) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 2H(3) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Application Heading inserted 1 February 2002 section 8 Property (Relationships) Amendment Act 2001
3: Act to bind Crown
This Act shall bind the Crown.
4: Act a code
1: This Act applies instead of the rules and presumptions of the common law and of equity to the extent that they apply—
a: to transactions between spouses or partners
b: in cases for which this Act provides, to transactions—
i: between both spouses or partners
ii: between either spouse or partner
2: Subsection (1) does not apply where this Act expressly provides to the contrary (such as in subsection (5)).
3: Without limiting the generality of subsection (1),—
a: the presumption of advancement does not apply between husband and wife:
b: the presumption of resulting trust does not apply between spouses , civil union partners,
c: the presumption that the use of a wife's income by her husband with her consent during the marriage is a gift does not apply between husband and wife.
4: Where, in proceedings that are not proceedings under this Act, any question relating to relationship property arises between spouses or partners
5: This section does not apply if the de facto partners have lived in a de facto relationship for less than 3 years.
6: However, if the court makes an order under section 25(1)(a)
a: subsection (5) does not apply; and
b: the question must be decided as if it had been raised in proceedings under this Act. Section 4 replaced 1 February 2002 section 9 Property (Relationships) Amendment Act 2001 Section 4(1)(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 4(1)(b)(i) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 4(1)(b)(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 4(3)(b) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 4(3)(b) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 4(4) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
4A: Other enactments to be read subject to this Act
Every enactment must be read subject to this Act, unless this Act or the other enactment expressly provides to the contrary. Section 4A inserted 1 February 2002 section 9 Property (Relationships) Amendment Act 2001
4B: Law relating to trustees preserved
1: Nothing in section 4 section 4A partner
2: For the purposes of this section, every enactment and every rule of law or of equity continues to operate and apply accordingly as if sections 4 4A Section 4B inserted 1 February 2002 section 9 Property (Relationships) Amendment Act 2001 Section 4B(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
4C: Application to existing and future de facto relationships
1: This Act applies to—
a: de facto relationships that began before 1 February 2002; and
b: de facto relationships that begin on or after 1 February 2002.
2: This Act does not apply to de facto relationships that ended before 1 February 2002. Section 4C inserted 1 February 2002 section 9 Property (Relationships) Amendment Act 2001
4D: Application to de facto relationships that end on separation or death
This Act applies to de facto relationships that end—
a: while both de facto partners are alive; or
b: when one of the de facto partners dies. Section 4D inserted 1 February 2002 section 9 Property (Relationships) Amendment Act 2001
5: Act to apply only during joint lifetime of spouses
Section 5 repealed 1 February 2002 section 10 Property (Relationships) Amendment Act 2001
6: Maori land not affected
Nothing in this Act shall apply in respect of any Maori land within the meaning of Te Ture Whenua Maori Act 1993 Section 6 amended 1 February 2002 section 11 Property (Relationships) Amendment Act 2001
7: Application to movable or immovable property
1: This Act applies to immovable property that is situated in New Zealand.
2: This Act applies to movable property that is situated in New Zealand or elsewhere, if one of the spouses or partners
a: at the date of an application made under this Act; or
b: at the date of any agreement between the spouses or partners
c: at the date of his or her death.
3: Despite subsection (2), if any order under this Act is sought against a person who is neither domiciled nor resident in New Zealand, the court may decline to make an order in respect of any movable property that is situated outside New Zealand. Section 7 replaced 1 February 2002 section 12 Property (Relationships) Amendment Act 2001 Section 7(2) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 7(2)(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
7A: Application where spouses or
partners
1: This Act applies in any case where the spouses or partners
2: Subject to subsections (1) and (3), this Act does not apply to any relationship property if—
a: the spouses or partners , civil union,
b: the agreement is in writing or is otherwise valid according to the law of that country.
3: Subsection (2) does not apply if the court determines that the application of the law of the other country under an agreement to which that subsection applies would be contrary to justice or public policy. Section 7A inserted 1 February 2002 section 12 Property (Relationships) Amendment Act 2001 Section 7A heading amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 7A(1) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 7A(2)(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 7A(2)(a) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Nature of relationship Heading amended 1 February 2002 section 13 Property (Relationships) Amendment Act 2001
8: Relationship
1: Relationship
a: the family
b: the family chattels whenever acquired; and
c: all property owned jointly or in common in equal shares by the married couple or by the partners
d: all property owned by either spouse or partner , civil union,
i: the property was acquired in contemplation of the marriage , civil union,
ii: the property was intended for the common use or common benefit of both spouses or partners
e: subject to sections 9(2) to (6) 9A 10 partner , civil union,
ee: subject to sections 9(3) to (6) 9A 10 , civil union, partners
i: the property was acquired out of property owned by either spouse or partner , civil union,
ii: the property was acquired out of the proceeds of any disposition of any property owned by either spouse or partner , civil union,
f:
g: the proportion of the value of any life insurance policy (as defined in section 2 , civil union,
h: any policy of insurance in respect of any property described in paragraphs (a) to (ee); and
i: the proportion of the value of any superannuation scheme entitlements (as defined in section 2 , civil union,
j: all other property that is relationship property under an agreement made under Part 6
k: any other property that is relationship property by virtue of any other provision of this Act or by virtue of any other Act; and
l: any income and gains derived from, the proceeds of any disposition of, and any increase in the value of, any property described in paragraphs (a) to (k).
2: In proceedings commenced after the death of one of the spouses or partners section 83 Section 8 heading amended 1 February 2002 section 14(5) Property (Relationships) Amendment Act 2001 Section 8(1) amended 1 February 2002 section 14(1)(a) Property (Relationships) Amendment Act 2001 Section 8(1)(a) amended 1 February 2002 section 14(1)(b) Property (Relationships) Amendment Act 2001 Section 8(1)(c) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 8(1)(c) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 8(1)(c) amended 1 February 2002 section 14(1)(c) Property (Relationships) Amendment Act 2001 Section 8(1)(d) replaced 1 February 2002 section 14(2) Property (Relationships) Amendment Act 2001 Section 8(1)(d) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 8(1)(d) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 8(1)(d)(i) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 8(1)(d)(ii) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 8(1)(e) replaced 1 February 2002 section 14(2) Property (Relationships) Amendment Act 2001 Section 8(1)(e) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 8(1)(e) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 8(1)(ee) replaced 1 February 2002 section 14(2) Property (Relationships) Amendment Act 2001 Section 8(1)(ee) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 8(1)(ee) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 8(1)(ee)(i) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 8(1)(ee)(i) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 8(1)(ee)(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 8(1)(ee)(ii) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 8(1)(f) repealed 1 February 2002 section 14(3) Property (Relationships) Amendment Act 2001 Section 8(1)(g) replaced 1 February 2002 section 14(3) Property (Relationships) Amendment Act 2001 Section 8(1)(g) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 8(1)(h) replaced 1 February 2002 section 14(3) Property (Relationships) Amendment Act 2001 Section 8(1)(i) replaced 1 February 2002 section 14(3) Property (Relationships) Amendment Act 2001 Section 8(1)(i) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 8(1)(j) replaced 1 February 2002 section 14(3) Property (Relationships) Amendment Act 2001 Section 8(1)(k) replaced 1 February 2002 section 14(3) Property (Relationships) Amendment Act 2001 Section 8(1)(l) inserted 1 February 2002 section 14(3) Property (Relationships) Amendment Act 2001 Section 8(2) inserted 1 February 2002 section 14(4) Property (Relationships) Amendment Act 2001 Section 8(2) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
9: Separate property defined
1: All property of either spouse or partner
2: Subject to sections 8(1)(ee) 9A(3) 10
3: Subject to section 9A
4: The following property is separate property, unless the court considers that it is just in the circumstances to treat the property or any part of the property as relationship property:
a: all property acquired by either spouse or partner a married couple or as civil union partners
b: all property acquired, after the death of one spouse or partner partner section 84
5: Subject to subsection (6), all property acquired by either spouse or partner section 25(3)) partners
6: However, where relationship property has been divided on the bankruptcy of a spouse or partner
a: the family home and any family chattels acquired after that division may be relationship property; and
b: any other property acquired by either spouse or partner partner Section 9 replaced 1 February 2002 section 15 Property (Relationships) Amendment Act 2001 Section 9(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 9(4)(a) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 9(4)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 9(4)(a) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 9(4)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 9(5) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 9(5) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 9(6) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 9(6)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
9A: When separate property becomes relationship property
1: If any increase in the value of separate property, or any income or gains derived from separate property, were attributable (wholly or in part) to the application of relationship property, then the increase in value or (as the case requires) the income or gains are relationship property.
2: If any increase in the value of separate property, or any income or gains derived from separate property, were attributable (wholly or in part, and whether directly or indirectly) to actions of the other spouse or partner
a: the increase in value or (as the case requires) the income or gains are relationship property; but
b: the share of each spouse or partner partner
3: Any separate property, or any proceeds of the disposition of any separate property, or any increase in the value of, or any income or gains derived from, separate property, is relationship property if that separate property or (as the case requires) those proceeds or the increase in value or the income or gains are used—
a: with the express or implied consent of the spouse or partner
b: for the acquisition or improvement of, or to increase the value of, or the amount of any interest of either spouse or partner section 8(1)
4: Subsection (3) is subject to section 10 Section 9A inserted 1 February 2002 section 15 Property (Relationships) Amendment Act 2001 Section 9A(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 9A(2)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 9A(3)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 9A(3)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
10: Property acquired by succession or by survivorship or as a beneficiary under a trust or by gift
1: Subsection (2) applies to the following property:
a: property that a spouse or partner
i: by succession; or
ii: by survivorship; or
iii: by gift; or
iv: because the spouse or partner
b: the proceeds of a disposition of property to which paragraph (a) applies:
c: property acquired out of property to which paragraph (a) applies.
2: Property to which this subsection applies is not relationship property unless, with the express or implied consent of the spouse or partner
3: Property that one spouse or partner partner partners
4: Regardless of subsections (2) and (3) and section 9(4) Part 6 Section 10 replaced 1 February 2002 section 15 Property (Relationships) Amendment Act 2001 Section 10(1)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 10(1)(a)(iv) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 10(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 10(3) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 10(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
3: Application of this Act
Part 3 inserted 1 February 2002 section 16 Property (Relationships) Amendment Act 2001
10A: Application of Act to division of relationship property where both spouses or
partners This Act (other than Part 8 partners section 25(2) partners Section 10A inserted 1 February 2002 section 16 Property (Relationships) Amendment Act 2001 Section 10A heading amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 10A amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
10B: Application of Act to division of relationship property on death of spouse or
partner
1: This Act (including Part 8 partners
a: one of the spouses or partners section 10D(1)
b: in the case of spouses, one of them dies before 1 February 2002 and, at the date of that spouse's death, no proceedings have been commenced between the spouses under this Act or the Matrimonial Property Act 1963
2: Subsection (1) applies whether or not a situation described in section 25(2) partners Section 10B inserted 1 February 2002 section 16 Property (Relationships) Amendment Act 2001 Section 10B heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 10B(1) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 10B(1)(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 10B(2) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
10C: Application of Act in other circumstances
This Act also applies—
a: in the circumstances described in sections 4(4) 21H 43(1) 44(1) 45(1) 51(2) partners partners
b: in the circumstances described in sections 25(3) 28(1) partners partners partners
c: in the circumstances described in sections 20 to 20F
i: while both spouses or partners
ii: if a spouse or partner sections 20 to 20F partner
iii: if a surviving spouse or partner partner partner
d: in the circumstances described in sections 58 59 partners
e: in the circumstances described in section 87 partners Section 10C inserted 1 February 2002 section 16 Property (Relationships) Amendment Act 2001 Section 10C(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 10C(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 10C(c)(i) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 10C(c)(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 10C(c)(iii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 10C(d) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 10C(e) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
10D: Proceedings
1: If proceedings under this Act, or to which this Act applies, are commenced while both spouses or partners sections 61 to 95
2: Nothing in subsection (1) prevents any proceedings from being discontinued.
3: If a surviving spouse or partner section 61
a: sections 76 to 78
b: sections 2 to 53A sections 79 to 94 Section 10D inserted 1 February 2002 section 16 Property (Relationships) Amendment Act 2001 Section 10D(1) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 10D(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
4: Division of relationship property
Part 4 heading inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Division of relationship property: general Heading replaced 1 February 2002 section 17 Property (Relationships) Amendment Act 2001
11: Division of relationship property
1: On the division of relationship property under this Act, each of the spouses or partners
a: the family home; and
b: the family chattels; and
c: any other relationship property.
2: This section is subject to the other provisions of this Part. Section 11 replaced 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 11(1) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
11A: Where family home sold
1: If the family home has been sold, each spouse or partner
a: either spouse or partner
b: that home has not been acquired:
c: at the date of the application to the court, not more than 2 years have elapsed since the date when those proceeds were received or became payable, whichever is the later.
2: This section is subject to sections 12 to 17A Section 11A inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 11A(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 11A(1)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
11B: Compensation for absence of interest in family home
1: This section applies where—
a: section 11A
b: either—
i: there is no family home; or
ii: the family home is not owned by one of the spouses or partners
2: Where this section applies, the court must award each spouse or partner
3: This section is subject to sections 12 to 17A Section 11B inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 11B(1)(b)(ii) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 11B(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Homesteads Heading inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001
12: Homesteads
1: If the family home is a homestead that is owned by either spouse or partner section 11(1)(a)
2: Instead, each spouse or partner partner
3: If a spouse or partner partner
4: This section is subject to sections 13 to 17A Section 12 replaced 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 12(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 12(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 12(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
12A: Valuation of homestead
For the purposes of section 12 Section 12A inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Exception to equal sharing Heading inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001
13: Exception to equal sharing
1: If the court considers that there are extraordinary circumstances that make equal sharing of property or money under section 11 section 11A section 11B section 12 or of each civil union partner to the civil union
2: This section is subject to sections 14 to 17A Section 13 replaced 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 13(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Relationships of short duration Heading inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001
14: Marriages of short duration
1: This section applies if a marriage is a relationship of short duration (as defined in section 2E
2: If this section applies, sections 11(1)(a), 11(1)(b) 11A 11B 12
a: to any asset owned wholly or substantially by one spouse at the date on which the marriage began; or
b: to any asset that has come to one spouse, after the date on which the marriage began,—
i: by succession; or
ii: by survivorship; or
iii: as the beneficiary under a trust; or
iv: by gift from a third person; or
c: where the contribution of one spouse to the marriage has clearly been disproportionately greater than the contribution of the other spouse.
3: In every case to which subsection (2) applies,—
a: the share of each spouse in the relationship property is to be determined in accordance with the contribution of each spouse to the marriage; and
b: the share of each spouse in any other relationship property that falls for division under sections 11(1)(a), 11(1)(b) 11A 11B 12 sections 11(1)(a), 11(1)(b) 11A 11B 12
4: If this section applies, each spouse is entitled to share equally in any relationship property that falls for division under section 11(1)(c)
5: If, under subsection (4), the spouses do not share equally in any relationship property, the share of each spouse in that relationship property is to be determined in accordance with the contribution of each spouse to the marriage.
6: This section is subject to sections 15 to 17A
7: In proceedings commenced after the death of one of the spouses, this section is modified by section 85 Section 14 replaced 1 February 2002 section 17 Property (Relationships) Amendment Act 2001
14AA: Civil unions of short duration
1: This section applies if a civil union is a relationship of short duration (as defined in section 2E
2: If this section applies, sections 11(1)(a), 11(1)(b) 11A 11B 12
a: to any asset owned wholly or substantially by one civil union partner at the date on which the civil union began; or
b: to any asset that has come to one civil union partner, after the date on which the civil union began,—
i: by succession; or
ii: by survivorship; or
iii: as the beneficiary under a trust; or
iv: by gift from a third person; or
c: where the contribution of one civil union partner to the civil union has clearly been disproportionately greater than the contribution of the other civil union partner.
3: In every case to which subsection (2) applies,—
a: the share of each civil union partner in the relationship property is to be determined in accordance with the contribution of each civil union partner to the civil union; and
b: the share of each civil union partner in any other relationship property that falls for division under sections 11(1)(a), 11(1)(b) 11A 11B 12 sections 11(1)(a), 11(1)(b) 11A 11B 12
4: If this section applies, each civil union partner is entitled to share equally in any relationship property that falls for division under section 11(1)(c)
5: If, under subsection (4), the civil union partners do not share equally in any relationship property, the share of each civil union partner in that relationship property is to be determined in accordance with the contribution of each civil union partner to the civil union.
6: This section is subject to sections 15 to 17A
7: In proceedings commenced after the death of one of the civil union partners, this section is modified by section 85 Section 14AA inserted 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
14A: De facto relationships of short duration
1: This section applies if a de facto relationship is a relationship of short duration (as defined in section 2E
2: If this section applies, an order cannot be made under this Act for the division of relationship property unless—
a: the court is satisfied—
i: that there is a child of the de facto relationship; or
ii: that the applicant has made a substantial contribution to the de facto relationship; and
b: the court is satisfied that failure to make the order would result in serious injustice.
3: If this section applies, and the court is satisfied that the grounds specified in subsection (2) for making an order on an application under this Act are made out, the share of each de facto partner in the relationship property is to be determined in accordance with the contribution of each de facto partner to the de facto relationship.
4: Nothing in this section prevents a court from making a declaration or an order under section 25(3)
5: This section is subject to sections 15 to 17A Section 14A inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Court may make orders to redress economic disparities Heading replaced 1 February 2002 section 17 Property (Relationships) Amendment Act 2001
15: Court may award lump sum payments or order transfer of property
1: This section applies if, on the division of relationship property, the court is satisfied that, after the marriage , civil union, partner party B partner party A , civil union,
2: In determining whether or not to make an order under this section, the court may have regard to—
a: the likely earning capacity of each spouse or partner
b: the responsibilities of each spouse or partner for the ongoing daily care of any minor or dependent children of the marriage, civil union, or de facto relationship:
c: any other relevant circumstances.
3: If this section applies, the court, if it considers it just, may, for the purpose of compensating party A,—
a: order party B to pay party A a sum of money out of party B's relationship property:
b: order party B to transfer to party A any other property out of party B's relationship property.
4: This section overrides sections 11 to 14A Section 15 replaced 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 15(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 15(1) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 15(2)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 15(2)(b) replaced 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
15A: Orders where spouse or
partner
1: This section applies if, on the division of relationship property, the court is satisfied—
a: that, after the marriage , civil union, partner party B partner party A , civil union, partners
b: that any increase in the value of party B's separate property was attributable, wholly or in part, and whether directly or indirectly, to the actions of party B while the spouses or partners
2: In determining whether or not to make an order under this section, the court may have regard to—
a: the likely earning capacity of each spouse or partner
b: the responsibilities of each spouse or partner for the ongoing daily care of any minor or dependent children of the marriage, civil union, or de facto relationship:
c: any other relevant circumstances.
3: If this section applies, the court, if it considers it just, may, for the purpose of compensating party A for the increase in value of party B's separate property,—
a: order party B to pay party A a sum of money, whether out of relationship property or separate property:
b: order party B to transfer to party A any other property, whether the property is relationship property or separate property.
4: This section does not limit section 15 sections 11 to 14A Section 15A inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 15A heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 15A(1)(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 15A(1)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 15A(1)(a) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 15A(1)(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 15A(2)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 15A(2)(b) replaced 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Other provisions relating to division of relationship property Heading inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001
16: Adjustment when each spouse or
partner
1: This section applies if,—
a: at the date the marriage , civil union, partner
b: each of those homes was capable of becoming a family home; but
c: at the time when the relationship property is to be divided, the home (or the proceeds of the sale of the home) of only one spouse or partner
2: This section also applies if,—
a: before the marriage , civil union, partner
b: each of those homes was capable of becoming a family home; and
c: one of the spouses or partners party A , civil union,
d: at the time when the relationship property is to be divided,—
i: the home (or the proceeds of the sale of the home) of the other spouse or partner party B
ii: the proceeds of the sale of party A's home are not included in the relationship property.
3: If this section applies, the court may adjust the shares of the spouses or partners partner
4: This section overrides sections 11 to 14A Section 16 replaced 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 16 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 16(1)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 16(1)(a) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 16(1)(c) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 16(2)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 16(2)(a) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 16(2)(c) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 16(2)(c) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 16(2)(d)(i) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 16(3) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 16(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
17: Sustenance of separate property
1: This section applies if the separate property of one spouse or partner party A
a: the application of relationship property; or
b: the actions of the other spouse or partner party B
2: If this section applies, the court may—
a: increase the share to which party B would otherwise be entitled in the relationship property; or
b: order party A to pay party B a sum of money as compensation.
3: This section overrides sections 11 to 14A Section 17 replaced 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 17(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 17(1)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
17A: Diminution of separate property
1: If the separate property of one spouse or partner partner partner
2: This section overrides sections 11 to 14A Section 17A inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 17A(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
18: Contributions of spouses or
partners
1: For the purposes of this Act, a contribution to the marriage , civil union,
a: the care of—
i: any child of the marriage, civil union, or de facto relationship:
ii: any aged or infirm relative or dependant of either spouse or partner
b: the management of the household and the performance of household duties:
c: the provision of money, including the earning of income, for the purposes of the marriage , civil union,
d: the acquisition or creation of relationship property, including the payment of money for those purposes:
e: the payment of money to maintain or increase the value of—
i: the relationship property or any part of that property; or
ii: the separate property of the other spouse or partner
f: the performance of work or services in respect of—
i: the relationship property or any part of that property; or
ii: the separate property of the other spouse or partner
g: the forgoing of a higher standard of living than would otherwise have been available:
h: the giving of assistance or support to the other spouse or partner
i: enables the other spouse or partner
ii: aids the other spouse or partner
2: There is no presumption that a contribution of a monetary nature (whether under subsection (1)(c) or otherwise) is of greater value than a contribution of a non-monetary nature. Section 18 replaced 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 18 heading amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 18(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 18(1)(a)(i) replaced 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 18(1)(a)(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 18(1)(c) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 18(1)(e)(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 18(1)(f)(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 18(1)(h) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 18(1)(h)(i) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 18(1)(h)(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
18A: Effect of misconduct of spouses or
partners
1: Except as permitted by subsections (2) and (3), a court may not take any misconduct of a spouse or partner partner
2: Subject to subsection (3), the court may take into account any misconduct of a spouse or
a: in determining the contribution of a spouse to the marriage, or of a civil union partner to the civil union,
b: in determining what order it should make under any of sections 26 26A 27 28 28B 28C 33
3: For conduct to be taken into account under subsection (2), the conduct must have been gross and palpable and must have significantly affected the extent or value of the relationship property. Section 18A inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 18A heading amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 18A(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 18A(2) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 18A(2)(a) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
18B: Compensation for contributions made after separation
1: In this section, relevant period , civil union, , civil union, partners
2: If, during the relevant period, a spouse or partner party A , civil union, , civil union,
a: order the other spouse or partner party B
b: order party B to transfer to party A any property, whether the property is relationship property or separate property.
3: In proceedings commenced after the death of one of the spouses or partners section 86 Section 18B inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 18B(1) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 18B(1) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 18B(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 18B(2) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 18B(2)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 18B(3) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
18C: Compensation for dissipation of relationship property after separation
1: In this section, relevant period section 18B
2: If, during the relevant period, the relationship property has been materially diminished in value by the deliberate action or inaction of one spouse or partner party B partner party A
a: order party B to pay party A a sum of money:
b: order party B to transfer to party A any property, whether the property is relationship property or separate property.
3: In proceedings commenced after the death of one of the spouses or partners section 86 Section 18C inserted 1 February 2002 section 17 Property (Relationships) Amendment Act 2001 Section 18C(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 18C(3) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
5: Relationship property and creditors
Part 5 heading inserted 1 February 2002 section 18 Property (Relationships) Amendment Act 2001
19: Effect of Act while property is undivided
Except as otherwise expressly provided in this Act, nothing in the Act shall—
a: affect the title of any third person to any property, or affect the power of either spouse or partner
b: limit or affect the operation of any mortgage, charge, or other security for the repayment of a debt given by either spouse or partner Section 19(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 19(a) amended 1 February 2002 section 19 Property (Relationships) Amendment Act 2001 Section 19(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 19(b) amended 1 February 2002 section 19 Property (Relationships) Amendment Act 2001
20: Interpretation
1: In sections 20A to 20E personal debt
a: a debt that is not a relationship debt:
b: a debt to the extent that it is not a relationship debt relationship debt
a: by the spouses or partners
b: in the course of a common enterprise carried on by the spouses or partners
c: for the purpose of acquiring, improving, or maintaining relationship property; or
d: for the benefit of both spouses or partners
e: for the purpose of bringing up any child of the marriage, civil union, or de facto relationship.
2: To avoid any doubt, for a debt to fall within paragraph (c) of the definition of relationship debt in subsection (1), it is not necessary that, at the time at which the debt was incurred, the property for which it was incurred was relationship property, as long as the property later becomes relationship property. Section 20 replaced 1 February 2002 section 20 Property (Relationships) Amendment Act 2001 Section 20(1) relationship debt amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 20(1) relationship debt amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 20(1) relationship debt amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 20(1) relationship debt replaced 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
20A: Rights of creditors preserved
1: Secured and unsecured creditors of a spouse or partner partner partner
2: If, had this Act not been passed, any property would have passed to the Official Assignee on or following the bankruptcy of a spouse or partner
3: This section—
a: is subject to section 20B
b: applies except as otherwise expressly provided in this Act. Section 20A inserted 1 February 2002 section 20 Property (Relationships) Amendment Act 2001 Section 20A(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 20A(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
20B: Protected interest in family home
1: Each spouse or partner
a: where section 11A
b: where section 11B
c: where section 12
2: The protected interest of a spouse or partner partner
a: by the spouses or partners
b: by the spouse or partner
3: The value of the protected interest of a spouse or partner
a: where section 11
i: the specified sum; or
ii: one-half of the equity of the spouses or partners
b: where section 11A
i: the specified sum; or
ii: one-half of the proceeds of the sale of the family home:
c: where section 11B section 12
i: the specified sum; or
ii: one-half of the property or money shared under the applicable section.
4: In this section, specified sum section 53A Section 20B inserted 1 February 2002 section 20 Property (Relationships) Amendment Act 2001 Section 20B(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 20B(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 20B(2)(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 20B(2)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 20B(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 20B(3)(a)(ii) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
20C: Payment of protected interest on bankruptcy of other spouse or
partner
1: If, on the bankruptcy of a spouse or partner section 11A partner
a: the amount of the protected interest of the other spouse or partner
b: so much of that amount as remains after the Official Assignee has paid the debts specified in subsection (2).
2: The debts referred to in subsection (1)(b) are as follows:
a: any debts secured on the family home or homestead or, as the case may be, the proceeds of sale of the family home:
b: any unsecured debt incurred—
i: by the spouses or partners
ii: by the spouse or partner
3: If, on the bankruptcy of a spouse or partner section 11B partner partner partner Section 20C inserted 1 February 2002 section 20 Property (Relationships) Amendment Act 2001 Section 20C heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 20C(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 20C(1)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 20C(2)(b)(i) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 20C(2)(b)(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 20C(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
20D: Calculation of net value of relationship property
The value of the relationship property that may be divided between the spouses or partners
a: ascertaining the total value of the relationship property; and then
b: deducting from that total any secured or unsecured relationship debts owed by either or both spouses or partners Section 20D inserted 1 February 2002 section 20 Property (Relationships) Amendment Act 2001 Section 20D amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 20D(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
20E: Compensation for satisfaction of personal debts
1: If a secured or unsecured personal debt of one spouse or partner party A partner party B
a: an order increasing proportionately the share to which party B would otherwise be entitled in the relationship property:
b: an order that property that is part of party A's separate property be treated as relationship property for the purposes of any division of relationship property under this Act:
c: an order that party A pay party B a sum of money as compensation.
2: The court may make an order under this section on its own initiative, but must make an order under this section if party B applies for such an order.
3: This section applies whether the debt was paid or satisfied voluntarily or pursuant to legal process. Section 20E inserted 1 February 2002 section 20 Property (Relationships) Amendment Act 2001 Section 20E(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
20F: Application of Joint Family Homes Act 1964
Nothing in sections 20 to 20E Joint Family Homes Act 1964 Section 20F inserted 1 February 2002 section 20 Property (Relationships) Amendment Act 2001
6: Contracting out
Part 6 heading inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 When persons can contract out Heading replaced 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21: Spouses or
partners
1: Spouses , civil union partners, , civil union
2: An agreement made under this section may relate to the status, ownership, and division of property in either or both of the following circumstances:
a: during the joint lives of the spouses or partners
b: when one of the spouses or partners
3: This section is subject to section 47 Section 21 replaced 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Section 21 heading amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 21(1) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 21(1) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 21(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 21(2)(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 21(2)(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
21A: Spouses or
partners
1: Spouses or civil union partners
2: This section is subject to section 47 Section 21A inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Section 21A heading amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 21A(1) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 21A(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
21B: Surviving spouse or
partner
1: This section applies—
a: when proceedings are commenced while both spouses or partners partner
b: when one spouse or partner partner partner
2: If this section applies, a surviving spouse or partner survivor partner partners
3: If the survivor is also the sole executor or sole administrator of the estate of the deceased spouse or partner
4: Subsection (3) does not apply if a grant of administration is not required.
5: This section is subject to section 47 Section 21B inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Section 21B heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 21B(1)(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 21B(1)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 21B(1)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 21B(2) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 21B(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 21B(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
21C: Court may be asked to approve agreement between surviving spouse or
partner
1: If a surviving spouse or partner partner section 21B
2: If the court approves the agreement, the agreement has effect in accordance with section 21B Section 21C inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Section 21C heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 21C(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Subject matter of agreement Heading inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21D: Subject matter of agreement
1: An agreement under section 21 section 21A section 21B
a: provide that any property, or any class of property, is to be relationship property or is to be separate property:
b: define the share of the relationship property, or of any part of the relationship property, that each spouse or partner , civil union,
c: define the share of the relationship property, or of any part of the relationship property, that the surviving spouse or partner partner partners
d: provide for the calculation of those shares:
e: prescribe the method by which the relationship property, or any part of the relationship property, is to be divided.
2: This section does not limit the generality of sections 21 to 21B Section 21D inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Section 21D(1)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 21D(1)(b) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 21D(1)(c) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 21D(1)(c) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Model forms of agreement Heading inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21E: Regulations prescribing model forms of agreement
1: The purpose of this section is to minimise the legal expenses of people who wish to enter into an agreement under section 21 section 21A section 21B
2: The Governor-General may, by Order in Council, make regulations prescribing model forms of agreement for the purposes of section 21 section 21A section 21B
3: Use of a prescribed model form of agreement is optional.
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 21E inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Section 21E(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Procedural requirements Heading inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21F: Agreement void unless complies with certain requirements
1: Subject to section 21H section 21 section 21A section 21B
2: The agreement must be in writing and signed by both parties.
3: Each party to the agreement must have independent legal advice before signing the agreement.
4: The signature of each party to the agreement must be witnessed by a lawyer.
5: The lawyer who witnesses the signature of a party must certify that, before that party signed the agreement, the lawyer explained to that party the effect and implications of the agreement. Section 21F inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21G: Other grounds of invalidity not affected
Section 21F Section 21G inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21H: Court may give effect to agreement in certain circumstances
1: Even though an agreement is void for non-compliance with a requirement of section 21F
2: The court may make a declaration under this section in the course of any proceedings under this Act, or on application made for the purpose. Section 21H inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Agreements by minors Heading inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21I: Agreements entered into by minors
1: Subject to subsection (2), if a minor enters into an agreement under section 21 section 21A section 21B
2: If a minor who is younger than 18 years, and is not and has not been married or in a civil union section 21 section 21A section 21B
3: An approval may be given on application by the minor before or after the agreement has been signed by the parties. Section 21I inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Section 21I(2) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Court may set agreement aside Heading inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21J: Court may set agreement aside if would cause serious injustice
1: Even though an agreement satisfies the requirements of section 21F
2: The court may exercise the power in subsection (1) in the course of any proceedings under this Act, or on application made for the purpose.
3: This section does not limit or affect any enactment or rule of law or of equity that makes a contract void, voidable, or unenforceable on any other ground.
4: In deciding, under this section, whether giving effect to an agreement made under section 21 section 21A section 21B
a: the provisions of the agreement:
b: the length of time since the agreement was made:
c: whether the agreement was unfair or unreasonable in the light of all the circumstances at the time it was made:
d: whether the agreement has become unfair or unreasonable in the light of any changes in circumstances since it was made (whether or not those changes were foreseen by the parties):
e: the fact that the parties wished to achieve certainty as to the status, ownership, and division of property by entering into the agreement:
f: any other matters that the court considers relevant.
5: In deciding, under this section, whether giving effect to an agreement made under section 21B partner Section 21J inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Section 21J(5) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Miscellaneous provisions Heading inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21K: Agreements made for valuable consideration
1: Every agreement under section 21 section 21A section 21B
2: Nothing in this section limits or affects the manner of determining, for the purposes of the Estate and Gift Duties Act 1968 Section 21K inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21L: Enforcement of agreements
1: Remedies that, under any enactment or rule of law or of equity, are available for the enforcement of contracts may be used for the enforcement of agreements under section 21 section 21A section 21B
2: This section is subject to the provisions of this Part. Section 21L inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21M: Consequences of invalidity of agreement
If an agreement purporting to be made under section 21 section 21A section 21B section 21J Section 21M inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21N: Other powers and capacities not affected
1: Nothing in this Part limits or affects the capacity of either spouse or partner
2: Nothing in this Part limits or affects the power of spouses or partners
3: Regardless of any rule of law, a gift between spouses or partners
4: Subsection (3) does not apply to de facto partners who have lived in a de facto relationship for less than 3 years. Section 21N inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Section 21N(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 21N(2) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 21N(3) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
21O: Application of Act to relationship property not subject to agreement
Relationship property is subject to the provisions of this Act if neither of the following kinds of agreement applies to the property:
a: an agreement under section 21 section 21A section 21B
b: an agreement to which section 21P section 21Q section 21Q Section 21O inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Agreements made before 1 August 2001 Heading inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21P: Agreements made before 1 August 2001 between de facto partners
1: This section applies to any agreement—
a: that is made, before 1 August 2001, by de facto partners, or by any 2 persons in contemplation of entering into a de facto relationship; and
b: that is made with respect to the status, ownership, or division of their property.
2: An agreement to which subsection (1) applies—
a: may relate to existing or future property, or both:
b: may relate to the status, ownership, or division of property in either or both of the following circumstances:
i: during the joint lives of the de facto partners:
ii: when one of them dies.
3: Subsection (2) does not limit the generality of subsection (1). Section 21P inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21Q: Agreements made before 1 August 2001 between spouses relating to division of property on death
This section applies to any agreement—
a: that is made, before 1 August 2001, by a husband and wife, or by any 2 persons in contemplation of marriage; and
b: that is made with respect to, or to the extent that it is made with respect to, the status, ownership, or division of their property when one of them dies. Section 21Q inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21R: Agreements to have effect as if Act not passed
1: The following agreements, to the extent that the agreements were valid and would have been enforceable before 1 August 2001, have effect as if this Act had not been passed:
a: an agreement to which section 21P
b: an agreement to which section 21Q
2: This section is subject to section 47 Section 21R inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21S: Agreements made under previous section 21 before 1 August 2001
Any agreement made before 1 August 2001 under section 21 section 21 section 21A Section 21S inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001 Agreements made between 1 August 2001 and 31 January 2002, where marriage or de facto relationship ends before 1 February 2002 Heading inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
21T: Agreements made under this Part before 1 February 2002, where marriage or de facto relationship ends before that date
1: This section applies to any agreement made under section 21
a: the agreement is made, on or after 1 August 2001 and before 1 February 2002, by 2 de facto partners, or by any 2 persons in contemplation of entering into a de facto relationship; and
b: the agreement is made with respect to the status, ownership, or division of their property—
i: during the joint lives of the de facto partners:
ii: when one of them dies; and
c: the de facto relationship ends before 1 February 2002.
2: This section also applies to any agreement made under section 21
a: the agreement is made, on or after 1 August 2001 and before 1 February 2002, by a husband and wife, or by any 2 persons in contemplation of marriage; and
b: the agreement is made with respect to, or to the extent that it is made with respect to, the status, ownership, or division of their property when one of them dies; and
c: one of the spouses dies before 1 February 2002.
3: The following agreements, to the extent that the agreements were valid and would have been enforceable before 1 August 2001, have effect as if this Act had not been passed:
a: an agreement to which subsection (1) applies:
b: an agreement to which subsection (2) applies, or to the extent that subsection (2) applies.
4: This section is subject to section 47 Section 21T inserted 1 August 2001 section 21(1) Property (Relationships) Amendment Act 2001
7: Proceedings under this Act
Part 7 heading inserted 1 February 2002 section 22 Property (Relationships) Amendment Act 2001 General Heading replaced 1 February 2002 section 22 Property (Relationships) Amendment Act 2001
22: Jurisdiction
1: Every application under this Act must be heard and determined in the Family Court
2: This section is subject to any other provision of this Act that confers jurisdiction on any other court.
3:
4:
5: Section 22 replaced 1 February 2002 section 23 Property (Relationships) Amendment Act 2001 Section 22(1) amended 1 March 2017 section 261 District Court Act 2016 Section 22(3) repealed 31 March 2014 section 4 Property (Relationships) Amendment Act (No 2) 2013 Section 22(4) repealed 31 March 2014 section 4 Property (Relationships) Amendment Act (No 2) 2013 Section 22(5) repealed 31 March 2014 section 4 Property (Relationships) Amendment Act (No 2) 2013
23: Who can apply
1: The following persons may apply for an order under section 25(1)(a) or (b) section 25(3)
a: either spouse or partner
b: any person on whom the spouses or partners
2: The Official Assignee in bankruptcy of the property of either spouse or partner section 25(1)(a) section 25(1)(b) section 25(3)
3: If one of the spouses or partners section 88 section 10D(1)) Section 23 replaced 1 February 2002 section 24 Property (Relationships) Amendment Act 2001 Section 23(1)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 23(1)(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 23(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 23(3) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
24: Time limits for making applications
1: The following time limits apply in relation to applications made under this Act:
a: an application made after a marriage or civil union or civil union
b: an application made after an order has been made declaring a marriage or civil union ab initio
c: an application made after a de facto relationship has ended must be made no later than 3 years after the de facto relationship ended.
2: Regardless of subsection (1), the court may extend the time for making an application after hearing—
a: the applicant; and
b: any other persons who would have an interest in the property that would be affected by the order sought and who the court considers should be heard.
3: The court's power under this section extends to cases where the time for applying has already expired.
4: If one of the spouses or partners section 89 section 10D(1) Section 24 replaced 1 February 2002 section 25 Property (Relationships) Amendment Act 2001 Section 24(1)(a) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 24(1)(b) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 24(4) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
25: When court may make orders
1: On an application under section 23
a: make any order it considers just—
i: determining the respective shares of each spouse or partner
ii: dividing the relationship property or any part of that property between the spouses or partners
b: make any other order that it is empowered to make by any provision of this Act.
2: The court may not make an order under subsection (1) unless it is satisfied,—
a: in the case of a marriage or civil union
i: that the spouses or civil union partners
ii: that the marriage or civil union
b: in the case of a de facto relationship, that the de facto partners no longer have a de facto relationship with each other; or
c: that one spouse or partner
d: that either spouse or partner
3: Regardless of subsection (2), the court may at any time make any order or declaration relating to the status, ownership, vesting, or possession of any specific property as it considers just.
4: To avoid any doubt, but without limiting subsection (3), if proceedings under this Act are pending, the court, if it considers it appropriate in the circumstances, may make an interim order under that subsection for the sale of any relationship property, and may give any directions it thinks fit with respect to the proceeds.
5: This section is subject to the other provisions of this Act.
6: In proceedings commenced after the death of one of the spouses or partners section 91 Section 25 replaced 1 February 2002 section 25 Property (Relationships) Amendment Act 2001 Section 25(1)(a)(i) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 25(1)(a)(ii) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 25(2)(a) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 25(2)(a)(i) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 25(2)(a)(i) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 25(2)(a)(ii) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 25(2)(c) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 25(2)(d) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 25(6) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Orders for benefit of children of marriage, civil union, or de facto relationship Heading inserted 1 February 2002 section 25 Property (Relationships) Amendment Act 2001 Heading amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
26: Orders for benefit of children of marriage
, civil union, or de facto relationship
1: In proceedings under this Act, the court must have regard to the interests of any minor or dependent children of the marriage, civil union, or de facto relationship and, if it considers it just, may make an order settling the relationship property or any part of that property for the benefit of the children of the marriage, civil union, or de facto relationship or of any of them.
2: If the court makes an order under subsection (1), the court may reserve such interest (if any) of either spouse or partner
3: An order under this section may be made and has effect regardless of any agreement under Part 6 Section 26 replaced 1 February 2002 section 25 Property (Relationships) Amendment Act 2001 Section 26 heading amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 26(1) replaced 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 26(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Postponement of sharing Heading inserted 1 February 2002 section 25 Property (Relationships) Amendment Act 2001
26A: Postponement of sharing
1: On the division of relationship property under this Act, the court may make an order postponing the vesting of any share in the relationship property, either wholly or in part, until a specified future date or until the occurrence of a specified event if the court is satisfied that immediate vesting would cause undue hardship for a spouse or partner , civil union, or de facto relationship
2: The court may order postponement of vesting under this section only for as long as necessary, and only to the extent necessary, to alleviate the undue hardship.
3: Nothing in this section limits section 33 Section 26A inserted 1 February 2002 section 25 Property (Relationships) Amendment Act 2001 Section 26A(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 26A(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Occupation orders, tenancy orders, and furniture orders Heading inserted 1 February 2002 section 25 Property (Relationships) Amendment Act 2001
27: Occupation orders
1: The court may make an order granting to either spouse or partner family relationship
2: Where an order is made under subsection (1), the person in whose favour it is made shall be entitled, to the exclusion of the other spouse or partner family
3: a spouse or partner
4: An order made under subsection (1) by the District Court or the Family Court is enforceable as if it were an order for recovery of land made pursuant to section 79(2)(c)
5: In proceedings commenced after the death of one of the spouses or partners section 91 1963 No 71 s 57 Section 27(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 27(1) amended 1 February 2002 section 26(1)(a) Property (Relationships) Amendment Act 2001 Section 27(1) amended 1 February 2002 section 26(1)(b) Property (Relationships) Amendment Act 2001 Section 27(1) amended 1 February 2002 section 26(1)(c) Property (Relationships) Amendment Act 2001 Section 27(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 27(2) amended 1 February 2002 section 26(2)(a) Property (Relationships) Amendment Act 2001 Section 27(2) amended 1 February 2002 section 26(2)(b) Property (Relationships) Amendment Act 2001 Section 27(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 27(3) amended 1 February 2002 section 26(3)(a) Property (Relationships) Amendment Act 2001 Section 27(3) amended 1 February 2002 section 26(3)(b) Property (Relationships) Amendment Act 2001 Section 27(4) replaced 1 March 2017 section 261 District Court Act 2016 Section 27(5) inserted 1 February 2002 section 26(4) Property (Relationships) Amendment Act 2001 Section 27(5) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
28: Orders with respect to tenancy
1: Regardless of section 23 partner partner applicant
1A: The court may not make an order under this section unless, at the time of the making of the order,—
a: the spouse or partner other party
b: the other party is a tenant of the dwellinghouse; and
c: either spouse or partner
2: On the taking effect of an order made under subsection (1), unless the tenancy is sooner lawfully determined, the applicant shall become 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 that order, and the other party shall cease to be the tenant. Every such order shall have 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 section or in any order made under this section shall be construed to limit or affect the operation of any enactment or rule of law for the time being applicable to any tenancy to which this section applies or to the dwellinghouse held under the tenancy, or to authorise the court to vary, except by vesting or revesting the tenancy pursuant to this section, any express or implied term or condition of the tenancy.
4: On the application of the other party or his or her personal representative in any case in which an order is made under subsection (1), the court may, if it thinks fit, make an order discharging the first-mentioned order and revesting the tenancy accordingly.
5: On the taking effect of any revesting order made under subsection (4), unless the tenancy is sooner lawfully determined, the person in whose favour it is made shall become 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.
5A: In this section, dwellinghouse
a: any furniture or other chattels let with the building or part of a building; and
b: any land, outbuildings, or parts of buildings included in the tenancy.
6: For the purposes of this section, the term tenant tenancy
7: In proceedings commenced after the death of one of the spouses or partners section 91 1963 No 71 s 60 Section 28(1) replaced 1 February 2002 section 27(1) Property (Relationships) Amendment Act 2001 Section 28(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 28(1A) inserted 1 February 2002 section 27(1) Property (Relationships) Amendment Act 2001 Section 28(1A)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 28(1A)(c) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 28(5A) inserted 10 July 1987 Matrimonial Property Amendment Act 1987 Section 28(7) inserted 1 February 2002 section 27(2) Property (Relationships) Amendment Act 2001 Section 28(7) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
28A: Factors affecting occupation orders and orders with respect to tenancy
1: The court—
a: in determining whether to make an order under section 27(1) section 28(1)
b: in determining, in relation to an order made under section 27(1) shall have particular regard to the need to provide a home for any minor or , civil union, or de facto relationship, and may also have regard to all other relevant circumstances
2: Nothing in this section shall limit the generality of section 26(1)
3: In proceedings commenced after the death of one of the spouses or partners section 91 Section 28A inserted 1 January 1984 Matrimonial Property Amendment Act (No 2) 1983 Section 28A(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 28A(1) amended 1 February 2002 section 28(1)(a) Property (Relationships) Amendment Act 2001 Section 28A(3) inserted 1 February 2002 section 28(2) Property (Relationships) Amendment Act 2001 Section 28A(3) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
28B: Ancillary furniture order
1: On or after making an occupation order under section 27(1) section 28(1)
2: An order made under this section may be for such period, and on such terms and conditions, as the court thinks fit. Section 28B replaced 1 February 2002 section 29 Property (Relationships) Amendment Act 2001
28C: Furniture required to equip another household
1: Regardless of section 23 partner applicant
a: the family home or any other premises forming part of the relationship property; or
b: any dwellinghouse in respect of which a tenancy order could be made under section 28(1)
2: Either spouse or partner
3: The court may make an order under this section only if it is satisfied that the furniture, household appliances, and household effects are reasonably required to equip another dwellinghouse in which the applicant is or will be living (whether alone or with 1 or more children of the marriage , civil union, or de facto relationship
4: In determining whether to make an order under this section, the court must have particular regard to any need of the applicant to have suitable furniture, household appliances, and household effects to provide for the needs of any children of the marriage , civil union, or de facto relationship, where those children live, or will be living, with the applicant
5: Subsection (4) does not limit section 26(1)
6: An order made under this section may be for such period, and on such terms and conditions, as the court thinks fit. 1995 No 86 s 67 Section 28C inserted 1 February 2002 section 29 Property (Relationships) Amendment Act 2001 Section 28C(1) amended 26 April 2005 section 3(2) Property Relationships Amendment Act 2005 Section 28C(2) amended 26 April 2005 section 3(2) Property Relationships Amendment Act 2005 Section 28C(3) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 28C(4) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
28D: Effect of furniture orders
1: The person in whose favour an order is made under section 28B section 28C
2: An order to which this section applies 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 order is made. 1995 No 86 ss 64 68 Section 28D inserted 1 February 2002 section 29 Property (Relationships) Amendment Act 2001
28E: Family Violence Act 2018 does not limit or affect powers to make orders
The Family Violence Act 2018 section 27 section 28 section 28B section 28C section 33 1995 No 86 s 128 Section 28E inserted 1 July 2019 section 259(1) Family Violence Act 2018 Hire purchase agreements Heading inserted 1 February 2002 section 29 Property (Relationships) Amendment Act 2001
29: Orders when property subject to hire purchase agreement
Where any property which is the subject of an application under this Act is in the possession of either or both spouses or partners or partner 1963 No 71 s 62(4) Section 29 amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 29 amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 29 amended 1 February 2002 section 30(a) Property (Relationships) Amendment Act 2001 Section 29 amended 1 February 2002 section 30(b) Property (Relationships) Amendment Act 2001 Insurance policies Heading inserted 1 February 2002 section 31 Property (Relationships) Amendment Act 2001
30: Orders in relation to insurance policies
Where an application under this Act relates to any policy of assurance or insurance the court may—
a: vest the policy in either spouse or partner or partner
b: direct the payment of a proportion of the surrender or paid-up value from one spouse or partner
c: make such other order as it thinks just. Section 30(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 30(a) amended 1 February 2002 section 32(a) Property (Relationships) Amendment Act 2001 Section 30(a) amended 1 February 2002 section 32(b) Property (Relationships) Amendment Act 2001 Section 30(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 30(b) amended 1 February 2002 section 32(b) Property (Relationships) Amendment Act 2001 Superannuation scheme entitlements Heading inserted 1 February 2002 section 33 Property (Relationships) Amendment Act 2001
31: Orders in relation to superannuation rights
1: Where the relationship section 8(1)(i) either spouse or partner or partner
2: A copy of any arrangement or deed entered into pursuant to subsection (1) may be served on the manager of the superannuation scheme from which the entitlement is derived.
3: Where a copy of any such arrangement or deed is served on any such manager he or she Section 31(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 31(1) amended 1 February 2002 section 34(1)(a) Property (Relationships) Amendment Act 2001 Section 31(1) amended 1 February 2002 section 34(1)(b) Property (Relationships) Amendment Act 2001 Section 31(1) amended 1 February 2002 section 34(1)(c) Property (Relationships) Amendment Act 2001 Section 31(1) amended 1 February 2002 section 34(1)(d) Property (Relationships) Amendment Act 2001 Section 31(3) amended 1 February 2002 section 34(2) Property (Relationships) Amendment Act 2001 Orders relating to maintenance and child support Heading inserted 1 February 2002 section 35 Property (Relationships) Amendment Act 2001
32: Orders relating to maintenance and child support
1: In any proceedings, the court must have regard to—
a: any order made under the Family Proceedings Act 1980 partner
b: any child support payable by one spouse or partner Child Support Act 1991 , civil union, or de facto relationship; and
c: any voluntary agreement, whether or not the agreement has been accepted under Part 3
2: In any proceedings, the court, if it considers it just, may—
a: make an order under the Family Proceedings Act 1980 partner
b: discharge, vary, extend, or suspend an order made under the Family Proceedings Act 1980 partner
c: make any order in relation to child support that may be made under section 106 section 109 section 112 section 104 section 108 section 112
d: cancel, vary, extend, or suspend a voluntary agreement.
3: An order made under this Act in respect of relationship property is not sufficient by itself to support—
a: an application under section 99 partner
b: an application for an order under Part 7
c: the cancellation, variation, extension, or suspension of a voluntary agreement. Section 32 replaced 1 February 2002 section 35 Property (Relationships) Amendment Act 2001 Section 32(1)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 32(1)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 32(1)(b) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 32(2)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 32(2)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 32(3)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Ancillary powers Heading inserted 1 February 2002 section 35 Property (Relationships) Amendment Act 2001
33: Ancillary powers of court
1: The court may make all such other orders and give such directions as may be necessary or expedient to give effect, or better effect, to any order made under any of the provisions of sections 25 to 32
2: The court may, at any time it thinks fit, extend, vary, cancel, or discharge any order made under any of the provisions of sections 26 to 32
3: In particular, but without limiting the generality of subsections (1) and (2), the court may make any 1 or more of the following orders:
a: an order for the sale of the relationship property or any part of the relationship property, and for the division, vesting, or settlement of the proceeds:
b: in the case of property owned by both spouses or partners partners
c: an order vesting the relationship property, or any part of the relationship property, in either spouse or partner
d: an order postponing the vesting of any share in the relationship property, or any part of such share, until a future date specified in the order or until the occurrence of a future event specified in the order:
e: an order for the partition or vesting of any property:
f: in the case of property owned by one spouse or partner partners
g: in the case of property owned by both spouses or partners
h: an order for the cancellation of the settlement of a joint family home:
i: an order for the payment of a sum of money by one spouse or partner
j: an order for the transfer of land, or of any interest in land, including a lease, licence, or tenancy:
k: an order for the transfer of shares or stock, or of mortgages, charges, debentures, or other securities, or of the title or documents of title of any property:
l: an order for the transfer of rights or obligations under any instrument or contract, and an order of this kind has effect regardless of any provision or term of the instrument or contract:
m: an order varying the terms of any trust or settlement, other than a trust under a will or other testamentary disposition:
n: in the case of money or other property that is part of the separate property of one spouse or partner partner
4: Where under any order made under this Act one spouse or partner
5: Where, pursuant to this Act, the court makes an order for the sale of any relationship
6: Any order under this Act may, subject to the provisions of this Act, be made upon such terms and subject to such conditions (if any) as the court thinks fit.
7: Where the court, by any order under this Act, appoints a person (including a Registrar or other officer of the court) to sell any property and to divide, apply, and settle the proceeds, the court may make provision in that order for the payment of remuneration to that person and for the reimbursement of his or her Section 33(3) replaced 1 February 2002 section 36(1) Property (Relationships) Amendment Act 2001 Section 33(3)(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 33(3)(c) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 33(3)(f) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 33(3)(f) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 33(3)(g) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 33(3)(i) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 33(3)(n) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 33(4) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 33(4) amended 1 February 2002 section 36(2) Property (Relationships) Amendment Act 2001 Section 33(5) amended 1 February 2002 section 36(3) Property (Relationships) Amendment Act 2001 Section 33(7) inserted 1 January 1984 Matrimonial Property Amendment Act (No 2) 1983 Section 33(7) amended 1 February 2002 section 36(4) Property (Relationships) Amendment Act 2001
34: Discretion of court as to orders
Where application is made to the court for any order under any provision of this Act, the court may, subject to the provisions of the Act, make any other order under this Act which could have been made if application for that other order had been made when the first-mentioned application was made. 1963 No 71 s 78 Miscellaneous provisions Heading inserted 1 February 2002 section 37 Property (Relationships) Amendment Act 2001
35: Attendance at hearings
Section 11A Family Court Act 1980
a: in the Family Court:
b: in any other court, in which case—
i: references in that section to the Family Court or court must be read as references to that other court; and
ii: references in that section to the Family Court Judge or the Judge must be read as references to the Judge presiding at the hearing. Section 35 replaced 18 May 2009 section 5 Property (Relationships) Amendment Act 2008 Section 35 amended 1 March 2017 section 261 District Court Act 2016 Section 35(a) replaced 1 March 2017 section 261 District Court Act 2016
35A: 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 35A replaced 18 May 2009 section 6 Property (Relationships) Amendment Act 2008 Section 35A amended 1 March 2017 section 261 District Court Act 2016 Section 35A(a) replaced 1 March 2017 section 261 District Court Act 2016
36: Evidence
Section 36 repealed 31 March 2014 section 17A(h) Family Courts Act 1980
37: Persons entitled to be heard
1: Before any order is made under this Act, such notice as the court directs shall be given to any person having an interest in the property which would be affected by the order, and any such person shall be entitled to appear and to be heard in the matter as a party to the application.
2: In proceedings commenced after the death of one of the spouses or partners section 92 1963 No 72 s 7(1) Section 37(2) inserted 1 February 2002 section 40 Property (Relationships) Amendment Act 2001 Section 37(2) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
37A: Court may appoint lawyer for children
1: The court may appoint a lawyer to represent any minor or dependent children of the marriage or, as the case requires, any minor or dependent children of the civil union or
2: Fees payable to a lawyer appointed under subsection (1), and reasonable expenses incurred,—
a: must be determined in accordance with regulations made under section 16D Family Court Act 1980
b: must be paid by 1 or more of the parties to the proceedings as ordered by the court.
3:
4: Section 37A inserted 1 February 2002 section 41 Property (Relationships) Amendment Act 2001 Section 37A(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 37A(2)(a) replaced 31 March 2014 section 5 Property (Relationships) Amendment Act (No 2) 2013 Section 37A(2)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 37A(3) repealed 15 July 2014 section 4 Property (Relationships) Amendment Act 2013 Section 37A(4) repealed 15 July 2014 section 4 Property (Relationships) Amendment Act 2013
38: Inquiries, and settlement of schemes
1: The court may, on any application under this Act, appoint the Registrar of the court, or such other person as the court thinks fit, to make an inquiry into the matters of fact in issue between the parties, and to report thereon to the court.
2: A copy of every such report shall be given to the lawyer by a lawyer
3: The court may, on any application under this Act, with the consent of the parties, appoint the Registrar of the court, or such other person as the court thinks fit, to settle a scheme in respect of the property comprised in the application and to submit it to the court for approval.
4: Fees payable to any person (other than the Registrar) appointed under subsection (1) or subsection (3), and reasonable expenses incurred,—
a: may be determined in accordance with regulations made under this Act; and
b: are payable out of public money appropriated by Parliament for the purpose: provided that, if the court thinks proper, it may order any party to refund to the Crown such amount as the court specifies in respect of those fees and expenses, and that amount shall be a debt due to the Crown by that party and, in default of payment of the amount, payment thereof may be enforced, by order of the District Court Section 38(2) amended 1 February 2002 section 42(a) Property (Relationships) Amendment Act 2001 Section 38(2) amended 1 February 2002 section 42(b) Property (Relationships) Amendment Act 2001 Section 38(4) replaced 1 July 1994 Matrimonial Property Amendment Act 1994 Section 38(4)(b) replaced 3 June 1998 Matrimonial Property Amendment Act 1998 Section 38(4) proviso amended 1 March 2017 section 261 District Court Act 2016 Transfer of proceedings Heading inserted 31 March 2014 section 6 Property (Relationships) Amendment Act (No 2) 2013
38A: Transfer of proceedings to High Court
1: A Family Court Judge may order the transfer of proceedings to the High Court if the Judge is satisfied that the High Court is the more appropriate venue for dealing with the proceedings.
2: In considering whether to make an order under subsection (1), the Judge must have regard to—
a: the complexity of the proceedings or of any question in issue in the proceedings:
b: any proceedings before the High Court that are between the same parties and that involve related issues:
c: any other matter that the Judge considers relevant in the circumstances.
3: An order may be made under subsection (1) on—
a: the application of a party to the proceedings; or
b: the court's initiative.
4: Any proceedings transferred to the High Court by an order made under subsection (1) continue in that court as if they had been properly commenced there. Section 38A inserted 31 March 2014 section 6 Property (Relationships) Amendment Act (No 2) 2013 Appeals Heading inserted 1 February 2002 section 43 Property (Relationships) Amendment Act 2001
39: Right of appeal to High Court
1: This subsection applies to a decision of the Family Court or the
a: make or refuse to make an order; or
b: dismiss the proceedings; or
c: otherwise finally determine the proceedings.
2: A party to proceedings in which there is made a decision to which subsection (1) applies, or any other person prejudicially affected by the decision, may appeal to the High Court against the decision.
3: The High Court Rules 2016 sections 126 to 130 section 124
4: On the ex parte section 126(1)
5: Subsection (4) overrides subsection (3).
6: If the appeal relates to proceedings commenced after the death of one of the spouses or partners section 93 Section 39 replaced 24 November 2003 section 4 District Courts Amendment Act 2002 Section 39(1) amended 1 March 2017 section 261 District Court Act 2016 Section 39(3) replaced 1 March 2017 section 261 District Court Act 2016 Section 39(4) amended 1 March 2017 section 261 District Court Act 2016 Section 39(6) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
39A: Procedure on appeal to High Court
Section 39A repealed 24 November 2003 section 4 District Courts Amendment Act 2002
39B: Appeals to Court of Appeal
1: The provisions of the Senior Courts Act 2016
2:
3: The High Court or the Court of Appeal may, if it thinks that the interests of justice so require,—
a: rehear the whole or any part of the evidence; or
b: receive further evidence. Section 39B inserted 1 February 2002 section 43 Property (Relationships) Amendment Act 2001 Section 39B heading amended 1 January 2004 section 48(1) Supreme Court Act 2003 Section 39B(1) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 39B(2) repealed 1 January 2004 section 48(1) Supreme Court Act 2003 Costs Heading inserted 1 February 2002 section 44 Property (Relationships) Amendment Act 2001
40: Costs
Subject to any rules of procedure made for the purposes of this Act, in any proceedings under this Act the court may make such order as to costs as it thinks fit. Registration of orders Heading inserted 1 February 2002 section 45 Property (Relationships) Amendment Act 2001
41: Registration of orders
1: Where an order made under this Act relates to any estate or interest in land, a copy of the order sealed with the seal of the court shall, upon application by either of the parties and upon payment of the prescribed fee, be registered by the Registrar-General of Land Mining Tenures Registration Act 1962 Land Transfer Act 2017
2: For the purposes of this section an order to which this section applies shall cease to have effect where—
a: the order is discharged or cancelled by the court under section 33(2)
b: the person in whose favour and the person against whom the order is made so agree in writing and the agreement is signed and witnessed in accordance with section 21F(2), (4), and (5)
c: the period for which the order was made has expired; or
d: the court so directs in any other case.
3: Where the Registrar-General of Land
4: Where an order made under any of the provisions of this Act relates to any stocks, shares or other company securities, or to any other property the title to which passes upon or is evidenced by registration, the foregoing provisions of this section shall apply with all necessary modifications to such stocks, shares, securities or other property as if they were estates or interests in land. 1963 No 71 ss 57(9), (10), (11), 59(4) Section 41(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 41(2)(b) amended 1 February 2002 section 46 Property (Relationships) Amendment Act 2001 Section 41(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Protection of spouses' or partners' Heading amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Heading amended 1 February 2002 section 47 Property (Relationships) Amendment Act 2001
42: Notice of interest against title
1: A claim to an interest, pursuant to this Act, in any land subject to the Land Transfer Act 2017
2: Notice of a claim under subsection (1) shall be effected by lodging a duly completed notice in the prescribed form Registrar-General of Land
3: Every notice so lodged shall have effect as if it were a caveat section 138 , except section 141
a: any application under section 142 143 the Family Court or the District Court
b: an order under section 146 the Family Court or the District Court or the High Court
4: In the case of land that is not subject to the Land Transfer Act 2017
5: A notice under subsection (2) or subsection (4) may be registered notwithstanding that no proceedings under this Act are pending or in contemplation, and notwithstanding that there is no dispute between the parties. Section 42(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 42(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 42(2) amended 1 February 2002 section 48(1) Property (Relationships) Amendment Act 2001 Section 42(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 42(3) amended 1 June 2002 section 65(4) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 42(3) amended 4 November 1982 Land Transfer Amendment Act 1982 Section 42(3)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 42(3)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 42(3)(a) amended 1 February 2002 section 48(2)(a) Property (Relationships) Amendment Act 2001 Section 42(3)(b) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 42(3)(b) amended 1 March 2017 section 261 District Court Act 2016 Section 42(3)(b) amended 1 February 2002 section 48(2)(b) Property (Relationships) Amendment Act 2001 Section 42(4) amended 12 November 2018 section 250 Land Transfer Act 2017
43: Dispositions may be restrained
1: Where it appears to the High Court or the District Court or the Family Court ( party B
1A: The court may make an order under this section on the application of party B, or (in any proceedings under this Act or otherwise) on its own initiative.
2: Any disposition made after an order of the court under subsection (1) restraining the making of the disposition has been served on or come to the notice of the person disposing of the property, or any auctioneer, agent, or lawyer 1963 No 71 s 80 Section 43(1) amended 1 March 2017 section 261 District Court Act 2016 Section 43(1) amended 1 February 2002 section 49(1)(a) Property (Relationships) Amendment Act 2001 Section 43(1) amended 1 February 2002 section 49(1)(b) Property (Relationships) Amendment Act 2001 Section 43(1) amended 1 October 1981 section 17(1) Family Courts Act 1980 Section 43(1A) inserted 1 February 2002 section 49(2) Property (Relationships) Amendment Act 2001 Section 43(2) amended 1 February 2002 section 49(3) Property (Relationships) Amendment Act 2001
44: Dispositions may be set aside
1: Where the High Court or the District Court or the Family Court ( party B
1A: The court may make an order under this section on the application of party B, or (in any proceedings under this Act or otherwise) on its own initiative.
2: In any case to which subsection (1) applies, the court may, subject to subsection (4),—
a: order that any person to whom the disposition was made and who received the property otherwise than in good faith and for valuable consideration, or his or her
b: order that any person to whom the disposition was made and who received the property otherwise than in good faith and for adequate consideration, or his or her
c: order that any person who has, otherwise than in good faith and for valuable consideration, received any interest in the property from the person to whom the disposition was so made, or his or her
3: For the purposes of giving effect to any order under subsection (2), the court may make such further order as it thinks fit.
4: Relief (whether under this section, or in equity, or otherwise) in any case to which subsection (1) applies shall be denied wholly or in part, if the person from whom relief is sought received the property or interest in good faith, and has so altered his or her or her 1963 No 71 s 81 Section 44(1) amended 1 March 2017 section 261 District Court Act 2016 Section 44(1) amended 1 February 2002 section 50(1)(a) Property (Relationships) Amendment Act 2001 Section 44(1) amended 1 February 2002 section 50(1)(b) Property (Relationships) Amendment Act 2001 Section 44(1) amended 1 October 1981 section 17(1) Family Courts Act 1980 Section 44(1A) inserted 1 February 2002 section 50(2) Property (Relationships) Amendment Act 2001 Section 44(2)(a) amended 1 February 2002 section 50(3) Property (Relationships) Amendment Act 2001 Section 44(2)(b) amended 1 February 2002 section 50(3) Property (Relationships) Amendment Act 2001 Section 44(2)(c) amended 1 February 2002 section 50(3) Property (Relationships) Amendment Act 2001 Section 44(4) amended 1 February 2002 section 50(4) Property (Relationships) Amendment Act 2001 Orders relating to trusts Heading inserted 1 February 2002 section 51 Property (Relationships) Amendment Act 2001
44A: Application of sections 44B and 44C
Sections 44B 44C Section 44A inserted 1 February 2002 section 51 Property (Relationships) Amendment Act 2001
44B: Court may require party to disclose information about dispositions of property to trust
1: In any proceedings for an order under section 25(1)(a) partner partners , the civil union,
2: The court may make an order under this section on the application of either party to the proceedings or on its own initiative. Section 44B inserted 1 February 2002 section 51 Property (Relationships) Amendment Act 2001 Section 44B(1) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 44B(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 44B(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
44C: Compensation for property disposed of to trust
1: This section applies if the court is satisfied—
a: that, since the marriage , the civil union, partners
b: that the disposition has the effect of defeating the claim or rights of one of the spouses or partners
c: that the disposition is not one to which section 44
2: If this section applies, the court may make 1 or more of the following orders for the purpose of compensating the spouse or partner
a: an order requiring one spouse or partner partner
b: an order requiring one spouse or partner partner
c: an order requiring the trustees of the trust to pay to one spouse or partner
3: The court must not make an order under subsection (2)(c) if—
a: an order under subsection (2)(a) or (b) would compensate the spouse or partner
b: a third person has in good faith altered that person's position—
i: in reliance on the ability of the trustees to distribute the income of the trust in terms of the instrument creating the trust; and
ii: in such a way that it would be unjust to make the order.
4: The court may make 1 or more orders under subsection (2) if it considers it just to do so, having regard to—
a: the value of the relationship property disposed of to the trust:
b: the value of the relationship property available for division:
c: the date or dates on which relationship property was disposed of to the trust:
d: whether the trust gave consideration for the property, and if so, the amount of the consideration:
e: whether the spouses or partners, or either of them, or any child of the marriage, civil union, or de facto relationship, is or has been a beneficiary of the trust:
f: any other relevant matter. Section 44C inserted 1 February 2002 section 51 Property (Relationships) Amendment Act 2001 Section 44C(1)(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 44C(1)(a) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 44C(1)(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 44C(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 44C(2)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 44C(2)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 44C(2)(c) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 44C(3)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 44C(4)(e) replaced 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Orders relating to companies Heading inserted 1 February 2002 section 51 Property (Relationships) Amendment Act 2001
44D: Definition of qualifying company
1: In sections 44E 44F qualifying company
a: one of the spouses or partners
b: the estate of the deceased spouse or partner
2: For the purposes of this section, a person holds a controlling interest in a company if that person holds (whether directly or indirectly) equity securities in that company that carry in the aggregate 50% or more of the voting rights at a general meeting of the company.
3: For the purposes of this section, a person holds equity securities in a company ( company A
a: that person is beneficially entitled to, or is beneficially entitled to an interest in, any equity securities in that company (whether or not the whole or any part of the legal ownership of the equity securities is vested in that person); or
b: that person holds a controlling interest in another company ( company B
4: For the purposes of subsections (2) and (3), equity security section 8 Section 44D inserted 1 February 2002 section 51 Property (Relationships) Amendment Act 2001 Section 44D(1)(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 44D(1)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 44D(4) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
44E: Court may require party to disclose information about dispositions of property to qualifying company
1: In any proceedings for an order under section 25(1)(a) partner partners or the civil union
2: The court may make the order under this section on the application of either party to the proceedings or on its own initiative. Section 44E inserted 1 February 2002 section 51 Property (Relationships) Amendment Act 2001 Section 44E(1) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 44E(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 44E(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
44F: Compensation for property disposed of to qualifying company
1: This section applies if the court is satisfied—
a: that, since the marriage or the civil union partners
b: that the disposition has the effect of defeating the claim or rights of one of the spouses or partners
c: that the disposition is not one to which section 44
2: If this section applies, the court may make 1 or more of the following orders for the purpose of compensating the spouse or partner
a: an order requiring one spouse or partner partner
b: an order requiring one spouse or partner partner
3: The court may make 1 or more orders under subsection (2) if it considers it just to do so, having regard to—
a: the value of the relationship property disposed of to the qualifying company:
b: the value of the relationship property available for division:
c: the date or dates on which relationship property was disposed of to the qualifying company:
d: whether the company gave consideration for the property, and if so, the amount of the consideration:
e: any other relevant matter. Section 44F inserted 1 February 2002 section 51 Property (Relationships) Amendment Act 2001 Section 44F(1)(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 44F(1)(a) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 44F(1)(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 44F(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 44F(2)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 44F(2)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Family chattels not to be disposed of while proceedings pending Heading inserted 1 February 2002 section 51 Property (Relationships) Amendment Act 2001
45: Family chattels not to be disposed of
1: Where proceedings are pending under this Act, no party knowing that the proceedings are pending shall, without the leave of a Judge of the High Court or a District Court Judge or a Family Court Judge family
2: Any person who does any act in contravention of the provisions of this section commits an offence, and is liable on $2,000 1968 No 62 s 43 1971 No 59 s 7 Section 45(1) amended 1 February 2002 section 52(1)(a) Property (Relationships) Amendment Act 2001 Section 45(1) amended 1 February 2002 section 52(1)(b) Property (Relationships) Amendment Act 2001 Section 45(1) amended 1 October 1981 section 17(1) Family Courts Act 1980 Section 45(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 45(2) amended 1 February 2002 section 52(2) Property (Relationships) Amendment Act 2001 Protection of creditors
46: Protection of mortgagee
Subject to the provisions of sections 42 to 44 a spouse or partner provided that, notwithstanding anything in any enactment or in any instrument, no money payable under any such mortgage, security, charge, or encumbrance shall be called up or become due by reason of the making of any such order, not being an order directing the sale of any property. 1963 No 72 s 8 1968 No 61 s 10 Section 46 amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 46 amended 1 February 2002 section 53 Property (Relationships) Amendment Act 2001
47: Agreements to defeat creditors void
1: Any agreement, disposition, or other transaction between spouses or partners partner
2: Any such agreement, disposition, or other transaction that was not so intended but that has the effect of defeating such creditors is void against such creditors and the Official Assignee during the period of 2 years after it is made, but only to the extent that it has that effect.
3: For the purposes of subsection (2), an agreement between spouses or partners
a: a situation described in section 25(2)
b: the agreement is made for the purpose of settling (wholly or in part) their rights under this Act with respect to that property.
4: Nothing in this section applies to any gift by one spouse or partner partner
5: This section applies regardless of any other provision of this Act. Section 47 replaced 1 February 2002 section 54 Property (Relationships) Amendment Act 2001 Section 47(1) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 47(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 47(3) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 47(4) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Further miscellaneous provisions Heading replaced 1 February 2002 section 55 Property (Relationships) Amendment Act 2001
48: Incidence of orders against personal representative of spouse
Section 48 repealed 1 February 2002 section 56 Property (Relationships) Amendment Act 2001
49: Legal capacity of married women
1: Except as provided in any enactment, the rights, privileges, powers, capacities, duties, and liabilities of a married woman shall, for all the purposes of the law of New Zealand (whether substantive, procedural, or otherwise), be the same in all respects as those of a married man, whether she is acting in a personal, official, representative, or fiduciary capacity.
2: This section shall apply to every married woman whether she was married before or after the commencement of this Act, and whether the marriage was solemnised in New Zealand or not, and whether she is or was at any relevant time domiciled in New Zealand or not.
50: No restraints upon anticipation
As from the commencement of this Act, no restriction upon anticipation or alienation attached to the enjoyment of any property, being a restriction preserved by section 4 of the Married Women's Property Act 1952
51: Proceedings in tort
1: Subject to this section, each of the parties to a marriage or civil union not married or in a civil union
2: Where one of the parties to a marriage , civil union, or de facto relationship , civil union, or de facto relationship
a: no substantial benefit, whether material or otherwise, would accrue to either party by the continuation of the proceedings; or
b: the proceedings are vexatious in character; or
c: the question or questions in issue could more conveniently be disposed of on an application made under this Act.
3: Without limiting the provisions of subsection (2)(c), the court may in any such action exercise any power which could be exercised on an application under this Act or give such directions as it thinks fit for the disposal under this Act of any question arising in the proceedings.
4: In an action to which this section applies, judgment by default shall not be entered except with the leave of the court. An application for the grant of such leave must be served on the defendant.
5: In this section the term court the District Court, or the Family Court, but the District Court must 1963 No 72 s 4(1)–(4) Section 51(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 51(2) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 51(2) amended 1 February 2002 section 57 Property (Relationships) Amendment Act 2001 Section 51(5) inserted 1 October 1981 section 17(1) Family Courts Act 1980 Section 51(5) amended 1 March 2017 section 261 District Court Act 2016
52: Minors may apply without guardian
ad litem Notwithstanding any enactment or rule of law, a minor who is or has been married or in a civil union ad litem Section 52 amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
52A: Priority of claims where marriage
or civil union
1: This section applies in respect of relationship property if—
a: competing claims are made for property orders in respect of that property, one claim being in respect of a marriage or civil union, as the case may be,
b: there is insufficient property to satisfy the property orders made under this Act.
2: If this section applies, the relationship property is to be divided as follows:
a: if the marriage or civil union or civil union
b: if the marriage or civil union
i: to the extent possible, the property order relating to the marriage or civil union or civil union
ii: to the extent possible, the property order relating to the de facto relationship must be satisfied from the property that is attributable to that de facto relationship; and
iii: to the extent that it is not possible to attribute all or any of the property to either the marriage or civil union or civil union
3: For the purposes of this section, a marriage and a de facto relationship are successive if the de facto relationship begins during the marriage, but after the spouses cease to live together as a married couple
3A: For the purposes of this section, a civil union and a de facto relationship are successive if the de facto relationship begins during the civil union, but after the civil union partners cease to live together as civil union partners.
4: In this section, and in section 52B property order
a: means an order made under any of sections 25 to 31 33
b: includes a declaration made under section 25(3) Section 52A inserted 1 February 2002 section 58 Property (Relationships) Amendment Act 2001 Section 52A heading amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 52A(1)(a) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 52A(2)(a) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 52A(2)(b) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 52A(2)(b)(i) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 52A(2)(b)(iii) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 52A(3) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 52A(3A) inserted 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
52B: Priority of claims where 2 de facto relationships
1: This section applies in respect of relationship property if—
a: competing claims are made for property orders in respect of that property but in relation to different de facto relationships; and
b: there is insufficient property to satisfy the property orders made under this Act.
2: If this section applies, the relationship property is to be divided as follows:
a: if the de facto relationships are successive, then in accordance with the chronological order of the de facto relationships:
b: if the de facto relationships were at some time contemporaneous, then,—
i: to the extent possible, the property orders must be satisfied from the property that is attributable to each de facto relationship; and
ii: to the extent that it is not possible to attribute all or any of the property to either de facto relationship, the property is to be divided in accordance with the contribution of each de facto relationship to the acquisition of the property. Section 52B inserted 1 February 2002 section 58 Property (Relationships) Amendment Act 2001
53: Rules of court and regulations
1: Rules may from time to time be made in the manner prescribed by the Senior Courts Act 2016 High Court
1A: Rules may be made under section 16A the Family Court of the Family Court
2: The Governor-General may from time to time, by Order in Council, make regulations under section 156
2A: The Governor-General may from time to time, by Order in Council, make regulations—
a:
b: making provision for determining the amount of fees and expenses payable to any person (other than the Registrar) appointed under subsection (1) or subsection (3) of section 38
ba: requiring the personal representative of a deceased spouse or partner partner partner partner
c: 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.
3: In addition to all other powers conferred by the District Court Act 2016
3A: Without limiting the generality of the powers conferred by subsections (1) and (3) or section 16A Family Court Act 1980
4: In the absence of any rules under this section, or in any situation not covered by those rules, the rules in relation to civil proceedings for the time being in force under the Senior Courts Act 2016
5: The following are secondary legislation ( see Part 3
a: regulations under subsection (2A):
b: rules under subsection (3).
6: See section 148 section 228 section 16A 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 53(1) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 53(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 53(1A) inserted 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 53(1A) amended 1 March 2017 section 261 District Court Act 2016 Section 53(2) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 53(2A) inserted 1 July 1994 Matrimonial Property Amendment Act 1994 Section 53(2A)(a) repealed 31 March 2014 section 7 Property (Relationships) Amendment Act (No 2) 2013 Section 53(2A)(ba) inserted 1 February 2002 section 59(2) Property (Relationships) Amendment Act 2001 Section 53(2A)(ba) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 53(3) replaced 1 October 1981 section 17(1) Family Courts Act 1980 Section 53(3) amended 1 March 2017 section 261 District Court Act 2016 Section 53(3A) replaced 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 53(3A) amended 1 March 2017 section 261 District Court Act 2016 Section 53(4) replaced 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 53(4) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 53(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 53(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
53A: Power to prescribe specified sum
1: The Governor-General may from time to time, by Order in Council, prescribe the amount that is the specified sum for the purposes of section 20B
2: Until a different amount is prescribed under this section, the specified sum is $103,000
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 53A inserted 1 February 2002 section 60 Property (Relationships) Amendment Act 2001 Section 53A(2) amended 12 December 2002 clause 3 Property (Relationships) Specified Sum Order 2002 Section 53A(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
54: Exemption from stamp duty
Section 54 repealed 20 May 1999 section 7 Stamp Duty Abolition Act 1999
8: Division of property where one spouse or
partner Part 8 heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Part 8 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Application of this Part Heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001
55: Application of this Part
1: This Part applies where—
a: a marriage has ended when one of the spouses dies; or
ab: a civil union has ended when one of the civil union partners dies; or
b: a de facto relationship has ended when one of the de facto partners dies.
2: This Part also applies if,—
a: after a marriage has ended by separation or dissolution, one of the spouses dies, and no proceedings under Part 7
ab: after a civil union has ended by separation or dissolution, one of the civil union partners dies, and no proceedings under Part 7
b: after a de facto relationship has ended (other than by the death of one of the de facto partners), one of the de facto partners dies, and no proceedings under Part 7 Section 55 replaced 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 55(1)(ab) inserted 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 55(2)(ab) inserted 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
56: Application to existing and future wills
In the application of this Act to a spouse or partner Section 56 replaced 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 56 amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
57: Application under Law Reform (Testamentary Promises) Act 1949 or Family Protection Act 1955 not precluded
Nothing in this Act prevents a person from making an application under the Law Reform (Testamentary Promises) Act 1949 Family Protection Act 1955 partner Section 57 replaced 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 57 amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Death of spouse or partner Insolvent deceased spouse or partner Heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
58: Rights of creditors preserved
1: If, had this Act not been passed, any property would have become vested in an appointee (within the meaning of section 378(1) section 379 Part 6
2: If, had this Act not been passed, any property that is included in the estate of a deceased spouse or partner section 31 Section 58 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 58(1) replaced 3 December 2007 section 445 Insolvency Act 2006 Section 58(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
59: Payment of protected interest where estate insolvent
1: This section applies in the following cases:
a: if, after the death of a spouse or partner, the family home (including a homestead) or, if section 11A section 378(1) section 379 Part 6
b: if, after the death of a spouse or partner section 11A section 31
2: If this section applies, the appointee (in any case where subsection (1)(a) applies) or the administrator of the estate of the deceased spouse or partner partner
a: the amount of the protected interest of the surviving spouse or partner
b: so much of that amount as remains after the appointee or, as the case requires, the administrator has paid the debts specified in subsection (3).
3: The debts referred to in subsection (2)(b) are as follows:
a: any debts secured on the family home or homestead or, as the case may be, the proceeds of sale of the family home:
b: any unsecured debt incurred—
i: by the spouses or partners
ii: by the deceased spouse or partner
4: If, in any case to which this section applies, section 11B partner partner partner Section 59 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 59(1)(a) replaced 3 December 2007 section 445 Insolvency Act 2006 Section 59(1)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 59(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 59(2)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 59(3)(b)(i) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 59(3)(b)(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 59(4) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Proceedings commenced while both spouses or partners Heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Heading amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005
60: Incidence of orders against personal representative of spouse or
partner
1: This section applies when—
a: proceedings are commenced while both spouses or partners
b: one spouse or partner
c: the court makes an order under this Act against the personal representative of the deceased spouse or partner
2: The incidence of any order made under this Act by the court against the personal representative of a deceased spouse or partner
3: However, the court may order that the incidence of the order—
a: falls rateably on the whole estate of the deceased; or
b: falls on any specified portion of the estate or on any specified property.
4: Where the court makes any order under subsection (3),—
a: the court has power to exonerate any part of the estate of the deceased from the incidence of the order made under this Act, after hearing such of the parties who may be affected by the exoneration as the court thinks necessary, and may for that purpose direct any personal representative to represent, or appoint any person to represent, any such party:
b: the court has power at any time to fix a periodical payment or lump sum to be paid by any beneficiary in the estate of the deceased to represent, or in commutation of, any liability under the order that falls upon the portion of the estate in which he or she is interested, and to exonerate that portion from further liability and to direct in what manner the payment is to be secured.
5: For the purposes of subsections (2) to (4), in cases where the authority of the court does not extend and cannot directly or indirectly be made to extend to the whole estate, the estate of the deceased includes only so much of it as is subject to the authority of the court.
6: Where the court makes any order under this Act against the personal representative of a deceased spouse or partner section 27 section 28 Law Reform (Testamentary Promises) Act 1949 Family Protection Act 1955
7: In proceedings commenced after the death of one of the spouses or partners section 94 Section 60 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 60 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 60(1)(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 60(1)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 60(1)(c) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 60(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 60(6) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 60(7) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Surviving spouse or partner Heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
61: Surviving spouse or
partner
1: If one of the spouses or partners section 10D(1) partner
2: Option A is to elect to make an application under this Act for a division of the relationship property.
3: Option B is as follows:
a: to elect not to make an application under this Act for a division of the relationship property; and
b: if the surviving spouse or partner partner
c: if the surviving spouse or partner partner Section 61 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 61 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 61(1) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 61(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 61(3)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 61(3)(c) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
62: Time limit for making choice
1: A surviving spouse or partner
a: if the estate of the deceased spouse or partner section 2
i: no later than 6 months after the date of the death of the deceased spouse or partner
ii: if administration of the estate is granted in New Zealand within that period, no later than 6 months after the grant of administration,— whichever is the later:
b: in any other case, the choice must be made no later than 6 months after administration of the estate of the deceased spouse or partner
2: Regardless of subsection (1), but subject to subsection (4), the court may extend the time for making that choice after hearing—
a: the applicant; and
b: any other persons who the court considers should be heard.
3: The court's power under this section extends to cases where the time for making the choice has already expired, including cases where it expired before the commencement, on 1 February 2002, of the Property (Relationships) Amendment Act 2001
4: The court may not grant an extension of time under subsection (2) unless the application for the extension is made before the final distribution of the estate of the deceased spouse or partner Section 62 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 62(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 62(1)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 62(1)(a)(i) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 62(1)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 62(4) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
63: Surviving spouse or
partner A surviving spouse or partner
a: the surviving spouse or partner
b: in the case of a surviving spouse or civil union partner section 64 Section 63 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 63 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 63 amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 63(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 63(b) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
64: Position of surviving spouse or civil union partner if separation order made or marriage or civil union dissolved
A surviving spouse or civil union partner may apply under this Act for a division of the relationship property without having first chosen option A if he or she is in one of the following situations:
a: a separation order is in force in relation to the marriage or civil union when the deceased spouse or civil union partner dies
b: the marriage was ended while both spouses were alive by a legal process that occurred within or outside New Zealand:
c: the civil union was ended while both civil union partners were alive by a legal process that occurred within New Zealand. Section 64 replaced 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 64(a) amended 1 November 2007 section 41 Wills Act 2007
65: How choice to be made
1: A surviving spouse or partner
2: The notice—
a: must be in the prescribed form; and
b: must include or be accompanied by a certificate—
i: signed by a lawyer; and
ii: certifying that the lawyer has explained to the surviving spouse or partner
c: must be lodged—
i: with the administrator of the estate of the deceased spouse or partner
ii: if administration of that estate has not been granted in New Zealand, in the registry of the High Court in which an application for a grant of administration of that estate would, under the High Court Rules 2016
3: A notice given under subsection (2) by a minor has effect as if the minor were of full age.
4: A choice of option is effective when a notice indicating the choice is lodged in accordance with subsection (2)(c). Section 65 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 65(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 65(2)(b)(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 65(2)(c)(i) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 65(2)(c)(ii) amended 18 October 2016 section 183(c) Senior Courts Act 2016
66: Choice of option to be notified to certain persons
1: If a notice is lodged in accordance with section 65(2)(c)(ii) partner survivor
2: If, at the time of his or her death, the deceased spouse or partner section 64(2)
a: the registrar of that stock (if paragraph (b) does not apply); or
b: any person who has been registered as the holder of that stock in reliance on that section.
3: If, at the time of his or her death, the deceased spouse or partner section 64A
a: the directors of the company that issued the shares or debentures (if paragraph (b) does not apply); or
b: any person who has been registered as the holder of those shares or debentures in reliance on that section.
4: If the death of the deceased spouse or partner section 65
a: the person authorised under that section to make payment of that sum (if paragraph (b) does not apply); or
b: any person to whom that sum or part of that sum has been paid in reliance on that section (other than subsection (3)). Section 66 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 66(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 66(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 66(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 66(4) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
67: Choice irrevocable
1: Once a surviving spouse or partner
2: This section is subject to the court's power under section 69 Section 67 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 67(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
68: Effect of failure to make choice
1: If a surviving spouse or partner section 65 section 62(1) section 62(2)) partner
2: The court may, under section 69 Section 68 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 68(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
69: Chosen option may be set aside
1: If a surviving spouse or partner partner
2: The court may set aside a choice of option only if—
a: it is satisfied that any of the following apply:
i: that the choice of option was not freely made:
ii: that the surviving spouse or partner
iii: that since the choice of option was made, the surviving spouse or partner
iv: that since the choice of option was made, a person (other than the surviving spouse or partner Law Reform (Testamentary Promises) Act 1949 Family Protection Act 1955 partner
b: having regard to all the circumstances, it is satisfied that it would be unjust to enforce the choice of option.
3: In deciding whether or not to set aside a choice of option, the court must have regard to the following matters:
a: the circumstances in which the choice of option was made:
b: the length of time since the choice was made:
c: any other matters that the court considers relevant. Section 69 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 69(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 69(2)(a)(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 69(2)(a)(iii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 69(2)(a)(iv) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
70: Choice may not be set aside if estate finally distributed
The court may not set aside a choice of option under section 69 partner Section 70 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 70 amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Distribution of estates Heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001
71: Distribution of estate before choice made
1: The administrator or trustee of the estate of a deceased spouse or partner
a: the expiry of 6 months after administration of that estate is granted in New Zealand; or
b: the surviving spouse or partner whichever happens first.
2: Despite subsection (1), a distribution may be made in the following cases:
a: where section 47(2)
b: where the surviving spouse or partner
c: where the court, on application made to it for the purpose, approves the distribution. Section 71 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 71(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 71(1)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 71(2)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
72: Distribution of estate after choice made but before proceedings commenced
1: If a surviving spouse or partner partner
a: the surviving spouse or partner
b: the expiry of the period specified in section 62(1) whichever happens first.
2: Despite subsection (1), a distribution may be made in any of the cases referred to in section 71(2) Section 72 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 72(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 72(1)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
73: Distribution of estate while proceedings pending
1: The administrator or trustee of the estate of a deceased spouse or partner
2: Despite subsection (1), a distribution may be made in any of the cases referred to in section 71(2)
3: For the purposes of this section, proceedings are pending—
a: from the date on which the proceedings are commenced until—
i: the proceedings are finally determined; or
ii: the proceedings are withdrawn,— whichever happens first; and
b: on and from the date on which the proceedings are finally determined until—
i: the time for appealing against the decision of the court expires, if no such appeal has been commenced; or
ii: if an appeal against the decision of the court is commenced, when the appeal is finally determined or is withdrawn, whichever occurs first; and
c: while any further right of appeal (whether to the Court of Appeal or to the Supreme Court Section 73 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 73(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 73(3)(c) amended 1 January 2004 section 48(1) Supreme Court Act 2003
74: Distribution of estate not to be disturbed
1: This section applies where any part of the estate of a deceased spouse or partner
a: before the personal representative of that spouse or partner
i: under section 62(2)
ii: under section 69
iii: under section 77 partner partner
iv: under section 89(2) section 90(2)
b: after every notice (if any) of an intention to make an application has lapsed in accordance with section 48(1)
2: Where this section applies,—
a: the making of the application does not disturb the distribution; and
b: no order made in respect of the application may disturb the distribution; and
c: no action lies against the personal representative for having made the distribution. Section 74 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 74(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 74(1)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 74(1)(a)(iii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Effect of choice of division under this Act (option A) Heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001
75: Effect on application of Act of choice of division under this Act
If the surviving spouse or partner
a: sections 76 to 78
b: sections 2 to 53A sections 79 to 94 Section 75 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 75 amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
76: Effect on will or intestacy of choice of division under this Act
1: Unless the will (if any) of the deceased spouse or partner
a: every gift to the surviving spouse or partner partner
b: the will of the deceased spouse or partner partner partner
c: the estate of the deceased spouse or partner
2: The reference in subsection (1)(a) to gifts to the surviving spouse or partner partner partner partner partner
3: The surviving spouse or partner Part 3
4: This section is subject to section 77 Section 76 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 76(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 76(1)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 76(1)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 76(1)(c) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 76(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 76(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
77: Court may permit surviving spouse or
partner
1: Despite section 76 partner
a: order that the surviving spouse or partner partner partner
b: order that the surviving spouse or partner partner partner
2: If the court makes an order under this section, the estate of the deceased spouse or partner
3: The court may not make an order under this section unless the application under this section is made before the final distribution of the estate of the deceased spouse or partner Section 77 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 77 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 77(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 77(1)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 77(1)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 77(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 77(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
78: Priority of entitlement of surviving spouse or
partner
1: The entitlement of a surviving spouse or partner
a: any beneficial interest to which any person is entitled under the will (if any) of the deceased spouse or partner
b: any beneficial interest to which any person is entitled on the intestacy or partial intestacy of the deceased spouse or partner
c: any order made in respect of the estate of the deceased spouse or partner Family Protection Act 1955 Law Reform (Testamentary Promises) Act 1949
d: all duties and fees payable in respect of the estate of the deceased spouse or partner
2: Despite subsection (1), the following have priority over the entitlement of a surviving spouse or partner
a: all debts properly incurred by the personal representative of the deceased spouse or partner partner
b: the reasonable funeral expenses of the deceased spouse or partner Section 78 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 78 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 78(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 78(1)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 78(1)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 78(1)(c) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 78(1)(d) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 78(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 78(2)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 78(2)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Sections modifying or affecting earlier sections in proceedings commenced after death of spouse or partner Heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
79: Date at which shares determined
1: For the purposes of this Act, the share of a spouse or partner
a: if the marriage , civil union, partners , civil union,
b: if the marriage , civil union, partners partner
2: This section is subject to Part 6 section 87 Section 79 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 79(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 79(1)(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 79(1)(a) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 79(1)(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 79(1)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 79(1)(b) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005
80: Classification of property
1: This section applies where the classification of any property as relationship property or as any particular type of relationship property depends on the use to which it has been put.
2: Where this section applies, that classification is to be determined,—
a: if the marriage , civil union, partners
b: if the marriage , civil union, partners partner Section 80 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 80(2)(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 80(2)(a) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 80(2)(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 80(2)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 80(2)(b) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005
81: Presumption that property of deceased spouse or
partner
1: All the property that was owned by the deceased spouse or partner
2: A person who asserts that any property to which the presumption in subsection (1) applies is not relationship property has the burden of proving that assertion.
3: This section is subject to Part 6 section 87
4: Nothing in this section applies to property to which section 10(2) Section 81 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 81 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 81(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
82: Presumption that property acquired by estate of deceased spouse or
partner
1: Property acquired by the estate of the deceased spouse or partner
2: A person who asserts that any property to which the presumption in subsection (1) applies is not relationship property has the burden of proving that assertion.
3: This section is subject to Part 6 section 87
4: Nothing in this section applies to property to which section 10(2) Section 82 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 82 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 82(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
83: Relationship property defined
1: If, on the death of a spouse or partner partner partner
a: that property is not automatically to be treated as the separate property of the surviving spouse or partner
b: the status of the property as relationship property or separate property is to be determined according to the status it would have had if the deceased spouse or partner
2: This section is subject to Part 6 section 87 Section 83 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 83(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 83(1)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 83(1)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
84: Separate property defined
All property acquired by the surviving spouse or partner partner Section 84 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 84 amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
85: Marriages
, civil unions,
1: If a marriage or civil union section 2E or civil union partner sections 11 to 13
2: Section 14 or civil union or civil union sections 11 to 12
3: If a de facto relationship is a relationship of short duration (as defined in section 2E
a: the court is satisfied—
i: that there is a child of the de facto relationship; or
ii: that the surviving de facto partner or, on an application made by the deceased de facto partner's personal representative, the deceased de facto partner has made a substantial contribution to the de facto relationship; and
b: the court is satisfied that failure to make the order would result in serious injustice.
4: If subsection (3) applies, and the court is satisfied that the grounds specified in that subsection for making an order on an application made under this Act are made out, the share of the surviving de facto partner and of the deceased de facto partner's estate in the relationship property is to be determined in accordance with the contribution of each de facto partner to the de facto relationship. Section 85 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 85 heading amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 85(1) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005 Section 85(2) amended 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
86: Compensation for actions after separation or death
1: If this Part applies, then for the purposes of sections 18B 18C relevant period
a: if the spouses or partners
b: if the spouses or partners partner
2: The court may exercise the power in section 18B(2) partners partner , civil union, partners
3: The court may exercise the power in section 18C(2)
a: the personal representative of the deceased spouse or partner
b: the surviving spouse or partner Section 86 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 86(1)(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 86(1)(b) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 86(1)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 86(2) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 86(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 86(2) amended 26 April 2005 section 3(3) Property (Relationships) Amendment Act 2005 Section 86(3)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 86(3)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
87: Surviving spouse or
partner
1: This section applies if—
a: the spouses or partners section 21
b: one of them dies.
2: If this section applies,—
a: the surviving spouse or partner
i: to have the agreement declared void for non-compliance with a requirement of section 21F
ii: to have the agreement set aside under section 21J
b: the surviving spouse or partner section 61
3: In deciding, under section 21J partner
4: This section is subject to section 47 Section 87 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 87 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 87(1)(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 87(2)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 87(2)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 87(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
88: Who can apply
1: The following persons may apply for an order under section 25(1)(a) or (b)
a: the surviving spouse or partner
b: any person on whom conflicting claims in respect of property are made by the surviving spouse or partner partner
2: The personal representative of the deceased spouse or partner section 25(1)(a)
3: The following persons may apply for an order under section 25(1)(b)
a: the personal representative of the deceased spouse or partner
b: the Official Assignee in bankruptcy of the property of either spouse or partner
c: an appointee (within the meaning of section 378(1) section 379
4: Subsection (2) section 12 Section 88 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 88(1)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 88(1)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 88(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 88(3)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 88(3)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 88(3)(c) replaced 3 December 2007 section 445 Insolvency Act 2006 Section 88(4) inserted 17 November 2007 section 17 Succession (Homicide) Act 2007
89: Time for commencement of proceedings
1: Proceedings may be commenced after the death of one of the spouses or partners if,—
a: at the date of the death of the deceased spouse or partner, the spouses or partners are living together; or
b: in the case of de facto partners, at the date of the death of the deceased de facto partner, the de facto partners are not living together; or
c: in the case of spouses or civil union partners, at the date of the death of the deceased spouse or civil union partner the following circumstances exist:
i: the spouses or civil union partners are not living together; and
ii: the marriage or civil union has not been dissolved by an order dissolving the marriage or civil union, and an order has not been made declaring the marriage or civil union to be void ab initio
d: in the case of spouses or civil union partners, at the date of the death of the deceased spouse or civil union partner the following circumstances exist:
i: the spouses or civil union partners are not living together; and
ii: the marriage or civil union has been dissolved by an order dissolving the marriage or civil union, or an order declaring the marriage or civil union to be void ab initio
iii: not more than 12 months have elapsed since the taking effect as a final order of the order dissolving the marriage or civil union or the date of the making of the order declaring the marriage or civil union to be void ab initio
e: in the case of spouses or civil union partners, at the date of the death of the deceased spouse or civil union partner the following circumstances exist:
i: the spouses or civil union partners are not living together; and
ii: the marriage or civil union has been dissolved by an order dissolving the marriage or civil union, or an order declaring the marriage or civil union to be void ab initio
iii: more than 12 months have elapsed since the taking effect as a final order of the order dissolving the marriage or civil union or the date of the making of the order declaring the marriage or civil union to be void ab initio section 24(2)
2: The court's power to grant an extension under section 24(2) Property (Relationships) Amendment Act 2001 Section 89 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 89(1) replaced 26 April 2005 section 3(4) Property (Relationships) Amendment Act 2005
90: Time limits for commencing proceedings
1: Proceedings must be commenced within the following time limits:
a: if the estate of the deceased spouse or partner section 2
i: no later than 12 months after the date of the death of the deceased spouse or partner
ii: if administration of the estate is granted in New Zealand within that period, no later than 12 months after the grant of administration,— whichever is the later:
b: in any other case, the proceedings must be commenced no later than 12 months after administration of the estate of the deceased spouse or partner
2: Regardless of subsection (1), but subject to subsection (3), the court may extend the time for commencing proceedings after hearing—
a: the applicant; and
b: any other persons who have an interest in the property that would be affected by the order sought and who the court considers should be heard.
3: The court's power under this section extends to cases where the time for commencing proceedings has already expired, including cases where it expired before the commencement, on 1 February 2002, of the Property (Relationships) Amendment Act 2001
4: The court may not grant an extension of time under subsection (2) unless the application for the extension is made before the final distribution of the estate of the deceased spouse or partner Section 90 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 90(1)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 90(1)(a)(i) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 90(1)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 90(4) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
91: Qualifications on application of sections 25 to 34 and 43 to 44F
1: The court must not make an order in proceedings commenced after the death of one of the spouses or partners partners
2: When the court makes an order under section 27(1) partner
3: The court may not make an order under section 28 partner
a: at the time of the making of the order, the tenancy of the dwellinghouse is vested in the personal representative of the deceased spouse or partner
b: either—
i: at the time of the making of the order, the surviving spouse or partner
ii: at the date of the death of the deceased spouse or partner partner partner Section 91 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 91(1) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 91(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 91(3) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 91(3)(a) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 91(3)(b)(i) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 91(3)(b)(ii) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
92: Persons entitled to be heard
In section 37(1) any person having an interest in the property which would be affected by the order partner Section 92 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 92 amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
93: Appeals
In section 39(2) any other person prejudicially affected partner Section 93 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 93 amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 93 amended 24 November 2003 section 4 District Courts Amendment Act 2002
94: Incidence of orders against personal representative of spouse or
partner
1: This section applies when—
a: proceedings are commenced after the death of one of the spouses or partners
b: the court makes an order under this Act against the personal representative of the deceased spouse or partner
2: The incidence of any order made under this Act by the court against the personal representative of a deceased spouse or partner
3: However, the court may order that the incidence of the order—
a: falls rateably on the whole estate of the deceased; or
b: falls on any specified portion of the estate or on any specified property.
4: Where the court makes any order under subsection (3),—
a: the court has power to exonerate any part of the estate of the deceased from the incidence of the order made under this Act, after hearing such of the parties who may be affected by the exoneration as the court thinks necessary, and may for that purpose direct any personal representative to represent, or appoint any person to represent, any such party:
b: the court has power at any time to fix a periodical payment or lump sum to be paid by any beneficiary in the estate of the deceased to represent, or in commutation of, any liability under the order that falls upon the portion of the estate in which he or she is interested, and to exonerate that portion from further liability and to direct in what manner the payment is to be secured.
5: For the purposes of subsections (2) to (4), in cases where the authority of the court does not extend and cannot directly or indirectly be made to extend to the whole estate, the estate of the deceased includes only so much of it as is subject to the authority of the court.
6: Where the court makes any order under this Act against the personal representative of a deceased spouse or partner section 27 section 28 Law Reform (Testamentary Promises) Act 1949 Family Protection Act 1955 Section 94 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 94 heading amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 94(1)(a) amended 26 April 2005 section 3(1) Property (Relationships) Amendment Act 2005 Section 94(1)(b) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 94(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 94(6) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Effect of choice of will or intestacy (option B) Heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001
95: Effect on application of Act of choice of will or intestacy
1: If the surviving spouse or partner sections 20 to 20F sections 58 59 partner Part 3
2: To avoid any doubt, the fact that a surviving spouse or partner partner Part 3 Section 95 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Section 95(1) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005 Section 95(2) amended 26 April 2005 section 3(2) Property (Relationships) Amendment Act 2005
9: Transitional provisions and savings
Part 9 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 Transitional provisions Heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001
96: Transitional provisions applying on and from 1 February 1977
1: If an application relates to the relationship property of a marriage that took place before 1 February 1977, the court must, in dealing with the application, have regard to any agreement entered into before 1 February 1977 by the parties to the marriage. This subsection applies despite Part 6 section 98(3)
2: If—
a: proceedings were commenced under the Matrimonial Property Act 1963 Part 8 of the Matrimonial Proceedings Act 1963
b: the hearing of the proceedings commenced before 1 February 1977,— the proceedings continue as if this Act had not been passed, unless the parties agree to the proceedings continuing under this Act.
3: If—
a: proceedings were commenced under the Matrimonial Property Act 1963 Part 8 of the Matrimonial Proceedings Act 1963
b: the hearing of the proceedings had not commenced before 1 February 1977,— the proceedings continue under this Act.
4: Proceedings commenced before 1 February 1977 that are continued under this Act are continued as if the Property (Relationships) Amendment Act 2001 Section 96 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001
97: Transitional provisions applying on and from 1 February 2002
1: If—
a: proceedings were commenced on or after 1 February 1977 and before 1 February 2002; and
b: the hearing of the proceedings commenced before 1 February 2002,— the proceedings continue as if the Property (Relationships) Amendment Act 2001
2: If—
a: proceedings were commenced on or after 1 February 1977 and before 1 February 2002; and
b: the hearing of the proceedings had not commenced before 1 February 2002,— the proceedings continue under this Act as amended by the Property (Relationships) Amendment Act 2001
3: If proceedings were commenced under the Matrimonial Property Act 1963 on or after 1 February 1977 and before 1 February 2002 by—
a: the surviving spouse against the deceased spouse's personal representative; or
b: the deceased spouse's personal representative against the surviving spouse; or
c: the personal representative of one spouse against the personal representative of the other spouse,— the proceedings continue as if this Act had not repealed the Matrimonial Property Act 1963
4: If, before 1 February 2002,—
a: proceedings were commenced while both spouses were alive; and
b: the hearing of the proceedings did not commence; and
c: one spouse dies or both spouses die,— the proceedings continue under this Act, except sections 61 to 95 Property (Relationships) Amendment Act 2001
5: If, before 1 February 2002,—
a: proceedings were commenced while both spouses were alive; and
b: the hearing of the proceedings commenced; and
c: one spouse dies or both spouses die,— the proceedings continue under this Act, as if this Act had not been amended by the Property (Relationships) Amendment Act 2001
6: If proceedings were commenced in the High Court before 1 February 2002, the proceedings continue in that court, whether or not the hearing of the proceedings commenced before 1 February 2002. Section 97 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001
97A: Transitional provisions applying in respect of section 2BAA
1: In this section, specified date Property (Relationships) Amendment Act 2008
2: Where the hearing of any proceedings in which the duration of a civil union is in issue commenced before the specified date, the proceedings continue as if section 2BAA
3: Where the hearing of any proceedings in which the duration of a civil union is in issue commenced after the specified date, the proceedings continue as if section 2BAA Section 97A inserted 18 May 2009 section 7 Property (Relationships) Amendment Act 2008 Savings Heading inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001
98: Savings applying on and from 1 February 1977
1: Nothing in this Act affects any order made before 1 February 1977 under section 41 or section 44 of the Matrimonial Proceedings Act 1963
2: Nothing in this Act invalidates any payment made or any act or thing done in good faith before 1 February 1977 by the personal representative of a deceased spouse.
3: Nothing in this Act affects the validity of any agreement entered into before 1 February 1977 by way of settlement of any question that has arisen in relation to relationship property, and every such agreement has effect as if this Act had not been passed. Section 98 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001
99: Savings applying on and from 1 February 2002
The death of a spouse or de facto partner does not affect the validity or effect of anything already done or suffered under this Act or under the Matrimonial Property Act 1963 Section 99 inserted 1 February 2002 section 61 Property (Relationships) Amendment Act 2001 |
DLM438781 | 1976 | International Finance Agreements Amendment Act 1976 | 1: Short Title and commencement
1: This Act may be cited as the International Finance Agreements Amendment Act 1976, and shall be read together with and deemed part of the International Finance Agreements Act 1961
2: Sections 1 3
3: Subject to subsection (2)
2:
3: Approval of proposed Articles of Agreement
Approval is hereby given to the acceptance by the Government of New Zealand of the proposed Articles of Agreement of the International Monetary Fund set out in Schedule 1
4:
5:
6:
7:
8: Repeal
The International Finance Agreements Amendment Act 1968 |
DLM439085 | 1976 | War Pensions Amendment Act 1976 | 1: Short Title
This Act may be cited as the War Pensions Amendment Act 1976, and shall be read together with and deemed part of the War Pensions Act 1954
2:
3:
4:
5:
6:
7: Sections 7 to 9 repealed 23 December 1977 4(2) War Pensions Amendment Act 1977
8: Sections 7 to 9 repealed 23 December 1977 4(2) War Pensions Amendment Act 1977
9: Sections 7–9 repealed 23 December 1977 4(2) War Pensions Amendment Act 1977
10: Authority to increase rates of pensions and allowances
1: Notwithstanding anything to the contrary in the principal Act, the Board 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 1975 and ending with the 31st day of December 1975, increase the rate of any pension or allowance under the principal Act by an amount not exceeding the rate of that pension or allowance 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 1975.
11: Section 11 repealed 23 December 1977 4(2) War Pensions Amendment Act 1977 |
DLM437919 | 1976 | Marriage Amendment Act 1976 | 1: Short Title and commencement
1: This Act may be cited as the Marriage Amendment Act 1976, and shall be read together with and deemed part of the Marriage Act 1955
2: This Act shall come into force on the 1st day of January 1977.
2: Marriage celebrant
This section was repealed 1 September 1995 96 Births, Deaths, and Marriages Registration Act 1995
3:
4:
5:
6:
7:
8:
9: Offences generally
The principal Act is hereby further amended by repealing section 61
10:
11:
12: |
DLM439048 | 1976 | Waitangi Day Act 1976 | 1: Short Title
This Act may be cited as the Waitangi Day Act 1976.
2: Act to bind Crown
This Act shall bind the Crown.
3: Waitangi Day to be a day of commemoration
In commemoration of the signing on 6 February 1840, at Waitangi, of the treaty known as the Treaty of Waitangi Schedule
4: Observance of Waitangi Day
1: Waitangi Day shall be observed as a public holiday throughout New Zealand on the day of the week on which it falls.
2: Section 4(2) repealed 1 January 2014 section 7(2) Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013
5: Application to terms of employment
Section 5 repealed 1 April 2004 section 91(1) Holidays Act 2003
6: Anniversary Day in Northland
Section 6 repealed 1 February 1982 Holidays Act 1981
6A: Relationship with Holidays Act 2003
This Act is subject to section 45A subpart 3 Section 6A inserted 1 January 2014 section 7(3) Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013
7: Repeals, savings, and consequential amendments
1: The New Zealand Day Act 1973
2:
3:
4:
5:
6: Section 7(2) repealed 14 December 1979 Industrial Relations Amendment Act 1979 Section 7(3) repealed 14 December 1979 Industrial Relations Amendment Act 1979 Section 7(4) repealed 1 February 1982 Factories and Commercial Premises Act 1981 Section 7(5) repealed 16 December 1982 Banking Act 1982 Section 7(6) repealed 16 December 1982 Banking Act 1982 |
DLM439956 | 1976 | Tokelau Amendment Act 1976 | 1: Short Title
This Act may be cited as the Tokelau Amendment Act 1976, and shall be read together with and deemed part of the Act heretofore known as the Tokelau Islands Act 1948
2: Alteration of Short Titles of principal Act and amending Acts
1: The principal Act may hereafter be cited as the Tokelau Act 1948
2: The Short Title of the principal Act, and the Short Titles of—
a: The Tokelau Islands Amendment Act 1963
b: The Tokelau Islands Amendment Act 1967
c: The Tokelau Islands Amendment Act 1969
d:
e: The Tokelau Islands Amendment Act 1971
f: The Tokelau Islands Amendment Act 1974 are hereby consequentially amended, in each case, by omitting the word Islands
3: Every reference in any enactment to the Short Title of any of the said Acts is hereby consequentially amended by omitting the word Islands Subsection (2)(d) repealed 1 August 1986 18(1)(d) Tokelau Amendment Act 1986
3: References to Tokelau Islands in principal Act and other Acts to be read as references to Tokelau
1:
2: The Act heretofore known as the Tokelau Islands Amendment Act 1967
a: Omitting the word Islands
a: Omitting the word Islands
i:
ii:
iii: The definition of the term public purposes 18(1) 24(4)
3:
4: The said Tokelau Islands Amendment Act 1967 the Tokelau Islands
a:
b: Sections 18 public purposes subsection (1) 19 20 21 22 24 (4) 25 26(1) and substituting in each case the word Tokelau
5: The Act heretofore known as the Tokelau Islands Amendment Act 1970 the Tokelau Islands sections 4, 5, 6, 7, 8, 9 (except where they first occur in subsection (5)), 10(4), and 12(1) Tokelau
6: Section 9(5) of the said Tokelau Islands Amendment Act 1970 Islands
7: Section 2(3) Tokelau Islands Amendment Act 1974 the Tokelau Islands Tokelau
8: Every reference to the Tokelau Islands in every enactment not referred to in the foregoing provisions of this section in force at the passing of this Act or in any rule, regulation, order, or other document of any kind whatsoever in force at the passing of this Act shall after the passing of this Act be read as a reference to Tokelau. Subsection (2)(i) (ii) repealed (2)(iii) substituted 1 July 2001 3(2) Tokelau Amendment Act 1999 See section 3(4) (5) See Tokelau (Employer for Tokelau Public Service) Order 2001 sections 3 to 5 Subsections (3) (4)(a) repealed 1 July 2001 3(1)(c) Tokelau Amendment Act 1999 See section 3(4) (5) See Tokelau (Employer for Tokelau Public Service) Order 2001 sections 3 to 5 Subsection (4)(b) amended 1 July 2001 3(3) Tokelau Amendment Act 1999 by omitting the expression 8(3), 14(5)(a), See section 3(4) (5) See Tokelau (Employer for Tokelau Public Service) Order 2001 sections 3 to 5 |
DLM439968 | 1976 | Alcohol Advisory Council Act 1976 | 1: Short Title and commencement
1: This Act may be cited as the Alcohol Advisory Council
2: Sections 25 to 34 section 40
3: Except as provided in subsection (2), this Act shall come into force on the date on which it receives the Governor-General's assent. Section 1(1) amended 20 August 2000 section 4(2) Alcohol Advisory Council Amendment Act 2000
1A: Purpose
The purpose of this Act is to—
a: provide for the establishment of an Alcohol Advisory Council of New Zealand having as its primary objective the encouragement and promotion of moderation in the use of liquor, the discouragement and reduction of the misuse of liquor, and the minimisation of the personal, social, and economic harm resulting from the misuse of liquor; and
b: define the Council's functions and powers; and
c: make provision for the funding of the Council's activities by means of a levy on liquor imported into, or manufactured in, New Zealand. Section 1A inserted 20 August 2000 section 5 Alcohol Advisory Council Amendment Act 2000
2: Interpretation
1: In this Act, unless the context otherwise requires,— aggregate expenditure figure section 25(1) aggregate levy figure section 25(2) beer class of liquor Schedule Council section 3 Customs the Customs section 2(1) levy section 28 Liquor Fund Fund section 20 Minister preceding statistical year each class of liquor primary objective section 7 rate Schedule spirits wine
a: includes—
i: cider, perry, and mead; and
ii: fortified wines such as sherry, port, and fruit or vegetable-based liquors; but
b: does not include—
i: beer or spirits; or
ii: any liquor containing no more than 1.15% volume of alcohol winemaker Wine Act 2003
2:
2A:
2B:
2C:
2D: For the purposes of sections 26(2) 28
3: For the purposes of section 26(2)
4: For the purposes of sections 28 29A
5: For the purposes of section 26(2) Schedule Section 2(1) Alcoholic Liquor Account repealed 20 August 2000 section 6(3)(a) Alcohol Advisory Council Amendment Act 2000 Section 2(1) Alcoholic Liquor Fund Fund repealed 20 August 2000 section 6(3)(b) Alcohol Advisory Council Amendment Act 2000 Section 2(1) appointed member repealed 20 August 2000 section 6(3)(c) Alcohol Advisory Council Amendment Act 2000 Section 2(1) basic unit of liquor repealed 17 March 2009 section 4(1) Alcohol Advisory Council Amendment Act 2009 Section 2(1) beer substituted 25 October 1989 section 2(2) Alcoholic Liquor Advisory Council Amendment Act 1989 Section 2(1) chairman repealed 20 August 2000 section 6(1) Alcohol Advisory Council Amendment Act 2000 Section 2(1) chairperson repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) class of liquor inserted 17 March 2009 section 4(2) Alcohol Advisory Council Amendment Act 2009 Section 2(1) Collector of Customs Collector repealed 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) Council substituted 20 August 2000 section 6(1) Alcohol Advisory Council Amendment Act 2000 Section 2(1) Customs the Customs inserted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) financial year repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) fortified wine repealed 17 March 2009 section 4(1) Alcohol Advisory Council Amendment Act 2009 Section 2(1) fruit wine repealed 17 March 2009 section 4(1) Alcohol Advisory Council Amendment Act 2009 Section 2(1) grape wine repealed 17 March 2009 section 4(1) Alcohol Advisory Council Amendment Act 2009 Section 2(1) Hotel Investment Account repealed 1 April 1990 section 230(1) Sale of Liquor Act 1989 Section 2(1) Licensing Fund repealed 1 April 1990 section 230(1) Sale of Liquor Act 1989 Section 2(1) Liquor Fund Fund inserted 20 August 2000 section 6(2) Alcohol Advisory Council Amendment Act 2000 Section 2(1) Minister substituted 10 July 1987 Alcoholic Liquor Advisory Council Amendment Act 1987 Section 2(1) official member repealed 20 August 2000 section 6(3)(e) Alcohol Advisory Council Amendment Act 2000 Section 2(1) preceding statistical year amended 17 March 2009 section 4(3) Alcohol Advisory Council Amendment Act 2009 Section 2(1) preceding statistical year amended 13 July 1978 Alcoholic Liquor Advisory Council Amendment Act 1978 Section 2(1) rate inserted 17 March 2009 section 4(2) Alcohol Advisory Council Amendment Act 2009 Section 2(1) spirits substituted 25 October 1989 section 2(4) Alcoholic Liquor Advisory Council Amendment Act 1989 Section 2(1) wine substituted 17 March 2009 section 4(4) Alcohol Advisory Council Amendment Act 2009 Section 2(1) Wine Institute's trustee repealed 1 July 2004 section 124(2) Wine Act 2003 Section 2(1) winemaker added 1 July 2004 section 124(2) Wine Act 2003 Section 2(2) repealed 17 March 2009 section 4(5) Alcohol Advisory Council Amendment Act 2009 Section 2(2A) repealed 1 April 1990 section 230(1) Sale of Liquor Act 1989 Section 2(2B) repealed 1 April 1990 section 230(1) Sale of Liquor Act 1989 Section 2(2C) repealed 17 March 2009 section 4(5) Alcohol Advisory Council Amendment Act 2009 Section 2(2D) substituted 1 January 2004 section 124(1) Wine Act 2003 Section 2(2D) amended 17 March 2009 section 4(6) Alcohol Advisory Council Amendment Act 2009 Section 2(3) substituted 1 January 2004 section 124(1) Wine Act 2003 Section 2(3) amended 17 March 2009 section 4(7) Alcohol Advisory Council Amendment Act 2009 Section 2(4) substituted 1 January 2004 section 124(1) Wine Act 2003 Section 2(5) added 17 March 2009 section 4(8) Alcohol Advisory Council Amendment Act 2009 Constitution of Council
3: Constitution of Alcohol Advisory Council
1: For the purposes of this Act there is a Council called the Alcohol Advisory Council of New Zealand.
2: The name of the Alcohol Advisory Council is, in the Maori language, Kaunihera Whakatupato Waipiro O Aotearoa.
3: The Council is a Crown entity for the purposes of section 7
4: The Crown Entities Act 2004 Section 3 substituted 20 August 2000 section 7 Alcohol Advisory Council Amendment Act 2000 Section 3(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 3(4) added 25 January 2005 section 200 Crown Entities Act 2004
3A: Membership of Council
1: The Council consists of 8 members
2: The members of the Council must include—
a: at least 1 person who is Māori:
b: at least 1 person from the Pacific Island community:
c: at least 1 person with experience in public health:
d: at least 1 person with experience in the development and implementation of social policy:
e: at least 1 person with experience in the treatment of alcohol dependence.
3: Members of the Council are the board for the purposes of the Crown Entities Act 2004
4: Subsections (1) and (2) do not limit section 29 Section 3A inserted 20 August 2000 section 7 Alcohol Advisory Council Amendment Act 2000 Section 3A(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 3A(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 3A(4) substituted 25 January 2005 section 200 Crown Entities Act 2004
4: Term of office of members of Council
Section 4 repealed 25 January 2005 section 200 Crown Entities Act 2004
5: Deputy chairperson
Section 5 repealed 25 January 2005 section 200 Crown Entities Act 2004
6: Deputies of members
Section 6 repealed 25 January 2005 section 200 Crown Entities Act 2004 Objective, functions, and powers of Council
7: Primary objective of Council
The primary objective of the Council is the encouragement and promotion of moderation in the use of liquor, the reduction and discouragement of the misuse of liquor, and the minimisation of the personal, social, and economic harm resulting from the misuse of liquor. Section 7 substituted 20 August 2000 section 11 Alcohol Advisory Council Amendment Act 2000
8: Functions of Council
1: In pursuing its primary objective, the Council has the following functions:
a: to encourage, promote, sponsor, and co-operate in research into—
i: the use of liquor in New Zealand:
ii: public attitudes in New Zealand towards the use of liquor:
iii: problems associated with or consequent on the misuse of liquor in New Zealand:
iv: means of minimising the harmful effects of liquor:
b: to encourage, promote, sponsor, and co-operate in the dissemination to the public, or to any class of persons, of information relating to any problem that is or may be associated with or consequent on the misuse of liquor:
c: to devise, promote, sponsor, and conduct, and to encourage and co-operate in the preparation and conduct of, educational programmes for the public or for any class of persons (including persons attending schools or other educational institutions, and persons who may for any reason be at special risk in respect of liquor-related problems) designed—
i: to discourage the misuse of liquor:
ii: to encourage moderation in the use of liquor:
iii: to promote and encourage responsible attitudes towards the use of liquor:
d: to sponsor innovative programmes for the treatment, care, and rehabilitation of persons adversely affected by the use of liquor, whether by themselves or others:
e: with respect to any of the matters referred to in paragraphs (a) to (d), to make recommendations to the Government, departments of State, authorities in the fields of health, education, social welfare, and industry, and any other public or private bodies, associations, or persons:
f: to make recommendations to such person or persons as the Council thinks fit about the advertising of liquor, whether generally or through any particular medium, and the need to regulate or in any way restrict such advertising:
g: to consider such matters relating to the sale and consumption of liquor as may be referred to the Council from time to time by the Minister of the Crown who is for the time being responsible for the administration of the Sale of Liquor Act 1989
h: to consider and report to the Minister on such matters relating to the use or misuse of liquor as are referred to the Council from time to time by the Minister:
i: to carry out such other activities as, in the Council's opinion, will assist in the pursuit of its primary objective.
2: Without limiting its functions under subsection (1), the Council has the following further functions:
a: to encourage, promote, sponsor, and co-operate in the preparation, publication, and dissemination, to interested bodies, associations, and persons, of research papers, theses, and other reports relating to any matter with which the Council is concerned:
b: to obtain, monitor, analyse, collate, and disseminate to interested bodies, associations, and persons in New Zealand, information from overseas relating to any matter with which the Council is concerned:
c: to encourage, promote, sponsor, and co-operate in the preparation and publication of a bibliography of literature relating to any matter with which the Council is concerned.
3: Whenever the Council makes any recommendation under subsection (1)(f) about the advertising of liquor, then, if the recommendation is not made to the Minister, it must send a copy of its recommendation to the Minister. Section 8 substituted 20 August 2000 section 11 Alcohol Advisory Council Amendment Act 2000
9: Powers of Council
1:
2: The
a: make grants out of the
aa: make advances out of that Fund to any such body, association, or person, on such terms and subject to such conditions as to the payment of interest, the repayment of principal, the giving of security, and otherwise as the Council thinks fit:
b: co-operate with any body, association, or person engaged in any activity in any field with which the Council is concerned:
c: charge such fees (if any) as it may from time to time think reasonable for any material published by it and made available to the public.
3: Subsection (2) does not limit sections 16 17 Section 9(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 9(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 9(2)(a) amended 20 August 2000 section 12 Alcohol Advisory Council Amendment Act 2000 Section 9(2)(aa) inserted 13 July 1978 Alcoholic Liquor Advisory Council Amendment Act 1978 Section 9(3) added 25 January 2005 section 200 Crown Entities Act 2004
10: Council may appoint advisory and technical committees
Section 10 repealed 25 January 2005 section 200 Crown Entities Act 2004
11: Council may co-opt specialist advice
Section 11 repealed 25 January 2005 section 200 Crown Entities Act 2004 Administrative provisions
12: Meetings of Council
Section 12 repealed 25 January 2005 section 200 Crown Entities Act 2004
13: Council to appoint chief executive officer
1:
2:
3:
4:
5:
6:
7: In the event of any person being appointed to be the Council's chief executive officer while he is a contributor to the Government Superannuation Fund under Part 2 Government Superannuation Fund Act 1956 the Government Superannuation Fund Act 1956 Section 13(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 13(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 13(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 13(4) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 13(5) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 13(6) repealed 13 December 1979 Alcoholic Liquor Advisory Council Amendment Act 1979 Section 13(7) amended 1 November 1976 section 3(3) Government Superannuation Fund Amendment Act 1976
14: Other officers
Section 14 repealed 25 January 2005 section 200 Crown Entities Act 2004
15: Council may insure members
Section 15 repealed 25 January 2005 section 200 Crown Entities Act 2004
15A: Members of Council, etc, not personally liable
Section 15A repealed 25 January 2005 section 200 Crown Entities Act 2004
16: Fees and travelling allowances
Section 16 repealed 25 January 2005 section 200 Crown Entities Act 2004
17: Salaries, etc, to be payable out of Fund
All fees, salaries, allowances, and other expenditure payable or incurred under or in the administration of this Act shall be payable out of the Section 17 amended 20 August 2000 section 15 Alcohol Advisory Council Amendment Act 2000
18: Contracts of Council
Section 18 repealed 13 July 1978 Alcoholic Liquor Advisory Council Amendment Act 1978
19: Crown may provide services for Council
Section 19 repealed 25 January 2005 section 200 Crown Entities Act 2004
19A: Bank accounts
Section 19A repealed 25 January 2005 section 200 Crown Entities Act 2004
19B: Unauthorised expenditure
Section 19B repealed 25 January 2005 section 200 Crown Entities Act 2004
19C: Council may borrow funds to meet temporary shortfall
Section 19C repealed 25 January 2005 section 200 Crown Entities Act 2004 Heading amended 20 August 2000 section 17 Alcohol Advisory Council Amendment Act 2000
20: Establishment of Fund
1: For the purposes of this Act there shall be a fund, to be called the
2: There shall from time to time be paid into the Fund—
a: all money payable to the Council in respect of levies imposed under this Act:
b: any other money that may be lawfully payable into the Fund pursuant to this Act or any other enactment:
c: any money that may be donated or bequeathed to the Council for the purposes of the Council.
3: There shall from time to time be paid out of the Fund any money that may be lawfully payable out of the Fund pursuant to this Act or any other enactment. Section 20(1) amended 20 August 2000 section 18 Alcohol Advisory Council Amendment Act 2000
21: Alcoholic Liquor Account
Section 21 repealed 20 August 2000 section 19 Alcohol Advisory Council Amendment Act 2000
22: Investment of Fund
Section 22 repealed 25 January 2005 section 200 Crown Entities Act 2004
23: Crown entity
Section 23 repealed 25 January 2005 section 200 Crown Entities Act 2004 Imposition and payment of levies
24: Council to prepare and submit annual budget
Section 24 repealed 25 January 2005 section 200 Crown Entities Act 2004
25: Minister to assess aggregate expenditure figure and determine aggregate levy figure
1: In respect of each financial year the Minister, acting with the concurrence of the Minister of Finance, shall, after considering the forecast financial statements in the Council's statement of intent
2: Having assessed the aggregate expenditure figure in respect of any financial year under subsection (1), the Minister shall determine the aggregate levy figure for that year, being an amount equal to the aggregate expenditure figure less the amount that, in the Minister's opinion, is likely to be received by the Council during the financial year by way of interest on money belonging to the Fund invested by the Council
3: Nothing in this section shall oblige the Council to expend in any financial year the whole of its income received in that year; instead, the Council may accumulate any part of its income in any financial year and expend it as it sees fit for any of its purposes in any subsequent financial year.
4: Notwithstanding anything in subsection (2), where the Council carries forward any such amount to a subsequent financial year, the Minister may, in determining the aggregate levy figure for that year, take into account the whole or any part of that amount. Section 25(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 25(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 25(3) added 13 July 1978 Alcoholic Liquor Advisory Council Amendment Act 1978 Section 25(4) added 13 July 1978 Alcoholic Liquor Advisory Council Amendment Act 1978
26: Minister to determine amounts of levy for each class of liquor
1: After assessing the aggregate levy figure in respect of any financial year, the Minister must determine, in accordance with subsection (2), the amounts of the levies payable under section 28
2: The process for determining the amounts of levy is as follows:
a: Step 1
b: Step 2 Schedule
c: Step 3
d: Step 4
e: Step 5
3: If a rate for a class of liquor is described in the table in the Schedule
a: determine the rate to be applied to that class of liquor; and
b: in making that determination, use the method for determining variable rates that is described in the Schedule Section 26 substituted 17 March 2009 section 5 Alcohol Advisory Council Amendment Act 2009
27: Rate of levy fixed by Order in Council
1: The Governor-General may, by Order in Council, fix for the next financial year, by reference to each class of liquor, the amount of levy payable under section 28
2: The amount of levy for each class of liquor must be as determined by the Minister in accordance with section 26(2)
3: If a rate for a class of liquor is described in the table in the Schedule section 26(3) Section 27 substituted 17 March 2009 section 5 Alcohol Advisory Council Amendment Act 2009
28: Levies payable by importers and manufacturers of liquor
1: In every financial year a levy of the amount set by Order in Council made under section 27
a: enters for home consumption (as that expression is used in the Customs and Excise Act 1996
b: manufactures in New Zealand any beer or spirits; or
c: sells any wine manufactured by that person in New Zealand.
2: Notwithstanding anything in subsection (1), no levy shall be payable under this Act in respect of any liquor that is not subject to or is exempt from Customs duty under the Customs and Excise Act 1996
3: Notwithstanding anything in this Act, where any person may be allowed, under the Customs and Excise Act 1996
4: In this section the term Customs duty section 2(1) Section 28 substituted 25 October 1989 section 9(1) Alcoholic Liquor Advisory Council Amendment Act 1989 Section 28(1) substituted 17 March 2009 section 6 Alcohol Advisory Council Amendment Act 2009 Section 28(2) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 28(3) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 28(4) substituted 1 October 1996 section 289(1) Customs and Excise Act 1996
29: Payment and collection of levies in respect of beer
Section 29 repealed 1 October 1986 Customs Amendment Act 1986
29A: Payment and collection of levies in respect of beer, wine, and spirits
1: All levies payable under this Act in respect of any beer, wine, or spirits are payable to the Customs in addition to any duty payable to the Customs in respect of the beer, wine, or spirits under the Customs and Excise Act 1996
2: For the purposes of subsection (1), the levies are payable to the Customs at the same time as the excise duty or excise equivalent duty is payable under the Customs and Excise Act 1996 Section 29A substituted 1 July 2004 section 124(2) Wine Act 2003
30: Payment and collection of levies in respect of spirits
Section 30 repealed 1 October 1986 Customs Amendment Act 1986
31: Payment and collection of levies in respect of wine
Section 31 repealed 1 July 2004 section 124(2) Wine Act 2003
32: Powers of the Customs
The powers and authorities of the Customs under the Customs and Excise Act 1996 Section 32 substituted 1 October 1996 section 289(1) Customs and Excise Act 1996
33: All levies collected to be paid to Council
Subject to section 34 Customs Secretary of any District Licensing Agency Customs Secretary Section 33 amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 33 amended 1 April 1990 section 230(1) Sale of Liquor Act 1989
34: Crown may be reimbursed for collection of levies
1: Subject to subsection (2), for the purpose of reimbursing the Crown for any expenses incurred by the Customs in collecting any levies under this Act, the Customs may retain such percentage of every levy collected by it as may be determined by the Minister of Finance after consultation with the Council.
2: The amount of any levy retained under subsection (1) must not exceed 5% of the amount of the levies collected by the Customs.
3: The Crown is entitled in every financial year to recover from the Council out of the fund such sum in respect of the costs incurred by the Director-General of Health in administering this Act as may be determined by the Minister of Finance after consultation with the Council. Section 34 substituted 1 July 2004 section 124(2) Wine Act 2003 Miscellaneous provisions
35: Transitional provisions relating to funding
Section 35 repealed 1 April 1990 section 230(1) Sale of Liquor Act 1989
36: Donations and bequests to Council
Where, pursuant to the terms of any will or other instrument creating a trust, any money is payable to the Council, whether for the general purposes or for any specific purpose of the Council, the trustee may, unless the will or other instrument otherwise provides, pay the money to the Council without being concerned to see to the application thereof; and a receipt given on behalf of the Council and signed by the chairperson Section 36 amended 20 August 2000 section 22 Alcohol Advisory Council Amendment Act 2000
37: Exemption from taxation and duty
1: The Council is hereby declared to be exempt from the payment of
2: It is hereby declared that the purposes of the Council are charitable purposes. Section 37(1) amended 25 January 2005 section 200 Crown Entities Act 2004
37A: Common seal
Section 37A repealed 25 January 2005 section 200 Crown Entities Act 2004
38: Annual report
Section 38 repealed 25 January 2005 section 200 Crown Entities Act 2004
39: 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: providing for returns to be made by persons importing into or manufacturing in New Zealand any liquor, or any class or kind of liquor, for the purpose of ascertaining the amount of any levy payable under this Act, and providing for the verification of such returns:
b: exempting any person or class of persons from paying any levy that would otherwise be payable under this Act in any case where the cost of assessing or collecting the levy exceeds the amount payable by way of the levy:
ba: amending or replacing the table in the Schedule
c: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof.
2: Regulations under subsection (1)(ba) may be made only—
a: for the purpose of aligning the rates for classes of liquor under this Act with the classification system applied to alcoholic beverages under Part B of the Excise and Excise-equivalent Duties Table (as defined in section 76A
b: after consultation with the Minister of Customs. Section 39(1)(ba) inserted 17 March 2009 section 7(1) Alcohol Advisory Council Amendment Act 2009 Section 39(2) added 17 March 2009 section 7(2) Alcohol Advisory Council Amendment Act 2009 Section 39(2)(a) substituted 1 January 2010 section 11(4) Customs and Excise Amendment Act 2009
40: Repeal
Section 40 repealed 25 September 1989 Sale of Liquor Amendment Act 1989 |
DLM440783 | 1976 | Local Legislation Act 1976 | 1: Short Title
This Act may be cited as the Local Legislation Act 1976. City and borough councils
2: Dunedin City Council:
ex gratia The Mayor, Councillors, and Citizens of the City of Dunedin (in this section referred to as the Corporation said company ex gratia
3: Dunedin City Council:
ex gratia The Mayor, Councillors, and Citizens of the City of Dunedin (in this section referred to as the Corporation Company ex gratia
4: Manukau City Council: lease of land for religious purposes
1: In this section— the Corporation the said lease the said land 2
2: The Corporation is hereby authorised and empowered, upon and subject to such terms and conditions as it thinks fit,—
a: by agreement with the lessee for the time being thereunder to vary, in respect of the said land, any covenant, condition, or restriction contained or implied in, or imposed by the said lease; and
b: upon the expiration or surrender of the said lease in respect of the said land, deal with the said land in every way— as if the expression commercial or industrial purpose
5: Manukau City Council:
ex gratia The Mayor, Councillors, and Citizens of the City of Manukau (in this section referred to as the Corporation Company
6: Manukau City Council: Wiri bus depot
1: Notwithstanding section 7(3) of the South Auckland Local Authorities Empowering Act 1966, the actions of the Mayor, Councillors, and Citizens of the City of Manukau in paying, out of the net proceeds of the sale of the bus depot established under that Act, $30,093 to the Papatoetoe City Council, $36,606 to the Mount Wellington Borough Council, $16,342 to the Otahuhu Borough Council, and $40,513 to itself, are hereby validated and declared to have been lawful.
2: The South Auckland Local Authorities Empowering Act 1966 is hereby repealed.
7: Murupara Borough Council: validating excessive rate
Notwithstanding that the general rate on the unimproved value of rateable property of 7 cents per dollar resolved to be made and levied in respect of the year that ended with 31 March 1975 by the Murupara Borough Council (in this section referred to as the Council said rate
a: the said rate is hereby validated and declared to have been lawfully made:
b: all actions of the Council in levying and collecting the said rate are hereby validated and declared to have been lawful:
c: all money received by the Council in payment of the said rate is hereby declared to have been lawfully paid to and received by it:
d: such part of the said rate as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.
8: Ngaruawahia Borough Council: validating refund of money from loan
The actions of the Ngaruawahia Borough Council in paying the sum of $3,815 out of the proceeds of the loan known as the Water Supply Improvement Loan No 2 1974 into its General and Separate Rates and General Appropriations Account, in repayment of amounts spent in anticipation of the raising of that loan for purposes for which that loan was to be raised, are hereby validated and declared to have been lawful.
9: Papakura City Council: validating illegal loans
1: The actions of the Papakura City Council in raising the loans described in subsection (2) (in this section referred to as the said loans
2: The said loans comprise:
a: the loan of $35,000 known as the Pensioner Flats (Marne Road) Loan 1974;
b: the loan of $50,000 known as the Sewer Drainage Reticulation Loan 1975; and
c: the loan of $60,000 known as the Water Supply Improvement Loan 1974.
10: Te Aroha Borough Council: validating excessive rate
Notwithstanding that the general rate on the unimproved value of rateable property of 4.9196 cents per dollar resolved to be made and levied in respect of the year that ended with 31 March 1975 by the Te Aroha Borough Council (in this section referred to as the Council said rate
a: the said rate is hereby validated and declared to have been lawfully made:
b: all actions of the Council in levying and collecting the said rate are hereby validated and declared to have been lawful:
c: all money received by the Council in payment of the said rate is hereby declared to have been lawfully paid to and received by it:
d: such part of the said rate as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.
11: Te Kuiti Borough Council: extra payment to contractor
The actions of the Te Kuiti Borough Council in—
a: entering into an agreement dated 9 December 1974 whereby the said Council, in consideration of the completion by Donald Foster of Te Kuiti, contractor, within the time already specified therefor, of certain works agreed to be done by him, agreed to pay him the sum of $5,228.17 in excess of the amount already agreed to be paid to him for the doing of those works; and
b: paying the amount of $5,228.17 to the said Donald Foster on 13 June 1975— are hereby validated and declared to have been lawful.
12: Waihi Borough Council: sale of land taken for public recreation and pleasure ground
1: The land described in subsection (4) (in this section referred to as the said land provided that this subsection shall not affect any lease to which the said land was then subject, or any renewal of any such lease.
2: The Mayor, Councillors, and Citizens of the Borough of Waihi shall not sell any part of the said land except to the lessee for the time being thereof from it.
3: The District Land Registrar of the Land Registration District of South Auckland shall do all such things and make all such entries in his registers as may be necessary to give full effect to this section.
4: The said land comprises all that area in the South Auckland Land District, Ohinemuri County containing 12.5395 hectares, more or less, being Lot 1, Block I, DP 17197 being Part Waihi No 2 and 3 Blocks, Lots 2–9, Block I, Lots 1–7 and 10–13, Block II, Lots 1–8, 14–19 and 25–28, Block III, Lots 1–15, Block IV, Lots 1–3, Block V, DP 17197 being Part Waihi No 3 Block, Lots 4 and 5, Block V, DP 17197 being Part Waihi No 3 and 5 Blocks, Lots 16–32, Block IV, Lots 6–16, Block V, Lots 1–19, Block VI, Lots 1–15 and 18–29, Block VII, Lots 1–9, Block VIII, Lots 1–32, Block IX, Lots 1–16, Block X, Lots 1–13, Block XI, Lots 1–4, Block XII, Lots 1–19, Block XIII, DP 17197 being Part Waihi No 5 Block, Lots 1–32, 34–59 and Part Lot 33, DP 26781 being Part Waihi No 5 Block, Lots 1 and 2, DPS 10618 being Part Waihi No 3 Block, Lots 1 and 2, DPS 21291 being Part Waihi No 5 Block, Lot 1, DPS 2880 being Part Waihi No 5 Block, all situated in Block III, Waihi North Survey District.
5: Amendment(s) incorporated in the Act(s)
13: Waipawa Borough Council: validating sale of land
1: Notwithstanding that the Mayor, Councillors, and Citizens of the Borough of Waipawa (in this section referred to as the Council said land
a: the Memorandum of Transfer of the land described in subsection (2)(a) to Delta Engineering Company Limited, a duly incorporated company having its registered office at Waipawa, dated 13 December 1974 and registered in the Hawke's Bay District Land Registry under No 309649.1:
b: the Memorandum of Transfer of the land described in subsection (2)(b) to S. J. E. Stephenson Limited, a duly incorporated company having its registered office at Waipawa, dated 4 October 1974 and registered in the Hawke's Bay District Land Registry under No 309639.2:
c: the Memorandum of Transfer of the land described in subsection (2)(c) to Ashby Brothers (C.H.B.) Limited, a duly incorporated company having its registered office at Waipawa, dated 4 October 1974 and registered in the Hawke's Bay District Land Registry under No 309639.1.
2: The said land comprises:
a: all that parcel of land containing 162 m 2
b: all that parcel of land containing 7 773 m 2
c: all that parcel of land containing 4 193 m 2 County councils
14: Bay of Islands County Council: vesting of stopped road
1: The Chairman, Councillors, and Inhabitants of the County of Bay of Islands shall forthwith surrender to the District Land Registrar of the Land Registration District of North Auckland (in this section referred to as the Registrar Schedule
2: Upon the surrender to the Registrar of the certificate of title relating to it, each such parcel of land shall vest in the owner of adjoining land, and subject to the encumbrances, specified in the sixth column of the Schedule
3: The Registrar shall, without payment of any fee, do all such things and make all such entries in his registers as may be necessary to give full effect to this section.
15: Bay of Islands County Council: validating uniform annual charges
Notwithstanding that the uniform annual charges relating to the Kerikeri water supply scheme resolved to be made and levied by the Bay of Islands County Council (in this section referred to as the Council said charges
a: the said charges are hereby validated and declared to have been lawfully made:
b: all actions of the Council in levying and collecting the said charges are hereby validated and declared to have been lawful:
c: all money received by the Council in payment of the said charges is hereby declared to have been lawfully paid to and received by it:
d: such part of the said charges as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.
16: Taranaki County Council: contribution towards New Plymouth Opera House upgrading
The Taranaki County Council (in this section referred to as the Council Part 2 provided that the receipt of the Secretary for the time being of the said Board shall be a full and sufficient discharge of the Council for the said money, and the Council shall not be obliged to see to its application.
17: Taupo County Council: validating excessive rate
Notwithstanding that the general rate on the unimproved value of rateable property in the Mangakino Riding of 3.07 cents per dollar resolved to be made and levied in respect of the year that ended with 31 March 1975 by the Taupo County Council (in this section referred to as the Council said rate
a: the said rate is hereby validated and declared to have been lawfully made:
b: all actions of the Council in levying and collecting the said rate are hereby validated and declared to have been lawful:
c: all money received by the Council in payment of the said rate is hereby declared to have been lawfully paid to and received by it:
d: such part of the said rate as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.
18: Whakatane County Council: validating special rates
1: Notwithstanding that the total amount of each of the rates described in subsection (2) (in this section referred to as the said rates Council
a: the said rates are hereby validated and declared to have been lawfully made:
b: all actions of the Council in levying and collecting the said rates are hereby validated and declared to have been lawful:
c: all money received by the Council in payment of the said rates is hereby declared to have been lawfully paid to and received by it:
d: such part of the said rates as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.
2: The said rates comprise:
a: the special rate of 2.85 cents per dollar on the unimproved value of all rateable property in the area formerly known as the County Town of Matata, made by the Council in respect of the year that ended with 31 March 1975 at a duly notified ordinary meeting held on 23 July 1974 for the purpose of meeting the charges on, and repaying, a loan raised for the purposes of the Matata water supply;
b: the special rate of 1.8 cents per dollar on the unimproved value of all rateable property in the area formerly known as the County Town of Edgecumbe, made by the Council in respect of the year that ended with 31 March 1975 at the same meeting for the purpose of meeting the charges on, and repaying, a loan raised for the purposes of the Edgecumbe sewerage scheme; and
c: the special rate of 0.41 cents per dollar on the land value of all rateable property in the community of Matata, made by the Council in respect of the year that ended with 31 March 1976 at a duly notified ordinary meeting held on 29 July 1975 for the purpose of meeting the charges on, and repaying, the said loan raised for the purposes of the Matata water supply. Miscellaneous
19: Validating Election of Greytown Trust Lands Trustees
1: Notwithstanding the provisions of the Greytown Trust Lands Act 1956, the actions of the Greytown Trust Lands Trustees (in this section referred to as the Board
a: not making available for public inspection between 1 and 15 February 1976 the electors list described in section 4(1) of that Act; and
b: not holding a meeting between 22 and 28 February 1976 to hear and determine objections to the said electors list made pursuant to section 5 of the said Act— are hereby validated and declared to have been lawful.
2: Notwithstanding the provisions of the Local Elections and Polls Act 1966, the actions of Trevor John Morris, the former Returning Officer for the Board, in—
a: giving a lesser period of notice that an election was to be held on 27 May 1976 than the 35 days' notice required to be given by section 12 of that Act; and
b: accepting from candidates at the said election a deposit of $6 rather than the $10 required to be deposited by them by section 14(1) of the said Act— are hereby validated and declared to have been lawful.
3: Jack Alexander Hannan, of Greytown, company director, and Burnett Hereward Love Bull, of Greytown, retired overseer, are hereby declared to have been lawfully elected as members of the Board on 27 May 1976.
4: For the avoidance of doubt it is hereby declared that Thomas Harold Warburton, of Greytown, market gardener, and Donald Barclay Knight, of Greytown, clerk, were lawfully elected as members of the Board in 1975, and George Guy Brunton, of Greytown, shop manager, and Victor Keith Cooke, of Greytown, chemist, were lawfully elected as members of the Board in 1974.
20: Manawatu Catchment Board: compassionate grant
Notwithstanding section 6
21: Marlborough Hospital Board: maternity facilities at Picton Hospital
Notwithstanding section 157(c) of the Hospitals Act 1957 and Schedule 6 thereto, the discontinuance of accommodation and services for maternity patients at the Picton Hospital, on and from 17 November 1975, is hereby validated and declared to have been and to continue to be lawful.
22: Nelson Provincial Museum Trust Board: validation of amendment to agreement by contributing Councils
1: The agreement dated 24 August 1976, a certified copy of which is recorded in the Department of Internal Affairs at Wellington as number 105/887, between the local authorities specified in subsection (9) (in this section referred to as the contributing Councils
2: The agreement specified in section 40 said agreement
3: The contributions payable under the said agreement by the contributing Councils shall continue to be paid to the Nelson City Council (in this section referred to as the Council
4: The Executive Committee constituted pursuant to the said agreement shall continue to prepare vouchers for all expenses incurred by it and shall, at the end of every month, submit the vouchers duly certified as payable by the Chairman of the Committee to the Council, which shall be responsible for the payment out of the Museum Account of those expenses.
5: All donations and gifts for the Museum, including any bequests or the proceeds of any devises or bequests, that may be received by the Nelson Provincial Museum Trust Board constituted pursuant to the said agreement (in this section referred to as the Board provided that no money in the Gifts Account shall be expended except pursuant to a resolution of the Board: provided also that any property of any kind that is or has been given or held upon trust for a particular purpose shall be used only for that purpose.
6: It shall be lawful for the Nelson Institute, a body corporate constituted under the Nelson Institute Act 1907
7: While the said agreement remains in force, the Council may, from time to time, make bylaws for the purpose of regulating, controlling, or prohibiting any act, matter, or thing in connection with the control, management, maintenance, or use of the museum: provided that no such bylaw shall have any force or effect unless and until it has been approved by a resolution of the Board, which approval may be proved by the production of a copy of the resolution with a certificate thereon purporting to be signed by the Chairman and any 2 members of the Board.
8: Part 29 of the Municipal Corporations Act 1954 shall apply to all bylaws made under subsection (7).
9: The contributing Councils comprise:
a: the Nelson Borough Council:
b: the Motueka Borough Council:
c:
d: the Richmond Borough Council:
e: the Waimea County Council:
f: the Golden Bay County Council:
g:
10: Section 40
11: Notwithstanding subsection (10), all bylaws made pursuant to section 40(6) Section 22(9)(c) repealed 23 September 1983 section 6(2) Local Legislation Act 1983 Section 22(9)(g) repealed 23 September 1983 section 6(2) Local Legislation Act 1983
23: Ohura Town Council: validating illegal rates
1: The actions of the former Ohura Town Council (in this section referred to as the Council
a: failing to give the notice required by section 52 of the Rating Act 1967 of its intention to make a rate (in this section referred to as the said rates said meeting
b: failing to fulfil the condition imposed by section 51(b) of the Rating Act 1967 that the said rates be a rate of a stated amount in the dollar on the rateable values of the rateable property appearing in the valuation roll for the time being in force;
c: resolving at the said meeting that the said rates be a rate of 19 cents in the dollar comprising a general rate of 12 cents in the dollar and a water rate of 7 cents in the dollar;
d: calculating the said rates on the basis of the land value of all rateable property appearing in the valuation roll then in force; and
e: issuing demands in respect of the said rate that described the said rate as being calculated on the basis of the unimproved value of all rateable property appearing in the relevant valuation roll and comprising a general rate of 9 cents in the dollar, a water rate of 8 cents in the dollar (being an amount in excess of the limit imposed by section 95(2)(a) of the Municipal Corporations Act 1954), and a street lighting and maintenance rate of 2 cents in the dollar (being an amount in excess of the limit imposed by section 101 of that Act)— are hereby validated and declared to have been lawful.
2: The said rates are hereby validated and declared to have been lawfully made.
3: All actions of the Council and the Taumarunui County Council in levying and collecting the said rates are hereby validated and declared to have been lawful.
4: All money received by the Council and the Taumarunui County Council in payment of the said rates is hereby declared to have been lawfully paid to and received by them.
5: Such part of the said rates as has not yet been paid to the Council or the Taumarunui County Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.
24: Waverley Town Council: validating sewerage rates
1: Notwithstanding that the rates described in subsection (2) (in this section referred to as the said rates Council
a: the said rates are hereby validated and declared to have been lawfully made:
b: all actions of the Council in levying and collecting the said rates are hereby validated and declared to have been lawful:
c: all money received by the Council in payment of the said rates is hereby declared to have been lawfully paid to and received by it:
d: such part of the said rates as has not yet been paid to the Council is hereby declared to be lawfully payable, and capable of being collected as if it had always been lawfully payable.
2: The said rates comprise:
a: the charges for sewerage services resolved to be made and levied in respect of the year that ended with 31 March 1974 on rateable property in the Town of Waverley at a duly notified ordinary meeting of the Council held on 12 June 1973, being $40 in respect of commercial premises, $20 in respect of occupied residential sections, and $10 in respect of unoccupied sections; and
b: the charges for sewerage services resolved to be made and levied in respect of the year that ended with 31 March 1975 on rateable property in the Town of Waverley at a duly notified meeting of the Council held on 18 June 1974, being $40 in respect of commercial premises, $20 in respect of occupied residential sections, and $10 in respect of unoccupied sections. |
DLM439694 | 1976 | Energy Resources Levy Act 1976 | 1: Short Title
This Act may be cited as the Energy Resources Levy Act 1976.
2: Interpretation
1: In this Act, unless the context otherwise requires,— agent Secretary book and document book or document coal coal mine company energy resource land levy section 4 licence Petroleum Act 1937 section 4 month natural gas New Zealand the internal waters of New Zealand (as defined by section 4 , Contiguous Zone, section 2 owner to own partnership person petroleum
a: any naturally occurring hydrocarbon (other than coal), whether in a gaseous, liquid, or solid state; or
b: any naturally occurring mixture of hydrocarbons (other than coal), whether in a gaseous, liquid, or solid state; or
c: any naturally occurring mixture of 1 or more hydrocarbons (other than coal), whether in a gaseous, liquid, or solid state, and 1 or more of the following, namely, hydrogen sulphide, nitrogen, helium, or carbon dioxide produced Secretary South Island lignite
2: For the purposes of this Act, 2 or more persons acting as co-trustees shall be deemed to be 1 person. Section 2(1) agent amended 1 April 1978 Ministry of Energy Act 1977 Section 2(1) coal substituted 1 June 1978 Energy Resources Levy Amendment Act 1978 Section 2(1) coal mine substituted 12 December 1983 Energy Resources Levy Amendment Act 1983 Section 2(1) Commissioner repealed 1 April 1978 Ministry of Energy Act 1977 Section 2(1) New Zealand amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 2(1) New Zealand amended 1 October 1977 section 33(2)(b) Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 Section 2(1) Secretary substituted 2 January 1990 section 5 Ministry of Energy (Abolition) Act 1989
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 Section 2A inserted 20 May 2023 section 4 Energy Resources Levy Amendment Act 2023
3: Act to bind Crown
This Act shall bind the Crown.
1: Imposition of levy
4: Levy on natural gas and coal
1: Subject to sections 6 7 19
2: Subject to section 5
a: on natural gas, 45 cents per gigajoule:
b: on coal (other than South Island lignite), $2 per tonne:
c: on South Island lignite, $1.50 per tonne.
3: The person liable to pay the levy payable on any natural gas shall be the person who, at the time the natural gas was produced, held the licence relating to the land from which the natural gas was produced.
4: The person liable to pay the levy payable on any coal (including lignite) shall be the person who, at the time the coal was produced, was the owner of the coal mine from which the coal was produced.
5: Nothing in subsections (3) and (4) shall in any way derogate from Part 6
5: Rates of levy may be altered by Order in Council
1: The Governor-General may from time to time, by Order in Council, reduce or increase any or all of the rates of levy specified in subsection (2) of section 4 provided that no such rate may be increased under this subsection to such an extent that it would exceed the rate specified in that subsection (2).
2: An order under this section—
a: is secondary legislation ( see Part 3
b: must be confirmed by an Act ( see subpart 3
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 5(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 5(2) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 5(3) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015
5A: Orders are confirmable instruments
Section 5A repealed 28 October 2021 section 3 Secondary Legislation Act 2021
6: Exemptions from levy
1: Notwithstanding section 4
a: any natural gas produced as a result of a discovery of natural gas made on or after 1 January 1986; or
b: any energy resource that, in the opinion of the Secretary, has been unavoidably lost before any use or sale or other disposition of it.
2: Notwithstanding section 4
a: where the total energy content of all natural gas that is produced during a particular month and the levy on which would be payable by the same person does not exceed 50 gigajoules, no levy shall be payable on that natural gas:
b: where the total weight of all coal that is produced during a particular month and the levy on which would be payable by the same person does not exceed 10 tonnes, no levy shall be payable on that coal.
3: The exemption in subsection (1)(a) Section 6(1) substituted 28 September 1993 Energy Resources Levy Amendment Act 1993 Section 6(3) inserted 20 May 2023 section 5 Energy Resources Levy Amendment Act 2023
7: Levy on certain energy resources may be remitted or reduced by Order in Council
1: The Governor-General may, from time to time and in respect of any particular energy resource that in his opinion would not be produced if a levy at the rate specified in section 4 section 5
a: no levy shall be payable on that energy resource; or
b: a levy at the rate specified in the Order in Council (being a rate lower than that specified in the said section 4 section 5 and every such Order in Council shall have effect according to its tenor. The Governor-General may in like manner vary or revoke any such Order in Council.
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 7(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Returns
8: Returns
1: Subject to this section, every person who is liable to pay a levy on any energy resource shall, within 20 days after the end of the month during which the energy resource was produced, furnish to the Secretary section 32
2: The Secretary
3: The exercise by the Secretary Section 8(1) amended 1 April 1978 Ministry of Energy Act 1977 Section 8(2) amended 1 April 1978 Ministry of Energy Act 1977 Section 8(3) amended 1 April 1978 Ministry of Energy Act 1977
9: Secretary In addition to the returns required by section 8 Secretary Secretary Secretary Section 9 heading amended 1 April 1978 Ministry of Energy Act 1977 Section 9 amended 1 April 1978 Ministry of Energy Act 1977
10: Presumption as to authority
A return purporting to be furnished by or on behalf of any person shall for all purposes be deemed to have been furnished by that person or by his authority, as the case may be, unless the contrary is proved.
3: Payment, assessment, and recovery of levy
11: Time for payment of levy
1: Subject to this section and section 12(5) Secretary section 8
2: The Secretary Section 11(1) amended 1 April 1978 Ministry of Energy Act 1977 Section 11(2) amended 1 April 1978 Ministry of Energy Act 1977
12: Assessment of levy
1: Where the Secretary Secretary
2: Where—
a: any person makes default in furnishing any return; or
b: the Secretary
c: the Secretary the Secretary section 14
3: Subject to section 13 Secretary
4: As soon as conveniently may be after an assessment or amended assessment is made under this section, the Secretary provided that the omission to give any such notice shall not invalidate the assessment or amended assessment or in any manner affect the operation thereof.
5: Where any levy or further levy is assessed under an assessment or amended assessment made under this section the person liable to pay the levy or further levy shall pay the amount thereof to the Secretary section 8 provided that where the Secretary Secretary section 8
6: The validity of an assessment or an amended assessment shall not be affected by reason that any of the provisions of this Act have not been complied with.
7: Except in proceedings on appeal under section 14 Secretary Section 12(1) amended 1 April 1978 Ministry of Energy Act 1977 Section 12(2) amended 1 April 1978 Ministry of Energy Act 1977 Section 12(2)(b) amended 1 April 1978 Ministry of Energy Act 1977 Section 12(2)(c) amended 1 April 1978 Ministry of Energy Act 1977 Section 12(3) amended 1 April 1978 Ministry of Energy Act 1977 Section 12(4) amended 1 April 1978 Ministry of Energy Act 1977 Section 12(5) amended 1 April 1978 Ministry of Energy Act 1977 Section 12(5) amended 1 April 1978 Ministry of Energy Act 1977 Section 12(7) amended 1 April 1978 Ministry of Energy Act 1977
13: Limitation of time for amendment of assessment
1: Where any person has made a return in respect of any energy resource and has paid, or has been assessed for, a levy or further levy thereon, it shall not be lawful for the Secretary
a: where an assessment has not been made, to make an assessment:
b: where an assessment has been made, to alter the assessment so as to increase the amount thereof— after the expiration of 4 years from the day on which the return was made.
2: Notwithstanding subsection (1), in any case where, in the opinion of the Secretary Secretary
a: where an assessment has not been made, to make an assessment at any time:
b: where an assessment has been made, to alter the assessment at any time so as to increase the amount thereof. Section 13(1) amended 1 April 1978 Ministry of Energy Act 1977 Section 13(2) amended 1 April 1978 Ministry of Energy Act 1977
14: Appeal from assessment to
High Court
1: Where any person is dissatisfied with any assessment or amended assessment made by the Secretary under this Act, the person may appeal to the High Court provided that, except as otherwise expressly provided in this Act, there shall be no right of appeal with respect to any matter which by any provision of this Act is left to the discretion, judgment, opinion, approval, consent, decision, or determination of the Governor-General, the Minister of Finance, or the Chief Inspector of Coal Mines.
2: Every appeal under subsection (1) shall be made by giving notice of appeal within 2 months after the date on which the appellant was notified of the assessment or amended assessment appealed against or within such further time as the court may allow on application made either before or after the expiration of those 2 months.
3: In its determination of any appeal the court may confirm, modify, or reverse the assessment or amended assessment appealed against.
4: Subject to this section, the procedure in respect of any such appeal shall be in accordance with rules of court. Section 14 heading amended 15 August 1991 section 3(5) Judicature Amendment Act 1991 Section 14(1) amended 15 August 1991 section 3(5) Judicature Amendment Act 1991
15: Obligation to pay levy not suspended by appeal
The obligation to pay and the right to receive and recover any levy shall not be suspended by any appeal; but, if the appellant succeeds, the amount (if any) of the levy received by the Secretary Secretary Section 15 amended 1 April 1978 Ministry of Energy Act 1977
16: Additional levy for default in payment of levy
1: Subject to subsections (3) and (4) section 12 section 11
2: For the purposes of subsection (1), any amount payable thereunder as additional levy shall be calculated at the rate of 2
3: On application for relief made in writing by or on behalf of any person who has become liable under this section for the payment of any additional levy that does not exceed $500, the Secretary
a: by the remission of the whole or any part of the additional levy; or
b: where the additional levy has been paid in whole or in part, by the refund to the person of the whole or any part of the additional levy that has been paid, with or without the remission of any part of the additional levy that has not been paid.
4: On application for relief made in writing by or on behalf of any person who has become liable under this section for the payment of any additional levy that exceeds $500, the Minister of Finance, if having regard to the circumstances of the case he thinks it equitable to do so, may grant relief to the person—
a: by the remission of the whole or any part of the additional levy; or
b: where the additional levy has been paid in whole or in part, by the refund to the person of the whole or any part of the additional levy that has been paid, with or without the remission of any part of the additional levy that has not been paid.
5: Any amount imposed by way of additional levy under this section shall be in addition to any other penalty to which the person may be liable, and shall for all purposes be deemed to be of the same nature as the unpaid levy in respect of which it is imposed, and shall, except to the extent that relief is granted in respect thereof under subsection (3) or subsection (4), be recoverable accordingly. Section 16(2) amended 28 September 1993 Energy Resources Levy Amendment Act 1993 Section 16(3) amended 1 April 1978 Ministry of Energy Act 1977
17: Recovery of levy
1: All money payable to the Secretary
2: The right to recover any levy as a Crown debt shall not be affected by the fact that a bond or security has been given for the payment of the levy or that no proper assessment of the levy has been made in due course or that a deficient assessment of the levy has been made.
3: Without in any way derogating from the Income Tax Act 2007 Tax Administration Act 1994 section RA 7 sections 156 158 to 164
a: every reference in those provisions to income tax or to tax were a reference to a levy; and
b: every reference in those provisions to the Commissioner were a reference to the Secretary section 2
c: for the words tax, and no proceedings on objection to an assessment of tax section 162 a levy, and no proceedings on appeal against an assessment or amended assessment of a levy
d: for the words this Act section 164 the Energy Resources Levy Act 1976
4: All money paid to or recovered by the Secretary a Section 17(1) amended 1 April 1978 Ministry of Energy Act 1977 Section 17(3) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 17(3) amended 1 April 1995 Income Tax Act 1994 Section 17(3)(b) amended 1 April 1978 Ministry of Energy Act 1977 Section 17(3)(c) amended 1 April 1995 Income Tax Act 1994 Section 17(3)(d) amended 1 April 1995 Income Tax Act 1994 Section 17(4) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 17(4) amended 1 April 1978 Ministry of Energy Act 1977
4: Refunds and relief from levy
18: Refund of excess levy
Where the Secretary Secretary provided that no refund shall be made under this section after the expiration of the period of 8 years immediately after the date on which the levy was paid by him, unless written application for the refund is made by or on behalf of the person before the expiration of that period. Section 18 amended 1 April 1978 Ministry of Energy Act 1977
19: Relief in cases of serious hardship
In any case where it is shown to the satisfaction of the Minister of Finance that any person who has become liable to pay a levy has suffered such loss or is in such circumstances that the exaction of the full amount of the levy would entail or has entailed serious hardship, the Minister of Finance may release the person wholly or in part from his liability to pay the levy and may take such steps as are necessary for that purpose; and the Minister of Finance may, if the levy or any part thereof has already been paid, refund the whole or any part of the amount paid.
20: Appropriation of refunds
Any refund of a levy or an additional levy under this Act may be paid from public money Section 20 amended 26 July 1989 section 86(1) Public Finance Act 1989
5: Offences
21: Offences
1: Every person commits an offence against this Act who—
a: refuses or fails to furnish any return or information as and when required by this Act or any regulations made thereunder; or
b: wilfully or negligently makes any false return, or gives any false information, or misleads or attempts to mislead the Secretary responsible department of State
c: resists, obstructs, deceives, or attempts to deceive any person acting in the discharge of his duties or functions or in the exercise of his powers under this Act; or
d: acts in contravention of or, without lawful justification or excuse, fails to comply in any respect with any provision of this Act or of any regulations made thereunder or any requirement imposed under this Act or the regulations; or
e: aids, abets, or incites any other person to commit any offence against this Act or against any regulations made thereunder.
f:
2: Every person who commits an offence against this Act for which no other penalty is prescribed shall be liable on Section 21(1)(b) amended 2 January 1990 section 4(c) Ministry of Energy (Abolition) Act 1989 Section 21(1)(b) amended 1 April 1978 Ministry of Energy Act 1977 Section 21(1)(f) repealed 1 April 1987 section 25(1) Official Information Amendment Act 1987 Section 21(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
22: Information may charge several offences
1: Any charging document
2: Where 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. Section 22(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 22(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
23: Charging document may be filed within 10 years
Despite anything to the contrary in section 25 Section 23 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
6: Agents
24: Interpretation
For the purposes of this Part— absentee
a: any person (other than a company) who is for the time being out of New Zealand:
b: any overseas company, unless it has a fixed and permanent place of business in New Zealand at which it carries on business in its own name:
c: any overseas company, which is declared by the Secretary to be an absentee for the purposes of this Act by notice given to that company or to its agent or attorney in New Zealand, so long as that declaration remains unrevoked overseas company
25: Secretary The Secretary Section 25 heading amended 1 April 1978 Ministry of Energy Act 1977 Section 25 amended 1 April 1978 Ministry of Energy Act 1977
26: Relation of principal and agent arising in effect
Where the Secretary agent principal Section 26 amended 1 April 1978 Ministry of Energy Act 1977
27: Liability of new companies for levy payable by former companies with substantially the same shareholders or under the same control
Without in any way derogating from the Income Tax Act 2007 section HD 15 Section 27 amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
28: Liability of agent of absentee principal for returns and levy
Every person who has the possession, control, or management of a licence held or coal mine owned by any other person who is an absentee shall, for the purposes of this Act, be the agent of that other person in respect of any energy resource produced from land to which that licence relates or from that coal mine, as the case may be, and shall make returns and shall be chargeable with, and assessable and liable for, any levy payable thereon accordingly.
29: General provisions
With respect to every agent, the following provisions shall apply:
a: he shall, in respect of the energy resource in respect of which he is an agent, make the returns and be chargeable with the levy thereon as if he were the principal, and each return shall, except as otherwise provided by this Act, be separate and distinct from any other:
b: where as agent he pays any levy, he may recover the amount so paid from his principal, or may deduct the amount from any money in his hands belonging or payable to his principal:
c: he may from time to time retain out of any money belonging or payable to his principal such sums as may reasonably be deemed sufficient to pay the levy for which he is or may become liable:
d: he shall be personally liable for the levy payable in respect of the energy resource in respect of which he is an agent if, after the Secretary Section 29(d) amended 1 April 1978 Ministry of Energy Act 1977
30: Liability of principal not affected
1: Nothing in this Act relating to an agent shall be so construed as to release the principal from liability to make returns and to be chargeable with, and assessable and liable for, a levy.
2: No assessment of the agent shall preclude an assessment of the principal for the same levy, not shall an assessment of the principal preclude an assessment of the agent for the same levy, and the principal and agent shall be jointly and severally liable for any levy for which the agent is liable.
3: Where 2 or more persons are chargeable as agents with the same levy, they shall be jointly and severally liable therefor.
7: General provisions
31: Effect of imposition or alteration of levy on agreements for sale and prices of energy resources
1: Notwithstanding any other enactment or rule of law, every agreement, for the sale of an energy resource in respect of which a levy is payable, that has been made at any time before the day on which this Act receives the Governor-General's assent shall (unless the parties to the agreement otherwise agree or express provision to the contrary is made by the agreement or the amount of the levy has been specifically allowed for in the agreed price) be deemed to be modified by adding to the agreed price for the energy resource the amount of the levy payable in respect thereof.
2: Notwithstanding any other enactment or rule of law, if any alteration of any or all of the rates of levy is made by Order in Council, or by expiration of an Order in Council, pursuant to section 5
a: if the alteration increases the amount of levy payable in respect of the energy resource, there shall be added to the agreed price for the energy resource the difference between the amount of levy that would have been payable in respect of the energy resource had the alteration not been made and the amount of levy actually payable in respect of the energy resource:
b: if the alteration reduces the amount of levy payable in respect of the energy resource, there shall be deducted from the agreed price for the energy resource the difference between the amount of levy that would have been payable in respect of the energy resource had the alteration not been made and the amount of levy actually payable in respect of the energy resource.
3: Notwithstanding any other enactment, where an agreement for the sale of an energy resource in respect of which a levy is payable or has been paid is made at any time on or after the day on which this Act receives the Governor-General's assent, the price payable under that agreement for that energy resource may be an amount not exceeding the total of—
a: the maximum price that would have been lawfully payable therefor under such an agreement if this Act had not been passed; and
b: the amount of the levy payable or paid in respect of that energy resource.
4: Notwithstanding any other enactment, rule of law, deed, or agreement, where a person is liable to pay to any other person a royalty, rent, tribute, or fine on any energy resource produced and the amount of that royalty, rent, tribute, or fine is a percentage of or calculated by reference to the selling price of that energy resource, the selling price for the purposes of calculating the royalty, rent, tribute, or fine payable shall be the amount that the selling price would have been had this Act not been passed, unless both those persons otherwise agree.
5: Section 74A(1) section 74A(2)
6: In this section— agreement energy resource natural gasoline Natural Gas Corporation Act 1967 Section 31(5) replaced 1 March 2017 section 8(2) Property Law Amendment Act 2016
32: Power of
Secretary For the purposes of this Act the Secretary Section 32 heading amended 1 April 1978 Ministry of Energy Act 1977 Section 32 amended 1 April 1978 Ministry of Energy Act 1977
33: Evidence of forms, returns, assessments, and financial transactions
1: The production of any document under the hand of the Secretary Secretary
2: The production of any document under the hand of the Secretary Secretary
3: In proceedings for an offence against this Act and in proceedings in the course of which the Secretary section 2 of the Banking Act 1982
4: A copy of any book or document, or of an entry in any book or document, that would be admissible in evidence under subsection (3), or a copy of any such copy, shall be admissible as evidence of the book or document or entry and of the transactions, dealings, matters, and amounts therein disclosed, whether or not notice to produce the book or document or entry or copy has been given.
5: In subsections (3) and (4) the term business Section 33(1) amended 1 April 1978 Ministry of Energy Act 1977 Section 33(2) amended 1 April 1978 Ministry of Energy Act 1977 Section 33(3) amended 16 December 1982 Banking Act 1982 Section 33(3) amended 1 April 1978 Ministry of Energy Act 1977
34: Secretary's
1: Notwithstanding anything in any other Act, the Secretary responsible department of State Secretary
2: The Secretary Secretary
3: Every person (including any officer employed in or in connection with any department of the Government or by any public authority, and any other public officer) shall, when required by the Secretary statements of financial position Secretary
4: The Secretary
5: Any person producing any books or documents which are retained by the Secretary Secretary
6: The Secretary Section 34 heading amended 1 April 1978 Ministry of Energy Act 1977 Section 34(1) amended 2 January 1990 section 4(c) Ministry of Energy (Abolition) Act 1989 Section 34(1) amended 1 April 1978 Ministry of Energy Act 1977 Section 34(2) amended 1 April 1978 Ministry of Energy Act 1977 Section 34(3) amended 1 October 1997 section 6(1) Financial Reporting Amendment Act 1997 Section 34(3) amended 1 April 1978 Ministry of Energy Act 1977 Section 34(4) amended 1 April 1978 Ministry of Energy Act 1977 Section 34(5) amended 1 April 1978 Ministry of Energy Act 1977 Section 34(6) amended 1 April 1978 Ministry of Energy Act 1977
35: Chief Inspector of Coal Mines to decide what is lignite
Where there is disagreement between the Secretary section 8 of the Coal Mines Act 1979 Section 35 amended 1 April 1980 Coal Mines Act 1979 Section 35 amended 1 April 1978 Ministry of Energy Act 1977
36: Measurement of energy resources and keeping of records
1: Every person who is liable to pay a levy on any energy resource shall ensure that it is weighed or measured for the purposes of this Act in accordance with regulations made under this Act or, in default of any such regulations or so far as such regulations do not extend, in such manner as the Minister
2: Every person who is liable to pay a levy shall, for the purposes of this Act, keep sufficient books and documents to enable his liability to be readily ascertained by the Secretary Secretary provided that this subsection shall not require the retention of any books and documents in respect of which the Secretary Section 36(1) amended 2 January 1990 section 5 Ministry of Energy (Abolition) Act 1989 Section 36(1) amended 1 April 1978 Ministry of Energy Act 1977 Section 36(2) amended 1 April 1978 Ministry of Energy Act 1977 Section 36(2) proviso amended 1 April 1978 Ministry of Energy Act 1977
37: 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 duties and functions of officers and employees of the Ministry
b: prescribing, or providing that the Secretary Secretary Secretary
c: providing for such other matters, not inconsistent with this Act, as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
2: Any regulations made under this section may provide that they shall come into force or shall be deemed to have come into force on a date to be specified therein, whether that date is before or after the date of the making of the regulations.
3: Regulations under this section—
a: are secondary legislation ( see Part 3
b: commence in accordance with subsection (2), even if they are not yet published.
4: If the regulations under subsection (1)(b) provide that the Secretary or another person may prescribe any matter,—
a: an instrument prescribing any of those matters 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 (3). Legislation Act 2019 requirements for secondary legislation referred to in 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 referred to in subsection (4)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (4)(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (3) 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 37(1)(a) amended 2 January 1990 section 5 Ministry of Energy (Abolition) Act 1989 Section 37(1)(a) amended 1 April 1978 Ministry of Energy Act 1977 Section 37(1)(b) amended 1 April 1978 Ministry of Energy Act 1977 Section 37(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 37(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
38: Amendments to Ministry of Energy Resources Act 1972
Section 38 repealed 1 April 1978 Ministry of Energy Act 1977 |
DLM439138 | 1976 | Plumbers, Gasfitters, and Drainlayers Act 1976 | 1: Short Title and commencement
1: This Act may be cited as the Plumbers, Gasfitters, and Drainlayers Act 1976.
2: Except as provided in section 54
2: Interpretation
In this Act, unless the context otherwise requires,— Board section 5 Chairman clause 1 Chairman: this definition was substituted 21 October 1999 2(1) Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 Consumer section 2(1) Gas Act 1992 Consumer: this definition was inserted 28 September 1993 Plumbers, Gasfitters, and Drainlayers Act 1993 Craftsman gasfitter section 20 registered as a craftsman gasfitter registration as a craftsman gasfitter Craftsman plumber section 20 registered as a craftsman plumber registration as a craftsman plumber Deputy Chairman clause 1 Deputy Chairman: this definition was substituted 21 October 1999 2(1) Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 Distribution system section 2(1) Gas Act 1992 Distribution system: this definition was inserted 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 Document Official Information Act 1982 Document: this definition was inserted 21 October 1999 2(2) Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 Drain drainage board
a: the Hutt Valley Drainage Board:
b: any board of trustees constituted under the Land Drainage Act 1908 Drainage board: this definition was substituted 1 July 2003 262 Local Government Act 2002 See sections 273 to 314 Drainlaying
a: Laying a drain, other than a cast iron drain that has lead joints:
b: Altering, reconstructing, extending, repairing, opening-up, or renewing—
i: A drain; or
ii: A fitting connected to a drain— other than a cast iron drain that has lead joints:
c: Fixing or unfixing a sewage tank to or from a drain, other than a cast iron drain that has lead joints:
d: Fixing or unfixing a gully-trap or other trap in connection with a drain or sewage tank: Electronic transmission Electronic transmission: this definition was inserted 21 October 1999 2(2) Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 Employer licence section 39A Employer licence: this definition was inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Fittings section 2(1) Gas Act 1992 Fittings: this definition was inserted 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 Fixing fix unfix Gas section 2 Gas Act 1992 Gas: this definition was substituted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Gas appliance section 2(1) Gas Act 1992 Gas appliance: this definition was inserted 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 Gas inspector section 20 registered as a gas inspector registration as a gas inspector Gas inspector: this definition was inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Gas measurement system section 2(1) Gas Act 1992 Gas measurement system: this definition was inserted 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 Gas refueller section 2(1) Gas Act 1992 Gas refueller: this definition was inserted 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 Gas transmission section 2(1) Gas Act 1992 Gas transmission: this definition was inserted 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 Gasfitting
a: The work of fixing or unfixing pipes (including flue and ventilation pipes) beyond the outlet of any gas measurement system supplying a consumer or gas refueller with gas (or, where there is no such gas measurement system, beyond the custody transfer point of the place at which gas is supplied to a consumer or gas refueller):
b: The work of fixing or unfixing pipes (including flue and ventilation pipes) that convey gas from any gas storage container in the possession or control of a consumer or gas refueller, and—
i: In the case of liquefied petroleum gas, that are downstream of the first regulator beyond that container; or
ii: In the case of any other gas or where there is no such regulator (in the case of liquefied petroleum gas), that are downstream of the outlet valve of the container:
c: The work of fixing or unfixing the whole or part of the control system of any gas appliance— but does not include—
d: Work on any gas storage container, including its fixing or unfixing; or
e: Work on any gas transmission system or distribution system; or
f: Work on any pipes or fittings supplied with liquefied petroleum gas from any gas storage container or containers that contains, or together contain, less than 15 kilograms net weight of liquefied petroleum gas; or
g: Work in any circumstances where the exclusions in section 3(2) Gas Act 1992 Gasfitting: this definition was amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Gasfitting: this definition was substituted 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 Investigator section 40 Licence section 36 or section 36B 37 Licence: this definition was amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the expression or section 36B Limited certificate section 38 Local authority
a: a territorial authority within the meaning of the Local Government Act 2002
b: Any other local authority within the meaning of that Act that undertakes the functions conferred on local authorities by this Act, or to which those functions are delegated, whether pursuant to that Act or to any other enactment: Local authority: paragraph (a) of this definition was substituted 1 July 2003 262 Local Government Act 2002 See sections 273 to 314 Minister Ministry Gas Act 1992 Ministry: this definition was inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Pipe section 2(1) Gas Act 1992 Pipe: this definition was inserted 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 Registered drainlayer section 20 registered as a drainlayer registration as a drainlayer Registered gasfitter section 20 registered as a gasfitter registration as a gasfitter Registered person a gas inspector, Registered person: this definition was amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words a gas inspector, Registered plumber section 20 registered as a plumber registration as a plumber Registrar section 13 Sanitary plumbing section 3 Secretary Secretary: this definition was inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Tradesperson section 57 (2) Tradesperson: this definition was inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 1964 No 132 s 2
3: Meaning of
sanitary plumbing
1: In this Act, unless the context otherwise requires, sanitary plumbing
a: The work of fixing or unfixing any bath, shower, lavatory basin, sink, slop sink, urinal, water closet, bedpan washer, bedpan steriliser, laundry tub, or washing machine, or any other sanitary fitting or appliance, or any fittings or accessories associated therewith:
b: The work of fixing or unfixing any trap, waste or soil pipe, ventilation pipe, or overflow pipe connected with or intended to be connected with or accessory to any sanitary fitting or appliance or any drain, whether or not the fitting, appliance, or drain is there when the work is done:
c: The work of fixing or unfixing any pipe that—
i: Supplies or is intended to be a means of supplying water to any sanitary fitting or appliance; and
ii: Is within the legal boundary of the premises on which that sanitary fitting or appliance is or will be installed,— whether or not that sanitary fitting or appliance is there when the work is done:
d:
e: The work of laying, fixing, or unfixing any cast iron drain that has lead joints:
f: Generally all plumbing work associated with any sanitary fitting or appliance.
2: Notwithstanding subsection (1) sanitary plumbing
a: The work of fixing or unfixing any sanitary fitting or appliance that is installed in any ship, aircraft, or vehicle, or any plumbing work associated with any such sanitary fitting or appliance; or
b: The work of fixing or unfixing a gas, electrical, or solar water heater that supplies or is intended to supply hot water to not more than one sanitary fitting or appliance; or
c: The work of fixing or unfixing any other gas, electrical, or solar water heater in any case where fixing or unfixing of pipes supplying or intended to supply water is not involved; or
d: The work of fixing or unfixing a bedpan washer, a bedpan steriliser, or a washing machine in any case where the fixing or unfixing of waste pipes or of pipes supplying or intended to supply water is not involved; or
e: The work of fixing or unfixing a pipe for reticulating hot water in any central heating system or a pipe supplying cold water from a tank or pressure reducing valve to a heating appliance used exclusively for a central heating system; or
f: The work of repairing or replacing taps, ball valves, tap washers, or plugs; or
g: The work of fixing or unfixing any shower that is installed over a bath and that is supplied with water through the bath taps.
3: Notwithstanding the definition of the term sanitary plumbing subsection (1) Public Works Act 1981 subsection (4) Land Act 1948 Reserves Act 1977 1964 No 132 s 2 1967 No 22 s 2 Subsection (1)(c) substituted 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 Subsection (1)(d) repealed 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980
4: Act to bind Crown
This Act binds the Crown. 1964 No 132 s 3
1: Plumbers, Gasfitters, and Drainlayers Board
5: Constitution of Board
1: There is hereby constituted a board to be called the Plumbers, Gasfitters, and Drainlayers Board.
2: The Board shall be a body corporate with perpetual succession and a common seal, and shall be capable of acquiring, holding, and disposing of real and personal property, of suing and being sued, and of doing and suffering all such acts and things as bodies corporate may lawfully do and suffer.
3: On the date of the commencement of this Act the Board shall succeed to the rights, duties, responsibilities, and obligations conferred and imposed immediately before that date on the Plumbers and Gasfitters Board established under the Plumbers and Gasfitters Registration Act 1964
4: Notwithstanding anything in the Public Records Act 2005 Ministry of Health 1964 No 132 s 4(1) The reference to Ministry of Health replaced Department of Health 1 July 1993 38(3) Health Amendment Act 1993 Subsection (4) amended 21 April 2005 67(1) Public Records Act 2005 by substituting the words Public Records Act 2005 Archives Act 1957
6: Constitution of Board
1: The Board consists of—
a: Two persons, each of whom must be a craftsman plumber or a registered plumber; and
b: Two persons, each of whom must be a craftsman gasfitter or a registered gasfitter; and
c: Two registered drainlayers; and
d: Four other persons, of whom—
i: One (but not more than 1) may be a registered person; and
ii: One (but not more than 1) may be a representative of a relevant training organisation.
2: Each member is appointed by the Minister by notice in the Gazette Subsection (1)(d) amended 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 by adding the words or the Registered... New Zealand Incorporated Subsection (1)(e) substituted 16 December 1988 Plumbers, Gasfitters, and Drainlayers Amendment Act 1988 Subsection (1)(f) repealed 16 December 1988 Plumbers, Gasfitters, and Drainlayers Amendment Act 1988 Section 6 substituted 21 October 1999 3 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 See section 14 The references to Ministry of Education Secretary of Education replaced 1 October 1989 Department of Education Director-General of Education 144(2) Education Act 1989 The reference to Ministry of Health replaced 1 July 1993 Department of Health 38(3) Health Amendment Act 1993 The reference to chief executive of the Department of Labour replaced 16 October 1989 Secretary of Labour 2(8) Labour Department Act Repeal Act 1989
6A: Term of office
1: Each member takes office from a date specified for that purpose in the notice appointing the member or, if no date is specified in the notice, from the date on which the notice is published in the Gazette
2: Each member is appointed for a term of 3 years or such shorter term as is specified in the notice of appointment, and may be reappointed from time to time, but no person is eligible to be a member for more than 9 consecutive years. Sections 6A 6B inserted 21 October 1999 3 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 See section 14
6B: Vacation of office
1: Any member of the Board may at any time resign his or her office by giving a notice to that effect to the Minister.
2: A member of the Board is to be taken to have vacated his or her office if—
a: He or she dies; or
b: He or she is adjudged bankrupt under the Insolvency Act 2006
3: Any member of the Board may be removed from office by the Minister, by notice given to the member, on the grounds of a mental or physical condition affecting performance of duty, or for neglect of duty, or misconduct, proved to the satisfaction of the Minister.
4: A member of the Board may be removed from office by the Minister, with the concurrence of the Board, by notice given to the member, on the ground that the member's performance on the Board is inadequate.
5: The powers of the Board are not affected by any vacancy in its membership. Sections 6A 6B inserted 21 October 1999 3 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 See section 14 Section 6B(2)(b) amended 3 December 2007 section 445 Insolvency Act 2006
7: Chairman of Board
Sections 7 to 10 repealed 21 October 1999 4 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
8: Deputy Chairman of Board
Sections 7 to 10 repealed 21 October 1999 4 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
9: Meetings of Board
Sections 7 to 10 repealed 21 October 1999 4 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
10: Deputies of members
Sections 7 to 10 repealed 21 October 1999 4 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
11: Functions and powers of Board
1: The functions of the Board shall be—
a: To make arrangements for the examination of persons practising or intending to practise the plumbing or gasfitting or drainlaying trades:
b: To present or issue, either independently or in conjunction with any other examining body, diplomas or certificates to any such person in recognition of his proficiency in any of those trades:
c: To make recommendations to any person or body concerned with the education or training of any person wishing to enter the plumbing or gasfitting or drainlaying trades, or with regard to any other matter affecting such trades:
d: To receive applications for registration under this Act, and to authorise registration in proper cases:
da: To ensure that craftsmen gasfitters, gas inspectors, and registered gasfitters maintain an adequate level of competence in the field of work in respect of which they are registered:
e: To exercise disciplinary powers in accordance with the provisions of Part 4
f: To institute prosecutions against registered persons or other persons for the breach of any Act or regulation relating to sanitary plumbing, gasfitting, or drainlaying:
g: To make recommendations to the Minister with respect to the making of regulations under this Act, or the making of regulations controlling sanitary plumbing or drainlaying under the Health Act 1956
h: Generally, within the scope of its authority, to do whatever may in its opinion be necessary for the effective administration of this Act:
i: To perform such other functions as may be conferred on it by any other enactment.
2: The Board shall have all such powers as may be reasonably necessary to enable it to properly carry out its functions. 1964 No 132 s 7(1), (2)(b) Subsection (1)(da) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
12: Committees and advisers
Section 12 repealed 21 October 1999 4 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
13: Registrar and other officers
1: The Board shall from time to time appoint a person to be the Registrar of Plumbers, Gasfitters, and Drainlayers, and may from time to time appoint such Deputy Registrars and other officers, employees, and agents as it thinks necessary for the efficient performance of the Board's functions, and may pay them such remuneration as it considers appropriate.
2: A member of the Board may concurrently hold the post of Registrar, or any other office of employment under the Board. Financial provisions
14: Fees and allowances
There may be paid to members of the Board, any committee appointed by the Board, and to investigators appointed under section 40 Section 14 substituted 21 October 1999 5 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
14A: Board may prescribe fees
1: The Board may from time to time, by notice in the Gazette
a: An application for registration under this Act:
b: An addition or alteration to the register:
c: The issue of any licence:
d: The issue of any certificate, or a copy of any certificate:
e: An application for an exemption under this Act:
f: The supply of a copy of any entry in the register:
g: Inspection of the register, or of any other documents kept by the Board that are open for inspection:
h: The supply to any registered person of any documents, other than certificates of registration, required by him or her for the purpose of seeking registration overseas:
i: Any other matter that relates to anything the Board is required to do in order to carry out its functions.
2: Different fees may be prescribed under this section for different classes of registered person.
3: Any notice prescribing any fee under this section may exempt any class or classes of person from liability to pay any such fee, and may provide for the waiver or refund of any such fee. 1995 No 95 s 126 Sections 14A to 14C inserted 21 October 1999 5 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
14B: Disciplinary levy
1: The Board may from time to time, by notice in the Gazette
a: Investigations into allegations or complaints against registered persons; and
b: Proceedings concerning discipline under this Act.
2: Any notice imposing any levy under this section may exempt from liability to pay such levy any class or classes of registered person, and may provide for the waiver or refund of any such levy. 1995 No 95 s 127 Sections 14A to 14C inserted 21 October 1999 5 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
14C: Further provisions relating to fees and levy
1: Any notice under section 14A 14B Gazette
2: Every notice under section 14A 14B Gazette
3: Every notice under section 14A 14B Regulations (Disallowance) Act 1989 Acts and Regulations Publication Act 1989
4: Every fee set under section 14A section 14B 1995 No 95 s 128 Sections 14A to 14C inserted 21 October 1999 5 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
15: Finance
1: The Registrar, or any other officer or employee of the Board authorised in that behalf by the Board, shall take and receive such fees in respect of such matters under this Act as may from time to time be prescribed.
2: Until the prescribed fee has been paid, the Registrar or any other officer or employee of the Board may decline to do any act, or permit any act to be done, or to receive any document, in respect of which that fee is payable.
3: All money received under this section and all other money received by the Board may be applied by the Board for any of the following purposes:
a: The payment of remuneration and travelling allowances and expenses to its members, employees, and agents, including any person referred to in section 14
b: The payment of contributions to the global asset trust National Provident Fund Restructuring Act 1990
c: The payment of all costs and expenses incurred in doing whatever the Board considers expedient to best accomplish the purposes for which it is established:
d: Contributing towards the cost of educating or training any person wishing to enter the plumbing or gasfitting or drainlaying trades, and providing scholarships or bursaries and making donations for any such purpose.
4: All money received by the Board or by an employee of the Board shall as soon as practicable be paid into such bank account or accounts of the Board as the Board may from time to time determine.
5: The Board may from time to time invest any such money that is not for the time being required for any of the purposes specified in subsection (3) Trustee Act 1956
6: Every payment of money on behalf of the Board shall, unless authorised by a prior resolution of the Board, be submitted to the Board for confirmation at its first ordinary meeting after the date of payment.
7: Every payment of money by the Board shall be by cheque or other instrument (not being a promissory note or bill) signed by the Registrar or any other officer authorised in that behalf by the Board, and shall be countersigned by any other such officer or by a member of the Board.
8: The Board shall keep full and correct accounts of all money received and expended by it.
9: The Board is a public entity as defined in section 4 Public Audit Act 2001
10: As soon as practicable after the end of each financial year, the Board shall cause to be prepared and submitted to the Audit Office full and true statements and accounts of all its income and expenditure in that year, together with a statement of financial position
11: For the purposes of this section, the financial year of the Board shall be the period ending with the 31st day of March in each year, or such other date as the Board may from time to time determine. 1964 No 132 s 30 Subsection (3) amended 1 April 1991 by substituting the words global asset trust National Provident Fund 34(b) National Provident Fund Restructuring Act 1990 The reference to the National Provident Fund Restructuring Act 1990 replaced 1 April 1991 81(1) National Provident Fund Restructuring Act 1990 The reference to the Public Finance Act 1977 replaced 1 April 1978 Public Finance Act 1977 Subsection (9) substituted 1 July 2001 53 Public Audit Act 2001 Subsection (10) amended 1 October 1997 6(1) Financial Reporting Amendment Act 1997 by substituting the words statement of financial position balance sheet
16: Insurance of members of Board, etc
The Board may from time to time enter into contracts of insurance insuring members of the Board, members of any committee of the Board, persons appointed to advise the Board under any contract or under section 44 section 40 Section 16 amended 21 October 1999 6 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 by substituting the words any contract or under section 44 section 12 or section 44
17: Unauthorised expenditure
Without limiting section 15(3) $500 1964 No 132 s 33 Section 17 amended 8 March 1985 Plumbers, Gasfitters, and Drainlayers Amendment Act 1985 by substituting the expression $500 $200
18: Power to borrow money
The Board may, from time to time, borrow money required for any of the purposes of the Board; and, for the purpose of securing any money so borrowed, may mortgage, charge, or pledge any right, title, estate, or interest in any real or personal property vested in the Board.
18A: Further provisions relating to Board in Schedule
The provisions set out in the Schedule apply to the Board and its proceedings. Section 18A inserted 21 October 1999 7 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
19: Amendments to other enactments
1: Part 2 Public Bodies Contracts Act 1959 The Plumbers, Gasfitters, and Drainlayers Board 1976, No 69—The Plumbers, Gasfitters, and Drainlayers Act 1976
2: Part 2 Local Authorities (Members Interests) Act 1968 The Plumbers, Gasfitters, and Drainlayers Board 1976 No 69-The Plumbers, Gasfitters, and Drainlayers Act 1976
2: Registration of plumbers, gasfitters, and drainlayers
20: Registers
1: The Board shall set up and maintain the following registers:
a: A Register of Craftsman Plumbers:
b: A Register of Craftsman Gasfitters:
ba: A Register of Gas Inspectors:
c: A Register of Plumbers:
d: A Register of Gasfitters:
e: A Register of Drainlayers:
f: A Register of Holders of Limited Certificates.
2: The Register of Plumbers, the Register of Gasfitters, and the Register of Holders of Limited Certificates, kept under section 9 of the Plumbers and Gasfitters Registration Act 1964
3: The registers shall be kept by the Registrar and shall be maintained in such form, whether in bound books or otherwise, as may be prescribed, or, if no form is prescribed, as the Board may determine.
4: The Registrar shall enter in the appropriate register the name of every person entitled to be registered under this Act, together with such other particulars as may be prescribed.
5: The Registrar shall, in making entries in the Register of Holders of Limited Certificates, distinguish between certificates that authorise the holders to do sanitary plumbing, certificates that authorise the holders to do gasfitting, and certificates that authorise the holders to do drainlaying.
6: The registers shall be open for inspection during ordinary office hours by members of the public.
7: The Board may from time to time cause a register maintained under this Act to be published in such form, whether abbreviated or otherwise, as it thinks fit, and may charge any person purchasing a copy of that register such reasonable fee as it thinks appropriate. 1964 No 132 s 9 Subsection (1)(ba) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
21: Qualifications for registration as craftsman plumber
1: Subject to section 27
a: That, immediately before the commencement of this Act, he was registered as a plumber under the Plumbers and Gasfitters Registration Act 1964
b: That, immediately before the commencement of this Act, he was serving an apprenticeship in the plumbing trade and is, or is entitled to be, registered as a plumber under section 23(b)
c: That he is entitled to be registered as a plumber under section 23(d)
d: That, after obtaining registration as a plumber, he has undergone such course of training and acquired such experience and passed such examination or examinations as may be prescribed, or, if no course or experience or examination (as the case may require) is prescribed, as may be approved by the Board, for the purposes of this section.
2: No person shall be required to pay a fee in respect of an application for registration, or in respect of registration, under subsection (1)(a) section 37
22: Qualifications for registration as craftsman gasfitter
1: Subject to section 27
a: That, immediately before the commencement of this Act, he was registered as a gasfitter under the Plumbers and Gasfitters Registration Act 1964
b: That, immediately before the commencement of this Act, he was serving an apprenticeship in the gasfitting trade and is, or is entitled to be, registered as a gasfitter under section 24(b)
c: That he is entitled to be registered as a gasfitter under section 24(e)
d: That, after obtaining registration as a gasfitter, he has undergone such course of training and acquired such experience and passed such examination or examinations as may be prescribed, or, if no course or experience or examination (as the case may require) is prescribed, as may be approved by the Board, for the purposes of this section.
2: No person shall be required to pay a fee in respect of an application for registration, or in respect of registration, under subsection (1)(a) section 37
22A: Qualifications for registration as gas inspector
Subject to section 27
a: That he or she is—
i: A qualified gas engineer; or
ii: A Registered Engineering Associate (Gas); or
iii: A craftsman gasfitter; or
iv: Otherwise suitably qualified to be a gas inspector; and
b: That he or she has undergone such course of training and acquired such experience and passed such examination or examinations as may be prescribed, or, if no course or experience or examination (as the case may require) is prescribed, as may be approved by the Board, for the purposes of this section. Section 22A inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
23: Qualifications for registration as plumber
Subject to section 27
a: That he—
i: Is registered as a gasfitter; and
ii: Has passed such examination or examinations as may be prescribed, or as may be approved by the Board for the purposes of this paragraph; or
b: That he has—
i: Completed an apprenticeship in the plumbing trade or, after the 1st day of January 1979, in the plumbing-gasfitting trade; and
ii: Passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph; or
c: That he has—
i: Held a limited certificate to do sanitary plumbing for a continuous period of 5 years (whether that period commenced before or after the commencement of this Act); and
ii: Passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph; or
d: That he has—
i: Been engaged in the plumbing trade for an aggregate period of at least 7 years commencing before the commencement of this Act; and
ii: Before the 1st day of April 1984, passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph. 1964 No 132 s 10
24: Qualifications for registration as gasfitter
Subject to section 27
a: That he—
i: Is registered as a plumber; and
ii: Has passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph; or
b: That he has—
i: Completed an apprenticeship in the gasfitting trade or, after the 1st day of January 1979, in the plumbing-gasfitting trade; and
ii: Passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph; or
c: That he has—
i: Completed an apprenticeship, in any industry within the meaning of the Industry Training Act 1992
ii: Passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph; or
d: That he has—
i: Held a limited certificate to do gasfitting for a continuous period of 5 years (whether that period commenced before or after the commencement of this Act); and
ii: Passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph; or
e: That he has—
i: Been engaged in the gasfitting trade for an aggregate period of at least 7 years commencing before the commencement of this Act; and
ii: Before the 1st day of April 1984, passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph. 1964 No 132 s 11 The reference to the Industry Training Act 1992 replaced 1 July 1992 14(1) Industry Training Act 1992 replaced
25: Qualifications for registration as drainlayer
1: Subject to section 27 subsections (2) (3)
a: That, immediately before the commencement of this Act, he was registered as a drainlayer under the Health Act 1956
b: That he has passed such examination or examinations as may be prescribed, or as may be approved by the Board, for the purposes of this paragraph, and has undergone such practical training and acquired such experience, in addition to passing such examination or examinations, as may be prescribed for such purposes.
2: No person shall be registered as a drainlayer pursuant to subsection (1)(a)
3: No person shall be required to pay a fee in respect of an application for registration, or in respect of registration, under subsection (1)(a) section 37
26: Persons qualified overseas
Subject to section 27 sections 21 to 25 a gas inspector,
a: That he is the holder of a certificate or evidence of registration or recognition, for the time being recognised by the Board pursuant to section 64
b: That, notwithstanding that he is not the holder of any such certificate or evidence,—
i: He has successfully undergone a course of training, elsewhere than in New Zealand, that is substantially equivalent to the course of training that he would have had to undergo in New Zealand for the purpose of obtaining the registration for which he is applying; and
ii: He has undergone in New Zealand any further training, and passed any examination or examinations, that he may be required by the Board to undertake and pass; and
iii: He has a reasonable command of the English language. Section 26 amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words a gas inspector,
27: Refusal of registration
The Board may refuse to register a person, other than a person applying for registration as a drainlayer pursuant to section 25(1)(a)
a: He has been convicted of an offence relating to plumbing or gasfitting or drainlaying (as the case may require), against this Act or the Plumbers and Gasfitters Registration Act 1964 Health Act 1956 Gas Act 1992
b: His name has been removed from a register kept under the Plumbers and Gasfitters Registration Act 1964 section 22 of that Act
c: His name has been removed, pursuant to section 42 The reference to the Gas Act 1992 replaced 1 April 1993 58(1) Gas Act 1992 replaced
28: Applications for registration
1: Except as may be provided by regulations for the time being in force under this Act, an application for registration under this Act shall be made in writing addressed to the Board.
2: An application shall be accompanied by the prescribed fee (if any).
3: No entry of the name of any person shall be made in a register otherwise than at the direction of the Board.
29: Applications to be considered by Board
1: At its first meeting after an application has been submitted to it under section 28
2: Before giving a direction the Board may, if it thinks fit, examine on oath or otherwise the applicant, or any person objecting to the application, or any other person, with respect to the application; and for the purposes of an examination the Chairman may administer an oath to any person.
3: The Board may also, if it thinks fit, require a person to verify by statutory declaration any statement made by him with respect to an application before the Board.
30: Registration, etc
1: If, after considering an application under section 29
2: If the Board is of opinion that the applicant is not entitled to be registered in accordance with his application, it shall direct the Registrar not to register him; and the Registrar shall refuse to register that person.
3: If the Board refuses to direct the registration of an applicant, it shall cause the applicant to be notified in writing of its refusal and the reasons for it.
31: Certificates of registration
1: The Registrar shall, on request by a registered person, and on payment of the prescribed fee, issue to that person a certificate of his registration.
2: Where a person is registered in more than 1 capacity under this Act, it shall be sufficient compliance with subsection (1) 1964 No 132 s 12
32: Registered persons to notify change of address
1: If a registered person changes his address from that recorded in a register he shall, within 3 months thereafter, notify the Registrar of his new address; and the Registrar shall amend the entry in the register relating to that person.
2: Every registered person who fails to comply with subsection (1)
33: Name may be removed from register if registered person or holder of limited certificate cannot be found, etc
1: The Registrar may at any time, and shall if the Board so directs, send to a registered person, or to a holder of a limited certificate, by registered letter addressed to him at his last known place of residence or business, an inquiry as to whether or not he desires to have his name retained in the register or registers, as the case may require.
2: If no reply is received within 3 months after the date of the posting of the letter, or if the letter is not delivered and is returned to the Registrar, the Registrar shall, if the Board so directs, remove from the register or registers the name of the registered person or holder of the limited certificate to whom the letter was sent.
3: If the Board has reason to believe that a registered person or holder of a limited certificate has died, it may direct the Registrar to remove the name of that registered person or holder of a limited certificate from the appropriate register or registers; and the Registrar shall remove that name accordingly.
4: A person whose name has been removed from a register under this section may apply to the Registrar to have his name restored to that register, and, on proof to the satisfaction of the Board that his name has been so removed, the Board shall direct the Registrar to restore that person's name to that register; and, on payment to him of the prescribed fee, the Registrar shall restore that name accordingly. 1964 No 132 s 18
34: Amendment of register if person wrongfully registered or if particulars incorrect
1: If a person has been registered under this Act by reason of a false or fraudulent representation or declaration, made either orally or in writing, or if a person not entitled to be registered has been registered, the Board shall direct the Registrar to remove the name of that person from the appropriate register; and the Registrar shall remove that name accordingly.
2: If any particulars appearing in a register in respect of the qualifications of a person are proved to the satisfaction of the Board to be, or are to the knowledge of the Board, false or erroneous in any respect, the Board shall direct the Registrar to remove those particulars from the register, or otherwise amend that register; and the Registrar shall remove those particulars or amend that register accordingly.
3: Subsection (2)
35: Amendment of register on change of name, and removal of name on request
1: Where it appears to the satisfaction of the Board that a registered person has changed his name, or that the name of a registered person is incorrectly stated in a register, the Board shall direct the Registrar to amend the register; and the Registrar shall, on payment of the prescribed fee (if any), correct any entry in the register relating to the registered person accordingly.
2: Notwithstanding subsection (1)
3: The Board may at any time, if it thinks fit, on the application of a registered person, direct the Registrar to remove the name of that person from the register or registers in which it appears; and the Registrar shall remove that name accordingly. 1964 No 132 s 19
3: Licences and limited certificates
36: Registered persons to have licences
1: In this section the term year
2: Except as provided in section 38 53 to 57
3: Subject to the payment of the prescribed fee, the Registrar, on application made to the Registrar by a craftsman plumber, or registered plumber, or registered drainlayer, shall issue to him or her an appropriate licence.
4: A licence shall be in force until the expiry of the year in respect of which it is issued, or until the holder sooner ceases to be registered under this Act.
5: Every person who is entitled to receive a licence under this section shall be deemed to have obtained the licence when he has duly applied to the Registrar for it and has paid the prescribed fee.
6: A licence may be issued under this section in advance for any period not exceeding 5 years, and may, subject to the approval of the Postmaster-General, be applied for and issued through New Zealand Post Limited
7: Notwithstanding the foregoing provisions of this section, if—
a: A registered plumber, being the holder of a current registered plumber's licence, becomes a craftsman plumber, he shall be required to pay for a craftsman plumber's licence, in respect of any period during which both licences will be in force, only the amount (if any) by which the fee prescribed for the craftsman plumber's licence exceeds the fee paid by him for his registered plumber's licence in respect of the same period:
b:
8: Section 31(2) 1964 No 132 s 13 Subsection (2) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by omitting the words or be entitled to do any gasfitting unless he is the holder of a craftsman gasfitter's licence or a registered gasfitter's licence, Subsection (3) substituted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 The reference to New Zealand Post Limited (6) replaced 19 December 1986 Post Office 2 State-Owned Enterprises Act 1986 Subsection (7)(b) repealed 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
36A: Annual licence for gasfitters and gas inspectors
Except as provided in sections 38 39A 53 57 section 36B Sections 36A to 36E inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
36B: Applications for licence for gasfitters and gas inspectors
1: Every application for the issue of a craftsman gasfitter's licence or a registered gasfitter's licence or a gas inspector's licence shall be made to the Registrar.
2: Every application under subsection (1)
a: Specify—
i: Whether the applicant is, at the date of the application, actively engaged in work as a gasfitter or, as the case may require, a gas inspector; and
ii: Such other particulars as may be prescribed; and
b: Be accompanied by the prescribed fee (if any).
3: On receiving an application under subsection (1)
a: Subject to section 36D
b: In any other case, refer the application to the Board.
4: Notwithstanding anything in subsection (2) Sections 36A to 36E inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
36C: Board to consider applications
1: The Board shall consider every application referred to it under section 36B(3)(b)
2: The Board shall not decline an application referred to it under section 36B(3)(b)
a: A copy of any information on which the Board relies in proposing to decline the application; and
b: A reasonable opportunity to comment on that information and to be heard, either personally or by that person's representative, in support of the application.
3: Where the Board declines an application referred to it under section 36B(3)(b)
a: The reasons for its direction; and
b: Any condition (being a condition that the applicant pass a specified examination, or complete any specified period of practical training, or acquire any specified practical experience, or attend any specified course of instruction) that the Board requires the applicant to fulfil before a licence will be issued to him or her; and
c: The applicant's rights of appeal against the decision. Sections 36A to 36E inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
36D: Regulations may prescribe conditions for issue of licences to gasfitters and gas inspectors
1: For the purpose of ensuring that all craftsman gasfitters, registered gasfitters, and gas inspectors are competent to engage in work of the class or classes in respect of which they are registered, the Governor-General may from time to time, by Order in Council made on the advice of the Minister tendered on the recommendation of the Board, make regulations prescribing conditions that must be fulfilled by applicants for a craftsman gasfitter's licence or a registered gasfitter's licence or a gas inspector's licence, or by any specified class or classes of applicants for a craftsman gasfitter's licence or a registered gasfitter's licence or a gas inspector's licence, before such a licence will be issued to them.
2: The following conditions may be prescribed under subsection (1)
a: A condition that the applicant has passed such examination as may be prescribed:
b: A condition that the applicant has completed such period of practical training as may be prescribed:
c: A condition that the applicant has acquired such practical experience as may be prescribed:
d: A condition that the applicant has attended such course of instruction as may be prescribed.
3: Different conditions may be prescribed under subsection (1)
4: Any regulations prescribing any condition under subsection (1)
5: Notwithstanding anything in paragraph (a)
a: An application to which that paragraph applies is received by the Registrar; and
b: The Registrar is not satisfied that the applicant has fulfilled all the conditions prescribed under subsection (1) the Registrar shall decline to issue a licence to the applicant, and shall notify the applicant of that decision, of the reasons for it, and of the applicant's rights of appeal against that decision. Sections 36A to 36E inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
36E: Currency of licences for gasfitters and gas inspectors
1: Subject to subsection (3) section 36B
2: A licence issued under section 36B
a: If it is issued before the date of the expiry of the current licence held by the applicant, on the 1st day of April next following; and
b: In any other case, on the date of its issue,— and in either case it shall expire with the close of the 31st day of March in the year in which it is stated to expire.
3: If at any time during the currency of a licence its holder ceases to be registered under this Act, that person's licence shall cease to be in force, and the Board may direct that person to return that licence to the Registrar.
4: Every person who is entitled to receive a licence under section 36B(3)(a)
5: Every craftsman gasfitter's licence and every registered gasfitter's licence, issued under section 36 section 36B Sections 36A to 36E inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
37: Provisional licences
1: Notwithstanding anything to the contrary in this Act, where it appears to the Registrar that an applicant for registration is qualified for registration, the Registrar may, on payment to him of the prescribed fee (if any), issue to that person a provisional licence which shall entitle him, while the certificate is in force pending the consideration of his application by the Board, to do such work as he would have been entitled to do if he had been registered in accordance with his application.
2: A provisional licence shall, unless it is sooner cancelled, remain in force for the period, not exceeding 3 months, stated in it, but it may from time to time be renewed for a further period not exceeding 3 months.
3: The holder of a provisional licence shall, while the licence remains in force, be deemed for all purposes to be a craftsman plumber, or a craftsman gasfitter, or a gas inspector,
4: The Registrar shall cancel a provisional licence at any time on the direction of the Board, or may, without any such direction, refuse to renew any such licence. 1964 No 132 s 14 Subsection (3) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words or a gas inspector,
38: Unregistered persons to have limited certificates
1: In this section— Apprentice gasfitter paragraph (c) Apprentice plumber Apprentice plumber-gasfitter
2: Subject to sections 39 49 subsections (3) (5)
3: Every application made under subsection (2)
a: In the case of an application for a limited certificate to do sanitary plumbing, by the craftsman plumber or registered plumber; or
b: In the case of an application for a limited certificate to do gasfitting, the craftsman gasfitter or registered gasfitter; or
c: In the case of an application for a limited certificate to do drainlaying, the registered drainlayer— in whose employment or under whose supervision the person by or on whose behalf the application is made intends to work.
4: Subject to any regulations made under section 66(1)(c)
a: If that work is sanitary plumbing,—
i: Under the direct supervision and in the presence of a craftsman plumber or a registered plumber, in any case where the holder is not an apprentice plumber and has not held a limited certificate to do sanitary plumbing for a continuous period of at least 2 years; or
ii: While in the employ of a craftsman plumber or under the supervision of a craftsman plumber or registered plumber, in any other case; or
b: If that work is gasfitting,—
i: Under the direct supervision and in the presence of a craftsman gasfitter or a registered gasfitter, in any case where that holder is not an apprentice gasfitter and has not held a limited certificate to do gasfitting for a continuous period of at least 2 years; or
ii: While in the employ of a craftsman gasfitter or under the supervision of a craftsman gasfitter or a registered gasfitter, in any other case; or
c: If that work is drainlaying,—
i: Under the direct supervision and in the presence of a registered drainlayer, in any case where that holder has not held a limited certificate to do drainlaying for a continuous period of at least 2 years; or
ii: While in the employ or under the supervision of a registered drainlayer, in any other case.
5: No fee shall be payable by an apprentice plumber in respect of an application for or the issue of a limited certificate to do sanitary plumbing, or by an apprentice gasfitter in respect of an application for or the issue of a limited certificate to do gasfitting, or by any person, who satisfies the Registrar that he is undergoing instruction or training in drainlaying for the purpose of obtaining registration as a drainlayer under this Act, in respect of an application for or the issue of a limited certificate to do drainlaying.
6: For the purposes of subsection (4)(c) Health Act 1956
7: Nothing in this section shall authorise an apprentice plumber or an apprentice gasfitter to do any work in any circumstances, if the doing of that work, or the doing of that work in those circumstances, would be inconsistent with the terms and conditions governing his apprenticeship. 1964 No 132 ss 15, 16
39: Further provisions as to limited certificates
1: On the registration as a craftsman plumber or as a plumber of any person who holds a limited certificate to do sanitary plumbing, the certificate shall be deemed to be cancelled, and the Registrar shall remove the name of that person, in respect of that certificate, from the Register of Holders of Limited Certificates.
2: On the registration as a craftsman gasfitter or as a gasfitter of any person who holds a limited certificate to do gasfitting, the certificate shall be deemed to be cancelled and the Registrar shall remove the name of that person, in respect of that certificate, from the Register of Holders of Limited Certificates.
3: On the registration as a drainlayer of any person who holds a limited certificate to do drainlaying, the certificate shall be deemed to be cancelled and the Registrar shall remove the name of that person, in respect of that certificate, from the Register of Holders of Limited Certificates.
4: A limited certificate shall not be issued to any person who is or has been a craftsman plumber, a registered plumber, a craftsman gasfitter, a registered gasfitter, or a registered drainlayer, without the approval of the Board.
5: In the event of the Registrar refusing to issue a limited certificate to any person, that person may appeal to the Board, which may confirm or reverse the decision of the Registrar, or may direct that a limited certificate be issued to that person when any conditions that it may specify have been met. 1964 No 132 s 17 Employer licences This heading was inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
39A: Employer licence
1: Every person shall, on application in the prescribed form (if any) and on payment of the prescribed fee (if any), be entitled to be granted an employer licence by the Secretary, if that person satisfies the Secretary that the person will at all times maintain a system of operation—
a: That complies with such requirements as are prescribed by regulations made under section 66
b: That is sufficient to ensure that employees of that person who do any gasfitting—
i: Are competent to carry out the range of work for which they are employed; and
ii: Receive such supervision and training as is necessary to ensure that such work—
A: Is carried out safely and competently; and
B: Complies with the requirements of the Gas Act 1992 section 54
2: The Secretary may impose in respect of any employer licence issued pursuant to this section such conditions as the Secretary thinks fit.
3: Subject to any conditions imposed pursuant to subsection (2) section 66
a: An employer licence shall authorise the holder of the licence to authorise any employee of that person to do any gasfitting; and
b: Any authority given under an employer licence to any person to do any gasfitting shall be sufficient authority for the person so authorised to do that work. Sections 39A to 39E inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
39B: Duration and renewal of licence
1: Subject to this section and to section 39C
2: Every employer licence, unless it has been revoked pursuant to section 39C
3: An application for the renewal of an employer licence shall be made in writing, in the prescribed form (if any), to the Secretary, and shall be accompanied by the prescribed fee (if any).
4: On receiving an application under subsection (3) subsection (5)
5: The Secretary shall not renew an employer licence unless the Secretary is satisfied that the applicant meets all the requirements for the issue of such a licence.
6: Where an application for the renewal of an employer licence has been made but not dealt with before the licence expires, the licence shall continue in force until the application is dealt with by the Secretary, and any renewal in any such case shall take effect from the date on which the licence would (but for the renewal) have expired. Sections 39A to 39E inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
39C: Revocation of licence
1: Subject to subsection (2)
a: No longer meets all the requirements for the issue of an employer licence; or
b: Has failed to comply with any condition imposed by the Secretary in respect of that licence; or
c: Has failed to ensure that gasfitting done by employees of that person—
i: Is at all times carried out safely and competently; and
ii: Complies with the requirements of the Gas Act 1992 section 54
2: The Secretary shall not revoke an employer licence issued to any person unless the Secretary has first given that person an opportunity to be heard. Sections 39A to 39E inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
39D: Revocation, etc, of conditions
The Secretary may at any time revoke, amend, or add to any condition imposed under section 39A(2) Sections 39A to 39E inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
39E: Powers of inspection
1: There shall be deemed to be imposed in respect of every employer licence the condition that the Secretary, or any employee of the Ministry authorised by the Secretary for the purpose, may, for the purpose of ensuring compliance with the terms of the licence,—
a: At any reasonable time, inspect any premises (not being a dwellinghouse) occupied by the holder of the licence, and for that purpose may enter and re-enter any place:
b: Require the holder of the licence to produce for inspection, within such reasonable period as the Secretary or the employee may specify, any document in the possession or under the control of the holder of the licence, and may take copies of or extracts from any such document:
c: Require the holder of the licence to furnish, within such reasonable period as the Secretary or the employee may specify, such information or particulars as the Secretary or the employee may require.
2: If the holder of an employer licence breaches the condition expressed in subsection (1) section 39C
3: Every person shall give reasonable notice of that person's intention to enter any premises pursuant to subsection (1)(a)
4: Every person shall, on entering any premises pursuant to subsection (1)(a)
a: Evidence of that person's authority to enter the premises; and
b: Evidence of that person's identity.
5: Nothing in this section authorises any person to enter or search any restricted area within a defence area (within the meaning of the Defence Act 1990 Sections 39A to 39E inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
4: Disciplinary provisions
40: Appointment of investigators
1: For the purposes of this Act, the Board may from time to time appoint any person, not being a member of the Board, who is a registered person, or who is employed by a local authority as an Environmental Health Officer Health Act 1956
2: Appointments may be made under this section either generally or in relation to any particular case or class of cases.
3: Notwithstanding subsection (1) 1964 No 132 s 20
41: Complaints against registered persons
or tradespersons
1: Every person (other than an investigator) who wishes to complain to the Board about the conduct of a registered person or a tradesperson
2: Every complaint shall be in writing.
3: The Registrar may require that a complaint be supported by such statutory declarations as he may specify.
4: If the Registrar is satisfied, after considering a complaint and any statutory declarations relating to the complaint that he may have required, that the complaint relates to a matter that is within the Board's jurisdiction under section 42 the Board
4A: Before considering any complaint in accordance with the succeeding provisions of this Part of this Act, the Board may, if it thinks fit, refer the complaint to an investigator.
5: If, after examining the complaint, the investigator considers that it has substance he shall refer it to the Board for consideration by the Board in accordance with the succeeding provisions of this Part of this Act.
6: Without limiting subsection (1) Subsection (1) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words or a tradesperson Subsection (4) amended 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 by substituting the words the Board an investigator Subsection (4A) inserted 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980
42: Disciplinary powers of Board
1: If a registered person—
a: Is or has been convicted of an offence relating to plumbing, gasfitting, or drainlaying, against this Act or the Plumbers and Gasfitters Registration Act 1964 Health Act 1956 Gas Act 1992
b: After due inquiry, is found by the Board to have been guilty of such improper or incompetent conduct in performing his work, or in charging for it, as renders him unfit to be registered under this Act; or
c: After due inquiry, is found by the Board to have been guilty of any other act or omission contrary to the integrity of the trade to which he belongs— the Board may, if it thinks fit, impose on the registered person any one of the penalties authorised by this section.
2: Subject to subsections (5) (6) subsection (1)
a: Order that the name of the registered person be removed from the appropriate register:
b: Order that the registered person's registration be suspended for a period not exceeding 12 months:
c: Impose a fine on the registered person not exceeding $10,000
d: Order that the registered person be censured.
2A: If a tradesperson, after due inquiry, is found by the Board—
a: To have done gasfitting in a negligent, unsatisfactory, or incompetent manner, or in a manner contrary to any enactment relating to gasfitting that was in force at the time the gasfitting was done; or
b: To have done gasfitting that, under the terms of any restriction or limitation that applies in respect of gasfitting that he or she may do, the person is not authorised to do,— the Board may, if it thinks fit,—
c: Order that the person be disqualified from doing gasfitting that the person would otherwise be authorised to do in that person's capacity as a tradesperson—
i: Permanently, or for such period as the Board thinks fit; or
ii: Until that person does any 1 or more of the following things:
A: Passes any specified examination:
B: Completes any specified period of training:
C: Attends any specified course of instruction; or
d: Order that the authority conferred by this Act on that person in that person's capacity as a tradesperson to do gasfitting be restricted, for such period as the Board thinks fit, in any 1 or more of the following ways:
i: The person shall be limited to such work as the Board may specify, and in imposing such a limitation the Board may also impose limitations on the circumstances in which the person may do that work:
ii: The person shall be limited to work only on premises approved by the Board:
iii: The person shall be limited to work only in the employ of an employer approved by the Board; or
e: Order that the person be censured.
3: In the case of a person who is registered in more than one capacity, the Board may exercise its powers under paragraph (a) (b)
4: Notwithstanding subsection (1) subsection (2)(c)
5: The Board shall not impose a fine on a registered person, nor order that he be censured, on the ground of an offence committed before the date of his registration.
6: The Board shall not exercise any of its disciplinary powers against a registered person on the ground of an offence committed before the date of his registration if, at that date, the Board knew of his conviction for that offence.
7: The Board shall not impose a fine upon a registered person under subsection (2)(c)
8: The Board may, by writing under the hand of the Chairman, instead of or in addition to imposing a penalty on a registered person or a tradesperson under subsection (2)
9: Each fine imposed, and all costs and expenses payable, under this section shall be recoverable as a debt due to the Board.
10: While an order of suspension of registration of a person in a particular capacity under this section remains in force, the person shall be deemed for the purposes of the provisions of this Act, other than this Part, not to be registered in respect of that capacity; but on the expiry of the order his rights and privileges as a registered person in that capacity shall be revived as from the date of the expiry.
10A: While an order under subsection (2A)
11: Subject to subsections (12) (13) sections 27 to 30
12: In an order under this section directing the name of a person to be removed from a register, the Board and, in the event of an appeal against any such order, the High Court
13: If neither the Board nor the High Court
14: No order that the name of a person be removed from a register, and no order of suspension or disqualification or restriction
15: If, within the period of 28 days referred to in subsection (14) High Court 1964 No 132 s 22 Subsection (2)(c) amended 21 October 1999 8 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 by substituting the expression $10,000 $100 Subsection (2A) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Subsection (8) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by substituting or a tradesperson under subsection (2) under subsection (2) Subsection (10A) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Subsection (14) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting or disqualification or restriction The words High Court substituted 1 April 1980 Supreme Court 12 Judicature Amendment Act 1979 The Gas Industry Act 1958 (1958 No 43) was repealed 1 February 1983 Gas Act 1982 repealed 1 April 1993 58(1) Gas Act 1992
43: Procedure
1: Where a complaint is referred or made to the Board section 42 or tradesperson
2: A notice shall specify the time, date, and place for the hearing of the matter by the Board.
3: A notice may require the registered person or tradesperson
4: If the registered person or tradesperson
5: Where the registered person or tradesperson or tradesperson
6: The determination of a committee appointed under subsection (5) in respect of a complaint against a registered person
a: To determine that no penalty be imposed; or
b: To reduce the penalty determined by the committee by suspending the registered person's registration for a period or imposing a fine, instead of removing his name from a register; or
c: To reduce the period of suspension of registration or the fine determined by the committee; or
d: To substitute a fine for a period of suspension; or
e: To substitute a censure for any of the other penalties; or
f: To rescind or modify an order to pay costs and expenses.
6A: The determination of a committee appointed under subsection (5)
a: To determine that no penalty be imposed; or
b: To reduce the penalty determined by the committee by substituting, for an order made under section 42(2A)(c) section 42(2A)(d)
c: To reduce the period of disqualification imposed pursuant to section 42(2A)(c)
d: To substitute a censure for any of the other penalties; or
e: To rescind or modify an order to pay costs and expenses.
7: The succeeding provisions of this section and sections 44 to 48 subsection (5) sections 45 47 48
8: A complaint shall be prosecuted at the hearing by the investigator who was appointed by the Board under section 41(4A)
9: Subject to subsection (4) or tradesperson
10: In all proceedings under this Part of this Act the Board shall observe the rules of natural justice.
11: The Board may receive evidence whether or not it would be admissible in a Court of law.
12: The decision of a majority of the members of the Board present at any proceedings held under this Part of this Act shall be the decision of the Board.
13: Unless the Board otherwise directs, proceedings held under this Part of this Act shall not be open to the public.
14: Every order, decision, or determination of the Board under this Part of this Act shall be committed to writing, shall contain a statement of the reasons on which it is based, and shall be signed by the Chairman of the Board.
15: A copy of every order, decision, or determination of the Board under this Part of this Act shall be served by the Registrar on the registered person or tradesperson 1964 No 132 s 23 Subsections (1) (3) (4) (5) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words or tradesperson Subsection (1) amended 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 by omitting the words by an investigator Subsection (6) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words in respect of a complaint against a registered person Subsection (6A) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Subsection (8) amended 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 by substituting the words was appointed by... the Board Subsections (9) (15) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words or tradesperson
44: Appointment of legal assessor
1: For the purposes of advising the Board on questions of law and procedure arising in proceedings under this Part of this Act, the Board may appoint an assessor, who shall be a barrister or solicitor, to attend the proceedings.
2: The Board shall pay to the assessor, by way of remuneration and expenses for his services in respect of the proceedings, such sum as may be agreed upon between the assessor and the Board.
45: Board may require witnesses to attend and give evidence
1: The Board, by notice in writing under the hand of the Chairman or the Registrar, may, on tendering proper travelling expenses, require a person to attend and give evidence before it at an inquiry under this Part of this Act, and to produce all books, documents, papers, equipment, or things that are in that person's custody or under his control and that relate to the subject-matter of the inquiry.
2: The Board may require evidence to be given on oath, and either orally or in writing, and for that purpose the person presiding at any meeting of the Board may administer an oath to any person.
3: Every person who, without lawful justification, refuses or fails to give evidence when required to do so by the Board, or to answer truly and fully any question put to him by the Board, or to produce to the Board any book, document, paper, equipment, or thing required of him, commits an offence and is liable on summary conviction to a fine not exceeding $100. 1964 No 132 s 24
46: Immunity of witnesses and counsel
Witnesses and counsel shall have the same privileges and immunities in relation to inquiries before the Board as if the inquiries were proceedings in a Court of law. 1964 No 132 s 25
47: Witnesses' expenses
1: A witness giving evidence or intending to give evidence at the hearing of an inquiry under this Part of this Act shall be entitled in the discretion of the Board to such sum for his expenses and loss of time as the Board may determine.
2: Subject to an order made by the Board or by the High Court 1964 No 132 s 26 The words High Court substituted 1 April 1980 Supreme Court 12 Judicature Amendment Act 1979
48: Power to adjourn and postpone
Subject to this Act, the Board may from time to time adjourn the hearing of any proceedings pending before it under this Part of this Act, and may postpone any finding or judgment until a further meeting of the Board.
49: Application of disciplinary provisions to holders of limited certificates
1: Subject to the provisions of this section, the provisions of sections 41 to 48
2: The Board shall not order that the name of a person be removed from the Register of Holders of Limited Certificates, but when making an order of suspension of registration in respect of any person so registered the Board shall specify the limited certificate or certificates that is or are to be cancelled, and such certificate or certificates shall, subject to the provisions of section 42(14)
3: When a limited certificate held by any person is deemed to be cancelled under subsection (2) 1964 No 132 s 28
5: Offences and legal proceedings
50: Offences
1: Every person commits an offence and is liable on summary conviction to a fine not exceeding $10,000
a: Not being a craftsman plumber, or not being a registered plumber, or not being a craftsman gasfitter, or not being a gas inspector, or a gas inspector,
b: Causes or permits the publication of any advertisement that purports to advertise the business of a craftsman plumber or of a craftsman gasfitter or of a registered drainlayer without specifying the name under which the craftsman plumber or craftsman gasfitter or registered drainlayer is registered under this Act; or
c: Subject to sections 54 to 56A
d: Subject to sections 39A 57
e: Subject to section 38 53 to 56A
f: Subject to sections 38 , 39A 57
fa: Does any work authorised by or under this Act to be done by a gas inspector while not holding a current licence as a gas inspector; or
fb: Knowingly employs or permits or pays any person to do any work authorised by or under this Act to be done by a gas inspector when that work is done contrary to the provisions of this Act; or
g: Subject to section 38
h: Knowingly employs or permits or pays any person to do any sanitary plumbing or gasfitting or drainlaying contrary to the provisions of this Act; or
i: Allows his certificate of registration, licence, or limited certificate to be used by any other person.
2: No person shall be convicted of an offence against paragraph (c) paragraph (h)
3: No person shall be convicted of an offence against paragraph (d) paragraph (h)
4: No person, who, immediately before the commencement of this Act, was registered as a drainlayer under the Health Act 1956 paragraph (a) paragraph (g) 1964 No 132 s 34 Subsection (1) amended 21 October 1999 9 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 by substituting the expression $10,000 $500 Subsection (1)(a) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words or not being a gas inspector, amended by inserting the words or a gas inspector, Subsection (1)(c) amended 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 by substituting the expression 56A 56 Subsection (1)(d) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by substituting the expression sections 39A and 57 section 57 Subsection (1)(e) amended 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 by substituting the expression 56A 56 Subsection (1)(f) amended 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 by inserting the expression , 39A, Subsection (1)(fa) (fb) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
50A: Offence to contravene condition of employer licence
Every person commits an offence and is liable on summary conviction to a fine not exceeding $10,000 who, being the holder of an employer licence, acts in contravention of, or fails to comply with, any condition of the licence. Section 50A inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
51: Onus of proof
1: In a prosecution for an offence against this Act, the onus shall be on the defendant to prove, where the facts are in issue, that he is or at all material times was, a registered person or a tradesperson
2: The production by the defendant of a certificate or licence issued in accordance with this Act under the hand of the Registrar or (in the case of an employer licence) under the hand of the Secretary
3: In a prosecution for an offence against this Act, a certificate purporting to be under the hand of the Registrar to the effect that a person is not registered, or is not the holder of a licence or of a limited certificate under this Act, or to the effect that that person's registration is suspended or is not in force, either generally or in relation to any particular register, or particular class of licence or limited certificate , or to the effect that a person is disqualified from doing gasfitting by virtue of an order made under section 42(2A)(c) section 42(2A)(d)
4: In a prosecution for an offence against this Act, a certificate purporting to be under the hand of the Secretary to the effect that a person is not the holder of an employer licence shall, in the absence of proof to the contrary, be sufficient evidence of the fact stated in the certificate. 1964 No 132 s 35 Subsection (1) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words or a tradesperson Subsection (2) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words or (in the case... Secretary Subsection (3) amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the words , or to the effect... 42(2A)(d) of this Act, Subsection (4) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
52: Time for laying information
Notwithstanding section 14 Summary Proceedings Act 1957 1964 No 132 s 36
6: Provisions relating to exemptions
53: Exemption in respect of fixing of water heaters by gasfitters
1: Notwithstanding anything in this Act, a craftsman gasfitter or registered gasfitter who holds a current licence and who satisfies the Board, by examination or otherwise, that he is competent to perform the work of fixing or unfixing a gas water heater, or any pipe that supplies or is intended to be a means of supplying water to such heater or hot water from such a heater to any fitting or appliance, whether or not any fitting or appliance is there when the work is done, may, subject to the provisions of any other enactment, perform that work, but only, in the case of a registered gasfitter, in circumstances in which a registered plumber is authorised by this Act to perform that work.
2: Notwithstanding anything in this Act, a holder of a limited certificate to do gasfitting may, subject to paragraph (a) paragraph (b) subsection (1) 1964 No 132 s 37
54: Exemption for householders
1: Notwithstanding anything in any bylaw requiring sanitary plumbing to be done only by specified persons or classes of persons, and notwithstanding anything in this Act, the owner of any premises situated in a place to which this subsection applies and occupied by him as a residence or intended residence for himself, or for himself and members of his family, may, subject to the provisions of any other enactment, personally do any sanitary plumbing in those premises, with or without the assistance of any member of his family living with him, but without the assistance of any other person.
2: For the purposes of subsection (1) owner
3: Subsection (1) Gazette
4: Neither the operation of subsection (1) section 56
5:
6: 1964 No 132 s 38 Subsection (3) substituted 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 Subsection (4) substituted 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 Subsections (5) (6) repealed 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980
55: Exemption of areas in rural districts
1: Notwithstanding any of the other provisions of this Act, the Minister may from time to time, by notice in the Gazette
2: Notwithstanding any of the other provisions of this Act, but subject to any other enactment, a person may do any sanitary plumbing in any area in respect of which a notice given under subsection (1)
3: The Minister may at any time vary or revoke any notice issued under subsection (1)
4: The Minister shall not issue any notice under subsection (1) subsection (3)
5: Neither the variation or revocation of a notice under this section, nor anything in section 56 1964 No 132 s 39 Subsection (4) amended 1 July 2003 262 Local Government Act 2002 by omitting the words county council or other See sections 273 to 314
56: Provisions relating to alteration of boundaries of local authority districts
1: Where the whole or any part of the district of any local authority in which subsection (1) subsection (1)
a: The said subsection or, as the case may require, each of the said subsections is in force in the district of the last-mentioned local authority; or
b: the Order in Council giving effect to the relevant reorganisation scheme under the Local Government Act 2002 section 54(1) 55(1)
2: If the whole or any part of the district of a local authority is included within the district of any other local authority to which section 54(1) 55(1) Local Government Act 2002 section 54(1) 55(1) Subsection (1)(b) substituted 1 July 2003 262 Local Government Act 2002 See sections 273 to 314 Subsection (2) substituted 1 July 2003 262 Local Government Act 2002 See sections 273 to 314
56A: Exemption in respect of sanitary plumbing
Notwithstanding anything in this Act, but subject to any regulations made under this Act and to the provisions of any other enactment, any person who satisfies the Board, whether by examination or otherwise, that he is competent to install and maintain particular sanitary plumbing equipment or sanitary plumbing equipment of a particular kind may, either personally or by some other person acting under his direct personal supervision,—
a: Install and maintain in any industrial or commercial premises the equipment or equipment of a kind specified in writing by the Board as equipment of a kind that may be installed and maintained by him; and
b: Fix or unfix pipes for the purposes of such installation and maintenance. Section 56A inserted 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980
57: Exemptions in respect of gasfitting
1: Notwithstanding anything in this Act, but subject to any regulations made under this Act and to the provisions of any other enactment, the Board, on being satisfied that any person (whether by examination or otherwise) is—
a: Competent to install and maintain particular fittings or gas appliances, or fittings or gas appliances of a particular kind; or
b: Competent to supervise persons doing particular gasfitting, to test and certify particular work, and to connect the work to a supply of gas, in accordance with subsection (5) may, as the case may be, authorise any person to—
c: Either personally or by some other person acting under his or her direct personal supervision—
i: Install and maintain any fittings or gas appliances to which paragraph (a)
ii: Carry out any other gasfitting for the purposes of paragraph (a)
d: Supervise, test and certify, and connect particular work, in accordance with subsection (5) and may place time limits on the authorisation, impose any other reasonable conditions on the authorisation, and revoke the authorisation if such other conditions are not complied with.
2: Notwithstanding anything in this Act, any person (being a person who is engaged in any profession, trade, or calling specified in that behalf in regulations made under section 66
a: The work done by that person is within the limits prescribed by regulations made under section 66
b: The work is carried out in accordance with the requirements of any regulations made under section 54 Gas Act 1992
c: The work is carried out in a competent manner.
3: Nothing in this Act shall apply in respect of any person doing gasfitting on any industrial premises that have a design capacity for energy consumption by gas-fired installations of more than 60,000 megajoules per hour, if the person in charge of the industrial plant on those premises has been approved for the purposes of this subsection by the Secretary.
4: Notwithstanding anything in this Act, if any pipe conveying or intended to convey gas is installed underground from the outlet connection of a gas meter to any premises, any person may, with the prior approval of any gas operator (within the meaning of the Gas Act 1992
5: Notwithstanding anything in this Act, but subject to any regulations made under this Act, any person may do any gasfitting if—
a: The work done by that person is carried out under the supervision of a craftsman gasfitter or a person authorised under subsection (1)(d)
b: While that work is done, no pipe or appliance in respect of which that gasfitting is done is connected to any supply of gas; and
c: The work is—
i: Tested and certified in accordance with regulations made under section 54 Gas Act 1992
ii: Connected to a supply of gas— by a craftsman gasfitter or a person authorised under subsection (1)(d)
6: In subsection (5) supervision or a person authorised under subsection (1)(d) Subsection (2) substituted (2A) inserted 14 January 1981 Plumbers, Gasfitters, and Drainlayers Amendment Act 1980 Section 57 substituted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Subsection (1) substituted 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 Subsection (5)(a) amended 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 by inserting the words or a person authorised under subsection (1)(d) of this section Subsection (5) amended 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 by inserting words or a person authorised under subsection (1)(d) of this section Subsection (6) amended 28 September 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1993 by inserting the words or a person authorised authorised under subsection (1)(d) of this section
7: Appeals to
The words High Court substituted 1 April 1980 Supreme Court 12 Judicature Amendment Act 1979 The PART 7 amended 15 August 1991 3(4) Judicature Amendment Act 1991 by omitting the words Administrative Division of
58: Matters on which appeals lie
1: A person who is dissatisfied with a decision or order of the Board—
a: Refusing an application by him for registration; or
b: Refusing an application by him for a limited certificate; or
c: Refusing to restore his name to a register under Part 2
d: Amending or refusing to amend the particulars of his registration; or
da: Under section 36C
e: Ordering that his name be removed from a register, or that his registration be suspended; or
ea: Under section 42(2A)
f: Imposing a fine on him; or
g: Censuring him; or
h: Requiring him to pay any costs of or incidental to any inquiry; or
i: Refusing to consider an application for the restoration of his name to a register under section 42 may, within 28 days after notice of the decision or order has been communicated to him by the Registrar of the Board, appeal to the High Court
2: Any person who is dissatisfied with the whole or any part of—
a: Any decision of the Registrar under section 36D
b: Any decision of the Secretary under section 39A 39B 39C 39D may, within 28 days after notice of the decision has been communicated to that person, appeal to the High Court against the decision. 1964 No 132 s 29 Subsection (1)(da) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Subsection (1)(ea) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Subsection (2) repealed 15 August 1991 3(4) Judicature Amendment Act 1991 Subsection (2) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 The words High Court substituted 1 April 1980 Supreme Court 12 Judicature Amendment Act 1979
59: Decisions of Court in respect of appeals under this Part
1: The Court may, on hearing an appeal under this Part of this Act, confirm, reverse, or modify the decision, direction, or order of the Board or, as the case may require, the Registrar or the Secretary, or may give any decision, or make any direction or order, that the Board or, as the case may require, the Registrar or the Secretary could have given or made in respect of the matter.
2: Nothing in this section shall empower the Court to review any part of the decision, direction, or order of the Board or the Registrar or the Secretary
3: The decision of the Court in any such appeal shall be final. Subsection (1) substituted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Subsection (2) amended 1 April 1993 19(2) by substituting the words decision, direction... the Secretary Board's decision Subsection (3) inserted 15 August 1991 3(4) Judicature Amendment Act 1991
60: Procedure on appeal
Subject to this part of this Act, the procedure in respect of an appeal shall be in accordance with the rules of the Court.
61: Decision of committee of Board deemed to be decision of Board
For the purposes of this Part of this Act, a decision of a committee of the Board appointed to exercise on behalf of the Board any function or power conferred on the Board under Part 2 or section 36C Section 61 amended 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 by inserting the expression or section 36C
8: Miscellaneous provisions
62: Exclusion of liability
1: Neither the Board, nor any committee appointed by the Board, nor an investigator appointed under section 40 section 44
a: Any act done or omitted to be done in the course of the exercise or intended exercise of any of their functions, duties, or powers under this Act; or
b: Any words spoken or written at, or for the purposes of, the hearing of any inquiry or other proceedings under this Act; or
c: Anything contained in any notice given under this Act.
2: Subsection (1)
3: Subsection (1) section 5(2) 13 Section 62 substituted 21 October 1999 10 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
63: Application of Act in relation to local authorities
1: Every local authority shall enforce within its district the provisions of this Act relating to plumbing and drainlaying that require enforcement.
2:
3: No craftsman plumber or registered plumber or craftsman gasfitter or registered gasfitter or registered drainlayer or holder of a limited certificate shall be required under any bylaw made by a local authority to pass any examination or to obtain any licence or to pay any licence fee in order to practice the trade of sanitary plumbing or gasfitting or drainlaying, as the case may require.
4: In relation to sanitary plumbing, the expression local authority subsection (1) subsections (2) (3)
5: In relation to drainlaying, the expression local authority subsections (1) to (3)
6: 1964 No 132 s 41 Subsection (2) repealed 1 July 1992 Building Act 1991 Subsection (6) repealed 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992
64: Reciprocity
The Board may from time to time make arrangements with the appropriate authorities controlling the registration or recognition of drainlayers, gasfitters, or plumbers elsewhere than in New Zealand for the reciprocal recognition of registration, certificates, or other evidence of proficiency in drainlaying, gasfitting, or sanitary plumbing. 1964 No 132 s 42 1967 No 22 s 6
65: Extension of application of Act
The Governor-General may from time to time by Order in Council specify any description of work relating to the supply of gas (not being gasfitting within the meaning of this Act), or any description of plumbing work (not being sanitary plumbing within the meaning of this Act), and may by the order direct that, subject to such exceptions and modifications as may be specified in the order, such provisions of this Act as may be so specified (including provisions relating to offences or penalties) shall have effect in relation to work of either of those descriptions as they have effect in relation to gasfitting or sanitary plumbing; and, as from a date to be specified in the order, the provisions of this Act shall apply accordingly.
66: 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 form of and the method of keeping the registers:
b: Prescribing the forms required for the purposes of this Act, or providing for the Board to prescribe those forms:
c: Providing that limited certificates shall be renewable at such intervals or on or before such dates as may be prescribed, and providing for the lapsing of such certificates if not so renewed:
d:
e: Prescribing examinations for the purposes of this Act, the bodies or persons by whom any such examinations are to be conducted, the conduct of any such examinations, and the fees payable in respect of any such examinations:
f: Prescribing the nature and duration of any training or experience necessary for the purpose of obtaining registration under this Act, and relating any period so prescribed to the time of undertaking any examination for such purpose:
fa: Prescribing, for the purposes of section 39A(1)(a)
fb: Prescribing the limits or scope of work which any person to whom section 57(2)
fc: Prescribing, for the purposes of section 57(2)
g: Restricting and regulating the performance of particular kinds of sanitary plumbing, gasfitting, or drainlaying, whether by reference to the nature of the work or by reference to the kind of premises, operations, equipment, materials, or substances involved, or otherwise, and prohibiting or restricting persons (whether or not they are registered persons), or any specified class of persons, or persons not possessing specified qualifications or not belonging to a specified class, from performing any such specified kinds of work, and providing for the issue of licences to do any such work, and prescribing fees in respect of such licences:
h: Regulating the procedure of the Board:
i:
j: 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 thereof.
2: Any regulation made under subsection (1)
3: Nothing in subsection (1) sections 21 to 25
4: Notwithstanding section 1(2) subsection (1) section 12 of the Acts Interpretation Act 1924 1964 No 132 s 43 Subsection (1)(d) substituted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Subsection (1)(d) repealed 21 October 1999 11 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999 Subsection (1)(fa) (fb) (fc) inserted 1 April 1993 Plumbers, Gasfitters, and Drainlayers Amendment Act 1992 Subsection (1)(i) repealed 21 October 1999 11 Plumbers, Gasfitters, and Drainlayers Amendment Act 1999
67: Transitional
1: Until the Board appoints a Registrar under section 13 Ministry of Health Ministry of Health Plumbers and Gasfitters Registration Act 1964 State Sector Act 1988
2: Any person referred to in subsection (1)
3: At the end of any financial year in which the Board has made use of accommodation provided by the Crown, or of the services of persons in the Public Service, the Board shall pay to the Crown such sum in respect of that year as the Minister considers to be reasonable. Any such sum shall be recoverable by the Crown as a debt due by the Board.
4: For the purpose of applying the provisions of this Act during the period commencing with the 1st day of April 1977 and ending with the appointment of the first Chairman of the Board under section 7 Ministry of Health
5: All money standing to the credit of the bank account established under section 30 of the Plumbers and Gasfitters Registration Act 1964
6: All the contracts, debts, and liabilities of the Plumbers and Gasfitters Board existing immediately before the commencement of this Act shall on the commencement of this Act become the contracts, debts, and liabilities of the Board.
68: Repeals, revocations, and saving
1: The Plumbers and Gasfitters Registration Act 1964 Plumbers and Gasfitters Registration Amendment Act 1967
2: The Health Act 1956 section 120(1)(a)
3: The Health (Drainlayers' Registration) Regulations 1948 Health (Drainlayers' Registration) Regulations 1948, Amendment No 1 Health (Drainlayers' Registration) Regulations 1948, Amendment No 3
4: Notwithstanding the revocation of the Health (Drainlayers' Registration) Regulations 1948 subsection (3)
a: Regulations 6 to 9 of those regulations
b: Subject to section 27 regulation 9 section 25 paragraph (b)
5: Every reference in any Act, Order in Council, Proclamation, notice, regulations, rules, agreement, deed, instrument or document whatsoever to the Plumbers and Gasfitters Board shall, unless the context otherwise requires, after the commencement of this Act be read as a reference to the Plumbers, Gasfitters, and Drainlayers Board. |
DLM305967 | 1993 | Earthquake Commission Act 1993 | 1: Short Title and commencement
1: This Act may be cited as the Earthquake Commission Act 1993.
2: This Act shall come into force on 1 January 1994.
2: Interpretation
1: In this Act, unless the context otherwise requires,— board referred to in section 4B Commission Commissioner contract of fire insurance contract of natural disaster insurance dwelling erosion Fund goods and services tax Goods and Services Tax Act 1985 insurance company insured person land section 2 of the Valuation of Land Act 1951 Minister natural disaster
a: an earthquake, natural landslip, volcanic eruption, hydrothermal activity, or tsunami; or
b: natural disaster fire; or
c: in the case only of residential land, a storm or flood natural disaster damage
a: any physical loss or damage to the property occurring as the direct result of a natural disaster; or
b: any physical loss or damage to the property occurring (whether accidentally or not) as a direct result of measures taken under proper authority to avoid the spreading of, or otherwise to mitigate the consequences of, any natural disaster, but does not include any physical loss or damage to the property for which compensation is payable under any other enactment natural disaster fire natural landslip person physical loss or damage replacement value
a: demolition and removal of debris, to the extent that is essential to enable the building to be replaced or reinstated; and
b: replacing or reinstating the building to a condition substantially the same as but not better or more extensive than its condition when new, modified as necessary to comply with any applicable laws; and
c: complying with any applicable laws in relation to the replacement or reinstatement of the building; and
d: other fees or costs payable in the course of replacing or reinstating the building, including architects' fees, surveyors' fees, and fees payable to local authorities residential building
a: any building, or part of a building, or other structure (whether or not fixed to land or to another building, part, or structure) in New Zealand which comprises or includes 1 or more dwellings, if the area of the dwelling or dwellings constitutes 50% or more of the total area of the building, part, or structure:
b: any building or part of a building (whether or not fixed to land, or to another building, part, or structure) in New Zealand which provides long-term accommodation for the elderly, if the area of the building which provides long-term accommodation for the elderly constitutes 50% or more of the total area of the building, part, or structure:
c: every building or structure appurtenant to a dwelling referred to in paragraph (a) paragraph (b)
d: all water supply, drainage, sewerage, gas, electrical, and telephone services, and structures appurtenant thereto—
i: serving a dwelling referred to in paragraph (a) paragraph (b)
ii: situated within 60 metres, in a horizontal line, of the dwelling or building or part; and
iii: owned by the owner of the dwelling or building or part, or by the owner of the land on which the dwelling or building or part is situated residential land
a: the land on which the building is situated; and
b: all land within 8 metres in a horizontal line of the building; and
c: that part of the land holding which—
i: is within 60 metres, in a horizontal line, of the building; and
ii: constitutes the main access way or part of the main access way to the building from the boundary of the land holding or is land supporting such access way or part; and
d: all bridges and culverts situated within any area specified in paragraphs (a) to (c); and
e: all retaining walls and their support systems within 60 metres, in a horizontal line, of the building which are necessary for the support or protection of the building or of any property referred to in any of paragraphs (a) to (c).
2: For the purposes of this Act, a renewal of a contract of insurance shall be deemed to be a new contract. Section 2(1) board amended 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) personal property repealed 1 July 2019 section 12 Earthquake Commission Amendment Act 2019 Section 2(1) replacement value replaced 1 July 2019 section 12 Earthquake Commission Amendment Act 2019
3: Act to bind the Crown
This Act shall bind the Crown.
3A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 3A inserted 19 February 2019 section 4 Earthquake Commission Amendment Act 2019
1: Earthquake Commission
4: Earthquake Commission
1: There shall continue to be a Crown entity called the Earthquake Commission which shall be the same body corporate as that existing under the name of the Earthquake and War Damage Commission immediately before the commencement of this Act.
2:
3:
4:
5: The persons holding office as members of the board of the Earthquake and War Damage Commission immediately before the commencement of this Act shall, on the commencement of this Act, be deemed to have been appointed as members of the board under this Act, but their term of office under this Act shall be deemed to have commenced on the date on which they were appointed or last reappointed to the first-mentioned board. Section 4(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 4(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 4(4) repealed 25 January 2005 section 200 Crown Entities Act 2004
4A: Crown Entities Act 2004 to apply
1: The Commission is a Crown entity for the purposes of section 7
2: The Crown Entities Act 2004 Section 4A inserted 25 January 2005 section 200 Crown Entities Act 2004
4B: Membership of Commission's board
1: The Commission's board must have no fewer than 5, and no more than 9, members.
2: The members of the Commission are the board for the purposes of the Crown Entities Act 2004 Section 4B inserted 25 January 2005 section 200 Crown Entities Act 2004
5: Functions of Commission
1: The functions of the Commission are—
a: to administer the insurance against natural disaster damage provided under this Act:
b: to collect premiums payable for the insurance provided under this Act:
c: to administer the Fund and, so far as is reasonably practicable, protect its value, including by the investment of money held in the Fund:
d: to obtain reinsurance in respect of the whole or part of the insurance provided under this Act:
e: to facilitate research and education about matters relevant to natural disaster damage, methods of reducing or preventing natural disaster damage, and the insurance provided under this Act:
f: such other functions as may be conferred on it by—
i: this Act or any other Act; or
ii: the Minister, in accordance with section 112
2: Section 5(1)(f)(ii) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 5(2) repealed 25 January 2005 section 200 Crown Entities Act 2004
6: Powers of Commission
Section 6 repealed 25 January 2005 section 200 Crown Entities Act 2004
7: Capital of Commission
1: The capital of the Commission shall be $1,500,000,000, in shares of $1 each, which shall be deemed to have been subscribed for and paid up in full from the Fund by the Minister on behalf of Her Majesty the Queen on 1 October 1988.
2: The Governor-General, on the advice of the Minister given after consultation with the board, may by Order in Council increase or reduce the share capital of the Commission to such amount as may be prescribed in the order.
3: The share capital of the Commission shall not be increased otherwise than in accordance with subsection (2).
4: The Commission shall not allot any shares in its capital to any person other than Her Majesty the Queen or a nominee holding shares on behalf of Her Majesty.
5: The Minister may, on behalf of Her Majesty the Queen,—
a: subscribe for or otherwise acquire any shares issued by the Commission on any increase of its share capital pursuant to subsection (2):
b: receive any money paid by the Commission on a reduction of its share capital pursuant to subsection (2):
c: exercise any of Her Majesty's rights and powers as the holder of any shares in the Commission.
6: All money required to be paid by the Minister in respect of the subscription for, or other acquisition of, shares in the Commission (other than the share capital of $1,500,000,000 referred to in subsection (1)) shall be paid out of public money appropriated by Parliament for the purpose.
7: All sums paid or deemed to be paid by the Minister in respect of the subscription for, or other acquisition of, shares in the Commission shall be deemed to form part of the Fund.
8: 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 7(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
8: Commission to be Crown entity
Section 8 repealed 25 January 2005 section 200 Crown Entities Act 2004
9: Minister may determine dividend
The Minister, by written notice to the Commission, after consultation with the Commission, may determine the amount of dividend payable by the Commission in respect of any financial year or years, and the Commission shall comply with the notice.
10: Exemption from income tax
1: The Commission is hereby declared to be exempt from the payment of income tax under the Income Tax Act 2007
2: The Commission shall pay into a Crown Bank Account Section 10(1) amended 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise) section ZA 2(1) Income Tax Act 2007 Section 10(2) amended 25 January 2005 section 65R(3) Public Finance Act 1989
11: Auditor-General to be auditor of Commission
1:
2: Without limiting section 4 Section 11 substituted 1 July 2001 section 53 Public Audit Act 2001 Section 11(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 11(2) amended 25 January 2005 section 200 Crown Entities Act 2004
12: Directions by Minister
1: In directing the entity in accordance with section 103
1A: The Minister may, in giving any written directions section 5(1)(c)
a: the Crown's current and possible future overall financial position, having regard to the requirement in section 16
b: the Crown's current and possible future overall financial position, taking into account the interests of the Crown in the bodies referred to in section 27(3)(a) to (f)
c: the Commission's current and possible future overall financial position.
1B: Without limiting subsections (1) and (1A), written directions section 5(1)(c)
2:
2A:
2B:
3:
4: Every direction given under section 9 of the Earthquake and War Damage Act 1944 (as substituted by section 3 of the Earthquake and War Damage Amendment Act 1988) and in force on the commencement of this Act shall be deemed to have been given under section 103 Section 12(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 12(1A) inserted 27 March 1998 section 2 Earthquake Commission Amendment Act 1998 Section 12(1A) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 12(1A)(b) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 12(1B) inserted 27 March 1998 section 2 Earthquake Commission Amendment Act 1998 Section 12(1B) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 12(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 12(2A) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 12(2B) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 12(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 12(4) amended 25 January 2005 section 200 Crown Entities Act 2004
13: Natural Disaster Fund
1: For the purposes of this Act, there shall continue to be a fund to be known as the Natural Disaster Fund (being the same fund as that existing under the name of the Earthquake and War Damage Fund immediately before the commencement of this Act).
2: The Disaster and Landslip Fund, continued in existence by regulation 11 of the Earthquake and War Damage Regulations 1984, shall cease to be a separate fund within the Natural Disaster Fund from the commencement of this Act and all money held in the Disaster and Landslip Fund shall be amalgamated with the money held in the Natural Disaster Fund.
3: All money in bank accounts established by the Commission, and all investments and other assets of the Commission, shall be deemed to form part of the Fund.
4: All money which is required to be paid into or out of the Fund may be paid into or out of any bank account established by the Commission.
5: Section 100 Section 13(5) added 25 January 2005 section 200 Crown Entities Act 2004
14: Money payable into Fund
1: There shall from time to time be paid into the Fund—
a: the proceeds of all premiums and other money payable to the Commission:
b: all fines and penalties recovered under this Act or any regulations in force under this Act:
c: all other money that is lawfully payable into the Fund.
2: All money in the Fund, and all money payable into the Fund by any person, and all debts and other money for the time being owing to the Commission by any person, whether on account of premiums or otherwise, and whether they are accrued due or not, are hereby declared to be the property of the Commission and recoverable accordingly by the Commission.
15: Money payable out of Fund
There shall, from time to time, be paid out of the Fund—
a: all claims admitted or sustained against the Commission in respect of the insurance of any property under this Act and all expenditure in connection with any such claims:
b: all refunds of premiums or any part thereof made by the Commission:
c: all premiums and other expenditure in connection with the reinsurance of any liability of the Commission:
d: such sums as the Commission may from time to time decide to grant to any person or body of persons engaged in research into any matter relevant to the Commission's functions:
e: such sums as the Commission may from time to time decide to spend for the purposes of informing or educating any persons about any matter relevant to the Commission's functions:
f: all money required to repay any money borrowed by it under section 16
g: all dividends payable under section 9 section 10(2) section 17
h: all salaries, remuneration, and allowances and other expenditure incurred, or other money payable by the Commission under, or in the administration of, this Act, or in the exercise of the Commission's functions or powers under this Act, or in accordance with regulations made under this Act.
16: Deficiency in Fund
If the assets of the Commission (including the money for the time being in the Fund) are not sufficient to meet the liabilities of the Commission, the Minister shall, without further appropriation than this section, provide to the Commission out of public money such sums by way of grant or advance as may be necessary to meet the deficiency upon such terms and conditions as the Minister determines.
17: Fees payable to Crown by Commission
There shall be payable by the Commission to the Crown each year, on such date as the Minister determines, a fee to be determined from time to time by the Minister in respect of the obligation imposed by section 16
2: Insurance of residential property against natural disaster
Insurance
18: Residential buildings
1: Subject to any regulations made under this Act and to Schedule 3
a: if the contract of fire insurance specifies a replacement sum insured for which the building is insured against fire under that contract, the amount of that sum insured:
b: if the contract of fire insurance does not specify such a replacement sum insured but does specify an amount to which the building is to be insured under this Act, that amount:
c: the amount arrived at by multiplying the number of dwellings in the building (being the number determined in accordance with subsection (3)) by $150,000
2: An amount specified for the purposes of subsection (1)(b) shall not be less than the amount calculated by multiplying $2,500 be the amount calculated by multiplying $2,500,
3: For the purposes of subsection (1)(c), a residential building is deemed to comprise 1 dwelling unless the existence of a higher number of dwellings in the building is disclosed to the insurance company at the time that the contract of fire insurance is entered into. Section 18(1)(c) amended 1 July 2019 section 8(1) Earthquake Commission Amendment Act 2019 Section 18(2) amended 1 July 2019 section 8(2) Earthquake Commission Amendment Act 2019 Section 18(2) amended 1 July 2019 section 8(3) Earthquake Commission Amendment Act 2019
19: Residential land
Subject to any regulations made under this Act and to Schedule 3
a: the value, at the site of the damage, of—
i: if there is a district plan operative in respect of the residential land, an area of land equal to the minimum area allowable under the district plan for land used for the same purpose that the residential land was being used at the time of the damage; or
ii: an area of land of 4 000 square metres; or
iii: the area of land that is actually lost or damaged— whichever is the smallest; and
b: the indemnity value of any property referred to in paragraphs (d) and (e) of the definition of the term residential land in section 2(1)
20: Personal property
Section 20 repealed 1 July 2019 section 9 Earthquake Commission Amendment Act 2019
21: Property not insured under this Act
1: Sections 18 and 19
a: any property of a kind specified in Schedule 2
b: any property of a kind specified for the purposes of this section in regulations made under this Act.
2: Nothing in subsection (1) shall limit—
a: either of paragraphs (c) and (d) of the definition of the term residential building in section 2(1)
b: either of paragraphs (d) and (e) of the definition of the term residential land in section 2(1) Section 21(1) amended 1 July 2019 section 12 Earthquake Commission Amendment Act 2019
22: Voluntary insurance against natural disaster damage
1: On application made by any person having an insurable interest in any residential building or residential land, the Commission may enter into a contract to insure that building or land section 18 19
2: A contract may be made under this section—
a: for the insurance of any residential building or residential land that is not insured under section 18 19
b: for the insurance of any residential building or residential land in substitution for the insurance of that building or land under section 18 19
3: Upon the making of a contract under this section, a premium at the rate prescribed for the purposes of this section or, where no such rate is prescribed, at such rate as the Commission thinks fit shall be payable to the Commission by the applicant. Section 22(1) amended 1 July 2019 section 10(1) Earthquake Commission Amendment Act 2019 Section 22(1) amended 1 July 2019 section 10(2) Earthquake Commission Amendment Act 2019 Section 22(2)(a) replaced 1 July 2019 section 10(3) Earthquake Commission Amendment Act 2019 Section 22(2)(b) replaced 1 July 2019 section 10(3) Earthquake Commission Amendment Act 2019 Premiums
23: Premiums payable to Commission
1: When a contract of fire insurance of a kind referred to in section 18
2: The amount of a premium for which any insurance company becomes liable under this section in respect of any contract of fire insurance shall, upon the making of the contract, become a debt due by the insured person to the insurance company, and may be recovered by the company accordingly. If at any time before the debt is fully discharged any other person becomes an insured person under the contract of fire insurance the amount remaining unpaid shall thereupon become a debt due by him or her to the insurance company, without prejudice to the liability of any other person. Where 2 or more persons are liable for any amount under this subsection their liability shall be joint and several.
3: Notwithstanding subsection (2), where a premium is payable by an insurance company pursuant to subsection (1) and the insurance company does not carry on business in New Zealand—
a: the premium shall be a debt due by the insured person to the Commission jointly and severally with the insurance company, and may be recovered by the Commission accordingly:
b: if at any time before the debt is fully discharged any other person becomes an insured person under the contract of fire insurance, the amount remaining unpaid shall become a debt due by him or her to the Commission, without prejudice to the liability of any other person:
c: where 2 or more persons are liable for any amount under this subsection their liability shall be joint and several.
4: Subject to any regulations made under this Act, the Commission may from time to time—
a: allow to insurance companies such discounts as the Commission thinks fit in respect of premiums payable by them under this section:
b: upon or subject to such conditions as the Commission thinks fit, release any insurance company wholly or partly from its liability in respect of any premium or part of a premium under this section which, in the opinion of the Commission, is irrecoverable by the insurance company from the insured person. Section 23(1) amended 1 July 2019 section 12 Earthquake Commission Amendment Act 2019
24: Payment of premiums by insurance companies
1: The amount of the premiums for which any insurance company becomes liable under section 23
2: Each payment to the Commission under subsection (1) shall be accompanied by a certificate by an officer or agent of the insurance company, stating that, according to the books of the company, and to the best of his or her knowledge and belief, the payment is correct.
25: Secrecy of information
1: The amount of every payment under section 24
2: Nothing in subsection (1) shall prohibit—
a: the publication of the amounts of premiums received, and cover provided, by the Commission during or in respect of any period in a manner which does not enable the premiums or amounts of cover attributable to a particular insurance company or companies to be identified; or
b: the use of any of the information referred to in subsection (1) for the purposes of this Act or any regulations made under this Act.
26: Insurance companies to keep records
Every insurance company shall at all times keep in safe custody all records of contracts of fire insurance in respect of which it becomes liable to pay a premium under this Act, including full particulars of each contract, the amount of the premium, and the date of its payment to the Commission. Conditions of insurance
27: Conditions of insurance in Schedule 3
In addition to all other conditions imposed by this Act or by regulations made under this Act—
a: the insurance of any residential building or residential land under section 18 19 Schedule 3
b: the insurance of any residential building or residential land section 22 Schedule 3 Section 27(a) amended 1 July 2019 section 12 Earthquake Commission Amendment Act 2019 Section 27(b) amended 1 July 2019 section 12 Earthquake Commission Amendment Act 2019
28: Certificates of certain events to be registered against land
1: If—
a: the insurance of any residential building or residential land is cancelled under clause 4
b: the Commission issues a limitation of liability notice under subclause (1) or subclause (2) of clause 5 the Commission shall forward a certificate to that effect to the Registrar-General of Land
2: Every such certificate shall set out—
a: the description of the land; and
b: a statement of the provisions of subsection (4).
3: The validity of a certificate under this section shall not be affected by any misdescription in it of the land concerned, if sufficient information appears on the face of the certificate for the Registrar-General of Land
4: The Commission shall, on written application by any person affected by any action of the Commission referred to in subsection (1), supply to that person reasons in writing for that action.
5: If the Commission is satisfied, pursuant to clause 4(3) clause 5(5) Registrar-General of Land, and the Registrar-General of Land
6: Every certificate or notice of discharge under this section shall be signed by the Commission or by some person authorised by the Commission for that purpose. Section 28(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 28(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 28(5) amended 12 November 2018 section 250 Land Transfer Act 2017
29: Settlement of claims
1: Subject to any regulations made under this Act—
a: a claim may be made in respect of any insurance under this Act only by a person who has an insurable interest in the property concerned; and
b: without limiting section 31
2: Subject to any regulations made under this Act and, where a contract has been entered into under section 22
3: Where any property is insured under this Act for its replacement value and the Commission is satisfied that goods and services tax has been paid or will be payable by an insured in the course of replacing or reinstating the property, the amount of any payment under subsection (2) shall be increased by the amount of goods and services tax paid or payable by the insured.
4: Subject to any regulations made under this Act and without limiting the liability of the Commission under this Act, any payments or expenditure for which the Commission may be liable under this section shall be made as soon as reasonably practicable, and in any event not later than 1 year after the amount of the damage has been duly determined (which determination shall be made as soon as reasonably practicable).
5: The Commission may make ex gratia payments in respect of natural disaster damage to property that is not insured under this Act where a premium has been paid under this Act in respect of that property in the belief that the property was insured under this Act.
30: Insurance otherwise than under this Act
1: Where on the occurrence to any property of natural disaster damage against which it is insured under section 18 19 section 22
a: the total amount payable under that contract or those contracts in respect of that natural disaster damage; and
b: the proportion of the natural disaster damage to be borne by the insured person under the conditions applying to the insurance of the property under this Act.
2: Subsection (1) shall not apply with respect to any contract of insurance made otherwise than under this Act to the extent that the contract provides for cover in excess of the amount to which cover is provided under this Act.
3: Notwithstanding anything to the contrary in any contract whereby any property is insured against natural disaster damage otherwise than under this Act, where the property is or has at any time also been insured against that natural disaster damage under section 18 19 section 22 Section 30(1) amended 1 July 2019 section 12 Earthquake Commission Amendment Act 2019 Section 30(3) amended 1 July 2019 section 12 Earthquake Commission Amendment Act 2019
31: Application of conditions in other documents
Where there is expressed or implied in any mortgage, lease, instrument, or document, whether executed before or after the commencement of this Act, any covenant, condition, or power relating to the insurance against loss or damage by fire of any property to which section 18 19 section 22 Section 31 amended 1 July 2019 section 12 Earthquake Commission Amendment Act 2019
3: Miscellaneous provisions
31A: Collection and disclosure of information
1: The Commission may collect information for any of the following purposes:
a: administering this Act:
b: performing its functions:
c: facilitating natural disaster preparedness, response, or recovery (including settlement of insurance claims by insurance companies).
2: Information collected by the Commission for any of the purposes referred to in subsection (1) is taken to have been collected—
a: for all of those purposes; and
b: if it is property-related information, for the purpose of making the information available (including to the public).
3: The Commission may make available any information in its possession if it believes on reasonable grounds that doing so is necessary to prevent or lessen a serious threat to public health or public safety or to the life or health of any individual.
4: This section does not limit the Privacy Act 2020
5: In this section,— property-related information
a: natural disaster damage to the property; and
b: any claims made under this Act in relation to the property (including information about the assessed cost of replacing or reinstating damaged property, reinstatement methods, and settlement amounts) serious threat section 7(1) Section 31A inserted 19 February 2019 section 5 Earthquake Commission Amendment Act 2019 Section 31A(4) amended 1 December 2020 section 217 Privacy Act 2020 Section 31A(5) serious threat amended 1 December 2020 section 217 Privacy Act 2020
32: Power to inspect property, obtain information, and enter land
1: For the purpose of obtaining any information that may be reasonably required by the Commission for the purposes of this Act, any person specifically or generally authorised in writing in that behalf by the Commission may from time to time—
a: inspect and examine any property and any books, accounts, vouchers, records, or documents:
b: require any person to produce any books, accounts, vouchers, records, or documents in his or her possession or under his or her control, and allow copies of or extracts from any such books, accounts, vouchers, records, or documents to be made or taken:
c: require any person to furnish, in a form to be approved by or acceptable to the Commission, any information or particulars that may be required by the Commission:
d: subject to the provisions of sections 33 34
2: Every such written authorisation shall contain—
a: a reference to this section; and
b: the full name of the authorised person; and
c: a statement of the powers conferred on the authorised person by subsection (1); and
d: the purpose for which those powers may be exercised.
3: Every person shall have the same privileges in relation to—
a: the production to any authorised person of any books, accounts, vouchers, records, or documents; and
b: the furnishing to any authorised person of any information or particulars; and
c: the answering of questions put by any authorised person— under this section as witnesses have in courts of law.
4: A person authorised by the Commission for the purposes of subsection (1) shall not make a record of, divulge, or communicate to any person, any information acquired in exercising the powers conferred by that subsection except—
a: to the Commission; or
b: for the purposes of this Act; or
c: for the purposes of any court proceedings; or
d: for such purposes as may be specified in any other Act.
33: Provisions applying in respect of entry
1: If practicable, before a power of entry conferred by section 32
a: that entry on or into the land, building, or place is authorised under section 32
b: the purpose for which entry is required; and
c: how and when entry is to be made.
2: If entry is made on or into any land, building, or place under section 32
3: Every person exercising any power of entry under section 32
a: if practicable, on first entering the land, building, or place; and
b: whenever subsequently reasonably required to do so by the occupier.
34: Power to issue warrant authorising entry
1: If entry on or into any land, building, or place under section 32 Community Magistrate, section 33
2: A person who applies for a warrant under this section shall, having made reasonable inquiries, disclose in the application—
a: details of every previous application, made in the immediately preceding period of 28 days, for a warrant to search the land, building, or place specified in the application; and
b: the result of each such previous application; and
c: details of the offence suspected.
3: Every warrant issued under this section shall contain—
a: a reference to this section; and
b: the full name of the person authorised to enter; and
c: a description of the land, building, or place in respect of which it was issued; and
d: the date on which it was issued and the date on which it expires.
4: Every warrant issued under this section shall authorise the person named in it, at any reasonable time within 4 weeks after the date on which it is issued, to enter the land, building, or place described in the warrant and to do on or in the land, building, or place all such things as are necessary to ascertain whether an offence against this Act has been committed.
5: Every person exercising any power under subsection (4) shall have with him or her the appropriate warrant, and evidence of his or her identity, and shall produce them to the occupier of the land, building, or place—
a: if practicable, on first entering the land, building, or place; and
b: whenever subsequently reasonably required to do so by the occupier.
6: Every such warrant shall be executed in accordance with such reasonable conditions as may be specified in the warrant when it is issued. Section 34(1) amended 30 June 1998 section 7 District Courts Amendment Act 1998
35: Offences
1: Every person commits an offence and is liable on
a: intentionally makes any statement that is both incorrect and material in any information or particulars furnished (whether in writing or not) under section 32
b: intentionally makes any material omission from any information or particulars so furnished; or
c: intentionally destroys or mutilates or renders illegible any entry in any record, book, or account required to be kept under or for the purposes of this Act or any regulations in force under this Act, or wilfully makes a false or fraudulent entry in or omission from any such record, book, or account.
2: Every person commits an offence and is liable on
a: resists, obstructs, deceives, or attempts to deceive, any person who is exercising or attempting to exercise any power or function under section 32 section 34
b: without lawful excuse, fails to comply in any respect with any requirement under section 32
c: without lawful excuse, acts in contravention of or fails to comply with either of sections 25 26
3: Any offence against this section committed by any employee or agent in the course of employment or agency shall be deemed to have been also committed by his or her employer or principal if it is proved that the act or omission constituting the offence occurred with the employer's or principal's authority, permission, or consent. Section 35(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 35(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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: specifying any kind of property for the purposes of section 21(1)(b) or residential land
b: prescribing conditions (being contemplated by or additional to those specified in, and not inconsistent with, this Act) upon or subject to which any residential buildings or residential land, or class of residential building or residential land, are insured under any or all of sections 18 19 22
c: prescribing the rates of premiums payable under this Act; and different rates may be prescribed in different cases or classes of cases:
d: empowering the Commission to determine the method of calculation of premiums payable under this Act, but so that any such determination is subject to any regulation prescribing the rates of premiums:
e: providing for the apportionment of premiums payable under this Act among persons interested in any residential buildings or residential land, or class of residential buildings or residential land,
f: providing for the destination and apportionment of money payable by the Commission in settlement of claims:
g: providing for and regulating the collection, receipt, and payment of money under this Act:
h: requiring insurance companies to make returns and to keep books and accounts for the purposes of this Act:
i: providing for the audit and investigation of records, books, and accounts required to be kept by this Act or by regulations in force under this Act:
j: prescribing, or making provision for the Commission to prescribe or provide, forms for the purposes of this Act:
k: authorising the payment of money from the Fund:
l: prescribing offences in respect of the contravention of or non-compliance with any regulations in force under this Act, and the amounts of fines that may be imposed in respect of any such offences, which fines shall be an amount not exceeding $500:
m: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: Subject to subsection (3), the Governor-General may from time to time, by Order in Council, in accordance with the recommendation of the Minister, make regulations which deem any class of premises to be, or not to be, a dwelling for the purposes of this Act.
3: The Minister shall not make a recommendation under subsection (2) in relation to any class of premises unless the Commission has advised the Minister that doubts have arisen as to whether that class of premises is a dwelling for the purposes of this Act and that an Order in Council is desirable to clarify the matter.
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 36(1)(a) amended 1 July 2019 section 12 Earthquake Commission Amendment Act 2019 Section 36(1)(b) amended 1 July 2019 section 12 Earthquake Commission Amendment Act 2019 Section 36(1)(e) amended 1 July 2019 section 12 Earthquake Commission Amendment Act 2019 Section 36(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
37: Transitional provisions relating to staff
1: Every person employed by the Commission immediately before the commencement of this Act shall, on the commencement of this Act, be deemed to have been appointed as an employee of the reconstituted Commission on the same terms and conditions of employment (including those relating to salaries and allowances) as applied in respect of that person immediately before such commencement.
2: Any person who, immediately before the commencement of this Act, was an officer or employee of the Commission and was a contributor to the Government Superannuation Fund Act 1956 Government Superannuation Fund Act 1956 Government Superannuation Fund Act 1956
3: Subject to the Government Superannuation Fund Act 1956
4: For the purposes of applying the Government Superannuation Fund Act 1956 controlling authority
38: Amendment to Ombudsmen Act 1975
Section 38 repealed 25 January 2005 section 200 Crown Entities Act 2004
39: Repeals and revocations
1: The enactments specified in Part 1
2: The regulations specified in Part 2
40: Temporary continuation of existing earthquake and war damage cover
1: All property which was insured under or by virtue of section 14 of the Earthquake and War Damage Act 1944 section 14
2: Every contract of insurance entered into under section 15 of the Earthquake and War Damage Act 1944
4: Transitional provisions in respect of non-residential property
41: Insurance of non-residential property
1: Any person who—
a: has an insurable interest in any property that is not a residential building, personal property, or land (in this section called non-residential property
b: enters into, or obtains an assignment of, a contract of fire insurance in respect of that property— may apply to the Commission for the insurance against natural disaster damage of that property and, if the property is a building, of any associated land; and the Commission may agree to insure the property and any associated land under and in accordance with this section for a period not extending beyond the term of the contract of fire insurance.
2: No contract of natural disaster insurance entered into by the Commission under this section shall provide for cover exceeding 75% of the indemnity value of the property insured.
3: No contract of natural disaster insurance entered into by the Commission under this section shall provide for cover exceeding 50% of the indemnity value of the property insured after—
a: 31 December 1994; or
b: the date on which any contract of fire insurance in respect of that property entered into on or after 1 January 1993 but before 1 January 1994 expires or ceases to apply to the property— whichever is the earlier.
4: No contract of natural disaster insurance entered into by the Commission under this section shall provide for cover exceeding 25% of the indemnity value of the property insured after—
a: 31 December 1995; or
b: the date on which any contract of fire insurance in respect of that property entered into on or after 1 January 1994 but before 1 January 1995 expires or ceases to apply to the property— whichever is the earlier.
5: Nothing in this section shall require any person to insure any non-residential property against natural disaster damage.
6: Subject to subsections (2) to (4), the Commission, in its discretion, shall determine the terms and conditions applicable to any contract of natural disaster insurance entered into under this section, including the period of cover and the premium payable.
7: The Commission shall not—
a: accept any application for insurance made under this section after 31 December 1995:
b: enter into any contract of insurance under this section which extends beyond 31 December 1996.
8: Nothing in this Act shall prevent any person from entering into a contract of insurance with an insurance company that is limited to an excess over the value of the property already insured by the Commission.
9: For the purposes of this section, associated land
a: the land on which the building is situated; and
b: all land within 8 metres in a horizontal line of the building; and
c: that part of the land holding which—
i: is within 60 metres, in a horizontal line, of the building; and
ii: constitutes the main access way or part of the main access way to the building from the boundary of the land holding or is land supporting such access way or part; and
d: all bridges and culverts situated within any area specified in paragraphs (a) to (c); and
e: all retaining walls and their support systems within 60 metres, in a horizontal line, of the building which are necessary for the support or protection of any property referred to in any of paragraphs (a) to (c). |
DLM302692 | 1993 | Resource Management Amendment Act 1993 | 1: Short Title and commencement
1: This Act may be cited as the Resource Management Amendment Act 1993, and shall be read together with and deemed part of the Resource Management Act 1991
2: This Act shall come into force on the day on which it receives the Royal assent.
1: Interpretation and application
2: Interpretation
This section amended s 2 Subsections (8) (10) repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
3: Meaning of
effect This section amended s 3
4: Person acting under resource consent with permission
This section inserted s 3A
5: Act to bind the Crown
This section amended s 9
2: Duties and restrictions under Act
6: Restrictions on use of land
This section amended s 9
7: Certain existing uses in relation to land protected
This section amended s 10
8: Certain existing activities allowed
This section inserted s 10A
9: Restrictions on subdivision of land
This section amended s 11
10: Restrictions on use of coastal marine area
This section amended s 12 Section 10(4) repealed 17 December 1997 4(5) Resource Management Amendment Act 1997
11: Restrictions on certain uses of beds of lakes and rivers
This section amended s 13
12: Restrictions relating to water
This section amended s 14
13: Discharge of contaminants into environment
This section amended s 15
14: Duty to avoid unreasonable noise
This section amended s 16
15: Duty to avoid, remedy, or mitigate adverse effects
This section amended s 17
16: Certain existing lawful activities allowed
This section amended s 20 Section 16(1)(a) repealed 17 December 1997 8(2) Resource Management Amendment Act 1997 Section 16 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
3: Functions, powers, and duties of central and local government
17: Functions of Minister for the Environment
This section amended s 24
18: Information to be supplied to Minister for the Environment
This section amended s 27
19: Functions of Minister of Conservation
This section amended s 28
20: Information to be supplied to Minister of Conservation
This section inserted s 28A
21: Functions of regional councils
This section amended s 30
22: Functions of territorial authorities under Act
23: Duties to consider alternatives, assess benefits and costs, etc
This section amended s 32 Section 23 repealed 9 December 1994 2(2) Resource Management Amendment Act (No 2) 1994
24: Duty to gather information, monitor, and keep records
This section amended s 35
25: Power of waiver and to extend time limits
This section amended s 37 Section 25 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
26: Authorisation and responsibilities of enforcement officers
This section amended s 38
27: Hearings to be public and without unnecessary formality
This section amended s 39
28: Persons who may be heard at hearing
This section amended s 40
29: Provisions relating to hearings
This section amended s 41
30: Reports to local authority
This section inserted heading and s 42A
4: Standards, policy statements, and plans
31: Regulations prescribing national environmental standards
This section amended s 43 Sections 31 to 34 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
32: Summary of submissions, notification, and conduct of hearing
This section substituted s 50 Sections 31 to 34 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
33: Matters to be considered and board of inquiry's report
This section amended s 51 Sections 31 to 34 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
34: Contents of regional policy statements
This section amended s 62 Sections 31 to 34 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
35: Preparation and change of regional coastal plans
This section amended s 64
36: Preparation and change of other regional plans
This section amended s 65
37: Regional rules
This section amended s 68 Subsections (2) and (3) repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
38: Repealing provisions relating to rules about esplanade reserves on reclamation
This section repealed s 71
39: Preparation and change of district plans
40: District rules
Subsections (2) and (3) repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
41: Rules about esplanade reserves on subdivision and road stopping
This section substituted s 77
42: Withdrawal of proposed policy statements and plans
This section repealed s 78
43: Compensation not payable in respect of controls on land
This section amended s 85
5: Resource consents
44: Making an application
Section 44 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
45: Applications to territorial authorities for resource consents where land is in coastal marine area
This section amended s 89
46: Distribution of application to other authorities
This section amended s 90 Sections 46 to 49 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
47: Further information may be required
This section amended s 92 Sections 46 to 49 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
48: Notification of applications
This section amended s 93 Sections 46 to 49 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
49: Applications not requiring notification
This section amended s 94 Sections 46 to 49 repealed 1 August 2003 96 Resource Management Amendment Act 2003 See sections 109 to 113
50: Time limit for submissions
This section amended s 97
51: Hearing date and notice
This section amended s 101
52: Joint hearings by 2 or more consent authorities
This section amended s 102
53: Combined hearings in respect of 2 or more applications
This section amended s 103
54: Matters to be considered
This section substituted s 104
55: Decisions on applications
This section amended s 105
56: Subdivision consent not to be granted in certain circumstances
This section amended s 106
57: Restriction on grant of certain discharge permits
This section amended s 107 Subsections (2) (3) repealed 17 December 1997 23(2) Resource Management Amendment Act 1997
58: Conditions of resource consents
This section amended s 108 Subsections (1) to (5) (7) repealed 17 December 1997 24(6)(a) Resource Management Amendment Act 1997
59: Refund of money and return of land where activity does not proceed
This section amended s 110
60: Use of financial contributions
This section amended s 111
61: Obligation to pay rent and royalties a deemed condition
This section amended s 112
62: Decisions on applications to be in writing, etc
This section amended s 113
63: Time limits for notification of decision
This section amended s 115
64: When resource consent commences
This section amended s 116
65: Application to carry out restricted coastal activity
This section substituted s 117
66: Decision on application for restricted coastal activity
This section substituted s 119
67: Residual powers of regional council
This section inserted s 119A
68: Right to appeal
This section amended s 120
69: Procedure for appeal
This section amended s 121
70: Consents not real or personal property
This section amended s 122
71: Lapsing of consents
This section amended s 125
72: Change or cancellation of consent condition on application by consent holder
This section amended s 127
73: Circumstances when consent conditions can be reviewed
This section amended s 128
74: Notice of review
This section amended s 129
75: Public notification, submissions, and hearing, etc
This section amended s 130
76: Decisions on review of consent conditions
This section amended s 132
77: Transferability of coastal permits
This section amended s 135
78: Transferability of discharge permits
This section amended s 137
79: Consent authorities to grant certificates of compliance
This section substituted s 139
6: Coastal tendering
80: Order in Council may be made requiring holding of authorisation
This section amended s 152
81: Application of Order in Council
This section amended s 153
82: Effect of Order in Council
This section amended s 156
7: Designations and heritage orders
83: Meaning of
designation This section amended s 166 Electricity Act 1992
84: Application to become requiring authority
This section substituted s 167
85: Notice of requirement to territorial authority
This section amended s 168
86: Notice of requirement by territorial authority
87: Recommendation by territorial authority
This section amended s 117 Section 87(b) repealed 17 December 1997 36(3) Resource Management Amendment Act 1997
88: Notification of decision
This section amended s 173
89: Designation to be provided for in district plan
This section amended s 175
90: Effect of designation
This section amended s 176
91: Land subject to existing designation or heritage order
This section amended s 177
92: Interim effect of requirement
This section amended s 178
93: Appeals relating to sections 176 to 178
This section amended s 179
94: Transfer of rights and responsibilities for designations
This section substituted s 180
95: Alteration of designation
This section amended s 181
96: Removal of designation
This section substituted s 182
97: Repealing provisions relating to review of designations which have not lapsed
This section repealed s 183
98: Lapsing of designations which have not been given effect to
This section amended s 184
99: Lapsing of designations of territorial authority in its own district
This section inserted s 184A
100: Meaning of
heritage order This section amended s 187
101: Application to become heritage protection authority
This section amended s 188
102: Notice of requirement to territorial authority
This section amended s 189
103: Notice of requirement by territorial authority
This section inserted s 189A
104: Recommendation by territorial authority
This section amended s 191
105: Application of other sections
This section amended s 192
106: Land subject to existing heritage order or designation
This section inserted s 193A
107: Interim effect of requirement
This section amended s 194
108: Removal of heritage order
This section amended s 196
109: Planning Tribunal may order land taken, etc
This section amended s 198
8: Water conservation orders
110: Matters to be considered
This section amended s 207
111: Matters to be considered by Planning Tribunal
This section substituted s 212
112: Tribunal's report
This section substituted s 213
113: Effect of water conservation order
This section amended s 217
9: Subdivision and reclamations
114: Meaning of subdivision of land
This section amended s 218
115: Information to accompany applications for subdivision consents
This section amended s 219
116: Condition of subdivision consents
This section amended s 220
117: Completion certificates
This section amended s 222
118: Approval of survey plan by territorial authority
This section amended s 223
119: Restrictions upon deposit of survey plan
This section amended s 224
120: Restrictions upon issue of certificates of title for subdivision
This section amended s 226
121: Savings in respect of cross leases, company leases, and retirement village leases
This section inserted s 226A
122: Cancellation of prior approvals
This section amended s 227
123: Subdivision by the Crown
This section amended s 228
124: New sections substituted
This section substituted sections 229 to 237 sections 237A to 237H
125: Vesting of roads
This section amended s 238
126: Vesting of reserves or other land
This section amended s 239
127: Covenant against transfer of allotments
This section amended s 240
128: Amalgamation of allotments
This section amended s 241
129: Prior registered instruments protected
This section amended s 242
130: Survey plan approved subject to grant or reservation of easements
This section amended s 243
131: Consent authority approval of plan of survey of reclamation
This section amended s 245
132: Restrictions on deposit of plan of survey for reclamation
This section amended s 246
10: Environment Court
133: Planning Tribunal sittings
This section amended s 265
134: Powers of Planning Judge sitting alone
This section amended s 279
135: Awarding costs
This section substituted s 285
136: Reference of questions of law to High Court
This section amended s 287
137: Appeal on question of law
This section amended s 299
11: Declarations, enforcement, and ancillary powers
138: Scope and effect of declaration
This section amended s 310
139: Application for declaration
This section amended s 311
140: Notification of application
This section amended s 312 Section 140 repealed 10 August 2005 116(2) Resource Management Amendment Act 2005 See sections 131 to 135
141: Scope of enforcement order
This section amended s 314
142: Compliance with enforcement order
This section amended s 315
143: Compliance with enforcement order
This section amended s 316
144: Decision on applicatio
This section amended s 319
145: Interim enforcement order
This section substituted s 320
146: Scope of abatement notice
This section amended s 322
147: Appeals
This section amended s 325
148: Cancellation of abatement notice
This section inserted s 325A
149: Compliance with excessive noise direction
This section amended s 328
150: Emergency works and power to take preventive or remedial action
This section amended s 330
151: Resource consents for emergency works
This section inserted s 330A
152: Reimbursement or compensation for emergency works
This section amended s 331
153: Power of entry for inspection
This section amended s 332
154: Content and effect of warrant for entry for search
This section amended s 335
155: Offences against this Act
This section amended s 338
156: Strict liability and defences
This section amended s 341
12: Miscellaneous provisions
157: Service of documents
This section amended s 352
158: Notices and consents in relation to Maori land
This section substituted s 353
159: Crown's existing rights to resources to continue
This section amended s 354
160: Vesting of reclaimed land
This section amended s 355
161: Objections to certain decisions and requirements of consent authorities
This section amended s 357
162: Appeals against certain decisions or objections
This section amended s 358
163: Regulations
This section amended s 360
13: Transitional provisions
164: Meaning of
permission This section amended s 364
165: Effect of this Act on existing schemes, consents, etc
This section amended s 366
166: Provisions deemed to be regional rules
This section amended s 369
167: Existing notices, bylaws, etc, to become regional coastal plans
This section amended s 370
168: Provisions deemed to be regional coastal rules
This section amended s 371
169: Existing district and maritime schemes to become district plans
This section amended s 373
170: Provisions deemed to be district rules
This section amended s 374
171: Transitional provisions for public utilities
This section amended s 375
172: Proceedings in relation to plans
This section amended s 378
173: Declarations
This section amended s 379
174: Return of property seized under Noise Control Act 1982
This section inserted s 382A
175: Existing permissions to allow use of beds of lakes and rivers
This section inserted s 383A
176: Existing permissions to become coastal permits
This section substituted s 384
177: Right of port companies to occupy coastal marine area
This section inserted s 384A
178: Existing clean air permissions to become discharge permits
This section amended s 385
179: Existing rights and authorities under Water and Soil Conservation Act 1967
This section amended s 386
180: Existing geothermal licences and authorisations deemed to be water permits
This section amended s 387
181: New sections substituted
This section substituted sections 389 390 sections 390A to 390D
182: Resource consents following approval under Clean Air Act 1972
This section inserted s 391A
183: Provisions of Clean Air Act 1972 may be considered on applications for resource consents for discharging contaminants into the air
This section amended s 392
184: Applications for Orders in Council to reclaim land and approval for harbour works
This section amended s 393
185: Repealing transitional provisions relating to setting aside of esplanade reserves on reclamation
This section repealed s 394
186: Applications for works, etc, in coastal marine area
This section amended s 395
187: Applications for marine farming in coastal marine area
This section amended s 396
188: Notification of lapsing, cancellation, or surrender of coastal permit for marine farming
This section inserted s 396A
189: Notification of rule change affecting marine farming
This section inserted s 396B
190: Applications received on same day
This section amended s 399
191: New sections substituted
This section substituted s 405 s 405A
192: Grounds of refusal of subdivision consent
This section amended s 406
193: Subdivision consent conditions
This section amended s 407
194: Financial contributions for developments
This section amended s 409
195: Restriction on imposition of conditions as to financial contributions
This section amended s 411
196: Expiry of certain sections
This section repealed s 412
197: Current mining privileges to become deemed permits
This section amended s 413
198: Permits over land other than that of holders to be produced in Land Transfer Office
This section amended s 417
199: Uses of lakes and rivers not restricted by
section 9 This section inserted s 417A
200: Certain existing permitted uses may continue
This section amended s 418
201: Designations and requirements continued
This section amended s 420
202: Savings as to bylaws
1: This subsection amended s 424
2: This subsection amended s 424 Subsection (1) repealed 2 September 1996 24(3) Resource Management Amendment Act 1996
203: Leases, licences, and other authorities under Harbours Act 1950
This section amended s 425
204: Functions and powers in respect of activities on or in Lake Taupo
This section inserted s 425A
205: Leases and licences executed under Marine Farming Act 1971
This section amended s 426
206: Deemed transfer of powers to former public bodies
This section amended s 427
207: Obligation to prepare proposed New Zealand coastal policy statement within 1 year
This section amended s 431
208: Obligation to prepare regional policy statements and coastal plans within 2 years
This section amended s 432
14: Other provisions
209: Interpretation and time limits
This section amended clause 1 of Schedule 1
210: Requirements to be inserted prior to notification of proposed district plans
This section amended clause 4 of Schedule 1 Subsection (2) repealed 17 December 1997 68(3) Resource Management Amendment Act 1997
211: Public notice and provision of document to public bodies
This section amended clause 5 of Schedule 1
212: New clauses substituted
This section substituted clauses 6, 7 and 8, and inserted clauses 8A to 8D, of Schedule 1
213: Recommendations and decisions on requirements
This section substituted clause 9 of Schedule 1
214: New clauses substituted
This section substituted clauses 10 and 11, and repealed clause 12, of Schedule 1
215: New clauses substituted
This section substituted clause 16, and inserted clauses 16A and 16B of Schedule 1
216: Final consideration of policy statements and plans other than regional coastal plans
This section amended clause 17 of Schedule 1
217: Consideration of regional coastal plan by regional council
This section amended clause 18 of Schedule 1
218: Ministerial approval of regional coastal plan
This section amended clause 19 of Schedule 1
219: Operative date
This section amended clause 20 of Schedule 1
220: New Part 2 of Schedule 1 substituted
This section substituted Part 2 (clauses 21 to 29) of Schedule 1
221: Matters relating to regions
This section added clause 7 of Part 1 of Schedule 2
222: Esplanade reserves and strips on reclamations
This section amended clause 1 of Part 2 of Schedule 2
223: Matters related to districts
This section amended clause 1 of Schedule 2
224: Creation of esplanade reserves or strips on subdivision of allotments
This section repealed clause 4, and substituted clause 5, of Part 2 of Schedule 2
225: Assessment of effects on environment
This section amended clause 1 of Schedule 4
226: Amendments to Part 1 of Schedule 8
This section amended Part 1 of Schedule 8 Subsection (4) repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
227: Amendment to Part 2 of Schedule 8
This section amended Part 2 of Schedule 8
228: New Schedule 10 added
This section inserted Schedule 10
229: Transitional regulations revoked
This section revoked the Regulations listed in Schedule 2
230: Transitional provisions
1: Where, on the commencement of this section,—
a: An application in relation to a resource consent (including a change or a review of conditions of an existing consent); or
b: A notice of requirement for a designation or heritage order; or
c: An application to become a requiring authority or heritage protection authority; or
d: A proposed policy statement, plan, change, or variation; or
e: An application for a water conservation order— has reached the stage of a hearing having commenced or a decision having been made, the principal Act shall continue to apply to those matters as if this Act had not been passed.
2: Where, before the commencement of this section, a hearing has been completed in relation to a matter specified in paragraphs (a) to (e) section 357
3: Where the hearing of an appeal or objection has, before the commencement of this section, been commenced in relation to a matter specified in paragraphs (a) to (e)
4: Where, before the commencement of this section, a decision or recommendation has been made in relation to any matter specified in paragraphs (a) to (e)
5: Where an appeal has been lodged or an objection has been made before the commencement of this section, but the hearing of that appeal or consideration of that objection has not commenced, or where an appeal is lodged or an objection is made within the time referred to in subsection (4)
6: Where, before the commencement of this section, an application for a subdivision consent has been made or a subdivision consent has been granted, all proceedings in relation to that subdivision, including the approval and deposit of any survey plan, shall be considered and completed under the principal Act as if this Act had not been passed.
7: Where, before the commencement of this section, any declaration or enforcement or abatement action under Part 12
8: Nothing in this section limits the ability of any person to withdraw that person's application, notice, or proposal and recommence the application, notice, or proposal under the principal Act as amended by this Act.
9: Nothing in this section limits the ability of any person to withdraw any objection or appeal.
10: For the purposes of this section, the term appeal Environment Court The words Environment Court in subsection (10) were substituted 2 September 1996 Planning Tribunal 6(2)(a) Resource Management Amendment Act 1996
231: Regulations validated
Any action taken or decision made under any regulation set out in Schedule 2 |
DLM311052 | 1993 | Consumer Guarantees Act 1993 | 1: Short Title and commencement
1: This Act may be cited as the Consumer Guarantees Act 1993.
2: This Act shall come into force on 1 April 1994.
1A: Purpose
1: The purpose of this Act is to contribute to a trading environment in which—
a: the interests of consumers are protected; and
b: businesses compete effectively; and
c: consumers and businesses participate confidently.
2: To this end, the Act provides that consumers have—
a: certain guarantees when acquiring goods or services from a supplier, including—
i: that the goods are reasonably safe and fit for purpose and are otherwise of an acceptable quality; and
ii: that the services are carried out with reasonable care and skill; and
b: certain rights of redress against suppliers and manufacturers if goods or services fail to comply with a guarantee. Section 1A inserted 18 December 2013 section 5 Consumer Guarantees Amendment Act 2013
2: Interpretation
1: In this Act, unless the context otherwise requires,— acquire
a: in relation to goods, means obtain by way of gift, purchase, or exchange; and also means take on lease, hire, or hire purchase:
b: in relation to services, includes accept business
a: any undertaking whether carried on for gain or reward or not; or
b: any undertaking in the course of which—
i: goods or services are acquired or supplied; or
ii: any interest in land is acquired or disposed of— whether free of charge or not consumer
a: acquires from a supplier goods or services of a kind ordinarily acquired for personal, domestic, or household use or consumption; and
b: does not acquire the goods or services, or hold himself or herself out as acquiring the goods or services, for the purpose of—
i: resupplying them in trade; or
ii: consuming them in the course of a process of production or manufacture; or
iii: in the case of goods, repairing or treating in trade other goods or fixtures on land express guarantee
a: the quality, performance, or characteristics of the goods; or
b: the provision of services that are or may at any time be required in respect of the goods; or
c: the supply of parts that are or may at any time be required for the goods; or
d: the future availability of identical goods, or of goods constituting or forming part of a set of which the goods in relation to which the undertaking, assertion, or representation is given or made form part— given or made in connection with the supply of the goods or in connection with the promotion by any means of the supply or use of the goods goods
a: means personal property of every kind (whether tangible or intangible), other than money and choses in action; and
b: includes—
i: goods attached to, or incorporated in, any real or personal property:
ii: ships, aircraft, and vehicles:
iii: animals, including fish:
iv: minerals, trees, and crops, whether on, under, or attached to land or not:
v: non-reticulated gas:
vi: to avoid doubt, water and computer software; but
c: despite paragraph (b)(i), does not include a whole building, or part of a whole building, attached to land unless the building is a structure that is easily removable and is not designed for residential accommodation line function services
a: in relation to gas, the meaning set out in section 2(1)
b: in relation to electricity, the meaning set out in section 2(1) manufacturer
a: any person that holds itself out to the public as the manufacturer of the goods:
b: any person that attaches its brand or mark or causes or permits its brand or mark to be attached, to the goods:
c: where goods are manufactured outside New Zealand and the foreign manufacturer of the goods does not have an ordinary place of business in New Zealand, a person that imports or distributes those goods ordinary place of business in New Zealand ownership person price security services
a: includes any rights (including rights in relation to, and interests in, personal property), benefits, privileges, or facilities that are, or are to be, provided, granted, or conferred by a supplier; and
b: includes (without limitation) the rights, benefits, privileges, or facilities that are, or are to be, provided, granted, or conferred by a supplier under any of the following classes of contract:
i: a contract for, or in relation to, the performance of work (including work of a professional nature), whether with or without the supply of goods:
ii: a contract for, or in relation to, the provision in trade of facilities for accommodation, amusement, the care of persons or animals or things, entertainment, instruction, parking, or recreation:
iii: a contract of insurance, including life assurance and life reassurance:
iv: a contract between a bank and a customer of the bank:
v: a contract for, or in relation to, the lending of money or granting of credit, or the making of arrangements for the lending of money or granting of credit, or the buying or discounting of a credit instrument, or the acceptance of deposits:
vi: a contract for, or in relation to, the supply of telecommunications or water, or the removal of waste water:
vii: a contract relating to (but not for) the supply of gas or electricity, other than line function services; but
c: does not include—
i: any rights, benefits, privileges, or facilities that are, or are to be, provided, granted, or conferred by a supplier by simply paying or crediting any money to the consumer without the performance of any other task (other than one that is merely incidental to the making of the payment or credit); and
ii: rights or benefits in the form of the supply of goods or the performance of work under a contract of service subsidiary sections 5 6 supplier
a: means a person who, in trade,—
i: supplies goods to a consumer by—
A: transferring the ownership or the possession of the goods under a contract of sale, exchange, lease, hire, or hire purchase to which that person is a party; or
B: transferring the ownership of the goods as the result of a gift from that person; or
C: transferring the ownership or possession of the goods as directed by an insurer; or
ii: supplies services to an individual consumer or a group of consumers (whether or not the consumer is a party, or the consumers are parties, to a contract with the person); and
b: includes,—
i: where the rights of the supplier have been transferred by assignment or by operation of law, the person for the time being entitled to those rights:
ii: a creditor within the meaning of the Credit Contracts and Consumer Finance Act 2003
iii: a person who, in trade, assigns or procures the assignment of goods to a creditor within the meaning of the Credit Contracts and Consumer Finance Act 2003
iv: a person (other than an auctioneer) who, in trade, is acting as an agent for another, whether or not that other is supplying in trade
c: supply
a: in relation to goods, means supply (or resupply) by way of gift, sale, exchange, lease, hire, or hire purchase; and
b: in relation to services, means provide, grant, or confer trade
2: In any case where it is necessary under this Act to determine the time at which a guarantee in this Act commences to apply,—
a: goods shall be treated as supplied at the time when the consumer acquires the right to possess the goods:
b: services shall be treated as supplied at the time when they are provided, granted, or conferred.
3: However, despite subsection (2), a guarantee under section 6 1971 No 147 s 2 1986 No 121 s 2 Trade Practices Act 1974 ss 4B, 74A(1), (3), (4) (Aust) Consumer Products Warranties Act 1977 s 2(h) (Saskatchewan) Section 2(1) goods substituted 8 July 2003 section 3 Consumer Guarantees Amendment Act 2003 Section 2(1) goods replaced 17 June 2014 section 6(1) Consumer Guarantees Amendment Act 2013 Section 2(1) line function services inserted 17 June 2014 section 6(2) Consumer Guarantees Amendment Act 2013 Section 2(1) services substituted 8 July 2003 section 3 Consumer Guarantees Amendment Act 2003 Section 2(1) services replaced 17 June 2014 section 6(3) Consumer Guarantees Amendment Act 2013 Section 2(1) services inserted 17 June 2014 section 6(3) Consumer Guarantees Amendment Act 2013 Section 2(1) subsidiary substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Section 2(1) supplier substituted 8 July 2003 section 3 Consumer Guarantees Amendment Act 2003 Section 2(1) supplier substituted 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003 Section 2(1) supplier substituted 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003 Section 2(1) supplier replaced 17 June 2014 section 6(4) Consumer Guarantees Amendment Act 2013 Section 2(1) supplier repealed 17 June 2014 section 6(5) Consumer Guarantees Amendment Act 2013 Section 2(3) inserted 17 June 2014 section 6(6) Consumer Guarantees Amendment Act 2013
3: Act to bind the Crown
This Act shall bind the Crown.
4: Act not a code
1: The rights and remedies provided in this Act are in addition to any other right or remedy under any other Act or rule of law unless the right or remedy is expressly or impliedly repealed or modified by this Act.
2: No provision of this Act shall be construed as repealing, invalidating, or superseding the provisions of any other Act unless this Act by express provision or by necessary implication clearly intends such a provision to be so construed. Consumer Products Warranties Act 1977 s 3 (Saskatchewan)
1: Guarantees in respect of supply of goods
5: Guarantees as to title
1: Subject to section 41
a: that the supplier has a right to sell the goods; and
b: that the goods are free from any undisclosed security; and
c: that the consumer has the right to undisturbed possession of the goods, except in so far as that right is varied pursuant to—
i: a term of the agreement for supply in any case where that agreement is a hire purchase agreement within the meaning of the Income Tax Act 2007
ii: a security, or a term of the agreement for supply, in respect of which the consumer has received—
A: oral advice, acknowledged in writing by the consumer, as to the way in which the consumer's right to undisturbed possession of the goods could be affected, sufficient to enable a reasonable consumer to understand the general nature and effect of the variation; and
B: a written copy of the agreement for supply or security, or a written copy of the part thereof which provides for the variation.
2: A reference in subsection (1)(a) to a right to sell
3: An undisclosed security
4: Nothing in subsection (1)(a) or (1)(b) shall apply in any case where the goods are only hired or leased.
5: Where the goods are only hired or leased, the guarantee set out in subsection (1)(c) shall confer a right to undisturbed possession of the goods only for the period of the hire or lease.
6: Part 2 1908 No 168 s 14 1971 No 147 s 11 Section 5(1)(c)(i) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
5A: Guarantee as to delivery
1: Where a supplier is responsible for delivering, or for arranging for the delivery of, goods to a consumer there is a guarantee that the goods will be received by the consumer—
a: at a time, or within a period, agreed between the supplier and the consumer; or
b: if no time or period has been agreed, within a reasonable time.
2: Where the delivery of the goods fails to comply with the guarantee under this section, Part 2
a: if the failure is of a substantial character, reject the goods under section 18(3)
b: in any case, obtain damages under section 18(4)
3: For the purposes of this section, the reference in section 20(1)(b)
4: A consumer’s rights of redress under Part 2 Section 5A inserted 17 June 2014 section 7 Consumer Guarantees Amendment Act 2013
6: Guarantee as to acceptable quality
1: Subject to section 41
2: Where the goods fail to comply with the guarantee in this section,—
a: Part 2
b: Part 3 1908 No 168 s 16(b) 1971 No 147 s 12 Consumer Products Warranties Act 1977 s 11(4), (7) (Saskatchewan)
7: Meaning of acceptable quality
1: For the purposes of section 6 acceptable quality
a: fit for all the purposes for which goods of the type in question are commonly supplied; and
b: acceptable in appearance and finish; and
c: free from minor defects; and
d: safe; and
e: durable,— as a reasonable consumer fully acquainted with the state and condition of the goods, including any hidden defects, would regard as acceptable, having regard to—
f: the nature of the goods:
g: the price (where relevant):
h: any statements made about the goods on any packaging or label on the goods:
ha: the nature of the supplier and the context in which the supplier supplies the goods:
i: any representation made about the goods by the supplier or the manufacturer:
j: all other relevant circumstances of the supply of the goods.
2: Where any defects in goods have been specifically drawn to the consumer's attention before he or she agreed to the supply, then notwithstanding that a reasonable consumer may not have regarded the goods as acceptable with those defects, the goods will not fail to comply with the guarantee as to acceptable quality by reason only of those defects.
3: Where goods are displayed for sale or hire, the defects that are to be treated as having been specifically drawn to the consumer's attention for the purposes of subsection (2) are those disclosed on a written notice displayed with the goods.
4: Goods will not fail to comply with the guarantee of acceptable quality if—
a: the goods have been used in a manner, or to an extent which is inconsistent with the manner or extent of use that a reasonable consumer would expect to obtain from the goods; and
b: the goods would have complied with the guarantee of acceptable quality if they had not been used in that manner or to that extent.
5: A reference in subsections (2) and (3) to a defect means any failure of the goods to comply with the guarantee of acceptable quality. Consumer Products Warranties Act 1977 ss 2(a), 34 (Saskatchewan) Section 7(1)(ha) inserted 17 June 2014 section 8 Consumer Guarantees Amendment Act 2013
7A: Guarantee of acceptable quality in supply of gas and electricity
1: There is a guarantee that the supply of gas by a gas retailer, and the supply of electricity by an electricity retailer, to a consumer is of an acceptable quality.
2: The guarantee of acceptable quality is a guarantee that—
a: the supply of gas or electricity is as safe as a reasonable consumer would expect it to be; and
b: the supply of gas or electricity to a place is as reliable as a reasonable consumer would expect a supply to that place to be; and
c: the quality of the gas or electricity supplied is such that it can be consistently used for the things that a reasonable consumer would expect to use gas or electricity for.
3: When determining what a reasonable consumer would expect, it is assumed that the consumer has considered—
a: that the supply of gas or electricity may be affected by emergencies, or other events or circumstances, outside the control of the retailer or any other person involved in the supply of gas or electricity; and
b: that the supply of gas or electricity may be interrupted for safety, maintenance, or other technical reasons; and
c: that the quality of gas or electricity supplied may fluctuate, but that fluctuations are acceptable only within tolerances permitted by gas and electricity safety regulations; and
d: that the reliability and quality of the supply of gas or electricity may vary depending on the location of the place to which the gas or electricity is supplied; and
e: that reliability and quality of supply may be related to price.
4: The supply of gas or electricity will not fail to comply with the guarantee of acceptable quality—
a: if the gas or electricity has been used by the consumer in an unreasonable manner or to an unreasonable extent, and the supply of gas or electricity would have complied with the guarantee of acceptable quality if it had not been used in that manner or to that extent; or
b: if, in a case where the quality and reliability of supply by a gas or electricity retailer to a particular consumer is likely to be significantly worse than the quality and reliability of supply that generally applies to gas or electricity supplied by the retailer,—
i: the retailer or the person supplying line function services has specifically explained to the consumer the ways in which the supply is likely to be significantly worse; and
ii: the consumer has accepted the supply on that basis, even if an otherwise reasonable consumer may not regard that supply as acceptable.
5: In this section and section 7B electricity retailer Electricity Industry Act 2010 gas retailer Gas Act 1992 Section 7A inserted 17 June 2014 section 9 Consumer Guarantees Amendment Act 2013
7B: Relationship of section 7A with rest of Act
1: For the purposes of this Act, except as described in this section, gas (other than non-reticulated gas) and electricity are not to be treated as being goods, and the supply of gas or electricity by retailers is not to be treated as the supply of a service.
2: If the supply of gas or electricity fails to comply with the guarantee of acceptable quality in section 7A Part 2
3: For the purpose of applying the provisions of Part 5
4: To avoid doubt, the guarantee provided by section 7A Section 7B inserted 17 June 2014 section 9 Consumer Guarantees Amendment Act 2013
8: Guarantees as to fitness for particular purpose
1: Subject to section 41
a: that the goods are reasonably fit for any particular purpose that the consumer makes known, expressly or by implication, to the supplier as the purpose for which the goods are being acquired by the consumer; and
b: that the goods are reasonably fit for any particular purpose for which the supplier represents that they are or will be fit.
2: Those guarantees do not apply where the circumstances show that—
a: the consumer does not rely on the supplier's skill or judgment; or
b: it is unreasonable for the consumer to rely on the supplier's skill or judgment.
3: This section applies whether or not the purpose is a purpose for which the goods are commonly supplied.
4: Part 2 1908 No 168 s 16(a) 1971 No 147 s 13
9: Guarantee that goods comply with description
1: Subject to section 41
2: A supply of goods is not prevented from being a supply by description by reason only that, being exposed for sale or hire, they are selected by a consumer.
3: If the goods are supplied by reference to a sample or demonstration model as well as by description, the guarantees in this section and in section 10
4: Where the goods fail to comply with the guarantee in this section,—
a: Part 2
b: Part 3 1908 No 168 s 15 1971 No 147 s 14(2) Trade Practices Act 1974 s 70(2) (Aust)
10: Guarantee that goods comply with sample
1: Subject to section 41
a: that the goods correspond with the sample or demonstration model in quality; and
b: that the consumer will have a reasonable opportunity to compare the goods with the sample.
2: If the goods are supplied by reference to a sample or demonstration model as well as by description, the guarantees in this section and section 9
3: Part 2 1908 No 168 s 17 1971 No 147 s 14(1)
11: Guarantee as to price
1: Subject to section 41
a: determined by the contract; nor
b: left to be determined in a manner agreed by the contract; nor
c: left to be determined by the course of dealing between the parties.
2: Where there is a failure to comply with the guarantee in this section, the consumer's right of redress is to refuse to pay more than a reasonable price.
3: Nothing in Part 2 1908 No 168 s 10 Supply of Goods and Services Act 1982 s 15 (UK)
12: Guarantee as to repairs and spare parts
1: Subject to sections 41 42
2: Part 3 Trade Practices Act 1974 s 74F(1) (Aust) Consumer Products Warranties Act 1977 s 11(8) (Saskatchewan)
13: Express guarantees
1: Where goods are supplied to a consumer, this Act applies to any express guarantee given by a manufacturer of the goods which is binding on the manufacturer in accordance with section 14
2: Part 3 General provisions
14: Provisions relating to manufacturers' express guarantees
1: An express guarantee given by a manufacturer in a document in respect of goods binds the manufacturer where the document is given to a consumer with the actual or apparent authority of the manufacturer in connection with the supply by a supplier of those goods to the consumer.
2: An express guarantee which is included in a document relating to goods and which appears to have been made by the manufacturer of the goods shall in the absence of proof to the contrary be presumed to have been made by the manufacturer.
3: Proof that a consumer was given a document containing express guarantees by a manufacturer in respect of goods in connection with the supply of those goods to the consumer shall, in the absence of proof to the contrary, constitute proof that the document was given to the consumer with the authority of the manufacturer. Trade Practices Act 1974 s 74G (Aust)
15: Contracts of work and materials
The guarantees in this Part apply whether or not the goods are supplied in connection with a service.
2: Right of redress against suppliers in respect of supply of goods
Right of redress against suppliers
16: Circumstances where consumers have right of redress against suppliers
This Part gives a consumer a right of redress against a supplier of goods where the goods fail to comply with any guarantee set out in any of sections 5 to 10
17: Exception in respect of guarantee as to acceptable quality
Notwithstanding section 16
a: the manufacturer, or a servant or agent of the manufacturer, makes a representation in respect of goods (otherwise than a statement on any packaging or label); and
b: the goods would have complied with the guarantee of acceptable quality if that representation had not been made,— there shall be no right of redress against the supplier under this Act in respect of the failure of the goods to comply with the guarantee of acceptable quality. Remedies
18: Options against suppliers where goods do not comply with guarantees
1: Where a consumer has a right of redress against the supplier in accordance with this Part in respect of the failure of any goods to comply with a guarantee, the consumer may exercise the following remedies.
2: Where the failure can be remedied, the consumer may—
a: require the supplier to remedy the failure within a reasonable time in accordance with section 19
b: where a supplier who has been required to remedy a failure refuses or neglects to do so, or does not succeed in doing so within a reasonable time,—
i: have the failure remedied elsewhere and obtain from the supplier all reasonable costs incurred in having the failure remedied; or
ii: subject to section 20 section 22
3: Where the failure cannot be remedied or is of a substantial character within the meaning of section 21
a: subject to section 20 section 22
b: obtain from the supplier damages in compensation for any reduction in value of the goods below the price paid or payable by the consumer for the goods.
4: In addition to the remedies set out in subsection (2) and subsection (3), the consumer may obtain from the supplier damages for any loss or damage to the consumer resulting from the failure (other than loss or damage through reduction in value of the goods) which was reasonably foreseeable as liable to result from the failure. Consumer Products Warranties Act 1977 s 20(1) (Saskatchewan)
19: Requirement to remedy
1: A supplier may comply with a requirement to remedy a failure of any goods to comply with a guarantee—
a: by—
i: repairing the goods (in any case where the failure does not relate to title); or
ii: curing any defect in title (in any case where the failure relates to title); or
b: by replacing the goods with goods of identical type; or
c: where the supplier cannot reasonably be expected to repair the goods, by providing a refund of any money paid or other consideration provided by the consumer in respect of the goods.
2: Where a consumer obtains goods to replace defective goods pursuant to subsection (1), the replacement goods shall, for the purposes of this Act, be deemed to be supplied by the supplier and the guarantees and obligations arising under this Act consequent upon a supply of goods to a consumer shall apply to the replacement goods.
3: A refund referred to in subsection (1)(c) means a refund in cash of the money paid or the value of any other consideration provided, or both, as the case may require. Provisions relating to rejection of goods
20: Loss of right to reject goods
1: The right to reject goods conferred by this Act shall not apply if—
a: the right is not exercised within a reasonable time within the meaning of subsection (2); or
b: the goods have been disposed of by the consumer, or have been lost or destroyed while in the possession of a person other than the supplier or an agent of the supplier; or
c: the goods were damaged after delivery to the consumer for reasons not related to their state or condition at the time of supply; or
d: the goods have been attached to or incorporated in any real or personal property and they cannot be detached or isolated without damaging them.
2: In subsection (1)(a), the term reasonable time
a: the type of goods:
b: the use to which a consumer is likely to put them:
c: the length of time for which it is reasonable for them to be used:
d: the amount of use to which it is reasonable for them to be put before the defect becomes apparent.
3: This section applies notwithstanding section 170 Consumer Products Warranties Act 1977 s 20(2), (3) (Saskatchewan) Section 20(3) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017
21: Failure of substantial character
For the purposes of section 18(3)
a: the goods would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure; or
b: the goods depart in 1 or more significant respects from the description by which they were supplied or, where they were supplied by reference to a sample or demonstration model, from the sample or demonstration model; or
c: the goods are substantially unfit for a purpose for which goods of the type in question are commonly supplied or, where section 8(1)
d: the goods are not of acceptable quality within the meaning of section 7
22: Manner of rejecting goods
1: The consumer shall exercise the right to reject goods under this Act by notifying the supplier of the decision to reject the goods and of the ground or grounds for rejection.
2: Where the consumer exercises the right to reject goods, the consumer shall return the rejected goods to the supplier—
a: unless,—
i: because of the nature of the failure to comply with the guarantee in respect of which the consumer has the right to reject the goods; or
ii: because of the size or height or method of attachment,— the goods cannot be returned or removed or transported without significant cost to the consumer, in which case the supplier shall collect the goods at the expense of the supplier; or
b: unless the goods have already been returned to, or retrieved by, the supplier.
3: Where the ownership in the goods has passed to the consumer before the consumer exercises the right of rejection, the ownership in the goods revests in the supplier upon notification of rejection. Trade Practices Act 1974 s 75A (Aust) Consumer Products Warranties Act 1977 ss 18, 22, 23 (Saskatchewan)
23: Consumers' options of refund or replacement
1: Where the consumer exercises the right to reject goods, the consumer may choose to have either—
a: a refund of any money paid or other consideration provided by the consumer in respect of the rejected goods; or
b: goods of the same type and of similar value to replace the rejected goods, where such goods are reasonably available to the supplier as part of the stock of the supplier,— and the supplier shall make provision accordingly.
2: A refund referred to in subsection (1)(a) means a refund in cash of the money paid or the value of any other consideration provided, or both, as the case may require.
3: The obligation to refund cannot be satisfied by permitting the consumer to acquire goods from the supplier.
4: Where a consumer obtains goods to replace rejected goods pursuant to subsection (1)(b), the replacement goods shall, for the purposes of this Act, be deemed to be supplied by the supplier, and the guarantees and obligations arising under this Act consequent upon a supply of goods to a consumer shall apply to the replacement goods.
23A: Goods subject to collateral credit agreement
1: This section applies if—
a: a consumer acquires goods under a contract for the supply of goods; and
b: the contract is associated with a collateral credit agreement; and
c: the supplier is a party to the contract; and
d: the consumer exercises the right to reject the goods under this Act.
2: A court or the Disputes Tribunal
3: In this section,— collateral credit agreement
a: is arranged or procured by the supplier of the goods; and
b: is for the provision of credit by a person other than the supplier to enable the consumer to pay, or defer payment, for the goods supplier Credit Contracts and Consumer Finance Act 2003 Section 23A inserted 18 December 2013 section 10 Consumer Guarantees Amendment Act 2013 Section 23A(2) amended 1 March 2017 section 261 District Court Act 2016
24: Rights of donees
Where a consumer acquires goods from a supplier and gives them to another person as a gift, that person may, subject to any defence which would be available to the supplier against the consumer, exercise any rights or remedies under this Part which would be available to that person if he or she had acquired the goods from the supplier, and any reference in this Part to a consumer shall include a reference to that person accordingly. Consumer Products Warranties Act 1977 s 4 (Saskatchewan)
3: Right of redress against manufacturers in respect of supply of goods
Right of redress against manufacturers
25: Circumstances where consumers have right of redress against manufacturers
This Part gives a consumer a right of redress against a manufacturer of goods where—
a: the goods fail to comply with the guarantee as to acceptable quality set out in section 6
b: the goods fail to comply with the guarantee as to correspondence with description set out in section 9
c: the goods fail to comply with the guarantee as to repairs and parts set out in section 12
d: the goods fail, during the currency of the guarantee, to comply with any express guarantee given by the manufacturer that is binding on the manufacturer in accordance with section 14
26: Exceptions to right of redress against manufacturers
Notwithstanding section 25
a: fail to comply with the guarantee of acceptable quality only because of—
i: an act or default or omission of, or any representation made by, any person other than the manufacturer or a servant or agent of the manufacturer; or
ii: a cause independent of human control, occurring after the goods have left the control of the manufacturer; or
iii: the price charged by the supplier being higher than the manufacturer's recommended retail price or the average retail price:
b: fail to correspond with the guarantee as to correspondence with description because of—
i: an act or default or omission of a person other than the manufacturer or a servant or agent of the manufacturer; or
ii: a cause independent of human control, occurring after the goods have left the control of the manufacturer. Remedies
27: Options against manufacturers where goods do not comply with guarantees
1: Subject to subsection (3), where a consumer has a right of redress against a manufacturer in accordance with this Part, the consumer, or any person who acquires the goods from or through the consumer, may obtain damages from the manufacturer—
a: subject to subsection (2), for any reduction in the value of the goods resulting from the failure—
i: below the price paid or payable by the consumer for the goods; or
ii: below the average retail price of the goods at the time of supply,— whichever price is lower:
b: for any loss or damage to the consumer or that other person resulting from the failure (other than loss or damage through a reduction in value of the goods) which was reasonably foreseeable as liable to result from the failure.
2: Subject to subsection (3), where the consumer, or any person who acquires the goods from or through the consumer, is entitled by an express guarantee given by the manufacturer to require the manufacturer to remedy the failure by—
a: repairing the goods; or
b: replacing the goods with goods of identical type,— no action shall be commenced under subsection (1)(a) unless the consumer or that other person has required the manufacturer to remedy the failure and the manufacturer—
c: has either refused or neglected to remedy the failure; or
d: has not succeeded in remedying the failure within a reasonable time.
3: This section shall not apply to any person who acquires goods from or through a consumer unless that person comes within the terms of paragraph (b) of the definition of consumer in section 2
4: Supply of services
28: Guarantee as to reasonable care and skill
Subject to section 41 Trade Practices Act 1974 s 74(1) (Aust) Supply of Goods and Services Act 1982 s 13 (UK)
29: Guarantee as to fitness for particular purpose
Subject to section 41
a: reasonably fit for any particular purpose; and
b: of such a nature and quality that it can reasonably be expected to achieve any particular result,— that the consumer makes known to the supplier, before or at the time of the making of the contract for the supply of the service, as the particular purpose for which the service is required or the result that the consumer desires to achieve, as the case may be, except where the circumstances show that—
c: the consumer does not rely on the supplier's skill or judgment; or
d: it is unreasonable for the consumer to rely on the supplier's skill or judgment. Trade Practices Act 1974 s 74(2) (Aust)
30: Guarantee as to time of completion
Subject to section 41
a: fixed by the contract; nor
b: left to be fixed in a manner agreed by the contract; nor
c: left to be determined by the course of dealing between the parties. Supply of Goods and Services Act 1982 s 14 (UK)
31: Guarantee as to price
1: Subject to section 41
a: determined by the contract; nor
b: left to be determined in a manner agreed by the contract; nor
c: left to be determined by the course of dealing between the parties.
2: Where there is a failure to comply with the guarantee in this section, the consumer's right of redress is to refuse to pay more than a reasonable price.
3: Nothing in this Part confers any other right of redress. 1908 No 168 s 10 Supply of Goods and Services Act 1982 s 15 (UK) Right of redress against suppliers where services fail to comply with guarantees
32: Options of consumers where services do not comply with guarantees
Where a service supplied to a consumer fails to comply with a guarantee set out in any of sections 28 to 30
a: where the failure can be remedied,—
i: require the supplier to remedy it within a reasonable time:
ii: where a supplier who has been required to remedy a failure refuses or neglects to do so, or does not succeed in doing so within a reasonable time,—
A: have the failure remedied elsewhere and recover from the supplier all reasonable costs incurred in having the failure remedied; or
B: subject to section 35 section 37
b: where the failure cannot be remedied or is of a substantial character within the meaning of section 36
i: subject to section 35 section 37
ii: obtain from the supplier damages in compensation for any reduction in value of the product of a service below the charge paid or payable by the consumer for the service:
c: in addition to the remedies set out in paragraphs (a) and (b), obtain from the supplier damages for any loss or damage to the consumer resulting from the failure (other than loss or damage through reduction in value of the product of the service) which was reasonably foreseeable as liable to result from the failure. Section 32(b)(i) substituted 8 July 2003 section 4 Consumer Guarantees Amendment Act 2003
33: Exceptions to right of redress against supplier in relation to services
Notwithstanding section 32 section 29 section 30
a: an act or default or omission of, or any representation made by, any person other than the supplier or a servant or agent of the supplier; or
b: a cause independent of human control.
34: Contracts of work and materials
Nothing in section 32 Part 2 Part 3 Provisions relating to cancellation
35: Application of right to cancel contract
Where the service to be supplied under the contract is merely incidental to the supply of goods, the consumer cannot cancel the contract under this Act if he or she has or had the right to reject the goods under section 18
36: Failure of substantial character
For the purposes of section 32(b)
a: the services would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure; or
b: the product of the service is substantially unfit for a purpose for which services of the type in question are commonly supplied and the product cannot easily and within a reasonable time be remedied to make it fit for the purpose; or
c: where section 29
d: the product of the service is unsafe.
37: Rules applying to cancellation
1: The cancellation by a consumer of a contract for the supply of a service shall not take effect—
a: before the time at which the cancellation is made known to the supplier; or
b: where it is not reasonably practicable to communicate with the supplier, before the time at which the consumer indicates, by means which are reasonable in the circumstances, his or her intention to cancel the contract.
2: Subject to subsection (3), the cancellation may be made known by words, or by conduct indicating an intention to cancel, or both, and it shall not be necessary to use any particular form of words, so long as the intention to cancel is made known.
3: Where it is reasonably practicable to communicate with the supplier, subsection (2) shall take effect subject to any provision in the contract for the supply of a service requiring notice of cancellation in writing. 1979 No 11 s 8(1), (2)
38: Effects of cancellation
1: Where a consumer cancels a contract for the supply of services under this Act,—
a: the consumer shall be entitled to recover from the supplier a refund of any money paid or other consideration provided in respect of the services unless a court or the Disputes Tribunal
b: so far as the contract has been performed at the time of the cancellation, no party shall, by reason of the cancellation, be divested of any property transferred or money paid pursuant to the contract, except as otherwise provided in paragraph (a):
c: so far as the contract remains unperformed at the time of the cancellation, no party shall be obliged or entitled to perform it further.
2: Nothing in subsection (1) shall affect—
a: the right of a party to recover damages in respect of a misrepresentation or the repudiation or breach of the contract by another party; or
b: the right of the consumer to recover damages under section 32(b)(ii) or 32(c)
c: the right of the consumer under this Act to reject goods supplied in connection with the service. 1979 No 11 s 8(3), (4) Section 38(1)(a) amended 1 March 2017 section 261 District Court Act 2016
39: Ancillary power of court or Disputes Tribunal to grant relief
1: Where a consumer cancels under this Act a contract for the supply of services, a court or the Disputes Tribunal
2: An order under this section may—
a: vest in any party to the proceedings the whole or any part of any real or personal property that was the subject of the contract or was the whole or part of the consideration for it:
b: direct any party to the proceedings to transfer or assign to any other such party or to give him or her the possession of the whole or any part of any real or personal property that was the subject of the contract or was the whole or part of the consideration for it:
c: without prejudice to any right to recover damages, direct any party to the proceedings to pay to any other such party such sum as the court or Tribunal thinks just:
d: direct any party to the proceedings to do or refrain from doing in relation to any other party any act or thing as the court or Tribunal thinks just:
e: permit a supplier to retain the whole or part of any money paid or other consideration provided in respect of the services under the contract.
3: Any such order, or any provision of it, may be made upon and subject to such terms and conditions as the court or the Tribunal thinks fit, not being in any case a term or condition that would have the effect of preventing a claim for damages by any party.
4: In considering whether to make an order under this section, and in considering the terms of any order it proposes to make, the court or Tribunal shall have regard to—
a: any benefit or advantage obtained by the consumer by reason of anything done by the supplier in or for the purpose of supplying the service; and
b: the value, in the opinion of the court or Tribunal, of any work or services performed by the supplier in or for the purpose of supplying the service; and
c: any expenditure incurred by the consumer or the supplier in or for the purpose of the performance of the service; and
d: the extent to which the supplier or the consumer was or would have been able to perform the contract in whole or in part; and
e: such other matters as the court or the Tribunal thinks fit.
5: No order shall be made under subsection (2)(a) that would have the effect of depriving a person, not being a party to the contract, of the possession of or any estate or interest in any property acquired by him or her in good faith and for valuable consideration.
6: No order shall be made under this section in respect of any property if any party to the contract has so altered his or her position in relation to the property, whether before or after the cancellation of the contract, that, having regard to all relevant circumstances, it would in the opinion of the court or Tribunal be inequitable to any party to make such an order.
7: An application for an order under this section may be made by—
a: the consumer; or
b: the supplier; or
c: any person claiming through or under the consumer or the supplier; or
d: any other person if it is material for him or her to know whether relief under this section will be granted. 1979 No 11 s 9 Section 39(1) amended 1 March 2017 section 261 District Court Act 2016
39A: Services subject to collateral credit agreement
1: This section applies if—
a: a consumer acquires services under a contract for the supply of services; and
b: the contract is associated with a collateral credit agreement; and
c: the supplier is a party to the contract; and
d: the consumer exercises the right to cancel the contract for the supply of the services under this Act.
2: A court or the Disputes Tribunal
3: In this section,— collateral credit agreement
a: is arranged or procured by the supplier of the services; and
b: is for the provision of credit by a person other than the supplier to enable the consumer to pay, or defer payment, for the services supplier Credit Contracts and Consumer Finance Act 2003
4: This section does not limit section 39 Section 39A inserted 18 December 2013 section 11 Consumer Guarantees Amendment Act 2013 Section 39A(2) amended 1 March 2017 section 261 District Court Act 2016
40: Saving
Nothing in this Part limits or affects—
a: any rule of law or any enactment which imposes on the supplier a duty stricter than that imposed by this Part; or
b: any rule of law whereby any term not inconsistent with this Part is to be implied in a contract for the supply of a service; or
c: any enactment which defines or restricts the rights, duties, or liabilities arising in connection with a service of any description; or
d: any rule of law or any enactment relating to contracts of employment or contracts of apprenticeship; or
e: any rule of law conferring immunity from suit on a barrister or solicitor for work done in the course of, or in connection with, proceedings before any court or Tribunal.
5: Miscellaneous provisions
Exceptions
41: Exceptions
1: Nothing in this Act shall apply in any case where goods or services are supplied otherwise than in trade.
2: Nothing in this Act shall give any person a right of redress against a charitable organisation in any case where goods or services are supplied by the charitable organisation for the principal purpose of benefiting the person to whom the supply is made.
3: Section 41(3) repealed 17 June 2014 section 12 Consumer Guarantees Amendment Act 2013
42: Exception in respect of repairs and parts
1: Section 12
2: Where reasonable action is taken to notify the consumer who first acquires the goods from a supplier in New Zealand, at or before the time the goods are supplied, that the manufacturer does not undertake that repair facilities and parts will be available for those goods after the expiration of a specified period, section 12 Trade Practices Act 1974 s 74F(2), (3) (Aust)
43: No contracting out except for business transactions
1: Subject to this section and to sections 40 41 43A
2: However, despite subsection (1), parties to an agreement may include a provision in their agreement to the effect that the provisions of this Act will not apply to that agreement, provided that—
a: the agreement is in writing; and
b: the goods or services are, or (in connection only with the guarantee of acceptable quality in section 7A
c: all parties to the agreement—
i: are in trade; and
ii: agree to contract out of the provisions of this Act; and
d: it is fair and reasonable that the parties are bound by the provision in the agreement.
2A: If, in any case, a court is required to decide what is fair and reasonable for the purposes of subsection (2)(d), the court must take account of all the circumstances of the agreement, including—
a: the subject matter of the agreement; and
b: the value of the goods, services, gas, or electricity (as relevant); and
c: the respective bargaining power of the parties, including—
i: the extent to which a party was able to negotiate the terms of the agreement; and
ii: whether a party was required to either accept or reject the agreement on the terms and conditions presented by another party; and
d: whether all or any of the parties received advice from, or were represented by, a lawyer, either at the time of the negotiations leading to the agreement or at any other relevant time.
3: Section 197
4: Every supplier and every manufacturer commits an offence against section 13(i) or section 43A
5: Where an agreement of the kind described in subsection (2) excludes any provision of this Act, the benefit of the exclusion shall be deemed to be conferred on any manufacturer of the goods supplied under the agreement, as well as on the supplier of those goods.
6: Nothing in subsection (1) shall limit or affect any term in an agreement in writing between a supplier and a consumer to the extent that the term—
a: imposes a stricter duty on the supplier than that imposed by this Act; or
b: provides a remedy more advantageous to the consumer than the remedies provided by this Act.
7: Nothing in subsection (1) prevents a consumer who has a claim under this Act from agreeing to settle or compromise that claim. 1971 No 147 s 51 Section 43(1) amended 8 July 2003 section 5(1) Consumer Guarantees Amendment Act 2003 Section 43(2) replaced 17 June 2014 section 13 Consumer Guarantees Amendment Act 2013 Section 43(2A) inserted 17 June 2014 section 13 Consumer Guarantees Amendment Act 2013 Section 43(3) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 43(4) amended 8 July 2003 section 5(2) Consumer Guarantees Amendment Act 2003
43A: Exclusion of liability in favour of non-contracting supplier
1: An agreement of the kind referred to in section 43(2)
2: The non-contracting supplier has the benefit of the exclusion. Section 43A inserted 8 July 2003 section 6 Consumer Guarantees Amendment Act 2003 General provisions
44: Assessment of damages in case of hire purchase agreements
The damages that a consumer may recover for a failure of goods supplied under a hire purchase agreement to comply with a guarantee set out in this Act shall be assessed, in the absence of evidence to the contrary, on the basis that the consumer will complete the purchase of the goods or would have completed that purchase if the goods had complied with the guarantee. 1971 No 147 s 15
45: Liability for representations
1: Where goods assigned or procured to be assigned to the supplier by a person acting in trade (in this section referred to as the dealer
a: as against the supplier, subject to section 46
b: as against the dealer who made the representation and any person on whose behalf the dealer was acting in making it, the same rights against any or all of them personally as the consumer would have had under this Act if that person had supplied the goods to the consumer as a result of the negotiations.
2: Without prejudice to any other rights or remedies to which a supplier may be entitled, a supplier shall be entitled, where the representation was made without his or her express or implied authority, to be indemnified by the dealer who made the representation and by any person on whose behalf the dealer was acting in making it, against any damage suffered by the supplier through the operation of subsection (1). 1971 No 147 s 17
46: Liability of assignees and
creditors
1: The liability under this Act of an assignee of the rights of a supplier under a contract of supply shall not exceed the amount owing by the consumer under the contract at the date of the assignment.
2: The liability under this Act of a creditor
3: Where the assignee referred to in subsection (1), or the creditor creditor
4: No assignment of the rights under a contract of supply shall affect the exercise of any right or remedy given by this Act against the supplier. 1971 No 147 s 18 Section 46 heading amended 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003 Section 46(2) amended 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003 Section 46(3) amended 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003
46A: Indemnification of gas and electricity retailers
1: This section applies if—
a: there has been a failure of the acceptable quality guarantee in section 7A
i: by the retailer; or
ii: if the retailer does not make a determination or if the retailer's determination is challenged, by the dispute resolution scheme following a complaint made under section 43EA section 95
iii: by a court or the Disputes Tribunal the Disputes Tribunal
b: the failure of acceptable quality was wholly or partly the result of an event, circumstance, or condition associated with—
i: a gas pipeline or other equipment that was, at the time of the failure, the responsibility of a person then supplying line function services (a responsible party
ii: electricity lines or other equipment that was, at the time of the failure, the responsibility of a person (including Transpower (as defined in the Electricity Industry Act 2010 responsible party
c: the failure was not a result of a person involved in the supply complying with a rule or order with which it was legally obliged to comply; and
d: the failure was not a result of action taken by Transpower in its capacity as system operator under the Electricity Industry Act 2010
e: the consumer obtains a remedy under Part 2
f: that remedy is a cost to the retailer (a remedy cost
2: If this section applies, a retailer that has incurred remedy costs is entitled to be indemnified for those costs by the responsible party or responsible parties.
3: The amount of a responsible party's liability under the indemnity is limited to the proportion of the remedy costs that is attributable to the events, circumstances, or conditions associated with the gas pipelines, electricity lines, or other equipment that the responsible party was responsible for at the time of the failure.
4: However,—
a: if a responsible party pays compensation to a consumer ( payment A
b: if the retailer incurs remedy costs in relation to that consumer for a failure of acceptable quality that arose from the same event, circumstance, or condition that led to the payment of payment A; then
c: the amount that the retailer would otherwise recover from the responsible party in respect of that consumer must be reduced by the amount of payment A.
5: Disputes between gas or electricity retailers and responsible parties relating to the existence or allocation of liability under the indemnity may be dealt with by the dispute resolution scheme referred to,—
a: in the case of gas, in section 43E
b: in the case of electricity, in section 95 Section 46A inserted 17 June 2014 section 14 Consumer Guarantees Amendment Act 2013 Section 46A(1)(a)(iii) amended 1 March 2017 section 261 District Court Act 2016
47: Jurisdiction
1: Any court of competent jurisdiction, and the Disputes Tribunal established under section 4 section 23A 39
2: In this section, court of competent jurisdiction
a: the High Court:
b: the District Court
i: a claim referred to in subsection (1) does not exceed $350,000
ii: an order under section 23A 39
3: The District Court section 23A 39
a: require a person to pay an amount exceeding $350,000
b: vest any property exceeding $350,000
c: direct the transfer or assignment or delivery of possession of any property exceeding $350,000
d: permit a supplier to retain any money paid or other consideration provided in excess of an aggregate value of $350,000
4: The Disputes Tribunal $30,000
5: The Disputes Tribunal section 23A 39
a: require a person to pay an amount exceeding $30,000
b: vest any property exceeding $30,000
c: direct the transfer or assignment or delivery of possession of any property exceeding $30,000
d: permit a supplier to retain any money paid or other consideration provided in excess of an aggregate value of $30,000
6: Section 47(1) amended 1 March 2017 section 261 District Court Act 2016 Section 47(1) amended 18 December 2013 section 15(2) Consumer Guarantees Amendment Act 2013 Section 47(2)(b) amended 1 March 2017 section 261 District Court Act 2016 Section 47(2)(b)(i) amended 1 March 2017 section 261 District Court Act 2016 Section 47(2)(b)(ii) amended 18 December 2013 section 15(2) Consumer Guarantees Amendment Act 2013 Section 47(3) amended 1 March 2017 section 261 District Court Act 2016 Section 47(3) amended 18 December 2013 section 15(2) Consumer Guarantees Amendment Act 2013 Section 47(3)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 47(3)(b) amended 1 March 2017 section 261 District Court Act 2016 Section 47(3)(c) amended 1 March 2017 section 261 District Court Act 2016 Section 47(3)(d) amended 1 March 2017 section 261 District Court Act 2016 Section 47(4) amended 29 October 2019 section 340(2) Tribunals Powers and Procedures Legislation Act 2018 Section 47(4) amended 1 March 2017 section 261 District Court Act 2016 Section 47(5) amended 29 October 2019 section 340(2) Tribunals Powers and Procedures Legislation Act 2018 Section 47(5) amended 1 March 2017 section 261 District Court Act 2016 Section 47(5) amended 18 December 2013 section 15(2) Consumer Guarantees Amendment Act 2013 Section 47(5)(a) amended 29 October 2019 section 340(2) Tribunals Powers and Procedures Legislation Act 2018 Section 47(5)(b) amended 29 October 2019 section 340(2) Tribunals Powers and Procedures Legislation Act 2018 Section 47(5)(c) amended 29 October 2019 section 340(2) Tribunals Powers and Procedures Legislation Act 2018 Section 47(5)(d) amended 29 October 2019 section 340(2) Tribunals Powers and Procedures Legislation Act 2018 Section 47(6) repealed 29 October 2019 section 340(2) Tribunals Powers and Procedures Legislation Act 2018 Amendment to Sale of Goods Act 1908
48: Exclusion where Consumer Guarantees Act 1993 applies
Amendment(s) incorporated in the Act(s) Amendment to Hire Purchase Act 1971 Heading repealed 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003
49: Exclusion where Consumer Guarantees Act 1993 applies
Section 49 repealed 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003 Amendments to Motor Vehicle Dealers Act 1975
50: Application of Motor Vehicle Dealers Fidelity Guarantee Fund
Amendment(s) incorporated in the Act(s).
51: Jurisdiction of Disputes Tribunal
Amendment(s) incorporated in the Act(s).
52: Referral of certain disputes to Disputes Tribunal
Amendment(s) incorporated in the Act(s). Amendments to Contractual Remedies Act 1979
53: Assignees
Amendment(s) incorporated in the Act(s)
54: Savings
Amendment(s) incorporated in the Act(s) Amendment to Building Act 1991
55: Fair Trading Act 1986 and Consumer Guarantees Act 1993 not affected
Amendment(s) incorporated in the Act(s). Application of Act
56: Application of Act
This Act does not apply to any contract for the supply of goods or services made before the commencement of this Act. 1979 No 11 s 16 1982 No 132 s 15 |
DLM293060 | 1993 | Forests Amendment Act 1993 | 1: Short Title and commencement
1: This Act may be cited as the Forests Amendment Act 1993, and shall be read together with and deemed part of the Forests Act 1949
2: Section 4
3: Except as provided in subsection (2)
2:
3:
4:
5:
6:
7: Transitional provisions relating to
section 67D
1: Notwithstanding anything in section 67D section 3
a: Sawmills are not required to be registered until 3 months after the commencement of this Act:
b: During the period beginning with the 3rd day of July 1992 and ending with the close of 4 years after that date, any quantity of indigenous timber to which the said section 67D
c: For the purposes of paragraph (b) paragraph (a) paragraph (b)
2: For the purposes of this section, the term allowable cut
a: The quantity of indigenous timber that the Secretary states in writing—
i: Was removed from land subject to Part 3A
ii: Was cut at the sawmill during the 2-year period ending with the close of the 2nd day of July 1992; or
b: The allowable cut determined by the Minister under subsection (4)
3: In any year during the period specified in subsection (1)(b)
4: On the application of the operator or owner of a sawmill, the Minister may vary the allowable cut.
8: Compensation
1: Notwithstanding any other enactment or rule of law,—
a: Subject to subsection (2) Customs Act 1966 Export Prohibition Regulations 1953
b: All amounts paid by the Crown in respect of claims arising out of any such decision by the Minister of Customs shall be deemed to have been paid in full and final settlement of such claims, but shall not be regarded as an admission of liability by the Crown:
c: Nothing effected or authorised by or under any provision inserted in the principal Act by this Act, or by any other provision of this Act, shall be regarded as making the Crown guilty of a civil wrong or making the Crown liable to pay compensation to any person.
2: Every claim against the Crown in respect of or as a result of any decision referred to in subsection (1)(a)
9: |
DLM293032 | 1993 | Air Facilitation Act 1993 | 1: Short Title
This Act may be cited as the Air Facilitation Act 1993.
1: Customs
2: This Part to be read with Customs Act 1966
Part 1 repealed 1 October 1996 section 289(1) Customs and Excise Act 1996
3: Interpretation
Section 3 repealed 1 October 1996 section 289(1) Customs and Excise Act 1996
4: Control of the Customs
Section 4 repealed 1 October 1996 section 289(1) Customs and Excise Act 1996
5: Questioning persons
Section 5 repealed 1 October 1996 section 289(1) Customs and Excise Act 1996
2: Immigration
6: This Part to be read with Immigration Act 1987
This Part of this Act shall be read together with and deemed part of the Immigration Act 1987 principal Act
7: Interpretation
1: Section 2 boarding station boarding station
a: a station or place appointed under section 27(1)(a) of the Customs Act 1966
b: any other part of any port at which persons arriving in New Zealand by ship are granted permits or are otherwise cleared by an immigration officer to be in New Zealand: .
2: Section 2 of the principal Act domestic sector .
3: Section 2 of the principal Act examination station examination station section 33(2A) of the Customs Act 1966 .
4: Section 2 of the principal Act internationally ticketed passenger
a: began outside New Zealand; or
b: began inside New Zealand and is to continue outside New Zealand: .
8: Responsibilities of internationally ticketed passengers travelling by air within New Zealand
The principal Act is hereby amended by inserting, after section 126
126A: Responsibilities of internationally ticketed passengers travelling by air within New Zealand
1: Where an internationally ticketed passenger is using air travel for a domestic sector, this section shall apply to that passenger from the time at which that passenger enters the examination station at the commencement of the domestic sector until the time at which the passenger leaves the examination station at the end of the domestic sector.
2: Every person to whom this section applies shall produce for inspection on demand by an immigration officer that person's passport or certificate of identity and that person's boarding pass or ticketing or both to enable the officer to determine whether or not the person is entitled to be in New Zealand with or without a permit under this Act.
3: Every person commits an offence against this Act who fails to produce on demand that person's passport or certificate of identity in accordance with subsection (2) of this section.
4: Every passport or certificate of identity or boarding pass or ticketing produced by a person to an immigration officer under subsection (2) of this section—
a: shall, if the person is a New Zealand citizen or holds a permit or is exempt under this Act from the requirement to hold a permit, be returned to that person before that person leaves the examination station; or
b: may, if the person does not hold a permit, and the officer does not grant that person a permit, be retained by the immigration officer, but after any such retention shall be returned to that person on that person's departure from New Zealand. |
DLM327410 | 1993 | Building Societies Amendment Act 1993 | 1: Short Title and Commencement
1: This Act may be cited as the Building Societies Amendment Act 1993, and shall be read together with and deemed part of the Building Societies Act 1965
2: This Act shall come into force on the 1st day of July 1994.
2:
3:
4:
5:
6:
7:
8: New sections substituted
This section substituted ss 118 to 120
9: Transitional provisions applying to winding up of societies
Section 9 repealed 5 December 2013 section 14 Companies Amendment Act 2013
10: |
DLM327448 | 1993 | Incorporated Societies Amendment Act 1993 | 1: Short Title and commencement
1: This Act may be cited as the Incorporated Societies Amendment Act 1993, and shall be read together with and deemed part of the Incorporated Societies Act 1908
2: This Act shall come into force on the 1st day of July 1994.
2: Power to compromise with creditors and members
This section amended section 23A
3: New sections substituted
This section substituted sections 24 to 26
4: Division of surplus assets
This section amended section 27(1) (2) (3)
5: Transitional provisions applying to liquidation of societies
Section 5 repealed 5 December 2013 section 14 Companies Amendment Act 2013 |
DLM294914 | 1993 | Health Sector (Transfers) Act 1993 | 1: Short Title and commencement
1: This Act may be cited as the Health Sector (Transfers)
2: Except as provided in subsections (3) and (4) and in sections 26(3) 28(2)
3: Sections 2 3 13
4: Sections 16 to 24 26(1) 27(3) and (4) 30(2) and (4) 31 32 Schedules 2 4 5 Section 1(1) amended 1 January 2001 section 4(2) Health Sector (Transfers) Amendment Act 2000
2: Interpretation
1: In this Act, unless the context otherwise requires,— agreement area health board section 6 of the Area Health Boards Act 1983 assets
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 products within the meaning of the Financial Markets Conduct Act 2013
d: all rights of any kind, including rights under Acts and agreements, and all applications, objections, submissions, and appeals in respect of such rights:
e: all patents, trade marks, designs, copyright, plant variety rights, and other intellectual property rights of any kind whether enforceable by Act or rule of law:
f: goodwill, and any business undertaking:
g: interests of any kind in any of the foregoing Crown endowment Health New Zealand Health New Zealand
a: for the purpose of providing an income derived from that land—
i: for hospital purposes (such as for the maintenance of a hospital); or
ii: for the purposes of any health services or disability support services or both; or
b: for the purposes of establishing, or providing a site for, a hospital or like institution; or
c: for hospital purposes; or
d: for the purposes of any health services or disability support services or both; or
e: for any or all of the purposes described in paragraphs (a) to (d) Crown endowment land
a: is vested in Health New Zealand as a Crown endowment; and
b: was either—
i: granted by the Crown to Health New Zealand or to any of its predecessors in title; or
ii: vested in Health New Zealand or in any of its predecessors in title by or pursuant to any Act, Provincial Ordinance, grant, or Order in Council; and
c: was not land that, before it was granted to, or vested in, Health New Zealand or any of its predecessors in title, had been given to the Crown, whether in trust or otherwise; and
d: is not a public reserve within the meaning of the Reserves Act 1977
e: is not, except for being held as a Crown endowment, land that is held in trust for a particular purpose; and
f: is not, except for being held as a Crown endowment, land in respect of which special provision is made by any Act or Provincial Ordinance Crown entity section 2(1) employee section 6 Health Benefits Limited Companies Act 1993 hospital board section 25 of the Hospitals Act 1957 HQSC section 59A liabilities
a: liabilities and obligations under any Act or agreement; and
b: debt securities within the meaning of the Financial Markets Conduct Act 2013
c: contingent liabilities; and
d: interests of any kind in any of the foregoing Māori Health Authority section 4 predecessor in title Health New Zealand, means any of its predecessors in title that was a DHB, publicly-owned health and disability organisation
a: means Health New Zealand, the Māori Health Authority, NZBOS, HQSC, and Pharmac; and
b: includes any companies wholly or partially owned by those organisations rights transfer
a: assign and convey; and
b: confer estates in fee simple of land held by the Crown, whether in allodium or otherwise; and
c: grant rights in respect of any assets or liabilities; and
d: in the case of a liability, the assumption thereof by a transferee; and
e: in all provisions of this Act other than section 4 section 5
f: vest under clause 10 and the word transferred transfer date section 4 section 5 transferee
a: the Crown (whether or not acting through a Government department):
b: a publicly-owned health and disability organisation:
c: a subsidiary of a publicly-owned health and disability organisation:
d: a person declared under subsection (6) to be a transferee for the purposes of this Act transferor
a: the Crown (whether or not acting through a Government department):
b: a publicly-owned health and disability organisation:
c: a subsidiary of a publicly-owned health and disability organisation:
d: Health Benefits Limited:
e: in relation to any assets or liabilities that are transferred for a second or subsequent time, includes the transferee to whom those assets or liabilities have previously been transferred transferring Ministers
2: Unless the context otherwise requires, terms defined in section 4
3: Unless the context otherwise requires, in this Act,—
a: a reference to transfer authorise
b: a reference to any agreement or proposal includes any amendments to that agreement or proposal.
4: Unless a written agreement entered into by the Crown states that any restriction, prohibition, or other provision is to apply despite the provisions of this subsection, this Act shall have effect, and assets and liabilities may be transferred under this Act, notwithstanding any restriction, prohibition, or other provision contained in any Act, rule of law, or agreement that would otherwise apply.
5: Nothing in this Act shall limit any powers or rights that the Crown or a Minister has under any other enactment or rule of law.
6: The Governor-General may, by Order in Council made on the recommendation of the Minister, declare any person to be a transferee for the purposes of this Act.
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 2(1) assets amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) CHFA repealed 1 July 2012 section 34 New Zealand Public Health and Disability Amendment Act 2012 Section 2(1) Crown endowment inserted 1 January 2001 section 5(2) Health Sector (Transfers) Amendment Act 2000 Section 2(1) Crown endowment amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) Crown endowment land replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) Crown entity inserted 1 January 2001 section 5(2) Health Sector (Transfers) Amendment Act 2000 Section 2(1) employee substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 2(1) Health Benefits Limited inserted 1 January 2001 section 5(2) Health Sector (Transfers) Amendment Act 2000 Section 2(1) HPA repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) HQSC inserted 9 November 2010 section 29(2) New Zealand Public Health and Disability Amendment Act 2010 Section 2(1) liabilities amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) Māori Health Authority inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) predecessor in title inserted 1 January 2001 section 5(2) Health Sector (Transfers) Amendment Act 2000 Section 2(1) predecessor in title amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) publicly-owned health and disability organisation replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) RHMU repealed 17 May 2005 section 5(2) New Zealand Public Health and Disability Amendment Act 2005 Section 2(1) transfer paragraph (f) amended 1 January 2001 section 5(3) Health Sector (Transfers) Amendment Act 2000 Section 2(1) transferee substituted 1 January 2001 section 5(1) Health Sector (Transfers) Amendment Act 2000 Section 2(1) transferor substituted 1 January 2001 section 5(1) Health Sector (Transfers) Amendment Act 2000 Section 2(2) substituted 1 January 2001 section 5(4) Health Sector (Transfers) Amendment Act 2000 Section 2(2) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(6) added 1 January 2001 section 5(5) Health Sector (Transfers) Amendment Act 2000 Section 2(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2A: Purposes of this Act
The purposes of this Act are as follows:
a: to provide for assets, liabilities, or functions within the public health and disability sector to be transferred to the Crown or to certain specified bodies within that sector:
b: to provide for the effect and the consequences of—
i: transfers, in accordance with this Act, of assets, liabilities, or functions within the public health and disability sector:
ii: sales or other dispositions of land by Health New Zealand or the Māori Health Authority
c: to permit Health New Zealand or the Māori Health Authority Section 2A inserted 1 January 2001 section 6 Health Sector (Transfers) Amendment Act 2000 Section 2A(b)(ii) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2A(c) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
3: Act to bind the Crown
This Act binds the Crown. Transfer of assets and liabilities
4: Transfer of assets and liabilities by agreement
1: Without limiting section 5
a: transfer to any transferee any assets or liabilities of the transferor:
b: authorise any transferee to act on behalf of the transferor in providing goods or services, or in managing assets or liabilities, of the transferor— for such consideration (if any), and on such terms and conditions (if any), as the transferring Ministers may agree with the transferee.
2: The Minister shall lay before the House of Representatives a copy of any agreement entered into under subsection (1) within 12 sitting days after the date of that agreement.
5: Transfer of assets and liabilities by Order in Council
1: Without limiting section 4
a: approve a proposal that has been prepared in accordance with this section for the purpose of—
i: transferring assets or liabilities or both from 1 or more transferors to 1 or more transferees; or
ii: authorising 1 or more transferees to act on behalf of 1 or more transferors in providing goods or services or in managing assets or liabilities or both; and
b: state the date (and, if considered appropriate, the time) upon which the proposal or any part of the proposal is to take effect.
2: Every proposal prepared for the purposes of this section shall—
a: state the names of each transferor and transferee; and
b: contain a description of each asset and liability to be transferred, either individually or as a group or class, or, in respect of any such asset or liability, identify a means by which, or a document in which, the asset or liability is so described; and, for the purposes of this paragraph, a class of assets or liabilities may comprise all or any of the assets or liabilities for the time being of a transferor; and
c: except in the case of contracts of service or assets of which the transferor is not the beneficial owner, state the value attributed for the purposes of the transfer to each asset and liability to be transferred, either individually or as a group or class, and the names of the transferor and transferee concerned; and
d: state any authorities that are to be granted to a transferee; and
e: specify any provisions of the proposal that are to constitute rights or obligations of any specified transferors or transferees; and
f: specify the class, number, nominal value, and terms of the shares, if any, that shall be issued by a transferee in connection with the vesting in it of the assets, or assets and liabilities, referred to in the proposal; and
g: specify the class, number, nominal value, and terms of the debt securities, if any, that shall be issued by a transferee in connection with the vesting in it of the assets, or assets and liabilities, referred to in the proposal; and
h: where a person to whom any such shares or debt securities are to be issued is a company or other person, specify the class, number, nominal value, and terms of any shares or debt securities, or both, that shall be issued by that person in connection with the issue to it of the first-mentioned shares or debt securities; and
i: specify the transferors or other persons to whom shall be issued the shares or debt securities referred to in paragraphs (f) to (h) (and such persons need not be the transferors of the assets, or assets and liabilities, in connection with which the shares or debt securities are issued); and
j: contain such other provisions as the transferring Ministers think fit; and
k: be signed by the transferring Ministers; and
l: be laid before the House of Representatives by the Minister of Health within 12 sitting days of its being approved by the Governor-General by Order in Council.
3: Where a proposal is approved by the Governor-General by Order in Council, except as otherwise specified in the proposal or in the order,—
a: all assets and liabilities of a transferor that the proposal states are to be transferred to a transferee shall, by virtue of this Act, vest in that transferee with effect from the commencement of the transfer date; and
b: all authorities that the proposal states are to be granted to a transferee shall be deemed to be granted to the transferee with effect from the commencement of the transfer date; and
c: where the proposal states that specified provisions of the proposal are to constitute rights or obligations of specified transferors or transferees, those provisions shall be deemed to constitute such rights or obligations with effect from the commencement of the transfer date; and
d: where the proposal states that shares are to be issued by a company, the shareholders of the company shall on or before the transfer date resolve to increase the capital of the company to the amount necessary for the issue of the shares and the persons specified in the proposal shall on or before the transfer date subscribe for or be issued with shares in accordance with the proposal, and the shares shall be deemed to be paid up to the extent (if any) specified in the proposal with effect from the commencement of the transfer date; and
e: where the proposal states that debt securities are to be issued by a person, the debt securities shall be deemed to have been issued by that person in accordance with the proposal with effect from the commencement of the transfer date.
4: Subject to subsection (5), the Governor-General may, by Order in Council made on the recommendation of the transferring Ministers, approve an amendment to a proposal approved under subsection (1) at any time or times. Any such amendment shall come into effect on a date (and at the time, if any) specified in the order (which date may be the transfer date for the proposal or any date after that transfer date).
5: Where a transferee referred to in a proposal is a person declared by Order in Council to be a transferee for the purposes of this Act, neither the proposal nor any amendment to the proposal shall be approved by the Governor-General by Order in Council unless the proposal or amendment has been agreed to by the transferee.
6: An Order in Council under this section—
a: shall identify the proposal or amendment approved, but need not incorporate it in the order; and
b: is secondary legislation ( see Part 3
7: Nothing in this section prevents assets or liabilities being transferred to a transferee for a consideration other than the issue of shares or debt securities. 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 5(6)(b) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
6: Application of transfer to third parties
1: Nothing effected or authorised by any of sections 4 5
a: shall be regarded as placing a transferor 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 or 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 a transferor or any other person in breach of any enactment or rule of law or provision of an agreement prohibiting, restricting, or regulating the transfer of any assets or 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 an asset or liability of a transferor is transferred from a transferor to a transferee under this Act,—
a: where the transfer is registrable (other than under the Land Transfer Act 2017
b: the laying before the House of Representatives of any agreement or proposal relating to the transfer shall be deemed to be notice of the transfer, and any third party shall with effect from the commencement of the transfer date (or such other time as is specified in the agreement, proposal, or Order in Council) deal with the transferee in place of the transferor:
c: subject to subsection (3), where the Crown is not the transferor, without limiting the liability of the transferee, the Crown shall be liable to any third party as if the asset or liability were that of the Crown but shall be indemnified by the transferee in respect of any liability to any third party:
d: subject to subsection (3), where the Crown is the transferor, without limiting the liability of the transferee, 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 transferee in respect of any liability to any third party:
e: any satisfaction or performance by the transferee in respect of the asset or liability shall be deemed to be also satisfaction or performance by the transferor and (if the transferor is not the Crown) by the Crown:
f: any satisfaction or performance in respect of the asset or liability by any third party to the benefit of the transferee shall be deemed to be also to the benefit of the transferor and (if the transferor is not the Crown) of the Crown.
3: Notwithstanding subsection (2) or any other enactment or rule of law, the Crown shall not be liable by virtue of that subsection to a third party in respect of an asset or liability transferred to a transferee under this Act—
a: to the extent (if any) that the third party has agreed that—
i: the Crown shall not be so liable; or
ii: the asset or liability may be transferred to the transferee or to any person on the basis that the transferor would cease to be liable, and the Crown would not become liable, in respect of the asset or liability; or
b: if, under any law of general application and without the third party's consent, the asset or liability could have been transferred to the transferee or to any person on the basis that the transferor ceased to be liable in respect of the asset or liability. Section 6(1) amended 1 January 2001 section 7 Health Sector (Transfers) Amendment Act 2000 Section 6(2)(a) amended 12 November 2018 section 250 Land Transfer Act 2017
7: Transfer of area health board loans and sinking funds
1: Sections 32 to 34, 40, 46, 52 to 55, 57 to 92, 103, 130, and 130A, and Part 5, of the Local Authorities Loans Act 1956
2: Subject to subsection (3), where any loan raised by the issue of debentures or stock in respect of which an area health board is (or, immediately before the transfer, was) liable, is transferred by or pursuant to this Act, the transferee shall succeed to the same rights and obligations in respect of any sinking fund established in order to provide money for the repayment of that loan as the area health board had immediately prior to the transfer.
3: Notwithstanding section 86(5) of the Local Authorities Loans Act 1956
a: the Minister of Finance may, after consultation with the Commissioners, give written notice to the Commissioners requiring them to comply with paragraph (b) on a date specified in the notice (being a date that is at least 4 weeks after the date on which the notice is received by the Commissioners):
b: where a notice is given under paragraph (a), the Commissioners shall, after deducting—
i: any amounts payable from the fund to them or any other person; and
ii: any amount required to compensate the Commissioners for loss of their role as Commissioners of the fund,— transfer the money and other assets representing the fund to the Residual Health Management Unit:
c: from the date specified in the notice given under paragraph (a), the fund shall cease to exist and—
i: no further payments shall be made into it; and
ii: the money and other assets transferred to the Unit shall be the property of the Unit to be used or applied as it thinks fit:
d: no liability shall be incurred by the Commissioners in respect of the fund after the transfer to the Unit of the money and assets representing the fund (other than any liability for actions or omissions before the transfer).
8: Taxation consequences of transfers of assets and liabilities
1:
2: No gift duty shall be payable under the Estate and Gift Duties Act 1968 section 4 section 5
3: A transfer of assets or liabilities from a transferor to a transferee pursuant to an agreement entered into under section 4 section 5 Goods and Services Tax Act 1985
4: Nothing in sections CB 6 to CB 23 EE 44 to EE 52 section 4 section 5
5: For the purposes of the Income Tax Act 2007 section 4 section 5
a: on the date on which such assets or liabilities are transferred to the transferee under the agreement or the proposal; and
b: for a consideration equal, in the case of transfer by an agreement under section 4 section 5
6: Nothing in sections EE 41 to EE 43 of the Income Tax Act 2007 section 4 section 5 Section 8(1) repealed 20 May 1999 section 7 Stamp Duty Abolition Act 1999 Section 8(4) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 8(5) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 8(6) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
9: Further provisions applying to transfer of assets and liabilities
The provisions set out in Schedule 1
a: each transfer of assets or liabilities, or both, pursuant to this Act; and
b: each agreement entered into under section 4
c: each proposal approved under section 5 Assets held in trust or subject to restrictions Heading 1 January 2001 section 8 Health Sector (Transfers) Amendment Act 2000
10: Assets to remain subject to trusts
For the avoidance of doubt, it is hereby declared that, subject to sections 11 to 11D Section 10 amended 1 January 2001 section 9 Health Sector (Transfers) Amendment Act 2000
11: Assets held in trust
1: If an asset is held in trust by a transferor or transferee, the Minister may request the Attorney-General to determine either, or both, of the following matters:
a: whether, and to whom, the asset should be transferred:
b: the extent to which the terms of the trust should be modified.
2: If the Attorney-General is requested to determine a matter under subsection (1), Public Trust
3: Public Trust it
4: Every scheme under subsection (2) shall—
a: be prepared, and submitted, to the Attorney-General as soon as reasonably practicable; and
b: be accompanied by full information as to all the facts upon which any transfer or modification is proposed; and
c: effect the minimum change necessary to enable the trust to operate satisfactorily in the light of the transfer of the asset.
5: The Attorney-General shall, as soon as reasonably practicable after receiving a scheme submitted under subsection (4),—
a: approve the scheme (as originally submitted or with amendments agreed by Public Trust
b: recommend amendments to the scheme; or
c: direct that the scheme should not proceed, in which event the matter shall be dealt with under the Charitable Trusts Act 1957
6: No scheme shall be approved by the Attorney-General under this section unless the Attorney-General is satisfied that the scheme is a proper one and is not contrary to law, public policy, or good morals.
7: Where a scheme is approved by the Attorney-General under subsection (5), the transferor or transferee (as the case may be) shall forthwith take all steps necessary to implement the scheme, and the terms governing the trust shall be deemed to be modified or amended to the extent necessary to enable implementation of the scheme.
8: The transferor and the transferee shall, upon transfer of any asset in accordance with a scheme which has been approved by the Attorney-General under subsection (5), cease to be liable in respect of any express or implied trust upon which it held the asset, but shall remain liable for any misappropriation or wilful negligence.
9: Nothing in this section shall limit the provisions of any other enactment or rule of law relating to the variation of trusts.
10: The reasonable costs of Public Trust Section 11(2) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 11(3) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 11(5)(a) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 11(10) amended 1 March 2002 section 170(1) Public Trust Act 2001
11A: Power of
Health New Zealand and Māori Health Authority
1: Subject to this section and section 99
2: The proceeds of any sale effected pursuant to subsection (1), and the land or money obtained by any exchange effected pursuant to subsection (1), are to be subject, so far as may be practicable, to the same trusts as the land so disposed of, or to any similar trusts that the Attorney-General may approve.
3: Nothing in this section applies to—
a: any public reserve within the meaning of the Reserves Act 1977
b: any Crown endowment land.
4: In respect of any land held in trust, the power of sale conferred by subsection (1) may not be exercised if the sale of the land is expressly prohibited by a term of the trust.
5: Any question as to whether subsection (4) prevents the sale of any land may be determined by the Attorney-General.
6: No mortgage or charge given by Health New Zealand or the Māori Health Authority 1983 No 134 ss 75, 77(3) Section 11A inserted 1 January 2001 section 10 Health Sector (Transfers) Amendment Act 2000 Section 11A heading amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 11A(1) replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 11A(6) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
11B: Power of Minister of Health to cancel Crown endowment
1: The Minister of Health may, by written notice given to Health New Zealand or the Māori Health Authority, declare that any land vested in Health New Zealand or the Māori Health Authority
2: Where a notice is given by the Minister of Health under subsection (1), from the date of the notice the land—
a: ceases to be subject to the Crown endowment; and
b: subject to section 99
3: The Attorney-General may declare any land vested in Health New Zealand or the Māori Health Authority
a: the purpose of the Crown endowment can no longer be attained or ascertained:
b: it is uncertain whether the land is Crown endowment land. Section 11B inserted 1 January 2001 section 10 Health Sector (Transfers) Amendment Act 2000 Section 11B(1) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 11B(2)(b) replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 11B(3) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
11C: Power of DHB to apply proceeds of sale of Crown endowment land
1: Subject to subsection (2), where Health New Zealand or the Māori Health Authority holds in trust the proceeds of the sale of any land (being land that was, at the time of the sale, subject to a Crown endowment), Health New Zealand or the Māori Health Authority may, despite the terms of that endowment, and whether the land was sold before or after the commencement of this section, apply the proceeds of the sale—
a: for the purposes of any health services or disability support services, or both, provided by Health New Zealand or the Māori Health Authority; or
b: for any purpose for which Health New Zealand or the Māori Health Authority may lawfully apply its own property.
2: The power conferred by subsection (1) may be exercised in respect of the proceeds of the sale of any land only if the Attorney-General, by written notice given to Health New Zealand or the Māori Health Authority
3: A notice may be given under subsection (2) in respect of land sold by Health New Zealand or the Māori Health Authority
a: the purpose of the Crown endowment can no longer be attained or ascertained:
b: it is uncertain whether the land sold was Crown endowment land. Section 11C inserted 1 January 2001 section 10 Health Sector (Transfers) Amendment Act 2000 Section 11C(1) replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 11C(2) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 11C(3) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
11D: Saving in respect of Charitable Trusts Act 1957
Nothing in this Act prevents Health New Zealand or the Māori Health Authority Part 3 Section 11D inserted 1 January 2001 section 10 Health Sector (Transfers) Amendment Act 2000 Section 11D amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
11E: Health sector reserves
1: In this section, health sector reserve Reserves Act 1977
2: Every health sector reserve is deemed to be classified, under the Reserves Act 1977
3: Every health sector reserve may be transferred under this Act to any transferee, whether or not the transferee is in the health and disability sector.
4: Every transferee to whom a health sector reserve is transferred under this Act is an administering body under the Reserves Act 1977 section 25(3) Part 4
5: A transferee outside the health and disability sector to whom a health sector reserve is transferred under this Act must, as soon as practicable, promote either of the following:
a: an appropriate change of classification or purpose of the health sector reserve under the Reserves Act 1977
b: the revocation, under that Act, of the reservation of the health sector reserve as a reserve.
6: If the reservation of any health sector reserve is revoked under the Reserves Act 1977
a: remains vested in the transferee; and
b: is subject to any reservations or trusts affecting that land arising from Acts (other than the Reserves Act 1977
c: is subject to clause 3
d: is subject to any valid leases, rights, easements, or interests subsisting over that land at the date of the revocation.
7: Despite the Reserves Act 1977
8: The granting of a lease or licence under subsection (7) is subject to,—
a: if granted by a publicly-owned health and disability organisation or a subsidiary of such an organisation, section 99
b: if granted by a transferee that is not a publicly-owned health and disability organisation or a subsidiary of such an organisation, section 99
9: Any payment under a lease or licence over a health sector reserve may be paid to the transferee in whom the reserve is vested, and may be applied for the purposes of the transferee.
10: To avoid any doubt, nothing in this Act permits the Minister to alter the status of a health sector reserve without complying with all processes required by the Reserves Act 1977 Section 11E inserted 1 January 2001 section 10 Health Sector (Transfers) Amendment Act 2000 Section 11E(8)(a) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 11E(8)(b) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
11F: Saving in respect of Public Works Act 1981
Nothing in sections 11A to 11E clause 3 Section 11F inserted 1 January 2001 section 10 Health Sector (Transfers) Amendment Act 2000
11G: Saving in respect of Waikato Raupatu Claims Settlement Act 1995 and Ngāi Tahu Claims Settlement Act 1998
Nothing in sections 11A to 11E
a: section 11
b: Part 9 Section 11G inserted 1 January 2001 section 10 Health Sector (Transfers) Amendment Act 2000
11H: Part 4A of Conservation Act 1987
1: Subject to subsections (2) to (5), the provisions of Part 4A
2: The provisions of Part 4A
a: is land that,—
i: before being transferred to, or vested in, the transferee under this Act or the Pae Ora (Healthy Futures) Act 2022
ii: is being sold or disposed of to the donor of the land or to the successor of the donor of the land (being the person who would have been entitled to the land under the will or intestacy of the donor had the donor owned the land at the date of the donor's death); or
b: is land acquired by the transferee other than land acquired by virtue of—
i: the operation of section 95
ii: a transfer under this Act; or
c: is land being transferred to or vested in the Crown.
3: Despite subsection (1), the Registrar-General of Land is not obliged to take any action under section 24D Land Transfer Act 2017
4: The certificate required by subsection (3) must—
a: be signed by the chief executive of the transferee by which the disposition is being effected; and
b: certify that the disposition is one to which Part 4A
c: state the action that the Registrar-General of Land is required to take under section 24D
d: specify the record of title section 24D
5: Nothing in this section limits the provisions of clause 6 Section 11H inserted 1 January 2001 section 10 Health Sector (Transfers) Amendment Act 2000 Section 11H(2)(a)(i) replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 11H(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 11H(4)(d) amended 12 November 2018 section 250 Land Transfer Act 2017 Transfer of employees
12: Transfer of employees by agreement or Order in Council
1: Where the rights and obligations of a transferor under a contract of service between the transferor and an employee of the transferor are transferred to a transferee under section 4 section 5
a: the employee shall, with effect from the commencement of the transfer date, become an employee of the transferee; and the contract of service shall, from the commencement of that date, apply as a contract between the employee and the transferee; and
b: the contract of service shall be deemed to have been unbroken and the employee's period of service with the transferor, and every other period of service of the employee that is recognised by the transferor as continuous service, shall be deemed to have been a period of service with the transferee; and
c: the employee shall be employed by the transferee with effect from the commencement of the transfer date in the same or substantially the same capacity as the capacity in which the employee is employed immediately before the transfer date; and
d: the employee shall not be entitled to receive any payment or other benefit (including a benefit under any superannuation scheme) by reason of—
i: the transfer; or
ii: the employee ceasing to be an employee of the transferor; or
iii: any change in the capacity in which the employee is employed, so long as the new capacity is substantially the same as the previous capacity.
2: Where any rights and obligations of a transferor under a contract of service arise by virtue of a collective employment contract and such rights and obligations are transferred to a transferee under section 4 section 5
13: Restrictions on redundancy and other entitlements
1: Where an employee of a transferor receives a reasonable offer of employment from any transferee on or before the date on which the employee ceases to be employed by the transferor, being an offer of employment on terms and conditions that are substantially similar to the terms and conditions applying to the employee at the date on which the employee ceases to be employed by the transferor, then, except as otherwise determined by the Minister but notwithstanding the terms of that employee's contract of service with the transferor, the employee shall not be entitled to receive any payment or other benefit from the transferor by reason of so ceasing, whether or not the employee accepts that offer of employment from the transferee.
2: Where an employee of a transferor ceases for any reason (including redundancy) to be an employee of the transferor but is employed (in any capacity) by a transferee within 9 months of so ceasing (whether or not that employment with the transferee commenced before the employee ceased employment with the transferor), then, notwithstanding the terms of that employee's contract of service with the transferor,—
a: the entitlement of that employee to receive or to retain any payment or other benefit from the transferor or from any other person by reason of so ceasing shall be determined in accordance with a scale fixed by the Minister; and
b: if such a payment or other benefit has been paid to or for the benefit of the employee, the employee shall repay all or such part of the payment or other benefit in accordance with a scale fixed by the Minister.
3: In fixing a scale for the purposes of subsection (2), the Minister shall have regard to the period that has elapsed between the employee ceasing to be employed by the transferor and becoming an employee of a transferee.
4: Every amount payable by an employee under subsection (2)(b) shall constitute a debt due from the employee to the person who paid it (or, if that person was an area health board, to the Crown Health Financing Agency
5: The Minister may vary a scale in respect of a particular employee where the Minister is satisfied that—
a: undue hardship to the employee would otherwise result; or
b: it is reasonable to do so having regard to the extent to which the employee's terms and conditions of employment with the transferee differ from those with the transferor.
6: This section shall apply only to those employees who cease to be employed by a transferor on or before 31 December 1994. Section 13(4) amended 17 May 2005 section 5(2) New Zealand Public Health and Disability Amendment Act 2005
14: National Provident superannuation schemes
Where—
a: the rights and obligations of a transferor under a contract of service between the transferor and an employee of the transferor are transferred to a transferee under section 4 section 5
b: the employee was, immediately before the date on which the transfer takes effect, a member of a superannuation scheme of which the Board of Trustees of the National Provident Fund is trustee; and
c: the transferor was, immediately before that date, a corporate contributor to that scheme,— the transferee shall on and from that date be obliged to contribute to that scheme in respect of that employee in accordance with the terms of the scheme and shall be deemed to be a local authority for the purposes of section 40
15: Application of Government Superannuation Fund Act 1956
1: For the purposes of the 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 Residual Health Management Unit Heading repealed 1 January 2001 section 11 Health Sector (Transfers) Amendment Act 2000
16: Establishment of Unit
Section 16 repealed 1 January 2001 section 11 Health Sector (Transfers) Amendment Act 2000
17: Functions of Unit
Section 17 repealed 1 January 2001 section 11 Health Sector (Transfers) Amendment Act 2000
18: Board of Unit
Section 18 repealed 1 January 2001 section 11 Health Sector (Transfers) Amendment Act 2000
19: Unit to be Crown entity
Section 19 repealed 1 January 2001 section 11 Health Sector (Transfers) Amendment Act 2000
20: Directions
Section 20 repealed 1 January 2001 section 11 Health Sector (Transfers) Amendment Act 2000
21: Further provisions applying to Unit
Section 21 repealed 1 January 2001 section 11 Health Sector (Transfers) Amendment Act 2000 Abolition of area health boards
22: Abolition of area health boards
Section 22 repealed 1 January 2001 section 11 Health Sector (Transfers) Amendment Act 2000
23: Repeal of enactments relating to area health boards
1: The enactments specified in Part 1
2: The orders and the determination specified in Part 2 Amendments to Social Security Act 1964
24: Repeal of Part 2 of Social Security Act 1964
1: Amendment(s) incorporated in the Act(s)
2: The enactments specified in Part 3
3: The enactments specified in Part 4
4: Section 24(4) repealed 1 January 1995 section 19 Patents Amendment Act 1994
25: Regulations
1: The Governor-General may from time to time, by Order in Council, in accordance with the recommendation of the Minister, make regulations for all or any of the following purposes:
a: prescribing the maximum amounts that persons or classes of persons specified in the regulations may charge in respect of any health services or disability services specified in the regulations for which payments are made by purchasers, being maternity, immunisation, diagnostic, pharmaceutical, or other services for which the amounts that could be charged were limited by any Act or regulations on the day before the day on which this section comes into force:
b: defining classes of services or persons for the purposes of any regulations made under this section, which classes may be defined by reference to such criteria, circumstances, or matters as are specified in the regulations, including, but not by way of limitation, the income of the persons:
c: prescribing transitional and savings provisions relating to the coming into force of section 24 Part 2 Part 3 Part 4
2: Before making any recommendation that regulations be made under subsection (1)(a), the Minister shall consult as to the principal contents of the proposed regulations with such persons, or representatives of the persons or classes of persons to be specified in the regulations, as the Minister thinks fit.
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 25(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Amendments to Disabled Persons Community Welfare Act 1975 Heading repealed 1 October 2004 section 59(1) Health and Disability Services (Safety) Act 2001
26: Amendments to Disabled Persons Community Welfare Act 1975
Section 26 repealed 1 October 2004 section 59(1) Health and Disability Services (Safety) Act 2001 Amendments to Public Finance Act 1989
27: Amendments to Public Finance Act 1989
Amendment(s) incorporated in the Act(s) Amendments to Building Act 1991
28: Amendments to Building Act 1991
Amendment(s) incorporated in the Act(s). Application of Commerce Act 1986 Heading repealed 6 July 1994 section 2(6) Finance Act 1994
29: Application of Commerce Act 1986
Section 29 repealed 6 July 1994 section 2(6) Finance Act 1994 Amendments to Ombudsmen Act 1975
30: Amendments to Ombudsmen Act 1975
Amendment(s) incorporated in the Act(s) Amendment to Dental Act 1988 Heading repealed 18 September 2004 section 175(4) Health Practitioners Competence Assurance Act 2003
31: New sections substituted
Section 31 repealed 18 September 2004 section 175(4) Health Practitioners Competence Assurance Act 2003 Amendments to other Acts
32: Amendments to other Acts
The enactments specified in Schedule 4 |
DLM299197 | 1993 | Local Government Official Information and Meetings Amendment Act 1993 | 1: Short Title and commencement
1: This Act may be cited as the Local Government Official Information and Meetings Amendment Act 1993, and shall be read together with and deemed part of the Local Government Official Information and Meetings Act 1987
2: This Act shall come into force on the 1st day of July 1993.
2:
3:
4:
5:
6:
7:
8: Transitional provisions
1: Where—
a: Before the commencement of this section, a request has been made under section 23
b: The request has not been finally dealt with under the principal Act at the commencement of this section,— that request shall be dealt with as if sections 3 to 7 section 38 Part 4
2: Any complaint which, before the commencement of this section, has been made to an Ombudsman pursuant to section 38 Part 4 section 23 sections 3 to 7
3: Where, at the commencement of this section, any proceedings in relation to a request made by or on behalf of a natural person under section 23 sections 3 to 7 |
DLM312894 | 1993 | Films, Videos, and Publications Classification Act 1993 | 1: Short Title and commencement
1: This Act may be cited as the Films, Videos, and Publications Classification Act 1993.
2: Sections 2 5 Part 6 section 149 sections 174 to 177 Schedule 1
3: Except as provided by subsection (2), this Act shall come into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made appointing different dates for different provisions and for different purposes.
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 1 October 1994 Films, Videos, and Publications Classification Act Commencement Order 1994 Section 1(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
2: Interpretation
In this Act, unless the context otherwise requires,— advertising poster approved self-rating system section 46G authorised distributor
a: the person who appears to the Classification Office to be lawfully entitled to distribute the publication in New Zealand; or
b: where there is no such person, the owner of the publication Board of Review Board section 91 book
a: means any book, magazine, or periodical, whether in manuscript or final form; but
b: does not include a newspaper published at intervals of less than 1 month broadcasting section 2 cassette Chief Censor section 80(1) classification section 23 section 55 section 56 Classification Office section 76 classification officer section 80(2) commercial video on-demand content
a: means video on-demand content that is made available to persons in New Zealand for a fee or other consideration; but
b: does not include video on-demand content that is made available on a platform provided by a broadcaster as part of a subscription-based television service if—
i: the platform is only accessible by subscribers to the service; and
ii: that content has been classified in accordance with a code of broadcasting practice issued or approved by the Broadcasting Standards Authority under section 21(1) Examples
A movie that can be downloaded from the Internet by a person who pays a one-off fee to access that movie. A series made available to a person who paid a subscription fee for access to a catalogue of content to be accessed through a computer or other electronic device. A short film made available to a person who has been given access to a catalogue of online content as a benefit of entering into a contract with an Internet provider. complaints officer clause 3 Deputy Chief Censor section 80(1) description display case
a: in which the video recording is kept, or that is displayed, in any premises in which video recordings are supplied or offered for supply, to indicate that the video recording is available for supply; and
b: that shows the title of that video recording; and
c: that must be removed before the video recording can be viewed exhibit exhibit to the public
a: means to screen or arrange or organise the screening of, or to assist any other person to screen or arrange or organise the screening of, the film—
i: to the public, or any section of the public; or
ii: to any group or class of persons otherwise than in a private residence,— whether or not a charge is made for admission to the premises in which the exhibition is held; but
b: does not include the broadcasting of the film;— and public exhibition film
a: means a cinematograph film, a video recording, and any other material record of visual moving images that is capable of being used for the subsequent display of those images, and includes any part of any film, and any copy or part of a copy of the whole or any part of a film; and
b: includes video on-demand content film poster
a: means any poster, placard, video slick, photograph, or other printed pictorial matter that is intended for use in the advertising or exhibition of any film to the public, and includes a miniature representation of the whole or part of any such poster, and also includes any enlarged representation of the whole or any part of any such poster; but
b: does not include a poster, placard, video slick, photograph, or other printed pictorial matter that is intended for use to advertise commercial video on-demand content Information Unit section 88 Inspector section 103(1) or (2) Part 7A see section 103(3) interim restriction order
a: in Part 4 section 49
b: in Part 5 section 67 issue label or other publication labelling body section 72 Minister newspaper objectionable section 3 online content host section 119A section 119B package premises printed matter private residence
a: private rooms in any hotel, hostel, apartment building, or boardinghouse; and
b: motel units, cabins, and baches; and
c: any other places of temporary residence,— whether self-contained or not public display
a: in relation to a publication, means the display of that publication in a public place in circumstances that may reasonably be taken to indicate that the publication is available for supply:
b: in relation to an advertising poster or a film poster, means the display of the poster in a public place in circumstances that may reasonably be taken to indicate that the publication to which the poster relates is available for supply public place section 2 publication
a: any film, book, sound recording, picture, newspaper, photograph, photographic negative, photographic plate, or photographic slide:
b: any print or writing:
c: a paper or other thing that has printed or impressed upon it, or otherwise shown upon it, 1 or more (or a combination of 1 or more) images, representations, signs, statements, or words:
d: a thing (including, but not limited to, a disc, or an electronic or computer file) on which is recorded or stored information that, by the use of a computer or other electronic device, is capable of being reproduced or shown as 1 or more (or a combination of 1 or more) images, representations, signs, statements, sounds,
e: a copy of images or sounds that have been livestreamed, but not the livestreaming itself of those images or sounds ( livestream section 119A rating register register of classification decisions established and maintained section 39 restricted publication section 23(2)(c) search warrant section 109 or section 109A section 109B Secretary serial publication
a: means—
i: a magazine or periodical published at substantially regular intervals:
ii: any printed publication divided into parts that are published separately at intervals; but
b: does not include a newspaper published at intervals of less than 1 month serial publication order section 37(1) specified CVoD provider
a: a company listed in Schedule 4
b: a subsidiary of a company listed in Schedule 4 supply supply to the public
a: means supply by way of sale, hire, exchange, or loan, in the course of any business; and includes sale, hire, exchange, or loan by—
i: any public library; or
ii: any club or association, whether public or private, and whether incorporated or unincorporated, that, as part of its activities, makes films available to its members; but
b: does not include any supply of any film to any person who makes or distributes or supplies films, unless that person intends to supply that film to the public or, in the case of a club or association to which paragraph (a)(ii) applies, to its members;— and public supply video game video on-demand content video recording video slick wholesale distributor 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. Section 2 approved self-rating system inserted 10 August 2020 section 4(1) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 2 commercial video on-demand content inserted 10 August 2020 section 4(1) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 2 film replaced 1 August 2021 section 4(2) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 2 film poster replaced 1 August 2021 section 4(3) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 2 Inspector replaced 1 February 2022 section 4(1) Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 Section 2 label amended 21 May 2005 section 3(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 2 newspaper substituted 27 April 1995 section 3 Newspapers and Printers Act Repeal Act 1995 Section 2 online content host inserted 1 February 2022 section 4(4) Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 Section 2 printed matter substituted 27 April 1995 section 4(1) Newspapers and Printers Act Repeal Act 1995 Section 2 publication substituted 22 February 2005 section 3(2) Films, Videos, and Publications Classification Amendment Act 2005 Section 2 publication added 22 February 2005 section 3(2) Films, Videos, and Publications Classification Amendment Act 2005 Section 2 publication amended 1 February 2022 section 4(2) Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 Section 2 publication inserted 1 February 2022 section 4(3) Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 Section 2 register amended 1 October 2012 section 4 Films, Videos, and Publications Classification Amendment Act 2012 Section 2 search warrant amended 22 February 2005 section 23(2) Films, Videos, and Publications Classification Amendment Act 2005 Section 2 specified CVoD provider inserted 10 August 2020 section 4(1) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 2 video on-demand content inserted 10 August 2020 section 4(1) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 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
3: Meaning of objectionable
1: For the purposes of this Act, a publication is objectionable
1A: Without limiting subsection (1), a publication deals with a matter such as sex for the purposes of that subsection if—
a: the publication is or contains 1 or more visual images of 1 or more children or young persons who are nude or partially nude; and
b: those 1 or more visual images are, alone, or together with any other contents of the publication, reasonably capable of being regarded as sexual in nature.
1B: Subsection (1A) is for the avoidance of doubt.
2: A publication shall be deemed to be objectionable for the purposes of this Act if the publication promotes or supports, or tends to promote or support,—
a: the exploitation of children, or young persons, or both, for sexual purposes; or
b: the use of violence or coercion to compel any person to participate in, or submit to, sexual conduct; or
c: sexual conduct with or upon the body of a dead person; or
d: the use of urine or excrement in association with degrading or dehumanising conduct or sexual conduct; or
e: bestiality; or
f: acts of torture or the infliction of extreme violence or extreme cruelty.
3: In determining, for the purposes of this Act, whether or not any publication (other than a publication to which subsection (2) applies) is objectionable or should in accordance with section 23(2)
a: describes, depicts, or otherwise deals with—
i: acts of torture, the infliction of serious physical harm, or acts of significant cruelty:
ii: sexual violence or sexual coercion, or violence or coercion in association with sexual conduct:
iii: other sexual or physical conduct of a degrading or dehumanising or demeaning nature:
iv: sexual conduct with or by children, or young persons, or both:
v: physical conduct in which sexual satisfaction is derived from inflicting or suffering cruelty or pain:
b: exploits the nudity of children, or young persons, or both:
c: degrades or dehumanises or demeans any person:
d: promotes or encourages criminal acts or acts of terrorism:
e: represents (whether directly or by implication) that members of any particular class of the public are inherently inferior to other members of the public by reason of any characteristic of members of that class, being a characteristic that is a prohibited ground of discrimination specified in section 21(1)
4: In determining, for the purposes of this Act, whether or not any publication (other than a publication to which subsection (2) applies) is objectionable or should in accordance with section 23(2)
a: the dominant effect of the publication as a whole:
b: the impact of the medium in which the publication is presented:
c: the character of the publication, including any merit, value, or importance that the publication has in relation to literary, artistic, social, cultural, educational, scientific, or other matters:
d: the persons, classes of persons, or age groups of the persons to whom the publication is intended or is likely to be made available:
e: the purpose for which the publication is intended to be used:
f: any other relevant circumstances relating to the intended or likely use of the publication. Section 3(1A) inserted 22 February 2005 section 4(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 3(1B) inserted 22 February 2005 section 4(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 3(3) amended 22 February 2005 section 4(2) Films, Videos, and Publications Classification Amendment Act 2005 Section 3(4) amended 22 February 2005 section 4(2) Films, Videos, and Publications Classification Amendment Act 2005
3A: Publication may be age-restricted if it contains highly offensive language likely to cause serious harm
1: A publication to which subsection (2) applies may be classified as a restricted publication under section 23(2)(c)(i)
2: This subsection applies to a publication that contains highly offensive language to such an extent or degree that the availability of the publication would be likely, if not restricted to persons who have attained a specified age, to cause serious harm to persons under that age.
3: In this section, highly offensive language Section 3A inserted 22 February 2005 section 5 Films, Videos, and Publications Classification Amendment Act 2005
3B: Publication may be age-restricted if likely to be injurious to public good for specified reasons
1: A publication to which subsection (2) applies may be classified as a restricted publication under section 23(2)(c)(i)
2: This subsection applies to a publication that contains material specified in subsection (3) to such an extent or degree that the availability of the publication would, if not restricted to persons who have attained a specified age, be likely to be injurious to the public good for any or all of the reasons specified in subsection (4).
3: The material referred to in subsection (2) is material that—
a: describes, depicts, expresses, or otherwise deals with—
i: harm to a person's body whether it involves infliction of pain or not (for example, self-mutilation or similarly harmful body modification) or self-inflicted death; or
ii: conduct that, if imitated, would pose a real risk of serious harm to self or others or both; or
iii: physical conduct of a degrading or dehumanising or demeaning nature; or
b: is or includes 1 or more visual images—
i: of a person's body; and
ii: that, alone, or together with any other contents of the publication, are of a degrading or dehumanising or demeaning nature.
4: The reasons referred to in subsection (2) are that the general levels of emotional and intellectual development and maturity of persons under the specified age mean that the availability of the publication to those persons would be likely to—
a: cause them to be greatly disturbed or shocked; or
b: increase significantly the risk of them killing, or causing serious harm to, themselves, others, or both; or
c: encourage them to treat or regard themselves, others, or both, as degraded or dehumanised or demeaned. Section 3B inserted 22 February 2005 section 5 Films, Videos, and Publications Classification Amendment Act 2005
3C: Procedure for classification under sections 3A and 3B
In determining whether to classify a publication as a restricted publication in accordance with section 3A section 3B section 3(4) Section 3C inserted 22 February 2005 section 5 Films, Videos, and Publications Classification Amendment Act 2005
3D: How sections 3A and 3B relate to sections 3 and 23(2)(c)
Sections 3A 3B sections 3 23(2)(c) Section 3D inserted 22 February 2005 section 5 Films, Videos, and Publications Classification Amendment Act 2005
4: Classification of publications
1: The question whether or not a publication is objectionable or should in accordance with section 23(2)
2: Without limiting subsection (1), where evidence as to, or proof of, any such matters or particulars is available to the body or person concerned, that body or person shall take that evidence or proof into consideration. Section 4 heading amended 22 February 2005 section 7(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 4(1) amended 22 February 2005 section 7(2) Films, Videos, and Publications Classification Amendment Act 2005
4AA: Application of Harmful Digital Communications Act 2015
Sections 23 to 25 Part 7A Section 4AA inserted 1 February 2022 section 5 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021
4A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 4A inserted 10 August 2020 section 5 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
5: Act to bind the Crown
This Act binds the Crown.
2: Labelling of films
Labelling requirements
6: Films to be labelled
1: Subject to sections 7 8
a: a label has been issued in respect of that film; and
b: the requirements of this Act and of any regulations made under this Act with respect to the display of that label are complied with.
2: Subject to sections 7 8
a: a label has been issued in respect of that film; and
b: the requirements of this Act and of any regulations made under this Act with respect to the display and advertising of the contents of that label are complied with.
3: Subsections (1) and (2) do not apply to a film that is commercial video on-demand content offered by a specified CVoD provider, and section 46C 1983 No 130 ss 7, 8 1987 No 85 s 5 Section 6(1)(b) replaced 1 October 2012 section 5(1) Films, Videos, and Publications Classification Amendment Act 2012 Section 6(2)(b) replaced 1 October 2012 section 5(2) Films, Videos, and Publications Classification Amendment Act 2012 Section 6(3) inserted 1 August 2021 section 11 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
7: Trade screenings
Section 6
a: that screening is by—
i: the maker, owner, or distributor of the film; or
ii: an expressly authorised agent of the maker, owner, or distributor; and
b: that screening is to any person engaged in the film industry, or in any industry closely associated with the film industry; and
c: that screening is carried out in accordance with normal trade practice before the maker, owner, or distributor applies for the issue of a label in respect of the film. 1983 No 130 s 6
8: Films exempt from labelling requirements
1: Subject to subsections (2) and (3), sections 6 46C
a: any film owned, produced, or sponsored by, and relating to the policy, functions, or operations of,—
i: any government department named in Part 1
ii: any organisation named in Part 2 Schedule 1
iii: any local organisation named or specified in Part 3
b: any film directly related wholly or principally to personnel training and development, or public, business, or industrial administration, management, and organisation:
c: any film depicting wholly or principally agricultural, industrial, or manufacturing processes or technological development:
d: any pure, applied, physical, or natural scientific film:
e: any film relating wholly or mainly to the social sciences, including economics, geography, anthropology, and linguistics:
f: any natural history film, and any film depicting wholly or principally natural scenery:
g: any film of news and current affairs, any documentary, and any historical account containing a unity of subject matter:
h: any film depicting wholly or principally sporting events or recreational activities:
i: any film that is designed to provide a record of an event or occasion (such as a wedding) for those who took part in the event or occasion or are connected with those who did so:
j: any film depicting wholly or mainly surgical or medical techniques and used for educational and instructional purposes:
k: any film that is wholly or mainly a commercial advertisement relating to the advertiser's or sponsor's activities:
l: any film directly related to the curriculum of pre-school, primary, secondary, or tertiary educational institutions:
m: any film wholly or mainly of a religious nature:
n: any film depicting wholly or mainly travel:
o: any film depicting wholly or mainly cultural activities:
p: any film intended for supply or exhibition solely to ethnic organisations:
q: any video game:
r: any video on-demand content made available by a person who is not a specified CVoD provider:
s: any video on-demand content made available by a specified CVoD provider that was uploaded by a user to the provider’s platform, and that was not commissioned by the provider.
2: The Chief Censor may, at any time, require any person to make an application under section 9
a: in the case of video on-demand content, the person has made the content available to persons in New Zealand, or proposes to do so; or
b: in any other case, the person has exhibited or supplied the film to the public, or proposes to do so.
3: Nothing in subsection (1) exempts any film from the requirements of section 6 or 46C
a: the film is a restricted publication; or
b: the Chief Censor has required the film to be submitted to the labelling body under subsection (2). 1983 No 130 ss 9–12 1987 No 85 s 6 1990 No 58 s 4 Section 8(1) amended 1 August 2021 section 6(1) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 8(1)(r) inserted 1 August 2021 section 6(2) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 8(1)(s) inserted 1 August 2021 section 6(2) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 8(2) replaced 1 August 2021 section 6(3) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 8(3) amended 1 August 2021 section 6(4) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Issue of labels
9: Applications for issue of label
1: Subject to subsection (2), the following persons may apply to the labelling body for the issue of a label in respect of a film:
a: any person who is engaged in the production, distribution, public supply, or public exhibition of films:
b: any person who proposes to supply to the public or exhibit to the public the film in respect of which the application is made:
c: any specified CVoD provider.
2: Subsection (1) does not apply to—
a: any film in respect of which a label has already been issued under this Act (except any film for which a label has been issued by a specified CVoD provider using an approved self-rating system); or
b: any film that has been classified under this Act as objectionable.
3: Subject to subsection (4), every application under subsection (1) shall be accompanied by—
a: a copy of the film in respect of which the application is made; and
b: the fee set by the labelling body for such an application.
4: The labelling body may, in accordance with regulations made under this Act, exempt any applicant from the requirements of subsection (3)(a). 1983 No 130 s 8 1987 No 85 s 12 Section 9(1)(c) inserted 1 August 2021 section 12(1) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 9(2) replaced 1 August 2021 section 12(2) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
10: Issue of labels
1: Subject to any regulations made under this Act, on receiving an application under section 9(1) section 12
2: The label shall contain—
a: the rating assigned to that film by the labelling body; and
b: where appropriate, a description of the contents of that film indicating whether the film contains anti-social behaviour, cruelty, violence, crime, horror, sex, or offensive language or behaviour.
3: The labelling body shall not issue a label in respect of any film that has been classified by the Classification Office or the Board as objectionable. 1987 No 85 s 13
11: Rating and description applicable to copies
For the purposes of this Part, the rating and description (if any) assigned to any film under section 10 1983 No 130 s 8(5)–(8) 1987 No 85 s 13(3)
11A: Classification Office must provide film database
1: The Classification Office must provide and maintain a database of films that have been labelled under this Act and that includes the prescribed information in respect of each film.
2: The Classification Office must make the database available for public inspection at all reasonable times, free of charge, by publishing it on an Internet site maintained by, or on behalf of, the Classification Office. Section 11A inserted 1 August 2021 section 13 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
3: Classification of publications
Submission of publications
12: Submission of films by labelling body
1: Where—
a: an application is made under section 9(1)
b: the labelling body is not permitted, under regulations made under this Act, to assign a rating to that film,— the labelling body shall submit that film to the Classification Office for examination and classification pursuant to section 23
1A: However, the labelling body is not required by subsection (1) to submit a film to the Classification Office if—
a: an item on the film has been classified under this Act as a restricted publication; and
b: all other material included on the film is material to which the labelling body would, in accordance with regulations made under this Act, be permitted to assign a rating; and
c: the labelling body may, without a direction of the Classification Office under section 36
2: Where—
a: the labelling body is having substantial difficulty in determining the appropriate rating to assign to a film; or
b: there is disagreement among the persons who are carrying out the functions of the labelling body on the appropriate rating to assign to a film,— the labelling body may, subject to subsection (3), submit that film to the Classification Office for examination and classification pursuant to section 23
3: The labelling body may submit a film to the Classification Office under subsection (2) only with the leave of the Chief Censor. That leave may be obtained on application made on the form provided for that purpose by the Chief Censor.
4: Where the Classification Office directs, under section 36 1987 No 85 s 15 Section 12(1A) inserted 22 February 2005 section 8 Films, Videos, and Publications Classification Amendment Act 2005
13: Submission of publications by others
1: Any of the following persons may submit a publication to the Classification Office for a decision on that publication's classification:
a: the chief executive of the New Zealand Customs Service
ab: the Commissioner of Police:
b: the Secretary:
ba: subject to subsections (1A) and (1B), an online content host who or that has been issued with a take-down notice relating to an online publication:
c: subject to subsection (2), any other person.
1A: A submission by an online content host under subsection (1)(ba) must be submitted within 20 working days after they receive the take-down notice.
1B: The Chief Censor may determine that an online publication submitted to the Classification Office under subsection (1)(ba) will not be examined or classified by the office if—
a: the online publication has already been submitted to the Classification Office under this section; or
b: the online publication has already been the subject of a classification decision; or
c: the Chief Censor considers that the submitting of the online publication to the Classification Office is frivolous or vexatious.
2: A publication may be submitted to the Classification Office under subsection (1)(c) only with the leave of the Chief Censor given under section 15
3: The Chief Censor may, on his or her own motion, determine that any publication should be received for examination by the Classification Office. In any such case the Chief Censor shall, by notice in writing, direct the chief executive of the New Zealand Customs Service 1963 No 22 s 14(1), (2) 1987 No 85 s 19(1)–(3) Section 13(1)(a) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 13(1)(ab) inserted 22 February 2005 section 9 Films, Videos, and Publications Classification Amendment Act 2005 Section 13(1)(ba) inserted 1 February 2022 section 6(1) Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 Section 13(1A) inserted 1 February 2022 section 6(2) Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 Section 13(1B) inserted 1 February 2022 section 6(2) Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 Section 13(3) amended 1 October 1996 section 289(1) Customs and Excise Act 1996
14: How to submit publications (officials)
1: A publication shall be submitted to the Classification Office under subsection (1)(a), (ab), or (b) section 13
2: Every notice of submission shall be in the form provided for that purpose by the Chief Censor.
3: Every notice of submission lodged with the Classification Office shall be accompanied by—
a: the prescribed fee (if any); and
b: a copy of the publication to which the notice relates. 1963 No 22 s 14(4) 1987 No 85 s 19(4) Section 14(1) amended 1 February 2022 section 7 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021
14A: How to submit publications (online content hosts)
1: An online content host who or that wishes to submit a publication to the Classification Office under section 13(1)(ba)
2: A notice of submission must be in the form provided for that purpose by the Chief Censor and must be accompanied by the prescribed fee (if any). Section 14A inserted 1 February 2022 section 8 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021
15: How to submit publications (others)
1: Every person who wishes to submit a publication to the Classification Office under section 13(1)(c)
2: Every notice of submission shall be in the form provided for that purpose by the Chief Censor and shall be accompanied by the prescribed fee (if any).
3: Subject to section 16
4: Where the Chief Censor grants leave under this section in relation to a publication, the publication shall be deemed to have been submitted to the Classification Office for a decision on that publication's classification.
5: Where, in relation to a publication, the Chief Censor grants, or refuses to grant, leave under this section, the Chief Censor shall give written notice of—
a: that decision; and
b: in the case of a refusal to grant leave, the reasons for that decision,— to the person who lodged the notice of submission.
6: Where, in relation to a publication, the Chief Censor refuses to grant leave under this section, every person shall, on request, and on payment of such fee (if any) as the Classification Office may determine, be entitled to a copy of the notice given pursuant to subsection (5) in relation to that refusal. 1963 No 22 s 14(3), (4) 1987 No 85 s 19(4), (5)
16: Referral of notice of submission to complaints officer
1: Notwithstanding anything in subsection (3) of section 15
2: On any such referral, the complaints officer shall—
a: consider the publication; and
b: determine whether or not, in his or her opinion, the Chief Censor should give leave under section 15
c: report his or her opinion to the Chief Censor.
3: In making a determination under subsection (2), the complaints officer shall have regard to any guidelines issued for the purpose by the Chief Censor.
4: Where the Chief Censor receives a report under subsection (2)(c) in relation to a publication, the Chief Censor shall take the recommendation in that report into consideration in deciding, under section 15
17: Submission to lapse if publication unobtainable
1: Where a notice of submission relating to a publication is lodged with the Classification Office under section 15(1)
2: If the Classification Office, after taking such steps as are required by subsection (1), is unable to obtain a copy of the publication, that notice of submission shall lapse, and the Classification Office shall notify the person who submitted that notice accordingly. 1987 No 85 s 19(6), (7)
18: Publication not adaptable to equipment in Classification Office
If any publication submitted under section 12 section 13 section 42 section 17(1) 1987 No 85 s 19(8)
19: Notification of submission
1: This section applies if a person (the submitter section 13
2: The Chief Censor must immediately determine the notice of the submission that is to be given to any person (other than the submitter) who the Chief Censor reasonably believes should be given notice of the submission by reason of that person's interest in the publication (being an interest as owner, maker, distributor, or publisher of the publication).
3: The Chief Censor may, before the publication has been classified by the Classification Office, determine—
a: that notice of the submission is to be given to any other specified person or class of persons, in a manner and within a time the Chief Censor specifies:
b: that the fact that the submission has been made is to be publicised, in a manner and within a time the Chief Censor specifies.
4: Having determined under subsection (2) or subsection (3) that notice is to be given or that a fact is to be publicised, unless subsection (5) applies the Chief Censor must direct the submitter to give that notice or to publicise that fact.
5: The Chief Censor must arrange for the Classification Office to give that notice or to publicise that fact if satisfied that giving that notice or publicising that fact would place an undue burden on the submitter. Section 19 substituted 22 February 2005 section 10(1) Films, Videos, and Publications Classification Amendment Act 2005
20: Right to make submissions
1: The following persons may make written submissions to the Classification Office in respect of the classification of any publication submitted to the Classification Office under section 13
a: the Secretary:
b: the person who submitted the publication:
c: any person who is notified under section 19(4) or (5)
d: such other persons who satisfy the Chief Censor that they are likely to be affected by the classification of the publication.
2: Where a publication is referred to the Classification Office under section 29(1) section 41(3) 1963 No 22 s 14(6) Section 20(1)(c) amended 22 February 2005 section 10(2) Films, Videos, and Publications Classification Amendment Act 2005
21: Other assistance
1: In examining any publication for the purposes of this Part, the Classification Office may show the publication to any person whom the Classification Office considers may be able to assist the Office in forming an opinion of the publication on which to base the decision of the Classification Office in respect of the publication.
2: Nothing in this Act relating to the exhibition or display of publications shall apply to the exhibition or display of a publication by or at the request of the Classification Office for the purposes of subsection (1).
3: In examining any publication for the purposes of this Part, the Classification Office may—
a: invite such persons as it thinks fit to make written submissions to the Classification Office in relation to the publication:
b: obtain information from such persons, and make such inquiries, as it thinks fit. 1983 No 130 s 14 1987 No 85 s 22
22: No right to be heard
It shall not be necessary for the Classification Office to hold any hearing, nor, subject to section 20 Interim classification assessments Heading inserted 1 February 2022 section 9 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021
22A: Interim classification assessments by Classification Office
1: This section applies to a publication submitted to the Classification Office for classification under section 13
2: The Classification Office may make an interim classification assessment that the publication is likely to be objectionable.
3: The Classification Office may do so only if the Chief Censor believes that there is an urgent need to notify the public that the content of the publication is likely to be objectionable.
4: The following sections apply to the making of an interim assessment:
a: sections 14 14A 15 17 to 19 21 22
b: section 20
5: The Chief Censor may determine that submissions by the persons listed in section 20(1)
6: The Classification Office may make an interim assessment on the basis of the information that is readily available to it if the Chief Censor considers it is reasonable in the circumstances, including the need for urgency in dealing with the matter.
7: The making of an interim assessment is not a relevant consideration for the purpose of, and does not affect, the later examination and classification of the same publication under section 23 Section 22A inserted 1 February 2022 section 9 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021
22B: Notice, registration, and effect of interim classification assessments
1: The Classification Office must give written notice to the submitter that an interim classification assessment has been made.
2: The notice must contain the following:
a: a description of the publication that was the subject of the interim assessment; and
b: a summary of the reasons for the interim assessment.
3: An interim assessment must be registered under section 39 section 39(3)(a) to (c)
a: a statement that an interim assessment has been made of the publication and the date on which the assessment was made; and
b: the date on which notice of the interim assessment was given under subsection (1) (if applicable); and
c: the date of entry of the interim assessment in the register.
4: An interim assessment has effect for an interim period.
5: An interim period
a: 20 working days after the date of the interim assessment:
b: the date on which a classification decision is made for the relevant publication.
6: This Act applies to a publication during an interim period as if it had been classified as being objectionable under section 23
7: A person, on request and on payment of the applicable fee (if any) as determined by the Classification Office, is entitled to a copy of a notice given under this section. 1993 No 94 ss 38 39 Section 22B inserted 1 February 2022 section 9 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021
22C: No action to lie against officials
The following people are immune from civil and criminal liability for actions done in good faith when carrying out or intending to carry out their official duties relating to interim classification assessments:
a: the Chief Censor:
b: the Deputy Chief Censor:
c: a classification officer:
d: a member of the staff of the Classification Office:
e: a member of the staff of the Department of Internal Affairs:
f: an Inspector. 1993 No 94 ss 119 137 Section 22C inserted 1 February 2022 section 9 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021
22D: No action to lie against service providers and online content hosts
1: A service provider or an online content host is immune from civil and criminal liability if they remove, or prevent access by the public in New Zealand to, an online publication that is the subject of an interim classification assessment.
2: In this section,— online content host section 119A section 119B online publication section 119A service provider section 122A 1993 No 94 ss 119 137 Section 22D inserted 1 February 2022 section 9 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 Examination and classification of publications
23: Examination and classification
1: As soon as practicable after a publication has been submitted or referred to the Classification Office under this Act, the Classification Office shall examine the publication to determine the classification of the publication.
2: After examining a publication, and having taken into account the matters referred to in sections 3 to 3D
a: unrestricted; or
b: objectionable; or
c: objectionable except in any 1 or more of the following circumstances:
i: if the availability of the publication is restricted to persons who have attained a specified age not exceeding 18 years
ii: if the availability of the publication is restricted to specified persons or classes of persons:
iii: if the publication is used for 1 or more specified purposes.
3: Without limiting the power of the Classification Office to classify a publication as a restricted publication, a publication that would otherwise be classified as objectionable may be classified as a restricted publication in order that the publication may be made available to particular persons or classes of persons for educational, professional, scientific, literary, artistic, or technical purposes. 1963 No 22 s 10 1983 No 130 s 15(1), (2) 1987 No 85 s 23(1) Section 23(2) amended 22 February 2005 section 11(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 23(2)(c)(i) amended 22 February 2005 section 11(2) Films, Videos, and Publications Classification Amendment Act 2005
24: Soundtrack to be considered
Where a film is intended to be viewed with an accompanying soundtrack (whether or not the soundtrack is an integral part of the film), an examination of the film under section 23 1983 No 130 s 13(5) 1987 No 85 s 21(4)
25: Classification Office may copy film
1: Where the Classification Office examines any film under this Part, it may make 1 copy of that film, and any accompanying soundtrack, for the purposes of comparing that copy with any film that it subsequently examines.
2: The making of a copy of any film or any soundtrack under this section shall not constitute an infringement of the copyright (if any) in that film or soundtrack or in any material incorporated in that film or soundtrack. 1987 No 85 s 21(5), (6)
26: Classification applies to identical copies
For the purposes of this Act, the classification given to a publication under section 23 section 55 section 56 1987 No 85 s 23(2)
27: Conditions relating to display of restricted publications
1: Where, pursuant to this Part, the Classification Office classifies any publication as a restricted publication, the Classification Office shall in every case consider whether or not conditions in respect of the public display of that publication should be imposed pursuant to this section, and may, at the time of classifying that publication, impose such conditions.
2: In determining whether or not to impose conditions pursuant to this section, and in determining the conditions that it should impose, the Classification Office shall have regard to the following matters:
a: the reasons for classifying the publication as a restricted publication:
b: the terms of the classification given to the publication:
c: the likelihood that the public display of the publication, if not subject to conditions or, as the case may be, any particular condition, would cause offence to reasonable members of the public.
3: Where the Classification Office considers that the public display of the publication, if not subject to conditions under this section, would be likely to cause offence to reasonable members of the public, the Classification Office shall, at the time of classifying that publication, impose such conditions under this section in respect of the public display of that publication as it considers necessary to avoid the causing of such offence.
4: The conditions that may be imposed pursuant to this section in respect of the public display of a publication (other than a film) are as follows:
a: that, when the publication is on public display, the classification given to the publication must be shown by way of a label—
i: issued in accordance with a direction under section 36A(2)
ii: displayed on
iii: brought in some other, more practical or convenient way to the attention of persons to whom the publication is displayed in a manner specified by the Classification Office:
b: that the publication must be publicly displayed only in a sealed package:
c: that where the publication is publicly displayed in a package, the package must be made of opaque material:
d: that—
i: the publication; or
ii: any advertising poster relating to the publication,— or both, must be publicly displayed only in premises, or a part of premises, set aside for the public display of restricted publications (whether or not articles other than restricted publications are also displayed in those premises or that part of those premises):
e: that—
i: the publication; or
ii: any advertising poster relating to the publication,— or both, must not be publicly displayed in any place in which the publication is available for supply, and must be shown in that place only to persons who make a direct request for the publication or, as the case requires, the poster.
5: The conditions that may be imposed pursuant to this section in respect of the public display of a film (other than a film that is video on-demand content)
a: that—
i: the film; or
ii: any film poster relating to the film (whether or not the poster is attached to the cassette, case, or other container in which the film is kept),— or both, must be publicly displayed only in premises, or a part of premises, set aside for the public display of restricted publications (whether or not articles other than restricted publications are also displayed in those premises or that part of those premises):
b: that the film, or any cassette, case, or other container in which the film is kept, must be publicly displayed only in a package made of opaque material:
c: that—
i: the film; or
ii: any film poster relating to the film (whether or not the poster is attached to the cassette, case, or other container in which the film is kept),— or both, must not be publicly displayed in any place in which the film is available for supply, and must be shown in that place only to persons who make a direct request for the film or, as the case requires, the poster.
6: The conditions that may be imposed pursuant to this section in respect of the display of advertising material for video on-demand content that has a restricted classification are as follows:
a: that the advertisement must indicate the classification and any description assigned to the content by way of a label displayed in a manner specified by the Classification Office:
b: that the advertisement may only be displayed, broadcast, or otherwise published, or must not be displayed, broadcast, or published—
i: in places or media specified by the Classification Office:
ii: at or between times specified by the Classification Office:
iii: in association with other advertising or media content of a type specified by the Classification Office:
iv: in circumstances specified by the Classification Office. Section 27(4)(a) substituted 21 May 2005 section 12(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 27(4)(a)(ii) amended 1 October 2012 section 6 Films, Videos, and Publications Classification Amendment Act 2012 Section 27(5) amended 1 August 2021 section 14(1) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 27(6) inserted 1 August 2021 section 14(2) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
28: Further provisions relating to conditions on public display of restricted publications
1: Any 1 or more of the conditions specified in subsection (4) or, as the case may require, subsection (5) of section 27
2: Subject to subsections (2) and (3) of section 27
3: Nothing in section 27(5)
4: For the purposes of this Act, a condition imposed pursuant to subsection (4)(e) or subsection (5)(c) of section 27
a: on the exterior of those premises:
b: in the immediate vicinity of those premises. Referral of publications by courts
29: Character of publications arising in court proceedings
1: Except as provided in subsections (2) and (3), where in any civil or criminal proceedings before a court (including any proceedings under section 116 but not including proceedings under section 67
a: is objectionable; or
b: is objectionable except in any 1 or more of the following circumstances:
i: if the availability of the publication is restricted to persons who have attained a specified age:
ii: if the availability of the publication is restricted to specified persons or classes of persons:
iii: if the publication is used for 1 or more specified purposes,— the court shall refer the question to the Classification Office for decision, and the Classification Office shall have exclusive jurisdiction to determine the question.
2: Where in any civil or criminal proceedings the defendant admits that a publication—
a: is objectionable; or
b: is objectionable except in any 1 or more of the circumstances referred to in subsection (1)(b),— the court may accept that admission and dispense with a reference to the Classification Office.
3: Where the Classification Office or the Board has classified a publication under this Act, the production in any proceedings of a copy, certified by the Classification Office, of the entry in the register recording that decision, together with a certificate from the Classification Office that the decision is still in force, shall be sufficient proof in any court of the decision, and if that decision is conclusive proof of the classification of that publication under section 41 1963 No 22 s 12 1987 No 85 s 20 1990 No 59 s 4 Section 29(1) amended 5 December 2017 section 7 Films, Videos, and Publications Classification (Interim Restriction Orders) Amendment Act 2017
30: Report of findings to be sent to court
Where the Classification Office has classified any publication referred to it pursuant to section 29(1) section 41(3) 1987 No 85 s 25(1)
31: When decision on publication referred by court to take effect
Where,—
a: in any civil or criminal proceedings, a publication is referred to the Classification Office pursuant to section 29(1) section 41(3)
b: the Classification Office makes a decision with respect to that publication,— then, subject to section 55(3)
c: if no application for a review of that decision is lodged pursuant to section 47 section 48A
d: if an application for a review of that kind is lodged before that deadline, the Board has made a decision 1987 No 85 s 26 Section 31(c) substituted 22 February 2005 section 19(2) Films, Videos, and Publications Classification Amendment Act 2005 Section 31(d) substituted 22 February 2005 section 19(2) Films, Videos, and Publications Classification Amendment Act 2005 Section 31(d) amended 1 October 2012 section 7 Films, Videos, and Publications Classification Amendment Act 2012 Excisions from and alterations to films
32: Excisions from and alterations to films
Notwithstanding anything in section 23 section 29(1) section 41(3) section 33 1983 No 130 s 15(3) 1987 No 85 s 24(1)
33: Procedure for making excisions and alterations
1: In any case to which section 32
a: the classification that the Classification Office would give to the film if any specified part or parts of the film were excised or altered to the satisfaction of the Classification Office; and
b: the classification that the Classification Office would give to the film if the specified part or parts of the film were not excised or altered to the satisfaction of the Classification Office.
2: If the authorised distributor of the film agrees to each such excision or alteration to the satisfaction of the Classification Office, the Classification Office shall classify that film in accordance with section 23
3: If the authorised distributor of the film refuses or fails, within 20 working days after the date of the Classification Office's notice, or within such further period as the Classification Office may allow, to agree to any such alteration or excision to the satisfaction of the Classification Office, the Classification Office shall classify the film in accordance with section 23
4: If the authorised distributor of the film agrees to some but not all of the excisions or alterations, the Classification Office shall classify the film in accordance with section 23
5: In determining whether to exercise, or in exercising, the Classification Office's powers under this section in respect of any film, the Classification Office may consider the effect that any such excision or alteration may have on the continuity of the film or on its overall effect. 1983 No 130 s 16(1)–(7) 1987 No 85 s 24(2)–(6)
34: Classification to apply only if excisions and alterations actually made
Where, pursuant to subsection (2) or subsection (4) of section 33
a: that classification shall apply in respect of that film only if those excisions or alterations are in fact made; and
b: the Classification Office shall not direct the labelling body to issue a label in respect of that film unless the Classification Office is satisfied that those excisions or alterations have been made. 1987 No 85 s 24(7)
35: Provisions to apply to soundtracks
Sections 32 to 34 1983 No 130 s 16(11) 1987 No 85 s 24(8) Issue of labels
36: Issue of labels in respect of films
1: Where the Classification Office has examined and classified a film submitted to it pursuant to section 12 section 34(b)
1A: If the Classification Office has examined and classified commercial video on-demand content referred to it by a specified CVoD provider pursuant to section 46E(3) section 34(b)
2: If the Classification Office has examined and classified a film submitted to it under section 13 42 section 29(1) 41(3)
a: in the case of commercial video on-demand content made available, or intended to be made available, by a specified CVoD provider, direct the provider to issue a label in respect of that content; or
b: in any other case, if the Classification Office is satisfied that the film is available for public supply or public exhibition, or is intended to be made available for public supply or public exhibition, direct the labelling body to issue a label in respect of that film.
2A: Subsection (2) is subject to subsection (4) and section 34(b)
3: Every direction under subsection (1), (1A), or (2)
a: either,—
i: where the Classification Office has classified the film as unrestricted, the rating to be assigned to that film; or
ii: where the Classification Office has classified the film as a restricted publication, the classification of that film; and
b: where appropriate, the description to be assigned to that film; and
c: where, pursuant to section 27
4: The Classification Office shall not direct the labelling body or a specified CVoD provider
5: If, under subsection (2), the Classification Office directs the labelling body or a specified CVoD provider to issue a label in respect of any film, any label previously issued in respect of that film by the labelling body or specified CVoD provider, and any previous direction by the Classification Office to the labelling body or specified CVoD provider to issue a label in respect of that film, must, for the purposes of this Act, be deemed to be cancelled. 1987 No 85 s 25(2)–(6) Section 36(1A) inserted 1 August 2021 section 15(1) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 36(2) replaced 1 August 2021 section 15(2) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 36(2A) inserted 1 August 2021 section 15(2) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 36(3) amended 1 August 2021 section 15(3) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 36(4) amended 1 August 2021 section 15(4) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 36(5) replaced 1 August 2021 section 15(5) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
36A: Issue of labels in respect of other publications that are classified as restricted publications
1: This subsection applies to a publication (other than a film) if the Classification Office has—
a: examined the publication and classified it as a restricted publication; and
b: imposed pursuant to section 27(4)(a)
2: If subsection (1) applies to a publication, the Classification Office must direct the labelling body to issue in respect of the publication a label that specifies the classification given to the publication.
3: Where, under subsection (2), or following an order under section 55(1)(da)
a: any label previously issued in respect of the publication by the labelling body; and
b: any previous direction by the Classification Office to the labelling body to issue a label in respect of the publication. Section 36A inserted 21 May 2005 section 13 Films, Videos, and Publications Classification Amendment Act 2005 Serial publications
37: Serial publications
1: Where it has been determined under this Act that no fewer than 3 issues of a serial publication that have been published within a period of not more than 12 months are objectionable or are restricted publications, the Classification Office may, where any issue of that publication is before the Classification Office for the purposes of this Part, make an order (in this section called a serial publication order
2: The Classification Office shall not make a serial publication order the effect of which is that issues of a serial publication will be treated as objectionable, unless the Classification Office is satisfied that, having regard to the issues of that serial publication that have been classified as objectionable, issues of that serial publication that are published while the order is in force would be likely to be classified as objectionable.
3: Every serial publication order—
a: shall show whether the issues of the serial publication to which it relates are to be treated as objectionable or as restricted publications and, in the latter case, particulars of the classification; and
b: shall come into force on the day after the date of its entry in the register; and
c: shall, unless sooner revoked, remain in force for such period, not exceeding 2 years, as is specified in the order; and
d: shall apply to every issue of that serial publication that is published while the order is in force.
4: Where—
a: the Classification Office makes a serial publication order under which the issues of a serial publication are to be treated as restricted publications; and
b: the Classification Office has imposed conditions pursuant to section 27 the Classification Office may include, as part of the terms of that order, such conditions on the public display of the issues to which the order applies, or any advertising posters relating to those issues, or both, as it would be empowered to impose pursuant to that section if those issues were classified as restricted publications.
5: While any serial publication order is in force in respect of any serial publication, no person shall do any act or thing in relation to any issue to which the order applies (other than an issue that has been classified by the Classification Office or the Board) that would be an offence against any of sections 123 to 129
6: Where, pursuant to subsection (4), the Classification Office, as part of any serial publication order, includes any condition on the public display of the issues to which the order applies, or any advertising posters relating to those issues, or both, then, while that serial publication order is in force in respect of that serial publication, no person shall do any act or thing in relation to any such issue or, as the case requires, any such advertising poster that would be an offence against section 130 section 27
7: Nothing in subsection (6) applies in respect of any issue that has been classified by the Classification Office or the Board.
8: The Classification Office may, on the application of any of the following persons, revoke or vary the terms of any serial publication order:
a: the applicant for the order:
b: the Secretary:
c: the owner, maker, publisher, or authorised distributor of the publication to which the order relates:
d: any other person who satisfies the Chief Censor that the person is detrimentally affected by the existence of the order. 1963 No 22 s 15A 1972 No 136 s 5 Notice of classification decisions Heading replaced 1 October 2012 section 8 Films, Videos, and Publications Classification Amendment Act 2012
38: Decisions of Classification Office
1: Where the Classification Office makes a decision in respect of any publication submitted to the Classification Office under section 13 section 42
2: Every notice under subsection (1) shall specify—
a: the reasons for the decision; and
ab: the reasons an interim classification assessment was made under section 22A
b: the classification given to the publication; and
c: where, pursuant to section 27
d: in the case of a film, the terms of any direction given to the labelling body or a specified CVoD provider section 36
e: in the case of a publication (other than a film) that is the subject of a condition imposed pursuant to section 27(4)(a) section 36A(2)
3: Every person shall, on request, and on payment of such fee (if any) as the Classification Office may determine, be entitled to a copy of any notice given pursuant to this section. 1963 No 22 s 16(1) 1983 No 130 s 18 1987 No 85 s 27 Section 38(2)(ab) inserted 1 February 2022 section 10 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 Section 38(2)(d) substituted 21 May 2005 section 14 Films, Videos, and Publications Classification Amendment Act 2005 Section 38(2)(d) amended 1 August 2021 section 16 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 38(2)(e) added 21 May 2005 section 14 Films, Videos, and Publications Classification Amendment Act 2005 Classification decisions made on or after 1 October 2012 Heading inserted 1 October 2012 section 9 Films, Videos, and Publications Classification Amendment Act 2012
39: Register of classification decisions made on or after 1 October 2012
1: The Chief Censor must establish and maintain a register of classification decisions made on or after 1 October 2012.
2: The register must be established and maintained in an electronic medium.
3: There must be entered in the register for each publication examined by the Classification Office or the Board the following information:
a: the decision as to the publication's classification; and
b: the date on which notice of the decision was given, under section 38(1) section 55(1)(c)
c: the date of entry of the decision in the register; and
d: such other information as may be prescribed in regulations made under section 149
4: The information specified in subsection (3) must be entered in the register,—
a: in the case of a publication examined by the Classification Office, within 5 working days after the date on which, under section 38(1)
b: in the case of a publication examined by the Board, within 5 working days after the date on which, under section 55(1)(c)
5: The Chief Censor must take all reasonable steps to ensure that the information contained in the register is available at all reasonable times for inspection by the public.
6: The Chief Censor must supply to any person a paper or an electronic copy of all or part of the register on request and on payment of a reasonable charge for the production of the copy. Section 39 replaced 1 October 2012 section 10 Films, Videos, and Publications Classification Amendment Act 2012
40: Search criteria
1: The register must be established and maintained so that it may be searched by reference to all or any 1 or more of the following criteria:
a: the title of a publication:
b: a specified date or period of entry of decisions in the register:
c: a kind of classification.
2: The register may be established and maintained so that it may be searched by reference to any criteria additional to the criteria in subsection (1). Section 40 replaced 1 October 2012 section 10 Films, Videos, and Publications Classification Amendment Act 2012
41: Decisions to be conclusive evidence
1: Subject to subsection (2) and to sections 42 47 58
a: is not objectionable; or
b: is objectionable; or
c: is objectionable except in any 1 or more of the following circumstances, as specified in the decision:
i: if the availability of the publication is restricted to persons who have attained a specified age:
ii: if the availability of the publication is restricted to specified persons or classes of persons:
iii: if the publication is used for 1 or more specified purposes.
2: Where any person is charged with an offence against this Act or any other enactment, nothing in subsection (1) shall prevent that person from challenging any decision of the Classification Office or the Board in respect of any publication if not less than 1 year has elapsed since that decision was entered in the register in accordance with section 39
3: Where subsection (2) applies in respect of any decision of the Classification Office or the Board, the court shall, at the request of the person so charged, refer the decision to the Classification Office for reconsideration, or to the Board where the decision to be reconsidered is a decision of the Board. 1963 No 22 s 18(1), (2) 1987 No 85 s 29 Section 41(2) amended 1 October 2012 section 11 Films, Videos, and Publications Classification Amendment Act 2012
42: Reconsideration of publications
1: Any person may, with the leave of the Chief Censor, submit any publication to the Classification Office for reconsideration of the last decision of the Classification Office or the Board in respect of that publication if not less than 3 years have elapsed since that decision was entered in the register in accordance with section 39
2: Any owner, maker, publisher, or authorised distributor of a publication may submit that publication to the Classification Office for reconsideration of the last decision of the Classification Office or the Board in respect of that publication if not less than 3 years have elapsed since that decision was entered in the register in accordance with section 39
3: Notwithstanding that the period specified in subsection (1) or subsection (2) has not expired, any person may, with the leave of the Chief Censor, submit any publication to the Classification Office for reconsideration of any decision made in respect of it within the period referred to in those subsections if—
a: in the case of a film, the film has been substantially altered since that decision; or
b: the Chief Censor is satisfied that there are special circumstances justifying reconsideration of the decision. 1963 No 22 s 20 1983 No 130 s 19 1987 No 85 s 30 1990 No 59 s 6(2) Section 42(1) amended 1 October 2012 section 12 Films, Videos, and Publications Classification Amendment Act 2012 Section 42(2) amended 1 October 2012 section 12 Films, Videos, and Publications Classification Amendment Act 2012 Classification decisions made before 1 October 2012 Heading inserted 1 October 2012 section 13 Films, Videos, and Publications Classification Amendment Act 2012
42A: Register of classification decisions made before 1 October 2012
1: The Chief Censor must—
a: continue to maintain, in any form the Chief Censor considers appropriate, the register that was established under section 39 section 10 Films, Videos, and Publications Classification Amendment Act 2012
b: continue to make that register open to inspection by the public during ordinary office hours.
2: Nothing in this section prevents the Chief Censor combining—
a: the register that continues to be maintained under subsection (1); and
b: the register that is established and maintained under section 39 section 10 Films, Videos, and Publications Classification Amendment Act 2012
3: If the Chief Censor combines the registers referred to in subsection (2), the search criteria in section 40 Section 42A inserted 1 October 2012 section 13 Films, Videos, and Publications Classification Amendment Act 2012
42B: Classification Office to publish list of decisions made before 1 October 2012
1: The Classification Office must continue to—
a: keep the lists produced in accordance with section 40 prior to the repeal of that section by section 10 Films, Videos, and Publications Classification Amendment Act 2012
b: make those lists open to inspection by the public during ordinary office hours; and
c: supply to any person on request, and on payment of a fee (if any), a copy of any such list.
2: Any fee charged under subsection (1)(c) must be no more than is reasonably required to recover the cost of supplying the list. Section 42B inserted 1 October 2012 section 13 Films, Videos, and Publications Classification Amendment Act 2012
42C: Saving in respect of decisions made before 1 October 2012
The provisions of this Act and the Films, Videos, and Publications Classification Regulations 1994 continue to apply to decisions made by the Classification Office or Board before 1 October 2012 as if the Films, Videos, and Publications Classification Amendment Act 2012 Section 42C inserted 1 October 2012 section 13 Films, Videos, and Publications Classification Amendment Act 2012 Film posters
43: Film posters
Where, in accordance with regulations made under this Act, the Classification Office refuses to approve any film poster used or intended to be used in relation to the public supply or public exhibition of any film submitted to the Classification Office under section 12 section 13 sections 29(3) 39(2) 41 42 Exemptions
44: Applications for exemption
1: Where any publication has been classified under this Act as an objectionable publication or a restricted publication, any person may apply to the Classification Office for an exemption from the provisions of this Act in respect of that publication.
2: Every application shall be in the form provided for that purpose by the Chief Censor and shall be accompanied by the prescribed fee (if any).
3: On receiving an application under this section in relation to a publication, the Classification Office,—
a: after taking into account the matters referred to in section 3
b: if it is satisfied that the publication should be made available to a limited class of persons or to a particular person for educational, professional, scientific, literary, artistic, or technical purposes,— may exempt that class of persons or that person from the provisions of this Act in respect of that publication for such period as the Classification Office thinks fit.
4: For the purposes of making a decision on any application under this section, section 21
5: The Classification Office shall not decline an application under this section without giving the applicant—
a: a copy of any information on which the Classification Office relies in proposing to decline the application; and
b: a reasonable opportunity to make written submissions to the Classification Office in relation to that information.
6: An exemption under this section may be granted absolutely, or subject to such conditions as may be specified in any regulations made under this Act or as may be imposed by the Classification Office.
7: An exemption under this section is secondary legislation ( see Part 3 1963 No 22 s 31(1) 1987 No 85 s 64(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 It is not required to be published. However, the maker must comply with section 45 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 44(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
45: Notification of decision
1: Where the Classification Office makes a decision in respect of any application made under section 44
2: Every notice under subsection (1) shall specify—
a: the reasons for the decision; and
b: if the exemption has been granted, the terms of the exemption, including—
i: the period for which the exemption is to continue; and
ii: the conditions (if any) to which the exemption is subject.
46: Burden of proof
In any prosecution for an offence against this Act, the burden of proving that the defendant was exempted under section 44 1963 No 22 s 31(2) 1987 No 85 s 64(2)
3A: Labelling requirements for specified CVoD providers’ commercial video on-demand content
Part 3A inserted 1 August 2021 section 7 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
46A: Purpose of Part
The purpose of this Part is to reduce the risk of psychological and physical harm to people who view commercial video on-demand content, particularly vulnerable people and children, by enabling informed viewing decisions through requiring consistent and informative content labelling by specified CVoD providers. Section 46A inserted 1 August 2021 section 7 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
46B: Extraterritorial application to specified CVoD providers
This Act, and any regulations made under it, apply in respect of commercial video on-demand content that is made available in New Zealand by a specified CVoD provider, regardless of whether the provider is resident or incorporated in New Zealand or outside New Zealand. Section 46B inserted 1 August 2021 section 7 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
46C: Duty to label commercial video on-demand content
1: Before making commercial video on-demand content available to persons in New Zealand, a specified CVoD provider must ensure that the content has been labelled in accordance with this Act.
2: The label must be displayed in the prescribed manner and must include any classification or rating assigned to the content and any description assigned to the content.
3: This section is subject to section 8 Section 46C inserted 1 August 2021 section 7 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
46D: Content previously labelled or classified
1: If a specified CVoD provider intends to make commercial video on-demand content available to persons in New Zealand and a label for that content has previously been issued under this Act, the provider must issue a label that contains the same classification or rating and the same description (if any) that was contained in the label that was previously issued.
2: If a specified CVoD provider intends to make commercial video on-demand content available to persons in New Zealand and that content has previously been classified under this Act, but no label has been issued for that content, the provider must refer that content to the Classification Office for a direction under section 36
3: Subsections (1) and (2) apply irrespective of whether the content is in the same technical form or a different technical form. Section 46D inserted 1 August 2021 section 7 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
46E: Content not previously labelled or classified
1: If a specified CVoD provider intends to make available to persons in New Zealand commercial video on-demand content to which a label has not been assigned under this Act, the provider must label the commercial video on-demand content by—
a: using an approved self-rating system; or
b: applying to the labelling body under section 9(1)
2: Unless the approved self-rating system used by the provider identifies the commercial video on-demand content as potentially being objectionable, the provider must apply the label generated by the approved self-rating system.
3: If the approved self-rating system used by the provider identifies the commercial video on-demand content as potentially being objectionable, the provider must refer that content to the Classification Office for classification. Section 46E inserted 1 August 2021 section 7 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
46F: How ratings and descriptions must be determined
1: The rating and description assigned to commercial video on-demand content by a specified CVoD provider using an approved self-rating system must be consistent with the purpose of this Part, taking into account all of the following factors:
a: the dominant effect of the content as a whole:
b: the persons, classes of persons, or age groups of the persons to whom the content is intended or is likely to be made accessible:
c: the extent to which, and the manner in which, the content deals with sex, horror, crime, terrorism, cruelty, violence, torture, sexual violence, sexualisation of children, self-harm, or offensive language or behaviour:
d: whether and how the content—
i: degrades or dehumanises or demeans any person:
ii: represents (whether directly or by implication) that members of any particular class of the public are inherently inferior to other members of the public by reason of any characteristic of members of that class, being a characteristic that is a prohibited ground of discrimination specified in section 21(1)
e: any other aspect of the content which is likely to be of concern to parents and young people or to cause harm to persons who view that content:
f: any literary, artistic, social, cultural, educational, or scientific importance, merit, or value of the content:
g: any other factors prescribed in regulations.
2: The rating must indicate whether the content is—
a: suitable for all audiences; or
b: suitable for all audiences with parental guidance for children; or
c: suitable for mature audiences; or
d: unsuitable for audiences under a specified age.
3: The description, if applicable, must—
a: be in the prescribed form; and
b: describe those aspects of the content that are likely to be of concern to parents and young people or to cause harm to persons who view it. Section 46F inserted 1 August 2021 section 7 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
46G: Approval of providers’ self-rating systems
1: A specified CVoD provider may apply to the Chief Censor for approval of a system to be used by the provider to rate and label the provider’s commercial video on-demand content.
2: Every application must contain the prescribed information and be accompanied by the prescribed fee (if any).
3: The Chief Censor may approve the self-rating system for use by the provider if the Chief Censor is satisfied that use of the system will enable the provider to meet the requirements of section 46F
4: The Chief Censor’s approval may be subject to any terms and conditions that the Chief Censor considers are necessary for the purposes of subsection (3). Section 46G inserted 1 August 2021 section 7 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
46H: Chief Censor must annually review approved self-rating systems
1: The Chief Censor must annually review each approved self-rating system used by a specified CVoD provider.
2: A specified CVoD provider must pay the prescribed fee (if any) for the annual review. Section 46H inserted 1 August 2021 section 7 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
46I: Suspension and cancellation of approvals
1: The Chief Censor may, at any time, give notice to a specified CVoD provider that the approval of the self-rating system used by the provider is suspended if the Chief Censor considers that the provider is not using the self-rating system in accordance with any terms and conditions of the approval.
2: A notice under subsection (1) must specify the reasons for the suspension.
3: The Chief Censor may cancel the approval if—
a: the Chief Censor has notified the specified CVoD provider of a suspension in accordance with subsections (1) and (2) and given the provider a reasonable opportunity to address the Chief Censor’s concerns; and
b: the provider has failed to address those concerns.
4: If an approval is suspended under this section, during the period of suspension, the system to which the approval relates is not an approved self-rating system.
5: If an approval is cancelled under this section, the system to which the approval relates is not an approved self-rating system from the date of the cancellation. Section 46I inserted 1 August 2021 section 7 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
46J: Complaints process
1: Any person may complain to the Chief Censor about the rating or description assigned by a specified CVoD provider to commercial video on-demand content.
2: After receiving a complaint, the Chief Censor may—
a: refer the complaint to the provider, along with any comment or recommendation the Chief Censor considers appropriate, and require the provider to consider the complaint and respond to the complainant; or
b: classify the content under section 13(3)
c: decline to take further action, if the Chief Censor considers that the content has been correctly labelled.
3: After making a decision in accordance with subsection (2), the Chief Censor must advise the person who made the complaint of the decision and the reasons for the decision. Section 46J inserted 1 August 2021 section 7 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
4: Review of classification decisions
Applications for review
47: Right of review
1: Any of the persons specified in subsection (2) who are dissatisfied with any decision of the Classification Office with respect to the classification of any publication shall be entitled, on application, to have the publication reviewed by the Board.
2: The following persons may seek a review under subsection (1):
a: where the publication has been submitted to the Classification Office pursuant to section 13 section 42
b: where the publication has been submitted to the Classification Office by the labelling body pursuant to section 12
c: where the publication has been referred to the Classification Office by a court pursuant to section 29(1) section 41(3)
d: in all cases, the owner, maker, publisher, or authorised distributor of the publication:
e: with the leave of the Secretary, any other person.
3: Every application for the leave of the Secretary under subsection (2)(e) must—
a: be made in the prescribed manner; and
b: be lodged with the Secretary before the deadline specified in subsection (3A).
3A: The deadline referred to in subsection (3)(b) is the end of ordinary office hours on the 20th working day after the day on which the relevant decision of the Classification Office is entered in the register in accordance with section 39
4: For the purposes of this section, a decision of the Classification Office under section 27 1983 No 130 s 30 1987 No 85 s 36 Section 47(3) substituted 22 February 2005 section 17(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 47(3A) inserted 22 February 2005 section 17(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 47(3A) amended 1 October 2012 section 14 Films, Videos, and Publications Classification Amendment Act 2012
48: Applications for review
1: Every application for a review under section 47
a: be in the prescribed form; and
b: be lodged with the Secretary before the relevant deadline specified in section 48A
c: be accompanied by the prescribed fee (if any).
2: On receiving under this section an application for review the Secretary must, if satisfied that it complies with subsection (1), forward it forthwith to the President of the Board. 1983 No 130 s 31 1987 No 85 s 37 1990 No 58 s 8(2)(a) 1990 No 59 s 6(2) Section 48(1)(b) substituted 22 February 2005 section 18(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 48(2) substituted 22 February 2005 section 18(2) Films, Videos, and Publications Classification Amendment Act 2005
48A: Deadline for lodging applications for review
The deadline referred to in section 48(1)(b)
a: if the person concerned requires the leave of the Secretary under section 47(2)(e)
i: the fifth working day after the day on which that leave is granted by the Secretary; or
ii: the 30th working day after the day on which the relevant decision of the Classification Office is entered in the register in accordance with section 39
b: in every other case, the end of ordinary office hours on the 30th working day after the day on which the relevant decision of the Classification Office is entered in the register in accordance with section 39 Section 48A inserted 22 February 2005 section 19(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 48A(a)(ii) amended 1 October 2012 section 15 Films, Videos, and Publications Classification Amendment Act 2012 Section 48A(b) amended 1 October 2012 section 15 Films, Videos, and Publications Classification Amendment Act 2012 Interim restrictions on review
49: Interim restriction orders on review
1: A person who is entitled, under section 53(2) section 47
2: The President must, as soon as practicable,—
a: grant the application, if he or she is satisfied that it is in the public interest to do so; or
b: decline the application.
3: If the President grants the application, he or she must make an interim restriction order in respect of the publication that—
a: prohibits the doing of any act or thing in relation to the publication that, if the publication were an objectionable publication, would be an offence against any of the following:
i: section 123(1)(c), (d), or (e)
ii: section 127
iii: section 129
b: restricts the availability of the publication to—
i: persons who have attained the age of 18 years or a specified younger age; or
ii: specified persons or classes of persons; or
c: restricts the use of the publication to 1 or more specified purposes (which may be made in conjunction with an order made under paragraph (b)).
4: When determining whether to make an order under subsection (3)(b) or (c), the President need not take into account the matters referred to in sections 3(4)(a) to (f) 3A 3B Section 49 replaced 5 December 2017 section 4 Films, Videos, and Publications Classification (Interim Restriction Orders) Amendment Act 2017
50: Notification of interim restriction order
1: Every interim restriction order shall be published in the Gazette
2: As soon as reasonably practicable after an interim restriction order is made, the person on whose application the order is made shall—
a: advertise the making of the order, in such manner as the President of the Board shall direct; and
b: serve notice of the making of the order on such persons or classes of persons as the President of the Board shall direct.
3: Every person on whom notice of the making of an interim restriction order is served shall, if that person has furnished the publication to which the order relates to any other person for distribution, exhibition, or supply, give, where practicable and as soon as reasonably practicable, a notice of the making of the order to that other person. 1963 No 22 ss 14A(6), (7), 14B(4) 1972 No 136 s 3 1977 No 79 s 3
51: Duration and revocation of interim restriction order
1: Every interim restriction order shall come into force on the day on which it is made and, unless sooner revoked, shall remain in force until the review of the publication to which the order relates is completed by the Board.
2: The President of the Board may, on the application of any of the following persons, or on the President's own motion, revoke an interim restriction order:
a: the applicant for the order:
b: the owner, maker, publisher, or authorised distributor of the publication to which the order relates:
c: any other person who satisfies the President of the Board that the person is detrimentally affected by the existence of the order.
3: Every order under this section that revokes an interim restriction order shall be published in the Gazette 1963 No 22 s 14B(3) 1977 No 79 s 3 Conduct of reviews
52: Conduct of reviews
1: Every review under this Part shall be conducted as soon as practicable.
2: Every review under this Part shall be by way of re-examination of the publication by the Board without regard to the decision of the Classification Office.
3: The Board shall examine any publication submitted to it under section 47
4: In determining the classification of any publication, the Board shall take into account the matters referred to in sections 3 to 3D 1983 No 130 s 33(1)–(3) 1987 No 85 s 38(1)–(3) Section 52(4) amended 20 September 2007 section 4 Films, Videos, and Publications Classification Amendment Act 2007
53: Procedure
1: Except as provided in subsections (2) to (4) or in section 54
2: The following persons shall be entitled to make written submissions to the Board in relation to a publication submitted for review:
a: the applicant for review:
b: if the applicant for review is a party to the proceeding referred to in section 47(2)(c)
c: any other person who satisfies the Board that the person is likely to be affected by the Board's decision.
3: The Board may, on the application of any person who is entitled to make written submissions to the Board in respect of the review, or on its own motion, hold a hearing for the purposes of hearing oral submissions in respect of any review.
4: At any hearing held by the Board under subsection (3), the following persons shall be entitled to appear and be heard, and may, with the leave of the Board, be represented by counsel or some other duly authorised person:
a: any person who is entitled to make written submissions to the Board in respect of the review:
b: any person who is invited, pursuant to any of subsections (2) to (4) of section 54 1983 No 130 s 33(4) 1987 No 85 s 38(4)
54: Consultation
1: For the purposes of any review under this Part, the Board shall have the same power to consult any person (including the Classification Office), invite written submissions, obtain information, and make inquiries as is conferred on the Classification Office by section 21
2: If the Board consults the person submitting the publication for review, or receives written submissions from that person or any other person in accordance with section 53(2)
3: If the Board consults the Classification Office otherwise than on purely technical matters, it shall notify the person submitting the publication for review, and, if that person is a party to the proceeding referred to in section 47(2)(c)
4: If the Board consults any person who is a party to the proceeding referred to in section 47(2)(c) 1983 No 130 s 33(5) 1987 No 85 s 38(5)–(7)
55: Decision of Board
1: After examining any publication submitted to it for review, the Board shall—
a: classify the publication in accordance with section 23(2)
b: where the Board has classified the publication as a restricted publication, determine in accordance with section 27
c: give written notice of its decision, and of the reasons for its decision, to—
i: the applicant for review; and
ii: the Classification Office; and
iii: if the review is in respect of a publication referred to the Classification Office by a court pursuant to section 29 section 41(3)
d: where the review is in respect of a film submitted to the Classification Office pursuant to section 12 section 36
da: where the review is in respect of a publication (other than a film) and the Board imposes a condition pursuant to section 27(4)(a) section 36A(2)
e: direct the Classification Office to enter the Board's decision in the register.
2: Notwithstanding anything in subsection (1), on any review of a publication, the Board shall have the same powers as are conferred on the Classification Office by this Act (other than the powers conferred by section 37
2A: Before giving written notice of its decision under subsection (1)(c), the Board may inform the persons specified in that paragraph of—
a: the classification given to the publication under subsection (1)(a); and
b: any conditions imposed under subsection (1)(b).
3: Where the Board makes any decision section 47 section 27 1983 No 130 s 33(6), (7) 1987 No 85 s 38(8)–(10) 1990 No 58 s 9 1990 No 59 s 7 Section 55(1)(da) inserted 21 May 2005 section 20 Films, Videos, and Publications Classification Amendment Act 2005 Section 55(1)(e) replaced 1 October 2012 section 16(1) Films, Videos, and Publications Classification Amendment Act 2012 Section 55(2A) inserted 1 October 2012 section 16(2) Films, Videos, and Publications Classification Amendment Act 2012 Section 55(3) amended 1 October 2012 section 16(3) Films, Videos, and Publications Classification Amendment Act 2012
56: Reconsideration of decisions referred under section 41(3)
Where, under section 41(3) section 52 sections 53 to 55 1987 No 85 s 39
57: Board may state case for High Court
The Board may, on its own motion, state a case for the opinion of the High Court on any question of law arising in any matter before the Board. 1983 No 130 s 36 1987 No 85 s 40 1991 No 60 s 3(4)
5: Appeals
Appeal to High Court
58: Appeal against decision of Board on question of law
1: Where the Board makes any decision section 41(3) section 47 decision
2: The following persons may appeal under subsection (1):
a: the person who sought the review, by the Board, of the publication in respect of which the decision
b: where the decision section 41(3)
c: where the review by the Board was sought pursuant to paragraph (c) of section 47(2)
d: the owner, maker, publisher, or authorised distributor of the publication in respect of which the decision
3: Subject to this Part, every appeal under this section shall be dealt with in accordance with rules of court. 1983 No 130 s 37 1987 No 85 s 41 1990 No 58 s 8(2)(b) 1991 No 60 s 3(4) Section 58(1) amended 1 October 2012 section 17 Films, Videos, and Publications Classification Amendment Act 2012 Section 58(2)(a) amended 1 October 2012 section 17 Films, Videos, and Publications Classification Amendment Act 2012 Section 58(2)(b) amended 1 October 2012 section 17 Films, Videos, and Publications Classification Amendment Act 2012 Section 58(2)(d) amended 1 October 2012 section 17 Films, Videos, and Publications Classification Amendment Act 2012
59: Notice of appeal
1: Every appeal under section 58 the decision is given
a: the Registrar of the High Court at Wellington; and
b: the Secretary.
1A: For the purpose of subsection (1), a decision is given when the Board gives written notice, under section 55(1)(c)
2: Subject to section 60 section 58 decision
3: Service under subsection (2), if by post, shall be by registered letter and shall, for the purposes of this section, be deemed in the absence of evidence to the contrary to be effected at the time when the letter would be delivered in the ordinary course of post.
4: Every notice of appeal shall specify—
a: the decision decision
b: the error of law alleged by the appellant; and
c: the question of law to be resolved; and
d: the grounds of the appeal, which grounds shall be specified with such reasonable particularity as to give full advice to both the court and the other parties of the issues involved.
5: The Secretary shall, as soon as practicable after receiving a notice of appeal, send a copy of the whole of the decision 1983 No 130 s 38 1987 No 85 s 42 1990 No 58 s 8(3) Section 59(1) amended 1 October 2012 section 18(1) Films, Videos, and Publications Classification Amendment Act 2012 Section 59(1A) inserted 1 October 2012 section 18(2) Films, Videos, and Publications Classification Amendment Act 2012 Section 59(2) amended 1 October 2012 section 18(3) Films, Videos, and Publications Classification Amendment Act 2012 Section 59(4)(a) amended 1 October 2012 section 18(3) Films, Videos, and Publications Classification Amendment Act 2012 Section 59(5) amended 1 October 2012 section 18(3) Films, Videos, and Publications Classification Amendment Act 2012
60: Court may dispense with service
Where any person cannot be served with a notice of appeal in accordance with section 59(2) 1989 No 24 s 155
61: Right of other parties to appear and be heard on appeal
1: If any of the persons on whom a copy of the notice of appeal is required to be served under section 59(2)
2: If any such person gives a notice of intention to appear and be heard, that party and the appellant shall be parties to the appeal and shall be entitled—
a: to be served with every document that, after the giving of the notice, is filed or lodged with the Registrar relating to the appeal; and
b: to receive a notice of the date set down for the hearing of the appeal. 1983 No 130 s 39 1987 No 85 s 43 1990 No 58 s 8(4)
62: Appeal in respect of additional points of law
1: Where any party to an appeal under section 58 decision
2: The provisions of section 58 section 59 section 60 sections 63 to 66 1983 No 130 s 42 1987 No 85 s 46 Section 62(1) amended 1 October 2012 section 19 Films, Videos, and Publications Classification Amendment Act 2012
63: Orders relating to determination of appeals
1: Subject to subsections (2) and (3), the High Court may, on its own motion or on the application of any party to the appeal, make all or any of the following orders:
a: an order directing the Secretary to lodge with the Registrar of the High Court at Wellington any document or other written material or any exhibit in the possession or custody of the Secretary:
b: an order directing the Secretary to lodge with the Registrar a report recording, in respect of any matter or issue that the court may specify, any of the findings of fact of the Board that are not set out, or fully set out, in its decision
c: an order directing the Secretary to lodge with the Registrar a report setting out, in respect of any matter or issue that the court may specify, any reasons or considerations of the Board to which the Board had regard but that are not set out in its decision
2: An application under subsection (1) shall be made,—
a: in the case of the appellant, within 20 working days after the date of the lodging of the notice of appeal; or
b: in the case of any other party to the appeal, within 20 working days after the date of the service on that party 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 the point of law in issue so requires; and the order may be made subject to such conditions as the High Court thinks fit. 1983 No 130 s 40 1987 No 85 s 44 Section 63(1)(b) amended 1 October 2012 section 20 Films, Videos, and Publications Classification Amendment Act 2012 Section 63(1)(c) amended 1 October 2012 section 20 Films, Videos, and Publications Classification Amendment Act 2012
64: Dismissal of appeal
The High Court may dismiss any appeal under section 58
a: if the appellant does not appear at the time appointed for the hearing of the appeal; or
b: if the appellant does not prosecute the appeal with all due diligence and any other party applies to the court for the dismissal of the appeal. 1983 No 120 s 41 1987 No 85 s 45
65: Extension of time
The High Court or a Judge of the High Court may, in its or that Judge's discretion, on the application of the appellant or intending appellant, or any other party, extend any time prescribed or allowed under any of the provisions of sections 59 to 64 1983 No 130 s 43 1987 No 85 s 47
66: Date of hearing
When any party to the appeal notifies the Registrar of the High Court at Wellington—
a: that the notice of appeal has been served in accordance with section 59(2) section 60
b: either—
i: that no application has been lodged under section 63
ii: that any application lodged under section 63 the appeal shall be, in all respects, ready for hearing and the Registrar shall arrange a date for the hearing as soon as is practicable. 1983 No 130 s 44 1987 No 85 s 48 Interim restrictions on appeal
67: Interim restriction orders on appeal
1: A party to an appeal under section 58
2: The High Court or Judge must, as soon as practicable,—
a: grant the application, if the High Court or Judge is satisfied that it is in the public interest to do so; or
b: decline the application.
3: If the High Court or Judge grants the application, the High Court or Judge must make an interim restriction order in respect of the publication that—
a: prohibits the doing of any act or thing in relation to the publication that, if the publication were an objectionable publication, would be an offence against any of the following:
i: section 123(1)(c), (d), or (e)
ii: section 127
iii: section 129
b: restricts the availability of the publication to—
i: persons who have attained the age of 18 years or a specified younger age; or
ii: specified persons or classes of persons; or
c: restricts the use of the publication to 1 or more specified purposes (which may be made in conjunction with an order made under paragraph (b)).
4: When determining whether to make an order under subsection (3)(b) or (c), the High Court or Judge need not take into account the matters referred to in sections 3(4)(a) to (f) 3A 3B Section 67 replaced 5 December 2017 section 5 Films, Videos, and Publications Classification (Interim Restriction Orders) Amendment Act 2017
68: Notification of interim restriction order
1: Every interim restriction order shall be published in the Gazette
2: As soon as reasonably practicable after an interim restriction order is made, the person on whose application the order is made shall—
a: advertise the making of the order, in such manner as the High Court or a Judge of that court shall direct; and
b: serve notice of the making of that order on such persons or classes of persons as the court or Judge shall direct.
3: Every person on whom notice of the making of an interim restriction order is served shall, if that person has furnished the publication to which the order relates to any other person for distribution, exhibition, or supply, give, where practicable and as soon as reasonably practicable, a notice of the making of the order to that other person. 1963 No 22 ss 14A(6), (7), 14B(4) 1972 No 136 s 3 1977 No 79 s 3 1987 No 85 s 49(4), (5)
69: Duration and revocation of interim restriction order
1: Every interim restriction order shall come into force on the day on which it is made and, unless sooner revoked, shall remain in force until the appeal is finally determined by the High Court.
2: The High Court or a Judge of that court may, on the application on notice of any of the following persons, or on the court's or the Judge's own motion, revoke an interim restriction order:
a: the applicant for the order:
b: any other party to the appeal:
c: the owner, maker, publisher, or authorised distributor of the publication to which the order relates:
d: any other person who satisfies the High Court or a Judge of that court that the person is detrimentally affected by the existence of the order.
3: Every order under this section that revokes an interim restriction order shall be published in the Gazette 1963 No 22 s 14B(3) 1977 No 79 s 3 1987 No 85 s 49(6) Appeal to Court of Appeal
70: Appeal against decision of High Court
1: If any party to the proceedings before the High Court under this Part is dissatisfied with any final determination of the court in respect of the appeal as being erroneous in point of law, that party may appeal to the Court of Appeal for the opinion of that court on that question of law.
2: Every such appeal shall be heard and determined in accordance with rules of court. 1983 No 130 s 46 1987 No 85 s 50
6: Bodies
Labelling body
71: Functions of labelling body
The functions of the labelling body are as follows:
a: in accordance with regulations made under this Act,—
i: to assign a rating to any film referred to it for the issue of a label:
ii: where appropriate, to assign a description to any such film to indicate whether it contains antisocial behaviour, cruelty, violence, crime, horror, sex, or offensive language or behaviour:
b: to issue in respect of any such film a label that contains the rating and description (if any) assigned to that film:
ba: to issue, on an application under section 9(1) section 36
i: an item on which has been classified under this Act as a restricted publication; and
ii: all other material on which is material to which the labelling body would, in accordance with regulations made under this Act, be permitted to assign a rating:
bb: to issue, at the direction of the Classification Office under section 36 section 36A(2)
i: a film to which section 36(1) or (2)
ii: a publication (other than a film) that is the subject of a condition imposed pursuant to section 27(4)(a)
c: to examine, in accordance with regulations made under this Act, any film poster used or intended to be used in relation to the public supply or public exhibition of any film. 1987 No 85 s 11 Section 71(ba) inserted 21 May 2005 section 21 Films, Videos, and Publications Classification Amendment Act 2005 Section 71(bb) inserted 21 May 2005 section 21 Films, Videos, and Publications Classification Amendment Act 2005
72: Approval of labelling body
1: Subject to this section, the Minister may from time to time, on application made to the Minister in accordance with section 73
2: An approval under this section shall—
a: be made by notice published in the Gazette
b: continue in force until it is revoked under section 75
3: The Minister may grant an approval under this section subject to such conditions as the Minister thinks fit.
4: The Minister shall not approve a body or organisation under this section unless the Minister is satisfied that—
a: the body or organisation is representative of the following persons:
i: persons engaged in the distribution or public supply of films in New Zealand; and
ii: persons engaged in the production of films in New Zealand; and
iii: persons engaged in the public exhibition of films in New Zealand; and
b: the body or organisation is capable of implementing a system to assign a rating and description to any film referred to it for the issue of a label; and
c: the body or organisation will take all reasonable steps to ensure that notice of the rating and description assigned to any such film is disseminated to persons engaged in the production, distribution, public exhibition, or public supply of films.
5: The Minister shall not decline an application for approval under this section without first giving the applicant—
a: a copy of any information on which the Minister relies in proposing to decline the application; and
b: a reasonable opportunity to make written submissions to the Minister in relation to that information. 1987 No 85 s 7
73: Application for approval as labelling body
1: An application for approval as the labelling body under section 72
a: the constitution and rules of the body or organisation seeking approval; and
b: the procedure by which that body or organisation proposes to carry out the functions of the labelling body under this Act.
2: In addition to the particulars required under subsection (1), the Minister may, for the purposes of deciding whether or not to grant an approval under section 72 1987 No 85 s 9
74: Community representatives
1: For the purpose of ensuring that the interests of the general public are taken into account in the labelling of films under this Act, the Minister shall, by notice in the Gazette
2: The Minister must make an appointment under subsection (1)—
a: on approving any body or organisation as the labelling body under section 72
b: whenever in the Minister's opinion an appointment is necessary to achieve the purpose stated in subsection (1).
3: An appointment under subsection (1) may be made only on the recommendation of the Minister of Consumer Affairs, which recommendation may be made only after consultation by that Minister with the Minister of Women's Affairs.
4: A person appointed under subsection (1) shall continue to hold office under that subsection until that person dies, or resigns by notice in writing to the Minister, or that person's appointment is revoked under subsection (5), or the approval of the body or organisation as the labelling body is revoked under section 75
5: The Minister may at any time, by notice in the Gazette
6: Every appointment made under subsection (1) shall, as long as that appointment continues, be reviewed by the Minister at intervals of not more than 3 years.
7: The powers of the labelling body under this Act shall not be affected by the fact that, at any particular time, no person holds office under subsection (1). 1987 No 85 s 10 Section 74(2) substituted 3 June 1998 section 2 Films, Videos, and Publications Classification Amendment Act 1998
75: Revocation of approval
1: Subject to subsection (2), the Minister may at any time, by notice in writing published in the Gazette section 72
a: no longer meets all of the requirements for approval specified in paragraphs (a) to (c) of section 72(4)
b: has failed to comply with any condition imposed by the Minister on that body's approval; or
c: has failed to comply with any obligation imposed on the labelling body by or under this Act.
2: The Minister shall not revoke any approval pursuant to subsection (1) unless the labelling body has first been given an opportunity to be heard. 1987 No 85 s 8 Office of Film and Literature Classification
76: Office of Film and Literature Classification
1: There shall be an office called the Office of Film and Literature Classification.
2: The Office of Film and Literature Classification is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004 Section 76(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 76(3) substituted 25 January 2005 section 200 Crown Entities Act 2004
77: Functions of Classification Office
1: The functions of the Classification Office are as follows:
a: to determine the classification of any publication submitted to it under this Act:
aa: to support and facilitate the development by specified CVoD providers of approved self-rating systems:
ab: to provide and maintain a database of films ( see section 11A
ac: to support the Chief Censor to approve self-rating systems developed by specified CVoD providers for their use to label commercial video on-demand content ( see section 46G
ad: to support the Chief Censor to review approved self-rating systems used by specified CVoD providers ( see section 46H
b: to determine any question relating to the character of a publication referred to it by a court pursuant to section 29(1) section 41(3) section 116
c: to determine, in accordance with section 27
d: to examine, in accordance with regulations made under this Act, any film poster used or intended to be used in relation to the public supply or public exhibition of any film submitted to the Classification Office under section 12 section 13
e: to determine any application made under section 44
f: to exercise and perform such other functions, powers, and duties as are conferred or imposed on the Classification Office by or under this Act or any other enactment.
2: Except as expressly provided otherwise in this or another Act, the Classification Office must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—
a: this Act; and
b: any other Act that expressly provides for the functions, powers, or duties of the Classification Office (other than the Crown Entities Act 2004 Section 77(1)(aa) inserted 10 August 2020 section 17 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 77(1)(ab) inserted 10 August 2020 section 17 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 77(1)(ac) inserted 10 August 2020 section 17 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 77(1)(ad) inserted 10 August 2020 section 17 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 77(2) added 25 January 2005 section 200 Crown Entities Act 2004
78: Powers of Classification Office
Section 78 repealed 25 January 2005 section 200 Crown Entities Act 2004
79: Membership of Classification Office
1: The Classification Office consists of the Chief Censor and the Deputy Chief Censor.
2: The Chief Censor and the Deputy Chief Censor are the board for the purposes of the Crown Entities Act 2004
3: The Chief Censor and the Deputy Chief Censor hold office as chairperson and deputy chairperson of the board respectively, for the same term as they hold office as Chief Censor and Deputy Chief Censor, for the purposes of the Crown Entities Act 2004
4: Subsection (3) applies despite anything to the contrary in Schedule 5 Section 79 substituted 25 January 2005 section 200 Crown Entities Act 2004
80: Appointments to Classification Office
1: The Chief Censor and the Deputy Chief Censor must be appointed under section 28(1)(b)
2: The Chief Censor may from time to time, under clause 2
3: In considering whether or not to recommend to the Governor-General the appointment, under subsection (1), of any person, the Minister shall have regard not only to the person's personal attributes but also to the person's knowledge of or experience in the different aspects of matters likely to come before the Classification Office.
3A: Subsection (3) does not limit section 29
4: In considering the suitability of any person for appointment pursuant to subsection (2), the Chief Censor shall have regard not only to the person's personal attributes but also to the person's knowledge of or experience in the different aspects of matters likely to come before the Classification Office.
5: Clause 1 1983 No 130 s 5(1), (4) 1987 No 85 s 16(2) Section 80(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 80(3A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 80(5) added 25 January 2005 section 200 Crown Entities Act 2004
81: Term of office
1: A person appointed under section 80
2: Subsection (1) applies despite section 32(1)(b)
3: Clause 2 Section 81 substituted 25 January 2005 section 200 Crown Entities Act 2004
82: Continuation in office after term expires
Section 82 repealed 25 January 2005 section 200 Crown Entities Act 2004
83: Vacation of office as chairperson and deputy chairperson
Clauses 3 4 Section 83 substituted 25 January 2005 section 200 Crown Entities Act 2004
84: Holding of other offices
1: Neither the Chief Censor nor the Deputy Chief Censor may be a member of a local authority.
2: This section does not limit section 30 Section 84 substituted 25 January 2005 section 200 Crown Entities Act 2004
85: Administration of Classification Office
1: The Chief Censor is responsible for matters of administration in relation to the Classification Office, including—
a: the allocation of spheres of responsibility between the Chief Censor and the Deputy Chief Censor; and
b: the allocation of duties among the classification officers.
2: In other respects, section 25
3: Subject to subsection (1), the Board may delegate the statutory functions and powers of the Classification Office only to the Chief Censor, the Deputy Chief Censor, or a classification officer.
4: In other respects, section 73 Section 85 substituted 25 January 2005 section 200 Crown Entities Act 2004
86: Exercise of powers by Deputy Chief Censor
1: On the occurrence from any cause of a vacancy in the office of Chief Censor, and in the case of absence from duty of the person appointed as Chief Censor (from whatever cause arising), and for as long as any such vacancy or absence continues, the Deputy Chief Censor shall have and may exercise all the powers, duties, and functions of the Chief Censor under this Act.
2: The fact that the Deputy Chief Censor exercises any power, duty, or function of the Chief Censor shall be conclusive evidence of his or her authority to do so.
3: Clause 5(2) Section 86(3) added 25 January 2005 section 200 Crown Entities Act 2004
87: Chief Censor may delegate powers
1: The Chief Censor may, from time to time, delegate any of his or her powers and functions under this Act (other than this power of delegation) to the Deputy Chief Censor.
2: Any such delegation may be made subject to such restrictions and conditions as the Chief Censor thinks fit, and may be made either generally or in relation to any particular case or class of cases.
3: Subject to any restrictions or conditions imposed by the Chief Censor, the Deputy Chief Censor may exercise or perform the delegated powers in the same manner and with the same effect as if they had been conferred by this section and not by delegation.
4: Where the Deputy Chief Censor purports to act pursuant to any such delegation, he or she shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.
5: Any delegation under this section may be revoked at any time, and no delegation of any power or function shall prevent the exercise of that power or function by the Chief Censor.
6: Until any such delegation is revoked, it shall continue in force according to its tenor. In the event of the Chief Censor ceasing to hold office, it shall continue to have effect as if made by the Chief Censor's successor in office.
88: Information Unit
1: There shall be a unit within the Classification Office called the Information Unit.
2: The functions of the Information Unit are as follows:
a: to provide the Classification Office with such research services as may be necessary to enable the Classification Office to perform its functions effectively:
b: to disseminate to the public information about—
i: the functions and powers of the Classification Office; and
ii: the procedures for the classification of publications:
c: to receive inquiries and complaints concerning the operation of the classification system established under this Act.
89: Annual report
Section 89 repealed 25 January 2005 section 200 Crown Entities Act 2004
90: Further provisions relating to Classification Office
The provisions set out in Schedule 1 Film and Literature Board of Review
91: Film and Literature Board of Review
There is hereby established a Board called the Film and Literature Board of Review.
92: Function
The function of the Board is to review the classification of any publication referred to it under section 41(3) Part 4 1983 No 130 s 27 1987 No 85 s 33
93: Membership
1: The Board shall consist of 9 members.
2: The members of the Board shall be appointed by the Governor-General on the recommendation of the Minister acting with the concurrence of the Minister of Women's Affairs and the Minister of Justice.
3: One member of the Board shall be appointed as President and another shall be appointed as Deputy President.
4: No person shall be appointed as the President of the Board unless that person has held a practising certificate as a barrister or solicitor for at least 7 years, whether or not that person holds or has held judicial office.
5: In making any recommendation to the Governor-General under subsection (2), the Minister shall have regard to the need to ensure that the membership of the Board includes persons with knowledge of, or experience in, the different aspects of matters likely to come before the Board.
6: No act or proceeding of the Board, or of any person acting as a member of the Board, shall be invalidated because there was a vacancy in the membership of the Board at the time of the act or proceeding, or because of the subsequent discovery that there was a defect in the appointment of a person so acting, or that the person was incapable of being, or had ceased to be, a member.
94: Term of office
1: Subject to section 96
2: Nothing in subsection (1) prevents the appointment under section 93
95: Continuation in office after term expires
Notwithstanding section 94 section 96
a: that member is reappointed; or
b: a successor to that member is appointed
c: that member is informed in writing by the Minister that the member is not to be reappointed and is not to hold office until a successor is appointed. Section 95(b) amended 22 February 2005 section 22 Films, Videos, and Publications Classification Amendment Act 2005
96: Extraordinary vacancies
1: Any member of the Board may at any time be removed from office by the Governor-General on the recommendation of the Minister for inability to perform the duties of office, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General.
2: Any member of the Board may at any time resign his or her office by giving written notice to that effect to the Minister.
3: If a member dies, resigns, or is removed from office, the vacancy so created shall be filled in the same manner as the appointment of the member vacating office.
97: Appointment of deputies
1: If the President of the Board is unable by reason of illness, absence from New Zealand, or other sufficient cause to attend any meeting of the Board or to adjudicate on any particular matter, the Deputy President shall act as the President and shall, while so acting, have all the powers of the President at that meeting or for the purposes of adjudicating on that matter.
2: The fact that the Deputy President exercises any power, duty, or function of the President shall be conclusive evidence of the Deputy President's authority to do so.
3: If both the President and the Deputy President of the Board are unable by reason of illness, absence from New Zealand, or other sufficient cause to attend any meeting of the Board or to adjudicate on any particular matter, the Minister may appoint any other member of the Board to act in the place of the President at that meeting or for the purposes of adjudicating on that matter, upon and subject to such terms and conditions (if any) as the Minister may specify.
4: Any person appointed under subsection (3) shall, subject to any terms and conditions specified by the Minister, have all the powers of the President at that meeting or for the purposes of adjudicating on that matter.
5: If any member of the Board (other than the President) is unable by reason of illness, absence from New Zealand, or other sufficient cause to attend any meeting of the Board, the Minister may appoint any person to act in the place of that member at that meeting, upon and subject to such terms and conditions (if any) as the Minister may specify.
6: No appointment of any person under this section and no acts done by that person while acting as the President or any other member of the Board, and no act done by the Board while any person is acting as such, shall in any proceedings be questioned on the ground that the occasion of that person's appointment had not arisen or had ceased. 1983 No 130 s 26 1987 No 85 s 32
98: Application of certain Acts to members
No person shall be deemed to be employed in the service of the Crown for the purposes of the Public Service Act 2020 Government Superannuation Fund Act 1956 Section 98 amended 7 August 2020 section 135 Public Service Act 2020
99: Fees and travelling allowances
1: A member of the Board is entitled—
a: to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework; and
b: in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
2: For the purposes of subsection (1)(b), fees framework Section 99 substituted 25 January 2005 section 200 Crown Entities Act 2004
100: Meetings of Board
1: The Board of Review shall meet for the conduct of its business at such times and places as it considers necessary.
2: Subject to section 101
3: Every question before a meeting of the Board as constituted under subsection (2) or under section 101
4: Subject to the provisions of this Act, the Board shall determine its own procedure.
101: Board may sit in divisions
1: The President may, from time to time, if he or she considers it appropriate in a particular case or class of case, determine that the Board shall sit in divisions, and all the powers of the Board may be exercised by any such division.
2: Each division shall consist of not fewer than 3 members of the Board who are for the time being assigned to that division by the President of the Board, together with the President or Deputy President of the Board, as the President of the Board determines.
3: The President of the Board shall determine in each case which division of the Board shall conduct a particular review.
4: A division of the Board may exercise any powers of the Board even though another division of the Board is exercising any powers of the Board at the same time. 1991 No 71 s 125
102: Provision of administrative services to Board
The Secretary shall arrange for there to be furnished to the Board such secretarial, recording, and other services as may be necessary to enable the Board to exercise its functions and powers. Inspectors of Publications
103: Inspectors of Publications
1: The Secretary may from time to time appoint under the Public Service Act 2020
2: Notwithstanding subsection (1), the Secretary may from time to time appoint any suitable person to be an Inspector of Publications for the purposes of this Act.
3: Every constable except for the purposes of Part 7A 1983 No 130 s 67 1987 No 85 s 66 1990 No 58 s 10 Section 103(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 103(3) amended 1 February 2022 section 11 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 Section 103(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
104: Inspectors who are not public servants
1: Every person appointed under section 103(2)
a: shall be appointed on such terms and conditions as the Secretary thinks fit:
b: may be paid, out of money appropriated by Parliament for the purpose, such remuneration as the Secretary from time to time determines.
2: No person appointed under section 103(2) Public Service Act 2020 Government Superannuation Fund Act 1956
3: For the purposes of the Ombudsmen Act 1975 Official Information Act 1982 section 103(2) Section 104(2) amended 7 August 2020 section 135 Public Service Act 2020
105: Authority to act as Inspector
1: The Secretary shall issue to every person appointed as an Inspector a warrant authorising that person to exercise the powers conferred on Inspectors under sections 106 to 108
2: Every such warrant shall contain—
a: a reference to this section; and
b: the full name of the Inspector; and
c: a reference to the powers set out in section 106
3: The production by an Inspector of—
a: a warrant issued under this section; or
b: any evidence that that person is a constable shall, in the absence of evidence to the contrary, be sufficient authority for any such Inspector to do anything authorised by this Act.
4: Every person (other than a constable 1983 No 130 s 68 1987 No 85 s 67 1990 No 58 s 10(2)(c) Section 105(3)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 105(4) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
7: Search and seizure
106: Powers of Inspectors
1: Every Inspector may enter any premises (not being a private residence) in which—
a: films are offered for public supply; or
b: publications are publicly displayed; or
c: film is exhibited to the public or in which the Inspector has reason to believe that film is being exhibited to the public— for the purpose of ensuring that—
d: the provisions of this Act, and of any regulations made under this Act, relating to the labelling of films; and
e: any conditions imposed pursuant to section 27 are being complied with.
2: An Inspector shall not enter any such premises at any time when those premises are not open to the public, unless accompanied by, or with the knowledge of, the owner or occupier of the premises into which entry is intended, or the representative or agent or employee of that person.
3: Every Inspector shall, on entering any premises pursuant to subsection (1), and at any other time when required to do so by the owner or occupier of the premises or by that person's representative, agent, or employee, produce the warrant issued to the Inspector under section 105 constable constable
4: In the exercise of the powers conferred by subsection (1), an Inspector may—
a: require the production for inspection by that Inspector of any document that relates to the labelling or classification of any film, or the classification of any publication that is a restricted publication, and that is issued under or required by this Act, and may take copies of or extracts from any such document; and
b: demand any information that the Inspector may reasonably require for the purposes of the inspection.
5: No person shall be required to answer any question by an Inspector if the answer would or could tend to incriminate that person, and that person shall be informed of that right before an Inspector exercises the power to demand information conferred by this section. 1983 No 130 s 69(1)–(5) 1987 No 85 s 68(1)–(5) 1990 No 58 s 10(2)(d) Section 106(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
107: Inspector may seize publications
1: Without limiting section 106 section 7 section 8 section 6
a: the Inspector believes, on reasonable grounds, that no label has been issued under this Act in respect of that film; or
b: the film is being offered for public supply, or exhibited to the public, in contravention of subsection (1)(b) or subsection (2)(b) or subsection (3) of section 120 the Inspector may seize the film, and any cassette, case, or other container in or on which that film is kept or offered for public supply, and deliver them to the Secretary.
2: Without limiting section 106
a: an Inspector discovers any person publicly displaying any publication; and
b: the Inspector believes, on reasonable grounds,—
i: that the publication is a restricted publication or, by virtue of a serial publication order, is to be treated as a restricted publication; and
ii: that the public display of the publication constitutes an offence under section 130 133 133A the Inspector may seize the publication and deliver it to the Secretary.
3: Without limiting section 106
a: an Inspector discovers any person publicly displaying—
i: any advertising poster; or
ii: any film poster— relating to a restricted publication or a publication that, by virtue of a serial publication order, is to be treated as a restricted publication; and
b: the Inspector believes, on reasonable grounds, that the public display of the poster constitutes an offence under section 130 133 133A the Inspector may seize the poster and deliver it to the Secretary.
4: Subject to subsection (5), the Secretary may retain any publication, advertising poster, or film poster delivered to him or her under subsection (1) or subsection (2) or subsection (3), and the publication, advertising poster, or film poster shall subsequently be dealt with in accordance with section 118
5: The Secretary may, at any time, return the publication, advertising poster, or film poster to the person entitled to it, subject to any such conditions relating to compliance with the provisions of this Act with respect to the publication, advertising poster, or film poster as the Secretary may specify. 1983 No 130 s 69(6), (7) 1987 No 85 s 68(6) Section 107(2)(b)(ii) amended 5 December 2017 section 8(1) Films, Videos, and Publications Classification (Interim Restriction Orders) Amendment Act 2017 Section 107(3)(b) amended 5 December 2017 section 8(2) Films, Videos, and Publications Classification (Interim Restriction Orders) Amendment Act 2017
108: Seizure of objectionable publications
1: Subject to subsection (2), where an Inspector or a constable
2: Nothing in subsection (1) applies to any publication that is in the possession of any person in circumstances in which, by virtue of subsection (4) or subsection (5) of section 131 Section 108(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
109: Search warrants for offences against specified sections (other than sections 126 and 131A)
An issuing officer (within the meaning of section 3 subpart 3
a: any objectionable publication that there are reasonable grounds to believe is being kept for the purpose of being so dealt with as to constitute an offence against section 123 section 124 section 127 section 129
b: any thing that there are reasonable grounds to believe will be evidence of the commission of an offence of that kind; or
c: any thing that there are reasonable grounds to believe is intended to be used for the purpose of committing an offence of that kind. Section 109 substituted 22 February 2005 section 23(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 109 amended 1 October 2012 section 242(1) Search and Surveillance Act 2012
109A: Search warrants from District Court Judges for offences against sections 126 and 131A
1: A District Court Judge may, on an application made in the manner provided in subpart 3
a: that there are reasonable grounds for believing that there is in or on any place or thing—
i: a publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 126
ii: any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 126
iii: an objectionable publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 131A
iv: any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 131A
b: that in all the circumstances it is reasonable to do so.
2: In considering whether to issue a warrant under this section, the District Court Judge must have regard to—
a: the nature and seriousness of the alleged offending to which the application relates; and
b: any information provided by the applicant about the importance, to the investigation of the offence, of the issue of a warrant; and
c: any other matter the Judge considers relevant. Section 109A inserted 22 February 2005 section 23(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 109A(1) amended 8 September 2018 section 52 Statutes Amendment Act 2018
109B: Search warrants from Registrars, etc, for offences against section 126 or section 131A
A person who is authorised to act as an issuing officer under section 108 subpart 3
a: that, in the particular case,—
i: that all reasonable efforts have been made to obtain a warrant under section 109A
ii: that no District Court Judge is available to deal with an application under section 109A
iii: that delaying a search until a warrant under section 109A
b: that there are reasonable grounds for believing that there is in or on any place or thing—
i: a publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 126
ii: any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 126
iii: an objectionable publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 131A
iv: any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 131A Section 109B inserted 22 February 2005 section 23(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 109B amended 8 September 2018 section 53 Statutes Amendment Act 2018 Section 109B amended 1 October 2012 section 242(3) Search and Surveillance Act 2012
109C: Who may apply for search warrants
An application under section 109 section 109A section 109B constable Section 109C inserted 22 February 2005 section 23(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 109C amended 1 October 2008 section 116(a)(ii) Policing Act 2008
110: Application of Part 4 of Search and Surveillance Act 2012
1: The provisions of Part 4 sections 118 119 section 109 109A 109B
2: This section is subject to sections 115 to 117 Section 110 replaced 1 October 2012 section 243 Search and Surveillance Act 2012
111: Powers conferred by warrant
Section 111 repealed 1 October 2012 section 243 Search and Surveillance Act 2012
111A: Power to stop vehicles
Section 111A repealed 1 October 2012 section 243 Search and Surveillance Act 2012
112: Person executing warrant to produce evidence of authority
Section 112 repealed 1 October 2012 section 243 Search and Surveillance Act 2012
113: Notice of execution of warrant
Section 113 repealed 1 October 2012 section 243 Search and Surveillance Act 2012
114: Custody of property seized
Section 114 repealed 1 October 2012 section 243 Search and Surveillance Act 2012
115: Summons to be issued
1: Subject to section 136(2) section 108 before the District Court
2: Subject to section 136(2) before the District Court
3: It shall not be necessary to issue a summons under subsection (1) or subsection (2) in respect of any publication that the Classification Office or the Board has classified as an unrestricted publication or as a restricted publication. 1963 No 22 s 25(2) 1987 No 85 s 57(2), (2A) 1990 No 59 s 9 Section 115(1) amended 1 March 2017 section 261 District Court Act 2016 Section 115(2) amended 1 March 2017 section 261 District Court Act 2016
116: Disposal of publications seized
1: Subject to subsections (2) and (3), if, on the hearing of a summons issued pursuant to section 115
2: The court shall not make an order under subsection (1) for the destruction of a publication if it considers it necessary that the publication be preserved as evidence in any further proceedings.
3: Notwithstanding that the court is satisfied that the publication to which the summons relates is objectionable, the court may order the return of the publication to the person from whom it was seized (in the case of a publication seized under section 108 section 131
4: If, on the hearing of a summons issued pursuant to section 115 section 108 1963 No 22 s 25(3), (4) 1987 No 85 s 57(3), (4)
117: Appeal against order for destruction
1: Any person aggrieved by an order made under section 116(1) Criminal Procedure Act 2011
2: Nothing in subsection (1) confers on any person any right to appeal to the High Court, other than under section 58 1963 No 22 s 25(5) 1987 No 85 s 57(5), (6) Section 117(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
118: Disposal of things seized
Section 118 repealed 1 October 2012 section 244 Search and Surveillance Act 2012
118A: Application of Customs and Excise Act 2018
1: Sections 191 199 206 210 211 224 225 231 237 244 245 247 248 249 257 258 section 390
2: Section 252 section 254
3: A Customs officer may arrest a person without warrant in accordance with section 263(1) section 390 section 124(1)
a: the importation into New Zealand of an objectionable publication for the purposes of supply or distribution; or
b: the supply or distribution, by way of exportation from New Zealand, of an objectionable publication.
4: Section 263(2) and (3)
5: Nothing in this section limits the application of any provisions of the Customs and Excise Act 2018 Section 118A replaced 1 October 2018 section 443(3) Customs and Excise Act 2018
119: No action to lie
No action shall lie against any person for any act done in good faith in pursuance or intended pursuance of any provision of this Part or of any warrant or order issued or made in pursuance or intended pursuance of any such provision. 1963 No 22 s 25(6) 1987 No 85 s 57(7)
7A: Take-down notices for objectionable online publications
Part 7A inserted 1 February 2022 section 12 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021
119A: Definitions for Part 7A
1: In this Part, section 149(1)(ab) section 149(1)(ab) livestream online content host online publication
a: a publication under paragraph (d) of the definition of publication in section 2
b: a publication under paragraph (e) of the definition of publication in section 2
c: livestreamed content.
2: The definition of online publication in subsection (1) does not limit the definition of publication in section 2 Section 119A inserted 1 February 2022 section 12 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021
119B: Application of Part and regulations
This Part and any regulations made under section 149(1)(ab)
a: individuals in New Zealand (the public
b: online content hosts that provide services to the public regardless of whether an online content host is resident or incorporated in New Zealand or outside New Zealand. Section 119B inserted 1 February 2022 section 12 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021
119C: Issue of take-down notices
1: An Inspector may issue a take-down notice relating to a particular online publication to an online content host if—
a: an interim classification assessment has been made under section 22A
b: the online publication has been classified as objectionable under section 23
c: the Inspector believes, on reasonable grounds, that the online publication is objectionable.
2: Before issuing a take-down notice, an Inspector may, but is not required to, request that the online content host remove, or prevent access by the public to, the online publication.
3: A take-down notice issued under subsection (1)(a) has effect for the interim period referred to in section 22B(5)
4: A take-down notice issued under subsection (1)(a) has permanent effect if a classification decision is made that the online publication is objectionable on and from the date of that decision.
5: A take-down notice issued under subsection (1)(b) or (c) has permanent effect on and from the date it is issued.
6: In each case the Inspector must notify the Chief Censor that a take-down notice has been issued.
7: See section 119J 1993 No 94 s 108(1) Section 119C inserted 1 February 2022 section 12 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021
119D: Contents of take-down notices
1: A take-down notice must—
a: contain a description of the relevant online publication; and
b: identify the URL or other unique identifier of the online publication; and
c: require the online content host to remove, or prevent access by the public to, the online publication as soon as is reasonably practicable after receipt of the notice and no later than the time and date specified in the notice (the required period
d: inform the online content host of the right of review under section 119J
e: contain other information required by regulations made under section 149(1)(ab)
2: When deciding on the length of the required period in a particular case, an Inspector must consider what period is likely to be reasonably practicable for the online content host to comply with the notice.
3: A take-down notice may also require an online content host to preserve a copy of the relevant online publication for the purpose of an investigation or proceedings.
4: A take-down notice may contain other information that an Inspector considers is useful or appropriate. Section 119D inserted 1 February 2022 section 12 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021
119E: Online content host must comply with take-down notice
1: An online content host who or that receives a take-down notice must remove, or prevent access by the public to, all copies of the online publication that is the subject of the notice to or over which it has access or control as soon as is reasonably practicable after receipt of the notice but no later than the end of the required period.
2: If a take-down notice requires an online content host to preserve a copy of the relevant online publication for the purposes of an investigation or proceedings, they must preserve a copy, hold it securely, and provide it to an Inspector on request.
3: An online content host may also preserve a copy of the online publication if they intend to lodge or have lodged—
a: a submission under section 13(1)(ba)
b: an application for a review under Part 4
c: a notice of appeal related to that application for review.
4: If subsection (3) applies, the online content host may preserve a copy of the online publication for as long as it is needed to complete the relevant process but must hold it securely.
5: A take-down notice continues to have effect, even if the publication that is the subject of the notice is received by the Classification Office under section 13
a: until the classification decision is made; and
b: until, if the publication is classified as objectionable, the completion of any review and related appeal.
6: If an online publication is confirmed as objectionable after the processes listed in subsection (5) have been completed or are no longer available, the relevant take-down notice then has permanent effect. Section 119E inserted 1 February 2022 section 12 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021
119F: No action to lie against officials
The following people are immune from civil and criminal liability for actions done in good faith when carrying out or intending to carry out their official duties relating to take-down notices:
a: the Chief Censor:
b: the Deputy Chief Censor:
c: a classification officer:
d: a member of the staff of the Classification Office:
e: a member of the staff of the Department of Internal Affairs:
f: an Inspector. 1993 No 94 ss 119 137 Section 119F inserted 1 February 2022 section 12 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021
119G: No action to lie against online content host
An online content host is immune from criminal or civil liability—
a: if they remove or prevent access by the public to an online publication that is the subject of a take-down notice:
b: if they preserve a copy of an online publication for any of the reasons listed in section 119E(3) Section 119G inserted 1 February 2022 section 12 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021
119H: Enforcement of take-down notices
1: An Inspector may take enforcement proceedings in the District Court if an online content host fails or refuses to comply with a take-down notice within the required period.
2: In proceedings under this section, the court—
a: must not examine or make a determination about the issuing or merits of a take-down notice:
b: may determine whether the online content host had a reasonable justification for failing or refusing to comply with the notice within the required period or for any further delay after that period:
c: may permit the Inspector, by order of the court, to obtain discovery and administer interrogatories:
d: may order a remedy or costs under section 119I Section 119H inserted 1 February 2022 section 12 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021
119I: Remedies and costs
1: In proceedings under section 119H
a: order that the online content host comply with the take-down notice by a date specified in the order:
b: order the online content host to pay a pecuniary penalty to the Crown:
c: award costs as the court thinks fit:
d: order interest to be paid in accordance with the court’s rules.
2: A pecuniary penalty is payable in an amount that the court determines is appropriate, taking into account all relevant matters, and, in particular,—
a: the nature and extent of the failure or refusal to comply with the notice; and
b: the circumstances in which the failure or refusal to comply occurred (including whether this was intentional, inadvertent, or caused by negligence).
3: The standard of proof for the matters in subsection (2) is the balance of probabilities.
4: The amount of a pecuniary penalty must not exceed $200,000.
5: Only 1 pecuniary penalty is payable in relation to the same take-down notice. Section 119I inserted 1 February 2022 section 12 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021
119J: Review of take-down notices
1: A take-down notice may be reviewed under this Act only as part of a review under Part 4
2: See section 13(1)(ba)
3: See also section 119E(5) Section 119J inserted 1 February 2022 section 12 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021
119K: Reporting
1: The Secretary must—
a: make publicly available a list of all take-down notices issued that have been complied with; and
b: publish the number of take-down notices issued and the number that were complied with each year in the annual report of the Department of Internal Affairs relating to that year.
2: The Secretary must, in the list referred to in subsection (1)(a), in each case, include the reasons for issuing the take-down notice. Section 119K inserted 1 February 2022 section 12 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021
8: Offences
Offences relating to labelling
120: Non-compliance with labelling requirements
1: Every person commits an offence against this Act who supplies to the public or offers for supply to the public—
a: any film in respect of which no label has been issued under this Act; or
b: any film that, in contravention of regulations made under this Act, does not have displayed either on it or on
2: Every person commits an offence against this Act who—
a: exhibits to the public or makes available
b: in contravention of regulations made under this Act,—
i: fails to display, in the prescribed form and manner, the contents of any label issued under this Act in respect of a film; or
ii: fails to advertise, in the prescribed form and manner, the contents of any such label.
3: Every person commits an offence against this Act who supplies to the public or offers for supply to the public any film at a time when that film, or the cassette, case, or other container in or on which that film is supplied to the public or offered for supply to the public, has displayed on
4: Nothing in this section shall apply in relation to the public supply or public exhibition of a film that is exempted by section 7 section 8 section 6 and section 46C
5: Every person who commits an offence against subsection (1) or subsection (2) or subsection (3) is liable on conviction
a: in the case of an individual, $3,000:
b: in the case of a body corporate, $10,000. 1983 No 130 s 24 1987 No 85 s 14 Section 120(1)(b) amended 1 October 2012 section 21(1) Films, Videos, and Publications Classification Amendment Act 2012 Section 120(2)(a) amended 1 August 2021 section 18(1) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 120(3) amended 1 October 2012 section 21(2) Films, Videos, and Publications Classification Amendment Act 2012 Section 120(4) amended 1 August 2021 section 18(2) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 120(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
121: Unlawful issue of labels
1: Every person commits an offence against this Act who, not being the labelling body or a specified CVoD provider using an approved self-rating system
2: Every person who commits an offence against this section is liable on conviction
a: in the case of an individual, $3,000:
b: in the case of a body corporate, $10,000. 1987 No 85 s 13(4) Section 121(1) amended 1 August 2021 section 19 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 121(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Offences involving objectionable or restricted publications
122: Meaning of distribute in sections 123 to 132
1: In sections 123 to 132 distribute
a: to deliver, give, or offer the publication; or
b: to provide access to the publication (for example, to make available digital content that is or includes the publication by means of a public data network)
2: However, a person does not distribute a publication unless the person—
a: intends, or knows of, the act of distribution; and
b: knows what, in general terms, the publication is or contains.
3: To avoid doubt, to distribute
a: delivery of the publication in physical form; or
b: transmission (other than by broadcasting) of the contents of the publication.
4: Examples of a person facilitating access to a publication in the ways referred to in subsection (3) are—
a: a postal operator or courier providing only some or all of the means necessary for delivering the publication in physical form; and
b: a network operator or service provider providing only a network or facility through which the contents of the publication are transmitted. Section 122 substituted 22 February 2005 section 25 Films, Videos, and Publications Classification Amendment Act 2005 Section 122(1)(b) amended 1 August 2021 section 20 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
122A: Definitions for section 122
In section 122 courier digital content
a: means information that is kept on a data storage device and accessed, or available for access, through a public data network; but
b: does not include email, or information that is transmitted in the form of a broadcasting service network operator section 3 postal operator section 2(1) public data network section 5 service provider
a: means a person providing Internet access, email access, or both of those facilities, by means of a public data network; but
b: does not include a network operator. Section 122A inserted 22 February 2005 section 25 Films, Videos, and Publications Classification Amendment Act 2005 Section 122A network operator amended 13 November 2018 section 40 Telecommunications (New Regulatory Framework) Amendment Act 2018 Section 122A network operator amended 11 May 2014 section 123 Telecommunications (Interception Capability and Security) Act 2013
123: Offences of strict liability relating to objectionable publications
1: Every person commits an offence against this Act who—
a: makes an objectionable publication; or
b: makes a copy of an objectionable publication for the purposes of supply, distribution, display, or exhibition to any other person; or
c: imports into New Zealand an objectionable publication for the purposes of supply or distribution to any other person; or
d: supplies or distributes (including in either case by way of exportation from New Zealand) an objectionable publication to any other person; or
e: has in that person's possession, for the purposes of supply or distribution to any other person, an objectionable publication; or
f: in expectation of payment or otherwise for gain, or by way of advertisement, displays or exhibits an objectionable publication to any other person.
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, to a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $30,000.
3: It shall be no defence to a charge under subsection (1) that the defendant had no knowledge or no reasonable cause to believe that the publication to which the charge relates was objectionable.
4: Without limiting the generality of this section, a publication may be—
a: supplied (within the meaning of that term in section 2
b: distributed (within the meaning of that term in section 122
c: imported into New Zealand for the purposes of paragraph (c) of subsection (1),— not only in a physical form but also by means of the electronic transmission (whether by way of facsimile transmission, electronic mail, or other similar means of communication, other than by broadcasting) of the contents of the publication. 1963 No 22 s 21(1)(a)–(c), (e), (h), (i), (2) 1982 No 27 s 3(1) 1987 No 85 ss 51(1)(a)–(d), (g), (i), (2), 70(3) Section 123(1)(c) substituted 22 February 2005 section 26(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 123(1)(d) substituted 22 February 2005 section 26(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 123(1)(e) substituted 22 February 2005 section 26(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 123(1)(f) substituted 22 February 2005 section 26(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 123(2) substituted 22 February 2005 section 26(2) Films, Videos, and Publications Classification Amendment Act 2005 Section 123(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 123(4)(a) substituted 22 February 2005 section 26(3) Films, Videos, and Publications Classification Amendment Act 2005 Section 123(4)(b) substituted 22 February 2005 section 26(3) Films, Videos, and Publications Classification Amendment Act 2005 Section 123(4)(c) added 22 February 2005 section 26(3) Films, Videos, and Publications Classification Amendment Act 2005
124: Offences involving knowledge in relation to objectionable publications
1: Every person commits an offence against this Act who does any act mentioned in section 123(1)
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 14 years
b: in the case of a body corporate, to a fine not exceeding $200,000. 1963 No 22 s 22(1)(a), (2) 1987 No 85 s 52(1)(a), (2) Section 124(2) substituted 22 February 2005 section 27 Films, Videos, and Publications Classification Amendment Act 2005 Section 124(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 124(2)(a) amended 7 May 2015 section 4 Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015
124A: Where distribution, importation, etc, not an offence
1: Nothing in section 123 section 124 section 131(4)
a: import a publication into New Zealand (whether with the involvement of an overseas official or not):
b: export a publication from New Zealand to an overseas official:
c: distribute a publication to a person referred to in any of paragraphs (a) to (l) of section 131(4)
d: make a copy of a publication for the purposes of distribution of the kind specified in paragraph (c):
e: be in possession of a publication for the purposes of distribution of the kind specified in paragraph (c).
2: In subsection (1), overseas official section 131(4)
3: This subsection applies to a charge under section 123 section 124
a: distributed a publication; or
b: made a copy of a publication for the purposes of distribution to any other person; or
c: possessed a publication for the purposes of distribution to any other person.
4: It is a defence to a charge to which subsection (3) applies if the defendant proves that the act to which that charge relates was done, in good faith, in accordance with any of paragraphs (a) to (f) of section 131(5) Section 124A inserted 22 February 2005 section 28 Films, Videos, and Publications Classification Amendment Act 2005
125: Offences of strict liability involving restricted publications
1: Every person commits an offence against this Act who—
a: supplies, distributes, exhibits, displays, or otherwise deals with a restricted publication otherwise than in accordance with the classification assigned to that publication under this Act; or
b: delivers to any person any restricted publication with intent that it should be dealt with by that person or any other person in such manner as to constitute an offence against this section.
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, $3,000:
b: in the case of a body corporate, $10,000.
3: It shall be no defence to a charge under subsection (1) that the defendant had no knowledge or no reasonable cause to believe that the publication to which the charge relates was a restricted publication. 1963 No 22 s 21(1)(g), (h) Section 125(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
126: Offences involving knowledge in relation to restricted publications
1: Every person commits an offence against this Act who—
a: does any act mentioned in section 125(1)
b: supplies, distributes, exhibits, or displays to any person under the age of 18 years any publication—
i: that is objectionable if made available to a person of the age of the person to whom it is so supplied, distributed, exhibited, or displayed; and
ii: that the person so supplying, distributing, exhibiting, or displaying it knows is likely to be classified under this Act as objectionable if made available to a person of the age of the other person.
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $25,000. 1963 No 22 s 22(1)(ab), (2) 1972 No 136 s 8(1) 1987 No 85 s 52(1)(b) Section 126(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
127: Exhibition to persons under 18
1: Every person commits an offence against this Act who exhibits or displays an objectionable publication to any person under the age of 18 years.
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, to a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $30,000.
3: It shall be no defence to a charge under subsection (1) that the defendant had no knowledge or no reasonable cause to believe that the publication to which the charge relates was objectionable.
4: Every person commits an offence against this Act who exhibits or displays an objectionable publication to any person under the age of 18 years knowing or having reasonable cause to believe that the publication is objectionable.
5: Every person who commits an offence against subsection (4) is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 10 years:
b: in the case of a body corporate, to a fine not exceeding $200,000. Section 127(2) substituted 22 February 2005 section 29(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 127(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 127(5) substituted 22 February 2005 section 29(2) Films, Videos, and Publications Classification Amendment Act 2005 Section 127(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
128: Circumstances when exhibition or display not an offence
Nothing in section 123 section 124
a: for educational or professional purposes; and
b: by or at the direction of the Chief Censor; and
c: at premises occupied by the Classification Office.
129: Offences in public place
1: Every person commits an offence against this Act who exhibits or displays an objectionable publication in or within view of a public place.
2: It shall be no defence to a charge under subsection (1) that the defendant had no knowledge or no reasonable cause to believe that the publication to which the charge relates was objectionable.
2A: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, to a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $30,000.
3: Every person commits an offence against this Act who distributes an objectionable publication to any person in a public place knowing or having reasonable cause to believe that the publication is objectionable.
4: Every person who commits an offence against subsection (3) is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 1 year or to a fine not exceeding $20,000:
b: in the case of a body corporate, to a fine not exceeding $50,000. 1963 No 22 ss 21(1)(i), (2), 22(1)(e), (2) 1972 No 136 s 7(2) 1987 No 85 ss 51(1)(h), (2), (3), 52(1)(d), (2) Section 129(2A) inserted 22 February 2005 section 30(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 129(2A) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 129(4) substituted 22 February 2005 section 30(2) Films, Videos, and Publications Classification Amendment Act 2005 Section 129(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
130: Breach of conditions on display of restricted publications
1: Every person commits an offence against this Act who—
a: publicly displays any restricted publication or any film poster or advertising poster otherwise than in accordance with any condition or conditions imposed pursuant to section 27
b: publicly displays any restricted publication or any film poster or advertising poster in contravention of any such condition.
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, $5,000:
b: in the case of a body corporate, $15,000.
3: It shall be no defence to a charge under this section that the defendant had no knowledge of the condition or conditions applicable to the publication or poster to which the charge relates. Section 130(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
131: Offence to possess objectionable publication
1: Every
1A: Subsection (1) is subject to subsections (4) and (5).
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, $2,000:
b: in the case of a body corporate, $5,000.
2A: A person can have an electronic publication in that person's possession for the purposes of subsection (1) even though that person's actual or potential physical custody or control of the publication is not, or does not include, that person intentionally or knowingly using a computer or other electronic device to save the publication (or a copy of it).
2B: Electronic publication paragraph (d) or (e) section 2
2C: Subsection (2A) is for the avoidance of doubt, and does not limit subsection (1).
3: It shall be no defence to a charge under subsection (1) that the defendant had no knowledge or no reasonable cause to believe that the publication to which the charge relates was objectionable.
4: Nothing in subsection (1) makes it an offence for any of the following persons to be in possession of an objectionable publication, where such possession is for the purpose of and in connection with the person's official duties:
a: the Chief Censor:
b: the Deputy Chief Censor:
c: any classification officer:
d: any person holding office pursuant to clause 2
e: any member of the Board:
f: the labelling body or any person who is carrying out the functions of the labelling body:
g: any Inspector:
h: any constable
i: any officer of the Customs:
j: any Judge of the High Court, or District Court Judge, Coroner , associate coroner,
k: in relation to any publication delivered to the National Librarian pursuant to Part 4 in the department responsible for the administration of that Act
l: any other person in the service of the Crown.
5: It is a defence to a charge under subsection (1) if the defendant proves that the defendant had possession of the publication to which the charge relates, in good faith,—
a: for the purpose or with the intention of delivering it into the possession of a person lawfully entitled to have possession of it; or
b: for the purposes of any proceedings under this Act or any other enactment in relation to the publication; or
c: for the purpose of giving legal advice in relation to the publication; or
d: for the purposes of giving legal advice, or making representations, in relation to any proceedings; or
e: in accordance with, or for the purpose of, complying with any decision or order made in relation to the publication by the Chief Censor, the Classification Office, the Board, or any court, Judge , Justice, or Community Magistrate
f: in connection with the delivery of the publication to the National Librarian in accordance with Part 4
g: for the purposes of rating and labelling the publication, if—
i: the publication is video on-demand content; and
ii: the defendant is a specified CVoD provider; and
iii: the defendant assesses the content as soon as is reasonably practicable after it comes into the defendant’s possession, using the defendant's approved self-rating system, and refers the content to the Classification Office for classification in accordance with section 46E(3)
6: Nothing in subsection (5) shall prejudice any defence that it is open to a person charged with an offence against this section to raise apart from that subsection.
7: For the avoidance of doubt, in this section the term proceedings Section 131(1) amended 7 May 2015 section 5(1) Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015 Section 131(1A) inserted 7 May 2015 section 5(2) Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015 Section 131(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 131(2A) inserted 7 May 2015 section 5(3) Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015 Section 131(2B) inserted 7 May 2015 section 5(3) Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015 Section 131(2B) amended 1 February 2022 section 13 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 Section 131(2C) inserted 7 May 2015 section 5(3) Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015 Section 131(4)(h) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 131(4)(j) amended 5 April 2023 section 36 Coroners Amendment Act 2023 Section 131(4)(j) amended 30 June 1998 section 7 District Courts Amendment Act 1998 Section 131(4)(k) amended 1 February 2011 section 18 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 Section 131(4)(k) amended 6 May 2003 section 47 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 Section 131(5)(e) amended 30 June 1998 section 7 District Courts Amendment Act 1998 Section 131(5)(f) amended 6 May 2003 section 47 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 Section 131(5)(g) inserted 1 August 2021 section 21 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
131A: Offences relating to possession of objectionable publications and involving knowledge
1: Every person commits an offence who does any act that constitutes an offence against section 131(1)
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 10 years
b: in the case of a body corporate, to a fine not exceeding $100,000. Section 131A inserted 22 February 2005 section 31(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 131A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 131A(2)(a) amended 7 May 2015 section 6 Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015
132: Exhibiting parts of a publication
A person may be convicted of exhibiting an objectionable publication if what is exhibited is in all the circumstances objectionable, notwithstanding that it is a part only of a publication that is not objectionable or is a restricted publication. 1963 No 22 s 22A 1972 No 136 s 10 1987 No 85 s 53
132A: Aggravating factor to be taken into account in sentencing, etc, for certain publications offences
1: This section applies to an offence (the offence
a: section 124(1)
b: section 127(4)
c: section 129(3)
d: section 131A(1)
e: section 390
2: In sentencing or otherwise dealing with an offender for the offence, the court must take into account as an aggravating factor the extent to which any publication that was the subject of the offence is objectionable because it does any or all of the following:
a: promotes or supports, or tends to promote or support, the exploitation of children, or young persons, or both, for sexual purposes:
b: describes, depicts, or otherwise deals with sexual conduct with or by children, or young persons, or both:
c: exploits the nudity of children, or young persons, or both.
3: In deciding for the purposes of subsection (2) to what extent (if any) a publication is objectionable because it does any or all of the things specified in subsection (2)(a) to (c), the court must have regard,—
a: if there is a subsisting decision of the Classification Office, or of the Board, to the reasons for the decision given by the Classification Office, under section 38 section 55
b: if the publication has been referred to the Classification Office under section 29(1) section 41(3) section 30
4: Nothing in this section affects the application of the Sentencing Act 2002 Section 132A inserted 22 February 2005 section 32 Films, Videos, and Publications Classification Amendment Act 2005 Section 132A(1)(e) replaced 1 October 2018 section 443(3) Customs and Excise Act 2018
132B: Presumption of imprisonment for repeat offenders
1: This section applies only to an offender who—
a: has been convicted of and is to be sentenced in respect of a specified publications offence committed after the commencement of this section (the repeat offence
b: before the repeat offence was committed and the conviction for it was entered, had both committed and been convicted of 1 or more specified publications offences committed before or after that commencement.
2: An offence is a specified publications offence for the purposes of subsection (1) only if—
a: the offence is one against a provision specified in section 132A(1)(a) to (e)
b: the publication that was the subject of the offence does (to any extent) any or all of the things specified in section 132A(2)(a) to (c)
3: In deciding for the purposes of subsection (2)(b) whether a publication is objectionable because it does (to any extent) any or all of the things specified in section 132A(2)(a) to (c)
a: if there is a subsisting decision of the Classification Office, or of the Board, to the reasons for the decision given by the Classification Office, under section 38 section 55
b: if the publication has been referred to the Classification Office under section 29(1) section 41(3) section 30
4: The offender must be sentenced for the repeat offence to a sentence of imprisonment (within the meaning of the Sentencing Act 2002
a: the particular circumstances of the repeat offence; and
b: the particular circumstances of the offender (including, without limitation, his or her age if he or she is under 20 years of age).
5: This section overrides, as they apply to the repeat offence, all inconsistent provisions in the Sentencing Act 2002 Section 132B inserted 7 May 2015 section 7 Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015 Offence to livestream objectionable content or share objectionable livestreamed content Heading inserted 1 February 2022 section 14 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021
132C: Offence to livestream objectionable content or share objectionable livestreamed content
1: A person commits an offence if—
a: they livestream content knowing or having reasonable cause to believe that it is objectionable; or
b: they share content, or information about how to access content, as it is being livestreamed—
i: knowing or having reasonable cause to believe that the content is objectionable; and
ii: with the intent of promoting or encouraging criminal acts or acts of terrorism.
2: A person who commits an offence under subsection (1) is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 14 years:
b: in the case of a body corporate, to a fine not exceeding $200,000.
3: A person does not commit an offence under this section by reason only that they are—
a: the service provider who or that provided access to the Internet or other electronic medium on which the content was livestreamed to the person who livestreamed the content; or
b: the online content host who or that has control over the part of the electronic retrieval system, such as an Internet site or an online application or similar, on which the content was livestreamed.
4: In this section,— livestream section 119A objectionable section 3 online content host section 119A section 119B service provider section 122A 1993 No 94 s 124 Section 132C inserted 1 February 2022 section 14 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 Miscellaneous offences
133: Contravention of serial publication order
1: A person commits an offence who fails to comply with section 37(5) or (6)
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding,—
a: in the case of an individual, $3,000; or
b: in the case of a body corporate, $10,000. Section 133 replaced 5 December 2017 section 9 Films, Videos, and Publications Classification (Interim Restriction Orders) Amendment Act 2017
133A: Contravention of interim restriction order
1: A person commits an offence who, having knowledge of an order made in respect of a publication under section 49(3)(a) 67(3)(a)
2: A person commits an offence who, having knowledge of an order made in respect of a publication under section 49(3)(b) or (c) 67(3)(b) or (c)
a: fails to comply with that order; or
b: delivers the publication to any other person with the intention that it be dealt with by any person in contravention of the order.
3: A person who commits an offence under subsection (1) or (2) is liable on conviction to a fine not exceeding,—
a: in the case of an individual, $3,000; or
b: in the case of a body corporate, $10,000. Section 133A inserted 5 December 2017 section 6 Films, Videos, and Publications Classification (Interim Restriction Orders) Amendment Act 2017
134: Obstruction of Inspector
Every person commits an offence and is liable on conviction
a: obstructs an Inspector in the performance of that Inspector's duties under this Act; or
b: fails to comply with any requirement of an Inspector under subsection (4) of section 106 1983 No 130 s 69(8) 1987 No 85 s 68(7) Section 134 amended 1 July 2013 section 413 Criminal Procedure Act 2011
135: Failure to surrender warrant
Every person commits an offence and is liable on conviction section 105(4) Section 135 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Miscellaneous provisions
136: Disposal and forfeiture following conviction
1: Where any person is convicted of an offence against this Act or against any regulations made under this Act, the convicting court may, if it is satisfied, after reference to the Classification Office if necessary, that any publication the subject of the prosecution is objectionable, order that the publication be destroyed at the expiration of 10 working days from the making of the order, and the publication shall in the meantime be impounded.
2: It shall not be necessary to issue a summons under subsection (1) or subsection (2) of section 115
3: On the conviction of any person of an offence against section 123 section 124
4: Before making an order under subsection (1) or subsection (3), the court shall give—
a: the person convicted; and
b: any other person who, in the opinion of the court, would be directly affected by the making of the order— an opportunity to be heard.
5: If the court is satisfied that the publication that was the subject of the prosecution should be restored to a person other than the person convicted it may so direct.
6: Section 117 1963 No 22 s 25A 1972 No 136 s 11 1987 No 85 s 58 1990 No 59 s 10
137: No action to lie
No action shall lie against any person for any act done in good faith in pursuance or intended pursuance of section 136 1963 No 22 s 25A(6) 1972 No 136 s 11 1987 No 85 s 57(7)
138: Liability of employers and principals
1: In this section, the term illegal action
2: Subject to subsection (4), any illegal action done by a person as the employee of another person shall, for the purposes of this Act, be treated as done 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.
3: Any illegal action done by a person as the agent of another person shall, for the purposes of this Act, be treated as done by that other person as well as by the first-mentioned person, unless it is done without that other person's express or implied authority, precedent or subsequent.
4: In any proceedings (being proceedings for an offence against this Act) against any person in respect of an illegal action alleged to have been done by an employee of that person, it shall be a defence for that person to prove that he or she or it took such steps as were reasonably practicable to prevent the employee from doing that illegal action, or from doing as an employee of that person acts of a class, category, or description that includes illegal actions. 1963 No 22 s 23 1972 No 136 s 9 1987 No 85 s 55 1993 No 28 s 126
139: Directors and officers of bodies corporate
Where any body corporate is convicted of an offence against this Act or any regulations made under this Act, every director and every officer concerned in the management of the body corporate shall be guilty of the offence where it is proved that the act that constituted the offence took place with that person's knowledge, authority, permission, or consent. 1963 No 22 s 28 1987 No 85 s 60
140: Evidence of publication, etc
Where, in the case of any prosecution for an offence against this Act or any regulations made under this Act, the publication that is the subject of the prosecution, or any package in which the publication is kept, contains or bears a statement that the publication was supplied, distributed, published, made, or copied by any person, that statement may be received as sufficient evidence of the fact so stated unless the contrary is proved. 1963 No 22 s 24 1987 No 85 s 56
141: Relief from contracts
Notwithstanding anything in any contract, whether entered into before or after the commencement of this section, no person shall be liable for breach of contract by reason only of that person rejecting any publication delivered to that person or of that person refusing to accept delivery of, or deal in, any publication in any case where—
a: that person reasonably and in good faith believes that that person's acceptance of delivery of, or that person's possession of or dealing in, that publication may render that person guilty of an offence against this Act; and
b: that person gives to the person from whom that person received or is to receive delivery of that publication notice in writing of that person's rejection or refusal of the publication, and of the reason for that rejection or refusal, as soon as practicable after that person becomes aware of the nature of the publication in question. 1963 No 22 s 26 1987 No 85 s 59
141A: Offences punishable on conviction on indictment
Section 141A repealed 1 July 2013 section 413 Criminal Procedure Act 2011
142: Offences punishable on summary conviction
Section 142 repealed 1 July 2013 section 413 Criminal Procedure Act 2011
143: Time for filing charging document
1: Despite anything to the contrary in section 25
2: This section does not apply to an offence against section 124(1) 127(4) 131A(1) Section 143 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
144: Attorney-General's consent required for private prosecutions of certain publications offences
No private prosecution (as defined in section 5
a: sections 123 to 129
b: section 131
c: section 131A
d: section 133
e: section 133A Section 144 replaced 7 May 2015 section 8 Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015 Section 144(d) replaced 5 December 2017 section 10 Films, Videos, and Publications Classification (Interim Restriction Orders) Amendment Act 2017 Section 144(e) inserted 5 December 2017 section 10 Films, Videos, and Publications Classification (Interim Restriction Orders) Amendment Act 2017
145: Delegation of powers by Commissioner of Police
Section 145 repealed 7 May 2015 section 8 Films, Videos, and Publications Classification (Objectionable Publications) Amendment Act 2015
145A: Extraterritorial jurisdiction for certain offences as required by Optional Protocol
1: In this section and sections 145B 145C child pornography
a: a representation, by any means, of a person who is or appears to be under 18 years of age engaged in real or simulated explicit sexual activities; or
b: a representation of the sexual parts of a person of that kind for primarily sexual purposes Optional Protocol relevant offence
a: section 124(1)
b: section 127(4)
c: section 129(3)
d: section 131A(1)
e: section 390
2: Even if the acts or omissions alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for a relevant offence that involves child pornography if the person to be charged—
a: has been found in New Zealand; and
b: has not been extradited on the grounds that he or she is a New Zealand citizen.
3: This section does not affect the application of any section referred to in paragraphs (a) to (e) of the definition of relevant offence in subsection (1) in respect of—
a: acts that occurred wholly within New Zealand; or
b: an offence that, under section 7
c: acts to which section 8
d: acts that, under section 8A Section 145A inserted 22 February 2005 section 34(1) Films, Videos, and Publications Classification Amendment Act 2005 Section 145A(1) relevant offence replaced 1 October 2018 section 443(3) Customs and Excise Act 2018
145B: Attorney-General's consent required where jurisdiction claimed under section 145A
1: Proceedings for a relevant offence cannot be brought in a New Zealand court against a person without the Attorney-General's consent, if jurisdiction over the person is claimed by virtue of section 145A
2: A person over whom jurisdiction is claimed by virtue of section 145A Section 145B inserted 22 February 2005 section 34(1) Films, Videos, and Publications Classification Amendment Act 2005
145C: Offences deemed to be included in extradition treaties
1: For the purposes of the Extradition Act 1999 section 15 section 104
a: concluded before the commencement of section 34
b: for the time being in force between New Zealand and any foreign country that is a party to the Optional Protocol.
2: A person whose surrender is sought from New Zealand in respect of an act that amounts to an offence deemed by subsection (1) to be an offence described in an extradition treaty is liable to be surrendered in accordance with the Extradition Act 1999
3: However, subsection (2) does not apply in respect of an act that, had it occurred within the jurisdiction of New Zealand, would not, at the time that it occurred, have constituted an offence under New Zealand law.
4: A certificate given and signed by the Minister of Foreign Affairs and Trade that a foreign country is a party to the Optional Protocol is, in the absence of proof to the contrary, sufficient evidence of that fact.
5: For the purposes of this section, child pornography Optional Protocol relevant offence section 145A(1) foreign country
a: for whose international relations the Government of a foreign country is responsible; and
b: to which the extradition treaty and the Optional Protocol extend. Section 145C inserted 22 February 2005 section 34(1) Films, Videos, and Publications Classification Amendment Act 2005
9: Miscellaneous provisions
General
146: Classification Office may require soundtrack to be translated into English
1: Where,—
a: in respect of any film submitted to it under—
i: section 12
ii: section 42 the Classification Office is required, pursuant to section 24
b: that soundtrack, or part of that soundtrack (other than isolated words or phrases), is not in the English language or the Maori language,— the Classification Office may—
c: require the person who submitted that film to supply to the Classification Office an English translation, by a translator approved by the Classification Office, of that soundtrack, or part of that soundtrack; or
d: with the consent of the person who submitted that film, arrange for an English translation to be made of that soundtrack, or part of that soundtrack.
2: Where the Classification Office arranges for the translation of a soundtrack, or part of a soundtrack, pursuant to subsection (1)(d), the Classification Office may require the person who submitted the film to which that soundtrack relates to meet all or part of the costs of that translation, and such costs shall be recoverable under this section as a debt due to the Classification Office.
3: Where, in respect of any film submitted to the Classification Office under section 12 section 42
a: the person who submitted that film is required, pursuant to subsection (1)(c), to supply to the Classification Office an English translation of the soundtrack, or part of the soundtrack, accompanying that film, and that person refuses or fails, within such reasonable period as the Classification Office may allow, to supply that translation; or
b: the person who submitted that film is required, pursuant to subsection (2), to meet all or part of the costs of translating the soundtrack, or part of the soundtrack, accompanying that film, and that person refuses or fails, within such reasonable period as the Classification Office may allow, to comply with that requirement,— the submission of that film to the Classification Office shall be deemed to have been withdrawn, and the Classification Office shall notify the person who submitted that film accordingly. 1987 No 85 s 21A 1990 No 59 s 5
147: Printed matter to be marked with name and address of publisher or wholesale distributor
1: Except as provided in subsection (4), no person shall publish any printed matter in New Zealand, unless each separate article is printed or stamped with that person's name and address.
2: Except as provided in subsection (3) or subsection (4), no wholesale distributor shall sell or distribute any printed matter published elsewhere than in New Zealand, unless each separate article so sold or distributed is printed or stamped with that person's name and address.
3: Nothing in subsection (2) shall apply with respect to—
a: any book bearing the name of the publisher, if the name and address of the publisher have been notified by the wholesale distributor to the chief executive of the responsible department
b: any magazine , newspaper, chief executive of the responsible department , newspaper,
4: The Minister of Justice may from time to time in the exemption any such exemption
5: Every person commits an offence and is liable on conviction
6: An exemption under subsection (4) is secondary legislation ( see Part 3 1963 No 22 s 27 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 147(3)(a) amended 1 July 1995 section 3(1)(b) Department of Justice (Restructuring) Act 1995 Section 147(3)(b) amended 1 July 1995 section 3(1)(b) Department of Justice (Restructuring) Act 1995 Section 147(3)(b) amended 27 April 1995 section 4(4) Newspapers and Printers Act Repeal Act 1995 Section 147(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 147(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 147(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
148: Fees charged by Classification Office to be reasonable
Any fee charged under section 15(6) section 38(3) section 39(6) supplying Section 148 amended 1 October 2012 section 22(a) Films, Videos, and Publications Classification Amendment Act 2012 Section 148 amended 1 October 2012 section 22(b) Films, Videos, and Publications Classification Amendment Act 2012 Regulations
149: 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 forms of applications, warrants, and other documents required under this Act:
ab: prescribing information to be included in a take-down notice under section 119D
b: prescribing the matters in respect of which fees are payable under this Act; prescribing the amounts of the fees or the method by which they are to be assessed; and prescribing the persons to whom the fees are to be paid:
c: exempting or providing for the exemption of any person or class of persons from liability to pay any fees payable under this Act:
d: authorising the waiver, refund, or remission, in such circumstances as in accordance with the regulations the Secretary or the Chief Censor or the Board thinks fit, of the whole or any part of any fees payable under this Act:
e: prescribing the manner in which any notice or other document required by this Act to be given or served by, or to or on, any person is to be so given or served:
f: prescribing the procedures relating to—
i: the examination of films by the labelling body:
ii: the issue of labels in respect of films for the purposes of this Act:
iii: the self-rating process for commercial video on-demand content provided by specified CVoD providers:
g: prescribing the kinds of ratings to be assigned to films under this Act:
h: prescribing the circumstances in which the labelling body may not assign a rating to a film:
ha: prescribing, as contemplated by sections 12(1A) 71(ba) section 9(1) section 36
i: an item on which has been classified under this Act as a restricted publication; and
ii: all other material on which is material to which the labelling body would, in accordance with regulations made under this Act, be permitted to assign a rating:
i: prescribing the form and content of labels to be used for the purposes of this Act, and regulating—
i: the display of such labels on on the cassettes
ii: the public display or advertising, in respect of films exhibited to the public, of the content of such labels:
iii:
iv: the display of labels on commercial video on-demand content provided by specified CVoD providers (including labels to be displayed on the content and on menus and catalogues that list the content):
v: the display of labels on advertisements for commercial video on-demand content provided by specified CVoD providers:
j: requiring the display, on premises where films are supplied to the public, offered for supply to the public, or exhibited to the public, of posters and advertising material explaining the ratings and classifications assigned to films under this Act:
ja: requiring the display, on premises where films to which regulations made under paragraph (nd) apply are supplied to the public or offered for supply to the public, of posters and advertising material explaining the ratings and classifications under the Video Recordings Act 1987, and their equivalent ratings and classifications under this Act:
k: prescribing the procedures relating to the examination and approval of film posters by the labelling body and the Classification Office:
ka: prescribing factors that must be taken into account when the rating to be applied to commercial video on-demand content is determined by use of an approved self-rating system ( see section 46F(1)(g)
kb: prescribing information to be included in the film database maintained by the Classification Office under section 11A
l: prescribing information to be included in the register of classification decisions:
m:
n: providing for the dissemination, by the labelling body, of notice of the rating and description (if any) assigned by it to any film, and for the labelling body to charge a reasonable fee for supplying to any person a copy of any such notice:
na: prescribing, in relation to—
i: ratings and classifications under the Video Recordings Act 1987; and
ii: classifications under the Films Act 1983,— their equivalent ratings and classifications under this Act:
nb: providing for the assigning of a rating or a classification to a film in any case where, because decisions have been made in respect of that film under both the Films Act 1983 and the Video Recordings Act 1987, it is not otherwise possible to assign 1 equivalent rating or classification to that film:
nc: providing that film posters in respect of which an approval given pursuant to the Films Act 1983 before 1 October 1994 is subsisting at that date are deemed, for the purposes of any regulations made pursuant to paragraph (k), to be approved under any such regulations:
nd: providing, in relation to any film in respect of which a decision has been made under the Video Recordings Act 1987, that unless a label has been issued under this Act in respect of the film, compliance with all or any of the requirements of the Video Recordings Act 1987 with respect to the labelling of a video recording is regarded as compliance with all or any of the requirements of this Act with respect to the public supply of that film:
o: 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 $2,000, that may, on
p: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for their due administration.
2: Regulations under this section are secondary legislation ( see Part 3
3: If regulations authorise a person to grant exemptions referred to in subsection (1)(c),—
a: an exemption is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. 1983 No 130 s 75 1987 No 85 s 69 1990 No 58 s 11 1990 No 59 s 11 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 149(1)(ab) inserted 1 February 2022 section 15 Films, Videos, and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Act 2021 Section 149(1)(f)(iii) inserted 10 August 2020 section 22(1) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 149(1)(ha) inserted 22 February 2005 section 35 Films, Videos, and Publications Classification Amendment Act 2005 Section 149(1)(i)(i) amended 1 October 2012 section 23(1)(a) Films, Videos, and Publications Classification Amendment Act 2012 Section 149(1)(i)(i) amended 1 October 2012 section 23(1)(b) Films, Videos, and Publications Classification Amendment Act 2012 Section 149(1)(i)(iii) amended 1 October 2012 section 23(2) Films, Videos, and Publications Classification Amendment Act 2012 Section 149(1)(i)(iv) inserted 10 August 2020 section 22(2) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 149(1)(i)(v) inserted 10 August 2020 section 22(2) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 149(1)(ja) inserted 24 March 1999 section 3(1) Films, Videos, and Publications Classification Amendment Act 1999 Section 149(1)(ka) inserted 10 August 2020 section 22(3) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 149(1)(kb) inserted 10 August 2020 section 22(3) Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 149(1)(l) replaced 1 October 2012 section 23(3) Films, Videos, and Publications Classification Amendment Act 2012 Section 149(1)(m) repealed 1 October 2012 section 23(4) Films, Videos, and Publications Classification Amendment Act 2012 Section 149(1)(na) inserted 28 July 1997 section 2 Films, Videos, and Publications Classification Amendment Act 1997 Section 149(1)(nb) inserted 28 July 1997 section 2 Films, Videos, and Publications Classification Amendment Act 1997 Section 149(1)(nc) inserted 28 July 1997 section 2 Films, Videos, and Publications Classification Amendment Act 1997 Section 149(1)(nd) inserted 24 March 1999 section 3(2) Films, Videos, and Publications Classification Amendment Act 1999 Section 149(1)(o) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 149(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 149(3) inserted 28 October 2021 regulation 11 Legislation Act (Amendments to Legislation) Regulations 2021 Levy on specified CVoD providers Heading inserted 10 August 2020 section 23 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
149A: Payment of annual levy by specified CVoD provider
1: A specified CVoD provider must pay to the Classification Office an annual levy prescribed by, or calculated in accordance with, regulations made under section 149B
2: The levy is payable to the Classification Office to fund the costs of its activities in support of the purpose of Part 3A
3: A provider must pay the levy for each financial year beginning on 1 July (or part of the year) during which the provider is listed in Schedule 4
4: In respect of a financial year beginning on 1 July, a provider must pay the levy on or before the later of the following:
a: the 28th day after an invoice is sent; or
b: 31 July of that financial year. Section 149A inserted 10 August 2020 section 23 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
149B: Levy regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations, for the levy that is payable under section 149A
a: prescribing the amount or rate of the levy or prescribing the methods of calculating or ascertaining amounts or rates of the levy; and
b: requiring the waiver, refund, or remission of the whole or any part of a levy in circumstances prescribed in the regulations; and
c: providing for the Chief Censor to waive, refund, or remit the whole or any part of a levy in such circumstances as (in accordance with the regulations) the Chief Censor thinks fit; and
d: providing for any circumstances in which, and conditions subject to which, providers may be allowed extensions of time for the payment of a levy; and
e: imposing the addition of penalties, not exceeding 10% of the unpaid amount, to a levy that is not paid in full by the due date.
2: Regulations in force on 31 May apply to the next financial year beginning on 1 July.
3: A levy imposed by regulations made under this section must be reasonable, having regard to—
a: the costs projected to be incurred by the Classification Office carrying out its activities in support of the purpose of Part 3A
b: the amount of any income that could be applied to meet those costs and that is projected to be received by the Classification Office from any other source.
4: The regulations may prescribe the amount or rate of the levy, or prescribe the methods of calculating or ascertaining amounts or rates of the levy,—
a: on a uniform basis; or
b: on any differential basis.
5: Before recommending that regulations be made under this section, the Minister must be satisfied that—
a: the Secretary has taken reasonable steps to consult each specified CVoD provider in relation to the proposed levy; and
b: if the levy is set on a differential basis, the levy required from different providers is fair having regard to the risk of harm to viewers from commercial video on-demand content made available by different providers (for example, having regard to the market presence of different providers and the nature of the content made available by different providers).
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 149B inserted 10 August 2020 section 23 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 149B(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
149C: Dispute does not suspend obligation to pay levy
A dispute about the validity of a levy or the provider’s liability to pay a levy does not suspend—
a: the obligation of the provider to pay the levy; or
b: the right of the Classification Office to receive and recover the levy (or act under section 149D 149E Section 149C inserted 10 August 2020 section 23 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
149D: Approval may be suspended until debt paid
1: If a specified CVoD provider fails to pay by the due date any levy payable under section 149A
2: The Chief Censor must give the provider written notice of the Chief Censor’s intention to act under subsection (1) (including the reason) at least 10 working days before the Chief Censor acts.
3: If an approval is suspended under this section, during the period of suspension, the system to which the approval relates is not an approved self-rating system. 1949 No 19 s 67ZR 1997 No 100 s 16(1), (2) Section 149D inserted 10 August 2020 section 23 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Status and recovery of fees or levy Heading inserted 10 August 2020 section 23 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020
149E: Status and recovery of fees or levy
Outstanding amounts of fees or levy payable to the Classification Office under this Act constitute a debt due to the Office, and the Office may issue legal proceedings for recovery of the debt from the provider in a court of competent jurisdiction. Section 149E inserted 10 August 2020 section 23 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Consequential amendments, repeals, and revocation
150: Consequential amendments, repeals, and revocation
1: The enactments specified in Schedule 2
2: The enactments specified in Schedule 3
3: The Films Order 1986 (SR 1986/116) is hereby consequentially revoked.
150A: Amendment of Schedule 4 by Order in Council
1: The Governor-General, by Order in Council made on the recommendation of the Minister, may amend Schedule 4
a: adding the name of any person; or
b: deleting the name of any person.
2: The Minister must not recommend that an order be made under subsection (1)(a) unless—
a: the Minister has consulted the Chief Censor on the proposal that the order be made; and
b: the Minister is satisfied, on reasonable grounds, that adding the name of the person will reduce the risk of harm to viewers of commercial video on-demand content.
3: The Minister must not recommend that an order be made under subsection (1)(b) unless—
a: the Minister has consulted the Chief Censor on the proposal that the order be made; and
b: the Minister is satisfied, on reasonable grounds, that deleting the name of the person will not materially increase the risk of harm to viewers of commercial video on-demand content.
4: For the purposes of subsections (2)(b) and (3)(b), the Minister—
a: must consider—
i: available evidence of the current or likely extent of public subscriptions to, or use of, commercial video on-demand services and products provided by the person; and
ii: available evidence of the nature of the commercial video on-demand content made available, or intended to be made available, by the person and the potential of that content to cause harm; and
iii: available evidence of the person’s commitment to a classification framework recognised in New Zealand as being effective in ensuring that persons in New Zealand who are likely to be harmed by viewing the commercial video on-demand content are warned of the nature of that content by means of clear and consistent labelling; and
b: may consider any other factors that the Minister thinks relevant.
5: An order under subsection (1)(a) must not come into force earlier than 3 months after the date on which it is published.
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 150A inserted 10 August 2020 section 8 Films, Videos, and Publications Classification (Commercial Video on-Demand) Amendment Act 2020 Section 150A(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
10: Transitional provisions
Indecent Publications Act 1963
151: Interpretation
In sections 152 to 159 book Tribunal
152: Decisions under Indecent Publications Act 1963
1: This section applies to every decision made under the Indecent Publications Act 1963 by the Tribunal or the High Court upon any book or sound recording and that, immediately before the commencement of this section, is (subject to sections 18(2) and 20 of that Act) conclusive evidence in any proceedings (other than proceedings under section 19 of that Act) of the classification or character of that book or sound recording.
2: Subject to this section and to section 155 sections 41 42 section 23
3: For the purposes of section 39 Gazette
4: For the purposes of the application of sections 41 42 entered in the register made
5: Subject to section 155
a: there shall be no right of appeal under that Act against that decision; but
b: any party to those proceedings may, within 30 working days after that date, apply under section 47
6: Notwithstanding that a decision to which this section applies is deemed to be a decision of the Classification Office, but subject to subsection (5), nothing in subsection (2) shall be construed so as to entitle any person to make an application under section 47 Section 152(4) amended 1 October 2012 section 24 Films, Videos, and Publications Classification Amendment Act 2012
153: Proceedings pending or in train before Indecent Publications Tribunal
1: Subject to section 155
a: a book or sound recording has been submitted to the Tribunal under section 14 or section 20 of the Indecent Publications Act 1963; or
b: under section 19A of that Act, the High Court has referred a matter back to the Tribunal for reconsideration,— and those proceedings are pending before the Tribunal at the commencement of this section.
2: Where this section applies, and the proceedings have not commenced, the following provisions shall apply:
a: the Tribunal shall refer the matter to the Classification Office:
b: the Classification Office shall deal with the matter as if the book or sound recording had been submitted to the Classification Office under section 13 Parts 4 5
3: Where this section applies, and the proceedings have commenced, the following provisions shall apply:
a: the proceedings shall continue as if this Act had not been passed:
b: section 152
c: except where the decision of the Tribunal is made on a matter that has been referred back to it by the High Court under section 19A of the Indecent Publications Act 1963, section 47
154: Proceedings pending or in train before High Court
Subject to section 155
a: the proceedings shall continue as if this Act had not been passed:
b: if, in the case of an appeal under section 19 of the Indecent Publications Act 1963, the High Court decides that the matter ought to be referred back to the Tribunal pursuant to section 19A of that Act, the court shall, instead of exercising that power, refer the matter to the Classification Office, and in any such case—
i: the Classification Office shall deal with the matter as if the book or sound recording to which the appeal relates had been submitted to the Classification Office under section 13 Parts 4 5
ii: the proceedings before the High Court shall be deemed to be finally determined by virtue of this section:
c: subject to paragraph (b), section 152
155: Question of indecency arising in court proceedings
1: Notwithstanding anything in sections 152 to 154
a: where, before the commencement of this section, a book or sound recording has been referred to the Tribunal under section 12 or section 18(2) of the Indecent Publications Act 1963, and, at the commencement of this section,—
i: those proceedings are pending before the Tribunal; or
ii: the Tribunal has made a decision in those proceedings but the period of 28 days referred to in section 19(1) of the Indecent Publications Act 1963 within which any party to the proceedings before the Tribunal is entitled to appeal to the High Court against that decision has not expired, and no such appeal has been lodged; or
iii: an appeal to the High Court against the decision of the Tribunal in respect of that referral is pending:
b: where, before the commencement of this section, a book or sound recording has been referred to the High Court under section 18(2) of the Indecent Publications Act 1963, and, at the commencement of this section, those proceedings are pending before that court:
c: where, before the date of the commencement of this section, the question referred to in subsection (1) of section 12 of the Indecent Publications Act 1963 has arisen in any civil or criminal proceedings and, by virtue of that section, that question would, before that date, have been required to be referred to the Tribunal for decision and report but has not been so referred before that date:
d: where, on or after the date of the commencement of this section, the question referred to in subsection (1) of section 12 of the Indecent Publications Act 1963 arises in any civil or criminal proceedings (including proceedings for an offence against that Act or proceedings under the Customs Act 1966) and, by virtue of that section, that question would, before that date, have been required to be referred to the Tribunal for decision and report.
2: Where this section applies, the following provisions shall apply:
a: the provisions of the Indecent Publications Act 1963 (including those provisions that confer a right of appeal to the High Court against a decision of the Tribunal) shall continue and be in force for the purposes of dealing with the matter, as if this Act had not been passed:
b: except where a classification has been given to the book or sound recording under this Act, section 152
3: Nothing in subsection (2)(b) shall apply in respect of a decision of the Tribunal in any case where that decision is superseded by a decision of the High Court on an appeal against the Tribunal's decision.
156: Alteration of appeal period
Notwithstanding anything in any of sections 152 to 155 or within such further period as the High Court may allow
157: Interim restriction orders to lapse
In any case where, under section 153 section 154
158: Restriction orders deemed to be serial publication orders
Every restriction order made under section 15A of the Indecent Publications Act 1963 that is in force immediately before the date of the commencement of this section—
a: shall be deemed to be a serial publication order made under section 37
b: unless it is sooner revoked under this Act, shall expire on the date on which the order would have expired if this Act had not been passed.
159: Exemptions
1: Every exemption granted under section 31 of the Indecent Publications Act 1963 that is in force immediately before the date of the commencement of this section—
a: shall be deemed to be an exemption granted under section 44
b: shall expire on the date on which the exemption would have expired if this Act had not been passed.
2: Where—
a: before the commencement of this section, an application has been made to the Minister of Justice for an exemption under section 31 of the Indecent Publications Act 1963 in respect of any publication; and
b: at the date of the commencement of this section, that application is still subsisting and has not been finally determined,— that application shall be deemed to have lapsed on that date, but without prejudice to the right of the applicant to make an application under section 44 Video Recordings Act 1987
160: Interpretation
In sections 161 to 166 Authority Video Recordings Board of Review
161: Classification decisions under Video Recordings Act 1987
1: This section applies to every decision made under the Video Recordings Act 1987 by the Authority or the Video Recordings Board of Review in respect of any video recording and that, immediately before the commencement of this section, is (subject to sections 29(2), 30, 36, and 41 of that Act) conclusive evidence in any proceedings of the classification or character of that video recording.
2: Subject to this section and to sections 164 171 sections 41 42 section 23
3: For the purposes of subsection (2), a decision to which this section applies shall,—
a: if the decision is that a video recording is not indecent, be deemed to be a decision that the video recording is unrestricted:
b: if the decision is that a video recording is a restricted video recording within the meaning of the Video Recordings Act 1987, be deemed to be a decision that the video recording is a restricted video recording under this Act, with such classification as is determined in accordance with regulations made under this Act:
c: if the decision is that a video recording is indecent, be deemed to be a decision that the video recording is objectionable.
4: For the purposes of section 39
5: For the purposes of the application of sections 41 42 entered in the register made
6: Subject to section 164
a: there shall be no right to lodge an application under that section in respect of that video recording; but
b: any person who would have been entitled to lodge an application under that section in respect of that video recording may, within 30 working days after that date, apply under section 47
7: Notwithstanding that a decision to which this section applies is deemed to be a decision of the Classification Office, but subject to subsection (6), nothing in subsection (2) shall be construed so as to entitle any person to make an application under section 47 Section 161(5) amended 1 October 2012 section 25 Films, Videos, and Publications Classification Amendment Act 2012
162: Videos before labelling body
Where, before the commencement of this section, an application has been made under section 12 of the Video Recordings Act 1987 for the issue of a label in respect of any video recording and, at the commencement of this section, the labelling body under that Act has not issued a label under section 13 of that Act in respect of that video recording,—
a: the application shall be determined under this Act as if it were an application made under section 9
b: the labelling body under the Video Recordings Act 1987 shall forthwith forward to the labelling body under this Act all material in its possession that relates to the application.
163: Proceedings pending before Authority or Board of Review
1: Subject to section 164
a: a video recording has been submitted to the Authority under section 15 or section 19 or section 30 of the Video Recordings Act 1987; or
b: an application has been made under section 36 of the Video Recordings Act 1987 for the review, by the Video Recordings Board of Review, of a video recording,— and, at the commencement of this section, that submission or, as the case may be, that application is pending before the Authority or, as the case may be, the Video Recordings Board of Review.
2: Where this section applies, the following provisions shall apply:
a: the Authority or, as the case requires, the Video Recordings Board of Review shall refer the matter to the Classification Office:
b: the Classification Office shall deal with the matter as if the video recording had been submitted to the Classification Office under section 13 Parts 4 5
c: the Authority or, as the case requires, the Video Recordings Board of Review shall forthwith forward to the Classification Office all material in its possession that relates to the matter.
164: Question of indecency arising in court proceedings
1: Notwithstanding anything in sections 161 to 163
a: where, before the commencement of this section, a video recording has been referred to the Authority under section 20 or section 29(3) of the Video Recordings Act 1987, and, at the commencement of this section,—
i: those proceedings are pending before the Authority; or
ii: the Authority has made a decision in those proceedings but the period of 30 days prescribed by section 37(1)(b) of the Video Recordings Act 1987 within which an application may be made under section 36 of that Act to the Video Recordings Board of Review in respect of the video recording has not expired, and no such application has been lodged; or
iii: an application under section 36 of that Act in respect of that video recording is pending:
b: where, before the commencement of this section, a video recording has been referred to the Video Recordings Board of Review under section 29(3) of the Video Recordings Act 1987, and, at the commencement of this section, those proceedings are pending before that Board:
c: where, before the date of the commencement of this section, the question referred to in subsection (1) of section 20 of the Video Recordings Act 1987 has arisen in any civil or criminal proceedings and, by virtue of that section, that question would, before that date, have been required to be referred to the Authority for decision but has not been so referred before that date:
d: where, on or after the date of the commencement of this section, the question referred to in subsection (1) of section 20 of the Video Recordings Act 1987 arises in any civil or criminal proceedings (including proceedings for an offence against that Act or proceedings under the Customs Act 1966) and, by virtue of that section, that question would, before that date, have been required to be referred to the Authority for decision.
2: Where this section applies, the following provisions shall apply:
a: the provisions of the Video Recordings Act 1987 (including Parts 3 4
b: except where a classification has been given to the video recording under this Act, section 161
3: Nothing in subsection (2)(b) shall apply in respect of a decision of the Authority in any case where that decision is superseded by a decision of the Video Recordings Board of Review in accordance with section 38(10) of the Video Recordings Act 1987.
165: Proceedings before High Court or Court of Appeal
For the avoidance of doubt, it is hereby declared that section 22 of the Acts Interpretation Act 1924 applies in respect of any proceedings under Part 4 of the Video Recordings Act 1987 that are pending before the High Court or the Court of Appeal at the commencement of this section.
166: Exemptions
1: Every exemption granted under section 64 of the Video Recordings Act 1987 that is in force immediately before the date of the commencement of this section—
a: shall be deemed to be an exemption granted under section 44
b: shall expire on the date on which the exemption would have expired if this Act had not been passed.
2: Where,—
a: before the commencement of this section, an application has been made to the Minister for an exemption under section 64 of the Video Recordings Act 1987 in respect of any publication; and
b: at the date of the commencement of this section, that application is still subsisting and has not been finally determined,— that application shall be deemed to have lapsed on that date, but without prejudice to the right of the applicant to make an application under section 44 Films Act 1983
167: Interpretation
In sections 168 to 170 Chief Censor Films Censorship Board of Review
168: Classification decisions under Films Act 1983
1: This section applies to every decision made under the Films Act 1983 by the Chief Censor or the Films Censorship Board of Review approving a film for exhibition or refusing to approve a film for exhibition, where that decision is subsisting immediately before the commencement of this section.
2: Subject to this section and to section 171 sections 41 42 section 23
3: For the purposes of subsection (2), a decision to which this section applies shall,—
a: if the decision approves a film for exhibition, be deemed to be a decision according the film such classification as is determined in accordance with regulations made under this Act:
b: if the decision refuses to approve a film for exhibition, be deemed to be a decision that the film is objectionable.
4: For the purposes of section 39
5: For the purposes of the application of sections 41 42 entered in the register made
6: Where, in respect of a decision to which this section applies (being a decision of the Chief Censor), the period of 30 days prescribed by section 31(1)(a) of the Films Act 1983 within which an application may be made under section 30 of that Act to the Films Censorship Board of Review in respect of the film has not, at the date of the commencement of this section, expired, and no such application has been lodged before that date,—
a: there shall be no right to lodge an application under that section in respect of that film; but
b: any person who would have been entitled to lodge an application under that section in respect of that film may, within 30 working days after that date, apply under section 47
7: Notwithstanding that a decision to which this section applies is deemed to be a decision of the Classification Office, but subject to subsection (6), nothing in subsection (2) shall be construed so as to entitle any person to make an application under section 47
8: Nothing in this section applies in respect of a decision of the Chief Censor under section 17 of the Films Act 1983. Section 168(5) amended 1 October 2012 section 26 Films, Videos, and Publications Classification Amendment Act 2012
169: Proceedings pending before Chief Censor or Board of Review
1: This section applies where, before the commencement of this section,—
a: an application has been made to the Chief Censor under section 8 of the Films Act 1983 in respect of a film; or
b: an application has been lodged under section 31 or section 34 of the Films Act 1983 for the review or, as the case requires, the examination, by the Films Censorship Board of Review, of a film,— and, at the commencement of this section, that application is pending before the Chief Censor or, as the case may be, the Films Censorship Board of Review.
2: Where this section applies, the following provisions shall apply:
a: the Chief Censor or, as the case requires, the Films Censorship Board of Review shall refer the matter to the Classification Office:
b: the Classification Office shall deal with the matter as if the film had been submitted to the Classification Office under section 13 Parts 4 5
c: the Chief Censor or, as the case requires, the Films Censorship Board of Review shall forthwith forward to the Classification Office all material in its possession that relates to the matter.
170: Proceedings before High Court or Court of Appeal
For the avoidance of doubt, it is hereby declared that section 22 of the Acts Interpretation Act 1924 applies in respect of any proceedings under Part 3 of the Films Act 1983 that are pending before the High Court or the Court of Appeal at the commencement of this section. Dual censorship decisions
171: Dual censorship decisions
1: This section applies where, in respect of any film, the application of the provisions of this Part would result in that film receiving a classification under this Act both—
a: by virtue of a decision made in respect of that film under the Video Recordings Act 1987; and
b: by virtue of a decision made in respect of that film under the Films Act 1983.
2: Where—
a: this section applies; and
b: by virtue of those decisions under those enactments, the film would receive the same classification or different classifications; and
c: the decisions under those enactments were made on different dates,— then, notwithstanding anything to the contrary in this Part, for the purposes of section 42
3: Where this section applies, and, by virtue of those decisions under those enactments, the film would receive different classifications, the following provisions shall apply:
a: if either decision would result in the film being deemed in accordance with this Part to have been classified by the Classification Office as objectionable, then,—
i: notwithstanding anything in this Part, the film shall be deemed (in accordance with the relevant provision of this Part) to have been so classified, and, subject to subparagraph (ii), the decision that would result in that film receiving a different classification (in this paragraph referred to as the other decision
ii: notwithstanding anything in this Act or in any other enactment, no person who, at any time before the classification of that film (as so deemed) is reconsidered in accordance with the provisions of this Act, does anything in relation to that film for any purpose related to the public exhibition of that film (in any case where the other decision is a decision under the Films Act 1983) or for any purpose related to the public supply of that film (in any case where the other decision is a decision under the Video Recordings Act 1987) commits an offence against this Act or any other enactment if what that person does is in accordance with the classification that the film would have been deemed to have had in accordance with this Part (in this subparagraph referred to as the alternative classification
b: if both decisions would result in the film being deemed in accordance with this Part to have been classified by the Classification Office as a restricted publication, then,—
i: notwithstanding anything in this Part, the film shall be deemed (in accordance with the relevant provision of this Part) to have been so classified, and to have the more restrictive of the 2 classifications, and, subject to subparagraph (ii), the decision that would result in that film receiving a less restrictive classification (in this paragraph referred to as the other decision
ii: notwithstanding anything in this Act or in any other enactment, no person who, at any time before the classification of that film (as so deemed) is reconsidered in accordance with the provisions of this Act, does anything in relation to that film for any purpose related to the public exhibition of that film (in any case where the other decision is a decision under the Films Act 1983) or for any purpose related to the public supply of that film (in any case where the other decision is a decision under the Video Recordings Act 1987) commits an offence against this Act or any other enactment if what that person does is in accordance with the classification that the film would have been deemed to have had in accordance with this Part (in this subparagraph referred to as the alternative classification
c: if one decision would result in the film being deemed in accordance with this Part to have been classified by the Classification Office as a restricted publication, and the other decision would result in the film being deemed to have been classified as unrestricted, then,—
i: notwithstanding anything in this Part, the film shall be deemed (in accordance with the relevant provision of this Part) to have been classified as a restricted publication, and, subject to subparagraph (ii), the decision that would result in that film receiving a different classification (in this paragraph referred to as the other decision
ii: notwithstanding anything in this Act or in any other enactment, no person who, at any time before the classification of that film (as so deemed) is reconsidered in accordance with the provisions of this Act, does anything in relation to that film for any purpose related to the public exhibition of that film (in any case where the other decision is a decision under the Films Act 1983) or for any purpose related to the public supply of that film (in any case where the other decision is a decision under the Video Recordings Act 1987) commits an offence against this Act or any other enactment if what that person does is in accordance with the classification that the film would have been deemed to have had in accordance with this Part (in this subparagraph referred to as the alternative classification
d: notwithstanding anything in this Part, for as long as the decision classifying that film is deemed in accordance with this Part to be a decision of the Classification Office, nothing in section 41 Miscellaneous provisions
172: Vacation of office of existing office-holders
Subject to section 173 Interpretation Act 1999 Section 172 amended 1 November 1999 section 38(1) Interpretation Act 1999
173: Existing Inspectors deemed to be Inspectors
Notwithstanding section 103
a: where, immediately before the commencement of this section, that person was an employee of the Department of Internal Affairs, as an Inspector of Publications under section 103(1)
b: in any other case, as an Inspector of Publications under section 103(2)
174: Restrictions on redundancy and other entitlements
Where—
a: any employee of the Department of Internal Affairs ceases to be employed by that department; and
b: on or before the date on which that employment so ceases, that employee receives an offer of employment in the Classification Office, being an offer of employment on terms and conditions that, taken as a whole, are substantially similar to, or better than, the terms and conditions of employment applying to that person immediately before that date,— then, notwithstanding the terms of that employee's contract of service with the Department of Internal Affairs, that employee shall not be entitled to receive any payment or other benefit from that department by reason only of that person so ceasing to be an employee of that department, whether or not that person accepts that offer of employment in the Classification Office. 1993 No 23 s 13(1)
175: Part to apply in respect of subsisting decisions under previous Films Acts
Where, at the commencement of this section, any decision made under the Cinematograph Films Act 1976 or any former corresponding Act (being a decision that, by virtue of the provisions of the Interpretation Act 1999 Section 175 amended 1 November 1999 section 38(1) Interpretation Act 1999 Regulations
176: Regulations relating to transitional matters
Section 176 expired and deemed to have been repealed 1 April 1999 section 177
177: Expiry of section 176
Section 176
a: section 176
b: any regulations made under section 149 section 176 |
DLM300510 | 1993 | Historic Places Act 1993 | 1: Short Title and commencement
1: This Act may be cited as the Historic Places Act 1993.
2: This Act shall come into force on 1 July 1993.
2: Interpretation
In this Act, unless the context otherwise requires,— archaeological site
a: either—
i: was associated with human activity that occurred before 1900; or
ii: is the site of the wreck of any vessel where that wreck occurred before 1900; and
b: is or may be able through investigation by archaeological methods to provide evidence relating to the history of New Zealand Board section 40 chief executive conservation Council section 84(1) customary marine title area section 9(1) Environment Court section 247 financial year heritage order Resource Management Act 1991 historic area
a: contains an interrelated group of historic places; and
b: forms part of the historical and cultural heritage of New Zealand; and
c: lies within the territorial limits of New Zealand historic place
a: means—
i: any land (including an archaeological site); or
ii: any building or structure (including part of a building or structure); or
iii: any combination of land and a building or structure ; or
iv: any combination of land, buildings or structures, and associated buildings or structures (including any part of those buildings or structures, or associated buildings or structures)–– that forms a place that is
b: includes anything that is in or fixed to such land holder of an authority section 14 holder land local authority Maori Heritage Council section 84 Minister occupier planning document section 9(1) public notice
a: 1 or more daily newspapers circulating in the region or district in which the historic place, historic area, wahi tapu, or wahi tapu area concerned is situated; or
b: 1 or more other newspapers that have at least an equivalent circulation in that region or district to the daily newspapers circulating in that region or district,— together with such other public notice (if any) as the Trust thinks desirable in the circumstances; and publicly notify public notification regional council
a: means a regional council within the meaning of the Local Government Act 2002
b: register section 22 registered interest Land Transfer Act 1952 registered place Part 2 statutory acknowledgement Schedule 11 territorial authority Local Government Act 2002 Trust section 38 wahi tapu wahi tapu area working day
a: a Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi 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 10 Section 2 chief executive inserted 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 2 customary marine title area inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2 Director-General repealed 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 2 Environment Court inserted 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 2 financial year substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 2 historic place amended 1 August 2006 section 4(2) Historic Places Amendment Act 2006 Section 2 historic place amended 1 August 2006 section 4(1) Historic Places Amendment Act 2006 Section 2 historic place inserted 1 August 2006 section 4(1) Historic Places Amendment Act 2006 Section 2 Minister substituted 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 2 occupier substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002 Section 2 planning document inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 2 Planning Tribunal repealed 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 2 regional council substituted 1 July 2003 section 262 Local Government Act 2002 Section 2 regional council repealed 1 August 2006 section 4(3) Historic Places Amendment Act 2006 Section 2 statutory acknowledgement inserted 1 October 1998 section 227 Ngāi Tahu Claims Settlement Act 1998 Section 2 territorial authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 2 working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2 working day amended 1 August 2006 section 4(4) Historic Places Amendment Act 2006
3: Act to bind the Crown
This Act shall bind the Crown. 1980 No 16 s 3
4: Purpose and principles
1: The purpose of this Act is to promote the identification, protection, preservation, and conservation of the historical and cultural heritage of New Zealand.
2: In achieving the purpose of this Act, all persons exercising functions and powers under it shall recognise—
a: the principle that historic places have lasting value in their own right and provide evidence of the origins of New Zealand's distinct society; and
b: the principle that the identification, protection, preservation, and conservation of New Zealand's historical and cultural heritage should—
i: take account of all relevant cultural values, knowledge, and disciplines; and
ii: take account of material of cultural heritage value and involve the least possible alteration or loss of it; and
iii: safeguard the options of present and future generations; and
iv: be fully researched, documented, and recorded, where culturally appropriate; and
c: the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, wahi tapu, and other taonga.
1: Protection of historic places
Heritage orders
5: Heritage orders
Without limiting any of the provisions of the Resource Management Act 1991
a: the whole or part of any historic place, historic area, wahi tapu, or wahi tapu area; and
b: such area of land (if any) surrounding that historic place, historic area, wahi tapu, or wahi tapu area as is reasonably necessary for the purpose of ensuring the protection and reasonable enjoyment of it. Heritage covenants
6: Heritage covenants
1: Subject to subsection (5), the Trust may negotiate and agree with the owner or lessee or licensee of any historic place, historic area, wahi tapu, or wahi tapu area for the execution of a heritage covenant to provide for the protection, conservation, and maintenance of that place, area, or wahi tapu.
2: Subject to subsection (5), a heritage covenant may include such terms and conditions as the parties think fit, including provision for public access.
3: Without limiting subsection (2), a heritage covenant may be expressed to have effect in perpetuity or for any specified term, or may be expressed to terminate upon the happening of a specific event or events.
4: Subject to subsection (5), any heritage covenant may be varied or cancelled by agreement between the owner, lessee, or licensee (as the case may be) of the land for the time being and the Trust.
5: The consent of the owner of the land shall be required where—
a: any lessee or licensee of any land proposes to enter into a heritage covenant with the Trust; or
b: any lessee or licensee of any land and the Trust propose to vary or cancel a heritage covenant under subsection (4).
6: In the case of the proposed execution of a heritage covenant or a variation of such a covenant, any consent given under subsection (5) may be given subject to the inclusion in the heritage covenant or variation of the heritage covenant of any additional provisions or modified provisions, or to the deletion of such provisions, as the owner giving the consent considers necessary.
7: For the purposes of this section and section 8
a: the term owner
b: the term land
8: Nothing in this Act shall require the Trust to negotiate or agree with any person to enter into or execute any heritage covenant.
9: Nothing in sections 316 to 318 Section 6(9) amended 1 January 2008 section 364(1) Property Law Act 2007
7: Effect of heritage covenants
1: Every heritage covenant shall have effect according to its tenor but subject to the provisions of this Act.
2: For the avoidance of doubt, it is hereby declared that—
a: the execution of a heritage covenant in respect of a historic place, historic area, wahi tapu, or wahi tapu area shall not prevent the Trust from exercising any powers in the Resource Management Act 1991
b: nothing in any heritage covenant shall permit or allow any person to carry out any act contrary to the provisions of this Act.
8: District Land Registrar to register heritage covenants
1: Every heritage covenant—
a: shall be deemed to be an instrument creating an interest in the land within the meaning of section 62
b: shall be deemed to be a covenant running with the land when registered under the Land Transfer Act 1952
2: Where a heritage covenant has been registered under the Land Transfer Act 1952 section 6(4)
3: Where the burden of a heritage covenant applies to land comprising part of the land in a certificate of title, the District Land Registrar may require the deposit of a plan in accordance with section 167 Archaeological sites
9: Application of sections 10 to 20
1: Sections 10 to 20
2: Sections 10 to 20 paragraph (a) of the definition of the term archaeological site in section 2 Gazette
3: As soon as practicable after a declaration is notified in the Gazette
10: Archaeological sites not to be destroyed, damaged, or modified
1: Except pursuant to an authority granted under section 14
2: Except as provided in section 15 section 18
11: Application to destroy, damage, or modify archaeological site
1: Any person wanting to destroy, damage, or modify the whole or any part of any archaeological site shall first apply to the Trust for an authority to do so.
2: An application for an authority to destroy, damage, or modify an archaeological site shall include the following information:
a: a description of the activity for which the authority is sought and its location:
b: a description of the archaeological site over which authority is sought to modify:
c: an assessment of any archaeological, Maori, or other relevant values and the effect of the proposal on those values:
d: a statement as to whether consultation with tangata whenua and any other person likely to be affected—
i: has taken place, in which case details of such consultation shall be provided, including the identity of the parties involved and the nature of the views expressed; or
ii: has not taken place, in which case reasons as to why such consultation has not taken place shall be provided:
e: the consent of the owner if the owner is not the applicant.
3: The Trust may, by written notice to the applicant, require the applicant to provide further information relating to the application.
12: Application for general authority to destroy, damage, or modify archaeological site
1: Any person wanting to destroy, damage, or modify the whole or any part of—
a: all archaeological sites within a specified area of land; or
b: any class of archaeological site within a specified area of land,— may, instead of making an application under section 11 section 14
2: Subsection (1) applies notwithstanding that some or all of the sites or possible sites within the specified area of land have not been recorded or otherwise previously identified.
3: Sections 11(2) 14
13: Investigation where no authority application lodged
Where the Trust has reasonable cause to believe that work that will destroy, damage, or modify any archaeological site will proceed and where no application for an authority has been made under section 11 section 12
a: carry out an investigation for the purpose of obtaining information on whether or not an archaeological site exists and whether an authority is necessary; and
b: recover an amount not exceeding the cost of such investigation from the owner or occupier of the land on which there is believed to be an archaeological site or from any person carrying out the work.
14: Powers of Trust in relation to authority application
1: On receipt of an application for an authority to destroy, damage, or modify any archaeological site or sites under section 11 section 12
a: grant an authority in whole or in part, subject to such conditions as it sees fit:
b: decline to grant an authority in whole or in part:
c: exercise all or any of the powers specified in any of sections 5 16 17 18 21
2: Where an application is made for a general authority, under section 12
a: every individual site present within the specified area of land; or
b: every individual site of the class to which the application relates that is present within that area.
3: Where an application made under subsection (2) relates to a site or sites that the Trust considers to be a site of Maori interest, the Trust shall refer that application to the Maori Heritage Council to make such recommendations as the Council may consider appropriate, following such consultation as the Council considers appropriate.
3A: In exercising a power under any of subsections (1) to (3), the Trust must have regard (in accordance with the provisions of the relevant Act) to a statutory acknowledgement that relates to the site or sites concerned.
3B: The Trust must comply with section 89
4: The Trust shall make its decision within 3 months after an application in respect of a site is lodged with the Trust under section 11 section 12
5: Subject to subsections (6) and (7) or where the Trust requires further information under subsection (4), the Trust may extend the time period specified in subsection (4).
6: When exercising its power under subsection (5), the Trust shall have regard to—
a: the interests of any person who, in its opinion, may be directly affected by the extension; and
b: the necessity to achieve adequate assessment of the application.
7: The extension of a time period under subsection (5) shall not have the effect of more than doubling the maximum time period specified in subsection (4).
8: If the Trust extends the time period specified under subsection (4), it shall without delay notify every person who, in its opinion, is directly affected by the extension of the time period of—
a: the reasons for the decision; and
b: the new time limit within which any action must be completed.
9: The Trust shall advise the appropriate local authority of any decision made under subsection (1).
10: An authority granted under subsection (1) lapses on the date specified in the authority, or if no date is specified, 5 years after the date of the granting of the authority. Section 14(3A) inserted 1 October 1998 section 228 Ngāi Tahu Claims Settlement Act 1998 Section 14(3B) inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011 Section 14(10) substituted 1 August 2003 section 102(1) Resource Management Amendment Act 2003
15: Conditions of authority
1: Without limiting the powers of the Trust to impose conditions when granting an authority under section 14(1)
2: Where the Trust has imposed a condition of a kind referred to in subsection (1), then, unless the Trust determines otherwise in any particular case, the authority shall not be exercised by the holder until the Trust has been advised in writing by that holder of the completion of the on-site archaeological investigation, and either—
a: 20 working days have elapsed after receipt of that advice; or
b: a decision made by the Trust under section 16 whichever is the later.
3: Notwithstanding subsection (2), where the Trust imposes a condition of a kind referred to in subsection (1), no person shall exercise any authority to destroy, damage, or modify the site unless the person has paid to the Trust an amount equal to the cost of carrying out the investigation, although in the case of hardship or other special circumstances, the Trust may, at its discretion, require this amount to be paid in instalments, reduce the amount payable, or waive payment.
4: Nothing in subsection (3) applies where the Trust has given its consent under section 17
16: Review of conditions of authority
1: At any time while an authority granted under section 14
a: the holder of an authority may apply to the Trust for the change or cancellation of any condition of the authority; or
b: the Trust may initiate a review of all or any of the conditions of the authority and, following that review, may change or cancel any of those conditions.
2: An application made under subsection (1)(a) shall specify—
a: details of the authority; and
b: the area of land involved; and
c: the condition or conditions in respect of which a variation is sought; and
d: the reasons for the application.
3: The Trust may decline to consider an application under subsection (1)(a) if the application does not comply with subsection (2), in which event it shall advise the applicant.
4: On receipt of an application for review under subsection (1)(a), the Trust shall consider the application in the same manner as if it were an application for an authority and shall make a decision on the application; and the provisions of subsection (1) and subsections (6) to (10) of section 14
5: Where the Trust initiates a review of the conditions of an authority under subsection (1)(b), the following provisions shall apply:
a: the Trust shall serve a notice on the holder of the authority of its intention to review all or specified conditions of the authority:
b: the holder of the authority may, within 20 working days after the date of service of a notice under paragraph (a) or within such further time as may be allowed by the Trust, make written submissions concerning the review of the conditions specified in the notice:
c: the Trust shall consider any written submissions before making a decision upon the review:
d: the Trust shall make a decision on the review within 20 working days after the last date for receiving submissions.
17: Rights and duties under authority applications
1: With the prior consent in writing of the Trust, the holder of an authority granted under section 14 section 15(3)
2: The Trust may refuse consent under subsection (1) if not satisfied that the person proposed by the holder of the authority to carry out the work—
a: has sufficient access to appropriate institutional and professional resources; or
b: is sufficiently skilled and competent and is in every other way capable of ensuring the proposed work is carried out satisfactorily.
3: In every case, the Trust or a person approved by the Trust for the purpose shall, to the satisfaction of the Trust, compile a report on the work done and furnish a copy of it as soon as practicable to—
a: the holder of the authority and to the owner, if that person is not the holder; and
b: the Trust, if it has not carried out the work.
18: Investigation of archaeological sites
1: For any purpose consistent with this Act, but subject to subsections (2) and (4), the Trust may—
a: carry out an archaeological investigation of any archaeological site:
b: authorise in writing any person to carry out an archaeological investigation of any such site subject to such conditions as it thinks fit to impose.
2: Any person may apply to the Trust for an authority under subsection (1)(b) and the Trust, in considering the application, shall take into account the purposes of the investigation, the competency of the person, and the adequacy of the institutional and professional resources available to that person to enable the investigation to be satisfactorily carried out.
3: No archaeological investigation shall be carried out under this section except with the consent of the owner and occupier of the land on which the site is situated and, where the Maori Heritage Council considers it appropriate, with the consent of such iwi authority or other body as the Maori Heritage Council considers appropriate.
4: All archaeological work done under subsection (1) shall conform to accepted archaeological practice and the land shall be returned to its former state as near as possible, unless otherwise agreed with the owner.
5: Nothing in this section applies to an investigation required as a condition of an authority imposed under section 15
19: Advice to
chief executive The Trust shall, within 20 working days after granting an authority under section 14 section 18 chief executive Protected Objects Section 19 heading amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 19 amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 19 amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Rights of appeal
20: Rights of appeal
1: Any person who is directly affected by any declaration, decision, condition, or review of any decision made or imposed by the Trust under—
a: section 9
b: section 13
c: section 14(1)(a), or (b), or (10)
d: section 15
e: section 16
f: section 17
g: section 18 may appeal against that declaration, decision, condition, or review to the Environment Court
2: Notice of appeal under this section shall—
a: state the reasons for the appeal and the relief sought; and
b: state any matters that regulations made under the Resource Management Act 1991 section 120
c: be lodged with the Environment Court
3: The appellant shall ensure that a copy of the notice of appeal is served on the applicant or owner concerned (where that person is not the appellant) within 5 working days of the notice being lodged with the Environment Court
4: Without limiting the powers of the court Resource Management Act 1991 court court
5: Subject to subsections (2), (3), and (6), every appeal shall be made, heard, and determined by the Environment Court Resource Management Act 1991
6: In determining an appeal under this section in respect of a decision made under paragraph (a) or paragraph (b) of section 14(1) court
a: the historical and cultural heritage value of the site and any other factors justifying the protection of the site:
b: the purpose and principles of this Act:
c: the extent to which protection of the site prevents or restricts the existing or reasonable future use of the site for any lawful purpose:
d: the interests of any person directly affected by the decision of the Trust:
e: a statutory acknowledgement that relates to the site or sites concerned:
f: the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, wahi tapu, and other taonga.
6A: For the purposes of subsection (6)(e), if the court has regard to a statutory acknowledgement, the court must have regard to the statutory acknowledgement in accordance with the provisions of the relevant Act.
6B: In determining an appeal in respect of a decision made under section 14(1)(a) or (b) section 89
7: Nothing in this section limits or affects the powers of the Trust to issue a requirement for a heritage order. Section 20(1) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 20(1)(c) amended 1 August 2003 section 102(2) Resource Management Amendment Act 2003 Section 20(2)(c) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 20(3) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 20(4) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 20(5) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 20(6) amended 2 September 1996 section 6(2)(a) Resource Management Amendment Act 1996 Section 20(6)(e) added 1 October 1998 section 229(1) Ngāi Tahu Claims Settlement Act 1998 Section 20(6)(f) added 1 August 2006 section 5 Historic Places Amendment Act 2006 Section 20(6A) inserted 1 October 1998 section 229(2) Ngāi Tahu Claims Settlement Act 1998 Section 20(6B) inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
20A: Commencement of authority
1: An authority granted under this Act by the Trust commences when—
a: the time for lodging appeals under section 20(1)(c), (d), (e), (f), or (g)
b: the Environment Court determines any appeals lodged under section 20(1)(c), (d), (e), (f), or (g)
c: all appellants withdraw their appeals lodged under section 20(1)(c), (d), (e), (f), or (g)
2: Subsection (1) applies subject to the authority or a determination of the Environment Court specifying a later commencement date. 1991 No 69 s 116(1) Section 20A inserted 1 August 2006 section 6 Historic Places Amendment Act 2006 Rights of entry
21: Rights of entry
1: Any employee of the Trust or any person authorised by the Trust, with such assistants as that employee or person thinks fit, may enter upon any land for the purposes of—
a: carrying out an investigation under section 13
b: obtaining information as to the significance of an archaeological site in order to decide whether or not to impose a condition on an authority under section 15(1)
c: locating, recording, or inspecting any historic place;— and the owner or applicant or occupier shall not obstruct the carrying out of any investigation, locating, recording, or inspection.
2: When an application is granted under section 14(1) section 15(1)
3: The power conferred by subsections (1) and (2) shall include a power to locate, record, or inspect any historic place and to do all things as may be reasonably necessary for such locating, recording, or inspecting, including affixing any pegs, marks, or poles.
4: The power to enter upon land conferred by subsections (1) and (2) shall be subject to the following conditions:
a: entry to the land shall be made only by an employee of the Trust or person authorised by it in writing:
b: reasonable notice of the intention to enter shall be given:
c: entry shall be made at reasonable times:
d: the person entering shall carry with him or her, and shall produce on initial entry and subsequently if required to do so, evidence of his or her authority and identity:
e: if the owner or occupier is not present at the time of entry, the person exercising the power of entry shall leave a notice of the entry in a place where it can easily be seen by the occupier.
5: Nothing in this section shall authorise any employee of the Trust or person authorised by it to enter any dwellinghouse unless a District Court Judge who is satisfied on oath that it is reasonably necessary for an employee of the Trust, or a person authorised by it, to enter a dwellinghouse empowers by warrant any employee of the Trust, or any person authorised by it, to enter that place, but no such warrant shall continue in force for more than 14 days from the date thereof.
2: Registration of historic places, historic areas, wahi tapu, and wahi tapu areas
22: Register of historic places, historic areas, wahi tapu, and wahi tapu areas
1: The Trust shall establish and maintain a register of historic places, historic areas, wahi tapu, and wahi tapu areas.
2: The purposes of the register shall be as follows:
a: to inform members of the public about historic places, historic areas, wahi tapu, and wahi tapu areas:
b: to notify owners of historic places, historic areas, wahi tapu, and wahi tapu areas where necessary for the purposes of this Act:
c: to assist historic places, historic areas, wahi tapu, and wahi tapu areas to be protected under the Resource Management Act 1991
3: The register shall consist of the following:
a: a part relating to historic places, comprising the following categories:
i: Category 1: places of special or outstanding historical or cultural heritage significance or value:
ii: Category 2: places of historical or cultural heritage significance or value:
b: a part relating to historic areas:
c: a part relating to wahi tapu:
d: a part relating to wahi tapu areas.
4: The entry in and removal from the register of details of historic places, historic areas, wahi tapu, and wahi tapu areas shall be in accordance with this Part.
5: An entry in the register in respect of any historic place may include any chattel or object or class of chattels or objects—
a: situated in or on that place; and
b: considered by the Trust to contribute to the significance of that place; and
c: nominated by the Trust.
23: Criteria for registration of historic places and historic areas
1: The Trust may enter any historic place or historic area in the register if the place or area possesses aesthetic, archaeological, architectural, cultural, historical, scientific, social, spiritual, technological, or traditional significance or value.
2: The Trust may assign Category 1 status or Category 2 status to any historic place, having regard to any of the following criteria:
a: the extent to which the place reflects important or representative aspects of New Zealand history:
b: the association of the place with events, persons, or ideas of importance in New Zealand history:
c: the potential of the place to provide knowledge of New Zealand history:
d: the importance of the place to the tangata whenua:
e: the community association with, or public esteem for, the place:
f: the potential of the place for public education:
g: the technical accomplishment or value, or design of the place:
h: the symbolic or commemorative value of the place:
i: the importance of identifying historic places known to date from early periods of New Zealand settlement:
j: the importance of identifying rare types of historic places:
k: the extent to which the place forms part of a wider historical and cultural complex or historical and cultural landscape:
l: such additional criteria for registration of wahi tapu, wahi tapu areas, historic places, and historic areas of Maori interest as may be prescribed in regulations made under this Act:
m: such additional criteria not inconsistent with those in paragraphs (a) to (k) for the purpose of assigning Category 1 or Category 2 status to any historic place, and for the purpose of registration of any historic area, as may be prescribed in regulations made under this Act.
24: Provisions relating to historic places
1: The registration of any historic place may be proposed by the Trust or by any other person.
2: Every proposal for registration—
a: shall describe the historic place to which it relates in such a way as to sufficiently identify it; and
b: may state the proposed category of registration.
3: If satisfied that the proposal is supported by sufficient evidence, the Trust shall—
a: publicly notify the proposal for registration in such manner and in such category as the Trust considers appropriate; and
b: give notice in writing of the proposal to—
i: the owner of the historic place concerned; and
ii: every person having a registered interest in the place; and
iii: the relevant territorial authority and regional council
4: Every owner of an historic place who receives a notice under subsection (3)(b) shall give notice in writing of the proposal to the occupiers of the place.
5: In the case of an application affecting Maori land, the Trust shall give notice of the application to the Registrar of the appropriate Maori Land Court, who shall record the effect of the notice in the court records.
6: No failure of an owner to notify an occupier pursuant to subsection (4) shall invalidate the registration process. Section 24(3)(b)(iii) amended 1 August 2006 section 7 Historic Places Amendment Act 2006
25: Provisions relating to wahi tapu
1: Any person may apply to the Maori Heritage Council to have any wahi tapu entered on the register.
2: An application under this section shall contain a legal description of the land affected and specify the general location and nature of the wahi tapu.
3: If satisfied that the proposal is supported by sufficient evidence, the Council shall—
a: publicly notify the proposal for registration in such manner as the Council considers appropriate; and
b: give notice in writing of the proposal to—
i: the owner of the wahi tapu concerned; and
ii: the relevant territorial authority and regional council
iii: every person having a registered interest in the wahi tapu; and
iv: the appropriate iwi.
4: Every owner of a wahi tapu who receives a notice under subsection (3)(b) shall give notice in writing of the proposal to the occupiers of the place.
5: In the case of an application affecting Maori land, the Trust shall give notice of the application to the Registrar of the appropriate Maori Land Court, who shall record the effect of the notice in the court records.
6: No failure of an owner to notify an occupier pursuant to subsection (4) shall invalidate the registration process in that case. Section 25(3)(b)(ii) amended 1 August 2006 section 8 Historic Places Amendment Act 2006
26: Interim registration
1: The Trust may grant interim registration in respect of any historic place if satisfied that the proposal is supported by sufficient evidence.
2: The Maori Heritage Council may grant interim registration of any wahi tapu, if satisfied that the proposal is supported by sufficient evidence.
3: Interim registration of any historic place or wahi tapu shall be effective on and from the day on which the notice given under section 24(3)(b) section 25(3)(b)
a: when section 32B section 32C
b: 6 months after the date of such interim registration, if
4: Notwithstanding subsection (3)(b), the Trust or the Council, as the case may be, may extend the period of 6 months referred to in that subsection by a further period not exceeding 2 months, and the interim registration of the historic place or wahi tapu concerned shall continue in force for that further period and shall then lapse in accordance with subsection (3).
5: Where the Trust or the Council proposes to extend the interim registration of any historic place or wahi tapu under subsection (4), it shall, at least 1 month before that interim registration expires, notify the owner concerned of the proposal.
6: The owner may, within 5 working days after receiving notice under subsection (5), object in writing to the proposed extension of interim registration and the Trust or the Council, as the case may be, shall determine the objection within 5 working days after receiving the objection.
7: The Trust or the Council, as the case may be, shall, as soon as practicable after the date of its decision to grant an extension under subsection (4), notify the owner concerned of its decision. Section 26(3)(a) amended 1 August 2006 section 9(1) Historic Places Amendment Act 2006 Section 26(3)(a) amended 1 August 2006 section 9(2) Historic Places Amendment Act 2006 Section 26(3)(b) amended 1 August 2006 section 9(2) Historic Places Amendment Act 2006
27: Interim protection of places proposed for registration
While any historic place or wahi tapu has interim registration under section 26 sections 194 195
28: Procedure if registration of historic place or wahi tapu proposed
1: The following persons may make written submissions on a proposal under section 24 section 25
a: the owner of the historic place or wahi tapu:
b: any occupier of the historic place or wahi tapu:
c: any person having a registered interest in the historic place or wahi tapu:
d: any incorporated society or body corporate engaged in or having as one of its objects the protection of historical and cultural heritage:
e: the territorial authority and regional council having jurisdiction in the area:
f: the appropriate iwi.
2: Submissions may be made on a proposal or application whether or not interim registration of the historic place that the proposal relates to or of the wahi tapu that the application relates to has been granted.
3: In the case of an interim registration, submissions must be made to the Trust or Council, as the case may require, within 20 working days after the date of the public notification of the grant of interim registration.
4: In all other cases, submissions must be made to the Trust or Council, as the case may require, within—
a: 20 working days after the public notification of the proposal or application; or
b: any longer period specified by the Trust or Council in a particular case, but not longer than 40 working days after the public notification of the proposal or application.
5: The Council may make any inquiries that it sees fit before deciding whether to register a wahi tapu.
6: If the Trust considers that an historic place proposed for registration is of Maori interest, the Trust must refer the proposal to the Council for its recommendation as to whether the historic place should be registered.
7: When deciding whether to register an historic place, the Trust may reconsider the category of registration proposed of the place concerned and alter the category if it considers this action appropriate. Section 28 substituted 1 August 2006 section 10 Historic Places Amendment Act 2006
29: Final registration may be confirmed by agreement
Section 29 repealed 1 August 2006 section 11 Historic Places Amendment Act 2006
30: Final registration
Section 30 repealed 1 August 2006 section 11 Historic Places Amendment Act 2006
31: Provisions relating to historic areas
1: The Trust or any other person may propose registration of any historic area.
2: Every proposal for registration shall describe the historic area to which it relates in such a way as to sufficiently identify it.
3: If satisfied that the proposal is supported by sufficient evidence, the Trust must—
a: publicly notify the proposal for registration in the manner that the Trust considers appropriate; and
b: give notice in writing of the proposal to—
i: any person that—
A: is an owner of the historic area or part of the historic area; or
B: has a registered interest in the historic area or part of the historic area; and
ii: the relevant territorial authority and regional council.
4: Despite subsection (3)(b), the Trust is not required to give notice under subsection (3)(b)(i) if—
a: the person is both—
i: unknown to the Trust; and
ii: unidentifiable by the Trust from publicly available records; or
b: the person's address is both—
i: unknown to the Trust; and
ii: unidentifiable by the Trust from publicly available records.
5: An owner of an historic area or part of an historic area who receives a notice under subsection (3)(b)(i)(A) must give notice in writing of the proposal to any occupiers of the historic area or part of the historic area owned by the owner.
6: Failure to give notice under subsection (5) does not invalidate the registration process.
7: In the case of an application affecting Maori land, the Trust must give notice of the application to the appropriate Registrar of the Maori Land Court, who must record the notice in the court records.
8: For the purposes of this section, address
a: residence; or
b: business. Section 31(3) substituted 1 August 2006 section 12 Historic Places Amendment Act 2006 Section 31(4) substituted 1 August 2006 section 12 Historic Places Amendment Act 2006 Section 31(5) substituted 1 August 2006 section 12 Historic Places Amendment Act 2006 Section 31(6) substituted 1 August 2006 section 12 Historic Places Amendment Act 2006 Section 31(7) added 1 August 2006 section 12 Historic Places Amendment Act 2006 Section 31(8) added 1 August 2006 section 12 Historic Places Amendment Act 2006
32: Provisions relating to wahi tapu areas
1: Any person may propose to the Maori Heritage Council that any wahi tapu area be entered on the register.
2: Every proposal for registration shall contain a legal description of the general area of land affected and specify the general nature of the wahi tapu included in the area.
3: If satisfied that the proposal is supported by sufficient evidence, the Council must—
a: publicly notify the proposal for registration in the manner that the Council considers appropriate; and
b: give notice in writing of the proposal to—
i: any person that—
A: is an owner of the wahi tapu area or part of the wahi tapu area; or
B: has a registered interest in the wahi tapu area or part of the wahi tapu area; and
ii: the relevant territorial authority and regional council; and
iii: the appropriate iwi.
4: Despite subsection (3)(b), the Council is not required to give notice under subsection (3)(b)(i) if—
a: the person is both—
i: unknown to the Council; and
ii: unidentifiable by the Council from publicly available records; or
b: the person's address is both—
i: unknown to the Council; and
ii: unidentifiable by the Council from publicly available records.
5: An owner of a wahi tapu area or part of a wahi tapu area who receives a notice under subsection (3)(b)(i)(A) must give notice in writing of the proposal to any occupiers of the wahi tapu area or part of the wahi tapu area owned by the owner.
6: Failure to give notice under subsection (5) does not invalidate the registration process.
7: In the case of an application affecting Maori land, the Trust must give notice of the application to the appropriate Registrar of the Maori Land Court, who must record the notice in the court records.
8: For the purposes of this section, address
a: residence; or
b: business. Section 32(3) substituted 1 August 2006 section 13 Historic Places Amendment Act 2006 Section 32(4) substituted 1 August 2006 section 13 Historic Places Amendment Act 2006 Section 32(5) substituted 1 August 2006 section 13 Historic Places Amendment Act 2006 Section 32(6) substituted 1 August 2006 section 13 Historic Places Amendment Act 2006 Section 32(7) added 1 August 2006 section 13 Historic Places Amendment Act 2006 Section 32(8) added 1 August 2006 section 13 Historic Places Amendment Act 2006
32A: Procedure if registration of historic area or wahi tapu area proposed
1: The following persons may make written submissions on a proposal under section 31 section 32
a: every owner of the historic area or wahi tapu area, or part of the historic area or wahi tapu area:
b: any occupier of the historic area or wahi tapu area, or part of the historic area or wahi tapu area:
c: every person having a registered interest in the historic area or wahi tapu area, or part of the historic area or wahi tapu area:
d: any incorporated society or body corporate engaged in or having as one of its objects the protection of historical and cultural heritage:
e: the relevant territorial authority and regional council:
f: the appropriate iwi.
2: The submissions must be made to the Trust or Council, as the case may require, within—
a: 20 working days after the public notification of the proposal or application; or
b: any longer period specified by the Trust or Council in a particular case, but not longer than 40 working days after the public notification of the proposal or application.
3: The Council may make any inquiries that it sees fit before deciding whether to register a wahi tapu area.
4: If the Trust considers that an historic area proposed for registration is of Maori interest, the Trust must refer the proposal to the Council for its recommendation as to whether the historic area should be registered. Section 32A inserted 1 August 2006 section 14 Historic Places Amendment Act 2006
32B: Registration may be confirmed by agreement
The Trust or the Council (as the case may be) may confirm the registration of the historic place, wahi tapu, historic area, or wahi tapu area at any time—
a: after notice of a proposal has been given under section 24(3)(b) section 25(3)(b) section 31(3)(b) section 32(3)(b)
b: with the agreement of all owners and all persons holding a registered interest. Section 32B inserted 1 August 2006 section 14 Historic Places Amendment Act 2006
32C: When registration occurs
1: An historic place, a wahi tapu, an historic area, or a wahi tapu area is registered when—
a: either—
i: the Trust (in the case of an historic place or historic area) or the Council (in the case of a wahi tapu or wahi tapu area) has confirmed its registration; or
ii: its registration has been confirmed by agreement under section 32B
b: every owner of the historic place, wahi tapu, historic area, or wahi tapu area has received a notice under subsection (2)(b).
2: The Trust or the Council (as the case may require) must—
a: publicly notify the registration; and
b: give written notice of the registration to any person that has been given notice under section 24(3)(b) section 25(3)(b) section 31(3)(b) section 32(3)(b) Section 32C inserted 1 August 2006 section 14 Historic Places Amendment Act 2006
32D: Territorial authorities and regional councils must have particular regard to recommendations
1: In respect of any registered historic area, the Trust may make recommendations to the territorial authority and regional council where the historic area is located as to the appropriate measures that the authority or council should take to assist in the conservation and protection of the historic area.
2: In respect of any registered wahi tapu area, the Council may make recommendations to the territorial authority and regional council where the wahi tapu area is located as to the appropriate measures that the authority or council should take to assist in the conservation and protection of the wahi tapu area.
3: A territorial authority or regional council receiving recommendations under subsection (1) or subsection (2) must have particular regard to the Trust's or the Council's recommendations. Section 32D inserted 1 August 2006 section 14 Historic Places Amendment Act 2006
33: Proposals affecting registered wahi tapu areas
1: Where the Trust—
a: is advised by a local authority that the authority has received an application for a resource consent in respect of any wahi tapu area; or
b: is considering an application or proposal under section 14 section 18(2)
c: proposes to take any action in respect of any wahi tapu area,— the Trust shall refer the application or proposal to the Maori Heritage Council before taking any action in respect of the application or proposal.
2: The Council shall consult the local territorial authority, the relevant regional council,
3: The Council shall, within 3 months of the date of receipt of that application or proposal by the Council, advise the Trust of any comment or recommendation it wishes to make on any application or proposal referred to it under subsection (1). Section 33(2) amended 1 August 2006 section 15 Historic Places Amendment Act 2006
34: Records to be supplied to territorial authorities
1: The Trust shall maintain and supply to every territorial authority a record of registered historic places, historic areas, wahi tapu, and wahi tapu areas that are located within that territorial authority's district and heritage covenants that have effect in that area, and the territorial authority shall keep the record available for public inspection during its usual business hours.
2: Notification to a territorial authority—
a: pursuant to section 24(3)(b)
b: pursuant to section 32C(2)(b) section 37(7) section 37A(b) of any historic place, historic area, wahi tapu, or wahi tapu area (but no other notification) shall, for the purposes of section 35(1)(b) section 44A(2)(g) Section 34(2) amended 13 March 2012 section 93(5) Building Amendment Act 2012 Section 34(2) amended 31 March 2005 section 414 Building Act 2004 Section 34(2)(b) amended 1 August 2006 section 16 Historic Places Amendment Act 2006
35: Notification to territorial authorities for land information memorandum and project information memorandum purposes
The Trust may, in its discretion, notify any territorial authority of the particulars of any registered historic place, historic area, wahi tapu, or wahi tapu area in that territorial authority's district with sufficient detail to enable those particulars to be included in—
a: any land information memorandum issued by the territorial authority under section 44A
b: any project information memorandum issued by the territorial authority under section 34 Section 35(b) amended 31 March 2005 section 414 Building Act 2004
36: Availability of register
The register shall be open for public inspection during usual business hours at the principal office of the Trust in Wellington and at regional offices of the Trust.
37: Review, variation, or removal of registration
1: The Trust (in the case of an historic place or historic area) or the Council (in the case of a wahi tapu or wahi tapu area) may, at any time, review the registration of the historic place, historic area, wahi tapu, or wahi tapu area.
2: Any person may—
a: apply to the Trust for a review of the registration of any historic place or historic area:
b: apply to the Council for a review of the registration of any wahi tapu or wahi tapu area.
3: However, no person may apply for a review of a registration within 3 years after the date of—
a: the registration; or
b: the last review of the registration.
4: An application for the review of a registration must be made in the prescribed form (if any) and state the grounds for review.
5: An application for the review of registration must be considered by the Trust or the Council (as the case may be) not later than 1 year after the date of its receipt by the Trust or the Council.
6: However, the Trust or the Council (as the case may be)—
a: may decline to consider any application that does not state any grounds for review or if it considers that the grounds stated are insufficient to justify a review; and
b: must notify the applicant of its decision in writing.
7: If the Trust or the Council decides to review a registration (whether on its own initiative or as a result of an application), the Trust or the Council (as the case may be) must conduct the review in the same manner as if it were a proposal for registration or an application to enter on the register (as appropriate) under this Act.
8: When its review is completed, the Trust or the Council (as the case may be) may—
a: vary the registration; or
b: remove the registration; or
c: confirm the registration; or
d: in the case of an historic place, change or confirm the category of registration.
9: If the Trust has, as part of its review, publicly notified a proposal to change the category of a registered historic place to Category 1,—
a: the Trust may apply section 194
b: if the Trust applies section 194 section 195 Section 37 substituted 1 August 2006 section 17 Historic Places Amendment Act 2006
37A: Removal of registration in cases of destruction or demolition
If an historic place, a wahi tapu, an historic area, or a wahi tapu area is destroyed or demolished, the Trust or the Council (as the case may be)—
a: may, after making any inquiries that it sees fit, remove the registration of that historic place, wahi tapu, historic area, or wahi tapu area; and
b: must, as soon as practicable after removing a registration, notify in writing the relevant territorial authority and regional council. Section 37A inserted 1 August 2006 section 17 Historic Places Amendment Act 2006
3: New Zealand Historic Places Trust (Pouhere Taonga) and Board of Trustees
Constitution of Trust and Board
38: New Zealand Historic Places Trust (Pouhere Taonga)
1: There shall continue to be a trust called the New Zealand Historic Places Trust (Pouhere Taonga).
2: The Trust is the same body corporate as the New Zealand Historic Places Trust continued under section 4 of the Historic Places Act 1980
3: The Trust is a Crown entity for the purposes of section 7
4: The Crown Entities Act 2004 1980 No 16 s 4 Section 38(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 38(3) added 25 January 2005 section 200 Crown Entities Act 2004 Section 38(4) added 25 January 2005 section 200 Crown Entities Act 2004
39: Functions of Trust
1: The general functions of the Trust shall be as follows:
a: to identify, record, investigate, assess, register, protect, and conserve wahi tapu,
b: to advocate the conservation and protection of wahi tapu,
c: to foster public interest and involvement in historic places and historic areas and in the identification, recording, investigation, assessment, registration, protection, and conservation of them:
d: to furnish information, advice, and assistance in relation to the identification, recording, investigation, assessment, registration, protection, and conservation of wahi tapu,
e: to manage, administer, and control all historic places, buildings, and other property owned or controlled by the Trust or vested in it, to ensure the protection, preservation, and conservation of such historic places, buildings, and other property.
2: The Minister may not give a direction to the Trust in relation to heritage matters. 1980 No 16 s 5 Section 39(1)(a) amended 1 August 2006 section 18(1) Historic Places Amendment Act 2006 Section 39(1)(b) amended 1 August 2006 section 18(2) Historic Places Amendment Act 2006 Section 39(1)(d) amended 1 August 2006 section 18(3) Historic Places Amendment Act 2006 Section 39(2) added 25 January 2005 section 200 Crown Entities Act 2004
40: New Zealand Historic Places Board of Trustees
There shall continue to be a board of trustees called the New Zealand Historic Places Board of Trustees. 1980 No 16 s 6(1)
41: Board has functions and powers of Trust
Section 41 repealed 25 January 2005 section 200 Crown Entities Act 2004
42: Membership of Board
1: The membership of the Board consists of 9 persons, of whom—
a: 3 are elected by the members of the Trust in accordance with regulations made under section 113(a)
b: 6 are appointed by the Minister.
2: The persons appointed under subsection (1)(b) must have the skills, knowledge, or cultural background appropriate to the functions and powers of the Trust.
3: At least 3 of the persons appointed under subsection (1)(b) must, in the opinion of the Minister after consultation with the Minister of Maori Affairs, be qualified for appointment, having regard to their knowledge of te ao Maori (Maori worldview) and tikanga Maori (Maori protocol and culture).
4: One of the persons appointed under subsection (1)(b) must be appointed as Chairperson.
5: The appointments made under subsections (1)(b) and (4) must be made in accordance with the Crown Entities Act 2004 Section 42 substituted 1 August 2006 section 19 Historic Places Amendment Act 2006
43: Term of office of
elected
1:
2: Every member of the Board elected under section 42(1)(a) section 113
3: Unless an elected member vacates or is removed from office under the Crown Entities Act 2004 1980 No 16 s 8 Section 43 heading amended 25 January 2005 section 200 Crown Entities Act 2004 Section 43(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 43(2) substituted 3 June 1998 section 3 Historic Places Amendment Act 1998 Section 43(2) amended 1 August 2006 section 20 Historic Places Amendment Act 2006 Section 43(3) substituted 25 January 2005 section 200 Crown Entities Act 2004
43A: Extraordinary vacancies
1: An extraordinary vacancy occurs if an elected member of the Board—
a: dies while in office; or
b: resigns his or her office; or
c: is removed from office.
2: If an extraordinary vacancy occurs, it must be filled in the same manner as that of the person whose office has become vacant.
3: A person who is elected to fill an extraordinary vacancy may hold office for the remainder of the term for which the vacating member of the Board was to hold office.
4: This section does not apply if the extraordinary vacancy occurs within 12 months of the expiry of the term of office for the vacating member of the Board. Section 43A inserted 27 March 2008 section 4 Historic Places Amendment Act 2008
44: Deputy Chairperson of Board
Section 44 repealed 25 January 2005 section 200 Crown Entities Act 2004
45: Resignation or removal from office
Section 45 repealed 25 January 2005 section 200 Crown Entities Act 2004
46: Leave of absence
Section 46 repealed 25 January 2005 section 200 Crown Entities Act 2004
47: Co-opted members
Section 47 repealed 25 January 2005 section 200 Crown Entities Act 2004
48: Extraordinary vacancies
Section 48 repealed 25 January 2005 section 200 Crown Entities Act 2004
49: Powers of Board not affected by vacancies
Section 49 repealed 25 January 2005 section 200 Crown Entities Act 2004 Conduct of business
50: Meetings of Board
Clauses 6 to 13 clause 13 Section 50 substituted 25 January 2005 section 200 Crown Entities Act 2004
51: Chief executive Section 51 repealed 1 August 2006 section 21 Historic Places Amendment Act 2006
52: Proceedings not affected by certain irregularities
Section 52 repealed 25 January 2005 section 200 Crown Entities Act 2004
53: Members of Board not personally liable
Section 53 repealed 25 January 2005 section 200 Crown Entities Act 2004 Powers of Trust
54: Powers of Trust
1:
2: The
a: advocate its interests at any public forum or in any statutory planning process:
b: identify, record, investigate, assess, register, protect, and conserve wahi tapu, wahi tapu areas, historic places, and historic areas, or assist any person or organisation to do any of those things:
c: acquire, restore, conserve, and manage historic places and historic areas, or assist any person or organisation to acquire, restore, conserve, and manage any such area or place:
d: assist any person or organisation to acquire, restore, conserve, or manage any wahi tapu or wahi tapu area:
e:
f: erect suitable signs and notices on historic places and historic areas, subject, in the case of any historic place or historic area not owned by or under the control of the Trust, to the consent of the owner first being obtained:
g: enter into agreements with local authorities, corporations, societies, individuals, or other controlling bodies for the management, maintenance, and preservation of any historic place or historic area:
h:
i:
j: make accessible to the public, charge fees for admission, lease or let, or use for any suitable purpose, any lands or buildings vested in the Trust or under its control:
k: promote or supervise the investigation of any historic place or historic area:
l: appoint and remove Board committees and their members, and establish and disestablish branch committees:
m:
n:
o:
p:
q:
r:
s: provide information relating to historic places and historic areas and, where appropriate, wahi tapu and wahi tapu areas:
t: charge for the provision of services by the Trust under this Act, including (but not limited to)—
i: the processing of applications received by the Trust:
ii: the carrying out of investigations:
iii: the production, acquisition, and marketing of products:
iv: the provision of information.
3: Nothing in this Act shall require the Trust to negotiate or agree with any person to acquire any land or interest in land.
4: No interest in land shall be regarded as having been taken or injuriously affected and no compensation shall be payable, by reason only of any provision of this Act. 1980 No 16 ss 14, 57 Section 54(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 54(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 54(2)(e) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 54(2)(h) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 54(2)(i) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 54(2)(l) substituted 1 August 2006 section 22 Historic Places Amendment Act 2006 Section 54(2)(m) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 54(2)(n) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 54(2)(o) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 54(2)(p) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 54(2)(q) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 54(2)(r) repealed 25 January 2005 section 200 Crown Entities Act 2004
55: General rules as to delegation of functions or powers by Board
1: The rules about delegation in the Crown Entities Act 2004
2: However, the Board must not delegate the power to—
a: execute a heritage covenant under section 6
b: declare an archaeological site under section 9(2)
c: consent to an authority under section 14
d: confirm registration under section 30
e: change or remove a registration under section 37
f: acquire real property:
g: dispose of real property:
h: borrow money:
i: adopt any statement of general policy under section 57
j: adopt any conservation plan under section 58
3: Also, the Board must not delegate the power to give notice of requirement for a heritage order, or to grant interim registration under section 26 Section 55 substituted 25 January 2005 section 200 Crown Entities Act 2004
55A: Additional powers of delegation in respect of Maori Heritage Council and branch committees
1: The Board may, by writing, delegate any of its functions or powers (except those referred to in section 55(2) or (3)
a: the Maori Heritage Council; or
b: any branch committee of the Trust.
2: Clause 14(1)(b)
3: Subject to any general or special directions given by the Board, the Council or branch committee may exercise those powers in the same manner and with the same effect as if they had been conferred on the body directly by this Act and not by delegation.
4: A body to which a power has been delegated under this section may delegate the power only—
a: with the prior written consent of the Board; and
b: subject to the same restrictions, and with the same effect, as if the subdelegate were the delegate.
5: A body purporting to act in accordance with a delegation under this section—
a: is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation; and
b: must, if reasonably requested to do so, produce evidence of its authority to act in accordance with the delegation.
6: A delegation under this section is revocable at will, and does not prevent the exercise of any power by the Trust or the Board. Section 55A inserted 25 January 2005 section 200 Crown Entities Act 2004
56: Delegation of functions or powers by chief executive officer
Section 56 repealed 25 January 2005 section 200 Crown Entities Act 2004
57: General policy for historic places, etc
1: The Trust—
a: shall, within 5 years after the commencement of this Act, adopt in accordance with this section 1 or more statements of general policy for the management, administration, control, and use of all historic places owned or controlled by the Trust or vested in it; and
b: may amend such statements so that they are adapted to changing circumstances or in accordance with increased knowledge; and
c: shall review any such statement within 10 years after its adoption by the Trust.
2: Every statement of general policy shall be prepared in draft form by the Trust and shall—
a: identify the historic place or historic places to which the policy applies; and
b: state policies and objectives for the management and use of such historic places.
3: In the case of every statement of general policy and every review of such a statement, the Trust shall—
a: give notice by advertisement published in daily newspapers circulating in Auckland, Hamilton, Wellington, Christchurch, and Dunedin of the availability of the draft statement of general policy for public inspection; and
b: invite persons and organisations to lodge with the Trust written comments on the draft statement of general policy before a date specified in the notice, being not less than 40 working days after the date of publication of the notice; and
c: make the draft statement available for public inspection free of charge during usual business hours at the principal office of the Trust in Wellington and at regional offices of the Trust; and
d: submit the draft statement to the Minister.
4: The Trust shall consider any comments received and shall review the draft statement of general policy before adopting the policy.
5: The provisions of subsections (3) and (4) shall apply to every amendment of any statement of general policy, except where the Trust resolves on reasonable grounds that those provisions need not be followed.
6: The Trust shall not act in any manner inconsistent with any statement of general policy.
7: Every current statement of general policy adopted in accordance with this section shall be available for public inspection free of charge during usual business hours at the principal office of the Trust in Wellington and at regional offices of the Trust.
8: For the purposes of this section and section 58 historic place 1980 No 66 s 44
58: Conservation plans
1: The Trust may, where it considers it appropriate to do so, adopt a conservation plan for any historic place owned or controlled by the Trust or vested in it.
2: The Trust shall prepare each conservation plan in draft form and shall—
a: publicly notify the availability of the draft conservation plan for public inspection; and
b: invite persons or organisations to lodge with the Trust written comments on the draft conservation plan before a date specified in the public notice, being not less than 40 working days after the date of publication of the notice; and
c: make the draft conservation plan available for public inspection free of charge during usual business hours at the principal office of the Trust in Wellington and at regional offices of the Trust.
3: The Trust shall consider any comments received and shall review the draft conservation plan before adopting that plan.
4: The Trust may from time to time amend or review any conservation plan adopted by it, and the provisions of subsections (2) and (3) shall apply to every such amendment or review of a conservation plan, except (in the case of an amendment) where the Trust resolves on reasonable grounds that those provisions need not be followed.
5: The Trust shall not act in any manner inconsistent with any conservation plan.
6: Every conservation plan adopted in accordance with this section shall be available for public inspection free of charge during usual business hours at the principal office of the Trust in Wellington and at regional offices of the Trust.
59: Contracts of Trust
Section 59 repealed 25 January 2005 section 200 Crown Entities Act 2004
60: Rules of Trust
1: The Board may, by resolution, make rules that are not inconsistent with this Act or the Crown Entities Act 2004
a: regulating the proceedings of the Board and the conduct of its meetings:
b: providing for the custody of the property of the Trust and the custody and use of the common seal of the Trust:
c: providing for members, prescribing different classes of members and the subscriptions (if any) payable by members of different classes, and prescribing the manner of keeping a register of members:
d: providing for the establishment, disestablishment,
e: providing for the appointment and removal of members of Board committees
ea: providing for the election and removal of members of branch committees:
f: such other purposes as may be deemed necessary or expedient for duly carrying out the work of the Trust.
2: 1980 No 16 s 17 Section 60(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 60(1)(d) amended 1 August 2006 section 23(1) Historic Places Amendment Act 2006 Section 60(1)(e) amended 1 August 2006 section 23(2) Historic Places Amendment Act 2006 Section 60(1)(ea) inserted 1 August 2006 section 23(3) Historic Places Amendment Act 2006 Section 60(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Bylaws
61: Power to make bylaws
The Trust may, in respect of any land or historic place vested in the Trust or under its control, make bylaws that are not inconsistent with this Act or any regulations made under this Act for all or any of the following purposes:
a: prescribing rules to be observed by any person entering upon such land or place:
b: prohibiting or controlling the lighting of fires on such land or in such place:
c: prohibiting or controlling the taking of any animal or vehicle upon such land, and prescribing rules to be observed by any person taking any animal or vehicle upon such land:
d: providing generally for control of the use, management, and better preservation of such land or historic place, and of any erection or thing thereon or therein. 1980 No 16 s 20
62: Procedure for making bylaws
1: Bylaws shall be made only by resolution of the Board and shall have the seal of the Trust duly affixed thereto, and shall be signed by 2 members of the Board.
2: A notice stating the object or purport of the proposed bylaws shall be published in some newspaper circulating in the district in which the land or historic place is situated once in each of the 2 weeks immediately preceding the day on which the bylaws are made.
3: No bylaw made by the Board shall have any force or effect until it has been approved by the Minister by notice published in the Gazette
4: Any bylaw may be in like manner altered or revoked.
5: The Trust shall advise relevant local authorities of every bylaw and every amendment to any bylaw made by the Board. 1980 No 16 s 21
63: Proof of bylaws
The production of any document purporting to contain a printed copy of any bylaw made under the authority of this Act and authenticated by the common seal of the Trust shall, until the contrary is proved, be sufficient evidence of the existence and provisions of the bylaw. 1980 No 16 s 22
64: Trust to provide printed copies of bylaws
The Trust shall cause printed copies of all bylaws to be kept at an office of the Trust, and to be available for sale to members of the public at a reasonable price. 1980 No 16 s 23
65: Penalty for breach of bylaws
Every person commits an offence and is liable on 1980 No 16 s 24 Section 65 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Employees
66: Appointment of chief executive officer
Section 66 repealed 25 January 2005 section 200 Crown Entities Act 2004
67: Appointment of other employees
Section 67 repealed 25 January 2005 section 200 Crown Entities Act 2004
68: Personal liability
Section 68 repealed 25 January 2005 section 200 Crown Entities Act 2004
69: Personnel policy
Section 69 repealed 25 January 2005 section 200 Crown Entities Act 2004
70: Equal employment opportunities programme
Section 70 repealed 25 January 2005 section 200 Crown Entities Act 2004
71: Transitional provisions relating to employees
1: Notwithstanding any other provision of this Act or any provision of the State Sector Act 1988
a: every employee of the Department of Conservation who was, immediately before the commencement of this Act, employed wholly on servicing the functions of the Trust, is hereby deemed to be an employee of the Trust (in this section referred to as a transferred employee
b: the terms and conditions of employment of every transferred employee shall, until varied or until a new contract of employment is entered into, be based on the employment contract that applied to that person immediately before the commencement of this Act in respect of that person's employment with the Department of Conservation.
2: For the purposes of every enactment, law, award, determination, contract, and agreement at any time relating to the employment of a transferred employee,—
a: the contract of employment that applied immediately before the commencement of this Act in respect of that person's employment with the Department of Conservation shall be deemed not to have been broken by that person having so become a person employed by the Trust; and
b: any period recognised by the Department as continuous service with the Department shall be deemed to have been a period of continuous service with the Trust.
3: No transferred employee of the Trust shall be entitled to any payment, benefit, or compensation by reason only of that person having ceased to be a person employed with the Department.
4: Nothing in subsection (1)(b) applies to any transferred employee who receives a subsequent appointment within the Trust.
72: Contributors to Government Superannuation Fund
1: Any person who, immediately before becoming an officer or employee of the Trust, is an appointee under the State Sector Act 1988 Government Superannuation Fund Act 1956 Government Superannuation Fund Act 1956 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
4: The Trust may, for the purpose of providing superannuation or retirement allowances for its officers and employees, subsidise out of its funds any scheme under the National Provident Fund Act 1950 Financial provisions
73: Funds of Trust
Section 73 repealed 25 January 2005 section 200 Crown Entities Act 2004
74: Payment to and withdrawal from bank accounts
Section 74 repealed 25 January 2005 section 200 Crown Entities Act 2004
75: Unauthorised expenditure
Section 75 repealed 25 January 2005 section 200 Crown Entities Act 2004
76: Borrowing powers
Section 76 repealed 25 January 2005 section 200 Crown Entities Act 2004
77: Liability for debts of Trust
Section 77 repealed 25 January 2005 section 200 Crown Entities Act 2004
78: Investment of funds
Section 78 repealed 25 January 2005 section 200 Crown Entities Act 2004
79: Accounts
Section 79 repealed 25 January 2005 section 200 Crown Entities Act 2004
80: Exemption from
The Trust shall be exempt from the payment of 1980 No 16 s 31 Section 80 heading amended 25 January 2005 section 200 Crown Entities Act 2004 Section 80 amended 25 January 2005 section 200 Crown Entities Act 2004
81: Annual report
Section 81 repealed 25 January 2005 section 200 Crown Entities Act 2004
82: Contributions by territorial authorities, etc
For the purpose of providing funds for the exercise of the functions of the Trust—
a: any territorial authority or public body of any kind may from time to time out of its general fund or account make such contributions to the Trust as it thinks fit:
b: any university may from time to time, with the consent of the Minister of Education, make such contributions to the Trust as it thinks fit. 1980 No 16 s 33
83: Fees and travelling allowances
Section 83 repealed 25 January 2005 section 200 Crown Entities Act 2004
4: Maori Heritage Council
84: Maori Heritage Council
1: There is hereby established a council to be called the Maori Heritage Council.
2: The membership of the Council consists of—
a: 3 members of the Board who have been appointed in accordance with section 42(3)
b: 1 member of the Board who has been either appointed or elected under section 42(1)
c: 4 persons who—
i: are Maori; and
ii: have the skills, knowledge, or cultural background appropriate to the functions and powers of the Council; and
iii: are appointed by the Minister after consultation with the Minister of Maori Affairs and the Board.
3: The Chairperson of the Council shall be a member of the Board and shall be appointed by all members of the Council from among their number.
4: Members of the Council shall hold office for a term of not more than 3 years and may from time to time be reappointed.
5: Unless a member of the Council vacates or is removed from his or her office under section 88 Section 84(2) substituted 1 August 2006 section 24 Historic Places Amendment Act 2006
85: Functions of Council
The Maori Heritage Council shall have the following functions:
a: to ensure that, in the protection of wahi tapu, wahi tapu areas, and historic places and historic areas of Maori interest, the Trust meets the needs of Maori in a culturally sensitive manner:
b: to develop Maori programmes for the identification and conservation of wahi tapu, wahi tapu areas, and historic places and historic areas of Maori interest, and to inform the Board of all activities, needs and developments relating to Maori interests in such areas and places:
c: to assist the Trust to develop and reflect a bicultural view in the exercise of its powers and functions:
d: to develop its own iwi and other consultative and reporting processes and to recommend such processes for adoption by the Board, branches, and staff of the Trust when dealing with matters of Maori interest:
e: to make recommendations to the Trust on applications referred by the Trust under section 14(3)
f: to consider and determine proposals for the registration of wahi tapu and wahi tapu areas:
g: to propose the registration of historic places and historic areas of Maori interest:
h: to make recommendations to the Trust on applications for resource consents referred by the Trust under section 33
i: to perform such functions as are delegated to the Council by the Board:
j: to perform such other functions as are imposed on the Council by this Act or any other Act:
k: to advocate the interests of the Trust and the Council so far as they relate to matters of Maori heritage at any public or Maori forum.
86: Powers of Council
1: The Maori Heritage Council shall have all such powers as are reasonably necessary or expedient to enable it to carry out its functions.
2: Without limiting the generality of subsection (1), the Council may—
a: appoint committees consisting of such persons, whether or not members of the Council, as the Council considers appropriate:
b: subject to subsection (3), delegate any functions of the Council under this Act to the Chairperson, Deputy Chairperson, any committee of the Council, or the chief executive officer of the Trust.
3: In the case of the Council's power to grant interim registration under section 26(2)
87: Deputy Chairperson of Council
1: At the first meeting of the Council after the commencement of this Act, and thereafter at the first meeting of the Council held after 30 June in each year and at the first meeting of the Council held after the occurrence of a vacancy in the office of the Deputy Chairperson, the Council shall elect one of its members to be the Deputy Chairperson.
2: The Deputy Chairperson shall hold office while he or she continues to be a member of the Council until the appointment of his or her successor in accordance with subsection (1), and may be reappointed.
3: The Deputy Chairperson shall perform all the functions and duties and exercise all the powers of the Chairperson,—
a: with the consent of the Chairperson, at any time during the temporary absence of the Chairperson:
b: without that consent, at any time while the Chairperson is temporarily incapacitated or prevented by illness or other cause from performing the functions and duties of his or her office:
c: while there is any vacancy in the office of Chairperson.
88: Resignation or removal from office
1: Any member of the Council may resign from office at any time by written notice given to the Minister.
2: Any member may be removed from office at any time by the Minister for inability to perform the functions of the office Section 88(2) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001
89: Leave of absence
1: The Council may give leave of absence to any member.
2: A member shall be deemed to have vacated his or her office if he or she is absent from 3 consecutive meetings of the Council without its leave.
90: Co-opted members
1: Subject to subsection (2), where leave of absence has been given to any member, the Council may co-opt a person to be a co-opted member of the Council.
2: In the case of a Council member appointed pursuant to section 84(2)(a)
3: The term of office of a member co-opted under subsections (1) and (2) shall cease on the expiry of the leave of absence of the original member or the earlier vacation of or removal from office of that original member.
91: Extraordinary vacancies
1: If any member dies or resigns his or her office, or is removed from office by the Minister, the vacancy thereby occurring shall be deemed to be an extraordinary vacancy.
2: Every extraordinary vacancy shall be filled in the same manner as that of the person whose office has become vacant.
3: Every person who fills an extraordinary vacancy shall hold office for the remainder of the term for which his or her predecessor was to hold office.
92: Powers of Council not affected by vacancies
The powers of the Council shall not be affected by any vacancy in the membership of the Council.
93: Meetings of Council
1: The Chairperson of the Council shall preside at all meetings of the Council at which he or she is present.
2: In the absence of both the Chairperson and the Deputy Chairperson from any meeting, the members present shall appoint one of their number to be the Chairperson of that meeting.
3: Meetings of the Council shall be held at such times and places as the Council or its Chairperson from time to time appoints.
4: Subject to subsection (5), the Chairperson may at any time call a special meeting of the Council and the Chairperson shall call a special meeting of the Council whenever requested to do so in writing by 2 members of the Council.
5: Not less than 5 working days' notice of every special meeting and of the business to be transacted at that meeting shall be given to each member for the time being in New Zealand, and no business other than that specified in the notice shall be transacted at that meeting.
6: At all meetings of the Council, 4 members, of whom 2 shall be members of the Board, shall constitute a quorum.
7: The decision of the Council on any matter shall be determined by a majority of the valid votes recorded on it.
8: Notwithstanding subsection (7), a resolution signed or assented to in writing by 4 or more of the members of the Council for the time being in New Zealand, 2 of whom are members of the Board, shall have the same effect as a decision under that subsection.
9: At any meeting of the Council the person for the time being acting as the Chairperson shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.
10: Subject to this Act and the rules of the Trust made under section 60
94: Chairperson of Board entitled to attend meetings of Council
Notice in writing of every meeting of the Council and of the business proposed to be transacted at that meeting shall be given to the Chairperson of the Board, and the Chairperson or, in his or her absence, the Deputy Chairperson of the Board (if any) Section 94 amended 25 January 2005 section 200 Crown Entities Act 2004
95: Proceedings not affected by certain irregularities
No act or proceeding of the Council, or of any person acting as a member of the Council, shall be invalidated—
a: by reason of a vacancy in the membership of the Council at the time of the act or proceeding; or
b: because of the subsequent discovery that there was some defect in the appointment of any person so acting or that he or she was incapable of being a member or had ceased to be a member.
96: Members of Council not personally liable
No member of the Council or of any committee of the Council shall be personally liable for any default made by the Council or any committee of the Council, or by any member of it, in good faith in the course of its operations.
96A: Fees and travelling allowances in respect of Council
The members of the Council are entitled to be paid, out of money appropriated by Parliament for the purpose, remuneration by way of fees or salary, and allowances and expenses, in accordance with the fees framework for members of statutory and other bodies. Section 96A inserted 25 January 2005 section 200 Crown Entities Act 2004
5: Offences
97: Offence of intentional destruction, damage, or modification
1: Every person commits an offence who intentionally—
a: destroys, damages, or modifies any historic place, historic area, property, or thing vested in or under the control of the Trust; or
b: causes any such area, place, property, thing, or land to be destroyed, damaged, or modified,— without the authority of the Trust or any person or body authorised by the Trust in that behalf.
2: Every person who commits an offence against subsection (1) is liable on
a: in the case of destruction, to a fine not exceeding $100,000:
b: in the case of damage or modification, to a fine not exceeding $40,000. Section 97(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
98: Offence of destruction, damage, or modification of land subject to heritage covenant
1: Every person commits an offence in respect of an historic place, historic area, wahi tapu, or wahi tapu area protected by a heritage covenant who, knowing or having reasonable cause to suspect that the historic place, historic area, wahi tapu, or wahi tapu area is protected by a heritage covenant, intentionally—
a: destroys, damages, or modifies that historic place, historic area, wahi tapu, or wahi tapu area, or any feature or part of that historic place, historic area, wahi tapu, or wahi tapu area; or
b: causes that historic place, historic area, wahi tapu, or wahi tapu area, or any feature or part of that historic place, historic area, wahi tapu, or wahi tapu area to be destroyed, damaged, or modified,— otherwise than in accordance with the provisions of that heritage covenant.
2: Every person who commits an offence against subsection (1) is liable on
a: in the case of destruction, to a fine not exceeding $100,000:
b: in the case of damage or modification, to a fine not exceeding $40,000. Section 98(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
99: Offence of destruction, damage, or modification of archaeological site
1: Every person commits an offence who, knowing or having reasonable cause to suspect that a site is an archaeological site,—
a: destroys, damages, or modifies that archaeological site; or
b: causes that archaeological site to be destroyed, damaged, or modified,— without the authority of the Trust or any person or body authorised by the Trust in that behalf.
2: Every person who commits an offence against subsection (1) is liable on
a: in the case of destruction, to a fine not exceeding $100,000:
b: in the case of damage or modification, to a fine not exceeding $40,000. Section 99(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
100: Offence of breaching conditions of authority
Every person commits an offence and is liable on section 14(1) section 15 Section 100 amended 1 July 2013 section 413 Criminal Procedure Act 2011
101: Offence of refusing access, etc
Every person commits an offence and is liable on
a: refuses to let a person authorised by or under section 21
b: obstructs any person—
i: in the carrying out of any investigation under section 13
ii: in the carrying out of any investigation pursuant to a condition imposed under section 15(1)
iii: in the exercise of any power referred to in section 21(3) Section 101 amended 1 July 2013 section 413 Criminal Procedure Act 2011
102: Offence of carrying out archaeological investigation in breach of conditions or without written permission
1: Every person who carries out an archaeological investigation that is subject to any conditions imposed by the Trust under section 18(1)
2: Every person commits an offence and is liable on section 18(1) Section 102(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 102(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
103: Offence of destruction, damage, or modification while historic place or wahi tapu has interim registration
1: Every person commits an offence who—
a: demolishes, damages, modifies, or extends any historic place that has interim registration under section 26
b: destroys, damages, or modifies any wahi tapu that has interim registration under section 26 without (in the case of an historic place) the authority of the Trust or any person or body authorised by the Trust for the purpose or (in the case of a wahi tapu) the authority of the Maori Heritage Council or any person or body authorised by the Council for the purpose.
2: Every person who commits an offence against subsection (1) is liable on
a: in the case of demolition or destruction, to a fine not exceeding $100,000:
b: in the case of alteration, extension, damage, or modification, to a fine not exceeding $40,000. Section 103(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
104: Other offences
Every person commits an offence and is liable on
a: intentionally enters upon any land or historic place vested in or under the control of the Trust otherwise than in accordance with any bylaw made by the Trust in respect of such land; or
b: intentionally takes any animal or vehicle upon any land vested in or under the control of the Trust otherwise than in accordance with any bylaw made by the Trust in respect of such land; or
c: intentionally lights any fire on any land vested in or under the control of the Trust otherwise than in accordance with any bylaw made by the Trust in respect of such land; or
d: intentionally lights or causes or permits to be lit on any land, other than land vested in or under the control of the Trust, a fire which he or she knows or ought to have known to be likely to spread into, and which spreads into and damages or destroys
e: unlawfully alters, obliterates, defaces, pulls up, removes, or destroys any boundary mark, plaque, sign, or poster on any land vested in or under the control of the Trust; or
f: alters, obliterates, defaces, pulls up, removes, or destroys any plaque or sign supplied and erected by the Trust on any land or building, other than any land or building vested in or under the control of the Trust, and where the consent of the owner of the land or building has not first been obtained; or
g: intentionally takes or removes, or causes to be taken or removed, from any land or building vested in or under the control of the Trust, any property or thing vested in or under the control of the Trust; or
h: receives any property or thing vested in or under the control of the Trust knowing the same to have been removed unlawfully from any land or building vested in or under the control of the Trust; or
i: fails to comply with an order made under section 105
j: fails to carry out pest and weed control, to maintain land in a clean and safe condition, or to take any necessary protective measures, as required by section 105(2)(c) Section 104 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 104(d) amended 27 March 2008 section 5 Historic Places Amendment Act 2008
105: Court may stay exercise of rights under resource consent
1: Where the owner or occupier of any land or place subject to—
a: a requirement for a heritage order made by the Trust; or
b: a heritage order issued by the Trust; or
c: interim registration under this Act— is convicted of an offence against section 338(1)(a) section 9(2) section 103
d: the exercise of any rights under a resource consent granted to that person in respect of that land; or
e: the carrying out of any activity the person is permitted to carry out under a district plan; or
f: all such rights and activities.
2: While a suspension remains in force under this section in respect of a resource consent, the following provisions apply to that consent and the land to which it applies:
a: no rights shall be exercisable under the suspended consent:
b: all activities for which other resource consents could be sought in respect of the land shall be deemed to be prohibited activities:
c: the holder shall—
i: carry out pest and weed control measures on the land in accordance with the heritage order (if any) applying to the land; and
ii: take such other measures as may be necessary to maintain the land in a clean and safe condition; and
iii: take such other measures as may be necessary to protect either—
A: the place and surrounding area specified in the requirement for a heritage order or specified in the heritage order; or
B: the place or wahi tapu for which interim registration is proposed.
3: Nothing in this section prevents an owner or occupier of any land subject to a court order under this section agreeing with the local territorial authority to develop a public amenity on that land in accordance with the heritage order (if any) applying to the land.
4: Before a local territorial authority enters into an agreement under subsection (3), it shall consult the Trust.
5: For the purposes of this section, a right exercisable under a resource consent includes (but is not limited to) the right to carry out all or any of the following:
a: any work authorised on the land concerned, including—
i: the construction of any new building, structure, or other fixture; and
ii: any alteration or extension to any existing building, structure, or other fixture on that land:
b: any subdivision of the land:
c: any use of the land that is permissible under section 9
106: Strict liability and defences
1: In any prosecution for an offence against section 99 section 100 section 103
2: Subject to subsection (3), it is a defence to a prosecution of the kind referred to in subsection (1) if the defendant proves—
a: that—
i: the action or event was necessary for the purposes of saving or protecting life or preventing serious damage to property or any historic place or wahi tapu; and
ii: the conduct of the defendant was reasonable in the circumstances; and
iii: the effects of the action or event were adequately mitigated or remedied by the defendant 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 effects of the action or event were adequately mitigated or remedied by the defendant after it occurred.
3: Except with the leave of the court, subsection (2) does not apply unless, within 7 days after the service of the summons or within such further time as the court may allow, the defendant delivers to the prosecutor a written notice—
a: stating that he or she intends to rely on subsection (2); and
b: specifying the facts that support his or her reliance on that subsection. Section 106(2)(b) amended 1 August 2006 section 25 Historic Places Amendment Act 2006
107: Offender to give name and address
1: Where any person is found offending against this Act, it shall be lawful for any officer or employee of the Trust or any person authorised in writing in that behalf by the Trust or any employee of the department for the time being responsible for the administration of this Act chief executive
2: If the offender, after being so required, fails to give his or her name or address, or gives a false name or address, or wilfully continues the offence, he or she commits a further offence against this Act.
3: Every person who commits an offence against this section is liable on
4: The Trust may apply to the court for a writ of injunction to restrain any person from breach of any duty or obligation imposed upon him or her by this Act, if he or she has threatened or already commenced to commit the breach or the Trust has reasonable cause to believe that such a breach is likely to occur. 1980 No 16 s 55 Section 107(1) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 107(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
108: Time for filing charging document
Despite anything to the contrary in section 25 Section 108 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
6: Miscellaneous provisions
109: Members and employees not in service of the Crown
Section 109 repealed 25 January 2005 section 200 Crown Entities Act 2004
110: Local authorities may transfer land to Trust
Notwithstanding anything in any enactment, any local authority (within the meaning of the Local Government Act 2002 Reserves Act 1977 1980 No 16 s 59 Section 110 amended 1 July 2003 section 262 Local Government Act 2002
111: Notification to territorial authorities for land information memorandum and project information memorandum purposes
Section 111 repealed 3 June 1998 section 4 Historic Places Amendment Act 1998
112: Service of documents
1: Where a notice or other document is to be served on a person for the purposes of this Act, it may be served—
a: by delivering it personally to the person; or
b: by delivering it at the usual or last known place of residence or business of the person, including by facsimile; or
c: by sending it by pre-paid post addressed to the person at the usual or last known place of residence or business of the 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 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 subsections (1) and (2) 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 to be received by the person at the time at which the letter would have been delivered in the ordinary course of the post.
113: 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 the procedure for the nomination and subsequent election of 3 members of the Trust Board from the members of the Trust:
b: prescribing offences in respect of the contravention of, or non-compliance with, any regulations made under this Act; and prescribing fines not exceeding $5,000 in respect of any such offence:
c: prescribing the form or content of applications, notices, or any other documentation or information as may be required under this Act and the manner in which such documentation is to be provided:
d: providing for such other matters as may be contemplated by or necessary for giving full effect to this Act and its due administration. 1980 No 16 s 60 Transitional provisions and consequential amendments
114: Registration or classification under former Act
1: All buildings classified under paragraph (a) or paragraph (b) of section 35(1) of the Historic Places Act 1980, and all places recorded under section 51 of that Act
2: Where a proposal for classification made under section 35 or section 49 of the Historic Places Act 1980 section 50(1) of that Act
3: The following shall be deemed to have final registration in Category 2 of the register:
a: all buildings classified under paragraph (c) or paragraph (d) of section 35(1) of the Historic Places Act 1980:
b: all archaeological sites registered under section 43(1) of that Act
4: All historic areas classified under section 49 of the Historic Places Act 1980
5: In respect of traditional sites declared under section 50(1) of the Historic Places Act 1980
a: notwithstanding paragraph (b), traditional sites will be deemed to have final registration as wahi tapu:
b: within 12 months of the date of enactment of this Act, the Maori Heritage Council shall reassess every such site on an individual basis, and shall enter it in the part of the register relating to—
i: historic places; or
ii: historic areas; or
iii: wahi tapu; or
iv: wahi tapu areas.
6: Within 12 months after the commencement of this Act, the Trust shall notify each owner concerned of—
a: the provisions of this section that affect the owner; and
b: the relevant provisions of Part 2
7: Where the Trust fails to notify an owner in accordance with subsection (4), the registration conferred by this section shall be deemed to have been removed under section 31(6) section 32(6)
8: Every notification to a District Land Registrar made under section 51 of the Historic Places Act 1980
115: Savings
1: Notwithstanding the repeal of the Historic Places Act 1980 section 118(1) section 17 of that Act section 60
2: This Act must continue to be interpreted and administered to give effect to the principles of the Treaty of Waitangi
a: administered by the Department of Conservation; or
b: included in Schedule 1 Section 115(2) added 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000
116: Transitional provisions for applications relating to archaeological sites
1: Every application lodged with the Trust under section 44(2) or section 46(2) of the Historic Places Act 1980
2: Every right of appeal under section 48(1) of the Historic Places Act 1980
3: Where an application to which subsection (1) applies is determined in accordance with that subsection, every person who would have had a right of appeal against that determination under section 48 of the Historic Places Act 1980
4: Every appeal lodged under section 48(1) of the Historic Places Act 1980
117: Transitional Board of Trustees
Section 117 repealed 25 January 2005 section 200 Crown Entities Act 2004
118: Repeals and amendments
Section 118 repealed 25 January 2005 section 200 Crown Entities Act 2004 |
DLM305941 | 1993 | Finance Act (No 2) 1993 | 1: Short Title and commencement
1: This Act may be cited as the Finance Act (No 2) 1993.
2: Except as provided in sections 4(3) 7(4)
1: Excise duty
Part 1 repealed 1 October 1996 289(1) Customs and Excise Act 1996
2: Part to be read with Customs Act 1966
Part 1 repealed 1 October 1996 289(1) Customs and Excise Act 1996
3: Indexation of rates of excise duty on alcoholic beverages and tobacco products
Section 3 repealed 4 June 1996 Customs Amendment Act 1996 Part 1 repealed 1 October 1996 289(1) Customs and Excise Act 1996
4: Excise duty on beer and lower alcohol beverages
Part 1 repealed 1 October 1996 289(1) Customs and Excise Act 1996
5: Excise duty on ethyl alcohol and other spirits
Part 1 repealed 1 October 1996 289(1) Customs and Excise Act 1996
2: Tariff
6: Part to be read with Tariff Act 1988
This Part and Schedule 2 Tariff Act 1988
7: Duty on imported beer and lower alcohol beverages
1: Schedule 1 clause 2 of the Tariff (Alcoholic Beverages Indexation) Amendment Order 1993 clause 2 of the Tariff (Miscellaneous) Amendment Order 1993 Part 1
a: Subheading 22.03 2203.00.02 2203.00.12 2203.00.22 2203.00.31 2203.00.39
b: Tariff items 2206.00.42 2206.00.48 2206.00.52 2206.00.58 2208.10.12 2208.10.18 2208.10.21 2208.10.29 2208.90.15 2208.90.18 2208.90.55 2208.90.58 2208.90.62 2208.90.68 and substituting the subheading, Tariff items, and footnotes set out in Schedule 2
2: The Tariff (Alcoholic Beverages Indexation) Amendment Order 1993 Tariff items 2203.00.12 2206.00.48 2206.00.58 2208.10.18 2208.10.29 2208.90.15 2208.90.18 2208.90.58 2208.90.68
3: The Tariff (Miscellaneous) Amendment Order 1993 Tariff items 2203.00.02 2203.00.22 2203.00.31 2203.00.39 2208.90.15 2208.90.18
4: This section shall come into force on 1 September 1993 |
DLM319569 | 1993 | Companies Act 1993 | 1: Short Title and commencement
1: This Act may be cited as the Companies Act 1993.
2: This Act shall come into force on 1 July 1994.
1: Preliminary
2: Interpretation
1: In this Act, unless the context otherwise requires,— accounting period address for service section 192 annual meeting section 120 annual report
a: means a report prepared under section 208
b: does not include a concise annual report applicable auditing and assurance standard section 5 Financial Reporting Act 2013 applicable financial reporting standard section 5 Financial Reporting Act 2013 association Parts 15 16 Schedule 11
a: a body corporate (other than a company, an overseas company, or a body corporate that may be put into liquidation under or in accordance with the Act under which it is incorporated or registered); and
b: a partnership; and
c: an unincorporated body of persons balance date section 41 Financial Reporting Act 2013 board board of directors section 127 charge section 313 class section 116 code company section 2(1) company
a: a company registered under Part 2
b: a company reregistered under this Act in accordance with the Companies Reregistration Act 1993 concise annual report constitution section 29 control interest sections 365B to 365E court designated settlement system section 156M Banking (Prudential Supervision) Act 1989 director section 126 distribution
a: the direct or indirect transfer of money or property, other than the company's own shares, to or for the benefit of the shareholder; or
b: the incurring of a debt to or for the benefit of the shareholder— in relation to shares held by that shareholder, and whether by means of a purchase of property, the redemption or other acquisition of shares, a distribution of indebtedness, or by some other means dividend section 53 document
a: any writing on 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 book, graph, or drawing; and
d: a 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 equipment) of being reproduced enforcement country section 10(d) entitled person
a: a shareholder; and
b: a person upon whom the constitution confers any of the rights and powers of a shareholder existing company financial markets participant section 4 financial product section 7 financial statements section 6 Financial Reporting Act 2013 FMA Part 2 generally accepted accounting practice section 8 Financial Reporting Act 2013 group financial statements section 7 Financial Reporting Act 2013 holding company section 5 insolvency practitioner section 5(1) interest group section 116 interested section 139 interests register section 189(1)(c) licensed insolvency practitioner section 5(1) licensed insurer section 6(1) licensed market section 6(1) limited partnership section 6 listed issuer section 6(1) major transaction section 129(2) New Zealand register section 360(1)(a) ordinary resolution section 105(2) overseas company overseas limited partnership section 4 overseas register section 360(1)(b) personal representative pre-emptive rights section 45 prescribed form prohibition order section 239ADV(1) 286(5) section 37(6) property receiver section 2(1) records section 189(1) redeemable section 68 registered office section 186 Registrar section 357(1) related company relative
a: any parent, child, brother, or sister of that person; or
b: any spouse, civil union partner, or de facto partner of that person; or
ba: any parent, child, brother, or sister of a spouse, civil union partner, or de facto partner of that person; or
c: a nominee or trustee for any of those persons relevant interest section 146 secured creditor share section 35 share register section 87 shareholder section 96 solvency test section 4 special meeting section 121 special resolution spouse A stock exchange
a: a licensed market; or
b: a financial product market that is authorised to operate in an overseas jurisdiction in accordance with the laws of that jurisdiction subsidiary section 5 surplus assets section 313 ultimate holding company
a: is a holding company of the company; and
b: is itself not a subsidiary of any body corporate ultimate holding company information section 94A 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 2 January in the following year; and
c: if 1 January in any year falls on a Friday, the following Monday; and
d: if 1 January in any year falls on a Saturday or a Sunday, the following Monday and Tuesday.
2: Where,—
a: in relation to a company or an overseas company, any document is required to be delivered or any thing is required to be done to a District Registrar or an Assistant Registrar in whose office the records relating to the company or overseas company are kept within a period specified by this Act; and
b: the last day of that period falls on the day of the anniversary of the province in which that office is situated,— the document may be delivered or that thing may be done to that District Registrar or Assistant Registrar on the next working day.
3: In this Act, a company is related to another company if—
a: the other company is its holding company or subsidiary; or
b: more than half of the issued shares of the company, other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital,
c: more than half of the issued shares, other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital, of each of them are held by members of the other (whether directly or indirectly, but other than in a fiduciary capacity); or
d: the businesses of the companies have been so carried on that the separate business of each company, or a substantial part of it, is not readily identifiable; or
e: there is another company to which both companies are related;— and related company
4:
5: A reference in this Act to an address
a: in relation to an individual, the full address of the place where that person usually lives:
b: in relation to a body corporate, its registered office or, if it does not have a registered office, its principal place of business.
6: An example used in this Act is only illustrative of the provisions to which it relates. It does not limit those provisions.
7: If an example and a provision to which it relates are inconsistent, the provision prevails. Section 2(1) annual report inserted 18 June 2007 section 4(3) Companies Amendment Act (No 2) 2006 Section 2(1) applicable auditing and assurance standard inserted 1 April 2014 section 24(6) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2(1) applicable financial reporting standard inserted 1 April 2014 section 24(6) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2(1) association inserted 1 March 2017 section 4 Companies Amendment Act 2016 Section 2(1) balance date replaced 1 April 2014 section 24(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2(1) code company inserted 3 July 2014 section 27 Companies Amendment Act 2014 Section 2(1) concise annual report inserted 18 June 2007 section 4(3) Companies Amendment Act (No 2) 2006 Section 2(1) control interest inserted 1 May 2015 section 36 Companies Amendment Act 2014 Section 2(1) designated settlement system inserted 24 November 2009 section 16 Reserve Bank of New Zealand Amendment Act 2009 Section 2(1) designated settlement system amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 2(1) enforcement country inserted 1 May 2015 section 8 Companies Amendment Act 2014 Section 2(1) exempt company repealed 1 April 2014 section 24(2) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2(1) financial markets participant inserted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 2(1) financial product inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) financial statements replaced 1 April 2014 section 24(3) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2(1) FMA inserted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 2(1) generally accepted accounting practice inserted 1 April 2014 section 24(6) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2(1) group financial statements replaced 1 April 2014 section 24(4) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2(1) group of companies repealed 1 April 2014 section 24(5) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2(1) insolvency practitioner inserted 1 September 2020 section 4 Insolvency Practitioners Regulation (Amendments) Act 2019 Section 2(1) licensed insolvency practitioner inserted 1 September 2020 section 4 Insolvency Practitioners Regulation (Amendments) Act 2019 Section 2(1) licensed insurer inserted 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010 Section 2(1) licensed market inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) limited partnership inserted 1 May 2015 section 8 Companies Amendment Act 2014 Section 2(1) listed issuer inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) overseas limited partnership inserted 1 May 2015 section 8 Companies Amendment Act 2014 Section 2(1) prohibition order inserted 1 September 2020 section 4 Insolvency Practitioners Regulation (Amendments) Act 2019 Section 2(1) receiver inserted 1 November 2007 section 4(1) Companies Amendment Act 2006 Section 2(1) relative replaced 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2(1) relative replaced 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2(1) relative inserted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2(1) securities repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) spouse replaced 1 November 2007 section 4(2) Companies Amendment Act 2006 Section 2(1) stock exchange inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 2(1) ultimate holding company inserted 1 May 2015 section 8 Companies Amendment Act 2014 Section 2(1) ultimate holding company information inserted 1 May 2015 section 8 Companies Amendment Act 2014 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(3)(b) amended 15 April 2004 section 3 Companies Amendment Act (No 2) 2004 Section 2(4) repealed 5 December 2013 section 4 Companies Amendment Act 2013 Section 2(6) inserted 1 April 2014 section 24(7) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2(7) inserted 1 April 2014 section 24(7) Financial Reporting (Amendments to Other Enactments) Act 2013
3: Public notice
1: Where, pursuant to this Act, public notice must be given of any matter affecting a company, that notice must be given by publishing notice of the matter—
a: in at least 1 issue of the Gazette
b: in at least 1 issue of a newspaper circulating in the area in which is situated—
i: the company's place of business; or
ii: if the company has more than 1 place of business, the company's principal place of business; or
iii: if the company has no place of business or neither its place of business nor its principal place of business is known, the company's registered office.
2: Where, pursuant to this Act, public notice must be given of any matter affecting an overseas company, that notice must be given by publishing notice of the matter—
a: in at least 1 issue of the Gazette
b: in at least 1 issue of a newspaper circulating in the area in which is situated—
i: the place of business in New Zealand of the overseas company; or
ii: if the overseas company has more than 1 place of business in New Zealand, the principal place of business in New Zealand of the overseas company.
3: However, subsections (1) and (2) do not apply to the public notice required to be given—
a: by the Registrar under sections 319(1)(c) 320(1) 328(3)(a) 341(4)(b) 360A(2)(b)
b: by the Secretary to the Treasury under section 324(3)
4: The public notice required to be given by the Registrar under the provisions referred to in subsection (3)(a) Gazette
5: The Registrar must ensure that a copy of the notice referred to in subsection (4) is available on an Internet site maintained by or on behalf of the Registrar, at all reasonable times, for a period of not less than 20 working days.
6: The public notice required to be given by the Secretary to the Treasury under the provision referred to in subsection (3)(b) must be given by publishing the notice in at least 1 issue of the Gazette
7: The Secretary to the Treasury must ensure that a copy of the notice referred to in subsection (6) is available on an Internet site maintained by or on behalf of the Treasury, at all reasonable times, for a period of not less than 20 working days. Section 3(3) replaced 24 October 2019 section 23(1) Statutes Amendment Act 2019 Section 3(4) inserted 7 July 2010 section 4 Companies Amendment Act (No 2) 2010 Section 3(4) amended 24 October 2019 section 23(2) Statutes Amendment Act 2019 Section 3(5) inserted 7 July 2010 section 4 Companies Amendment Act (No 2) 2010 Section 3(6) inserted 24 October 2019 section 23(3) Statutes Amendment Act 2019 Section 3(7) inserted 24 October 2019 section 23(3) Statutes Amendment Act 2019
4: Meaning of solvency test
1: For the purposes of this Act, a company satisfies the solvency test if—
a: the company is able to pay its debts as they become due in the normal course of business; and
b: the value of the company's assets is greater than the value of its liabilities, including contingent liabilities.
2: Without limiting sections 52 55(3) sections 221 222
a: must have regard to—
i: the most recent financial statements of the company that are prepared under this Act or any other enactment (if any); and
ia: the accounting records of the company; and
ii: all other circumstances that the directors know or ought to know affect, or may affect, the value of the company's assets and the value of the company's liabilities, including its contingent liabilities:
b: may rely on valuations of assets or estimates of liabilities that are reasonable in the circumstances.
3: Without limiting sections 221 222
a: must have regard to—
i: the most recent financial statements of each amalgamating company that are prepared under this Act or any other enactment (if any); and
ia: the accounting records of the amalgamating company; and
ii: all other circumstances that the directors know or ought to know would affect, or may affect, the value of the amalgamated company's assets and the value of its liabilities, including contingent liabilities:
b: may rely on valuations of assets or estimates of liabilities that are reasonable in the circumstances.
4: In determining, for the purposes of this section, the value of a contingent liability, account may be taken of—
a: the likelihood of the contingency occurring; and
b: any claim the company is entitled to make and can reasonably expect to be met to reduce or extinguish the contingent liability. Section 4(2)(a)(i) replaced 1 April 2014 section 25(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 4(2)(a)(ia) inserted 1 April 2014 section 25(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 4(3)(a)(i) replaced 1 April 2014 section 25(2) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 4(3)(a)(ia) inserted 1 April 2014 section 25(2) Financial Reporting (Amendments to Other Enactments) Act 2013
5: Meaning of holding company and subsidiary
1: For the purposes of this Act, a company is a subsidiary
a: that other company—
i: controls the composition of the board of the company; or
ii: is in a position to exercise, or control the exercise of, more than one-half the maximum number of votes that can be exercised at a meeting of the company; or
iii: holds more than one-half of the issued shares of the company, other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital; or
iv: is entitled to receive more than one-half of every dividend paid on shares issued by the company, other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital; or
b: the company is a subsidiary of a company that is that other company's subsidiary.
2: For the purposes of this Act, a company is another company's holding company
3: In this section and sections 7 8 company Corporations Act 1989 s 46 (Aust)
6: Extended meaning of subsidiary
Section 6 repealed 5 December 2013 section 5 Companies Amendment Act 2013
7: Control defined
For the purposes of section 5
a: a person cannot be appointed as a director of the company without the exercise by the other company of such a power in the person's favour; or
b: a person's appointment as a director of the company follows necessarily from the person being a director or other officer of the other company. Corporations Act 1989 s 47 (Aust)
8: Certain matters to be disregarded
In determining whether a company is a subsidiary of another company,—
a: shares held or a power exercisable by that other company in a fiduciary capacity are not to be treated as held or exercisable by it:
b: subject to paragraphs (c) and (d), shares held or a power exercisable—
i: by a person as a nominee for that other company, except where that other company is concerned only in a fiduciary capacity; or
ii: by, or by a nominee for, a subsidiary of that other company, not being a subsidiary which is concerned only in a fiduciary capacity,— are to be treated as held or exercisable by that other company:
c: shares held or a power exercisable by a person under the provisions of debentures of the company or of a trust deed for securing an issue of debentures shall be disregarded:
d: shares held or a power exercisable by, or by a nominee for, that other company or its subsidiary (not being held or exercisable in the manner described in paragraph (c)) are not to be treated as held or exercisable by that other company if—
i: the ordinary business of that other company or its subsidiary, as the case may be, includes the lending of money; and
ii: the shares are held or the power is exercisable by way of security only for the purposes of a transaction entered into in the ordinary course of that business. Corporations Act 1989 s 48 (Aust)
8A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 8A inserted 31 March 2017 section 14 Regulatory Systems (Commercial Matters) Amendment Act 2017
9: Act binds the Crown
This Act binds the Crown.
2: Incorporation
Essential requirements
10: Essential requirements
A company must have—
a: a name; and
b: 1 or more shares; and
c: 1 or more shareholders, having limited or unlimited liability for the obligations of the company; and
d: 1 or more directors, of whom at least 1 must—
i: live in New Zealand; or
ii: live in an enforcement country and be a director of a body corporate that is incorporated in that enforcement country under a law that is equivalent to this Act. Section 10(d) replaced 1 May 2015 section 9 Companies Amendment Act 2014 Section 10(d)(ii) replaced 30 May 2017 section 15 Regulatory Systems (Commercial Matters) Amendment Act 2017 Method of incorporation
11: Right to apply for registration
Any person may, either alone or together with another person, apply for registration of a company under this Act.
12: Application for registration
1: An application for registration of a company under this Act must be sent or delivered to the Registrar, and must be—
a: in the prescribed form; and
b: signed by each applicant; and
c: accompanied by a document in the prescribed form signed by every person named as a director, containing his or her consent to be a director and a certificate that he or she is not disqualified from being appointed or holding office as a director of a company; and
d: accompanied by—
i: a document in the prescribed form signed by every person named as a shareholder, or by an agent of that person authorised in writing, containing his or her consent to being a shareholder and to taking the class and number of shares specified in the document; and
ii: if the document has been signed by an agent, the instrument authorising the agent to sign it; and
e: accompanied by a notice reserving a name for the proposed company; and
f: if the proposed company is to have a constitution, accompanied by a document certified by at least 1 applicant as the company's constitution.
2: Without limiting subsection (1), the application must state—
a: the full name and address of each applicant; and
b: in relation to every director of the proposed company,—
i: his or her full name and date and place of birth; and
ii: his or her residential address; and
iii:
c: the full name and residential address of every shareholder of the proposed company, and the number of shares to be issued to every shareholder; and
ca: the proposed company's ultimate holding company information; and
d: the registered office of the proposed company; and
e: the address for service of the proposed company.
3: If no directors of the proposed company live in New Zealand, the application must, in relation to at least 1 director who lives in an enforcement country,—
a: confirm that the director is a director of a body corporate that is incorporated in that enforcement country under a law that is equivalent to this Act; and
b: include the prescribed information in respect of that body corporate. Section 12(2)(b) replaced 1 May 2015 section 10(1) Companies Amendment Act 2014 Section 12(2)(b)(iii) repealed 30 May 2017 section 16(1) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 12(2)(ca) inserted 1 May 2015 section 10(2) Companies Amendment Act 2014 Section 12(3) inserted 30 May 2017 section 16(2) Regulatory Systems (Commercial Matters) Amendment Act 2017
13: Registration
As soon as the Registrar receives a properly completed application for registration of a company, the Registrar must—
a: register the application; and
b: issue a certificate of incorporation.
14: Certificate of incorporation
A certificate of incorporation of a company issued under section 13
a: all the requirements of this Act as to registration have been complied with; and
b: on and from the date of incorporation stated in the certificate, the company is incorporated under this Act. Separate legal personality
15: Separate legal personality
A company is a legal entity in its own right separate from its shareholders and continues in existence until it is removed from the New Zealand register.
3: Capacity, powers, and validity of actions
16: Capacity and powers
1: Subject to this Act, any other enactment, and the general law, a company has, both within and outside New Zealand,—
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.
2: The constitution of a company may contain a provision relating to the capacity, rights, powers, or privileges of the company only if the provision restricts the capacity of the company or those rights, powers, and privileges. Validity of actions
17: Validity of actions
1: No act of a company and no transfer of property to or by a company is invalid merely because the company did not have the capacity, the right, or the power to do the act or to transfer or take a transfer of the property.
2: Subsection (1) does not limit—
a: section 164
b: section 165
c: section 169
d: section 170
3: The fact that an act is not, or would not be, in the best interests of a company does not affect the capacity of the company to do the act. 1955 No 63 s 18A 1983 No 53 s 8
18: Dealings between company and other persons
1: A company or a guarantor of an obligation of a company may not assert against a person dealing with the company or with a person who has acquired property, rights, or interests from the company that—
a: this Act or the constitution of the company has not been complied with:
b: a person named as a director of the company in the most recent notice received by the Registrar under section 159
i: is not a director of a company; or
ii: has not been duly appointed; or
iii: does not have authority to exercise a power which a director of a company carrying on business of the kind carried on by the company customarily has authority to exercise:
c: a person held out by the company as a director, employee, or agent of the company—
i: has not been duly appointed; or
ii: does not have authority to exercise a power which a director, employee, or agent of a company carrying on business of the kind carried on by the company customarily has authority to exercise:
d: a person held out by the company as a director, employee, or agent of the company with authority to exercise a power which a director, employee, or agent of a company carrying on business of the kind carried on by the company does not customarily have authority to exercise, does not have authority to exercise that power:
e: a document issued on behalf of a company by a director, employee, or agent of the company with actual or usual authority to issue the document is not valid or not genuine— unless the person has, or ought to have, by virtue of his or her position with or relationship to the company, knowledge of the matters referred to in any of paragraphs (a), (b), (c), (d), or (e), as the case may be.
2: Subsection (1) applies even though a person of the kind referred to in paragraphs (b) to (e) of that subsection acts fraudulently or forges a document that appears to have been signed on behalf of the company, unless the person dealing with the company or with a person who has acquired property, rights, or interests from the company has actual knowledge of the fraud or forgery. 1955 No 63 ss 18C, 18D 1985 No 80 s 2
19: No constructive notice
A person is not affected by, or deemed to have notice or knowledge of the contents of, the constitution of, or any other document relating to, a company merely because—
a: the constitution or document is registered on the New Zealand register; or
b: it is available for inspection at an office of the company. 1955 No 63 s 18B 1985 No 80 s 2
4: Company names
20: Name to be reserved
The Registrar must not register a company under a name or register a change of the name of a company unless the name has been reserved.
21: Name of company if liability of shareholders limited
The registered name of a company must end with the word Limited Tāpui (Limited)
22: Application for reservation of name
1: An application for reservation of the name of a company must be sent or delivered to the Registrar, and must be in the prescribed form.
2: The Registrar must not reserve a name—
a: the use of which would contravene an enactment; or
b: that is identical or almost identical to the name of another company
c: that is identical or almost identical to a name that the Registrar has already reserved under this Act
d: that, in the opinion of the Registrar, is offensive.
3: The Registrar must advise the applicant by notice in writing—
a: whether or not the Registrar has reserved the name; and
b: if the name has been reserved, that , unless the reservation is sooner revoked by the Registrar, Section 22(2)(b) amended 5 December 2013 section 6(1) Companies Amendment Act 2013 Section 22(2)(c) amended 5 December 2013 section 6(2) Companies Amendment Act 2013 Section 22(3)(b) amended 1 July 1994 Companies Act 1993 Amendment Act 1994
23: Change of name
1: An application to change the name of a company must—
a: be in the prescribed form; and
b: be accompanied by a notice reserving the name; and
c: subject to the constitution of the company, be made by a director of the company with the approval of its board.
2: Subject to its constitution, an application to change the name of a company is not an amendment of the constitution of the company for the purposes of this Act.
3: As soon as the Registrar receives a properly completed application, the Registrar must—
a: enter the new name of the company on the New Zealand register; and
b: issue a certificate of incorporation for the company recording the change of name of the company.
4: A change of name of a company—
a: takes effect from the date of the certificate issued under subsection (3); and
b: does not affect rights or obligations of the company, or legal proceedings by or against the company, and legal proceedings that might have been continued or commenced against the company under its former name may be continued or commenced against it under its new name.
24: Direction to change name
1: If the Registrar believes on reasonable grounds that the name under which a company is registered should not have been reserved, the Registrar may serve written notice on the company to change its name by a date specified in the notice, being a date not less than 20 working days after the date on which the notice is served.
2: If the company does not change its name within the period specified in the notice, the Registrar may enter on the New Zealand register a new name for the company selected by the Registrar, being a name under which the company may be registered under this Part.
3: If the Registrar registers a new name under subsection (2), the Registrar must issue a certificate of incorporation for the company recording the new name of the company, and section 23(4)
25: Use of company name
1: A company must ensure that its name is clearly stated in—
a: every written communication sent by, or on behalf of, the company; and
b: every document issued or signed by, or on behalf of, the company that evidences or creates a legal obligation of the company.
2: Where—
a: a document that evidences or creates a legal obligation of a company is issued or signed by or on behalf of the company; and
b: the name of the company is incorrectly stated in the document,— every person who issued or signed the document is liable to the same extent as the company if the company fails to discharge the obligation unless—
c: the person who issued or signed the document proves that the person in whose favour the obligation was incurred was aware at the time the document was issued or signed that the obligation was incurred by the company; or
d: the court is satisfied that it would not be just and equitable for the person who issued or signed the document to be so liable.
3: For the purposes of subsections (1) and (2) and of section 180
4: If, within the period of 12 months immediately preceding the giving by a company of any public notice, the name of the company was changed, the company must ensure that the notice states—
a: that the name of the company was changed in that period; and
b: the former name or names of the company.
5: If a company fails to comply with subsection (1) or subsection (4),—
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(1)
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(1)
5: Company constitution
26: No requirement for company to have constitution
A company may but does not have to have a constitution.
27: Effect of Act on company having constitution
If a company has a constitution, the company, the board, each director, and each shareholder of the company have the rights, powers, duties, and obligations set out in this Act except to the extent that they are negated or modified, in accordance with this Act, by the constitution of the company.
28: Effect of Act on company not having constitution
If a company does not have a constitution, the company, the board, each director, and each shareholder of the company have the rights, powers, duties, and obligations set out in this Act.
29: Form of constitution
The constitution of a company, if it has one, is,—
a: in the case of a company registered under Part 2
b: in the case of an existing company that is reregistered pursuant to the Companies Reregistration Act 1993
c: a document that is adopted by the company as its constitution under section 32
d: a document described in section 33
e: a document described in paragraph (a) or paragraph (b) or paragraph (c) or paragraph (d) as altered by the company under section 32 section 34 Section 29(c) amended 1 July 1994 Companies Act 1993 Amendment Act 1994
30: Contents of constitution
Subject to section 16(2)
a: matters contemplated by this Act for inclusion in the constitution of a company:
b: such other matters as the company wishes to include in its constitution.
31: Effect of constitution
1: The constitution of a company has no effect to the extent that it contravenes, or is inconsistent with, this Act.
2: Subject to this Act, the constitution of a company is binding as between—
a: the company and each shareholder; and
b: each shareholder— in accordance with its terms.
32: Adoption, alteration, and revocation of constitution
1: The shareholders of a company that does not have a constitution may, by special resolution, adopt a constitution for the company.
2: Without limiting section 117 section 174 section 57
3: Within 10 working days of the adoption of a constitution by a company, or the alteration or revocation of the constitution of a company, as the case may be, the board must ensure that a notice in the prescribed form of the adoption of the constitution or of the alteration or revocation of the constitution is delivered to the Registrar for registration.
4: If the board of a company fails to comply with subsection (3), every director of the company commits an offence and is liable, on conviction, to the penalty set out in section 374(2)
33: New form of constitution
1: A company may, from time to time, deliver to the Registrar a single document that incorporates the provisions of a document referred to in paragraph (a) or paragraph (b) or paragraph (c) or paragraph (d) or paragraph (e) of section 29
2: The Registrar may, if the Registrar considers that by reason of the number of amendments to a company's constitution it would be desirable for the constitution to be contained in a single document, by notice in writing, require a company to deliver to the Registrar a single document that incorporates the provisions of a document referred to in paragraph (a) or paragraph (b) or paragraph (c) or paragraph (d) of section 29
3: Within 20 working days of receipt by a company of a notice under subsection (2), the board must ensure that the document required by that subsection is received by the Registrar for registration.
4: The board must ensure that a document delivered to the Registrar under this section is accompanied by a certificate signed by a person authorised by the board that the document complies with subsection (1) or subsection (2), as the case may be.
5: As soon as the Registrar receives a document certified in accordance with subsection (4), the Registrar must register the document.
6: If the board of a company fails to comply with subsection (3) or subsection (4), every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2)
34: Court may alter constitution
1: The court may, on the application of a director or shareholder of a company, if it is satisfied that it is not practicable to alter the constitution of the company using the procedure set out in this Act or in the constitution itself, make an order altering the constitution of a company on such terms and conditions that it thinks fit.
2: The applicant for the order must ensure that a copy of an order made under subsection (1), together with a copy of the constitution as altered, is delivered to the Registrar for registration within 10 working days.
3: A person who fails to comply with subsection (2) commits an offence and is liable on conviction to the penalty set out in section 373(2)
6: Shares
and debentures Part 6 heading amended 1 January 2008 section 364(1) Property Law Act 2007
35: Legal nature of shares
A share in a company is personal property.
36: Rights and powers attaching to shares
1: Subject to subsection (2), a share in a company confers on the holder—
a: the right to 1 vote on a poll at a meeting of the company on any resolution, including any resolution to—
i: appoint or remove a director or auditor:
ii: adopt a constitution:
iii: alter the company's constitution, if it has one:
iv: approve a major transaction:
v: approve an amalgamation of the company under section 221
vi: put the company into liquidation:
b: the right to an equal share in dividends authorised by the board:
c: the right to an equal share in the distribution of the surplus assets of the company.
2: Subject to section 53 section 41(b) section 42 or section 44 section 107(2) Section 36(2) amended 3 May 2001 section 3 Companies Act 1993 Amendment Act 2001 Section 36(2) amended 30 June 1997 section 2 Companies Act 1993 Amendment Act 1997 Section 36(2) amended 1 July 1994 Companies Act 1993 Amendment Act 1994
37: Types of shares
1: Subject to the constitution of the company, different classes of shares may be issued in a company.
2: Without limiting subsection (1), shares in a company may—
a: be redeemable within the meaning of section 68
b: confer preferential rights to distributions of capital or income; or
c: confer special, limited, or conditional voting rights; or
d: not confer voting rights. Section 37(2)(a) replaced 1 July 1994 Companies Act 1993 Amendment Act 1994
38: No nominal value
1: A share must not have a nominal or par value.
2: Nothing in subsection (1) prevents the issue by a company of a redeemable share.
39: Transferability of shares
1: Subject to any limitation or restriction on the transfer of shares in the constitution, a share in a company is transferable.
2: A share is transferred by entry in the share register in accordance with section 84
3: The personal representative of a deceased shareholder may transfer a share even though the personal representative is not a shareholder at the time of transfer.
40: Contracts for issue of shares
A contract or deed under which a company is or may be required to issue shares, whether on the exercise of an option or on the conversion of financial products subpart 5
a: the board is entitled to issue the shares; and
b: either—
i: the board has complied with section 47 section 49
ii: all entitled persons agree or concur with the issue of the shares under section 107(2)
iii: the contract or deed expressly provides that the contract or deed is subject to—
A: the board complying with section 47 section 49
B: all entitled persons agreeing to or concurring with the issue of the shares under section 107(2) Section 40 replaced 3 May 2001 section 4 Companies Act 1993 Amendment Act 2001 Section 40 amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 40 amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Issue of shares
41: Issue of shares on registration and amalgamation
A company must,—
a: forthwith after the registration of the company, issue to any person or persons named in the application for registration as a shareholder or shareholders, the number of shares specified in the application as being the number of shares to be issued to that person or those persons:
b: in the case of an amalgamated company, forthwith after the amalgamation is effective, issue to any person entitled to a share or shares under the amalgamation proposal, the share Section 41(b) amended 1 July 1994 Companies Act 1993 Amendment Act 1994
42: Issue of other shares
Subject to this Act and the constitution of the company, the board of a company may issue shares at any time, to any person, and in any number it thinks fit.
43: Notice of share issue
1: The board of a company must deliver to the Registrar for registration, within 10 working days of the issue of shares under section 41(b) section 42 or section 107(2)
2: If the board of a company fails to comply with subsection (1), every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2) Section 43(1) amended 30 June 1997 section 3 Companies Act 1993 Amendment Act 1997
44: Shareholder approval for issue of shares
1: Notwithstanding section 42
2: Subject to the terms of the approval, the shares may be issued at any time, to any person, and in any number the board thinks fit.
3: Within 10 working days of approval being given under subsection (1), the board must ensure that notice of that approval in the prescribed form is delivered to the Registrar for registration.
4: Nothing in this section affects the need to obtain the approval of an interest group in accordance with section 117
5: A failure to comply with this section does not affect the validity of an issue of shares.
6: If the board of a company fails to comply with subsection (3), every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2)
45: Pre-emptive rights
1: Shares issued or proposed to be issued by a company that rank or would rank as to voting or distribution rights, or both, equally with or prior to shares already issued by the company must be offered for acquisition to the holders of the shares already issued in a manner and on terms that would, if accepted, maintain the existing voting or distribution rights, or both, of those holders.
2: An offer under subsection (1) must remain open for acceptance for a reasonable time.
3: The constitution of a company may negate, limit, or modify the requirements of this section.
46: Consideration for issue of shares
The consideration for which a share is issued may take any form and may be cash, promissory notes, contracts for future services, real or personal property, or other financial products Section 46 amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
46A: Consideration for issue of shares on registration
A shareholder is not liable to pay or provide any consideration in respect of an issue of shares under section 41(a)
a: the constitution of the company specifies the consideration to be paid or provided for those shares; or
b: the shareholder is liable to pay or provide consideration for those shares pursuant to either a pre-incorporation contract (within the meaning of section 182 Section 46A inserted 30 June 1997 section 4 Companies Act 1993 Amendment Act 1997
47: Consideration to be decided by board
1: Before the board of a company issues shares under section 42 section 44
a: decide the consideration for which the shares will be issued and the terms on which they will be issued; and
b: if the shares are to be issued other than for cash, determine the reasonable present cash value of the consideration for the issue; and
c: resolve that, in its opinion, the consideration for and terms of the issue are fair and reasonable to the company and to all existing shareholders; and
d: if the shares are to be issued other than for cash, resolve that, in its opinion, the present cash value of the consideration to be provided for the issue of the shares is not less than the amount to be credited for the issue of the shares.
2: The directors who vote in favour of a resolution required by subsection (1) must sign a certificate—
a: stating the consideration for, and the terms of, the issue; and
b: describing the consideration in sufficient detail to identify it; and
c: where a present cash value has been determined in accordance with subsection (1)(b), stating that value and the basis for assessing it; and
d: stating that, in their opinion, the consideration for and terms of issue are fair and reasonable to the company and to all existing shareholders; and
e: if the shares are to be issued other than for cash stating that, in their opinion, the present cash value of the consideration to be provided for the issue of the shares is not less than the amount to be credited for the issue of the shares.
3: Before shares that have already been issued are credited as fully or partly paid up other than for cash, the board must—
a: determine the reasonable present cash value of the consideration; and
b: resolve that, in its opinion, the present cash value of the consideration is—
i: fair and reasonable to the company and to all existing shareholders; and
ii: not less than the amount to be credited in respect of the shares.
4: The directors who vote in favour of a resolution under subsection (3) must sign a certificate—
a: describing the consideration in sufficient detail to identify it; and
b: stating—
i: the present cash value of the consideration and the basis for assessing it; and
ii: that the present cash value of the consideration is fair and reasonable to the company and to all existing shareholders; and
iii: that the present cash value of the consideration is not less than the amount to be credited in respect of the shares.
5: The board must deliver a copy of a certificate that complies with subsection (2) or subsection (4) to the Registrar for registration within 10 working days after it is given.
6: For the purposes of this section, shares that are or are to be credited as paid up, whether wholly or partly, as part of an arrangement that involves the transfer of property or the provision of services and an exchange of cash or cheques or other negotiable instruments, whether simultaneously or not, must be treated as paid up other than in cash to the value of the property or services.
7: A director who fails to comply with subsection (2) or subsection (4) commits an offence and is liable on conviction to the penalty set out in section 373(1)
8: Nothing in this section applies to the issue of shares in a company on—
a: the conversion of any convertible financial products
b: the exercise of any option to acquire shares in the company.
9: If the board of a company fails to comply with subsection (5), every director of the company commits an offence and is liable, on conviction, to the penalty set out in section 374(2) Section 47(8)(a) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
48: Exceptions to section 47
Section 47
a: the issue of shares that are fully paid up from the reserves of the company to all shareholders of the same class in proportion to the number of shares held by each shareholder:
b: the consolidation and division of the shares or any class of shares in the company in proportion to those shares or the shares in that class:
c: the subdivision of the shares or any class of shares in the company in proportion to those shares or the shares in that class.
49: Consideration in relation to issue of options and convertible
financial products
1: Before the board of a company issues any financial products
a: decide the consideration for which the convertible financial products
b: if the shares are to be issued other than for cash, determine the reasonable present cash value of the consideration for the issue; and
c: resolve that, in its opinion, the consideration for and terms of the issue of the convertible financial products
d: if the shares are to be issued other than for cash, resolve that, in its opinion, the present cash value of the consideration to be provided is not less than the amount to be credited for the issue of the shares.
2: The directors who vote in favour of a resolution required by subsection (1) must sign a certificate—
a: stating the consideration for, and the terms of, the issue of the convertible financial products
b: describing the consideration in sufficient detail to identify it; and
c: where a present cash value has been determined in accordance with subsection (1)(b), stating that value and the basis for assessing it; and
d: stating that, in their opinion, the consideration for and terms of issue of the convertible financial products
e: if the shares are to be issued other than for cash, stating that, in their opinion, the present cash value of the consideration to be provided is not less than the amount to be credited for the issue of the shares.
3: The board must deliver a copy of a certificate that complies with subsection (2) to the Registrar for registration within 10 working days after it is given.
4: For the purposes of this section, shares that are to be credited as paid up, whether wholly or partly, as part of an arrangement that involves the transfer of property or the provision of services and an exchange of cash or cheques or other negotiable instruments, whether simultaneously or not, must be treated as paid up other than in cash to the value of the property or services.
5: A director who fails to comply with subsection (2) commits an offence and is liable on conviction to the penalty set out in section 373(1)
6: If the board of a company fails to comply with subsection (3), every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2) Section 49 heading amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 49(1) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 49(1)(a) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 49(1)(c) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 49(2)(a) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 49(2)(d) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
50: Consent to issue of shares
The issue by a company of a share that—
a: increases a liability of a person to the company; or
b: imposes a new liability on a person to the company— is void if that person or an agent of that person authorised in writing does not consent in writing to becoming the holder of the share before it is issued.
51: Time of issue of shares
A share is issued when the name of the holder is entered on the share register. Distributions to shareholders
52: Board may authorise distributions
1: The board of a company that is satisfied on reasonable grounds that the company will, immediately after the distribution, satisfy the solvency test may, subject to section 53
2: The directors who vote in favour of a distribution must sign a certificate stating that, in their opinion, the company will, immediately after the distribution, satisfy the solvency test and the grounds for that opinion.
3: If, after a distribution is authorised and before it is made, the board ceases to be satisfied on reasonable grounds that the company will, immediately after the distribution is made, satisfy the solvency test, any distribution made by the company is deemed not to have been authorised.
4: In applying the solvency test for the purposes of this section and section 56
a: debts
b: liabilities
5: Every director who fails to comply with subsection (2) commits an offence and is liable on conviction to the penalty set out in section 373(1)
53: Dividends
1: A dividend is a distribution other than a distribution to which section 59 section 76
2: The board of a company must not authorise a differential dividend unless—
a: the amount of the dividend in respect of a share of that class is in proportion to the amount paid to the company in satisfaction of the liability of the shareholder under the constitution of the company or under the terms of issue of the share or is required, for a multi-rate PIE, as a result of section HM 48
b: the company’s constitution provides for differential dividends as permitted by subsection (2A) and the dividend is authorised in accordance with the constitution.
2A: The constitution of a company may provide for differential dividends in respect of the shares in a class of shares, which may be determined on any differential basis, but only if the differential basis is based on objective criteria and not on the exercise of a discretion by, or an opinion of, the board of the company. Example
Company Z is an agricultural company whose class A shareholders are all current or former growers and suppliers to the company. The company’s constitution could confer on holders of class A shares a right to differential dividends based on whether or not they are currently growing and supplying produce to the company. The company’s constitution could not provide for dividends based on a discretionary criterion, such as whether a shareholder had adequately upheld the reputation of the company.
3: Notwithstanding subsection (2), a shareholder may waive his or her entitlement to receive a dividend by notice in writing to the company signed by or on behalf of the shareholder.
4: In this section, differential dividend
a: in respect of some but not all the shares in a class; or
b: that is of a greater value per share in respect of some shares of a class than it is in respect of other shares of that class. Section 53(2) replaced 17 November 2019 section 4(1) Companies (Clarification of Dividend Rules in Companies) Amendment Act 2019 Section 53(2)(a) amended 30 March 2021 section 194 Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 Section 53(2A) inserted 17 November 2019 section 4(1) Companies (Clarification of Dividend Rules in Companies) Amendment Act 2019 Section 53(4) inserted 17 November 2019 section 4(2) Companies (Clarification of Dividend Rules in Companies) Amendment Act 2019
54: Shares in lieu of dividends
Subject to the constitution of the company, the board of a company may issue shares to any shareholders who have agreed to accept the issue of shares, wholly or partly, in lieu of a proposed dividend or proposed future dividends if—
a: the right to receive shares, wholly or partly, in lieu of the proposed dividend or proposed future dividends has been offered to all shareholders of the same class on the same terms; and
b: if all shareholders elected to receive the shares in lieu of the proposed dividend, relative voting or distribution rights, or both, would be maintained; and
c: the shareholders to whom the right is offered are afforded a reasonable opportunity of accepting it; and
d: the shares issued to each shareholder are issued on the same terms and subject to the same rights as the shares issued to all shareholders in that class who agree to receive the shares; and
e: the provisions of section 47
55: Shareholder discounts
1: The board of a company may resolve that the company offer shareholders discounts in respect of some or all of the goods sold or services provided by the company.
2: The board may approve a discount scheme under subsection (1) only if it has previously resolved that the proposed discounts are—
a: fair and reasonable to the company and to all shareholders; and
b: to be available to all shareholders or all shareholders of the same class on the same terms.
3: A discount scheme may not be approved or continued by the board unless it is satisfied on reasonable grounds that the company satisfies the solvency test.
4: Subject to subsection (5), a discount accepted by a shareholder under a discount scheme approved under this section is not a distribution for the purposes of this Act.
5: Where—
a: a discount is accepted by a shareholder under a scheme approved or continued by the board; and
b: at the time the scheme was approved or the discount was offered, the board ceased to be satisfied on reasonable grounds that the company would satisfy the solvency test,— the provisions of section 56
56: Recovery of distributions
1: A distribution made to a shareholder at a time when the company did not, immediately after the distribution, satisfy the solvency test may be recovered by the company from the shareholder unless—
a: the shareholder received the distribution in good faith and without knowledge of the company's failure to satisfy the solvency test; and
b: the shareholder has altered the shareholder's position in reliance on the validity of the distribution; and
c: it would be unfair to require repayment in full or at all.
2: If, in relation to a distribution made to shareholders,—
a: the procedure set out in section 52 section 70 section 77
b: reasonable grounds for believing that the company would satisfy the solvency test in accordance with section 52 section 70 section 77 a director who—
c: failed to take reasonable steps to ensure the procedure was followed; or
d: signed the certificate, as the case may be,— is personally liable to the company to repay to the company so much of the distribution as is not able to be recovered from shareholders.
3: If, by virtue of section 52(3) section 70(3) section 77(3)
a: ceased after authorisation but before the making of the distribution to be satisfied on reasonable grounds for believing that the company would satisfy the solvency test immediately after the distribution is made; and
b: failed to take reasonable steps to prevent the distribution being made,— is personally liable to the company to repay to the company so much of the distribution as is not able to be recovered from shareholders.
4: If, by virtue of section 55(5)
5: If, in an action brought against a director or shareholder under this section, the court is satisfied that the company could, by making a distribution of a lesser amount, have satisfied the solvency test, the court may—
a: permit the shareholder to retain; or
b: relieve the director from liability in respect of— an amount equal to the value of any distribution that could properly have been made.
57: Reduction of shareholder liability a distribution
1: If a company proposes to alter its constitution, or to acquire shares issued by it, or redeem shares under section 69
a: for the purposes of section 52
b: for the purposes of subsections (2) and (3) of section 53
2: If a company has altered its constitution, or acquired shares, or redeemed shares under section 69 section 56
3: If the liability of a shareholder of an amalgamating company to that company in relation to a share held before the amalgamation is—
a: greater than the liability of that shareholder to the amalgamated company in relation to a share or shares into which that share is converted; or
b: cancelled by the cancellation of that share in the amalgamation,— the reduction of liability effected by the amalgamation is to be treated for the purposes of section 56(1) and (5) Company may acquire its own shares
58: Company may acquire its own shares
1: A company may, in accordance with sections 59 to 66 section 107 sections 110 to 112C
2: Shares acquired by a company otherwise than in accordance with sections 59 to 66 110 to 112C immediately
3: Within 10 working days of the purchase or acquisition of the shares, the board of the company must ensure that notice in the prescribed form of the purchase or acquisition is delivered to the Registrar for registration.
4: If the board of a company fails to comply with subsection (3), every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2) Section 58(1) amended 17 September 2008 section 4 Companies (Minority Buy-out Rights) Amendment Act 2008 Section 58(2) amended 17 September 2008 section 4 Companies (Minority Buy-out Rights) Amendment Act 2008 Section 58(2) amended 1 July 1994 Companies Act 1993 Amendment Act 1994
59: Acquisition of company's own shares
1: Subject to section 52
2: The purchase or acquisition of the shares must be made in accordance with section 60 section 63 section 65
3: Nothing in this section or in sections 60 to 67
a: an order of the court that requires a company to purchase or acquire its own shares; or
b: sections 110 118 Section 59(3)(b) replaced 1 July 1994 Companies Act 1993 Amendment Act 1994
60: Board may make offer to acquire shares
1: The board of a company may make an offer to acquire shares issued by the company if the offer is—
a: an offer to all shareholders to acquire a proportion of their shares, that—
i: would, if accepted, leave unaffected relative voting and distribution rights; and
ii: affords a reasonable opportunity to accept the offer; or
b: an offer to 1 or more shareholders to acquire shares—
i: to which all shareholders have consented in writing; or
ii: that is expressly permitted by the constitution, and is made in accordance with the procedure set out in section 61
2: Where an offer is made in accordance with subsection (1)(a),—
a: the offer may also permit the company to acquire additional shares from a shareholder to the extent that another shareholder does not accept the offer or accepts the offer only in part; and
b: if the number of additional shares exceeds the number of shares that the company is entitled to acquire, the number of additional shares shall be reduced rateably.
3: The board may make an offer under subsection (1) only if it has previously resolved—
a: that the acquisition in question is in the best interests of the company; and
b: that the terms of the offer and the consideration offered for the shares are fair and reasonable to the company; and
c: that it is not aware of any information that will not be disclosed to shareholders—
i: which is material to an assessment of the value of the shares; and
ii: as a result of which the terms of the offer and consideration offered for the shares are unfair to shareholders accepting the offer.
4: The resolution must set out in full the reasons for the director's conclusions.
5: The directors who vote in favour of a resolution required by subsection (3) must sign a certificate as to the matters set out in that subsection, and may combine it with the certificate required by section 52 section 61
6: The board of a company must not make an offer under subsection (1) if, after the passing of a resolution under subsection (3) and before the making of the offer to acquire the shares,—
a: the board ceases to be satisfied that the acquisition in question is in the best interests of the company; or
b: the board ceases to be satisfied that the terms of the offer and the consideration offered for the shares are fair and reasonable to the company; or
c: the board becomes aware of any information that will not be disclosed to shareholders—
i: which is material to an assessment of the value of the shares; or
ii: as a result of which the terms of the offer and consideration offered for the shares would be unfair to shareholders accepting the offer.
7: Every director who fails to comply with subsection (5) commits an offence and is liable on conviction to the penalty set out in section 373(1)
61: Special offers to acquire shares
1: The board may make an offer under section 60(1)(b)(ii)
a: that the acquisition is of benefit to the remaining shareholders; and
b: that the terms of the offer and the consideration offered for the shares are fair and reasonable to the remaining shareholders.
2: The resolution must set out in full the reasons for the directors' conclusions.
3: The directors who vote in favour of a resolution required by subsection (1) must sign a certificate as to the matters set out in that subsection.
4: A board must not make an offer under section 60(1)(b)(ii)
a: the acquisition is of benefit to the remaining shareholders; or
b: the terms of the offer and the consideration offered for the shares are fair and reasonable to the remaining shareholders.
5: Before an offer is made pursuant to a resolution under subsection (1), the company must send to each shareholder a disclosure document that complies with section 62
6: The offer must be made not less than 10 working days and not more than 12 months after the disclosure document has been sent to each shareholder.
7: Nothing in subsections (5) and (6) applies to an offer to a shareholder by a company if—
a: the company is a listed issuer; and
b: the offer is to acquire fewer of the quoted shares of the company than the minimum holding of those shares in the company determined by the operator of the relevant licensed market.
8: A shareholder or the company may apply to the court for an order restraining the proposed acquisition on the grounds that—
a: it is not in the best interests of the company and of benefit to remaining shareholders; or
b: the terms of the offer and the consideration offered for the shares are not fair and reasonable to the company and remaining shareholders.
9: Every director who fails to comply with subsection (3) commits an offence and is liable on conviction to the penalty set out in section 373(1)
10: If a company fails to comply with subsection (5),—
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(1)
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(1) Section 61(7) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
62: Disclosure document
For the purposes of section 61
a: the nature and terms of the offer, and if made to specified shareholders, to whom it will be made; and
b: the nature and extent of any relevant interest of any director of the company in any shares the subject of the offer; and
c: the text of the resolution required by section 61
63: Stock exchange acquisitions subject to prior notice to shareholders
1: The board of a company may make offers on 1 or more stock exchanges
a: to acquire, by means of offers on 1 or more stock exchanges
b: that the acquisition is in the best interests of the company and its shareholders; and
c: that the terms of the offer and the consideration offered for the shares are fair and reasonable to the company and its shareholders; and
d: that it is not aware of any information that will not be disclosed to shareholders—
i: which is material to an assessment of the value of the shares; and
ii: as a result of which the terms of the offer and consideration offered for the shares are unfair to shareholders accepting the offer.
2: The resolution must set out in full the reasons for the directors' conclusions.
3: The directors who vote in favour of a resolution required by subsection (1) must sign a certificate as to the matters set out in that subsection and may combine it with the certificate required by section 52
3A: Offers may be made under subsection (1) by any director or employee of the company who is authorised to do so by the resolution of the board under that subsection.
4: An offer must not be made
5: An offer must not be made
a: the board ceases to be satisfied that the acquisition is in the best interests of the company and its shareholders; or
b: the board ceases to be satisfied that the terms of the offer and the consideration offered for the shares are fair and reasonable to the company and its shareholders; or
c: the board becomes aware of any information that will not be disclosed to shareholders—
i: which is material to an assessment of the value of the shares; or
ii: as a result of which the terms of the offer and consideration offered for the shares would be unfair to shareholders accepting the offer.
6: Before an offer is made pursuant to a resolution under subsection (1), the company must send to each shareholder a disclosure document that complies with section 64
7: The offer must be made not less than 10 working days and not more than 12 months after the disclosure document has been sent to each shareholder.
8: A shareholder or the company may apply to the court for an order restraining the proposed acquisition on the grounds that—
a: it is not in the best interests of the company or the shareholders; or
b: the terms of the offer and, if it is disclosed, the consideration offered for the shares are not fair and reasonable to the company or the shareholders.
9: Every director who fails to comply with subsection (3) commits an offence and is liable on conviction to the penalty set out in section 373(1)
10: If a company fails to comply with subsection (6),—
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(1)
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(1) Section 63(1) amended 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 63(1)(a) amended 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 63(3A) inserted 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 63(4) amended 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 63(5) amended 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 63(10) replaced 11 September 2014 section 58 Companies Amendment Act 2014
64: Disclosure document
1: For the purposes of section 63
a: the maximum number of shares that the board has resolved to acquire under section 63(1)
b: the nature and terms of the offer; and
c: the nature and extent of any relevant interest of any director of the company in any shares that may be acquired; and
d: the text of the resolution required by section 63(1)
2: Nothing in subsection (1) requires the disclosure of the consideration the board proposes to offer to acquire the shares.
65: Stock exchange acquisitions not subject to prior notice to shareholders
1: The board of a company may acquire shares on a stock exchange from its shareholders if the following conditions are satisfied:
a: that, prior to the acquisition, the board of the company has resolved—
i: that the acquisition in question is in the best interests of the company and the shareholders; and
ii: that the terms of and consideration for the acquisition are fair and reasonable to the company; and
iii: that it is not aware of any information that is not available to shareholders—
A: that is material to an assessment of the value of the shares; and
B: as a result of which the terms of and consideration for the acquisition are unfair to shareholders from whom any shares are acquired; and
b: that the number of shares acquired together with any other shares acquired under this section in the preceding 12 months does not exceed 5% of the shares in the same class as at the date 12 months prior to the acquisition of the shares.
2: Within 10 working days after the shares are acquired, the company must send to each stock exchange on which the shares of the company are listed a notice containing the following particulars:
a: the class of shares acquired:
b: the number of shares acquired:
c: the consideration paid or payable for the shares acquired:
d: if known to the company, the identity of the seller and, if the seller was not the beneficial owner, the beneficial owner.
2A:
2B: Acquisitions may be made under subsection (1) by any director or employee of the company who is authorised to do so by the resolution of the board under that subsection.
3: If a company fails to comply with subsection (2)
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(1)
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(1) Section 65(2) replaced 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 65(2A) repealed 31 August 2012 section 4(1) Companies Amendment Act (No 2) 2012 Section 65(2B) inserted 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 65(3) amended 31 August 2012 section 4(2) Companies Amendment Act (No 2) 2012
66: Cancellation of shares repurchased
1: Subject to sections 67A to 67C section 59 sections 112 to 112C
2: Shares are acquired for the purposes of subsection (1) on the date on which the company would, apart from this section, become entitled to exercise the rights attached to the shares.
3: On the cancellation of a share under this section,—
a: the rights and privileges attached to that share expire; but
b: the share may be reissued in accordance with this Part. Section 66(1) replaced 1 July 1994 Companies Act 1993 Amendment Act (No 2) 1994 Section 66(1) amended 17 September 2008 section 5 Companies (Minority Buy-out Rights) Amendment Act 2008
67: Enforceability of contract to repurchase shares
1: A contract with a company providing for the acquisition by the company of its shares is specifically enforceable against the company except to the extent that the company would, by performance, be unable to satisfy the solvency test in accordance with section 52
2: The company has the burden of proving that performance of the contract would result in the company being unable to satisfy the solvency test in accordance with section 52
3: Until the company has fully performed a contract referred to in subsection (1), the other party to the contract retains the status of a claimant entitled to be paid as soon as the company is lawfully able to do so or, prior to the removal of the company from the New Zealand register, to be ranked subordinate to the rights of creditors but in priority to the other shareholders. Treasury stock Heading inserted 1 July 1994 Companies Act 1993 Amendment Act (No 2) 1994
67A: Company may hold its own shares
1: Shares acquired by a company pursuant to section 59 sections 112 to 112C section 66(1)
a: the constitution of the company expressly permits the company to hold its own shares; and
b: the board of the company resolves that the shares concerned shall not be cancelled on acquisition; and
c: the number of shares acquired, when aggregated with shares of the same class held by the company pursuant to this section at the time of the acquisition, does not exceed 5% of the shares of that class previously issued by the company, excluding shares previously deemed to be cancelled under section 66(1)
2: Shares acquired by a company pursuant to section 59 sections 112 to 112C
3: A share that a company holds in itself under subsection (2) may be cancelled by the board of the company resolving that the share is cancelled; and the share shall be deemed to be cancelled on the making of such a resolution. Section 67A inserted 1 July 1994 Companies Act 1993 Amendment Act (No 2) 1994 Section 67A(1) amended 17 September 2008 section 6 Companies (Minority Buy-out Rights) Amendment Act 2008 Section 67A(2) amended 17 September 2008 section 6 Companies (Minority Buy-out Rights) Amendment Act 2008
67B: Rights and obligations of shares company holds in itself suspended
1: The rights and obligations attaching to a share that a company holds in itself pursuant to section 67A
2: Without limiting subsection (1), while a company holds a share in itself pursuant to section 67A
a: exercise any voting rights attaching to the share; or
b: make or receive any distribution authorised or payable in respect of the share. Section 67B inserted 1 July 1994 Companies Act 1993 Amendment Act (No 2) 1994
67C: Reissue of shares company holds in itself
1: Subject to subsection (2), section 47 section 42 section 44
2: Section 47(2) section 376
3: Subject to subsection (1), the transfer of a share by a company in itself shall not be subject to any provisions in this Act or the company's constitution relating to the issue of shares, except to the extent the company's constitution expressly applies those provisions.
4: A company must not grant an option to acquire a share it holds in itself or enter into any obligations to transfer such a share if—
a: the company has received notice in writing of a takeover offer made under the Takeovers Code
b: in the case of shares that are quoted on a stock exchange, the stock exchange makes a public release that a takeover offer for more than 20% of the quoted shares is to be made. Section 67C inserted 1 July 1994 Companies Act 1993 Amendment Act (No 2) 1994 Section 67C(2) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 67C(4) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Redemption of shares
68: Meaning of redeemable
For the purposes of this Act, a share is redeemable
a: the constitution of the company makes provision for the company to issue redeemable shares; and
b: the constitution or the terms of issue of the share makes provision for the redemption of that share by the company—
i: at the option of the company; or
ii: at the option of the holder of the share; or
iii: on a date specified in the constitution or the terms of issue of the share— for a consideration that is—
iv: specified; or
v: to be calculated by reference to a formula; or
vi: required to be fixed by a suitably qualified person who is not associated with or interested in the company. Section 68 replaced 3 June 1998 section 2 Companies Amendment Act 1998
69: Redemption at option of company
1: A company must not exercise an option to redeem shares unless—
a: the option is exercised in relation to all shareholders of the same class and in a manner that will leave unaffected relative voting and distribution rights; or
b: the option is exercised in relation to 1 or more shareholders and—
i: all shareholders have consented in writing; or
ii: the option is expressly permitted by the constitution and is exercised in accordance with the procedure set out in section 71
2: A company must not exercise an option to redeem shares unless, before the exercise of the option, the board of the company has resolved—
a: that the redemption of the shares is in the best interests of the company; and
b: the consideration for the redemption of the shares is fair and reasonable to the company.
3: The resolution must set out in full the grounds for the directors’ conclusions.
4: The directors who vote in favour of a resolution required by subsection (2) must sign a certificate as to the matters set out in that subsection and may combine it with the certificate required by section 70 section 71
5: A company must not exercise an option to redeem shares under subsection (1) if, after the passing of a resolution under that subsection and before the exercise of the option to redeem the shares, the board ceases to be satisfied that—
a: the redemption of the shares is in the best interests of the company; or
b: the consideration for the exercise of the option is fair and reasonable to the company.
6: Every director who fails to comply with subsection (4) commits an offence and is liable on conviction to the penalty set out in section 373(1)
70: Company must satisfy solvency test
1: A company must not exercise an option to redeem a share unless the board of the company is satisfied on reasonable grounds that the company will, immediately after the share is redeemed, satisfy the solvency test in accordance with section 52
2: The directors who vote in favour of exercising the option must sign a certificate stating that, in their opinion, the company will, immediately after the share is redeemed, satisfy the solvency test and the grounds for that opinion.
3: If, after a resolution is passed under subsection (1) and before the option is exercised, the board ceases to be satisfied on reasonable grounds that the company will, immediately after the share is redeemed, satisfy the solvency test in accordance with section 52
4: Every director who fails to comply with subsection (2) commits an offence and is liable on conviction to the penalty set out in section 373(1)
5: The provisions of section 56
71: Special redemption of shares
1: A company may exercise an option to redeem shares under section 69(1)(b)(ii)
a: that the redemption of the shares is of benefit to the remaining shareholders; and
b: that the consideration for the redemption of the shares is fair and reasonable to the remaining shareholders.
2: The resolution must set out in full the grounds for the directors' conclusions.
3: The directors who vote in favour of a resolution required by subsection (1) must sign a certificate as to the matters set out in that subsection.
4: A company must not exercise an option to redeem shares under section 69(1)(b)(ii)
a: the redemption of the shares is of benefit to the remaining shareholders; or
b: the consideration for the redemption of the shares is fair and reasonable to the remaining shareholders.
5: Before the option is exercised pursuant to a resolution under subsection (1), the company must send to each shareholder a disclosure document that complies with section 72
6: The option must be exercised not less than 10 and not more than 30 working days after the disclosure document has been sent to each shareholder.
7: A shareholder or the company may apply to the court for an order restraining the proposed exercise of the option on the grounds that—
a: it is not in the best interests of the company or of benefit to remaining shareholders; or
b: the consideration for the redemption is not fair or reasonable to the company or remaining shareholders.
8: Every director who fails to comply with subsection (3) commits an offence and is liable on conviction to the penalty set out in section 373(1)
9: If a company fails to comply with subsection (5),—
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(1)
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(1)
72: Disclosure document
For the purposes of section 71 disclosure document
a: the nature and terms of the redemption of the shares, and if the option to redeem the shares is to be exercised in relation to specified shareholders, the names of those shareholders; and
b: the text of the resolution required by section 71
73: Cancellation of shares redeemed
1: Shares that are redeemed by a company pursuant to section 69
2: On the cancellation of a share under this section,—
a: the rights and privileges attached to that share expire; but
b: the share may be reissued in accordance with this Part.
74: Redemption at option of shareholder
1: Subject to this section, if a share is redeemable at the option of the holder of the share, and the holder gives proper notice to the company requiring the company to redeem the share,—
a: the company must redeem the share on the date specified in the notice, or if no date is specified, on the date of receipt of the notice; and
b: the share is deemed to be cancelled on the date of redemption; and
c: from the date of redemption the former shareholder ranks as an unsecured creditor of the company for the consideration
2: A redemption under this section—
a: is not a distribution for the purposes of sections 52 53
b: is deemed to be a distribution for the purposes of subsections (1) and (5) of section 56 Section 74(1)(c) amended 15 April 2004 section 4 Companies Amendment Act (No 2) 2004
75: Redemption on fixed date
1: Subject to this section, if a share is redeemable on a specified date—
a: the company must redeem the share on that date; and
b: the share is deemed to be cancelled on that date; and
c: from that date the former shareholder ranks as an unsecured creditor of the company for the consideration
2: A redemption under this section—
a: is not a distribution for the purposes of sections 52 53
b: is deemed to be a distribution for the purposes of subsections (1) and (5) of section 56 Section 75(1)(c) amended 30 June 1997 section 5 Companies Act 1993 Amendment Act 1997 Assistance by a company in the purchase of its own shares
76: Financial assistance
1: A company may give financial assistance to a person for the purpose of, or in connection with, the purchase of a share issued or to be issued by the company, or by its holding company, whether directly or indirectly, only if the financial assistance is given in accordance with subsection (2); and—
a: all shareholders have consented in writing to the giving of the assistance; or
b: the procedure set out in section 78
c: the financial assistance is given in accordance with section 80
2: A company may give financial assistance under subsection (1) if the board has previously resolved that—
a: the company should provide the assistance; and
b: giving the assistance is in the best interests of the company; and
c: the terms and conditions under which the assistance is given are fair and reasonable to the company.
3: The resolution must set out in full the grounds for the directors' conclusions.
4: The directors who vote in favour of a resolution under subsection (2) must sign a certificate as to the matters set out in that subsection and may combine that certificate with the certificate required under section 77 section 78
5: A company must not give financial assistance under subsection (1) if, after the passing of a resolution under subsection (2) and before the assistance is given, the board ceases to be satisfied that—
a: the giving of the assistance is in the best interests of the company; or
b: the terms and conditions under which the assistance is proposed are fair and reasonable to the company.
6: For the purposes of this section, financial assistance
7: Every director who fails to comply with subsection (4) commits an offence and is liable on conviction to the penalty set out in section 373(1)
77: Company must satisfy solvency test
1: A company must not give any financial assistance under section 76
2: The directors who vote in favour of the giving of the financial assistance must sign a certificate stating that, in their opinion, the company will, immediately after the financial assistance is given, satisfy the solvency test and the grounds for that opinion.
3: If, after a resolution is passed under subsection (1) and before the financial assistance is given, the board ceases to be satisfied on reasonable grounds that the company will, immediately after the financial assistance is given, satisfy the solvency test, any financial assistance given by the company is deemed not to have been authorised.
4: Every director of a company who fails to comply with subsection (2) commits an offence and is liable on conviction section 373(1)
5: The provisions of section 56
6: In applying the solvency test for the purposes of this section,— assets section 76 or section 107(1)(e) liabilities section 76 or 107(1)(e)
7: Nothing in subsection (6) limits or affects the application of section 4(4) Section 77(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 77(6) replaced 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 77(6) assets amended 15 April 2004 section 5(a) Companies Amendment Act (No 2) 2004 Section 77(6) liabilities amended 15 April 2004 section 5(b) Companies Amendment Act (No 2) 2004 Section 77(7) inserted 1 July 1994 Companies Act 1993 Amendment Act 1994
78: Special financial assistance
1: Financial assistance may be given under section 76(1)(b)
a: that giving the assistance in question is of benefit to those shareholders not receiving the assistance; and
b: that the terms and conditions under which the assistance is given are fair and reasonable to those shareholders not receiving the assistance.
2: The resolution must set out in full the reasons for the directors' conclusions.
3: The directors who vote in favour of a resolution required by subsection (1) must sign a certificate as to the matters set out in that subsection.
4: A company must not give financial assistance under section 76(1)(b)
a: the giving of the financial assistance is of benefit to those shareholders not receiving the assistance; or
b: the terms and conditions under which the assistance is given are fair and reasonable to those shareholders not receiving it.
5: Before the financial assistance is given under section 76(1)(b) section 79
6: The assistance may be given not less than 10 working days and not more than 12 months after the disclosure document has been sent to each shareholder.
7: A shareholder or the company may apply to the court for an order restraining the proposed assistance being given on the ground that—
a: it is not in the best interests of the company and of benefit to those shareholders not receiving the assistance; or
b: the terms and conditions under which the assistance is to be given are not fair and reasonable to the company and to those shareholders not receiving the assistance.
8: Every director who fails to comply with subsection (3) commits an offence and is liable on conviction to the penalty set out in section 373(1)
9: If a company fails to comply with subsection (5),—
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(1)
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(1)
79: Disclosure document
For the purposes of section 78
a: the nature and terms of the financial assistance to be given, and to whom it will be given; and
b: if the financial assistance is to be given to a nominee for another person, the name of that other person; and
c: the text of the resolution required by section 78(1)
80: Financial assistance not exceeding 5% of shareholders' funds
1: Financial assistance may be given under section 76(1)(c)
a: the amount of the financial assistance, together with any other financial assistance given by the company pursuant to this paragraph, repayment of which remains outstanding, would not exceed 5% of the aggregate of amounts received by the company in respect of the issue of shares and reserves as disclosed in the relevant statements or records
b: within 10 working days of providing the financial assistance, the company sends a notice containing the particulars set out in subsection (1B) to—
i: the licensed market operator of each licensed market on which the shares of the company are quoted; or
ii: each shareholder of the company, if the shares of the company are not quoted on any licensed market.
1A: In subsection (1), relevant statements or records
a: financial statements of the company prepared for the most recently completed accounting period in accordance with generally accepted accounting practice; or
b: if those financial statements have not been prepared, the accounting records of the company.
1B: The particulars referred to in subsection (1)(b) are as follows:
a: the class and number of shares in respect of which the financial assistance has been provided:
b: the consideration paid or payable for the shares in respect of which the financial assistance has been provided:
c: the identity of the person receiving the financial assistance and, if that person is not the beneficial owner of the shares in respect of which the financial assistance has been provided, the identity of that beneficial owner:
d: the nature and, if quantifiable, the amount of the financial assistance.
1C: The licensed market operator must ensure that the notice under subsection (1)(b)(i) is notified in accordance with its arrangements for notifying disclosures made to it ( see section 314
2: If a company fails to comply with subsection (1)(b),—
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(1)
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(1) Section 80(1)(a) amended 1 April 2014 section 26(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 80(1)(b) replaced 30 May 2017 section 17(1) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 80(1A) inserted 1 April 2014 section 26(2) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 80(1B) inserted 30 May 2017 section 17(2) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 80(1C) inserted 30 May 2017 section 17(2) Regulatory Systems (Commercial Matters) Amendment Act 2017
81: Enforceability of transactions
1: Failure to comply with section 76 section 78 section 79 section 80
2: This section does not affect a liability of a director or any other person for breach of a duty, or as a constructive trustee, or otherwise. Cross-holdings
82: Subsidiary may not hold shares in holding company
1: Subject to this section, a subsidiary must not hold shares in its holding company.
2: An issue of shares by a holding company to its subsidiary is void and of no effect.
3: A transfer of shares in a holding company to its subsidiary is void and of no effect.
4: Where a company that holds shares in another company becomes a subsidiary of that other company—
a: the company may, notwithstanding subsection (1), continue to hold those shares; but
b: the exercise of any voting rights attaching to those shares shall be of no effect.
5: Where a company on reregistration under this Act in accordance with the Companies Reregistration Act 1993
a: the company may, notwithstanding subsection (1), continue to hold those shares; but
b: the exercise of any voting rights attaching to those shares shall be of no effect.
6: Nothing in this section prevents a subsidiary holding shares in its holding company in its capacity as a personal representative or a trustee unless the holding company or another subsidiary has a beneficial interest under the trust other than an interest that arises by way of security for the purposes of a transaction made in the ordinary course of the business of lending money.
7: This section applies to a nominee for a subsidiary in the same way as it applies to the subsidiary. Statement of shareholder rights
83: Statement of rights to be given to shareholders
1: Every company must issue to a shareholder, on request, a statement that sets out—
a: the class of shares held by the shareholder, the total number of shares of that class issued by the company, and the number of shares of that class held by the shareholder; and
b: the rights, privileges, conditions, and limitations, including restrictions on transfer, attaching to the shares held by the shareholder; and
c: the relationship of the shares held by the shareholder to other classes of shares.
2: The company is not obliged to provide a shareholder with a statement if—
a: a statement has been provided within the previous 6 months; and
b: the shareholder has not acquired or disposed of shares since the previous statement was provided; and
c: the rights attached to shares of the company have not been altered since the previous statement was provided; and
d: there are special circumstances that make it reasonable for the company to refuse the request.
3: The statement is not evidence of title to the shares or of any of the matters set out in it.
4: The statement must state in a prominent place that it is not evidence of title to the shares or of the matters set out in it.
5: If a company fails to comply with subsection (1),—
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(1)
b: every director of the company commits an offence and is liable on conviction to the penalties set out in section 374(1) Section 83(2)(d) replaced 30 June 1997 section 6 Companies Act 1993 Amendment Act 1997 Transfer of shares
84: Transfer of shares
1: Subject to the constitution of the company, shares in a company may be transferred by entry of the name of the transferee on the share register.
2: For the purpose of transferring shares, a form of transfer signed by the present holder of the shares or by his or her personal representative must be delivered to—
a: the company; or
b: an agent of the company who maintains the share register under section 87(3)
3: The form of transfer must be signed by the transferee if registration as holder of the shares imposes a liability to the company on the transferee.
4: On receipt of a form of transfer in accordance with subsection (2) and, if applicable, subsection (3), the company must forthwith enter or cause to be entered the name of the transferee on the share register as holder of the shares, unless—
a: the board resolves within 30 working days of receipt of the transfer to refuse or delay the registration of the transfer, and the resolution sets out in full the reasons for doing so; and
b: notice of the resolution, including those reasons, is sent to the transferor and to the transferee within 5 working days of the resolution being passed by the board; and
c: the Act or the constitution expressly permits the board to refuse or delay registration for the reasons stated.
5: Subject to the constitution of a company, the board may refuse or delay the registration of a transfer of shares if the holder of the shares has failed to pay to the company an amount due in respect of those shares, whether by way of consideration for the issue of the shares or in respect of sums payable by the holder of the shares in accordance with the constitution.
6: If a company fails to comply with subsection (4),—
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(1)
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(1)
85: Transfer of shares under approved system
1: Where shares in a company are transferred under a system of transfer approved under section 376
a: the board resolves, within 30 working days of such date as may be specified for the purpose in the Order in Council approving the system, to refuse or delay registration of the transfer, and the resolution sets out in full the reasons for doing so; and
b: notice of the resolution, including those reasons, is sent to the transferor and to the transferee within 5 working days of the resolution being passed by the board; and
c: either—
i: the Act or the constitution expressly permits the board to refuse or delay registration for the reasons stated; or
ii: any identification number assigned to the shares or issued to the holder of the shares under a system of transfer approved under section 376
1A: If shares in a company are transferred in accordance with the rules of a designated settlement system, the company may refuse to complete or delay the registration of the transfer of the shares if—
a: the board of the company resolves, within 30 working days of the date on which the settlement was effected, to refuse or delay registration of the transfer, and the resolution sets out in full the reasons for doing so; and
b: notice of the resolution, including those reasons, is sent to the transferor and to the transferee within 5 working days of the resolution being passed by the board; and
c: this Act or the constitution of the company expressly permits the board to refuse or delay registration for the reasons stated.
2: Subject to subsections (1) and (1A) effected in accordance with the rules of a designated settlement system, or section 376
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(1)
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(1) Section 85(1) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 85(1)(c) replaced 3 May 2001 section 5 Companies Act 1993 Amendment Act 2001 Section 85(1)(c)(ii) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 85(1A) inserted 24 November 2009 section 17(1) Reserve Bank of New Zealand Amendment Act 2009 Section 85(2) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 85(2) amended 24 November 2009 section 17(2)(a) Reserve Bank of New Zealand Amendment Act 2009 Section 85(2) amended 24 November 2009 section 17(2)(b) Reserve Bank of New Zealand Amendment Act 2009
86: Transfer of shares by operation of law
Shares in a company may pass by operation of law notwithstanding the constitution of the company. Share register
87: Company to maintain share register
1: A company must maintain a share register that records the shares issued by the company and states—
a: whether, under the constitution of the company or the terms of issue of the shares, there are any restrictions or limitations on their transfer; and
b: where any document that contains the restrictions or limitations may be inspected.
2: The share register must state, with respect to each class of shares,—
a: the names, alphabetically arranged, and the latest known address of each person who is, or has within the last 10 years been, a shareholder; and
b: the number of shares of that class held by each shareholder within the last 10 years; and
c: the date of any—
i: issue of shares to; or
ii: repurchase or redemption of shares from; or
iii: transfer of shares by or to— each shareholder within the last 10 years, and in relation to the transfer, the name of the person to or from whom the shares were transferred.
3: An agent may maintain the share register of the company.
4: If a company fails to comply with subsection (1) or subsection (2),—
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(2)
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2)
88: Place of share register
1: The share register may, if expressly permitted by the constitution, be divided into 2 or more registers kept in different places.
2: The principal register must be kept in New Zealand.
3: If a share register is divided into 2 or more registers kept in different places,—
a: notice of the place where each register is kept must be delivered to the Registrar for registration within 10 working days after the share register is divided or any place where a register is kept is altered; and
b: a copy of every register must be kept at the same place as the principal register; and
c: if an entry is made in a register other than the principal register, a corresponding entry must be made within 10 working days in the copy of that register kept with the principal register.
4: In this section, principal register
a: if the share register is not divided into 2 or more registers, the share register:
b: if the share register is divided into 2 or more registers, the register described as the principal register in the last notice sent to the Registrar.
5: If a company fails to comply with subsection (2) or subsection (3),—
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(2)
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2)
89: Share register as evidence of legal title
1: Subject to section 91
2: A company may treat the registered holder of a share as the only person entitled to—
a: exercise the right to vote attaching to the share; and
b: receive notices; and
c: receive a distribution in respect of the share; and
d: exercise the other rights and powers attaching to the share.
90: Directors' duty to supervise share register
1: It is the duty of each director to take reasonable steps to ensure that the share register is properly kept and that share transfers are promptly entered on it in accordance with section 84
2: A director who fails to comply with subsection (1) commits an offence and is liable on conviction to the penalty set out in section 373(2)
91: Power of court to rectify share register
1: If the name of a person is wrongly entered in, or omitted from, the share register of a company, the person aggrieved, or a shareholder, may apply to the court—
a: for rectification of the share register; or
b: for compensation for loss sustained; or
c: for both rectification and compensation.
2: On an application under this section the court may order—
a: rectification of the register; or
b: payment of compensation by the company or a director of the company for any loss sustained; or
c: rectification and payment of compensation.
3: On an application under this section, the court may decide—
a: a question relating to the entitlement of a person who is a party to the application to have his or her name entered in, or omitted from, the register; and
b: a question necessary or expedient to be decided for rectification of the register.
92: Trusts not to be entered on register
No notice of a trust, whether express, implied, or constructive, may be entered on the share register.
93: Personal representative may be registered
1: Notwithstanding section 92
2: Notwithstanding section 92
3: The registration of a trustee, executor, or administrator pursuant to this section does not constitute notice of a trust.
94: Assignee of bankrupt may be registered
1: Notwithstanding section 92
2: Notwithstanding section 92 Ultimate holding company Heading inserted 1 May 2015 section 11 Companies Amendment Act 2014
94A: Meaning of ultimate holding company information
For the purposes of this Act, ultimate holding company information
a: the name of the ultimate holding company:
b: the ultimate holding company's country of registration:
c: the ultimate holding company's registration number or code (if any):
d: the registered office of the ultimate holding company:
e: any other prescribed information. Section 94A inserted 1 May 2015 section 11 Companies Amendment Act 2014
94B: Notice of ultimate holding company changes
1: The board of a company must ensure that notice (in the form and manner required by the Registrar) of any changes in the company's ultimate holding company information is delivered to the Registrar for registration.
2: A notice under subsection (1) must—
a: specify the date of the change; and
b: include the new ultimate holding company information; and
c: be delivered to the Registrar within 20 working days of the date of the change.
3: If a board of a company fails to comply with this section, every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2) Section 94B inserted 1 May 2015 section 11 Companies Amendment Act 2014 Share certificates
95: Share certificates
1: Subject to subsection (2), a company whose shares are subject to a listing agreement with a stock exchange must, within 20 working days after the issue, or registration of a transfer, of shares in the company, as the case may be, send a share certificate to every holder of those shares stating—
a: the name of the company; and
b: the class of shares held by that person; and
c: the number of shares held by that person.
2: Nothing in subsections (1) or (5) applies in relation to a company the shares in which can be transferred in accordance with the rules of a designated settlement system, or under a system approved under section 376
3: A shareholder in a company, not being a company to which subsection (1) or subsection (2) applies, may apply to the company for a certificate relating to some or all of the shareholder's shares in the company.
4: On receipt of an application for a share certificate under subsection (3), the company must, within 20 working days after receiving the application,—
a: if the application relates to some but not all of the shares, separate the shares shown in the register as owned by the applicant into separate parcels; one parcel being the shares to which the share certificate relates, and the other parcel being any remaining shares; and
b: in all cases send to the shareholder a certificate stating—
i: the name of the company; and
ii: the class of shares held by the shareholder; and
iii: the number of shares held by the shareholder to which the certificate relates.
5: Notwithstanding section 84
6: Subject to subsection (1), where shares to which a share certificate relates are to be transferred, and the share certificate is sent to the company to enable the registration of the transfer, the share certificate must be cancelled and no further share certificate issued except at the request of the transferee.
6A: Nothing in this section (except subsection (2)) limits or affects section 100
7: If a company fails to comply with subsection (1) or subsection (4),—
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(1)
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(1) Section 95(2) replaced 24 November 2009 section 18 Reserve Bank of New Zealand Amendment Act 2009 Section 95(2) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 95(6A) inserted 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 95(6A) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Debentures Heading inserted 1 January 2008 section 364(1) Property Law Act 2007
95A: Perpetual debentures
1: A term that is expressed in a debenture or in a deed securing a debenture, issued or executed by a company, is not invalid by reason only that it provides that the debenture is—
a: irredeemable; or
b: redeemable only on the happening of a contingency, however remote, or on the expiration of a period, however long.
2: This section applies despite anything to the contrary in section 97 1952 No 51 s 151B Section 95A inserted 1 January 2008 section 364(1) Property Law Act 2007
95B: Power to reissue redeemed debentures in certain cases
1: A company that has redeemed debentures previously issued by it may—
a: reissue the debentures; or
b: issue other debentures in their place.
2: Subsection (1) applies—
a: whether the debentures were redeemed before, on, or after 1 January 2008:
b: unless—
i: the company's constitution or a contract entered into by the company contains a provision (whether express or implied) to the contrary; or
ii: the company has, by passing a resolution or by some other act, indicated its intention that the debentures are cancelled.
3: On a reissue of redeemed debentures or of other debentures in their place, the debentures are to be treated as having, and as always having had, the same priority as the redeemed debentures.
4: Debentures of a company deposited to secure advances from time to time (whether on current account or otherwise) are not to be treated as redeemed because the company's account ceases to be in debit while the debentures are deposited.
5: Subsection (4) applies whether the debentures were deposited before, on, or after 1 January 2008.
6: The reissue of a debenture or the issue of another debenture in its place under this section (whether before, on, or after 1 January 2008)—
a: is to be treated as the issue of a new debenture for the purposes of stamp duty payable (if any); but
b: is not to be treated as the issue of a new debenture for the purposes of any provision limiting the amount or number of debentures to be issued. 1952 No 51 s 151C Section 95B inserted 1 January 2008 section 364(1) Property Law Act 2007
95C: Specific performance of contracts to subscribe for debentures
1: A court may order the specific performance of a contract with a company to take up and pay for any debentures of the company.
2: The court must not refuse to order the specific performance of a contract of that kind on the ground that the contract is one to lend money. 1952 No 51 s 151D Section 95C inserted 1 January 2008 section 364(1) Property Law Act 2007
7: Shareholders and their rights and obligations
96: Meaning of shareholder
In this Act, the term shareholder
a: a person whose name is entered in the share register as the holder for the time being of 1 or more shares in the company:
b: until the person's name is entered in the share register, a person named as a shareholder in an application for the registration of a company at the time of registration of the company:
c: until the person's name is entered in the share register, a person who is entitled to have that person's name entered in the share register under a registered amalgamation proposal as a shareholder in an amalgamated company. Liability of shareholders
97: Liability of shareholders
1: Except where the constitution of a company provides that the liability of the shareholders of the company is unlimited, a shareholder is not liable for an obligation of the company by reason only of being a shareholder.
2: Except where the constitution of a company provides that the liability of the shareholders of the company is unlimited, the liability of a shareholder to the company is limited to—
a: any amount unpaid on a share held by the shareholder:
b: any liability expressly provided for in the constitution of the company:
c: any liability under sections 131 to 137 section 126(2)
d: any liability to repay a distribution received by the shareholder to the extent that the distribution is recoverable under section 56
e: any liability under section 100
3: Nothing in this section affects the liability of a shareholder to a company under a contract, including a contract for the issue of shares, or for any tort, or breach of a fiduciary duty, or other actionable wrong committed by the shareholder.
98: Liability of former shareholders
1: A former shareholder who ceased to be a shareholder during the specified period is liable to the company in respect of any amount unpaid on the shares held by that former shareholder or any liability provided for in the constitution of the company for which that former shareholder was liable to the company if the court is satisfied that the shareholders of the company are unable to discharge any liability—
a: for any amount unpaid on shares held by them; or
b: expressly provided for in the constitution of the company.
2: A former shareholder is not liable under subsection (1) for any debt or liability of the company contracted after ceasing to be a shareholder.
3: Subsections (1) and (2) apply, with such modifications as may be necessary, in relation to an existing company that has become reregistered under this Act in accordance with the Companies Reregistration Act 1993
4: Where a person ceased to be a shareholder of a company before the liability of the shareholders of the company ceased to be limited and became unlimited and that person has not since become a shareholder of the company, that person is liable to the company only to the same extent as if the liability of the shareholders had remained limited.
5: Subsection (4) applies, with such modifications as may be necessary, in relation to an existing company that has become reregistered under this Act in accordance with the Companies Reregistration Act 1993
6: For the purposes of subsection (1), specified period
a: a period of 1 year before the date of commencement of the liquidation of the company together with the period commencing on that date and ending at the time at which the liquidator is appointed; and
b: in the case of a company that has been put into liquidation by the court, the period of 1 year before the making of the application to the court together with the period commencing on the date of the making of that application and ending on the date on which , and at the time at which, ; and
c: if—
i: an application was made to the court to put a company into liquidation; and
ii: after the making of the application to the court a liquidator was appointed under paragraph (a) or paragraph (b) of section 241(2) the period of 1 year before the making of the application to the court together with the period commencing on the date of the making of that application and ending on the date and at the time Section 98(6)(a) replaced 26 April 1999 section 2(1) Companies Amendment Act 1999 Section 98(6)(b) 26 April 1999 section 2(2)(a) Companies Amendment Act 1999 Section 98(6)(b) amended 3 June 1998 section 3 Companies Amendment Act 1998 Section 98(6)(c) inserted 3 June 1998 section 3 Companies Amendment Act 1998 Section 98(6)(c) amended 26 April 1999 section 2(2)(b) Companies Amendment Act 1999
99: Additional provisions relating to liability of shareholders and former shareholders
1: If—
a: a shareholder or former shareholder of a company was, at any time, liable to the company in respect of a share held by that person; and
b: that liability was cancelled or reduced by—
i: an alteration of the constitution, repurchase or redemption of the share, or amalgamation; or
ii: reregistration under this Act in accordance with the Companies Reregistration Act 1993
iii: a change of registration under section 30 of the Companies Act 1955
c: the company is, at the commencement of its liquidation, subject to liabilities incurred prior to the alteration of the constitution, repurchase or redemption of the share, amalgamation, reregistration, or change of registration, as the case may be; and
d: the assets of the company are not sufficient to discharge those liabilities in full,— that person is liable to the company for the amount specified in subsection (2).
2: A person is liable under subsection (1) for the lesser of—
a: the amount by which the liability in respect of that share was reduced:
b: the amount required to be contributed in respect of each such share in order to discharge those liabilities.
3: The liability of a person under subsection (1) is reduced by an amount received by that person as a distribution under section 57
4: The amount received by a person as a distribution under section 57
5: For the purposes of this section,—
a: the term company
b: a member of a company limited by guarantee registered under the Companies Act 1955 Companies Reregistration Act 1993
c: a member of an unlimited company registered under the Companies Act 1955 Companies Reregistration Act 1993
100: Liability for calls
1: Where a share renders its holder liable to calls, or otherwise imposes a liability on its holder, that liability attaches to the holder of the share for the time being, and not to a prior holder of the share, whether or not the liability became enforceable before the share was registered in the name of the current holder.
2: Where—
a: all or part of the consideration payable in respect of the issue of a share remains unsatisfied; and
b: the person to whom the share was issued no longer holds that share,— liability in respect of that unsatisfied consideration does not attach to subsequent holders of the share, but remains the liability of the person to whom the share was issued, or of any other person who assumed that liability at the time of issue.
101: Shareholders not required to acquire shares by alteration to constitution
Notwithstanding anything in the constitution of the company, a shareholder is not bound by an alteration of the constitution of a company that—
a: requires the shareholder to acquire or hold more shares in the company than the number held on the date the alteration is made; or
b: increases the liability of the shareholder to the company— unless the shareholder agrees in writing to be bound by the alteration either before, on, or after it is made.
102: Liability of personal representative
1: The liability of the personal representative of the estate of a deceased person, who is registered as the holder of a share comprised in the estate, does not, in respect of that share, exceed the proportional amount available from the assets of the estate, after satisfaction of prior claims, for distribution among creditors of the estate, being assets which, at the time when any demand is made for the satisfaction of the liability, are held by that personal representative on the same trusts as apply to that share.
2: For the purposes of this section, trust
103: Liability of an assignee
1: The liability of the assignee of the property of a bankrupt, who is registered as the holder of a share which is comprised in the property of the bankrupt, does not, in respect of that share, exceed the proportional amount available from the property of the estate of the bankrupt, after satisfaction of prior claims, for distribution among creditors of the estate, being property of the bankrupt which, at the time when demand is made for the satisfaction of the liability, is vested in the assignee.
2: In this section, assignee Insolvency Act 2006 Section 103(2) amended 3 December 2007 section 445 Insolvency Act 2006 Powers of shareholders
104: Exercise of powers reserved to shareholders
1: Powers reserved to the shareholders of a company by this Act may be exercised only—
a: at a meeting of shareholders pursuant to section 120 section 121
b: by a resolution in lieu of a meeting pursuant to section 122
2: Powers reserved to the shareholders of a company by the constitution of the company may, subject to the constitution, be exercised—
a: at a meeting of shareholders pursuant to section 120 section 121
b: by a resolution in lieu of a meeting pursuant to section 122
105: Exercise of powers by ordinary resolution
1: Unless otherwise specified in this Act or the constitution of a company, a power reserved to shareholders may be exercised by an ordinary resolution.
2: An ordinary resolution is a resolution that is approved by a simple majority of the votes of those shareholders entitled to vote and voting on the question.
106: Powers exercised by special resolution
1: Notwithstanding the constitution of a company, when shareholders exercise a power to—
a: adopt a constitution or, if it has one, alter or revoke the company's constitution:
b: approve a major transaction:
c: approve an amalgamation of the company under section 221
d: put the company into liquidation,— the power must be exercised by special resolution.
2: A special resolution pursuant to paragraph (a) or paragraph (b) or paragraph (c) of subsection (1) can be rescinded only by a special resolution.
3: A special resolution pursuant to paragraph (d) of subsection (1) cannot be rescinded in any circumstances.
107: Unanimous assent to certain types of action
1: Notwithstanding section 52 section 108
a: a dividend may be authorised otherwise than in accordance with section 53
b: a discount scheme may be approved otherwise than in accordance with section 55
c: shares in a company may be acquired otherwise than in accordance with sections 59
d: shares in a company may be redeemed otherwise than in accordance with sections 69 to 72
e: financial assistance may be given for the purpose of, or in connection with, the purchase of shares otherwise than in accordance with sections 76 to 80
f: any of the matters referred to in section 161(1)
2: If all entitled persons have agreed or concur, shares may be issued otherwise than in accordance with section 42 section 44 section 45
3: If all entitled persons have agreed to or concur in a company entering into a transaction in which a director is interested, nothing in sections 140 141
4: For the purposes of this section, no agreement or concurrence of the entitled persons is valid or enforceable unless the agreement or concurrence is in writing.
5: An agreement or concurrence may be—
a: a separate agreement to, or concurrence in, the particular exercise of the power referred to; or
b: an agreement to, or concurrence in, the exercise of the power generally or from time to time.
6: An entitled person may at any time, by notice in writing to the company, withdraw from any agreement or concurrence referred to in subsection (5)(b) and any such notice shall have effect accordingly.
7: Where a power is exercised pursuant to an agreement or concurrence referred to in subsection (5)(b), the board of the company must, within 10 working days of the exercise of the power, send to every entitled person a notice in writing containing details of the exercise of the power.
8: If the board of a company fails to comply with subsection (7), every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(1) Section 107(1)(c) amended 3 May 2001 section 7 Companies Act 1993 Amendment Act 2001
108: Company to satisfy solvency test
1: A power referred to in subsection (1) of section 107 must not be exercised unless the board of the company is satisfied on reasonable grounds that the company will, immediately after the exercise of the power, satisfy the solvency test.
2: The directors who vote in favour of the exercise of the power must sign a certificate stating that, in their opinion, the company will, after the exercise of the power, satisfy the solvency test.
3: If, after a resolution is passed under subsection (1) and before the power is exercised, the board ceases to be satisfied on reasonable grounds that the company will, immediately after the power is exercised, satisfy the solvency test, any exercise of the power is deemed not to have been authorised.
4: The provisions of section 56 subsection (1) of section 107
5: In applying the solvency test for the purposes of section 107(1)(e)
a: assets under section 76 section 107(1)(e)
b: liabilities financial assistance under section 76 section 107(1)(e)
5A: Nothing in subsection (5) limits or affects the application of section 4(4)
6: Every director who fails to comply with subsection (2) commits an offence and is liable on conviction to the penalty set out in section 373(1) Section 108(5)(a) amended 15 April 2004 section 6(1) Companies Amendment Act (No 2) 2004 Section 108(5)(b) amended 15 April 2004 section 6(2) Companies Amendment Act (No 2) 2004 Section 108(5A) inserted 30 June 1997 section 7 Companies Act 1993 Amendment Act 1997
109: Management review by shareholders
1: Notwithstanding anything in this Act or the constitution of the company, the chairperson of a meeting of shareholders of a company must allow a reasonable opportunity for shareholders at the meeting to question, discuss, or comment on the management of the company.
2: Notwithstanding anything in this Act or the constitution of the company, but subject to subsections (2A) and (3)
2A: The provisions of Schedule 1
3: Unless the constitution provides that the resolution is binding, a resolution passed pursuant to subsection (2) is not binding on the board. Section 109(2) amended 15 April 2004 section 7(1) Companies Amendment Act (No 2) 2004 Section 109(2A) inserted 15 April 2004 section 7(2) Companies Amendment Act (No 2) 2004 Minority buy-out rights
110: Shareholder may require company to purchase shares
Where—
a: a shareholder is entitled to vote on the exercise of 1 or more of the powers set out in—
i: section 106(1)(a)
ii: section 106(1)(b) or (c)
b: the shareholders resolved, pursuant to section 106
c: the shareholder cast all the votes attached to shares registered in the shareholder's name and having the same beneficial owner against the exercise of the power; or
d: where the resolution to exercise the power was passed under section 122 that shareholder is entitled to require the company to purchase those shares in accordance with section 111
111: Notice requiring purchase
1: A shareholder of a company who is entitled to require the company to purchase shares by virtue of section 110 section 118
a: within 10 working days of the passing of the resolution at a meeting of shareholders; or
b: where the resolution was passed under section 122 give a written notice to the company requiring the company to purchase those shares.
2: Within 20 working days of receiving a notice under subsection (1), the board must—
a: agree to the purchase of the shares by the company; or
b: arrange for some other person to agree to purchase the shares; or
c: apply to the court for an order under section 114 section 115
d: arrange, before taking the action concerned, for the resolution to be rescinded in accordance with section 106
e: give written notice to the shareholder of the board's decision under this subsection.
112: Price for shares to be purchased by company determined
1: Within 5 working days of giving notice under section 111(2)(e)
a: the price it offers to pay for those shares; and
b: how—
i: the matters in subsection (2) were calculated; or
ii: the price was calculated under subsection (3) and why calculating the price using the methodology set out in paragraphs (a) to (c) of subsection (2) would be clearly unfair.
2: That price must be a fair and reasonable price (as at the close of business on the day before the date on which the resolution was passed) for the shares held by the shareholder, calculated as follows:
a: first, the fair and reasonable value of the total shares in each class to which the shares belong must be calculated (the class value
b: secondly, each class value must be adjusted to exclude any fluctuation (whether positive or negative) in the class value that has occurred (whether before or after the resolution was passed) that was due to, or in expectation of, the event proposed or authorised by the resolution:
c: thirdly, a portion of each adjusted class value must be allocated to the shareholder in proportion to the number of shares he, she, or it holds in the relevant class.
3: However, a different methodology from that set out in paragraphs (a) to (c) of subsection (2) may be used to calculate the fair and reasonable price for the shares if using the methodology set out in those paragraphs would be clearly unfair to the shareholder or the company.
4: The shareholder may object to the price offered by the board for the shares by giving written notice to the company no later than 10 working days after the date on which the board gave written notice to the shareholder under subsection (1).
5: If the company does not receive an objection to the price in accordance with subsection (4), the company must purchase all the shares at the nominated price no later than 10 working days after—
a: the date on which the board’s offer under subsection (1) is accepted; or
b: if the board has not received an acceptance, the date that is 10 working days after the date on which the board gave written notice to the shareholder under subsection (1).
6: The time periods in subsection (5) do not apply if there is a written agreement between the board and the shareholder that specifically sets a different date for purchase of the shares.
7: In this section, resolution section 110 118 section 111 Section 112 replaced 17 September 2008 section 7 Companies (Minority Buy-out Rights) Amendment Act 2008
112A: Price for shares referred to arbitration if shareholder objects to price
1: If a company receives an objection to the price offered for shares in accordance with section 112(4)
a: the following issues must be submitted to arbitration:
i: the fair and reasonable price for the shares, on the basis set out in section 112(2) and (3)
ii: the remedies available to the holder of the shares or the company in respect of any price for the shares that differs from that determined by the board under section 112
b: the company must, within 5 working days of receiving the objection, pay to the shareholder a provisional price in respect of each share equal to the price offered by the board under section 112(1)
2: If the price determined for the shares—
a: exceeds the provisional price paid, the arbitral tribunal must order the company to pay the balance owing to the shareholder:
b: is less than the provisional price paid, the arbitral tribunal must order the shareholder to pay the excess to the company.
3: Except in exceptional circumstances, an arbitral tribunal must award interest on any balance owing or excess to be paid under subsection (2).
4: If a balance is owing to the shareholder, an arbitral tribunal may award to the shareholder, in addition to or instead of an award of interest, damages for loss attributable to the shortfall in the initial payment.
5: Any sum that must be paid in accordance with this section must be paid no later than 10 days after the date of the arbitral tribunal’s determination, unless the arbitral tribunal specifically orders otherwise.
6: A submission to arbitration under this section is an arbitration agreement for the purposes of the Arbitration Act 1996
7: Clause 6 costs and expenses of an arbitration
a: the reasonable legal costs of the shareholder on a solicitor-and-client basis; and
b: the reasonable costs of expert witnesses. Section 112A inserted 17 September 2008 section 7 Companies (Minority Buy-out Rights) Amendment Act 2008
112B: Interest payable on outstanding payments
1: If a sum that must be paid under section 112 112A initial amount
a: in the case of a share price determined under section 112 Schedule 2
b: in the case of a share price determined under section 112A
2: The sum on which interest is payable under subsection (1)(b) section 112A Section 112B inserted 17 September 2008 section 7 Companies (Minority Buy-out Rights) Amendment Act 2008 Section 112B(1) replaced 1 January 2018 section 29 Interest on Money Claims Act 2016 Section 112B(2) amended 31 August 2012 section 5(2) Companies Amendment Act (No 2) 2012
112C: Timing of transfer of shares
1: On the day on which a board gives notice under section 111(2)(e)
a: the legal title to those shares passes to the company; and
b: the rights of the shareholder in relation to those shares end.
2: However, for the purposes of sections 112 112A shareholder holder of the shares section 111(2)(e)
3: Subsection (2) applies despite subsection (1). Section 112C inserted 17 September 2008 section 7 Companies (Minority Buy-out Rights) Amendment Act 2008
113: Purchase of shares by third party
1: Sections 112 to 112C section 111(2)(b)
2: Every holder of shares that are to be purchased in accordance with the arrangement is indemnified by the company in respect of loss suffered by reason of the failure by the person who has agreed to purchase the shares to purchase them at the price nominated or fixed by arbitration, as the case may be. Section 113(1) amended 17 September 2008 section 8 Companies (Minority Buy-out Rights) Amendment Act 2008
114: Court may grant exemption
1: A company to which a notice has been given under section 111
a: the purchase would be disproportionately damaging to the company; or
b: the company cannot reasonably be required to finance the purchase; or
c: it would not be just and equitable to require the company to purchase the shares.
2: On an application under this section, the court may make an order exempting the company from the obligation to purchase the shares, and may make any other order it thinks fit, including an order—
a: setting aside a resolution of the shareholders:
b: directing the company to take, or refrain from taking, any action specified in the order:
c: requiring the company to pay compensation to the shareholders affected:
d: that the company be put into liquidation.
3: The court shall not make an order under subsection (2) on either of the grounds set out in paragraph (a) or paragraph (b) of subsection (1) unless it is satisfied that the company has made reasonable efforts to arrange for another person to purchase the shares in accordance with section 111(2)(b)
115: Court may grant exemption if company insolvent
1: If—
a: a notice is given to a company under section 111
b: the board has resolved that the purchase by the company of the shares to which the notice relates would result in it failing to satisfy the solvency test; and
c: the company has, having made reasonable efforts to do so, been unable to arrange for the shares to be purchased by another person in accordance with section 111(2)(b) the company must apply to the court for an order exempting it from the obligation to purchase the shares.
2: The court may, on an application under subsection (1), if it is satisfied that—
a: the purchase of the shares would result in the company failing to satisfy the solvency test; and
b: the company has made reasonable efforts to arrange for the shares to be purchased by another person in accordance with section 111(2)(b) make—
c: an order exempting the company from the obligation to purchase the shares:
d: an order suspending the obligation to purchase the shares:
e: such other order as it thinks fit, including any order referred to in section 114(2) Interest groups
116: Meaning of classes and interest groups
1: In this Act, unless the context otherwise requires,— class interest group
a: whose affected rights are identical; and
b: whose rights are affected by the action or proposal in the same way; and
c: subject to subsection (2)(b), who comprise the holders of 1 or more classes of shares in the company.
2: For the purposes of this Act and the definition of the term interest group,—
a: 1 or more interest groups may exist in relation to any action or proposal; and
b: if—
i: action is taken in relation to some holders of shares in a class and not others; or
ii: a proposal expressly distinguishes between some holders of shares in a class and other holders of shares of that class,— holders of shares in the same class may fall into 2 or more interest groups.
117: Alteration of shareholder rights
1: A company must not take action that affects the rights attached to shares unless that action has been approved by a special resolution of each interest group.
2: For the purposes of subsection (1), the rights attached to a share include—
a: the rights, privileges, limitations, and conditions attached to the share by this Act or the constitution, including voting rights and rights to distributions:
b: pre-emptive rights arising under section 45
c: the right to have the procedure set out in this section, and any further procedure required by the constitution for the amendment or alteration of rights, observed by the company:
d: the right that a procedure required by the constitution for the amendment or alteration of rights not be amended or altered.
3: For the purposes of subsection (1), the issue of further shares ranking equally with, or in priority to, existing shares, whether as to voting rights or distributions, is deemed to be action affecting the rights attached to the existing shares, unless—
a: the constitution of the company expressly permits the issue of further shares ranking equally with, or in priority to, those shares; or
b: the issue is made in accordance with the pre-emptive rights of shareholders under section 45 or under the constitution of the company Section 117(3)(b) amended 1 July 1994 Companies Act 1993 Amendment Act 1994
118: Shareholder may require company to purchase shares
Where—
a: an interest group has, under section 117
b: the company becomes entitled to take the action; and
c: a shareholder who was a member of the interest group cast all the votes attached to the shares registered in that shareholder's name and having the same beneficial owner against approving the action; or
d: where the resolution approving the taking of the action was passed under section 122 that shareholder is entitled to require the company to purchase those shares in accordance with section 111
119: Actions not invalid
The taking of action by a company affecting the rights attached to shares is not invalid by reason only that the action was not approved in accordance with section 117 Meetings of shareholders
120: Annual meeting of shareholders
1: The board of a company must call an annual meeting of shareholders to be held—
a: not later than 6 months after the balance date of the company; and
b: not later than 15 months after the previous annual meeting.
2: However, a company does not have to hold its first annual meeting in the calendar year of its registration but must hold that meeting within 18 months after its registration.
3:
4: The company must hold the meeting on the date on which it is called to be held.
5: However, it is not necessary for the board of a company to call, or for a company to hold, an annual meeting of shareholders under this section if—
a: there is nothing required to be done at that meeting; and
b: the board has resolved that it is in the interests of the company to rely on this subsection (having regard to whether there is any particular issue that the shareholders should be given an opportunity to discuss, comment on, or ask questions about); and
c: the constitution of the company does not require the meeting to be called or held.
6: Subsections (1) to (4) are subject to subsection (5). Section 120 replaced 2 September 1996 Companies Act 1993 Amendment Act 1996 Section 120(1) replaced 1 April 2014 section 27 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 120(2) replaced 1 April 2014 section 27 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 120(3) repealed 1 April 2014 section 27 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 120(5) inserted 30 May 2017 section 18 Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 120(6) inserted 30 May 2017 section 18 Regulatory Systems (Commercial Matters) Amendment Act 2017
121: Special meetings of shareholders
A special meeting of shareholders entitled to vote on an issue—
a: may be called at any time by—
i: the board; or
ii: a person who is authorised by the constitution to call the meeting:
b: must be called by the board on the written request of shareholders holding shares carrying together not less than 5% of the voting rights entitled to be exercised on the issue.
122: Resolution in lieu of meeting
1: Subject to subsections (2) and (3), a resolution in writing signed by not less than—
a: 75%; or
b: such other percentage as the constitution may require for passing a special resolution,— whichever is the greater, of the shareholders who would be entitled to vote on that resolution at a meeting of shareholders who together hold not less than 75% or, if a higher percentage is required by the constitution, that higher percentage, of the votes entitled to be cast on that resolution, is as valid as if it had been passed at a meeting of those shareholders.
2: A resolution in writing that—
a: relates to a matter that is required by this Act or by the constitution to be decided at a meeting of the shareholders of a company; and
b: is signed by the shareholders specified in subsection (3)— is made in accordance with this Act or the constitution of the company.
3: For the purposes of subsection (2)(b), the shareholders are,—
a: in the case of a resolution under section 207I 207J
b: in any other case, the shareholders referred to in subsection (1).
3A: Any resolution in writing under this section
4: It is not necessary for the board of a company to call, or for a company to hold, an annual meeting of shareholders under section 120
4A: Section 120(5)
5: Within 5 working days of a resolution being passed under this section, the company must send to every shareholder who did not sign the resolution or on whose behalf the resolution was not signed,—
a: a copy of the resolution; and
b: if the resolution was a special resolution required by section 106(1)(a) or (b) section 110
6: A resolution may be signed under subsection (1) or subsection (2) without any prior notice being given to shareholders.
7: If a company fails to comply with subsection (5),—
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(1)
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(1) Section 122(1) replaced 30 June 1997 section 8(1) Companies Act 1993 Amendment Act 1997 Section 122(3)(a) replaced 1 April 2014 section 28 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 122(3A) inserted 30 June 1997 section 8(2) Companies Act 1993 Amendment Act 1997 Section 122(3A) amended 3 May 2001 section 8 Companies Act 1993 Amendment Act 2001 Section 122(4) replaced 30 May 2017 section 19 Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 122(4A) inserted 30 May 2017 section 19 Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 122(5) replaced 17 September 2008 section 9 Companies (Minority Buy-out Rights) Amendment Act 2008
123: Court may call meeting of shareholders
1: If the court is satisfied that—
a: it is impracticable to call or conduct a meeting of shareholders in the manner prescribed by this Act or the constitution; or
b: it is in the interests of a company that a meeting of shareholders be held,— the court may order a meeting of shareholders to be held or conducted in such manner as the court directs.
2: Application to the court may be made by a director, or a shareholder, or a creditor of the company.
3: The court may make the order on such terms as to the costs of conducting the meeting and as to security for those costs as the court thinks fit.
124: Proceedings at meetings
The provisions of Schedule 1 Ascertaining shareholders
125: Shareholders entitled to receive distributions, attend meetings, and exercise rights
1: The shareholders who are—
a: entitled to receive distributions; or
b: entitled to exercise pre-emptive rights to acquire shares in accordance with section 45
c: entitled to exercise any other right or receive any other benefit under this Act or the constitution or pursuant to the terms of issue of shares— are,—
d: if the board fixes a date for the purpose, those shareholders whose names are registered in the share register on that date:
e: if the board does not fix a date for the purpose, those shareholders whose names are registered in the share register on the day on which the board or the shareholders, as the case may be, pass the resolution concerned.
2: A date must not be fixed under subsection (1) that precedes by more than 20 working days the date on which the proposed action will be taken.
3: The shareholders who are entitled to receive notice of a meeting of shareholders are,—
a: if the board fixes a date for the purpose, those shareholders whose names are registered in the share register on that date:
b: if the board does not fix a date for the purpose, those shareholders whose names are registered in the share register at the close of business on the day immediately preceding the day on which the notice is given.
4: A date must not be fixed under subsection (3) that precedes by more than 30 working days or less than 10 working days the date on which the meeting is to be held. Section 125(1)(c) replaced 30 June 1997 section 9(1) Companies Act 1993 Amendment Act 1997 Section 125(1)(e) replaced 30 June 1997 section 9(2) Companies Act 1993 Amendment Act 1997
8: Directors and their powers and duties
126: Meaning of director
1: In this Act, director
a: a person occupying the position of director of the company by whatever name called; and
b: for the purposes of sections 131 to 141 145 to 149 291A to 293 298 299 301 318(1)(bb) 383 385 385AA 386A to 386F clause 3(4)(b)
i: a person in accordance with whose directions or instructions a person referred to in paragraph (a) may be required or is accustomed to act; and
ii: a person in accordance with whose directions or instructions the board of the company may be required or is accustomed to act; and
iii: a person who exercises or who is entitled to exercise or who controls or who is entitled to control the exercise of powers which, apart from the constitution of the company, would fall to be exercised by the board; and
c: for the purposes of sections 131 to 149 291A to 293 298 299 301 318(1)(bb) 383 385 385AA 386A to 386F clause 3(4)(b)
d: for the purposes of sections 145 to 149 , and clause 3(4)(b)
1A: In this Act, director
2: If the constitution of a company confers a power on shareholders which would otherwise fall to be exercised by the board, any shareholder who exercises that power or who takes part in deciding whether to exercise that power is deemed, in relation to the exercise of the power or any consideration concerning its exercise, to be a director for the purposes of sections 131 to 138
3: If the constitution of a company requires a director or the board to exercise or refrain from exercising a power in accordance with a decision or direction of shareholders, any shareholder who takes part in—
a: the making of any decision that the power should or should not be exercised; or
b: the making of any decision whether to give a direction,— as the case may be, is deemed, in relation to making any such decision, to be a director for the purposes of sections 131 to 138
4: Paragraphs (b) to (d) of subsection (1) do not include a person to the extent that the person acts only in a professional capacity. Section 126(1)(b) amended 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 126(1)(b) amended 1 May 2015 section 37(1) Companies Amendment Act 2014 Section 126(1)(b) amended 1 May 2015 section 58 Companies Amendment Act 2014 Section 126(1)(b) amended 1 November 2007 section 36(1) Companies Amendment Act 2006 Section 126(1)(b) amended 29 May 2004 section 3(1) Companies Amendment Act 2004 Section 126(1)(b) amended 3 May 2001 section 9 Companies Act 1993 Amendment Act 2001 Section 126(1)(c) amended 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 126(1)(c) amended 1 May 2015 section 37(2) Companies Amendment Act 2014 Section 126(1)(c) amended 1 May 2015 section 58 Companies Amendment Act 2014 Section 126(1)(c) amended 1 November 2007 section 36(2) Companies Amendment Act 2006 Section 126(1)(c) amended 29 May 2004 section 3(2) Companies Amendment Act 2004 Section 126(1)(c) amended 3 May 2001 section 9 Companies Act 1993 Amendment Act 2001 Section 126(1)(d) amended 1 November 2007 section 36(3) Companies Amendment Act 2006 Section 126(1)(d) amended 29 May 2004 section 3(3) Companies Amendment Act 2004 Section 126(1A) inserted 1 July 1994 Companies Act 1993 Amendment Act 1994
127: Meaning of board
In this Act, the terms board board of directors
a: directors of the company who number not less than the required quorum acting together as a board of directors; or
b: if the company has only 1 director, that director. Powers of management
128: Management of company
1: The business and affairs of a company must be managed by, or under the direction or supervision of, the board of the company.
2: The board of a company has all the powers necessary for managing, and for directing and supervising the management of, the business and affairs of the company.
3: Subsections (1) and (2) are subject to any modifications, exceptions, or limitations contained in this Act or in the company's constitution.
129: Major transactions
1: A company must not enter into a major transaction unless the transaction is—
a: approved by special resolution; or
b: contingent on approval by special resolution.
2: In this section,— assets major transaction
a: the acquisition of, or an agreement to acquire, whether contingent or not, assets the value of which is more than half the value of the company's assets before the acquisition; or
b: the disposition of, or an agreement to dispose of, whether contingent or not, assets of the company the value of which is more than half the value of the company's assets before the disposition; or
c: a transaction that has or is likely to have the effect of the company acquiring rights or interests or incurring obligations or liabilities , including contingent liabilities,
2A: Nothing in paragraph (b) or
2B: In assessing the value of any contingent liability for the purposes of paragraph (c) of the definition of major transaction in subsection (2), the directors—
a: must have regard to all circumstances that the directors know, or ought to know, affect, or may affect, the value of the contingent liability; and
b: may rely on estimates of the contingent liability that are reasonable in the circumstances; and
c: may take account of—
i: the likelihood of the contingency occurring; and
ii: any claim the company is entitled to make and can reasonably expect to be met to reduce or extinguish the contingent liability.
3: Nothing in this section applies to a major transaction entered into by a receiver appointed pursuant to an instrument creating a charge over all or substantially all of the property of a company. Section 129(2) major transaction replaced 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 129(2) major transaction amended 15 April 2004 section 8(1) Companies Amendment Act (No 2) 2004 Section 129(2A) inserted 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 129(2A) amended 3 May 2001 section 10 Companies Act 1993 Amendment Act 2001 Section 129(2A) amended 30 June 1997 section 10 Companies Act 1993 Amendment Act 1997 Section 129(2B) inserted 15 April 2004 section 8(2) Companies Amendment Act (No 2) 2004
130: Delegation of powers
1: Subject to any restrictions in the constitution of the company, the board of a company may delegate to a committee of directors, a director or employee of the company, or any other person, any 1 or more of its powers other than its powers under any of the sections of this Act set out in Schedule 2
2: A board that delegates a power under subsection (1) is responsible for the exercise of the power by the delegate as if the power had been exercised by the board, unless the board—
a: believed on reasonable grounds at all times before the exercise of the power that the delegate would exercise the power in conformity with the duties imposed on directors of the company by this Act and the company's constitution; and
b: has monitored, by means of reasonable methods properly used, the exercise of the power by the delegate. Directors' duties
131: Duty of directors to act in good faith and in best interests of company
1: Subject to this section, a director of a company, when exercising powers or performing duties, must act in good faith and in what the director believes to be the best interests of the company.
2: A director of a company that is a wholly-owned subsidiary may, when exercising powers or performing duties as a director, if expressly permitted to do so by the constitution of the company, act in a manner which he or she believes is in the best interests of that company's holding company even though it may not be in the best interests of the company.
3: A director of a company that is a subsidiary (but not a wholly-owned subsidiary) may, when exercising powers or performing duties as a director, if expressly permitted to do so by the constitution of the company and with the prior agreement of the shareholders (other than its holding company), act in a manner which he or she believes is in the best interests of that company's holding company even though it may not be in the best interests of the company.
4: A director of a company that is carrying Section 131(4) amended 30 June 1997 section 11 Companies Act 1993 Amendment Act 1997
132: Exercise of powers in relation to employees
1: Nothing in section 131
2: In subsection (1),— company employees
133: Powers to be exercised for proper purpose
A director must exercise a power for a proper purpose.
134: Directors to comply with Act and constitution
A director of a company must not act, or agree to the company acting, in a manner that contravenes this Act or the constitution of the company.
135: Reckless trading
A director of a company must not—
a: agree to the business of the company being carried on in a manner likely to create a substantial risk of serious loss to the company's creditors; or
b: cause or allow the business of the company to be carried on in a manner likely to create a substantial risk of serious loss to the company's creditors.
136: Duty in relation to obligations
A director of a company must not agree to the company incurring an obligation unless the director believes at that time on reasonable grounds that the company will be able to perform the obligation when it is required to do so.
137: Director's duty of care
A director of a company, when exercising powers or performing duties as a director, must exercise the care, diligence, and skill that a reasonable director would exercise in the same circumstances taking into account, but without limitation,—
a: the nature of the company; and
b: the nature of the decision; and
c: the position of the director and the nature of the responsibilities undertaken by him or her.
138: Use of information and advice
1: Subject to subsection (2), a director of a company, when exercising powers or performing duties as a director, may rely on reports, statements, and financial data and other information prepared or supplied, and on professional or expert advice given, by any of the following persons:
a: an employee of the company whom the director believes on reasonable grounds to be reliable and competent in relation to the matters concerned:
b: a professional adviser or expert in relation to matters which the director believes on reasonable grounds to be within the person's professional or expert competence:
c: any other director or committee of directors upon which the director did not serve in relation to matters within the director's or committee's designated authority.
2: Subsection (1) applies to a director only if the director—
a: acts in good faith; and
b: makes proper inquiry where the need for inquiry is indicated by the circumstances; and
c: has no knowledge that such reliance is unwarranted.
138A: Offence for serious breach of director's duty to act in good faith and in best interests of company
1: A director of a company commits an offence if the director exercises powers or performs duties as a director of the company—
a: in bad faith towards the company and believing that the conduct is not in the best interests of the company; and
b: knowing that the conduct will cause serious loss to the company.
2: However, a director does not commit an offence under subsection (1) if the power or duty in question is exercised or performed under any of section 131(2) to (4) section 132
3: A person who commits an offence under this section is liable on conviction to the penalties set out in section 373(4) Section 138A inserted 3 July 2014 section 4 Companies Amendment Act 2014
138B: Safe harbour for directors relating to effects of COVID-19
2022-06-01 Companies Act 1993 Section 138B and Schedule 12 repealed on the close of 31 May 2022. Section 138B repealed 31 May 2022 Transactions involving self-interest
139: Meaning of interested
1: Subject to subsection (2), for the purposes of this Act, a director of a company is interested
a: is a party to, or will or may derive a material financial benefit from, the transaction; or
b: has a material financial interest in another party to the transaction; or
c: is a director, officer, or trustee of another party to, or person who will or may derive a material financial benefit from, the transaction, not being a party or person that is—
i: the company's holding company being a holding company of which the company is a wholly-owned subsidiary; or
ii: a wholly-owned subsidiary of the company; or
iii: a wholly-owned subsidiary of a holding company of which the company is also a wholly-owned subsidiary; or
d: is the parent, child, spouse, civil union partner, or de facto partner
e: is otherwise directly or indirectly materially interested in the transaction.
2: For the purposes of this Act, a director of a company is not interested Section 139(1)(d) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005
140: Disclosure of interest
1: A director of a company must, forthwith after becoming aware of the fact that he or she is interested in a transaction or proposed transaction with the company, cause to be entered in the interests register, and, if the company has more than 1 director, disclose to the board of the company—
a: if the monetary value of the director's interest is able to be quantified, the nature and monetary value of that interest; or
b: if the monetary value of the director's interest cannot be quantified, the nature and extent of that interest.
1A: A director of a company is not required to comply with subsection (1) if—
a: the transaction or proposed transaction is between the director and the company; and
b: the transaction or proposed transaction is or is to be entered into in the ordinary course of the company's business and on usual terms and conditions.
2: For the purposes of subsection (1), a general notice entered in the interests register and, if the company has more than 1 director,
3: A failure by a director to comply with subsection (1) does not affect the validity of a transaction entered into by the company or the director.
4: Every director who fails to comply with subsection (1) commits an offence and is liable on conviction to the penalty set out in section 373(2) 1955 No 63 s 199 Section 140(1A) inserted 30 June 1997 section 12 Companies Act 1993 Amendment Act 1997 Section 140(2) amended 3 May 2001 section 11 Companies Act 1993 Amendment Act 2001
141: Avoidance of transactions
1: A transaction entered into by the company in which a director of the company is interested may be avoided by the company at any time before the expiration of 3 months after the transaction is disclosed to all the shareholders (whether by means of the company's annual report or otherwise).
2: A transaction cannot be avoided if the company receives fair value under it.
3: For the purposes of subsection (2), the question whether a company receives fair value under a transaction is to be determined on the basis of the information known to the company and to the interested director at the time the transaction is entered into.
4: If a transaction is entered into by the company in the ordinary course of its business and on usual terms and conditions, the company is presumed to receive fair value under the transaction.
5: For the purposes of this section,—
a: a person seeking to uphold a transaction and who knew or ought to have known of the director's interest at the time the transaction was entered into has the onus of establishing fair value; and
b: in any other case, the company has the onus of establishing that it did not receive fair value.
6: A transaction in which a director is interested can only be avoided on the ground of the director's interest in accordance with this section or the company's constitution.
142: Effect on third parties
The avoidance of a transaction under section 141
a: from a person other than the company; and
b: for valuable consideration; and
c: without knowledge of the circumstances of the transaction under which the person referred to in paragraph (a) acquired the property from the company.
143: Application of sections 140 and 141 in certain cases
Nothing in section 140 section 141
a: remuneration or any other benefit given to a director in accordance with section 161
b: an indemnity given or insurance provided in accordance with section 162
144: Interested director may vote
Subject to the constitution of the company, a director of a company who is interested in a transaction entered into, or to be entered into, by the company, may—
a: vote on a matter relating to the transaction; and
b: attend a meeting of directors at which a matter relating to the transaction arises and be included among the directors present at the meeting for the purpose of a quorum; and
c: sign a document relating to the transaction on behalf of the company; and
d: do any other thing in his or her capacity as a director in relation to the transaction— as if the director were not interested in the transaction.
145: Use of company information
1: A director of a company who has information in his or her capacity as a director or employee of the company, being information that would not otherwise be available to him or her, must not disclose that information to any person, or make use of or act on the information, except—
a: for the purposes of the company; or
b: as required by law; or
c: in accordance with subsection (2) or subsection (3); or
d: in complying with section 140
2: A director of a company may, unless prohibited by the board, disclose information to—
a: a person whose interests the director represents; or
b: a person in accordance with whose directions or instructions the director may be required or is accustomed to act in relation to the director's powers and duties and, if the director discloses the information, the name of the person to whom it is disclosed must be entered in the interests register.
3: A director of a company may disclose, make use of, or act on the information if—
a: particulars of the disclosure, use, or the act in question are entered in the interests register; and
b: the director is first authorised to do so by the board; and
c: the disclosure, use, or act in question will not, or will not be likely to, prejudice the company.
146: Meaning of relevant interest
1: For the purposes of section 148 relevant interest
a: is a beneficial owner of the share; or
b: has the power to exercise any right to vote attached to the share; or
c: has the power to control the exercise of any right to vote attached to the share; or
d: has the power to acquire or dispose of the share; or
e: has the power to control the acquisition or disposition of the share by another person; or
f: under, or by virtue of, any trust, agreement, arrangement or understanding relating to the share (whether or not that person is a party to it)—
i: may at any time have the power to exercise any right to vote attached to the share; or
ii: may at any time have the power to control the exercise of any right to vote attached to the share; or
iii: may at any time have the power to acquire or dispose of, the share; or
iv: may at any time have the power to control the acquisition or disposition of the share by another person.
2: Where a person would, if that person were a director of the company, have
a: that person or its directors are accustomed or under an obligation, whether legally enforceable or not, to act in accordance with the directions, instructions, or wishes of a director of the company in relation to—
i: the exercise of the right to vote attached to the share; or
ii: the control of the exercise of any right to vote attached to the share; or
iii: the acquisition or disposition of the share; or
iv: the exercise of the power to control the acquisition or disposition of the share by another person; or
b: a director of the company has the power to exercise the right to vote attached to 20% or more of the shares of that person; or
c: a director of the company has the power to control the exercise of the right to vote attached to 20% or more of the shares of that person; or
d: a director of the company has the power to acquire or dispose of 20% or more of the shares of that person; or
e: a director of the company has the power to control the acquisition or disposition of 20% or more of the shares of that person,— that director has a relevant interest in the share.
3: A person who has, or may have, a power referred to in any of paragraphs (b) to (f) of subsection (1), has a relevant interest in a share regardless of whether the power—
a: is expressed or implied:
b: is direct or indirect:
c: is legally enforceable or not:
d: is related to a particular share or not:
e: is subject to restraint or restriction or is capable of being made subject to restraint or restriction:
f: is exercisable presently or in the future:
g: is exercisable only on the fulfilment of a condition:
h: is exercisable alone or jointly with another person or persons.
4: A power referred to in subsection (1) exercisable jointly with another person or persons is deemed to be exercisable by either or any of those persons.
5: A reference to a power includes a reference to a power that arises from, or is capable of being exercised as the result of, a breach of any trust, agreement, arrangement, or understanding, or any of them, whether or not it is legally enforceable. Section 146(2) amended 30 June 1997 section 13 Companies Act 1993 Amendment Act 1997
147: Relevant interests to be disregarded in certain cases
1: For the purposes of section 148
a: the ordinary business of the person who has the relevant interest consists of, or includes, the lending of money or the provision of financial services, or both, and that person has the relevant interest only as security given for the purposes of a transaction entered into in the ordinary course of the business of that person; or
b: that person is authorised to undertake trading activities on a licensed market and has the relevant interest by reason only of acting for another person to acquire or dispose of that share on behalf of the other person in the ordinary course of business of carrying out those trading activities; or
c: that person has the relevant interest solely by reason of being appointed as a proxy to vote at a particular meeting of members, or of a class of members, of the company and the instrument of that person's appointment is produced before the start of the meeting in accordance with clause 6(4)
d: that person—
i: is a trustee corporation or a nominee company; and
ii: has the relevant interest by reason only of acting for another person in the ordinary course of business of that trustee corporation or nominee company; or
e: the person has the relevant interest by reason only that the person is a bare trustee of a trust to which the share is subject.
2: For the purposes of subsection (1)(e), a trustee may be a bare trustee notwithstanding that he or she is entitled as a trustee to be remunerated out of the income or property of the trust. Section 147(1)(b) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
148: Disclosure of share dealing by directors
1: A director of a company that has become registered under this Act in accordance with the Companies Reregistration Act 1993
a: disclose to the board the number and class of shares in which the relevant interest is held and the nature of the relevant interest; and
b: ensure that the particulars disclosed to the board under paragraph (a) are entered in the interests register.
2: A director of a company who acquires or disposes of a relevant interest in shares issued by the company must, forthwith after the acquisition or disposition,—
a: disclose to the board—
i: the number and class of shares in which the relevant interest has been acquired or the number and class of shares in which the relevant interest was disposed of, as the case may be; and
ii: the nature of the relevant interest; and
iii: the consideration paid or received; and
iv: the date of the acquisition or disposition; and
b: ensure that the particulars disclosed to the board under paragraph (a) are entered in the interests register.
149: Restrictions on share dealing by directors
1: If a director of a company has information in his or her capacity as a director or employee of the company or a related company, being information that would not otherwise be available to him or her, but which is information material to an assessment of the value of shares or other financial products financial products
a: in the case of an acquisition, the consideration given for the acquisition is not less than the fair value of the shares or financial products
b: in the case of a disposition, the consideration received for the disposition is not more than the fair value of the shares or financial products
2: For the purposes of subsection (1), the fair value of shares or financial products
3: Subsection (1) does not apply in relation to a share or financial product
4: Where a director acquires shares or financial products financial products financial products
5: Where a director disposes of shares or financial products financial products financial products
6: Nothing in this section applies to financial products that are quoted on a licensed market. Section 149(1) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 149(1)(a) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 149(1)(b) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 149(2) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 149(3) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 149(4) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 149(5) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 149(6) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Appointment and removal of directors
150: Number of directors
A company must have 1 or more directors ( see section 10(d) Section 150 amended 1 May 2015 section 12 Companies Amendment Act 2014
151: Qualifications of directors
1: A natural person who is not disqualified by subsection (2) may be appointed as a director of a company.
2: The following persons are disqualified from being appointed or holding office as a director of a company:
a: a person who is under 18 years of age:
b: a person who is an undischarged bankrupt:
baa: a person who is prohibited from being a director of a company under section 299(1)(b)
bab: a person who is prohibited from directly or indirectly being concerned, or taking part, in the management of a company under section 299(1)(c)
ba:
c:
d:
e: a person who is prohibited from being a director or promoter of or being concerned or taking part in the management of a company under section 382 383 385 385AA
eaa: a person who is prohibited from being a general partner or promoter of, or being concerned or taking part in the management of, a limited partnership under section 103A 103B 103D 103E
ea: a person who is prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unincorporated body under the Financial Markets Conduct Act 2013 Takeovers Act 1993
eab: in the case of a company that is an employer, a person who is prohibited from being an officer of an employer under sections 142M 142N(1)(b)
eb: a person who is prohibited from 1 or more of the following under an order made, or a notice given, under a law of a prescribed country, State, or territory outside New Zealand:
i: being a director of an overseas company:
ii: being a promoter of an overseas company:
iii: being concerned or taking part in the management of an overseas company:
ec: a person who is prohibited from 1 or more of the following under an order made, or a notice given, under a law of a prescribed country, State, or territory outside New Zealand:
i: being a general partner of an overseas limited partnership:
ii: being a promoter of an overseas limited partnership:
iii: being concerned or taking part in the management of an overseas limited partnership:
f: a person who is subject to a property order made under section 30 section 31
g: in relation to any particular company, a person who does not comply with any qualifications for directors contained in the constitution of that company.
3: A person that is not a natural person cannot be a director of a company.
4: A person who is disqualified from being a director but who acts as a director is a director for the purposes of a provision of this Act that imposes a duty or an obligation on a director of a company. Section 151(2)(baa) inserted 13 January 2020 section 6 Regulatory Systems (Economic Development) Amendment Act 2019 Section 151(2)(bab) inserted 13 January 2020 section 6 Regulatory Systems (Economic Development) Amendment Act 2019 Section 151(2)(ba) repealed 5 December 2013 section 7 Companies Amendment Act 2013 Section 151(2)(c) repealed 5 December 2013 section 7 Companies Amendment Act 2013 Section 151(2)(d) repealed 5 December 2013 section 7 Companies Amendment Act 2013 Section 151(2)(e) amended 1 May 2015 section 58 Companies Amendment Act 2014 Section 151(2)(eaa) inserted 1 September 2014 section 58 Companies Amendment Act 2014 Section 151(2)(ea) inserted 25 October 2006 section 25 Securities Amendment Act 2006 Section 151(2)(ea) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 151(2)(eab) inserted 1 April 2016 section 39 Employment Relations Amendment Act 2016 Section 151(2)(eb) inserted 18 June 2007 section 5(1) Companies Amendment Act (No 2) 2006 Section 151(2)(ec) inserted 1 September 2014 section 58 Companies Amendment Act 2014
152: Director's consent required
A person must not be appointed a director of a company unless he or she has consented in writing Section 152 amended 1 July 1994 Companies Act 1993 Amendment Act 1994
153: Appointment of first and subsequent directors
1: A person named as a director in an application for registration or in an amalgamation proposal holds office as a director from the date of registration or the date the amalgamation proposal is effective, as the case may be, until that person ceases to hold office as a director in accordance with this Act.
2: All subsequent directors of a company must, unless the constitution of the company otherwise provides, be appointed by ordinary resolution.
154: Court may appoint directors
1: If—
a: there are no directors of a company, or the number of directors is less than the quorum required for a meeting of the board; and
b: it is not possible or practicable to appoint directors in accordance with the company's constitution,— a shareholder or creditor of the company may apply to the court to appoint 1 or more persons as directors of the company, and the court may make an appointment if it considers that it is in the interests of the company to do so.
2: An appointment may be made on such terms and conditions as the court thinks fit.
155: Appointment of directors to be voted on individually
1: Subject to the constitution of the company, the shareholders of a company may vote on a resolution to appoint a director of the company only if—
a: the resolution is for the appointment of 1 director; or
b: the resolution is a single resolution for the appointment of 2 or more persons as directors of the company and a separate resolution that it be so voted on has first been passed without a vote being cast against it.
2: A resolution moved in contravention of subsection (1) is void even though the moving of it was not objected to at the time.
3: Subsection (2) does not limit the operation of section 158
4: No provision for the automatic reappointment of retiring directors in default of another appointment applies on the passing of a resolution in contravention of subsection (1).
5: Nothing in this section prevents the election of 2 or more directors by ballot or poll.
156: Removal of directors
1: Subject to the constitution of a company, a director of the company may be removed from office by ordinary resolution passed at a meeting called for the purpose or for purposes that include the removal of the director.
2: The notice of meeting must state that the purpose or a purpose of the meeting is the removal of the director.
157: Director ceasing to hold office
1: The office of director of a company is vacated if the person holding that office—
a: resigns in accordance with subsection (2); or
b: is removed from office in accordance with this Act or the constitution of the company; or
c: becomes disqualified from being a director pursuant to section 151
d: dies; or
e: otherwise vacates office in accordance with the constitution of the company.
2: A director of a company may resign office by signing a written notice of resignation and delivering it to the address for service of the company. The notice is effective when it is received at that address or at a later time specified in the notice.
3: Notwithstanding the vacation of office, a person who held office as a director remains liable under the provisions of this Act that impose liabilities on directors in relation to acts and omissions and decisions made while that person was a director.
158: Validity of director's acts
The acts of a person as a director are valid even though—
a: the person's appointment was defective; or
b: the person is not qualified for appointment.
159: Notice of change of directors
1: The board of a company must ensure that notice in the prescribed form of—
a: a change in the directors of a company, whether as the result of a director ceasing to hold office or the appointment of a new director, or both; or
b: a change in the name or the residential address of a director of a company— is delivered to the Registrar for registration.
2: A notice under subsection (1) must—
a: specify the date of the change; and
b: include, in relation to every person who is a director of the company from the date of the notice, the information required by section 12(2)(b)(i) to (iii)
c: in the case of the appointment of a new director, have attached the form of consent and certificate required pursuant to section 152
d: be delivered to the Registrar within 20 working days of—
i: the change occurring, in the case of the appointment or resignation of a director; or
ii: the company first becoming aware of the change, in the case of the death of a director or a change in the name or residential address of a director.
3: If the board of a company fails to comply with this section, every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2) Section 159(2)(b) replaced 1 May 2015 section 13 Companies Amendment Act 2014 Miscellaneous provisions relating to directors
160: Proceedings of board
Subject to the constitution of a company, the provisions set out in Schedule 3
161: Remuneration and other benefits
1: The board of a company may, subject to any restrictions contained in the constitution of the company, authorise—
a: the payment of remuneration or the provision of other benefits by the company to a director for services as a director or in any other capacity:
b: the payment by the company to a director or former director of compensation for loss of office:
c: the making of loans by the company to a director:
d: the giving of guarantees by the company for debts incurred by a director:
e: the entering into of a contract to do any of the things set out in paragraphs (a), (b), (c), and (d),— if the board is satisfied that to do so is fair to the company.
2: The board must ensure that forthwith after authorising the making of the payment or the provision of the benefit or the making of the loan or the giving of the guarantee or the entering into of the contract, as the case may be, particulars of the payment or benefit or loan or guarantee or contract are entered in the interests register.
3: The payment of remuneration or the giving of any other benefit to a director in accordance with a contract authorised under subsection (1) need not be separately authorised under that subsection.
4: Directors who vote in favour of authorising a payment, benefit, loan, guarantee, or contract under subsection (1) must sign a certificate stating that, in their opinion, the making of the payment or the provision of the benefit, or the making of the loan, or the giving of the guarantee, or the entering into of the contract is fair to the company, and the grounds for that opinion.
5: Where a payment is made or other benefit provided or a guarantee is given to which subsection (1) applies and either—
a: the provisions of subsections (1) and (4) have not been complied with; or
b: reasonable grounds did not exist for the opinion set out in the certificate given under subsection (4),— the director or former director to whom the payment is made or the benefit is provided, or in respect of whom the guarantee is given, as the case may be, is personally liable to the company for the amount of the payment, or the monetary value of the benefit, or any amount paid by the company under the guarantee, except to the extent to which he or she proves that the payment or benefit or guarantee was fair to the company at the time it was made, provided, or given.
6: Where a loan is made to which subsection (1) applies and either—
a: the provisions of subsections (1) and (4) have not been complied with; or
b: reasonable grounds did not exist for the opinion set out in the certificate given under subsection (4),— the loan becomes immediately repayable to the company by the director, notwithstanding the terms of any agreement relating to the giving of the loan, except to the extent to which he or she proves that the loan was fair to the company at the time it was given.
162: Indemnity and insurance
1: Except as provided in this section, a company must not indemnify, or directly or indirectly effect insurance for, a director or employee of the company or a related company in respect of—
a: liability for any act or omission in his or her capacity as a director or employee; or
b: costs incurred by that director or employee in defending or settling any claim or proceeding relating to any such liability.
2: An indemnity given in breach of this section is void.
3: A company may, if expressly authorised by its constitution, indemnify a director or employee of the company or a related company for any costs incurred by him or her in any proceeding—
a: that relates to liability for any act or omission in his or her capacity as a director or employee; and
b: in which judgment is given in his or her favour, or in which he or she is acquitted, or which is discontinued.
4: A company may, if expressly authorised by its constitution, indemnify a director or employee of the company or a related company in respect of—
a: liability to any person other than the company or a related company for any act or omission in his or her capacity as a director or employee; or
b: costs incurred by that director or employee in defending or settling any claim or proceeding relating to any such liability,— not being criminal liability or liability in respect of a breach, in the case of a director, of the duty specified in section 131
5: A company may, if expressly authorised by its constitution and with the prior approval of the board, effect insurance for a director or employee of the company or a related company in respect of—
a: liability, not being criminal liability, for any act or omission in his or her capacity as a director or employee; or
b: costs incurred by that director or employee in defending or settling any claim or proceeding relating to any such liability; or
c: costs incurred by that director or employee in defending any criminal proceedings—
i: that have been brought against the director or employee in relation to any act or omission in his or her capacity as a director or employee; and
ii: in which he or she is acquitted.
6: The directors who vote in favour of authorising the effecting of insurance under subsection (5) must sign a certificate stating that, in their opinion, the cost of effecting the insurance is fair to the company.
7: The board of a company must ensure that particulars of any indemnity given to, or insurance effected for, any director or employee of the company or a related company are forthwith entered in the interests register.
8: Where insurance is effected for a director or employee of a company or a related company and—
a: the provisions of either subsection (5) or subsection (6) have not been complied with; or
b: reasonable grounds did not exist for the opinion set out in the certificate given under subsection (6),— the director or employee is personally liable to the company for the cost of effecting the insurance except to the extent that he or she proves that it was fair to the company at the time the insurance was effected.
9: In this section,— director effect insurance employee indemnify indemnity Section 162(5)(c) replaced 3 June 1998 section 5 Companies Amendment Act 1998
9: Enforcement
163: Interpretation
In this Part, unless the context otherwise requires, the terms entitled person former shareholder shareholder Injunctions
164: Injunctions
1: The court may, on an application under this section, make an order restraining a company that, or a director of a company who, proposes to engage in conduct that would contravene the constitution of the company or this Act
2: An application may be made by—
a: the company; or
b: a director or shareholder of the company; or
c: an entitled person.
3: If the court makes an order under subsection (1), it may also grant such consequential relief as it thinks fit.
4: An order may not be made under this section in relation to conduct or a course of conduct that has been completed.
5: The court may, at any time before the final determination of an application under subsection (1), make, as an interim order, any order that it is empowered to make under that subsection. Section 164(1) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Derivative actions
165: Derivative actions
1: Subject to subsection (3), the court may, on the application of a shareholder or director of a company, grant leave to that shareholder or director to—
a: bring proceedings in the name and on behalf of the company or any related company; or
b: intervene in proceedings to which the company or any related company is a party for the purpose of continuing, defending, or discontinuing the proceedings on behalf of the company or related company, as the case may be.
2: Without limiting subsection (1), in determining whether to grant leave under that subsection, the court shall have regard to—
a: the likelihood of the proceedings succeeding:
b: the costs of the proceedings in relation to the relief likely to be obtained:
c: any action already taken by the company or related company to obtain relief:
d: the interests of the company or related company in the proceedings being commenced, continued, defended, or discontinued, as the case may be.
3: Leave to bring proceedings or intervene in proceedings may be granted under subsection (1), only if the court is satisfied that either—
a: the company or related company does not intend to bring, diligently continue or defend, or discontinue the proceedings, as the case may be; or
b: it is in the interests of the company or related company that the conduct of the proceedings should not be left to the directors or to the determination of the shareholders as a whole.
4: Notice of the application must be served on the company or related company.
5: The company or related company—
a: may appear and be heard; and
b: must inform the court, whether or not it intends to bring, continue, defend, or discontinue the proceedings, as the case may be.
6: Except as provided in this section, a shareholder is not entitled to bring or intervene in any proceedings in the name of, or on behalf of, a company or a related company.
166: Costs of derivative action to be met by company
The court shall, on the application of the shareholder or director to whom leave was granted under section 165 section 168
167: Powers of court where leave granted
The court may, at any time, make any order it thinks fit in relation to proceedings brought by a shareholder or a director or in which a shareholder or director intervenes, as the case may be, with leave of the court under section 165
a: make an order authorising the shareholder or any other person to control the conduct of the proceedings:
b: give directions for the conduct of the proceedings:
c: make an order requiring the company or the directors to provide information or assistance in relation to the proceedings:
d: make an order directing that any amount ordered to be paid by a defendant in the proceedings must be paid, in whole or part, to former and present shareholders of the company or related company instead of to the company or the related company.
168: Compromise, settlement, or withdrawal of derivative action
No proceedings brought by a shareholder or a director or in which a shareholder or a director intervenes, as the case may be, with leave of the court under section 165 Personal actions by shareholders
169: Personal actions by shareholders against directors
1: A shareholder or former shareholder may bring an action against a director for breach of a duty owed to him or her as a shareholder.
2: An action may not be brought under subsection (1) to recover any loss in the form of a reduction in the value of shares in the company or a failure of the shares to increase in value by reason only of a loss suffered, or a gain forgone, by the company.
3: Without limiting subsection (1), the duties of directors set out in—
a: section 90
b: section 140
c: section 148 are duties owed to shareholders, while the duties of directors set out in—
d: section 131
e: section 133
f: section 135
g: section 136
h: section 137
i: section 145 are duties owed to the company and not to shareholders.
170: Actions by shareholders to require directors to act
Notwithstanding section 169 Section 170 amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
171: Personal actions by shareholders against company
A shareholder of a company may bring an action against the company for breach of a duty owed by the company to him or her as a shareholder.
172: Actions by shareholders to require company to act
Notwithstanding section 171 Section 172 amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
173: Representative actions
Where a shareholder of a company brings proceedings against the company or a director, and other shareholders have the same or substantially the same interest in relation to the subject matter of the proceedings, the court may appoint that shareholder to represent all or some of the shareholders having the same or substantially the same interest, and may, for that purpose, make such order as it thinks fit including, without limiting the generality of this section, an order—
a: as to the control and conduct of the proceedings:
b: as to the costs of the proceedings:
c: directing the distribution of any amount ordered to be paid by a defendant in the proceedings among the shareholders represented.
174: Prejudiced shareholders
1: A shareholder or former shareholder of a company, or any other entitled person, who considers that the affairs of a company have been, or are being, or are likely to be, conducted in a manner that is, or any act or acts of the company have been, or are, or are likely to be, oppressive, unfairly discriminatory, or unfairly prejudicial to him or her in that capacity or in any other capacity, may apply to the court for an order under this section.
2: If, on an application under this section, the court considers that it is just and equitable to do so, it may make such order as it thinks fit including, without limiting the generality of this subsection, an order—
a: requiring the company or any other person to acquire the shareholder's shares; or
b: requiring the company or any other person to pay compensation to a person; or
c: regulating the future conduct of the company's affairs; or
d: altering or adding to the company's constitution; or
e: appointing a receiver of the company; or
f: directing the rectification of the records of the company; or
g: putting the company into liquidation; or
h: setting aside action taken by the company or the board in breach of this Act or the constitution of the company.
3: No order may be made against the company or any other person under subsection (2) unless the company or that person is a party to the proceedings in which the application is made.
175: Certain conduct deemed prejudicial
1: Failure to comply with any of the following sections of this Act is conduct which is unfairly prejudicial for the purposes of section 174
a: section 45
b: section 47
c: section 53
d: section 60
e: section 61
f: section 63
g: section 65
h: section 76
i: section 78
j: section 80
k: section 117
l: section 129
2: The signing by the directors of a company of a certificate required by this Act without reasonable grounds existing for an opinion set out in it is conduct that is unfairly prejudicial for the purposes of section 174
176: Alteration to constitution
1: Notwithstanding anything in this Act, but subject to the order, where the court makes an order under section 174
2: Any alteration or addition to the constitution of a company made by an order under section 174 section 32
3: Within 10 working days of the making of an order under section 174
4: If the board of a company fails to comply with subsection (3), every director of the company commits an offence and is liable, on conviction, to the penalty set out in section 374(2) Ratification
177: Ratification of certain actions of directors
1: The purported exercise by a director or the board of a company of a power vested in the shareholders or any other person may be ratified or approved by those shareholders or that person in the same manner in which the power may be exercised.
2: The purported exercise of a power that is ratified under subsection (1) is deemed to be, and always to have been, a proper and valid exercise of that power.
3: The ratification or approval under this section of the purported exercise of a power by a director or the board does not prevent the court from exercising a power which might, apart from the ratification or approval, be exercised in relation to the action of the director or the board.
4: Nothing in this section limits or affects any rule of law relating to the ratification or approval by the shareholders or any other person of any act or omission of a director or the board of a company. Inspection of records
178: Information for shareholders
1: A shareholder may at any time make a written request to a company for information held by the company.
2: The request must specify the information sought in sufficient detail to enable it to be identified.
3: Within 10 working days of receiving a request under subsection (1), the company must either—
a: provide the information; or
b: agree to provide the information within a specified period; or
c: agree to provide the information within a specified period if the shareholder pays a reasonable charge to the company (which must be specified and explained) to meet the cost of providing the information; or
d: refuse to provide the information specifying the reasons for the refusal.
4: Without limiting the reasons for which a company may refuse to provide information under this section, a company may refuse to provide information if—
a: the disclosure of the information would or would be likely to prejudice the commercial position of the company; or
b: the disclosure of the information would or would be likely to prejudice the commercial position of any other person, whether or not that person supplied the information to the company; or
c: the request for the information is frivolous or vexatious.
5: If the company requires the shareholder to pay a charge for the information, the shareholder may withdraw the request, and is deemed to have done so unless, within 10 working days of receiving notification of the charge, the shareholder informs the company—
a: that the shareholder will pay the charge; or
b: that the shareholder considers the charge to be unreasonable.
6: The court may, on the application of a person who has made a request for information, if it is satisfied that—
a: the period specified for providing the information is unreasonable; or
b: the charge set by the company is unreasonable,— as the case may be, make an order requiring the company to supply the information within such time or on payment of such charge as the court thinks fit.
7: The court may, on the application of a person who has made a request for information, if it is satisfied that—
a: the company does not have sufficient reason to refuse to supply the information; or
b: the company has sufficient reason to refuse to supply the information but that other reasons exist that outweigh the refusal,— make an order requiring the company to supply the information.
8: Where the court makes an order under subsection (7), it may specify the use that may be made of the information and the persons to whom it may be disclosed.
9: On an application for an order under this section, the court may make such order for the payment of costs as it thinks fit.
179: Investigation of records
1: The court may, on the application of a shareholder or creditor of a company, make an order authorising a person named in the order at a time specified in the order, to inspect and to make copies of, or take extracts from, the records or other documents of the company, or such of the records or documents of the company as are specified in the order, and may make such ancillary order as it thinks fit, including an order that the accounts of the company be audited by that person.
2: The court may make an order under subsection (1) only if it is satisfied that—
a: in making the application, the shareholder or creditor is acting in good faith and that the inspection is proposed to be made for a proper purpose; and
b: the person to be appointed is a proper person for the task.
3: A person appointed by the court under subsection (1) must diligently carry out the inspection and, having done so, must make a full report to the court.
4: On receiving the report of an inspector, the court may make such order in relation to the disclosure and use that may be made of records and information obtained as it thinks fit.
5: An order made under subsection (4) may be varied from time to time.
6: The reasonable costs of the inspection must be met by the company unless the court orders otherwise.
7: A person may only disclose or make use of information or records obtained under this section in accordance with an order made under subsection (4) or subsection (5).
8: A person who discloses or makes use of information or records obtained under this section other than in accordance with an order made under subsection (4) or subsection (5) commits an offence, and is liable on conviction to the penalty set out in section 373(2)
10: Administration of companies
Authority to bind company
180: Method of contracting
1: A contract or other enforceable obligation may be entered into by a company as follows:
a: an obligation which, if entered into by a natural person, would, by law, be required to be by deed, may be entered into on behalf of the company in writing signed under the name of the company by—
i: 2 or more directors of the company; or
ii: if there is only 1 director, by that director whose signature must be witnessed; or
iii: if the constitution of the company so provides, a director, or other person or class of persons whose signature or signatures must be witnessed; or
iv: 1 or more attorneys appointed by the company in accordance with section 181
b: an obligation which, if entered into by a natural person, is, by law, required to be in writing, may be entered into on behalf of the company in writing by a person acting under the company's express or implied authority:
c: an obligation which, if entered into by a natural person, is not, by law, required to be in writing, may be entered into on behalf of the company in writing or orally by a person acting under the company's express or implied authority.
1A: A company may, in addition to complying with subsection (1), affix its common seal, if it has one, to the contract or document containing the enforceable obligation.
2: Subsection (1) applies to a contract or other obligation—
a: whether or not that contract or obligation was entered into in New Zealand; and
b: whether or not the law governing the contract or obligation is the law of New Zealand. Section 180(1A) replaced 30 June 1997 section 14 Companies Act 1993 Amendment Act 1997
181: Attorneys
1: Subject to its constitution, a company may, by an instrument in writing executed in accordance with section 180(1)(a)
2: An act of the attorney in accordance with the instrument binds the company.
3: Sections 19 to 21 Section 181(3) replaced 1 January 2008 section 364(1) Property Law Act 2007 Pre-incorporation contracts
182: Pre-incorporation contracts may be ratified
1: In this section and in sections 183 to 185 pre-incorporation contract
a: a contract purporting to be made by a company before its incorporation; or
b: a contract made by a person on behalf of a company before and in contemplation of its incorporation.
2: Notwithstanding any enactment or rule of law, a pre-incorporation contract may be ratified within such period as may be specified in the contract, or if no period is specified, then within a reasonable time after the incorporation of the company in the name of which, or on behalf of which, it has been made.
3: A contract that is ratified is as valid and enforceable as if the company had been a party to the contract when it was made.
4: A pre-incorporation contract may be ratified by a company in the same manner as a contract may be entered into on behalf of a company under section 180
5: Despite subpart 1 section 184 1955 No 63 s 42A(1)–(3) 1983 No 53 s 15 Section 182(5) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017
183: Warranties implied in pre-incorporation contracts
1: Notwithstanding any enactment or rule of law, in a pre-incorporation contract, unless a contrary intention is expressed in the contract, there is an implied warranty by the person who purports to make the contract in the name of, or on behalf of, the company—
a: that the company will be incorporated within such period as may be specified in the contract, or if no period is specified, then within a reasonable time after the making of the contract; and
b: that the company will ratify the contract within such period as may be specified in the contract, or if no period is specified, then within a reasonable time after the incorporation of the company.
2: The amount of damages recoverable in an action for breach of a warranty implied by subsection (1) is the same as the amount of damages that would be recoverable in an action against the company for damages for breach by the company of the unperformed obligations under the contract if the contract had been ratified and cancelled.
3: If, after its incorporation, a company enters into a contract in the same terms as, or in substitution for, a pre-incorporation contract (not being a contract ratified by the company under section 182 1955 No 63 s 42A(4), (5), (8) 1983 No 53 s 15
184: Failure to ratify
1: A party to a pre-incorporation contract that has not been ratified by the company after its incorporation may apply to the court for an order—
a: directing the company to return property, whether real or personal, acquired under the contract to that party; or
b: for any other relief in favour of that party relating to that property; or
c: validating the contract whether in whole or in part.
2: The court may, if it considers it just and equitable to do so, make any order or grant any relief it thinks fit and may do so whether or not an order has been made under section 183(2) 1955 No 63 s 42A(6) 1983 No 53 s 15
185: Breach of pre-incorporation contract
In proceedings against a company for breach of a pre-incorporation contract which has been ratified by the company, the court may, on the application of the company, any other party to the proceedings, or of its own motion, make such order for the payment of damages or other relief as the court considers just and equitable, in addition to or in substitution for any order which may be made against the company, against a person by whom the contract was made. 1955 No 63 s 42A(7) 1983 No 53 s 15
185A: Jurisdiction of District Court
1: The District Court has jurisdiction to exercise any power conferred by sections 182 to 185
a: the occasion for the exercise of the power arises in the course of civil proceedings properly before the court; or
b: the amount of the claim or the value of the property or relief claimed or in issue is not more than $350,000; or
c: the parties agree, in accordance with section 81
2: For the purposes of sections 86 to 88 sections 182 to 185 Section 185A replaced 1 March 2017 section 261 District Court Act 2016 Registered office
186: Registered office
1: A company must always have a registered office in New Zealand.
2: Subject to section 187
3: The description of the registered office must—
a: state the address of the registered office; and
b: if the registered office is at the offices of any firm of
i: that the registered office of the company is at the offices of that firm or person; and
ii: particulars of the location in any building of those offices; or
c: if the registered office is not at the offices of any such firm or person but is located in a building occupied by persons other than the company, state particulars of its location in the building. 1955 No 63 s 115(1) Section 186(3)(b) amended 1 July 2015 section 17 Financial Reporting Amendment Act 2014
187: Change of registered office
1: Subject to the company's constitution and to subsection (3), the board of a company may change the registered office of the company at any time.
2: Notice in the prescribed form of the change must be given to the Registrar for registration.
3: The change in the registered office takes effect on a date stated in the notice not being a date that is earlier than 5 working days after the notice is registered. 1955 No 63 s 115(3)
188: Requirement to change registered office
1: Subject to this section, a company must change its registered office if it is required to do so by the Registrar.
2: The Registrar may require a company to change its registered office by notice in writing delivered or sent to the company at its registered office.
3: The notice must—
a: state that the company is required to change its registered office by a date stated in the notice, not being a date that is earlier than 20 working days after the date of the notice:
b: state the reasons for requiring the change:
c: state that the company has the right to appeal to the court under section 370
d: be dated and signed by the Registrar.
4: A copy of the notice must also be sent to each director of the company.
5: The company must change its registered office—
a: by the date stated in the notice; or
b: if it appeals to the court and the appeal is dismissed, within 5 working days after the decision of the court.
6: If a company fails to comply with this section, every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(1) 1955 No 63 s 115A 1975 No 137 s 12 Company records
189: Company records
1: Subject to subsection (3) and to section 88 section 195
a: the constitution of the company:
b: minutes of all meetings and resolutions of shareholders within the last 7
c: an interests register:
d: minutes of all meetings and resolutions of directors and directors' committees within the last 7
e: certificates given by directors under this Act within the last 7
f: the full names and addresses of the current directors:
g: copies of all written communications to all shareholders or all holders of the same class of shares during the last 7 section 208
h: copies of all financial statements and group financial statements required to be completed by this Act or any other enactment for the last 7 completed accounting periods of the company:
i: the accounting records required by section 194 7
j: the share register.
2: The references in paragraphs (b), (d), (e), and (g) of subsection (1) to 7 7
3: The records referred to in paragraphs (a) to (i)
4: If any records are not kept at the registered office of the company, or the place at which they are kept is changed, the company must ensure that within 10 working days of their first being kept elsewhere or moved, as the case may be, notice is given to the Registrar for registration of the places where the records are kept.
5: If a company fails to comply with subsection (1) or subsection (4),—
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(2)
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2) Section 189(1)(b) amended 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 189(1)(d) amended 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 189(1)(e) amended 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 189(1)(g) amended 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 189(1)(h) replaced 1 April 2014 section 29 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 189(1)(i) amended 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 189(2) amended 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 189(3) amended 1 July 1994 Companies Act 1993 Amendment Act 1994
190: Form of records
1: The records of a company must be kept—
a: in written form; or
b: in a form or in a manner that allows the documents and information that comprise the records to be easily accessible and convertible into written form.
2: The board must ensure that adequate measures exist to—
a: prevent the records being falsified; and
b: detect any falsification of them.
3: If the board fails to comply with subsection (2), every director commits an offence and is liable on conviction to the penalty set out in section 374(2) 1955 No 63 s 459(2)
191: Inspection of records by directors
1: Subject to subsection (2), every director of a company is entitled, on giving reasonable notice, to inspect the records of the company—
a: in written form; and
b: without charge; and
c: at a reasonable time specified by the director.
2: The court may, on application by the company, if it is satisfied that—
a: it would not be in the company's interests for a director to inspect the records; or
b: the proposed inspection is for a purpose that is not properly connected with the director's duties,— direct that the records need not be made available for inspection or limit the inspection of them in any manner it thinks fit. Address for service
192: Address for service
1: A company must have an address for service in New Zealand.
2: The address for service may be the company's registered office or another place, but it must not be at a postal centre or document exchange.
3: A company's address for service at any particular time is the address that is described as its address for service in the New Zealand register at that time.
4: The description of the address for service must state that it is at the registered office of the company, or if it is at another place, must—
a: state the address of that place; and
b: if the address for service is at the offices of any firm of
i: that the address for service of the company is at the offices of that firm or person; and
ii: particulars of the location in any building of those offices; or
c: if the address for service is not at the offices of any such firm or person but is located in a building occupied by persons other than the company, state particulars of its location in the building. Section 192(4)(b) amended 1 July 2015 section 17 Financial Reporting Amendment Act 2014
193: Change of address for service
1: Subject to the company's constitution and to subsection (3), the board of a company may change the address for service of the company at any time.
2: Notice in the prescribed form of the change must be given to the Registrar for registration.
3: A change of address for service takes effect on a date stated in the notice, not being a date that is earlier than 5 working days after the notice is registered.
193A: Rectification or correction of address for service
1: This section applies if the address for service of a company is rectified or corrected under section 360A section 360B
2: The rectification or correction takes effect at the time that the rectification or correction is made to the New Zealand register. Section 193A inserted 15 April 2004 section 9 Companies Amendment Act (No 2) 2004
11: Accounting records and financial reporting
Part 11 replaced 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
1: Accounting records
Subpart 1 heading inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
194: Accounting records must be kept
1: The board of a company must ensure that there are kept at all times accounting records that—
a: correctly record the transactions of the company; and
b: will enable the company to ensure that the financial statements or group financial statements of the company comply with generally accepted accounting practice (if the company is required to prepare such statements under this Act or any other enactment); and
c: will enable the financial statements or group financial statements of the company to be readily and properly audited (if those statements are required to be audited).
1A: For the purpose of subsection (1), the transactions of the company include any transaction that constitutes an act of the type described in section 105C(3)
2: The board of a company must establish and maintain a satisfactory system of control of its accounting records.
3: The accounting records must be kept—
a: in written form in English; or
b: in a form or manner in which they are easily accessible and convertible into written form in English.
4: If the board of a company fails to comply with the requirements of this section, every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(3) Section 194 replaced 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 194(1A) inserted 7 November 2015 section 4 Companies Amendment Act 2015
195: Place accounting records to be kept
1: A company need not keep its accounting records in New Zealand.
2: If the records are not kept in New Zealand,—
a: the company must ensure that accounts and returns for the operations of the company that satisfy the following requirements are sent to, and kept at, a place in New Zealand:
i: the accounts and returns must enable the preparation of the company's financial statements or group financial statements required by this Act or any other enactment; and
ii: the accounts and returns must enable the preparation of any other document required by this Act; and
b: notice of the place where the accounting records and the accounts and returns required under paragraph (a) are kept must be given to the Registrar.
3: If a company fails to comply with subsection (2),—
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(2)
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2) Section 195 replaced 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
2: Financial reporting
Subpart 2 heading inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
196: Overview
1: This subpart imposes financial reporting requirements on—
a: every large company; and
b: every large overseas company that carries on business in New Zealand; and
c: every other company with 10 or more shareholders (unless the shareholders of the company opt out of compliance); and
d: every other company with fewer than 10 shareholders if shareholders of the company holding at least 5% of the voting shares require the company to comply.
2: This section is only a guide to the general scheme and effect of this subpart. Section 196 replaced 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
197: Non-application of subpart if alternative financial reporting duties under financial markets legislation
This subpart does not apply to a company or an overseas company in relation to an accounting period if financial statements of the company or overseas company, or group financial statements of the group that comprises the company or overseas company and its subsidiaries, are required to be prepared for that period under subpart 3 section 55 Financial Reporting Act 2013 Section 197 replaced 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
198: Interpretation
In this subpart,— group large company section 45 Financial Reporting Act 2013 large overseas company
a: carries on business in New Zealand within the meaning of section 332
b: is large under section 45 Financial Reporting Act 2013 public entity section 5 qualified auditor section 35 Financial Reporting Act 2013 subsidiary
a: means a subsidiary within the meaning of sections 5 to 8
b: includes, except in section 207D voting share
a: during a period in which a payment or distribution (or part of a payment or distribution) in respect of the share is in arrears or some other default exists:
b: on a proposal that affects rights attached to the share:
c: during the liquidation of the company:
d: in respect of a special, immaterial, or remote matter that is inconsequential to control of the company. Section 198 replaced 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
199: Determining number of shareholders
1: For the purposes of this subpart and section 208
2: Joint holders of a parcel of shares must be counted as a single shareholder. Example
ABC Limited has an accounting period of 1 April 2014 to 31 March 2015. ABC Limited is not large ( see At the close of 1 April 2014, 16 shareholders hold ordinary voting shares. (The company also has 12 shareholders who hold non-voting preference shares, but non-voting shares are not relevant to the calculation under this section). Two of those shareholders hold their parcel of ordinary voting shares jointly. These shareholders are counted as a single shareholder. For the purposes of this subpart and section 208, ABC Limited has 15 shareholders in relation to the 1 April 2014 to 31 March 2015 period. This means that it must prepare financial statements, have those statements audited, and prepare an annual report unless it opts out of compliance under section 207I. Section 199 replaced 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013 Preparation of financial statements Heading inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
200: Application of preparation provisions
1: Sections 201 202
a: every large company; and
b: every company that is a public entity; and
c: every large overseas company; and
d: every other company with 10 or more shareholders unless the company has opted out of compliance with the provision in accordance with section 207I
e: every other company with fewer than 10 shareholders if the company has opted into compliance with the provision in accordance with section 207K
2: However, section 201 see section 202
3: Further, section 201 A
a: on the balance date, A has no subsidiaries but is a subsidiary of a body corporate ( B
i: incorporated in New Zealand; or
ii: registered or deemed to be registered under Part 18
b: group financial statements in relation to a group comprising B, A, and all other subsidiaries of B that comply with generally accepted accounting practice are completed in relation to the balance date under this Act or any other enactment; and
c: A has not opted into compliance with section 201 Section 200 replaced 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 200(3) inserted 30 May 2017 section 20 Regulatory Systems (Commercial Matters) Amendment Act 2017
201: Financial statements must be prepared
Every company or overseas company to which this section applies ( A
a: completed in relation to A and that balance date; and
b: dated and signed on behalf of A by 2 directors of A, or, if A has only 1 director, by that director. 1993 No 106 ss 10(1) 11(1) Section 201 replaced 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
202: Group financial statements must be prepared
1: Every company or overseas company to which this section applies ( A
a: completed in relation to that group and that balance date; and
b: dated and signed on behalf of A by 2 directors of A, or, if A has only 1 director, by that director.
2: Group financial statements are not required under subsection (1) in relation to a balance date if,—
a: on the balance date, A is a subsidiary of a body corporate ( B
i: incorporated in New Zealand; or
ii: registered or deemed to be registered under Part 18
b: group financial statements in relation to a group comprising B, A, and all other subsidiaries of B that comply with generally accepted accounting practice are completed in relation to that balance date under this Act or any other enactment; and
c: A has not opted into compliance with this section as referred to in section 200(1)(e) 1993 No 106 ss 13(1) 14(1) Section 202 replaced 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 202(2) replaced 30 May 2017 section 21 Regulatory Systems (Commercial Matters) Amendment Act 2017
203: Recognition of financial reporting requirements of overseas countries
1: Subsection (2) applies if the Registrar notifies an A
a: the financial statements of A comply with the requirements of the law in force in the country where A is incorporated or constituted; and
b: those requirements are—
i: substantially the same as those of this Act; or
ii: sufficiently equivalent, in relation to the quality of financial reporting they achieve, to the requirements of this Act.
2: The financial statements must be treated as complying with generally accepted accounting practice.
3: Subsection (4) applies if the Registrar notifies an A
a: the group financial statements of the group that comprises A and its subsidiaries comply with the law in force in the country where A is incorporated or constituted; and
b: those requirements are—
i: substantially the same as those of this Act; or
ii: sufficiently equivalent, in relation to the quality of financial reporting they achieve, to the requirements of this Act.
4: The group financial statements must be treated as complying with generally accepted accounting practice. 1993 No 106 ss 11(3) 14(5 Section 203 replaced 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 203(1) amended 30 May 2017 section 22 Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 203(3) amended 30 May 2017 section 22 Regulatory Systems (Commercial Matters) Amendment Act 2017
204: Financial statements for overseas company must include financial statements for large New Zealand business
1: If an overseas company is required to prepare financial statements under section 201
2: If an overseas company is required to prepare group financial statements under section 202
3: In this section, the New Zealand business or the group's New Zealand business is large
a: as at the balance date of each of the 2 preceding accounting periods, the total assets of the business exceed $22 million
b: in each of the 2 preceding accounting periods, the total revenue of the business exceeds $11 million
4: A financial reporting standard (or a part of a standard) issued by the External Reporting Board that is expressed as applying for the purposes of subsection (3) must be applied in determining whether that provision applies.
5: If an overseas company has been granted an exemption under section 207L section 201 section 202 1993 No 106 ss 8(2) 9(2) Section 204 replaced 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 204(3)(a) amended 1 January 2022 regulation 9(1) Financial Reporting (Inflation Adjustments) Regulations 2021 Section 204(3)(b) amended 1 January 2022 regulation 9(2) Financial Reporting (Inflation Adjustments) Regulations 2021
205: Balance date of subsidiaries
1: The board of a company or an overseas company that is required to comply with section 202
2: If the balance date of a subsidiary of a company or an overseas company referred to in subsection (1) is not the same as that of the company, the balance date of the subsidiary for the purposes of any particular group financial statements must be a date that precedes the balance date of the company. 1993 No 106 s 7(7), (11) Section 205 replaced 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013 Audit of financial statements Heading inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
206: Application of audit requirement
1: Section 207
a: every large company unless subsection (2) applies; and
b: every company that is a public entity; and
c: every large overseas company unless subsection (3) applies; and
d: every company with 10 or more shareholders unless the company has opted out of compliance with that section in accordance with section 207I
e: every company with fewer than 10 shareholders if the company has opted into compliance with the section in accordance with section 207K
2: Subsection (1)(a) does not apply to a large company ( A section 207 section 207J
3: Subsection (1)(c) does not apply to a large overseas company ( B
a: financial statements or group financial statements are prepared in respect of B under section 201 202
b: section 204
c: under the law in force in the country where B is incorporated or constituted,—
i: qualifying financial statements are required to be prepared in respect of B in relation to the balance date; but
ii: the qualifying financial statements so prepared are not required to be audited.
4: In subsection (3)(c), qualifying financial statements Section 206 replaced 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 206(1)(c) replaced 30 May 2017 section 23(1) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 206(2) replaced 30 May 2017 section 23(2) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 206(3) inserted 30 May 2017 section 23(3) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 206(4) inserted 30 May 2017 section 23(3) Regulatory Systems (Commercial Matters) Amendment Act 2017
207: Financial statements must be audited
1: Every company or overseas company to which this section applies ( A section 201 202 204
2: See sections 37 to 39 Financial Reporting Act 2013 Section 207 replaced 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207A: Audit must be carried out in accordance with auditing and assurance standards
1: An auditor must, in carrying out an audit for the purposes of section 207
2: Subsection (3) applies if the Registrar notifies a large overseas company ( A overseas standards
a: substantially the same as the applicable auditing and assurance standards referred to in subsection (1); or
b: sufficiently equivalent, in relation to the quality of auditing they achieve, to the applicable auditing and assurance standards referred to in subsection (1).
3: The auditor of A's financial statements or group financial statements may, in carrying out the audit of those statements and in preparing the auditor's report, comply with the overseas standards instead of the applicable auditing and assurance standards.
4: This section does not apply to a company that is a public entity. Section 207A inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207B: Auditor must report to shareholders
1: The auditor of a company must make a report to the shareholders on the financial statements or group financial statements audited by the auditor.
2: The auditor's report must comply with the requirements of all applicable auditing and assurance standards.
3: Subsection (2) is subject to section 207A(3) Section 207B inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207C: Auditor's report must be sent to Registrar and External Reporting Board if requirements have not been complied with
If the auditor's report indicates that the requirements of this Act have not been complied with, the auditor must, within 7 working days after signing the report, send a copy of the report and a copy of the financial statements or group financial statements to which it relates to the Registrar and the External Reporting Board. 1993 No 106 s 16(2) Section 207C inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013 Registration of financial statements of overseas companies and other companies with significant overseas ownership Heading inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207D: Application of registration provisions
1: Section 207E
a: every large overseas company:
b: every large company in which shares that in aggregate carry the right to exercise or control the exercise of 25% or more of the voting power at a meeting of the company are held by—
i: a subsidiary of a body corporate incorporated outside New Zealand; or
ii: a body corporate incorporated outside New Zealand; or
iii: a person not ordinarily resident in New Zealand.
2: However, section 207E A
a: A is a subsidiary of a body corporate ( B
i: incorporated in New Zealand; or
ii: registered or deemed to be registered under Part 18
b: group financial statements in relation to a group comprising B, A, and all other subsidiaries of B that comply with generally accepted accounting practice are completed and signed within the time specified in section 202
c: a copy of the group financial statements referred to in paragraph (b) and a copy of the auditor's report on those statements are delivered for registration under this Act or for lodgement under another Act.
3: For the purposes of subsection (1), a person is ordinarily resident in New Zealand
a: is domiciled in New Zealand; or
b: is living in New Zealand and the place where that person usually lives, and has been living for the immediately preceding 12 months, is in New Zealand, whether or not that person has on occasions been away from New Zealand during that 12-month period. 1993 No 106 s 19(1), (2) Section 207D inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 207D(2)(a) replaced 30 May 2017 section 24 Regulatory Systems (Commercial Matters) Amendment Act 2017
207E: Financial statements must be registered
1: A company or an overseas company to which this section applies must ensure that, within 5 months after the balance date of the company or overseas company, copies of its financial statements or group financial statements completed in relation to that balance date under section 201 202 204 (if any)
2: The company or overseas company must, when the financial statements or group financial statements are registered, pay to the Registrar the prescribed registration fee (if any).
3: Any person may, on payment of the prescribed fee (if any), inspect the copies of the financial statements, group financial statements, and auditor's report on those statements delivered to the Registrar under this section. 1993 No 106 s 19(3) Section 207E inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 207E(1) amended 30 May 2017 section 25 Regulatory Systems (Commercial Matters) Amendment Act 2017 Shareholders may request copy of financial statements prepared for tax purposes Heading inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207F: Shareholders may request copy of financial statements prepared for tax purposes
1: This section applies if—
a: neither financial statements in relation to a company nor group financial statements in relation to a company's group are prepared under this Act or Part 7
b: financial statements in relation to the company, or group financial statements in relation to its group, are prepared under, or for the purposes of, any of the Inland Revenue Acts (as defined in section 3(1)
2: A shareholder of the company may at any time make a written request to the company for a copy of the financial statements or group financial statements (or both) referred to in subsection (1)(b).
3: The company must, within 10 working days of receiving a request under subsection (2), provide, free of charge, a copy of the financial statements or group financial statements (or both) to the shareholder together with a copy of the auditor's report on those statements (if any). Section 207F inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013 Financial reporting offences Heading inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207G: Financial reporting offences
1: This section applies if—
a: a company or an overseas company is required to comply with section 201
i: are not completed and signed within the time specified in that section; or
ii: fail to comply with an applicable financial reporting standard; or
b: a company or an overseas company is required to comply with section 202
i: are not completed and signed within the time specified in that section; or
ii: fail to comply with an applicable financial reporting standard; or
c: an overseas company is required to comply with section 204
i: are not completed and signed within 5 months after the balance date of the overseas company; or
ii: fail to comply with an applicable financial reporting standard; or
d: a company or an overseas company fails to comply with section 207
e: a company or an overseas company fails to comply with section 207E
f: a company fails to comply with section 207F
2: The company or overseas company commits an offence and is liable on conviction to a fine not exceeding $50,000.
3: Every director of the company or overseas company commits an offence and is liable on conviction to the penalty set out in section 374(3)
4: See section 376(2) 1993 No 106 ss 36 38 39 Section 207G inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013 Provisions relating to opting out and opting in Heading inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207H: Period during which company may opt in or opt out
In sections 207I to 207K opting period section 207I(3) 207J(3) 207K(2)
a: the date that is 6 months after the start of the accounting period:
b: the date of the annual meeting to be held in the accounting period:
c: in the case of an accounting period that is shorter than 6 months (as a result of the date of the registration of the company or a change of the balance date of the company), the balance date of the period. Section 207H inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207I: Companies with 10 or more shareholders may opt out
1: This section applies to a company with 10 or more shareholders.
2: However, this section does not apply—
a: if the constitution of the company expressly provides that this section does not apply; or
b: if the company is a large company or a public entity.
3: The shareholders of the company may, at a meeting of shareholders held within the opting period, opt out of compliance with 1 or more of the following provisions in relation to the accounting period by way of a resolution approved by not less than 95% of the votes of those shareholders entitled to vote and voting on the question:
a: sections 201 202
b: section 207
c: section 208
4: If the shareholders opt out of compliance with a provision in relation to an accounting period under this section, the provision does not apply to the company in relation to that period. Example
ABC Limited has an accounting period of 1 April 2014 to 31 March 2015. ABC Limited is not a large company in relation to that period ( see Under section 199, it has 15 shareholders. The opting period ends no later than the close of the date of the annual meeting to be held in that period. At the annual meeting, a resolution to opt out of the preparation provisions (sections 201 and 202) is passed by a 95% majority. Accordingly, ABC Limited does not have to prepare financial statements for that period (section 207, which relates to auditing, also does not apply because financial statements are not required to be prepared). Section 207I inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207J: Large companies may opt out of audit requirement
1: This section applies to a large company.
2: However, this section does not apply if—
a: the constitution of the company expressly provides that this section does not apply; or
b: the company is a public entity; or
c: the company is required to register financial statements under section 207E
3: The shareholders of the company may, at a meeting of shareholders held within the opting period, opt out of compliance with section 207
4: If the shareholders opt out of compliance with section 207 Section 207J inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207K: Companies with fewer than 10 shareholders may opt in
1: This section applies to a company (other than a large company) with fewer than 10 shareholders.
2: A shareholder of the company who holds, or shareholders of the company who together hold, not less than 5% of the voting shares may, by written notice given to the company within the opting period but not later than 5 working days before the end of that period, require the company to comply with 1 or more of the following provisions in relation to the accounting period:
a: section 201 202
b: section 207
c: section 208
3: If a notice is given under subsection (2) in relation to a provision and an accounting period, the provision applies to the company in relation to that period. Section 207K inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013 Registrar may grant exemptions to overseas companies Heading inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207L: Registrar may grant exemptions to overseas companies
1: The Registrar may sections 201 202 207 207E
2: The Registrar must not grant an exemption under this section unless he or she is satisfied that—
a: compliance with the relevant provision would require the overseas company to comply with requirements that are unduly onerous or burdensome; and
b: financial reporting requirements must be complied with in relation to the overseas company under the law in force in the country where the overseas company is incorporated or constituted and that those requirements are satisfactory; and
c: the extent of the exemption is not broader than what is reasonably necessary to address the matters that gave rise to the exemption.
3: The exemption may be granted on any terms and conditions that the Registrar thinks fit.
4: The Registrar may vary or revoke an exemption in the same way as an exemption may be granted under this section.
5: An exemption under this section is secondary legislation ( see Part 3
6: The Registrar’s reasons for granting the exemption (including why it is appropriate) must be published with the exemption. 1993 No 106 s 35B(1)–(3), (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 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 • comply with subsection (6) 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 207L inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 207L(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 207L(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 207L(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
207M: Publication and status of exemptions
Section 207M repealed 28 October 2021 section 3 Secondary Legislation Act 2021
207N: Consultation
In deciding whether or not to grant, amend, or revoke an exemption under section 207L
a: may consult with any persons or organisations that the Registrar thinks fit; but
b: must consult with the Commissioner of Inland Revenue if the exemption involves any provision of section 201 202 1993 No 106 s 35C Section 207N inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207O: Exemption may apply to accounting period before exemption is granted
An exemption under section 207L section 207E 1993 No 106 s 35D Section 207O inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
3: Miscellaneous auditing provisions
Subpart 3 inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207P: Auditor must be appointed if financial statements must be audited
1: This section applies to a company in relation to an accounting period if financial statements or group financial statements of the company for that period are required to be audited under this Act, the Financial Markets Conduct Act 2013
2: A company must, at the annual meeting held in the accounting period referred to in subsection (1), appoint a qualified auditor to—
a: hold office from the conclusion of the meeting until the conclusion of the next annual meeting; and
b: audit the financial statements or group financial statements referred to in subsection (1).
3: However, if a company is a public entity, the Auditor-General is its auditor in accordance with that Act and subsection (2) does not apply.
4: The first auditor of a company may be appointed by the directors of the company before the first annual meeting, and, if so appointed, holds office until the conclusion of that meeting. Section 207P inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207Q: Registrar may appoint auditor
1: The Registrar may appoint an auditor if,—
a: at an annual meeting of a company, no auditor is appointed or reappointed as required by section 207P
b: a casual vacancy in the office of auditor is not filled within 1 month of the vacancy occurring and the company is required to comply with section 207P
2: A company must, within 5 working days of the power becoming exercisable, give written notice to the Registrar of the fact that the Registrar is entitled to appoint an auditor under this section.
3: If a company fails to comply with subsection (2),—
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(2)
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2) Section 207Q inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207R: Resignation and casual vacancy
1: An auditor may resign at any time by giving written notice to the board of the company, and the company must, as soon as practicable, notify its shareholders of the auditor's resignation.
2: If a company fails to comply with subsection (1),—
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(2)
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2)
3: The board of a company may fill any casual vacancy in the office of auditor, but while the vacancy remains the surviving or continuing auditor, if any, may continue to act as auditor. Section 207R inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 207R(2) replaced 11 September 2014 section 59 Companies Amendment Act 2014
207S: Auditor's fees and expenses
The fees and expenses of an auditor of a company must be fixed,—
a: if the auditor is appointed at a meeting of the company, by the company at the meeting or in the manner that the company determines at the meeting:
b: if the auditor is appointed by the directors, by the directors:
c: if the auditor is appointed by the Registrar, by the Registrar:
d: if the auditor is the Auditor-General, in accordance with the Public Audit Act 2001 Section 207S inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207T: Automatic reappointment
1: An auditor of a company, other than an auditor appointed under section 207P(4)
a: the auditor is not a qualified auditor; or
b: the company passes a resolution at the meeting appointing another person to replace him or her as auditor; or
c: the company is not required to appoint an auditor at the meeting ( see section 207P
d: the auditor has given notice to the company that the auditor does not wish to be reappointed.
2: An auditor is not automatically reappointed if the person who it is proposed will replace the auditor dies, or is or becomes incapable of, or disqualified from, appointment. Section 207T inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207U: Replacement of auditor
1: A company must not appoint a new auditor in the place of an auditor who is a qualified auditor, unless—
a: at least 20 working days' written notice of a proposal to do so has been given to the auditor; and
b: the auditor has been given a reasonable opportunity to make representations to the shareholders on the appointment of another person either in writing or by the auditor or the auditor's representative speaking at a shareholders' meeting (whichever the auditor may choose).
2: The auditor is entitled to be paid by the company reasonable fees and expenses for making the representations to shareholders. Section 207U inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207V: Auditor not seeking reappointment or resigning
1: If an auditor gives the board of a company written notice that the auditor does not wish to be reappointed or of the auditor's resignation, the board must, if requested to do so by that auditor,—
a: distribute, as soon as practicable, to all shareholders, at the expense of the company, a written statement of the auditor's reasons for the auditor's wish not to be reappointed or for the auditor's resignation; or
b: permit the auditor or the auditor's representative to explain at a shareholders' meeting the reasons for wishing not to be reappointed or for resigning.
2: An auditor is entitled to be paid by the company reasonable fees and expenses for making the representations to shareholders. Section 207V inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207W: Auditor's attendance at shareholders' meeting
1: The board of a company must ensure that an auditor of the company—
a: is permitted to attend a meeting of shareholders of the company; and
b: receives the notices and communications that a shareholder is entitled to receive that relate to a meeting of shareholders; and
c: may be heard at a meeting of shareholders that the auditor attends on any part of the business of the meeting that concerns the auditor as auditor.
2: If the board of a company fails to comply with subsection (1), every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2) Section 207W inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
4: Infringement offence for failing to register financial statements
Subpart 4 inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207X: Interpretation in this subpart
In this subpart,— infringement fee infringement notice section 207Z infringement offence section 207G(2) or (3) section 207G(1)(e) Section 207X inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207Y: Infringement offences
1: If a person is alleged to have committed an infringement offence, that person may—
a: be proceeded against by filing a charging document under section 14
b: be served with an infringement notice as provided in section 207Z
2: Proceedings commenced in the way described in subsection (1)(a) do not require leave of a District Court Judge or Registrar under section 21(1)(a) Section 207Y inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207Z: Infringement notices
1: The Registrar may issue an infringement notice to a person if the Registrar believes on reasonable grounds that the person is committing, or has committed, an infringement offence.
2: The Registrar may revoke an infringement notice before the infringement fee is paid, or before an order for payment of a fine is made or deemed to be made by a court under section 21
3: An infringement notice is revoked by giving written notice to the person to whom it was issued that the notice is revoked. Section 207Z inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207ZA: Procedural requirements for infringement notices
1: An infringement notice may be served on a person—
a: by delivering it, or a copy of it, personally to the person who appears to have committed the infringement offence; or
b: by sending it, or a copy of it, by post, addressed to the person at the person's last known place of residence or business.
2: An infringement notice sent under subsection (1)(b) must be treated as having been served on the person on the date it was posted.
3: An infringement notice must be in the prescribed form and must contain—
a: details of the alleged infringement offence that are sufficient to fairly inform a person of the time, place, and nature of the alleged infringement offence; and
b: the amount of the infringement fee; and
c: an 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 a right to request a hearing; and
g: a statement of what will happen if the person served with the notice does not pay the fee and does not request a hearing; and
h: any other prescribed matters.
4: If an infringement notice has been issued, proceedings in respect of the infringement offence to which the notice relates may be commenced in accordance with section 21
a: reminder notices may be prescribed under regulations made under this Act; and
b: in all other respects, section 21
5: Reminder notices must contain the prescribed information. Section 207ZA inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
207ZB: Payment of infringement fee
The Registrar must pay all infringement fees received into a Crown Bank Account. Section 207ZB inserted 1 April 2014 section 30 Financial Reporting (Amendments to Other Enactments) Act 2013
12: Disclosure by companies
Disclosure to shareholders
208: Obligation to prepare annual report
1: This section applies to—
a: every large company (within the meaning of section 198
b: every company that is a public entity; and
c: every company that is required to prepare financial statements or group financial statements under Part 7 section 55 Financial Reporting Act 2013
d: every company with 10 or more shareholders unless the company has opted out of compliance with this section in accordance with section 207I
e: every company with fewer than 10 shareholders if the company has opted into compliance with this section in accordance with section 207K
2: The board of every company to which this section applies must, within 5 months after the balance date of the company, prepare an annual report on the affairs of the company during the accounting period ending on that date.
3: If the board of a company fails to comply with subsection (2), every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2)
4: However, the board of a large company (within the meaning of section 198
a: the company is not required to prepare any financial statements or group financial statements for the accounting period under Part 11 Part 7
b: shareholders who together hold at least 95% of the voting shares (within the meaning of section 198 Section 208 replaced 1 April 2014 section 31 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 208(4) inserted 30 May 2017 section 26 Regulatory Systems (Commercial Matters) Amendment Act 2017
209: Obligation to make annual report available to shareholders
1: The board of a company must send to every shareholder of the company
a: a copy of the annual report; or
b: a notice containing the statements specified in subsection (3).
1AA: The copy of the annual report or the notice referred to in subsection (1)(b) must be sent—
a: not less than 20 working days before the date fixed for holding the annual meeting of shareholders; or
b: if, under section 120(5) 122(4)
1A: Subsection (1) does not apply if the annual report is not required to be prepared under section 208
2: Subsection (1) is subject to section 212
3: The notice referred to in subsection (1)(b) must contain—
a: a statement to the effect that the shareholder has a right to receive from the company, free of charge, a copy of the annual report if the shareholder, within 15 working days of receiving the notice, makes a request to the company to receive a copy of the annual report; and
b: a statement to the effect that the shareholder may obtain a copy of the annual report by electronic means; and
c: a statement as to how the shareholder may obtain a copy of the annual report by electronic means (for example, from a specified website address); and
d: if report,
iaaa: that the board of the company has prepared, in relation to the same accounting period as the annual report, a concise annual report; and
i: to the effect that the shareholder has a right to receive from the company, free of charge, a copy of the concise annual report if the shareholder, within 15 working days of receiving the notice, makes a request to the company to receive a copy of the concise annual report; and
ii: to the effect that the shareholder may obtain a copy of the concise annual report by electronic means; and
iii: as to how the shareholder may obtain a copy of the concise annual report by electronic means (for example, from a specified website address).
4: The notice referred to in subsection (1)(b) may be accompanied by any additional information or documentation that the board of the company thinks fit.
5: For the purposes of this section and sections 209A 209B
a: in relation to a company that has, on the balance date of the company, no subsidiaries,—
i: financial statements for the accounting period that comply with generally accepted accounting practice and any auditor's report on those financial statements; or
ii: summary financial statements for the accounting period that comply with generally accepted accounting practice:
b: in relation to a company that has, on the balance date of the company, 1 or more subsidiaries,—
i: group financial statements for the accounting period that comply with generally accepted accounting practice and any auditor's report on those group financial statements; or
ii: summary financial statements for the accounting period, prepared in relation to the group comprising the company and its subsidiaries, that comply with generally accepted accounting practice.
6:
7: If the board of a company fails to comply with this section, every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2) Section 209 replaced 18 June 2007 section 7 Companies Amendment Act (No 2) 2006 Section 209(1) amended 30 May 2017 section 27(1) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 209(1AA) inserted 30 May 2017 section 27(2) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 209(1A) inserted 1 April 2014 section 32(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 209(3)(d) amended 30 May 2017 section 27(3) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 209(3)(d) amended 30 May 2017 section 27(4) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 209(3)(d)(iaaa) inserted 30 May 2017 section 27(5) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 209(5) replaced 1 April 2014 section 32(2) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 209(6) repealed 1 April 2014 section 32(2) Financial Reporting (Amendments to Other Enactments) Act 2013
209A: Board must send copy of annual report or concise annual report on request
1: If the board of a company has sent a notice to a shareholder under section 209(1)(b)
2: If a shareholder makes a request under subsection (1),—
a: the request must be treated as a request by the shareholder to send to the shareholder each year a copy of the annual report under section 209(1)(a)
b: the board of the company must send to the shareholder each year a copy of the annual report under section 209(1)(a)
2A: Subsection (2) does not require a company to send a copy of an annual report on the affairs of the company during a particular accounting period if the board of the company is not required to comply with section 208
3: Subsection (4) applies if—
a: the board of a company has sent a notice to a shareholder under section 209(1)(b)
b: that notice states that the board has prepared a concise annual report; and
c: the shareholder, within 15 working days of receiving that notice, makes a request to the company to receive a copy of the concise annual report.
4: The board of the company must send to the shareholder a copy of the concise annual report, free of charge, as soon as practicable after receiving the request.
5: If the board of a company fails to comply with this section, every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2) Section 209A inserted 18 June 2007 section 7 Companies Amendment Act (No 2) 2006 Section 209A(2A) inserted 1 April 2014 section 33 Financial Reporting (Amendments to Other Enactments) Act 2013
209B: Annual report and concise annual report made available by electronic means
1: If the board of a company has sent a notice to a shareholder under section 209(1)(b)
a: a copy of the annual report is available in the manner described in the notice under section 209(3)(c)
b: the manner described in the notice under section 209(3)(c)
2: If the board of a company has sent a notice to a shareholder under section 209(1)(b)
a: ensure that a copy of the concise annual report is available in the manner described in the notice under section 209(3)(d)(iii)
b: ensure that the manner described in the notice under section 209(3)(d)(iii)
3: If the board of a company fails to comply with this section, every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2) Section 209B inserted 18 June 2007 section 7 Companies Amendment Act (No 2) 2006
209C: Alternative obligations for FMC reporting entities
1: This section applies, in respect of a company ( company A when, to whom, or the manner in which
2: If company A is an issuer of regulated products within the meaning of the FMC Act that is required to comply with those FMC regulations, sections 209 to 209B
3: If company A is not an issuer of regulated products within the meaning of the FMC Act that is required to comply with those FMC regulations, the board of the company may elect, in respect of an annual report, to comply with the FMC regulations instead of with sections 209 to 209B
4: If subsection (3) applies,—
a: if the board complies with the FMC regulations, there is no liability for breach of sections 209 to 209B
b: if the board fails to comply with the FMC regulations, every director is liable for a breach of sections 209 to 209B
5: In this section,— annual report
a: means a report prepared under section 208
b: includes a concise annual report (if any) FMC Act Financial Markets Conduct Act 2013 FMC regulations section 543(1)(e) and (ea) when, to whom, or the manner in which sections 96 97 FMC reporting entity section 451
6: Regulations may be made under section 543(1)(e) and (ea) Section 209C inserted 17 December 2016 section 24 Statutes Amendment Act 2016 Section 209C(1) amended 30 May 2017 section 28(1) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 209C(5) FMC regulations amended 30 May 2017 section 28(2) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 209C(5) FMC regulations amended 30 May 2017 section 28(3) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 209C(6) amended 30 May 2017 section 28(4) Regulatory Systems (Commercial Matters) Amendment Act 2017
210: Information for shareholders who elect not to receive annual report
Section 210 repealed 18 June 2007 section 8 Companies Amendment Act (No 2) 2006
211: Contents of annual report
1: Every annual report for a company must be in writing and be dated and, subject to subsection (3)
a: describe, so far as the board believes is material for the shareholders to have an appreciation of the state of the company's affairs and will not be harmful to the business of the company or of any of its subsidiaries, any change during the accounting period in—
i: the nature of the business of the company or any of its subsidiaries; or
ii: the classes of business in which the company has an interest, whether as a shareholder of another company or otherwise; and
b: include any financial statements or group financial statements for the accounting period that are required to be prepared under Part 11 Part 7
c: if an auditor's report is required under Part 11 Part 7
ca: if the company is required to prepare climate statements or group climate statements under section 461Z 461ZA section 461ZJ(2)
d:
e: state particulars of entries in the interests register made during the accounting period; and
f: state, in respect of each director or former director of the company, the total of the remuneration and the value of other benefits received by that director or former director from the company
g: state the number of employees or former employees of the company, not being directors of the company, who, during the accounting period, received remuneration and any other benefits in their capacity as employees, the value of which was or exceeded $100,000 per annum, and must state the number of such employees or former employees in brackets of $10,000; and
h: state the total amount of donations made by the company
i: state the names of the persons holding office as directors of the company as at the end of the accounting period and the names of any persons who ceased to hold office as directors of the company during the accounting period; and
j: state the amounts payable by the company to the person or firm holding office as auditor of the company as audit fees and, as a separate item, fees payable by the company for other services provided by that person or firm; and
k: be signed on behalf of the board by 2 directors of the company or, if the company has only 1 director, by that director.
2: A company that is required to include group financial statements in its annual report must include, in relation to its subsidiaries, the information specified in paragraphs (e)
3: The annual report of a company need not comply with any of paragraphs (a), and (e) to (j) of subsection (1), and subsection (2) if shareholders who together hold at least 95% of the voting shares (within the meaning of section 198
4: Section 211(1) amended 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 211(1)(b) replaced 1 April 2014 section 34(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 211(1)(c) replaced 1 April 2014 section 34(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 211(1)(ca) inserted 27 October 2022 section 55(2) Financial Sector (Climate-related Disclosures and Other Matters) Amendment Act 2021 Section 211(1)(d) repealed 3 June 1998 section 6(1)(a) Companies Amendment Act 1998 Section 211(1)(f) amended 3 June 1998 section 6(1)(b) Companies Amendment Act 1998 Section 211(1)(h) amended 3 June 1998 section 6(1)(c) Companies Amendment Act 1998 Section 211(2) amended 3 June 1998 section 6(2) Companies Amendment Act 1998 Section 211(3) replaced 3 June 1998 section 6(3) Companies Amendment Act 1998 Section 211(3) amended 1 April 2014 section 34(2) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 211(4) repealed 1 April 2014 section 34(3) Financial Reporting (Amendments to Other Enactments) Act 2013
211A: Obligations to prepare and make available annual reports or financial statements do not apply to non-active companies
Section 211A repealed 1 April 2014 section 35 Financial Reporting (Amendments to Other Enactments) Act 2013
212: Shareholders may elect not to receive documents
1: A
2: However, if a shareholder of a company purports to waive the right to receive both a copy of the annual report and a notice under section 209(1)(b)
a: the purported waiver is invalid; and
b: the board of the company must, in accordance with section 209(1)
3: Subsection (2)(b) does not apply if the board of the company is not required to comply with section 209(1) Section 212 amended 18 June 2007 section 10(1) Companies Amendment Act (No 2) 2006 Section 212(2) inserted 18 June 2007 section 10(2) Companies Amendment Act (No 2) 2006 Section 212(3) inserted 1 April 2014 section 36 Financial Reporting (Amendments to Other Enactments) Act 2013
213: Failure to disclose
Subject to the constitution of a company, the failure to send an annual report, notice, or other document to a shareholder in accordance with this Act does not affect the validity of proceedings at a meeting of the shareholders of the company if the failure to do so was accidental.
214: Annual return
1: The board of a company must ensure that there is delivered to the Registrar each year, for registration, during the month allocated to the company for the purpose, an annual return in the prescribed form or in a form the use of which by the company has been approved by the Registrar pursuant to subsection (8), or as near to it as circumstances allow, and containing as much of the information specified in Schedule 4
2: The annual return must be dated as at a day within the month during which the return is required to be delivered to the Registrar and the information required to be contained in it must be compiled as at that date.
3: The annual return must be signed by a director of the company or by a solicitor or qualified statutory accountant (within the meaning of section 5(1)
4: On registration of a company under Part 2
5: The Registrar may, by written notice to a company, alter the month allocated to the company under subsection (4).
6: Notwithstanding subsection (1),—
a: a company need not make an annual return in the calendar year of its registration:
b: a subsidiary may, with the written approval of the Registrar, make an annual return during the month allocated to its holding company instead of during the month allocated to it.
7: For the purposes of this section, prescribed Gazette
8: The Registrar may, on the application of any person, approve the use, by such company or companies as the Registrar may specify, of a form of annual return different from that prescribed, and may at any time revoke, in whole or in part, any such approval.
9: An annual return in a form approved under subsection (8) must contain all the prescribed information.
10: If the board of a company fails to comply with subsection (1) or subsection (2), every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2) 1955 No 63 ss 130, 131, 132 1975 No 137 s 13 1982 No 152 ss 8, 9, 10 Section 214(3) amended 1 July 2015 section 17 Financial Reporting Amendment Act 2014
214A: Registrar may alter New Zealand register
If the annual return contains—
a: an address of the registered office of the company; or
b: an address for service of the company; or
c: a postal address of the company— that is different from the address of the registered office, the address for service, or the postal address of the company entered on the New Zealand register, the Registrar may alter the New Zealand register accordingly. Section 214A inserted 3 June 1998 section 7 Companies Amendment Act 1998 Inspection of company records
215: Public inspection of company records
1: A company must keep the following records available for inspection in the manner prescribed in section 217
a: the certificate of incorporation or registration of the company:
b: the constitution of the company, if it has one:
c: the share register:
ca: the company's ultimate holding company information:
d: the full names and residential addresses of the directors:
e: the registered office and address for service of the company.
2: If a company fails to comply with subsection (1),—
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(2)
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2) Section 215(1)(ca) inserted 1 May 2015 section 14 Companies Amendment Act 2014
216: Inspection of company records by shareholders
1: In addition to the records available for public inspection, a company must keep the following records available for inspection in the manner prescribed in section 217
a: minutes of all meetings and resolutions of shareholders:
b: copies of written communications to all shareholders or to all holders of a class of shares during the preceding 10 years, including annual reports, financial statements, summary financial statements (if any),
c: certificates given by directors under this Act:
d: the interests register of the company.
2: If a company fails to comply with subsection (1),—
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(2)
b: every director of a company commits an offence and is liable on conviction to the penalty set out in section 374(2) Section 216(1)(b) amended 15 April 2004 section 14 Companies Amendment Act (No 2) 2004
217: Manner of inspection
1: Documents which may be inspected under section 215 section 216
2: In this section, the term inspection period
218: Copies of documents
1: A person may require a copy of, or extract from, a document which is available for inspection by him or her under section 215 section 216
a: within 5 working days after he or she has made a request in writing for the copy or extract; and
b: if he or she has paid a reasonable copying and administration fee prescribed by the company.
2: If a company fails to provide a copy of, or extract from, a document in accordance with a request under subsection (1),—
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(1)
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(1)
13: Amalgamations
219: Amalgamations
1: Except as provided in subsection (2), 2 or more
2: A code company may not amalgamate under sections 220 221 Section 219(1) amended 3 July 2014 section 28(1) Companies Amendment Act 2014 Section 219(2) inserted 3 July 2014 section 28(2) Companies Amendment Act 2014
220: Amalgamation proposal
1: An amalgamation proposal must set out the terms of the amalgamation, and in particular—
a: the name of the amalgamated company, if it is the same as the name of one of the amalgamating companies:
b: the registered office of the amalgamated company:
c: in relation to every director of the amalgamated company, his or her full name and the information required by section 12(2)(b)(ii) and (iii)
d: the address for service of the amalgamated company:
e: the share structure of the amalgamated company, specifying—
i: the number of shares of the company:
ii: the rights, privileges, limitations, and conditions attached to each share of the company, if different from those set out in section 36
ea: the ultimate holding company information of each of the amalgamating companies and of the amalgamated company:
f: the manner in which the shares of each amalgamating company are to be converted into shares of the amalgamated company:
g: if shares of an amalgamating company are not to be converted into shares of the amalgamated company, the consideration that the holders of those shares are to receive instead of shares of the amalgamated company:
h: any payment to be made to a shareholder or director of an amalgamating company, other than a payment of the kind described in paragraph (g):
i: details of any arrangement necessary to complete the amalgamation and to provide for the subsequent management and operation of the amalgamated company.
2: An amalgamation proposal may specify the date on which the amalgamation is intended to become effective.
3: If shares of one of the amalgamating companies are held by or on behalf of another of the amalgamating companies, the amalgamation proposal—
a: must provide for the cancellation of those shares without payment or the provision of other consideration when the amalgamation becomes effective:
b: must not provide for the conversion of those shares into shares of the amalgamated company. Section 220(1)(c) replaced 1 May 2015 section 15(1) Companies Amendment Act 2014 Section 220(1)(ea) inserted 1 May 2015 section 15(2) Companies Amendment Act 2014
221: Approval of amalgamation proposal
1: The board of each amalgamating company must resolve that—
a: in its opinion the amalgamation is in the best interest of the company; and
b: it is satisfied on reasonable grounds that the amalgamated company will, immediately after the amalgamation becomes effective, satisfy the solvency test.
2: The directors who vote in favour of a resolution required by subsection (1) must sign a certificate stating that, in their opinion, the conditions set out in that subsection are satisfied, and the grounds for that opinion.
3: The board of each amalgamating company must send to each shareholder of the company, not less than 20 working days before the amalgamation is proposed to take effect,—
a: a copy of the amalgamation proposal:
b: copies of the certificates given by the directors of each board:
c: a summary of the principal provisions of the constitution of the amalgamated company, if it has one:
d: a statement that a copy of the constitution of the amalgamated company will be supplied to any shareholder who requests it:
e: a statement setting out the rights of shareholders under section 110
f: a statement of any material interests of the directors in the proposal, whether in that capacity or otherwise:
g: such further information and explanation as may be necessary to enable a reasonable shareholder to understand the nature and implications for the company and its shareholders of the proposed amalgamation.
4: The board of each amalgamating company must, not less than 20 working days before the amalgamation is proposed to take effect,—
a: send a copy of the amalgamation proposal to every secured creditor of the company; and
b: give public notice of the proposed amalgamation, including a statement that—
i: copies of the amalgamation proposal are available for inspection by any shareholder or creditor of an amalgamating company or any person to whom an amalgamating company is under an obligation at the registered offices of the amalgamating companies and at such other places as may be specified during normal business hours; and
ii: a shareholder or creditor of an amalgamating company or any person to whom an amalgamating company is under an obligation is entitled to be supplied free of charge with a copy of the amalgamation proposal upon request to an amalgamating company.
5: The amalgamation proposal must be approved—
a: by the shareholders of each amalgamating company, in accordance with section 106
b: if a provision in the amalgamation proposal would, if contained in an amendment to an amalgamating company's constitution or otherwise proposed in relation to that company, require the approval of an interest group, by a special resolution of that interest group.
6: A director who fails to comply with subsection (2) commits an offence and is liable on conviction to the penalty set out in section 373(1)
222: Short form amalgamation
1: A company and 1 or more other companies that is or that are directly or indirectly wholly owned by it may amalgamate and continue as 1 company (being the company first referred to) without complying with section 220 section 221
a: the amalgamation is approved by a resolution of the board of each amalgamating company; and
b: each resolution provides that—
i: the shares of each amalgamating company, other than the amalgamated company, will be cancelled without payment or other consideration; and
ii: the constitution of the amalgamated company, if it has one, will be the same as the constitution of the company first referred to, if it has one; and
iii: the board is satisfied on reasonable grounds that the amalgamated company will, immediately after the amalgamation becomes effective, satisfy the solvency test ; and
iv: the person or persons named in the resolution will be the director or directors of the amalgamated company.
2: Two or more companies, each of which is directly or indirectly wholly owned by the same person section 220 section 221
a: the amalgamation is approved by a resolution of the board of each amalgamating company; and
b: each resolution provides that—
i: the shares of all but 1 of the amalgamating companies will be cancelled without payment or other consideration; and
ii: the constitution of the amalgamated company, if it has one, will be the same as the constitution of the amalgamating company whose shares are not cancelled, if it has one; and
iii: the board is satisfied on reasonable grounds that the amalgamated company will, immediately after the amalgamation becomes effective, satisfy the solvency test ; and
iv: the person or persons named in the resolution will be the director or directors of the amalgamated company.
3: The board of each amalgamating company must, not less than 20 working days before the amalgamation is proposed to take effect, give written notice of the proposed amalgamation to every secured creditor of the company.
4: The resolutions approving an amalgamation under this section, taken together, shall be deemed to constitute an amalgamation proposal that has been approved.
5: The directors who vote in favour of a resolution required by subsection (1) or subsection (2), as the case may be, must sign a certificate stating that, in their opinion, the condition set out in subsection (1)(b)(iii) or subsection (2)(b)(iii) is
6: A director who fails to comply with subsection (5) commits an offence and is liable on conviction to the penalty set out in section 373(1) Section 222(1)(b)(iii) amended 30 June 1997 section 16(1) Companies Act 1993 Amendment Act 1997 Section 222(1)(b)(iv) inserted 30 June 1997 section 16(1) Companies Act 1993 Amendment Act 1997 Section 222(2) amended 3 June 1998 section 8 Companies Amendment Act 1998 Section 222(2)(b)(iii) amended 30 June 1997 section 16(2) Companies Act 1993 Amendment Act 1997 Section 222(2)(b)(iv) inserted 30 June 1997 section 16(2) Companies Act 1993 Amendment Act 1997 Section 222(5) amended 30 June 1997 section 16(3) Companies Act 1993 Amendment Act 1997
223: Registration of amalgamation proposal
For the purpose of effecting an amalgamation the following documents must be delivered to the Registrar for registration:
a: the approved amalgamation proposal; and
b: any certificates required under section 221(2) section 222(5)
ba: the date and place of birth of every director of the amalgamated company; and
c: a certificate signed by the board of each amalgamating company stating that the amalgamation has been approved in accordance with this Act and the constitution of the company, if it has one; and
d: if the amalgamated company is a new company or the amalgamation proposal provides for a change of the name of the amalgamated company, a copy of the notice reserving the name of the company; and
da: if an amalgamating company is a licensed insurer, a copy of the written approval of the Reserve Bank of New Zealand given under section 44
e: a certificate signed by the board, or proposed board, of the amalgamated company stating that, where the proportion of the claims of creditors of the amalgamated company in relation to the value of the assets of the company is greater than the proportion of the claims of creditors of an amalgamating company in relation to the value of the assets of that amalgamating company, no creditor will be prejudiced by that fact; and
f: a document in the prescribed form signed by each of the persons named in the amalgamation proposal as a director of the amalgamated company containing his or her consent to be a director and a certificate that he or she is not disqualified from being appointed or holding office as a director of a company. Section 223(ba) inserted 1 May 2015 section 16 Companies Amendment Act 2014 Section 223(da) inserted 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010
224: Certificate of amalgamation
1: Forthwith after receipt of the documents required under section 223
a: if the amalgamated company is the same as one of the amalgamating companies, issue a certificate of amalgamation
b: if the amalgamated company is a new company,—
i: enter particulars of the company on the New Zealand register; and
ii: issue a certificate of amalgamation together with a certificate of incorporation.
2: If an amalgamation proposal specifies a date on which the amalgamation is intended to become effective, and that date is the same as, or later than, the date on which the Registrar receives the documents, the certificate of amalgamation, and any certificate of incorporation must be expressed to have effect on the date specified in the amalgamation proposal. Section 224(1)(a) amended 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 224(1)(b)(ii) replaced 1 July 1994 Companies Act 1993 Amendment Act 1994
225: Effect of certificate of amalgamation
On the date shown in a certificate of amalgamation,—
a: the amalgamation is effective; and
b: if it is the same as a name of one of the amalgamating companies, the amalgamated company has the name specified in the amalgamation proposal; and
c: the Registrar must remove the amalgamating companies, other than the amalgamated company, from the New Zealand register; and
d: the amalgamated company succeeds to all the property, rights, powers, and privileges of each of the amalgamating companies; and
e: the amalgamated company succeeds to all the liabilities and obligations of each of the amalgamating companies; and
f: proceedings pending by, or against, an amalgamating company may be continued by, or against, the amalgamated company; and
g: a conviction, ruling, order, or judgment in favour of, or against, an amalgamating company may be enforced by, or against, the amalgamated company; and
h: any provisions of the amalgamation proposal that provide for the conversion of shares or rights of shareholders in the amalgamating companies have effect according to their tenor.
225A: Registers
1: Where an amalgamation becomes effective, the Registrar-General of Land, Registrar of Deeds, or other person charged with the keeping of any books or registers is not
2: The presentation to any Registrar or other person of any instrument (whether or not comprising an instrument of transfer) by the amalgamated company—
a: executed or purporting to be executed by the amalgamated company; and
b: relating to any property held immediately before the amalgamation by an amalgamating company; and
c: stating that that property has become the property of the amalgamated company by virtue of this Part— shall, in the absence of evidence to the contrary, be sufficient evidence that the property has become the property of the amalgamated company.
3: Without limiting subsection (1) or subsection (2), where any financial product financial product financial product
4:
5: Except as provided in this section, nothing in this Part derogates from the provisions of the Land Transfer Act 2017 Section 225A inserted 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 225A(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 225A(3) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 225A(4) repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 225A(5) amended 12 November 2018 section 250 Land Transfer Act 2017
226: Powers of court in other cases
1: If the court is satisfied that giving effect to an amalgamation proposal would unfairly prejudice a shareholder or creditor of an amalgamating company or a person to whom an amalgamating company is under an obligation, it may, on the application, made at any time before the date on which the amalgamation becomes effective, of that person, make any order it thinks fit in relation to the proposal, and may, without limiting the generality of this subsection, make an order—
a: directing that effect must not be given to the proposal:
b: modifying the proposal in such manner as may be specified in the order:
c: directing the company or its board to reconsider the proposal or any part of it.
2: An order may be made under subsection (1) on such conditions as the court thinks fit.
14: Compromises with creditors
227: Interpretation
In this Part, unless the context otherwise requires,— company Part 18 compromise
a: cancelling all or part of a debt of the company; or
b: varying the rights of its creditors or the terms of a debt; or
c: relating to an alteration of a company's constitution that affects the likelihood of the company being able to pay a debt creditor
a: a person who, in a liquidation, would be entitled to claim in accordance with section 303
b: a secured creditor proponent section 228 Section 227 company inserted 1 November 2007 section 5 Companies Amendment Act 2006 Section 227 creditor replaced 1 July 1994 Companies Act 1993 Amendment Act 1994
228: Compromise proposal
1: Any of the following persons may propose a compromise under this Part if that person has reason to believe that a company is or will be unable to pay its debts within the meaning of section 287
a: the board of directors of the company:
b: a receiver appointed in relation to the whole or substantially the whole of the assets and undertaking of the company:
c: a liquidator of the company:
d: with the leave of the court, any creditor or shareholder of the company.
2: Where the court grants leave to a creditor or shareholder under subsection (1)(d), the court may make an order directing the company to supply to the creditor or shareholder, within such time as may be specified, a list of the names and addresses of the company's creditors showing the amounts owed to each of them or such other information as may be specified to enable the creditor or shareholder to propose a compromise.
229: Notice of proposed compromise
1: The proponent must compile, in relation to each class of creditors of the company, a list of creditors known to the proponent who would be affected by the proposed compromise, setting out—
a: the amount owing or estimated to be owing to each of them; and
b: the number of votes which each of them is entitled to cast on a resolution approving the compromise.
2: The proponent must give to each known creditor, the company, any receiver or liquidator, and deliver to the Registrar for registration,—
a: notice in accordance with Schedule 5
b: a statement—
i: containing the name and address of the proponent and the capacity in which the proponent is acting; and
ii: containing the address and telephone number to which inquiries may be directed during normal business hours; and
iii: setting out the terms of the proposed compromise and the reasons for it; and
iv: setting out the reasonably foreseeable consequences for creditors of the company of the compromise being approved; and
v: setting out the extent of any interest of a director in the proposed compromise; and
vi: explaining that the proposed compromise and any amendment to it proposed at a meeting of creditors or any classes of creditors will be binding on all creditors, or on all creditors of that class, if approved in accordance with section 230
vii: containing details of any procedure proposed as part of the proposed compromise for varying the compromise following its approval; and
c: a copy of the list or lists of creditors referred to in subsection (1).
230: Effect of compromise
1: A compromise, including any amendment proposed at the meeting, is approved by creditors, or a class of creditors, if, at a meeting of creditors or that class of creditors conducted in accordance with Schedule 5 clause 5
2: A compromise, including any amendment, approved by creditors or a class of creditors of a company in accordance with this Part is binding on the company and on—
a: all creditors; or
b: if there is more than 1 class of creditors, on all creditors of that class— to whom notice of the proposal was given under section 229
3: If a resolution proposing a compromise, including any amendment, is put to the vote of more than 1 class of creditors, it is to be presumed, unless the contrary is expressly stated in the resolution, that the approval of the compromise, including any amendment, by each class is conditional on the approval of the compromise, including any amendment, by every other class voting on the resolution.
4: The proponent must give written notice of the result of the voting to each known creditor, the company, any receiver or liquidator, and the Registrar.
231: Variation of compromise
1: A compromise approved under section 230
a: in accordance with any procedure for variation incorporated in the compromise as approved; or
b: by the approval of a variation of the compromise in accordance with this Part which, for that purpose, shall apply with such modifications as may be necessary as if any proposed variation were a proposed compromise.
1A: A variation made as referred to in subsection (1)(a) must be notified to the Registrar and can have no effect before that happens.
2: The provisions of this Part shall apply to any compromise that is varied in accordance with this section. Section 231(1A) inserted 30 May 2017 section 29 Regulatory Systems (Commercial Matters) Amendment Act 2017
232: Powers of court
1: On the application of the proponent or the company, the court may—
a: give directions in relation to a procedural requirement imposed by this Part, or waive or vary any such requirement, if satisfied that it would be just to do so; or
b: order that, during a period specified in the order, beginning not earlier than the date on which notice was given of the proposed compromise and ending not later than 10 working days after the date on which notice was given of the result of the voting on it,—
i: proceedings in relation to a debt owing by the company be stayed; or
ii: a creditor refrain from taking any other measure to enforce payment of a debt owing by the company.
2: Nothing in subsection (1)(b) affects the right of a secured creditor during that period to take possession of, realise, or otherwise deal with, property of the company over which that creditor has a charge.
3: If the court is satisfied, on the application of a creditor of a company who was entitled to vote on a compromise that—
a: insufficient notice of the meeting or of the matter required to be notified under section 229
b: there was some other material irregularity in obtaining approval of the compromise; or
c: in the case of a creditor who voted against the compromise, the compromise is unfairly prejudicial to that creditor, or to the class of creditors to which that creditor belongs,— the court may order that the creditor is not bound by the compromise or make such other order as it thinks fit.
4: An application under subsection (3) must be made not later than 10 working days after the date on which notice of the result of the voting was given to the creditor.
233: Effect of compromise in liquidation of company
1: Where a compromise is approved under section 230
a: the company; or
b: a receiver appointed in relation to property of the company; or
c: with the leave of the court, any creditor or shareholder of the company,— make such order as the court thinks fit with respect to the extent, if any, to which the compromise will, if the company is put into liquidation, continue in effect and be binding on the liquidator of the company.
2: Where a compromise is approved under section 230
a: the liquidator; or
b: a receiver appointed in relation to property of the company; or
c: with the leave of the court, any creditor or shareholder of the company,— make such order as the court thinks fit with respect to the extent, if any, to which the compromise will continue in effect and be binding on the liquidator of the company.
234: Costs of compromise
Unless the court orders otherwise, the costs incurred in organising and conducting a meeting of creditors for the purpose of voting on a proposed compromise—
a: must be met by the company; or
b: if incurred by a receiver or a liquidator, are a cost of the receivership or liquidation; or
c: if incurred by any other person, are a debt due to that person by the company and, if the company is put into liquidation, are payable in the order of priority specified in Schedule 7
15: Approval of arrangements, amalgamations, and compromises by court
235: Interpretation
In this Part, unless the context otherwise requires,— arrangement company
a: a company within the meaning of section 2
b: an overseas company that is registered on the overseas register:
c: an association:
d: any other body corporate to which this Part applies under any enactment. creditor
a: a person who, in a liquidation, would be entitled to claim in accordance with section 303
b: a secured creditor shareholder Section 235 company amended 1 March 2017 section 5(1) Companies Amendment Act 2016 Section 235 company inserted 1 March 2017 section 5(2) Companies Amendment Act 2016 Section 235 creditor replaced 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 235 shareholder inserted 1 March 2017 section 5(3) Companies Amendment Act 2016
236: Approval of arrangements, amalgamations, and compromises
1: Notwithstanding the provisions of this Act or the constitution of a company, the court may, on the application of a company or any shareholder or creditor of a company, order that an arrangement or amalgamation or compromise shall be binding on the company and on such other persons or classes of persons as the court may specify and any such order may be made on such terms and conditions as the court thinks fit.
2: Before making an order under subsection (1), the court may, on the application of the company or any shareholder or creditor or other person who appears to the court to be interested, or of its own motion, make any 1 or more of the following orders:
a: an order that notice of the application, together with such information relating to it as the court thinks fit, be given in such form and in such manner and to such persons or classes of persons as the court may specify:
b: an order directing the holding of a meeting or meetings of shareholders or any class of shareholders or creditors or any class of creditors of a company to consider and, if thought fit, to approve, in such manner as the court may specify, the proposed arrangement or amalgamation or compromise and, for that purpose, may determine the shareholders or creditors that constitute a class of shareholders or creditors of a company:
c: an order requiring that a report on the proposed arrangement or amalgamation or compromise be prepared for the court by a person specified by the court and, if the court thinks fit, be supplied to the shareholders or any class of shareholders or creditors or any class of creditors of a company or to any other person who appears to the court to be interested:
d: an order as to the payment of the costs incurred in the preparation of any such report:
e: an order specifying the persons who shall be entitled to appear and be heard on the application to approve the arrangement or amalgamation or compromise.
2A: If the arrangement or amalgamation or compromise involves a transfer or amalgamation that requires the written approval of the Reserve Bank of New Zealand under section 44
3: An order made under this section has effect on and from the date specified in the order.
4: Within 10 working days of an order being made by the court, the board of the company must ensure that a copy of the order is delivered to the Registrar for registration.
5: If the board of a company fails to comply with subsection (4), every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2) Section 236(2A) inserted 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010
236A: Arrangement or amalgamation involving code company
1: If a proposed arrangement or amalgamation affects the voting rights of a code company, the applicant for an order under section 236(1)
2: The court may not make an order under section 236(1)
a: the code company's shareholders approve the arrangement or amalgamation in accordance with subsection (4); and
b: either of the following applies:
i: the court is satisfied that the shareholders of the code company will not be adversely affected by the use of section 236(1) takeovers code
ii: the applicant has filed a statement from the Takeovers Panel indicating that the Takeovers Panel has no objection to an order being made under section 236(1)
3: The court need not approve a proposed arrangement or amalgamation merely because the Takeovers Panel has no objection to an order being made under section 236(1)
4: For the purposes of subsection (2)(a), the code company's shareholders may only approve the arrangement or amalgamation in the following way:
a: by a resolution approved by a majority of 75% of the votes of the shareholders in each interest class entitled to vote and voting on the question; and
b: by a resolution approved by a simple majority of the votes of those shareholders entitled to vote.
5: For the purposes of this section and section 236B affects the voting rights interest class Schedule 10 voting right section 2(1) Section 236A inserted 3 July 2014 section 30 Companies Amendment Act 2014
236B: Takeovers code does not apply where court order under section 236
The takeovers code section 236(1) Section 236B inserted 3 July 2014 section 30 Companies Amendment Act 2014
237: Court may make additional orders
1: Without limiting section 236
a: the transfer or vesting of real or personal property, assets, rights, powers, interests, liabilities, contracts, and engagements:
b: the issue of shares, financial products
c: the continuation of legal proceedings:
d: the liquidation of any company:
e: the provisions to be made for persons who voted against the arrangement or amalgamation or compromise at any meeting called in accordance with any order made under subsection (2)(b) of that section or who appeared before the court in opposition to the application to approve the arrangement or amalgamation or compromise:
f: such other matters that are necessary or desirable to give effect to the arrangement or amalgamation or compromise.
2: Within 10 working days of an order being made by the court, the board of the company must ensure that a copy of the order is delivered to the Registrar for registration.
3: If the board of a company fails to comply with subsection (2), every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2) Section 237(1)(b) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
238: Parts 13 and 14 not affected
The court may—
a: approve an amalgamation under section 236 Part 13
b: approve a compromise under section 236 Part 14
239: Application of section 233
The provisions of section 233 section 236
15A: Voluntary administration
Part 15A inserted 1 November 2007 section 6 Companies Amendment Act 2006
1: Preliminary
Subpart 1 inserted 1 November 2007 section 6 Companies Amendment Act 2006
239A: Objects of this Part
The objects of this Part are to provide for the business, property, and affairs of an insolvent company, or a company that may in the future become insolvent, to be administered in a way that—
a: maximises the chances of the company, or as much as possible of its business, continuing in existence; or
b: if it is not possible for the company or its business to continue in existence, results in a better return for the company's creditors and shareholders than would result from an immediate liquidation of the company. Corporations Act 2001 s 435A (Aust) Section 239A inserted 1 November 2007 section 6 Companies Amendment Act 2006
239B: Interpretation of some key terms
The following are some key terms used in this Part and their meanings: administrator deed administrator deed of company arrangement watershed meeting Section 239B inserted 1 November 2007 section 6 Companies Amendment Act 2006
239C: Interpretation of other terms
In this Part, unless the context otherwise requires,— company convening period section 239AT(2) creditor
a: a person who, in a liquidation, would be entitled to claim in accordance with section 303
b: a secured creditor enforcement process
a: execution against that property; or
b: any other enforcement process in relation to that property that involves a court or a sheriff insolvent sheriff Section 239C inserted 1 November 2007 section 6 Companies Amendment Act 2006
239D: When administration begins
The administration of a company begins when an administrator is appointed under this Part. Corporations Act 2001 s 435C(1) (Aust) Section 239D inserted 1 November 2007 section 6 Companies Amendment Act 2006
239E: When administration ends
1: The administration of a company ends when—
a: a deed of company arrangement is executed by both the company and the deed administrator; or
b: the company's creditors resolve that the administration should end; or
c: the company's creditors appoint a liquidator by a resolution passed at the watershed meeting.
2: However, the administration of a company may also end in the following instances:
a: if the court orders that the administration end, for example because the court is satisfied that the company is solvent, the administration ends on the date specified in the order or, if no date is specified, when the order is made; or
b: if the convening period expires without the watershed meeting having been convened or without an application having been made to extend the convening period, the administration ends at the end of that period; or
c: if an application has been made to extend the convening period, which has expired after the application was made, the administration ends when the application is refused or otherwise disposed of without the convening period being extended; or
d: if the watershed meeting ends without a resolution that the company execute a deed of company arrangement, the administration ends at the end of that meeting; or
e: if the company fails to execute a proposed deed of company arrangement within the time allowed by section 239ACO 239ACP
f: if the court appoints a liquidator or an interim liquidator, the administration ends at the time when the order is made. Corporations Act 2001 s 435C(2), (3) (Aust) Section 239E inserted 1 November 2007 section 6 Companies Amendment Act 2006
239EA: Voluntary administration of licensed insurers
If a company is a licensed insurer, this Part applies in respect of the insurer subject to subpart 3 Section 239EA inserted 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010
2: Appointment of administrator
Subpart 2 inserted 1 November 2007 section 6 Companies Amendment Act 2006
239F: Who may be appointed as administrator
1: A person may be appointed as an administrator of a company if the person—
a: is a licensed insolvency practitioner who is permitted to act as an administrator of the company under the Insolvency Practitioners Regulation Act 2019
b: is not disqualified under subsection (2).
2: Unless the court orders otherwise, a person is disqualified from appointment as an administrator of a company if the person would be disqualified from appointment as a liquidator of that company under section 280(2)
3: For the purpose of subsection (2),—
a: in section 280
i: a reference to the commencement of the liquidation must be read as if it were a reference to the commencement of the administration:
ii: a reference to a company must be read as if it were a reference to the company in administration; and
b: section 280(4)(c)
4: A person commits an offence, and is liable on conviction to the penalty set out in section 373(2)
a: the person knows or ought reasonably to know that they are disqualified under subsection (2); and
b: the person,—
i: with their consent, is appointed as an administrator; or
ii: acts as an administrator.
5: See also section 8(2) Section 239F replaced 1 September 2020 section 5 Insolvency Practitioners Regulation (Amendments) Act 2019
239G: What administrator must do before appointment
1: A person must not be appointed as the administrator of a company unless the person has—
a: consented in writing and has not withdrawn the consent at the time of appointment; and
b: certified in writing that the person—
i: is a licensed insolvency practitioner; and
ii: is permitted to act as an administrator of the company under the Insolvency Practitioners Regulation Act 2019
iii: is not disqualified from appointment under section 239F(2)
2: A person who, with their consent, is appointed as an administrator despite failing to certify the matters set out in subsection (1)(b) commits an offence and is liable on conviction to the penalty set out in section 373(2)
3: The acts of a person as an administrator are valid even if the person does not meet the requirements of section 239F(1) Section 239G replaced 1 September 2020 section 5 Insolvency Practitioners Regulation (Amendments) Act 2019
239H: Who may appoint administrator
1: An administrator may be appointed to a company by—
a: the company ( see section 239I
b: if the company is in liquidation, the liquidator ( see section 239J
c: if an interim liquidator has been appointed, the interim liquidator ( see section 239J
d: a secured creditor holding a charge over the whole, or substantially the whole, of the company's property ( see section 239K
e: the court ( see section 239L
2: If the company is already in administration, an administrator may be appointed only by—
a: the court; or
b: the creditors, as a replacement administrator for an administrator that the creditors have removed; or
c: the appointor of the first administrator, if that administrator has died, resigned, or become disqualified from appointment under section 239F(2)
3: The appointment of a replacement administrator by a company must be made by a resolution of the board of the company. Corporations Act 2001 s 436D (Aust) Section 239H inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239H(2)(c) amended 1 September 2020 section 6(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239H(3) inserted 1 September 2020 section 6(2) Insolvency Practitioners Regulation (Amendments) Act 2019
239I: Appointment by company
1: A company may appoint an administrator if the board of the company has resolved that,—
a: in the opinion of the directors voting for the resolution, the company is insolvent or may become insolvent; and
b: an administrator of the company should be appointed.
2: The appointment must be in writing and must state the date of the appointment.
3: The company must not appoint an administrator if the company is already in liquidation.
4: If an application has been filed for the appointment of a liquidator of the company by the court under section 241(2)(c)
5: Subsection (4) does not apply once the application has been finally disposed of. Corporations Act 2001 s 436A (Aust) Section 239I inserted 1 November 2007 section 6 Companies Amendment Act 2006
239J: Appointment by liquidator or interim liquidator
1: The liquidator or interim liquidator of a company may appoint an administrator if he or she thinks that the company is insolvent or is likely to become insolvent.
2: The appointment must be in writing and must state the date of the appointment.
3: The liquidator or interim liquidator may appoint himself or herself administrator if he or she first obtains—
a: the permission of the court; or
b: in the case of a liquidator but not an interim liquidator, the approval of the company's creditors in the form of a resolution passed at a meeting of the creditors.
4: A liquidator or interim liquidator must not appoint as administrator a person who is the liquidator's or interim liquidator's business or professional partner, employer, or employee, unless the appointment has been approved by the company's creditors in the form of a resolution passed at a creditors' meeting.
5: An administrator who is appointed to a company already in liquidation may apply to the court for an order under section 250 Corporations Act 2001 s 436B (Aust) Section 239J inserted 1 November 2007 section 6 Companies Amendment Act 2006
239K: Appointment by secured creditor
1: A person who holds a charge over the whole, or substantially the whole, of a company's property may appoint an administrator if the charge has become, and is still, enforceable.
2: The appointment must be in writing and must state the date of the appointment.
3: A secured creditor must not appoint an administrator if the company is already in liquidation. Corporations Act 2001 s 436C (Aust) Section 239K inserted 1 November 2007 section 6 Companies Amendment Act 2006
239L: Appointment by court
1: The court may appoint an administrator on the application of a creditor, the liquidator (if the company is in liquidation), the FMA (if the company is a financial markets participant),
2: The court may appoint an administrator if—
a: the court is satisfied that the company is or may become insolvent and that an administration is likely to result in a better return for the company's creditors and shareholders than would result from an immediate liquidation of the company; or
b: it is just and equitable to do so.
3: In the case of a licensed insurer, the court may appoint an administrator on the application of the Reserve Bank of New Zealand or a person referred to in subsection (1) if—
a: subsection (2)(a) or (b) apply; or
b: the insurer is failing to maintain a solvency margin (within the meaning of section 6(1) Section 239L inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239L(1) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 239L(3) inserted 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010
239M: Appointment must not be revoked
1: The appointment of an administrator must not be revoked.
2: This does not apply to removal by the court or by the creditors. Corporations Act 2001 s 449A (Aust) Section 239M inserted 1 November 2007 section 6 Companies Amendment Act 2006
239N: Appointment of 2 or more administrators
1: Two or more persons may be appointed administrators in any case where this Act provides for the appointment of an administrator.
2: If 2 or more persons are appointed administrators of a company,—
a: an administrator's function or power may be performed or exercised by any one of them, or by any 2 or more of them together, except so far as the order, instrument, or resolution appointing them provides otherwise; and
b: a reference in this Act to an administrator or the administrator refers to whichever 1 or more of the administrators the case requires. Corporations Act 2001 s 451A (Aust) Section 239N inserted 1 November 2007 section 6 Companies Amendment Act 2006
239O: Remuneration of administrator
1: The administrator is entitled to charge reasonable remuneration for carrying out his or her duties and exercising his or her powers as administrator.
2: The court may, on the application of the administrator, a director or officer of the company, a creditor, or a shareholder, review or fix the administrator's remuneration at a level that is reasonable in the circumstances.
3: A creditor or shareholder may make an application under subsection (2) only with the leave of the court. 1993 No 105 ss 276(1), 284(1)(e) Section 239O inserted 1 November 2007 section 6 Companies Amendment Act 2006
3: Resignation and removal of administrator
Subpart 3 inserted 1 November 2007 section 6 Companies Amendment Act 2006
239P: When office of administrator is vacant
The office of administrator is vacant if the administrator—
a: resigns in accordance with section 239Q
b: dies; or
c: becomes disqualified from appointment as an administrator ( see section 239F(2)
d: is removed by the court ; or
e: ceases to be a licensed insolvency practitioner who is permitted to act as an administrator of the company in accordance with the Insolvency Practitioners Regulation Act 2019 Corporations Act 2001 s 449C(1) (Aust) Section 239P inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239P(a) replaced 1 September 2020 section 7(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239P(d) amended 1 September 2020 section 7(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239P(e) inserted 1 September 2020 section 7(2) Insolvency Practitioners Regulation (Amendments) Act 2019
239Q: Administrator may resign
1: The administrator may resign by giving written notice to the company and to his or her appointor.
2: The administrator must—
a: give written notice of the resignation to as many of the company's creditors as practicable; and
b: advertise the resignation in accordance with section 3(1)(a) Corporations Act 2001 s 449C(1)(c) (Aust) Section 239Q inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239Q(2)(b) amended 1 September 2020 section 58 Insolvency Practitioners Regulation (Amendments) Act 2019
239R: Removal of administrator
1: The administrator may be removed—
a: by the court, on the application of a creditor, the liquidator (if the company is in liquidation), the FMA (if the company is a financial markets participant),
b: by a resolution of creditors passed at the first creditors' meeting; or
c: by a resolution of creditors at a meeting convened under section 239T(1)
2: The creditors may not remove the administrator by a resolution passed at a creditors' meeting unless—
a: the same resolution also appoints as administrator a person who is permitted to act as an administrator of the company in accordance with section 239F(1)
b: the person named in the resolution as the new administrator has, before the resolution is considered, tabled at the meeting—
i: the written consent and certificate required under section 239G
ii: an interests statement that complies with section 239APA
3: A person who, with the person’s consent, is appointed as a replacement administrator under subsection (2) but who has not tabled an interests statement that complies with section 239APA section 373(2) Corporations Act 2001 ss 436E(4), 449B (Aust) Section 239R inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239R(1)(a) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 239R(2)(a) amended 1 September 2020 section 8(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239R(2)(b) replaced 1 September 2020 section 8(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239R(3) inserted 1 September 2020 section 8(3) Insolvency Practitioners Regulation (Amendments) Act 2019
239S: Appointor may appoint new administrator to fill vacancy
Section 239S repealed 1 September 2020 section 9 Insolvency Practitioners Regulation (Amendments) Act 2019
239T: Creditors must consider appointment of replacement administrator
1: A replacement administrator, unless appointed by the court or by the creditors under section 239R(1)(b)
2: The meeting must be held not more than 5 working days after the date on which the replacement administrator is appointed.
3: The replacement administrator must convene the meeting by—
a: giving written notice of the meeting to as many of the company's creditors as reasonably practicable; and
b: advertising the meeting in accordance with section 3(1)(a)
4: The replacement administrator must take the steps in subsection (3) not less than 2 working days before the meeting. Corporations Act 2001 s 449C(4), (5) (Aust) Section 239T inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239T(3)(b) amended 1 September 2020 section 58 Insolvency Practitioners Regulation (Amendments) Act 2019
239TA: Provision of information and assistance to replacement administrator
1: This section applies if a replacement administrator is appointed.
2: The previous administrator must, where practicable, provide to the replacement administrator the information that the previous administrator has in their possession or under their control and that the replacement administrator reasonably requires to carry out the functions and duties of administrator.
3: The information referred to in subsection (2) includes—
a: the records and other documents of the company:
b: any information necessary to provide the replacement administrator with control over the property of the company:
c: any information relating to claims:
d: accounting records and other documents of the administration.
4: The previous administrator must, where practicable, provide to the replacement administrator any assistance that the replacement administrator reasonably requires to carry out the functions and duties of administrator.
5: A person who fails to comply with subsection (2) or (4) commits an offence and is liable on conviction to the penalty set out in section 373(2) Section 239TA inserted 1 September 2020 section 10 Insolvency Practitioners Regulation (Amendments) Act 2019
4: Effect of appointment of administrator
Subpart 4 inserted 1 November 2007 section 6 Companies Amendment Act 2006
239U: Outline of administrator's role
While a company is in administration, the administrator—
a: has control of the company's business, property, and affairs; and
b: may carry on that business and manage that property and those affairs; and
c: may terminate or dispose of all or part of that business, and may dispose of any of that property; and
d: may perform any function, and exercise any power, that the company or any of its officers could perform or exercise if the company were not in administration. Corporations Act 2001 s 437A(1) (Aust) Section 239U inserted 1 November 2007 section 6 Companies Amendment Act 2006
239V: Administrator's powers
1: The administrator has the powers—
a: to carry out the functions and duties of an administrator under this Act; and
b: conferred on an administrator under this Act.
2: An administrator's powers include the powers to—
a: begin, continue, discontinue, and defend legal proceedings; and
b: carry on, to the extent necessary for the administration of the company, the business of the company; and
c: appoint an agent to do anything that the administrator has power to do. 1993 No 105 s 260(1) Section 239V inserted 1 November 2007 section 6 Companies Amendment Act 2006
239W: Administrator is company's agent
The administrator of a company, when performing a function or exercising a power in that capacity, is the company's agent. Corporations Act 2001 s 437B (Aust) Section 239W inserted 1 November 2007 section 6 Companies Amendment Act 2006
239X: Effect on directors
1: The appointment of an administrator does not remove the directors of the company from office.
2: However, a director of a company that is in administration must not exercise or perform, or purport to exercise or perform, a function or power as a director of the company except—
a: with the prior, written approval of the administrator; or
b: as expressly permitted by this Part. Corporations Act 2001 s 437C (Aust) Section 239X inserted 1 November 2007 section 6 Companies Amendment Act 2006
239Y: Effect on employees
1: The appointment of an administrator does not automatically terminate an employment agreement to which the company is a party.
2: The administrator is not personally liable for any obligation of the company under an employment agreement to which the company is a party, unless—
a: the administrator expressly adopts the agreement in writing; or
b: subsection (3) applies.
3: The administrator is personally liable for payment of wages or salary that, during the administration of the company, accrue under a contract of employment with the company that was entered into before the administrator's appointment, unless the administrator has lawfully given notice of the termination of the contract within 14 days of appointment.
4: The court may, on the administrator's application, extend the period of 14 days in subsection (3) within which notice of termination must be given, and may extend it on the terms and conditions, if any, that the court thinks appropriate.
5: From the date of the appointment of the administrator, the duty of good faith set out in section 4 Section 239Y inserted 1 November 2007 section 6 Companies Amendment Act 2006
239Z: Effect on dealing with company property
1: A transaction or dealing by a company in administration, or by a person on behalf of the company, that affects the company's property is void unless the transaction or dealing was entered into—
a: by the administrator, on the company's behalf; or
b: with the administrator's prior written consent; or
c: under an order of the court.
2: The court may validate a transaction or dealing that is void under subsection (1).
3: Subsection (1) does not apply to a payment made by a registered bank—
a: out of an account kept by the company with the bank; and
b: in good faith and in the ordinary course of the bank's banking business; and
c: on or before the day on which the bank was notified in writing by the administrator that the administration had begun, or before the bank had reason to believe that the company was in administration, whichever was earlier.
4: A director or officer of the company commits an offence if he or she—
a: purported, on the company's behalf, to enter into a transaction or dealing that is void under subsection (1); or
b: was in any other way knowingly concerned in, or party to, the void transaction or dealing, whether—
i: by act or omission; or
ii: directly or indirectly. Corporations Act 2001 s 437D (Aust) Section 239Z inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AA: Company officer's liability for compensation for void transaction or dealing
The court may order a director or officer of a company who is convicted of an offence under section 239Z(4) Corporations Act 2001 s 437E(1) (Aust) Section 239AA inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AB: Effect on transfer of shares
1: A share in a company in administration must not be transferred and the rights or liabilities of a shareholder of the company must not be altered.
2: However, the administrator may consent to the transfer of a share in a company in administration if the administrator is satisfied that the transfer is in the best interests of the company's creditors.
3: Also, despite subsection (1), the court may make an order—
a: for the transfer of a share in a company in administration, but only after the administrator has been asked to consent to the transfer and has refused or failed to respond in a reasonable time; or
b: altering the rights and liabilities of a shareholder in a company in administration. Corporations Act 2001 s 437F (Aust) Section 239AB inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AC: Effect on liquidation
1: The appointment of an administrator to a company in liquidation suspends the liquidation, including the powers of the liquidator to act on the company's behalf, but does not remove the liquidator from office.
2: The liquidator may apply to the court for any orders that may be necessary in relation to the suspension of the liquidation.
3: In this section, liquidator Section 239AC inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AD: Effect on receivership
The appointment of an administrator to a company in receivership does not remove the receiver from office. Section 239AD inserted 1 November 2007 section 6 Companies Amendment Act 2006
5: Administrator's investigation of company's affairs
Subpart 5 inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AE: Administrator must investigate company's affairs and consider possible courses of action
As soon as practicable after the administration of a company begins, the administrator must—
a: investigate the company's business, property, affairs, and financial circumstances; and
b: form an opinion about each of the following matters:
i: whether it would be in the creditors' interests for the company to execute a deed of company arrangement:
ii: whether it would be in the creditors' interests for the administration to end:
iii: whether it would be in the creditors' interests for a liquidator to be appointed. Corporations Act 2001 s 438A (Aust) Section 239AE inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AF: Directors' statement of company's position
1: Within 5 working days after the administration of a company begins, the directors must give to the administrator a statement about the company's business, property, affairs, and financial circumstances.
2: The administrator may extend the time for compliance with subsection (1).
3: The administrator must table the directors' statement—
a: at the first creditors' meeting; or
b: if the administrator has extended the time for compliance by the directors, at the watershed meeting. Corporations Act 2001 s 438B(2) (Aust) Section 239AF inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AG: Administrator's right to documents, etc
Sections 261 263 to 267 Section 239AG inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AH: Administrator may lodge report with Registrar
The administrator may lodge a report with the Registrar specifying any matter that, in his or her opinion, should be brought to the Registrar's notice. Corporations Act 2001 s 438D(2) (Aust) Section 239AH inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AI: Administrator must report misconduct
Section 239AI repealed 1 September 2020 section 11 Insolvency Practitioners Regulation (Amendments) Act 2019
6: Creditors' meetings generally
Subpart 6 inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AJ: Administrator must call creditors' meetings
The administrator must call—
a: the first creditors' meeting, for the appointment (if any) of a committee of creditors; and
b: the watershed meeting ( see section 239AS
c: other creditors' meetings as required (for example, because an administrator has been replaced). Section 239AJ inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AK: Conduct of creditors' meetings
1: The following clauses of Schedule 5
a: subject to section 239AZ clause 4
b: clauses 6 to 11
2: At any meeting of creditors or class of creditors held under this Part, a resolution is adopted if a majority in number representing 75% in value of the creditors or class of creditors voting in person, or by proxy vote or by postal vote, vote in favour of the resolution.
3: The administrator or the administrator's nominee must chair a creditors' meeting, and has a casting vote.
4: For the purposes of voting at a creditors' meeting, the administrator may estimate the amount of a creditor's claim that is for any reason uncertain.
5: On the application of the administrator, or of a creditor who is aggrieved by an estimate made by the administrator, the court must determine the amount of the claim as it sees fit. Section 239AK inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AL: Joint meetings of creditors of related companies in administration
1: The administrators of related companies may call meetings of creditors of their respective companies to be held at the same time and place, but only with the consent of all the creditors.
2: In the case of a joint meeting, a creditor of a company in administration may vote only on a resolution that relates to the administration of the company of which that person is a creditor.
3: For the purposes of subsection (1), a creditor is taken to have consented to the joint meeting if—
a: a written notice that complies with subsection (4) accompanies the notice of meeting; and
b: the creditor has not objected to the joint meeting within the time, and in the manner, specified in the written notice.
4: The notice must—
a: be in writing; and
b: state the administrator's postal, email, and street addresses; and
c: state the names of the related companies in respect of which the joint meeting is to be held; and
d: state that the creditor to whom it is sent may object to the joint meeting by sending a written objection to the administrator at the administrator's postal, email, or street address for receipt by the administrator within the time specified in the notice; and
e: state that, unless the creditor objects in accordance with the notice, the creditor will be taken to have agreed to the joint meeting.
5: For the purposes of subsection (4)(d), the administrator may in his or her discretion determine the time for receipt of an objection, but must specify a time that is reasonably practicable in the circumstances. Section 239AL inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AM: Related creditor’s vote disregarded unless court orders otherwise
1: The administrator must disregard a related creditor’s vote on a resolution at the creditors’ meeting unless the court orders otherwise.
2: A related creditor may apply to the court for an order that its vote be taken into account.
2A: A related creditor that intends to apply for an order must,—
a: before a vote is taken on the resolution, give notice in writing to the administrator that the creditor—
i: is a related creditor; and
ii: intends to apply to the court for an order that its vote be taken into account; and
b: within 10 working days of the creditors’ meeting, make an application to the court.
2B: The court may order that a related creditor’s vote be taken into account only if satisfied that ordering that the applicant’s vote (or the applicants’ votes) be taken into account—
a: is not contrary to the interests of the creditors, or a class of creditors, as a whole; and
b: will not prejudice, and is not reasonably likely to prejudice, the interests of the creditors who voted against the resolution or for it, as the case may be, to an extent that is unreasonable having regard to—
i: the benefits accruing to the applicant (or the applicants), or to some or all of the related creditors, from the resolution or from the failure to pass the resolution; and
ii: the nature of the relationship between the applicant (or the applicants) and the company, or between the related creditors and the company; and
iii: any other relevant matter.
3: In this section and sections 239AMA to 239AMC related creditor related entity
a: a promoter; or
b: a relative or spouse of a promoter; or
c: a relative of a spouse of a promoter; or
d: a director or shareholder; or
e: a relative or spouse of a director or shareholder; or
f: a relative of a spouse of a director or shareholder; or
g: a related company; or
h: a beneficiary under a trust of which the company in administration is or has at any time been a trustee; or
i: a relative or spouse of that beneficiary; or
j: a relative of a spouse of that beneficiary; or
k: a company one of whose directors is also a director of the company in administration; or
l: a trustee of a trust under which a person ( A Corporations Act 2001 s 600A (Aust) Section 239AM inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239AM heading replaced 1 September 2020 section 12(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239AM(1) replaced 1 September 2020 section 12(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239AM(2) replaced 1 September 2020 section 12(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239AM(2A) inserted 1 September 2020 section 12(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239AM(2B) inserted 1 September 2020 section 12(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239AM(3) amended 1 September 2020 section 12(3) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239AM(3) promoter repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
239AMA: Creditor’s vote disregarded if administrator considers creditor is related creditor
1: If the administrator considers that a creditor that votes on a resolution at a creditors’ meeting is a related creditor, and the creditor has not given notice under section 239AM(2A)
a: disregard the creditor’s vote; and
b: give notice in writing to the creditor stating the reasons for the administrator’s view.
2: The court may, on the application of the creditor, order that the creditor’s vote be taken into account if satisfied that the creditor is not a related creditor.
3: The creditor must make any application under this section to the court within 10 working days of receiving the notice. Section 239AMA inserted 1 September 2020 section 13 Insolvency Practitioners Regulation (Amendments) Act 2019
239AMB: Further powers where court orders creditor’s vote be taken into account
1: If the court orders, under section 239AM 239AMA
a: order that the resolution be set aside or treated as having passed:
b: order that a new meeting be held to consider and vote on the resolution:
c: order that the creditor’s vote on a resolution to vary or amend the resolution be taken into account:
d: make any other orders that the court thinks necessary.
2: Despite any application under section 239AM 239AMA Section 239AMB inserted 1 September 2020 section 13 Insolvency Practitioners Regulation (Amendments) Act 2019
239AMC: Power of court where outcome of voting at creditors’ meeting determined by related creditor
1: This section applies in relation to a resolution at a creditors’ meeting if,—
a: after the meeting, the administrator becomes aware that a creditor that voted on the resolution is a related creditor; and
b: the administrator is satisfied that,—
i: in accordance with section 239AM 239AMA
ii: the resolution would not have been passed, defeated, or required to be decided by a casting vote (as the case may be) if the vote cast by the related creditor (or, if there is more than 1 related creditor, the votes cast by the related creditors) had been disregarded.
2: Despite sections 239AM(1) 239AMA(1)
3: The administrator must, as soon as practicable after becoming aware that this section applies to the resolution, give notice of that fact to every known creditor.
4: The court may, on the application of the administrator or a creditor,—
a: order that the resolution be set aside or treated as having passed:
b: order that a new meeting be held to consider and vote on the resolution:
c: order that a specified related creditor or creditors must not vote on the resolution or on a resolution to vary or amend it:
d: make any other orders that the court thinks necessary.
5: An administrator who fails to comply with subsection (3) commits an offence and is liable on conviction to the penalty set out in section 373(2) Section 239AMC inserted 1 September 2020 section 13 Insolvency Practitioners Regulation (Amendments) Act 2019
7: First creditors' meeting to appoint creditors' committee
Subpart 7 inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AN: Administrator must call first creditors' meeting
1: The administrator must call the first creditors' meeting to—
a: decide whether to appoint a creditors' committee and, if so, to appoint its members; and
b: decide whether to replace the administrator.
2: The meeting must be held within 8 working days after the date on which the administration began. Corporations Act 2001 s 436E(1), (2) (Aust) Section 239AN inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AO: Notice of first and subsequent creditors' meetings
1: The administrator must call the first and subsequent creditors' meetings by—
a: giving written notice of the meeting to as many of the company's creditors as reasonably practicable; and
b: advertising the meeting in accordance with section 3(1)(a)
2: The administrator must take the steps in subsection (1) not less than 5 working days before the meeting. Corporations Act 2001 s 436E(3) (Aust) Section 239AO inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239AO(1)(b) amended 1 September 2020 section 58 Insolvency Practitioners Regulation (Amendments) Act 2019
239AP: Administrator must table documents at first creditors' meeting
1: The administrator must table at the first creditors' meeting—
a: the written consent and certificate required under section 239G
b: an interests statement that complies with section 239APA
c: a notice stating that administrators are required to be licensed, and that more information about the regulation of insolvency practitioners is available from the Registrar.
2: A person who fails to comply with subsection (1)(a), (b), or (c) commits an offence and is liable on conviction to the penalty set out in section 373(2) Section 239AP replaced 1 September 2020 section 14 Insolvency Practitioners Regulation (Amendments) Act 2019
239APA: Requirements for interests statement
1: This section sets out the requirements for the interests statement referred to in sections 239R(2)(b)(ii) 239AP(1)(b) 239AU(3)(aa) 239ACZA(1)
2: The interests statement must disclose—
a: any circumstance, relationship, or other fact that creates, or could reasonably be perceived as creating, a conflict of interest for the insolvency practitioner in relation to the independence of the insolvency practitioner’s role as the administrator, including anything that would, but for a court order to the contrary, have disqualified the person—
i: from being appointed as or acting as the administrator ( see section 239F(2)
ii: from being a licensed insolvency practitioner; and
b: the nature of any actual or perceived conflict of interest created by that circumstance, relationship, or other fact; and
c: how the insolvency practitioner intends to manage any actual or perceived conflict of interest.
3: In preparing an interests statement for the purposes of section 239R(2)(b)(ii) 239AP(1)(b)
4: In preparing an interests statement for the purposes of section 239AU(3)(aa) 239ACZA(1)
5: The interests statement must be in writing and be dated and signed by the insolvency practitioner. Section 239APA inserted 1 September 2020 section 14 Insolvency Practitioners Regulation (Amendments) Act 2019
239AQ: Functions of creditors' committee
1: The functions of the creditors' committee of a company in administration are—
a: to consult with the administrator about matters relating to the administration; and
b: to receive and consider reports by the administrator.
2: The committee must not give directions to the administrator, but the administrator must report to the committee about matters relating to the administration as and when the committee reasonably requires. Corporations Act 2001 s 436F (Aust) Section 239AQ inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AR: Membership of creditors' committee
A person may be a member of the creditors' committee only if he or she is—
a: a creditor of the company; or
b: the agent of a creditor under a general power of attorney; or
c: authorised in writing by a creditor to be a member. Corporations Act 2001 s 436G (Aust) Section 239AR inserted 1 November 2007 section 6 Companies Amendment Act 2006
8: Watershed meeting
Subpart 8 inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AS: What watershed meeting is
The watershed meeting is the meeting of creditors called by the administrator to decide the future of the company and, in particular, whether the company and the deed administrator should execute a deed of company arrangement. Section 239AS inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AT: Administrator must convene watershed meeting
1: The administrator must convene the watershed meeting within the convening period.
2: The convening period
3: The court may, on the administrator's application, extend the convening period.
4: The application to extend may be made before or after the convening period has expired. Section 239AT inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AU: Notice of watershed meeting
1: The administrator must convene the watershed meeting by—
a: giving written notice of the meeting to as many of the company's creditors as reasonably practicable; and
b: advertising the meeting in accordance with section 3(1)(a)
2: The administrator must take the steps in subsection (1) not less than 5 working days before the meeting.
3: The following documents must accompany the notice of the watershed meeting that is sent to the company's creditors:
aa: an updated interests statement that complies with section 239APA
a: a report by the administrator about—
i: the company's business, property, affairs, and financial circumstances; and
ii: any other matter material to the creditors' decisions to be considered at the meeting; and
b: a statement setting out the administrator's opinion, with reasons for that opinion, about each of the following matters:
i: whether it would be in the creditors' interests for the company to execute a deed of company arrangement:
ii: whether it would be in the creditors' interests for the administration to end:
iii: whether it would be in the creditors' interests for the company to be placed in liquidation; and
c: if a deed of company arrangement is proposed, a statement setting out the details of the proposed deed.
4: The updated interests statement may be in the form of a statement to be read in conjunction with previous interests statements and updates. Corporations Act 2001 s 439A(3), (4) (Aust) Section 239AU inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239AU(1)(b) amended 1 September 2020 section 15(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239AU(3)(aa) inserted 1 September 2020 section 15(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239AU(4) inserted 1 September 2020 section 15(3) Insolvency Practitioners Regulation (Amendments) Act 2019
239AV: When watershed meeting must be held
The watershed meeting must be held within 5 working days after the end of the convening period or extended convening period, as the case may be. Corporations Act 2001 s 439A(2) (Aust) Section 239AV inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AW: Directors must attend watershed meeting
1: The directors of the company must attend the watershed meeting, including any occasion to which the meeting is adjourned, but cannot be required to answer questions at the meeting.
2: A director need not attend the watershed meeting if—
a: the director has a valid reason for not attending; or
b: the administrator or the creditors by resolution have excused the director from attending.
3: A director attending the watershed meeting must leave for all or part of the remainder of the meeting if required by a resolution of the creditors to do so.
4: A director who contravenes subsection (1) commits an offence, unless subsection (2) applies, and is liable on conviction to the penalty set out in section 373(1) Section 239AW inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AX: Disclosure of voting arrangements
The administrator and the directors of the company under administration must, before the meeting votes on any resolution, inform the meeting of any voting arrangement of which the administrator or a director, as the case may be, is aware that requires 1 or more creditors to vote in a particular way on any resolution that will or may be voted on by the meeting. Section 239AX inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AY: Court may order that pooled property owners are separate class
1: On the application of the administrator, the court may order that, for the limited purposes of this section only, pooled property owners are a separate class.
2: In this section— pooled property owners requisite majority resolution
3: Each pooled property owner is bound by the deed of company arrangement as if that person had voted in favour of the resolution at the watershed meeting if—
a: the court has ordered that the pooled property owners are a separate class; and
b: at the watershed meeting the creditors (including the pooled property owners) approved the resolution; and
c: the requisite majority of the pooled property owners were included in the creditors who voted in favour of the resolution.
4: It is not necessary that a separate meeting of the pooled property owners be held for the purpose of voting on the resolution.
5: Subsection (3) applies no matter what sections 239ACS 239ACT Section 239AY inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AZ: Adjournment of watershed meeting
1: The watershed meeting may be adjourned, but only to a day that is not more than 30 working days after the first day on which the meeting was held.
2: However, the court may, on the administrator's application, order that the meeting be adjourned for more than 30 working days. Corporations Act 2001 s 439B(2) (Aust) Section 239AZ inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABA: What creditors may decide at watershed meeting
At the watershed meeting, the creditors may—
a: resolve that the company execute a deed of company arrangement specified in the resolution (and it does not matter that the deed to be executed differs from any proposed deed of which details were given in the notice of the meeting); or
b: resolve that the administration should end; or
c: unless the company is already in liquidation, by resolution appoint a liquidator. Corporations Act 2001 s 439C (Aust) Section 239ABA inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABB: What happens if proposed deed not fully approved at watershed meeting
1: If, at the watershed meeting, the creditors resolve that the company execute a deed of company arrangement, but the proposed deed is not fully approved at the meeting, then the administrator must take the steps set out in section 239ACP
2: The administrator must inform the creditors at the watershed meeting that—
a: they have the right to inspect and comment on the draft deed; and
b: the administrator has the ultimate responsibility for drafting the deed and the executed deed may differ from the draft. Section 239ABB inserted 1 November 2007 section 6 Companies Amendment Act 2006
9: Protection of company's property during administration
Subpart 9 inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABC: Charge unenforceable
Subject to subpart 10
a: with the administrator's written consent; or
b: with the permission of the court. Corporations Act 2001 s 440B (Aust) Section 239ABC inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABD: Owner or lessor must not recover property used by company
During the administration of a company, the owner or lessor of property that was used or occupied by, or is in the possession of, the company must not take possession of the property or otherwise recover it, except—
a: with the administrator's written consent; or
b: with the permission of the court. Corporations Act 2001 s 440C (Aust) Section 239ABD inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABE: Proceeding must not be begun or continued
During the administration of a company, a proceeding in a court against the company or in relation to any of its property must not be begun or continued, except—
a: with the administrator's written consent; or
b: with the permission of the court and in accordance with the terms that the court imposes. Corporations Act 2001 s 440D (Aust) Section 239ABE inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABF: Administrator not liable in damages for refusing consent
An administrator is not liable in damages for a refusal to give an approval or consent for the purposes of this subpart. Corporations Act 2001 s 440E (Aust) Section 239ABF inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABG: Enforcement process halted
During the administration of a company, an enforcement process in relation to the company's property must not be begun or continued except with the permission of the court and in accordance with the terms that the court imposes. Corporations Act 2001 s 440F (Aust) Section 239ABG inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABH: Duties of court officer in relation to company's property
1: This section applies to a court officer, that is, a sheriff or registrar or other appropriate officer of the court, who receives written notice that a company is in administration.
2: During the administration, the court officer must not—
a: take action to sell property of the company under an execution process; or
b: pay to a person (other than the administrator)—
i: proceeds of the sale of the company's property (at any time) under an execution process; or
ii: money of the company seized (at any time) under an execution process; or
iii: money paid (at any time) to avoid seizure or sale of property of the company under an execution process; or
c: take action in relation to the attachment of a debt due to the company; or
d: pay to any person (other than the administrator) money received because of the attachment of a debt due to the company.
3: The court officer must deliver to the administrator any property of the company that is in the court officer's possession under an execution process (whenever begun).
4: The court officer must pay to the administrator all proceeds or money of a kind referred to in subsection (2)(b) or (d) that—
a: are in the court officer's possession; or
b: have been paid into the court and have not since been paid out.
5: The costs of the execution or attachment are a first charge over property delivered under subsection (3) or proceeds or money paid under subsection (4).
6: In order to give effect to a charge under subsection (5) on proceeds or money the court officer may retain, on behalf of the person entitled to the charge, so much of the proceeds as the court officer thinks necessary.
7: The court may, if it is satisfied that it is appropriate to do so, permit the court officer to take action, or make a payment, that subsection (2) would otherwise prevent.
8: A person who buys property in good faith under a sale under an execution process obtains a good title to the property as against the company and the administrator, despite anything else in this section. Corporations Act 2001 s 440G (Aust) Section 239ABH inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABI: Lis pendens
1: This section has effect only for the purposes of a law about the effect of a lis pendens
2: During the administration of a company, an application for the appointment of a liquidator to the company is taken to be pending.
3: An application that is taken because of subsection (2) to be pending constitutes a lis pendens Corporations Act 2001 s 440H (Aust) Section 239ABI inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABJ: Administration not to trigger enforcement of guarantee of liability of director or relative
1: During the administration of a company, except with the court's permission and in accordance with the terms that the court may impose, a guarantee of a liability of the company must not be enforced against—
a: a director of the company; or
b: that person's spouse or relative.
2: In this section, liability Corporations Act 2001 s 440J(1) (Aust) Section 239ABJ inserted 1 November 2007 section 6 Companies Amendment Act 2006
10: Rights of secured creditor, owner, or lessor
Subpart 10 inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABK: Meaning of terms used in this subpart
In this subpart, unless the context otherwise requires,— decision period
a: begins—
i: if notice of the appointment of the administrator must be given to the secured creditor under section 239ADW(1)(c)
ii: in any other case, on the day when the administration begins; and
b: ends at the end of the tenth working day after the day when it begins enforce
a: to appoint a receiver of property of the company under a power contained in an instrument relating to the charge; or
b: to obtain an order for the appointment of a receiver of that property for the purpose of enforcing the charge; or
c: to enter into possession, or assume control, of that property for that purpose; or
d: to appoint a person to enter into possession or assume control (whether as agent for the secured creditor or for the company) for that purpose; or
e: to exercise, as secured creditor or as a receiver or person so appointed, a right, power, or remedy existing because of the charge, whether arising under an instrument relating to the charge, under a written or unwritten law, or otherwise. Section 239ABK inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABL: If secured creditor acts before or during decision period
1: This section applies if—
a: the whole, or substantially the whole, of the property of a company in administration is subject to a charge; and
b: before or during the decision period, the secured creditor enforces the charge in relation to all property of the company subject to the charge, whether or not the charge is enforced in the same way in relation to all that property.
2: This section also applies if—
a: a company is in administration; and
b: the same person is the secured creditor in relation to each of 2 or more charges over the property of the company; and
c: the property of the company (in this subsection called the charged property
d: before or during the decision period, the secured creditor enforces together the charges in relation to all the charged property—
i: whether or not the charges are enforced in the same way in relation to all the charged property; and
ii: whether or not any of the charges is enforced in the same way in relation to all the property of the company subject to that charge; and
iii: in so far as the charges are enforced in relation to property of the company in a way referred to in paragraph (a), (b), or (d) of the definition of enforce in section 239ABK
3: Nothing in section 239ABC section 239ABO
a: the secured creditor:
b: a receiver or person appointed as mentioned in paragraph (a), (b), or (d) of the definition of enforce in section 239ABK
4: Section 239Z Corporations Act 2001 s 441A (Aust) Section 239ABL inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABM: If enforcement of charges begins before administration
1: This section applies if, before the beginning of the administration of a company, a secured creditor, receiver, or other person, for the purpose of enforcing a charge over the property,—
a: entered into possession, or assumed control, of the property of the company; or
b: entered into an agreement to sell the property; or
c: made arrangements for the property to be offered for sale by public auction; or
d: publicly invited tenders for the purchase of the property; or
e: exercised any other power in relation to the property.
2: Nothing in section 239ABC
3: Section 239Z
a: in the exercise of a power of the secured creditor as secured creditor; or
b: in the performance or exercise of a function or power of the receiver or other person. Corporations Act 2001 s 441B (Aust) Section 239ABM inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABMA: Enforcement of security interest over collateral for qualifying derivative
1: Nothing in sections 239ABC 239ABD 239ABE 239ABG
a: the counterparties to the derivative are—
i: 2 qualifying counterparties; or
ii: a qualifying counterparty and an overseas person; and
b: before enforcement, the collateral is transferred or otherwise dealt with so as to be in the possession or under the control of—
i: the secured creditor; or
ii: another person (who is not the company that granted the security interest) on behalf of the secured creditor, under the terms of an arrangement evidenced in writing.
2: The persons are—
a: the secured creditor:
b: a receiver or person appointed as mentioned in paragraph (a), (b), or (d) of the definition of enforce in section 239ABK
3: Terms and expressions defined in section 122A Banking (Prudential Supervision) Act 1989
4: Section 122B Banking (Prudential Supervision) Act 1989
a: treating references to section 122(9A)(b)
b: treating references to the enforcing counterparty as references to the secured creditor; and
c: treating references to the grantor as references to the company that granted the security interest. Section 239ABMA inserted 31 August 2019 section 10 Financial Markets (Derivatives Margin and Benchmarking) Reform Amendment Act 2019 Section 239ABMA(3) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 239ABMA(4) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021
239ABN: Charge over perishable property
1: This section applies if perishable property of a company in administration is subject to a charge.
2: Nothing in section 239ABC section 239ABK
3: Section 239Z
a: in the exercise of a power of the secured creditor as secured creditor; or
b: in the performance or exercise of a function or power of the receiver or other person. Corporations Act 2001 s 441C (Aust) Section 239ABN inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABO: Court may limit powers of secured creditor, etc, in relation to property subject to charge
1: This section—
a: applies if,—
i: for the purpose of enforcing a charge over property of a company, the secured creditor, a receiver, or other person does an act of a kind referred to in section 239ABM(1)
ii: the company is in administration when the secured creditor, receiver, or other person does that act, or an administrator is later appointed to the company:
b: does not apply in a case where section 239ABL
2: On an application by the administrator, the court may order the secured creditor, receiver, or other person not to perform specified functions or exercise specified powers, except as permitted by the order.
3: The court may make an order only if satisfied that what the administrator proposes to do during the administration will adequately protect the secured creditor's interests.
4: An order—
a: may be made only, and has effect only, during the administration; and
b: has effect despite section 239ABM 239ABN Corporations Act 2001 s 441D (Aust) Section 239ABO inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABP: Giving notice under security agreement
Section 239ABC Corporations Act 2001 s 441E (Aust) Section 239ABP inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABQ: If recovery of property begins before administration
1: This section applies if, before the beginning of the administration of a company, a receiver or other person, for the purpose of enforcing a right of the owner or lessor of the property to take possession of the property or otherwise recover it,—
a: entered into possession of, or assumed control of, property used or occupied by, or in the possession of, the company; or
b: exercised any other power in relation to the property.
2: Section 239ABD
3: Section 239Z Corporations Act 2001 s 441F (Aust) Section 239ABQ inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABR: Recovering perishable property
1: Nothing in section 239ABD
2: Section 239Z Corporations Act 2001 s 441G (Aust) Section 239ABR inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABS: Court may limit powers of receiver, etc, in relation to property used by company
1: This section applies if,—
a: for the purpose of enforcing a right of the owner or lessor of property used or occupied by, or in the possession of, a company to take possession of the property or otherwise recover it, a person—
i: enters into possession, or assumes control, of the property; or
ii: exercises any other power in relation to the property; and
b: the company is in administration when the person does so, or an administrator is later appointed to the company.
2: On an application by the administrator, the court may order the person not to perform specified functions, or exercise specified powers, in relation to the property, except as permitted by the order.
3: The court may make an order only if satisfied that what the administrator proposes to do during the administration will adequately protect the interests of the owner or lessor.
4: An order—
a: may be made only, and has effect only, during the administration; and
b: has effect despite sections 239ABQ 239ABR Corporations Act 2001 s 441H (Aust) Section 239ABS inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABT: Giving notice under agreement about property
Nothing in section 239ABD Corporations Act 2001 s 441J (Aust) Section 239ABT inserted 1 November 2007 section 6 Companies Amendment Act 2006
11: Interface with liquidation
Subpart 11 inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABU: When liquidator may be appointed to company in administration
A liquidator may be appointed to a company in administration—
a: by the court, on an application for the appointment of a liquidator under section 241(2)(c)
b: by resolution of the creditors at the watershed meeting or at a meeting convened under section 239ADF Section 239ABU inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABV: Court may adjourn application for liquidation
The court may adjourn an application under section 241(2)(c) Corporations Act 2001 s 440A(2) (Aust) Section 239ABV inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABW: Court must not appoint interim liquidator if administration in creditors' interests
The court must not appoint an interim liquidator of a company in administration if the court is satisfied that it is in the interests of the company's creditors for the company to continue in administration rather than have an interim liquidator appointed. Corporations Act 2001 s 440A(3) (Aust) Section 239ABW inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABX: Effect of appointment of liquidator
The appointment of a liquidator to a company in administration ends the administration. Section 239ABX inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ABY: Former administrator is default liquidator
1: In the case of the appointment of a liquidator to a company in administration by the creditors, the former administrator is the liquidator if—
a: the creditors' resolution does not nominate a person for appointment; or
b: the person nominated—
i: is disqualified from acting as a liquidator under section 280(2)
ii: has not satisfied the requirements of section 282
iii: is not a licensed insolvency practitioner who is permitted to act as a liquidator of the company in accordance with the Insolvency Practitioners Regulation Act 2019
c: the person nominated is for any other reason unable or unwilling to act as liquidator.
2: However, the former administrator must appoint another person as the liquidator if the former administrator is disqualified from acting as a liquidator or is not a licensed insolvency practitioner who is permitted to act as a liquidator of the company in accordance with the Insolvency Practitioners Regulation Act 2019 Section 239ABY inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239ABY(1)(b) replaced 1 September 2020 section 16(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239ABY(2) inserted 1 September 2020 section 16(2) Insolvency Practitioners Regulation (Amendments) Act 2019
239ABYA: Provision of information and assistance to liquidator
1: This section applies if a person was acting as an administrator of a company before the appointment of a liquidator to the company.
2: The administrator must, where practicable, provide to the liquidator the information that the administrator has in their possession or under their control and that the liquidator reasonably requires to carry out the functions and duties of liquidator.
3: The information referred to in subsection (2) includes—
a: the records and other documents of the company:
b: any information necessary to provide the liquidator with control over the property of the company:
c: any information relating to claims:
d: accounting records and other documents of the administration.
4: The administrator must, where practicable, provide to the liquidator any assistance that the liquidator reasonably requires to carry out the functions and duties of liquidator.
5: A person who fails to comply with subsection (2) or (4) commits an offence and is liable on conviction to the penalty set out in section 373(2) Section 239ABYA inserted 1 September 2020 section 17 Insolvency Practitioners Regulation (Amendments) Act 2019
239ABZ: Person in control of company must lodge revised report with Registrar
1: This section applies when a liquidator is appointed to a company that is in administration or under a deed of company arrangement.
2: The administrator or, if the company is under a deed of company arrangement, the deed administrator must as soon as practicable lodge the following documents with the Registrar:
a: a copy of the administrator's report that accompanied the notice to creditors of the watershed meeting; and
b: a further report updating the administrator's report with any matters of which the administrator or deed administrator is aware that—
i: are not referred to in the administrator's report, or have changed since that report; and
ii: affect the financial position of the company.
3: If there is no administrator or deed administrator acting when the company is placed in liquidation, the director or directors of the company at the date of liquidation must take the steps described in subsection (2) as if they were the administrator or deed administrator. Section 239ABZ inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ACA: Act of administrator in good faith must not be set aside in liquidation
A payment made, transaction entered into, or any other act or thing done, in good faith, by or with the consent of the administrator of a company in administration, must not be set aside in a liquidation of the company. Corporations Act 2001 s 451C(b) (Aust) Section 239ACA inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ACB: Voidable transactions
and voidable dispositions
1: The voidable transaction and voidable disposition provisions do not apply to a transaction or disposition by a company in administration if the transaction or disposition is
a: carried out by or with the authority of the administrator or deed administrator; or
b: specifically authorised by the deed of company arrangement and carried out by the deed administrator.
2: In this section, voidable transaction and voidable disposition provisions sections 292 to 296D Section 239ACB inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239ACB heading amended 1 September 2020 section 18(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239ACB(1) amended 1 September 2020 section 18(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239ACB(2) replaced 1 September 2020 section 18(3) Insolvency Practitioners Regulation (Amendments) Act 2019
12: Deed administrator
Subpart 12 inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ACC: Who is deed administrator
The administrator of the company is the deed administrator, unless the creditors at the watershed meeting by resolution appoint someone else to be the deed administrator. Corporations Act 2001 s 444A(2) (Aust) Section 239ACC inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ACD: Who may be appointed as deed administrator
1: A person may be appointed as a deed administrator of a company if the person—
a: is a licensed insolvency practitioner who is permitted to act as a deed administrator of the company under the Insolvency Practitioners Regulation Act 2019
b: is not disqualified under subsection (2).
2: Unless the court orders otherwise, a person is disqualified from appointment as a deed administrator of a company if the person would be disqualified from appointment as a liquidator of that company under section 280(2)
3: For the purpose of subsection (2),—
a: in section 280
i: a reference to the commencement of the liquidation must be read as if it were a reference to the execution of the deed of company arrangement:
ii: a reference to a company must be read as if it were a reference to the company under a deed of company arrangement; and
b: section 280(4)(c)
4: A person commits an offence, and is liable on conviction to the penalty set out in section 373(2)
a: the person knows or ought reasonably to know that they are disqualified under subsection (2); and
b: the person,—
i: with their consent, is appointed as a deed administrator; or
ii: acts as a deed administrator.
5: See also section 8(2) Section 239ACD replaced 1 September 2020 section 19 Insolvency Practitioners Regulation (Amendments) Act 2019
239ACE: What deed administrator must do before appointment
1: A person must not be appointed as a deed administrator of a company unless the person has—
a: consented in writing and has not withdrawn the consent at the time when the deed of company arrangement is executed; and
b: certified in writing that the person—
i: is a licensed insolvency practitioner; and
ii: is permitted to act as a deed administrator of the company under the Insolvency Practitioners Regulation Act 2019
iii: is not disqualified from appointment under section 239ACD(2)
c: tabled at the watershed meeting (or, if section 239ACP
i: the written consent and certificate required under paragraphs (a) and (b); and
ii: an interests statement that complies with section 239ACEA
2: A person commits an offence, and is liable on conviction to the penalty set out in section 373(2)
a: the person, with their consent, is appointed as a deed administrator despite failing to certify the matters set out in subsection (1)(b); or
b: the person fails to comply with subsection (1)(c).
3: The acts of a person as a deed administrator are valid even if the person does not meet the requirements of section 239ACD(1) Section 239ACE replaced 1 September 2020 section 19 Insolvency Practitioners Regulation (Amendments) Act 2019
239ACEA: Requirements for interests statement
1: This section sets out the requirements for the interests statement referred to in section 239ACE(1)(c)(ii)
2: The interests statement must disclose—
a: any circumstance, relationship, or other fact that creates, or could reasonably be perceived as creating, a conflict of interest for the insolvency practitioner in relation to the independence of the insolvency practitioner’s role as a deed administrator, including anything that would, but for a court order to the contrary, have disqualified the person—
i: from being appointed as or acting as a deed administrator ( see section 239ACD(2)
ii: from being a licensed insolvency practitioner; and
b: the nature of any actual or perceived conflict of interest created by a circumstance, relationship, or other fact; and
c: how the insolvency practitioner intends to manage any actual or perceived conflict of interest.
3: In preparing the interests statement, the insolvency practitioner must make any inquiries that are reasonably necessary for ensuring that the interests statement is complete.
4: The interests statement must be in writing and be dated and signed by the insolvency practitioner. Section 239ACEA inserted 1 September 2020 section 19 Insolvency Practitioners Regulation (Amendments) Act 2019
239ACF: Appointment of deed administrator must not be revoked
Except in the case of removal by the court, the appointment of the deed administrator must not be revoked. Corporations Act 2001 s 449A (Aust) Section 239ACF inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ACG: Appointment of 2 or more deed administrators
1: Two or more persons may be appointed deed administrators in any case where this Act provides for the appointment of a deed administrator.
2: If 2 or more persons are appointed deed administrators jointly,—
a: a deed administrator's function or power may be performed or exercised by any one of them, or by any 2 or more of them together, except so far as the order, instrument, or resolution appointing them provides otherwise; and
b: a reference in this Act to a deed administrator or the deed administrator refers to whichever 1 or more of the deed administrators the case requires. Corporations Act 2001 s 451B (Aust) Section 239ACG inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ACH: When office of deed administrator vacant
The office of the deed administrator is vacant if the deed administrator—
a: resigns in accordance with section 239ACI
ab: dies; or
b: becomes disqualified from appointment as a deed administrator ( see section 239ACD(2)
c: is removed by the court ; or
d: ceases to be a licensed insolvency practitioner who is permitted to act as a deed administrator of the company in accordance with the Insolvency Practitioners Regulation Act 2019 Section 239ACH inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239ACH(a) replaced 1 September 2020 section 20(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239ACH(ab) inserted 1 September 2020 section 20(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239ACH(c) amended 1 September 2020 section 20(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239ACH(d) inserted 1 September 2020 section 20(2) Insolvency Practitioners Regulation (Amendments) Act 2019
239ACI: Deed administrator may resign
The deed administrator may resign by giving written notice to the company. Section 239ACI inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ACJ: Removal of deed administrator
1: The court may—
a: remove the deed administrator, and appoint a person in his or her place; or
b: appoint a new deed administrator, if the deed of company arrangement has not yet terminated but for some reason no deed administrator is acting.
2: The court may make an order under subsection (1) on the application of a creditor of the company, a shareholder, the liquidator (if the company is in liquidation), the FMA (if the company is a financial markets participant), Section 239ACJ inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239ACJ(2) amended 1 May 2011 section 82 Financial Markets Authority Act 2011
239ACJA: Provision of information and assistance to replacement deed administrator
1: This section applies if a replacement deed administrator is appointed.
2: The previous deed administrator must, where practicable, provide to the replacement deed administrator the information that the previous deed administrator has in their possession or under their control and that the replacement deed administrator reasonably requires to carry out the functions and duties of deed administrator.
3: The information referred to in subsection (2) includes—
a: the records and other documents of the company:
b: any information necessary to provide the replacement deed administrator with control over the property of the company (to the extent permitted by the deed):
c: any information relating to claims:
d: accounting records and other documents of the administration of the deed of company arrangement.
4: The previous deed administrator must, where practicable, provide to the replacement deed administrator any assistance that the replacement deed administrator reasonably requires to carry out the functions and duties of deed administrator.
5: A person who fails to comply with subsection (2) or (4) commits an offence and is liable on conviction to the penalty set out in section 373(2) Section 239ACJA inserted 1 September 2020 section 21 Insolvency Practitioners Regulation (Amendments) Act 2019
239ACK: Remuneration of deed administrator
1: The deed administrator is entitled to charge reasonable remuneration for carrying out his or her duties and exercising his or her powers as deed administrator.
2: The court may, on the application of the deed administrator, a director or officer of the company, a creditor, or a shareholder, review or fix the deed administrator's remuneration at a level that is reasonable in the circumstances.
3: A creditor or shareholder may make an application under subsection (2) only with the leave of the court. 1993 No 105 ss 276(1), 284(1)(e) Section 239ACK inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ACL: Deed administrator may sell shares in company
1: The deed administrator may sell existing shares in the company—
a: with the consent of the shareholder in question; or
b: if the shareholder does not consent, with the permission of the court given on an application of the deed administrator.
2: The shareholder concerned, a creditor, the FMA (if the company is a financial markets participant), Section 239ACL inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239ACL(2) amended 1 May 2011 section 82 Financial Markets Authority Act 2011
13: Execution and effect of deed of company arrangement
Subpart 13 inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ACM: When this subpart applies
This subpart applies when the creditors, at the watershed meeting, have resolved that the company execute a deed of company arrangement. Corporations Act 2001 s 444A(1) (Aust) Section 239ACM inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ACN: Preparation and contents of deed
1: The deed administrator must prepare a document that sets out the terms of the deed.
2: The document must also specify the following:
a: who the deed administrator is:
b: the property of the company (whether or not it is already owned by the company when it executes the deed) that will be available to pay creditors:
c: the nature and duration of any moratorium period for which the deed provides:
d: to what extent the company will be released from its debts:
e: the conditions (if any) for the deed to come into operation:
f: the conditions (if any) for the deed to continue in operation:
g: the circumstances in which the deed terminates:
h: the order in which the proceeds of realisation of the property referred to in paragraph (b) will be distributed among creditors who are bound by the deed:
i: the day (which is called the cut-off day
3: The document is treated as including any prescribed provisions, except those prescribed provisions that the document expressly excludes. Corporations Act 2001 s 444A(3)–(5) (Aust) Section 239ACN inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ACO: Execution of deed
1: The deed is a deed of company arrangement when it is executed by both the company in administration and the deed administrator.
2: The deadline for the execution of the deed by the company and the deed administrator is—
a: 15 working days after the watershed meeting has approved it; or
b: the further time that the court allows, if the deed administrator has applied to the court for an extension before the end of the initial period of 15 working days after approval.
3: The company may not execute the deed unless the board of the company has, by resolution, authorised the deed to be executed by the company or on its behalf.
4: Subsection (3) has effect despite section 239X Corporations Act 2001 s 444B (Aust) Section 239ACO inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ACP: Procedure if deed not fully approved at watershed meeting
1: If, at the watershed meeting, the creditors resolve that the company execute a deed of company arrangement, but the proposed deed is not fully approved at the meeting, then—
a: the administrator must draft the complete deed and circulate it to the creditors within 10 working days after the meeting (called in this section the preparation period
b: the creditors have a period of 3 working days (called in this section the inspection period
c: the company and the deed administrator must execute the deed within 2 working days (called in this section the execution period
2: The court may extend the preparation period by up to 10 working days, on an application by the administrator, but only if the application is made within the original preparation period.
3: The court may extend the execution period by up to 2 working days, on an application by the administrator, but only if the application is made within the original execution period. Section 239ACP inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ACQ: Creditor must not act inconsistently with deed, etc, before execution
1: In this section, interim period
a: execution of the deed by the company and the deed administrator; or
b: expiry of the period during which the deed may be executed.
2: In the interim period, in so far as a person would be bound by the deed if it had already been executed, that person—
a: must not do anything inconsistent with the deed, except with the permission of the court; and
b: must not take a step that is prohibited under section 239ACU Corporations Act 2001 s 444C (Aust) Section 239ACQ inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ACR: Company's failure to execute deed
If the creditors at the watershed meeting have passed a resolution that the company execute a deed of company arrangement, and the company fails to do so within the deadline for execution, then, notwithstanding section 239E(2)(e)
a: the administrator must apply for the appointment of a liquidator to the company; or
b: if the company is already in liquidation, the administrator must apply for the liquidation to resume. Section 239ACR inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ACS: Who is bound by deed
A deed of company arrangement binds—
a: the company's creditors, to the extent provided by section 239ACT
b: the company; and
c: the company's directors, officers, and shareholders; and
d: the deed administrator. Corporations Act 2001 s 444G (Aust) Section 239ACS inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ACT: Extent to which deed binds creditors
1: A deed of company arrangement binds all creditors in respect of claims that arise on or before the cut-off day ( see section 239ACN(2)(i)
2: This section does not prevent a secured creditor from enforcing or otherwise dealing with the charge, except so far as—
a: the deed provides otherwise in relation to a secured creditor who at the watershed meeting voted in favour of the resolution as a result of which the company executed the deed; or
b: the court orders otherwise under section 239ACV(1)(a)
3: This section does not affect a right that an owner or lessor of property has in relation to that property, except so far as—
a: the deed provides otherwise in relation to an owner or lessor of property who at the watershed meeting voted in favour of the resolution as a result of which the company executed the deed; or
b: the court orders otherwise under section 239ACV(1)(b) Corporations Act 2001 s 444D (Aust) Section 239ACT inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ACU: Person bound by deed must not take steps to liquidate, etc
1: A person who is bound by a deed of company arrangement must not, while the deed is in force,—
a: apply, or continue with an application, to the court for the appointment of a liquidator of the company:
b: except with the court's permission, begin or continue a proceeding against the company or in relation to any of its property:
c: except with the court's permission, begin or continue an enforcement process against the company's property.
2: In this section, property Corporations Act 2001 s 444E (Aust) Section 239ACU inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ACV: Court may restrain creditors and others from enforcing charge or recovering property
1: The court may, at any time after creditors have resolved at the watershed meeting that a deed of company arrangement be executed, order that, except as permitted by the order,—
a: a secured creditor must not enforce or otherwise deal with the charge; or
b: the owner or lessor of property that is used or occupied by the company or is in the company's possession must not take possession of the property or otherwise recover it.
2: The court may make the order only if—
a: it is satisfied that achieving the purposes of the deed would be materially adversely affected if the order was not made; and
b: having regard to the terms of the deed and the order, and any other relevant matter, it is satisfied that the interests of the person affected by the order, that is the creditor, property owner, or lessor, will be adequately protected.
3: An application for an order under this section may be made only,—
a: if the deed has not yet been executed, by the administrator; or
b: if the deed has been executed, by the deed administrator.
4: The court's order may be made subject to conditions. Corporations Act 2001 s 444F (Aust) Section 239ACV inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ACW: Effect of deed on company's debts
1: A deed of company arrangement releases the company from a debt only in so far as—
a: the deed provides for the release; and
b: the creditor concerned is bound by the deed.
2: The release of the company from a debt under subsection (1) does not discharge or otherwise affect the liability of—
a: a guarantor of the debt; or
b: a person who has indemnified the creditor concerned against default by the company in relation to the debt. Corporations Act 2001 s 444H (Aust) Section 239ACW inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ACX: Court may rule on validity of deed
1: The court may rule on the validity of a deed of company arrangement if there is doubt, on a specific ground, whether a deed of company arrangement—
a: was entered into in accordance with this Part; or
b: complies with this Part.
2: An application under this section may be made by—
a: the deed administrator; or
b: a shareholder or creditor of the company; or
ba: the FMA (if the company is a financial markets participant); or
c: the Registrar.
3: On an application under this section,—
a: the court may declare the deed void or not void:
b: if the deed is void for contravention of a provision of this Part, the court may validate the deed, or any part of it, provided the court is satisfied that—
i: the provision was substantially complied with; and
ii: no injustice will result for anyone bound by the deed if the contravention is disregarded.
4: The court may, if it declares that a provision of the deed is void, vary the deed, but only if the deed administrator consents. Corporations Act 2001 s 445G (Aust) Section 239ACX inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239ACX(2)(ba) inserted 1 May 2011 section 82 Financial Markets Authority Act 2011
14: Administrator's duty to file accounts
and summary reports Subpart 14 inserted 1 November 2007 section 6 Companies Amendment Act 2006 Subpart 14 heading amended 1 September 2020 section 22 Insolvency Practitioners Regulation (Amendments) Act 2019
239ACY: Administrator includes deed administrator
In this subpart, unless the context otherwise requires, administrator Section 239ACY inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ACZ: Administrator must file accounts
1: Every administrator must file an account with the Registrar for each of the following periods:
a: the period of 6 months (or shorter, as the administrator decides) after the day on which the administrator was appointed; and
b: each subsequent period of 6 months during which the administrator holds office; and
c: the period between the last period of the kind referred to in paragraph (b) and the day on which the administrator vacates office.
2: The administrator must file the account within 20 working days after the end of the period in question.
3: The account must be in the prescribed form and must show,—
a: for each period, the administrator's receipts and payments; and
b: for each period except the first, the aggregates of the administrator's receipts and payments since the day on which the administrator was appointed.
4: A person who fails to comply with this section commits an offence and is liable on conviction to the penalty set out in section 373(2) Corporations Act 2001 s 432(1), (1A)(a), (b) (Aust) Section 239ACZ inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239ACZ(4) inserted 1 September 2020 section 23 Insolvency Practitioners Regulation (Amendments) Act 2019
239ACZA: Administrator must file updates to interests statement
1: An administrator must, within 20 working days after the end of each period of 6 months following the date on which the administrator was appointed, prepare and send to every known creditor an updated interests statement that complies with section 239APA
2: The updated interests statement may be in the form of a statement to be read in conjunction with previous interests statements and updates.
3: A person who fails to comply with this section commits an offence and is liable on conviction to the penalty set out in section 373(2) Section 239ACZA inserted 1 September 2020 section 24 Insolvency Practitioners Regulation (Amendments) Act 2019
239ACZB: Administrator must file summary report
1: This section applies to—
a: a person who is the administrator at the end of an administration; and
b: a person who is the deed administrator on the termination of a deed of company arrangement.
2: As soon as practicable after completing his or her duties in relation to the administration or deed of company arrangement (as the case may be), the person must provide to the Registrar, in the manner specified by the Registrar, a summary report.
3: The summary report must contain the prescribed information.
4: A person who fails to comply with this section commits an offence and is liable on conviction to the penalty set out in section 373(2) Section 239ACZB inserted 1 September 2020 section 24 Insolvency Practitioners Regulation (Amendments) Act 2019
15: Variation and termination of deed
Subpart 15 inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ADA: Creditors may vary deed
The creditors may vary a deed of company arrangement by a resolution passed at a meeting convened under section 239ADF Corporations Act 2001 s 445A (Aust) Section 239ADA inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ADB: Court may cancel creditors' variation
1: A creditor of a company in administration may apply to the court for an order cancelling the variation of the deed of company arrangement by the creditors.
2: On the application, the court may, if it is just and equitable to do so,—
a: cancel or confirm the variation, wholly or in part, on specified conditions (if any); and
b: make any other orders that the court thinks appropriate. Corporations Act 2001 s 445B (Aust) Section 239ADB inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ADC: Termination of deed
1: A deed of company arrangement may be terminated—
a: by the court under section 239ADD
b: by a resolution of the creditors under section 239ADE
c: automatically, if the deed specifies circumstances in which the deed will terminate, and those circumstances occur.
2: The deed administrator must give written notice to the Registrar of the fact that a deed has been terminated under subsection (1)(a) or (c). Corporations Act 2001 s 445C (Aust) Section 239ADC inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239ADC(2) inserted 31 August 2012 section 6 Companies Amendment Act (No 2) 2012
239ADD: Termination by court
1: The court may terminate a deed of company arrangement on the application of—
a: the company; or
b: a creditor; or
c: the deed administrator; or
d: any other interested person.
2: The court may terminate a deed of company arrangement if it is satisfied that—
a: an information breach has occurred; or
b: there has been a material contravention of the deed by a person bound by it; or
c: effect cannot be given to the deed without injustice or undue delay; or
d: the deed or a provision of it is, an act or omission done or made under the deed was, or an act or omission proposed to be done or made under the deed would be,—
i: oppressive or unfairly prejudicial to, or unfairly discriminatory against, 1 or more of the creditors; or
ii: contrary to the interests of the company as a whole; or
e: the deed should be terminated for some other reason.
3: The court must not terminate the deed without first taking into account the rights of third parties.
4: In this section, an information breach
a: false or misleading information about the company's business, property, affairs, or financial circumstances—
i: was given to the administrator or the creditors; or
ii: was contained in a report or statement under section 239AU(3)
b: there was an omission from the report or statement referred to in paragraph (a)(ii); and
c: the information or the omission, as the case may be, can reasonably have been expected to be material to the creditors in deciding whether to vote in favour of the resolution that the company execute the deed of company arrangement. Corporations Act 2001 s 445D (Aust) Section 239ADD inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ADE: Termination by creditors
1: The creditors, by a resolution passed at a meeting convened under section 239ADF
2: The creditors may also appoint a liquidator if the notice of the meeting sets out a proposed resolution that a liquidator be appointed to the company. Corporations Act 2001 s 445E (Aust) Section 239ADE inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ADF: Creditors' meeting to consider proposed variation or termination of deed
1: The deed administrator—
a: may at any time convene a meeting of the company's creditors to consider a variation to, or the termination of, the deed; and
b: must convene a meeting if requested to do so in writing by creditors whose claims against the company are not less than 10% in value of the total value of all creditors' claims.
2: The deed administrator must convene the meeting by—
a: giving written notice to as many of the company's creditors as reasonably practicable; and
b: advertising the meeting in accordance with section 3(1)(a)
3: The administrator must take the steps in subsection (2) not less than 5 working days before the meeting.
4: The notice given to the creditors must set out any resolution for varying or terminating the deed that is to be considered by the meeting.
5: The deed administrator must preside at the meeting.
6: The meeting may be adjourned from time to time. Corporations Act 2001 s 445F (Aust) Section 239ADF inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239ADF(2)(b) amended 1 September 2020 section 58 Insolvency Practitioners Regulation (Amendments) Act 2019
16: Administrator's liability and indemnity for debts of administration
Subpart 16 inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ADG: Administrator not liable for company's debts except as provided in this subpart and in section 239Y
The administrator is not liable for the debts of the company except as provided in this subpart and in section 239Y Corporations Act 2001 s 443C (Aust) Section 239ADG inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ADH: Administrator liable for general debts
1: The administrator is liable for debts that he or she incurs in the performance or exercise, or purported performance or exercise, of any of his or her functions and powers as administrator, for—
a: the purpose of funding the company; or
b: any services rendered; or
c: any goods bought; or
d: any property hired, leased, or occupied.
2: Subsection (1) has effect despite any agreement to the contrary, but without prejudice to the administrator's rights against the company or anyone else. Corporations Act 2001 s 443A (Aust) Section 239ADH inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ADI: Administrator's liability for rent
1: The administrator is personally liable, to the extent specified in subsection (2), for rent and other payments becoming due by the company under an agreement—
a: made before the administration began; and
b: relating to the use, possession, or occupation of property by the company.
2: The administrator is liable for rent and other payments that accrue in the period—
a: beginning more than 7 days after the administration begins; and
b: throughout which—
i: the company continues to use or occupy, or be in possession of, the property; and
ii: the administration continues; and
c: ending on the earliest of the following:
i: the end of the administration; or
ii: the administrator ceasing to hold office; or
iii: the appointment of a receiver of the property; or
iv: the appointment of an agent by a secured creditor of the property, under the provisions of a charge over the property, to enter into possession or to assume control of the property; or
v: when a secured creditor takes possession or assumes control of the property under the provisions of a charge over the property.
3: The administrator is not taken, because of subsection (2),—
a: to have adopted the agreement; or
b: to be liable under the agreement except as set out in subsection (2).
4: This section does not affect the liability of the company for rent and other payments due under the agreement. Corporations Act 2001 s 443B(1), (2), (7), (9) (Aust) Section 239ADI inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ADJ: Administrator not liable for rental if non-use notice in force
1: The administrator is not liable under section 239ADI
2: In this section, non-use notice
a: is given by the administrator to the owner or the lessor of the property within 7 days after the administration begins; and
b: specifies the property to which it relates; and
c: states that the company does not propose to use the property or otherwise exercise any rights in relation to it.
3: A non-use notice ceases to have effect if—
a: the administrator revokes it by written notice to the owner or lessor; or
b: the company exercises, or purports to exercise, a right in relation to the property.
4: In subsection (3)(b), the company does not exercise, or purport to exercise, a right in relation to the property merely because the company continues to occupy, or to be in possession of, the property, unless the company—
a: also uses the property; or
b: asserts a right, as against the owner or the lessor, to continue to occupy or be in possession.
5: A non-use notice does not affect the company's liability for rent and other payments. Corporations Act 2001 s 443B(3)–(6) (Aust) Section 239ADJ inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ADK: Court may exempt administrator from liability for rent
The court may exempt an administrator from liability for rent and other payments under section 239ADI Corporations Act 2001 s 443B(8) (Aust) Section 239ADK inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ADL: Administrator's indemnity
The administrator is indemnified out of the company's property for—
a: a personal liability incurred in the due performance of his or her duties, but not a personal liability incurred in bad faith or negligently; and
b: the remuneration to which the administrator is entitled under section 239O Corporations Act 2001 s 443D (Aust) Section 239ADL inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ADM: Administrator's right of indemnity has priority over other debts
Subject to section 312
a: all the company's unsecured debts; and
b: debts of the company secured by a charge of the kind described in clause 2(1)(b) Corporations Act 2001 s 443E (Aust) Section 239ADM inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ADN: Lien to secure indemnity
1: The administrator has a lien on the company's property to secure a right of indemnity under this subpart.
2: A lien under subsection (1) has priority over a charge to the same extent as the right of indemnity has priority over debts secured by the relevant charge. Corporations Act 2001 s 443F (Aust) Section 239ADN inserted 1 November 2007 section 6 Companies Amendment Act 2006
17: Powers of court
Subpart 17 inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ADO: Court's general power
1: The court may make any order that it thinks appropriate about how this Part is to operate in relation to a particular company.
2: For example, the court may terminate the administration under subsection (1) if the court is satisfied that the administration should end—
a: because the company is solvent; or
b: because the provisions of this Part are being abused; or
c: for some other reason.
3: The court's order may be made subject to conditions.
4: The court may make an order under this section on the application of—
a: the company or a shareholder of the company; or
b: a creditor of the company; or
c: the administrator; or
d: the deed administrator; or
da: the FMA (if the company is a financial markets participant); or
e: the Registrar; or
f: any other interested person. Corporations Act 2001 s 447A (Aust) Section 239ADO inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239ADO(4)(da) inserted 1 May 2011 section 82 Financial Markets Authority Act 2011
239ADP: Orders to protect creditors during administration
1: On the application of the Registrar or, if the company is a financial markets participant, the FMA, the court may make any order that it thinks necessary to protect the interests of the company's creditors while the company is in administration.
2: On the application of a creditor of a company, the court may make any order that it thinks necessary to protect the interests of that creditor while the company is in administration.
3: An order may be made subject to conditions. Corporations Act 2001 s 447B (Aust) Section 239ADP inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239ADP(1) replaced 1 May 2011 section 82 Financial Markets Authority Act 2011
239ADQ: Court may rule on validity of administrator's appointment
1: If there is doubt, on a specific ground, as to the validity of the appointment of a person as administrator or deed administrator, any of the following persons may apply to the court for a ruling on the validity of the appointment:
a: the person appointed; or
b: the company in question; or
c: any of the company's creditors.
2: In ruling that the appointment is invalid, the court is not limited to the grounds specified in the application. Corporations Act 2001 s 447C (Aust) Section 239ADQ inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ADR: Administrator may seek directions
1: The administrator or the deed administrator may apply to the court for directions in relation to the performance or exercise of any of the administrator's functions and powers.
2: The deed administrator may apply to the court for directions in relation to the operation of, or giving effect to, the deed. Corporations Act 2001 s 447D (Aust) Section 239ADR inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ADS: Court may supervise administrator or deed administrator
1: The court may make any order it thinks just if it is satisfied that—
a: the administrator's or the deed administrator's management of the company's business, property, or affairs is prejudicial to the interests of some or all of the company's creditors or shareholders; or
b: the administrator's or deed administrator's conduct or proposed conduct has been or is or will be prejudicial to those interests.
2: An application for an order under this section may be made by—
a: a creditor or shareholder of the company in question; or
b: the Registrar. Corporations Act 2001 s 447E(1) (Aust) Section 239ADS inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ADT: Court may order administrator or deed administrator to remedy default
1: The court may order an administrator or deed administrator to remedy his or her default.
2: Examples of default include the following:
a: the administrator or deed administrator has failed, as required by this Act or otherwise by law, to make or file any return, account, or other document or to give a notice, and has not remedied the default within 10 working days after service on him or her of a notice by a shareholder or creditor of the company in administration requiring that the default be remedied:
b: the administrator or deed administrator has failed, after being required at any time by the liquidator of the company to do so,—
i: to render proper accounts of, and to vouch, his or her receipts and payments as administrator or deed administrator:
ii: to pay to the liquidator the amount properly payable to the liquidator.
3: An application for an order under this section may be made by—
a: a shareholder or creditor of the company, in the case of a default referred to in subsection (2)(a):
b: the liquidator, in the case of a default referred to in subsection (2)(b):
c: in any case, by the Registrar. Section 239ADT inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ADU: Court's power when office of administrator or deed administrator vacant, etc
1: The court may make any order it thinks just if it is satisfied that,—
a: in the case of a company in administration, the office of the administrator is vacant or no administrator is acting; or
b: in the case of a deed of company arrangement that is still in force, the office of the deed administrator is vacant or no deed administrator is acting.
2: An application for an order under this section may be made by—
a: a creditor or shareholder of the company; or
b: if the company is in liquidation, the liquidator; or
ba: if the company is a financial markets participant, the FMA; or
c: the Registrar. Corporations Act 2001 s 447E(2) (Aust) Section 239ADU inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239ADU(2)(ba) inserted 1 May 2011 section 82 Financial Markets Authority Act 2011
239ADUA: Meaning of failure to comply
1: In section 239ADV failure to comply
2: In proceedings under section 239ADV
a: a finding of any fact made in proceedings before the District Court or High Court for an offence under this Act or any other enactment that there was a failure to comply is prima facie evidence of that fact:
b: a finding described in paragraph (a) may be proved by production of a document under the seal of the court in which the finding was made. 1986 No 121 s 46 Section 239ADUA inserted 1 September 2020 section 25 Insolvency Practitioners Regulation (Amendments) Act 2019
239ADV: Prohibition order
1: The court must make a prohibition order in relation to a person if it is shown to the satisfaction of the court that that person is unfit to act as administrator or deed administrator by reason of persistent failures to comply or the seriousness of a failure to comply.
2: The period of the order is a matter for the discretion of the court and the court may make a prohibition period for an indefinite period.
3: A person to whom a prohibition order applies—
a: must not act (or continue to act) as an insolvency practitioner; and
b: must be treated as if they are not a licensed insolvency practitioner ( see section 8
4: The court may make an order under this section in relation to a past or current administrator of a company in administration, or a past or current deed administrator of a company under a deed of company arrangement,
a: the company or a shareholder of the company; or
b: a creditor of the company; or
c: the administrator or deed administrator of the company; or
d: the Registrar; or
e: any other interested person.
5: A copy of every order made under subsection (1) must be delivered by the applicant to the Registrar before the end of the working day after the day on which the order was made.
6: The Registrar must provide a copy of the order to each accredited body (within the meaning of the Insolvency Practitioners Regulation Act 2019
7: Section 239ADV inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239ADV(3) replaced 1 September 2020 section 26(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239ADV(4) amended 1 September 2020 section 26(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239ADV(5) replaced 1 September 2020 section 26(3) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239ADV(6) replaced 1 September 2020 section 26(3) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 239ADV(7) repealed 1 September 2020 section 26(3) Insolvency Practitioners Regulation (Amendments) Act 2019
18: Notices about steps taken under this Part
Subpart 18 inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ADW: Administrator must give notice of appointment
1: An administrator appointed by the company under section 239I section 239J section 239K section 239L section 239R(2)(a)
a: before the end of the next working day after appointment, lodge a notice of the appointment with the Registrar; and
b: not later than 3 working days after appointment, advertise the appointment in accordance with section 3(1)(b)
c: as soon as practicable, and in any event not later than the end of the next working day after appointment, give written notice of the appointment to—
i: each person who holds a charge over the whole, or substantially the whole, of the company's property; or
ii: each person who holds 2 or more charges in the property of the company if the property of the company subject to those charges together is the whole, or substantially the whole, of the company's property; and
d: in the notice referred to in paragraph (c), set out the rights of the creditor to enforce the charge under section 239ABL
2: The administrator need not give notice under subsection (1) to the person who appointed him or her.
3: A notice of appointment must identify who made the appointment and, if the administrator was appointed by the court, who applied to the court for the appointment. Corporations Act 2001 s 450A(1), (3), (4) (Aust) Section 239ADW inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239ADW(3) inserted 1 September 2020 section 27 Insolvency Practitioners Regulation (Amendments) Act 2019
239ADWA: Deed administrator must give notice of appointment
1: This section applies if the creditors at the watershed meeting, by resolution, appoint a person other than the administrator of the company to be the deed administrator.
2: The deed administrator must,—
a: before the end of the next working day after appointment, lodge a notice of appointment with the Registrar; and
b: not later than 5 working days after appointment, advertise the appointment in accordance with section 3(1)(a)
3: A notice of appointment must state that the appointment was made by the creditors at the watershed meeting. Section 239ADWA inserted 1 September 2020 section 28 Insolvency Practitioners Regulation (Amendments) Act 2019
239ADX: Secured creditor who appoints administrator must give notice to company
A secured creditor who appoints an administrator under section 239K Corporations Act 2001 s 450A(2) (Aust) Section 239ADX inserted 1 November 2007 section 6 Companies Amendment Act 2006
239ADY: Deed administrator must give notice of execution of deed of company arrangement
As soon as practicable after a deed of company arrangement is executed, the deed administrator must—
a: send to each creditor a written notice of the execution of the deed; and
b: advertise the execution of the deed in accordance with section 3(1)(a)
c: file a copy of the deed with the Registrar. Corporations Act 2001 s 450B (Aust) Section 239ADY inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239ADY(b) amended 1 September 2020 section 58 Insolvency Practitioners Regulation (Amendments) Act 2019
239ADZ: Deed administrator must give notice of failure to execute deed of company arrangement
If a company does not meet the deadline under section 239ACO 239ACP(1)(c)
a: cause a notice of the failure to execute the deed to be advertised in accordance with section 3(1)(a)
b: file a copy of the notice with the Registrar. Corporations Act 2001 s 450C (Aust) Section 239ADZ inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239ADZ(a) amended 1 September 2020 section 58 Insolvency Practitioners Regulation (Amendments) Act 2019
239AEA: Deed administrator must give notice of termination by creditors of deed of company arrangement
If the creditors terminate the deed of company arrangement, the deed administrator must as soon as practicable—
a: send a notice of the termination to each of the creditors; and
b: advertise the termination in accordance with section 3(1)(a)
c: file a copy of the notice with the Registrar. Corporations Act 2001 s 450D (Aust) Section 239AEA inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239AEA(b) amended 1 September 2020 section 58 Insolvency Practitioners Regulation (Amendments) Act 2019
239AEB: Company must disclose fact of administration
1: A company must set out, in every document issued or signed by, or on behalf of, the company that evidences or creates a legal obligation of the company, after the company's name where it first appears,—
a: for as long as the company is in administration, the words administrator appointed
b: for as a long as a deed of company arrangement is in force, the words subject to deed of company arrangement
2: The court may, on an application by the company, exempt the company from the requirement in subsection (1)(b).
3: A company that fails to comply with subsection (1) commits an offence and is liable on conviction to the penalty set out in section 373(1) Corporations Act 2001 s 450E (Aust) Section 239AEB inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AEC: Notice of change of name
1: A company in administration that changed its name less than 6 months before the appointment of the administrator must, in any document of the company where its name appears, include also its former name.
2: If a company to which subsection (1) applies is, in the course of the administration, placed in liquidation, the liquidator must, in any document of the company where its name appears, include also its former name. Section 239AEC inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AED: Effect of contravention of this subpart
A contravention of this subpart does not affect the validity of anything done or omitted under this Part, except so far as the court orders otherwise. Corporations Act 2001 s 450F (Aust) Section 239AED inserted 1 November 2007 section 6 Companies Amendment Act 2006
19: Miscellaneous
Subpart 19 inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AEE: Effect of things done during administration of company
A payment made, transaction entered into, or any other act or thing done, in good faith, by or with the consent of the administrator of a company in administration is valid and effective for the purposes of this Act. Corporations Act 2001 s 451C(a) (Aust) Section 239AEE inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AEF: Interruption of time for doing act
If there is a time before which, or a period during which, an act for any purpose may or must be done, and this Act prevents the act from being done in time, then the time or period in question is extended by the period during which this Act prevents the act from being done in time. Corporations Act 2001 s 451D (Aust) Section 239AEF inserted 1 November 2007 section 6 Companies Amendment Act 2006
20: Set-off and netting agreements
Subpart 20 inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AEG: Mutual credit and set-off
Where there have been mutual credits, mutual debts, or other mutual dealings between a company and a person who seeks or, but for the operation of this section, would seek to have a claim admitted under a deed of company arrangement,—
a: an account must be taken of what is due from one party to the other in respect of those credits, debts, or dealings; and
b: an amount due from one party must be set off against an amount due from the other party; and
c: only the balance of the account may be admitted under the deed of company arrangement, or is payable to the company, as the case may be. Section 239AEG inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AEH: Application of set-off under netting agreement
1: Sections 239AEI to 239AEP
a: to a netting agreement—
i: made in or evidenced by writing; and
ii: in which the application of sections 239AEI to 239AEP
iii: whether made before or after the commencement of this section; and
b: to all obligations under a netting agreement (whether those obligations are payable in New Zealand currency or in some other currency).
2: Sections 239AEI to 239AEP
a: any disposal of rights under a transaction that is subject to a netting agreement, in contravention of a prohibition in the netting agreement; or
b: the creation of a charge or other interest in respect of the rights referred to in paragraph (a) in contravention of a prohibition in the netting agreement.
3: Nothing in sections 239AEI to 239AEP
a: as the consideration, or part of the consideration, for the issue of a share; or
b: in satisfaction of a call in respect of an outstanding liability of the shareholder made by the board of the company or by the administrator. Section 239AEH inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AEI: Calculation of netted balance
If a company in administration is a party to a netting agreement,—
a: any netted balance payable by or to the company must be calculated in accordance with the netting agreement; and
b: that netted balance constitutes, in respect of the transactions that are included in the calculation,—
i: the debt that is owed to the creditor and that may be admitted under the deed of company arrangement; or
ii: the amount that is payable to the company,— as the case may be. Section 239AEI inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AEJ: Mutuality required for transactions under bilateral netting agreements
1: Sections 239AEI to 239AEP
2: Subsection (3) applies for the purpose of determining under this section whether there are mutual credits, mutual debts, or other mutual dealings.
3: A debt or other liability incurred by a person ( T Section 239AEJ inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239AEJ(2) inserted 31 March 2017 section 30 Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 239AEJ(3) inserted 31 March 2017 section 30 Regulatory Systems (Commercial Matters) Amendment Act 2017
239AEK: When mutuality required for transactions under recognised multilateral netting agreements
1: Sections 239AEI to 239AEP
2: Despite subsection (1), sections 239AEI to 239AEP
a: those transactions do not constitute mutual credits, mutual debts, or other mutual dealings; and
b: a party to any of those transactions is acting as a trustee for another person; and
c: the party acting as trustee is not authorised by the terms of the trust of which the party is a trustee to enter into the transaction. Section 239AEK inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AEL: Application of set-off under section 239AEG to transactions subject to netting agreements
1: Section 239AEG sections 239AEI to 239AEP
2: However, a netted balance is to be treated as an amount to which section 239AEG Section 239AEL inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AEM: Transactions under netting agreement and effect on certain sections
1: Nothing in sections 239AEH to 239AEP section 56 section 239ACB section 292 297 298
2: However, nothing in section 292(4A)
3: For the purposes of sections 292 297 transaction Section 239AEM inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239AEM(2) amended 7 July 2010 section 5 Companies Amendment Act (No 2) 2010
239AEN: Rights under netting agreement not affected by commencement of administration
Nothing in section 239Z
a: the termination, in accordance with the netting agreement, of all or any transactions that are subject to the netting agreement by reason of the occurrence of an event specified in the netting agreement, being an event (including the appointment of an administrator) occurring not later than the commencement of the administration; or
b: the taking of an account, in accordance with the netting agreement, of all money due between the parties to the netting agreement in respect of transactions affected by the termination. Section 239AEN inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AEO: Effect of declaration of person as recognised clearing house under section 310K
A person who is declared a recognised clearing house under section 310K sections 239AEI to 239AEP Section 239AEO inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AEP: Transactions under recognised multilateral netting agreement not affected by variation or revocation of declaration under section 310K
The variation or revocation of a declaration under section 310K sections 239AEI to 239AEP
a: that is or was subject to a recognised multilateral netting agreement; and
b: that was entered into before the variation or revocation of the declaration. Section 239AEP inserted 1 November 2007 section 6 Companies Amendment Act 2006
21: Single administration of related companies in administration
Subpart 21 inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AEQ: Interpretation of terms for purposes of this subpart
1: In this subpart,— pool section 239AER pool administrator pool company section 239AER
2: For the purposes of the single administration of a pool, in this Part, unless the context indicates otherwise,— administrator company deed administrator deed of company administration section 239AEW Section 239AEQ inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AER: Court may order single administration for related companies in administration
1: If 2 or more related companies are in administration, the court may, if it is satisfied that it is just and equitable, order that the administration in respect of each company must proceed together as if they were 1 company to the extent that the court orders and subject to the terms and conditions that the court imposes.
2: An application under subsection (1) may be made by the administrator or a creditor of any of the companies in administration.
3: Notwithstanding anything in this Part, the court may, on first making the order and otherwise from time to time, make any other order, or give any direction to facilitate giving effect to an order, under subsection (1) as it sees fit.
4: The fact that creditors of the company in administration relied on the fact that another company was, or is, related to it is not a ground for making an order under this section. 1993 No 105 s 271(b) Section 239AER inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AES: Notice that application filed must be given to administrators and creditors
1: Unless the court orders otherwise, an applicant for an order under section 239AER
a: the administrator of each company in administration; and
b: each creditor of each company in administration.
2: The notice must—
a: identify each company to which the proposed order relates; and
b: summarise all information known to the applicant that is material to whether the order should be made; and
c: state that a person to whom the notice must be given may oppose the application by filing a statement of defence in accordance with the High Court Rules 2016
3: The notice requirement in this section is in addition to anything required by the High Court Rules 2016 Section 239AES inserted 1 November 2007 section 6 Companies Amendment Act 2006 Section 239AES(2)(c) amended 18 October 2016 section 183(c) Senior Courts Act 2016 Section 239AES(3) amended 18 October 2016 section 183(c) Senior Courts Act 2016
239AET: Guidelines for single administration order
In deciding whether it is just and equitable to make an order under section 239AER
a: the extent to which any of the companies took part in the management of any of the other companies in the proposed pool:
b: the conduct of any of the companies towards the creditors of any of the other companies in the proposed pool:
c: the extent to which the circumstances that gave rise to any of the companies in the proposed pool being placed in administration are attributable to the actions of any of the other companies:
d: the extent to which the businesses of the companies in the proposed pool have been combined:
e: any other matters that the court thinks fit. 1993 No 105 s 272(2) Section 239AET inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AEU: Court may order that related company in administration be added to existing pool
1: The court may order that a company in administration that is related to the companies in an existing pool be added to the pool for the purposes of administration.
2: An application under subsection (1) may be made by—
a: the administrator or any creditor of the company; or
b: the administrator or any creditors of the pool.
3: The court may make the order if it is satisfied that it is just and equitable to do so having regard to any 1 or more of the criteria in section 239AET
4: Sections 239AER 239AES
5: The court must not make the order unless the pool administrator consents. Section 239AEU inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AEV: Creditors' meetings in single administration of pool companies
1: The provisions of this Part in relation to creditors' meetings apply except that, subject to subsection (2), a creditor of a pool company may only vote on a matter related to the pool company of which that person is a creditor.
2: If separate voting by creditors is impracticable (because, for example, the affairs of the pool companies are intermingled), the court may, on the application of the pool administrator, give directions as to how voting at a creditors' meeting must proceed. Section 239AEV inserted 1 November 2007 section 6 Companies Amendment Act 2006
239AEW: Pool companies may execute single deed of company administration
For the purposes of the single administration of a pool, the pool companies may execute a single deed of company arrangement. Section 239AEW inserted 1 November 2007 section 6 Companies Amendment Act 2006
16: Liquidations
The process of liquidation
240: Interpretation
1: In this Act, unless the context otherwise requires,— creditor section 303
a: for the purposes of sections 241(2)(c) 247 250 280 289
b: to the extent of the amount of any debt owing to the secured creditor in respect of which the secured creditor claims under section 305 liquidation committee section 314 liquidator section 246 Official Assignee Insolvency Act 2006 statutory demand section 289
1A: In this Part, company
a: a company within the meaning of section 2
b: an overseas company to which this Part applies ( see section 342
c: an association ( see section 240B
d: any other body corporate to which this Part applies under any other enactment.
2: For the purposes of this Act, the power to appoint a liquidator of a company includes the power to appoint 2 or more persons as liquidators of a company. Section 240(1) creditor replaced 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 240(1) creditor amended 1 September 2020 section 29(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 240(1) liquidator inserted 1 September 2020 section 29(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 240(1) Official Assignee amended 3 December 2007 section 445 Insolvency Act 2006 Section 240(1A) inserted 1 March 2017 section 6 Companies Amendment Act 2016
240A: Liquidation of licensed insurers
If a licensed insurer may be put into liquidation under or in accordance with this Part, this Part applies in respect of the insurer subject to subpart 3 Section 240A inserted 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010
240B: Liquidation of associations
1: An association may be put into liquidation under this Part, and this Part applies to an association, subject to the modifications and exclusions set out in Schedule 11
2: The Insolvency Practitioners Regulation Act 2019 Section 240B inserted 1 March 2017 section 7 Companies Amendment Act 2016 Section 240B(2) inserted 1 September 2020 section 30 Insolvency Practitioners Regulation (Amendments) Act 2019
241: Commencement of liquidation
1: A company may be put into liquidation by the appointment as liquidator of a named person or of an Official Assignee for a named district.
2: A liquidator may be appointed by—
a: special resolution of those shareholders entitled to vote and voting on the question; or
b: the board of the company on the occurrence of an event specified in the constitution; or
c: the court, on the application of—
i: the company; or
ii: a director; or
iii: a shareholder or other entitled person; or
iv: a creditor (including any contingent or prospective creditor); or
v: if the company is in administration, the administrator; or
va: if the company is a financial markets participant, the FMA; or
vi: the Registrar; or
vii: if the company is
viii: in the case of a company that has been removed from the New Zealand register, the Registrar or a person who, immediately before the company was removed from the New Zealand register, was a person described in subparagraph (ii), (iii), (iv), or (vii); or
d: a resolution of the creditors passed at the watershed meeting held under section 239AT
2A: However, the court must not appoint a liquidator under subsection (2)(c)(viii) unless the company is restored to the New Zealand register under section 328 329
3: An Official Assignee may be appointed liquidator of a company only—
a: if the special resolution passed in accordance with paragraph (a) of subsection (2) is passed by reason of the Official Assignee exercising voting rights attaching to shares in the company of—
i: a person who has been adjudged bankrupt; or
ii: another company of which the Official Assignee is liquidator; or
b: by the court.
4: The court may appoint a liquidator if it is satisfied that—
a: the company is unable to pay its debts; or
b: the company or the board has persistently or seriously failed to comply with this Act; or
ba: the company, or 1 or more of its directors or shareholders, has intentionally provided the Registrar with inaccurate information; or
bb: the company, or 1 or more of its directors or shareholders, has in a persistent or serious way failed to comply with duties relating to the company—
i: under this Act; or
ii: under the Financial Reporting Act 1993
c: the company does not comply with section 10
d: it is just and equitable that the company be put into liquidation.
5: The liquidation of a company commences on the date on which, and at the time at which, the liquidator is appointed. Section 241(2) replaced 1 November 2007 section 7 Companies Amendment Act 2006 Section 241(2)(c)(va) inserted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 241(2)(c)(vii) inserted 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010 Section 241(2)(c)(vii) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 241(2)(c)(viii) inserted 25 February 2012 regulation 4(1) Companies Amendment Act 2012 Section 241(2A) inserted 25 February 2012 regulation 4(2) Companies Amendment Act 2012 Section 241(4)(ba) inserted 1 May 2015 section 58 Companies Amendment Act 2014 Section 241(4)(bb) inserted 11 September 2014 section 58 Companies Amendment Act 2014 Section 241(5) replaced 26 April 1999 section 3 Companies Amendment Act 1999
241AA: Restriction on appointment of liquidator by shareholders or board after application for court appointment served on company
1: This section applies if an application for the appointment of a liquidator under section 241(2)(c)
2: A liquidator may be appointed under section 241(2)(a) or (b)
a: the liquidator is appointed within 10 working days after the application is served on the company; or
b: if the application is made under section 241(2)(c)(iv)
3: This section ceases to apply from the time that the court disposes of the application. Section 241AA replaced 1 September 2020 section 31 Insolvency Practitioners Regulation (Amendments) Act 2019
241A: Commencement of liquidation to be recorded
1: If—
a: a liquidator is appointed under section 241(2)(a)
b: a liquidator is appointed under section 241(2)(b)
c: a liquidator is appointed under section 241(2)(c)
d: a liquidator is appointed under section 241(2)(d)
2: If any question arises as to whether on the date on which a liquidator was appointed an act was done or a transaction was entered into or effected before or after the time at which the liquidator was appointed, that act or transaction is, in the absence of proof to the contrary, deemed to have been done or entered into or effected, as the case may be, after that time. Section 241A inserted 26 April 1999 section 4 Companies Amendment Act 1999 Section 241A(1)(d) inserted 1 November 2007 section 8 Companies Amendment Act 2006
242: Liquidators to act jointly unless otherwise stated
Where 2 or more persons are appointed as liquidators of a company, those persons must act jointly unless the special resolution of shareholders or the resolution of the board of the company or the order of the court appointing the liquidators states that the liquidators may exercise their powers individually.
243: Liquidator to summon meeting of creditors
1: Subject to section 245
a: in the case of a liquidator appointed pursuant to paragraph (a) or paragraph (b) of subsection (2) of section 241 to confirm the appointment of that liquidator or
b: in the case of a liquidator appointed pursuant to paragraph (c) of subsection (2) of section 241 to confirm the appointment of that liquidator or
c: in either case, of determining whether to pass a resolution for the purposes of section 258(1)(b)
1A: If the appointment of a liquidator under paragraph (a) or paragraph (b) of section 241(2)
2: Notice in writing of a meeting of creditors—
a: must be given to every known creditor together with the report, interests statement, and notices section 255(2)(c)
b: if the liquidator receives a notice under section 245(1)(b)(iii)
3: Public notice of the meeting of creditors must also be given by the liquidator not less than 5 working days before the date of the meeting.
4: Except if subsection (2)(b) applies,
a: in the case of a liquidator appointed under paragraph (a) or paragraph (b) of subsection (2) of section 241
b: in the case of a liquidator appointed under paragraph (c) of subsection (2) of section 241
c: in either case, within such longer period as the court may allow.
4A: If subsection (2)(b) applies, a meeting of creditors must be held within 15 working days after the liquidator receives a notice under section 245(1)(b)(iii)
5: Every meeting of creditors must be held in accordance with Schedule 5
6: If at a meeting of creditors it is resolved to appoint a person as liquidator of the company in place of the liquidator appointed pursuant to paragraph (a) or paragraph (b) of subsection (2) of section 241 section 282
7: If at a meeting of creditors it is resolved to apply to the court for the appointment of a person as liquidator in place of the liquidator appointed pursuant to paragraph (c) of subsection (2) of section 241
8: Nothing in this section applies if section 243A
9:
10:
11: Except for subsection (5), this section does not apply if the liquidator is appointed under section 241(2)(d) Section 243(1)(a) amended 3 June 1998 section 9(1)(a) Companies Amendment Act 1998 Section 243(1)(b) amended 3 June 1998 section 9(1)(b) Companies Amendment Act 1998 Section 243(1A) inserted 3 June 1998 section 9(2) Companies Amendment Act 1998 Section 243(2) replaced 1 November 2007 section 16 Companies Amendment Act 2006 Section 243(2)(a) amended 1 September 2020 section 32(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 243(4) amended 3 June 1998 section 9(4) Companies Amendment Act 1998 Section 243(4A) inserted 3 June 1998 section 9(5) Companies Amendment Act 1998 Section 243(8) replaced 1 September 2020 section 32(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 243(9) repealed 1 September 2020 section 32(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 243(10) repealed 1 September 2020 section 32(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 243(11) inserted 1 November 2007 section 9 Companies Amendment Act 2006
243A: Directors’ declaration that debts will be paid within 12 months
1: This section applies to a company if—
a: a liquidator is appointed under section 241(2)(a) or (b)
b: before the appointment of the liquidator, a copy of a declaration described in this section is made by a majority of the company’s directors and delivered to the Registrar for registration.
2: The declaration must—
a: be to the effect that the directors have made an inquiry into the affairs of the company and have formed the opinion, on reasonable grounds, that the company will be able to pay its debts in full within a period of not more than 12 months after the appointment of the liquidator; and
b: be in writing; and
c: be made within 20 working days before the appointment of the liquidator; and
d: include a statement of the affairs of the company that contains the prescribed information and shows, as at the latest practicable date before the making of the declaration,—
i: the property of the company, and the total amount expected to be realised from that property; and
ii: the liabilities of the company; and
iii: the estimated expenses of the liquidation.
3: A director who makes a declaration under this section without having reasonable grounds for their opinion that the company will be able to pay or otherwise provide for its debts within the period stated in the declaration commits an offence and is liable on conviction to the penalty set out in section 373(2)
4: If, at any time, the liquidator considers, or has reasonable grounds to consider, that the company will not be able to pay or otherwise provide for its debts in full within the period stated in the declaration,—
a: this section ceases to apply to the company; and
b: the liquidator must, as soon as practicable, notify the Registrar that this section no longer applies to the company.
5: A liquidator who fails to comply with subsection (4)(b) commits an offence and is liable on conviction to the penalty set out in section 373(2)
6: The fact that this section ceases to apply to a company does not limit or affect subsection (3). Section 243A inserted 1 September 2020 section 33 Insolvency Practitioners Regulation (Amendments) Act 2019
244: Liquidator to summon meeting of creditors in other cases
1: Despite section 243(8) section 243A
a: the liquidator is satisfied that the directors who made the declaration described in section 243A
b: section 243A
2: If, as a consequence of section 243A
3: The provisions of section 243
4: This section is subject to section 245 Section 244 replaced 1 September 2020 section 34 Insolvency Practitioners Regulation (Amendments) Act 2019
245: Liquidator may dispense with meetings of creditors
1: A liquidator is not required to call a meeting of creditors under section 243 section 244
a: the liquidator considers, having regard to the assets and liabilities of the company, the likely result of the liquidation of the company, and any other relevant matters, that no such meeting should be held; and
b: the liquidator gives notice in writing to the creditors stating—
i: that the liquidator does not consider that a meeting should be held; and
ii: the reasons for the liquidator's view; and
iii: that no such meeting will be called unless a creditor gives notice in writing to the liquidator, within 10 working days after receiving the notice, requiring a meeting to be called; and
c: no notice requiring the meeting to be called is received by the liquidator within that period.
2: Notice under subsection (1)(b) must be given to every known creditor together with the report, interests statement, and notices section 255(2)(c) 1955 No 63 s 235A 1989 No 101 s 8 Section 245(2) replaced 1 November 2007 section 17 Companies Amendment Act 2006 Section 245(2) amended 1 September 2020 section 35 Insolvency Practitioners Regulation (Amendments) Act 2019
245A: Related creditor’s vote at meeting of creditors to be disregarded unless court orders otherwise
1: The liquidator must disregard a related creditor’s vote on a resolution at the meeting of creditors unless the court orders otherwise.
2: A related creditor may apply to the court for an order that its vote be taken into account.
2A: A related creditor that intends to apply for an order must,—
a: before a vote is taken on the resolution, give notice in writing to the liquidator that the creditor—
i: is a related creditor; and
ii: intends to apply to the court for an order that its vote be taken into account; and
b: within 10 working days of the meeting of creditors, make an application to the court.
2B: The court may make an order that a related creditor’s vote be taken into account only if satisfied that ordering that the applicant’s vote (or the applicants’ votes) be taken into account—
a: is not contrary to the interests of the creditors, or a class of creditors, as a whole; and
b: will not prejudice, and is not reasonably likely to prejudice, the interests of the creditors who voted against the resolution or for it, as the case may be, to an extent that is unreasonable having regard to—
i: the benefits accruing to the applicant (or the applicants), or to some or all of the related creditors, from the resolution or from the failure to pass the resolution; and
ii: the nature of the relationship between the applicant (or the applicants) and the company, or between the related creditors and the company; and
iii: any other relevant matter.
3: In this section and sections 245B to 245D related creditor related entity
a: a promoter; or
b: a relative or spouse of a promoter; or
c: a relative of a spouse of a promoter; or
d: a director or shareholder; or
e: a relative or spouse of a director or shareholder; or
f: a relative of a spouse of a director or shareholder; or
g: a related company; or
h: a beneficiary under a trust of which the company in liquidation is or has at any time been a trustee; or
i: a relative or spouse of that beneficiary; or
j: a relative of a spouse of that beneficiary; or
k: a company one of whose directors is also a director of the company in liquidation; or
l: a trustee of a trust under which a person ( A Corporations Act 2001 s 600A (Aust) Section 245A inserted 1 November 2007 section 18 Companies Amendment Act 2006 Section 245A heading replaced 1 September 2020 section 36(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 245A(1) replaced 1 September 2020 section 36(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 245A(2) replaced 1 September 2020 section 36(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 245A(2A) inserted 1 September 2020 section 36(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 245A(2B) inserted 1 September 2020 section 36(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 245A(3) amended 1 September 2020 section 36(3) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 245A(3) promoter repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
245B: Creditor’s vote disregarded if liquidator considers creditor is related creditor
1: If the liquidator considers that a creditor that votes on a resolution at a meeting of creditors is a related creditor, and the creditor has not given notice under section 245A(2A)
a: disregard the creditor’s vote; and
b: give notice in writing to the creditor stating the reasons for the liquidator’s view.
2: The court may, on the application of the creditor, order that the creditor’s vote be taken into account if satisfied that the creditor is not a related creditor.
3: The creditor must make any application under this section to the court within 10 working days of receiving the notice. Section 245B inserted 1 September 2020 section 37 Insolvency Practitioners Regulation (Amendments) Act 2019
245C: Further powers where court orders creditor’s vote be taken into account
1: If the court orders, under section 245A 245B
a: order that the resolution be set aside or treated as having passed:
b: order that a new meeting be held to consider and vote on the resolution:
c: order that the creditor’s vote on a resolution to vary or amend the resolution be taken into account:
d: make any other orders that the court thinks necessary.
2: Despite any application under section 245A 245B Section 245C inserted 1 September 2020 section 37 Insolvency Practitioners Regulation (Amendments) Act 2019
245D: Power of court where outcome of voting at meeting of creditors determined by related creditor
1: This section applies in relation to a resolution at a meeting of creditors if,—
a: after the meeting, the liquidator becomes aware that a creditor that voted on the resolution is a related creditor; and
b: the liquidator is satisfied that,—
i: in accordance with section 245A 245B
ii: the resolution would not have been passed, defeated, or required to be decided by a casting vote (as the case may be) if the vote cast by the related creditor (or, if there is more than 1 related creditor, the votes cast by the related creditors) had been disregarded.
2: Despite sections 245A(1) 245B(1)
3: The liquidator must, as soon as practicable after becoming aware that this section applies to the resolution, give notice of that fact to every known creditor.
4: The court may, on the application of the liquidator or a creditor,—
a: order that the resolution be set aside or treated as having passed:
b: order that a new meeting be held to consider and vote on the resolution:
c: order that a specified related creditor or creditors must not vote on the resolution or on a resolution to vary or amend it:
d: make any other orders that the court thinks necessary.
5: A liquidator who fails to comply with subsection (3) commits an offence and is liable on conviction to the penalty set out in section 373(2) Section 245D inserted 1 September 2020 section 37 Insolvency Practitioners Regulation (Amendments) Act 2019
246: Interim liquidator
1: If an application has been made to the court for an order that a company be put into liquidation, the court may, if it is satisfied that it is necessary or expedient for the purpose of maintaining the value of assets owned or managed by the company, appoint a named person, or an Official Assignee for a named district, as interim liquidator.
2: Subject to subsection (3), an interim liquidator has the rights and powers of a liquidator to the extent necessary or desirable to maintain the value of assets owned or managed by the company.
3: The court may limit the rights and powers of an interim liquidator in such manner as it thinks fit.
4: The appointment of an interim liquidator takes effect on the date on which, and at the time at which, the order appointing that interim liquidator is made.
5: The court must record in the order appointing the interim liquidator the date on which, and the time at which, the order was made.
6: If any question arises as to whether on the date on which an interim liquidator was appointed an act was done or a transaction was entered into or effected before or after the time at which the interim liquidator was appointed, that act or transaction is, in the absence of proof to the contrary, deemed to have been done or entered into or effected, as the case may be, after that time. Section 246(4) inserted 26 April 1999 section 5 Companies Amendment Act 1999 Section 246(5) inserted 26 April 1999 section 5 Companies Amendment Act 1999 Section 246(6) inserted 26 April 1999 section 5 Companies Amendment Act 1999
247: Power to stay or restrain certain proceedings against company
At any time after the making of an application to the court under section 241(2)(c)
a: in the case of any application or proceeding against the company that is pending in the court or Court of Appeal, apply to the court or Court of Appeal, as the case may be, for a stay of the application or proceeding:
b: in the case of any other application or proceeding pending against the company in any court or tribunal, apply to the court to restrain the application or proceeding— and the court or Court of Appeal, as the case may be, may stay or restrain the application or proceeding on such terms as it thinks fit. 1955 No 63 s 221
248: Effect of commencement of liquidation
1: With effect from the commencement of the liquidation of a company,—
a: the liquidator has custody and control of the company's assets:
b: the directors remain in office but cease to have powers, functions, or duties other than those required or permitted to be exercised by this Part:
c: unless the liquidator agrees or the court orders otherwise, a person must not—
i: commence or continue legal proceedings against the company or in relation to its property; or
ii: exercise or enforce, or continue to exercise or enforce, a right or remedy over or against property of the company:
d: unless the court orders otherwise, a share in the company must not be transferred:
e: an alteration must not be made to the rights or liabilities of a shareholder of the company:
f: a shareholder must not exercise a power under the constitution of the company or this Act except for the purposes of this Part:
g: the constitution of the company must not be altered.
2: Subsection (1) does not affect the right of a secured creditor, subject to section 305
3: This section is subject to section 139J(1) to (3) Banking (Prudential Supervision) Act 1989 Section 248(3) inserted 10 December 2013 section 12 Reserve Bank of New Zealand (Covered Bonds) Amendment Act 2013 Section 248(3) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021
249: Completion of liquidation
The liquidation of a company is completed when the liquidator—
a: complies with section 257(1)(b)
b: delivers to the Registrar for registration—
i: a copy of any order made by the court under section 257(2)(a)
ii: a copy of any order made by the court under section 257(2)(b) as the case may be.
250: Court may terminate liquidation
1: The court may, at any time after the appointment of a liquidator of a company, if it is satisfied that it is just and equitable to do so, make an order terminating the liquidation of the company.
2: An application under this section may be made by—
a: the liquidator; or
b: if the company has executed a deed of company arrangement, the deed administrator; or
c: a director or shareholder of the company; or
d: any other entitled person; or
e: a creditor of the company; or
ea: if the company is a financial markets participant, the FMA; or
f: the Registrar.
2A: On an application by a deed administrator, the court must have regard to—
a: any misconduct by the company's officers reported by the deed administrator, the liquidator, or the Registrar; and
b: the commercial decision of the creditors in accepting the deed of company arrangement; and
c: whether the deed of company arrangement would leave the company insolvent; and
d: any other matters that the court thinks fit.
3: The court may require the liquidator of the company to furnish a report to the court with respect to any facts or matters relevant to the application.
4: The court may, on making an order under subsection (1), or at any time thereafter, make such other order as it thinks fit in connection with the termination of the liquidation.
5: Where the court makes an order under this section, the person who applied for the order must, within 10 working days after the order was made, deliver a copy of the order to the Registrar for registration.
6: Where the court makes an order under subsection (1), the company ceases to be in liquidation and the liquidator ceases to hold office with effect on and from the making of the order or such other date as may be specified in the order.
7: Every person who fails to comply with subsection (5) commits an offence and is liable on conviction to the penalty set out in section 373(2) Section 250(2) replaced 1 November 2007 section 10 Companies Amendment Act 2006 Section 250(2)(ea) inserted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 250(2A) inserted 1 November 2007 section 10 Companies Amendment Act 2006 Provisions relating to prior execution process
251: Restriction on rights of creditors to complete execution, distraint, or attachment
1: Subject to subsection (3), a creditor is not entitled to retain the benefit of any execution process, distress, or attachment over or against the property of a company unless the execution process, distress, or attachment is completed before—
a: the passing of a special resolution under section 241(2)(a)
b: the passing of a resolution by the board of a company under section 241(2)(b)
c: the making of an application to the court under section 241(2)(c)
2: Notwithstanding subsection (1),—
a: a person who, in good faith, purchases property of a company from an officer charged with an execution process acquires a good title as against the liquidator of the company:
b: a person who, in good faith, purchases property of a company on which distress has been levied acquires a good title as against the liquidator of the company.
3: The court may set aside the application of subsection (1) to such an extent and on such terms and conditions as the court thinks fit.
4: For the purposes of this section,—
a: an execution or distraint against personal property is completed by seizure and sale:
b: an attachment of a debt is completed by receipt of the debt:
c: an execution against land is completed by sale, and, in the case of an equitable interest, by the appointment of a receiver.
5: Nothing in this section limits or affects section 292 1955 No 63 s 314 1980 No 43 s 29 Section 251(1)(a) amended 1 November 2007 section 11 Companies Amendment Act 2006
252: Duties of officer in execution process
1: Subject to subsection (6), where—
a: property of a company is taken in an execution process; and
b: before completion of the execution process the officer charged with the execution process receives notice that a liquidator of the company has been appointed,— he or she must, on being required by the liquidator to do so, deliver or transfer the property and any money received in satisfaction or partial satisfaction of the execution or paid to avoid a sale of the property, as the case may be, to the liquidator.
2: The costs of the execution process are a first charge on any property or money delivered or transferred to the liquidator under subsection (1) and the liquidator may sell all or some of the property to satisfy that charge.
3: Subject to subsection (6), where—
a: property of a company is sold in an execution process in respect of a judgment for a sum exceeding $500; or
b: money is paid to the officer charged with the execution process to avoid a sale of the property,— the officer must retain the proceeds of sale or the money so paid for 10 working days.
4: Subject to subsection (6), if,—
a: within the period of 10 working days, the officer has notice of—
i: the calling of a meeting at which a special resolution is proposed to appoint a liquidator pursuant to section 241(2)(a)
ii: the calling of a meeting of the board at which a resolution is proposed to appoint a liquidator pursuant to section 241(2)(b)
iii: the making of an application to the court to appoint a liquidator pursuant to section 241(2)(c)
b: the company is put into liquidation— the officer must deduct from the amount the costs of the execution process and pay the balance to the liquidator.
5: A liquidator to whom money is paid under subsection (4) is entitled to retain it as against the execution creditor.
6: The court may set aside the application of this section to such extent and on such terms and conditions as it thinks fit. 1955 No 63 s 315 Duties, rights, and powers of liquidators
253: Principal duty of liquidator
Subject to section 254
a: to take possession of, protect, realise, and distribute the assets, or the proceeds of the realisation of the assets, of the company to its creditors in accordance with this Act; and
b: if there are surplus assets remaining, to distribute them, or the proceeds of the realisation of the surplus assets, in accordance with section 313(4) in a reasonable and efficient manner.
254: Liquidator not required to act in certain cases
Notwithstanding any other provisions of this Part,—
a: except where the charge is surrendered or taken to be surrendered or redeemed under section 305
b: where—
i: a company is put into liquidation under section 241(2)(c)
ii: the Official Assignee is the liquidator of the company; and
iii: the company has no assets available for distribution to creditors of the company,— the Official Assignee shall not be required, without the consent of the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act Section 254(b) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995
255: Other duties of liquidator
1: Without limiting section 253
2: Without limiting subsection (1), a liquidator must,—
a: forthwith after being appointed or being notified of his or her appointment, give public notice of—
i: the liquidator's appointment , specifying who made the appointment ( see section 241(2)
ii: the date and time
iii: the address and telephone number to which, during normal business hours, inquiries may be directed by a creditor or shareholder; and
b: before the end of the next working day after appointment, deliver to the Registrar for registration a notice of the liquidator’s appointment; and
c: within the applicable period referred to in subsection (3),—
i: prepare a list of every known creditor of the company and, if known, each creditor's address for communications (which may be an electronic address); and
ii: prepare and send to every known creditor, every shareholder, and the Registrar for registration,—
A: an initial report containing the prescribed information; and
B: a notice explaining the right of a creditor or shareholder to require the liquidator to call a meeting of creditors under section 314
C: an interests statement that complies with section 255A
D: a notice stating that liquidators of insolvent companies are required to be licensed insolvency practitioners, and that more information about the regulation of insolvency practitioners is available from the Registrar; and
d: within 20 working days after the end of each period of 6 months following the date of commencement of the liquidation, prepare and send to every known creditor and every shareholder, and to the Registrar for registration,—
i: a report on the liquidation containing the prescribed information; and
ii: an updated interests statement that complies with section 255A
3: For the purposes of subsection (2)(c), applicable period
a: in the case of a liquidator appointed under section 241(2)(a), (b), or (d)
b: in the case of a liquidator appointed under paragraph (c) of subsection (2) of section 241
c: in either case, such longer period as the court may allow.
3A: A person who fails to comply with subsection (2)(c) or (d) commits an offence and is liable on conviction to the penalty set out in section 373(2)
3B: Subsection (2)(c)(ii)(C) and (D) does not apply to an Official Assignee.
4: The court may, on the application of a liquidator,—
a: exempt the liquidator from compliance with subsection (2)(c) or (d); or
b: modify the application of those provisions in relation to the liquidator,— on such terms and conditions as the court thinks fit.
5:
6: Section 255(2)(a)(i) amended 1 September 2020 section 38(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 255(2)(a)(ii) amended 26 April 1999 section 6(a) Companies Amendment Act 1999 Section 255(2)(b) replaced 1 September 2020 section 38(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 255(2)(c)(i) replaced 1 September 2020 section 38(3) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 255(2)(c)(ii)(A) replaced 1 September 2020 section 38(4) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 255(2)(c)(ii)(C) replaced 1 September 2020 section 38(5) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 255(2)(c)(ii)(D) inserted 1 September 2020 section 38(5) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 255(2)(d) replaced 1 September 2020 section 38(6) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 255(3)(a) amended 1 November 2007 section 12 Companies Amendment Act 2006 Section 255(3A) inserted 1 September 2020 section 38(7) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 255(3B) inserted 1 September 2020 section 38(7) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 255(4)(a) replaced 1 September 2020 section 38(8) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 255(5) repealed 1 November 2007 section 19(3) Companies Amendment Act 2006 Section 255(6) repealed 1 November 2007 section 19(3) Companies Amendment Act 2006
255A: Requirements for interests statement
1: This section sets out the requirements for the interests statement referred to in section 255(2)(c)(ii)(C) and (d)(ii)
2: The interests statement must disclose—
a: any circumstance, relationship, or other fact that creates, or could reasonably be perceived as creating, a conflict of interest for the insolvency practitioner in relation to the independence of the insolvency practitioner’s role as the liquidator, including anything that would, but for a court order to the contrary, have disqualified the person—
i: from being appointed as or acting as the liquidator ( see section 280(2)
ii: from being a licensed insolvency practitioner; and
b: the nature of any actual or perceived conflict of interest created by that circumstance, relationship, or other fact; and
c: how the insolvency practitioner intends to manage any actual or perceived conflict of interest.
3: In preparing an interests statement for the purposes of section 255(2)(c)(ii)(C)
4: In preparing an interests statement for the purposes of section 255(2)(d)(ii)
5: The interests statement must be in writing and be dated and signed by the insolvency practitioner. Section 255A inserted 1 September 2020 section 39 Insolvency Practitioners Regulation (Amendments) Act 2019
256: Duties in relation to records
1: The liquidator of a company must—
a: keep accounting records and other documents of the liquidation and permit those records, and the records and other documents of the company, to be inspected by—
i: any liquidation committee appointed under section 314
ii: if the court so orders, a creditor or shareholder; and
b: keep the accounting records and other documents of the liquidation, and the records and other documents of the company, for not less than 6 years after completion of the liquidation (or any longer period specified in a notice referred to in subsection (3)).
2: The Registrar may, before or after the completion of the liquidation, require any records and documents to be retained for longer than 6 years after the completion of the liquidation.
3: The Registrar must give notice of a requirement under subsection (2) on an Internet site maintained by or on behalf of the Registrar.
4: A person who fails to comply with subsection (1) commits an offence and is liable on conviction to the penalty set out in section 373(2) Section 256 replaced 1 September 2020 section 40 Insolvency Practitioners Regulation (Amendments) Act 2019
256A: Duties in relation to company money
1: A liquidator must deposit the money of a company under his or her administration at a registered bank and in—
a: a bank account to the credit of the company; or
b: a general or separate trust account.
2: However, the liquidator may invest, in financial products issued by a registered bank, in a public security, or in any other financial products as authorised by the court, any amount of the company’s money that is—
a: in the bank account or trust account; and
b: not required for the time being to meet claims made against the company.
3: All dividends, interest, and other profits from an investment described in subsection (2) must, as soon as practicable after they are received, be paid into the bank account or trust account.
4: Money that is deposited in a trust account under subsection (1)(b) must be held by the liquidator on trust for the benefit of the persons legally entitled to that money.
5: A person who fails to comply with this section commits an offence and is liable on conviction to the penalty set out in section 373(3)
6: In this section, public security section 2(1)
7: This section does not limit section 260 Section 256A inserted 1 September 2020 section 41 Insolvency Practitioners Regulation (Amendments) Act 2019
257: Duties in relation to final report and accounts
1: As soon as practicable after completing his or her duties in relation to the liquidation, the liquidator of a company must—
a: prepare and send to every creditor whose claim has been admitted and every shareholder—
i: a final report containing the prescribed information; and
ii: a statement that—
A: all known assets have been disclaimed, or realised, or distributed without realisation; and
B: all proceeds of realisation have been distributed; and
C: the company is ready to be removed from the New Zealand register; and
iii: a summary of the applicable grounds on which the creditor or shareholder may object to the removal of the company from the New Zealand register under section 321
b: send or deliver copies of the documents referred to in paragraph (a) to the Registrar for registration:
c: provide to the Registrar, in the manner specified by the Registrar, a summary report that contains the prescribed information.
2: The court may, on the application of a liquidator,—
a: exempt the liquidator from compliance with the provisions of subsection (1); or
b: modify the application of those provisions in relation to the liquidator,— on such terms and conditions as the court thinks fit.
3: A person who fails to comply with subsection (1) commits an offence and is liable on conviction to the penalty set out in section 373(2) Section 257(1)(a)(i) replaced 1 September 2020 section 42(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 257(1)(c) inserted 1 September 2020 section 42(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 257(3) inserted 1 September 2020 section 42(3) Insolvency Practitioners Regulation (Amendments) Act 2019
258: Duty to have regard to views of creditors and shareholders
1: The liquidator must have regard to—
a: the views of the shareholders by whom any special resolution was passed at a meeting held for the purposes of section 241(2)(a)
b: the views of creditors set out in any resolution passed at a meeting held for the purposes of section 243
c: the views of creditors or shareholders set out in a resolution passed at a meeting called in accordance with subsection (2):
d: the views of any liquidation committee given in writing to the liquidator.
2: For the purposes of subsection (1), a liquidator—
a: must summon meetings of shareholders at such times as may be specified by any resolution of shareholders passed at a meeting held for the purposes of section 241(2)(a)
b: must summon meetings of creditors at such times as may be specified by any resolution of creditors passed at a meeting held for the purposes of section 243
c: must summon a meeting of shareholders forthwith when required to do so by notice in writing given by shareholders holding shares on which has been paid up not less than 10% of the total amount paid up on all shares issued by the company:
d: must summon a meeting of creditors forthwith when required to do so by notice in writing given by creditors to whom is owed not less than 10% of the total amount owed to all creditors of the company:
e: may, at his or her discretion, summon a meeting of shareholders or creditors of the company.
3: A liquidator who calls a meeting of creditors or shareholders must call such a meeting in accordance with Schedule 1 Schedule 5
4: Nothing in this section limits or prevents a liquidator from exercising his or her discretion in carrying out his or her functions and duties under this Act. 1955 No 63 s 241
258A: Duty to report suspected offences
Section 258A repealed 1 September 2020 section 43 Insolvency Practitioners Regulation (Amendments) Act 2019
258B: Registrar may supply report to FMA
Section 258B repealed 1 September 2020 section 43 Insolvency Practitioners Regulation (Amendments) Act 2019
259: Documents to state company in liquidation
Every document entered into, made, or issued by a liquidator of a company on behalf of the company must state in a prominent position that the company is in liquidation.
260: Powers of liquidator
1: A liquidator has the powers—
a: necessary to carry out the functions and duties of a liquidator under this Act; and
b: conferred on a liquidator by this Act.
2: Without limiting subsection (1), a liquidator has the powers set out in Schedule 6
260A: Liquidator may assign right to sue under this Act
1: The liquidator may, if the court has first approved it, assign any right to sue that is conferred on the liquidator by this Act.
2: The application for approval may be—
a: made by the liquidator or the person to whom it is proposed to assign the right to sue; and
b: opposed by a person who is a defendant to the liquidator's action, if already begun, or a proposed defendant. Section 260A inserted 1 November 2007 section 21 Companies Amendment Act 2006
261: Power to obtain documents and information
1: A liquidator may, from time to time, by notice in writing, require a director or shareholder of the company or any other person to deliver to the liquidator such books, records, or documents of the company in that person's possession or under that person's control as the liquidator requires.
2: A liquidator may , from time to time,
a: a director or former director of the company; or
b: a shareholder of the company; or
c: a person who was involved in the promotion or formation of the company; or
d: a person who is, or has been, an employee of the company; or
e: a receiver, accountant, auditor, bank officer, or other person having knowledge of the affairs of the company; or
f: a person who is acting or who has at any time acted as a solicitor for the company— to do any of the things specified in subsection (3).
3: A person referred to in subsection (2) may be required—
a: to attend on the liquidator at such reasonable time or times and at such place as may be specified in the notice:
b: to provide the liquidator with such information about the business, accounts, or affairs of the company as the liquidator requests:
c: to be examined on oath or affirmation by the liquidator or by a barrister or solicitor acting on behalf of the liquidator on any matter relating to the business, accounts, or affairs of the company:
d: to assist in the liquidation to the best of the person's ability.
3A: Without limiting subsection (3)(a), a person may be required to attend on the liquidator under that subsection at a meeting of creditors of the company.
4: Without limiting subsection (5), the liquidator may pay to a person referred to in paragraph (d) or paragraph (e) or paragraph (f) of subsection (2), not being an employee of the company, reasonable travelling and other expenses in complying with a requirement of the liquidator under subsection (3).
5: The court may, on the application of the liquidator or a person referred to in paragraph (d) or paragraph (e) or paragraph (f) of subsection (2), not being an employee of the company, order that that person is entitled to receive reasonable remuneration and travelling and other expenses in complying with a requirement of the liquidator under subsection (3).
6: A person referred to in paragraph (d) or paragraph (e) or paragraph (f) of subsection (2) is not entitled to refuse to comply with a requirement of the liquidator under subsection (3) by reason only that—
a: an application to the court to be paid remuneration or travelling and other expenses has not been made or determined; or
b: remuneration or travelling and other expenses to which that person is entitled have not been paid in advance; or
c: the liquidator has not paid that person travelling or other expenses.
6A: A person who fails to comply with a notice given under this section commits an offence and is liable on conviction to the penalty set out in section 373(3)
7: Nothing in this section limits or affects section 260 Section 261(2) amended 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 261(3A) inserted 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 261(6A) inserted 3 May 2001 section 13 Companies Act 1993 Amendment Act 2001
262: Documents in possession of receiver
1: A receiver is not required to deliver to a liquidator under section 261
2: The liquidator may, from time to time, by notice in writing, require the receiver—
a: to make such books, records, and documents available for inspection by the liquidator at any reasonable time or times; and
b: to provide the liquidator with copies of such books, records, and documents or extracts from them.
3: The liquidator may take copies of such books, records, and documents made available for inspection or extracts from them.
4: The liquidator must pay the reasonable expenses of the receiver in complying with a requirement of the liquidator under subsection (2).
263: Restriction on enforcement of lien over documents
1: A person is not entitled, as against the liquidator of a company, to claim or enforce a lien over books, records, or documents of the company.
2: If the lien arises in relation to a debt for the provision of services to the company before the commencement of the liquidation, the debt is a preferential claim against the company under section 312 to the extent of 10% of the total value of the debt, up to a maximum amount of $2,000
3: Nothing in this section applies to a company that was put into liquidation pursuant to paragraph (a) or paragraph (b) of subsection (2) of section 241
a: section 243A
b: section 244 Section 263(2) amended 1 November 2007 section 13 Companies Amendment Act 2006 Section 263(3)(a) replaced 1 September 2020 section 44 Insolvency Practitioners Regulation (Amendments) Act 2019
264: Delivery of document creating charge over property
1: A person is required to deliver a document to a liquidator under section 261
2: Production of the document to the liquidator does not prejudice the existence or priority of the charge, but the liquidator must make the document available to the person entitled to it for the purpose of dealing with or realising the charge or the secured property.
265: Examination by liquidator
1: A liquidator or a barrister or solicitor acting on behalf of the liquidator may administer an oath to, or take the affirmation of, a person required to be examined under section 261
2: A person required to be examined under section 261
3: A liquidator or a barrister or solicitor acting on behalf of the liquidator who conducts an examination under section 261
266: Powers of court
1: The court may, on the application of the liquidator, order a person who has failed to comply with a requirement of the liquidator under section 261
2: The court may, on the application of the liquidator, order a person to whom section 261
a: attend before the court and be examined on oath or affirmation by the court or the liquidator or a barrister or solicitor acting on behalf of the liquidator on any matter relating to the business, accounts, or affairs of the company:
b: produce any books, records, or documents relating to the business, accounts, or affairs of the company in that person's possession or under that person's control.
3: Where a person is examined under subsection (2)(a),—
a: the examination must be recorded in writing; and
b: the person examined must sign the record.
4: Subject to any directions by the court, a record of an examination under this section is admissible in evidence in any proceedings under this Part , section 383 subpart 6 of Part 8 section 44F Section 266(4) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 266(4) amended 25 October 2006 section 25 Securities Amendment Act 2006
267: Self-incrimination
1: A person is not excused from answering a question in the course of being examined under section 261 section 266
2: The testimony of the person examined is not admissible as evidence in criminal proceedings against that person except on a charge of perjury in relation to that testimony.
268: Power of liquidator to enforce liability of shareholders and former shareholders
1: The liquidator may—
a: if a shareholder is liable to calls, make calls on the shares held by that shareholder:
b: if a shareholder or former shareholder is liable to the company, enforce that liability.
2: A call made under subsection (1)(a) must be made in writing.
269: Power to disclaim onerous property
1: Subject to section 270
2: For the purposes of this section, onerous property
a: means—
i: an unprofitable contract; or
ii: property of the company that is unsaleable, or not readily saleable, or that may give rise to a liability to pay money or perform an onerous act; or
iii: a litigation right that, in the opinion of the liquidator, has no reasonable prospect of success or cannot reasonably be funded from the assets of the company; but
b: does not include—
i: a netting agreement to which sections 310A to 310O
ii: any contract of the company that constitutes a transaction under a netting agreement; or
iii: a settlement settlement settlement Part 5C Banking (Prudential Supervision) Act 1989
3: A disclaimer under this section—
a: brings to an end on and from the date of the disclaimer the rights, interests, and liabilities of the company in relation to the property disclaimed:
b: does not, except so far as necessary to release the company from a liability, affect the rights or liabilities of any other person.
4: A liquidator who disclaims onerous property must, within 10 working days of the disclaimer, give notice in writing of the disclaimer to every person whose rights are, to the knowledge of the liquidator, affected by the disclaimer.
5: A person suffering loss or damage as a result of a disclaimer under this section may—
a: claim as a creditor of the company for the amount of the loss or damage, taking account of the effect of an order made by the court under paragraph (b):
b: apply to the court for an order that the disclaimed property be delivered to or vested in that person.
6: The court may make an order under subsection (5)(b) if it is satisfied that it is just that the property should be vested in the applicant. 1955 No 63 s 312 Section 269(2) replaced 26 April 1999 section 7 Companies Amendment Act 1999 Section 269(2)(a)(ii) replaced 1 November 2007 section 22 Companies Amendment Act 2006 Section 269(2)(a)(iii) inserted 1 November 2007 section 22 Companies Amendment Act 2006 Section 269(2)(b) replaced 21 August 2003 section 48(1) Reserve Bank of New Zealand Amendment Act 2003 Section 269(2)(b)(iii) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 269(2)(b)(iii) amended 24 November 2009 section 19 Reserve Bank of New Zealand Amendment Act 2009
270: Liquidator may be required to elect whether to disclaim onerous property
If a person whose rights would be affected by the disclaimer of onerous property gives a liquidator notice in writing requiring the liquidator to elect, before the close of such date as is stated in the notice, not being a date that is less than 20 working days after the date on which the notice is received by the liquidator, whether to disclaim the onerous property, the liquidator is not entitled to disclaim the onerous property unless he or she does so before the close of that date.
271: Pooling of assets of related companies
1: On the application of the liquidator, or a creditor or shareholder, the court, if satisfied that it is just and equitable to do so, may order that—
a: a company that is, or has been, related to the company in liquidation must pay to the liquidator the whole or part of any or all of the claims made in the liquidation:
b: where 2 or more related companies are in liquidation, the liquidations in respect of each company must proceed together as if they were 1 company to the extent that the court so orders and subject to such terms and conditions as the court may impose.
2: The court may make such other order or give such directions to facilitate giving effect to an order under subsection (1) as it thinks fit.
3: This section is subject to section 139J(4) Banking (Prudential Supervision) Act 1989 1955 No 63 ss 315A, 315B 1980 No 43 s 30 Section 271(3) inserted 10 December 2013 section 12 Reserve Bank of New Zealand (Covered Bonds) Amendment Act 2013 Section 271(3) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021
271A: Notice that application filed must be given to administrators and creditors
1: Unless the court orders otherwise, an applicant for an order under section 271(1)(b)
2: An applicant need not give notice to himself or herself.
3: The notice must—
a: identify each company to which the proposed order relates; and
b: summarise all information known to the applicant that is material to whether the order should be made; and
c: state that a person to whom the notice must be given may oppose the application by filing a statement of defence in accordance with the High Court Rules 2016
4: The notice requirement in this section is in addition to anything required to be done by the High Court Rules 2016 Section 271A inserted 1 November 2007 section 23 Companies Amendment Act 2006 Section 271A(3)(c) amended 18 October 2016 section 183(c) Senior Courts Act 2016 Section 271A(4) amended 18 October 2016 section 183(c) Senior Courts Act 2016
272: Guidelines for orders
1: In deciding whether it is just and equitable to make an order under section 271(1)(a)
a: the extent to which the related company took part in the management of the company in liquidation:
b: the conduct of the related company towards the creditors of the company in liquidation:
c: the extent to which the circumstances that gave rise to the liquidation of the company are attributable to the actions of the related company:
d: such other matters as the court thinks fit.
2: In deciding whether it is just and equitable to make an order under section 271(1)(b)
a: the extent to which any of the companies took part in the management of any of the other companies:
b: the conduct of any of the companies towards the creditors of any of the other companies:
c: the extent to which the circumstances that gave rise to the liquidation of any of the companies are attributable to the actions of any of the other companies:
d: the extent to which the businesses of the companies have been combined:
e: such other matters as the court thinks fit.
3: The fact that creditors of a company in liquidation relied on the fact that another company is, or was, related to it is not a ground for making an order under section 271 1955 No 63 s 315C 1980 No 43 s 30
273: Certain conduct prohibited
1: If a company is in liquidation, or an application has been made to the court for an order that a company be put into liquidation, as the case may be, no person may—
a: leave New Zealand with the intention of—
i: avoiding payment of money due to the company; or
ii: avoiding examination in relation to the affairs of the company; or
iii: avoiding compliance with an order of the court or some other obligation under this Part in relation to the affairs of the company; or
b: conceal or remove property of the company with the intention of preventing or delaying the liquidator taking custody or control of it; or
c: destroy, conceal, or remove records or other documents of the company.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction to the penalty set out in section 373(3)
274: Duty to identify and deliver property
1: A present or former director or employee of a company in liquidation must,—
a: forthwith after the company is put into liquidation, give the liquidator details of property of the company in his or her possession or under his or her control; and
b: on being required to do so by the liquidator, forthwith or within such time as may be specified by the liquidator, deliver the property to the liquidator or such other person as the liquidator may direct, or dispose of the property in such manner as the liquidator may direct.
2: A person who fails to comply with subsection (1) commits an offence and is liable on conviction to the penalty set out in section 373(3)
275: Refusal to supply essential services prohibited
1: For the purposes of this section, an essential service
a: the retail supply of gas:
b: the retail supply of electricity:
c: the supply of water:
d: telecommunications services.
2: For the purposes of this section, telecommunications services
3: Notwithstanding the provisions of any other Act or any contract, a supplier of an essential service must not—
a: refuse to supply the service to a liquidator, or to a company in liquidation, by reason of the company's default in paying charges due for the service in relation to a period before the commencement of the liquidation; or
b: make it a condition of the supply of the service to a liquidator, or to a company in liquidation, that payment be made of outstanding charges due for the service in relation to a period before the commencement of the liquidation; or
c: make it a condition of the supply of the service to a company in liquidation that the liquidator personally guarantees payment of the charges that would be incurred for the supply of the service.
4: The charges incurred by a liquidator for the supply of an essential service are an expense incurred by the liquidator for the purposes of clause 1(1)(a) Section 275(4) amended 1 November 2007 section 37 Companies Amendment Act 2006
276: Remuneration of liquidators
1: Subject to section 284(1)(e) paragraph (a) or paragraph (b) of subsection (2) section 241
2: Unless the court otherwise orders, every Official Assignee who is appointed a liquidator under paragraph (a) of subsection (2) of section 241
a: of an amount equal to the amount fixed under section 277
b: at, or in accordance with, such rate or rates as may be prescribed under that section. Section 276(1) amended 1 July 1994 Companies Act 1993 Amendment Act 1994
277: Rates of remuneration
1: The Governor-General may from time to time, by Order in Council, for the purposes of section 276
2: Without limiting subsection (1), such regulations may—
a: prescribe an hourly or other rate or rates of remuneration and different rates may be prescribed in respect of work undertaken in the liquidation by different classes of persons:
b: prescribe a rate or rates by reference to the net value of the assets realised by the liquidator, together with such other amounts as may be specified:
c: prescribe a rate or rates in respect of the exercise of a particular function or power:
d: prescribe a rate or rates by reference to such other criteria as may be specified.
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 277(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
278: Expenses and remuneration payable out of assets of company
The expenses and remuneration of the liquidator are payable out of the assets of the company.
279: Liquidator ceases to hold office on completion of liquidation
1: A liquidator ceases to hold office on the completion of the liquidation in accordance with section 249
2: Subsection (1) does not limit section 284 section 286 Appointment Heading amended 1 September 2020 section 45 Insolvency Practitioners Regulation (Amendments) Act 2019
280: Who may be appointed as liquidator
1: A person may be appointed as a liquidator of a company if the person is—
a: a licensed insolvency practitioner (or, if section 243A section 68(1)
b: permitted to act as a liquidator of the company under the Insolvency Practitioners Regulation Act 2019
c: not disqualified under subsection (2).
2: Unless the court orders otherwise, the following persons are disqualified from being appointed or acting as a liquidator of a company:
a: a creditor of the company:
b: a person who has, within the 2 years immediately before the commencement of the liquidation, been a director, an auditor, or a receiver of the company or of a related company:
c: a person who has, within the 2 years immediately before the commencement of the liquidation, been a director of a creditor of the company:
d: a person who has, or who has had, within the 2 years immediately before the commencement of the liquidation,—
i: a direct interest in a share issued by the company; or
ii: an interest, direct or indirect, in 5% or more of any class of shares issued by a creditor of the company (but only if the person is aware that they have the interest):
e: a person who has—
i: a direct interest in a share issued by a related company of the company; or
ii: an indirect interest in 5% or more of any class of shares issued by a related company of the company:
f: if an instrument confers a power to appoint a receiver of any assets of the company, a person who is disqualified by the instrument from acting as the receiver of any assets of the company:
g: a person who is a relative of a person described in any of paragraphs (a) to (f):
h: a person who has, or whose firm has, within the 2 years immediately before the commencement of the liquidation,—
i: provided professional services to the company; or
ii: had a continuing business relationship with the company, its majority shareholder, or any of its directors, or with any of the company’s shareholders that (under its constitution or any other agreement) have a power to appoint or remove a director of the company:
i: a person to whom a prohibition order applies.
3: For the purpose of subsection (2)(c), each of the following is a director of a creditor of a company
a: if the creditor is a company, a person occupying the position of a director of the company, by whatever name called:
b: if the creditor is a limited partnership, a general partner (within the meaning of the Limited Partnerships Act 2008
c: if the creditor is a partnership other than a limited partnership, a partner:
d: if the creditor is any other body corporate or unincorporated body, a person occupying a position in the body that is comparable with that of a director of a company.
4: A person is not disqualified under subsection (2)(h)—
a: if the professional services are provided, or the relationship arises, by reason only of the appointment of the person, or of the person’s firm,—
i: by, or at the instigation of, the company or a creditor or other party that has an actual or potential financial interest in the company; and
ii: to investigate or to advise on the solvency of the company or to monitor the affairs of the company; or
b: if all the creditors consent to the appointment of the person; or
c: if section 243A
5: If subsection (4)(a) applies, subsection (2)(a) or (c) does not disqualify a person merely because the person is (or was) a creditor, or a director of a creditor, of the company as a consequence of the appointment referred to in subsection (4)(a).
6: A person commits an offence, and is liable on conviction to the penalty set out in section 373(2)
a: the person knows or ought reasonably to know that they are disqualified under subsection (2); and
b: the person,—
i: with their consent, is appointed as a liquidator; or
ii: acts as a liquidator.
7: See also section 8(2)
8: This section does not apply to an Official Assignee. Section 280 replaced 1 September 2020 section 46 Insolvency Practitioners Regulation (Amendments) Act 2019
281: Validity of acts of liquidators
The acts of a person as a liquidator are valid even though that person does not meet the requirements of section 280(1) section 282(1)(b) Section 281 amended 1 September 2020 section 47 Insolvency Practitioners Regulation (Amendments) Act 2019
282: What liquidator must do before appointment
1: A person must not be appointed as a liquidator of a company unless the person has—
a: consented in writing and has not withdrawn that consent at the time of appointment; and
b: certified in writing that they—
i: are a licensed insolvency practitioner (or, if section 243A section 68(1)
ii: are permitted to act as a liquidator of the company under the Insolvency Practitioners Regulation Act 2019
iii: are not disqualified from appointment under section 280(2)
2: A person who, with their consent, is appointed as a liquidator despite failing to certify the matters set out in subsection (1)(b) commits an offence and is liable on conviction to the penalty set out in section 373(2)
3: This section does not apply to an Official Assignee. Section 282 replaced 1 September 2020 section 48 Insolvency Practitioners Regulation (Amendments) Act 2019
283: Vacancies in office of liquidator
1: The office of liquidator becomes vacant if the liquidator—
a: resigns; or
b: dies; or
c: becomes disqualified under section 280(2)
d: ceases to be a licensed insolvency practitioner (unless section 243A Insolvency Practitioners Regulation Act 2019
e: is not a licensed insolvency practitioner and section 243A see section 243A(4)
2: A person, other than an Official Assignee, may resign from the office of liquidator by appointing another such person as his or her successor
3: With the approval of the Official Assignee for New Zealand, an Official Assignee may resign from the office of liquidator by appointing another Official Assignee as his or her successor.
3A: A liquidator of a company to which section 243A section 243A see section 243A(4)
4: The court may, on the application of the company, or a shareholder or other entitled person, or a director or creditor of the company, review the appointment of a successor to a liquidator and may appoint any person who is permitted to act as a liquidator of the company in accordance with section 280
5: If a vacancy occurs in the office of liquidator, the person vacating office must, as soon as practicable, give written notice of the vacancy to the Registrar.
6: If, as the result of the vacation of office by a liquidator, no person is acting as liquidator, the Registrar may appoint an Official Assignee or a licensed insolvency practitioner as liquidator.
7: If a vacancy occurs in the office of the liquidator, or a liquidator has been appointed under subsection (6), as the case may be, the court may, on the application of the company, or a shareholder or other entitled person, or a director or creditor of the company appoint any person who is permitted to act as a liquidator of the company in accordance with section 280
8: A liquidator appointed under subsection (7) must, before the end of the next working day after appointment
9: A person who fails to comply with subsection (5) or (8) commits an offence and is liable on conviction to the penalty set out in section 373(2) Section 283(1) replaced 1 September 2020 section 49(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 283(2) amended 1 September 2020 section 49(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 283(3A) inserted 1 September 2020 section 49(3) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 283(4) amended 1 September 2020 section 49(4) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 283(5) replaced 1 September 2020 section 49(5) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 283(6) replaced 1 September 2020 section 49(5) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 283(7) amended 1 September 2020 section 49(6) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 283(8) amended 1 September 2020 section 49(7) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 283(9) replaced 1 September 2020 section 49(8) Insolvency Practitioners Regulation (Amendments) Act 2019
283A: Provision of information and assistance to replacement liquidator
1: This section applies if a replacement liquidator is appointed.
2: The previous liquidator must, where practicable, provide to the replacement liquidator the information that the previous liquidator has in their possession or under their control and that the replacement liquidator reasonably requires to carry out the functions and duties of a liquidator.
3: The information referred to in subsection (2) includes—
a: the records and other documents of the company:
b: any information necessary to provide the replacement liquidator with control over the property of the company:
c: any information relating to claims:
d: accounting records and other documents of the liquidation.
4: The previous liquidator must, where practicable, provide to the replacement liquidator any assistance that the replacement liquidator reasonably requires to carry out the functions and duties of a liquidator.
5: A person who fails to comply with subsection (2) or (4) commits an offence and is liable on conviction to the penalty set out in section 373(2) Section 283A inserted 1 September 2020 section 50 Insolvency Practitioners Regulation (Amendments) Act 2019
284: Court supervision of liquidation
1: On the application of the liquidator, a liquidation committee, or, with the leave of the court, a creditor, shareholder, other entitled person, or director of a company in liquidation, the court may—
a: give directions in relation to any matter arising in connection with the liquidation:
b: confirm, reverse, or modify an act or decision of the liquidator:
c: order an audit of the accounts of the liquidation:
d: order the liquidator to produce the accounts and records of the liquidation for audit and to provide the auditor with such information concerning the conduct of the liquidation as the auditor requests:
e: in respect of any period, review or fix the remuneration of the liquidator at a level which is reasonable in the circumstances:
f: to the extent that an amount retained by the liquidator as remuneration is found by the court to be unreasonable in the circumstances, order the liquidator to refund the amount:
g: declare whether or not the liquidator was validly appointed or validly assumed custody or control of property:
h: make an order concerning the retention or the disposition of the accounts and records of the liquidation or of the company.
2: The powers given by subsection (1) are in addition to any other powers a court may exercise in its jurisdiction relating to liquidators under this Part, and may be exercised in relation to a matter occurring either before or after the commencement of the liquidation, or the removal of the company from the New Zealand register, and whether or not the liquidator has ceased to act as liquidator when the application or the order is made.
3: Subject to subsection (4), a liquidator who has—
a: obtained a direction of a court with respect to a matter connected with the exercise of the powers or functions of liquidator; and
b: acted in accordance with the direction— is entitled to rely on having so acted as a defence to a claim in relation to anything done or not done in accordance with the direction.
4: A court may, on the application of any person, order that, by reason of the circumstances in which a direction was obtained under subsection (1), the liquidator does not have the protection given by subsection (3).
285: Meaning of failure to comply
1: In section 286 failure to comply
2: In proceedings under section 286
a: a finding of any fact made in proceedings before the District Court or High Court for an offence under this Act or any other enactment that there was a failure to comply is prima facie evidence of that fact:
b: a finding described in paragraph (a) may be proved by production of a document under the seal of the court in which the finding was made. 1986 No 121 s 46 Section 285 replaced 1 September 2020 section 51 Insolvency Practitioners Regulation (Amendments) Act 2019
286: Orders to enforce liquidator's duties
1: An application for an order under this section may be made by—
a: a liquidator:
b: a person seeking appointment as a liquidator:
c: a liquidation committee:
d: a creditor, shareholder, other entitled person, or a director of the company in liquidation:
e: a receiver appointed in relation to property of the company in liquidation:
f: if the liquidator is a qualified statutory accountant (within the meaning of section 5(1)
g: if the liquidator is a barrister and solicitor or a solicitor, the President of the New Zealand Law Society:
h: an Official Assignee:
i: the Registrar.
2: No application may be made to a court by a person other than a liquidator in relation to a failure to comply unless notice of the failure to comply has been served on the liquidator not less than 5 working days before the date of the application and, as at the date of the application, there is a continuing failure to comply.
3: If the court is satisfied that there is, or has been, a failure to comply, the court may—
a: relieve the liquidator of the duty to comply wholly or in part; or
b: order the liquidator to comply to the extent specified in the order; or
c: remove the liquidator from office; or
d: make a prohibition order.
4: A court may, in relation to a person who is or becomes disqualified under section 280(2)
a: remove the person from office; or
b: order that the person may be appointed and act, or may continue to act, as a liquidator, despite section 280(2)
5: If the court is satisfied that a person is unfit to act as a liquidator by reason of persistent failures to comply or the seriousness of a failure to comply, the court must make a prohibition order.
5A: The period of a prohibition order under this section is a matter for the discretion of the court, and the court may make a prohibition order permanent.
5B: However, the court may make a prohibition order permanent, or for a period longer than 10 years, only in the most serious of cases for which an order may be made.
6: A person to whom a prohibition order applies—
a: must not act (or continue to act) as an insolvency practitioner; and
b: must be treated as if they are not a licensed insolvency practitioner ( see section 8
7: Evidence that, on 2 or more occasions
a: a court has made an order to comply under this section in respect of the same person; or
b: an application for an order to comply under this section has been made in respect of the same person and that in each case the person has complied after the making of the application and before the hearing,— is, in the absence of special reasons to the contrary, evidence of persistent failures to comply for the purposes of this section.
8: In making an order under this section a court may, if it thinks fit,—
a: make an order extending the time for compliance; or
b: impose a term or condition; or
c: make an ancillary order.
9: A copy of every order made under this section must be delivered by the applicant to the Registrar before the end of the working day after the day on which the order was made.
10: The Registrar must provide a copy of the order to each accredited body (within the meaning of the Insolvency Practitioners Regulation Act 2019 Section 286(1)(f) replaced 1 July 2015 section 17 Financial Reporting Amendment Act 2014 Section 286(1)(i) inserted 1 September 2020 section 52(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 286(3) replaced 1 September 2020 section 52(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 286(4) replaced 1 September 2020 section 52(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 286(5) replaced 1 September 2020 section 52(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 286(5A) inserted 1 September 2020 section 52(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 286(5B) inserted 1 September 2020 section 52(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 286(6) replaced 1 September 2020 section 52(3) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 286(7) amended 1 November 2007 section 26(2) Companies Amendment Act 2006 Section 286(9) replaced 1 September 2020 section 52(4) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 286(10) inserted 1 September 2020 section 52(4) Insolvency Practitioners Regulation (Amendments) Act 2019 Company unable to pay its debts
287: Meaning of inability to pay debts
Unless the contrary is proved, and subject to section 288
a: the company has failed to comply with a statutory demand; or
b: execution issued against the company in respect of a judgment debt has been returned unsatisfied in whole or in part; or
c: a person entitled to a charge over all or substantially all of the property of the company has appointed a receiver under the instrument creating the charge; or
d: a compromise between a company and its creditors has been put to a vote in accordance with Part 14
288: Evidence and other matters
1: On an application to the court for an order that a company be put into liquidation, evidence of failure to comply with a statutory demand is not admissible as evidence that a company is unable to pay its debts unless the application is made within 30 working days after the last date for compliance with the demand.
2: Section 287
3: Information or records acquired under section 178 section 179
4: In determining whether a company is unable to pay its debts, its contingent or prospective liabilities may be taken into account.
5: An application to the court for an order that a company be put into liquidation on the ground that it is unable to pay its debts may be made by a contingent or prospective creditor only with the leave of the court; and the court may give such leave, with or without conditions, only if it is satisfied that a prima facie case has been made out that the company is unable to pay its debts.
289: Statutory demand
1: A statutory demand is a demand by a creditor in respect of a debt owing by a company made in accordance with this section.
2: A statutory demand must—
a: be in respect of a debt that is due and is not less than the prescribed amount; and
b: be in writing; and
c: be served on the company; and
d: require the company to pay the debt, or enter into a compromise under Part 14
290: Court may set aside statutory demand
1: The court may, on the application of the company, set aside a statutory demand.
2: The application must be—
a: made within 10 working days of the date of service of the demand; and
b: served on the creditor within 10 working days of the date of service of the demand.
3: No extension of time may be given for making or serving an application to have a statutory demand set aside, but, at the hearing of the application, the court may extend the time for compliance with the statutory demand.
4: The court may grant an application to set aside a statutory demand if it is satisfied that—
a: there is a substantial dispute whether or not the debt is owing or is due; or
b: the company appears to have a counterclaim, set-off, or cross-demand and the amount specified in the demand less the amount of the counterclaim, set-off, or cross-demand is less than the prescribed amount; or
c: the demand ought to be set aside on other grounds.
5: A demand must not be set aside by reason only of a defect or irregularity unless the court considers that substantial injustice would be caused if it were not set aside.
6: In subsection (5), defect
7: An order under this section may be made subject to conditions.
291: Additional powers of court on application to set aside statutory demand
1: If, on the hearing of an application under section 290
a: order the company to pay the debt within a specified period and that, in default of payment, the creditor may make an application to put the company into liquidation; or
b: dismiss the application and forthwith make an order under section 241(4) on the ground that the company is unable to pay its debts.
2: For the purposes of the hearing of an application to put the company into liquidation pursuant to an order made under subsection (1)(a), the company is presumed to be unable to pay its debts if it failed to pay the debt within the specified period. Voidable transactions
291A: Meaning of related party
1: For the purposes of this section, a person is related
a: is a director or senior manager of the company or of a close body corporate of the company; or
b: is the spouse of a director or senior manager of the company; or
c: is a grandparent, parent, child, grandchild, brother, sister, nephew, niece, uncle, aunt, or first cousin of a director or of a senior manager of the company, whether or not by a step relationship; or
d: is the spouse of a person who is related to the company under paragraph (c); or
e: is a close body corporate of the company; or
f: is a partner of the company or of a director of the company (under the Partnership Law Act 2019
g: is a close business associate of the company; or
h: has an interest, direct or indirect, in 5 percent or more of any class of shares of the company; or
i: has an interest, direct or indirect, in 20 percent or more of any class of shares of a close body corporate of the company; or
j: is the spouse of a person who is related to the company under any of paragraphs (f) to (i); or
k: is a child, parent, brother, or sister (whether or not by a step relationship) of a person who is related to the company under any of paragraphs (f) to (i); or
l: is a trustee of a trust under which the company, or a person related to the company (under paragraphs (a) to (k)), is a beneficiary who—
i: is presently entitled to a share of the trust estate or of the income of the trust estate; or
ii: is, individually or together with other beneficiaries, in a position to control the trustee; or
m: is a trustee of a trust if—
i: the trust is a family trust within the meaning of section 173M(5)
ii: a majority of the individuals who are beneficiaries under the trust are related to the company (under paragraphs (a) to (k)); or
n: is a nominee of a person who is related to the company under any of paragraphs (a) to (m).
2: In sections 292 293 related party
3: However, in the case of a transaction referred to in section 292(4B)(a) related party
4: For the purposes of determining whether, in this section, a person is a close body corporate close A B close
a: B is A’s holding company or subsidiary; or
b: more than half of A’s issued shares (other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital) are held by B and bodies corporate that are close to B (whether directly or indirectly, but other than in a fiduciary capacity), or vice versa; or
c: more than half of the issued shares (other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital) of each of A and B are held by members of the other (whether directly or indirectly, but other than in a fiduciary capacity); or
d: the businesses of A and B have been so carried on that the separate business of each body corporate, or a substantial part of that business, is not readily identifiable; or
e: there is another body corporate to which A and B are both close.
5: In this section,— close business associate
a: assess the solvency of the company; or
b: obtain information from the company or any other person involved with the company that will enable the person to assess the solvency of the company director senior manager section 6(1) Section 291A inserted 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020
292: Insolvent transaction voidable
1: A transaction by a company is voidable by the liquidator if it—
a: is an insolvent transaction; and
b: is entered into within the restricted
1A: A transaction by a company is voidable by the liquidator if it—
a: is an insolvent transaction; and
b: is entered into with a related party of the company within the related party period.
2: An insolvent transaction
a: is entered into at a time when the company is unable to pay its due debts; and
b: enables another person to receive more towards satisfaction of a debt owed by the company than the person would receive, or would be likely to receive, in the company's liquidation.
3: In this section, transaction
a: conveying or transferring the company's property:
b: creating a charge over the company's property:
c: incurring an obligation:
d: undergoing an execution process:
e: paying money (including paying money in accordance with a judgment or an order of a court):
f: anything done or omitted to be done for the purpose of entering into the transaction or giving effect to it.
4: In this section, transaction section 32(1) or (5)
4A: A transaction that is entered into within the restricted period is presumed, unless the contrary is proved, to be entered into at a time when the company is unable to pay its due debts.
4B: Where—
a: a transaction is, for commercial purposes, an integral part of a continuing business relationship (for example, a running account) between a company and a creditor of the company (including a relationship to which other persons are parties); and
b: in the course of the relationship, the level of the company's net indebtedness to the creditor is increased and reduced from time to time as the result of a series of transactions forming part of the relationship; then—
c: subsections (1) and (1A) (as relevant) apply
d: the transaction referred to in paragraph (a) may only be taken to be an insolvent transaction voidable by the liquidator if the effect of applying subsection (1) or (1A)
4C: For the purposes of subsections (1), (1A) restricted period
a: the period of 6 months before the date of commencement of the liquidation together with the period commencing on that date and ending at the time at which the liquidator is appointed; and
b: in the case of a company that was put into liquidation by the court, the period of 6 months before the making of the application to the court together with the period commencing on the date of the making of that application and ending on the date on which, and at the time at which, the order of the court was made; and
c: if—
i: an application was made to the court to put a company into liquidation; and
ii: after the making of the application to the court a liquidator was appointed under section 241(2)(a) or (b) the period of 6 months before the making of the application to the court together with the period commencing on the date of the making of that application and ending on the date and at the time of the commencement of the liquidation.
5: For the purposes of subsections (1A) related party period
a: the period of 2 years before the date of commencement of the liquidation together with the period commencing on that date and ending at the time at which the liquidator is appointed; and
b: in the case of a company that was put into liquidation by the court, the period of 2 years before the making of the application to the court together with the period commencing on the date of the making of that application and ending on the date on which , and at the time at which, ; and
c: if—
i: an application was made to the court to put a company into liquidation; and
ii: after the making of the application to the court a liquidator was appointed under section 241(2)(a) or (b) the period of 2 years before the making of the application to the court together with the period commencing on the date of the making of that application and ending on the date and at the time
6: 1955 No 63 s 309 1980 No 43 s 24(1) 1982 No 152 s 18 Section 292 heading replaced 1 November 2007 section 27(1) Companies Amendment Act 2006 Section 292(1) replaced 1 November 2007 section 27(2) Companies Amendment Act 2006 Section 292(1)(b) amended 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 292(1A) inserted 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 292(2) replaced 1 November 2007 section 27(2) Companies Amendment Act 2006 Section 292(3) replaced 1 November 2007 section 27(2) Companies Amendment Act 2006 Section 292(4) replaced 1 November 2007 section 27(2) Companies Amendment Act 2006 Section 292(4) amended 31 August 2012 section 7 Companies Amendment Act (No 2) 2012 Section 292(4A) inserted 1 November 2007 section 27(2) Companies Amendment Act 2006 Section 292(4B) inserted 1 November 2007 section 27(2) Companies Amendment Act 2006 Section 292(4B)(c) amended 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 292(4B)(d) amended 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 292(4C) inserted 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 292(5) amended 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 292(5) amended 1 November 2007 section 27(3) Companies Amendment Act 2006 Section 292(5)(a) replaced 26 April 1999 section 8(1) Companies Amendment Act 1999 Section 292(5)(b) amended 26 April 1999 section 8(2)(a) Companies Amendment Act 1999 Section 292(5)(b) amended 3 June 1998 section 12(1) Companies Amendment Act 1998 Section 292(5)(c) inserted 3 June 1998 section 12(1) Companies Amendment Act 1998 Section 292(5)(c) amended 26 April 1999 section 8(2)(b) Companies Amendment Act 1999 Section 292(5)(c)(ii) amended 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 292(6) repealed 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020
293: Voidable charges
1: A charge over any property or undertaking of a company is voidable by the liquidator if—
a: the charge was given within the restricted
b: immediately after the charge was given, the company was unable to pay its due debts.
1AA: A charge over any property or undertaking of a company is voidable by the liquidator if—
a: the charge was given to a related party within the related party period; and
b: immediately after the charge was given, the company was unable to pay its due debts.
1A: Neither subsection (1) nor (1AA) applies to a charge that
a: secures
b: is in substitution for a charge that,—
i: in the case of subsection (1), was given before the restricted period:
ii: in the case of subsection (1AA)
2: Unless the contrary is proved, a company giving a charge within the restricted period is presumed to have been unable to pay its due debts immediately after giving the charge.
3: Subsection (1A)(b)
a: the amount secured by the substituted charge exceeds the amount secured by the existing charge; or
b: the value of the property subject to the substituted charge at the date of the substitution exceeds the value of the property subject to the existing charge at that date.
4: Nothing in subsection (1) or (1AA)
5: For the purposes of subsection (1A)(a) or (1AA) (as relevant)
a: towards repayment of money actually advanced or paid by the grantee to the company on or after the giving of the charge; or
b: towards payment of the actual price or value of property sold by the grantee to the company on or after the giving of the charge; or
c: towards payment of any other liability of the company to the grantee in respect of any other valuable consideration given in good faith on or after the giving of the charge.
5A: For the purposes of subsections (1) to (2), restricted period
a: the period of 6 months before the date of commencement of the liquidation together with the period commencing on that date and ending at the time at which the liquidator is appointed; and
b: in the case of a company that was put into liquidation by the court, the period of 6 months before the making of the application to the court together with the period commencing on the date of the making of that application and ending on the date on which, and at the time at which, the order of the court was made; and
c: if—
i: an application was made to the court to put a company into liquidation; and
ii: after the making of the application to the court a liquidator was appointed under section 241(2)(a) or (b) the period of 6 months before the making of the application to the court together with the period commencing on the date of the making of that application and ending on the date and at the time of the commencement of the liquidation.
6: For the purposes of subsections (1AA) and (1A) related party period
a: the period of 2 years
b: in the case of a company that was put into liquidation by the court, the period of 2 years , and at the time at which, ; and
c: if—
i: an application was made to the court to put a company into liquidation; and
ii: after the making of the application to the court a liquidator was appointed under section 241(2)(a) or (b) the period of 2 years and at the time
7: Section 293(1) replaced 1 November 2007 section 28(1) Companies Amendment Act 2006 Section 293(1)(a) amended 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 293(1AA) inserted 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 293(1A) inserted 1 November 2007 section 28(1) Companies Amendment Act 2006 Section 293(1A) amended 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 293(1A)(a) amended 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 293(1A)(b) replaced 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 293(3) amended 1 November 2007 section 28(2) Companies Amendment Act 2006 Section 293(4) amended 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 293(5) amended 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 293(5) amended 1 November 2007 section 28(3) Companies Amendment Act 2006 Section 293(5A) inserted 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 293(6) amended 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 293(6)(a) replaced 26 April 1999 section 9(1) Companies Amendment Act 1999 Section 293(6)(a) amended 1 November 2007 section 28(4) Companies Amendment Act 2006 Section 293(6)(b) amended 1 November 2007 section 28(4) Companies Amendment Act 2006 Section 293(6)(b) amended 26 April 1999 section 9(2)(a) Companies Amendment Act 1999 Section 293(6)(b) amended 3 June 1998 section 13(1) Companies Amendment Act 1998 Section 293(6)(c) inserted 3 June 1998 section 13(1) Companies Amendment Act 1998 Section 293(6)(c)(ii) amended 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020 Section 293(6)(c) amended 1 November 2007 section 28(4) Companies Amendment Act 2006 Section 293(6)(c) amended 26 April 1999 section 9(2)(b) Companies Amendment Act 1999 Section 293(7) repealed 16 May 2020 section 3 COVID-19 Response (Further Management Measures) Legislation Act 2020
294: Procedure for setting aside transactions and charges
1: A liquidator who wishes to set aside a transaction or charge that is voidable under section 292 293
a: file a notice with the court that meets the requirements set out in subsection (2); and
b: serve the notice as soon as practicable on—
i: the other party to the transaction or the charge holder, as the case may be; and
ii: any other party from whom the liquidator intends to recover.
2: The liquidator's notice must—
a: be in writing; and
b: state the liquidator's postal, email, and street addresses; and
c: specify the transaction or charge to be set aside; and
d: describe the property or state the amount that the liquidator wishes to recover; and
e: state that the person named in the notice may object to the transaction or charge being set aside by sending to the liquidator a written notice of objection that is received by the liquidator at his or her postal, email, or street address within 20 working days after the liquidator's notice has been served on that person; and
f: state that the written notice of objection must contain full particulars of the reasons for objecting and must identify any documents that evidence or substantiate the reasons for objecting; and
g: state that the transaction or charge will be set aside as against the person named in the notice if that person does not object; and
h: state that if the person named in the notice does object, the liquidator may apply to the court for the transaction or charge to be set aside.
3: The transaction or charge is automatically set aside as against the person on whom the liquidator has served the liquidator's notice, if that person has not objected by sending to the liquidator a written notice of objection that is received by the liquidator at his or her postal, email, or street address within 20 working days after the liquidator's notice has been served on that person.
4: The notice of objection must contain full particulars of the reasons for objecting and must identify documents that evidence or substantiate the reasons for objecting.
5: A transaction or charge that is not automatically set aside may still be set aside by the court on the liquidator's application. Section 294 replaced 1 November 2007 section 29 Companies Amendment Act 2006
295: Other orders
If a transaction or charge is set aside under section 294
a: an order that a person pay to the company an amount equal to some or all of the money that the company has paid under the transaction:
b: an order that a person transfer to the company property that the company has transferred under the transaction:
c: an order that a person pay to the company an amount that, in the court's opinion, fairly represents some or all of the benefits that the person has received because of the transaction:
d: an order that a person transfer to the company property that, in the court's opinion, fairly represents the application of either or both of the following:
i: money that the company has paid under the transaction:
ii: proceeds of property that the company has transferred under the transaction:
e: an order releasing, in whole or in part, a charge given by the company:
f: an order requiring security to be given for the discharge of an order made under this section:
g: an order specifying the extent to which a person affected by the setting aside of a transaction or by an order made under this section is entitled to claim as a creditor in the liquidation. Corporations Act 2001 s 588FF(1)(a)–(d) (Aust) Section 295 replaced 1 November 2007 section 30 Companies Amendment Act 2006
296: Additional provisions relating to setting aside transactions and charges
1: The setting aside of a transaction or an order made under section 295
a: from a person other than the company; and
b: for valuable consideration; and
c: without knowledge of the circumstances under which the property was acquired from the company.
2: The setting aside of a charge or an order made under section 295
a: as the result of the exercise of a power of sale by the grantee of the charge; and
b: for valuable consideration; and
c: without knowledge of the circumstances relating to the giving of the charge.
3: A court must not order the recovery of property of a company (or its equivalent value) by a liquidator, whether under this Act, any other enactment, or in law or in equity, if the person from whom recovery is sought ( A
a: A acted in good faith; and
b: a reasonable person in A's position would not have suspected, and A did not have reasonable grounds for suspecting, that the company was, or would become, insolvent; and
c: A gave value for the property or altered A's position in the reasonably held belief that the transfer of the property to A was valid and would not be set aside.
4: Nothing in the Land Transfer Act 2017 sections 292 to 295 Section 296(3) replaced 1 November 2007 section 31 Companies Amendment Act 2006 Section 296(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Voidable dispositions Heading inserted 1 September 2020 section 53 Insolvency Practitioners Regulation (Amendments) Act 2019
296A: Dispositions of property after application but before appointment of liquidator
1: A disposition of a company’s property is voidable if it is made during the specified period.
2: However, the disposition is not voidable if it is made—
a: in the ordinary course of business of the company; or
b: by an administrator, a deed administrator, or a receiver, on the company’s behalf; or
c: under an order of the court.
3: In this section,— disposition section 345 property section 345 specified period section 241(2)(c) Section 296A inserted 1 September 2020 section 53 Insolvency Practitioners Regulation (Amendments) Act 2019
296B: Procedure for setting aside dispositions
1: A liquidator who wishes to set aside a disposition that is voidable under section 296A
a: file a notice with the court; and
b: serve the notice as soon as practicable on—
i: the party to which the disposition was made; and
ii: any other party from whom the liquidator intends to recover.
2: The notice must—
a: be in writing; and
b: state the liquidator's postal, email, and street addresses; and
c: specify the disposition to be set aside; and
d: describe the property or state the amount that the liquidator wishes to recover; and
e: state that the person named in the notice may object to the disposition being set aside by sending to the liquidator a written notice of objection that is received by the liquidator at an address stated in the liquidator’s notice within 20 working days after the notice has been served on that person; and
f: state that the written notice of objection must contain full particulars of the reasons for objecting and must identify any documents that evidence or substantiate the reasons for objecting; and
g: state that the disposition will be set aside as against the person named in the notice if that person does not object; and
h: state that if the person named in the notice does object, the liquidator may apply to the court for the disposition to be set aside.
3: The disposition is automatically set aside as against the person on whom the liquidator has served the notice unless that person has sent to the liquidator a written notice of objection that is received by the liquidator at an address stated in the liquidator’s notice within 20 working days after the liquidator's notice has been served on that person.
4: The notice of objection must contain full particulars of the reasons for objecting and must identify any documents that evidence or substantiate the reasons for objecting.
5: A disposition that is not automatically set aside may still be set aside by the court on the liquidator's application. Section 296B inserted 1 September 2020 section 53 Insolvency Practitioners Regulation (Amendments) Act 2019
296C: Other orders
If a disposition is set aside under section 296B
a: an order that a person transfer to the company—
i: property that the company disposed of:
ii: any proceeds of property referred to in subparagraph (i):
iii: property that, in the court’s opinion, fairly represents the application of proceeds referred to in subparagraph (ii):
b: an order that a person pay to the company an amount that, in the court's opinion, fairly represents some or all of the benefits that the person has received because of the disposition:
c: an order releasing, in whole or in part, a charge given by the company:
d: an order requiring security to be given for the discharge of an order made under this section:
e: an order specifying the extent to which a person affected by the setting aside of a disposition by an order made under this section is entitled to claim as a creditor in the liquidation. Section 296C inserted 1 September 2020 section 53 Insolvency Practitioners Regulation (Amendments) Act 2019
296D: Additional provisions relating to setting aside dispositions
1: The setting aside of a disposition or an order made under section 296C
a: from a person other than the company; and
b: for valuable consideration; and
c: without knowing the circumstances in which the property was acquired from the company.
2: The setting aside of a charge or an order made under section 296C
a: as the result of the exercise of a power of sale by the mortgagee of the charge; and
b: for valuable consideration; and
c: without knowing the circumstances relating to the giving of the charge.
3: A court must not order the recovery of property of a company (or its equivalent value) by a liquidator, whether under this Act, any other enactment, or in law or in equity, if the person from whom recovery is sought ( A
a: A acted in good faith; and
b: a reasonable person in A's position would not have suspected, and A did not have reasonable grounds to suspect, that the company was, or would become, insolvent; and
c: A gave value for the property or altered A's position in the reasonably held belief that the transfer of the property to A was valid and would not be set aside.
4: Nothing in the Land Transfer Act 2017 restricts the operation of this section or sections 296A to 296C Section 296D inserted 1 September 2020 section 53 Insolvency Practitioners Regulation (Amendments) Act 2019 Recovery in other cases
297: Transactions at undervalue
1: Under subsection (2) the liquidator may recover from a person ( X C
a: A
b: B
2: The liquidator may recover the difference in value (that is, C in the formula in subsection (1)) from X if—
a: the company entered into the transaction within the specified period; and
b: either—
i: the company was unable to pay its due debts when it entered into the transaction; or
ii: the company became unable to pay its due debts as a result of entering into the transaction.
3: For the purposes of this section,—
a: transaction section 292(3)
b: specified period
i: the period of 2 years
ii: in the case of a company that was put into liquidation by the court, the period of 2 years , and at the time at which, ; and
iii: if—
A: an application was made to the court to put a company into liquidation; and
B: after the making of the application to the court a liquidator was appointed under paragraph (a) or paragraph (b) of section 241(2) the period of 2 years and at the time
4: This section does not apply to transactions to which the limit in section 142(2) Section 297(1) replaced 1 November 2007 section 32(1) Companies Amendment Act 2006 Section 297(2) replaced 1 November 2007 section 32(1) Companies Amendment Act 2006 Section 297(3)(a) replaced 1 November 2007 section 32(2) Companies Amendment Act 2006 Section 297(3)(b)(i) replaced 26 April 1999 section 10(1) Companies Amendment Act 1999 Section 297(3)(b)(i) amended 1 November 2007 section 32(3) Companies Amendment Act 2006 Section 297(3)(b)(ii) amended 1 November 2007 section 32(3) Companies Amendment Act 2006 Section 297(3)(b)(ii) amended 26 April 1999 section 10(2)(a) Companies Amendment Act 1999 Section 297(3)(b)(ii) amended 3 June 1998 section 14 Companies Amendment Act 1998 Section 297(3)(b)(iii) inserted 3 June 1998 section 14 Companies Amendment Act 1998 Section 297(3)(b)(iii) amended 1 November 2007 section 32(3) Companies Amendment Act 2006 Section 297(3)(b)(iii) amended 26 April 1999 section 10(2)(b) Companies Amendment Act 1999 (1999 No 19) Section 297(4) inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020
298: Transactions for inadequate or excessive consideration with directors and certain other persons
1: Where, within the specified period, a company has acquired a business or property from, or the services of,—
a: a person who was, at the time of the acquisition, a director of the company, or a nominee or relative of or a trustee for, or a trustee for a relative of, a director of the company; or
b: a person, or a relative of a person, who, at the time of the acquisition, had control of the company; or
c: another company that was, at the time of the acquisition, controlled by a director of the company, or a nominee or relative of or a trustee for, or a trustee for a relative of, a director of the company; or
d: another company that was, at the time of the acquisition, a related company,— the liquidator may recover from the person, relative, company, or related company, as the case may be, any amount by which the value of the consideration given for the acquisition of the business, property, or services exceeded the value of the business, property, or services at the time of the acquisition.
2: Where, within the specified period, a company has disposed of a business or property, or provided services, or issued shares, to—
a: a person who was, at the time of the disposition, provision, or issue, a director of the company, or a nominee or relative of or a trustee for, or a trustee for a relative of, a director of the company; or
b: a person, or a relative of a person, who, at the time of the disposition, provision, or issue, had control of the company; or
c: another company that was, at the time of the disposition, provision, or issue, controlled by a director of the company, or a nominee or relative of or a trustee for, or a trustee for a relative of, a director of the company; or
d: another company that, at the time of the disposition, provision, or issue, was a related company,— the liquidator may recover from the person, relative, company, or related company, as the case may be, any amount by which the value of the business, property, or services, or the value of the shares, at the time of the disposition, provision, or issue exceeded the value of any consideration received by the company.
3: For the purposes of this section,—
a: the value of a business or property includes the value of any goodwill attaching to the business or property; and
b: the provisions of section 7
4: For the purposes of subsections (1) and (2), specified period
a: the period of 3 years before the date of commencement of the liquidation together with the period commencing on that date and ending at the time at which the liquidator is appointed; and
b: in the case of a company that was put into liquidation by the court, the period of 3 years before the making of the application to the court together with the period commencing on the date of the making of the application and ending on the date on which , and at the time at which, ; and
c: if—
i: an application was made to the court to put a company into liquidation; and
ii: after the making of the application to the court a liquidator was appointed under paragraph (a) or paragraph (b) of section 241(2) the period of 3 years before the making of the application to the court together with the period commencing on the date of the making of that application and ending on the date and at the time 1955 No 63 s 311C 1980 No 43 s 28 Section 298(4)(a) replaced 26 April 1999 section 11(1) Companies Amendment Act 1999 Section 298(4)(b) amended 26 April 1999 section 11(2)(a) Companies Amendment Act 1999 Section 298(4)(b) amended 3 June 1998 section 15 Companies Amendment Act 1998 Section 298(4)(c) 3 June 1998 section 15 Companies Amendment Act 1998 Section 298(4)(c) amended 26 April 1999 section 11(2)(b) Companies Amendment Act 1999
299: Court may set aside certain securities and charges
1: Subject to subsection (2), if a company that is in liquidation is unable to meet all its debts, the court, on the application of the liquidator, may order that a security or charge, or part of it, created by the company over any of its property or undertaking in favour of—
a: a person who was, at the time the security or charge was created, a director of the company, or a nominee or relative of or a trustee for, or a trustee for a relative of, a director of the company; or
b: a person, or a relative of a person, who, at the time when the security or charge was created, had control of the company; or
c: another company that was, when the security or charge was created, controlled by a director of the company, or a nominee or relative of or a trustee for, or a trustee for a relative of, a director of the company; or
d: another company, that at the time when the security or charge was created, was a related company,— shall, so far as any security on the property or undertaking is conferred, be set aside as against the liquidator of the company, if the court considers that, having regard to the circumstances in which the security or charge was created, the conduct of the person, relative, company, or related company, as the case may be, in relation to the affairs of the company, and any other relevant circumstances, it is just and equitable to make the order.
2: Subsection (1) does not apply to a security or charge that has been transferred by the person in whose favour it was originally created and has been purchased by another person (whether or not from the first-mentioned person) if,—
a: at the time of the purchase, the purchaser was not a person specified in any of paragraphs (a) to (d) of that subsection; and
b: the purchase was made in good faith and for valuable consideration.
3: The court may make such other orders as it thinks proper for the purpose of giving effect to an order under this section.
4: Nothing in the Land Transfer Act 2017
5: The provisions of section 7 1955 No 63 s 311B 1980 No 43 s 27 Section 299(4) amended 12 November 2018 section 250 Land Transfer Act 2017
300: Liability if proper accounting records not kept
1: Subject to subsection (2), if—
a: a company that is in liquidation and is unable to pay all its debts has failed to comply with—
i: section 194
ii: section 201 202
b: the court considers that—
i: the failure to comply has contributed to the company's inability to pay all its debts, or has resulted in substantial uncertainty as to the assets and liabilities of the company, or has substantially impeded the orderly liquidation; or
ii: for any other reason it is proper to make a declaration under this section,— the court, on the application of the liquidator, may, if it thinks it proper to do so, declare that any 1 or more of the directors and former directors of the company is, or are, personally responsible, without limitation of liability, for all or any part of the debts and other liabilities of the company as the court may direct.
2: The court must not make a declaration under subsection (1) in relation to a person if the court considers that the person—
a: took all reasonable steps to secure compliance by the company with the applicable provision referred to in paragraph (a) of that subsection; or
b: had reasonable grounds to believe and did believe that a competent and reliable person was charged with the duty of seeing that that provision was complied with and was in a position to discharge that duty.
3: The court may give any direction it thinks fit for the purpose of giving effect to the declaration.
4: The court may make a declaration under this section even though the person concerned is liable to be convicted of an offence.
5: An order under this section is deemed to be a final judgment within the meaning of section 17(1)(a) 1955 No 63 s 319 1980 No 43 s 31 Section 300(1)(a) replaced 1 April 2014 section 37 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 300(5) amended 3 December 2007 section 445 Insolvency Act 2006
301: Power of court to require persons to repay money or return property
1: If, in the course of the liquidation of a company, it appears to the court that a person who has taken part in the formation or promotion of the company, or a past or present director, manager, administrator,
a: inquire into the conduct of the promoter, director, manager, administrator,
b: order that person—
i: to repay or restore the money or property or any part of it with interest at a rate the court thinks just; or
ii: to contribute such sum to the assets of the company by way of compensation as the court thinks just; or
c: where the application is made by a creditor, order that person to pay or transfer the money or property or any part of it with interest at a rate the court thinks just to the creditor.
2: This section has effect even though the conduct may constitute an offence.
3: An order for payment of money under this section is deemed to be a final judgment within the meaning of section 17(1)(a)
4: In making an order under subsection (1) against a past or present director, the court must, where relevant, take into account any action that person took for the appointment of an administrator to the company under Part 15A 1955 No 63 s 321 1980 No 43 s 33 Section 301(1) amended 1 November 2007 section 14(1) Companies Amendment Act 2006 Section 301(1)(a) amended 1 November 2007 section 14(1) Companies Amendment Act 2006 Section 301(3) amended 3 December 2007 section 445 Insolvency Act 2006 Section 301(4) inserted 1 November 2007 section 14(2) Companies Amendment Act 2006 Creditors' claims
302: Application of bankruptcy rules to liquidation of insolvent companies
1: Subject to this Part, the rules in force under the law of bankruptcy with respect to the estates of persons adjudged bankrupt apply in the liquidation of a company that is unable to pay its debts to—
a: the rights of secured and unsecured creditors:
b: claims by creditors:
c: the valuation of annuities and future and contingent liabilities— and all persons who in any such case would be entitled to make claims and receive payment in whole or in part are so entitled in the liquidation.
2: In applying in a liquidation the rules in force under the law of bankruptcy, a claim made under section 304 Insolvency Act 2006 Section 302(2) amended 3 December 2007 section 445 Insolvency Act 2006
303: Admissible claims
1: Subject to subsection (2), a debt or liability, present or future, certain or contingent, whether it is an ascertained debt or a liability for damages, may be admitted as a claim against a company in liquidation.
2: Fines, monetary penalties, sentences of reparation, orders, section 308 Section 303 replaced 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 303(2) amended 8 September 2018 section 24 Statutes Amendment Act 2018
304: Claims by unsecured creditors
1: A claim by an unsecured creditor against a company in liquidation must be made in the prescribed form and must—
a: contain full particulars of the claim; and
b: identify any documents that evidence or substantiate the claim.
2: The liquidator may require the production of a document referred to in subsection (1)(b).
3: The liquidator must, as soon as practicable, either admit or reject a claim in whole or in part, and if the liquidator subsequently considers that a claim has been wrongly admitted or rejected in whole or in part, may revoke or amend that decision.
4: If a liquidator rejects a claim, whether in whole or in part, he or she must forthwith give notice in writing of the rejection to the creditor.
5: The costs of making a claim under subsection (1) or producing a document under subsection (2) must be met by the creditor making the claim.
6: Every person who—
a: makes, or authorises the making of, a claim under this section that is false or misleading in a material particular knowing it to be false or misleading; or
b: omits, or authorises the omission, from a claim under this section of any matter knowing that the omission makes the claim false or misleading in a material particular— commits an offence, and is liable on conviction to the penalties set out in section 373(4)
305: Rights and duties of secured creditors
1: A secured creditor may—
a: realise property subject to a charge, if entitled to do so; or
b: value the property subject to the charge and claim in the liquidation as an unsecured creditor for the balance due, if any; or
c: surrender the charge to the liquidator for the general benefit of creditors and claim in the liquidation as an unsecured creditor for the whole debt.
2: A secured creditor may exercise the power referred to in paragraph (a) of subsection (1) whether or not the secured creditor has exercised the power referred to in paragraph (b) of that subsection.
3: A secured creditor who realises property subject to a charge—
a: may, unless the liquidator has accepted a valuation and claim by the secured creditor under subsection (6), claim as an unsecured creditor for any balance due after deducting the net amount realised:
b: must account to the liquidator for any surplus remaining from the net amount realised after satisfaction of the debt, including interest payable in respect of that debt up to the time of its satisfaction, and after making any proper payments to the holder of any other charge over the property subject to the charge.
4: If a secured creditor values the security and claims as an unsecured creditor for the balance due, if any, the valuation and any claim must be made in the prescribed form and—
a: contain full particulars of the valuation and any claim; and
b: contain full particulars of the charge including the date on which it was given; and
c: identify any documents that substantiate the claim and the charge.
5: The liquidator may require production of any document referred to in subsection (4)(c).
6: Where a claim is made by a secured creditor under subsection (4), the liquidator must—
a: accept the valuation and claim; or
b: reject the valuation and claim in whole or in part, but—
i: where a valuation and claim is rejected in whole or in part, the creditor may make a revised valuation and claim within 10 working days of receiving notice of the rejection; and
ii: the liquidator may, if he or she subsequently considers that a valuation and claim was wrongly rejected in whole or in part, revoke or amend that decision.
7: Where the liquidator—
a: accepts a valuation and claim under subsection (6)(a); or
b: accepts a revised valuation and claim under subsection (6)(b)(i); or
c: accepts a valuation and claim on revoking or amending a decision to reject a claim under subsection (6)(b)(ii),— the liquidator may, unless the secured creditor has realised the property, at any time, redeem the security on payment of the assessed value.
8: The liquidator may at any time, by notice in writing, require a secured creditor, within 20 working days after receipt of the notice, to—
a: elect which of the powers referred to in subsection (1) the creditor wishes to exercise; and
b: if the creditor elects to exercise the power referred to in paragraph (b) or paragraph (c) of that subsection, exercise the power within that period.
9: A secured creditor on whom notice has been served under subsection (8) who fails to comply with the notice, is to be taken as having surrendered the charge to the liquidator under subsection (1)(c) for the general benefit of creditors, and may claim in the liquidation as an unsecured creditor for the whole debt.
10: A secured creditor who has surrendered a charge under subsection (1)(c) or who is taken as having surrendered a charge under subsection (9) may, with the leave of the court or the liquidator and subject to such terms and conditions as the court or the liquidator thinks fit, at any time before the liquidator has realised the property charged,—
a: withdraw the surrender and rely on the charge; or
b: submit a new claim under this section.
11: Every person who—
a: makes, or authorises the making of, a claim under subsection (4) that is false or misleading in a material particular knowing it to be false or misleading; or
b: omits, or authorises the omission, from a claim under that subsection of any matter knowing that the omission makes the claim false or misleading in a material particular— commits an offence, and is liable on conviction to the penalties set out in section 373(4) Section 305(4) replaced 1 July 1994 Companies Act 1993 Amendment Act 1994
306: Ascertainment of amount of claim
1: The amount of a claim must be ascertained as at the date and time
2: The amount of a claim based on a debt or liability denominated in a currency other than New Zealand currency must be converted into New Zealand currency at the rate of exchange on the date of commencement of the liquidation, or, if there is more than 1 rate of exchange on that date, at the average of those rates. Section 306(1) amended 26 April 1999 section 12 Companies Amendment Act 1999
307: Claim not of an ascertained amount
1: If a claim is subject to a contingency, or is for damages, or, if for some other reason, the amount of the claim is not certain, the liquidator may—
a: make an estimate of the amount of the claim; or
b: refer the matter to the court for a decision on the amount of the claim.
2: On the application of the liquidator, or of a claimant who is aggrieved by an estimate made by the liquidator, the court shall determine the amount of the claim as it sees fit.
308: Fines and penalties
Nothing in this Part limits or affects the recovery of—
a: a fine , monetary penalty, sentence of reparation, or other order for the payment of money
b: a monetary penalty payable to the Crown imposed on a company by a court, whether before or after the commencement of the liquidation of the company, for the breach of any enactment; or
c: costs ordered to be paid by the company in relation to proceedings for the offence or breach. Section 308(a) amended 8 September 2018 section 25 Statutes Amendment Act 2018
309: Claims relating to debts payable after commencement of liquidation
1: A claim in respect of a debt that, but for the liquidation, would not be payable until a date that is 6 months, or later than 6 months, after the date of
2: For the purposes of subsection (1), the present value of a debt is to be determined by deducting from the amount of the debt interest at the interest rate as defined in section 12(3) Section 309(1) amended 26 April 1999 section 13 Companies Amendment Act 1999 Section 309(2) amended 1 January 2018 section 29 Schedule 1 clause 6 Interest on Money Claims Act 2016
310: Mutual credit and set-off
1: Where there have been mutual credits, mutual debts, or other mutual dealings between a company and a person who seeks or, but for the operation of this section, would seek to have a claim admitted in the liquidation of the company,—
a: an account must be taken of what is due from the one party to the other in respect of those credits, debts, or dealings; and
b: an amount due from one party must be set off against an amount due from the other party; and
c: only the balance of the account may be claimed in the liquidation, or is payable to the company, as the case may be.
2: A person, other than a related person, is not entitled under this section to claim the benefit of a set-off arising from—
a: a transaction made within the specified period, being a transaction by which the person gave credit to the company or the company gave credit to the person; or
b: the assignment within the specified period to that person of a debt owed by the company to another person— unless the person proves that, at the time of the transaction or assignment, the person did not have reason to suspect that the company was unable to pay its debts as they became due.
3: A related person is not entitled under this section to claim the benefit of a set-off arising from—
a: a transaction made within the restricted period, being a transaction by which the related person gave credit to the company or the company gave credit to the related person; or
b: the assignment within the restricted period to that person of a debt owed by the company to another person— unless the related person proves that, at the time of the transaction or assignment, the related person did not have reason to suspect that the company was unable to pay its debts as they became due.
4: This section does not apply to an amount paid or payable by a shareholder—
a: as the consideration, or part of the consideration, for the issue of a share; or
b: in satisfaction of a call in respect of an outstanding liability of the shareholder made by the board of directors or by the liquidator.
5: In this section, related person
6: For the purposes of subsection (2), specified period
a: the period of 6 months before the date of commencement of the liquidation together with the period commencing on that date and ending at the time at which the liquidator is appointed; and
b: in the case of a company that was put into liquidation by the court, the period of 6 months before the making of the application to the court together with the period commencing on the date of the making of that application and ending on the date on which , and at the time at which, ; and
c: if—
i: an application was made to the court to put a company into liquidation; and
ii: after the making of the application to the court a liquidator was appointed under paragraph (a) or paragraph (b) of section 241(2) the period of 6 months before the making of the application to the court together with the period commencing on the date of the making of that application and ending on the date and at the time
7: For the purposes of subsection (3), restricted period
a: the period of 2 years before the date of commencement of the liquidation together with the period commencing on that date and ending at the time at which the liquidator is appointed; and
b: in the case of a company that was put into liquidation by the court, the period of 2 years before the making of the application to the court together with the period commencing on the date of the making of that application and ending on the date on which , and at the time at which, ; and
c: if—
i: an application was made to the court to put a company into liquidation; and
ii: after the making of the application to the court a liquidator was appointed under paragraph (a) or paragraph (b) of section 241(2) the period of 2 years before the making of the application to the court together with the period commencing on the date of the making of that application and ending on the date and at the time Section 310(6)(a) replaced 26 April 1999 section 14(1) Companies Amendment Act 1999 Section 310(6)(b) amended 26 April 1999 section 14(2)(a) Companies Amendment Act 1999 Section 310(6)(b) amended 3 June 1998 section 16(1) Companies Amendment Act 1998 Section 310(6)(c) 3 June 1998 section 16(1) Companies Amendment Act 1998 Section 310(6)(c) amended 26 April 1999 section 14(2)(b) Companies Amendment Act 1999 Section 310(7)(a) replaced 26 April 1999 section 14(3) Companies Amendment Act 1999 Section 310(7)(b) 26 April 1999 section 14(4)(a) Companies Amendment Act 1999 Section 310(7)(b) amended 3 June 1998 section 16(2) Companies Amendment Act 1998 Section 310(7)(c) 3 June 1998 section 16(2) Companies Amendment Act 1998 Section 310(7)(c) amended 26 April 1999 section 14(4)(b) Companies Amendment Act 1999
310A: Definitions relating to set-off under netting agreement
In this Act, unless the context otherwise requires,— Bank bilateral netting agreement
a: that on the occurrence of an event specified in the agreement, all or any of those transactions must (or may, at the option of a party) be terminated and—
i: an account taken of all money due between the parties in respect of the terminated transactions; and
ii: all obligations in respect of that money satisfied by payment of the net amount due from or on behalf of the party having a net debit to or on behalf of the party having a net credit; or
b: that each transaction is to be debited or credited to an account with the effect that the rights and obligations of each party that existed in respect of the relevant account prior to the transaction are extinguished and replaced by rights and obligations in respect of the net debit due on the relevant account after taking into account that transaction; or
c: that amounts payable by each party to the other party are to be paid or satisfied by payment of the net amount of those obligations by the party having a net debit to the party having a net credit;— but does not include any bilateral netting agreement that is part of a multilateral netting agreement clearing house multilateral netting agreement
a: payment by or on behalf of each party having a net debit to or on behalf of a clearing house (whether as agent or as principal) or a party having a net credit; and
b: receipt by or on behalf of each party having a net credit from or on behalf of a clearing house (whether as agent or as principal) or a party having a net debit netted balance netting agreement recognised clearing house section 310K recognised multilateral netting agreement Section 310A inserted 26 April 1999 section 15 Companies Amendment Act 1999
310B: Application of set-off under netting agreement
1: Despite anything in section 313 sections 310A to 310O
a: to a netting agreement—
i: made in or evidenced by writing; and
ii: in which the application of sections 310A to 310O
iii: whether made before or after the commencement of this section; and
b: to all obligations under a netting agreement (whether those obligations are payable in New Zealand currency or in some other currency).
2: Sections 310A to 310O
a: any disposal of rights under a transaction that is subject to a netting agreement in contravention of a prohibition in the netting agreement; or
b: the creation of a charge or other interest in respect of the rights referred to in paragraph (a) in contravention of a prohibition in the netting agreement.
3: Nothing in sections 310A to 310O
a: as the consideration, or part of the consideration, for the issue of a share; or
b: in satisfaction of a call in respect of an outstanding liability of the shareholder made by the board of directors or by the liquidator. Section 310B inserted 26 April 1999 section 15 Companies Amendment Act 1999
310C: Calculation of netted balance
If a company that is a party to a netting agreement is in liquidation,—
a: any netted balance payable by or to the company must be calculated in accordance with the netting agreement; and
b: that netted balance constitutes the amount that may be claimed in the liquidation or is payable to the company, as the case may be, in respect of the transactions that are included in the calculation. Section 310C inserted 26 April 1999 section 15 Companies Amendment Act 1999
310D: Mutuality required for transactions under bilateral netting agreements
1: Sections 310A to 310O
2: Subsection (3) applies for the purpose of determining under this section whether there are mutual credits, mutual debts, or other mutual dealings.
3: A debt or other liability incurred by a person ( T Section 310D inserted 26 April 1999 section 15 Companies Amendment Act 1999 Section 310D(2) inserted 31 March 2017 section 31 Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 310D(3) inserted 31 March 2017 section 31 Regulatory Systems (Commercial Matters) Amendment Act 2017
310E: When mutuality required for transactions under recognised multilateral netting agreements
1: Sections 310A to 310O
2: Despite subsection (1), sections 310A to 310O
a: those transactions do not constitute mutual credits, mutual debts, or other mutual dealings; and
b: a party to any of those transactions is acting as a trustee for another person; and
c: the party acting as trustee is not authorised by the terms of the trust of which the party is a trustee to enter into the transaction. Section 310E inserted 26 April 1999 section 15 Companies Amendment Act 1999
310F: Application of set-off under section 310 to transactions subject to netting agreements
1: Section 310 sections 310A to 310O
2: However, a netted balance is to be treated as an amount to which section 310(1) Section 310F inserted 26 April 1999 section 15 Companies Amendment Act 1999
310G: Transactions under netting agreement and effect on certain sections
1: Nothing in sections 310A to 310O section 56 section 292 section 297 section 298
2: However, nothing in section 292(4A)
3: For the purposes of sections 292 297 transaction Section 310G inserted 26 April 1999 section 15 Companies Amendment Act 1999 Section 310G(2) amended 7 July 2010 section 6 Companies Amendment Act (No 2) 2010
310H: Rights under netting agreement not affected by commencement of liquidation
Nothing in section 248(1)
a: the termination, in accordance with the netting agreement, of all or any transactions that are subject to the netting agreement by reason of the occurrence of an event specified in the netting agreement, being an event (including the appointment of a liquidator) occurring not later than the commencement of the liquidation; or
b: the taking of an account, in accordance with the netting agreement, of all money due between the parties to the netting agreement in respect of transactions affected by the termination. Section 310H inserted 26 April 1999 section 15 Companies Amendment Act 1999
310I: Set-off under netting agreement not affected by notice under section 294
The filing of a notice under section 294 section 310C Section 310I inserted 26 April 1999 section 15 Companies Amendment Act 1999
310J: Court may set aside bilateral netting agreement between company and related person
1: The court may order, on the application of a liquidator, that a bilateral netting agreement entered into by a company be set aside as against the liquidator of the company if—
a: the netting agreement is between the company and a person who was a related person at the time that the netting agreement was entered into; and
b: the netting agreement was entered into within the restricted period; and
c: the related person does not prove that, at the time the netting agreement was entered into, the related person did not have reason to suspect that the company was unable to pay its debts as they became due.
2: The court may make any other orders it thinks proper for the purpose of giving effect to an order under subsection (1).
3: In this section, unless the context otherwise requires,— related person
a: a director of the company, or a nominee or relative of or a trustee for, or a trustee for a relative of, a director of the company; or
b: a person, or a relative of a person, who has control of the company; or
c: another company that is controlled by a director of the company, or a nominee or relative of or a trustee for, or a trustee for a relative of, a director of the company; or
d: a related company restricted period section 310(7) Section 310J inserted 26 April 1999 section 15 Companies Amendment Act 1999
310K: Certain persons may be declared to be recognised clearing houses
1: The Bank may, by notice in the Gazette sections 310A to 310O
2: The Bank may, by notice in the Gazette Section 310K inserted 26 April 1999 section 15 Companies Amendment Act 1999
310L: Matters that Bank must or may have regard to when making, varying, or revoking declaration under section 310K
1: In determining whether a declaration should be made, varied, or revoked under section 310K sections 310A to 310O
2: In determining whether a declaration should be made, varied, or revoked under section 310K
a: the type of transactions that may be effected through the clearing house; or
b: any laws or regulatory requirements relating to the operation of that clearing house and compliance with those laws or regulatory requirements; or
c: any other matters that the Bank may, in any particular case, consider appropriate. Section 310L inserted 26 April 1999 section 15 Companies Amendment Act 1999
310M: Bank may impose conditions in declaration under section 310K
1: The Bank may, in any declaration made or varied under section 310K section 310L
2: If a recognised clearing house fails to comply with any conditions referred to in subsection (1), the Bank may revoke the declaration made under section 310K Section 310M inserted 26 April 1999 section 15 Companies Amendment Act 1999
310N: Bank to notify recognised clearing house about Bank's intention to revoke or vary declaration under section 310K
The Bank must not revoke or vary a declaration made under section 310K
a: the recognised clearing house to which the notice applies has been given not less than 7 days' notice in writing of the Bank's intention to do so; and
b: the clearing house has a reasonable opportunity to make submissions to the Bank; and
c: the Bank considers those submissions. Section 310N inserted 26 April 1999 section 15 Companies Amendment Act 1999
310O: Transactions under recognised multilateral netting agreement not affected by variation or revocation of declaration under section 310K
The variation or revocation of a declaration under section 310K sections 310A to 310O
a: that is or was subject to a recognised multilateral netting agreement; and
b: that was entered into before the variation or revocation of the declaration. Section 310O inserted 26 April 1999 section 15 Companies Amendment Act 1999
311: Interest on claims
1: The amount of a claim may include interest up to the date of
a: at such rate as may be specified or contained in any contract that makes provision for the payment of interest on that amount; or
b: in the case of a judgment debt, of the amount that is payable
2: If any surplus assets remain after the payment of all admitted claims, the specified interest must be paid on those claims
3: If any surplus assets remain after the payment of specified interest in accordance with subsection (2), interest must be paid, on all admitted claims referred to in subsection (1)(a), of an amount equal to the difference between the specified interest paid under subclause (2) and the interest that would have been payable under the contract for that period and, if the amount of the surplus assets is insufficient to pay interest in full on all those claims, payment must abate rateably among them.
4: For the purpose of subsection (2), specified interest Schedule 2 Section 311(1) amended 26 April 1999 section 16 Companies Amendment Act 1999 Section 311(1)(b) amended 1 January 2018 section 29 Schedule 1 clause 6 Interest on Money Claims Act 2016 Section 311(2) amended 1 January 2018 section 29 Schedule 1 clause 6 Interest on Money Claims Act 2016 Section 311(3) replaced 1 January 2018 section 29 Schedule 1 clause 6 Interest on Money Claims Act 2016 Section 311(4) replaced 1 January 2018 section 29 Schedule 1 clause 6 Interest on Money Claims Act 2016
312: Preferential claims
1: The liquidator must pay out of the assets of the company the expenses, fees, and claims set out in Schedule 7
2: Without limiting clause 2(1)(b) assets section 305 Section 312(2) amended 1 November 2007 section 38 Companies Amendment Act 2006
313: Claims of other creditors and distribution of surplus assets
1: After paying preferential claims in accordance with section 312
2: The claims referred to in subsection (1) rank equally among themselves and must be paid in full, unless the assets are insufficient to meet them, in which case payment shall abate rateably among all claims.
3: Where, before the commencement of a liquidation, a creditor agrees to accept a lower priority in respect of a debt than that which it would otherwise have under this section, nothing in this section prevents the agreement from having effect according to its terms.
4: Subject to section 311
a: in accordance with the provisions contained in the company's constitution; or
b: if the company's constitution does not contain provisions for the distribution of surplus assets or, if the company does not have a constitution, in accordance with this Act. Liquidation committees
314: Meetings of creditors or shareholders
1: At any time in the course of the liquidation, the liquidator shall, at the request in writing of any creditor or shareholder or on the liquidator's own motion, call a meeting of creditors or shareholders—
a: to vote on a proposal that a liquidation committee be appointed to act with the liquidator; and
b: if it is so decided, to choose the members of the committee.
2: A liquidator may decline a request by a creditor or shareholder to call a meeting on the ground that—
a: the request is frivolous or vexatious; or
b: the request was not made in good faith; or
c: except where a creditor or shareholder agrees to meet the costs, the costs of calling a meeting would be out of all proportion to the value of the company's assets.
3: The decision of a liquidator to decline the request may be reviewed by the court on the application of any creditor or shareholder, as the case may be.
4: Subject to subsections (2) and (3), a liquidator who receives a request to call a meeting of creditors or of shareholders must forthwith call such a meeting in accordance with Schedule 1 Schedule 5
5: The members of a liquidation committee chosen by a meeting of creditors or of shareholders take office forthwith, but if there is a difference between the decisions of meetings of creditors and meetings of shareholders on—
a: the question of appointing a liquidation committee; or
b: the membership of a liquidation committee— the liquidator must refer the matter to the court which may make such decision as it thinks fit.
6: The sole shareholder of a company may present to the liquidator a view on any matter which could have been decided at a meeting of shareholders under this section, and that view must, for all purposes, be treated as though it were a decision taken at a meeting of shareholders. Section 314(2)(c) replaced 1 July 1994 Companies Act 1993 Amendment Act 1994
315: Liquidation committees
1: A liquidation committee must consist of not less than 3 persons who are—
a: creditors or shareholders; or
b: persons holding general powers of attorney from creditors or shareholders; or
c: authorised directors or representatives of companies which are creditors or shareholders of the company in liquidation.
2: A liquidation committee has the power to—
a: call for reports from the liquidator on the progress of the liquidation:
b: call a meeting of creditors or of shareholders:
c: apply to the court under section 284 section 286
d: assist the liquidator as appropriate in the conduct of the liquidation.
3: The provisions set out in Schedule 8
4: A meeting of creditors called under subsection (2)(b) shall be held in accordance with Schedule 5
5: Where, by reason of vacancies in a liquidation committee, the committee is unable to act, the liquidator must call attention to the situation in the next 6-monthly report required to be prepared and sent under section 255(2)(d) Liquidation Surplus Account
316: Establishment of Liquidation Surplus Account
1: Money representing unclaimed assets of a company standing to the credit of a liquidator Public Trust
2: At the expiration of a period of 12 months after the date on which the money is paid, Public Trust Liquidation Surplus Account
3: Money held in the Liquidation Surplus Account may be invested in accordance with the Trusts Act 2019
4: Money held in the Liquidation Surplus Account may be—
a: paid or distributed to any person entitled to payment or distribution in the liquidation of a company any money representing the surplus assets of which has been credited to the Account; or
b: paid, subject to such conditions as the Official Assignee for New Zealand may impose, in meeting the claims of the creditors of a company in the liquidation of which the Official Assignee or any other person is the liquidator, for payment of the costs of proceedings in the liquidation after the commencement of the liquidation, legal or other expert advice, or the costs of any expert witness, where the Official Assignee for New Zealand is satisfied that it is fair and reasonable for those costs to be met out of the Account.
5: Payments from the Liquidation Surplus Account shall be made by Public Trust
6: In making a payment under this section, Public Trust
7: Nothing in the Unclaimed Money Act 1971 1955 No 63 s 330A 1989 No 101 s 12 Section 316(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 316(1) amended 3 June 1998 section 17 Companies Amendment Act 1998 Section 316(2) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 316(3) amended 30 January 2021 section 161 Trusts Act 2019 Section 316(5) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 316(6) amended 1 March 2002 section 170(1) Public Trust Act 2001 Transitional provisions Heading replaced 30 June 1997 section 17 Companies Act 1993 Amendment Act 1997
316A: Transitional provision in relation to voidable transactions
Section 316A repealed 5 December 2013 section 9 Companies Amendment Act 2013
316B: Transitional provision in relation to Liquidation Surplus Account under section 290 of Companies Act 1955
On the repeal of the Companies Act 1955 section 2
a: all money standing to the credit of the Liquidation Surplus Account established under section 290 of the Companies Act 1955 section 316
b: section 316 section 290 of the Companies Act 1955 Companies Act 1955 Section 316B inserted 30 June 1997 section 18 Companies Act 1993 Amendment Act 1997
17: Removal from the New Zealand register
317: Removal from register
A company is removed from the New Zealand register when a notice signed by the Registrar stating that the company is removed from the New Zealand register is registered under this Act.
318: Grounds for removal from register
1: Subject to this section, the Registrar must remove a company from the New Zealand register if—
aaa: the company does not comply with section 10
a: the company is an amalgamating company, other than an amalgamated company, on the day on which the Registrar issues a certificate of amalgamation under section 224
b: the Registrar has reasonable grounds to believe that—
i: the company is not carrying on business; and
ii: there is no proper reason for the company to continue in existence; or
ba: the company has failed to respond to a requirement made under section 365(1)(caaa) or (c)
bb: the Registrar has reasonable grounds to believe that the company, or 1 or more of its directors or shareholders, has failed to respond to a requirement made in relation to that or another company under section 365F or 365G
bc: the Registrar has reasonable grounds to believe that the company, or 1 or more of its directors or shareholders, has intentionally provided the Registrar with inaccurate information; or
bd: the Registrar has reasonable grounds to believe that the company, or 1 or more of its directors or shareholders, has failed in a persistent or serious way to comply with duties relating to the company—
i: under this Act; or
ii: under the Financial Reporting Act 1993
c: the company has been put into liquidation, and—
i: no liquidator is acting; or
ii: the documents referred to in section 257(1)(a)
d: there is sent or delivered to the Registrar a request in the prescribed form made by—
i: a shareholder authorised to make the request by a special resolution of shareholders entitled to vote and voting on the question; or
ii: the board of directors or any other person, if the constitution of the company so requires or permits— that the company be removed from the New Zealand register on either of the grounds specified in subsection (2); or
e: a liquidator sends or delivers to the Registrar—
i: the documents referred to in section 257(1)(a)
ii: a copy of the notice referred to in section 320(4) ; or
f: the company has failed to pay the fee prescribed by regulations for the application for registration of the company under section 12
1A: The Registrar may choose not to proceed with the removal of a company from the New Zealand register despite subsection (1)(aaa), (bb), (bc), or (bd) applying.
2: A request that a company be removed from the New Zealand register under subsection (1)(d) may be made on the grounds—
a: that the company has ceased to carry on business, has discharged in full its liabilities to all its known creditors, and has distributed its surplus assets in accordance with its constitution and this Act; or
b: that the company has no surplus assets after paying its debts in full or in part, and no creditor has applied to the court under section 241
3: A request that a company be removed from the New Zealand register under subsection (1)(d) must be accompanied by a written notice from the Commissioner of Inland Revenue stating that the Commissioner has no objection to the company being removed from the New Zealand register.
3A: The Registrar must remove a company from the New Zealand register under subsection (1)(f) if—
a: the Registrar has complied with section 319
b: the fee prescribed by regulations for the application for registration of the company under section 12 section 319
4: The Registrar must remove a company from the New Zealand register under subsection (1)(b) only if—
a: the Registrar has complied with section 319
b: the company has not satisfied the Registrar that it is carrying on business or that a proper reason
c: the Registrar—
i: is satisfied that no person has objected to the removal under section 321
ii: if an objection to the removal has been received, has complied with section 322
4A: The Registrar may remove a company from the New Zealand register under subsection (1)(aaa), (ba), (bb), (bc), or (bd) only if—
a: the Registrar has complied with section 319
b: the Registrar—
i: is satisfied that no person has objected to the removal under section 321
ii: if an objection to the removal has been received, has complied with section 322
5: The Registrar must remove a company from the New Zealand register under paragraphs (c), (d), or (e) of subsection (1) only if—
a: the Registrar is satisfied that notice has been given in accordance with section 320
b: the Registrar—
i: is satisfied that no person has objected to the removal under section 321
ii: if an objection to the removal has been received, has complied with section 322 Section 318(1)(aaa) inserted 1 May 2015 section 38(1) Companies Amendment Act 2014 Section 318(1)(b) replaced 1 May 2015 section 38(2) Companies Amendment Act 2014 Section 318(1)(ba) inserted 1 May 2015 section 38(2) Companies Amendment Act 2014 Section 318(1)(bb) inserted 1 May 2015 section 38(2) Companies Amendment Act 2014 Section 318(1)(bc) inserted 1 May 2015 section 38(2) Companies Amendment Act 2014 Section 318(1)(bd) inserted 1 May 2015 section 38(2) Companies Amendment Act 2014 Section 318(1)(d)(i) replaced 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 318(1)(e) replaced 3 June 1998 section 18 Companies Amendment Act 1998 Section 318(1)(e)(ii) amended 15 April 2004 section 15(1) Companies Amendment Act (No 2) 2004 Section 318(1)(f) inserted 15 April 2004 section 15(1) Companies Amendment Act (No 2) 2004 Section 318(1A) inserted 1 May 2015 section 38(3) Companies Amendment Act 2014 Section 318(3A) inserted 15 April 2004 section 15(2) Companies Amendment Act (No 2) 2004 Section 318(4)(b) amended 1 May 2015 section 38(4) Companies Amendment Act 2014 Section 318(4A) inserted 1 May 2015 section 38(5) Companies Amendment Act 2014
319: Notice of intention to remove
company under paragraph (aaa), (b), (ba), (bb), (bc), (bd), or (f) of section 318(1)
1: Before a company can be removed from the New Zealand register under section 318(1)(aaa), (b), (ba), (bb), (bc), (bd), or (f)
a: give notice to the company in accordance with subsection (2); and
b: give notice of the matters set out in subsection (3) to any person who is entitled to a security interest in respect of which a financing statement has been registered under the Personal Property Securities Act 1999
c: give public notice of the matters set out in subsection (3).
2: The notice to be given under subsection (1)(a) must state the section under, and the grounds on which, it is intended to remove the company from the New Zealand register and must include the following information in respect of the relevant grounds:
a: if section 318(1)(aaa)
i: the Registrar does not, in accordance with section 322
ii: by the date specified in the notice, which must be at least 20 working days after the date of the notice, the company satisfies the Registrar (by notice in writing) that it complies with section 10
b: if section 318(1)(b)
i: the Registrar does not, in accordance with section 322
ii: by the date specified in the notice, which must be at least 20 working days after the date of the notice, the company satisfies the Registrar (by notice in writing) that it is carrying on business or that there is a proper reason for it to continue in existence:
c: if section 318(1)(ba)
i: the Registrar does not, in accordance with section 322
ii: by the date specified in the notice, which must be at least 20 working days after the date of the notice, the company (by notice in writing)—
A: responds to the requirement made under section 365(1)(caaa)
B: satisfies the Registrar that there is a proper reason for it to continue in existence:
d: if section 318(1)(bb)
i: the Registrar does not, in accordance with section 322
ii: by the date specified in the notice, which must be at least 20 working days after the date of the notice, the company satisfies the Registrar (by notice in writing) that—
A: information has been disclosed as required by the Registrar under section 365F 365G section 365H
B: there is a proper reason for the company to continue in existence:
e: if section 318(1)(bc)
i: the Registrar does not, in accordance with section 322
ii: by the date specified in the notice, which must be at least 20 working days after the date of the notice, the company satisfies the Registrar (by notice in writing) that—
A: the information provided is accurate; or
B: the inaccurate information was provided unintentionally; or
C: accurate information has since been supplied; or
D: there is a proper reason for the company to continue in existence:
f: if section 318(1)(bd)
i: the Registrar does not, in accordance with section 322
ii: by the date specified in the notice, which must be at least 20 working days after the date of the notice, the company satisfies the Registrar (by notice in writing) that—
A: there has been no persistent or serious failure to comply with duties relating to the company under this Act or the Financial Reporting Act 1993
B: there is a proper reason for the company to continue in existence:
g: if section 318(1)(f) section 12
3: The notice to be given under paragraph (b) and paragraph (c) of subsection (1) must specify—
a: the name of the company
b: the section under, and the grounds on which, it is intended to remove the company from the New Zealand register; and
c: if section 318(1)(aaa), (b), (ba), (bb), (bc), or (bd) section 321 Section 319 heading amended 1 May 2015 section 39(1) Companies Amendment Act 2014 Section 319(1) amended 1 May 2015 section 39(2) Companies Amendment Act 2014 Section 319(1) amended 15 April 2004 section 16(2) Companies Amendment Act (No 2) 2004 Section 319(1)(b) replaced 1 May 2002 section 191(1) Personal Property Securities Act 1999 Section 319(2) replaced 1 May 2015 section 39(3) Companies Amendment Act 2014 Section 319(3)(a) amended 30 June 1997 section 19 Companies Act 1993 Amendment Act 1997 Section 319(3)(c) amended 1 May 2015 section 39(4) Companies Amendment Act 2014 Section 319(3)(c) amended 15 April 2004 section 16(5) Companies Amendment Act (No 2) 2004
320: Notice of intention to remove
company under paragraph (c), (d), or (e) of section 318(1)
1: If a company is to be removed from the register under section 318(1)(c) or (d)
2: If a company is to be removed from the register under section 318(1)(e)
3: If a company is to be removed from the register under section 318(1)(c)
a: the company; and
b: a person who is entitled to a security interest in respect of which a financing statement has been registered under the Personal Property Securities Act 1999
4: The notice to be given under this section must specify—
a: the name of the company
b: the section under, and the grounds on which, it is intended to remove the company from the New Zealand register; and
c: the date by which an objection to the removal under section 321 Section 320 heading amended 1 May 2015 section 40 Companies Amendment Act 2014 Section 320(1) amended 15 April 2004 section 17(1) Companies Amendment Act (No 2) 2004 Section 320(2) replaced 15 April 2004 section 17(2) Companies Amendment Act (No 2) 2004 Section 320(3)(b) replaced 1 May 2002 section 191(1) Personal Property Securities Act 1999 Section 320(4)(a) amended 30 June 1997 section 20 Companies Act 1993 Amendment Act 1997
321: Objection to removal from register
1: Where a notice is given of an intention to remove a company from the New Zealand register, any person may deliver to the Registrar, not later than the date specified in the notice, an objection to the removal on any 1 or more of the following grounds:
a: that the company is a proper
b: that the company is a party to legal proceedings; or
c: that the company is in receivership, or liquidation, or both; or
d: that the person is a creditor, or a shareholder, or a person who has an undischarged claim against the company; or
e: that the person believes that there exists, and intends to pursue, a right of action on behalf of the company under Part 9
f: that, for any other reason, it would not be just and equitable to remove the company from the New Zealand register.
2: For the purposes of subsection (1)(d),—
a: a claim by a creditor against a company is not an undischarged claim if—
i: the claim has been paid in full; or
ii: the claim has been paid in part under a compromise entered into under Part 14
iii: the claim has been paid in full or in part by a receiver or a liquidator in the course of a completed receivership or liquidation; or
iv: a receiver or a liquidator has notified the creditor that the assets of the company are not sufficient to enable any payment to be made to the creditor; and
b: a claim by a shareholder or any other person against a company is not an undischarged claim if—
i: payment has been made to the shareholder or that person in accordance with a right under the company's constitution or this Act to receive or share in the company's surplus assets; or
ii: a receiver or liquidator has notified the shareholder or that person that the company has no surplus assets.
3: An objection to the removal of a company from the New Zealand register cannot be made under this section if the ground for removal is that specified in section 318(1)(f)
4: Where a notice is given of an intention to remove a company from the New Zealand register, in addition to an objection to the removal on 1 or more of the grounds identified in subsection (1), in relation to any of the grounds for removal specified in the first column of the following table, any person may deliver to the Registrar, not later than the date specified in the notice, an objection to the removal on any of the corresponding grounds specified in the second column of the following table: The following table is small in size and has 2 columns. Column 1 is headed Grounds for removal. Column 2 is headed Grounds for objection. Grounds for removal Grounds for objection The company does not comply with section 10 The company complies with section 10 The company has failed to respond to a requirement made under section 365(1)(caaa) or (c) The company has responded to the requirement made under section 365(1)(caaa) or (c) The Registrar has reasonable grounds to believe that the company, or 1 or more of its directors or shareholders, has failed to respond to a requirement made in relation to that or another company under section 365F 365G Information has been disclosed as required by the Registrar under section 365F 365G section 365H The Registrar has reasonable grounds to believe that the company, or 1 or more of its directors or shareholders, has intentionally provided the Registrar with inaccurate information The company has provided accurate information or inaccurate information was provided unintentionally The Registrar has reasonable grounds to believe that the company, or 1 or more of its directors or shareholders, has failed to comply with duties relating to the company under this Act or the Financial Reporting Act 1993 There has been no serious or persistent failure to comply with duties relating to the company under this Act or the Financial Reporting Act 1993
5: An objection on the grounds described in subsection (1) or (4) must, if required by the Registrar, be verified by the production of original documents or certified copies of original documents or by statutory declaration. Section 321(1)(a) amended 1 May 2015 section 41(1)(a) Companies Amendment Act 2014 Section 321(1)(a) amended 1 May 2015 section 41(1)(b) Companies Amendment Act 2014 Section 321(3) inserted 15 April 2004 section 18 Companies Amendment Act (No 2) 2004 Section 321(4) inserted 1 May 2015 section 41(2) Companies Amendment Act 2014 Section 321(5) inserted 1 May 2015 section 41(3) Companies Amendment Act 2014
322: Duties of Registrar if objection received
1: If an objection to the removal of a company from the New Zealand register is made on a ground specified in section 321(1)(a), (b), or (c) , or (4)
a: the objection has been withdrawn; or
b: any facts on which the objection is based are not, or are no longer, correct; or
ba: despite the objection, section 318(1)(aaa), (ba), (bb), (bc), or (bd)
c: the objection is frivolous or vexatious.
2: If an objection to the removal of a company from the New Zealand register is made on a ground specified in section 321(1)(d), (e), or (f)
a: under section 241(2)(c)
b: under section 323 section 321 is served on the Registrar not later than 20 working days after the date of the notice, the Registrar intends to proceed with the removal.
3: If—
a: notice of such an application to the court is not served on the Registrar; or
b: the application is withdrawn; or
c: on the hearing of such an application, the court refuses to grant either an order putting the company into liquidation or an order that the company not be removed from the New Zealand register,— the Registrar must proceed with the removal.
4: Every person who makes such an application must give the Registrar notice in writing of the decision of the court within 5 working days of the decision being given.
5: The Registrar must send—
a: a copy of an objection under section 321
b: a copy of a notice given by or served on the Registrar under this section; and
c: if the company is removed from the New Zealand register, notice of the removal— to a person who sent or delivered to the Registrar a request that the company be removed from the New Zealand register under section 318(1)(d) Section 322(1) amended 1 May 2015 section 42(1) Companies Amendment Act 2014 Section 322(1)(ba) inserted 1 May 2015 section 42(2) Companies Amendment Act 2014
323: Powers of court
1: A person who gives a notice objecting to the removal of a company from the New Zealand register on a ground specified in section 321(1)(d), (e), or (f)
2: On an application for an order under subsection (1), the court may, if it is satisfied that the company should not be removed from the register on any of those grounds, make an order that the company is not to be removed from the register.
324: Property of company removed from register
1: Property that, immediately before the removal of a company from the New Zealand register, had not been distributed or disclaimed, vests in the Crown with effect from the removal of the company from the register.
2: For the purposes of this section, property of the former company includes leasehold property and all other rights vested in or held on trust for the former company, but does not include property held by the former company on trust for any other person.
3: The Secretary to the Treasury must, forthwith on becoming aware of the vesting of the property, give public notice of the vesting, setting out the name of the former company and particulars of the property.
3A: However, subsection (3) does not apply to the extent that the property is rights under a security or charge and the Secretary to the Treasury is satisfied that all amounts and all other obligations secured by the security or charge are paid, performed, or otherwise discharged.
4: Where property is vested in the Crown under this section, a person who would have been entitled to receive all or part of the property, or payment from the proceeds of its realisation, if it had been in the hands of the company immediately before the removal of the company from the New Zealand register, or any other person claiming through that person, may apply to the court for an order—
a: vesting all or part of the property in that person; or
b: for payment to that person by the Crown of compensation of an amount not greater than the value of the property.
5: On an application made under subsection (4), the court may—
a: decide any question concerning the value of the property, the entitlement of any applicant to the property or to compensation, and the apportionment of the property or compensation among 2 or more applicants; or
b: order that the hearing of 2 or more applications be consolidated; or
c: order that an application be treated as an application on behalf of all persons, or all members of a class of persons, with an interest in the property; or
d: make an ancillary order.
6: Compensation ordered to be paid under subsection (4) shall be paid out of a Crown Bank Account Section 324(3A) inserted 24 October 2019 section 24 Statutes Amendment Act 2019 Section 324(6) amended 25 January 2005 section 65R(3) Public Finance Act 1989
325: Disclaimer of property by the Crown
1: The Secretary to the Treasury may, by notice in writing, disclaim the Crown's title to property vesting in the Crown under section 324 section 269
2: The Secretary must forthwith give public notice of the disclaimer.
3: Property that is disclaimed under this section shall be deemed not to have vested in the Crown under section 324
4: Subsections (3), (5), and (6) of section 269
5: Subject to any order of the court, the Secretary to the Treasury is not entitled to disclaim property unless—
a: the property is disclaimed within 12 months after the vesting of the property in the Crown first comes to the notice of the Secretary; or
b: if any person gives notice in writing to the Secretary requiring the Secretary to elect, before the close of such date as is stated in the notice, not being a date that is less than 60 whichever occurs first.
6: A statement in a notice disclaiming property under this section that the vesting of the property in the Crown first came to the notice of the Secretary to the Treasury on a specified date shall, in the absence of proof to the contrary, be evidence of the fact stated. 1955 No 63 s 338 Section 325(5)(b) amended 1 July 1994 Companies Act 1993 Amendment Act 1994
326: Liability of directors, shareholders, and others to continue
The removal of a company from the New Zealand register does not affect the liability of any former director or shareholder of the company or any other person in respect of any act or omission that took place before the company was removed from the register and that liability continues and may be enforced as if the company had not been removed from the register.
327: Liquidation of company removed from New Zealand register
Section 327 repealed 20 September 2007 section 4 Companies Amendment Act 2007
328: Registrar may restore company to New Zealand register
1: Subject to this section, the Registrar must, on the application of a person referred to in subsection (2), and may, on his or her own motion, restore a company that has been removed from the New Zealand register to the register if he or she is satisfied that, at the time the company was removed from the register,—
a: the grounds for the removal did not exist at the time the company was removed; or
b: the company was a party to legal proceedings; or
c: the company was in receivership, or liquidation, or both.
1A: The Registrar may, on the application of a person referred to in subsection (2), or on his or her own motion, restore a company that has been removed from the register to the register if the Registrar is satisfied that the company was carrying on business at the time of its removal and there is a proper reason for the company to continue in existence.
2: Any person who, at the time the company was removed from the New Zealand register, was—
a: a shareholder or director of the company; or
b: a creditor of the company; or
c: a liquidator, or a receiver of the property, of the company— may make an application under subsection (1).
3: Before the Registrar restores a company to the New Zealand register under this section,—
a: in the case of a company that was removed from the New Zealand register under section 318(1)(aaa), (b), (ba), (bb), (bc), (bd), or (c)
i: the name of the company; and
ii: the name and address of the applicant; and
iii: the section under, and the grounds on which, the application is made or the Registrar proposes to act, as the case may be; and
iv: the date by which an objection to restoring the company to the register must be delivered to the Registrar, not being less than 20 working days after the date of the notice:
b: in the case of a company that was removed from the New Zealand register under paragraph (d) or paragraph (e) of section 318(1)
i: the name of the company; and
ii: the person's name and address; and
iii: the section under, and the grounds on which, the application is made; and
iv: the date by which an objection to restoring the company to the register must be delivered to the Registrar, not being less than 20 working days after the date of the notice.
4: The Registrar must not restore a company to the New Zealand register if the Registrar receives an objection to the restoration within the period stated in the notice.
5: Before the Registrar restores a company to the New Zealand register under this section, the Registrar may require any of the provisions of this Act or any regulations made under this Act, being provisions with which the company had failed to comply before it was removed from the register, to be complied with.
6: The court may, on the application of the Registrar or the applicant, give such directions or make such orders as may be necessary or desirable for the purpose of placing a company that is restored to the New Zealand register under this section and any other persons as nearly as possible in the same position as if the company had not been removed from the register.
7: Nothing in this section limits or affects section 329 Section 328(1)(a) replaced 1 May 2015 section 43(1) Companies Amendment Act 2014 Section 328(1A) inserted 1 May 2015 section 43(2) Companies Amendment Act 2014 Section 328(3) replaced 30 June 1997 section 21 Companies Act 1993 Amendment Act 1997 Section 328(3)(a) amended 1 May 2015 section 43(3) Companies Amendment Act 2014
329: Court may restore company to New Zealand register
1: The court may, on the application of a person referred to in subsection (2), order that a company that has been removed from the New Zealand register be restored to the register if it is satisfied that,—
a: at the time the company was removed from the register,—
i: the company was a proper
ii: the company was a party to legal proceedings; or
iii: the company was in receivership, or liquidation, or both; or
iv: the applicant was a creditor, or a shareholder, or a person who had an undischarged claim against the company; or
v: the applicant believed that a right of action existed, or intended to pursue a right of action, on behalf of the company under Part 9
b: for any other reason it is just and equitable to restore the company to the New Zealand register.
1A: In considering whether to restore a company to the register on the ground referred to in subsection (1)(a)(i) or (b), the court must have regard to the reasons for the company’s removal and whether those grounds existed at the time of removal or exist at the time of the hearing of the application.
2: The following persons may make an application under subsection (1):
a: any person who, at the time the company was removed from the New Zealand register,—
i: was a shareholder or director of the company; or
ii: was a creditor of the company; or
iii: was a party to any legal proceedings against the company; or
iv: had an undischarged claim against the company; or
v: was the liquidator, or a receiver of the property of, the company:
b: the Registrar:
c: with the leave of the court, any other person.
3: Before the court makes an order restoring a company to the New Zealand register under this section, it may require any provisions of this Act or any regulations made under this Act, being provisions with which the company had failed to comply before it was removed from the register, to be complied with.
4: The court may give such directions or make such orders as may be necessary or desirable for the purpose of placing the company and any other persons as nearly as possible in the same position as if the company had not been removed from the New Zealand register. Section 329(1)(a)(i) amended 1 May 2015 section 44(1)(a) Companies Amendment Act 2014 Section 329(1)(a)(i) amended 1 May 2015 section 44(1)(b) Companies Amendment Act 2014 Section 329(1A) inserted 1 May 2015 section 44(2) Companies Amendment Act 2014
330: Restoration to register
1: A company is restored to the New Zealand register when a notice signed by the Registrar stating that the company is restored to the New Zealand register is registered under this Act.
2: A company that is restored to the New Zealand register shall be deemed to have continued in existence as if it had not been removed from the register.
331: Vesting of property in company on restoration to register
1: Subject to this section, property of a company that is, at the time the company is restored to the New Zealand register, vested in the Crown pursuant to section 324
2: Nothing in subsection (1) applies to any property vested in the Crown pursuant to section 324
3: Nothing in subsection (1) applies to land or any estate or interest in land that has vested in the Crown pursuant to section 324 Land Transfer Act 2017
4: Where transmission to the Crown of land or any estate or interest in land that has vested in the Crown pursuant to section 324 Land Transfer Act 2017
a: for the transfer of the land or the estate or interest to the company; or
b: for the payment by the Crown to the company of compensation—
i: of an amount not greater than the value of the land or the estate or interest as at the date of registration of the transmission; or
ii: if the land or the estate or interest has been sold or contracted to be sold, of an amount equal to the net amount received or receivable from the sale.
5: On an application under subsection (4), the court may decide any question concerning the value of the land or the estate or interest.
6: Compensation ordered to be paid under subsection (4) shall be paid out of a Crown Bank Account 1955 No 63 s 337 Section 331(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 331(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 331(6) amended 25 January 2005 section 65R(3) Public Finance Act 1989
18: Overseas companies
332: Meaning of carrying on business
For the purposes of this Part,—
a: a reference to an overseas company carrying on business
i: establishing or using a share transfer office or a share registration office in New Zealand; or
ii: administering, managing, or dealing with property in New Zealand as an agent, or personal representative, or trustee, and whether through its employees or an agent or in any other manner:
b: an overseas company does not carry on business in New Zealand merely because in New Zealand it—
i: is or becomes a party to a legal proceeding or settles a legal proceeding or a claim or dispute; or
ii: holds meetings of its directors or shareholders or carries on other activities concerning its internal affairs; or
iii: maintains a bank account; or
iv: effects a sale of property through an independent contractor; or
v: solicits or procures an order that becomes a binding contract only if the order is accepted outside New Zealand; or
vi: creates evidence of a debt or creates a charge on property; or
vii: secures or collects any of its debts or enforces its rights in relation to securities relating to those debts; or
viii: conducts an isolated transaction that is completed within a period of 31 days, not being one of a number of similar transactions repeated from time to time; or
ix: invests its funds or holds property ; or
x: enters into a contract of insurance as an insurer with a New Zealand policyholder (within the meaning of section 6(1) Corporations Act 1989 s 21(2), (3) (Aust) Section 332(b)(ix) amended 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010 Section 332(b)(x) inserted 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010
332A: Registrar may approve use of different form
1: The Registrar may, on the application of any person, approve the use, by the overseas company or companies that the Registrar may specify, of a form for the purposes of this Part that is different from that prescribed.
2: The Registrar may at any time revoke, in whole or in part, any approval given under subsection (1).
3: An application, notice, or other document given to the Registrar by an overseas company must be treated as having been given in the prescribed form if the Registrar has approved the use of the form by the overseas company under this section. Section 332A inserted 1 September 2007 section 11 Companies Amendment Act (No 2) 2006
333: Name to be reserved before carrying on business
1: An overseas company must not carry on business in New Zealand on or after the commencement of this Act unless the name of the overseas company has been reserved.
2:
3: An overseas company registered under this Part that carries on business in New Zealand must not change its name unless the name has first been reserved.
4: The provisions of sections 20 21 22
5: If an overseas company contravenes this section,—
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(2)
b: every director of the company commits an offence and is liable on conviction to the penalty set out in section 374(2) 1955 No 63 s 396A 1983 No 53 s 23 Section 333(2) repealed 5 December 2013 section 10 Companies Amendment Act 2013
334: Overseas companies to register under this Act
1: An overseas company that, on or after the commencement of this Act, commences to carry on business in New Zealand must apply for registration under this Part in accordance with section 336
2: An overseas company that, immediately before the commencement of this Act, was carrying on business in New Zealand and, on the commencement of this Act, continues to carry on business in New Zealand, must apply for registration under this Part in accordance with section 336
3: An overseas company registered under Part 12 of the Companies Act 1955 Part 12 of the Companies Act 1955
4: An overseas company that is deemed to be registered under this Part must, within 20 working days of the commencement of this Act, deliver to the Registrar for registration, a notice in the prescribed form stating the full address of the principal place of business in New Zealand of the overseas company.
5: An overseas company that changes its name must send or deliver to the Registrar a notice in the prescribed form of the change of name accompanied by the notice reserving the name within 10 working days of the change of name.
6: If an overseas company fails to comply with this section,—
a: the overseas company commits an offence and is liable on conviction to the penalty set out in section 373(2)
b: every director of the overseas company commits an offence and is liable on conviction to the penalty set out in section 374(2)
335: Validity of transactions not affected
A failure by an overseas company to comply with section 333 section 334
336: Application for registration
1: An application for registration of an overseas company under this Part must be delivered to the Registrar and must—
a: be in the prescribed form; and
b: be signed by or on behalf of the overseas company.
2: Without limiting subsection (1), the application must—
a: state the name of the overseas company; and
b: state the full names and residential addresses of the directors of the overseas company at the date of the application; and
c: state the full address of the place of business in New Zealand of the overseas company or, if the overseas company has more than 1 place of business in New Zealand, the full address of the principal place of business in New Zealand of the overseas company; and
d: have attached evidence of incorporation of the overseas company and a copy of the instrument constituting or defining the constitution of the company, and, if not in English, a translation of such documents certified in accordance with regulations made under this Act; and
e: have attached the notice of name approval; and
f: state the full name and address of 1 or more persons resident or incorporated in New Zealand who are authorised to accept service in New Zealand of documents on behalf of the overseas company. 1955 No 63 s 397
337: Registration of overseas company
1: Where the Registrar receives a properly completed application for registration under this Part of an overseas company, the Registrar must forthwith register the application on the overseas register.
2: Where an overseas company is deemed to be registered under this Part by virtue of section 334(3)
3: Where the Registrar receives a notice of a change of name of an overseas company in accordance with section 334(5)
338: Use of name by overseas company
1: Every overseas company that carries on business in New Zealand must ensure that its full name, and the name of the country where it was incorporated, are clearly stated in—
a: written communications
b: documents issued or signed by, or on behalf of, the company that evidence or create a legal obligation of the company.
2: For the purposes of subsection (1), a generally recognised abbreviation of a word or words may be used in the name of an overseas company if it is not misleading to do so. Section 338(1)(a) amended 1 July 1994 Companies Act 1993 Amendment Act 1994
339: Alteration of constitution
1: An overseas company that carries on business in New Zealand must ensure that, within 20 working days of the change or alteration, notice in the prescribed form is given to the Registrar of—
a: an alteration to the instrument constituting or defining the constitution of the overseas company; or
b: a change in the directors or in the names or residential addresses of the directors of the overseas company; or
c: a change in the address of the place of business or principal place of business of the overseas company; or
d: a change in any person or the address of any person authorised to accept service in New Zealand of documents on behalf of the overseas company.
2: If an overseas company fails to comply with subsection (1),—
a: the overseas company commits an offence and is liable on conviction to the penalty set out in section 373(2)
b: every director of the overseas company commits an offence and is liable on conviction to the penalty set out in section 374(2) Section 339(1) replaced 1 July 1994 Companies Act 1993 Amendment Act 1994
339A: Rectification or correction of name or address of person authorised to accept service
1: This section applies if the name or address of a person resident or incorporated in New Zealand who is authorised to accept service in New Zealand of documents on behalf of an overseas company is rectified or corrected under section 360A section 360B
2: The rectification or correction takes effect at the time that the rectification or correction is made to the overseas register. Section 339A inserted 15 April 2004 section 19 Companies Amendment Act (No 2) 2004
340: Annual return of overseas company
1: Every overseas company that carries on business in New Zealand must ensure that the Registrar receives each year, during the month allocated to the overseas company for the purposes of this section, an annual return in the prescribed form confirming that the information on the overseas register in respect of the overseas company referred to in the return is correct at the date of the return.
2: The annual return must be dated as at a day within the month during which the return is required to be received by the Registrar.
3: On registration of an overseas company under this Part, the Registrar must allocate a month to the company for the purposes of this section.
4: The Registrar may, by written notice to an overseas company, alter the month allocated to the company under subsection (3).
5: Notwithstanding subsection (1), an overseas company, not being an overseas company that is deemed to be registered under this Part, need not make an annual return in the calendar year of its registration under this Part.
6: If an overseas company fails to comply with subsection (1) or subsection (2),—
a: the company commits an offence and is liable on conviction to the penalty set out in section 373(2)
b: every director of the overseas company commits an offence and is liable on conviction to the penalty set out in section 374(2)
340A: Financial reporting requirements for large overseas companies
Subpart 2 section 198 Section 340A inserted 1 April 2014 section 38 Financial Reporting (Amendments to Other Enactments) Act 2013
341: Overseas company ceasing to carry on business in New Zealand
1: An overseas company registered under this Part that intends to cease to carry on business in New Zealand must—
a: give public notice of that intention; and
b: not earlier than 3 months after giving notice in accordance with paragraph (a), give notice to the Registrar in the prescribed form stating the date on which it will cease to carry on business in New Zealand.
2: The Registrar must remove an overseas company from the overseas register as soon as practicable after—
a: the date specified in the notice given in accordance with subsection (1)(b); or
b: receipt of a notice given by a liquidator in accordance with the provisions of Schedule 9
3: The Registrar may (in any event) remove an overseas company from the overseas register if satisfied that it has ceased to carry on business in New Zealand.
4: Before an overseas company can be removed from the overseas register under subsection (3), the Registrar must—
a: give notice to the overseas company—
i: that the Registrar intends to remove the overseas company from the overseas register under subsection (3); and
ii: that the overseas company may, within 20 working days after the date of the notice, deliver to the Registrar an objection to its removal on the ground that it is still carrying on business in New Zealand; and
b: give public notice—
i: that the Registrar intends to remove the overseas company from the overseas register under subsection (3); and
ii: that any person may, within 20 working days after the date of the public notice, deliver to the Registrar an objection to the overseas company’s removal on the ground that the overseas company is still carrying on business in New Zealand.
5: Subsection (4) does not apply if the Registrar is satisfied that the overseas company has been dissolved, or has otherwise ceased to exist as a company, under or by virtue of the laws of any other country.
6: If any person objects to the removal of the overseas company as referred to in subsection (4)(a)(ii) or (b)(ii), the Registrar must not proceed with the removal unless the Registrar is satisfied that—
a: the objection has been withdrawn; or
b: the facts on which the objection is based are not, or are no longer, correct; or
c: the objection is frivolous or vexatious. 1955 No 63 s 405 Section 341(2) replaced 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 341(3) inserted 30 May 2017 section 32 Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 341(4) inserted 30 May 2017 section 32 Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 341(5) inserted 30 May 2017 section 32 Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 341(6) inserted 30 May 2017 section 32 Regulatory Systems (Commercial Matters) Amendment Act 2017
342: Liquidation of
overseas company
1: An application may be made to the court for the liquidation of Part 16 Schedule 9
2: An application may be made under subsection (1) whether or not the overseas company—
a: is registered under this Part; or
b: has given public notice of an intention to cease to carry on business in New Zealand in accordance with section 341(1)(a)
c: has given notice to the Registrar of the date on which it will cease to carry on business in New Zealand in accordance with section 341(1)(b)
ca: has objected as referred to in section 341(4)(a)(ii)
d: has been dissolved, or otherwise ceased to exist as a company, under or by virtue of the laws of any other country.
3: An application may be made under subsection (1) whether or not the Registrar has acted under section 341(3) to (6) Section 342 heading amended 24 July 2008 section 13 Insolvency (Cross-border) Act 2006 Section 342(1) amended 24 July 2008 section 13 Insolvency (Cross-border) Act 2006 Section 342(2)(ca) inserted 30 May 2017 section 33(1) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 342(3) inserted 30 May 2017 section 33(2) Regulatory Systems (Commercial Matters) Amendment Act 2017
343: Attorneys of overseas companies
1: Sections 19 to 21
2: A declaration endorsed on or annexed to an instrument appointing, or appearing to appoint, an attorney of an overseas company, made or appearing to be made by one of the directors before a person authorised by section 11
a: the company is incorporated under the name stated in the instrument in accordance with the law of the country in which it is so incorporated, the name of which is stated in the declaration; and
b: the instrument has been executed, and the powers appearing to be conferred on the attorney are authorised to be conferred under the constitution of the company, or under the Act or instrument under which the company is incorporated, or by any other instrument constituting or defining the constitution of the company; and
c: the person making the declaration is a director of the company— is conclusive evidence of those facts. Section 343(1) replaced 1 January 2008 section 364(1) Property Law Act 2007
343A: Overseas company not required to provide information, notice, or document in certain circumstances
An overseas company is not required to give information, notice of information, or a copy of a document to the Registrar under this Part if—
a: the overseas company is incorporated in a prescribed country, State, or territory outside New Zealand; and
b: the information or a copy of the document has been given to, or is held by, a body or person in that country, State, or territory whose functions correspond to those of the Registrar; and
c: the information or document is of a class that is prescribed for the purposes of this section. Section 343A inserted 1 September 2007 section 12 Companies Amendment Act (No 2) 2006
19: Transfer of registration
Registration of overseas companies as companies under this Act
344: Overseas companies may be registered as companies under this Act
Subject to this Part, an overseas company may be registered as a company under this Act.
345: Application for registration
1: An application by an overseas company to register as a company under this Act must be in the prescribed form and must be accompanied by—
a: a certified copy of its certificate of incorporation or other similar document that evidences its incorporation; and
b: a certified copy of the documents defining its constitution; and
c: evidence acceptable to the Registrar that the company is not prevented from being registered as a company under this Act by either section 346 section 347
d: the documents and information that are required to register a company under Part 2
e: any other documents and information the Registrar may require.
2: The Registrar may direct that a document that has been delivered to the Registrar or registered under Part 18
346: Overseas companies must be authorised to register
An overseas company must not be registered as a company under this Act unless—
a: the company is authorised to transfer its incorporation under the law of the country in which it is incorporated; and
b: the company has complied with the requirements of that law in relation to the transfer of its incorporation; and
c: if that law does not require its shareholders, or a specified proportion of them, to consent to the transfer of its incorporation, the transfer has been consented to by not less than 75% of its shareholders entitled to vote and voting in person or by proxy at a meeting of which not less than 21 days notice is given specifying the intention to transfer the company's incorporation. Corporations Act 1989 s 135 (Aust)
347: Overseas companies that cannot be registered
1: An overseas company must not be registered as a company under this Act if—
a: the company is in liquidation; or
b: a receiver or manager has been appointed, whether by a court or not, in relation to the property of the company; or
c: the company has entered into a compromise or arrangement with a creditor that is in force; or
d: an application has been made to a court, whether in New Zealand or in another country,—
i: to put the company into liquidation or wind it up; or
ii: for the approval of a compromise or arrangement between the company and a creditor— and has not been dealt with.
2: An overseas company must not be registered as a company under this Act unless the overseas company would, immediately after becoming registered under this Act, satisfy the solvency test. Corporations Act 1989 s 134 (Aust)
348: Registration
1: As soon as the Registrar receives a properly completed application for registration of an overseas company as a company under this Act, the Registrar must—
a: enter on the New Zealand register the particulars of the company required under section 360
b: issue a certificate of registration in the prescribed form.
2: A certificate of registration of a company issued under this section is conclusive evidence that—
a: all the requirements of this Act as to registration have been complied with; and
b: on and from the date of registration stated in the certificate, the company is registered under this Act.
349: Effect of registration
1: The registration of an overseas company under this Act does not—
a: create a new legal entity; or
b: prejudice or affect the identity of the body corporate constituted by the company or its continuity as a legal entity; or
c: affect the property, rights or obligations of the company; or
d: affect proceedings by or against the company.
2: Proceedings that could have been commenced or continued by or against the overseas company before registration under this Act may be commenced or continued by or against the company after registration. Transfer of registration of companies to other jurisdictions
350: Companies may transfer incorporation
Subject to this Part, a company may be removed from the New Zealand register in connection with becoming incorporated under the law in force in, or in any part of, another country.
351: Application to transfer incorporation
An application by a company for removal from the New Zealand register in connection with becoming incorporated under the law in force in, or in any part of, another country must be in the prescribed form and must be accompanied by—
a: evidence acceptable to the Registrar that sections 352 353
b: evidence acceptable to the Registrar that the removal of the company from the New Zealand register is not prevented by section 354
c: written notice from the Commissioner of Inland Revenue that the Commissioner has no objection to the company being removed from the New Zealand register; and
d: evidence acceptable to the Registrar that the company is incorporated under that law; and
e: any other documents or information the Registrar may require.
352: Approval of shareholders
A company must not apply to be removed from the New Zealand register under section 351
353: Company to give public notice
A company must not apply to be removed from the New Zealand register under section 351
a: the company gives public notice—
i: stating that it intends, after the date specified in the notice, which must not be less than 20 working days after the date of the notice, to apply under section 351
ii: specifying the country or part of the country under the law of which it is proposed that the company will become incorporated; and
b: the application is made after that date.
354: Companies that cannot transfer incorporation
1: A company must not be removed from the New Zealand register under section 355
a: the company is in liquidation or an application has been made to the court under section 241
b: a receiver or manager has been appointed, whether by a court or not, in relation to the property of the company; or
c: the company has entered into a compromise with creditors or a class of creditors under Part 14
d: a compromise has been approved by the court under Part 15
2: A company must not be removed from the New Zealand register under section 355
355: Removal from register
1: As soon as the Registrar receives a properly completed application under section 351
2: A company is removed from the New Zealand register when a notice signed by the Registrar stating that the company is removed from the New Zealand register is registered under this Act.
356: Effect of removal from register
1: The removal of a company from the New Zealand register under section 355
a: prejudice or affect the identity of the body corporate that was constituted under this Act or its continuity as a legal person; or
b: affect the property, rights, or obligations of that body corporate; or
c: affect proceedings by or against that body corporate.
2: Proceedings that could have been commenced or continued by or against a company before the company was removed from the New Zealand register under section 355
20: Registrar of Companies
357: Registrar and Deputy Registrars of Companies
1: There must be—
a: a Registrar of Companies; and
b: as many Deputy Registrars of Companies as may be necessary for the purposes of this Act , the Insolvency Practitioners Regulation Act 2019 and the Limited Partnerships Act 2008 each of whom must be appointed under the Public Service Act 2020
2: Subject to the control of the Registrar a Deputy Registrar has and may exercise the powers, duties and functions of the Registrar under this Act , the Insolvency Practitioners Regulation Act 2019 Financial Reporting Act 2013 and the Limited Partnerships Act 2008
3: The fact that a Deputy Registrar exercises those powers, duties, or functions is conclusive evidence of the authority to do so.
4: The person holding office as Registrar of Companies under the Companies Act 1955 Section 357(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 357(1)(b) amended 1 September 2020 section 54(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 357(1)(b) amended 2 May 2008 section 119(1) Limited Partnerships Act 2008 Section 357(2) amended 1 September 2020 section 54(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 357(2) amended 1 July 2015 section 17 Financial Reporting Amendment Act 2014 Section 357(2) amended 2 May 2008 section 119(2) Limited Partnerships Act 2008
358: District and Assistant Registrars of Companies
1: As many District Registrars of Companies and Assistant Registrars of Companies as may be necessary for the purposes of this Act must be appointed under the Public Service Act 2020
2: Subject to the control of the Registrar and of a Deputy Registrar, a District Registrar has and may exercise the powers, duties, and functions of the Registrar.
3: Subject to the control of the Registrar, a Deputy Registrar, and a District Registrar, an Assistant Registrar has and may exercise all the powers, duties, and functions of the Registrar.
4: The fact that a District Registrar or an Assistant Registrar exercises those powers, duties, or functions is conclusive evidence of the authority to do so.
5: Every person holding office as a District Registrar of Companies or an Assistant Registrar of Companies under the Companies Act 1955 Section 358(1) amended 7 August 2020 section 135 Public Service Act 2020
359: Responsible District Registrar
Where, pursuant to this Act or any regulations under this Act, any action is required to be taken by, or anything is required to be done to, the Registrar, in relation to a company or an overseas company, that action shall be taken by, or that thing shall be done to, the District Registrar in whose office the records relating to that company or overseas company are kept or an Assistant Registrar in that office.
360: Registers
1: The Registrar must ensure that—
a: a register of companies registered under Part 2 Companies Reregistration Act 1993
b: a register of overseas companies registered or deemed to be registered under Part 18 is kept in New Zealand.
2:
3:
4: The New Zealand register and the overseas register may be kept in such manner as the Registrar thinks fit including, either wholly or partly, by means of a device or facility—
a: that records or stores information electronically or by other means; and
b: that permits the information so recorded or stored to be readily inspected or reproduced in usable form. Section 360(2) repealed 25 February 2012 section 5 Companies Amendment Act 2012 Section 360(3) repealed 25 February 2012 section 5 Companies Amendment Act 2012
360A: Rectification or correction of New Zealand register and overseas register
1: The Registrar may,—
a: on the application of any person, rectify the New Zealand register or the overseas register if the Registrar is satisfied that any information has been wrongly entered in, or omitted from, the New Zealand register or the overseas register; or
b: if it appears to the Registrar that any particulars have been incorrectly entered in the New Zealand register or the overseas register
2: Unless the rectification or correction relates solely to the person who provided it, the Registrar, before rectifying the register under subsection (1)(a), must
a: give written notice to the company or overseas company that an application has been made to rectify the New Zealand register or the overseas register in relation to that company or overseas company (including details of that application); and
b: give public notice setting out—
i: the name of the applicant; and
ii: the name of the company or overseas company; and
iii: the reasons for and details of the changes sought to be made to the New Zealand register or the overseas register; and
iv: the date by which a written objection to the proposed rectification must be delivered to the Registrar, being a date not less than 20 working days after the date of the notice.
3: Any person may deliver to the Registrar, not later than the date specified in accordance with subsection (2)(b)(iv), a written objection to a proposed rectification of the New Zealand register or the overseas register, and the Registrar must give a copy of the objection to the applicant.
4: The Registrar must not rectify the New Zealand register or the overseas register if the Registrar receives a written objection to the proposed rectification by the date specified unless the Registrar is satisfied that the objection has been withdrawn. Section 360A inserted 15 April 2004 section 20 Companies Amendment Act (No 2) 2004 Section 360A(1)(b) amended 1 May 2015 section 45(1) Companies Amendment Act 2014 Section 360A(2) amended 1 May 2015 section 45(2) Companies Amendment Act 2014
360B: Powers of court
1: If an objection to a proposed rectification is received by the Registrar under section 360A(3)
2: If an application for an order is made under subsection (1),—
a: the applicant must, as soon as practicable, serve notice of the application on the Registrar; and
b: the Registrar may appear and be heard in relation to the application.
3: On an application for an order under subsection (1), the court may, if it is satisfied that any information has been wrongly entered in, or omitted from, the New Zealand register or the overseas register, make an order that the New Zealand register or the overseas register be rectified. Section 360B inserted 15 April 2004 section 20 Companies Amendment Act (No 2) 2004
360C: Alteration of entries on New Zealand register and overseas register without application
1: This section applies if —
a: a company has provided information about the company to the Registrar in addition to the information the company is compelled to provide under this Act or regulations made under it (regardless of whether the information was provided before or after the commencement of this section or is visible to the public on the New Zealand register); and
b: that information is updated in the New Zealand Business Number Register.
2: The Registrar may update the information provided and, if applicable, the New Zealand register, so that the information is consistent with the information in the New Zealand Business Number Register. Section 360C inserted 13 May 2016 section 41 New Zealand Business Number Act 2016
361: Registrar may direct transfer
Section 361 repealed 25 February 2012 section 6 Companies Amendment Act 2012
362: Registration of documents
1: On receipt of a document for registration under this Act, the Registrar must,—
a: subject to subsection (2), register the document in the New Zealand register or the overseas register, as the case may be; and
b: in the case of a document that is not an annual return, give
2: If a document received by the Registrar for registration under this Act—
a: is not in the prescribed form, if any; or
b: does not comply with this Act or regulations made under this Act; or
ba: is involved in a requirement made under section 365(1)(caaa) or (c) 365F 365G
c: is not printed or typewritten; or
d: where the New Zealand register or the overseas register is kept wholly or partly by means of a device or facility referred to in section 360(4)
e: has not been properly completed; or
f: contains material that is not clearly legible,— the Registrar may refuse to register the document, and in that event, must request either—
g: that the document be appropriately amended or completed and submitted for registration again; or
h: that a fresh document be submitted in its place.
3: For the purposes of this Act, a document is registered when—
a: the document itself is constituted part of the New Zealand register or the overseas register; or
b: particulars of the document are entered in any device or facility referred to in section 360(4)
4: Neither registration, nor refusal of registration, of a document by the Registrar affects, or creates a presumption as to, the validity or invalidity of the document or the correctness or otherwise of the information contained in it. Section 362(1)(b) amended 30 June 1997 section 22 Companies Act 1993 Amendment Act 1997 Section 362(2)(ba) inserted 1 May 2015 section 46 Companies Amendment Act 2014
363: Inspection and evidence of registers
1: A person may, on payment of any fees that are prescribed, inspect—
a: any document that constitutes part of the New Zealand register or the overseas register:
b: particulars of any registered document that have been entered on any device or facility referred to in section 360(4)
c: any registered document particulars of which have been entered in any such device or facility— during the hours when the office of the District Registrar is open to the public for the transaction of business on a working day.
2: A person may, on payment of any fees that are prescribed, require the Registrar to give or certify—
a: a certificate of incorporation of a company; or
b: a certificate of reregistration of a company under this Act in accordance with the Companies Reregistration Act 1993
c: a copy of, or extract from, a document that constitutes part of the New Zealand register or the overseas register; or
d: particulars of any registered document that have been entered in any device or facility referred to in section 360(4)
e: a copy of, or extract from, a registered document particulars of which have been entered in any such device or facility.
3: A process to compel the production of—
a: a registered document kept by the Registrar; or
b: evidence of the entry of particulars of a registered document in any device or facility referred to in section 360(4) must not issue from the court without the leave of the court and, if it does, it must have a statement attached to it that it is issued with the leave of the court.
4: A copy of, or extract from, a registered document—
a: that constitutes part of the New Zealand register or the overseas register; or
b: particulars of which have been entered in any device or facility referred to in section 360(4) certified to be a true copy or extract by the Registrar is admissible in evidence in legal proceedings to the same extent as the original document.
5: An extract certified by the Registrar as containing particulars of a registered document that have been entered in any device or facility referred to in section 360(4)
6: This section is subject to section 367A 1955 No 63 s 9 Section 363(6) inserted 1 May 2015 section 17 Companies Amendment Act 2014
364: Notice by Registrar
1: A notice that the Registrar is required by this Act to give to a natural person, must be given in writing and in a manner that the Registrar considers appropriate in the circumstances.
2: Without limiting subsection (1), the Registrar may give notice in writing to a natural person by—
a: having it delivered to that person; or
b: posting it, or delivering it by courier, to that person at his or her last known address, or delivering it to a document exchange which that person is using at the time; or
c: sending it by facsimile machine to a telephone number used by that person for transmission of documents by facsimile; or
d: having it published in a newspaper or other publication in circulation in the area where that person lives or is believed to live.
3: Section 392
4: A document that—
a: appears to be a copy of a notice given by the Registrar; and
b: is certified by the Registrar, or by a person authorised by the Registrar, as having been derived from a device or facility that records or stores information electronically or by other means— is admissible in legal proceedings as a copy of the notice.
365: Registrar's powers of inspection
1: The Registrar or a person authorised by the Registrar may,—
a: for the purpose of—
iaa: ascertaining whether information provided to the Registrar is correct; or
i: ascertaining whether a company or a director of a company is complying, or has complied, with this Act
ii: ascertaining whether the Registrar should exercise any of his or her rights or powers under this Act
iii: detecting offences against this Act
b: if, in the Registrar's opinion, it is in the public interest to do so,— do any of the following:
caaa: require a person, in relation to information provided to the Registrar, to—
i: confirm that the information is correct; or
ii: correct the information; or
c: require a person, including a person carrying on the business of banking, to produce for inspection relevant documents within that person's possession or control; or
d: inspect and take copies of relevant documents; or
e: take possession of relevant documents and remove them from the place where they are kept, and retain them for a reasonable time, for the purpose of taking copies; or
f: retain relevant documents for a period which is, in all the circumstances reasonable, if there are reasonable grounds for believing that they are evidence of the commission of an offence.
1A: When exercising the powers described in subsection (1)(caaa) or (c), the Registrar may specify—
a: a particular form in which the confirmation or correction must be provided; and
b: a date by which the confirmation or correction must be provided; and
c: whether the confirmation or correction must be verified by the production of original documents or certified copies of original documents or by a statutory declaration.
2: Nothing in this section limits or affects the Tax Administration Act 1994 Data and Statistics Act 2022
3: The Registrar or a person authorised by the Registrar must consult with the Reserve Bank of New Zealand before exercising any of the powers conferred by subsection (1) if the purpose of exercising the power relates to a company that is a registered bank (within the meaning of section 2 Banking (Prudential Supervision) Act 1989
4: A person must not obstruct or hinder the Registrar or a person authorised by the Registrar while exercising a power conferred by subsection (1).
5: Any person who—
a: fails to comply with a requirement under subsection (1)(caaa) or (c)
b: acts in contravention of subsection (4) commits an offence and is liable on conviction to the penalty set out in section 373(2)
6: In this section,— company relevant document
a: the company; or
b: money or other property that is, or has been, managed, supervised, controlled or held in trust by or for the company. 1955 No 63 s 9A 1983 No 53 s 3 Section 365(1)(a)(iaa) inserted 1 May 2015 section 47(1) Companies Amendment Act 2014 Section 365(1)(a)(i) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 365(1)(a)(ii) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 365(1)(a)(iii) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 365(1)(caaa) inserted 1 May 2015 section 47(2) Companies Amendment Act 2014 Section 365(1A) inserted 1 May 2015 section 47(3) Companies Amendment Act 2014 Section 365(2) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 365(2) amended 1 April 1995 Income Tax Act 1994 Section 365(3) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 365(5)(a) amended 1 May 2015 section 47(4) Companies Amendment Act 2014 Section 365(5)(b) amended 1 July 1994 Companies Act 1993 Amendment Act 1994 Registrar's powers to identify controllers of company Heading inserted 1 May 2015 section 48 Companies Amendment Act 2014
365A: Purpose of sections 365B to 365H
1: The purpose of sections 365B to 365H
2: In this section,— FATF FATF Recommendations Section 365A inserted 1 May 2015 section 48 Companies Amendment Act 2014
365B: Control interests in shares (basic rule)
1: In sections 365D to 365F control interest
a: is a shareholder; or
b: is a beneficial owner of the share; or
c: has the power to exercise, or to control the exercise of, a right to vote attached to the share; or
d: has the power to acquire or dispose of, or to control the acquisition or disposal of, the share.
2: Subsection (1) applies regardless of whether the power or control is express or implied, direct or indirect, legally enforceable or not, related to a particular share or not, exercisable presently or in the future, or exercisable alone or jointly with another person or persons (but a power to cast merely 1 of many votes is not, in itself, a joint power of this kind).
3: Subsection (1) applies regardless of whether or not the power or control is or can be made subject to restraint or restriction or is exercisable only on the fulfilment of a condition.
4: If 2 or more persons can jointly exercise a power, each of those persons is taken to have that power. 1988 No 234 s 5 Section 365B inserted 1 May 2015 section 48 Companies Amendment Act 2014
365C: Extension of basic rule to powers or controls exercisable through trust, agreement, etc
1: A person has a power or control referred to in section 365B
2: Subsection (1) applies regardless of whether or not the trust or agreement is legally enforceable or whether or not the person is a party to it. 1988 No 234 s 5A Section 365C inserted 1 May 2015 section 48 Companies Amendment Act 2014
365D: Extension of basic rule to interests held by other persons under control or acting jointly
1: A person ( A B
a: B or B's directors are accustomed or under an obligation (whether legally enforceable or not) to act in accordance with A's directions, instructions, or wishes in relation to a power or control referred to in section 365B
b: A has the power to exercise, or control the exercise of, 20% or more of the votes that may be cast at a meeting of shareholders of B; or
c: A has the power to acquire or dispose of, or to control the acquisition or disposal of, shares that have 20% or more of votes that may be cast at a meeting of shareholders of B; or
d: A and B are related bodies corporate; or
e: A and B have an agreement, arrangement, or understanding to act in concert in relation to a power or control referred to in section 365B
2: For the purposes of subsection (1),— share
a: a share in a company:
b: a share in an industrial and provident society:
c: a share in a building society:
d: a partnership interest in a partnership shareholder
3: For the purposes of subsection (1)(a), director
a: in relation to a company, any person occupying the position of a director of the company by whatever name called:
b: in relation to a partnership (other than a limited partnership), any partner:
c: in relation to a limited partnership, any general partner:
d: in relation to a body corporate or unincorporate other than a company, partnership, or limited partnership, any person occupying a position in the body that is comparable with that of a director of a company.
4: For the purposes of subsection (1)(d), a body corporate ( A related B
a: B is A's holding company or subsidiary; or
b: more than half of A's issued shares (other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital) are held by B and bodies corporate that are related to B (whether directly or indirectly, but other than in a fiduciary capacity), or vice versa; or
c: more than half of the issued shares (other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital) of each of A and B are held by members of the other (whether directly or indirectly, but other than in a fiduciary capacity); or
d: the businesses of A and B have been so carried on that the separate business of each body corporate, or a substantial part of that business, is not readily identifiable; or
e: there is another body corporate to which A and B are both related. 1988 No 234 s 5B(1) Section 365D inserted 1 May 2015 section 48 Companies Amendment Act 2014
365E: Situations not giving rise to control interests
A person ( A section 365B
a: the ordinary business of A consists of, or includes, the lending of money or the provision of financial services, or both, and A has the control interest only as security given for the purposes of a transaction entered into in the ordinary course of the business of A; or
b: A is authorised to undertake trading activities on a licensed market and A acts for another person to acquire or dispose of the share on behalf of that person in the ordinary course of A's business of carrying out those trading activities; or
c: A has been authorised by resolution of the directors of a company to act as its representative at a particular meeting of shareholders, or of a class of shareholders, of the company, and a copy of the resolution is deposited with the company before the meeting; or
d: A is appointed as a proxy to vote at a particular meeting of shareholders, or of a class of shareholders, of a company and the instrument of A's appointment is deposited with the company before the meeting; or
e: A is a shareholder of a company and the company's constitution gives the shareholder pre-emptive rights on the transfer of the shares, if all shareholders have pre-emptive rights on the same terms. 1988 No 234 s 6 Section 365E inserted 1 May 2015 section 48 Companies Amendment Act 2014
365F: Registrar may require persons to disclose control interests and powers to get control interests
1: The Registrar (or a person authorised by the Registrar) may, by notice given after having regard to the purpose in section 365A
a: control interests that the specified person has in shares of a company and of the circumstances that give rise to those interests; or
b: powers that the specified person has or may at any time have to acquire a control interest in shares of a company and of the circumstances that give rise to that interest; or
c: control interests that any other person (whom the specified person must identify by name and with current contact details) has in shares of a company and of the circumstances that give rise to the other person's interests.
2: However, a matter referred to in subsection (1)(c) need only be disclosed to the extent to which it is known to the specified person required to make the disclosure.
3: Subsection (1) applies regardless of whether the shares referred to in subsection (1) have voting rights or not or are issued or yet to be issued.
4: Sections 365B to 365E
5: The person must disclose the information required under subsection (1) in accordance with any specifications under section 365H
6: For the purposes of this section, specified person
a: a shareholder in the company:
b: a director of the company:
c: a person named in a previous disclosure under subsection (5) as having a control interest in shares of the company.
7: If a person fails to comply with subsection (5), he or she commits an offence and is liable on conviction to the penalty set out in section 373(2) 1988 No 234 ss 34 35 Section 365F inserted 1 May 2015 section 48 Companies Amendment Act 2014
365G: Registrar may require disclosure about controllers or delegates of directors
1: The Registrar (or a person authorised by the Registrar) may, by notice given after having regard to the purpose in section 365A
2: However, the following types of control information need only be disclosed to the extent to which they are known to the specified person:
a: directions or instructions given to any other person:
b: directions or instructions—
i: given to the board that were not provided to the specified person; or
ii: given to the board when the specified person was not a director.
3: A specified person must disclose the information required under subsection (1) in accordance with any specifications under section 365H
4: If a specified person fails to comply with subsection (3), he or she commits an offence and is liable on conviction to the penalty set out in section 374(2)
5: For the purposes of this section,— control information
a: any directions or instructions relating to the management and administration of the company given to a specified person ( A B
b: any delegation of powers relating to the management and administration of the company by a specified person to another person specified person
a: a director of the company:
b: a person named in a previous disclosure under subsection (3) concerning that company. Section 365G inserted 1 May 2015 section 48 Companies Amendment Act 2014
365H: Registrar may specify deadlines, form, and verification for information required under section 365F or 365G
When exercising a power described in section 365F 365G
a: a particular form in which the information must be provided; and
b: a date by which the information must be provided; and
c: whether the information must be verified by the production of original documents or certified copies of original documents or by a statutory declaration. Section 365H inserted 1 May 2015 section 48 Companies Amendment Act 2014 Other matters relating to Registrar's powers Heading inserted 1 May 2015 section 48 Companies Amendment Act 2014
366: Disclosure of information and reports
1: A person authorised by the Registrar for the purposes section 365 , 365F 365G 365H
a: obtained a document or information in the course of making an inspection under that section; or
b: prepared a report in relation to an inspection under that section— must, if directed to do so by the Registrar, give the document, information, or report to—
c: the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act; or
d: 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; or
e: any person authorised by the Registrar to receive the document, information, or report for the purposes of this Act or in connection with the exercise of powers conferred by this Act; or
f: a liquidator for the purposes of the liquidation of a company; or
g: except in the case of an authorisation under section 365F 365G 365H
1A: The Registrar or any person authorised by the Registrar may give information disclosed to the Registrar under section 365F 365G
1B: For the purposes of subsection (1A),— government agency
a: the Crown Law Office:
b: the Department of Internal Affairs:
c: the Financial Markets Authority:
d: the Government Communications Security Bureau:
e: the Inland Revenue Department:
f: the Ministry of Business, Innovation and Employment:
fa: the Ministry of Foreign Affairs and Trade:
g: the Ministry of Justice:
h: the New Zealand Customs Service:
i: the New Zealand Security Intelligence Service:
j: the New Zealand Police:
k: the Reserve Bank of New Zealand:
l: the Serious Fraud Office:
m: any international counterpart of the entities in paragraphs (a) to (l) law enforcement purposes
a: the administration of this Act and the Anti-Money Laundering and Countering Financing of Terrorism Act 2009
b: the detection, investigation, and prosecution of—
i: any offence under this Act; or
ii: any offence under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009
iii: a money laundering offence (within the meaning of section 5
iv: any offence under section 143B
v: any offence that is punishable by imprisonment for a term of 5 years or more and includes any act, wherever committed, that if committed in New Zealand would constitute an offence punishable by imprisonment for a term of 5 years or more:
c: the enforcement of the Proceeds of Crime Act 1991 Criminal Proceeds (Recovery) Act 2009
d: the enforcement of the Misuse of Drugs Act 1975
e: the enforcement of the Terrorism Suppression Act 2002
ea: the enforcement of the Russia Sanctions Act 2022
f: the administration of the Mutual Assistance in Criminal Matters Act 1992
g: the performance by the New Zealand Security Intelligence Service or the Government Communications Security Bureau of its function under section 10 11
h: any action referred to in paragraphs (a) to (g) taken in respect of legislation of an overseas jurisdiction that is broadly equivalent to the enactments listed in those paragraphs.
2: A person authorised by the Registrar for the purposes of section 365 , 365F 365G 365H
a: obtained a document or information in the course of making an inspection under that section; or
b: prepared a report in relation to an inspection under that section— must give the document, information, or report to the Registrar, a Deputy Registrar, a District Registrar, or an Assistant Registrar when directed to do so by any person holding any of those offices.
3: A person authorised by the Registrar for the purposes of section 365 , 365F 365G 365H
a: obtained a document or information in the course of making an inspection under that section; or
b: prepared a report in relation to an inspection under that section— must not disclose that document, information, or report except—
c: in accordance with subsection (1), (1A), (1B), or (2)
d: subject to the approval of the Registrar, with the consent of the person to whom it relates; or
e: subject to the approval of the Registrar, for the purposes of this Act or in connection with the exercise of powers conferred by this Act; or
f: to the extent that the information, or information contained in the document or report, is available under any Act or in a public document; or
g: subject to the approval of the Registrar, to a liquidator for the purposes of the liquidation of a company or the assets of an overseas company; or
h: in the course of criminal proceedings; or
i: subject to the approval of the Registrar, for the purpose of detecting offences against any Act.
4: A person who fails to comply with this section commits an offence and is liable on conviction to the penalty set out in section 373(2) Section 366(1) amended 1 May 2015 section 49(1)(a) Companies Amendment Act 2014 Section 366(1) amended 1 May 2015 section 49(1)(b) Companies Amendment Act 2014 Section 366(1)(c) replaced 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 366(1)(d) replaced 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 366(1)(g) amended 1 May 2015 section 49(2) Companies Amendment Act 2014 Section 366(1A) inserted 1 May 2015 section 49(3) Companies Amendment Act 2014 Section 366(1B) inserted 1 May 2015 section 49(3) Companies Amendment Act 2014 Section 366(1B) government agency inserted 12 March 2022 section 34(2) Russia Sanctions Act 2022 Section 366(1B) law enforcement purposes replaced 7 November 2015 section 5 Companies Amendment Act 2015 Section 366(1B) law enforcement purposes inserted 12 March 2022 section 34(3) Russia Sanctions Act 2022 Section 366(1B) law enforcement purposes replaced 28 September 2017 section 335 Intelligence and Security Act 2017 Section 366(2) amended 1 May 2015 section 49(4) Companies Amendment Act 2014 Section 366(3) amended 1 May 2015 section 49(4) Companies Amendment Act 2014 Section 366(3)(c) amended 1 May 2015 section 49(5) Companies Amendment Act 2014
366A: Registrar's powers to insert note of warning in register
1: The Registrar may, if the Registrar thinks it is appropriate, insert a note of warning in the register in relation to a company in any of the following circumstances:
a: information or documents relating to the company are subject to a requirement made under section 365(1)(caaa) or (c) 365F 365G 365H
b: any of the grounds described in section 318(1)(aaa) or (b) to (f)
2: If the Registrar has inserted a note of warning in relation to a company ( company A Section 366A inserted 1 May 2015 section 50 Companies Amendment Act 2014
366B: Registrar must remove note of warning
The Registrar must remove a note of warning inserted under section 366A Section 366B inserted 1 May 2015 section 50 Companies Amendment Act 2014
367: Application of Official Information Act 1982 and Privacy Act 1993
Section 367 repealed 13 January 2020 section 7 Regulatory Systems (Economic Development) Amendment Act 2019
367A: Confidentiality of director information
1: The Registrar must treat director information as confidential and must not make it available to a member of the public.
2: The Official Information Act 1982
3: In this section, director information 2008 No 1 s 115 Section 367A inserted 1 May 2015 section 18 Companies Amendment Act 2014
368: Appeals from decisions under section 367
Section 368 repealed 13 January 2020 section 8 Regulatory Systems (Economic Development) Amendment Act 2019
369: Inspector's report admissible in liquidation proceedings
Notwithstanding any other Act or rule of law, a report prepared by a person in relation to an inspection carried out by him or her under section 365 , or in relation to a disclosure under section 365F 365G 365H Section 369 amended 1 May 2015 section 51 Companies Amendment Act 2014
370: Appeals from Registrar's decisions
1: A person who is aggrieved by an act or decision of the Registrar under this Act may appeal to the court within 15 working days after the date of notification of the act or decision, or within such further time as the court may allow.
2: On hearing the appeal, the court may approve the Registrar's act or decision or may give such directions or make such determination in the matter as the court thinks fit. 1955 No 63 s 9B(1), (2) 1973 No 13 s 5
371: Exercise of powers under section 365
, 365F, 365G, or 365H
1: Subject to subsection (2), but notwithstanding any other provision of any Act or any rule of law, where a person appeals or applies to the court in relation to an act or decision of the Registrar or a person authorised by the Registrar under section 365 , 365F 365G 365H
a: the Registrar, or that person, may continue to exercise the powers under that section as if no such appeal or application had been made; and
b: no person is excused from fulfilling an obligation under that section by reason of that appeal or application.
2: If the appeal or application is allowed or granted, as the case may be,—
a: the Registrar must ensure that, forthwith after the decision of the court is given, any copy of a document taken or retained by the Registrar, or by a person authorised by the Registrar in respect of that act or decision, is destroyed; and
b: no information acquired under that section in relation to that act or decision is admissible in evidence in any proceedings unless the court hearing the proceedings in which it is sought to adduce the evidence is satisfied it was not obtained unfairly. 1955 No 63 s 9B(4) 1973 No 13 s 5 1977 No 94 s 3 Section 371 heading amended 1 May 2015 section 52(1) Companies Amendment Act 2014 Section 371(1) amended 1 May 2015 section 52(2) Companies Amendment Act 2014
371A: Sharing of information with Financial Markets Authority
1: The Registrar may provide to the FMA any information, or a copy of any document, that the Registrar—
a: holds in relation to the exercise or performance of the Registrar's functions, powers, or duties; and
b: considers may assist the FMA in the exercise or performance of the FMA's functions, powers, or duties under this Act or any other enactment.
2: The Registrar may use any information, or a copy of any document, provided to him or her by the FMA under section 30
3: In this section, Registrar's functions, powers, or duties Financial Service Providers (Registration and Dispute Resolution) Act 2008 Financial Markets Conduct Act 2013
4: This section applies despite anything to the contrary in any contract, deed, or document.
5: Nothing in this section limits the Privacy Act 2020 Section 371A inserted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 371A(3) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 371A(5) amended 1 December 2020 section 217 Privacy Act 2020
372: Fees
1: The Governor-General may from time to time, by Order in Council, make regulations prescribing—
a: fees or other amounts payable to the Registrar in respect of the performance or exercise of the Registrar’s functions, powers, and duties under this Act
b: amounts payable to the Registrar by way of penalty for failure to deliver a document to the Registrar within the time prescribed by this Act:
c: fees or other amounts payable to the Registrar in respect of any other matter under this Act.
2: The Registrar may refuse to perform or exercise a function, power, or duty
3: Any Order in Council made under subsection (1) may authorise the Registrar to waive, in whole or in part and on such conditions as may be prescribed, payment of any amount referred to in paragraph (b) of that subsection.
3A: If the Registrar declines to reserve a name or revokes the reservation of a name under section 22
3B: If the Registrar, under section 24(1)
3C:
3D:
3E:
4: Any fee or amount payable to the Registrar is recoverable by the Registrar in any court of competent jurisdiction as a debt due to the Crown.
5: Regulations under this section are secondary legislation ( see Part 3 1955 No 63 s 8 1973 No 13 s 3 1975 No 137 s 4 2023-07-01 Companies Act 1993 s 372(3C), (3D), and (3E) are repealed — see s 372(3E). 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 372(1)(a) amended 6 June 2019 section 4(1) New Zealand Business Number Funding (Validation and Authorisation) Act 2019 Section 372(2) amended 6 June 2019 section 4(2) New Zealand Business Number Funding (Validation and Authorisation) Act 2019 Section 372(3A) inserted 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 372(3B) inserted 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 372(3C) repealed 1 July 2023 Section 372(3D) repealed 1 July 2023 Section 372(3E) repealed 1 July 2023 Section 372(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
21: Offences and penalties
373: Penalty for failure to comply with Act
1: A person convicted of an offence against any of the following sections of this Act is liable to a fine not exceeding $5,000:
1: section 25(5)(a)
2: section 47(7)
3: section 49(5) financial products
4: section 52(5)
5: section 60(7)
6: section 61(9)
7: section 61(10)(a)
8: section 63(9)
8A: Section 63(10)(a)
9: section 65(3)(a)
10: section 69(6)
11: section 70(4)
12: section 71(8)
13: section 71(9)(a)
14: section 76(7)
15: section 77(4)
16: section 78(8)
17: section 78(9)(a)
18: section 80(2)(a)
19: section 83(5)(a)
20: section 84(6)(a)
21: section 85(2)(a)
22: section 95(7)(a)
23: section 108(6)
24: section 122(7)(a)
25: section 218(2)(a)
26: section 221(6)
27: section 222(6)
27A: section 239AEB(3)
27B: section 239AW(4)
28: section 243(10) failure of a director to sign a certificate as to solvency
2: A person convicted of an offence against any of the following sections of this Act is liable to a fine not exceeding $10,000:
a: section 34(3)
b: section 87(4)(a)
c: section 88(5)(a)
d: section 90(2)
e: section 140(4)
f: section 179(8)
g: section 189(5)(a)
h: section 195(3)(a)
i: section 207Q(3)(a)
ia: section 207R(2)(a)
j:
k: section 215(2)(a)
l: section 216(2)(a)
la: section 239F(4)
lb: section 239G(2)
lc: section 239R(3)
ld: section 239TA(5)
le: section 239AMC(5)
lf: section 239AP(2)
lg: section 239ABYA(5)
lh: section 239ACD(4)
li: section 239ACE(2)
lj: section 239ACJA(5)
lk: section 239ACZ(4)
ll: section 239ACZA(3)
lm: section 239ACZB(4)
ln: section 243A(3)
lo: section 245D(5)
m: section 250(7)
ma: section 255(3A)
mb: section 256(4)
mc: section 257(3)
n: section 280(6)
na: section 282(2)
nb: section 283(9)
nc: section 283A(5)
o: section 333(5)(a)
p: section 334(6)(a)
q: section 339(2)(a)
r: section 340(6)(a)
s: section 365(5)
sa: section 365F(7)
t: section 366(4)
u: section 381 Limited
3: A person convicted of an offence against any of the following sections of this Act is liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years:
aa: section 256A(5)
a: section 261(6A)
b: section 273(2)
c: section 274(2)
4: A person convicted of an offence against any of the following sections of this Act is liable to imprisonment for a term not exceeding 5 years or to a fine not exceeding $200,000:
aaa: section 138A(1)
a: section 304(6)
b: section 305(11)
c: section 377
d: section 378
e: section 379
f: section 380 or dishonestly incurring debt
g: section 382(4)
h: section 383(6)
i: section 385(9) or the FMA
j: section 386A(2) Section 373(1)(2) amended 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 373(1)(3) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 373(1)(8A) inserted 11 September 2014 section 58 Companies Amendment Act 2014 Section 373(1)(27A) inserted 1 November 2007 section 39(1) Companies Amendment Act 2006 Section 373(1)(27A) amended 11 September 2014 section 58 Companies Amendment Act 2014 Section 373(1)(27B) inserted 1 November 2007 section 39(1) Companies Amendment Act 2006 Section 373(1)(28) amended 11 September 2014 section 58 Companies Amendment Act 2014 Section 373(2)(h) replaced 1 April 2014 section 39 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 373(2)(i) replaced 1 April 2014 section 39 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 373(2)(ia) inserted 11 September 2014 section 58 Companies Amendment Act 2014 Section 373(2)(j) repealed 1 April 2014 section 39 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 373(2)(la) inserted 1 September 2020 section 55(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(lb) inserted 1 September 2020 section 55(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(lc) inserted 1 September 2020 section 55(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(ld) inserted 1 September 2020 section 55(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(le) inserted 1 September 2020 section 55(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(lf) inserted 1 September 2020 section 55(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(lg) inserted 1 September 2020 section 55(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(lh) inserted 1 September 2020 section 55(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(li) inserted 1 September 2020 section 55(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(lj) inserted 1 September 2020 section 55(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(lk) inserted 1 September 2020 section 55(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(ll) inserted 1 September 2020 section 55(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(lm) inserted 1 September 2020 section 55(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(ln) inserted 1 September 2020 section 55(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(lo) inserted 1 September 2020 section 55(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(ma) replaced 1 September 2020 section 55(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(mb) inserted 1 September 2020 section 55(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(mc) replaced 1 September 2020 section 55(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(n) replaced 1 September 2020 section 55(3) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(na) inserted 1 September 2020 section 55(3) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(nb) inserted 1 September 2020 section 55(3) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(nc) inserted 1 September 2020 section 55(3) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(2)(sa) inserted 1 May 2015 section 58 Companies Amendment Act 2014 Section 373(3)(aa) inserted 1 September 2020 section 55(4) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 373(3)(a) replaced 3 May 2001 section 14(2) Companies Act 1993 Amendment Act 2001 Section 373(3)(b) replaced 3 May 2001 section 14(2) Companies Act 1993 Amendment Act 2001 Section 373(3)(c) inserted 3 May 2001 section 14(2) Companies Act 1993 Amendment Act 2001 Section 373(4)(aaa) inserted 11 September 2014 section 58 Companies Amendment Act 2014 Section 373(4)(f) amended 3 July 2014 section 5 Companies Amendment Act 2014 Section 373(4)(h) amended 11 September 2014 section 58 Companies Amendment Act 2014 Section 373(4)(i) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 373(4)(j) inserted 1 November 2007 section 39(2) Companies Amendment Act 2006
374: Penalties that may be imposed on directors in cases of failure by board or company to comply with Act
1: A director of a company who is convicted of an offence against any of the following sections of this Act is liable to a fine not exceeding $5,000:
a: section 25(5)(b)
b: section 61(10)(b)
c: section 63(10) (b)
d: section 65(3)(b)
e: section 71(9)(b)
f: section 78(9)(b)
g: section 80(2)(b)
h: section 83(5)(b)
i: section 84(6)(b)
j: section 85(2)(b)
k: section 95(7)(b)
l: section 107(8)
m: section 122(7)(b)
n: section 188(6)
o: section 218(2)(b)
2: A director of a company who is convicted of an offence against any of the following sections of this Act is liable to a fine not exceeding $10,000:
1:
2: section 32(4)
3: section 33(6)
4: section 43(2)
5: section 44(6)
6: section 47(9)
7: section 49(6) financial products
8: section 58(4)
9: section 87(4)(b)
10: section 88(5)(b)
10A: section 94B(3)
11: section 159(3)
12: section 176(4)
13: section 189(5)(b)
14: section 190(3)
15: section 195(3)(b)
16: section 207Q(3)(b)
16A:
17: section 207R(2) (b)
18: section 207W(2)
19: section 208(3)
20:
21: section 209(7)
22: section 209A(5)
22A: section 209B(3)
23: section 214(10)
24: section 215(2)(b)
25: section 216(2)(b)
26: section 236(5)
27: section 237(3)
28: section 333(5)(b)
29: section 334(6)(b)
30: section 339(2)(b)
31: section 340(6)(b)
32: section 365G(4)
3: A director of a company who is convicted of an offence against any of the following sections of this Act is liable to a fine not exceeding $50,000:
a: section 194(4)
b: section 207G(3) Section 374(1)(c) amended 11 September 2014 section 58 Companies Amendment Act 2014 Section 374(2)(1) repealed 1 July 1994 Companies Act 1993 Amendment Act 1994 Section 374(2)(5) amended 11 September 2014 section 58 Companies Amendment Act 2014 Section 374(2)(7) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 374(2)(10A) inserted 1 May 2015 section 58 Companies Amendment Act 2014 Section 374(2)(15) replaced 1 April 2014 section 40(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 374(2)(16) replaced 1 April 2014 section 40(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 374(2)(16A) repealed 1 April 2014 section 40(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 374(2)(17) replaced 1 April 2014 section 40(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 374(2)(17) amended 11 September 2014 section 58 Companies Amendment Act 2014 Section 374(2)(18) replaced 1 April 2014 section 40(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 374(2)(19) replaced 1 April 2014 section 40(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 374(2)(20) repealed 1 April 2014 section 40(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 374(2)(21) replaced 18 June 2007 section 13 Companies Amendment Act (No 2) 2006 Section 374(2)(22) replaced 18 June 2007 section 13 Companies Amendment Act (No 2) 2006 Section 374(2)(22A) inserted 18 June 2007 section 13 Companies Amendment Act (No 2) 2006 Section 374(2)(32) inserted 1 May 2015 section 58 Companies Amendment Act 2014 Section 374(3) inserted 1 April 2014 section 40(2) Financial Reporting (Amendments to Other Enactments) Act 2013
375: Proceedings for offences
1:
2:
3: Despite anything to the contrary in section 25
a: a charging document may be filed at any time in respect of an offence against section 373(4)
b: the limitation period in respect of an offence specified in section 373(1) or (2) section 374
4: Nothing in sections 377 to 380 Section 375(1) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 375(2) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 375(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
376: Defences
1: It is a defence to a director charged with an offence in relation to a duty imposed on the board of a company if the director proves that—
a: the board took all reasonable and proper steps to ensure that the requirements of this Act would be complied with; or
b: he or she took all reasonable and proper steps to ensure that the board complied with the requirements of this Act; or
c: in the circumstances he or she could not reasonably have been expected to take steps to ensure that the board complied with the requirements of this Act.
2: It is a defence to a director charged with an offence in relation to a duty imposed on the company if the director proves that—
a: the company took all reasonable and proper steps to ensure that the requirements of this Act would be complied with; or
b: he or she took all reasonable steps to ensure that the company complied with the requirements of this Act; or
c: in the circumstances he or she could not reasonably have been expected to take steps to ensure that the company complied with the requirements of this Act.
377: False statements
1: Every person who, with respect to a document required by or for the purposes of this Act,—
a: makes, or authorises the making of, a statement in it that is false or misleading in a material particular knowing it to be false or misleading; or
b: omits, or authorises the omission from it of, any matter knowing that the omission makes the document false or misleading in a material particular— commits an offence, and is liable on conviction to the penalties set out in section 373(4)
2: Every director or employee of a company who makes or furnishes, or authorises or permits the making or furnishing of, a statement or report that relates to the affairs of the company and that is false or misleading in a material particular, to—
a: a director, employee, auditor, shareholder, debenture holder, or trustee for debenture holders of the company; or
b: a liquidator, liquidation committee, or receiver or manager of property of the company; or
c: if the company is a subsidiary, a director, employee, or auditor of its holding company; or
d: a stock exchange or an officer of a stock exchange,— knowing it to be false or misleading, commits an offence, and is liable on conviction to the penalties set out in section 373(4)
3: For the purposes of this section, a person who voted in favour of the making of a statement at a meeting is deemed to have authorised the making of the statement. 1955 No 63 s 461 1980 No 43 s 47
378: Fraudulent use or destruction of property
Every director, employee, or shareholder of a company who—
a: fraudulently takes or applies property of the company for his or her own use or benefit, or for a use or purpose other than the use or purpose of the company , or for the use or benefit of a person other than the company
b: fraudulently conceals or destroys property of the company— commits an offence, and is liable on conviction to the penalties set out in section 373(4) 1955 No 63 s 461A 1980 No 43 s 47 Section 378(a) amended 3 July 2014 section 6 Companies Amendment Act 2014
379: Falsification of records
1: Every director, employee, or shareholder of a company who, with intent to defraud or deceive a person,—
a: destroys, parts with, mutilates, alters, or falsifies, or is a party to the destruction, mutilation, alteration, or falsification of any register, accounting records, book, paper, or other document belonging or relating to the company; or
b: makes, or is a party to the making of, a false entry in any register, accounting records, book, paper, or other document belonging or relating to the company— commits an offence, and is liable on conviction to the penalties set out in section 373(4)
2: Every person who, in relation to a mechanical, electronic, or other device used in connection with the keeping or preparation of any register, accounting or other records, index, book, paper, or other document for the purposes of a company or this Act,—
a: records or stores in the device, or makes available to a person from the device, matter that he or she knows to be false or misleading in a material particular; or
b: with intent to falsify or render misleading any such register, accounting or other records, index, book, paper, or other document, destroys, removes, or falsifies matter recorded or stored in the device, or fails or omits to record or store any matter in the device— commits an offence, and is liable on conviction to the penalties set out in section 373(4) 1955 No 63 s 461C 1980 No 43 s 47
380: Carrying on business fraudulently
or dishonestly incurring debt
1: Every person who is knowingly a party to a company carrying on business with intent to defraud creditors of the company or any other person or for a fraudulent purpose commits an offence and is liable on conviction to the penalties set out in section 373(4)
2: Every director of a company who,—
a: by false pretences or other fraud induces a person to give credit to the company; or
b: with intent to defraud creditors of the company,—
i: gives, transfers, or causes a charge to be given on, property of the company to any person; or
ii: causes property to be given or transferred to any person; or
iii: caused or was a party to execution being levied against property of the company— commits an offence and is liable on conviction to the penalties set out in section 373(4)
3: Every director of a company commits an offence and is liable on conviction to the penalties set out in section 373(4)
4: Every director of a company commits an offence and is liable on conviction to the penalties set out in section 373(4)
a: the company incurs a debt (the debt
b: the company—
i: is insolvent at the time that it incurs the debt; or
ii: becomes insolvent by incurring the debt; or
iii: is insolvent at the time that it incurs debts that include the debt; or
iv: becomes insolvent by incurring debts that include the debt; and
c: the director knows, at the time when the company incurs the debt, that the company is insolvent or will become insolvent as a result of incurring the debt or other debts that include the debt; and
d: the director’s failure to prevent the company incurring the debt is dishonest.
5: In subsection (4), insolvent 1955 No 63 s 461D 1980 No 43 s 47 Section 380 heading amended 3 July 2014 section 7(1) Companies Amendment Act 2014 Section 380(3) inserted 1 November 2007 section 33 Companies Amendment Act 2006 Section 380(4) inserted 3 July 2014 section 7(2) Companies Amendment Act 2014 Section 380(5) inserted 3 July 2014 section 7(2) Companies Amendment Act 2014
381: Improper use of
Limited Any person who, not being incorporated with limited liability, whether alone or with other persons, carries on business under a name or title of which Limited section 373(2) 1955 No 63 s 462
382: Persons prohibited from managing companies
1: Where—
a: a person has been convicted of an offence in connection with the promotion, formation, or management of a company (being an offence that is punishable by a term of imprisonment of not less than 3 months) , including an offence under section 138A
b: a person has been convicted of an offence under any of sections 377 to 380 section 2(1) 1961; or
ba: a person has been convicted of an offence under section 143A(1)(d) 143B(1)
bb: a person has been convicted of an offence under section 148 section 143B(1)
c: that person shall not, during the period of 5 years after the conviction or the judgment, be a director or promoter of, or in any way, whether directly or indirectly, be concerned or take part in the management of, a company, unless that person first obtains the leave of the court which may be given on such terms and conditions as the court thinks fit.
2: A person intending to apply for the leave of the court under this section shall give to the Registrar not less than 10 days' notice of that person's intention to apply.
3: The Registrar, and such other persons as the court thinks fit, may attend and be heard at the hearing of any application under this section.
4: A person who acts in contravention of this section, or of any order made under this section, commits an offence and is liable on conviction to the penalty set out in section 373(4)
5: In this section, the term company Section 382(1)(a) replaced 1 May 2015 section 53 Companies Amendment Act 2014 Section 382(1)(a) amended 13 January 2020 section 9(1) Regulatory Systems (Economic Development) Amendment Act 2019 Section 382(1)(b) amended 13 January 2020 section 9(2) Regulatory Systems (Economic Development) Amendment Act 2019 Section 382(1)(ba) inserted 13 January 2020 section 9(3) Regulatory Systems (Economic Development) Amendment Act 2019 Section 382(1)(bb) inserted 13 January 2020 section 9(3) Regulatory Systems (Economic Development) Amendment Act 2019 Section 382(1)(c) repealed 29 February 2008 section 25 Securities Amendment Act 2006
383: Court may disqualify directors
1: Where—
a: a person has been convicted of an offence in connection with the promotion, formation, or management of a company (being an offence that is punishable by a term of imprisonment of not less than 3 months) , including an offence under section 138A section 2(1)
b: a person has committed an offence for which the person is liable (whether convicted or not) under this Part; or
ba: a person has been convicted of an offence under section 143A(1)(d) 143B(1)
bb: a person has been convicted of an offence under section 148 section 143B(1)
c: a person has, while a director of a company and whether convicted or not,—
i: persistently failed to comply with this Act , the Financial Markets Conduct Act 2013 Takeovers Act 1993
ii: been guilty of fraud in relation to the company or of a breach of duty to the company or a shareholder; or
iii: acted in a reckless or incompetent manner in the performance of his or her duties as director; or
ca: a person has been prohibited in a country, State, or territory outside New Zealand from carrying on activities that the court is satisfied are substantially similar to being a director or promoter of or being concerned or taking part in the management of a body corporate; or
d:
e: a person has become of unsound mind,— the court may make an order that the person must not, without the leave of the court, be a director or promoter of, or in any way, whether directly or indirectly, be concerned or take part in the management of, a company permanently or for a period specified in the order
1A: The court may make an order under this section permanent or for a period longer than 10 years only in the most serious of cases for which an order may be made.
2: A person intending to apply for an order under this section must give not less than 10 days' notice of that intention to the person against whom the order is sought, and on the hearing of the application the last-mentioned person may appear and give evidence or call witnesses.
3: An application for an order under this section may be made by the Registrar, the FMA, the Official Assignee, or by the liquidator of the company, or by a person who is, or has been, a shareholder or creditor of the company.
3A: Subsection (3B) applies on the hearing of—
a: an application for an order under this section by the Registrar, the FMA, the Official Assignee, or the liquidator; or
b: an application for leave under this section by a person against whom an order has been made on the application of the Registrar, the FMA, the Official Assignee, or the liquidator.
3B: The Registrar, the FMA, the Official Assignee, or the liquidator (as the case may be)—
a: must appear and call the attention of the court to any matters that seem to him, her, or it to be relevant; and
b: may give evidence or call witnesses.
4: An order may be made under this section even though the person concerned may be criminally liable in respect of the matters on the ground of which the order is to be made.
4A: If conduct by a person constitutes grounds for making an order under any 1 or more of this section, section 44F subpart 6
5: The Registrar of the court must, as soon as practicable after the making of an order under this section, give notice to the Registrar that the order has been made and the Registrar must give notice in the Gazette
6: Every person who acts in contravention of an order under this section commits an offence and is liable on conviction to the penalties set out in section 373(4)
7: In this section, company 1955 No 63 s 189 1988 No 236 s 4 Section 383(1) amended 1 April 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 383(1)(a) replaced 1 May 2015 section 54 Companies Amendment Act 2014 Section 383(1)(a) amended 13 January 2020 section 10(1) Regulatory Systems (Economic Development) Amendment Act 2019 Section 383(1)(ba) inserted 13 January 2020 section 10(2) Regulatory Systems (Economic Development) Amendment Act 2019 Section 383(1)(bb) inserted 13 January 2020 section 10(2) Regulatory Systems (Economic Development) Amendment Act 2019 Section 383(1)(c)(i) replaced 25 October 2006 section 25 Securities Amendment Act 2006 Section 383(1)(c)(i) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 383(1)(ca) inserted 22 November 2006 section 14 Companies Amendment Act (No 2) 2006 Section 383(1)(d) repealed 29 February 2008 section 25 Securities Amendment Act 2006 Section 383(1A) inserted 1 April 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 383(3) replaced 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 383(3A) inserted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 383(3B) inserted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 383(4A) inserted 25 October 2006 section 25 Securities Amendment Act 2006 Section 383(4A) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
384: Liability for contravening sections 382 and 383
A person who acts as a director of a company in contravention of section 382 section 383
a: a liquidator of the company for every unpaid debt incurred by the company; and
b: a creditor of the company for a debt to that creditor incurred by the company— while that person was so acting.
385: Registrar
or FMA
1: This section applies in relation to a company—
a: that has been put into liquidation because of its inability to pay its debts as and when they became due:
b: that has ceased to carry on business because of its inability to pay its debts as and when they became due:
c: in respect of which execution is returned unsatisfied in whole or in part:
d: in respect of the property of which a receiver, or a receiver and manager, has been appointed by a court or pursuant to the powers contained in an instrument, whether or not the appointment has been terminated:
e: in respect of which, or the property of which, a person has been appointed as a receiver and manager, or a judicial manager, or a statutory manager, or as a manager, or to exercise control, under or pursuant to any enactment, whether or not the appointment has been terminated:
f: that has entered into a compromise or arrangement with its creditors:
g: that is in voluntary administration under Part 15A
2: This section also applies in relation to a company the liquidation of which has been completed whether or not the company has been removed from the New Zealand register.
3: The Registrar or the FMA 10 years Gazette
4: The power conferred by subsection (3) may be exercised in relation to—
a: any person who the Registrar or the FMA or the FMA
b: any person who the Registrar or the FMA or the FMA
i: that the manner in which the affairs of all, or all but one, of those companies were managed was not wholly or partly responsible for them being companies in relation to which this section applies; or
ii: that it would not be just or equitable for the power to be exercised.
5: The Registrar or the FMA
a: not less than 10 working days' notice of the fact that the Registrar or the FMA
b: the Registrar or the FMA
6: No person to whom a notice under subsection (3) applies shall be a director or promoter of a company, or be concerned or take part (whether directly or indirectly) in the management of a company.
7: Where a person to whom the Registrar or the FMA
8: The Registrar or the FMA
a: revoke that notice; or
b: exempt that person from the notice in relation to a specified company or companies. Every such notice shall be published in the Gazette
9: Every person to whom a notice under subsection (3) is given who fails to comply with the notice commits an offence and is liable on conviction to the penalties set out in section 373(4)
10: In this section, company 1955 No 63 s 189A 1988 No 236 s 5 Section 385 heading amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 385(1)(g) inserted 1 November 2007 section 34 Companies Amendment Act 2006 Section 385(3) amended 1 April 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 385(3) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 385(4)(a) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 385(4)(b) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 385(5) replaced 3 May 2001 section 15 Companies Act 1993 Amendment Act 2001 Section 385(5) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 385(5)(a) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 385(5)(b) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 385(7) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 385(8) amended 1 May 2011 section 82 Financial Markets Authority Act 2011
385AA: Additional power for Registrar or FMA to prohibit persons from managing companies
1: This section applies in relation to a company that has been removed from the New Zealand register on any of the grounds described in section 318(1)(ba), (bb), (bc), or (bd)
2: The Registrar or the FMA may, by notice in writing given to a person, prohibit that person from being a director or promoter of a company, or being concerned in, or taking part (whether directly or indirectly) in the management of a company, during such period not exceeding 10 years after the date of the notice as is specified in the notice. Every notice must be published in the Gazette
3: The power conferred by subsection (2) may be exercised in relation to any person who the Registrar or the FMA is satisfied was, within a period of 5 years before a notice was given to that person under subsection (4) (whether that period commenced before or after the commencement of this section), a director of, or concerned in, or a person who took part in, the management of, a company to which this section applies, unless that person satisfies the Registrar or the FMA—
a: that the acts or omissions of that person were not wholly or partly responsible for the company being a company to which this section applies; or
b: that it would not be just or equitable for the power to be exercised.
4: The Registrar or the FMA must not exercise the power conferred by subsection (2) unless—
a: not less than 10 working days' notice of the fact that the Registrar or the FMA intends to consider the exercise of it is given to the person; and
b: the Registrar or the FMA considers any representations made by the person.
5: No person to whom a notice under subsection (2) applies may be a director or promoter of a company, or be concerned or take part (whether directly or indirectly) in the management of a company.
6: Where a person to whom the Registrar or the FMA has issued a notice under subsection (2) appeals against the issue of the notice under this Act or otherwise seeks judicial review of the notice, the notice remains in full force and effect pending the determination of the appeal or review, as the case may be.
7: The Registrar or the FMA may, by notice in writing to a person to whom a notice under subsection (2) has been given,—
a: revoke that notice; or
b: exempt that person from the notice in relation to a specified company or companies.
8: The Registrar or the FMA must publish a notice under subsection (7) in the Gazette
9: Every person to whom a notice under subsection (2) is given who fails to comply with the notice commits an offence and is liable on conviction to the penalties set out in section 373(4) Section 385AA inserted 1 May 2015 section 55 Companies Amendment Act 2014
385A: Appeals from FMA's exercise of power under section 385
or section 385AA
1: A person who is aggrieved by the FMA's exercise of a power under section 385 or section 385AA Gazette
2: On hearing the appeal, the court may approve the FMA's exercise of the power or may give any directions or make any determination in the matter that the court thinks fit.
3: Section 370 section 385 Section 385A inserted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 385A heading amended 1 May 2015 section 56(1) Companies Amendment Act 2014 Section 385A(1) amended 1 May 2015 section 56(2) Companies Amendment Act 2014
386: Liability for contravening section 385
or section 385AA A person who acts in contravention of a notice under section 385 385AA
a: a liquidator of the company for every unpaid debt incurred by the company; and
b: a creditor of the company for a debt to that creditor incurred by the company— while that person was so acting. Section 386 heading amended 1 May 2015 section 57(1) Companies Amendment Act 2014 Section 386 amended 1 May 2015 section 57(2) Companies Amendment Act 2014
386A: Director of failed company must not be director, etc, of phoenix company with same or substantially similar name
1: Except with the permission of the court, or unless one of the exceptions in sections 386D to 386F
a: be a director of a phoenix company; or
b: directly or indirectly be concerned in or take part in the promotion, formation, or management of a phoenix company; or
c: directly or indirectly be concerned in or take part in the carrying on of a business that has the same name as the failed company's pre-liquidation name or a similar name.
2: A person who contravenes subsection (1) commits an offence and is liable on conviction section 373(4) Insolvency Act 1986 s 216 (UK) Section 386A inserted 1 November 2007 section 35 Companies Amendment Act 2006 Section 386A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
386B: Definitions for purpose of phoenix company provisions
1: In sections 386A to 386F director of a failed company director of the failed company failed company phoenix company
a: a pre-liquidation name of the failed company; or
b: a similar name pre-liquidation name similar name
2: For the purposes of sections 386A to 386F Insolvency Act 1986 s 216(6) (UK) Section 386B inserted 1 November 2007 section 35 Companies Amendment Act 2006
386C: Liability for debts of phoenix company
1: A person who contravenes section 386A(1)(a) or (b)
2: A person ( A
a: in the management of the company A acts or is willing to act on instructions given by another person ( B
b: at that time A knows that B is contravening section 386A(1)(a) or (b)
3: In this section, relevant debts
a: in subsection (1), means the debts and liabilities incurred by the phoenix company during the period when the person liable was involved in the management of the company and the phoenix company was known by a pre-liquidation name of the failed company or a similar name:
b: in subsection (2), means the debts and liabilities incurred by the phoenix company during the period when A was acting or was willing to act on the instructions of B and the phoenix company was known by a pre-liquidation name of the failed company or a similar name.
4: Liability under this section is joint and several.
5: For the purposes of this section, a person who, as a person involved in the management of a company, has at any time acted on instructions given by a person who he or she knew at the time to be in contravention of section 386A Insolvency Act 1986 s 217 (UK) Section 386C inserted 1 November 2007 section 35 Companies Amendment Act 2006
386D: Exception for person named in successor company notice
1: Section 386A
2: A successor company Part 15A
3: A successor company notice
a: is sent by the successor company to all creditors of the failed company for whom the successor company has an address; and
b: is sent to those creditors within 20 working days after the arrangements for the acquisition of the business are made under subsection (2); and
c: specifies—
i: the name and registered number of the failed company; and
ii: the circumstances in which the business has been acquired by the successor business; and
iii: the name that the successor company has assumed, or proposes to assume, for the purpose of carrying on that business; and
iv: any change of name that the successor company has made, or proposes to make, for the purpose of carrying on that business; and
d: states, in respect of a person named in the notice,—
i: his or her full name; and
ii: the duration of his or her directorship of the failed company; and
iii: the extent of his or her involvement in the management of the failed company. Insolvency Rules 1986 rule 4.228 (UK) Section 386D inserted 1 November 2007 section 35 Companies Amendment Act 2006
386E: Exception for temporary period while application for exemption is made
1: A person does not contravene a prohibition in section 386A
2: The temporary period in subsection (1) is the period beginning on the date of the commencement of the liquidation of the failed company and ending on the earlier of—
a: the close of 6 weeks after the commencement of liquidation; and
b: the date on which the court makes an order of exemption. Insolvency Rules 1986 rule 4.229 (UK) Section 386E inserted 1 November 2007 section 35 Companies Amendment Act 2006
386F: Exception in relation to non-dormant phoenix company known by pre-liquidation name of failed company for at least 12 months before liquidation
1: The prohibitions in section 386A(1)(a) and (b)
a: it has been known by that name or those names for not less than the period of 12 months before liquidation commences; and
b: it has not been dormant during those 12 months.
2: For the purposes of subsection (1), a company has not been dormant during the 12-month period if transactions that are required by section 194(1) Insolvency Rules 1986 rule 4.230 (UK) Section 386F inserted 1 November 2007 section 35 Companies Amendment Act 2006 Section 386F(2) amended 1 April 2014 section 41 Financial Reporting (Amendments to Other Enactments) Act 2013
22: Miscellaneous
387: Service of documents on companies in legal proceedings
1: A document, including a writ, summons, notice, or order, in any legal proceedings may be served on a company as follows:
a: by delivery to a person named as a director of the company on the New Zealand register; or
b: by delivery to an employee of the company at the company's head office or principal place of business; or
c: by leaving it at the company's registered office or address for service; or
d: by serving it in accordance with any directions as to service given by the court having jurisdiction in the proceedings; or
e: in accordance with an agreement made with the company ; or
f: by serving it at an address for service given in accordance with the rules of the court having jurisdiction in the proceedings or by such means as a solicitor has, in accordance with those rules, stated that the solicitor will accept service.
2: The methods of service specified in subsection (1) are the only methods by which a document in legal proceedings may be served on a company in New Zealand. Section 387(1)(e) amended 3 June 1998 section 19 Companies Amendment Act 1998 Section 387(1)(f) inserted 3 June 1998 section 19 Companies Amendment Act 1998
387A: Service of documents on directors in legal proceedings
1: A document, including a writ, summons, notice, or order, in any legal proceedings involving a director in his or her capacity as director may be served on the director as follows:
a: by delivery to the director; or
b: by leaving it at the director's residential address (as that address is shown in the register); or
c: by leaving it at the company's registered office or address for service; or
d: by serving it in accordance with any directions as to service given by the court having jurisdiction in the proceedings; or
e: in accordance with an agreement made with the director; or
f: by serving it at an address for service given in accordance with the rules of the court having jurisdiction in the proceedings or by such means as a solicitor has, in accordance with those rules, stated that the solicitor will accept service.
2: The methods of service specified in subsection (1) are the only methods by which a document in legal proceedings may be served on a director in New Zealand. Section 387A inserted 1 May 2015 section 19 Companies Amendment Act 2014
388: Service of other documents on companies
1: A document, other than a document in any legal proceedings, may be served on a company as follows:
a: by any of the methods set out in paragraph (a) or paragraph (b) or paragraph (c) or paragraph (e) of subsection (1) of section 387
b: by posting it to the company's registered office or address for service or delivering it to a box at a document exchange which the company is using at the time; or
c: by sending it by facsimile machine to a telephone number used for the transmission of documents by facsimile at the company's registered office or address for service or its head office or principal place of business ; or
d: by emailing it to the company at an email address that is
2: Subsection (1) is subject to section 391(3A) to (3C) Section 388(1)(c) amended 1 May 2015 section 20 Companies Amendment Act 2014 Section 388(1)(d) inserted 1 May 2015 section 20 Companies Amendment Act 2014 Section 388(1)(d) amended 16 December 2017 section 48 Electronic Interactions Reform Act 2017 Section 388(2) inserted 31 August 2012 section 8 Companies Amendment Act (No 2) 2012
388A: Service of other documents on directors
A document, other than a document in any legal proceedings, may be served on a director as follows:
a: by any of the methods set out in paragraphs (a), (b), (c), and (e) of section 387A
b: by posting it to the director at the director's residential address (as that address is shown in the register) or delivering it to a box at a document exchange that the director is using at the time; or
c: by posting it to the company's registered office or address for service or delivering it to a box at a document exchange that the company is using at the time; or
d: by sending it by fax machine to a telephone number used for the transmission of documents by fax at the director's residential address (as that address is shown in the register); or
e: by sending it by fax machine to a telephone number used for the transmission of documents by fax at the company's registered office or address for service or its head office or principal place of business; or
f: by emailing it to the director at an email address that is
g: by emailing it to the company at an email address that is Section 388A inserted 1 May 2015 section 21 Companies Amendment Act 2014 Section 388A(f) amended 16 December 2017 section 49(1) Electronic Interactions Reform Act 2017 Section 388A(g) amended 16 December 2017 section 49(2) Electronic Interactions Reform Act 2017
389: Service of documents on overseas companies in legal proceedings
1: A document, including a writ, summons, notice, or order, in any legal proceedings may be served on an overseas company in New Zealand as follows:
a: by delivery to a person named in the overseas register as a director of the overseas company and who is resident in New Zealand; or
b: by delivery to a person named in the overseas register as being authorised to accept service in New Zealand of documents on behalf of the overseas company; or
c: by delivery to an employee of the overseas company at the overseas company's place of business in New Zealand or, if the overseas company has more than 1 place of business in New Zealand, at the overseas company's principal place of business in New Zealand; or
d: by serving it in accordance with any directions as to service given by the court having jurisdiction in the proceedings; or
e: in accordance with an agreement made with the overseas company.
2: The methods of service specified in subsection (1) are the only methods by which a document in legal proceedings may be served on an overseas company in New Zealand.
390: Service of other documents on overseas companies
1: A document, other than a document in any legal proceedings, may be served on an overseas company as follows:
a: by any of the methods set out in paragraph (a) or paragraph (b) or paragraph (c) or paragraph (e) of subsection (1) of section 389
b: by posting it to the address of the overseas company's principal place of business in New Zealand or delivering it to a box at a document exchange which the overseas company is then using at the time; or
c: by sending it by facsimile machine to a telephone number used for the transmission of documents by facsimile at the principal place of business in New Zealand of the overseas company ; or
d: by emailing it to the overseas company at an email address that is used by the overseas company.
2: Subsection (1) is subject to section 391(3A) to (3C) Section 390(1)(c) amended 16 December 2017 section 50(1) Electronic Interactions Reform Act 2017 Section 390(1)(d) inserted 16 December 2017 section 50(2) Electronic Interactions Reform Act 2017 Section 390(2) inserted 31 August 2012 section 9 Companies Amendment Act (No 2) 2012
391: Service of documents on shareholders and creditors
1: A notice, statement, report, accounts, or other document to be sent to a shareholder or creditor who is a natural person may be—
a: delivered to that person; or
b: posted to that person's address or delivered to a box at a document exchange which that person is using at the time; or
c: sent by facsimile machine to a telephone number used by that person for the transmission of documents by facsimile.
2: A notice, statement, report, accounts, or other document to be sent to a shareholder or creditor that is a company or an overseas company may be sent by any of the methods of serving documents referred to in section 388 section 390
3: A notice, statement, report, accounts, or other document to be sent to a creditor that is a body corporate, not being a company or an overseas company, may be—
a: delivered to a person who is a principal officer of the body corporate; or
b: delivered to an employee of the body corporate at the principal office or principal place of business of the body corporate; or
c: delivered in such manner as the court directs; or
d: delivered in accordance with an agreement made with the body corporate; or
e: posted to the address of the principal office of the body corporate or delivered to a box at a document exchange which the body corporate is using at the time; or
f: sent by facsimile machine to a telephone number used for the transmission of documents by facsimile at the principal office or principal place of business of the body corporate; or
g: sent by email to an electronic address used by the body corporate.
3A: Despite subsections (1) to (3), a shareholder or creditor may notify the company—
a: that the shareholder or creditor wishes to receive documents by electronic means; and
b: of the electronic address to which documents are to be delivered.
3B: Notification in accordance with subsection (3A) may be made in respect of a particular notice, statement, report, set of accounts, or other document, or in respect of all documents to be served.
3C: If a shareholder or creditor notifies the company under subsection (3A), the company must send documents by electronic means in accordance with the notification, whether or not the documents are also sent by another method.
4: Where a liquidator sends documents—
a: to the last known address of a shareholder or creditor who is a natural person; or
b: to the address for service of a shareholder or creditor that is a company— and the documents are returned unclaimed 3 consecutive times, the liquidator need not send further documents to the shareholder or creditor until the shareholder or creditor gives notice to the company of its new address. Section 391(3)(f) amended 13 January 2020 section 11(1) Regulatory Systems (Economic Development) Amendment Act 2019 Section 391(3)(g) inserted 13 January 2020 section 11(2) Regulatory Systems (Economic Development) Amendment Act 2019 Section 391(3A) inserted 31 August 2012 section 10 Companies Amendment Act (No 2) 2012 Section 391(3B) inserted 31 August 2012 section 10 Companies Amendment Act (No 2) 2012 Section 391(3C) inserted 31 August 2012 section 10 Companies Amendment Act (No 2) 2012
392: Additional provisions relating to service
1: Subject to subsection (2), for the purposes of sections 387 to 391
a: if a document is to be served by delivery to a natural person, service must be made—
i: by handing the document to the person; or
ii: if the person refuses to accept the document, by bringing it to the attention of, and leaving it in a place accessible to, the person:
b: a document posted or delivered to a document exchange is deemed to be received 5 working days, or any shorter period as the court may determine in a particular case, after it is posted or delivered:
c: a document sent by facsimile machine is deemed to have been received on the working day following the day on which it was sent:
ca: a document sent by email is deemed to have been received on the working day following the day on which it was sent:
d: in proving service of a document by post or by delivery to a document exchange, it is sufficient to prove that—
i: the document was properly addressed; and
ii: all postal or delivery charges were paid; and
iii: the document was posted or was delivered to the document exchange:
e: in proving service of a document by facsimile machine, it is sufficient to prove that the document was properly transmitted by facsimile machine to the person concerned:
f: in proving service of a document by email, it is sufficient to prove that—
i: the document was properly addressed; and
ii: the document was properly sent to the email address.
2: A document is not to be deemed to have been served or sent or delivered to a person if the person proves that, through no fault on the person's part, the document was not received within the time specified. Section 392(1)(ca) inserted 1 May 2015 section 22(1) Companies Amendment Act 2014 Section 392(1)(f) inserted 1 May 2015 section 22(2) Companies Amendment Act 2014
393: Privileged communications
1: Subject to subsection (2), nothing in this Act requires a legal practitioner to disclose a privileged communication.
2: Nothing in subsection (1) applies to a communication made to or by a person referred to in section 261(2)(f)
3: For the purposes of this section, a communication is a privileged communication only if—
a: it is a confidential communication, whether oral or written, passing between—
i: a legal practitioner in his or her professional capacity and another legal practitioner in that capacity; or
ii: a legal practitioner in his or her professional capacity and his or her client,— whether made directly or indirectly through an agent; and
b: it is made or brought into existence for the purpose of obtaining or giving legal advice or assistance; and
c: it is not made or brought into existence for the purpose of committing or furthering the commission of an illegal or wrongful act.
4: If the information or document consists wholly of payments, income, expenditure, or financial transactions of a specified person (whether a legal practitioner, his or her client, or any other person), it is not a privileged communication if it is contained in, or comprises the whole or part of, a book, account, statement or other record prepared or kept by the legal practitioner in connection with a trust account of the legal practitioner within the meaning of section 6
5: The court may, on the application of any person, determine whether or not a claim of privilege is valid and may, for that purpose, require the information or document to be produced.
6: For the purposes of this section, the term legal practitioner Lawyers and Conveyancers Act 2006 1990 No 51 s 24 Section 393(4) amended 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 Section 393(6) replaced 1 August 2008 section 348 Lawyers and Conveyancers Act 2006
394: Directors' certificates
A requirement imposed by any provision of this Act that directors of a company must sign a certificate is complied with if the directors who are required to sign the certificate—
a: sign the same certificate; or
b: sign separate certificates in the same terms.
395: 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 forms for the purposes of this Act; and those regulations may require—
i: the inclusion in, or attachment to, forms of specified information or documents:
ii: forms to be signed by specified persons:
b: prescribing requirements, not inconsistent with this Act, with which documents delivered for registration must comply:
ba: prescribing a country, State, or territory outside New Zealand as an enforcement country for the purposes of section 10(d)
bb: prescribing information required for the purposes of section 12(3)(b) Schedule 4
bc: prescribing information required for the purposes of section 94A(e)
c: regulating, in a manner not inconsistent with this Act, the conduct of liquidations:
ca: prescribing countries, States, or territories outside New Zealand for the purposes of section 151(2)(eb)
caa: prescribing countries, States, or territories outside New Zealand for the purposes of section 151(2)(ec)
cb: prescribing requirements for the preparation of concise annual reports:
cba: prescribing information that must be contained in a report or statement for the purpose of—
i: section 239ACZB(3) 243A(2) 255(2)(c)(ii) 257(1)(a)
ii: section 24(3)
cc: prescribing countries, States, or territories outside New Zealand for the purposes of section 343A
cd: prescribing classes of information or documents for the purposes of section 343A
d: providing for such other matters as are contemplated by or necessary for giving effect to the provisions of this Act and for its due administration.
2: Different forms for the purposes of this Act may be prescribed for different classes of persons.
3: Regulations made under this section may provide for different regulations to apply in respect of different kinds or classes of persons or circumstances.
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 395(1)(ba) inserted 1 May 2015 section 23 Companies Amendment Act 2014 Section 395(1)(bb) inserted 1 May 2015 section 23 Companies Amendment Act 2014 Section 395(1)(bb) amended 30 May 2017 section 34 Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 395(1)(bc) inserted 1 May 2015 section 23 Companies Amendment Act 2014 Section 395(1)(ca) inserted 22 November 2006 section 15(1) Companies Amendment Act (No 2) 2006 Section 395(1)(caa) inserted 1 May 2015 section 58 Companies Amendment Act 2014 Section 395(1)(cb) inserted 22 November 2006 section 15(1) Companies Amendment Act (No 2) 2006 Section 395(1)(cba) inserted 18 June 2019 section 56(1) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 395(1)(cc) inserted 22 November 2006 section 15(1) Companies Amendment Act (No 2) 2006 Section 395(1)(cd) inserted 22 November 2006 section 15(1) Companies Amendment Act (No 2) 2006 Section 395(2) inserted 22 November 2006 section 15(2) Companies Amendment Act (No 2) 2006 Section 395(3) inserted 18 June 2019 section 56(2) Insolvency Practitioners Regulation (Amendments) Act 2019 Section 395(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
395A: COVID-19 business debt hibernation
2022-06-01 Companies Act 1993 Section 395B and Schedule 13 is repealed on the close of 31 May 2022. Section 395A repealed 31 May 2022
395B: Regulations relating to COVID-19 business debt hibernation
Section 395B repealed 31 May 2022 section 395A(3)
396: Summary Proceedings Act 1957 amended
Amendment(s) incorporated in the Act(s)
397: Securities Transfer Act 1991 amended
Amendment(s) incorporated in the Act(s)
398: Act subject to application of Cape Town Convention and Aircraft Protocol
1: Parts 14 15 15A 16 section 106 Part 12
2: In this section,— Aircraft Protocol section 104(1) Cape Town Convention section 104(1) Section 398 inserted 1 November 2010 section 14(1) Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010
399: Companies Act 1955 continues to apply for limited purposes
1: The Companies Act 1955
2: Section 42(3) to (7) of the Companies Amendment Act 1993 continue to apply in respect of every company to which those subsections applied immediately before the repeal of the Companies Act 1955.
3: Part 6A of the Companies Act 1955 continues to apply in respect of every company that, immediately before the repeal of that Act, was subject to any action under that Part of that Act to remove the company from the register, or had been removed from the register.
4: Subsections (1) to (3) apply despite the repeal of the Companies Act 1955 by the Companies Act Repeal Act 1993
5: Nothing in subsection (1) applies in relation to section 290 of the Companies Act 1955.
6: In this section and section 400 company register 1993 No 126 s 3 Section 399 inserted 5 December 2013 section 11 Companies Amendment Act 2013
400: Companies restored to register or that have ceased to be in liquidation may be reregistered
1: This section applies to a company that, but for the repeal of the Companies Reregistration Act 1993, would have been deemed to have been reregistered under this Act in accordance with section 13A 13B
2: Sections 12 13A to 15 Schedule Companies Amendment Act 2013 Section 400 inserted 5 December 2013 section 11 Companies Amendment Act 2013
401: References to companies incorporated under Companies Act 1955
A reference in any enactment to a company incorporated under the Companies Act 1955 or to which that Act applies must, unless the context otherwise requires, be read as including a company registered under this Act or to which this Act applies. Section 401 inserted 5 December 2013 section 11 Companies Amendment Act 2013
402: Validation of fee used to recover costs of Registrar of New Zealand Business Numbers
1: This section applies to a fee—
a: payable or purportedly payable on or before 30 June 2019 in accordance with the Companies Act 1993 Regulations 1994
b: that was (or is or will be) used (in whole or in part) to recover the costs, or a share of the costs, of the Registrar of New Zealand Business Numbers in the performance or exercise of a function, power, or duty conferred by or under the New Zealand Business Number Act 2016
2: The fee is and always has been validly imposed by regulations made under section 372
3: Money received by the Registrar of Companies in payment of the fee is and always has been lawfully collected and applied. Section 402 inserted 6 June 2019 section 5 New Zealand Business Number Funding (Validation and Authorisation) Act 2019
403: Validation of fees used to recover costs of other Companies Office registers, etc
1: This section applies to a fee—
a: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4) or any regulations made under any of those Acts; and
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of the Registrar in operating 1 or more registers under this Act or in exercising or performing any other powers, functions, and duties of the Registrar under this Act or any regulations made under this Act; or
b: that—
i: is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and
ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5) or in exercising or performing the powers, functions, and duties of a Registrar under any of those Acts or any regulations made under any of those Acts.
2: The fee is and always has been validly imposed.
3: Money received by the Registrar of any register maintained by the Companies Office in payment of the fee—
a: is and always has been lawfully collected and applied; and
b: may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii).
4: The Acts are—
a: the Auditor Regulation Act 2011
b: the Building Societies Act 1965
c: the Financial Markets Conduct Act 2013
d: the Financial Reporting Act 1993
e: the Financial Service Providers (Registration and Dispute Resolution) Act 2008
f: the Friendly Societies and Credit Unions Act 1982
g: the Incorporated Societies Act 1908
h: the Insolvency Practitioners Regulation Act 2019
i: the Limited Partnerships Act 2008
j: the Personal Property Securities Act 1999
k: the Retirement Villages Act 2003
l: the Securities Act 1978
5: The Acts are—
a: the Auditor Regulation Act 2011
b: the Building Societies Act 1965
c: the Charitable Trusts Act 1957
d: the Financial Markets Conduct Act 2013
e: the Financial Reporting Act 1993
f: the Financial Reporting Act 2013
g: the Financial Service Providers (Registration and Dispute Resolution) Act 2008
h: the Friendly Societies and Credit Unions Act 1982
i: the Incorporated Societies Act 1908
j: the Incorporated Societies Act 2022
k: the Industrial and Provident Societies Act 1908
l: the Insolvency Practitioners Regulation Act 2019
m: the Limited Partnerships Act 2008
n: the New Zealand Business Number Act 2016
o: the Personal Property Securities Act 1999
p: the Retirement Villages Act 2003
q: the Securities Act 1978
6: In this section,— Companies Office
a: the former Department of Justice:
b: the former Ministry of Commerce:
c: the former Ministry of Economic Development:
d: the Ministry of Business, Innovation, and Employment fee
a: includes any penalty or overdue fee imposed, or interest charged, in respect of an unpaid or overdue fee; and
b: in relation to the Insolvency Practitioners Regulation Act 2019 section 81 Section 403 inserted 25 May 2022 section 9 Companies Office Registers Funding Validation Act 2022
404: Purpose of imposing levies
1: The purpose of imposing levies by regulations under section 405
a: the different registers listed in Schedule 14
b: all those registers should be funded, in part, through a levy imposed on specified users of each register, in a manner that is equitable, efficient, and justified; and
c: applying the principles of equity, efficiency, and justification is properly undertaken having regard to the cost of administering the whole system of registers, not on the basis of the costs of administering individual registers; and
d: money collected from specified users of 1 register can legitimately be used to meet the costs of operating any or all of the registers; and
e: using money collected from specified users of 1 or more registers in the way provided in paragraph (d) is the most efficient way of financing the registers.
2: In subclause (1), specified users Schedule 15 Section 404 inserted 29 November 2022 section 4 Companies (Levies) Amendment Act 2022
405: Regulations relating to levies
1: Every person that is included in a prescribed class of persons listed in Schedule 15 Schedule 15 persons
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the levies.
3: Levies must be prescribed on the basis that the following costs should be met fully out of the levies:
a: a portion of the costs of a Registrar in performing or exercising the Registrar’s functions, powers, and duties under this Act, or any of the Acts listed in Schedule 14
b: the costs of collecting the levy money.
4: Levies may be prescribed on the basis that any actual cost that could have been, but has not been, recovered as a levy shortfall for a year may be recovered (along with any financing charge) over any period of up to 5 years.
5: The regulations may—
a: specify the class or classes of persons that are required to pay a levy:
b: specify the amount of levies, or the method of calculating or ascertaining the amount of levies:
c: include in levies, or provide for the inclusion in levies of, any shortfall in recovering the actual costs:
d: refund, or provide for refunds of, any over-recovery of the actual costs:
e: provide for the payment and collection of levies:
f: provide different levies for different classes of persons:
g: specify the financial year or part of a financial year to which a levy applies, and apply that levy to that financial year or part of a financial year and each subsequent financial year until the levy is revoked or replaced:
h: require payment of a levy for a financial year or part of a financial year, irrespective of the fact that the regulations may be made after that financial year has commenced:
i: provide for waivers or refunds of the whole or any part of a levy for any case or class of cases:
j: require the payment of levies for every transaction or any specific transaction (for example an annual return) undertaken by a person involving a register or registers:
k: require the levy to be paid as an identifiable part of the overall charge for each transaction or any specific transaction for which a fee is payable:
l: specify the timing or circumstances of the requirement to pay levies (including at different times or in different circumstances for the payment of levies for different classes of registered persons):
m: specify penalty payments for the late payment of a levy:
n: require the payment of interest on overdue levies.
6: Regulations made under this section are—
a: secondary legislation ( see Part 3
b: must be confirmed by an Act ( see subpart 3
7: Part 1 The following table is small in size and has 2 columns. This table amends Part 1 of Schedule 4 of the Legislation Act 2019 and should be read with that table to provide understanding of the context. Companies Act 1993 405 2022-11-29 Legislation Act 2019 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 405 inserted 29 November 2022 section 4 Companies (Levies) Amendment Act 2022
406: Implementation of levies
1: A Registrar may refuse to perform or exercise a function, power, or duty until the prescribed levy is paid.
2: If a person is in 2 or more classes of Schedule 15
3: The amount of any unpaid levy is recoverable from a Schedule 15 Section 406 inserted 29 November 2022 section 4 Companies (Levies) Amendment Act 2022
407: Matters to which Minister must have regard
Before recommending the making of regulations under section 405
a: the purpose of imposing levies set out in section 404
b: levies should be set at a level to recover no more than—
i: the portion of costs set by the Minister under section 405(3)
ii: the costs of recovering the levy moneys. Section 407 inserted 29 November 2022 section 4 Companies (Levies) Amendment Act 2022
408: Minister must consult
1: Before recommending the making of regulations under section 405
a: the persons that the Minister considers are able to represent the views of Schedule 15
b: any other representatives of persons who the Minister believes will be significantly affected by the proposed regulations.
2: Regulations made under section 405
3: The chief executive must ensure that proposals sent out for consultation (including any proposed amount of levy or method of calculating that levy) are available to the public on an Internet site maintained by or on behalf of the chief executive.
4: In this section and section 409 chief executive Section 408 inserted 29 November 2022 section 4 Companies (Levies) Amendment Act 2022
409: Review of sections 404 to 408 and levies
1: The Minister must, not later than 5 years after the date on which the first regulations are made under section 405 sections 404 to 408
2: The chief executive must ensure that the report resulting from review carried out under subsection (1) is available to the public on an Internet site maintained by or on behalf of the chief executive. Section 409 inserted 29 November 2022 section 4 Companies (Levies) Amendment Act 2022 |
DLM304211 | 1993 | Human Rights Act 1993 | 1: Short Title and commencement
1: This Act may be cited as the Human Rights Act 1993.
2: This Act shall come into force on 1 February 1994.
2: Interpretation
1: In this Act, unless the context otherwise requires,— act actuary
a: a person who is a Fellow of the New Zealand Society of Actuaries Incorporated; or
b: a person whom the Commission or the Complaints Division, as the case may be, considers to have an equivalent professional qualification Chief Commissioner Commission section 4 and includes the Office of Human Rights Proceedings Commissioner Director of Human Rights Proceedings Director section 20A disability assist dog section 2 dispose sections 53 54 dispute resolution meeting section 77(2)(c) dispute resolution services employer Part 2
a: the employer of an independent contractor; and
b: the person for whom work is done by contract workers under a contract between that person and the person who supplies those contract workers; and
c: the person for whom work is done by an unpaid worker employment agreement section 5 employment contract section 2 of the Employment Contracts Act 1991 fees framework general manager section 18 Human Rights Review Tribunal Tribunal section 93 Minister Office of Human Rights Proceedings Office section 20 prohibited ground of discrimination section 21 relative
a: is related to the person by blood, marriage, civil union, de facto relationship,
b: is wholly or mainly dependent on the person; or
c: is a member of the person's household residential accommodation sections 53 54 superannuation scheme trustees
2: Unless the context otherwise requires, every reference in this Act to a complaint alleging a breach of 1 or more Parts of this Act includes a complaint that appears to allege or concern such a breach (whether or not it refers to the relevant Part in question).
3: Unless the context otherwise requires, every reference in this Act to a person against whom a complaint is made includes a body of any kind against whom a complaint is made. 1977 No 49 ss 2, 15(13), 25(5) 1983 No 56 s 4(4) 1992 No 16 s 2(3) 1993 No 35 s 3(3) Section 2 substituted 1 January 2002 section 3 Human Rights Amendment Act 2001 Section 2(1) actuary inserted 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 2(1) Chief Commissioner amended 15 June 2016 section 5(1) Human Rights Amendment Act 2016 Section 2(1) Commission amended 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) disability assist dog inserted 10 May 2022 section 4 Human Rights (Disability Assist Dogs Non-Discrimination) Amendment Act 2022 Section 2(1) Equal Employment Opportunities Commissioner repealed 15 June 2016 section 5(2) Human Rights Amendment Act 2016 Section 2(1) fees framework inserted 1 December 2022 section 15 Remuneration Authority Legislation Act 2022 Section 2(1) Race Relations Commissioner repealed 15 June 2016 section 5(2) Human Rights Amendment Act 2016 Section 2(1) relative amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 15 June 2016 section 4 Human Rights Amendment Act 2016
3: Act to bind the Crown
This Act shall bind the Crown. 1971 No 150 s 2 1977 No 49 s 3
1: Human Rights Commission
4: Continuation of Human Rights Commission
1: There shall continue to be a Human Rights Commission, which shall be the same body as the Human Rights Commission established under section 4 of the Human Rights Commission Act 1977
2: The Commission is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004
4: Despite anything in any other Act, the powers of the Commission under sections 16 17
a: by persons authorised by or under this Act or the Crown Entities Act 2004
b: by the Director of Human Rights Proceedings, his or her alternate, or the staff of the Office of Human Rights Proceedings (acting in accordance with directions issued by the Director or his or her alternate), for the purposes of exercising or performing a function, power, or duty of the Director under this Act. 1977 No 49 s 4 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 Section 4(4) added 1 January 2002 section 4 Human Rights Amendment Act 2001 Section 4(4) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 4(4)(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Functions and powers of Commission Heading substituted 1 January 2002 section 5
5: Functions
1: The primary functions of the Commission are—
a: to advocate and promote respect for, and an understanding and appreciation of, human rights in New Zealand society; and
b: to encourage the maintenance and development of harmonious relations between individuals and among the diverse groups in New Zealand society; and
c: to promote racial equality and cultural diversity; and
d: to promote equal employment opportunities (including pay equity); and
e: to promote and protect the full and equal enjoyment of human rights by persons with disabilities.
2: The Commission has, in order to carry out its primary functions under subsection (1), the following functions:
a: to be an advocate for human rights and to promote and protect, by education and publicity, respect for, and observance of, human rights:
b: to encourage and co-ordinate programmes and activities in the field of human rights:
c: to make public statements in relation to any matter that may affect or infringe human rights (whether or not those human rights are affirmed in New Zealand domestic human rights law or international human rights law), including statements commenting on the position of the Government in relation to that matter:
ca: to make public statements promoting an understanding of, and compliance with, this Act or the New Zealand Bill of Rights Act 1990
d: to promote by research, education, and discussion a better understanding of the human rights dimensions of the Treaty of Waitangi
e: to prepare and publish, as the Commission considers appropriate, guidelines and voluntary codes of practice for the avoidance of acts or practices that may be inconsistent with, or contrary to, this Act:
f: to receive and invite representations from members of the public on any matter affecting human rights:
g: to consult and co-operate with other persons and bodies concerned with the protection of human rights:
h: to inquire generally into any matter, including any enactment or law, or any practice, or any procedure, whether governmental or non-governmental, if it appears to the Commission that the matter involves, or may involve, the infringement of human rights:
i: to appear in or bring proceedings, in accordance with section 6 section 92B section 92E section 92H section 97
j: to apply to a court or tribunal, under rules of court or regulations specifying the tribunal's procedure, to be appointed as intervener or as counsel assisting the court or tribunal, or to take part in proceedings before the court or tribunal in another way permitted by those rules or regulations, if, in the Commission's opinion, taking part in the proceedings in that way will facilitate the performance of its functions stated in paragraph (a):
k: to report to the Prime Minister on—
i: any matter affecting human rights, including the desirability of legislative, administrative, or other action to give better protection to human rights and to ensure better compliance with standards laid down in international instruments on human rights:
ii: the desirability of New Zealand becoming bound by any international instrument on human rights:
iii:
ka: to report to either or both of the Prime Minister and the Minister responsible on any existing or proposed legislation (including subordinate legislation), administrative provision, or policy of the Government that the Commission considers may affect human rights:
kb: to promote the development of new international instruments on human rights:
kc: to promote and monitor compliance by New Zealand with, and the reporting by New Zealand on, the implementation of international instruments on human rights ratified by New Zealand:
l: to make public statements in relation to any group of persons in, or who may be coming to, New Zealand who are or may be subject to hostility, or who have been or may be brought into contempt, on the basis that that group consists of persons against whom discrimination is unlawful under this Act:
m: to develop a national plan of action, in consultation with interested parties, for the promotion and protection of human rights in New Zealand:
n: to exercise the following functions in relation to equal employment opportunities:
i: to evaluate, through the use of benchmarks developed by the Commission, the roles that legislation, guidelines, and voluntary codes of practice play in facilitating and promoting best practice in equal employment opportunities:
ii: to lead the development of guidelines and voluntary codes of practice to facilitate and promote best practice in equal employment opportunities (including codes that identify related rights and obligations in legislation) in accordance with paragraph (e):
iii: to monitor and analyse progress in improving equal employment opportunities in New Zealand and to report to the Minister on the results of that monitoring and analysis:
iv: to liaise with, and complement the work of, any trust or body that has as one of its purposes the promotion of equal employment opportunities:
o: to exercise or perform any other functions, powers, and duties conferred or imposed on it by or under this Act or any other enactment.
3: The Commission may, in the public interest or in the interests of a person, department, or organisation, publish reports relating generally to the exercise of its functions under this Act or to a particular inquiry by it under this Act, whether or not the matters to be dealt with in a report of that kind have been the subject of a report to the Minister or the Prime Minister. 1977 No 49 ss 5(1), (3), (5), 6(1), (2), 28A, 78(1) 1977 No 49 ss 78(1), 86 Section 5 substituted 1 January 2002 section 5 Human Rights Amendment Act 2001 Section 5 heading amended 25 January 2005 section 200 Crown Entities Act 2004 Section 5(1)(b) amended 15 June 2016 section 6(1) Human Rights Amendment Act 2016 Section 5(1)(c) inserted 15 June 2016 section 6(2) Human Rights Amendment Act 2016 Section 5(1)(d) inserted 15 June 2016 section 6(2) Human Rights Amendment Act 2016 Section 5(1)(e) inserted 15 June 2016 section 6(2) Human Rights Amendment Act 2016 Section 5(2)(c) replaced 15 June 2016 section 6(3) Human Rights Amendment Act 2016 Section 5(2)(ca) inserted 15 June 2016 section 6(3) Human Rights Amendment Act 2016 Section 5(2)(k)(iii) repealed 15 June 2016 section 6(4) Human Rights Amendment Act 2016 Section 5(2)(ka) inserted 15 June 2016 section 6(5) Human Rights Amendment Act 2016 Section 5(2)(kb) inserted 15 June 2016 section 6(5) Human Rights Amendment Act 2016 Section 5(2)(kc) inserted 15 June 2016 section 6(5) Human Rights Amendment Act 2016 Section 5(2)(n) inserted 15 June 2016 section 6(6) Human Rights Amendment Act 2016
6: Powers relating to declaratory judgments
1: If at any time the Commission considers that it may be desirable to obtain a declaratory judgment or order of the High Court in accordance with the Declaratory Judgments Act 1908
2: The Commission may exercise the right in subsection (1) only if it considers that the exercise of the right will facilitate the performance of its functions stated in section 5(2)(a)
3: Subsection (1) does not limit the ability of the Commission to appear in or bring proceedings under section 92B section 92E section 92H section 97 1977 No 49 s 5A 1983 No 56 s 3 Section 6 substituted 1 January 2002 section 5 Human Rights Amendment Act 2001 Activities in performance of Commission's functions Heading substituted 1 January 2002 section 5 Human Rights Amendment Act 2001
7: Commission determines general nature of activities
1: Subject to the role of the Minister in the process of setting and monitoring the strategic direction and targets of the Commission under Part 4
2: The Chief Commissioner is responsible to the Commission for ensuring that activities undertaken in the performance of the Commission's functions are not inconsistent with determinations of the Commission. Section 7 substituted 1 January 2002 section 5 Human Rights Amendment Act 2001 Section 7(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Membership of Commission Heading inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
8: Membership of Commission
1: The Commission consists of the following Human Rights Commissioners:
a: the Chief Commissioner; and
b: not less than 3 and not more than 4 other Commissioners.
1A: There must be a Commissioner, other than the Chief Commissioner, appointed to lead the work of the Commission in each of the following priority areas:
a: disability rights (the Disability Rights Commissioner):
b: equal employment opportunities (including pay equity) (the Equal Employment Opportunities Commissioner):
c: race relations (the Race Relations Commissioner).
1B: A Commissioner must lead the work of the Commission in any other priority area that is designated by the Chief Commissioner, and the Chief Commissioner may designate an area of work as a priority area only in accordance with the strategic direction and the general nature of activities determined by the Commission under section 7(1)
2: The Commissioners are the board for the purposes of the Crown Entities Act 2004
3: The Chief Commissioner holds office as chairperson of the board for the purposes of the Crown Entities Act 2004
4: Clauses 1 to 5 1977 No 49 s 7(1)(a), (c), (ca), (d), (2) 1983 No 56 s 4(1), (2) 1991 No 132 s 3(1) 1993 No 35 s 2 Section 8 substituted 1 January 2002 section 5 Human Rights Amendment Act 2001 Section 8(1) replaced 15 June 2016 section 7 Human Rights Amendment Act 2016 Section 8(1A) inserted 15 June 2016 section 7 Human Rights Amendment Act 2016 Section 8(1B) inserted 15 June 2016 section 7 Human Rights Amendment Act 2016 Section 8(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 8(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 8(4) added 25 January 2005 section 200 Crown Entities Act 2004
9: Alternate Commissioners
1: The Governor-General may, on the recommendation of the Minister, appoint as alternate Commissioners persons who may be designated as the alternate of a Commissioner by either the Minister under subsection (2) or the Chief Commissioner under subsection (3).
2: The Minister may designate a Commissioner or an alternate Commissioner to act as the Chief Commissioner—
a: during the period following the resignation of the Chief Commissioner and ending when the Chief Commissioner's successor comes into office; or
b: during the Chief Commissioner's incapacity or in respect of a particular function or activity of the Commission, as the case may be, if—
i: the Minister is satisfied that the Chief Commissioner is incapacitated by illness, absence, or other sufficient cause from performing the duties of his or her office; or
ii: the Chief Commissioner considers it is not proper or desirable that he or she should participate in the function or activity.
3: The Chief Commissioner may designate an alternate Commissioner to act as a Commissioner during the period the Chief Commissioner is acting as Chief Commissioner, or during the period of the Commissioner's incapacity, or in respect of a particular function or activity of the Commission, as the case may be, if—
a: the Chief Commissioner is a Commissioner acting as the Chief Commissioner under a designation under subsection (2); or
b: the Chief Commissioner is satisfied that any other Commissioner is incapacitated by illness, absence, or other sufficient cause from performing the duties of his or her office; or
c: a Judge who is for the time being holding office as a Commissioner declines to participate in, or withdraws from participation in, the particular function or activity of the Commission under section 20C(2)
d: any other Commissioner considers it is not proper or desirable that he or she should participate in the function or activity of the Commission.
4: An alternate Commissioner designated under subsection (2) or subsection (3) must, while the alternate Commissioner acts as Chief Commissioner or as a Commissioner, be taken to be the Chief Commissioner or the Commissioner in whose place the alternate Commissioner acts.
5: No designation of an alternate Commissioner, and no act done by an alternate Commissioner, and no act done by the Commission while any alternate Commissioner is acting, may in any proceedings be questioned on the ground that the occasion for the alternate Commissioner's designation had not arisen or had ceased. 1977 No 49 s 7B 1985 No 23 s 2 Section 9 substituted 1 January 2002 section 5 Human Rights Amendment Act 2001 Functions of Commissioners Heading repealed 1 January 2002 section 5 Human Rights Amendment Act 2001
10: Meetings of Commission
1:
2:
3:
4:
5:
6:
7:
8: 1977 No 49 s 10 Section 10 substituted 1 January 2002 section 5 Human Rights Amendment Act 2001 Section 10(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 10(2) repealed 15 June 2016 section 8 Human Rights Amendment Act 2016 Section 10(3) repealed 15 June 2016 section 8 Human Rights Amendment Act 2016 Section 10(4) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 10(5) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 10(6) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 10(7) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 10(8) repealed 25 January 2005 section 200 Crown Entities Act 2004 Criteria for appointment Heading inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
11: Criteria for appointment
1: In recommending persons for appointment as Commissioners or alternate Commissioners, the Minister must have regard to the need for Commissioners and alternate Commissioners appointed to have among them—
a: knowledge of, or experience in,—
i: different aspects of matters likely to come before the Commission:
ii: New Zealand law, or the law of another country, or international law, on human rights:
iii: the Treaty of Waitangi
iv: current economic, employment, or social issues:
v: cultural issues and the needs and aspirations (including life experiences) of different communities of interest and population groups in New Zealand society:
b: skills in, or experience in,—
i: advocacy or public education:
ii: business, commerce, economics, industry, or financial or personnel management:
iii: community affairs:
iv: public administration, or the law relating to public administration.
1A: Subsection (1) does not limit section 29
2: Nothing in this section limits section 12 section 13 1977 No 49 s 7(3) 1985 No 23 s 3(1) Section 11 substituted 1 January 2002 section 5 Human Rights Amendment Act 2001 Section 11(1A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 11(2) amended 15 June 2016 section 9 Human Rights Amendment Act 2016 Section 11(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Complaints Division Heading repealed 1 January 2002 section 5 Human Rights Amendment Act 2001
12: Further criteria for appointment of Chief Commissioner
In recommending a person for appointment as Chief Commissioner, the Minister must have regard not only to the criteria stated in section 11
a: ability to provide leadership in relation to the performance of the functions of the Commission (for example, being an advocate for, and promoting, by education and publicity, respect for and observance of human rights):
b: ability to represent the Commission, and to create and maintain effective relationships between it and other persons or bodies:
c: knowledge of New Zealand law, the law of other countries, and international law, on human rights, and of New Zealand's obligations under international instruments on human rights:
d: appreciation of issues or trends in human rights arising in other countries or internationally, and of the relevance of those issues or trends for New Zealand:
e: ability to perform the functions stated in section 15 Section 12 substituted 1 January 2002 section 5 Human Rights Amendment Act 2001
13: Further criteria for appointment of Commissioner appointed to lead Commission work in priority area
In recommending a person for appointment as a Commissioner appointed to lead the work of the Commission in a priority area under section 8(1A) section 11
a: understanding of the principles and practice of the priority area in question, including its origin and development in New Zealand:
b: appreciation of issues, trends, and developments, in other countries and internationally, affecting the priority area in question, and the relevance of those issues, trends, or developments for New Zealand:
c: ability to perform the functions stated in section 16 Section 13 replaced 15 June 2016 section 10 Human Rights Amendment Act 2016 Further provisions on Commissioners and alternate Commissioners Heading repealed 1 January 2002 section 5 Human Rights Amendment Act 2001
14: Further criteria for appointment of Equal Employment Opportunities Commissioner
Section 14 repealed 15 June 2016 section 11 Human Rights Amendment Act 2016 Functions of Commissioners Heading inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
15: Functions of Chief Commissioner
The Chief Commissioner has the following functions:
a: to chair the Commission, and lead discussions of the Commission except when it is the function of a Commissioner to do so under section 16(1)(a)
b: to ensure that activities undertaken in the performance of the Commission's functions are consistent with the strategic direction and other determinations of the Commission under section 7
c: to ensure that the Commission is effective and efficient in carrying out its functions:
d: to ensure that the Commission meets its obligations under the Crown Entities Act 2004 Public Finance Act 1989 Public Service Act 2020
e: to allocate spheres of responsibility (including responsibility for priority areas designated under section 8(1B) section 76
f: to supervise and liaise with the general manager on matters of administration in relation to the Commission and on the activities undertaken in the performance of the Commission's functions:
g: any other functions, powers, or duties conferred or imposed on him or her by or under this Act or any other enactment. Section 15 replaced 15 June 2016 section 12 Human Rights Amendment Act 2016 Section 15(d) amended 7 August 2020 section 135 Public Service Act 2020
16: Additional functions of Commissioner appointed or designated to lead work of Commission in priority areas
1: A Commissioner who is appointed or designated to lead the work of the Commission in a priority area under section 8(1A) or (1B)
a: to lead discussions of the Commission in relation to that priority area of work:
b: to provide advice and leadership on matters in that priority area of work that arise in the course of activities undertaken in the performance of the Commission's functions, both when engaging in those activities and when consulted:
c: to contribute to the public debate on matters in that priority area of work:
d: any other functions or duties conferred or imposed upon him or her by or under this Act or any other enactment.
2: However, the exercise by a Commissioner of the functions stated in subsection (1) is subject to directions given by the Chief Commissioner in the exercise of his or her responsibilities under section 15(b), (c), and (d) Section 16 replaced 15 June 2016 section 13 Human Rights Amendment Act 2016
17: Functions of Equal Employment Opportunities Commissioner
Section 17 repealed 15 June 2016 section 14 Human Rights Amendment Act 2016 General manager and staff of Commission Heading inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
18: General manager and staff of Commission
1: The general manager and staff of the Commission undertake activities required to perform the functions of the Commission in accordance with the strategic direction and other determinations of the Commission under section 7
2: The general manager—
a: is responsible to the Chief Commissioner and reports to him or her; and
b: is appointed by the Chief Commissioner, in accordance with clause 1 ; and
c: is the chief executive of the Commission for the purposes of the Crown Entities Act 2004
3: Employees of the Commission are responsible to the general manager and report to him or her. Section 18 substituted 1 January 2002 section 5 Human Rights Amendment Act 2001 Section 18(2)(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 18(2)(c) added 25 January 2005 section 200 Crown Entities Act 2004 Commissioners to act independently Heading inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
19: Duty to act independently
Except as expressly provided otherwise in this or another Act, the Commission must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—
a: this Act; and
b: any other Act that expressly provides for the functions, powers, or duties of the Commission (other than the Crown Entities Act 2004 Section 19 substituted 25 January 2005 section 200 Crown Entities Act 2004 Office of Human Rights Proceedings Heading inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
20: Office of Human Rights Proceedings
1: The Office of Human Rights Proceedings is part of the Commission and is headed by the Director of Human Rights Proceedings or his or her alternate.
2: The staff of the Office report to the Director or his or her alternate, and help him or her to exercise or perform the functions, powers, and duties of the Director under this Act.
3: In exercising or performing the functions, powers, and duties of the Director, the Director or his or her alternate and the staff of the Office must act independently from the Commission and Ministers of the Crown.
4: However, the Director or his or her alternate is responsible to the Chief Commissioner for the efficient, effective, and economical administration of the activities of the Office. Section 20 substituted 1 January 2002 section 5 Human Rights Amendment Act 2001 Director of Human Rights Proceedings Heading inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
20A: Director of Human Rights Proceedings
1: The Director of Human Rights Proceedings is appointed by the Governor-General on the recommendation of the Minister.
2: The Governor-General may, on the recommendation of the Minister, appoint as alternate Director of Human Rights Proceedings a person designated for appointment as alternate Director by the Minister.
3: The Minister must not designate a person for appointment as alternate Director of Human Rights Proceedings unless—
a: the Minister is satisfied that the Director is incapacitated by illness, absence, or other sufficient cause from performing the duties of his or her office; or
b: the Director considers it is not proper or desirable that the Director should perform any particular duty of his or her office. 1977 No 49 s 7B 1985 No 23 s 2 Section 20A inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
20B: Criteria and requirement for appointment
1: In recommending a person for appointment as Director of Human Rights Proceedings or as his or her alternate, the Minister must have regard not only to the person's attributes but also to the person's—
a: knowledge of, or experience in,—
i: the different aspects of matters likely to come before the Human Rights Review Tribunal:
ii: New Zealand law, or the law of another country, or international law, on human rights:
iii: current economic, employment, or other social issues:
b: skills in, or experience in, the practice of public law (including the conduct of litigation), and financial and personnel management:
c: ability to exercise or perform, and to ensure the Office of Human Rights Proceedings helps the person to exercise or perform, efficiently and effectively, the functions, powers, and duties of the Director under this Act.
2: Every person appointed as Director of Human Rights Proceedings or as his or her alternate must be a barrister or solicitor of the High Court of not less than 5 years' legal experience. 1977 No 49 s 7(3) 1985 No 23 s 3(1) Section 20B inserted 1 January 2002 section 5 Human Rights Amendment Act 2001 Appointment of Judge as Human Rights Commissioner Heading inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
20C: Appointment of Judge as Human Rights Commissioner
1: The appointment of a Judge as a Commissioner or alternate Commissioner or service by a Judge as a Commissioner or alternate Commissioner does not affect his or her tenure of judicial office or his or her rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as a Judge (including those in relation to superannuation), and, for all purposes, his or her service as a Commissioner or alternate Commissioner must be taken to be service as a Judge.
2: A Judge who is for the time being holding office as a Commissioner may, at any time, decline to participate in, or withdraw from participation in, any particular function or activity of the Commission if the Judge considers it incompatible with his or her judicial office. 1977 No 49 ss 7(5A), 7A 1983 No 56 ss 4(3), 5 1985 No 23 s 3(1) Section 20C inserted 1 January 2002 section 5 Human Rights Amendment Act 2001 Provisions relating to office holders Heading inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
20D: Office holders to whom sections 20E to 20G apply
1: Sections 20F 20G office holder office
a:
b:
c: Director of Human Rights Proceedings:
d: alternate Director of Human Rights Proceedings.
2:
3: 1983 No 56 s 6 1985 No 23 s 3(1) Section 20D inserted 1 January 2002 section 5 Human Rights Amendment Act 2001 Section 20D(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 20D(1)(a) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 20D(1)(b) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 20D(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 20D(3) repealed 25 January 2005 section 200 Crown Entities Act 2004
20E: Service in office
Section 20E repealed 25 January 2005 section 200 Crown Entities Act 2004
20F: Term of office
The office holder—
a: holds the office for the term (not longer than 5 years) the Governor-General, on the recommendation of the Minister, specifies in the person's appointment; and
b: may, from time to time, be reappointed; and
c: unless he or she sooner vacates or no longer holds or is removed from the office under section 20G 1971 No 150 s 12(1), (2) 1977 No 49 s 8 1985 No 23 s 3(1) Section 20F inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
20G: Vacation of office
The office holder—
a: may resign from the office by delivering to the Minister a notice in writing to that effect and stating when the resignation takes effect:
b: ceases to hold office if he or she dies:
c: ceases to hold office if he or she is, under the Insolvency Act 2006
d: may, at any time, be removed from the office by the Governor-General for incapacity affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General. 1971 No 150 s 12(3) 1977 No 49 s 9 1985 No 23 s 3(1) Section 20G inserted 1 January 2002 section 5 Human Rights Amendment Act 2001 Section 20G(c) amended 3 December 2007 section 445 Insolvency Act 2006 Administrative provisions relating to Human Rights Commission and Office of Human Rights Proceedings Heading inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
20H: Administrative provisions set out in Schedules 1 and 2
1: Schedule 1
2: Schedule 2 Section 20H inserted 1 January 2002 section 5 Human Rights Amendment Act 2001
1A: Discrimination by Government, related persons and bodies, or persons or bodies acting with legal authority
Part 1A inserted 1 January 2002 section 6 Human Rights Amendment Act 2001
20I: Purpose of this Part
The purpose of this Part is to provide that, in general, an act or omission that is inconsistent with the right to freedom from discrimination affirmed by section 19 section 3 Section 20I inserted 1 January 2002 section 6 Human Rights Amendment Act 2001
20J: Acts or omissions in relation to which this Part applies
1: This Part applies only in relation to an act or omission of a person or body referred to in section 3
a: the legislative, executive, or judicial branch of the Government of New Zealand; or
b: a person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law.
2: Despite subsection (1), this Part does not apply in relation to an act or omission that is unlawful under any of sections 22 23 61 to 63 66
3: If this Part applies in relation to an act or omission, Part 2
4: Nothing in this Part affects the New Zealand Bill of Rights Act 1990 Section 20J inserted 1 January 2002 section 6 Human Rights Amendment Act 2001
20K: Purposes for which section 20L applies
Section 20L
a: any inquiry undertaken by the Commission under section 5(2)(h)
b: the assessment, consideration, mediation, or determination of a complaint under Part 3
c: any determination made by the Director under Part 3
d: any determination made in proceedings before the Human Rights Review Tribunal or in any proceedings in any court on an appeal from a decision of that Tribunal:
e: any determination made by any court or tribunal in proceedings brought under this Act by the Commission:
f: any other process or proceedings commenced or conducted under Part 3
g: any related matter. Section 20K inserted 1 January 2002 section 6 Human Rights Amendment Act 2001
20L: Acts or omissions in breach of this Part
1: An act or omission in relation to which this Part applies (including an enactment) is in breach of this Part if it is inconsistent with section 19
2: For the purposes of subsection (1), an act or omission is inconsistent with section 19
a: limits the right to freedom from discrimination affirmed by that section; and
b: is not, under section 5
3: To avoid doubt, subsections (1) and (2) apply in relation to an act or omission even if it is authorised or required by an enactment. Section 20L inserted 1 January 2002 section 6 Human Rights Amendment Act 2001
2: Unlawful discrimination
Application of Part to persons and bodies referred to in section 3 of New Zealand Bill of Rights Act 1990 Heading inserted 1 January 2002 section 7 Human Rights Amendment Act 2001
21A: Application of this Part limited if section 3 of New Zealand Bill of Rights Act 1990 applies
1: The only provisions of this Part that apply to an act or omission of a person or body described in subsection (2) are—
a: sections 21 to 35 61 to 64 sexual harassment, adverse treatment in employment of people affected by family 66
b: sections 65 67 to 74
2: The persons and bodies referred to in subsection (1) are the ones referred to in section 3
a: the legislative, executive, and judicial branches of the Government of New Zealand; and
b: every person or body in the performance of any public function, power, or duty conferred or imposed on that person or body by or pursuant to law. Section 21A inserted 1 January 2002 section 7 Human Rights Amendment Act 2001 Section 21A(1)(a) amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 21A(1)(a) amended 1 April 2019 section 38 Domestic Violence—Victims' Protection Act 2018 Acts or omissions authorised or required by law Heading inserted 1 January 2002 section 7 Human Rights Amendment Act 2001
21B: Relationship between this Part and other law
1: To avoid doubt, an act or omission of any person or body is not unlawful under this Part if that act or omission is authorised or required by an enactment or otherwise by law.
2: Nothing in this Part affects the New Zealand Bill of Rights Act 1990 Section 21B inserted 1 January 2002 section 7 Human Rights Amendment Act 2001 Prohibited grounds of discrimination Heading inserted 1 January 2002 section 7 Human Rights Amendment Act 2001
21: Prohibited grounds of discrimination
1: For the purposes of this Act, the prohibited grounds of discrimination
a: sex, which includes pregnancy and childbirth:
b: marital status, which means being—
i: single; or
ii: married, in a civil union, or in a de facto relationship; or
iii: the surviving spouse of a marriage or the surviving partner of a civil union or de facto relationship; or
iv: separated from a spouse or civil union partner; or
v: a party to a marriage or civil union that is now dissolved, or to a de facto relationship that is now ended:
c: religious belief:
d: ethical belief, which means the lack of a religious belief, whether in respect of a particular religion or religions or all religions:
e: colour:
f: race:
g: ethnic or national origins, which includes nationality or citizenship:
h: disability, which means—
i: physical disability or impairment:
ii: physical illness:
iii: psychiatric illness:
iv: intellectual or psychological disability or impairment:
v: any other loss or abnormality of psychological, physiological, or anatomical structure or function:
vi: reliance on a disability assist dog
vii: the presence in the body of organisms capable of causing illness:
i: age, which means,—
i: for the purposes of sections 22 to 41 section 70 under section 7 New Zealand Superannuation and Retirement Income Act 2001
ii: for the purposes of sections 22 to 41 section 70
iii: for the purposes of any other provision of Part 2
j: political opinion, which includes the lack of a particular political opinion or any political opinion:
k: employment status, which means—
i: being unemployed; or
ii: being a recipient of a benefit as defined in Schedule 2 the Accident Compensation Act 2001
l: family status, which means—
i: having the responsibility for part-time care or full-time care of children or other dependants; or
ii: having no responsibility for the care of children or other dependants; or
iii: being married to, or being in a civil union or de facto relationship
iv: being a relative of a particular person:
m: sexual orientation, which means a heterosexual, homosexual, lesbian, or bisexual orientation.
2: Each of the grounds specified in subsection (1) is a prohibited ground of discrimination, for the purposes of this Act, if—
a: it pertains to a person or to a relative or associate of a person; and
b: it either—
i: currently exists or has in the past existed; or
ii: is suspected or assumed or believed to exist or to have existed by the person alleged to have discriminated. Section 21(1)(b) substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 21(1)(h)(vi) amended 10 May 2022 section 5 Human Rights (Disability Assist Dogs Non-Discrimination) Amendment Act 2022 Section 21(1)(i)(i) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 21(1)(i)(i) amended 12 October 2001 section 77 New Zealand Superannuation Act 2001 Section 21(1)(k)(ii) substituted 1 July 1999 Accident Insurance Act 1998 Section 21(1)(k)(ii) amended 26 November 2018 section 459 Social Security Act 2018 Section 21(1)(k)(ii) amended 3 March 2010 section 5(1)(b) Accident Compensation Amendment Act 2010 Section 21(1)(l)(iii) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Discrimination in employment matters
22: Employment
1: Where an applicant for employment or an employee is qualified for work of any description, it shall be unlawful for an employer, or any person acting or purporting to act on behalf of an employer,—
a: to refuse or omit to employ the applicant on work of that description which is available; or
b: to offer or afford the applicant or the employee less favourable terms of employment, conditions of work, superannuation or other fringe benefits, and opportunities for training, promotion, and transfer than are made available to applicants or employees of the same or substantially similar capabilities employed in the same or substantially similar circumstances on work of that description; or
c: to terminate the employment of the employee, or subject the employee to any detriment, in circumstances in which the employment of other employees employed on work of that description would not be terminated, or in which other employees employed on work of that description would not be subjected to such detriment; or
d: to retire the employee, or to require or cause the employee to retire or resign,— by reason of any of the prohibited grounds of discrimination.
2: It shall be unlawful for any person concerned with procuring employment for other persons or procuring employees for any employer to treat any person seeking employment differently from other persons in the same or substantially similar circumstances by reason of any of the prohibited grounds of discrimination. 1977 No 49 s 15(1), (2) 1992 No 16 s 3
23: Particulars of applicants for employment
It shall be unlawful for any person to use or circulate any form of application for employment or to make any inquiry of or about any applicant for employment which indicates, or could reasonably be understood as indicating, an intention to commit a breach of section 22 1977 No 49 s 18 1992 No 16 s 7 Exceptions in relation to employment matters
24: Exception in relation to crews of ships and aircraft
Nothing in section 22 1977 No 49 s 15(8)
25: Exception in relation to work involving national security
1: Nothing in section 22
a: by reference to his or her—
i: religious or ethical belief; or
ii: political opinion; or
iii: disability, within the meaning of section 21(1)(h)(iii) section 21(1)(h)(iv)
iv: family status, within the meaning of section 21(1)(l)(iii) section 21(1)(l)(iv)
v: national origin; or
b: by reference to the national origin of any relative of that person.
2: It shall not be a breach of section 22 1977 No 49 s 15(10)
26: Exception in relation to work performed outside New Zealand
Nothing in section 22
a: are to be performed wholly or mainly outside New Zealand; and
b: are such that, because of the laws, customs, or practices of the country in which those duties are to be performed, they are ordinarily carried out only by a person who is of a particular sex or religious or ethical belief, or who is in a particular age group. 1977 No 49 ss 15(9), 15A(1)(b) 1992 No 16 s 4
27: Exceptions in relation to authenticity and privacy
1: Nothing in section 22
2: Nothing in section 22
3: Nothing in section 22
a: the position needs to be held by one sex to preserve reasonable standards of privacy; or
b: the nature or location of the employment makes it impracticable for the employee to live elsewhere than in premises provided by the employer, and—
i: the only premises available (being premises in which more than 1 employee is required to sleep) are not equipped with separate sleeping accommodation for each sex; and
ii: it is not reasonable to expect the employer to equip those premises with separate accommodation, or to provide separate premises, for each sex.
4: Nothing in section 22
5: Where, as a term or condition of employment, a position ordinarily obliges or qualifies the holder of that position to live in premises provided by the employer, the employer does not commit a breach of section 22 1977 No 49 ss 15(3), 15A(1)(a) 1992 No 16 s 4
28: Exceptions for purposes of religion
1: Nothing in section 22
2: Nothing in section 22
a: that treatment is accorded under clause 47
b: the sole or principal duties of the position (not being a position to which clause 47
i: are, or are substantially the same as, those of a clergyman, priest, pastor, official, or teacher among adherents of that belief or otherwise involve the propagation of that belief; or
ii: are those of a teacher in a private school; or
iii: consist of acting as a social worker on behalf of an organisation whose members comprise solely or principally adherents of that belief.
3: Where a religious or ethical belief requires its adherents to follow a particular practice, an employer must accommodate the practice so long as any adjustment of the employer's activities required to accommodate the practice does not unreasonably disrupt the employer's activities. 1977 No 49 s 15(6), (7) Section 28(2)(a) amended 1 August 2020 section 668 Education and Training Act 2020 Section 28(2)(b) amended 1 August 2020 section 668 Education and Training Act 2020
29: Further exceptions in relation to disability
1: Nothing in section 22
a: the position is such that the person could perform the duties of the position satisfactorily only with the aid of special services or facilities and it is not reasonable to expect the employer to provide those services or facilities; or
b: the environment in which the duties of the position are to be performed or the nature of those duties, or of some of them, is such that the person could perform those duties only with a risk of harm to that person or to others, including the risk of infecting others with an illness, and it is not reasonable to take that risk.
2: Nothing in subsection (1)(b) shall apply if the employer could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.
3: Nothing in section 22
a: any special limitations that the disability of a person imposes on his or her capacity to carry out the work; and
b: any special services or facilities that are provided to enable or facilitate the carrying out of the work.
30: Further exceptions in relation to age
1: Nothing in section 22(1)(a) section 22(1)(d)
2: Nothing in section 22(1)(b)
3: Nothing in section 22(1)(a) 1977 No 49 s 15A(2)–(4) 1992 No 16 s 4
30A: Exception in relation to employment-related retirement benefits
1: Nothing in section 22(1)(b)
a: the employee's entitlement to that benefit ( the retirement benefit
b: the retirement benefit is a term of a written employment contract that was in force on or before 1 February 1999; and
c: the employee was, on or before 1 February 1999, a party to that employment contract.
2: If a retirement benefit was a term of an employee's written employment contract on 1 February 1999, subsection (1) continues to apply in relation to the payment of that retirement benefit even if either or both of the following things occur after that date:
a: the employee and the employer enter into a new written employment contract or employment agreement
b: a different person becomes the employee's employer as a result of a merger, takeover, restructuring, or reorganisation, but the employee remains entitled to that retirement benefit by virtue of any enactment or agreement.
3: This section does not limit section 149 Section 30A inserted 1 October 1999 section 2 Human Rights Amendment Act 1999 Section 30A(2)(a) amended 2 October 2000 section 240 Employment Relations Act 2000
31: Exception in relation to employment of a political nature
Nothing in section 22
a: a political adviser or secretary to a member of Parliament; or
b: a political adviser to a member of a local authority; or
c: a political adviser to a candidate seeking election to the House of Representatives or to a local authority within the meaning of the Local Electoral Act 2001
d: a member of the staff of a political party. Section 31(c) amended 1 July 2001 section 151 Local Electoral Act 2001
32: Exception in relation to family status
Nothing in section 22
a: on the employment of any person who is married to, or in a civil union or in a de facto relationship
i: there would be a reporting relationship between them; or
ii: there is a risk of collusion between them to the detriment of the employer; or
b: on the employment of any person who is married to, or in a civil union or in a de facto relationship Section 32(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 32(b) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005
33: Armed forces
Section 33 repealed 5 May 2007 section 5 Human Rights (Women in Armed Forces) Amendment Act 2007
34: Regular forces
1: Nothing in section 22(1)(c) section 22(1)(d) section 57A
2: Section 34 heading amended 1 October 2008 section 130(1) Policing Act 2008 Section 34(2) repealed 1 October 2008 section 130(1) Policing Act 2008
35: General qualification on exceptions
No employer shall be entitled, by virtue of any of the exceptions in this Part, to accord to any person in respect of any position different treatment based on a prohibited ground of discrimination even though some of the duties of that position would fall within any of those exceptions if, with some adjustment of the activities of the employer (not being an adjustment involving unreasonable disruption of the activities of the employer), some other employee could carry out those particular duties. 1977 No 49 s 15(4) Discrimination in partnerships
36: Partnerships
1: It shall be unlawful for a firm, or for persons jointly promoting the formation of a firm,—
a: to refuse or to omit to offer a person admission to the firm as a partner; or
b: to offer or afford a person less favourable terms and conditions as a partner than are made available to other members or prospective members of the firm,— by reason of any of the prohibited grounds of discrimination.
2: It shall be unlawful for a firm—
a: to deny any partner increased status in the firm or an increased share in the capital or profits of the firm; or
b: to expel any partner from the firm or to subject any partner to any other detriment,— by reason of any of the prohibited grounds of discrimination.
2A: It is unlawful for a firm, or for persons jointly promoting the formation of a firm, to fail to provide special services or facilities that could reasonably be provided by the firm, or those persons, in the circumstances and that, if provided, would enable a person with a disability—
a: to be accepted as a partner and remain in partnership; or
b: to be offered the same terms and conditions as a partner (including terms and conditions as to status in the firm or entitlements to shares in capital or profits) that are made available to other members or prospective members of the firm.
3: Nothing in this section prevents the fixing of reasonable terms and conditions in relation to a partner or prospective partner, who by reason of disability or age—
a: has a restricted capacity to participate or continue to participate in the partnership, that cannot be restored to normal by the provision of any special services or facilities required to be provided under subsection (2A); or
b: requires special conditions if he or she is to participate or continue to participate in the partnership, even if any special services or facilities required to be provided under subsection (2A) are provided.
4: Nothing in this section applies in respect of a person with a disability, if the disability of the person is such that—
a: there would be a risk of harm to that person or others, including the risk of infecting others with an illness if that person were to accept or remain in partnership or be given the same terms and conditions as a partner (including terms and conditions as to status in the firm or entitlement to shares in capital or profits) that were made available to other members or prospective members of the firm; and
b: it is not reasonable to take that risk.
5: Subsection (4) does not apply if the firm, or persons jointly promoting the formation of a firm, could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level. 1977 No 49 s 19 1992 No 16 s 8 Section 36(2A) inserted 10 September 2008 section 4(1) Human Rights Amendment Act 2008 Section 36(3) substituted 10 September 2008 section 4(2) Human Rights Amendment Act 2008 Section 36(4) added 10 September 2008 section 4(2) Human Rights Amendment Act 2008 Section 36(5) added 10 September 2008 section 4(2) Human Rights Amendment Act 2008 Discrimination by industrial and professional associations, qualifying bodies, and vocational training bodies
37: Organisations of employees or employers and professional and trade associations
1: It shall be unlawful for an organisation to which this section applies, or for any person acting or purporting to act on behalf of any such organisation,—
a: to refuse or omit to accept any person for membership; or
b: to offer any person less favourable terms of membership and less favourable access to any benefits, facilities, or services, including the right to stand for election and hold office in the organisation, than would otherwise be made available; or
c: to deprive a person of membership, or suspend him or her, in circumstances in which other persons would not be deprived of membership or suspended,— by reason of any of the prohibited grounds of discrimination.
1A: It is unlawful for an organisation to which this section applies, or for any person acting or purporting to act on behalf of any such organisation, to fail to provide special services or facilities that could reasonably be provided by the organisation in the circumstances and that, if provided, would enable a person with a disability to—
a: be accepted and remain in membership; or
b: be given equal access to benefits, facilities, or services provided by the organisation (including the right to stand for election and hold office).
2: Nothing in this section shall prevent an organisation to which this section applies from charging different fees to persons in different age groups.
2A: Nothing in this section applies in respect of a person with a disability, if the disability of the person is such that—
a: there would be a risk of harm to that person or others, including the risk of infecting others with an illness if that person were to accept or remain in membership or be given equal access to benefits, facilities, or services provided by the organisation (including the right to stand for election and hold office); and
b: it is not reasonable to take that risk.
2B: Subsection (2A) does not apply if the organisation could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.
3: This section applies to an organisation of employees, an organisation of employers, or any other organisation that exists for the purposes of members who carry on a particular profession, trade, or calling. 1977 No 49 s 20 1992 No 16 s 9 Section 37(1A) inserted 10 September 2008 section 5(1) Human Rights Amendment Act 2008 Section 37(2A) inserted 10 September 2008 section 5(2) Human Rights Amendment Act 2008 Section 37(2B) inserted 10 September 2008 section 5(2) Human Rights Amendment Act 2008
38: Qualifying bodies
1: It shall be unlawful for an authority or body empowered to confer an approval, authorisation, or qualification that is needed for, or facilitates, engagement in a profession, trade, or calling, or any person acting or purporting to act on behalf of any such authority or body,—
a: to refuse or omit to confer that approval, authorisation, or qualification on a person; or
b: to confer that approval, authorisation, or qualification on less favourable terms and conditions than would otherwise be made available; or
c: to withdraw that approval, authorisation, or qualification or vary the terms on which it is held, in circumstances in which it would not otherwise be withdrawn or varied,— by reason of any of the prohibited grounds of discrimination.
2: For the purposes of this section, confer 1977 No 49 s 21(1), (3) 1992 No 16 s 10(1)
39: Exceptions in relation to qualifying bodies
1: Nothing in section 38
2: Nothing in section 38
a: the person seeking or holding the approval, authorisation, or qualification is not, by reason of that person's disability, able to perform the duties required of a person who holds the approval, authorisation, or qualification; or
b: the environment in which the duties required of a person who holds the approval, authorisation, or qualification are to be performed or the nature of those duties, or of some of them, are such that, if that approval, authorisation, or qualification were granted to or retained by the person with a disability, there would be a risk of harm to that person or others, including the risk of infecting others with an illness, and it is not reasonable to take that risk; or
c: conditions placed on the granting of the approval, authorisation, or qualification to any person or on the retention of the approval, authorisation, or qualification by any person are reasonably related to the disability of that person.
2A: For the purposes of applying subsection (2)(a) and (b), an authority or body referred to in section 38
a: in the case of subsection (2)(a), take account of whether a disabled person could perform the required duties if he or she was provided with special services or facilities that could reasonably be provided by an employer or by any other relevant person:
b: in the case of subsection (2)(b), take account of whether the risk of harm referred to in that paragraph could be reduced to a normal level, without unreasonable disruption to an employer or to any other relevant person.
3: Nothing in section 38
a: the authority or body imposes a reasonable and appropriate minimum age under which the approval, authorisation, or qualification will not be conferred; or
b: the authority or body imposes reasonable and appropriate terms and conditions on the grant or retention of the approval, authorisation, or qualification by reason of the age of the person seeking or holding it. 1977 No 49 s 21(2), (2A) 1992 No 16 s 10(2) Section 39(2A) inserted 10 September 2008 section 6 Human Rights Amendment Act 2008
40: Vocational training bodies
It shall be unlawful for any organisation or association which has as its function or one of its principal functions the provision of training, or facilities or opportunities for training (including facilities or opportunities by way of financial grants), that would help to fit a person for any employment, or for any person acting or purporting to act on behalf of any such organisation or association,—
a: to refuse or omit to provide training, or facilities or opportunities for training; or
b: to provide training, or facilities or opportunities for training, on less favourable terms and conditions than would otherwise be made available; or
c: to terminate training, or facilities or opportunities for training,— by reason of any of the prohibited grounds of discrimination. 1977 No 49 s 22(1) 1992 No 16 s 11(1)
41: Exceptions in relation to vocational training bodies
1: Nothing in section 40
2: Subject to subsection (3), nothing in section 40
3: Nothing in subsection (2) shall apply if the organisation or association providing training, or facilities or opportunities for training, could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.
4: Nothing in section 40
5: Nothing in section 40
6: Nothing in section 40
7: Nothing in section 40
8: In subsection (7), a specified purpose
a: to enable a person with a disability to undergo and remain in training; or
b: to provide a person with a disability with facilities or opportunities for training; or
c: to provide a person with a disability with facilities or opportunities for training on no less favourable terms and conditions than would otherwise be made available. 1977 No 49 s 22(3), (4), (5), (6) 1992 No 16 s 11(3) Section 41(7) added 10 September 2008 section 7 Human Rights Amendment Act 2008 Section 41(8) added 10 September 2008 section 7 Human Rights Amendment Act 2008 Discrimination in access to places, vehicles, and facilities
42: Access by the public to places, vehicles, and facilities
1: It shall be unlawful for any person—
a: to refuse to allow any other person access to or use of any place or vehicle which members of the public are entitled or allowed to enter or use; or
b: to refuse any other person the use of any facilities in that place or vehicle which are available to members of the public; or
c: to require any other person to leave or cease to use that place or vehicle or those facilities,— by reason of any of the prohibited grounds of discrimination.
2: In this section, the term vehicle 1977 No 49 s 23(1), (3)
43: Exceptions in relation to access by the public to places, vehicles, and facilities
1: Section 42
2: Nothing in section 42
3: Nothing in subsection (2) limits section 118
4: Subject to subsection (5), nothing in section 42
5: Subsection (4) shall not apply if the person in charge of the place, vehicle, or facility could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level. 1977 No 49 s 23(2) Section 43(3) substituted 1 January 2002 section 8 Human Rights Amendment Act 2001 Section 43(3) amended 31 March 2005 section 414 Building Act 2004 Discrimination in provision of goods and services
44: Provision of goods and services
1: It shall be unlawful for any person who supplies goods, facilities, or services to the public or to any section of the public—
a: to refuse or fail on demand to provide any other person with those goods, facilities, or services; or
b: to treat any other person less favourably in connection with the provision of those goods, facilities, or services than would otherwise be the case,— by reason of any of the prohibited grounds of discrimination.
2: For the purposes of subsection (1), but without limiting the meaning of the terms goods, facilities, and services in that subsection, the term facilities
3: Where any club, or any branch or affiliate of any club, that grants privileges to members of any other club, branch, or affiliate refuses or fails on demand to provide those privileges to any of those members, or treats any of those members less favourably in connection with the provision of those privileges than would otherwise be the case, by reason of any of the prohibited grounds of discrimination, that club, branch, or affiliate shall be deemed to have committed a breach of this section.
4: Subject to subsection (3), nothing in this section shall apply to access to membership of a club or to the provision of services or facilities to members of a club. 1977 No 49 s 24(1)–(3)
45: Exception in relation to courses and counselling
Nothing in section 44
46: Exception in relation to public decency or safety
Section 44 1977 No 49 s 24(4)
47: Exception in relation to skill
Where the nature of a skill varies according to whether it is exercised in relation to men or women, a person does not commit a breach of section 44 1977 No 49 s 24(5)
48: Exception in relation to insurance
1: It shall not be a breach of section 44
a: is based on—
i: actuarial or statistical data, upon which it is reasonable to rely, relating to life-expectancy, accidents, or sickness; or
ii: where no such data is available in respect of persons with a disability, reputable medical or actuarial advice or opinion, upon which it is reasonable to rely, whether or not contained in an underwriting manual; and
b: is reasonable having regard to the applicability of the data or advice or opinion, and of any other relevant factors, to the particular circumstances.
2: In assessing, for the purposes of this section, whether it is reasonable to rely on any data or advice or opinion, and whether different treatment is reasonable, the Commission or the Complaints Division may—
a: require justification to be provided for reliance on the data or advice or opinion and for the different treatment; and
b: request the views of an actuary 1977 No 49 s 24(6) Section 48(2)(b) amended 1 May 2011 section 82 Financial Markets Authority Act 2011
49: Exception in relation to sport
1: Subject to subsection (2), nothing in section 44
2: Subsection (1) does not apply in relation to the exclusion of persons from participation in—
a: the coaching of persons engaged in any sporting activity; or
b: the umpiring or refereeing of any sporting activity; or
c: the administration of any sporting activity; or
d: sporting activities by persons who have not attained the age of 12 years.
3: It shall not be a breach of section 44
4: It shall not be a breach of section 44
50: Exception in relation to travel services
It shall not be a breach of section 44
51: Exception in relation to reduced charges
It shall not be a breach of section 44
52: Exception in relation to disability
It shall not be a breach of section 44
a: to refuse to provide those facilities or services to any person if—
i: that person's disability requires those facilities or services to be provided in a special manner; and
ii: the person who supplies the facilities or services cannot reasonably be expected to provide them in that special manner; or
b: to provide those facilities or services to any person on terms that are more onerous than those on which they are made available to other persons, if—
i: that person's disability requires those facilities or services to be provided in a special manner; and
ii: the person who supplies the facilities or services cannot reasonably be expected to provide them without requiring more onerous terms. Equal Opportunity Act 1984 s 29(2) (Vic) Discrimination in provision of land, housing, and other accommodation
53: Land, housing, and other accommodation
1: It shall be unlawful for any person, on his or her own behalf or on behalf or purported behalf of any principal,—
a: to refuse or fail to dispose of any estate or interest in land or any residential or business accommodation to any other person; or
b: to dispose of such an estate or interest or such accommodation to any person on less favourable terms and conditions than are or would be offered to other persons; or
c: to treat any person who is seeking to acquire or has acquired such an estate or interest or such accommodation differently from other persons in the same circumstances; or
d: to deny any person, directly or indirectly, the right to occupy any land or any residential or business accommodation; or
e: to terminate any estate or interest in land or the right of any person to occupy any land or any residential or business accommodation,— by reason of any of the prohibited grounds of discrimination.
2: It shall be unlawful for any person, on his or her own behalf or on behalf or purported behalf of any principal, to impose or seek to impose on any other person any term or condition which limits, by reference to any of the prohibited grounds of discrimination, the persons or class of persons who may be the licensees or invitees of the occupier of any land or any residential or business accommodation. 1977 No 49 s 25(1), (2)
54: Exception in relation to shared residential accommodation
Nothing in section 53 1977 No 49 s 25(4)
55: Exception in relation to hostels, institutions, etc
Nothing in section 53 1977 No 49 s 25(3)
56: Further exception in relation to disability
1: Subject to subsection (2), nothing in section 53
2: Subsection (1) shall not apply if the person in charge of the accommodation could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level.
3: Nothing in section 53 Section 56(3) added 10 September 2008 section 8 Human Rights Amendment Act 2008 Discrimination in access to educational establishments
57: Educational establishments
1: It shall be unlawful for an educational establishment, or the authority responsible for the control of an educational establishment, or any person concerned in the management of an educational establishment or in teaching at an educational establishment,—
a: to refuse or fail to admit a person as a pupil or student; or
b: to admit a person as a pupil or a student on less favourable terms and conditions than would otherwise be made available; or
c: to deny or restrict access to any benefits or services provided by the establishment; or
d: to exclude a person as a pupil or a student or subject him or her to any other detriment,— by reason of any of the prohibited grounds of discrimination.
2: In this section, educational establishment section 40 1977 No 49 s 26(1), (3)
58: Exceptions in relation to establishments for particular groups
1: An educational establishment maintained wholly or principally for students of one sex, race, or religious belief, or for students with a particular disability, or for students in a particular age group, or the authority responsible for the control of any such establishment, does not commit a breach of section 57
2: Nothing in section 57
3: Nothing in section 57
4: Nothing in section 57
5: Nothing in section 57 1977 No 49 s 26(2)
59: Exception in relation to courses and counselling
Nothing in section 57
60: Further exceptions in relation to disability
1: Nothing in section 57 applies an establishment referred to in that section
2: Subject to subsection (3), nothing in section 57
3: Nothing in subsection (2) shall apply if the person in charge of the educational establishment could, without unreasonable disruption, take reasonable measures to reduce the risk to a normal level. Equal Opportunity Act 1984 s 28(5) (Vic) Section 60(1) amended 10 September 2008 section 9(a) Human Rights Amendment Act 2008 Section 60(1) amended 10 September 2008 section 9(b) Human Rights Amendment Act 2008 Other forms of discrimination
61: Racial disharmony
1: It shall be unlawful for any person—
a: to publish or distribute written matter which is threatening, abusive, or insulting, or to broadcast by means of radio or television or other electronic communication
b: to use in any public place as defined in section 2(1)
c: to use in any place words which are threatening, abusive, or insulting if the person using the words knew or ought to have known that the words were reasonably likely to be published in a newspaper, magazine, or periodical or broadcast by means of radio or television,— being matter or words likely to excite hostility against or bring into contempt any group of persons in or who may be coming to New Zealand on the ground of the colour, race, or ethnic or national origins of that group of persons.
2: It shall not be a breach of subsection (1) to publish in a newspaper, magazine, or periodical or broadcast by means of radio or television or other electronic communication
3: For the purposes of this section,— newspaper publishes distributes written matter 1971 No 150 s 9A; 1977 No 49 s 86; 1989 No 127 s 2 Section 61(1)(a) amended 3 July 2015 section 36(1) Harmful Digital Communications Act 2015 Section 61(2) amended 3 July 2015 section 36(2) Harmful Digital Communications Act 2015
62: Sexual harassment
1: It shall be unlawful for any person (in the course of that person's involvement in any of the areas to which this subsection is applied by subsection (3)) to make a request of any other person for sexual intercourse, sexual contact, or other form of sexual activity which contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment.
2: It shall be unlawful for any person (in the course of that person's involvement in any of the areas to which this subsection is applied by subsection (3)) by the use of language (whether written or spoken) of a sexual nature, or of visual material of a sexual nature, or by physical behaviour of a sexual nature, to subject any other person to behaviour that—
a: is unwelcome or offensive to that person (whether or not that is conveyed to the first-mentioned person); and
b: is either repeated, or of such a significant nature, that it has a detrimental effect on that person in respect of any of the areas to which this subsection is applied by subsection (3).
3: The areas to which subsections (1) and (2) apply are—
a: the making of an application for employment:
b: employment, which term includes unpaid work:
c: participation in, or the making of an application for participation in, a partnership:
d: membership, or the making of an application for membership, of an industrial union or professional or trade association:
e: access to any approval, authorisation, or qualification:
f: vocational training, or the making of an application for vocational training:
g: access to places, vehicles, and facilities:
h: access to goods and services:
i: access to land, housing, or other accommodation:
j: education:
k: participation in fora for the exchange of ideas and information.
4: Where a person complains of sexual harassment, no account shall be taken of any evidence of the person's sexual experience or reputation. Section 62(3)(k) inserted 3 July 2015 section 37 Harmful Digital Communications Act 2015
62A: Adverse treatment in employment of people affected by
family
1: It is unlawful for a person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (2)) to treat adversely any other person, or to make an implied or overt threat to treat adversely any other person, on the ground that the other person is, or is suspected or assumed or believed to be, a person affected by family
2: The areas to which subsection (1) applies are—
a: the making of an application for employment:
b: employment, which term includes unpaid work.
3: In this section, an employer treats adversely
a: dismisses that employee, in circumstances in which other employees employed by that employer on work of that description are not or would not be dismissed or subjected to such detriment; or
b: refuses or omits to offer or afford to that employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available for other employees of the same or substantially the same qualifications, experience, or skills employed in the same or substantially similar circumstances; or
c: subjects that employee to any detriment, in circumstances in which other employees employed by that employer on work of that description are not or would not be subjected to such detriment; or
d: retires that employee, or requires or causes that employee to retire or resign.
4: For the purposes of this section,— child section 8 family violence section 9 person affected by family violence
a: a person against whom any other person is inflicting, or has inflicted, family violence:
b: a person with whom there ordinarily or periodically resides a child against whom any other person is inflicting, or has inflicted, family violence.
5: Subsection (1) applies regardless of how long ago the family family Section 62A inserted 1 April 2019 section 39 Domestic Violence—Victims' Protection Act 2018 Section 62A heading amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 62A(1) amended 1 July 2019 section 259(1) Family Violence Act 2018 Section 62A(4) replaced 1 July 2019 section 259(1) Family Violence Act 2018 Section 62A(5) amended 1 July 2019 section 259(1) Family Violence Act 2018
63: Racial harassment
1: It shall be unlawful for any person to use language (whether written or spoken), or visual material, or physical behaviour that—
a: expresses hostility against, or brings into contempt or ridicule, any other person on the ground of the colour, race, or ethnic or national origins of that person; and
b: is hurtful or offensive to that other person (whether or not that is conveyed to the first-mentioned person); and
c: is either repeated, or of such a significant nature, that it has a detrimental effect on that other person in respect of any of the areas to which this subsection is applied by subsection (2).
2: The areas to which subsection (1) applies are—
a: the making of an application for employment:
b: employment, which term includes unpaid work:
c: participation in, or the making of an application for participation in, a partnership:
d: membership, or the making of an application for membership, of an industrial union or professional or trade association:
e: access to any approval, authorisation, or qualification:
f: vocational training, or the making of an application for vocational training:
g: access to places, vehicles, and facilities:
h: access to goods and services:
i: access to land, housing, or other accommodation:
j: education:
k: participation in fora for the exchange of ideas and information. Section 63(2)(k) inserted 3 July 2015 section 38 Harmful Digital Communications Act 2015
63A: Conversion practices
1: It is unlawful for any person to—
a: perform a conversion practice on any other person; or
b: arrange for a conversion practice to be performed on any other person.
2: In this section, conversion practice section 5 Section 63A inserted 18 August 2022 section 15 Conversion Practices Prohibition Legislation Act 2022
64: Choice of procedures
Section 64 repealed 1 December 2004 section 3 Human Rights Amendment Act 2004
65: Indirect discrimination
Where any conduct, practice, requirement, or condition that is not apparently in contravention of any provision of this Part has the effect of treating a person or group of persons differently on 1 of the prohibited grounds of discrimination in a situation where such treatment would be unlawful under any provision of this Part other than this section, that conduct, practice, condition, or requirement shall be unlawful under that provision unless the person whose conduct or practice is in issue, or who imposes the condition or requirement, establishes good reason for it. 1977 No 49 s 27 1992 No 16 s 12
66: Victimisation of whistleblower or person making use of rights prohibited
1: It is unlawful for any person ( A B
a: B (or a relative or associate of B)—
i: intends to make, or has made, use of their rights under this Act; or
ii: has encouraged another person to make use of their rights, or has promoted the rights of another person, under this Act; or
iii: has given information in support of, or relating to, any complaint, investigation, or proceeding under this Act; or
iv: has declined to do an act that would contravene this Act; or
v: has otherwise done anything under or by reference to this Act; or
b: A believes or suspects that B (or a relative or associate of B) intends to do, or has done, anything mentioned in paragraph (a).
2: Subsection (1) does not apply if B knowingly made a false allegation or otherwise acted in bad faith.
3: Any breach of section 22(1) section 68 Section 66 replaced 1 July 2022 section 40 Protected Disclosures (Protection of Whistleblowers) Act 2022
67: Advertisements
1: It shall be unlawful for any person to publish or display, or to cause or allow to be published or displayed, any advertisement or notice which indicates, or could reasonably be understood as indicating, an intention to commit a breach of any of the provisions of this Part.
2: For the purposes of subsection (1), use of a job description with a gender connotation (such as postman or stewardess) shall be taken to indicate an intention to discriminate, unless the advertisement contains an indication to the contrary. 1971 No 150 s 7 1977 No 49 s 32
68: Liability of employer and principals
1: Subject to subsection (3), anything done or omitted by a person as the employee of another person shall, for the purposes of this Part, be treated as done or omitted 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: Anything done or omitted by a person as the agent of another person shall, for the purposes of this Part, be treated as done or omitted by that other person as well as by the first-mentioned person, unless it is done or omitted without that other person's express or implied authority, precedent or subsequent.
3: In proceedings under this Act against any person in respect of an act alleged to have been done by an employee of that person, it shall be a defence for that person to prove that he or she took such steps as were reasonably practicable to prevent the employee from doing that act, or from doing as an employee of that person acts of that description. 1977 No 49 s 33
69: Further provision in relation to sexual or racial harassment in employment
1: Where—
a: a request of the kind described in section 62(1)
b: an employee is subjected to behaviour of the kind described in section 62(2) section 63 by a person who is a customer or a client of the employee's employer, the employee may make a complaint in writing about that request or behaviour to the employee's employer.
2: The employer, on receiving a complaint under subsection (1),—
a: shall inquire into the facts; and
b: if satisfied that such a request was made or that such behaviour took place,— shall take whatever steps are practicable to prevent any repetition of such a request or of such behaviour.
3: Where any person, being a person in relation to whom an employee has made a complaint under subsection (1),—
a: either—
i: makes to that employee after the complaint a request of the kind described in section 62(1)
ii: subjects that employee after the complaint to behaviour of the kind described in section 62(2) section 63
b: the employer of that employee has not taken whatever steps are practicable to prevent the repetition of such a request or such behaviour,— that employer shall be deemed to have committed a breach of this Act and the provisions of this Act shall apply accordingly. Special provisions relating to superannuation schemes
70: Superannuation schemes
1: Subject to subsection (3), nothing in section 22 section 44 1 January 1996
2: It shall continue to be lawful for the provisions of a superannuation scheme to provide—
a: different benefits for members of each sex on the basis of the same contributions; or
b: the same benefits for members of each sex on the basis of different contributions,— if the different treatment—
c: is based on actuarial or statistical data, upon which it is reasonable to rely, relating to life-expectancy, accidents, or sickness; and
d: is reasonable having regard to the applicability of the data, and of any other relevant factors, to the particular circumstances.
3: It shall continue to be unlawful to require an applicant for membership of a superannuation scheme to have attained a minimum age.
4: Nothing in section 22 section 44
a: providing or requiring different contributions for members; or
b: providing benefits for members that differ in nature or amount,— by reason of the disability or age of those members, if the different treatment—
c: is based on—
i: actuarial or statistical data, upon which it is reasonable to rely, relating to life-expectancy, accidents, or sickness; or
ii: where no such data is available in respect of persons with a disability, reputable medical or actuarial advice or opinion, upon which it is reasonable to rely, whether or not contained in an underwriting manual; and
d: is reasonable having regard to the applicability of the data or advice or opinion, and of any other relevant factors, to the particular circumstances.
5: Nothing in section 22 section 44 , the supervisor, or the manager
a: requiring an applicant for membership of the scheme to be under a specified maximum age; or
b: permitting a member of the scheme to elect to make increased or reduced contributions to the scheme either temporarily or indefinitely; or
c: specifying an age of eligibility for each type of benefit provided for members of the scheme; or
d: subject to section 183 under section 7 New Zealand Superannuation and Retirement Income Act 2001
e: providing benefits on the death or disability of members of the scheme that decrease in value as the age of members increases; or
f: providing benefits for members of the scheme that differ in nature and amount according to the member's period of membership (including any period deemed by the trustees , the supervisor, or the manager
6: In assessing for the purposes of this section whether it is reasonable to rely on any data or advice or opinion and whether different treatment is reasonable, the Commission or the Complaints Division may—
a: require justification to be provided for reliance on the data or advice or opinion and for the different treatment; and
b: request the views of an actuary Section 70(1) amended 9 December 1994 section 6 Human Rights Amendment Act 1994 Section 70(5) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 70(5)(d) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 70(5)(d) amended 21 April 2005 section 9(1) New Zealand Superannuation and Retirement Income Amendment Act 2005 Section 70(5)(d) amended 12 October 2001 section 77 New Zealand Superannuation Act 2001 Section 70(5)(f) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 70(6)(b) amended 1 May 2011 section 82 Financial Markets Authority Act 2011
71: Reports on superannuation schemes
The Commission shall from time to time, after consultation with the FMA 1977 No 49 s 89 Section 71 amended 1 May 2011 section 85(1) Financial Markets Authority Act 2011
72: Power to vary trust deeds
1: Notwithstanding any Act or rule of law or the provisions of the instrument or conditions governing any superannuation scheme, the trustees of the scheme , or the manager of the scheme with the supervisor's consent, sections 22 44 70
2: Every amendment to the provisions of an instrument or conditions governing any superannuation scheme made under subsection (1) on or after the commencement of the Human Rights Amendment Act 1994 Section 72 substituted 9 December 1994 section 7 Human Rights Amendment Act 1994 Section 72(1) amended 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Other matters
73: Measures to ensure equality
1: Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part shall not constitute such a breach if—
a: it is done or omitted in good faith for the purpose of assisting or advancing persons or groups of persons, being in each case persons against whom discrimination is unlawful by virtue of this Part; and
b: those persons or groups need or may reasonably be supposed to need assistance or advancement in order to achieve an equal place with other members of the community.
2: Nothing in this Part—
a: limits the power of the Crown to establish or arrange work or training schemes or employment assistance measures, eligibility for which may, in whole or in part, be determined by a person's age, employment status, or family status; or
b: makes it unlawful for any person to recruit or refer any other person who is of a particular age or of a particular employment status or of a particular family status for any work or training scheme or employment assistance measure that is established or arranged by the Crown, the eligibility for which may, in whole or in part, be determined by a person's age, employment status, or family status. 1977 No 49 s 29 1992 No 16 s 13(1)
74: Measures relating to pregnancy, childbirth, or family responsibilities
For the avoidance of doubt it is hereby declared that preferential treatment granted by reason of—
a: a woman's pregnancy or childbirth; or
b: a person's responsibility for part-time care or full-time care of children or other dependants— shall not constitute a breach of this Part. 1977 No 49 s 30
3: Resolution of disputes about compliance with Part 1A and Part 2
Part 3 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
75: Object of this Part
The object of this Part is to establish procedures that—
a: facilitate the provision of information to members of the public who have questions about discrimination; and
b: recognise that disputes about compliance with Part 1A Part 2
c: recognise that, if disputes about compliance with Part 1A Part 2
d: recognise that the procedures for dispute resolution under this Part need to be flexible; and
e: recognise that judicial intervention at the lowest level needs to be that of a specialist decision-making body that is not inhibited by strict procedural requirements; and
f: recognise that difficult issues of law may need to be determined by higher courts. Section 75 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
76: Functions of Commission under this Part
1: The primary functions of the Commission under this Part are—
a: to provide information to members of the public who have questions about discrimination; and
b: to facilitate the resolution of disputes about compliance with Part 1A Part 2
2: The Commission has, in order to carry out its function under subsection (1)(b), the following functions:
a: to receive and assess a complaint alleging that there has been a breach of Part 1A Part 2
b: to gather information in relation to a complaint of that kind (including one referred back to it by the Director under section 90(1)(b) section 92D
c: to offer services designed to facilitate resolution of the complaint, including information, expert problem-solving support, mediation, and other assistance:
d: to take action or further action under this Part in relation to the complaint, if the complainant or aggrieved person wishes to proceed with it, unless section 80(2) or (3)
e: to provide information gathered in relation to a complaint to the parties concerned. Section 76 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
77: Dispute resolution services
1: The Commission must provide dispute resolution services for the purposes of carrying out its functions under section 76
2: Services provided under this section may include—
a: the provision of general information about discrimination and legal obligations in relation to discrimination:
b: the provision of information about what services are available for persons who have disputes about compliance with Part 1A Part 2
c: the provision of a venue for, and a mediator at, any dispute resolution meeting that—
i: is designed to enable each party to discuss and seek to resolve any complaint, without prejudice to his or her position; and
ii: is convened at the request, or with the agreement of, the parties or, if section 84(4)
d: other services (of a type that can address a variety of circumstances) that assist persons to resolve, promptly and effectively, their disputes about compliance with Part 1A Part 2 Section 77 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
78: Method of providing services
Services provided under section 77
a: by a telephone, facsimile, internet, or email service (whether as a means of explaining where information can be found or as a means of actually providing the information or of otherwise seeking to resolve the problem); or
b: by publishing pamphlets, brochures, booklets, or codes; or
c: by specialists who—
i: respond to requests or themselves identify how, where, and when their services can best support the object of this Part; or
ii: provide their services in the manner, and at the time and place that is, most likely to resolve the problem or dispute in question; or
iii: provide their services in all of the ways described in this paragraph. Section 78 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
79: How complaints received to be treated
1: This section applies if the Commission receives, under section 76(2)(a) Part 1A Part 2
2: If the complaint or part of it concerns an enactment, or an act or omission that is authorised or required by an enactment, the complaint or relevant part of it must be treated only as a complaint that the enactment is in breach of Part 1A
3: Despite every other provision of this section, if the complaint or part of it concerns a judgment or other order of a court, or an act or omission of a court affecting the conduct of any proceedings, the Commission must take no further action in relation to the complaint or relevant part of it.
4: If the complaint or part of it concerns an act or omission by a person or body referred to in section 3
a: must be treated only as a complaint that there is a breach of Part 1A
i: is unlawful under any of sections 22 23 61 to 63 66
ii: is unlawful under any of sections 65 67 to 74
b: must be treated only as a complaint that there has been a breach of the relevant provision or provisions of Part 2 sections 22 23 61 to 63 66
5: If the complaint or relevant part of it concerns a breach of Part 2 Part 2
6: Nothing in this section prevents the Commission from involving any person that it considers appropriate in information gathering and the resolution of disputes. Section 79 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
79A: Choice of procedures
1: If the circumstances giving rise to a complaint under Part 2 Employment Relations Act 2000
a: the employee may make in relation to those circumstances a complaint under this Act:
b: the employee may, if the grievance is not otherwise resolved, apply to the Employment Relations Authority for the resolution of the grievance under the Employment Relations Act 2000
2: To avoid doubt, a complaint referred to in subsection (1) includes, but is not limited to, a complaint about sexual harassment or racial harassment.
3: For the purposes of subsection (1)(a), an employee makes a complaint when proceedings about that complaint are commenced by the complainant or the Commission.
4: If an employee makes a complaint under subsection (1)(a), the employee may not exercise or continue to exercise any rights relating to the subject matter of the complaint that the employee may have under the Employment Relations Act 2000
5: If an employee applies to the Employment Relations Authority for a resolution of the grievance under subsection (1)(b), the employee may not exercise or continue to exercise any rights relating to the subject matter of the grievance that the employee may have under this Act. Section 79A inserted 1 December 2004 section 4 Human Rights Amendment Act 2004
80: Taking action or further action in relation to complaint
1: The Commission may only take action or further action under this Part in relation to a complaint if the complainant or person alleged to be aggrieved (if not the complainant) informs the Commission that he or she wishes to proceed with the complaint.
2: The Commission may decline to take action or further action under this Part in relation to a complaint if the complaint relates to a matter of which the complainant or the person alleged to be aggrieved (if not the complainant) has had knowledge for more than 12 months before the complaint is received by the Commission.
3: The Commission may also decline to take action or further action under this Part in relation to a complaint if, in the Commission's opinion,—
a: the subject matter of the complaint is trivial; or
b: the complaint is frivolous or vexatious or is not made in good faith; or
c: having regard to all the circumstances of the case, it is unnecessary to take further action in relation to the complaint; or
d: there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition Parliament or to make a complaint to the Ombudsman, that it would be reasonable for the complainant or the person alleged to be aggrieved (if not the complainant) to exercise.
4: If the Commission decides to take no action or no further action in relation to a complaint, it must inform the complainant or the person alleged to be aggrieved (if not the complainant) and the person against whom the complaint is made—
a: of that decision; and
b: of the reasons for that decision; and
c: of his or her right, under section 92B 1977 No 49 s 35 1981 No 127 s 3 Section 80 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
81: Commission to inform parties of process
1: Before gathering information about a complaint, the Commission must comply with subsections (2) and (4).
2: The Commission must inform the following persons of the Commission's intention to gather information under section 82
a: the complainant (if any); and
b: any person alleged to be aggrieved (if not the complainant); and
c: the person against whom the complaint is made; and
d: if the complaint alleges a breach of Part 1A Part 2 section 3
e: any other person or body that the Commission considers relevant.
3: The matters referred to in subsection (2) are—
a: rights and obligations under this Act; and
b: processes that apply to complaints under this Act; and
c: other services that may help the parties to a complaint secure a settlement of the matter.
4: The Commission must also inform the person against whom the complaint was made and, if subsection (2)(d) applies, the Attorney-General—
a: of the details of the complaint (if any); and
b: of the right of that person and, if subsection (2)(d) applies, of the Attorney-General to submit to the Commission, within a reasonable time, information in response to the complaint.
5: A requirement under this section to inform a person is satisfied if all reasonable efforts have been made to inform the person. Section 81 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
82: Information gathering and disclosure by Commission
1: When the Commission gathers information about a complaint under section 76(2)(b) section 76(2)(c) or (d)
a: that process must be conducted in private:
b: the Commission may hear or obtain information from any persons it thinks fit:
c: except as provided in section 81(4)(b)
2: The Commission must make all reasonable efforts to give all parties concerned all relevant information gathered (if any) by it in relation to a complaint promptly after the information is gathered. Section 82 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
83: Settlement
1: This section applies if at any time it appears to the Commission from a complaint (including one referred back to the Commission by the Director, under section 90(1)(b) section 92D section 81(4)(b)
2: The Commission must use its best endeavours to assist the parties to secure a settlement.
3: In this section, settlement
a: means the agreement of the parties concerned on actions that settle the matter, which may include the payment of compensation or the tendering of an apology; and
b: includes a satisfactory assurance by the person to whom the complaint relates against the repetition of the conduct that was the subject matter of the complaint or against further conduct of a similar kind. Section 83 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
84: Reference of complaint to Director or from Director or Tribunal
1: The complainant, aggrieved person, or party seeking to enforce a settlement may refer a complaint to the Director so that he or she may decide, under section 90(1)(a) or (c)
2: The Commission must promptly inform all parties concerned of every reference of a complaint back to the Commission, whether the reference back is one by the Director, under section 90(1)(b) section 92D
3: A requirement under this section to inform a person is satisfied if all reasonable efforts have been made to inform the person.
4: If a complaint is referred back to the Commission by the Director, under section 90(1)(b) section 92D Section 84 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
85: Confidentiality of information disclosed at dispute resolution meeting
1: Except with the consent of the parties or the relevant party, persons referred to in subsection (2) must keep confidential—
a: a statement, admission, or document created or made for the purposes of a dispute resolution meeting; and
b: information that is disclosed orally for the purposes of, and in the course of, a dispute resolution meeting.
2: Subsection (1) applies to every person who—
a: is a mediator for a dispute resolution meeting; or
b: attends a dispute resolution meeting; or
c: is a person employed or engaged by the Commission; or
d: is a person who assists either a mediator at a dispute resolution meeting or a person who attends a dispute resolution meeting. Section 85 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
86: Evidence as to dispute resolution meeting
1: No mediator at a dispute resolution meeting may give evidence in any proceedings, whether under this Act or any other Act, about—
a: the meeting; or
b: anything related to the meeting that comes to his or her knowledge for the purposes of, or in the course of, the meeting.
2: No evidence is admissible in any court, or before any person acting judicially, of any statement, admission, document, or information that, under section 85(1) Section 86 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
87: Certain information not to be made available
Any statement, admission, document, or information disclosed or made to the mediator at a dispute resolution meeting for the purposes of the dispute resolution meeting must not be made available under the Official Information Act 1982 Local Government Official Information and Meetings Act 1987 section 85(1) Section 87 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
88: Limits on effect of section 80(1) or sections 85 to 87
Nothing in section 80(1) sections 85 to 87
a: prevents the discovery or affects the admissibility of any evidence (being evidence that is otherwise discoverable or admissible and that existed independently of the mediation process) just because the evidence was presented for the purposes of, or in the course of, a dispute resolution meeting; or
b: prevents the gathering of information by the Commission for research or educational purposes so long as the parties and the specific matters in issue between them are not identifiable; or
c: prevents the disclosure by any person employed or engaged by the Commission to any other person employed or engaged by the Commission of matters that need to be disclosed for the purposes of giving effect to this Act; or
d: prevents the disclosure of information by any person, if that person has reasonable grounds to believe that disclosure is necessary to prevent, or minimise the danger of, injury to any person or damage to any property. Section 88 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
89: Enforcement of terms of settlement agreed by parties
A settlement between parties to a complaint may be enforced by proceedings before the Tribunal brought under section 92B(4)
a: by the complainant (if any) or the aggrieved person (if not the complainant); or
b: by the person against whom the complaint was made. Section 89 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
90: Functions of Director of Human Rights Proceedings under this Part
1: The Director's functions under this Part include, in relation to a complaint,—
a: deciding, in accordance with sections 91(1) 92
b: deciding, in accordance with section 91(2)
c: deciding, in accordance with sections 91(3) 92
2: The Director's functions under this Part include, in relation to a request from the Commission to provide representation in proceedings brought under section 92B section 92E section 97 section 92H sections 91(3) 92
3: In this section and sections 92 92C related proceedings
a: an appeal to the High Court against a decision of the Tribunal:
b: proceedings in the High Court arising out of—
i: the statement of a case under section 122
ii: the removal of proceedings or a matter at issue in them under section 122A
c: an appeal to the Court of Appeal against a decision of the High Court made in proceedings described in paragraph (a) or paragraph (b):
d: an appeal to the Supreme Court against—
i: a decision of the High Court made in proceedings described in paragraph (a) or paragraph (b); or
ii: a decision of the Court of Appeal made in proceedings described in paragraph (c). Section 90 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001 Section 90(3) substituted 1 January 2004 section 48(1) Supreme Court Act 2003
91: Requirements for Director's decisions under section 90
1: The Director may make a decision under section 90(1)(a)
2: The Director may make a decision under section 90(1)(b)
a: it appears to the Director that the complaint may yet be able to be resolved by the parties and the Commission (for example, by mediation); or
b: it is unclear to the Director, from information available to him or her, in relation to the complaint, whether a party has failed to observe the terms of a settlement reached on a previous occasion.
3: The Director may make a decision under section 90(1)(c) or (2) Section 91 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
92: Matters Director to have regard to in deciding whether to provide representation in proceedings before Tribunal or in related proceedings
1: In deciding under section 90(1)(a) or (c) section 90(2)
a: must have regard to the matters stated in subsection (2):
b: may have regard to any other matter that the Director considers relevant.
2: The matters referred to in subsection (1)(a) are—
a: whether the complaint raises a significant question of law:
b: whether resolution of the complaint would affect a large number of people (for example, because the proceedings would be brought by or affect a large group of persons):
c: the level of harm involved in the matters that are the subject of the complaint:
d: whether the proceedings in question are likely to be successful:
e: whether the remedies available through proceedings of that kind are likely to suit the particular case:
f: whether there is likely to be any conflict of interest in the provision by the Director of representation to any person described in subsection (1):
g: whether the provision of representation is an effective use of resources:
h: whether or not it would be in the public interest to provide representation. Section 92 substituted 1 January 2002 section 9 Human Rights Amendment Act 2001
92A: Director to notify and report on decisions on representation
1: Promptly after making a decision under section 90(1)(a) or (c)
a: of the terms of the decision; and
b: if the Director has decided not to provide representation for the complainant, aggrieved person, class of persons, or party seeking to enforce a settlement, of the reasons for the decision.
2: Promptly after making a decision under section 90(2)
a: of the terms of the decision; and
b: of the reasons for the decision.
3: If the Director decides to provide representation to the Commission in proceedings in which the Commission is entitled to be heard under section 92H
a: cease to provide representation to the Commission; and
b: promptly advise the Commission of the Director's decision.
4: The Director must report to the Minister, at least once each year and without referring to identifiable individuals concerned, on the Director's decisions under section 90(1)(a) and (c) Section 92A inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Proceedings Heading inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92B: Civil proceedings arising from complaints
1: If a complaint referred to in section 76(2)(a)
a: for a breach of Part 1A
b: for a breach of Part 1A section 3(b)
c: for a breach of Part 2
2: If a complaint under section 76(2)(a) Part 1A Part 2
3: A person against whom a complaint referred to in section 76(2)(a)
4: If parties to a complaint under section 76(2)(a)
5: The rights given by subsections (1), (3), and (4) are not limited or affected just because the Commission or a mediator at a dispute resolution meeting or the Director is taking any action in relation to the complaint concerned.
6: Despite subsection (2), the Commission may bring proceedings under subsection (1) only if—
a: the complainant or person aggrieved (if not the complainant) has not brought proceedings; and
b: the Commission has obtained the agreement of that person before bringing the proceedings; and
c: it considers that bringing the proceedings will facilitate the performance of its functions stated in section 5(2)(a)
7: Despite subsections (1) to (6), no proceedings may be brought under this section in respect of a complaint or relevant part of a complaint to which section 79(3) Section 92B inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92BA: Lodging of applications
Proceedings before the Tribunal are to be commenced by the lodging of an application in a form approved by the chief executive of the Ministry of Justice after consultation with the Chairperson of the Tribunal Section 92BA inserted 1 December 2004 section 5 Human Rights Amendment Act 2004 Section 92BA amended 29 October 2019 section 77 Tribunals Powers and Procedures Legislation Act 2018
92C: Representation in civil proceedings arising from complaints
1: A party to proceedings before the Tribunal or related proceedings may appear and be heard—
a: in person, or by a barrister or solicitor provided by the person; or
b: by a barrister or solicitor provided by the Director if, and to the extent that, the Director has decided, under section 90(1)(a) or (c) or (2)
2: The Tribunal may, on an application for the purpose by any person, give directions as to the representation, in proceedings before it, of a plaintiff of a kind referred to in section 92N(1) to (3)
3: The Office of Human Rights Proceedings must pay all costs of representation provided—
a: by the Director for a complainant, aggrieved person, group of persons, or party to a settlement of a complaint; and
b: in accordance with a decision of the Director under section 90(1)(a) or (c)
4: The Office of Human Rights Proceedings must pay any award of costs made against a person in proceedings for which representation is provided for that person by the Director.
5: Any award of costs made in favour of a person in proceedings for which representation is provided for that person by the Director must be paid to the Office of Human Rights Proceedings.
6: Nothing in this Act limits or affects the entitlement to legal aid (if any) of a party in respect of proceedings or intended proceedings (whether or not representation for the party in the proceedings may, or is to be, is being, or has been, provided in accordance with a decision of the Director under section 90(1)(a) or (c) Section 92C inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92D: Tribunal
or Chairperson or Deputy Chairperson
1: When proceedings under section 92B or the Chairperson or a Deputy Chairperson
a: must (whether through a member or officer) first consider whether an attempt has been made to resolve the complaint (whether through mediation or otherwise); and
b: must refer the complaint under section 76(2)(a) or the Chairperson or a Deputy Chairperson
i: will not contribute constructively to resolving the complaint; or
ii: will not, in the circumstances, be in the public interest; or
iii: will undermine the urgent or interim nature of the proceedings.
2: The Tribunal or the Chairperson or a Deputy Chairperson section 76(2)(a) or the Chairperson or a Deputy Chairperson
3: The Tribunal or the Chairperson or a Deputy Chairperson section 76(2)(a) or the Chairperson or a Deputy Chairperson Section 92D inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Section 92D heading amended 14 November 2018 section 78(1) Tribunals Powers and Procedures Legislation Act 2018 Section 92D(1) amended 14 November 2018 section 78(2) Tribunals Powers and Procedures Legislation Act 2018 Section 92D(1)(b) amended 14 November 2018 section 78(2) Tribunals Powers and Procedures Legislation Act 2018 Section 92D(2) amended 14 November 2018 section 78(3) Tribunals Powers and Procedures Legislation Act 2018 Section 92D(3) amended 14 November 2018 section 78(4) Tribunals Powers and Procedures Legislation Act 2018
92E: Civil proceedings arising from inquiry by Commission
1: If the Commission considers that an inquiry by it under section 5(2)(h)
a: for a breach of Part 1A
b: for a breach of Part 1A section 3(b)
c: for a breach of Part 2
2: The Commission may exercise the right in subsection (1) only if it considers that the exercise of the right will facilitate the performance of its functions stated in section 5(2)(a)
3: This section does not limit section 6 section 92H section 97 Section 92E inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92F: Proof of justified limits and exceptions
1: The onus of proving, in any proceedings under this Part, that an act or omission is, under section 5 section 19
2: The onus of proving, in any proceedings under this Part, that conduct is, under any provision of Part 2 1977 No 49 s 39 Section 92F inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92G: Right of Attorney-General to appear in civil proceedings
1: The Attorney-General may appear and be heard, in person or by a barrister or solicitor,—
a: in proceedings before the Human Rights Review Tribunal alleging a breach of Part 1A Part 2 section 3
b: in proceedings in any of the following courts in relation to proceedings of a kind referred to in paragraph (a) that are or have been before the Human Rights Review Tribunal:
i: the District Court
ii: the High Court:
iii: the Court of Appeal:
iv: the Supreme Court.
2: The right to appear and be heard given by subsection (1) may be exercised whether or not the Attorney-General is or was a party to the proceedings before the Human Rights Review Tribunal.
3: If, under subsection (1), the Attorney-General appears in any proceedings of a kind described in that subsection, he or she has, unless those proceedings are by way of appeal, the right to adduce evidence and the right to cross-examine witnesses. 1977 No 49 s 38A 1983 No 56 s 13 1993 No 35 s 3(5) Section 92G inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Section 92G(1)(b)(i) amended 1 March 2017 section 261 District Court Act 2016 Section 92G(1)(b)(iv) added 1 January 2004 section 48(1) Supreme Court Act 2003
92H: Right of Commission to appear in civil proceedings
1: The Commission may appear and be heard, in person or by a barrister or solicitor,—
a: in proceedings before the Human Rights Review Tribunal; and
b: in proceedings in any of the following courts in relation to proceedings that are or have been before the Human Rights Review Tribunal:
i: the District Court
ii: the High Court:
iii: the Court of Appeal:
iv: the Supreme Court.
2: The right to appear and be heard given by subsection (1) may be exercised—
a: whether or not the Commission is or was a party to the proceedings before the Human Rights Review Tribunal; but
b: only if the Commission considers that the exercise of the right will facilitate the performance of its functions stated in section 5(2)(a)
3: If, under subsection (1), the Commission appears in any proceedings of a kind described in that subsection, it has, unless those proceedings are by way of appeal, the right to adduce evidence and the right to cross-examine witnesses.
4: This section is not limited by section 92B section 92E section 97 1977 No 49 s 38A 1983 No 56 s 13 1993 No 35 s 3(5) Section 92H inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Section 92H(1)(b)(i) amended 1 March 2017 section 261 District Court Act 2016 Section 92H(1)(b)(iv) added 1 January 2004 section 48(1) Supreme Court Act 2003 Remedies Heading inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92I: Remedies
1: This section is subject to sections 92J 92K Part 1A
2: In proceedings before the Human Rights Review Tribunal brought under section 92B(1) or (4) section 92E
3: If, in proceedings referred to in subsection (2), the Tribunal is satisfied on the balance of probabilities that the defendant has committed a breach of Part 1A Part 2
a: a declaration that the defendant has committed a breach of Part 1A Part 2
b: an order restraining the defendant from continuing or repeating the breach, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the breach, or conduct of any similar kind specified in the order:
c: damages in accordance with sections 92M to 92O
d: an order that the defendant perform any acts specified in the order with a view to redressing any loss or damage suffered by the complainant or, as the case may be, the aggrieved person as a result of the breach:
e: a declaration that any contract entered into or performed in contravention of any provision of Part 1A Part 2
f: an order that the defendant undertake any specified training or any other programme, or implement any specified policy or programme, in order to assist or enable the defendant to comply with the provisions of this Act:
g: relief in accordance with subpart 5
h: any other relief the Tribunal thinks fit.
4: It is no defence to proceedings referred to in subsection (2) or subsection (5) that the breach was unintentional or without negligence on the part of the party against whom the complaint was made, but, subject to section 92P
5: In proceedings before the Human Rights Review Tribunal brought, under section 92B(3) Part 1A Part 2 1977 No 49 s 38(5), (6), (8) 1983 No 56 s 12(3) Section 92I inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Section 92I(3)(g) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017
92J: Remedy for enactments in breach of Part 1A
1: If, in proceedings before the Human Rights Review Tribunal, the Tribunal finds that an enactment is in breach of Part 1A
2: The declaration that may be granted by the Tribunal, if subsection (1) applies, is a declaration that the enactment that is the subject of the finding is inconsistent with the right to freedom from discrimination affirmed by section 19
3: The Tribunal may not grant a declaration under subsection (2) unless that decision has the support of all or a majority of the members of the Tribunal.
4: Nothing in this section affects the New Zealand Bill of Rights Act 1990 Section 92J inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92K: Effect of declaration
Effect on enactment, or act, omission, policy, or activity, concerned
1: A declaration under section 92J
a: affect the validity, application, or enforcement of the enactment in respect of which it is given; or
b: prevent the continuation of the act, omission, policy, or activity that was the subject of the complaint. Required actions after declarations of inconsistency
2: Sections 92WA 92WB section 92J
3: Section 92K inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Section 92K(1) heading inserted 30 August 2022 section 6(1) New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022 Section 92K(2) heading inserted 30 August 2022 section 6(2) New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022 Section 92K(2) replaced 30 August 2022 section 6(2) New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022 Section 92K(3) repealed 30 August 2022 section 6(2) New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022
92L: Costs
1: In any proceedings under section 92B section 92E section 97
2: Without limiting the matters that the Tribunal may consider in determining whether to make an award of costs under this section, the Tribunal may take into account whether, and to what extent, any party to the proceedings—
a: has participated in good faith in the process of information gathering by the Commission:
b: has facilitated or obstructed that information-gathering process:
c: has acted in a manner that facilitated the resolution of the issues that were the subject of the proceedings. 1977 No 49 s 38(7) 1983 No 56 s 12(4) Section 92L inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92M: Damages
1: In any proceedings under section 92B(1) or (4) section 92E Part 1A Part 2
a: pecuniary loss suffered as a result of, and expenses reasonably incurred by the complainant or, as the case may be, the aggrieved person for the purpose of, the transaction or activity out of which the breach arose:
b: loss of any benefit, whether or not of a monetary kind, that the complainant or, as the case may be, the aggrieved person might reasonably have been expected to obtain but for the breach:
c: humiliation, loss of dignity, and injury to the feelings of the complainant or, as the case may be, the aggrieved person.
2: This section applies subject to sections 92J 92N 92O and to subpart 1 Prisoners' and Victims' Claims Act 2005 1977 No 49 s 40(1) Section 92M inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Section 92M(2) amended 4 June 2005 Prisoners’ and Victims’ Claims Act 2005
92N: Directions as to payment of damages in certain cases
1: If the plaintiff is a minor who is not married or in a civil union section 92M Public Trust
2: If the plaintiff is a mentally disordered person within the meaning of section 2(1) Protection of Personal and Property Rights Act 1988 section 92M Public Trust
3: If the plaintiff is a person whose property is being managed under the Protection of Personal and Property Rights Act 1988
a: if damages fall within the terms of the property order, the Tribunal must direct the defendant to pay damages awarded under section 92M
b: if damages do not fall within the terms of the property order, the Tribunal may, in its discretion, direct the defendant to pay damages awarded under section 92M Public Trust
4: If money is paid to Public Trust
a: sections 103 to 110 a minor who is not married or in a civil union
b: sections 108D 108F 108G
c: section 108E subsection (3)(a) 1977 No 49 s 40 s 14(2) Section 92N inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Section 92N(1) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 92N(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 92N(2) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 92N(3)(b) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 92N(4) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 92N(4)(a) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 92N(4)(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 92N(4)(b) substituted 1 March 2002 section 170(1) Public Trust Act 2001 Section 92N(4)(c) added 1 March 2002 section 170(1) Public Trust Act 2001
92O: Tribunal may defer or modify remedies for breach of Part 1A or Part 2 or terms of settlement
1: If, in any proceedings under this Part, the Tribunal determines that an act or omission is in breach of Part 1A Part 2
2: The actions are,—
a: instead of, or as well as, awarding damages or granting any other remedy,—
i: to specify a period during which the defendant must remedy the breach; and
ii: to adjourn the proceedings to a specified date to enable further consideration of the remedies or further remedies (if any) to be granted:
b: to refuse to grant any remedy that has retrospective effect:
c: to refuse to grant any remedy in respect of an act or omission that occurred before the bringing of proceedings or the date of the determination of the Tribunal or any other date specified by the Tribunal:
d: to provide that any remedy granted has effect only prospectively or only from a date specified by the Tribunal:
e: to provide that the retrospective effect of any remedy is limited in a way specified by the Tribunal. Section 92O inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92P: Matters to be taken into account in exercising powers given by section 92O
1: In determining whether to take 1 or more of the actions referred to in section 92O
a: whether or not the defendant in the proceedings has acted in good faith:
b: whether or not the interests of any person or body not represented in the proceedings would be adversely affected if 1 or more of the actions referred to in section 92O
c: whether or not the proceedings involve a significant issue that has not previously been considered by the Tribunal:
d: the social and financial implications of granting any remedy sought by the plaintiff:
e: the significance of the loss or harm suffered by any person as a result of the breach of Part 1A Part 2
f: the public interest generally:
g: any other matter that the Tribunal considers relevant.
2: If the Tribunal finds that an act or omission is in breach of Part 1A section 3 Part 2 section 92O
a: the requirements of fair public administration; and
b: the obligation of the Government to balance competing demands for the expenditure of public money. Section 92P inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Monetary limits on remedies Tribunal may grant Heading inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92Q: Monetary limits on remedies Tribunal may grant
1: Proceedings under section 92B section 92E
2: However, except as provided in sections 92R to 92V sections 74 to 79
3: For the purposes of subsection (2), if civil proceedings under section 92B 1977 No 49 s 41 1983 No 56 s 15 1993 No 5 s 3(6) Section 92Q inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Section 92Q(2) amended 1 March 2017 section 261 District Court Act 2016 Granting of remedies by High Court on reference from Tribunal Heading inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92R: Tribunal to refer granting of remedies to High Court
The Human Rights Review Tribunal must refer the granting of a remedy in any proceedings under section 92B section 92E Part 1A Part 2
a: the granting of the appropriate remedy under section 92I section 92Q
b: that the granting of a remedy in those proceedings would be better dealt with by the High Court. 1977 No 49 s 42(1) Section 92R inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92S: Further provisions on reference to High Court
1: A reference under section 92R
a: sets out the Tribunal's finding with regard to the breach of Part 1A Part 2
b: includes, or is accompanied by, a statement of the considerations to which the Tribunal has had regard in making the reference to that court.
2: A copy of the report must be given or sent promptly to every party to the proceedings.
3: Except as provided in this Act, the procedure for a reference under section 92R 1977 No 49 s 42(4)–(6), (8) Section 92S inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92T: High Court decides remedies on reference from Tribunal
1: This section applies where the granting of a remedy in any proceedings under section 92B section 92E section 92R
2: The High Court may direct the Tribunal to amplify any report made under section 92S(1)
3: Every person who, under section 92S(2) section 92S(1) Part 1A Part 2
4: However, no person referred to in subsection (3) may, on the reference under section 92R
5: The High Court must decide, on the basis of the Tribunal's finding that the defendant has committed a breach of Part 1A Part 2 section 92I section 92J 1977 No 49 s 42(2), (5), (6) Section 92T inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92U: High Court's decision on remedies to be included in, and given effect to as part of, Tribunal's determination
1: Every decision of the High Court under section 92T(5)
a: must be remitted to the Tribunal for inclusion in its determination with regard to the proceedings; and
b: has effect as part of that determination despite the limits imposed by section 92Q
2: Nothing in subsection (1)—
a: limits sections 123 to 125
b: prevents the making of an appeal in accordance with section 123 1977 No 49 s 42(3), (9) Section 92U inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Abandonment or agreement to bring claim within Tribunal's jurisdiction Heading inserted 1 January 2002 section 9 Human Rights Amendment Act 2001
92V: Abandonment to enable Tribunal to make award of damages
1: This section applies where the Tribunal would have jurisdiction in any proceedings under section 92B section 92E section 92M section 74(1) section 92Q(2)
2: The Tribunal may make an award within that limit if the plaintiff abandons the excess.
3: An award of damages in those proceedings in accordance with section 92M
4: This section overrides sections 92Q to 92U 1977 No 49 s 43 Section 92V inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Section 92V(1) amended 1 March 2017 section 261 District Court Act 2016
92W: Extension of jurisdiction by agreement between parties
1: If, in any proceedings under section 92B section 92E section 92Q section 92I
2: This section overrides sections 92Q to 92U 1977 No 49 s 44(1) Section 92W inserted 1 January 2002 section 9 Human Rights Amendment Act 2001 Required actions after declarations of inconsistency Heading inserted 30 August 2022 section 7 New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022
92WA: Attorney-General to notify Parliament of declaration of inconsistency
1: This section applies if a declaration made under section 92J
a: no appeals, or applications for leave to appeal, against the making of the declaration are lodged in the period for lodging them; or
b: all lodged appeals, or applications for leave to appeal, against the making of the declaration are withdrawn or dismissed.
2: The Attorney-General must present to the House of Representatives, not later than the sixth sitting day of the House of Representatives after the declaration becomes final, a notice bringing the declaration to the attention of the House of Representatives. Section 92WA inserted 30 August 2022 section 7 New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022
92WB: Responsible Minister to report to Parliament Government’s response to declaration
1: If a notice is presented under section 92WA
2: The deadline is the end of 6 months starting on the date on which the notice is presented, or any earlier or later time—
a: specified by a resolution of the House of Representatives; or
b: otherwise determined by or on behalf of the House of Representatives, in accordance with its rules and practice. Section 92WB inserted 30 August 2022 section 7 New Zealand Bill of Rights (Declarations of Inconsistency) Amendment Act 2022
4: Human Rights Review Tribunal
Part 4 heading substituted 1 January 2002 section 10 Human Rights Amendment Act 2001
93: Human Rights The Tribunal constituted by section 45 of the Human Rights Commission Act 1977 , immediately before 1 January 2002 (being the date of the commencement of the Human Rights Amendment Act 2001 , and, on and after 1 January 2002, is called the Human Rights Review Tribunal 1977 No 49 s 45 1993 No 35 s 3(1) Section 93 heading amended 1 January 2002 section 11(a) Human Rights Amendment Act 2001 Section 93 amended 1 January 2002 section 11(b) Human Rights Amendment Act 2001 Section 93 amended 1 January 2002 section 11(c) Human Rights Amendment Act 2001 Functions and powers of Tribunal
94: Functions of Tribunal
The functions of the Tribunal shall be—
a: to consider and adjudicate upon proceedings brought pursuant to sections 92B 92E 95 97
b: to exercise and perform such other functions, powers, and duties as are conferred or imposed on it by or under this Act or any other enactment. 1977 No 49 s 46 1993 No 35 s 4(2) Section 94(a) amended 1 January 2002 section 12 Human Rights Amendment Act 2001
95: Power to make interim order
1: In respect of any matter in which the Tribunal has jurisdiction under this Act to make any final determination, the Chairperson or a Deputy Chairperson
2: An application for an interim order may be made,—
a: in the case of proceedings under section 92B(1), (2), (3), or (4)
b: in the case of proceedings under section 92E
3: A copy of the application shall be served on the defendant who shall be entitled to be heard before a decision on the application is made. 1977 No 49 s 46A 1993 No 35 s 4(1) Section 95(1) amended 14 November 2018 section 79 Tribunals Powers and Procedures Legislation Act 2018 Section 95(2) substituted 1 January 2002 section 13 Human Rights Amendment Act 2001
96: Review of interim orders
Where an interim order has been made, the defendant may, with the leave of the Tribunal and instead of appealing against the order, apply to the High Court to vary or rescind the order unless that order was made with the defendant's consent. 1977 No 49 s 46B 1993 No 35 s 4(1)
97: Power in respect of exception for genuine occupational qualification or genuine justification
1: The Tribunal may exercise the power referred to in subsection (2), but only—
a: in respect of a matter in which it has jurisdiction under this Act to make a final determination; and
b: on an application by the Commission, a person or persons against whom a complaint under section 76(2)(a) section 5(2)(h)
2: The power is to declare that an act, omission, practice, requirement, or condition that would otherwise be unlawful under Part 2
a: a genuine occupational qualification, in respect of sections 22 to 41
b: a genuine justification, in respect of sections 42 to 60 Section 97 substituted 1 January 2002 section 14 Human Rights Amendment Act 2001 Constitution of Tribunal
98: Membership of Tribunal
The Tribunal shall consist of—
a: the Chairperson or a Deputy Chairperson or, if section 103B
b: 2 other persons appointed by the Chairperson for the purposes of each hearing from a panel maintained by the Minister under section 101 1977 No 49 s 47 1993 No 35 s 5(1) Section 98(a) replaced 14 November 2018 section 80 Tribunals Powers and Procedures Legislation Act 2018
99: Chairperson of Tribunal
The Chairperson of the Tribunal must be appointed by the Governor-General, on the recommendation of the Minister. Section 99 replaced 14 November 2018 section 81 Tribunals Powers and Procedures Legislation Act 2018
99AA: Deputy Chairpersons of Tribunal
One or more Deputy Chairpersons of the Tribunal may be appointed by the Governor-General, on the recommendation of the Minister. Section 99AA inserted 14 November 2018 section 81 Tribunals Powers and Procedures Legislation Act 2018
99A: Criteria and requirement for appointment of
Chairperson and Deputy Chairperson
1: In recommending a person for appointment as the Chairperson or a Deputy Chairperson section 101(2)
a: experience in dispute resolution:
b: experience as a Chairperson or a Deputy Chairperson
c: ability to perform the functions of the Chairperson or a Deputy Chairperson
2: Every person appointed as the Chairperson or a Deputy Chairperson Section 99A inserted 1 January 2002 section 15 Human Rights Amendment Act 2001 Section 99A heading amended 14 November 2018 section 82(1) Tribunals Powers and Procedures Legislation Act 2018 Section 99A(1) amended 14 November 2018 section 82(2) Tribunals Powers and Procedures Legislation Act 2018 Section 99A(1)(b) amended 14 November 2018 section 82(3) Tribunals Powers and Procedures Legislation Act 2018 Section 99A(1)(c) amended 14 November 2018 section 82(4) Tribunals Powers and Procedures Legislation Act 2018 Section 99A(2) amended 14 November 2018 section 82(5) Tribunals Powers and Procedures Legislation Act 2018
100: Appointment and term of office
1:
2: Except as otherwise provided in section 103 the Chairperson or a Deputy Chairperson the Chairperson or Deputy Chairperson
3: Any person appointed as the Chairperson or a Deputy Chairperson
4: Where the term for which the Chairperson or a Deputy Chairperson expires, the Chairperson or that Deputy Chairperson, unless sooner vacating or removed from office under section 103
a: the Chairperson or that Deputy Chairperson is reappointed; or
b: a successor to the Chairperson or that Deputy Chairperson is appointed; or
c: in the case of a Deputy Chairperson, that Deputy Chairperson is informed in writing by the Minister that the Deputy Chairperson is not to be reappointed and that a successor to that Deputy Chairperson is not to be appointed.
5: The Chairperson or a Deputy Chairperson who continues in office for any period under subsection (4) may act as the Chairperson or a Deputy Chairperson during and after that period for the purpose of—
a: completing any proceedings partly or wholly heard by the Tribunal before the Chairperson or the Deputy Chairperson ceased to hold office under subsection (4):
b: hearing any other proceedings commenced before the Chairperson or the Deputy Chairperson ceased to hold office under subsection (4).
6: The Chairperson or a Deputy Chairperson who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard. 1977 No 49 s 47B 1993 No 35 s 5(1) Section 100(1) repealed 1 January 2002 section 16 Human Rights Amendment Act 2001 Section 100(2) amended 14 November 2018 section 83(1) Tribunals Powers and Procedures Legislation Act 2018 Section 100(2) amended 14 November 2018 section 83(2) Tribunals Powers and Procedures Legislation Act 2018 Section 100(3) amended 14 November 2018 section 83(3) Tribunals Powers and Procedures Legislation Act 2018 Section 100(4) replaced 14 November 2018 section 83(4) Tribunals Powers and Procedures Legislation Act 2018 Section 100(5) inserted 14 November 2018 section 83(5) Tribunals Powers and Procedures Legislation Act 2018 Section 100(6) inserted 14 November 2018 section 83(5) Tribunals Powers and Procedures Legislation Act 2018
101: Panel
1: The Minister must maintain a panel of any number of persons that may be required to ensure—
a: the efficient and expeditious exercise of the jurisdiction of the Tribunal throughout New Zealand; and
b: the performance of other functions under this Act or any other enactment requiring the participation of members of the panel.
1A: The Minister must specify a period of up to 5 years for which a person is approved as a member of the panel.
1B: The Minister may approve the inclusion of a person on the panel for further periods of up to 5 years.
2: In considering the suitability of persons for inclusion on the panel, the Minister must have regard to the need for persons included on the panel to have between them knowledge of, or experience in,—
a: different aspects of matters likely to come before the Tribunal:
b: New Zealand law, or the law of another country, or international law, on human rights:
c: public administration, or the law relating to public administration:
d: current economic, employment, or social issues:
e: cultural issues and the needs and aspirations (including life experiences) of different communities of interest and population groups in New Zealand society.
2A: At least 3 members of the panel must be barristers or solicitors of the High Court of not less than 5 years' practice.
3: The name of a person shall be removed from the panel if—
a: the person dies or is, under the Insolvency Act 2006
b: the Minister directs that the name of the person be removed from the panel for disability affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Minister; or
c: a period of up to
d: the person requests by writing addressed to the Minister that his or her name be removed.
4: If subsection (3)(c) or (d) applies, or the period for which a person is approved as a member of the panel expires, the person may continue in office for the purpose of completing any proceedings that are partly or wholly heard. 1977 No 49 s 47C 1993 No 35 s 5(1) Section 101(1) replaced 14 November 2018 section 84(1) Tribunals Powers and Procedures Legislation Act 2018 Section 101(1A) inserted 14 November 2018 section 84(1) Tribunals Powers and Procedures Legislation Act 2018 Section 101(1B) inserted 14 November 2018 section 84(1) Tribunals Powers and Procedures Legislation Act 2018 Section 101(2) substituted 1 January 2002 section 17 Human Rights Amendment Act 2001 Section 101(2A) inserted 1 January 2002 section 17 Human Rights Amendment Act 2001 Section 101(3)(a) amended 3 December 2007 section 445 Insolvency Act 2006 Section 101(3)(c) amended 14 November 2018 section 84(2) Tribunals Powers and Procedures Legislation Act 2018 Section 101(4) replaced 14 November 2018 section 84(3) Tribunals Powers and Procedures Legislation Act 2018
101A: Functions, duties, and powers of Deputy Chairpersons
Subject to any directions issued by the Chairperson, a Deputy Chairperson of the Tribunal has all the functions, duties, and powers of the Chairperson. Section 101A inserted 14 November 2018 section 85 Tribunals Powers and Procedures Legislation Act 2018
101B: Delegation by Chairperson of Tribunal
1: The Chairperson of the Tribunal may delegate any of the Chairperson’s functions, duties, and powers to a member of the panel who—
a: the Chairperson is satisfied has the necessary capability, skills, and experience to perform or exercise those functions, duties, and powers; and
b: satisfies the criteria set out in section 99A
2: A delegation—
a: must be in writing; and
b: must be to a named person; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the Chairperson.
3: A person to whom any functions, duties, or powers are delegated may perform or exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
4: A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
5: A person to whom any functions, duties, or powers are delegated must be paid remuneration and expenses (if any) determined in accordance with section 118A Section 101B inserted 14 November 2018 section 85 Tribunals Powers and Procedures Legislation Act 2018 Section 101B(5) amended 1 December 2022 section 16 Remuneration Authority Legislation Act 2022
101C: References to Chairpersons include deputies and delegates and temporary acting Chairperson
Unless the context otherwise requires, a reference in this Act or regulations made under this Act to the Chairperson includes—
a: a Deputy Chairperson appointed under section 99AA
b: a person to whom the functions, powers, and duties of the Chairperson are delegated under section 101B
c: a temporary acting Chairperson appointed under section 102 Section 101C inserted 14 November 2018 section 85 Tribunals Powers and Procedures Legislation Act 2018
102: Appointment of temporary acting Chairperson
1: If the Chairperson of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the Chairperson considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the recommendation of the Minister, may appoint a suitable person as the acting Chairperson for the period or purpose stated in the appointment.
2: No person may be appointed as the acting Chairperson unless he or she is eligible for appointment as the Chairperson.
3: The acting Chairperson is, while acting in the position, to be treated as the Chairperson of the Tribunal.
4: No appointment of the acting Chairperson, no act done by the acting Chairperson, and no act done by the Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased. Section 102 replaced 14 November 2018 section 86 Tribunals Powers and Procedures Legislation Act 2018
103: Vacation of office by Chairperson
, temporary acting Chairperson,
1: The Chairperson, a temporary acting Chairperson,
2: The Chairperson, a temporary acting Chairperson, Insolvency Act 2006
3: The Chairperson, a temporary acting Chairperson, 1977 No 49 s 49 1993 No 35 s 5(1) Section 103 heading amended 14 November 2018 section 87(1) Tribunals Powers and Procedures Legislation Act 2018 Section 103(1) amended 14 November 2018 section 87(2) Tribunals Powers and Procedures Legislation Act 2018 Section 103(2) amended 14 November 2018 section 87(2) Tribunals Powers and Procedures Legislation Act 2018 Section 103(2) amended 3 December 2007 section 445 Insolvency Act 2006 Section 103(3) amended 14 November 2018 section 87(2) Tribunals Powers and Procedures Legislation Act 2018
103A: Orderly and efficient operation
The Chairperson of the Tribunal is responsible for making such arrangements as are practicable to ensure that, in relation to the work of the Tribunal, the Chairperson, each Deputy Chairperson and each member of the panel performs their functions—
a: in an orderly and efficient manner; and
b: in a way that achieves the purposes of this Act or any other enactment. Section 103A inserted 14 November 2018 section 88 Tribunals Powers and Procedures Legislation Act 2018
103B: Powers of Chairperson to direct constitution of Tribunal
1: The Chairperson of the Tribunal may direct, for the purposes of any particular proceedings, that the Tribunal be constituted by—
a: the Chairperson; and
b: a Deputy Chairperson; and
c: two panel members.
2: The Chairperson of the Tribunal may give a direction under subsection (1) if he or she is satisfied that—
a: the proceedings are unusually complex or difficult; or
b: it is desirable for training purposes that the Tribunal be constituted in this way. Section 103B inserted 14 November 2018 section 88 Tribunals Powers and Procedures Legislation Act 2018 Procedure of Tribunal
104: Sittings of Tribunal
1: Sittings of the Tribunal shall be held at such times and places as the Tribunal, the Chairperson, or a Deputy Chairperson
2: Any sitting may be adjourned from time to time and from place to place by the Tribunal or the Chairperson or a Deputy Chairperson
3: No sitting of the Tribunal shall take place unless all the members are present, but the decision of a majority of the members shall be the decision of the Tribunal.
4: The Chairperson or a Deputy Chairperson
4A: Despite anything in this Act to the contrary, the Tribunal or the Chairperson or a Deputy Chairperson may determine a proceeding on the papers if the Tribunal or the Chairperson or a Deputy Chairperson considers it appropriate.
4B: Before doing so, the Tribunal or the Chairperson or a Deputy Chairperson must give the parties a reasonable opportunity to comment on whether the proceeding should be dealt with in that manner.
4C: The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the Tribunal or the Chairperson or a Deputy Chairperson considers it appropriate and the necessary facilities are available.
5: The Tribunal may regulate its procedure as it thinks fit, subject to this Act and any regulations made under it, and any practice notes issued under section 121A
6: Forms for use in the Tribunal may be approved by the chief executive of the Ministry of Justice after consulting the Chairperson. 1977 No 49 s 50 1993 No 35 s 5(2) Section 104(1) amended 14 November 2018 section 89(1) Tribunals Powers and Procedures Legislation Act 2018 Section 104(2) amended 14 November 2018 section 89(2) Tribunals Powers and Procedures Legislation Act 2018 Section 104(4) amended 14 November 2018 section 89(3) Tribunals Powers and Procedures Legislation Act 2018 Section 104(4A) inserted 14 November 2018 section 89(4) Tribunals Powers and Procedures Legislation Act 2018 Section 104(4B) inserted 14 November 2018 section 89(4) Tribunals Powers and Procedures Legislation Act 2018 Section 104(4C) inserted 14 November 2018 section 89(4) Tribunals Powers and Procedures Legislation Act 2018 Section 104(5) replaced 14 November 2018 section 89(5) Tribunals Powers and Procedures Legislation Act 2018 Section 104(6) inserted 29 October 2019 section 89(6) Tribunals Powers and Procedures Legislation Act 2018
105: Substantial merits
1: The Tribunal must act according to the substantial merits of the case, without regard to technicalities.
2: In exercising its powers and functions, the Tribunal must act—
a: in accordance with the principles of natural justice; and
b: in a manner that is fair and reasonable; and
c: according to equity and good conscience. Section 105 substituted 1 January 2002 section 18 Human Rights Amendment Act 2001
106: Evidence in proceedings before Tribunal
1: The Tribunal may—
a: call for evidence and information from the parties or any other person:
b: request or require the parties or any other person to attend the proceedings to give evidence:
c: fully examine any witness:
d: receive as evidence any statement, document, information, or matter that may, in its opinion, assist to deal effectively with the matter before it, whether or not it would be admissible in a court of law.
2: The Tribunal may take evidence on oath, and for that purpose any member or officer of the Tribunal may administer an oath.
3: The Tribunal may permit a person appearing as a witness before it to give evidence by tendering a written statement and, if the Tribunal thinks fit, verifying it by oath.
4: Subject to subsections (1) to (3), the Evidence Act 2006 1977 No 49 s 52 Section 106(1) substituted 1 January 2002 section 19 Human Rights Amendment Act 2001 Section 106(4) amended 1 August 2007 section 216 Evidence Act 2006
107: Sittings to be held in public except in special circumstances
1: Except as provided by subsections (2) and (3), every hearing of the Tribunal shall be held in public.
2: The Tribunal 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: Where the Tribunal is satisfied that it is desirable to do so, the Tribunal may, of its own motion or on the application of any party to the proceedings,—
a: order that any hearing held by it be heard in private, either as to the whole or any portion thereof:
b: make an order prohibiting the publication of any report or account of the evidence or other proceedings in any proceedings before it (whether heard in public or in private) either as to the whole or any portion thereof:
c: make an order prohibiting the publication of the whole or part of any books or documents produced at any hearing of the Tribunal.
4: Every person commits an offence and is liable on 1977 No 49 s 54 Section 107(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
108: Persons entitled to be heard
1: Any person who is a party to the proceedings before the Tribunal, and any person who satisfies the Tribunal that he or she has an interest in the proceedings greater than the public generally, may appear and may call evidence on any matter that should be taken into account in determining the proceedings.
2: If any person who is not a party to the proceedings before the Tribunal wishes to appear, the person must give notice to the Tribunal and to every party before appearing.
3: A person who has a right to appear or is allowed to appear before the Tribunal may appear in person or be represented by his or her counsel or agent. Section 108(2) substituted 1 January 2002 section 20 Human Rights Amendment Act 2001
108A: Tribunal to give notice of proceedings
The Tribunal must notify the Attorney-General promptly of the bringing of proceedings before the Tribunal alleging a breach of Part 1A Part 2 section 3 Section 108A inserted 1 January 2002 section 21 Human Rights Amendment Act 2001
108B: Submissions in relation to remedies
1: Before the Tribunal grants any remedy under Part 3 section 92J
a: the implications of granting that remedy; and
b: the appropriateness of that remedy.
2: Subsection (1) does not limit any provision in Part 3 section 108 Section 108B inserted 1 January 2002 section 21 Human Rights Amendment Act 2001
109: Witness summons
1: The Tribunal may , if it considers it necessary,
2: The witness summons shall state—
a: the place where the person is to attend; and
b: the date and time when the person is to attend; and
c: the papers, documents, records, or things which that person is required to bring and produce to the Tribunal; and
d: the entitlement to be tendered or paid a sum in respect of allowances and travelling expenses; and
e: the penalty for failing to attend.
3: The power to issue a witness summons may be exercised by the Tribunal or the Chairperson or a Deputy Chairperson the Chairperson or a Deputy Chairperson Section 109(1) amended 1 January 2002 section 22 Human Rights Amendment Act 2001 Section 109(3) amended 14 November 2018 section 90 Tribunals Powers and Procedures Legislation Act 2018
110: Service of summons
1: A witness summons may be served by—
a: delivering the summons personally to the witness or, if he or she refuses to accept it, bringing it to his or her attention; or
b: delivering the summons to the witness at his or her usual place of residence by any form of prepaid delivery service that requires an acknowledgement of receipt of delivery from the witness.
2: The summons shall,—
a: where it is served under subsection (1)(a), be served at least 24 hours before the attendance of the witness is required; or
b: where it is served under subsection (1)(b), be served at least 8 working days
3: Section 110(1) replaced 14 November 2018 section 91(1) Tribunals Powers and Procedures Legislation Act 2018 Section 110(2)(b) amended 14 November 2018 section 91(2) Tribunals Powers and Procedures Legislation Act 2018 Section 110(3) repealed 14 November 2018 section 91(3) Tribunals Powers and Procedures Legislation Act 2018
111: Witnesses' allowances
1: Every witness attending before the Tribunal to give evidence pursuant to a summons shall be entitled to be paid witnesses' fees, allowances, and travelling expenses according to the scales for the time being prescribed by regulations made under the Criminal Procedure Act 2011
2: On each occasion on which the Tribunal issues a summons under section 109(1)
3: The amount fixed under subsection (2) shall be the estimated amount of the allowances and travelling expenses to which, in the opinion of the Tribunal or person, the witness will be entitled according to the prescribed scales if the witness attends at the time and place specified in the summons.
4: Where a party to the proceedings has requested the issue of the witness summons, the fees, allowances, and travelling expenses payable to the witness shall be paid by that party.
5: Where the Tribunal has of its own motion issued the witness summons, the Tribunal may direct that the amount of those fees, allowances, and travelling expenses—
a: form part of the costs of the proceedings; or
b: be paid from money appropriated by Parliament for the purpose. Section 111(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
112: Privileges and immunities
Witnesses and counsel appearing before the Tribunal shall have the same privileges and immunities as witnesses and counsel have in proceedings in the District Court Section 112 amended 1 March 2017 section 261 District Court Act 2016
113: Non-attendance or refusal to co-operate
1: Every person commits an offence who, after being summoned to attend to give evidence before the Tribunal or to produce to the Tribunal any papers, documents, records, or things, without sufficient cause,—
a: fails to attend in accordance with the summons; or
b: refuses to be sworn or to give evidence, or, having been sworn, refuses to answer any question that the person is lawfully required by the Tribunal or any member of it to answer concerning the proceedings; or
c: fails to produce any such paper, document, record, or thing.
2: Every person who commits an offence against subsection (1) is liable on
3: No person summoned to attend before a Tribunal shall be convicted of an offence against subsection (1) unless there was tendered or paid to that person travelling expenses in accordance with section 111 Section 113(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
114: Application of Contempt of Court Act 2019
1: Subpart 2 sections 25 26(1) and (2)
2: Those provisions apply to proceedings of the Tribunal as if—
a: references to a court include the Tribunal; and
b: references to a Judge include a Chairperson of the Tribunal; and
c: references to a judicial officer include a member of the Tribunal; and
d: references to an officer of the court include an officer of the Tribunal;
e: section 11(2)(b) Section 114 replaced 26 August 2020 section 29 Contempt of Court Act 2019
115: Tribunal may dismiss trivial, etc, proceedings
The Tribunal may at any time dismiss any proceedings brought under section 92B section 92E 1977 No 49 s 55 Section 115 amended 1 January 2002 section 23 Human Rights Amendment Act 2001
115A: Tribunal may strike out, determine, or adjourn proceedings
1: The Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—
a: discloses no reasonable cause of action; or
b: is likely to cause prejudice or delay; or
c: is frivolous or vexatious; or
d: is otherwise an abuse of process.
2: If a party is neither present nor represented at the hearing of a proceeding, the Tribunal may,—
a: if the party is required to be present, strike out the proceeding; or
b: determine the proceeding in the absence of the party; or
c: adjourn the hearing. Section 115A inserted 14 November 2018 section 93 Tribunals Powers and Procedures Legislation Act 2018
116: Reasons to be given
1: This section applies to the following decisions of the Tribunal:
a: a decision to grant 1 or more of the remedies described in section 92I section 92J section 95
b: a decision to make a declaration under section 97
c: a decision to dismiss proceedings brought under section 92B section 92E section 95 section 97
2: Every decision to which this section applies must be in writing and must show the Tribunal's reasons for the decision, including—
a: relevant findings of fact; and
b: explanations and findings on relevant issues of law; and
c: conclusions on matters or issues it considers require determination in order to dispose of the matter.
3: The Tribunal must notify the parties, the Attorney-General, and the Human Rights Commission of every decision of the Tribunal. Section 116 substituted 1 January 2002 section 24 Human Rights Amendment Act 2001
117: Seal of Tribunal
The Tribunal shall have a seal, which shall be judicially noticed in all courts and for all purposes. 1977 No 49 s 57
118: Members of Tribunal not personally liable
No member of the Tribunal shall be personally liable for any act done or omitted to be done by the Tribunal or any member thereof in good faith in pursuance or intended pursuance of the functions, duties, powers, or authorities of the Tribunal. 1977 No 49 s 58
118A: Remuneration of Chairperson and Deputy Chairpersons
1: The Chairperson, and each Deputy Chairperson, of the Tribunal—
a: must be paid a salary, or a fee, or an allowance, at the rate determined by the Remuneration Authority; and
b: is entitled in accordance with the fees framework to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out their office as a Chairperson or Deputy Chairperson.
2: Expenses may be incurred, without further appropriation than this section, to meet the salaries, fees, or allowances determined under subsection (1)(a). Section 118A inserted 1 December 2022 section 17 Remuneration Authority Legislation Act 2022
119: Fees of members of Tribunal
1: A member of the Tribunal appointed in accordance with section 98(b)
a: to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework; and
b: in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
2: Section 119 substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 119(1) amended 1 December 2022 section 18(1) Remuneration Authority Legislation Act 2022 Section 119(2) repealed 1 December 2022 section 18(2) Remuneration Authority Legislation Act 2022
120: Services for Tribunal
1: The Ministry of Justice
2: The cost of any services provided by the Ministry of Justice 1977 No 49 s 60 Section 120(1) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 120(2) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003
121: Enforcement
1: The following orders made by the Tribunal may, on registration of a certified copy in the District Court, be enforced in all respects as if they were an order of that court:
a: an order for the award of costs under section 92L
b: an order for the award of damages under section 92M
c: an interim order under section 95
2: Every person commits an offence and is liable on section 92I section 95 1977 No 49 s 61 Section 121(1) substituted 1 January 2002 section 25(1) Human Rights Amendment Act 2001 Section 121(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 121(2) amended 1 January 2002 section 25(2) Human Rights Amendment Act 2001
121A: Practice notes
1: The Chairperson of the Tribunal may issue practice notes as he or she considers appropriate.
2: The practice notes must not be inconsistent with this Act or any regulations made under it, and are for the guidance of the other members of the Tribunal, officers of the Tribunal, and parties before the Tribunal. Section 121A inserted 14 November 2018 section 94 Tribunals Powers and Procedures Legislation Act 2018
121B: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
a: information about the purpose of the Tribunal and how to commence a proceeding:
b: any requirements that must be met for a proceeding:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected. Section 121B inserted 29 October 2019 section 95 Tribunals Powers and Procedures Legislation Act 2018
121C: Online publication of final written decisions
1: Every final written decision of the Tribunal must be published on an Internet site as soon as practicable unless there is good reason not to publish it.
2: A final written decision may be published in part if there is good reason for not publishing the full decision.
3: Subsections (1) and (2) are subject to section 107(3)
4: Good reason not to publish a decision, or part of it, includes the following:
a: non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
b: the decision falls into a category of decisions that are of limited public value:
c: taking into account the presumption in subsection (1) in favour of publication, the Tribunal nevertheless determines that the decision or any part of it should not be published because publication or the effect of publication would be contrary to the interests of justice.
5: In this section, final written decision
a: a written reserved decision following an oral hearing:
b: a written decision in any case considered on the papers. Section 121C inserted 29 October 2019 section 95 Tribunals Powers and Procedures Legislation Act 2018
122: Stating case for High Court
1: The Tribunal may, at any time, before or during the hearing or before delivering its decision, on the application of any party to the proceedings or of its own motion, state a case for the opinion of the High Court on any question of law arising in any proceedings before the Tribunal.
1A: If, in any proceedings before the Tribunal, the validity of any regulation is questioned, the Tribunal must, unless it considers that there is no arguable case in support of the contention that the regulation is invalid, either—
a: state a case for the opinion of the High Court on the relevant question or questions of law; or
b: if the leave of the High Court is obtained, order, under section 122A(1)
2: The Tribunal shall give notice to the parties to the proceedings of the Tribunal's intention to state a case under this section, specifying the registry of the High Court in which the case is to be filed.
3: Except where the Tribunal intends to state the case of its own motion, the question shall be in the form of a special case drawn up by the parties to the proceedings, and, if the parties do not agree, to be settled by the Tribunal.
4: Where the Tribunal intends to state the case of its own motion, it shall itself state and sign a case setting forth the facts and questions of law arising for the determination of the High Court.
5: The High Court shall hear and determine any question submitted to it under this section, and shall remit the case with its opinion to the Tribunal. 1977 No 49 s 62 Section 122(1A) inserted 1 January 2002 section 26 Human Rights Amendment Act 2001
122A: Removal to High Court of proceedings or issue
1: The Tribunal may, with the leave of the High Court, order that proceedings before it under this Act, or a matter at issue in them, be removed to the High Court for determination.
2: The Tribunal may make an order under this section, with the leave of the High Court, before or during the hearing, and either on the application of a party to the proceedings or on its own initiative, but only if—
a: an important question of law is likely to arise in the proceedings or matter other than incidentally; or
b: the validity of any regulation is questioned in proceedings before the Tribunal (whether on the ground that it authorises or requires unjustifiable discrimination in circumstances where the statutory provision purportedly empowering the making of the regulation does not authorise the making of a regulation authorising or requiring unjustified discrimination, or otherwise); or
c: the nature and the urgency of the proceedings or matter mean that it is in the public interest that they or it be removed immediately to the High Court; or
d: the High Court already has before it other proceedings, or other matters, that are between the same parties and involve issues that are the same as, or similar or related to, those raised by the proceedings or matter; or
e: the Tribunal is of the opinion that, in all the circumstances, the High Court should determine the proceedings or matter.
3: Despite subsection (2), if the validity of any regulation is questioned in proceedings before the Tribunal and the leave of the High Court is obtained for the making of an order under this section, the Tribunal must make an order under this section.
4: If the Tribunal declines to remove proceedings, or a matter at issue in them, to the High Court (whether as a result of the refusal of the High Court to grant leave or otherwise), the party applying for the removal may seek the special leave of the High Court for an order of the High Court that the proceedings or matter be removed to the High Court and, in determining whether to grant an order of that kind, the High Court must apply the criteria stated in subsection (2)(a) to (d).
5: An order for removal to the High Court under this section may be made subject to any conditions the Tribunal or the High Court, as the case may be, thinks fit.
6: Nothing in this section limits section 122 Section 122A inserted 1 January 2002 section 27 Human Rights Amendment Act 2001
122B: Proceedings or issue removed to High Court
1: If the Tribunal, acting under section 122A section 122A(2)(b)
2: If the Tribunal, under section 122A
a: the High Court must determine the proceedings or matter and may exercise any power that the Tribunal could have exercised in, or in relation to, the proceedings or matter; and
b: a party to the proceedings may, under section 124 Section 122B inserted 1 January 2002 section 27 Human Rights Amendment Act 2001
123: Appeals to High Court
1: Where any party is dissatisfied with any interim order made by the Chairperson or a Deputy Chairperson section 95
2: A party to a proceeding under section 92B section 92E
a: dismissing the proceeding; or
b: granting 1 or more of the remedies described in section 92I
c: granting the remedy described in section 92J
d: refusing to grant the remedy described in section 92J
e: constituting a final determination of the Tribunal in the proceeding.
2A: For the purposes of subsection (2)(d), the Tribunal does not in a proceeding refuse to grant the remedy described in section 92J
a: a party to the proceeding expressly applies to the Tribunal for the remedy in relation to a particular enactment; and
b: the Tribunal does not grant the remedy in relation to that enactment.
3: Where any party is dissatisfied with any decision of the Tribunal making a declaration under section 97
4: Every appeal under this section shall be made by giving notice of appeal within 22 working days
5: In determining any appeal under this section the High Court shall have the powers conferred on the Tribunal by sections 105 106
6: In its determination of any appeal, the court may—
a: confirm, modify, or reverse the order or decision appealed against, or any part of that order or decision:
b: exercise any of the powers that could have been exercised by the Tribunal in the proceedings to which the appeal relates.
7: Notwithstanding anything in subsection (6), the court may in any case, instead of determining any appeal, refer to the Tribunal, in accordance with the rules of court, for further consideration by the Tribunal, the whole or any part of the matter to which the appeal relates.
8: Subject to the provisions of this Act, the procedure in respect of any such appeal shall be in accordance with the rules of court.
9: Notice of appeal shall not operate as a stay of proceedings in respect of the decision to which the appeal relates unless the Tribunal or the High Court so orders. 1977 No 49 s 63 Section 123(1) amended 14 November 2018 section 96(1) Tribunals Powers and Procedures Legislation Act 2018 Section 123(2) substituted 1 January 2004 section 47 Supreme Court Act 2003 Section 123(2A) inserted 1 January 2004 section 47 Supreme Court Act 2003 Section 123(4) amended 14 November 2018 section 96(2) Tribunals Powers and Procedures Legislation Act 2018
124: Appeal to Court of Appeal on a question of law
1: Any party to any proceedings before the High Court under this Act may, with the leave of the High Court, appeal to the Court of Appeal against any determination of the High Court on a question of law arising in those proceedings: provided that, if the High Court refuses to grant leave to appeal to the Court of Appeal, the Court of Appeal may grant special leave to appeal.
2: A party desiring to appeal to the Court of Appeal under this section shall, within 15 working days
3: Where the High Court refuses leave to any party to appeal to the Court of Appeal under this section, that party may, within 15 working days
4: On any appeal to the Court of Appeal under this section, the Court of Appeal shall have the same power to adjudicate on the proceedings as the High Court had.
5: The same judgment must be entered in the High Court, and the same execution and other consequences and proceedings must follow on it, as if the decision of the Court of Appeal on an appeal under this section had been given in the High Court.
6: The decision of the Court of Appeal on any application to that court for leave to appeal shall be final. 1977 No 49 s 64 Section 124(2) amended 14 November 2018 section 97(1) Tribunals Powers and Procedures Legislation Act 2018 Section 124(3) amended 14 November 2018 section 97(2) Tribunals Powers and Procedures Legislation Act 2018 Section 124(5) substituted 1 January 2004 section 47 Supreme Court Act 2003
125: Costs of appeal
The High Court shall have power to make such order as to the whole or any part of the costs of an appeal under section 123 1977 No 49 s 65
126: Additional members of High Court for purposes of Act
1: For the purpose of the exercise by the High Court of its jurisdiction and powers—
a: under section 92T
b: under section 123 there shall be 2 additional members of the court who shall be persons appointed by a Judge of the court for the purposes of the hearing or appeal from the panel maintained by the Minister under section 101
2: Before entering upon the exercise of the duties of their office, the additional members shall take an oath before a Judge of the High Court that they will faithfully and impartially perform the duties of their office.
3: The presence of a Judge of the High Court and of at least 1 additional member shall be necessary to constitute a sitting of the court.
4: The decision of a majority (including the Judge, or, where more than 1 Judge sits, including a majority of the Judges) of the members present at a sitting of the court shall be the decision of the court. If the members present are equally divided in opinion, the decision of the Judge, or of a majority of the Judges, shall be the decision of the court.
5: If any question before the court cannot be decided in accordance with subsection (4), the question shall be referred to the Court of Appeal for decision in accordance with the practice and procedure of that court, which for the purpose shall have all the powers of the court under this Act. The decision of the Court of Appeal in any proceedings under this subsection shall be final and shall take effect and be entered as if it were a decision of the court under this Act.
6: An additional member is entitled—
a: to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework; and
b: in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
7: For the purposes of subsection (6), fees framework 1977 No 49 s 66 1991 No 60 s 3(4) Section 126(1)(a) amended 1 January 2002 section 29(a) Human Rights Amendment Act 2001 Section 126(1)(b) amended 1 January 2002 section 29(b) Human Rights Amendment Act 2001 Section 126(6) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 126(7) added 25 January 2005 section 200 Crown Entities Act 2004
5: Powers in relation to
inquiries Part 5 heading amended 1 January 2002 section 30 Human Rights Amendment Act 2001
126A: Evidence order
1: Any District Court Judge who is satisfied, on an application made by the Commission in accordance with subsection (3), that any person can provide information, documents, or things, or give evidence, that will or may be relevant to a specified inquiry, may make an order—
a: requiring that person to produce to the Commission any information, or documents, or things specified in the order; or
b: requiring that person to give evidence to the Commission about matters that, in the opinion of the District Court Judge, are relevant to the inquiry.
2: If an order is made under subsection (1)(a), the District Court Judge may, as a condition of the order, require the Commission to reimburse the person who is the subject of the order for the actual and reasonable expenses incurred by that person in complying with the order or in producing any specified class of information, documents, or things.
3: An application by the Commission for an order under subsection (1) must be in writing and must—
a: set out the reasons why the order is sought; and
b: if an order is sought under subsection (1)(a), set out the information, documents, or things in respect of which the order is sought; and
c: explain why the information, documents, things, or evidence in question will or may be relevant to the inquiry.
4: In this section, specified inquiry section 5(2)(h)
5: For the avoidance of doubt, nothing in this section requires the Commission in the exercise of its inquiry function under section 5(2)(h) Section 126A inserted 1 January 2002 section 31 Human Rights Amendment Act 2001 Section 126A(5) inserted 15 June 2016 section 15 Human Rights Amendment Act 2016
127: Evidence
1: The Commission may, by notice in writing, require any person who is the subject of an order under section 126A(1)(a)
2: The Commission may summon before it, and examine on oath, any person who is subject to an order under section 126A(1)(b)
3: Every such examination by a Commission section 108 1977 No 49 s 73(1), (2) Section 127(1) substituted 1 January 2002 section 32 Human Rights Amendment Act 2001 Section 127(2) substituted 1 January 2002 section 32 Human Rights Amendment Act 2001 Section 127(3) amended 1 January 2002 section 32 Human Rights Amendment Act 2001
128: Protection and privileges of witnesses, etc
1: Every person shall have the same privileges in relation to the giving of information to, the answering of questions put by, and the production of documents and things to, a Commission
2: No person shall be required to supply any information to or to answer any question put by a Commission Commission any legislation Official Information Act 1982
3: No person shall be liable to prosecution for an offence against any enactment, other than section 143 Commission section 127
4: Where the attendance of any person is required by a Commission section 127
a: the provisions of any regulations in that behalf under the Criminal Procedure Act 2011
b: the Commission 1977 No 49 s 73(3), (4), (6), (7) Section 128(1) amended 1 January 2002 section 33 Human Rights Amendment Act 2001 Section 128(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 128(2) amended 1 January 2002 section 33 Human Rights Amendment Act 2001 Section 128(3) amended 1 January 2002 section 33 Human Rights Amendment Act 2001 Section 128(4) amended 1 January 2002 section 33 Human Rights Amendment Act 2001 Section 128(4)(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 128(4)(b) amended 1 January 2002 section 33 Human Rights Amendment Act 2001
129: Disclosure of certain matters not to be required
1: Where—
a: the Prime Minister certifies that the giving of any information or the answering of any question or the production of any document or thing might prejudice the security, defence, or international relations of New Zealand (including New Zealand's relations with the government of any other country or with any international organisation); or
b: the Attorney-General certifies that the giving of any information or the answering of any question or the production of any document or thing—
i: might prejudice the prevention, investigation, or detection of offences; or
ii: might involve the disclosure of proceedings of Cabinet, or any committee of Cabinet, relating to matters of a secret or confidential nature, and such disclosure would be injurious to the public interest,— the Commission
2: Subject to the provisions of subsection (1), the rule of law which authorises or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest shall not apply in respect of any investigation by a Commission 1977 No 49 s 74 Section 129(1) amended 1 January 2002 section 34 Human Rights Amendment Act 2001 Section 129(2) amended 1 January 2002 section 34 Human Rights Amendment Act 2001
130: Proceedings privileged
1: Sections 120 to 126 section 131
2: No proceedings under section 131 relevant person
2A: Sections 122 to 126
2B: No relevant person can be required to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions.
3: Nothing in subsection (2) applies in respect of proceedings for—
a: an offence against section 78 78AA(1) 78A(1) 105 105A 105B
b: the offence of attempting or conspiring to commit an offence against section 78 78AA(1) 78A(1) 105 105A 105B
4: Anything said or any information supplied or any document or thing produced by any person in the course of any inquiry
5: For the purposes of clause 3 1971 No 150 s 20 1977 No 49 s 76 1982 No 156 s 50 1991 No 126 s 29 1993 No 35 s 6 Section 130(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 130(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 130(2A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 130(2B) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 130(3)(a) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 130(3)(b) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 130(4) amended 1 January 2002 section 35(b) Human Rights Amendment Act 2001
6: Inciting racial disharmony
131: Inciting racial disharmony
1: Every person commits an offence and is liable on conviction
a: publishes or distributes written matter which is threatening, abusive, or insulting, or broadcasts by means of radio or television words which are threatening, abusive, or insulting; or
b: uses in any public place (as defined in section 2(1) being matter or words likely to excite hostility or ill-will against, or bring into contempt or ridicule, any such group of persons in New Zealand on the ground of the colour, race, or ethnic or national origins of that group of persons.
2: For the purposes of this section, publishes distributes written matter section 61 1971 No 150 s 25 1977 No 49 s 86 Section 131(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
132: No prosecution without Attorney-General's consent
No prosecution for an offence against section 131 1971 No 150 s 26
7: Miscellaneous provisions
133: Licences and registration
1: Where any person is licensed or registered under any enactment to carry on any occupation or activity or where any premises or vehicle are registered or licensed for any purpose under any enactment, and where the person or other authority authorised to renew, revoke, cancel, or review any such licence or registration is satisfied—
a: that in the carrying on of the occupation or activity; or
b: that in the use of the premises or vehicle,— there has been a breach of any of the provisions of Part 2
2: Any procedural requirements of the enactment, including any whereby a complaint is a prerequisite to the exercise by the person or authority of its powers under the enactment, shall be observed.
3: In any case in which any of the powers conferred by subsection (1) are exercised,—
a: the person or authority shall in giving its decision state that the decision is being made pursuant to subsection (1); and
b: any person who would have been entitled to appeal against that decision if it had been made on other grounds shall be entitled to appeal against the decision made pursuant to subsection (1).
4: 1971 No 150 s 23 Section 133(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
134: Access by the public to places, vehicles, and facilities
1: Every person commits an offence who—
a: refuses to allow any other person access to or use of any place or vehicle which members of the public are entitled or allowed to enter or use; or
b: refuses any other person the use of any facilities in that place or vehicle which are available to members of the public; or
c: requires any other person to leave or to cease to use that place or vehicle or those facilities,— when that refusal or requirement is in breach of any of the provisions of Part 2
2: Every person who commits an offence against this section is liable on
3: In this section, the term vehicle 1971 No 150 s 24 1977 No 49 s 86 Section 134(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
135: No prosecution without Attorney-General's consent
No prosecution for an offence against section 134 1971 No 150 s 26
136: Condition in restraint of marriage
, civil union, or de facto relationship A condition, whether oral or contained in a deed, will, or other instrument, which restrains or has the effect of restraining a person from marrying or entering into a civil union or de facto relationship or enter into a civil union or de facto relationship with 1971 No 150 s 27(1) Section 136 heading amended 20 September 2007 section 4(1) Human Rights Amendment Act 2007 Section 136 amended 20 September 2007 section 4(2) Human Rights Amendment Act 2007 Section 136 amended 20 September 2007 section 4(3) Human Rights Amendment Act 2007
137: Advisors to be officials
1: Every person engaged by the Commission in connection with its work is an official for the purposes of sections 105 105A
2: This section does not limit section 135 Section 137 substituted 25 January 2005 section 200 Crown Entities Act 2004
138: No adverse statement
The Commission must not 1977 No 49 s 78(2) 1991 No 126 s 32 Section 138 amended 1 January 2002 section 36 Human Rights Amendment Act 2001
139: Restriction on delegation
1: The Commission may not delegate the powers or functions in section 7 section 76
2: In other respects, section 73 Section 139 substituted 25 January 2005 section 200 Crown Entities Act 2004
140: Delegation of powers by
Chief Commissioner
1: The Chief Human Rights Commissioner any of the Chief Commissioner's
2: A delegation under this section—
a: may be made to a specified person or to the holder for the time being of a specified office or to the holders of offices of a specified class; and
b: may be made subject to any restrictions or conditions the Chief
c: may be made either generally or in relation to any particular case or class of cases; and
d: is revocable at will and, until revoked, continues in force according to its tenor.
3: If a function or power is delegated under this section, the performance or exercise of the function or power must not be inconsistent with determinations of the Commission under section 7
4: If a function or power is delegated under this section and the Chief
5: A person purporting to exercise a function or power of the Chief Commissioner
6: Sections 62 to 72
7: Sections 74 to 76 1977 No 49 s 80 Section 140 substituted 1 January 2002 section 37 Human Rights Amendment Act 2001 Section 140 heading amended 15 June 2016 section 16(1) Human Rights Amendment Act 2016 Section 140(1) amended 15 June 2016 section 16(2)(a) Human Rights Amendment Act 2016 Section 140(1) amended 15 June 2016 section 16(2)(b) Human Rights Amendment Act 2016 Section 140(2)(b) amended 15 June 2016 section 16(3) Human Rights Amendment Act 2016 Section 140(4) amended 15 June 2016 section 16(4) Human Rights Amendment Act 2016 Section 140(5) amended 15 June 2016 section 16(5) Human Rights Amendment Act 2016 Section 140(6) added 25 January 2005 section 200 Crown Entities Act 2004 Section 140(7) added 25 January 2005 section 200 Crown Entities Act 2004
141: Annual report
Section 141 repealed 25 January 2005 section 200 Crown Entities Act 2004
141A: Certain acts not to be questioned
Section 141A repealed 15 June 2016 section 17(1) Human Rights Amendment Act 2016
142: Money to be appropriated by Parliament for purposes of this Act
Section 142 repealed 25 January 2005 section 200 Crown Entities Act 2004
143: Offences
Every person commits an offence against this Act and is liable on
a: without lawful justification or excuse, wilfully obstructs, hinders, or resists the Commission or a Commissioner or any other person in the exercise of its or his or her powers under this Act:
b: without lawful justification or excuse, refuses or wilfully fails to comply with any lawful requirement of the Commission or a Commissioner or any other person under this Act:
c: makes any false statement knowing it to be false or intentionally misleads or attempts to mislead the Commission or a Commissioner or any other person in the exercise of its or his or her powers under this Act. 1971 No 150 s 29 1977 No 49 s 84 Section 143 amended 1 July 2013 section 413 Criminal Procedure Act 2011
144: 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 under this Act in respect of complaints to and proceedings before the Commission
b: prescribing forms for the purposes of this Act, and requiring the use of such forms:
c: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: For the avoidance of doubt, it is hereby declared that the power conferred by subsection (1) to make regulations in respect of proceedings before the Tribunal includes power to make regulations in respect of proceedings in connection with the exercise or performance of any function, power, or duty conferred or imposed on the Tribunal by or under any other enactment.
3: Regulations under this section are secondary legislation ( see Part 3 1977 No 49 s 85(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 144(1)(a) amended 1 January 2002 section 39 Human Rights Amendment Act 2001 Section 144(2) added 21 October 1994 section 82 Health and Disability Commissioner Act 1994 Section 144(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
145: Related amendments to other enactments
Section 145 repealed 1 January 2002 section 40 Human Rights Amendment Act 2001
146: Repeals
Section 146 repealed 1 January 2002 section 40 Human Rights Amendment Act 2001
147: Revocation
Section 147 repealed 1 January 2002 section 40 Human Rights Amendment Act 2001 Transitional provisions Heading substituted 1 January 2002 section 40 Human Rights Amendment Act 2001
148: Former office of Commissioner abolished
1: The office of Commissioner under section 7(1)
2: No person is entitled to compensation for loss of office as a Commissioner under subsection (1). Section 148 substituted 1 January 2002 section 40 Human Rights Amendment Act 2001
148A: Certain former Commissioners to be transitional members of Commission
1: The person who, immediately before the commencement of this section, held office as Chief Commissioner under section 7(1)(a) section 8(1)(a) section 5
2: The person who, immediately before the commencement of this section, held office as the Race Relations Conciliator is taken to have been appointed to the office of Race Relations Commissioner under section 8(1)(b) section 5
3: Every person who, immediately before the commencement of this section, held office as Commissioner under section 7(1)(e) section 8(1)(d) section 5
4: The Privacy Commissioner appointed under the Privacy Act 2020 section 7(1)(d) Human Rights Amendment Act 2001
5: Every person who is taken to have been appointed to the office of Commissioner under this section is appointed on the same terms and conditions and for the remainder of the term for which the person was appointed under section 7(1) Section 148A inserted 1 January 2002 section 40 Human Rights Amendment Act 2001 Section 148A(4) amended 1 December 2020 section 217 Privacy Act 2020 Race Relations Conciliator Heading inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148B: Assets and liabilities vest in Commission
On the commencement of this section, the assets and liabilities of the Race Relations Conciliator vest in the Commission. Section 148B inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148C: References to Race Relations Conciliator
1: From the commencement of this section, unless the context otherwise requires, every reference to the Race Relations Conciliator in any instrument, document, or notice is to be read as a reference to the Race Relations Commissioner.
2: Despite subsection (1), every reference to the Race Relations Conciliator in any contract or other instrument, document, or notice that creates, or is evidence of, an asset or liability, must be read as a reference to the Commission. Section 148C inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148D: Proceedings
Any proceedings to which the Race Relations Conciliator was a party or that he or she was considering bringing, before the commencement of this section, may be brought, continued, completed, and enforced by or against the Commission. Section 148D inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148E: Commission to arrange final audited accounts
The Commission must perform the duties that the Race Relations Conciliator would have had to perform under section 41 Human Rights Amendment Act 2001 Section 148E inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148F: All employees transferred to Commission
1: Every person employed by the Race Relations Conciliator immediately before the commencement of this section is, on and from that date, an employee of the Commission on the same terms and conditions that applied to the employee immediately before that date.
2: For the purposes of every enactment, law, contract, and agreement relating to the employment of the employee,—
a: the contract of employment of that employee is taken to be unbroken; and
b: the employee's period of service with the Race Relations Conciliator and every other period of service of that employee that is recognised by the Race Relations Conciliator as continuous service is taken to have been a period of service with the Commission.
3: A person to whom subsection (1) applies is not entitled to any compensation just because the person has ceased to be an employee of the Race Relations Conciliator. Section 148F inserted 1 January 2002 section 40 Human Rights Amendment Act 2001 Proceedings Commissioner Heading inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148G: Proceedings Commissioner
1: The person who, immediately before the commencement of this section, held office as the Proceedings Commissioner under section 7(1)(d) section 20A section 5
2: The Director of Human Rights Proceedings is appointed on the same terms and conditions and for the remainder of the term for which he or she was appointed Proceedings Commissioner. Section 148G inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148H: References to Proceedings Commissioner
From the commencement of this section, unless the context otherwise requires, every reference to the Proceedings Commissioner in any instrument, document, or notice is to be read as a reference to the Director. Section 148H inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148I: Proceedings to which Proceedings Commissioner party
1: Proceedings to which the Proceedings Commissioner was a party or that he or she was considering bringing, before the commencement of this section—
a: must be brought, continued, completed, and enforced by the Director; and
b: may be brought, continued, completed, and enforced against the Director.
2: Sections 86 to 92 95 97
a: the Director were the Proceedings Commissioner; and
b: the Office of Human Rights Proceedings were the Commission; and
c: the Human Rights Review Tribunal were the Complaints Review Tribunal. Section 148I inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148J: Complaints referred to Proceedings Commissioner for decision as to proceedings
1: Subsection (2) applies—
a: if a complaint is referred to the Proceedings Commissioner under section 75(g)
b: if the Proceedings Commissioner was required to decide whether to institute proceedings against a party to a settlement under section 82(1)(c)
2: If this subsection applies,—
a: if the Commissioner has not made a decision on whether to institute proceedings, the Director must decide, under section 90(1)(c)
b: if the Commissioner has made a decision to institute proceedings, the Director must provide representation for the complainant or aggrieved party (as the case may be) in the proceedings:
c: if the Commissioner has made a decision not to institute proceedings, that decision is deemed to have been made by the Director. Section 148J inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148K: Transfer of employees from Commission to Office
1: The Commission and the Office of Human Rights Proceedings may, after consulting the employee concerned, agree to the transfer of an employee from the Commission to the Office of Human Rights Proceedings on the same terms and conditions that applied to the employee immediately before the date of transfer.
2: For the purposes of every enactment, law, contract, and agreement relating to the employment of the employee,—
a: the contract of employment of that employee is taken to have been unbroken; and
b: the employee's period of service with the Commission, and every other period of service of that employee that is recognised by the Commission as continuous service, is taken to have been a period of service with the Office of Human Rights Proceedings.
3: An employee of the Commission who is transferred to the Office of Human Rights Proceedings under subsection (1) is not entitled to any compensation just because—
a: the position held by the employee with the Commission has ceased to exist; or
b: the person has ceased (as a result of the transfer) to be an employee of the Commission. Section 148K inserted 1 January 2002 section 40 Human Rights Amendment Act 2001 Complaints Division Heading inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148L: Complaints Division abolished
The Complaints Division of the Commission is abolished. Section 148L inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148M: Outstanding complaints to be dealt with by Commission under new procedure
1: A complaint lodged with the Complaints Division before the commencement of this Act must be dealt with by the Commission under Part 3 section 9 section 76(2)(a)
2: For the purposes of subsection (1),—
a: if the Complaints Division has called a conciliation conference under section 80(1)
b: if section 79(2)
3: Despite subsection (1), if, in relation to a complaint, the Complaints Division has decided not to investigate the complaint further under section 76(1) section 77(1)(a) Section 148M inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148N: Breaches of Part 1A
No act or omission that occurred before 1 January 2002 is capable of being in breach of Part 1A
a: the act or omission continues on or after 1 January 2002; or
b: in the case of an enactment, the enactment is in force on or after 1 January 2002. Section 148N inserted 1 January 2002 section 40 Human Rights Amendment Act 2001
148O: Complaints about breaches of Part 1A
1: Despite section 76 Part 1A
2: The Commission is not under a duty to receive or assess any complaint alleging that an act or omission that occurred before 1 January 2002 and that ceased to continue or to be in force before 1 January 2002 is in breach of Part 1A Section 148O inserted 1 January 2002 section 40 Human Rights Amendment Act 2001 Savings
149: Special provisions in relation to written employment contracts in force on 1 April 1992
1: This section applies to every employment contract (whether a collective employment contract or an individual employment contract) that—
a: is in writing; and
b: was in force on 1 April 1992; and
c: specifies an age at which an employee is required to retire.
2: Where the parties to an employment contract to which this section applies agree in writing, at any time on or after 1 April 1992, to confirm or vary the age specified in the employment contract, the age, as so confirmed or varied, shall have effect notwithstanding section 22
3: Where the parties to an employment contract to which this section applies have not agreed in writing to confirm or vary the age specified in the employment contract, section 22
4: Where, as at 1 April 1992, the age at which an employer is required to retire, under a term of that employee's employment contract, was specified only in a document that sets out the employer's policy on the retirement ages of the employer's employees or any of them, this section shall not apply in relation to that employee's employment contract. 1977 No 49 s 15C 1992 No 16 s 4
150: Charitable instruments
1: Nothing in this Act shall apply—
a: to any provision in an existing or future will, deed, or other instrument where that provision confers charitable benefits, or enables charitable benefits to be conferred, on persons against whom discrimination is unlawful by virtue of Part 2
b: to any act done in order to comply with any provision described in paragraph (a).
2: For the purposes of this section, charitable benefits 1971 No 150 s 36(1) 1977 No 49 s 91(1) 1983 No 56 s 18(1)
151: Other enactments and actions not affected
Section 151 repealed 1 January 2002 section 41 Human Rights Amendment Act 2001
152: Expiry of section 151
Section 152 repealed 1 January 2002 section 41 Human Rights Amendment Act 2001
153: Savings
1: Nothing in this Act affects that may be brought other than under this Act must
2: Subject to subpart 5 Part 2
3: Nothing in this Act shall affect any enactment or rule of law, or any policy or administrative practice of the Government of New Zealand, that—
a:
b: distinguishes between New Zealand citizens and other persons, or between British subjects or Commonwealth citizens and aliens.
4: 1971 No 150 s 37 1977 No 49 ss 86, 93 Section 153(1) amended 1 January 2002 section 42(1)(a) Human Rights Amendment Act 2001 Section 153(1) amended 1 January 2002 section 42(1)(b) Human Rights Amendment Act 2001 Section 153(1) amended 1 January 2002 section 42(1)(c) Human Rights Amendment Act 2001 Section 153(2) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 153(3)(a) repealed 1 January 2002 section 42(2) Human Rights Amendment Act 2001 Section 153(4) repealed 1 January 2002 section 42(2) Human Rights Amendment Act 2001 |
DLM302646 | 1993 | Social Security Amendment Act (No 3) 1993 | 1: Short Title
This Act may be cited as the Social Security Amendment Act (No 3) 1993, and shall be read together with and deemed part of the Social Security Act 1964
2:
3:
4: Right of appeal
1:
2:
3: Section 4 Social Security Amendment Act 1978
4: Subsections (2) (3) Subsection (1) repealed 17 September 1997 6(4)(e) Social Security Amendment Act (No 4) 1997
5: Abolition of miners' benefits
1: Sections 47 to 53
2: Schedule 7 section 12(1) Social Security Amendment Act 1983
3:
4: The following enactments are hereby consequentially repealed:
a: Section 12 Social Security Amendment Act 1986
b: Section 27 Social Security Amendment Act 1991
5: The Social Security (Rates of Benefits) Order 1992 (SR 1992/57) Schedule 1 Schedule 7
6: Notwithstanding the provisions of this section, if, immediately before the commencement of this section, a person is in receipt of a miner's benefit under section 47 section 53
6:
7:
8: Section 8 repealed 1 January 1998 13(3)(1) Social Security Amendment Act (No 4) 1997
9: Maintenance payable to Crown
1: This subsection inserted section 61CA
2: Notwithstanding the repeal of section 27F section 6(1) of the Social Security Amendment Act (No 5) 1991
10: New sections substituted
1: This subsection repealed sections 61E 61F sections 61E 61EA-61EC
2: The following enactments are hereby consequentially repealed:
a: Section 24 Social Security Amendment Act 1987
b: Sections 16 and 17 of the Social Security Amendment Act (No 2) 1988
c: Section 35(1) Finance Act 1989
d: Section 14(6) Social Welfare (Transitional Provisions) Act 1990
e: Section 22 Social Security Amendment Act 1991
f: Section 3 of the Social Security Amendment Act (No 3) 1992
3: Notwithstanding the provisions of subsections (1) (2) subsections (1) (2) sections 11 34
4: While any person is receiving an accommodation benefit pursuant to subsection (3)
5: This section shall come into force on the 1st day of July 1993.
11:
12:
13:
14:
15: Financial means assessment of people requiring residential care disability services
1: This subsection inserted sections 69E 69F
2: Any agreement the Director-General entered into with a person that—
a: Required that person to repay, as a loan, any amount of rest home subsidy that was paid in respect of that person under the rest home subsidy welfare programme approved by the Minister under section 124(1)(d)
b: Was in force immediately before the 1st day of July 1993— shall be deemed to remain in force and to be an agreement to repay any amount of the cost of the residential care disability services paid under the Health and Disability Services Act 1993 New Zealand Public Health and Disability Act 2000 under the Health and Disability Services Act 1993 New Zealand Public Health and Disability Act 2000 Subsection (2) amended 1 January 2001 111(1) New Zealand Public Health and Disability Act 2000 by substituting the words under the Health and Disability Services Act 1993 New Zealand Public Health and Disability Act 2000 by a purchaser'
16:
17:
18:
19:
20: Section 20 repealed 1 April 1997 Social Security Amendment Act 1996
21: Section 21 repealed 1 April 1997 Social Security Amendment Act 1996
22: Effect of certain sections on entitlement to supplementary benefits
1:
2:
3: Section 22(1) repealed 1 April 1997 Social Security Amendment Act 1996
23:
24:
25:
26:
27:
28:
29:
30:
31:
32:
33:
34:
35: |
DLM328310 | 1993 | Land Transfer Amendment Act 1993 | 1: Short Title and commencement
1: This Act may be cited as the Land Transfer Amendment Act 1993, and shall be read together with and deemed part of the Land Transfer Act 1952
2: This Act shall come into force on the 1st day of July 1994.
2:
3: Companies Amendment Act 1964 repealed
The Companies Amendment Act 1964
4:
5: Special provisions applying to implied term of grant of right to use land or buildings by company to shareholder
Section 5 repealed 5 December 2013 section 14 Companies Amendment Act 2013 |
DLM301654 | 1993 | Criminal Justice Amendment Act 1993 | 1: Short Title and commencement
1: This Act may be cited as the Criminal Justice Amendment Act 1993, and shall be read together with and deemed part of the Criminal Justice Act 1985
2: This Act shall come into force on the 1st day of September 1993.
2:
3: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
4: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
5: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
6: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
7: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
8: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
9: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
10: Section 10 repealed 1 January 1998 Criminal Justice Amendment Act (No 2) 1997
11: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
12: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
13: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
14: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
15: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
16: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
17: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
18: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
19: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
20: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
21: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
22: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
23: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
24: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
25: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
26: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
27: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
28: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
29: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
30: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
31: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
32: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
33: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
34: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
35: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
36: Section 36 repealed 1 January 1998 Criminal Justice Amendment Act (No 2) 1997
37: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
38: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
39: Minimum periods of imprisonment
Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
40: Period on remand to be taken as time served
Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
41: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
42: Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
43: New
Part 6 Sections 3 43 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
44: Probation officers
1:
2:
3: In any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document whatever in force at the commencement of this Act, every reference to a district probation officer shall, unless the context otherwise requires, be hereafter read as a reference to a Manager Community Corrections.
45: Section 45 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
46:
47: Establishment of periodic detention centres
1:
2:
3:
4:
5: In any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document whatever in force at the commencement of this section, every reference to a work centre or reporting centre shall, unless the context otherwise requires, be hereafter read as a reference to a periodic detention centre.
6: Every place which, immediately before the commencement of this section, is designated as a work centre or as a reporting centre under the principal Act, shall hereafter be deemed to be a periodic detention centre.
48:
49: Sections 49 50 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
50: Sections 49 50 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
51: Criminal Justice Advisory Councils abolished
Section 51 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
52:
53: Amendment to
Legal Services Act 1991 Section 53 repealed 1 February 2001 127(1)(c) 128 Legal Services Act 2000
54:
55: Amendment to
Privacy Act 1993 Section 55 repealed 1 July 1995 11(2)(a) Department of Justice (Restructuring) Act 1995 Transitional provisions
56: Application of courts' new powers
Sections 56 62 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
57: Application of Act to offenders on parole and remission
Sections 56 62 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
58: Application of changes to parole and remission on existing offenders
Sections 56 62 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
59: Certain existing conditions to continue
Sections 56 62 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
60: Application to
section 107A Sections 56 62 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
61: Recall proceedings
Sections 56 62 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002
62: Offenders not to be disadvantaged
Sections 56 62 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 See clause 2 Sentencing Act Commencement Order 2002 |
DLM314622 | 1993 | Biosecurity Act 1993 | 1: Short Title and commencement
1: This Act may be cited as the Biosecurity Act 1993.
2: This Act shall come into force on 1 October 1993.
1: Preliminary
2: Interpretation
1: In this Act, unless the context otherwise requires,— accredited person section 103(7) appointer approved approved identification section 50 arrive in New Zealand
a: in relation to an aircraft, means to land (whether or not on land) in New Zealand territory after a flight originating outside New Zealand territory:
b: in relation to any other craft, means to anchor, berth, or come ashore in New Zealand territory after a voyage originating outside New Zealand territory:
c: in relation to a person, means to reach land within New Zealand territory after a flight or voyage originating outside New Zealand territory:
d: in relation to goods, means to reach land within New Zealand territory after a flight or voyage originating outside New Zealand territory arrive in the EEZ Part 8A auditor sections 105C to 105F section 105B authorised person section 103 Authority section 7 automated electronic system section 142F biosecurity clearance section 26 biosecurity control area
a: part of a port approved as a place of first arrival in accordance with section 37(1)
b: by written agreement with the port's operator, under the control of the Director-General for the purposes of this Act biosecurity database section 142A biosecurity law
a: this Act:
b: regulations:
c: instruments made under Part 5
d: any thing done under this Act that applies generally:
e: any thing done under this Act that applies specifically to a person border infringement offence chief executive Public Service Act 2020 chief technical officer section 101 compliance order section 154 consultation consult containment condition that is still operative section 13(2)(ab)(i) of the Animals Act 1967
a: in the case of a condition requiring an organism to be held indefinitely, where the condition has not before that time been revoked; and
b: in the case of a condition requiring an organism to be held for a specified period, where the period has not before that time expired; and
c: in the case of a condition requiring an organism to be held until the happening of a specified event, where the event has not before that time happened containment facility section 39 controlled area subsection (2) of section 131 conveyance costs and benefits craft
a: means an aircraft, ship, boat, or other machine or vessel used or able to be used for the transport of people or goods, or both, by air or sea; and
b: includes—
i: an oil rig; and
ii: a structure or installation that is imported by being towed through the sea craft risk management plan section 24K craft risk management standard section 24G department section 5 Director-General EEZ Part 8A effects sections 12A 12B Part 5
a: include the following, regardless of scale, intensity, duration, or frequency:
i: a positive or adverse effect; and
ii: a temporary or permanent effect; and
iii: a past, present, or future effect; and
iv: a cumulative effect that arises over time or in combination with other effects; and
b: also include the following:
i: a potential effect of high probability; and
ii: a potential effect of low probability that has a high potential impact environment
a: ecosystems and their constituent parts, including people and their communities; and
b: all natural and physical resources; and
c: amenity values; and
d: the aesthetic, cultural, economic, and social conditions that affect or are affected by any matter referred to in paragraphs (a) to (c) facility operator section 40 good neighbour rule
a: it applies to an occupier of land and to a pest or pest agent that is present on the land; and
b: it seeks to manage the spread of a pest that would cause costs to occupiers of land that is adjacent or nearby; and
c: it is identified in a regional pest management plan as a good neighbour rule; and
d: it complies with the directions in the national policy direction relating to the setting of good neighbour rules goods import section 2A import health standard section 22 incidentally imported new organism section 2(1) infringement fee infringement offence inspector section 103 law section 154O
a: this Act:
b: regulations:
c: a pest management plan:
d: a pathway management plan:
e: a declaration of emergency under section 144 local authority management agency marae Minister Ministry national policy direction section 57 natural and physical resources
a: organisms of all kinds; and
b: the air, water, and soil in or on which any organism lives or may live; and
c: landscape and land form; and
d: geological features; and
e: structures of all kinds; and
f: systems of interacting living organisms and their environment new organism section 2 New Zealand territory land and the waters occupier
a: in relation to any place physically occupied by any person, means that person; and
b: in relation to any other place, means the owner of the place; and
c: in relation to any place, includes any agent, employee, or other person, acting or apparently acting in the general management or control of the place official
a: the Director-General:
b: an inspector:
c: an authorised person:
d: an assistant of an inspector:
e: an assistant of an authorised person:
f: a chief technical officer:
g: a person appointed an auditor under section 105B organic material
a: it—
i: is derived from an organism; or
ii: is an excretion or secretion of an organism; or
iii: contains material derived from an organism; or
iv: contains an excretion or secretion of an organism; and
b: it—
i: may or may not contain material derived from a human being; and
ii: may or may not contain the secretions of a human being; and
c: it—
i: is not cardboard, coal, paper, petroleum oil, a substance derived from coal, or a substance derived from petroleum oil; and
ii: is not material purporting to be organic on the basis only that it contains cardboard, coal, paper, petroleum oil, a substance derived from coal, or a substance derived from petroleum oil organism
a: does not include a human being or a genetic structure derived from a human being:
b: includes a micro-organism:
c: subject to paragraph (a), includes a genetic structure that is capable of replicating itself (whether that structure comprises all or only part of an entity, and whether it comprises all or only part of the total genetic structure of an entity):
d: includes an entity (other than a human being) declared by the Governor-General by Order in Council to be an organism for the purposes of this Act:
e: includes a reproductive cell or developmental stage of an organism:
f: includes any particle that is a prion other department other Minister pathway
a: is of goods or craft out of, into, or through—
i: a particular place in New Zealand; or
ii: a particular kind of place in New Zealand; and
b: has the potential to spread harmful organisms pathway management plan
a: it is for the prevention or management of the spread of harmful organisms:
b: it is made under Part 5
c: it is a national pathway management plan or a regional pathway management plan person pest plan pest agent
a: helping the pest replicate, spread, or survive; or
b: interfering with the management of the pest pest management plan
a: it is for the eradication or effective management of a particular pest or pests:
b: it is made under Part 5
c: it is a national pest management plan or a regional pest management plan place port post-clearance requirements prescribed principal officer
a: in relation to a regional council, its chief executive; and
b: in relation to a region, the chief executive of the region's regional council;— and includes an acting chief executive quarantine quarantine area section 41 readiness or response activity section 100Y reasonable charge region regional council regulations responsible Minister restricted organism Hazardous Substances and New Organisms Act 1996 sections 254(1) 255(1) 256 258(1) restricted place place section 130 risk goods
a: cause unwanted harm to natural and physical resources or human health in New Zealand; or
b: interfere with the diagnosis, management, or treatment, in New Zealand, of pests or unwanted organisms road rule plan or a pathway management plan sector Part 5A small-scale management programme to which section 100V SPS Agreement territorial authority Local Government Act 2002 territorial sea section 3 threatened species transitional facility
a: any place approved as a transitional facility in accordance with section 39
b: a part of a port declared to be a transitional facility in accordance with section 39 unauthorised goods
a: uncleared goods in a place that is not a transitional facility, biosecurity control area, or containment facility (other than goods that, in accordance with the authority of an inspector, are—
i: proceeding from a transitional facility, biosecurity control area, or containment facility to a transitional facility, biosecurity control area, or containment facility; or
ii: being exported from New Zealand); or
b: uncleared goods that—
i: are in a transitional facility, biosecurity control area, or containment facility; and
ii: have proceeded there, other than in accordance with the authority of an inspector, from a transitional facility, biosecurity control area, or containment facility; and
iii: have not received the authority of an inspector to remain there; or
c: goods which have been given a biosecurity clearance by an inspector following receipt by that inspector of false, incomplete, or misleading information concerning the goods; or
ca: goods that—
i: are subject to post-clearance requirements in an import health standard; and
ii: do not comply with the requirements; or
cb: goods that—
i: are subject to post-clearance conditions under section 27A
ii: do not comply with the conditions; or
cc: goods that—
i: are subject to regulations made under section 165(3)
ii: do not comply with the regulations; or
cd: goods in relation to which a person is subject to post-clearance requirements in an import health standard and does not comply with the requirements; or
ce: goods in relation to which a person is subject to post-clearance conditions under section 27A
cf: goods in relation to which a person is subject to regulations made under section 165(3)
d: a restricted organism in a place that is not a containment facility (other than an organism that,—
i: in accordance with the authority of an inspector, is proceeding from a transitional facility, biosecurity control area, or a containment facility to another transitional facility, biosecurity control area, or containment facility; or
ii: is in a transitional facility or biosecurity control area to which it has proceeded in accordance with the authority of an inspector; or
iii: in accordance with the authority of an inspector, is being exported from New Zealand); or
e: a restricted organism that is in a containment facility to which it proceeded other than in accordance with the authority of an inspector, and has not later received the authority of an inspector to remain there uncleared goods unitary authority section 5(1) unwanted organism
a: includes—
i: any new organism, if the Authority has declined approval to import that organism; and
ii: any organism specified in Schedule 2
b: does not include any organism approved for importation under the Hazardous Substances and New Organisms Act 1996
i: the organism is an organism which has escaped from a containment facility; or
ii: a chief technical officer, after consulting the Authority and taking into account any comments made by the Authority concerning the organism, believes that the organism is capable or potentially capable of causing unwanted harm to any natural and physical resources or human health 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: the day observed in the region of a regional council as the anniversary day of the province of which the region forms part; and
ac: 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 written in writing
2: An order under paragraph (d) of the definition of organism in subsection (1) is secondary legislation ( see Part 3
2:
3:
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 2(1) accredited person inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) appointer inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) arrive in New Zealand inserted 18 September 2012 section 4(2) Biosecurity Law Reform Act 2012 Section 2(1) arrive in the EEZ inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) auditor inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) Authority replaced 1 July 2011 section 53(1) Environmental Protection Authority Act 2011 Section 2(1) automated electronic system inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) biosecurity control area replaced 26 November 1997 section 2(2) Biosecurity Amendment Act 1997 Section 2(1) biosecurity database inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) biosecurity law inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) border infringement offence inserted 22 April 2010 section 4 Biosecurity Amendment Act 2009 Section 2(1) chief executive amended 7 August 2020 section 135 Public Service Act 2020 Section 2(1) compliance order inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) confine repealed 26 November 1997 section 2(1) Biosecurity Amendment Act 1997 Section 2(1) containment facility replaced 26 November 1997 section 2(2) Biosecurity Amendment Act 1997 Section 2(1) craft replaced 18 September 2012 section 4(3) Biosecurity Law Reform Act 2012 Section 2(1) craft risk management plan inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) craft risk management standard inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) department amended 7 August 2020 section 135 Public Service Act 2020 Section 2(1) designated port of entry repealed 26 November 1997 section 2(1) Biosecurity Amendment Act 1997 Section 2(1) EEZ inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) effects inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) exclusive economic zone repealed 18 September 2012 section 4(4) Biosecurity Law Reform Act 2012 Section 2(1) facility operator inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) good neighbour rule inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) import replaced 18 September 2012 section 4(5) Biosecurity Law Reform Act 2012 Section 2(1) import health permit repealed 26 November 1997 section 2(1) Biosecurity Amendment Act 1997 Section 2(1) import health standard replaced 18 September 2012 section 4(6) Biosecurity Law Reform Act 2012 Section 2(1) incidentally imported new organism inserted 9 April 2008 section 4 Biosecurity Amendment Act (No 2) 2008 Section 2(1) infringement fee inserted 22 April 2010 section 4 Biosecurity Amendment Act 2009 Section 2(1) infringement offence inserted 22 April 2010 section 4 Biosecurity Amendment Act 2009 Section 2(1) law inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) management agency replaced 18 September 2012 section 4(7) Biosecurity Law Reform Act 2012 Section 2(1) Minister replaced 18 September 2012 section 4(8) Biosecurity Law Reform Act 2012 Section 2(1) national policy direction inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) natural and physical resources inserted 26 November 1997 section 2(2) Biosecurity Amendment Act 1997 Section 2(1) natural resources repealed 26 November 1997 section 2(1) Biosecurity Amendment Act 1997 Section 2(1) new organism inserted 29 July 1998 section 128(2) Biosecurity Amendment Act 1997 Section 2(1) New Zealand territory amended 18 September 2012 section 4(9) Biosecurity Law Reform Act 2012 Section 2(1) New Zealand territory amended 26 November 1997 section 2(3)(a) Biosecurity Amendment Act 1997 Section 2(1) official inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) organic material replaced 18 September 2012 section 4(10) Biosecurity Law Reform Act 2012 Section 2(1) organism inserted 26 November 1997 section 2(3)(b) Biosecurity Amendment Act 1997 Section 2(1) pathway inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) pathway management plan inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) pest amended 18 September 2012 section 4(11) Biosecurity Law Reform Act 2012 Section 2(1) pest management plan inserted 18 September 2012 section 4(12) Biosecurity Law Reform Act 2012 Section 2(1) pest management strategy and strategy repealed 18 September 2012 section 4(12) Biosecurity Law Reform Act 2012 Section 2(1) post-clearance requirements inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) principal officer replaced 1 July 2003 section 262 Local Government Act 2002 Section 2(1) quarantine inserted 26 November 1997 section 2(2) Biosecurity Amendment Act 1997 Section 2(1) quarantine facility repealed 26 November 1997 section 2(1) Biosecurity Amendment Act 1997 Section 2(1) readiness or response activity inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) regional council amended 1 November 1995 section 36 Chatham Islands Council Act 1995 Section 2(1) restricted organism replaced 29 July 1998 section 128(2) Biosecurity Amendment Act 1997 Section 2(1) restricted place amended 26 November 1997 section 2(5) Biosecurity Amendment Act 1997 Section 2(1) risk goods replaced 26 November 1997 section 2(2) Biosecurity Amendment Act 1997 Section 2(1) road inserted 26 November 1997 section 2(2) Biosecurity Amendment Act 1997 Section 2(1) rule inserted 26 November 1997 section 2(2) Biosecurity Amendment Act 1997 Section 2(1) rule amended 18 September 2012 section 4(13) Biosecurity Law Reform Act 2012 Section 2(1) sector inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) small-scale management programme inserted 26 November 1997 section 2(2) Biosecurity Amendment Act 1997 Section 2(1) small-scale management programme amended 18 September 2012 section 4(14) Biosecurity Law Reform Act 2012 Section 2(1) SPS Agreement inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) territorial authority replaced 1 July 2003 section 262 Local Government Act 2002 Section 2(1) territorial sea inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(1) threatened species inserted 26 November 1997 section 2(2) Biosecurity Amendment Act 1997 Section 2(1) transitional facility replaced 26 November 1997 section 2(2) Biosecurity Amendment Act 1997 Section 2(1) treatment repealed 26 November 1997 section 2(1) Biosecurity Amendment Act 1997 Section 2(1) unauthorised goods replaced 26 November 1997 section 2(2) Biosecurity Amendment Act 1997 Section 2(1) unauthorised goods replaced 8 September 2018 section 12 Statutes Amendment Act 2018 Section 2(1) unauthorised goods replaced 8 September 2018 section 12 Statutes Amendment Act 2018 Section 2(1) unauthorised goods inserted 18 September 2012 section 4(15) Biosecurity Law Reform Act 2012 Section 2(1) unauthorised goods inserted 18 September 2012 section 4(15) Biosecurity Law Reform Act 2012 Section 2(1) unauthorised goods inserted 18 September 2012 section 4(15) Biosecurity Law Reform Act 2012 Section 2(1) unauthorised goods inserted 18 September 2012 section 4(15) Biosecurity Law Reform Act 2012 Section 2(1) unauthorised goods inserted 18 September 2012 section 4(15) Biosecurity Law Reform Act 2012 Section 2(1) unauthorised goods inserted 18 September 2012 section 4(15) Biosecurity Law Reform Act 2012 Section 2(1) unitary authority replaced 1 July 2003 section 262 Local Government Act 2002 Section 2(1) unwanted organism replaced 29 July 1998 section 128(2) Biosecurity Amendment Act 1997 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 26 November 1997 section 2(6) Biosecurity Amendment Act 1997 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) written in writing inserted 18 September 2012 section 4(16) Biosecurity Law Reform Act 2012 Section 2(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(2) repealed 18 September 2012 section 4(17) Biosecurity Law Reform Act 2012 Section 2(3) repealed 18 September 2012 section 4(17) Biosecurity Law Reform Act 2012 Section 2(4) repealed 8 July 2003 section 3 Biosecurity Amendment Act 2003
2A: Interpretation of import
1: In this Act, import import
2: In this Act, importation
3: In this Act, importer
a: means a person who imports goods; and
b: includes a person for whom goods are imported; and
c: includes a New Zealand-based agent who—
i: has an overseas-based person as a principal; and
ii: arranges the importation of goods for the principal; and
d: includes a New Zealand-based representative who—
i: represents an overseas-based person; and
ii: arranges the importation of goods for the person; and
e: includes the New Zealand-based consignee of imported goods. Section 2A inserted 18 September 2012 section 5 Biosecurity Law Reform Act 2012
2B: Interpretation of specified in relation to organisms
For the purposes of this Act, an organism may be specified by 1 or both of the following:
a: its scientific name:
b: the name of a disease it causes. Section 2B inserted 18 September 2012 section 5 Biosecurity Law Reform Act 2012
3: Application of Act to syndromes of uncertain origin
1: This subsection applies to a syndrome if—
a: the scientific community generally accepts that—
i: it is probably caused by an organism; but
ii: there is no satisfactory proof that it is in fact caused by an organism; or
b: the scientific community generally accepts that—
i: it is caused by an organism; but
ii: there is no satisfactory evidence available as to the identity or nature of the organism causing it.
2: This Act shall have effect as if every syndrome to which subsection (1) applies is in fact caused by an organism, which may be specified (in a pest management plan or a pathway management plan
3: In this section, syndrome Section 3(2) amended 18 September 2012 section 6 Biosecurity Law Reform Act 2012
4: Application of Act in territorial sea
A provision in this Act that applies in the territorial sea must be interpreted in a way that preserves the rights of vessels of other states to engage in innocent passage through the territorial sea or transit passage through straits used for international navigation as set out in the United Nations Convention on the Law of the Sea of 10 December 1982. Section 4 replaced 18 September 2012 section 7 Biosecurity Law Reform Act 2012
5: Act binds the Crown
1: This Act binds the Crown, except as described in subsection (2).
2: A regional pest management plan binds the Crown to the extent provided in section 69(5) section 89(5) Section 5 replaced 18 September 2012 section 8 Biosecurity Law Reform Act 2012
6: Land may include parts of boundary roads
1: Where a pest management plan or a pathway management plan applies to land adjoining a road, the plan may state that the land includes, for the purposes of the plan
a: the boundary of that land abutting that road; and
b: lines extended from the end of that portion of boundary to the middle line of the road; and
c: the middle line of the road connecting those extended lines.
2: Any person required or authorised by or under a pest management plan or a pathway management plan to do anything on or in relation to land, when the plan
3: Nothing in subsection (2) authorises any person to damage any road. Section 6 replaced 26 November 1997 section 3 Biosecurity Amendment Act 1997 Section 6(1) amended 18 September 2012 section 9(1) Biosecurity Law Reform Act 2012 Section 6(2) amended 18 September 2012 section 9(2) Biosecurity Law Reform Act 2012
7: Relationship with other enactments
1: Nothing in any enactment specified in this section affects the performance or exercise of any power, function, or duty conferred by Part 7
2: Except—
a: to the extent provided in subsections (1), (5), and (6), and sections 7A to 7D
b: to the extent that those enactments are expressly amended by section 168(1) this Act must not be construed so as to affect or derogate in any way from the provisions of the Soil Conservation and Rivers Control Act 1941 Forests Act 1949 Wildlife Act 1953 Health Act 1956 Animal Welfare Act 1999 Wild Animal Control Act 1977 Reserves Act 1977 National Parks Act 1980 Fisheries Act 1983 the Fisheries Act 1996 Conservation Act 1987 the Te Urewera Act 2014 Trade in Endangered Species Act 1989 the Resource Management Act 1991 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
3: This Act must not be construed so as to affect or derogate in any way from the provisions of the Customs and Excise Act 2018 Customs and Excise Act 2018
4: The provisions of this Act in so far as they relate to risk goods must not be construed to take precedence over the powers provided under the Misuse of Drugs Act 1975 section 2(1)
5: The provisions of the Wild Animal Control Act 1977 Game Animal Council Act 2013 prevent or inhibit Schedule 1
a: a pest; or
b: an unwanted organism— that may be transmitted by any animal to which the Wild Animal Control Act 1977 Game Animal Council Act 2013
6: The provisions of the Wildlife Act 1953
a: do not apply to prevent or inhibit the exercise or performance of any powers, functions, or duties under this Act when those powers, functions, or duties are exercised or performed in respect of an unwanted organism; and
b: do not allow or authorise the contravention of any provision of this Act in respect of wildlife that is also an unwanted organism. Section 7 replaced 26 November 1997 section 4 Biosecurity Amendment Act 1997 Section 7(2) amended 8 September 2018 section 13 Statutes Amendment Act 2018 Section 7(2) amended 28 July 2014 section 138 Te Urewera Act 2014 Section 7(2) amended 28 June 2013 section 169(2) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 7(2) amended 1 January 2000 section 194 Animal Welfare Act 1999 Section 7(2)(a) amended 28 June 2013 section 169(1) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 7(2)(a) amended 8 July 2003 section 4(1) Biosecurity Amendment Act 2003 Section 7(3) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 7(5) amended 28 November 2013 section 41(2) Game Animal Council Act 2013 Section 7(5) amended 8 July 2003 section 4(2) Biosecurity Amendment Act 2003 Section 7(6) inserted 8 July 2003 section 4(3) Biosecurity Amendment Act 2003
7A: Relationship with Resource Management Act 1991
1: The responsible Minister may exempt an action from the provisions of Part 3 Part 6
a: the action would be in breach of Part 3
b: the responsible Minister is satisfied that it is likely that—
i: the organism is not established in New Zealand, the organism is not known to be established in New Zealand, or the organism is established in New Zealand but is restricted to certain parts of New Zealand; and
ii: the organism has the potential to cause 1 or more of significant economic loss, significant adverse effects on human health, or significant environmental loss if it becomes established in New Zealand, or if it becomes established throughout New Zealand; and
iii: it is in the public interest that action be taken immediately in an attempt to eradicate the organism.
2: The exemption of an action under subsection (1) may last for up to 20 working days.
3: Before making a decision under subsection (1), the responsible Minister—
a: must consult the relevant consent authority (to the extent that is possible in the circumstances); and
b: may consult such other persons as the responsible Minister considers are representative of the persons likely to be affected by the eradication attempt.
4: If an exemption is granted under subsection (1) or continued by regulations made under section 7D Part 3
5: After the exemption ends,—
a: the provisions of the Resource Management Act 1991
b: the responsible Minister must remedy or mitigate the adverse effects to which the provisions of the Resource Management Act 1991
6: For the purposes of this section, consent authority section 2(1) Section 7A replaced 28 June 2013 section 170 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
7B: Relationship with Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
1: The responsible Minister may exempt an action from the provisions of Part 2
a: the action would be in breach of Part 2
b: the responsible Minister is satisfied that it is likely that—
i: the organism is not established in the exclusive economic zone, the organism is not known to be established in the exclusive economic zone, or the organism is established in the exclusive economic zone but is restricted to certain parts of the exclusive economic zone; and
ii: the organism has the potential to cause 1 or more of significant economic loss, significant adverse effects on human health, or significant environmental loss if it becomes established in the exclusive economic zone, or if it becomes established throughout the exclusive economic zone, or if it spreads to New Zealand; and
iii: it is in the public interest that action be taken immediately in an attempt to eradicate or manage the organism.
2: The exemption of an action under subsection (1) may last for up to 20 working days.
3: Before making a decision under subsection (1), the responsible Minister—
a: must consult the Authority (to the extent that is possible in the circumstances); and
b: may consult such other persons as the responsible Minister considers are representative of the persons likely to be affected by the eradication or management attempt.
4: If an exemption is granted under subsection (1) or continued by regulations made under section 7D Part 2
5: After the exemption ends,—
a: the provisions of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
b: the responsible Minister must remedy or mitigate the adverse effects to which the provisions of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 7B inserted 28 June 2013 section 170 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
7C: Public notice of decision to exempt action
1: After making a decision under section 7A 7B
2: The public notice must specify—
a: the organism to be eradicated or managed; and
b: the principal actions that may be taken in the attempt to eradicate or manage the organism; and
c: the areas affected by the action.
3: A failure to comply with the provisions of this section or section 7A(3) 7B(3) section 7A or 7B Section 7C inserted 28 June 2013 section 170 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
7D: Regulations may continue exemption
1: The Governor-General may, by Order in Council made on the recommendation of the responsible Minister, make regulations—
a: continuing the exemption under section 7A Part 3
b: continuing the exemption under section 7B Part 2
2: The responsible Minister must not make a recommendation for the purposes of subsection (1) unless he or she considers that it is necessary to continue the action to attempt to eradicate or manage the organism beyond the duration of the exemption.
3:
4: The regulations expire on the day that is 2 years after the date on which the regulations come into force unless they are revoked earlier.
5: 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 7D inserted 28 June 2013 section 170 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Section 7D(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 7D(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7E: Border information supplied using JBMS must be supplied in approved form and manner
1: This section applies to a requirement by or under an Act to supply to the Ministry any border information (as defined in section 41A(1)
a: this Act; or
b: an Act that is specified by regulations under section 165A section 41A(1)
2: Any person who uses a JBMS section 302(4) section 41D 41H
a: for complying with the requirement by using the JBMS; and
b: for the time being generally approved in writing,—
i: if the Act is this Act, by the Director-General; or
ii: if the Act is one specified by regulations under section 165A section 41A(1)
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 Section 7E inserted 24 June 2014 section 4 Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 Section 7E(2) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 7E(3)(b) replaced 1 October 2018 section 443(3) Customs and Excise Act 2018
7F: Duty to use JBMS to supply border information to Ministry
1: This section applies to a requirement by or under an Act to supply to the Ministry any border information (as defined in section 41A(1)
a: this Act; or
b: an Act that is specified by regulations under section 165A section 41A(1)
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 section 302(4)
b: by using another means for the time being generally or specifically approved in writing by—
i: the Director-General (as defined in section 2(1)
ii: the chief executive of the department of State for the time being responsible for the Act's administration, if the Act is an Act that is specified by regulations under section 165A section 41A(1) Section 7F inserted 1 July 2016 section 17 Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 Section 7F(2)(a) amended 1 October 2018 section 443(3) Customs and Excise Act 2018
2: Functions, powers, and duties
Ministers
8: Responsibilities of responsible Minister
1: In addition to being responsible for the administration of this Act, the responsible Minister has responsibility for—
a: providing for the co-ordinated implementation of this Act:
b: recording and co-ordinating reports of suspected new organisms:
c: managing appropriate responses to such reports.
2: Section 9
9: Powers of responsible Minister
1: The responsible Minister has power to—
a: perform the functions in section 7A
b:
c: recommend to the Governor-General the making of Orders in Council under section 45(3)
ca: assign responsibility for decisions under section 55
cb: recommend to the Governor-General the approval of the national policy direction under section 57
cc: recommend to the Governor-General the approval of amendments to the national policy direction under section 58(1)
cd: approve amendments to the national policy direction under section 58(2)
ce: recommend to the Governor-General the approval of the revocation and replacement of the national policy direction under section 58(3)
cf: publish notices about industry organisations under section 100ZA(2)
cg: recommend to the Governor-General under section 100ZB(1)
d: recommend to the Governor-General under section 137(1) section 140AA(3)
e: recommend to the Governor-General under section 165
2: The responsible Minister must not delegate to any person the exercise of any of the powers specified in subsection (1) Section 9 replaced 26 November 1997 section 5 Biosecurity Amendment Act 1997 Section 9(1)(b) repealed 18 September 2012 section 10(1) Biosecurity Law Reform Act 2012 Section 9(1)(ca) inserted 18 September 2012 section 10(2) Biosecurity Law Reform Act 2012 Section 9(1)(cb) inserted 18 September 2012 section 10(2) Biosecurity Law Reform Act 2012 Section 9(1)(cc) inserted 18 September 2012 section 10(2) Biosecurity Law Reform Act 2012 Section 9(1)(cd) inserted 18 September 2012 section 10(2) Biosecurity Law Reform Act 2012 Section 9(1)(ce) inserted 18 September 2012 section 10(2) Biosecurity Law Reform Act 2012 Section 9(1)(cf) inserted 18 September 2012 section 10(2) Biosecurity Law Reform Act 2012 Section 9(1)(cg) inserted 18 September 2012 section 10(2) Biosecurity Law Reform Act 2012 Section 9(1)(d) amended 28 May 2015 section 4 Biosecurity Amendment Act (No 2) 2015 Section 9(2) amended 18 September 2012 section 10(3) Biosecurity Law Reform Act 2012
10: Functions of Ministers in relation to national plans
1: Any Minister may carry out the functions specified in Part 5
2: Any Minister may carry out the functions of—
a: approving the preparation of a national pest management plan under section 64(1)
b: recommending to the Governor-General the making of an Order in Council making a national pest management plan under section 66(1)
c: approving the preparation of a national pathway management plan under section 84(1)
d: recommending to the Governor-General the making of an Order in Council making a national pathway management plan under section 86(1)
e: appointing a management agency for a plan under section 100(4)
f: disallowing an operational plan or part of it under section 100B(4)
g: reviewing, amending, revoking and replacing, or revoking a plan under section 100D
h: recommending to the Governor-General the making of an Order in Council imposing a levy under section 100L(1)
3: No Minister may delegate the carrying out of the functions in subsection (2). Section 10 replaced 18 September 2012 section 11 Biosecurity Law Reform Act 2012
11: Other powers of Ministers
1: Any Minister has power to—
a: direct the forfeiture of organisms and organic material under section 134(3)
b: take action under sections 144 147
c: take action under section 145
d: recommend to the Governor-General under section 150(1)
e: declare a provisional control programme under section 152(1)
f: extend under subsection (3) of section 152
2: A Minister must not delegate to any person the exercise of the powers specified in subsection (1)(b), (d), (e), and (f) Section 11 replaced 26 November 1997 section 7 Biosecurity Amendment Act 1997 Section 11(2) amended 7 May 1999 section 2 Biosecurity Amendment Act 1999
12: Responsible Minister may require information
1: The responsible Minister may ask any regional council or management agency to give the responsible Minister, in a form the responsible Minister specifies, any information relating to the exercise or performance of any of its functions, powers, or duties under this Act or under any pest management plan or a pathway management plan
a: in the possession of the council or agency; or
b: capable of being obtained by the council or agency without unreasonable difficulty or expense,— that the responsible Minister reasonably requires.
2: A regional council or management agency shall give the responsible Minister any information the responsible Minister has asked for under subsection (1) as soon as is reasonably practicable after being asked to do so. Section 12(1) amended 18 September 2012 section 12 Biosecurity Law Reform Act 2012 Director-General Heading replaced 18 September 2012 section 13 Biosecurity Law Reform Act 2012
12A: Director-General provides overall leadership
1: The Director-General provides overall leadership in activities that prevent, reduce, or eliminate adverse effects from harmful organisms that are present in New Zealand ( pest management
2: The ways in which the Director-General provides leadership include—
a: promoting alignment of pest management within the whole biosecurity system:
b: overseeing New Zealand’s systems for pest management and measuring overall system performance:
c: facilitating the development and alignment of national pest management plans and national pathway management plans:
d: promoting public support for pest management:
e: facilitating communication, co-operation, and co-ordination among those involved in pest management to enhance effectiveness, efficiency, and equity of programmes. Section 12A inserted 18 September 2012 section 13 Biosecurity Law Reform Act 2012 Local authorities Heading inserted 18 September 2012 section 13 Biosecurity Law Reform Act 2012
12B: Regional council provides leadership regionally
1: A regional council provides leadership in activities that prevent, reduce, or eliminate adverse effects from harmful organisms that are present in New Zealand ( pest management
2: The ways in which the regional council provides leadership in the region include—
a: promoting the alignment of pest management in the region:
b: facilitating the development and alignment of regional pest management plans and regional pathway management plans in the region:
c: promoting public support for pest management:
d: facilitating communication and co-operation among those involved in pest management to enhance effectiveness, efficiency, and equity of programmes.
3: A regional council also provides leadership by promoting co-ordination of pest management between regions. Section 12B inserted 18 September 2012 section 13 Biosecurity Law Reform Act 2012
13: Powers of regional councils
1: Every regional council has, in relation to its region, power to—
a: cause to be carried out, for the purposes of Part 5
i: monitoring to determine whether or not pests, pest agents, and unwanted organisms are present; and
ii: surveillance of pests, pest agents, and unwanted organisms:
b: provide, in accordance with relevant pest management plans, for the assessment and eradication or management of pests:
c: prepare proposals for, make, and implement regional pest management plans and regional pathway management plans:
d: appoint a management agency for a plan under section 100(4)
e: disallow an operational plan or part of it under section 100B(4)
f: review, amend, revoke and replace, or revoke a plan under section 100D
fa: declare and implement small-scale management programmes:
g: gather information, keep records, undertake research, or do any other similar thing, if doing so is necessary or desirable to enable it to act effectively under this Act:
h: take any action contemplated by or necessary for giving effect to any provision of this Act.
2: Regional councils have all the powers of territorial authorities set out in section 14 Section 13 replaced 26 November 1997 section 8 Biosecurity Amendment Act 1997 Section 13(1)(a) replaced 18 September 2012 section 14(1) Biosecurity Law Reform Act 2012 Section 13(1)(b) replaced 18 September 2012 section 14(1) Biosecurity Law Reform Act 2012 Section 13(1)(c) replaced 18 September 2012 section 14(1) Biosecurity Law Reform Act 2012 Section 13(1)(d) replaced 18 September 2012 section 14(1) Biosecurity Law Reform Act 2012 Section 13(1)(e) replaced 18 September 2012 section 14(1) Biosecurity Law Reform Act 2012 Section 13(1)(f) replaced 18 September 2012 Biosecurity Law Reform Act 2012 Section 13(1)(fa) inserted 18 September 2012 section 14(1) Biosecurity Law Reform Act 2012 Section 13(2) replaced 18 September 2012 section 14(2) Biosecurity Law Reform Act 2012
14: Powers of territorial authorities
Every territorial authority has power—
a: to take any action any natural person could take under Part 5
b: to act as a management agency under a pest management plan or a pathway management plan
c: to take any action provided for or required by a pest management plan or a pathway management plan
d: if, and only if,—
i: a pest management plan or a pathway management plan
ii: the management agency for the plan to take those actions:
da: to the extent only that a national pest management plan or a national pathway management plan
i: territorial authorities; or
ii: territorial authorities of a class or description to which the authority belongs; or
iii: the authority,— to make contributions towards the costs of the implementation of the plan
db: to set and assess rates under the Local Government (Rating) Act 2002
e: to gather information, keep records, undertake research, or do any other similar thing, if doing so is necessary or desirable to enable it to act effectively under this Act:
f: to perform or exercise any function, power, or duty whose performance or exercise is for the time being transferred to it under section 15
g: to perform or exercise any other function, power, or duty conferred on it by this Act. Section 14(b) amended 18 September 2012 section 15(1) Biosecurity Law Reform Act 2012 Section 14(c) amended 18 September 2012 section 15(2) Biosecurity Law Reform Act 2012 Section 14(d) replaced 1 July 1994 section 3 Biosecurity Amendment Act 1994 Section 14(d)(i) amended 18 September 2012 section 15(3) Biosecurity Law Reform Act 2012 Section 14(d)(ii) amended 18 September 2012 section 15(4) Biosecurity Law Reform Act 2012 Section 14(da) inserted 1 July 1994 section 3 Biosecurity Amendment Act 1994 Section 14(da) amended 18 September 2012 section 15(5) Biosecurity Law Reform Act 2012 Section 14(da) amended 18 September 2012 section 15(6) Biosecurity Law Reform Act 2012 Section 14(db) replaced 1 July 2003 section 137(1) Local Government (Rating) Act 2002
15: Transfer of powers, etc, by local authorities
1: Subject to subsections (2) and (3), a local authority that has an operation under this Act (in this section referred to as the transferor) may transfer the performance of the operation to another local authority (in this section referred to as the transferee), if—
a: it has used the special consultative procedure specified in section 83
b: in the case of an operation under or relating to a national pest management plan or a national pathway management plan
c: in the case of an operation under or relating to a regional pest management plan or a regional pathway management plan
i: it is a regional council, and no other regional council is involved in the plan; or
ii: before using that procedure it has served notice on every regional council involved in the plan (other than itself, if it is a regional council) of its intention to do so; and
d: it agrees with the transferee that the transfer is desirable on the grounds of—
i: efficiency; and
ii: technical or special capability or expertise on the part of the transferee,—
2: The transferor shall not transfer—
a: the performance of the function of making a regional pest management plan or a regional pathway management plan under Part 5
b: the exercise of the power of transfer conferred by subsection (1).
3: The agreement shall contain provisions dealing with the revocation and relinquishment of the transfer; and
a: the transferor may change or revoke the transfer; and
b: the transferee may relinquish the transfer,— accordingly.
4: While the operation remains transferred to the transferee,—
a: the transferee's functions, powers, and duties shall be deemed to be extended to the extent necessary to enable it to undertake the operation; but
b: the transferor shall continue to be responsible for the operation.
5: In this section— operation perform Section 15(1) amended 26 November 1997 section 9(1) Biosecurity Amendment Act 1997 Section 15(1)(a) replaced 1 July 2003 section 262 Local Government Act 2002 Section 15(1)(b) amended 18 September 2012 section 16(1) Biosecurity Law Reform Act 2012 Section 15(1)(c) amended 18 September 2012 section 16(2) Biosecurity Law Reform Act 2012 Section 15(2)(a) amended 18 September 2012 section 16(3) Biosecurity Law Reform Act 2012
3: Importation of risk goods
16: Purpose of Part 3
The purpose of this Part is to provide for the effective management of risks associated with—
a: the importation of risk goods:
b: the entry of craft into New Zealand territory. Section 16 replaced 18 September 2012 section 17 Biosecurity Law Reform Act 2012
16A: General duty relating to importation
A person must not—
a: provide an official or an automated electronic system with false, misleading, or incomplete information about goods to be imported or uncleared goods; or
b: take steps that are likely to hinder the detection by an official of uncleared goods. Section 16A inserted 18 September 2012 section 17 Biosecurity Law Reform Act 2012
16B: Duty of importers to comply with import health standards
An importer of risk goods must—
a: take all reasonable steps to ensure that the goods comply with applicable import health standards; and
b: if required by an inspector, do the following:
i: provide the inspector with a declaration in an approved form setting out the steps taken to comply with the standard; and
ii: provide the inspector with the declaration in an approved manner. Section 16B inserted 18 September 2012 section 17 Biosecurity Law Reform Act 2012
16C: Duty of importers not to abandon goods
1: An importer of goods must not leave the goods in a biosecurity control area, transitional facility, or place approved under section 37
2: For the purposes of this section, leaving goods—
a: means leaving them in a way or for a period that would entitle an inspector or authorised person to regard the goods, under section 119(2)
b: does not mean putting them into a bin provided for the purpose of having imported goods left in it for disposal. Section 16C inserted 18 September 2012 section 17 Biosecurity Law Reform Act 2012 Arrival of craft
17: Notice of craft's intended arrival in New Zealand
Craft to which section applies
1: This section applies to a craft that is en route to New Zealand territory from a point outside New Zealand territory on a flight or voyage that is intended to include arrival in New Zealand. Meaning of approved port
2: The craft must arrive in New Zealand at 1 of the following approved ports if it is possible and practicable to do so:
a: a port of entry approved under this Act as a place of first arrival for craft of all kinds and craft arriving for all purposes:
b: a port of entry approved under this Act as a place of first arrival suitable for the craft and, if relevant, for the purpose for which it is arriving:
c: a port approved under section 37A Persons who carry out duties
3: The duties in subsections (6), (7), (9), and (10) must be carried out by the person who is in charge of the craft.
4: The following persons may carry out the duties on behalf of the person who is in charge of the craft:
a: an owner of the craft:
b: an operator of the craft:
c: an agent of an owner of the craft:
d: an agent of an operator of the craft. Form and manner of notices , and supporting documentation
5: The person who is carrying out the duties must give notices under this section in the form and manner—
a: approved by the Director-General; and
b: available on an Internet site maintained by or on behalf of the Ministry.
5A: Notices under this section must be accompanied by any supporting documents (being documents each of which is genuine, not erroneous, and not misleading) the Director-General may require. First notice
6: The person must give the Director-General notice of the following matters from a point outside New Zealand territory:
a: when and where, approximately, the craft will enter New Zealand territory; and
b: in relation to the craft's arrival in New Zealand,—
i: the approved port at which it is intended that the craft will arrive; or
ii: if it is impossible or impracticable to go to an approved port, the destination at which it is intended that the craft will arrive.
7: After giving notice under subsection (6), the person must ensure that the craft goes directly to, and arrives in New Zealand at, the notified port or destination. Second notice
8: Subsections (9) and (10) apply when—
a: the person has given the notice; and
b: the craft has not subsequently arrived in New Zealand; and
c: the person learns that it is now impossible or impracticable to go to the port or destination stated in the notice.
9: The person must give the Director-General notice of the following matters:
a: where, approximately, the craft is; and
b: when and where, approximately, the craft will enter New Zealand territory; and
c: in relation to the craft's arrival in New Zealand,—
i: the approved port at which it is now intended that the craft will arrive, if it is possible and practicable to go to an approved port; or
ii: the destination at which it is now intended that the craft will arrive, if it is impossible or impracticable to go to an approved port.
10: After giving notice under subsection (9), the person must ensure that the craft goes directly to, and arrives in New Zealand at, the notified port or destination. Regulations may elaborate duties
11: Regulations may—
a: require that a notice contain details of a craft's previous voyages, current voyage, and future intended voyages within New Zealand territory:
b: require that a notice contain the details about the following that are specified in the regulations:
i: the craft's crew:
ii: the craft's passengers:
iii: goods on board the craft:
c: specify the length of time before a craft's arrival in New Zealand at which the notice must be given:
d: require that a notice—
i: give different information about the matters depending on the class or description of the craft:
ii: give the information at different times depending on the class or description of the craft:
e: provide for the Director-General to require the giving of the information earlier than the time specified in the regulations if—
i: an emergency or an urgent situation has arisen; and
ii: the emergency or the urgent situation creates a risk of significant harm to human health, the environment, or the economy; and
iii: the earlier giving of the information is necessary to avoid or mitigate the risk. Section 17 replaced 18 September 2012 section 18 Biosecurity Law Reform Act 2012 Section 17(5) heading amended 24 June 2014 section 5(1) Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 Section 17(5A) inserted 24 June 2014 section 5(2) Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014
17A: Inward cargo report
Craft and cargo to which section applies
1: This section applies to cargo (whether or not all or any of the cargo is goods that are, may be, or are not, risk goods) on a craft if the craft is—
a: en route to, or has arrived in, New Zealand (as defined in section 5(1)
b: carrying goods subject to the control of Customs section 6 section 5(1) Inward cargo report
2: Every person responsible for the carriage of the cargo on the craft must give to the Director-General, before the prescribed deadline, a report on the cargo, unless a particular person of that kind is exempted from doing so because—
a: that person has been advised by the Director-General that 1 or more other persons of that kind have already done so; or
b: under this paragraph, and for another reason, the Director-General approves that person's being exempted from doing so.
3: The prescribed deadline may differ depending on the class or description of the craft, or on the class or description of the person responsible, or both, and may be earlier than the otherwise applicable prescribed deadline if—
a: an emergency or an urgent situation has arisen; and
b: the emergency or the urgent situation creates a risk of significant harm to human health, the environment, or the economy; and
c: the earlier giving of the report is necessary to avoid or mitigate the risk.
4: This section does not limit, and is not limited by, section 17(11)(b)(iii) Persons who carry out duty to give report
5: A person is, for this section's purposes, responsible for the carriage of cargo on a craft only if the person (whether or not the person owns, or has any proprietary interest of any kind in, all or any part of the cargo) is—
a: the person in charge of the craft; or
b: a cargo aggregator (as defined in subsection (11)) who, in the course of that cargo aggregator's business, has (in or outside New Zealand territory) arranged for the carriage of the cargo on the craft under a shared space, or other negotiated volume of cargo, arrangement with the craft's owner or operator.
6: The duty of the person in charge of the craft to give the report may be performed, on that person's behalf, by—
a: an owner of the craft; or
b: an operator of the craft; or
c: an agent of an owner of the craft; or
d: an agent of an operator of the craft. Requirements for report
7: The report must contain such information relating to the cargo (being information that is genuine, not erroneous in a material particular, and not misleading) as may be prescribed.
8: The report must be accompanied by such supporting documents (being documents each of which is genuine, not erroneous, and not misleading) as the Director-General may require.
9: The prescribed information relating to the cargo, or supporting documents required under subsection (8), or both, may differ depending on the class or description of the craft. Form and manner in which report given
10: The person who is carrying out the duty to give the report must ensure that it is given in an approved form and manner. Cargo aggregator defined
11: Cargo aggregator
a: in bulk cargo containers, or otherwise; and
b: under a shared space, or other negotiated volume of cargo, arrangement with the craft's owner or operator. Section 17A inserted 24 June 2014 section 6 Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 Section 17A(1)(a) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 17A(1)(b) amended 1 October 2018 section 443(3) Customs and Excise Act 2018
18: Arrival of craft in New Zealand
1: The person in charge of any craft that arrives at a place in New Zealand—
a: shall, if—
i: the person has not notified the Director-General under section 17
ii: the place is not the port or destination notified (or, as the case may be, last notified) under section 17 give the Director-General notice of where and (approximately) when the craft arrived; and
b: shall prevent risk goods from leaving the craft without the permission of an inspector.
2: The person in charge of any such craft shall, if so required by an inspector, pay a bond for such amount not exceeding $10,000 as the inspector may require to secure due compliance with subsection (1)(b).
3: The person is deemed to have an inspector's permission to discharge ballast water into New Zealand waters if the person has complied with rules made under section 388
4: In subsection (3), ballast water New Zealand waters Maritime Transport Act 1994 1967 No 50 s 18 Section 18(3) inserted 8 September 2017 section 19 Biosecurity Law Reform Act 2012 Section 18(4) inserted 8 September 2017 section 19 Biosecurity Law Reform Act 2012
19: Persons in charge of certain craft to obey directions of inspector or authorised person
1: This section applies to a craft, and place in New Zealand, if—
a: the craft arrives in New Zealand there; or
b: the craft is carrying risk goods that it was carrying when it arrived in New Zealand at some other place.
2: Where this section applies to a craft and place, the person in charge of the craft shall—
a: obey every reasonable direction given by an inspector as to—
i: the movement of the craft in the place; or
ii: the unloading or discharge of risk goods or the disembarkation of crew or passengers from the craft; or
iii: measures (including any bond required under section 18(2)
b: within the required time or times, deliver to an inspector a report, in such manner and form, and containing such particulars verified by declaration, and with such supporting documents, as may be required; and
c: answer all questions relating to the craft or its cargo, crew, passengers, stores, or voyage, asked by an inspector;— and every person disembarking from the craft shall, on request by an inspector, make his or her baggage available for inspection by the inspector. Import health standards Heading replaced 26 November 1997 section 12(a) Biosecurity Amendment Act 1997
20: Import health permits
Section 20 repealed 26 November 1997 section 12(b) Biosecurity Amendment Act 1997
21: Criteria for issue of import health permits
Section 21 repealed 26 November 1997 section 12(b) Biosecurity Amendment Act 1997
22: Meaning of import health standard
1: An import health standard specifies requirements to be met for the effective management of risks associated with importing risk goods, including risks arising because importing the goods involves or might involve an incidentally imported new organism.
2: An import health standard must include requirements that apply before 1 or more of the following actions may be taken:
a: the risk goods are imported:
b: the risk goods are moved from a biosecurity control area:
c: the risk goods are moved from a transitional facility:
d: the risk goods are given a biosecurity clearance.
3: An import health standard may also include post-clearance requirements.
4: An import health standard must do the following:
a: specify the class or description of goods to which it applies; and
b: specify that it applies to goods of a class or description imported from—
i: a country or countries specified; or
ii: countries of a class or description specified; or
iii: a location or locations specified; or
iv: all countries.
5: An import health standard may specify requirements in any appropriate manner, including, but not limited to, 1 or more of the following:
a: measures to be applied to the goods before or after importation into New Zealand:
b: evidence or information to be provided about the measures or the goods:
c: a statement of the outcome to be achieved and the criteria to determine whether the outcome has been achieved.
6: An import health standard may specify—
a: information that the importer of goods to which the standard applies must provide to the Director-General:
b: the period before the goods' arrival in New Zealand by which the importer must provide the information:
c: the form and manner in which the importer must provide the information.
7: Post-clearance requirements in an import health standard may also specify the following:
a: the class or description of persons to whom the requirements apply:
b: the use to which the goods must be put:
c: the restrictions or conditions on the use of the goods:
d: the duration of the requirements:
e: any other matters reasonably necessary for the effective implementation of the requirements. Section 22 replaced 18 September 2012 section 20 Biosecurity Law Reform Act 2012
22A: Process for independent review panel to be established
Section 22A repealed 18 September 2012 section 20 Biosecurity Law Reform Act 2012
23: From draft to recommendation
1: A chief technical officer begins the process of making an import health standard by analysing or assessing the risks associated with importing a class or description of goods.
2: If the officer considers that a standard could effectively manage the risks, the officer may draft a proposed standard.
3: The officer must consult the following persons about the draft standard:
a: the chief executive of every department whose responsibilities for human health or natural resources may be adversely affected by it; and
b: any other persons the officer considers to be representative of the classes of persons having an interest in it.
4: In the course of developing the version of the standard for recommendation to the Director-General, the officer—
a: must have regard to the matters raised by the persons consulted; and
b: must have regard to the following matters in relation to goods of the class or description proposed for coverage by the standard:
i: the likelihood that the goods will import organisms:
ii: the nature of the organisms that the goods may import:
iii: the possible effect on human health, the New Zealand environment, and the New Zealand economy of the organisms that the goods may import:
iv: New Zealand's obligations under international agreements other than the SPS Agreement; and
c: must be satisfied that the requirements proposed for inclusion in the standard are consistent with New Zealand's obligations under the SPS Agreement; and
d: must have regard to the following matters in relation to goods of the class or description proposed for coverage by the standard and the requirements proposed for inclusion in the standard:
i: the extent to which the requirements reduce or manage the likelihood of adverse effects from organisms that may be imported on the goods or in association with the goods:
ii: the extent to which the requirements reduce or manage the impacts of adverse effects from organisms that may be imported on the goods or in association with the goods; and
e: may have regard to the following matters in relation to goods of the class or description proposed for coverage by the standard and the requirements proposed for inclusion in the standard:
i: the direct cost of the requirements on importers:
ii: the direct cost of the requirements on the Crown:
iii: other economic factors involved in implementing the requirements:
iv: technical and operational factors involved in implementing the requirements; and
f: must ensure, in relation to post-clearance requirements proposed for inclusion in the standard, that—
i: there is an identifiable class of persons who will be subject to the requirements; and
ii: it is reasonably practicable to notify the persons who will be subject to the requirements about the requirements; and
iii: the requirements are reasonably capable of being enforced; and
g: may have regard to any other matters that the officer considers relevant to achieving the purpose of this Part.
5: The officer then recommends to the Director-General that the Director-General issue the standard. Section 23 replaced 18 September 2012 section 20 Biosecurity Law Reform Act 2012
24: Review
1: A person consulted under section 23(3)(b)
2: The Director-General must ensure that there is a process to establish an independent review panel to review the question of whether scientific evidence about which a person has raised a significant concern received sufficient regard in the development of the standard.
3: The process must deal with—
a: the criteria for setting up the panel; and
b: how the Director-General will appoint the panel members, including the knowledge and experience that members must have; and
c: the procedures to be followed by—
i: a person consulted under section 23(3)(b)
ii: the panel in undertaking its review; and
d: the reporting requirements for the panel.
4: If a panel reports to the Director-General, the Director-General must, as soon as reasonably practicable,—
a: take the panel's findings and recommendations into account; and
b: determine the issue in dispute; and
c: give reasons for the determination. Section 24 replaced 18 September 2012 section 20 Biosecurity Law Reform Act 2012
24A: Issue
1: After receiving the officer's recommendation under section 23(5) section 24(4)
2: If the Director-General decides to issue a standard, he or she must—
a: decide on the date on which the standard is to come into force; and
b: issue the standard with the date in it.
3: The Director-General is not required to issue a standard for goods of a particular class or description if the Director-General considers that the requirements that could be imposed in the standard would not be sufficient to enable the purpose of this Part to be achieved.
4: A standard under this section—
a: is secondary legislation ( see Part 3
b: commences in accordance with subsection (2), even if it is not yet published. 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 make it available for the public to read free of charge at the office of the maker during normal office hours or on an Internet site maintained by or on behalf of the Ministry 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 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 24A inserted 18 September 2012 section 20 Biosecurity Law Reform Act 2012 Section 24A(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
24B: Amendment, revocation, suspension, and reinstatement
Amendment and revocation
1: Sections 23 to 24A
a: proposed amendments to an import health standard:
b: a proposal to revoke an import health standard.
2: However, if a chief technical officer considers that the standard needs to be amended or revoked urgently or that a proposed amendment is minor, the officer is not required to comply with section 23(3) General suspension
3: Subsections (4) and (5) apply if a chief technical officer believes on reasonable grounds that circumstances or knowledge have changed in such a way as to cause the requirements in an import health standard to no longer enable the purposes of this Part to be achieved.
4: The officer may recommend to the Director-General the suspension of the standard.
5: After receiving the officer's recommendation, the Director-General may suspend the standard. Partial suspension
5A: Subsections (5B) to (5D)
5B: The officer may, in accordance with subsection (5D)
a: goods of a specified class or description; or
b: goods of a specified class or description imported from—
i: a specified country or countries; or
ii: countries of a specified class or description; or
iii: a specified location or locations; or
iv: all countries.
5C: After receiving the officer’s recommendation, the Director-General may suspend the standard in relation to those goods.
5D: The officer must not recommend the suspension of the standard in relation to all goods covered by the standard. Reinstatement after general suspension
6: Subsections (7) and (8) apply if a chief technical officer believes on reasonable grounds that circumstances or knowledge have changed in such a way as to cause the requirements in a suspended import health standard to again enable the purposes of this Part to be achieved.
7: The officer may recommend to the Director-General the reinstatement of the standard.
8: After receiving the officer's recommendation, the Director-General may reinstate the standard. Reinstatement after partial suspension
9: Subsections (10) and (11)
10: The officer may recommend to the Director-General the reinstatement of the standard in relation to those goods.
11: After receiving the officer’s recommendation, the Director-General may reinstate the standard in relation to those goods. Secondary legislation
12: An amendment, revocation, suspension, or reinstatement of an import health standard—
a: is secondary legislation ( see Part 3
b: commences in accordance with section 24A(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 The maker must make it available for the public to read free of charge at the office of the maker during normal office hours or on an Internet site maintained by or on behalf of the Ministry 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 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 24B inserted 18 September 2012 section 20 Biosecurity Law Reform Act 2012 Section 24B(3) heading replaced 8 September 2018 section 14(1) Statutes Amendment Act 2018 Section 24B(5A) heading inserted 8 September 2018 section 14(2) Statutes Amendment Act 2018 Section 24B(5A) inserted 8 September 2018 section 14(2) Statutes Amendment Act 2018 Section 24B(5B) inserted 8 September 2018 section 14(2) Statutes Amendment Act 2018 Section 24B(5C) inserted 8 September 2018 section 14(2) Statutes Amendment Act 2018 Section 24B(5D) inserted 8 September 2018 section 14(2) Statutes Amendment Act 2018 Section 24B(6) heading replaced 8 September 2018 section 14(3) Statutes Amendment Act 2018 Section 24B(9) heading inserted 8 September 2018 section 14(4) Statutes Amendment Act 2018 Section 24B(9) inserted 8 September 2018 section 14(4) Statutes Amendment Act 2018 Section 24B(10) inserted 8 September 2018 section 14(4) Statutes Amendment Act 2018 Section 24B(11) inserted 8 September 2018 section 14(4) Statutes Amendment Act 2018 Section 24B(12) heading inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 24B(12) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
24C: Publication
Section 24C repealed 28 October 2021 section 3 Secondary Legislation Act 2021
24D: Compliance
Post-clearance requirements
1: A person to whose goods post-clearance requirements in an import health standard apply must—
a: take all reasonable steps to ensure that the goods comply with the requirements; and
b: if required by an inspector, do the following:
i: provide the inspector with a declaration in an approved form setting out the steps taken to comply with the requirements; and
ii: provide the inspector with the declaration in an approved manner. Permits
2: The Director-General may issue a permit that a standard specifies as a requirement if the Director-General considers it appropriate to do so. Section 24D inserted 18 September 2012 section 20 Biosecurity Law Reform Act 2012 Craft risk management standards Heading inserted 18 September 2012 section 20 Biosecurity Law Reform Act 2012
24E: Meaning of craft risk management standard
1: A craft risk management standard specifies requirements to be met for the effective management of risks that—
a: are associated with the entry of craft into New Zealand territory or the arrival of craft in the EEZ
b: are not already covered by, or are not suitable to be covered by, an import health standard.
2: A craft risk management standard—
a: must specify the class or description of craft to which it applies:
b: may specify the class or description of activity to which it applies.
3: A craft risk management standard must specify that—
a: it applies to the risks specified in the standard; or
b: it applies to all risks except those managed under another enactment; or
c: it applies to all risks.
4: A craft risk management standard may specify requirements for craft—
a: entering New Zealand territory:
b: arriving in New Zealand:
c: arriving in the EEZ:
d: while they remain in New Zealand territory.
5: A craft risk management standard may specify requirements in any appropriate manner, including, but not limited to, 1 or more of the following:
a: measures to be applied:
b: evidence or information to be provided about the measures:
c: a statement of the outcome to be achieved and the criteria to determine whether the outcome has been achieved.
6: A craft risk management standard may specify—
a: information that must be provided to the Director-General:
b: the period before the craft's arrival in New Zealand by which the information must be provided:
c: the form and manner in which the information must be provided. Section 24E inserted 18 September 2012 section 20 Biosecurity Law Reform Act 2012 Section 24E(1)(a) amended 26 March 2015 section 4 Biosecurity Amendment Act 2015
24F: From draft to recommendation
1: A chief technical officer begins the process of making a craft risk management standard by analysing or assessing the risks associated with a class or description of craft.
2: If the officer considers that a standard could assist in effectively managing the risks, the officer may draft a proposed standard.
3: The chief technical officer must consult the following persons about the draft standard:
a: the chief executive of every department whose responsibilities for natural resources or human health may be adversely affected by it; and
b: any other persons the chief technical officer considers to be representative of the classes of persons having an interest in it.
4: In the course of developing the version of the standard for recommendation to the Director-General, the officer—
a: must have regard to the matters raised by the persons consulted; and
b: must have regard to the following matters in relation to craft of the class or description proposed for coverage by the standard:
i: the likelihood that the craft will import organisms into New Zealand territory:
ii: the nature of the organisms that the craft may import into New Zealand territory:
iii: the possible effect on human health, the New Zealand environment, and the New Zealand economy of the organisms that the craft may import into New Zealand territory:
iv: New Zealand's obligations under international agreements; and
c: must have regard to the following matters in relation to craft of the class or description proposed for coverage by the standard and the requirements proposed for inclusion in the standard:
i: the extent to which the requirements reduce or manage the likelihood of adverse effects from organisms that may be imported in or on the craft:
ii: the extent to which the requirements reduce or manage the impacts of adverse effects from organisms that may be imported in or on the craft; and
d: may have regard to the following matters in relation to craft of the class or description proposed for coverage by the standard and the requirements proposed for inclusion in the standard:
i: the direct cost of the requirements on owners or operators, or the persons in charge, of craft:
ii: the direct cost of the requirements on the Crown:
iii: other economic factors involved in implementing the requirements:
iv: technical and operational factors involved in implementing the requirements; and
e: may have regard to any other matters that the officer considers relevant to achieving the purpose of this Part.
5: The officer then recommends to the Director-General that the Director-General issue the standard. Section 24F inserted 18 September 2012 section 20 Biosecurity Law Reform Act 2012
24G: Issue
1: After receiving the officer's recommendation under section 24F(5)
2: If the Director-General decides to issue a standard, he or she must—
a: decide on the date on which the standard is to come into force; and
b: issue the standard with the date in it.
3: A standard under this section—
a: is secondary legislation ( see Part 3
b: commences in accordance with subsection (2), even if it is not yet published. 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 make it available for the public to read free of charge at the office of the maker during normal office hours or on an Internet site maintained by or on behalf of the Ministry 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 24G inserted 18 September 2012 section 20 Biosecurity Law Reform Act 2012 Section 24G(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
24H: Amendment, revocation, suspension, and reinstatement
Amendment and revocation
1: Sections 24F 24G
a: proposed amendments to a craft risk management standard:
b: a proposal to revoke a craft risk management standard.
2: However, if a chief technical officer considers that the standard needs to be amended or revoked urgently or that a proposed amendment is minor, the officer is not required to comply with section 24F(3) Suspension
3: Subsections (4) and (5) apply if a chief technical officer believes on reasonable grounds that circumstances or knowledge have changed in such a way as to cause the requirements in a craft risk management standard to no longer enable the purposes of this Part to be achieved.
4: The officer may recommend to the Director-General the suspension of the standard.
5: After receiving the officer's recommendation, the Director-General may suspend the standard. Reinstatement
6: Subsections (7) and (8) apply if a chief technical officer believes on reasonable grounds that circumstances or knowledge have changed in such a way as to cause the requirements in a suspended craft risk management standard to again enable the purposes of this Part to be achieved.
7: The officer may recommend to the Director-General the reinstatement of the standard.
8: After receiving the officer's recommendation, the Director-General may reinstate the standard. Secondary legislation
9: An amendment, revocation, suspension, or reinstatement of a craft risk management standard—
a: is secondary legislation ( see Part 3
b: commences in accordance with section 24G(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 The maker must make it available for the public to read free of charge at the office of the maker during normal office hours or on an Internet site maintained by or on behalf of the Ministry 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 24H inserted 18 September 2012 section 20 Biosecurity Law Reform Act 2012 Section 24H(9) heading inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 24H(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
24I: Publication
Section 24I repealed 28 October 2021 section 3 Secondary Legislation Act 2021
24J: Compliance
An operator, or the person in charge, of a craft to which a craft risk management standard applies must—
a: take all reasonable steps to comply with the standard; and
b: if required by an inspector, do the following:
i: provide the inspector with a declaration in an approved form setting out the steps taken to comply with the standard; and
ii: provide the inspector with the declaration in an approved manner. Section 24J inserted 18 September 2012 section 20 Biosecurity Law Reform Act 2012
24K: Craft risk management plans
1: This section applies if a person—
a: is an owner or an operator, or the person in charge, of a craft; and
b: wants to operate under a craft risk management plan containing requirements that are equivalent to but different from those specified in the applicable craft risk management standard.
2: The person must—
a: make the plan; and
b: submit it to the Director-General for approval.
3: The Director-General may approve the plan if satisfied that the risks can be managed under the plan to the same extent as, or a greater extent than, they can be managed under the applicable craft risk management standard.
4: The Director-General must include in the approval of the plan a statement of the class or description of activity to which it applies.
5: The Director-General may include in the approval of the plan a statement of the period for which the approval is valid.
6: If the Director-General ceases to be satisfied under subsection (3), the Director-General may—
a: withdraw the approval; or
b: follow the following process:
i: the Director-General informs the person of the aspects of the plan that have ceased to satisfy the Director-General; and
ii: the person may submit draft amendments to the Director-General; and
iii: the Director-General may approve the draft amendments or require other amendments; and
iv: whether or not the person submits draft amendments to the Director-General, the Director-General may withdraw approval of the plan if it is not amended to the Director-General's satisfaction within a reasonable time.
7: Throughout the period that the plan has the approval of the Director-General, a person who complies with the plan for an activity to which the plan applies does not have to comply also with the applicable craft risk management standard for the activity.
8: An operator, or the person in charge, of a craft to which a craft risk management plan applies must—
a: comply with the plan; and
b: if required by an inspector, do the following:
i: provide the inspector with a declaration in an approved form setting out the steps taken to comply with the plan; and
ii: provide the inspector with the declaration in an approved manner. Section 24K inserted 18 September 2012 section 20 Biosecurity Law Reform Act 2012 Clearance of risk goods
25: Goods to be cleared for entry into New Zealand
1: No person may cause or permit any uncleared goods imported on any craft to leave that craft, except to proceed to a transitional facility or a biosecurity control area.
2: A person may cause or permit uncleared goods that are in a transitional facility, biosecurity control area, or containment facility
3: Uncleared goods that are in a transitional facility, biosecurity control area, or containment facility
4: Uncleared goods that are in a transitional facility, biosecurity control area, or containment facility may leave the facility or area if an inspector authorises their movement to a transitional facility, biosecurity control area, or containment facility.
5: An authorisation may—
a: specify how the goods must be moved:
b: specify a time period within which the goods must be moved:
c: specify how the goods must be dealt with at their destination.
6: An authorisation may impose conditions.
7: An authorisation may be given to—
a: a facility operator:
b: a person in charge of the goods in any capacity at a particular time:
c: another person in charge of the goods in any capacity at the same or a later time:
d: a person in possession of the goods at a particular time:
e: another person in possession of the goods at the same or a later time.
8: A person to whom an inspector gives an authorisation must—
a: act within its terms; and
b: take all reasonable steps to communicate its terms to all other persons who come into possession or control of the uncleared goods to which the authorisation relates
c: take all other reasonable steps to ensure that other persons act within its terms.
9: A person who comes into possession or control of the uncleared goods to which an authorisation relates Section 25 replaced 26 November 1997 section 14 Biosecurity Amendment Act 1997 Section 25(2) replaced 18 September 2012 section 21 Biosecurity Law Reform Act 2012 Section 25(2) amended 8 September 2018 section 15(1) Statutes Amendment Act 2018 Section 25(3) replaced 18 September 2012 section 21 Biosecurity Law Reform Act 2012 Section 25(3) amended 8 September 2018 section 15(2) Statutes Amendment Act 2018 Section 25(4) replaced 8 September 2018 section 15(3) Statutes Amendment Act 2018 Section 25(5) inserted 18 September 2012 section 21 Biosecurity Law Reform Act 2012 Section 25(6) inserted 18 September 2012 section 21 Biosecurity Law Reform Act 2012 Section 25(7) inserted 18 September 2012 section 21 Biosecurity Law Reform Act 2012 Section 25(8) inserted 18 September 2012 section 21 Biosecurity Law Reform Act 2012 Section 25(8)(b) amended 8 September 2018 section 15(4) Statutes Amendment Act 2018 Section 25(9) inserted 18 September 2012 section 21 Biosecurity Law Reform Act 2012 Section 25(9) amended 8 September 2018 section 15(5) Statutes Amendment Act 2018
26: Clearances by inspectors
1: An inspector must not give a clearance for the entry into New Zealand of goods contrary to section 27 section 27
2: An inspector must not give a clearance for the entry into New Zealand of goods contrary to section 28 Section 26 replaced 18 September 2012 section 22 Biosecurity Law Reform Act 2012
27: Requirements for clearances
1: An inspector must not give a clearance for goods unless satisfied—
a: that the goods are not risk goods; or
b: that—
i: the goods are of a kind that would not usually be considered as risk goods; and
ii: on or after arrival in New Zealand, the goods may have harboured or contained a harmful organism; and
iii: a chief technical officer has issued guidelines, or given directions, on measures that may be applied to manage the risks from the organism effectively; and
iv: the measures have been properly applied; or
c: that—
i: the goods are goods to which an import health standard applies; and
ii: the goods comply with the requirements in the standard for receiving a clearance; or
d: that—
i: the goods are goods to which an import health standard applies; and
ii: the goods do not comply with the requirements in the standard for receiving a clearance; and
iii: a chief technical officer has issued guidelines, or given directions, on measures, different from those in the standard, that may be applied to manage effectively risks of the kind arising from the non-compliance; and
iv: the measures have been properly applied.
2: An inspector satisfied as required by subsection (1) must not give a clearance for goods if he or she is aware of any of the following that makes it unwise for them to be given a clearance:
a: circumstances or documents associated with the goods:
b: circumstances or documents associated with the importation of the goods:
c: circumstances or documents associated with the craft on which the goods were imported.
3: The Director-General must ensure that the following information is available on an Internet site maintained by or on behalf of the Ministry:
a: the guidelines and directions referred to in subsection (1)(b)(iii) and (d)(iii):
b: the following details about decisions to give a clearance to goods under subsection (1)(d):
i: the goods given clearance; and
ii: the nature of the non-compliance with the requirements in an applicable import health standard; and
iii: the reasons for giving the clearance. Section 27 replaced 18 September 2012 section 23 Biosecurity Law Reform Act 2012
27A: Post-clearance conditions on clearances
1: An inspector who gives a biosecurity clearance under section 26
2: The inspector may impose only such conditions as are approved by a chief technical officer specifically or generally.
3: A chief technical officer must not approve conditions that are inconsistent with relevant post-clearance requirements of an applicable import health standard.
4: The conditions may,—
a: specify the use to which the goods must be put:
b: specify the restrictions or conditions on the use of the goods:
c: specify how long a restriction or condition lasts by reference to a period of time, a date, or an event:
d: specify how the goods must be managed or disposed of:
e: specify the place or area within which the goods must be kept, managed, or used:
f: require notification of a change in circumstances that affects the goods:
g: require reporting to an inspector or another specified person in specified circumstances on specified matters:
h: deal with any other matters reasonably necessary for the effective management of the risks associated with the goods. Section 27A inserted 18 September 2012 section 23 Biosecurity Law Reform Act 2012
28: Restrictions on giving clearances
1: An inspector must not give a biosecurity clearance for goods that are or contain an organism specified in Schedule 2
1A: However, subsection (1) does not prohibit an inspector from giving a biosecurity clearance for goods the importation of which involves, or might involve, an incidentally imported new organism.
2: Where any new organism is an organism for which—
a: the Authority has given approval for importation into containment in accordance with sections 42 45
b: there is in existence a containment facility approved as meeting the standard set by the Authority; and
c: the organism is able to go to that facility,— any inspector may authorise that organism to go to that containment facility. Section 28 replaced 29 July 1998 section 130 Biosecurity Amendment Act 1997 Section 28(1A) inserted 9 April 2008 section 7 Biosecurity Amendment Act (No 2) 2008
28A: Dealing with suspected new organism
1: Any inspector may seize any organism which the inspector has reason to believe may be a new organism.
2: The provisions of sections 116 117
3: A chief technical officer may permit an organism seized under this section to be held in the custody of the Director-General for so long as is necessary for the importer to apply to the Authority for a determination under section 26
4: Where an organism is held in accordance with this section, the estimated costs and expenses of the custody and maintenance of the organism must be paid in advance to the Director-General by the importer.
5: When the Director-General's custody of an organism ceases, the Director-General must calculate the actual and reasonable costs and expenses of holding the organism and, if those actual and reasonable costs—
a: exceed the amount paid in accordance with subsection (4), the balance of the costs and expenses are recoverable as a debt due to the Crown from the importer:
b: are less than the amount paid in accordance with subsection (4), the overpayment must be refunded to the importer.
6: Where any organism held under subsection (3) is declared to be a new organism, the chief technical officer may, either generally or in any particular case, give any reasonable directions as to the disposal of, or any other dealing with, that organism, but must not give a biosecurity clearance for that organism. Section 28A inserted 29 July 1998 section 130 Biosecurity Amendment Act 1997
28B: Biosecurity clearance for certain new organisms and qualifying organisms
Section 28 Hazardous Substances and New Organisms Act 1996
a: section 38BA
b: section 38C
c: section 38I
d: section 48
e: section 49F Section 28B replaced 18 September 2012 section 24 Biosecurity Law Reform Act 2012
29: Restricted organisms to be contained
1: No person may cause or permit any restricted organism that is in a transitional facility, a biosecurity control area, or a containment facility to leave that facility or area, except—
a: to proceed, in accordance with the authority of an inspector, to a transitional facility, a biosecurity control area, or a containment facility; or
b: in accordance with the authority of an inspector, to be exported from New Zealand.
2: Authority to move a restricted organism given by an inspector in accordance with this section may be given subject to conditions. Section 29 replaced 26 November 1997 section 16 Biosecurity Amendment Act 1997 Inspections, declarations, etc
30: Uncleared imports
1: An inspector may require a person arriving in New Zealand to surrender to an inspector uncleared goods that are risk goods that the person has in his or her possession or under his or her control.
1A: The purpose for which the inspector may exercise the power in subsection (1) is to enable the goods to be disposed of under this Act.
1B: An inspector may require a person arriving in New Zealand to make a declaration about 1 or more of the following in a manner specified by the inspector:
a: the person's name:
b: the person's date of birth:
c: the person's nationality:
d: the person's country of birth:
e: the person's occupation:
f: the person's passport number:
g: any evidence of identity that the person has that is not a passport:
h: the person's residential address and contact details:
i: where and when the person has travelled before and where and when the person will travel in future:
j: whether the person has goods of a kind specified in the declaration in his or her possession, including as part of his or her personal effects or baggage:
k: the place where goods of a kind specified in the declaration were acquired:
l: the origin of goods of a kind specified in the declaration:
m: details of the flight or voyage on which the person arrived in New Zealand.
2: Every person arriving in New Zealand shall permit any inspector to inspect and examine any specified goods in his or her possession as part of his or her personal effects or baggage, and afford to the inspector all reasonable facilities and assistance in carrying out the inspection and examination. 1967 No 50 s 22 Section 30(1) replaced 18 September 2012 section 25 Biosecurity Law Reform Act 2012 Section 30(1A) inserted 18 September 2012 section 25 Biosecurity Law Reform Act 2012 Section 30(1B) inserted 18 September 2012 section 25 Biosecurity Law Reform Act 2012
30A: Processing unaccompanied goods
1: Where any imported goods other than goods inspected, examined, or surrendered in accordance with section 30 section 35 or biosecurity control area
a: open any bag, box, parcel, container, or other thing containing the goods:
b: inspect the goods.
2: An inspector may enter a transitional facility or biosecurity control area for the purposes of subsection (1), but must do so—
a: at a reasonable time or times; and
b: in the manner required by section 112
3: Subsections (4) to (9) apply to goods in a transitional facility or biosecurity control area that—
a: are risk goods; or
b: contain risk goods; or
c: are unauthorised goods; or
d: contain unauthorised goods.
4: A chief technical officer may give directions that—
a: may apply to the particular goods or to goods of their kind:
b: may be about disposal, treatment, or any other dealing:
c: must be reasonable.
5: A person to whom the directions are given must comply with them.
6: A chief technical officer may offer the importer or owner of the goods the option of exporting the goods or returning them to their place of origin at the importer's or owner's expense.
7: A chief technical officer may—
a: permit the goods to be held in the Director-General's custody for as long as is necessary for the importer to obtain a biosecurity clearance:
b: require payment in advance of the estimated costs and expenses of the custody and maintenance of the goods.
8: A chief technical officer exercising powers under any of subsections (4), (6), or (7) must, as far as practicable, act in a manner that is consistent with avoiding or minimising loss to the importer or owner of the goods while achieving the purpose of this Part.
9: If the goods in a transitional facility or biosecurity control area are an endangered species, as defined in section 3
a: consult the Director-General of Conservation about the disposal of the goods; and
b: dispose of the goods as the chief technical officer thinks fit. Section 30A inserted 26 November 1997 section 17 Biosecurity Amendment Act 1997 Section 30A(1) amended 8 July 2003 section 5 Biosecurity Amendment Act 2003 Section 30A(2) replaced 18 September 2012 section 26 Biosecurity Law Reform Act 2012 Section 30A(3) replaced 18 September 2012 section 26 Biosecurity Law Reform Act 2012 Section 30A(4) inserted 18 September 2012 section 26 Biosecurity Law Reform Act 2012 Section 30A(5) inserted 18 September 2012 section 26 Biosecurity Law Reform Act 2012 Section 30A(6) inserted 18 September 2012 section 26 Biosecurity Law Reform Act 2012 Section 30A(7) inserted 18 September 2012 section 26 Biosecurity Law Reform Act 2012 Section 30A(8) inserted 18 September 2012 section 26 Biosecurity Law Reform Act 2012 Section 30A(9) inserted 18 September 2012 section 26 Biosecurity Law Reform Act 2012
31: Boarding of craft
1: Subject to subsection (2), an inspector may, for the purpose of ascertaining the presence of risk goods, require the person in charge of—
a: any craft, used for the transportation of people or goods, or both, by air, that is within New Zealand territory; or
b: any craft, used for the transportation of people or goods, or both, by sea, that is within the area of sea adjacent to New Zealand and bounded by the outer limits of the contiguous zone of New Zealand— to—
c: bring the craft to for boarding on being so directed by an inspector; and
d: by all reasonable means, facilitate the boarding of the craft by an inspector; and
e: by all reasonable means, facilitate the inspection of the craft, including its exterior surfaces, by an inspector.
2: A craft carrying an inspector who gives a direction under this section must be clearly identifiable as being a craft in the service of the Crown. Section 31(1) replaced 1 August 1996 Biosecurity Amendment Act (No 2) 1996 Section 31(1)(d) replaced 18 September 2012 section 27 Biosecurity Law Reform Act 2012 Section 31(1)(e) inserted 18 September 2012 section 27 Biosecurity Law Reform Act 2012
32: Powers relating to craft
1: Subject to subsection (2), any person who has the power under any provision in this Act to enter any craft and who has reasonable grounds to suspect that a craft in New Zealand territory contains any unwanted organism may direct the master or other person in charge of the craft to—
a: move it to and stop it at any place within New Zealand territory; or
b: move it and keep it outside New Zealand territory; or
c: take any specified action on or in respect of the craft.
2: Before exercising a power conferred by subsection (1), the person who proposes to exercise the power shall consult the chief executives of—
a: the New Zealand Customs Service
b: the Ministry for Primary Industries. Section 32(2)(a) amended 1 October 1996 section 289(1) Customs and Excise Act 1996
33: Risk goods on board craft
1: Where there are any risk goods on board or attached to the outside of
a: deal with the goods in a manner specified by the inspector while the craft is in New Zealand territory; or
b: move the craft outside New Zealand territory (immediately, or within a period specified by the inspector); or
c: destroy the goods in a place and manner approved by the inspector for the purpose.
2: Subject to subsection (3), where the master or person in charge of a craft fails or refuses to comply with a direction under subsection (1), any inspector may—
a: direct the master or other person in charge of the craft to move the craft outside New Zealand territory (immediately, or within a period specified by the inspector); or
b: seize , destroy, or deal with
3: Where—
a: an inspector gives a direction under subsection (1) in respect of goods of a particular kind or description on board or attached to the outside of
b: there are for the time being in force under this Act regulations prescribing the manner in which risk goods of that kind or description should be dealt with while on board or attached to the outside of compliance with those regulations shall be deemed to be a sufficient compliance with the direction.
4: Nothing in this section limits or affects the generality of section 32 Section 33(1) amended 18 September 2012 section 28(1) Biosecurity Law Reform Act 2012 Section 33(2)(b) amended 18 September 2012 section 28(2) Biosecurity Law Reform Act 2012 Section 33(3)(a) amended 18 September 2012 section 28(3) Biosecurity Law Reform Act 2012 Section 33(3)(b) amended 18 September 2012 section 28(3) Biosecurity Law Reform Act 2012
34: Disembarkation
1: For the purpose of ascertaining the presence of or controlling any risk goods, a person on board a craft that has arrived in New Zealand shall obey every reasonable direction given to the person concerning disembarkation—
a: by an inspector; or
b: on the direction of an inspector, by the person in charge of the craft or a crew member of the craft.
2: Unless otherwise directed by an inspector, every person arriving in New Zealand shall—
a: go directly to a biosecurity control area; and
b: remain there for such reasonable time as an inspector may require to ascertain the presence of any risk goods.
3: This subsection applies to a person and a biosecurity control area if the person is required by subsection (2) to go directly to the biosecurity control area and remain there for such reasonable time as an inspector may require to ascertain the presence of any risk goods.
4: An inspector, and any person the inspector calls to the inspector's assistance, may use such force as is reasonably necessary to—
a: compel to go to the biosecurity control area concerned a person to whom subsection (3) applies who has been directed by the inspector to go directly there; but—
i: has failed or refused to do so within a reasonable time of being so directed; or
ii: has attempted to go instead to some other place; or
b: detain in the biosecurity control area concerned a person to whom subsection (3) applies who—
i: has been required by the inspector to remain there for a reasonable time to ascertain the presence of any risk goods; but
ii: has attempted to leave the biosecurity control area in contravention of the requirement; or
c: stop, return to, and detain in the biosecurity control area concerned a person to whom subsection (3) applies who has gone to the biosecurity control area, and—
i: has been required by the inspector to remain there for a reasonable time to ascertain the presence of any risk goods; but
ii: has left the biosecurity control area in contravention of the requirement; or
d: stop, return to, and detain in the biosecurity control area concerned a person to whom subsection (3) applies who has gone to the biosecurity control area, but left before the inspector has—
i: required the person to remain there; or
ii: had a reasonable time to ascertain the presence of any risk goods.
5: Every person who has disembarked from a craft that has arrived in New Zealand, whether or not the person boarded the craft in New Zealand, shall make his or her accompanying baggage available for inspection by an inspector. 1967 No 50 s 22
35: Duties of persons in biosecurity control areas
1: A person in a biosecurity control area must answer all questions asked by an inspector about—
a: the person's identity:
b: the person's residential address and contact details:
c: the presence, nature, origin, or itinerary of goods in the person's possession or under his or her immediate control:
d: any other matter on which the inspector requires information.
2: The purpose for which the inspector may ask for information under subsection (1)(d) is to exercise a power or carry out a function or duty under this Part.
3: A person in a biosecurity control area must, if asked to do so by an inspector, provide the inspector with the person's passport or any evidence of identity that the person has that is not a passport.
4: An inspector to whom a passport or evidence of identity is provided under subsection (3)—
a: may take a copy; and
b: may keep the copy for a lawful purpose; and
c: must return the passport or evidence immediately after—
i: inspecting it; or
ii: inspecting and copying it.
5: A person in a biosecurity control area must, if asked to do so by an inspector, make available to an inspector goods in the person's possession or under his or her immediate control.
6: The purpose for which an inspector may make a request under subsection (5) is to enable an inspector to examine the goods to ascertain whether or not risk goods are present.
7: A person in a biosecurity control area must comply with a reasonable direction of an inspector in relation to risk goods. Section 35 replaced 18 September 2012 section 29 Biosecurity Law Reform Act 2012
35A: Duty of persons to remain in biosecurity control areas
1: This section applies to a person in a biosecurity control area who has arrived in New Zealand.
2: The person must remain in the area until the person's arrival in New Zealand is processed by the taking of whichever of the following steps are relevant:
a: consideration by an officer authorised under the Act of the applicability to the person of powers or duties in the Act:
b: a request by an inspector that an officer not present at the area consider exercising a particular power, or carrying out a particular duty, in the Act that the inspector considers—
i: may be applicable to the person; and
ii: may not be exercised or carried out by an officer present; and
iii: may be exercised or carried out by the officer to whom the request is made:
c: the lapse of time following the request that is reasonable to allow a response from the officer to whom the request is made:
d: the exercise of a particular power, or the carrying out of a particular duty, in the Act in response to the request if the requested officer decides to exercise the power or carry out the duty:
e: the exercise, as far as practicable, in the area of the powers under the Act that are required to be exercised in the area:
f: the carrying out, as far as practicable, in the area of the duties under the Act that are required to be carried out in the area:
g: compliance by the person with all obligations imposed on him or her under the Act relating to his or her arrival in New Zealand.
3: An inspector may direct a person to comply with the person's duties under this section. Definition for this section
4: In this section, Act Customs and Excise Act 2018 Immigration Act 2009 Section 35A inserted 18 September 2012 section 29 Biosecurity Law Reform Act 2012 Section 35A(4) amended 1 October 2018 section 443(3) Customs and Excise Act 2018
36: Movement of risk goods
Any person who moves biosecurity control Section 36 amended 18 September 2012 section 30 Biosecurity Law Reform Act 2012 Section 36 amended 26 November 1997 section 18 Biosecurity Amendment Act 1997
37: Approval of ports as places of first arrival
1: The Director-General may, by written notice to the operator of a port, approve a port as a place of first arrival for all craft or craft of specified kinds or descriptions if satisfied that there are available, and capable of operating to approved standards, all arrangements, facilities (other than office and parking facilities), and systems that the Director-General for the time being reasonably requires, in relation to that port, for the purposes of this Part.
2: An approval given under subsection (1) may limit the arrival of craft to arrivals for the purposes specified in the approval.
3: The Director-General must, when considering the arrangements, facilities, and systems available at a port in accordance with subsection (1), have regard to—
a: the alternative arrangements, facilities, and systems that are or could be made available; and
b: the cost to the port operator of each alternative arrangement, facility, and system; and
c: the extent to which each alternative arrangement, facility, and system would assist the Director-General in managing the risks associated with the importation of risk goods.
4: All arrangements, facilities (other than office or parking facilities), and systems required in accordance with subsection (1) are available for use by the Crown at no expense to the Crown.
5: The Director-General must,—
a: within 28 days after approving a port in accordance with subsection (1), publish in the Gazette
b: at all reasonable times make the written notice available for inspection at the place specified in the Gazette
6: The Director-General must be satisfied of the matters referred to in subsection (1), whether or not all of the arrangements, facilities, and systems are under the control of the operator of the port concerned.
7: Before taking any action under this section, the Director-General must consult in accordance with section 37D
8: Where approval is declined under this section, the Director-General must give reasons for his or her decision.
9: Where a decision under this section is made by a person acting under the delegated authority of the Director-General, the port operator is entitled to have the decision reviewed by the Director-General.
10: The Director-General—
a: may, for the purpose of subsection (1), approve standards relating to the operation of arrangements, facilities, and systems at a port to be approved as a place of first arrival; and
b: must, before approving the standard, consult the persons that the Director-General considers representative of the classes of persons likely to have an interest in a proposed standard.
11: If the Director-General approves a standard under subsection (10)(a), the Director-General must—
a: decide on the date on which the standard is to come into force; and
b: approve the standard with the date in it.
12: A standard under subsection (10)(a)—
a: is secondary legislation ( see Part 3
b: commences in accordance with subsection (11), even if it is not yet published. 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 37 replaced 26 November 1997 section 19 Biosecurity Amendment Act 1997 Section 37(10) inserted 8 September 2018 section 16 Statutes Amendment Act 2018 Section 37(11) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 37(12) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
37A: Approval of arrival of craft at port not approved as place of first arrival
1: A person may request the Director-General's approval for the arrival of a craft at a port that is not approved under section 37
a: any craft; or
b: craft of the kind or description of the craft to which the request relates; or
c: craft arriving for the purpose that the craft to which the request relates is arriving for.
2: The Director-General may approve the arrival of the craft at the port if he or she is satisfied that imposing conditions on the arrival of the craft at the port can manage the risks associated with—
a: the importation of risk goods; and
b: the entry of the craft into New Zealand territory.
2A: The Director-General may give his or her approval subject to the necessary conditions.
3: Before taking action under this section, the Director-General must consult in accordance with section 37D Section 37A inserted 26 November 1997 section 19 Biosecurity Amendment Act 1997 Section 37A(1) replaced 18 September 2012 section 31 Biosecurity Law Reform Act 2012 Section 37A(2) replaced 18 September 2012 section 31 Biosecurity Law Reform Act 2012 Section 37A(2A) inserted 18 September 2012 section 31 Biosecurity Law Reform Act 2012
37B: Suspension of approval
1: If the Director-General is no longer satisfied that the provisions of section 37(1)
a: by written notice to its operator, suspend the port's approval under section 37(1)
b: by written notice in the Gazette section 37(1)
c: by written notice in the Gazette section 37(1)
2: Before taking action under this section, the Director-General must consult in accordance with section 37D
3: In exercising a power under this section, the Director-General must observe the rules of natural justice.
4: Where a decision under this section is made by a person acting under the delegated authority of the Director-General, the port operator is entitled to have the decision reviewed by the Director-General. Section 37B inserted 26 November 1997 section 19 Biosecurity Amendment Act 1997
37C: Port operators
1: Nothing in section 37
a: to use or patronise facilities under the operator's control; or
b: to contribute, directly or indirectly, towards the expense of operating facilities under the operator's control that the user has not used or patronised.
2: No operator of a port may wilfully or recklessly represent that the port is an approved place of first arrival for any craft other than craft specified in the approval.
3: No operator may wilfully or recklessly represent that the port is an approved place of first arrival where no approval has been given or an approval has been suspended or revoked. Section 37C inserted 26 November 1997 section 19 Biosecurity Amendment Act 1997
37D: Director-General to consult chief executives
The Director-General must not take any action under sections 37 37A 37B
a: the New Zealand Customs Service; and
b: the Ministry of Health; and
c: the New Zealand Police; and
d: the Ministry of Transport; and
e: every other department of State whose operations may, in the Director-General's opinion, be affected by the action. Section 37D inserted 26 November 1997 section 19 Biosecurity Amendment Act 1997
38: Importers' records
1: An importer must keep records about goods the importer intends to import or imports, in accordance with regulations that may specify—
a: the class or description of importer who must keep the records, which may be a class or description that is narrower than the definition of importer in section 2A
b: the class or description of goods about which records must be kept:
c: the class or description of records that must be kept:
d: the manner in which the records must be kept:
e: the period for which the records must be kept.
2: The importer must make the records available to an inspector if an inspector requires them to be made available during the period that the importer must keep them. Section 38 replaced 18 September 2012 section 32 Biosecurity Law Reform Act 2012
39: Approval and cancellation of approval of transitional facilities and containment facilities
1:
1A:
2: Any person may apply in an approved form and manner
2A: The Director-General must consider every application for approval of a place as a containment facility made under subsection (2) and,—
a: if the application complies with the requirements of this Act; and
b: if the place meets the relevant standards approved by the Authority in accordance with the Hazardous Substances and New Organisms Act 1996 the Director-General may approve the place as a containment facility.
3: The Director-General must consider every application for approval of a place as a transitional facility
a: if the application complies with the requirements of this Act; and
b: if the place meets the relevant standards approved under subsection (10) the Director-General may approve the place as a transitional facility for the purpose specified in the approval
3A: The Director-General may approve the place as a transitional facility or a containment facility
3B: The Director-General may amend conditions in an approval, remove conditions from an approval, or add conditions to an approval when he or she considers it necessary or desirable to do so.
4: A transitional facility approval given in accordance with this section must, where the approval specifies, expire at a time specified in the approval or upon the occurrence of an event specified in the approval.
5: A transitional facility approval given in accordance with this section may specify the uncleared goods that may be held in the facility.
6: A containment facility approval given in accordance with this section may specify the organisms that may be held in the facility.
7: The Director-General may, by written notice to the facility operator
a: the facility no longer complies with the relevant standards; or
b: the Director-General is satisfied that the facility is no longer used for the purpose or 1 or more of the purposes specified in the approval.
8: In exercising a power under subsection (7), the Director-General must observe the rules of natural justice.
9: The Director-General may, if he or she thinks fit and without an application from any person, declare specified parts of ports approved as places of first arrival to be transitional facilities. Standards for transitional facilities
10: The Director-General may approve standards for building, maintaining, or operating transitional facilities.
11: The Director-General must consult the persons the Director-General considers representative of the classes of persons likely to have an interest in a proposed standard before approving the standard.
12: If the Director-General approves a standard, the Director-General must—
a: decide on the date on which the standard is to come into force; and
b: approve the standard with the date in it.
13: A standard under subsection (10)—
a: is secondary legislation ( see Part 3
b: commences in accordance with subsection (12), even if it is not yet published. 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 39 replaced 26 November 1997 section 20 Biosecurity Amendment Act 1997 Section 39 heading replaced 18 September 2012 section 33(1) Biosecurity Law Reform Act 2012 Section 39(1) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 39(1A) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 39(2) amended 18 September 2012 section 33(3) Biosecurity Law Reform Act 2012 Section 39(2A) inserted 29 July 1998 section 131(2) Biosecurity Amendment Act 1997 Section 39(3) amended 29 July 1998 section 131(1)(b) Biosecurity Amendment Act 1997 Section 39(3) amended 29 July 1998 section 131(1)(c) Biosecurity Amendment Act 1997 Section 39(3)(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 39(3A) inserted 18 September 2012 section 33(4) Biosecurity Law Reform Act 2012 Section 39(3A) amended 8 September 2018 section 17 Statutes Amendment Act 2018 Section 39(3B) inserted 18 September 2012 section 33(4) Biosecurity Law Reform Act 2012 Section 39(7) amended 18 September 2012 section 33(5) Biosecurity Law Reform Act 2012 Section 39(10) heading inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 39(10) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 39(11) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 39(12) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 39(13) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
40: Approval and cancellation of approval of facility operators
1: Any person may apply, in an approved form and manner
2: Every application must be accompanied by such further information as the Director-General may require.
3: The Director-General must consider every application made under subsection (1).
3A: In considering an application, the Director-General may take the matters in subsection (3B) into account in relation to—
a: the applicant:
b: a person involved in the management of the applicant:
c: an organisation of which the applicant is or was a director or manager.
3B: The matters are—
a: a serious or repeated failure to comply in the past with a duty imposed by this Act on a facility operator:
b: a conviction for an offence against this Act, the Customs and Excise Act 2018 Hazardous Substances and New Organisms Act 1996
c: a conviction in New Zealand or another country for an offence relating to fraud or dishonesty:
d: a conviction in New Zealand or another country for an offence relating to a business of a kind that is regulated under this Act or any other enactment administered by the Ministry and involving—
i: management control in New Zealand or another country:
ii: business activities in New Zealand or another country:
e: any circumstances that could lead to a failure to comply in the future with a duty imposed by this Act on a facility operator.
3C: The Director-General may approve the applicant as a facility operator if satisfied that the applicant—
a: is a fit and proper person to be the operator of the transitional facility or containment facility specified in the application; and
b: is able to comply with the operating standards for the facility.
3D: The Director-General may approve the applicant as a facility operator—
a: on the condition that the operator will comply with applicable standards; and
b: on any other conditions that the Director-General considers necessary or desirable.
3E: The Director-General may amend conditions in an approval, remove conditions from an approval, or add conditions to an approval when he or she considers it necessary or desirable to do so.
4: The Director-General may, by written notice to a person, and whether or not the Director-General has suspended the person's approval under section 40D
a: the person is no longer operating the facility in compliance with the operating standards for the facility; or
b: the person has ceased to act as operator of the facility; or
c: the person is no longer a fit and proper person to operate the facility.
5: In exercising a power under subsection (4), the Director-General must observe the rules of natural justice.
6: A facility operator must comply with—
a: all the conditions of the facility approval and the operator approval; and
b: all directions given by an inspector relating to goods held at the facility; and
c: all restrictions relating to the release of goods held at the facility communicated to the operator by an inspector. Section 40 replaced 26 November 1997 section 21 Biosecurity Amendment Act 1997 Section 40 heading replaced 18 September 2012 section 34(1) Biosecurity Law Reform Act 2012 Section 40(1) amended 18 September 2012 section 34(2) Biosecurity Law Reform Act 2012 Section 40(3) replaced 18 September 2012 section 34(3) Biosecurity Law Reform Act 2012 Section 40(3A) inserted 18 September 2012 section 34(3) Biosecurity Law Reform Act 2012 Section 40(3B) inserted 18 September 2012 section 34(3) Biosecurity Law Reform Act 2012 Section 40(3B)(b) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 40(3C) inserted 18 September 2012 section 34(3) Biosecurity Law Reform Act 2012 Section 40(3D) inserted 18 September 2012 section 34(3) Biosecurity Law Reform Act 2012 Section 40(3E) inserted 18 September 2012 section 34(3) Biosecurity Law Reform Act 2012 Section 40(4) amended 18 September 2012 section 34(4) Biosecurity Law Reform Act 2012 Section 40(6) replaced 18 September 2012 section 34(5) Biosecurity Law Reform Act 2012
40A: Suspension of facility approval
1: The Director-General may suspend an approval given under section 39
2: The maximum period of the suspension is 3 months.
3: The Director-General may extend the period of a suspension if the Director-General has reasonable grounds to believe that the non-compliance with the applicable standard has not been rectified.
4: The period of extension must not exceed 3 months.
5: The Director-General must lift a suspension or extension before its period ends if the Director-General has reasonable grounds to believe that the non-compliance occasioning the suspension has been rectified.
6: In exercising a power under subsections (1) to (5), the Director-General must observe the rules of natural justice.
7: The maximum total period of suspension under this section is 6 months.
8: At the end of the maximum total period of suspension, the Director-General may cancel the approval if the Director-General has reasonable grounds to believe that the non-compliance occasioning the suspension has not been rectified. Section 40A inserted 18 September 2012 section 35 Biosecurity Law Reform Act 2012
40B: Notice requirements
1: If the Director-General suspends an approval under section 40A(1)
2: The Director-General must give the notice before the suspension takes effect.
3: The notice must specify—
a: the reason for the suspension; and
b: the period of the suspension; and
c: the date on which, or the date and time at which, the suspension starts; and
d: the steps to be taken to enable the suspension to be lifted.
4: If the Director-General extends the period of suspension under section 40A(3)
5: The Director-General must give the notice before the expiry of the original suspension.
6: The notice must specify—
a: the reason for the extension; and
b: the period of the extension; and
c: the date on which, or the date and time at which, the extension starts; and
d: the steps to be taken to enable the extension to be lifted. Section 40B inserted 18 September 2012 section 35 Biosecurity Law Reform Act 2012
40C: Effect of suspension and extension
1: When a suspension or extension is imposed under section 40A
2: The suspension or extension does not affect any other actions that the Director-General, a chief technical officer, or an inspector may take under this Act. Section 40C inserted 18 September 2012 section 35 Biosecurity Law Reform Act 2012
40D: Suspension of operator approval
1: The Director-General may suspend an approval given under section 40
a: the facility operator has not complied with section 40(6)
b: the facility operator has committed an offence under section 154N(17)
2: The maximum period of the suspension is 3 months.
3: The Director-General may extend the period of a suspension if the Director-General has reasonable grounds to believe that the conduct occasioning the suspension has not been rectified.
4: The period of extension must not exceed 3 months.
5: The Director-General must lift a suspension or extension before its period ends if the Director-General has reasonable grounds to believe that the conduct occasioning the suspension has been rectified.
6: In exercising a power under subsections (1) to (5), the Director-General must observe the rules of natural justice.
7: The maximum total period of suspension under this section is 6 months.
8: At the end of the maximum total period of suspension, the Director-General may cancel the approval if the Director-General has reasonable grounds to believe that the non-compliance occasioning the suspension has not been rectified. Section 40D inserted 18 September 2012 section 35 Biosecurity Law Reform Act 2012
40E: Notice requirements
1: If the Director-General suspends an approval under section 40D(1)
2: The Director-General must give the notice before the suspension takes effect.
3: The notice must specify—
a: the reason for the suspension; and
b: the period of the suspension; and
c: the date on which, or the date and time at which, the suspension starts; and
d: the steps to be taken to enable the suspension to be lifted.
4: If the Director-General extends the period of suspension under section 40D(3)
5: The Director-General must give the notice before the expiry of the original suspension.
6: The notice must specify—
a: the reason for the extension; and
b: the period of the extension; and
c: the date on which, or the date and time at which, the extension starts; and
d: the steps to be taken to enable the extension to be lifted. Section 40E inserted 18 September 2012 section 35 Biosecurity Law Reform Act 2012
40F: Effect of suspension and extension
1: When a suspension or extension is imposed under section 40D
2: The suspension or extension does not affect any other actions that the Director-General, a chief technical officer, or an inspector may take under this Act. Section 40F inserted 18 September 2012 section 35 Biosecurity Law Reform Act 2012
41: Designation of quarantine area
1: The Director-General may by notice in the Gazette
2: An inspector may, by the display of a clearly visible notice within a biosecurity control area, designate any place within that biosecurity control area to be a quarantine area.
3: A designation under subsection (2) shall ordinarily expire after 48 hours, or when sooner revoked; but it may be extended once by an inspector for a further period of not more than 48 hours.
4: Every quarantine area shall be under the direct control of an inspector.
5: No person shall, knowing that an area is a quarantine area, enter, leave, or use the area for any purpose, without the permission of the inspector who has control of the area. Definitions for information-sharing provisions Heading inserted 6 April 2012 section 4 Biosecurity Amendment Act 2012
41A: Definitions
1: In this section and sections 41B to 41I access agency border information
a: means information—
i: that is required to be supplied to the Ministry or the Customs by or under this Act or the Customs and Excise Act 2018
ii: that is otherwise lawfully supplied or collected for a border protection purpose; and
b: includes, without limitation, information about—
i: goods, persons, or craft:
ii: import or export transactions:
iii: importers or exporters; and
c: also includes data or information that is derived from, or related to, any information referred to in paragraphs (a) and (b) or any analysis of that information border protection purpose
a: a Ministry-related
b: a customs-related border management function chief executive Customs
a: means the New Zealand Customs Service; and
b: includes the chief executive and any Customs officer customs-related border management function Customs and Excise Act 2018 Joint Border Management System JBMS section 302(4) Ministry
a: the Director-General; and
b: any inspector appointed under section 103 Ministry-related border management function
a: any function, duty, or power imposed or conferred on the Ministry by or under this Part:
b: any other function, duty, or power imposed or conferred on the Ministry by or under this Act that is necessary—
i: to achieve the purpose of this Part; or
ii: for the administration of this Part:
c: any function, duty, or power imposed or conferred on the Ministry by or under any of the following Acts in relation to the effective management of risks associated with the movement of goods, persons, or craft into or out of New Zealand:
i: the Food Act 2014
ii: the Hazardous Substances and New Organisms Act 1996
iii: the Agricultural Compounds and Veterinary Medicines Act 1997
iv: the Animal Products Act 1999
v: the Wine Act 2003
vi: any other Act that is specified by the Governor-General, by Order in Council made under section 165A
2: Section 41A inserted 6 April 2012 section 4 Biosecurity Amendment Act 2012 Section 41A(1) biosecurity-related border management function repealed 24 June 2014 section 7(1) Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 Section 41A(1) border information amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 41A(1) border protection purpose amended 24 June 2014 section 7(2) Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 Section 41A(1) computer system repealed 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 41A(1) customs-related border management function replaced 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 41A(1) Joint Border Management System JBMS replaced 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 41A(1) Ministry-related border management function inserted 24 June 2014 section 7(1) Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 Section 41A(1) Ministry-related border management function amended 1 March 2016 section 447 Food Act 2014 Section 41A(2) repealed 1 October 2018 section 443(3) Customs and Excise Act 2018 Interim arrangements for information sharing Heading repealed 1 September 2017 section 41GAA(3)
41B: Purpose of sections 41C to 41E
Section 41B repealed 1 September 2017 section 41GAA(3)
41C: Interim collection of border information
Section 41C repealed 1 September 2017 section 41GAA(3)
41D: Requirement by or under this Act to supply border information is complied with if information is supplied to Customs or other agency
Section 41D repealed 1 September 2017 section 41GAA(3)
41E: Interim access to border information
Section 41E repealed 1 September 2017 section 41GAA(3)
41F: Expiry of sections 41B to 41E and agreements made under section 41E
OIC LI 2016/148 2017-09-01 Biosecurity Act 1993 or on a later date by OIC (applies to sections 41B to 41E only) | This is overriden by s 41GAA(3) that will repeal on the same date the same sections and the cross heading above 41B and section 41F. Discussed with Doreen (MF 2/7/2014). A later date has been appointed by the Customs and Excise (Expiry Date for Interim Arrangements for Information Sharing for Joint Border Management) Order 2016 LI 2016/148. TJ 7/16 Section 41F repealed 1 September 2017 section 41GAA(3) Information sharing for joint border management Heading inserted 6 April 2012 section 4 Biosecurity Amendment Act 2012
41GAA: Application of sections 41G to 41I
1: Sections 41G to 41I section 282I(1)
2: The interim arrangements for information sharing are the arrangements under all or any of the following:
a: sections 282E to 282H section 282H
b: sections 41B to 41E section 41E
3: On that date of expiry (as provided in section 282I(1) sections 41B to 41F Section 41GAA inserted 24 June 2014 section 8 Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014
41G: Collection of border information
1: The Ministry may—
a: collect any border information:
b: store any border information in a JBMS
2: If the border information is personal information, subsection (1) applies despite anything in information privacy principle 2 or 3 Privacy Act 2020
3: The Minister may appoint any agency (in addition to, or instead, of the Customs) to exercise any of the powers conferred on the Ministry by subsection (1). Section 41G inserted 6 April 2012 section 4 Biosecurity Amendment Act 2012 Section 41G(1)(b) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 41G(2) amended 1 December 2020 section 217 Privacy Act 2020
41H: Requirement by or under this Act to supply border information is complied with if information is supplied to Customs or other agency
1: A person must be taken to have complied with a requirement by or under this Act to supply any border information to the Ministry if, instead of to the Ministry, the person supplies the border information to—
a: the Customs, for the purposes of, and in accordance with, section 302(1)
b: an agency appointed under section 41G(3) section 302(1)
2: However, subsection (1) does not apply if the Director-General has given the person a written notice requiring the border information to be supplied to the Ministry instead of to the Customs or an agency appointed under section 41G(3) Section 41H inserted 6 April 2012 section 4 Biosecurity Amendment Act 2012 Section 41H(1)(a) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 41H(1)(b) amended 1 October 2018 section 443(3) Customs and Excise Act 2018
41I: Ministry may access border information
1: The Ministry may access any border information stored in a JBMS Ministry-related
2: If the border information is personal information, subsection (1) applies despite anything in information privacy principle 10 Privacy Act 2020
3: Subsections (1) and (2) apply to any border information stored in a JBMS
a: before, on, or after the commencement of this section; or
b: by an agency appointed under section 41G(3)
4: To avoid doubt, nothing in subsection (1) limits or prevents the Ministry from carrying out an analysis of any border information to which it has access under that subsection for the purpose of examining risk patterns or risk profiles in relation to any or all of the following:
a: goods, persons, or craft:
b: import or export transactions:
c: importers or exporters. Section 41I inserted 6 April 2012 section 4 Biosecurity Amendment Act 2012 Section 41I(1) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 41I(1) amended 24 June 2014 section 9 Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 Section 41I(2) amended 1 December 2020 section 217 Privacy Act 2020 Section 41I(3) amended 1 October 2018 section 443(3) Customs and Excise Act 2018
4: Surveillance and prevention
42: Purpose of Part 4
The purpose of this Part is to provide for the continuous monitoring of New Zealand's status in regard to pests and unwanted organisms—
a: to facilitate the provision of assurances and certificates in relation to exports of organisms and their products; and
b: as a basis for the proper administration of this Act, including the institution of precautionary actions, emergency and exigency arrangements, and pest management plans or pathway management plans
c: to monitor the effect of pest management plans or pathway management plans
d: otherwise to enable any of New Zealand's international reporting obligations and trading requirements to be met. Section 42(b) amended 18 September 2012 section 36 Biosecurity Law Reform Act 2012 Section 42(c) amended 18 September 2012 section 36 Biosecurity Law Reform Act 2012
43: Duty to provide information
1: For the purposes of this Part, an inspector or authorised person may require any person referred to in subsection (2)—
a: to provide any information held by the person concerning pests, pest agents, unwanted organisms, or risk goods
b: to provide such assistance as the inspector or authorised person reasonably requests to enable or facilitate the acquisition, collection, and recording of any such information ascertained.
2: The persons referred to for the purposes of subsection (1) are—
a: every person who owns, manages, or otherwise controls the means by which and the sources from which information required under subsection (1) may be generated; and
b: every person who owns, manages, or otherwise controls any organism , organic material, or risk goods 1969 No 53 s 6 Section 43(1)(a) amended 1 January 2005 section 3(1) Biosecurity Amendment Act 2004 Section 43(1)(a) amended 26 November 1997 section 22 Biosecurity Amendment Act 1997 Section 43(2)(b) amended 1 January 2005 section 3(2) Biosecurity Amendment Act 2004
44: General duty to inform
1: Every person is under a duty to inform the Ministry, as soon as practicable in the circumstances, of the presence of what appears to be an organism not normally seen or otherwise detected in New Zealand.
2: The duty to inform does not apply in relation to an organism that is seen or otherwise detected in a place where it may lawfully be present in accordance with an approval given under the Hazardous Substances and New Organisms Act 1996 Section 44 replaced 8 July 2003 section 6 Biosecurity Amendment Act 2003
45: Notifiable organisms
1:
2: The Governor-General may, by Order in Council, declare any organism to be a notifiable organism.
3: The Governor-General may, by Order in Council, made on the recommendation of the responsible Minister, declare any pest to which a regional pest management plan
4: The responsible Minister shall not recommend the making of an order under subsection (3), unless—
a: the regional council or regional councils concerned have asked the Minister to do so; and
b: the Minister is satisfied that it is in the public interest to do so.
5: The responsible Minister must not recommend the making of an order under subsection (2) in respect of any organism which has been approved for release in New Zealand by the Authority in accordance with the Hazardous Substances and New Organisms Act 1996
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 45(1) repealed 26 November 1997 section 35(2)(b) Biosecurity Amendment Act 1997 Section 45(3) amended 18 September 2012 section 37 Biosecurity Law Reform Act 2012 Section 45(5) inserted 29 July 1998 section 132 Biosecurity Amendment Act 1997 Section 45(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
46: Duty to report notifiable organisms
1: Every person who—
a: at any time suspects the presence of an organism in any place in New Zealand; and
b: suspects that it is for the time being declared to be a notifiable organism under subsection (2) of section 45
c: believes that it is not at the time established in that place; and
d: has no reasonable grounds for believing that the chief technical officer is aware of its presence or possible presence in that place at that time,— shall without unreasonable delay report to the chief technical officer its presence or possible presence in that place at that time.
2: Every person who—
a: at any time suspects the presence of an organism in a place in the region, or in any part of the region, of a regional council; and
b: suspects that it is for the time being declared to be an organism notifiable within the region or part under subsection (3) of section 45
c: believes that it is not at that time established in that place; and
d: has no reasonable grounds for believing that the chief technical officer is aware of its presence or possible presence in that place at that time,— shall without unreasonable delay report to the chief technical officer its presence or possible presence in that place at that time. Section 46(1)(b) amended 26 November 1997 section 35(2)(c) Biosecurity Amendment Act 1997
47: Imported risk goods
Section 47 repealed 26 November 1997 section 24 Biosecurity Amendment Act 1997
48: Power to require information
1: A chief technical officer may, by notice in writing, require the person in charge of premises used for investigating organisms or organic material, or any person employed in a professional or technical capacity in any area of biological science, to—
a: supply the chief technical officer with information held by that person on the incidence, prevalence, or distribution of specified organisms; or
b: permit the chief technical officer, or a person authorised in writing by that officer, to have access to, inspect, and test or sample specimens of any organism or tissues or parts of an organism or organic material held by that person or on those premises.
1A: A chief technical officer may, by notice in writing, require any person who has expertise or knowledge in an area of biological science to supply the chief technical officer with information held by that person on the incidence, prevalence, or distribution of specified organisms.
2: Except in relation to circumstances concerning which a regulation makes contrary provision, the reasonable expenses of a person who supplies information to a chief technical officer in response to a requirement under this section will be reimbursed out of money appropriated by Parliament for the purpose if those expenses would not have been incurred but for the requirement. Section 48(1) replaced 26 November 1997 section 25 Biosecurity Amendment Act 1997 Section 48(1A) inserted 26 November 1997 section 25 Biosecurity Amendment Act 1997
49: Use of information
Any information acquired by a chief technical officer under this Part may be published for the purpose of communicating the animal or plant health status of New Zealand, or the occurrence (in New Zealand or overseas) of pests or unwanted organisms.
50: Identification systems
1: The Director-General may, from time to time, approve systems administered by specified persons for the purpose of enabling the identification of organisms and their products and associated premises.
2: The Director-General may approve identification systems under this section for any of the following purposes:
a: facilitating pest management:
b: marking the presence or absence in organisms of particular qualities relating to the purposes of this Act:
c: meeting the certification requirements of overseas authorities in respect of New Zealand exports.
3: When considering the approval of an identification system under this section, the Director-General shall ensure that the identifications to be used—
a: provide unique, clear, and lasting identification having regard to the purpose for which the identifications are needed; and
b: do not create confusion with any other generally used system of identification.
4: Regulations made under this Act may require persons of any kind or description to use one of any 1 or more identification systems approved under this section and notified in the Gazette
5: The Director-General may, by notice in the Gazette Gazette Section 50(1) replaced 26 November 1997 section 26(1) Biosecurity Amendment Act 1997 Section 50(4) replaced 26 November 1997 section 26(2) Biosecurity Amendment Act 1997 Section 50(5) inserted 26 November 1997 section 26(2) Biosecurity Amendment Act 1997
51: Duties relating to identification of organisms
1: No person shall remove, alter, or deface any approved identification that has been used in relation to an organism except with the written permission of an inspector or with reasonable excuse.
2: No person shall knowingly use in relation to any organism—
a: an identification forming part of an approved identification system that the person is not entitled to use in relation to that organism; or
b: any mark that is likely to be mistaken for or confused with an identification forming part of an approved identification system.
3: No person required by regulations made under this Act to use one of any 1 or more identification systems notified in the Gazette Section 51(3) amended 26 November 1997 section 26(3) Biosecurity Amendment Act 1997
52: Communication of pest or
unwanted No person shall knowingly communicate, cause to be communicated, release, or cause to be released, or otherwise spread any pest or unwanted
a: in the course of and in accordance with a pest management plan
b: as provided in an emergency regulation made under section 150
c: for a scientific purpose carried out with the authority of the Minister; or
d: as permitted either generally or specifically by a chief technical officer. 1967 No 50 s 38 1967 No 147 s 111 Section 52 heading amended 26 November 1997 section 27(1) Biosecurity Amendment Act 1997 Section 52 amended 26 November 1997 section 27(1) Biosecurity Amendment Act 1997 Section 52(a) amended 18 September 2012 section 38(1) Biosecurity Law Reform Act 2012 Section 52(c) amended 18 September 2012 section 38(2) Biosecurity Law Reform Act 2012 Section 52(d) inserted 26 November 1997 section 27(2) Biosecurity Amendment Act 1997
53: Duties of owners of organisms
1: Subject to subsection (2), the owner or person in charge of an organism which that person knows or suspects constitutes, contains, or harbours a pest or unwanted organism must not—
a: cause or permit that organism to be in a place where organisms are offered for sale or are exhibited; or
b: sell or offer that organism for sale; or
c: propagate, breed, or multiply the pest or unwanted organism or otherwise act in such a manner as is likely to encourage or cause the propagation, breeding, or multiplication of the pest or unwanted organism.
2: A chief technical officer may permit an owner or person in charge of an organism to carry out an act otherwise prohibited by this section.
3: Permission given under this section must be given either by notice in the Gazette 1967 No 50 s 49 1970 No 151 s 28 1978 No 15 s 49 Section 53(1) replaced 26 November 1997 section 28(1) Biosecurity Amendment Act 1997 Section 53(2) replaced 26 November 1997 section 28(2) Biosecurity Amendment Act 1997 Section 53(3) inserted 26 November 1997 section 28(2) Biosecurity Amendment Act 1997
5: Pest management
Part 5 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
54: Purpose of this Part
The purpose of this Part is to provide for the eradication or effective management of harmful organisms that are present in New Zealand by providing for—
a: the development of effective and efficient instruments and measures that prevent, reduce, or eliminate the adverse effects of harmful organisms on economic wellbeing, the environment, human health, enjoyment of the natural environment, and the relationship between Māori, their culture, and their traditions and their ancestral lands, waters, sites, wāhi tapu, and taonga; and
b: the appropriate distribution of costs associated with the instruments and measures. Section 54 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
55: Responsible Minister may assign responsibility for decisions
1: The responsible Minister may assign responsibility for a decision on the appropriate response to an issue relating to a harmful organism or pathway.
2: The process for the Minister to assign responsibility must be set out in regulations.
3: If the Minister assigns responsibility to a department or regional council,—
a: the Minister may specify a time within which the decision must be made; and
b: the Minister may extend the time if the Minister considers that exceptional circumstances exist justifying the extension; and
c: the department or regional council must make the decision within the time or extended time. Section 55 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012 Policy direction Heading replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
56: Responsible Minister provides leadership through national policy direction
1: The responsible Minister must make a national policy direction. It is to be the only national policy direction, but it may be amended or revoked and replaced. Purpose
2: The purpose of the national policy direction is to ensure that activities under this Part provide the best use of available resources for New Zealand’s best interests and align with one another, when necessary, to contribute to the achievement of the purpose of this Part. Good neighbour rules
3: The national policy direction must contain directions on the setting of good neighbour rules in regional pest management plans. Timing requirements for determination under section 100E(3)
4: The national policy direction must contain directions on the time within which the Minister or council must make a determination under section 100E(3) Directions
5: The national policy direction may include directions on—
a: the process for making plans or small-scale management programmes:
b: the content of plans or small-scale management programmes:
c: any other matter that the responsible Minister considers necessary.
6: The following are examples of the matters on which directions may be given:
a: the circumstances in which it is or is not appropriate to use plans or small-scale management programmes:
b: the development of plans or small-scale management programmes:
c: the implementation of plans or small-scale management programmes:
d: the monitoring of plans or small-scale management programmes:
e: the review of plans or small-scale management programmes:
f: the relationship of plans with one another:
g: the relationship of small-scale management programmes with one another:
h: the relationship between plans and small-scale management programmes:
i: the achievement of appropriate consistency between plans and instruments under other enactments:
j: the achievement of appropriate consistency between small-scale management programmes and instruments under other enactments:
k: the transitional arrangements that are necessary for plans or small-scale management programmes to conform with the national policy direction.
7: Before including a direction under subsection (5), the Minister must have regard to the extent to which the direction is likely to—
a: achieve the purpose of this Part and of the national policy direction:
b: affect the flexibility of instruments or measures under this Part:
c: affect the timeliness of decisions made under this Part:
d: improve national consistency among instruments made under this Part:
e: affect the accountability of decision-makers, including the accountability of local decision-makers to their communities of interest:
f: affect any other matter that the Minister considers relevant. Section 56 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
57: Process for making national policy direction
1: The responsible Minister must prepare a proposed national policy direction ( proposal
2: After preparing the proposal, the Minister must establish, and then use, a process that—
a: the Minister is satisfied gives adequate time and opportunity to the following to make a submission on the proposal:
i: management agencies; and
ii: the rest of the public; and
b: requires a report and recommendations to be made to the Minister on the submissions and the subject matter of the proposal.
3: When the Minister receives the report and recommendations, the Minister must consider them.
4: If the Minister does not accept a recommendation, the Minister must publish the Minister's reasons on an Internet site maintained by or on behalf of the Ministry.
5: The Minister may then—
a: make changes that the Minister considers appropriate to the proposal or decide to make no changes to it; or
b: withdraw all or part of the proposal and publish the withdrawal, and the reasons for it, on an Internet site maintained by or on behalf of the Ministry.
6: When the Minister has made appropriate changes to the proposal or decided to make no changes to it, the Minister must recommend the approval of the national policy direction to the Governor-General in Council.
7: The Governor-General in Council may approve the national policy direction.
8: As soon as practicable after the Governor-General in Council has approved the national policy direction, the Minister must send a copy of the direction to every management agency and regional council.
9: A national policy direction approved 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 The maker must: LA19 ss 73 74(1)(a) cl 14 • publicly notify it in whatever form they think appropriate • publish the order made under subsection (7) in the Gazette • comply with subsection (8) 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 57 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012 Section 57(8) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 57(9) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
58: Process for amending or revoking and replacing national policy direction
1: If the national policy direction is to be amended in a way that the Minister considers would materially alter the direction, the Minister must—
a: prepare the proposed amendment; and
b: apply the process in section 57(2) to (8)
2: If the national policy direction is to be amended in a way that the Minister does not consider would materially alter the direction, the Minister must—
a: approve the amendment; and
b:
c:
d: send a copy of the amendment to every management agency and regional council.
3: If the national policy direction is to be revoked and replaced, the Minister must follow the process in section 57(1) to (8)
4: The following are secondary legislation ( see Part 3
a: an amendment under subsection (1) or (2):
b: a replacement direction under subsection (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 subsection (1) or (3). Legislation Act 2019 requirements for secondary legislation made under subsection (1) or (3) Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • publicly notify it in whatever form they think appropriate • publish the order made under section 57(7) Gazette • comply with section 57(8) 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 (2). Legislation Act 2019 requirements for secondary legislation made under subsection (2) Publication The maker must: LA19 ss 73 74(1)(a) cl 14 • publicly notify it in whatever form they think appropriate • notify the approval in the Gazette • comply with subsection (2)(d) 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 58 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012 Section 58(2)(b) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 58(2)(c) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 58(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Pest management plans National pest management plans Headings inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
59: Definitions for sections 60 to 67
For the purposes of sections 60 to 67 management agency plan proposal rule Section 59 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
60: Relationship of rules and plan with law
1: To the extent to which a bylaw of a local authority is inconsistent with a rule applying to the same locality, the rule prevails.
2: If a plan imposes obligations and costs on the Crown, the Crown must comply with the obligations and meet the costs. Section 60 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
61: First step: plan initiated by proposal
1: The first step in the making of a plan is a proposal made by—
a: a Minister; or
b: a person who submits the proposal to a Minister.
2: The proposal must set out the following matters:
a: the name of the person making the proposal:
b: the subject of the proposal, which means—
i: the organism proposed to be specified as a pest under the plan or the organisms proposed to be specified as pests under the plan; or
ii: the class or description of organism proposed to be specified as a pest under the plan or the classes or descriptions of organisms proposed to be specified as pests under the plan:
c: for each subject,—
i: a description of its adverse effects:
ii: the reasons for proposing a plan:
iii: the objectives that the plan would have:
iv: the principal measures that would be in the plan to achieve the objectives:
v: other measures that it would be reasonable to take to achieve the objectives, if there are any such measures, and the reasons why the proposed measures are preferable as a means of achieving the objectives:
vi: the reasons why a national plan is more appropriate than a regional plan:
vii: an analysis of the benefits and costs of the plan:
viii: the extent to which any persons, or persons of a class or description, are likely to benefit from the plan:
ix: the extent to which any persons, or persons of a class or description, contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the plan:
x: the rationale for the proposed allocation of costs:
xi: if it is proposed that the plan be funded by a levy under section 100L section 100L(5)(d) section 100N(1)
xii: whether any unusual administrative problems or costs are expected in recovering the costs allocated to any of the persons whom the plan would require to pay the costs:
d: any other organism intended to be controlled:
e: the effects that, in the opinion of the person making the proposal, implementation of the plan would have on—
i: economic wellbeing, the environment, human health, enjoyment of the natural environment, and the relationship between Māori, their culture, and their traditions and their ancestral lands, waters, sites, wāhi tapu, and taonga:
ii: the marketing overseas of New Zealand products:
f: if the plan would affect another pest management plan or a pathway management plan, how it is proposed to co-ordinate the implementation of the plans:
g: the powers in Part 6
h: each proposed rule and an explanation of its purpose:
i: the rules whose contravention is proposed to be an offence under this Act:
j: the management agency:
k: the means by which it is proposed to monitor or measure the achievement of the plan's objectives:
l: the actions that it is proposed local authorities, local authorities of a specified class or description, or specified local authorities may take to implement the plan, including contributing towards the costs of implementation:
m: the basis, if any, on which the management agency is to pay compensation for losses incurred as a direct result of the implementation of the plan:
n: information on the disposal of the proceeds of any receipts arising in the course of implementing the plan:
o: whether or not the plan would apply to the EEZ and, if it would, whether it would apply to all of it or parts of it and, if it would apply to parts, which parts:
p: whether the plan includes portions of road adjoining land it covers, as authorised by section 6
q: the anticipated costs of implementing the plan:
r: how it is proposed that the costs be funded:
s: the period for which it is proposed the plan be in force:
t: the consultation, if any, that has occurred on the proposal and the outcome of it:
u: any matter that the national policy direction requires be specified in a plan:
v: the steps that have been taken to comply with the process requirements in the national policy direction, if there were any. Section 61 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
62: Second step: satisfaction on requirements
If the Minister is satisfied that section 61
a: that the proposal is not inconsistent with the national policy direction; and
b: that, during the development of the proposal, the process requirements for a plan in the national policy direction, if there were any, were complied with; and
c: that the proposal has merit as a means of eradicating or effectively managing the subject of the proposal, which means—
i: the organism proposed to be specified as a pest under the plan or the organisms proposed to be specified as pests under the plan; or
ii: the class or description of organism proposed to be specified as a pest under the plan or the classes or descriptions of organisms proposed to be specified as pests under the plan; and
d: that each subject is capable of causing at some time an adverse effect on 1 or more of the following in New Zealand:
i: economic wellbeing:
ii: the viability of threatened species of organisms:
iii: the survival and distribution of indigenous plants or animals:
iv: the sustainability of natural and developed ecosystems, ecological processes, and biological diversity:
v: soil resources:
vi: water quality:
vii: human health:
viii: social and cultural wellbeing:
ix: the enjoyment of the recreational value of the natural environment:
x: the relationship between Māori, their culture, and their traditions and their ancestral lands, waters, sites, wāhi tapu, and taonga:
xi: animal welfare; and
e: that, for each subject, the benefits of the plan would outweigh the costs, after taking account of the likely consequences of inaction or other courses of action; and
f: that, for each subject, persons who are required, as a group, to meet directly any or all of the costs of implementing the plan—
i: would accrue, as a group, benefits outweighing the costs; or
ii: contribute, as a group, to the creation, continuance, or exacerbation of the problems proposed to be resolved by the plan; and
g: that, for each subject, there is likely to be adequate funding for the implementation of the plan for the shorter of its proposed duration and 5 years; and
h: that the implementation of the plan would not be contrary to New Zealand's international obligations; and
i: that each proposed rule—
i: would assist in achieving the plan's objectives; and
ii: would not trespass unduly on the rights of individuals; and
j: that the proposal is not frivolous or vexatious; and
k: that the proposal is clear enough to be readily understood; and
l: that, if the Minister rejected a similar proposal within the last 3 years, new and material information answers the Minister's objection to the previous proposal. Section 62 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
63: Third step: satisfaction with consultation or requirement of more consultation
1: If the Minister is satisfied of the matters in section 62
a: that, if Ministers' responsibilities may be affected by the plan, the Ministers have been consulted; and
b: that, if local authorities' responsibilities may be affected by the plan, the authorities have been consulted; and
c: that, if consultation with tangata whenua or other persons is appropriate, sufficient consultation has occurred.
2: In considering whether the Minister is satisfied as required by subsection (1)(c), the Minister must have regard to the following:
a: the scale of the impacts on persons who are likely to be affected by the plan; and
b: whether the persons likely to be affected by the plan or their representatives have already been consulted and, if so, the nature of the consultation; and
c: the level of support for, or opposition to, the proposal from persons who are likely to be affected by it.
3: If the Minister is satisfied as required by subsection (1), the Minister must apply section 64
4: If the Minister is not satisfied as required by subsection (1), the Minister may require consultation to be undertaken on the proposal.
5: If the Minister requires consultation to be undertaken, the Minister must determine the way or ways in which the consultation must be undertaken, including, but not limited to, ways such as—
a: consultation with persons likely to be affected by the plan or with their representatives:
b: the appointment by the Minister of 1 or more persons to carry out an independent inquiry into the proposal on terms of reference set by the Minister:
c: public notification of the proposal and the receipt of submissions.
6: After the consultation required by the Minister has been undertaken, the Minister must apply subsection (1) again. Section 63 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
64: Fourth step: approval of preparation of plan and decision on management agency
1: If the Minister is satisfied as required by section 63(1)
2: If the Minister approves the preparation of a plan, the Minister must apply section 100 Matters to be specified
3: A plan must specify the following matters:
a: the pest or pests to be eradicated or managed:
b: the plan's objectives:
c: the principal measures to be taken to achieve the objectives:
d: the means by which the achievement of the plan's objectives will be monitored or measured:
e: the sources of funding for the implementation of the plan:
f: the limitations, if any, on how the funds collected from those sources may be used to implement the plan:
g: the powers in Part 6
h: the rules, if any:
i: the management agency:
j: the actions that local authorities, local authorities of a specified class or description, or specified local authorities may take to implement the plan, including contributing towards the costs of implementation:
k: the parts of the EEZ to which the plan applies, if it applies to parts, or the fact that it applies to the whole EEZ, if it does:
l: the portions of road, if any, adjoining land covered by the plan and, as authorised by section 6
m: the plan's commencement date and termination date:
n: any matters required by the national policy direction. Compensation
4: A plan—
a: may provide for the payment of compensation for losses incurred as a direct result of the implementation of the plan:
b: must not provide for the payment of compensation for the following losses:
i: loss suffered because a person's income derived from feral or wild organisms is adversely affected by the implementation of the plan:
ii: loss suffered before an inspector or authorised person establishes the presence of the pest on the place of the person suffering the loss:
iii: loss suffered by a person who fails to comply with the plan. Rules
5: A plan may include rules for all or any of the following purposes:
a: requiring a person to take specified actions to enable the management agency to determine or monitor the presence or distribution of the pest or a pest agent:
b: requiring a person to keep records of actions taken under the rules and to send to the management agency specified information based on the records:
c: requiring the identification of specified goods:
d: prohibiting or regulating specified methods that may be used in managing the pest:
e: prohibiting or regulating activities that may affect measures taken to implement the plan:
f: requiring audits or inspections of specified actions:
g: specifying, for the purposes of section 52(a)
h: requiring the occupier of a place to take specified actions to eradicate or manage the pest or a specified pest agent on the place:
i: requiring the occupier of a place to take specified actions to eradicate or manage the habitat of the pest or the habitat of a specified pest agent on the place:
j: prohibiting or regulating specified activities by the occupier of a place if the activities are of the kind that would promote the habitat of the pest on the place:
k: requiring the occupier of a place to carry out specified activities to promote the presence of organisms that assist in the control of the pest on the place:
l: prohibiting or regulating specified activities by the occupier of a place, which deter the presence on that place of organisms that assist in the control of the pest:
m: requiring the occupier of a place to carry out specified treatments or procedures to assist in preventing the spread of the pest:
n: requiring the owner or person in charge of goods to carry out specified treatments or procedures to assist in preventing the spread of the pest:
o: requiring the destruction of goods if the goods may contain or harbour the pest or otherwise pose a risk of spreading the pest:
p: prohibiting or regulating specified uses of goods that may promote the spread or survival of the pest:
q: prohibiting or regulating the use or disposal of organic material:
r: prohibiting or regulating the use of specified practices in the management of organisms that may promote the spread or survival of the pest:
s: prohibiting or regulating the movement of goods that may contain or harbour the pest or otherwise pose a risk of spreading the pest.
6: A rule may—
a: apply generally or to different classes or descriptions of persons, places, goods, or other things:
b: apply all the time or at 1 or more specified times of the year:
c: apply throughout New Zealand or in a specified part or parts of New Zealand, with, if necessary, another rule on the same subject matter applying to another specified part of New Zealand:
d: specify that a contravention of the rule creates an offence under section 154N(18) Section 64 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
65: Fifth step: satisfaction on contents of plan and requirements
If the Minister is satisfied that section 64 section 64
a: that the plan is not inconsistent with the national policy direction; and
b: that, for each subject of the plan, the benefits of the plan outweigh the costs, after taking account of the likely consequences of inaction or other courses of action; and
c: that, for each subject of the plan, persons who are required, as a group, to meet directly any or all of the costs of implementing the plan—
i: will accrue, as a group, benefits outweighing the costs; or
ii: contribute, as a group, to the creation, continuance, or exacerbation of the problems proposed to be resolved by the plan; and
d: that, for each subject of the plan, there is likely to be adequate funding for the implementation of the plan for the shorter of its proposed duration and 5 years; and
e: that each rule—
i: will assist in achieving the plan's objectives; and
ii: will not trespass unduly on the rights of individuals; and
f: that the implementation of the plan is not contrary to New Zealand's international obligations. Section 65 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
66: Making of plan
1: If the Minister is satisfied of the matters in section 65
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 66 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012 Section 66(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
67: Exemptions from rules
1: The Minister may exempt a person from a requirement in a rule, without conditions or on conditions that the Minister considers appropriate.
2: The Minister may grant an exemption under subsection (1) only if—
a: the Minister is satisfied that granting the exemption will not significantly prejudice the attainment of the plan's objectives; and
b: the Minister is satisfied that 1 or more of the following applies:
i: the requirement has been substantially complied with and further compliance is unnecessary:
ii: the action taken on, or provision made for, the matter to which the requirement relates is as effective as, or more effective than, compliance with the requirement:
iii: the requirement is clearly unreasonable or inappropriate in the particular case:
iv: events have occurred that make the requirement unnecessary or inappropriate in the particular case.
3: The Minister may exempt all persons, a specified class of persons, persons in a specified place, or persons responsible for specified goods or things from a requirement in a rule, without conditions or on conditions that the Minister considers appropriate.
4: The Minister may grant an exemption under subsection (3) only if the Minister is satisfied that events have occurred that make the requirement unnecessary or inappropriate.
5: Conditions on which the Minister grants an exemption must be consistent with the purpose of this Part and must be no more onerous than the requirement from which the exemption is granted.
6: The Minister must determine the period of an exemption that the Minister grants.
7:
8: The following apply to the extension of the period of an exemption:
a: the Minister may grant an extension of the period; and
b: the extension must be granted before the end of the period; and
c: the extended period becomes the period of the exemption; and
d: the Minister may exercise the power in paragraph (a) more than once.
e:
9: The following are secondary legislation ( see Part 3
a: an exemption under subsection (1) or (3) (which must specify the period of the exemption and be published together with the reasons):
b: an extension under subsection (8). 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 notify 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 67 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012 Section 67(7) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 67(8)(e) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 67(9) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Regional pest management plans Heading inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
68: Definitions for sections 69 to 78
For the purposes of sections 69 to 78 council management agency plan proposal rule Section 68 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
69: Relationship of rules with law
1: To the extent to which a regulation made under this or any other Act is inconsistent with a rule, the regulation prevails.
2: To the extent to which a rule in a national pest management plan is inconsistent with a rule, the rule in the national pest management plan prevails.
3: To the extent to which a rule in a national pathway management plan is inconsistent with a rule, the rule in the national pathway management plan prevails.
4: To the extent to which a bylaw of a local authority is inconsistent with a rule applying to the same locality, the rule prevails.
5: A good neighbour rule in a plan, or action taken under a plan to enforce a good neighbour rule in the plan, are the only ways in which a plan may cause the Crown to become liable to meet obligations or costs. Section 69 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
70: First step: plan initiated by proposal
1: The first step in the making of a plan is a proposal made by—
a: the council; or
b: a person who submits the proposal to the council.
2: The proposal must set out the following matters:
a: the name of the person making the proposal:
b: the subject of the proposal, which means—
i: the organism proposed to be specified as a pest under the plan or the organisms proposed to be specified as pests under the plan; or
ii: the class or description of organism proposed to be specified as a pest under the plan or the classes or descriptions of organisms proposed to be specified as pests under the plan:
c: for each subject,—
i: a description of its adverse effects:
ii: the reasons for proposing a plan:
iii: the objectives that the plan would have:
iv: the principal measures that would be in the plan to achieve the objectives:
v: other measures that it would be reasonable to take to achieve the objectives, if there are any such measures, and the reasons why the proposed measures are preferable as a means of achieving the objectives:
vi: the reasons why the plan is more appropriate than relying on voluntary actions:
vii: an analysis of the benefits and costs of the plan:
viii: the extent to which any persons, or persons of a class or description, are likely to benefit from the plan:
ix: the extent to which any persons, or persons of a class or description, contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the plan:
x: the rationale for the proposed allocation of costs:
xi: if it is proposed that the plan be funded by a levy under section 100L section 100L(5)(d) section 100N(1)
xii: whether any unusual administrative problems or costs are expected in recovering the costs allocated to any of the persons whom the plan would require to pay the costs:
d: any other organism intended to be controlled:
e: the effects that, in the opinion of the person making the proposal, implementation of the plan would have on—
i: economic wellbeing, the environment, human health, enjoyment of the natural environment, and the relationship between Māori, their culture, and their traditions and their ancestral lands, waters, sites, wāhi tapu, and taonga:
ii: the marketing overseas of New Zealand products:
f: if the plan would affect another pest management plan or a pathway management plan, how it is proposed to co-ordinate the implementation of the plans:
g: the powers in Part 6
h: each proposed rule and an explanation of its purpose:
i: the rules, if any, that are intended to be good neighbour rules:
j: the rules whose contravention is proposed to be an offence under this Act:
k: the management agency:
l: the means by which it is proposed to monitor or measure the achievement of the plan's objectives:
m: the actions that it is proposed local authorities, local authorities of a specified class or description, or specified local authorities may take to implement the plan, including contributing towards the costs of implementation:
n: the basis, if any, on which the management agency is to pay compensation for losses incurred as a direct result of the implementation of the plan:
o: information on the disposal of the proceeds of any receipts arising in the course of implementing the plan:
p: whether the plan includes portions of road adjoining land it covers, as authorised by section 6, and, if so, the portions of road proposed to be included:
q: the anticipated costs of implementing the plan:
r: how it is proposed that the costs be funded:
s: the period for which it is proposed the plan be in force:
t: the consultation, if any, that has occurred on the proposal and the outcome of it:
u: any matter that the national policy direction requires be specified in a plan:
v: the steps that have been taken to comply with the process requirements in the national policy direction, if there were any. Section 70 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
71: Second step: satisfaction on requirements
If the council is satisfied that section 70
a: that the proposal is not inconsistent with—
i: the national policy direction; or
ii: any other pest management plan on the same organism; or
iii: any pathway management plan; or
iv: a regional policy statement or regional plan prepared under the Resource Management Act 1991
v: any regulations; and
b: that, during the development of the proposal, the process requirements for a plan in the national policy direction, if there were any, were complied with; and
c: that the proposal has merit as a means of eradicating or effectively managing the subject of the proposal, which means—
i: the organism proposed to be specified as a pest under the plan or the organisms proposed to be specified as pests under the plan; or
ii: the class or description of organism proposed to be specified as a pest under the plan or the classes or descriptions of organisms proposed to be specified as pests under the plan; and
d: that each subject is capable of causing at some time an adverse effect on 1 or more of the following in the region:
i: economic wellbeing:
ii: the viability of threatened species of organisms:
iii: the survival and distribution of indigenous plants or animals:
iv: the sustainability of natural and developed ecosystems, ecological processes, and biological diversity:
v: soil resources:
vi: water quality:
vii: human health:
viii: social and cultural wellbeing:
ix: the enjoyment of the recreational value of the natural environment:
x: the relationship between Māori, their culture, and their traditions and their ancestral lands, waters, sites, wāhi tapu, and taonga:
xi: animal welfare; and
e: that, for each subject, the benefits of the plan would outweigh the costs, after taking account of the likely consequences of inaction or other courses of action; and
f: that, for each subject, persons who are required, as a group, to meet directly any or all of the costs of implementing the plan—
i: would accrue, as a group, benefits outweighing the costs; or
ii: contribute, as a group, to the creation, continuance, or exacerbation of the problems proposed to be resolved by the plan; and
g: that, for each subject, there is likely to be adequate funding for the implementation of the plan for the shorter of its proposed duration and 5 years; and
h: that each proposed rule—
i: would assist in achieving the plan's objectives; and
ii: would not trespass unduly on the rights of individuals; and
i: that the proposal is not frivolous or vexatious; and
j: that the proposal is clear enough to be readily understood; and
k: that, if the council rejected a similar proposal within the last 3 years, new and material information answers the council's objection to the previous proposal. Section 71 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
72: Third step: satisfaction with consultation or requirement of more consultation
1: If the council is satisfied of the matters in section 71
a: that, if Ministers' responsibilities may be affected by the plan, the Ministers have been consulted; and
b: that, if local authorities' responsibilities may be affected by the plan, the authorities have been consulted; and
c: that the tangata whenua of the area who may be affected by the plan were consulted through iwi authorities and tribal runanga; and
d: that, if consultation with other persons is appropriate, sufficient consultation has occurred.
2: In considering whether the council is satisfied as required by subsection (1)(d), the council must have regard to the following:
a: the scale of the impacts on persons who are likely to be affected by the plan; and
b: whether the persons likely to be affected by the plan or their representatives have already been consulted and, if so, the nature of the consultation; and
c: the level of support for, or opposition to, the proposal from persons who are likely to be affected by it.
3: If the council is satisfied as required by subsection (1), the council must apply section 73
4: If the council is not satisfied as required by subsection (1), the council may require consultation to be undertaken on the proposal.
5: If the council requires consultation to be undertaken, the council must determine the way or ways in which the consultation must be undertaken, including, but not limited to, ways such as—
a: consultation with persons likely to be affected by the plan or with their representatives:
b: the appointment by the council of 1 or more persons to carry out an independent inquiry into the proposal on terms of reference set by the council:
c: public notification of the proposal and the receipt of submissions.
6: After the consultation required by the council has been undertaken, the council must apply subsection (1) again. Section 72 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
73: Fourth step: approval of preparation of plan and decision on management agency
1: If the council is satisfied as required by section 72(1)
2: If the council approves the preparation of a plan, the council must apply section 100 Matters to be specified
3: A plan must specify the following matters:
a: the pest or pests to be eradicated or managed:
b: the plan's objectives:
c: the principal measures to be taken to achieve the objectives:
d: the means by which the achievement of the plan's objectives will be monitored or measured:
e: the sources of funding for the implementation of the plan:
f: the limitations, if any, on how the funds collected from those sources may be used to implement the plan:
g: the powers in Part 6
h: the rules, if any:
i: the rules, if any, that are good neighbour rules:
j: the management agency:
k: the actions that local authorities, local authorities of a specified class or description, or specified local authorities may take to implement the plan, including contributing towards the costs of implementation:
l: the portions of road, if any, adjoining land covered by the plan and, as authorised by section 6, also covered by the plan:
m: the plan's commencement date and termination date:
n: any matters required by the national policy direction. Compensation
4: A plan—
a: may provide for the payment of compensation for losses incurred as a direct result of the implementation of the plan:
b: must not provide for the payment of compensation for the following losses:
i: loss suffered because a person's income derived from feral or wild organisms is adversely affected by the implementation of the plan:
ii: loss suffered before an inspector or authorised person establishes the presence of the pest on the place of the person suffering the loss:
iii: loss suffered by a person who fails to comply with the plan. Rules
5: A plan may include rules for all or any of the following purposes:
a: requiring a person to take specified actions to enable the management agency to determine or monitor the presence or distribution of the pest or a pest agent:
b: requiring a person to keep records of actions taken under the rules and to send to the management agency specified information based on the records:
c: requiring the identification of specified goods:
d: prohibiting or regulating specified methods that may be used in managing the pest:
e: prohibiting or regulating activities that may affect measures taken to implement the plan:
f: requiring audits or inspections of specified actions:
g: specifying, for the purposes of section 52(a)
h: requiring the occupier of a place to take specified actions to eradicate or manage the pest or a specified pest agent on the place:
i: requiring the occupier of a place to take specified actions to eradicate or manage the habitat of the pest or the habitat of a specified pest agent on the place:
j: prohibiting or regulating specified activities by the occupier of a place if the activities are of the kind that would promote the habitat of the pest on the place:
k: requiring the occupier of a place to carry out specified activities to promote the presence of organisms that assist in the control of the pest on the place:
l: prohibiting or regulating specified activities by the occupier of a place, which deter the presence on that place of organisms that assist in the control of the pest:
m: requiring the occupier of a place to carry out specified treatments or procedures to assist in preventing the spread of the pest:
n: requiring the owner or person in charge of goods to carry out specified treatments or procedures to assist in preventing the spread of the pest:
o: requiring the destruction of goods if the goods may contain or harbour the pest or otherwise pose a risk of spreading the pest:
p: prohibiting or regulating specified uses of goods that may promote the spread or survival of the pest:
q: prohibiting or regulating the use or disposal of organic material:
r: prohibiting or regulating the use of specified practices in the management of organisms that may promote the spread or survival of the pest:
s: prohibiting or regulating the movement of goods that may contain or harbour the pest or otherwise pose a risk of spreading the pest.
6: A rule may—
a: apply generally or to different classes or descriptions of persons, places, goods, or other things:
b: apply all the time or at 1 or more specified times of the year:
c: apply throughout the region or in a specified part or parts of the region with, if necessary, another rule on the same subject matter applying to another specified part of the region:
d: specify that a contravention of the rule creates an offence under section 154N(19) Section 73 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
74: Fifth step: satisfaction on contents of plan and requirements
If the council is satisfied that section 73 section 73
a: that the plan is not inconsistent with—
i: the national policy direction; or
ii: any other pest management plan on the same organism; or
iii: any pathway management plan; or
iv: a regional policy statement or regional plan prepared under the Resource Management Act 1991
v: any regulations; and
b: that, for each subject of the plan, the benefits of the plan outweigh the costs, after taking account of the likely consequences of inaction or other courses of action; and
c: that, for each subject of the plan, persons who are required, as a group, to meet directly any or all of the costs of implementing the plan—
i: will accrue, as a group, benefits outweighing the costs; or
ii: contribute, as a group, to the creation, continuance, or exacerbation of the problems proposed to be resolved by the plan; and
d: that, for each subject of the plan, there is likely to be adequate funding for the implementation of the plan for the shorter of its proposed duration and 5 years; and
e: that each rule—
i: will assist in achieving the plan's objectives; and
ii: will not trespass unduly on the rights of individuals. Section 74 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
75: Sixth step: decision on plan
1: When the council is satisfied of the matters in section 74
2: If the council has received submissions on the proposal, the council must—
a: set out in the report the council's reasons for accepting or rejecting the submissions; and
b: give a copy of the report to every person who made a submission.
3: The report must give the council's decision on the plan.
4: The council must give public notice—
a: stating the council's decision on the plan; and
b: stating where the plan resulting from the council's decision can be read. Section 75 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
76: Application to Environment Court about plan
1: This section applies to the plan resulting from the council's decision under section 75(3)
2: The following matters may be the subject of an application to the Environment Court:
a: any aspect of the plan:
b: whether the plan is inconsistent with the national policy direction:
c: whether the process requirements for a plan in the national policy direction, if there were any, were complied with.
3: If consultation on the proposal for the plan was undertaken by way of public notification of the proposal and the receipt of submissions, a person who made a submission on the proposal may make an application to the Environment Court.
4: If consultation on the proposal was undertaken other than by way of public notification of the proposal and the receipt of submissions, the following persons may make an application to the Environment Court:
a: a person who participated in consultation during the preparation of the proposal and whose views were provided or recorded in writing:
b: a person who participated in consultation on the proposal and whose views were provided or recorded in writing:
c: a person who is likely to be affected by the plan and did not participate in consultation only because the person was not given an opportunity to participate.
5: The application must be made within 15 working days after the date of the public notice.
6: The application is made under section 291 Resource Management Act 1991
7: The court must hold a public hearing on the application.
8: The court must—
a: dismiss the application; or
b: direct the council to modify the plan, delete a provision from the plan, or insert a provision in the plan. Section 76 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
77: Making of plan
1: A plan is made by the council fixing the council's seal to the plan.
2: If no person makes an application under section 76
3: If a person makes an application under section 76
a: decide whether the matter dealt with in the application is severable from the rest of the plan; and
b: take 1 of the courses of action described in subsection (4).
4: The courses of action are as follows:
a: if the matter dealt with in the application is severable from the rest of the plan, the council must make the plan without the matter in it and, after the Environment Court's decision, do the applicable 1 of the following:
i: if the Environment Court dismisses the application under section 76(8)(a)
ii: if the Environment Court gives a direction under section 76(8)(b)
b: if the matter dealt with in the application is not severable from the rest of the plan and the Environment Court dismisses the application under section 76(8)(a)
c: if the matter dealt with in the application is not severable from the rest of the plan and the Environment Court gives a direction under section 76(8)(b)
5: The council must give public notice of—
a: the making of the plan; and
b: the plan's commencement date or dates, as follows:
i: the commencement date of a plan made in the circumstances described in subsection (2) or (4)(b) or (c) is the date on which the council fixes the council's seal to the plan:
ii: the commencement dates of the parts of a plan made in the circumstances described in subsection (4)(a) are, for the part of the plan made first, the date on which the council fixes the council's seal to that part and, for the part of the plan made after the Environment Court's decision, the date on which the council fixes the council's seal to that part. Section 77 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
78: Exemptions from rules
1: The council may exempt a person from a requirement in a rule, without conditions or on conditions that the council considers appropriate.
2: The council may grant an exemption under subsection (1) only if—
a: the council is satisfied that granting the exemption will not significantly prejudice the attainment of the plan's objectives; and
b: the council is satisfied that 1 or more of the following applies:
i: the requirement has been substantially complied with and further compliance is unnecessary:
ii: the action taken on, or provision made for, the matter to which the requirement relates is as effective as, or more effective than, compliance with the requirement:
iii: the requirement is clearly unreasonable or inappropriate in the particular case:
iv: events have occurred that make the requirement unnecessary or inappropriate in the particular case.
3: The council may exempt all persons, a specified class of persons, persons in a specified place, or persons responsible for specified goods or things from a requirement in a rule, without conditions or on conditions that the council considers appropriate.
4: The council may grant an exemption under subsection (3) only if the council is satisfied that events have occurred that make the requirement unnecessary or inappropriate.
5: Conditions on which the council grants an exemption must be consistent with the purpose of this Part and must be no more onerous than the requirement from which the exemption is granted.
6: The council must determine the period of an exemption that the council grants.
7: The council must provide a register that—
a: records, for each exemption granted,—
i: a description of the exemption; and
ii: the reasons for the exemption; and
iii: the period of the exemption; and
b: is available for the public to read free of charge—
i: at the council's offices during the council's normal office hours; or
ii: on an Internet site maintained by or on behalf of the council.
8: The following apply to the extension of the period of an exemption:
a: the council may grant an extension of the period; and
b: the extension must be granted before the end of the period; and
c: the extended period becomes the period of the exemption; and
d: the council may exercise the power in paragraph (a) more than once. Section 78 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012 Pathway management plans National pathway management plans Headings inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
79: Definitions for sections 80 to 87
For the purposes of sections 80 to 87 management agency plan proposal rule Section 79 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
80: Relationship of rules and plan with laws
1: To the extent to which a bylaw of a local authority is inconsistent with a rule applying to the same locality, the rule prevails.
2: If a plan imposes obligations and costs on the Crown, the Crown must comply with the obligations and meet the costs. Section 80 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
81: First step: plan initiated by proposal
1: The first step in the making of a plan is a proposal made by—
a: a Minister; or
b: a person who submits the proposal to a Minister.
2: The proposal must set out the following matters:
a: the name of the person making the proposal:
b: the subject of the proposal, which means the pathway or pathways to which the proposal applies:
c: for each subject,—
i: a description of the actual or potential risks associated with it:
ii: the reasons for proposing a plan:
iii: the objectives that the plan would have:
iv: the principal measures that would be in the plan to achieve the objectives:
v: other measures that it would be reasonable to take to achieve the objectives, if there are any such measures, and the reasons why the proposed measures are preferable as a means of achieving the objectives:
vi: the reasons why a national plan is more appropriate than a regional plan:
vii: an analysis of the benefits and costs of the plan:
viii: the extent to which any persons, or persons of a class or description, are likely to benefit from the plan:
ix: the extent to which any persons, or persons of a class or description, contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the plan:
x: the anticipated costs of implementing the plan:
xi: how it is proposed that the costs be funded:
xii: the rationale for the proposed allocation of costs:
xiii: if it is proposed that the plan be funded by a levy under section 100L section 100L(5)(d) section 100N(1)
xiv: whether any unusual administrative problems or costs are expected in recovering the costs allocated to any of the persons whom the plan would require to pay the costs:
d: the effect that, in the opinion of the person making the proposal, implementation of the plan would have on—
i: economic wellbeing, the environment, human health, enjoyment of the natural environment, and the relationship between Māori, their culture, and their traditions and their ancestral lands, waters, sites, wāhi tapu, and taonga:
ii: the marketing overseas of New Zealand products:
e: if the plan would affect another pathway management plan or a pest management plan, how it is proposed to co-ordinate the implementation of the plans:
f: the powers in Part 6
g: each proposed rule and an explanation of its purpose:
h: the rules whose contravention is proposed to be an offence under this Act:
i: the management agency:
j: the means by which it is proposed to monitor or measure the achievement of the plan's objectives:
k: the actions that it is proposed local authorities, local authorities of a specified class or description, or specified local authorities may take to implement the plan, including contributing towards the costs of implementation:
l: the basis, if any, on which the management agency is to pay compensation for losses incurred as a direct result of the implementation of the plan:
m: information on the disposal of the proceeds of any receipts arising in the course of implementing the plan:
n: whether or not the plan would apply to the EEZ and, if it would, whether it would apply to all of it or parts of it and, if it would apply to parts, which parts:
o: whether the plan includes portions of road adjoining land it covers, as authorised by section 6
p: the period for which it is proposed the plan be in force:
q: the consultation, if any, that has occurred on the proposal and the outcome of it:
r: any matter that the national policy direction requires be specified in a plan:
s: the steps that have been taken to comply with the process requirements in the national policy direction, if there were any. Section 81 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
82: Second step: satisfaction on requirements
If the Minister is satisfied that section 81
a: that the proposal is not inconsistent with the national policy direction; and
b: that, during the development of the proposal, the process requirements for a plan in the national policy direction, if there were any, were complied with; and
c: that the proposal has merit as a means of managing the subject of the proposal, which means the pathway or pathways; and
d: that each subject could spread an organism that is capable of causing at some time an adverse effect on 1 or more of the following in New Zealand:
i: economic wellbeing:
ii: the viability of threatened species of organisms:
iii: the survival and distribution of indigenous plants or animals:
iv: the sustainability of natural and developed ecosystems, ecological processes, and biological diversity:
v: soil resources:
vi: water quality:
vii: human health:
viii: social and cultural wellbeing:
ix: the enjoyment of the recreational value of the natural environment:
x: the relationship between Māori, their culture, and their traditions and their ancestral lands, waters, sites, wāhi tapu, and taonga:
xi: animal welfare; and
e: that, for each subject, the benefits of the plan would outweigh the costs, after taking account of the likely consequences of inaction or other courses of action; and
f: that, for each subject, persons who are required, as a group, to meet directly any or all of the costs of implementing the plan—
i: would accrue, as a group, benefits outweighing the costs; or
ii: contribute, as a group, to the creation, continuance, or exacerbation of the problems proposed to be resolved by the plan; and
g: that, for each subject, there is likely to be adequate funding for the implementation of the plan for the shorter of its proposed duration and 5 years; and
h: that the implementation of the plan would not be contrary to New Zealand's international obligations; and
i: that each proposed rule—
i: would assist in achieving the plan's objectives; and
ii: would not trespass unduly on the rights of individuals; and
j: that the proposal is not frivolous or vexatious; and
k: that the proposal is clear enough to be readily understood; and
l: that, if the Minister rejected a similar proposal within the last 3 years, new and material information answers the Minister's objection to the previous proposal. Section 82 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
83: Third step: satisfaction with consultation or requirement of more consultation
1: If the Minister is satisfied of the matters in section 82
a: that, if Ministers' responsibilities may be affected by the plan, the Ministers have been consulted; and
b: that, if local authorities' responsibilities may be affected by the plan, the authorities have been consulted; and
c: that, if consultation with tangata whenua or other persons is appropriate, sufficient consultation has occurred.
2: In considering whether the Minister is satisfied as required by subsection (1)(c), the Minister must have regard to the following:
a: the scale of the impacts on persons who are likely to be affected by the plan; and
b: whether the persons likely to be affected by the plan or their representatives have already been consulted and, if so, the nature of the consultation; and
c: the level of support for, or opposition to, the proposal from persons who are likely to be affected by it.
3: If the Minister is satisfied as required by subsection (1), the Minister must apply section 84
4: If the Minister is not satisfied as required by subsection (1), the Minister may require consultation to be undertaken on the proposal.
5: If the Minister requires consultation to be undertaken, the Minister must determine the way or ways in which the consultation must be undertaken, including, but not limited to, ways such as—
a: consultation with persons likely to be affected by the plan or with their representatives:
b: the appointment by the Minister of 1 or more persons to carry out an independent inquiry into the proposal on terms of reference set by the Minister:
c: public notification of the proposal and the receipt of submissions.
6: After the consultation required by the Minister has been undertaken, the Minister must apply subsection (1) again. Section 83 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
84: Fourth step: approval of preparation of plan and decision on management agency
1: If the Minister is satisfied as required by section 83(1)
2: If the Minister approves the preparation of a plan, the Minister must apply section 100 Matters to be specified
3: A plan must specify the following matters:
a: the pathway or pathways to be managed:
b: the plan's objectives:
c: the principal measures to be taken to achieve the objectives:
d: the means by which the achievement of the plan's objectives will be monitored or measured:
e: the sources of funding for the implementation of the plan:
f: the limitations, if any, on how the funds collected from those sources may be used to implement the plan:
g: the powers in Part 6
h: the rules, if any:
i: the management agency:
j: the actions that local authorities, local authorities of a specified class or description, or specified local authorities may take to implement the plan, including contributing towards the costs of implementation:
k: the parts of the EEZ to which the plan applies, if it applies to parts, or the fact that it applies to the whole EEZ, if it does:
l: the portions of road, if any, adjoining land covered by the plan and, as authorised by section 6
m: the plan's commencement date and, if there is one, its termination date:
n: any matters required by the national policy direction. Compensation
4: A plan—
a: may provide for the payment of compensation for losses incurred as a direct result of the implementation of the plan:
b: must not provide for the payment of compensation for the following losses:
i: loss suffered because a person's income derived from feral or wild organisms is adversely affected by the implementation of the plan:
ii: loss suffered by a person who fails to comply with the plan. Rules
5: A plan may include rules for all or any of the following purposes:
a: requiring a person to keep records of actions taken under the rules and to send to the management agency specified information based on the records:
b: requiring the identification of specified goods:
c: prohibiting or regulating specified methods that may be used in managing the pathway:
d: prohibiting or regulating activities that may affect measures taken to implement the plan:
e: requiring audits or inspections of specified actions:
f: requiring the occupier of a place to carry out specified treatments or procedures to assist in preventing the spread of organisms that could be spread through the pathway:
g: requiring the owner or person in charge of goods or craft to carry out specified treatments or procedures to assist in preventing the spread of organisms that could be spread through the pathway:
h: requiring the destruction of goods in circumstances in which the goods pose a risk of spreading organisms that could be spread through the pathway:
i: prohibiting or regulating specified uses or movement of goods that may promote the spread of organisms through the pathway:
j: prohibiting or regulating the use or disposal of organic material on the pathway:
k: prohibiting or regulating the use of specified practices in the management of organisms that may promote the spread of organisms through the pathway.
6: A rule may—
a: apply generally or to different classes or descriptions of persons, places, goods, or other things:
b: apply all the time or at 1 or more specified times of the year:
c: apply throughout New Zealand or in a specified part or parts of New Zealand, with, if necessary, another rule on the same subject matter applying to another specified part of New Zealand:
d: specify that a contravention of the rule creates an offence under section 154N(18) Section 84 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
85: Fifth step: satisfaction on contents of plan and requirements
If the Minister is satisfied that section 84 section 84
a: that the plan is not inconsistent with the national policy direction; and
b: that, for each subject of the plan, the benefits of the plan outweigh the costs, after taking account of the likely consequences of inaction or other courses of action; and
c: that, for each subject of the plan, persons who are required, as a group, to meet directly any or all of the costs of implementing the plan—
i: will accrue, as a group, benefits outweighing the costs; or
ii: contribute, as a group, to the creation, continuance, or exacerbation of the problems proposed to be resolved by the plan; and
d: that, for each subject of the plan, there is likely to be adequate funding for the implementation of the plan for the shorter of its proposed duration and 5 years; and
e: that each rule—
i: will assist in achieving the plan's objectives; and
ii: will not trespass unduly on the rights of individuals; and
f: that the implementation of the plan is not contrary to New Zealand's international obligations. Section 85 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
86: Making of plan
1: If the Minister is satisfied of the matters in section 85
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 86 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012 Section 86(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
87: Exemptions from rules
1: The following are exempt from the requirements in rules for acts or omissions in the course of an emergency as described in subsection (2):
a: the New Zealand Defence Force:
b: a Civil Defence Emergency Management Group established under the Civil Defence Emergency Management Act 2002
c: the New Zealand Police:
d: Fire and Emergency New Zealand:
e:
f:
g: Health New Zealand, as defined in section 4
2: An emergency is,—
a: for the purposes of subsection (1)(a), an emergency relating to—
i: a threat to New Zealand's interests under section 5
ii: the safety of human life:
iii: the safety of ships or aircraft:
iv: the protection of the environment:
v: equipment or facilities of high value:
b: for the purposes of subsection (1)(b) to (g), a situation as described in paragraphs (a) and (b) of the definition of emergency section 4
3: The Minister may exempt a person from a requirement in a rule, without conditions or on conditions that the Minister considers appropriate.
4: The Minister may grant an exemption under subsection (3) only if—
a: the Minister is satisfied that granting the exemption will not significantly prejudice the attainment of the plan's objectives; and
b: the Minister is satisfied that 1 or more of the following applies:
i: the requirement has been substantially complied with and further compliance is unnecessary:
ii: the action taken on, or provision made for, the matter to which the requirement relates is as effective as, or more effective than, compliance with the requirement:
iii: the requirement is clearly unreasonable or inappropriate in the particular case:
iv: events have occurred that make the requirement unnecessary or inappropriate in the particular case.
5: The Minister may exempt all persons, a specified class of persons, persons in a specified place, or persons responsible for specified goods or things from a requirement in a rule, without conditions or on conditions that the Minister considers appropriate.
6: The Minister may grant an exemption under subsection (5) only if the Minister is satisfied that events have occurred that make the requirement unnecessary or inappropriate.
7: Conditions on which the Minister grants an exemption must be consistent with the purpose of this Part and must be no more onerous than the requirement from which the exemption is granted.
8: The Minister must determine the period of an exemption that the Minister grants.
9:
10: The following apply to the extension of the period of an exemption:
a: the Minister may grant an extension of the period; and
b: the extension must be granted before the end of the period; and
c: the extended period becomes the period of the exemption; and
d: the Minister may exercise the power in paragraph (a) more than once.
e:
11: The following are secondary legislation ( see Part 3
a: an exemption under subsection (3) or (5) (which must specify the period of the exemption and be published together with the reasons):
b: an extension under subsection (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 made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must notify 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 87 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012 Section 87(1)(d) replaced 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 87(1)(e) repealed 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 87(1)(f) repealed 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 87(1)(g) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 87(9) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 87(10)(e) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 86(11) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Regional pathway management plans Heading inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
88: Definitions for sections 89 to 98
For the purposes of sections 89 to 98 council management agency plan proposal rule Section 88 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
89: Relationship of rules with law
1: To the extent to which a regulation made under this or any other Act is inconsistent with a rule, the regulation prevails.
2: To the extent to which a rule in a national pest management plan is inconsistent with a rule, the rule in the national pest management plan prevails.
3: To the extent to which a rule in a national pathway management plan is inconsistent with a rule, the rule in the national pathway management plan prevails.
4: To the extent to which a bylaw of a local authority is inconsistent with a rule applying to the same locality, the rule prevails.
5: If a rule imposes obligations and costs on the Crown, the Crown must comply with the obligations and meet the costs. Section 89 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
90: First step: plan initiated by proposal
1: The first step in the making of a plan is a proposal made by—
a: the council; or
b: a person who submits the proposal to the council.
2: The proposal must set out the following matters:
a: the name of the person making the proposal:
b: the subject of the proposal, which means the pathway or pathways to which the proposal applies:
c: for each subject,—
i: a description of the actual or potential risks associated with it:
ii: the reasons for proposing a plan:
iii: the objectives that the plan would have:
iv: the principal measures that would be in the plan to achieve the objectives:
v: other measures that it would be reasonable to take to achieve the objectives, if there are any such measures, and the reasons why the proposed measures are preferable as a means of achieving the objectives:
vi: an analysis of the benefits and costs of the plan:
vii: the extent to which any persons, or persons of a class or description, are likely to benefit from the plan:
viii: the extent to which any persons, or persons of a class or description, contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the plan:
ix: the rationale for the proposed allocation of costs:
x: if it is proposed that the plan be funded by a levy under section 100L section 100L(5)(d) section 100N(1)
xi: whether any unusual administrative problems or costs are expected in recovering the costs allocated to any of the persons whom the plan would require to pay the costs:
d: the effects that, in the opinion of the person making the proposal, implementation of the plan would have on—
i: economic wellbeing, the environment, human health, enjoyment of the natural environment, and the relationship between Māori, their culture, and their traditions and their ancestral lands, waters, sites, wāhi tapu, and taonga:
ii: the marketing overseas of New Zealand products:
e: if the plan would affect another pathway management plan or a pest management plan, how it is proposed to co-ordinate the implementation of the plans:
f: the powers in Part 6
g: each proposed rule and an explanation of its purpose:
h: the rules whose contravention is proposed to be an offence under this Act:
i: the management agency:
j: the means by which it is proposed to monitor or measure the achievement of the plan's objectives:
k: the actions that it is proposed local authorities, local authorities of a specified class or description, or specified local authorities may take to implement the plan, including contributing towards the costs of implementation:
l: the basis, if any, on which the management agency is to pay compensation for losses incurred as a direct result of the implementation of the plan:
m: information on the disposal of the proceeds of any receipts arising in the course of implementing the plan:
n: whether the plan includes portions of road adjoining land it covers, as authorised by section 6
o: the anticipated costs of implementing the plan:
p: how it is proposed that the costs be funded:
q: the period for which it is proposed the plan be in force:
r: the consultation, if any, that has occurred on the proposal and the outcome of it:
s: any matter that the national policy direction requires be specified in a plan:
t: the steps that have been taken to comply with the process requirements in the national policy direction, if there were any. Section 90 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
91: Second step: satisfaction on requirements
If the council is satisfied that section 90
a: that the proposal is not inconsistent with—
i: the national policy direction; or
ii: any other pathway management plan or pest management plan; or
iii: a regional policy statement or regional plan prepared under the Resource Management Act 1991
iv: any regulations; and
b: that, during the development of the proposal, the process requirements for a plan in the national policy direction, if there were any, were complied with; and
c: that the proposal has merit as a means of managing the subject of the proposal, which means the pathway or pathways; and
d: that each subject could spread an organism that is capable of causing at some time an adverse effect on 1 or more of the following in the region:
i: economic wellbeing:
ii: the viability of threatened species of organisms:
iii: the survival and distribution of indigenous plants or animals:
iv: the sustainability of natural and developed ecosystems, ecological processes, and biological diversity:
v: soil resources:
vi: water quality:
vii: human health:
viii: social and cultural wellbeing:
ix: the enjoyment of the recreational value of the natural environment:
x: the relationship between Māori, their culture, and their traditions and their ancestral lands, waters, sites, wāhi tapu, and taonga:
xi: animal welfare; and
e: that, for each subject, the benefits of the plan would outweigh the costs, after taking account of the likely consequences of inaction or other courses of action; and
f: that, for each subject, persons who are required, as a group, to meet directly any or all of the costs of implementing the plan—
i: would accrue, as a group, benefits outweighing the costs; or
ii: contribute, as a group, to the creation, continuance, or exacerbation of the problems proposed to be resolved by the plan; and
g: that, for each subject, there is likely to be adequate funding for the implementation of the plan for the shorter of its proposed duration and 5 years; and
h: that each proposed rule—
i: would assist in achieving the plan's objectives; and
ii: would not trespass unduly on the rights of individuals; and
i: that the proposal is not frivolous or vexatious; and
j: that the proposal is clear enough to be readily understood; and
k: that, if the council rejected a similar proposal within the last 3 years, new and material information answers the council's objection to the previous proposal. Section 91 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
92: Third step: satisfaction with consultation or requirement of more consultation
1: If the council is satisfied of the matters in section 91
a: that, if Ministers' responsibilities may be affected by the plan, the Ministers have been consulted; and
b: that, if local authorities' responsibilities may be affected by the plan, the authorities have been consulted; and
c: that the tangata whenua of the area who may be affected by the plan were consulted through iwi authorities and tribal runanga; and
d: that, if consultation with other persons is appropriate, sufficient consultation has occurred.
2: In considering whether the council is satisfied as required by subsection (1)(d), the council must have regard to the following:
a: the scale of the impacts on persons who are likely to be affected by the plan; and
b: whether the persons likely to be affected by the plan or their representatives have already been consulted and, if so, the nature of the consultation; and
c: the level of support for, or opposition to, the proposal from persons who are likely to be affected by it.
3: If the council is satisfied as required by subsection (1), the council must apply section 93
4: If the council is not satisfied as required by subsection (1), the council may require consultation to be undertaken on the proposal.
5: If the council requires consultation to be undertaken, the council must determine the way or ways in which the consultation must be undertaken, including, but not limited to, ways such as—
a: consultation with persons likely to be affected by the plan or with their representatives:
b: the appointment by the council of 1 or more persons to carry out an independent inquiry into the proposal on terms of reference set by the council:
c: public notification of the proposal and the receipt of submissions.
6: After the consultation required by the council has been undertaken, the council must apply subsection (1) again. Section 92 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
93: Fourth step: approval of preparation of plan and decision on management agency
1: If the council is satisfied as required by section 92(1)
2: If the council approves the preparation of a plan, the council must apply section 100 Matters to be specified
3: A plan must specify the following matters:
a: the pathway or pathways to be managed:
b: the plan's objectives:
c: the principal measures to be taken to achieve the objectives:
d: the means by which the achievement of the plan's objectives will be monitored or measured:
e: the sources of funding for the implementation of the plan:
f: the limitations, if any, on how the funds collected from those sources may be used to implement the plan:
g: the powers in Part 6
h: the rules, if any:
i: the management agency:
j: the actions that local authorities, local authorities of a specified class or description, or specified local authorities may take to implement the plan, including contributing towards the costs of implementation:
k: the portions of road, if any, adjoining land covered by the plan and, as authorised by section 6, also covered by the plan:
l: the plan's commencement date and, if there is one, its termination date:
m: any matters required by the national policy direction. Compensation
4: A plan—
a: may provide for the payment of compensation for losses incurred as a direct result of the implementation of the plan:
b: must not provide for the payment of compensation for the following losses:
i: loss suffered because a person's income derived from feral or wild organisms is adversely affected by the implementation of the plan:
ii: loss suffered by a person who fails to comply with the plan. Rules
5: A plan may include rules for all or any of the following purposes:
a: requiring a person to keep records of actions taken under the rules and to send to the management agency specified information based on the records:
b: requiring the identification of specified goods:
c: prohibiting or regulating specified methods that may be used in managing the pathway:
d: prohibiting or regulating activities that may affect measures taken to implement the plan:
e: requiring audits or inspections of specified actions:
f: requiring the occupier of a place to carry out specified treatments or procedures to assist in preventing the spread of organisms that could be spread through the pathway:
g: requiring the owner or person in charge of goods or craft to carry out specified treatments or procedures to assist in preventing the spread of organisms that could be spread through the pathway:
h: requiring the destruction of goods in circumstances in which the goods pose a risk of spreading organisms that could be spread through the pathway:
i: prohibiting or regulating specified uses or movement of goods that may promote the spread of organisms through the pathway:
j: prohibiting or regulating the use or disposal of organic material on the pathway:
k: prohibiting or regulating the use of specified practices in the management of organisms that may promote the spread of organisms through the pathway.
6: A rule may—
a: apply generally or to different classes or descriptions of persons, places, goods, or other things:
b: apply all the time or at 1 or more specified times of the year:
c: apply throughout the region or in a specified part or parts of the region, with, if necessary, another rule on the same subject matter applying to another specified part of the region:
d: specify that a contravention of the rule creates an offence under section 154N(19) Section 93 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
94: Fifth step: satisfaction on contents of plan and requirements
If the council is satisfied that section 93 section 93
a: that the plan is not inconsistent with—
i: the national policy direction; or
ii: any other pathway management plan or pest management plan; or
iii: a regional policy statement or regional plan prepared under the Resource Management Act 1991
iv: any regulations; and
b: that, for each subject of the plan, the benefits of the plan outweigh the costs, after taking account of the likely consequences of inaction or other courses of action; and
c: that, for each subject of the plan, persons who are required, as a group, to meet directly any or all of the costs of implementing the plan—
i: will accrue, as a group, benefits outweighing the costs; or
ii: contribute, as a group, to the creation, continuance, or exacerbation of the problems proposed to be resolved by the plan; and
d: that, for each subject of the plan, there is likely to be adequate funding for the implementation of the plan for the shorter of its proposed duration and 5 years; and
e: that each rule—
i: will assist in achieving the plan's objectives; and
ii: will not trespass unduly on the rights of individuals. Section 94 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
95: Sixth step: decision on plan
1: When the council is satisfied of the matters in section 94
2: If the council has received submissions on the proposal, the council must—
a: set out in the report the council's reasons for accepting or rejecting the submissions; and
b: give a copy of the report to every person who made a submission.
3: The report must give the council's decision on the plan.
4: The council must give public notice—
a: stating the council's decision on the plan; and
b: stating where the plan resulting from the council's decision can be read. Section 95 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
96: Application to Environment Court about plan
1: This section applies to the plan resulting from the council's decision under section 95(3)
2: The following matters may be the subject of an application to the Environment Court:
a: any aspect of the plan:
b: whether the plan is inconsistent with the national policy direction:
c: whether the process requirements for a plan in the national policy direction, if there were any, were complied with.
3: If consultation on the proposal for the plan was undertaken by way of public notification of the proposal and the receipt of submissions, a person who made a submission on the proposal may make an application to the Environment Court.
4: If consultation on the proposal was undertaken other than by way of public notification of the proposal and the receipt of submissions, the following persons may make an application to the Environment Court:
a: a person who participated in consultation during the preparation of the proposal and whose views were provided or recorded in writing:
b: a person who participated in consultation on the proposal and whose views were provided or recorded in writing:
c: a person who is likely to be affected by the plan and did not participate in consultation only because the person was not given an opportunity to participate.
5: The application must be made within 15 working days after the date of the public notice.
6: The application is made under section 291 Resource Management Act 1991
7: The court must hold a public hearing on the application.
8: The court must—
a: dismiss the application; or
b: direct the council to modify the plan, delete a provision from the plan, or insert a provision in the plan. Section 96 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
97: Making of plan
1: A plan is made by the council fixing the council's seal to the plan.
2: If no person makes an application under section 96
3: If a person makes an application under section 96
a: decide whether the matter dealt with in the application is severable from the rest of the plan; and
b: take 1 of the courses of action described in subsection (4).
4: The courses of action are as follows:
a: if the matter dealt with in the application is severable from the rest of the plan, the council must make the plan without the matter in it and, after the Environment Court's decision, do the applicable 1 of the following:
i: if the Environment Court dismisses the application under section 96(8)(a)
ii: if the Environment Court gives a direction under section 96(8)(b)
b: if the matter dealt with in the application is not severable from the rest of the plan and the Environment Court dismisses the application under section 96(8)(a)
c: if the matter dealt with in the application is not severable from the rest of the plan and the Environment Court gives a direction under section 96(8)(b)
5: The council must give public notice of—
a: the making of the plan; and
b: the plan's commencement date or dates, as follows:
i: the commencement date of a plan made in the circumstances described in subsection (2) or (4)(b) or (c) is the date on which the council fixes the council's seal to the plan:
ii: the commencement dates of the parts of a plan made in the circumstances described in subsection (4)(a) are, for the part of the plan made first, the date on which the council fixes the council's seal to that part and, for the part of the plan made after the Environment Court's decision, the date on which the council fixes the council's seal to that part. Section 97 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
98: Exemptions from rules
1: The following are exempt from the requirements in rules for acts or omissions in the course of an emergency as described in subsection (2):
a: the New Zealand Defence Force:
b: a Civil Defence Emergency Management Group established under the Civil Defence Emergency Management Act 2002:
c: the New Zealand Police:
d: Fire and Emergency New Zealand:
e:
f:
g: Health New Zealand, as defined in section 4
2: An emergency is,—
a: for the purposes of subsection (1)(a), an emergency relating to—
i: a threat to New Zealand's interests under section 5
ii: the safety of human life:
iii: the safety of ships or aircraft:
iv: the protection of the environment:
v: equipment or facilities of high value:
b: for the purposes of subsection (1)(b) to (g), a situation as described in paragraphs (a) and (b) of the definition of emergency section 4
3: The council may exempt a person from a requirement in a rule, without conditions or on conditions that the council considers appropriate.
4: The council may grant an exemption under subsection (3) only if—
a: the council is satisfied that granting the exemption will not significantly prejudice the attainment of the plan's objectives; and
b: the council is satisfied that 1 or more of the following applies:
i: the requirement has been substantially complied with and further compliance is unnecessary:
ii: the action taken on, or provision made for, the matter to which the requirement relates is as effective as, or more effective than, compliance with the requirement:
iii: the requirement is clearly unreasonable or inappropriate in the particular case:
iv: events have occurred that make the requirement unnecessary or inappropriate in the particular case.
5: The council may exempt all persons, a specified class of persons, persons in a specified place, or persons responsible for specified goods or things from a requirement in a rule, without conditions or on conditions that the council considers appropriate.
6: The council may grant an exemption under subsection (5) only if the council is satisfied that events have occurred that make the requirement unnecessary or inappropriate.
7: Conditions on which the council grants an exemption must be consistent with the purpose of this Part and must be no more onerous than the requirement from which the exemption is granted.
8: The council must determine the period of an exemption that the council grants.
9: The council must provide a register that—
a: records, for each exemption granted,—
i: a description of the exemption; and
ii: the reasons for the exemption; and
iii: the period of the exemption; and
b: is available for the public to read free of charge—
i: at the council's offices during the council's normal office hours; or
ii: on an Internet site maintained by or on behalf of the council.
10: The following apply to the extension of the period of an exemption:
a: the council may grant an extension of the period; and
b: the extension must be granted before the end of the period; and
c: the extended period becomes the period of the exemption; and
d: the council may exercise the power in paragraph (a) more than once. Section 98 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012 Section 98(1)(d) replaced 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 98(1)(e) repealed 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 98(1)(f) repealed 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 98(1)(g) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Implementation of plans Heading inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
99: Definitions for sections 100 to 100G
For the purposes of sections 100 to 100G Minister or council operational plan
a: a national pest management plan:
b: a regional pest management plan:
c: a national pathway management plan:
d: a regional pathway management plan plan
a: a national pest management plan:
b: a regional pest management plan:
c: a national pathway management plan:
d: a regional pathway management plan. Section 99 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100: Management agencies
1: The management agency specified in a plan must be 1 of the following bodies:
a: a department:
b: a council:
c: a territorial authority:
d: a body corporate.
2: In deciding which body is to be the management agency, the Minister or council must take the following into consideration:
a: the need for accountability to those providing the funds to implement the plan; and
b: the acceptability of the body to—
i: those providing the funds to implement the plan; and
ii: those subject to management provisions under the plan; and
c: the capacity of the body to manage the plan, including the competence and expertise of the body's employees and contractors.
3: Subsection (4) applies if a management agency—
a: gives the Minister or council a written notice of resignation; or
b: goes into liquidation, receivership, statutory management, or voluntary administration; or
c: ceases to exist.
4: The Minister or council must, as soon as practicable,—
a: appoint another body to be the management agency; and
b: publicly notify the appointment. Section 100 replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100A: Powers in Part 6
1: A plan must be implemented using only the powers in Part 6
2: The management agency specified in the plan may exercise a power in Part 6
3: An authorised person may exercise a power in Part 6
a: the authorised person is appointed for the purposes of the plan; and
b: Part 6
c: the plan specifies the power as one to be used to implement that plan. Section 100A replaced 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100B: Operational plans
1: A management agency must—
a: prepare an operational plan within 3 months after the commencement date specified under section 64(3)(m) 73(3)(m) 84(3)(m) 93(3)(l)
b: review the operational plan annually; and
c: decide on appropriate amendments to the operational plan, if necessary; and
d: make copies of the operational plan and every amended version available to the public at cost; and
e: provide a copy of the operational plan and every amended version to the Minister or council.
2: A management agency must—
a: prepare a report on the operational plan and its implementation not later than 5 months after the end of each financial year; and
b: provide a copy of the report to the Minister or council.
3: A management agency for a regional pest management plan or regional pathway management plan—
a: may submit the report on the operational plan and its implementation for inclusion in the regional council's annual report; and
b: must make the report on the operational plan and its implementation available to the public as a separate document, at cost, or as an extract from the annual report, at the cost of providing the extract.
4: The Minister or council may give the management agency written notice that the Minister or council intends to disallow all or part of an operational plan on the ground that the Minister or council believes that the whole operational plan, or the part of it, is inconsistent with the plan that the operational plan implements.
5: A notice under subsection (4)—
a: must be given before, or within 20 working days after, the Minister or council receives a copy of the operational plan or an amended version under subsection (1)(e); and
b: has the effect that the whole operational plan, or the part of it, is of no effect; and
c: may be revoked by a later written notice given by the Minister or council to the management agency allowing the whole operational plan or the part. Section 100B inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100C: Duration of plans
A plan ceases to have effect when the earliest of the following occurs:
a: the plan's termination date is reached:
b: the Minister or council issues a public notice declaring that the plan's objectives have been achieved:
c: the plan is revoked following a review under section 100D Section 100C inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100D: Review of plans
Reasons for reviews
1: The Minister or council must initiate a review of a plan as a whole if—
a: the plan is due to terminate in less than 12 months and the Minister or council proposes to extend the plan's duration; or
b: the plan is due to terminate in less than 12 months and a person submits a proposal to the Minister or council to extend the plan's duration; or
c: the plan was last reviewed as a whole more than 10 years previously.
2: The Minister or council may review the whole or part of a plan if the Minister or council has reason to believe—
a: that the plan or part is failing to achieve its objectives; or
b: that relevant circumstances have changed since the plan or part commenced.
3: The Minister or council must review a plan or a relevant part of a plan if—
a: circumstances occur that are circumstances in which the national policy direction requires a review to be conducted; or
b: any other requirement of the national policy direction requires a review to be conducted. Proposal for review
4: A review is initiated by a proposal made by the Minister or council or any other person.
5: The proposal—
a: must state whether the proposal is to amend, revoke, revoke and replace, or leave unchanged the plan or part of the plan; and
b: must give reasons for the proposal; and
c: must,—
i: if the proposal is to amend the plan or part of the plan, set out any proposed amendments in full; or
ii: if the proposal is to revoke and replace the plan or part of the plan, set out the replacement plan or part; and
d: must comply with section 61 70 81 90
e: may propose that a pest or pathway, as appropriate, be added to the plan, whether or not the review is of the whole plan. Provisions applying to reviews
6: Reviews are conducted under the following sections to the extent to which they are relevant and reading in any necessary modifications:
a: sections 59 to 67
b: sections 68 to 78
c: sections 79 to 87
d: sections 88 to 98 Action after review
7: Following the review, the Minister or council may approve—
a: the amendment of the plan or part of the plan; or
b: the revocation and replacement of the plan or part of the plan; or
c: the revocation of the plan or part of the plan; or
d: the leaving unchanged of the plan or part of the plan.
8: A plan that reaches its termination date during a review that has begun continues in force and its future is determined by the action that the Minister or council approves under subsection (7). Consequence of not complying with section
9: A plan does not cease to be in force only because it is not reviewed as required by this section. Section 100D inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100E: Review of plans after national policy direction approved, amended, or revoked and replaced
1: This section applies when the national policy direction is—
a: approved by the Governor-General under section 57
b: amended under section 58(1)
c: revoked and replaced under section 58(3)
2: In this section, references to the direction mean the national policy direction as approved by the Governor-General, amended, or replaced.
3: The Minister or council must determine whether a plan is inconsistent with the direction and must do so within the timing requirements in the direction.
4: If a plan is inconsistent with the direction but the changes to the plan necessary to resolve the inconsistency would not have a significant effect on any person's rights and obligations, the Minister or council must act under section 100G
5: If the plan is inconsistent with the direction and the changes to the plan necessary to resolve the inconsistency would have a significant effect on any person's rights and obligations,—
a: the Minister or council must initiate a review to address the inconsistency under section 100D(4)
b: section 100D(5) to (9) Section 100E inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100F: Application to Environment Court if regional plan not reviewed
1: This section applies if a regional pest management plan or a regional pathway management plan is not reviewed as required by section 100D(3) 100E
2: A person may apply to the Environment Court on the basis that there is an inconsistency between the national policy direction and the regional pest management plan or the regional pathway management plan.
3: The application is made under section 291 Resource Management Act 1991
4: The court must hold a public hearing on the application.
5: The court must—
a: dismiss the application; or
b: direct the council to modify the plan, delete a provision from the plan, or insert a provision in the plan.
6: The council must comply with a direction under subsection (5)(b). Section 100F inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100G: Minor changes to plans
National pest management plan or national pathway management plan
1: The Minister may recommend to the Governor-General the amendment of a national pest management plan or a national pathway management plan by Order in Council without a review under section 100D
a: does not have a significant effect on any person's rights and obligations; and
b: is not inconsistent with the national policy direction.
2: The Governor-General may make the order.
3: An order under this section is secondary legislation ( see Part 3 Regional pest management plan or regional pathway management plan
4: A regional pest management plan or a regional pathway management plan may be amended from time to time by a council by resolution without a review under section 100D
a: does not have a significant effect on any person's rights and obligations; and
b: is not inconsistent with the national policy direction. 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 100G inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012 Section 100G(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Councils' powers and duties relating to regional plans Heading inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100H: Councils' powers and duties
1: This section applies to—
a: a regional pest management plan:
b: a regional pathway management plan.
2: The Local Government Act 2002
3: A council must not delegate—
a: the power to determine the ways in which consultation must be undertaken; or
b: the power to make, review, amend, or revoke a plan; or
c: the power to declare a small-scale management programme.
4: Two or more councils may prepare a plan jointly and, if they do, must each make it.
5: The following provisions apply to a plan prepared jointly and made by each council:
a: the councils must state in the plan whether it must be implemented by 1, some, or all of them:
b: if the plan must be implemented by 1 council, this Act and the plan have effect as if the regions of the councils are a single region with that council as the single council:
c: if the plan must be implemented by some or all of the councils,—
i: the plan must state the extent to which the councils are empowered to implement it outside their own regions; and
ii: this Act and the plan have effect as stated in the plan:
d: each council retains its power to amend or revoke the plan it has made.
6: The council must provide 1 copy of each plan made by the council to every public library in its area. Section 100H inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012 Compensation Heading inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100I: Compensation
1: This section applies to a pest management plan.
2: Subsection (3) applies when—
a: a person owns—
i: domesticated organisms infected by a pest to which a pest management plan applies; or
ii: domesticated organisms that are pest agents for a pest to which a pest management plan applies; or
iii: domesticated organisms whose feral or wild population is a pest to which a pest management plan applies; and
b: some or all of the organisms are necessarily destroyed in the course of implementing the plan; and
c: there are net proceeds available from the disposal of the organisms destroyed.
3: The net proceeds—
a: must be paid to the owner if the plan does not provide for the payment of compensation to the owner of organisms destroyed:
b: must be paid to the owner instead of compensation if the compensation payable to the owner under the plan is less than the proceeds:
c: must be retained by the management agency in any other case.
4: If there is a dispute about eligibility for, or the amount of, compensation,—
a: the dispute must be submitted to arbitration; and
b: the arbitration must be conducted under the Arbitration Act 1996 Section 100I inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012 Funding of implementation of plans Heading inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100J: Definitions for sections 100K to 100S
For the purposes of sections 100K to 100S plan
a: a national pest management plan:
b: a regional pest management plan:
c: a national pathway management plan:
d: a regional pathway management plan. Section 100J inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100K: Limitation on expenditure
A management agency must not spend funds to meet the costs of implementing a plan in contravention of the limitations, if any, that the plan imposes on the expenditure of funds. Section 100K inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012 Funding from levy Heading inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100L: Levy orders
1: The Governor-General may impose a levy for the purposes of wholly or partly funding the implementation of a plan or part of a plan.
2: The levy is payable to the plan's management agency.
3: A levy may be imposed only by Order in Council.
4: A levy order may be made only on the recommendation of a Minister.
5: The Minister may make a recommendation only if satisfied, on the basis of information and evidence that the Minister regards as satisfactory, that—
a: persons likely to be affected by the payment or collection of the levy have been consulted; and
b: persons opposing the levy's imposition have had a reasonable opportunity to put their views to the Minister; and
c: all views put to the Minister about the proposed imposition of the levy have been given due regard; and
d: the imposition of the levy is the most appropriate means of funding the plan or the part of the plan, having regard to the extent to which the levy would target—
i: persons likely to benefit from the implementation of the plan or the part of the plan; and
ii: persons who by their activities or inaction contribute to the creation, continuance, or exacerbation of the problems proposed to be resolved by the plan or the part of the plan; and
e: if the levy is imposed on quantities of a commodity imported, its imposition will not constitute a non-tariff barrier and will not be contrary to New Zealand's international legal obligations; and
f: the management agency will have in place adequate systems of accounting to persons who will be responsible for paying the levy; and
g: all other relevant matters known to the Minister have been properly considered.
6: A levy order may be made from time to time.
7: An order under this section—
a: is secondary legislation ( see Part 3
b: must be confirmed by an Act ( see subpart 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 100L inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012 Section 100L(7) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
100M: Effect of order
1: A person responsible for paying a levy set by a levy order must pay it.
2: The management agency may recover a levy from a person responsible for paying it as a debt due in a court of competent jurisdiction. Section 100M inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100N: Contents of order
1: A levy order must specify—
a: how the levy may be spent; and
b: the persons responsible for paying the levy; and
c: the persons, if any, exempt from paying the levy; and
d: the basis on which the amount of levy must be calculated or ascertained; and
e: on the rate of levy,—
i: whether there is to be a single rate or 2 or more different rates; and
ii: if there are to be 2 or more different rates, the things to which the different rates apply; and
iii: the maximum for each rate or rates; and
iv: how the management agency must set the actual rate or rates of levy; and
v: how the rate or rates of the levy and variations of the rate or rates must be notified; and
f: when and how the levy must be paid; and
g: the persons responsible for collecting the levy; and
h: on the matter of a fee for recovery,—
i: whether or not the persons responsible for collecting the levy are entitled to charge a fee for recovering it; and
ii: if so, the amount of the fee or a means by which its amount may be calculated or ascertained; and
i: for the purpose of ascertaining whether or not the order is being complied with,—
i: the keeping of accounts, statements, and records of a specified class or description by all or any of the persons responsible for collecting the levy, the persons responsible for paying it, and the management agency; and
ii: the retention of the accounts, statements, or records for a specified period; and
j: for the purpose of resolving disputes about whether or not a person is required to pay the levy and the amount of levy a person is required to pay,—
i: the appointment of arbitrators; and
ii: the procedures to be followed by arbitrators; and
iii: the remuneration of arbitrators; and
iv: the payment of arbitration costs; and
v: a right of appeal to a District Court Judge against decisions of arbitrators; and
vi: the procedures governing the exercise of the right of appeal; and
vii: any other matters relating to the resolution of disputes; and
k: the remuneration payable to an auditor appointed under section 100P
2: A levy order may specify—
a: the returns to be made to the management agency or some other person or body for the purpose of enabling or assisting the determination of amounts of levy payable:
b: the circumstances in which, and conditions subject to which, persons may be allowed extensions of time for the payment of the levy:
c: a method of paying the levy that may be used by persons who object on conscientious or religious grounds to paying the levy in the manner provided in the order:
d: a requirement for the payment of additional or increased amounts of levy when amounts of levy originally payable have been paid late, paid in part, or not paid at all:
e: a requirement for the funds from which levy payments must be made to the management agency to be held on trust in a separate account.
3: A levy order may—
a: set a rate or rates initially at zero; or
b: provide for a rate or rates to be set at zero. Section 100N inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100O: Trust accounts for levy money
1: This section applies if a levy order specifies a requirement that the funds from which levy payments must be made to the management agency must be held on trust in a separate account.
2: For the purposes of this section, the amount outstanding to the management agency on a day by a person responsible for collecting the levy is calculated by subtracting the total of the levy payments that the person makes before that day to the management agency from the total of the amounts that subsection (4) requires the person to deposit in the account not later than a day before that day.
3: A person responsible for collecting the levy must—
a: keep an account—
i: at a registered bank within the meaning of the Banking (Prudential Supervision) Act 1989
ii: named in a way that identifies it as a trust account kept by the person responsible for collecting the levy; and
b: take all practicable steps to ensure that the account is used for holding only the amounts that subsection (4) requires to be deposited in it; and
c: take all practicable steps to ensure that the balance in the account on any day is not less than the amount outstanding to the management agency on that day by the person; and
d: on ceasing to be a person responsible for collecting the levy, continue to keep the account until all the levy money payable to the management agency for the period during which the person was responsible for collecting the levy has been paid.
4: A person responsible for collecting the levy must deposit amounts in the account by depositing an amount equal to the levy, calculated as specified in the levy order, in the account—
a: on the day or days specified in the order; or
b: on a day or days calculated as specified in the order.
5: The following amount in the account is held on trust for the management agency as levy money:
a: the amount outstanding to the management agency on a day by a person responsible for collecting the levy; or
b: if the amount held is less than the amount outstanding, all the money in the account.
6: The amount in the account held on trust for the management agency—
a: is not available for the payment of any other creditor of a person responsible for collecting the levy; and
b: is not liable to be attached or taken in execution at the instance of any other creditor of a person responsible for collecting the levy. Section 100O inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012 Section 100O(3)(a)(i) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021
100P: Compliance audits for levy
1: This section applies while a levy order is in force.
2: If the management agency requests the Minister who recommended the making of the levy order to do so, the Minister may appoint 1 or more auditors to conduct an audit of the affairs of all or any of the following:
a: 1 or more of the persons responsible for collecting the levy:
b: 1 or more of the persons responsible for paying the levy.
3: The purpose of the audit is to ascertain the following matters, to the extent to which they are relevant to the affairs being audited and to which it is practicable to ascertain them, and to report to the Minister on them:
a: the extent to which persons responsible for paying the levy are doing and have done so:
b: the extent to which appropriate amounts of levy are being and have been paid:
c: the extent to which appropriate amounts of levy are being and have been collected:
d: the extent to which appropriate amounts of levy are being and have been paid to the management agency by the persons collecting the levy:
e: the extent to which accounts, statements, and records are being and have been kept:
f: the extent to which the accounts, statements, and records kept are properly kept.
4: If an arbitrator has been appointed to resolve a dispute, the Minister may appoint an auditor to conduct an audit of all or any of the persons involved in the dispute.
5: The purpose of the audit is to ascertain the matters of fact that are in dispute, to the extent to which it is practicable to ascertain them, and report them to the arbitrator, the persons involved, and the Minister.
6: No person is qualified for appointment as an auditor unless the person is a qualified auditor (within the meaning of section 35 Financial Reporting Act 2013
7: No officer or employee of any of the following may be appointed an auditor:
a: the management agency:
b: a person responsible for collecting the levy:
c: a person responsible for paying the levy.
8: A person appointed as an auditor is entitled to receive from the management agency the remuneration provided for in the order. Section 100P inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012 Section 100P(6) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
100Q: Power of auditors to require production of documents
1: This section applies to an auditor appointed under section 100P
2: The Minister may authorise the auditor, for the purposes of conducting an audit, to—
a: require the management agency, a person responsible for collecting the levy, a person responsible for paying the levy, or an employee or officer of any of the preceding 3 persons to produce for inspection in a reasonable period specified by the auditor documents that—
i: are accounts, statements, or records; and
ii: are required to be kept by this Act or a levy order; and
iii: are in the possession or under the control of the management agency or person; and
b: take copies of or extracts from the documents.
3: An authorisation under subsection (2) must—
a: be written; and
b: state the auditor's full name; and
c: refer to this section; and
d: state the powers conferred on the auditor; and
e: state whether the powers are conferred specifically or generally.
4: The auditor may act under the authorisation.
5: The auditor must not disclose any information the auditor obtains as a result of acting under the authorisation to any other person, except that the auditor may disclose information—
a: under section 100P(3) or (5)
b: to a Minister:
c: to a person authorised by a Minister to receive it:
d: for the purposes of a prosecution under this Act:
e: for the purposes of an action for the recovery of an amount due under this Act.
6: The Official Information Act 1982 Section 100Q inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100R: Management agency to account for levy
1: As soon as practicable after the end of a financial year in which a levy has been paid to a management agency, the agency must prepare the following for the year:
a: a statement of the money paid to the agency as levy in the year:
b: a statement of the assets the agency has at the end of the year as a result of money paid as levy in the year:
c: a statement of the agency's receipt and expenditure of money paid as levy in the year:
d: all other statements necessary to show fully—
i: the agency's financial position as a result of money paid as levy in the year; and
ii: the financial results of all of the agency's activities involving the use of money paid as levy in the year or the use of assets the agency has at the end of the year as a result of money paid as levy in the year.
2: The management agency must ensure that the statements are audited within 5 months after the end of the year. Section 100R inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100S: Orders are confirmable instruments
Section 100S repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Funding from rates Heading inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100T: Regional pest management plan or regional pathway management plan
1: A regional council must decide the extent to which it should fund the implementation of its regional pest management plan or its regional pathway management plan from a general rate, a targeted rate, or a combination of both, set and assessed under the Local Government (Rating) Act 2002
2: In making the decision, the council must have regard to—
a: the extent to which the plan relates to the interests of the occupiers of the properties on which the rate would be levied:
b: the extent to which the occupiers of the properties on which the rate would be levied will obtain direct or indirect benefits from the implementation of the plan:
c: the collective benefits of the implementation of the plan to the occupiers of the properties on which the rate would be levied compared with the collective costs to them of the rate:
d: for the regional pest management plan, the extent to which the characteristics of the properties on which the rate would be levied and the uses to which they are put contribute to the presence or prevalence of the pest or pests covered by it:
e: for the regional pathway management plan, the extent to which the characteristics of the properties on which the rate would be levied and the uses to which they are put contribute to the actual or potential risks associated with the pathway. Section 100T inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100U: National pest management plan or national pathway management plan
Section 100T Local Government (Rating) Act 2002
a: national pest management plans; or
b: national pathway management plans; or
c: small-scale management programmes. Section 100U inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012 Small-scale management programmes Heading inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100V: Regional council may declare small-scale management programme
1: A regional council may declare a small-scale management programme consisting of—
a: small-scale measures to eradicate or control an unwanted organism; and
b: provisions for compensation for losses caused by the programme.
2: The council may declare the programme if satisfied that—
a: an unwanted organism present in the region could cause serious adverse and unintended effects unless early action is taken to control it; and
b: the organism can be eradicated or controlled effectively by small-scale measures within 3 years of the measures starting, because—
i: its distribution is limited; and
ii: technical means to control it are available; and
c: the programme is not inconsistent with the national policy direction; and
d: the process requirements in the national policy direction for declaring the programme, if there were any, were complied with; and
e: the taking of the measures and, if necessary, payment of compensation is likely to cost less than an amount prescribed for the purposes of this section by the Governor-General by Order in Council; and
f: the taking of the measures is unlikely to result in significant monetary loss to any person, other than a person who has contributed to the presence or spread of the organism by failing to comply with biosecurity law.
3: The council may—
a: include in the programme provision for a person other than the council to take steps to bring an organism under control; and
b: meet all or some of the costs to the person of taking the steps.
4: The council declares the programme by giving public notice in a manner appropriate to the distribution of the organism and the persons likely to be affected by the programme.
5: The public notice must specify—
a: the unwanted organism that is the subject of the programme; and
b: the objectives of the programme; and
c: the powers to be exercised under Part 6
6: A programme ceases to have effect on the occurrence of the earliest of the following:
a: the regional council declares by public notice that the programme is failing to control the organism:
b: the regional council declares by public notice that the organism has been eradicated or controlled:
c: 5 years have passed after the declaration of the programme. Section 100V inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100W: Exercise of powers under programme
1: A small-scale management programme must be implemented using only the powers in Part 6 specified in the public notice.
2: An authorised person may exercise a power in Part 6
a: the authorised person is appointed for the purposes of the programme; and
b: Part 6
c: the public notice specifies the power as one to be used to implement the programme.
3: An occupier of a place on which work is to be done to implement the programme must receive a notice as follows:
a: the notice must incorporate the details in the public notice:
b: the notice must specify the work to be done:
c: the notice must be received not less than 5 working days before the work is due to start.
4: Subsection (3) does not apply if the regional council is satisfied that there are reasonable grounds to believe that the unwanted organism may spread beyond the place before the end of 5 working days. Section 100W inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
5A: Government/industry agreement for readiness or response
Part 5A inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100X: Purpose of Part 5A
The purpose of this Part is to provide a framework that enables the government and industry to work together in partnership to achieve the best possible outcomes from readiness or response activities by—
a: making joint decisions on the activities; and
b: jointly funding the costs of the activities in shares that take into account the public benefits and industry benefits that the activities deliver. Section 100X inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100Y: Definitions for Part 5A
1: In this Part,— agreement government/industry agreement for readiness or response section 100Z industry organisation section 100ZA payee section 100ZC(2) readiness or response activity readiness or response levy order section 100ZB sector
a: that are engaged in 1 or more of the following activities:
i: producing animals:
ii: producing animal products:
iii: harvesting animals:
iv: harvesting animal products:
v: producing plants:
vi: producing plant products:
vii: harvesting plants:
viii: harvesting plant products:
ix: processing animals, animal products, plants, or plant products that have been produced or harvested; or
b: that, although engaged in a different activity from any of those described in paragraph (a), would benefit directly from readiness or response activities.
2: A readiness activity
3: A response activity
a: after an event described in subsection (4); and
b: for a purpose described in subsection (5).
4: The events are—
a: the detection of an unwanted organism not previously known to be present in New Zealand:
b: the appearance of different effects of an unwanted organism known to be present in New Zealand and capable of being eradicated:
c: the development of new control methods that could make it possible to eradicate an unwanted organism known to be present in New Zealand.
5: The purposes are—
a: to investigate the unwanted organism:
b: to minimise the impact of the unwanted organism on natural and physical resources, human health, and overseas market access for New Zealand products:
c: to control the spread of the unwanted organism:
d: to reduce the geographical distribution of the unwanted organism:
e: to eradicate the unwanted organism.
6: A response activity ends when—
a: the unwanted organism is confirmed to be eradicated; or
b: long term arrangements for controlling the unwanted organism have been developed for implementation; or
c: the decision-makers for the response activity decide that it is appropriate to take no action, or no further action, on the unwanted organism. Section 100Y inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100Z: Government/industry agreement for readiness or response
1: The government/industry agreement for readiness or response is the agreement described in this section.
2: The agreement is made by deed between the Director-General and 1 or more industry organisations.
3: The agreement consists of,—
a: for a party to the deed that makes an operational agreement with the Director-General, the deed and the operational agreement:
b: for a party to the deed that does not make an operational agreement with the Director-General, the deed.
4: The agreement may include provisions on 1 or more of the following matters:
a: the unwanted organisms against which the parties wish to undertake readiness or response activities:
b: readiness or response activities that the parties have agreed to undertake:
c: joint decision-making on the readiness or response activities that the parties wish to undertake:
d: the sharing of the costs of the readiness or response activities, which may include decisions on matters such as—
i: the proportions in which the parties will share the costs:
ii: the methods by which each party will provide its share of the costs:
iii: whether or not an industry party will limit its liability to meet costs by setting a fiscal cap:
e: the variation of the compensation provisions in section 162A
f: how the parties will engage on issues relating to parts of the biosecurity system other than readiness or response activities:
g: any other matter that the parties agree on.
5: Subsection (6) applies to the exercise of a statutory power under—
a: this Act; or
b: any other Act that confers powers to carry out readiness or response activities as defined in this Act.
6: The exercise of the power cannot be challenged on the ground that it was the result of a joint decision under the agreement. Section 100Z inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100ZA: Industry organisation
1: An industry organisation is an organisation named in a notice published under subsection (2).
2: If the Minister is satisfied that an organisation meets the criteria in subsections (3), (4), (6), (7), and (9), the Minister must publish a notice in the Gazette
3: The organisation must be a body corporate.
4: The organisation must represent the interests of a sector.
5: In deciding whether an organisation represents the interests of a sector, the Minister may include the following among the factors that the Minister takes into account:
a: whether the businesses that comprise the sector that the organisation claims to represent are able to be members of the organisation or another body that is a member of the organisation:
b: the proportion of businesses that comprise the sector that are members of the organisation or another body that is a member of the organisation:
c: how accountable the executive of the organisation is to members of the organisation.
6: The organisation must have consulted the sector that would be affected by the organisation becoming a party to the agreement about the following matters:
a: the proposal that the organisation become a party to the agreement; and
b: the way in which it is proposed that the sector's views will be represented by the organisation during joint decision-making under the agreement; and
c: the arrangements proposed to fund the organisation’s commitments under the agreement.
7: The organisation must have had due regard to the views expressed during the consultation.
8: In deciding whether an organisation has had due regard to the views expressed during the consultation, the Minister must also have regard to the views expressed during the consultation.
9: The organisation must—
a: have arrangements in place to fund its commitments under the agreement; or
b: have an adequate plan as to how it is going to fund its commitments under the agreement. Section 100ZA inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100ZB: Readiness or response levy orders
1: The Governor-General may impose a levy for the purposes of wholly or partly funding an industry organisation’s commitments under the agreement.
2: A levy may be imposed only by Order in Council.
3: A levy order may be made only on the recommendation of the responsible Minister.
4: A levy may be imposed on a sector specified in a Gazette section 100ZA
5: In addition, the levy may be imposed on persons outside a sector specified in a Gazette section 100ZA
a: the Minister is satisfied that—
i: the persons are represented by an industry organisation that is a party to the agreement; and
ii: the persons are likely to receive benefits from the readiness or response activities to be funded from the levy; and
iii: the costs to the persons of paying the levy are not disproportionate to the benefits that they are likely to receive; or
b: the Minister is satisfied that—
i: the levy is the most effective and efficient means of collecting funds from the sector that the organisation represents; and
ii: it is not practicable to exclude the persons from the application of the levy; and
iii: the persons are likely to receive benefits from the readiness or response activities to be funded from the levy; and
iv: the costs to the persons of paying the levy are not disproportionate to the benefits that they are likely to receive.
6: The Minister must not recommend that a levy order be made unless satisfied that the proposed levy payers have been consulted and their views taken into account.
7: For the purposes of subsection (6), the Minister may be satisfied by consultation undertaken under section 100ZA(6)
8: A levy order may be made from time to time.
9: The order—
a: is secondary legislation ( see Part 3
b: must be confirmed by an Act ( see subpart 3 2024-07-01 Biosecurity (Response—Arable Crops Levy) Order 2023 This order must be confirmed by an Act of Parliament before the close of 30 June 2024. If it is not confirmed, it will be revoked on the close of that date. 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 100ZB inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012 Section 100ZB(9) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
100ZC: Effect of order
1: This section applies to a levy imposed by a readiness or response levy order.
2: The levy may be payable to—
a: the Director-General; or
b: the industry organisation.
3: If the levy is payable to the industry organisation, it is payable to enable the organisation to meet its commitments under the agreement.
4: A person responsible for paying the levy must pay it.
5: The payee may recover a levy from a person responsible for paying it as a debt due in a court of competent jurisdiction.
6: Nothing in a readiness or response levy order limits or prevents the provision of information to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2022 Section 100ZC inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012 Section 100ZC(6) inserted 1 September 2022 section 107(1) Data and Statistics Act 2022
100ZD: Contents of order
1: A readiness or response levy order must specify—
a: how the levy may be spent; and
b: the persons responsible for paying the levy; and
c: the persons, if any, exempt from paying the levy; and
d: the basis on which the amount of levy must be calculated or ascertained; and
e: on the rate of levy,—
i: whether there is to be a single rate or 2 or more different rates; and
ii: if there are to be 2 or more different rates, the things to which the different rates apply; and
iii: the maximum for each rate or rates; and
iv: the setting of the actual rate by the payee so that the industry organisation can meet its commitments under the agreement; and
v: how the rate or rates of the levy and variations of the rate or rates must be notified; and
f: when and how the levy must be paid; and
g: the persons responsible for collecting the levy; and
h: on the matter of a fee for recovery,—
i: whether or not the persons responsible for collecting the levy are entitled to charge a fee for recovering it; and
ii: if so, the amount of the fee or a means by which its amount may be calculated or ascertained; and
i: for the purpose of ascertaining whether or not the order is being complied with,—
i: the keeping of accounts, statements, and records of a specified class or description by all or any of the persons responsible for collecting the levy, the persons responsible for paying it, and the payee; and
ii: the retention of the accounts, statements, or records for a specified period; and
j: for the purpose of resolving disputes about whether or not a person is required to pay the levy and the amount of levy a person is required to pay,—
i: the appointment of arbitrators; and
ii: the procedures to be followed by arbitrators; and
iii: the remuneration of arbitrators; and
iv: the payment of arbitration costs; and
v: a right of appeal to a District Court Judge against decisions of arbitrators; and
vi: the procedures governing the exercise of the right of appeal; and
vii: any other matters relating to the resolution of disputes; and
k: the remuneration payable to an auditor appointed under section 100ZF
2: A readiness or response levy order may specify—
a: the returns to be made to the payee for the purpose of enabling or assisting the determination of amounts of levy payable:
b: the circumstances in which, and conditions subject to which, persons may be allowed extensions of time for the payment of the levy:
c: a method of paying the levy that may be used by persons who object on conscientious or religious grounds to paying the levy in the manner provided in the order:
d: a requirement for the payment of additional or increased levy when amounts of levy originally payable have been paid late, paid in part, or not paid at all:
e: a requirement for the funds from which levy payments must be made to the payee to be held on trust in a separate account.
3: A readiness or response levy order may—
a: set a rate or rates initially at zero; or
b: provide for a rate or rates to be set at zero. Section 100ZD inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100ZE: Trust accounts for levy money
1: This section applies if a readiness or response levy order specifies a requirement that the funds from which levy payments must be made to the payee must be held on trust in a separate account.
2: For the purposes of this section, the amount outstanding to the payee on a day by a person responsible for collecting the levy is calculated by subtracting the total of the levy payments that the person makes before that day to the payee from the total of the amounts that subsection (4) requires the person to deposit in the account not later than a day before that day.
3: A person responsible for collecting the levy must—
a: keep an account—
i: at a registered bank within the meaning of the Banking (Prudential Supervision) Act 1989
ii: named in a way that identifies it as a trust account kept by the person responsible for collecting the levy; and
b: take all practicable steps to ensure that the account is used for holding only the amounts that subsection (4) requires to be deposited in it; and
c: take all practicable steps to ensure that the balance in the account on any day is not less than the amount outstanding to the payee on that day by the person; and
d: on ceasing to be a person responsible for collecting the levy, continue to keep the account until all the levy money payable to the payee for the period during which the person was responsible for collecting the levy has been paid.
4: A person responsible for collecting the levy must deposit amounts in the account by depositing an amount equal to the levy, calculated as specified in the readiness or response levy order, in the account—
a: on the day or days specified in the order; or
b: on a day or days calculated as specified in the order.
5: The following amount in the account is held on trust for the payee as levy money:
a: the amount outstanding to the payee on a day by a person responsible for collecting the levy; or
b: if the amount held is less than the amount outstanding, all the money in the account.
6: The amount in the account held on trust for the payee—
a: is not available for the payment of any other creditor of a person responsible for collecting the levy; and
b: is not liable to be attached or taken in execution at the instance of any other creditor of a person responsible for collecting the levy. Section 100ZE inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012 Section 100ZE(3)(a)(i) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021
100ZF: Compliance audits for levy
1: This section applies while a readiness or response levy order is in force.
2: If the payee requests the Minister to do so, the Minister may appoint 1 or more auditors to conduct an audit of the affairs of all or any of the following:
a: 1 or more of the persons responsible for collecting the levy:
b: 1 or more of the persons responsible for paying the levy.
3: The purpose of the audit is to ascertain the following matters, to the extent to which they are relevant to the affairs being audited and to which it is practicable to ascertain them, and to report to the Minister on them:
a: the extent to which persons responsible for paying the levy are doing and have done so:
b: the extent to which appropriate amounts of the levy are being and have been paid:
c: the extent to which appropriate amounts of the levy are being and have been collected:
d: the extent to which appropriate amounts of the levy are being and have been paid over to the payee by the person collecting it:
e: the extent to which accounts, statements, and records are being and have been kept:
f: the extent to which the accounts, statements, and records kept are properly kept.
4: If an arbitrator has been appointed to resolve a dispute, the Minister may appoint an auditor to conduct an audit of all or any of the persons involved in the dispute.
5: The purpose of the audit is to ascertain the matters of fact that are in dispute, to the extent to which it is practicable to ascertain them, and report them to the arbitrator, the persons involved, and the Minister.
6: No person is qualified for appointment as an auditor unless the person is a qualified auditor (within the meaning of section 35 Financial Reporting Act 2013
7: No officer or employee of any of the following may be appointed an auditor:
a: the payee:
b: a person responsible for collecting the levy:
c: a person responsible for paying the levy.
8: A person appointed as an auditor is entitled to receive from the payee the remuneration provided for in the order. Section 100ZF inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012 Section 100ZF(6) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
100ZG: Power of auditors to require production of documents
1: This section applies to an auditor appointed under section 100ZF
2: The Minister may authorise the auditor, for the purposes of conducting an audit, to—
a: require the payee, a person responsible for collecting the levy, a person responsible for paying the levy, or an employee or officer of any of the preceding 3 persons to produce for inspection in a reasonable period specified by the auditor documents that—
i: are accounts, statements, or records; and
ii: are required to be kept by this Act or a levy order; and
iii: are in the possession or under the control of the payee or person; and
b: take copies of or extracts from the documents.
3: An authorisation under subsection (2) must—
a: be written; and
b: state the auditor's full name; and
c: refer to this section; and
d: state the powers conferred on the auditor; and
e: state whether the powers are conferred specifically or generally.
4: An auditor who acts under an authorisation must not disclose any information the auditor obtains as a result of acting under it to any other person, except that the auditor may disclose information—
a: under section 100ZF(3) or (5)
b: to a Minister:
c: to a person authorised by a Minister to receive it:
d: for the purposes of a prosecution under this Act:
e: for the purposes of an action for the recovery of an amount due under this Act.
5: The Official Information Act 1982 Section 100ZG inserted 18 September 2012 section 39 Biosecurity Law Reform Act 2012
100ZH: Orders are confirmable instruments
Section 100ZH repealed 28 October 2021 section 3 Secondary Legislation Act 2021
6: Administrative provisions
Appointments and delegations
101: Chief technical officers
1: The Director-General shall appoint chief technical officers for the purposes of this Act, being in each case a person with appropriate experience, technical competence, and qualifications relevant to the area of responsibilities allocated by the Director-General to that person.
2: The chief executive of a department recognised by the responsible Minister as having responsibilities for natural and physical resources or human health that could be adversely affected by an organism may appoint chief technical officers for the purposes of this Act, being in each case a person with appropriate experience, technical competence, and qualifications relevant to the area of responsibilities allocated by the chief executive to that person.
2A: A person appointed as a chief technical officer must be employed under the Public Service Act 2020
3: A chief technical officer appointed under subsection (2) may exercise all the powers and perform all the functions and duties conferred on a chief technical officer by this Act except those powers conferred under sections 103(1) 116 126 127
4: The chief executive (including the Director-General) may not delegate to any person the power to appoint chief technical officers. 1967 No 50 s 2 Section 101(2) replaced 26 November 1997 section 66 Biosecurity Amendment Act 1997 Section 101(2A) inserted 8 July 2003 section 11 Biosecurity Amendment Act 2003 Section 101(2A) amended 7 August 2020 section 135 Public Service Act 2020 Section 101(3) inserted 26 November 1997 section 66 Biosecurity Amendment Act 1997 Section 101(4) inserted 15 December 2005 section 3 Biosecurity Amendment Act 2005
102: Deputy chief technical officers
1: The Director-General and the chief executive of any other department may appoint, in respect of any chief technical officer appointed by the Director-General or that chief executive, 1 or more deputy chief technical officers who must in each case be a person with appropriate experience, technical competence, and qualifications relevant to the area of responsibilities allocated by the chief executive to that person.
1A: A person appointed as a deputy chief technical officer must be employed under the Public Service Act 2020
2: Subject to the direction of the chief technical officer concerned, a deputy chief technical officer shall have and may exercise all of the powers, duties, and functions of a chief technical officer under this Act , including the power to appoint inspectors, authorised persons, and accredited persons
3: The chief executive (including the Director-General) may not delegate to any person the power to appoint deputy chief technical officers. Section 102(1) replaced 26 November 1997 section 67 Biosecurity Amendment Act 1997 Section 102(1A) inserted 8 July 2003 section 12 Biosecurity Amendment Act 2003 Section 102(1A) amended 7 August 2020 section 135 Public Service Act 2020 Section 102(2) amended 27 March 2008 section 4 Biosecurity Amendment Act 2008 Section 102(3) inserted 15 December 2005 section 4 Biosecurity Amendment Act 2005
103: Inspectors, authorised persons, and accredited persons
1: A chief technical officer appointed as such by the Director-General may from time to time—
a: appoint inspectors and authorised persons for the purposes of administering and enforcing the provisions of this Act:
b: appoint authorised persons for the purposes of a national pest management plan or a national pathway management plan
2: A chief technical officer appointed as such by the chief executive of a department may from time to time—
a: appoint inspectors and authorised persons for the purposes of administering and enforcing all or any of the provisions of this Act except the provisions of Part 3
b: appoint authorised persons for the purposes of a national pest management plan or a national pathway management plan
3: The principal officer of a region may from time to time appoint authorised persons for the purpose of exercising functions, powers, and duties under this Act in relation to any regional pest management plan or a regional pathway management plan or any small-scale management programme declared by the council for that region, or to ascertain the presence or distribution of any pest, pest agent, or unwanted organism
4: A person shall not be appointed as an inspector or
5: Inspectors or Public Service Act 2020
6: Inspectors and authorised persons may be authorised on their appointment to exercise all of the powers conferred on inspectors and authorised persons under this Act, or the regulations
7: A chief technical officer or the principal officer of a region may accredit persons
a: that are consequential upon the exercise of powers under this Act by an inspector or authorised person; or
b: that may be conferred on or may be performed by accredited persons under regulations made under this Act;— but may not accredit a person for a particular function unless satisfied that the person has appropriate experience, technical competence, and qualifications relevant to the function.
8: Every inspector, authorised person, and accredited person shall in the performance of functions, powers, and duties for the purposes of this Act use his or her best endeavours to comply with and give effect to any relevant performance or technical standards. 1967 No 50 s 5 1967 No 147 s 100 1968 No 13 s 5 1969 No 53 ss 36, 39A 1970 No 151 s 17 1978 No 15 s 41 1982 No 42 s 9 Section 103(1) replaced 26 November 1997 section 68(1) Biosecurity Amendment Act 1997 Section 103(1)(b) amended 18 September 2012 section 40(1) Biosecurity Law Reform Act 2012 Section 103(2) replaced 26 November 1997 section 68(1) Biosecurity Amendment Act 1997 Section 103(2)(b) amended 18 September 2012 section 40(2) Biosecurity Law Reform Act 2012 Section 103(3) amended 18 September 2012 section 40(3) Biosecurity Law Reform Act 2012 Section 103(3) amended 26 November 1997 section 68(2)(a) Biosecurity Amendment Act 1997 Section 103(4) amended 8 July 2003 section 13(1)(a) Biosecurity Amendment Act 2003 Section 103(5) amended 7 August 2020 section 135 Public Service Act 2020 Section 103(5) amended 8 July 2003 section 13(1)(b) Biosecurity Amendment Act 2003 Section 103(6) amended 26 November 1997 section 68(2)(b) Biosecurity Amendment Act 1997 Section 103(7) replaced 8 July 2003 section 13(2) Biosecurity Amendment Act 2003 Section 103(7) amended 18 September 2012 section 40(4) Biosecurity Law Reform Act 2012
104: Authorised persons to comply with instructions
1: All inspectors and inspectors or
2: All authorised persons appointed by a principal officer must comply with any lawful direction or instruction given by that officer in relation to the exercise and performance of the powers, duties, and functions conferred or imposed on authorised persons by this Act.
3: For the purposes of this section, relevant chief technical officer inspector or Section 104 replaced 26 November 1997 section 69 Biosecurity Amendment Act 1997 Section 104(1) amended 8 July 2003 section 14(a) Biosecurity Amendment Act 2003 Section 104(1) amended 8 July 2003 section 14(b) Biosecurity Amendment Act 2003 Section 104(3) amended 8 July 2003 section 14(c) Biosecurity Amendment Act 2003
105: Delegation to authorised persons
1: A principal officer or chief technical officer may delegate to any person any of his or her functions, powers, or duties under this Act, except for—
a: this power of delegation; and
b: the power to appoint inspectors and authorised persons.
2: Any delegation under this section may be made on such terms and conditions as the person delegating the power thinks fit, and may be revoked at any time by notice in writing to the delegate.
3: Except as provided in the instrument of delegation, every person to whom a function, power, or duty has been delegated under this section may, without confirmation by the person delegating the function, power, or duty, exercise or perform the function, power, or duty in the same manner and with the same effect as the person so delegating could himself or herself have exercised or performed it.
4: Every person authorised to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of proof to the contrary.
5: A delegation under this section does not affect the performance or exercise of any function, power, or duty by the person on whom the function, power, or duty is conferred or imposed. Section 105(1) replaced 15 December 2005 section 5 Biosecurity Amendment Act 2005
105A: Call in of powers or functions
1: This section applies to the powers or functions in sections 19(2)(a) 25 26 27A 32 33 43 122 125 130
2: A chief technical officer may decide that the power must be exercised or the function carried out by the chief technical officer instead of by the inspector or authorised person.
3: The chief technical officer may not make a decision under subsection (2) if—
a: the inspector or authorised person has already exercised the power or carried out the function; and
b: the person affected by the exercise or carrying out knows that the inspector or authorised person has done so.
4: The chief technical officer may make a decision under subsection (2) if the officer considers that 1 or more of the following applies to the exercise of the power or the carrying out of the function:
a: it is likely to have effects on New Zealand's culture, economy, industry, environment, public health, animal health, or international trade:
b: it is likely to involve treatment or post-clearance management that—
i: will require or is likely to require significant resources; or
ii: will have or is likely to have significant budgetary implications; or
iii: will involve or is likely to involve technology, processes, or methods that are new:
c: it is likely to involve issues of a systemic nature:
d: it is likely to involve issues that increase risk to, complexity for, or the liability of the Ministry:
e: it is likely to involve issues that have the potential to seriously affect the Ministry’s reputation:
f: it must be done urgently in circumstances in which there is insufficient time to follow normal decision-making procedure.
5: A chief technical officer who makes a decision under subsection (2) must give a written notice to the inspector or authorised person—
a: stating that the chief technical officer will exercise the power or carry out the function; and
b: stating the ground in subsection (4) that applies.
6: A chief technical officer who makes a decision under subsection (2) must, if it is reasonably practicable to do so, give a written notice to the person affected by the exercise of the power or the carrying out of the function stating that the chief technical officer will exercise the power or carry out the function.
7: A chief technical officer who makes a decision under subsection (2) may give a written notice to the person affected by the exercise of the power or the carrying out of the function—
a: stating that the chief technical officer will exercise the power or carry out the function; and
b: stating that the officer requires information from the person to enable the officer to exercise the power or carry out the function; and
c: requiring the person to provide the information that the officer specifies.
8: For the purposes of this section, the relevant one of the provisions listed in subsection (1) must be read as if it said chief technical officer inspector authorised person Section 105A inserted 18 September 2012 section 41 Biosecurity Law Reform Act 2012 Section 105A(1) amended 8 September 2018 section 18 Statutes Amendment Act 2018
105B: Appointment of auditors
1: The Director-General may appoint auditors under this Act.
2: The Director-General may appoint as auditors only those persons who have appropriate experience, technical competence, and qualifications relevant to the audits.
3: Auditors may, but need not, be persons who are employed under the Public Service Act 2020 Section 105B inserted 18 September 2012 section 41 Biosecurity Law Reform Act 2012 Section 105B(3) amended 7 August 2020 section 135 Public Service Act 2020
105C: Audits
1: The Director-General must set terms of reference for audits.
2: Audits include examinations, investigations, and reviews.
3: Auditors conduct audits of the following kinds as to the previous and current positions and as to the likely future position:
a: audits of the effectiveness and appropriateness of standards issued under this Act in achieving the objectives of the standards:
b: audits of compliance with standards issued under this Act:
c: audits of the effectiveness and appropriateness of the Ministry’s internal systems and procedures for the administration of this Act:
d: audits of compliance with the Ministry’s internal systems and procedures for the administration of this Act:
e: audits of the exercise of powers or carrying out of functions or duties of statutory officers appointed under this Act:
f: audits of compliance with biosecurity law:
g: audits of the performance of activities by persons who carry out activities for the purposes of this Act:
h: audits of the performance of activities by persons, and audits of systems, procedures, and facilities, to assess compliance with biosecurity law:
i: any other class or description of audit specified in regulations. Section 105C inserted 18 September 2012 section 41 Biosecurity Law Reform Act 2012
105D: Auditors' general duties
1: An auditor must use his or her best endeavours to comply with and give effect to relevant performance or technical standards when exercising powers or carrying out functions or duties for the purposes of this Act.
2: An auditor must give the subject of the audit written notice of the audit and the terms of reference a reasonable time before the audit starts, unless giving notice would defeat the purpose of the audit.
3: The auditor must conduct the audit within the terms of reference. Section 105D inserted 18 September 2012 section 41 Biosecurity Law Reform Act 2012
105E: Auditors' powers
1: An auditor may exercise the powers in this section for the purposes of an audit.
2: The Director-General may give the subject of the audit a written notice to appear before an auditor at a time and place specified in the notice.
3: If the Director-General acts under subsection (2), the auditor may require the subject of the audit to answer all questions relating to the audit put to the subject.
4: An auditor may examine the systems, processes, and records of the subject of the audit.
5: An auditor may enter a place of business where—
a: any thing of relevance to the audit is held or is likely to be held; or
b: any activity of relevance to the audit is carried out or is likely to be carried out; or
c: any document of relevance to the audit is held or is likely to be held.
6: At the place, the auditor may—
a: examine the thing, activity, or document:
b: inspect or take samples of any thing:
c: test or analyse, or arrange for the testing or analysis of, any thing:
d: inquire about, examine, and copy electronic or non-electronic documents or records about the application of biosecurity law by or to the subject of the audit, whether held by the subject or by or on behalf of the subject:
e: remove documents or records to another place for the purpose of copying them for as long as is reasonably necessary to allow for their copying:
f: require a person who has control of or knowledge of the documents or records to reproduce or assist in reproducing in usable form information recorded or stored in an electronic or non-electronic device or system.
7: This section does not override the privilege against self-incrimination. Section 105E inserted 18 September 2012 section 41 Biosecurity Law Reform Act 2012
105F: Auditors' duties relating to power of entry
1: An auditor may enter a place of business under section 105E(5)
2: If an occupier of the place is present when the auditor enters the place, the auditor must—
a: identify himself or herself to an occupier of the place; and
b: if asked by an occupier to do so, produce evidence of identity.
3: If an occupier of the place is not present at any time while the auditor is at the place, the auditor must leave a prominent notice at the place stating—
a: the day and time when the entry was carried out; and
b: the auditor's name and contact details.
4: If the auditor takes a document, article, or thing from the place when the auditor leaves it, the auditor must—
a: prepare a schedule that specifies—
i: the document, article, or thing taken; and
ii: the place where each document, article, or thing is to be held; and
b: ensure that an occupier of the place gets the schedule under subsection (5) or (6).
5: If it is practicable for the auditor to prepare at the place a schedule of what the auditor takes, the auditor must prepare and leave the schedule at the place.
6: If it is practicable for the auditor to prepare and leave a schedule of what the auditor takes but the occupier of the place consents to the auditor not doing so, or if it is not practicable for the auditor to do so, the auditor must—
a: leave a notice stating that—
i: the auditor has taken a document, article, or thing; and
ii: a schedule will be with an occupier of the place within 7 days after the date of entry; and
b: ensure that a schedule is with an occupier of the place within 7 days after the date of entry. Section 105F inserted 18 September 2012 section 41 Biosecurity Law Reform Act 2012 Administrative powers
106: Power to require assistance
1: When it is necessary to do so, an inspector or authorised person may employ any person or request any person to assist that inspector or authorised person in carrying out the provisions of this Act, the regulations, and any directions or instructions issued by (as the case requires) the Director-General, a principal officer, or a chief technical officer under this Act.
2: A person employed or requested to assist an inspector or authorised person has the same powers as that inspector or authorised person while that person is under the immediate direction and control of that inspector or authorised person. 1967 No 50 s 7 1970 No 151 s 20 Section 106(2) inserted 26 November 1997 section 71 Biosecurity Amendment Act 1997
107: Power to detain for purpose of checking for uncleared risk goods
1: Subsection (2) applies to a person to whom section 34(2)
2: An inspector who suspects on reasonable grounds that the person may be in possession of uncleared risk goods may—
a: detain the person, for a period that is reasonable in the circumstances and no longer than 4 consecutive hours, to be searched by a constable:
b: use the force that is reasonably necessary to detain the person:
c: use the force that is reasonably necessary to stop the person if he or she is moving:
d: use the force that is reasonably necessary to bring the person to a biosecurity control area.
3: Subsection (4) applies to a person who is in a biosecurity control area.
4: An inspector who suspects on reasonable grounds that the person may be in possession of uncleared risk goods may—
a: detain the person, for a period that is reasonable in the circumstances and no longer than 4 consecutive hours, to be searched by a constable:
b: use the force that is reasonably necessary to detain the person:
c: use the force that is reasonably necessary to stop the person if he or she is moving. Section 107 replaced 18 September 2012 section 42 Biosecurity Law Reform Act 2012
107A: Power to detain for purpose of checking for unauthorised goods
An inspector who suspects on reasonable grounds that a person may be in possession of unauthorised goods may—
a: detain the person, for a period that is reasonable in the circumstances and no longer than 4 consecutive hours, to be searched by a constable:
b: use the force that is reasonably necessary to detain the person. Section 107A inserted 18 September 2012 section 42 Biosecurity Law Reform Act 2012
107B: Power to detain for public health or law enforcement purposes
1: This section applies when—
a: a person in a biosecurity control area has arrived in New Zealand; and
b: an inspector has reasonable cause to suspect that the person—
i: is, under an enactment, liable to be detained because of an infectious disease; or
ii: is liable to be arrested under a warrant issued by a court or a registrar; or
iii: is liable to be prosecuted for an offence punishable by imprisonment; or
iv: has contravened the Civil Aviation Act 1990
v: has contravened the Customs and Excise Act 2018
vi: has contravened the Human Assisted Reproductive Technology Act 2004
vii: has contravened the Immigration Act 2009
viii: has contravened the Misuse of Drugs Act 1975
ix: has contravened the Passports Act 1992
x: has contravened the Terrorism Suppression Act 2002
xi: has contravened the Trade in Endangered Species Act 1989
xii: has contravened regulations under the United Nations Act 1946
xiii: has contravened an enactment that contains an offence involving the unlawful entry into New Zealand of a person, matter, or thing and that is specified for the purposes of this section by the Governor-General in Council; or
xiv: is endangering, or threatening to endanger, the life, health, or safety of a person or group of persons.
2: The inspector may direct the person to remain in the area for a period that is reasonable in the circumstances and no longer than 4 consecutive hours to—
a: allow the inspector to obtain the attendance of, or make inquiries of, a constable, bailiff, or employee or agent of a department who has the powers described in paragraph (b); and
b: allow the constable, bailiff, or employee or agent of a department to do what is necessary of the following:
i: question the person:
ii: ascertain or determine the status of the person:
iii: detain the person:
iv: arrest the person.
3: The person must comply with a direction given under this section.
4: Reasonable force may be used, if necessary, to keep the person in the area for the period directed under subsection (2). Section 107B inserted 18 September 2012 section 42 Biosecurity Law Reform Act 2012 Section 107B(1)(b)(v) amended 1 October 2018 section 443(3) Customs and Excise Act 2018
108: Power to search people
1: Subject to subsections (2) and (3), a constable
a: suspects on reasonable grounds that a person to whom section 107
b: has been told by an inspector, and believes, that the inspector suspects on reasonable grounds that a person—
i: is a person to whom section 107
ii: may be in possession of any uncleared risk goods; or
c: suspects on reasonable grounds that any person is in possession of any unauthorised goods; or
d: has been told by an inspector, and believes, that the inspector suspects on reasonable grounds that any person is in possession of any unauthorised goods,— may search the person, and take possession of any uncleared risk goods or
2: No constable
a: telling the person that he or she proposes to do so under the authority of that subsection; and
b: telling the person that he or she is a constable
c: if not in uniform, producing to the person evidence that he or she is a constable
3: Nothing in subsection (1) authorises any constable
4: A constable
5: Within 3 days of searching a person under the authority of subsection (1), a constable Section 108(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 108(1) amended 8 July 2003 section 15 Biosecurity Amendment Act 2003 Section 108(1)(a) amended 18 September 2012 section 43 Biosecurity Law Reform Act 2012 Section 108(1)(b)(i) amended 18 September 2012 section 43 Biosecurity Law Reform Act 2012 Section 108(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 108(2)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 108(2)(c) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 108(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 108(4) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 108(5) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
109: Power of inspection
1: Subject to subsections (2) and (3),—
a: an inspector and inspect
i: any pest, pest agent, or unwanted organism; or
ii: any unauthorised goods; or
iii: any risk goods:
iv:
b: an inspector or authorised person and inspect
i: confirming the presence, former presence, or absence, of any pest, pest agent, or unwanted organism; or
ii: eradicating or managing
c: an inspector or authorised person may, at any reasonable time or times, enter and inspect any place for the purpose of determining whether or not any person is complying with biosecurity law
2: An inspector or authorised person shall not enter and inspect
a: the consent of an occupier; or
b: a warrant issued under section 110
3: Where a warrant under section 110
a: shall not enter the dwellinghouse, marae, or building associated with a marae, specified in the warrant otherwise than in accordance with the conditions; and
b: shall in all other respects comply with the conditions.
4: Subject to subsection (3), an inspector or authorised person exercising the powers of entry and subsection (1)(a) and (b) Section 109(1)(a) amended 26 November 1997 section 73(a) Biosecurity Amendment Act 1997 Section 109(1)(a) amended 26 November 1997 section 73(b) Biosecurity Amendment Act 1997 Section 109(1)(a)(iii) replaced 26 November 1997 section 73(c) Biosecurity Amendment Act 1997 Section 109(1)(a)(iv) repealed 26 November 1997 section 73(c) Biosecurity Amendment Act 1997 Section 109(1)(b) amended 26 November 1997 section 73(a) Biosecurity Amendment Act 1997 Section 109(1)(b) amended 26 November 1997 section 73(d) Biosecurity Amendment Act 1997 Section 109(1)(b)(ii) amended 18 September 2012 section 44(1) Biosecurity Law Reform Act 2012 Section 109(1)(c) inserted 8 July 2003 section 16(1) Biosecurity Amendment Act 2003 Section 109(1)(c) amended 18 September 2012 section 44(2) Biosecurity Law Reform Act 2012 Section 109(2) amended 26 November 1997 section 73(a) Biosecurity Amendment Act 1997 Section 109(2)(b) amended 26 November 1997 section 73(e) Biosecurity Amendment Act 1997 Section 109(3) amended 26 November 1997 section 73(f) Biosecurity Amendment Act 1997 Section 109(4) amended 8 July 2003 section 16(2) Biosecurity Amendment Act 2003 Section 109(4) amended 26 November 1997 section 73(g) Biosecurity Amendment Act 1997
110: Warrant to inspect dwellinghouse, marae, etc
1: An issuing officer (within the meaning of section 3 subpart 3 authorising every inspector and authorised person
2: Such a warrant may be issued only if the issuing officer
a: there is, on or in the place (being a dwellinghouse, marae, or building associated with a marae) specified in the application, any pest, pest agent, unwanted organism, unauthorised goods, or risk goods; or
b: an activity that is regulated by or under the Act is being carried out on or in the place (being a dwellinghouse, marae, or building associated with a marae) specified in the application.
3: Such a warrant—
a: authorises every inspector and authorised person
b: may be unconditional or subject to conditions.
4: The provisions of subparts 1 3 7 9 10 Section 110 replaced 8 July 2003 section 17 Biosecurity Amendment Act 2003 Section 110(1) replaced 1 October 2012 section 203(2) Search and Surveillance Act 2012 Section 110(1) amended 26 March 2015 section 5(1) Biosecurity Amendment Act 2015 Section 110(2) amended 1 October 2012 section 203(3) Search and Surveillance Act 2012 Section 110(3)(a) amended 26 March 2015 section 5(2) Biosecurity Amendment Act 2015 Section 110(4) inserted 1 October 2012 section 203(4) Search and Surveillance Act 2012
111: Entry in respect of offences
1: Subject to subsection (2), an issuing officer (within the meaning of section 3 subpart 3 or authorised person
a: in respect of which an offence against this Act punishable by imprisonment has been or may have been committed; or
b: that is or may be evidence of the commission of an offence against this Act punishable by imprisonment; or
c: that is intended to be used for the commission of an offence against this Act punishable by imprisonment,— may issue, unconditionally or subject to conditions, a warrant (in the prescribed form) authorising the entry and search of the place, at any reasonable time on 1 occasion within 14 days of the issue of the warrant.
2: The inspector or authorised person
a: shall first make reasonable inquiries as to whether any other applications for such a warrant (or a similar warrant under a provision of any enactment repealed by this Act) have been made in respect of the place concerned, and (if so) the following matters:
i: the offence or offences alleged in respect of each application:
ii: the result of each application; and
b: shall disclose on the application for the warrant the results of the inquiries.
3: Every warrant under subsection (1) shall be directed to and exercisable only by—
a: a constable
b: an inspector or authorised person constable
c: any constable
d: any inspector or authorised person constable
4: Where a warrant under subsection (1) has been issued subject to conditions, the person exercising it—
a: shall not enter or search the place specified in it otherwise than in accordance with the conditions; and
b: shall in all other respects comply with the conditions.
5: Subject to subsection (4), a person exercising a warrant under subsection (1) may use such force in entering the place specified in it (whether by breaking down a door or otherwise), or in breaking open anything in the place, as is reasonable in the circumstances.
6: The provisions of Part 4 2012 sections 118 119 Section 111(1) amended 1 October 2012 section 203(5) Search and Surveillance Act 2012 Section 111(1) amended 26 November 1997 section 75(1) Biosecurity Amendment Act 1997 Section 111(2) amended 26 November 1997 section 75(1) Biosecurity Amendment Act 1997 Section 111(3)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 111(3)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 111(3)(b) amended 26 November 1997 section 75(1) Biosecurity Amendment Act 1997 Section 111(3)(c) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 111(3)(d) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 111(3)(d) amended 26 November 1997 section 75(1) Biosecurity Amendment Act 1997 Section 111(6) inserted 1 October 2012 section 203(6) Search and Surveillance Act 2012
112: Duties on exercising power of entry
1: An inspector, authorised person, or constable sections 30A 109 111 126
a: must have with him or her—
i: evidence of his or her identity and appointment as an inspector, authorised person, or constable
ii: in the case of entry under section 109 or copy of the warrant section 110 section 111 or copy of the warrant
b: must produce them to any person appearing to be in charge of the place entered—
i: on entering the place (if such a person is then present); and
ii: at any reasonable time thereafter, if asked to do so by the person; and
c: if there is no person appearing to be in charge of the place at any time between the time of entry and the time the inspector, authorised person, or constable
i: the time and date of entry:
ii: the circumstances and purpose of entry:
iii: the name, office or position, and employer of every person entering:
iv: if entry was under warrant, the principal contents of the warrant:
v: every thing that has been seized, or that nothing has been seized, and every action taken, or that no action has been taken.
2: An inspector, authorised person, or constable sections 30A 109 111 126 Section 112 replaced 26 November 1997 section 76 Biosecurity Amendment Act 1997 Section 112(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 112(1)(a)(i) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 112(1)(a)(ii) amended 1 October 2012 section 203(7) Search and Surveillance Act 2012 Section 112(1)(c) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 112(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
113: Power to record information
A person lawfully exercising the powers conferred by section 109 section 111
114: General powers
An inspector or authorised person who has lawfully entered a place under section 109 111
a: eradicate or manage a pest or unwanted organism on the place:
b: prevent the spread of a pest or unwanted organism from or to the place:
c: avoid, remedy, or mitigate any effect on the place of non-compliance with a pathway management plan. Section 114 replaced 18 September 2012 section 45 Biosecurity Law Reform Act 2012
114A: Application of articles or substances from aircraft
1: A chief technical officer or principal officer may, by notice in writing, give approval for a specified person or any specified class of persons to apply any article or substance to any place from the airspace above that place for the purposes of—
a: eradicating or managing any pest or unwanted organism; or
b: ascertaining the presence or absence of any pest or unwanted organism.
2: An approval given under subsection (1) may be given subject to any conditions that the chief technical officer or principal officer thinks fit.
3: Any person specified in an approval or person of the class specified in an approval given in accordance with subsection (1) may, after public notice has been given in accordance with this section, act in accordance with that approval.
4: Nothing in this section derogates from any provision of the Civil Aviation Act 1990
5: Subject to subsection (6), public notice for the purposes of this section is given
a: the date on which, or as soon as practicable after which, it is intended to apply the article or substance:
b: the article or substance to be applied:
c: a clear description by reference to its boundaries (including districts, roads, and other commonly known features) of the place to which the article or substance is to be applied:
d: the name and address of the person or body responsible for the application of the article or substance.
6: If the chief technical officer is satisfied that compliance with the 2 weeks' notice requirement under subsection (5) would significantly prejudice the chances of eradicating or containing an organism of a kind described in subsection (7),—
a: the chief technical officer must notify the responsible Minister of that fact, and, unless the urgency of the situation makes it impracticable, obtain the approval of the Minister to a forgoing of the 2 weeks' notice requirement; and
b: the 2 weeks' notice requirement does not then apply, but the chief technical officer must give as much public notice of the matters specified in subsection (5)(a) to (d) as is consistent with avoiding prejudice to the chances of eradicating or containing the organism; and
c: the public notice may be given by whatever means the chief technical officer considers effective and appropriate to inform the persons who may be affected (including by radio or television announcement).
7: The kinds of organism in respect of which shorter notification may be given under subsection (6) are organisms that—
a: are not established or not known to be established in New Zealand, or are established in New Zealand but restricted to certain parts of New Zealand; and
b: have the potential to cause all or any of the following if they become established in New Zealand, or established throughout New Zealand:
i: significant economic loss:
ii: significant adverse effects on human health:
iii: significant environmental loss. Section 114A inserted 26 November 1997 section 78 Biosecurity Amendment Act 1997 Section 114A(5) amended 8 July 2003 section 18(1) Biosecurity Amendment Act 2003 Section 114A(6) inserted 8 July 2003 section 18(2) Biosecurity Amendment Act 2003 Section 114A(7) inserted 8 July 2003 section 18(2) Biosecurity Amendment Act 2003
115: Use of dogs and devices
Any person lawfully exercising a power under any of sections 109 111 113 114 120
a: be accompanied by a dog; or
b: bring and use any thing to assist in the exercise of the power. Section 115(b) amended 26 November 1997 section 79 Biosecurity Amendment Act 1997
116: Power to seize and dispose of unauthorised goods
1: Any inspector lawfully exercising a power under any of sections 19(2) 30A 31 34(5) 109 111 113 114 120
a: any unauthorised goods:
b: any goods where an inspector has reasonable grounds to suspect—
i: those goods are in contact with, or have been in contact with, unauthorised goods; and
ii: pests or unwanted organisms could have been transmitted from the unauthorised goods to those goods.
2: A chief technical officer may, either generally or in any particular case, give any reasonable directions as to the disposal of, the treatment of, or any other dealing with, any goods seized in accordance with subsection (1); and any person may dispose of, treat, or otherwise deal with any such goods accordingly.
3: A chief technical officer may offer the importer or owner of any goods imported into New Zealand and seized under subsection (1) the option of exporting or returning the goods to their place of origin provided that the importer or owner undertakes the payment of any costs associated with the export or return of the goods.
4: A chief technical officer may permit goods seized under this section to be held in the custody of the Director-General for so long as is necessary for the importer to obtain a biosecurity clearance and in such a case the estimated costs and expenses of the custody and maintenance of the goods must be paid in advance to the Director-General.
5: If an organism seized in accordance with subsection (1) is an endangered species, as defined in section 3
6: In exercising the powers of a chief technical officer in accordance with subsections (2), (3), and (4), a chief technical officer must, so far as is practicable while achieving the purpose of Part 3 Section 116 replaced 26 November 1997 section 80 Biosecurity Amendment Act 1997 Section 116(1) amended 20 September 2007 section 5 Biosecurity Amendment Act 2007
117: Expenses and compensation
1: All costs and expenses attendant upon the custody and disposal of goods seized under section 116
2: If satisfied that the person in possession of any goods seized under section 116
117A: Seizure and detention of goods or documents as evidence for other enactments
1: An inspector exercising a power or carrying out a function or duty under Part 3
2: The circumstances are that the inspector must have reasonable grounds to suspect that the goods or documents are evidence of the commission of 1 or more offences under 1 or more of the following enactments: Constable to deal with
a: section 98C
b: section 342
c: section 29A 30 31 Officer to deal with
d: the Customs and Excise Act 2018
e: sections 123 124
f: section 232 233
g: section 37 43
h: the Trade in Endangered Species Act 1989
i: enactments administered by the Ministry.
3: The inspector must, as soon as practicable, deliver the goods or documents into the custody of 1 of the following persons:
a: if the inspector believes that any of subsection (2)(a) to (c) applies to the goods or documents, a constable:
b: if the inspector believes that any of subsection (2)(d) to (i) applies to the goods or documents, an appropriately authorised officer who—
i: holds office under the Act specified in the paragraph; or
ii: is employed by the department that administers the Act.
4: The inspector may also deliver to the person, when delivering goods, a notice stating 1 of the following:
a: that the goods have been given a biosecurity clearance; or
b: that the goods—
i: have not been given a biosecurity clearance; and
ii: must be held, handled, or managed in the manner specified in the notice.
5: Responsibility for goods delivered under subsection (3) passes to the person to whom the goods are delivered. Section 117A inserted 18 September 2012 section 46 Biosecurity Law Reform Act 2012 Section 117A(2)(d) amended 1 October 2018 section 443(3) Customs and Excise Act 2018
118: Power to seize evidence
1: Any person exercising the power of search conferred by section 111
a: may search for, and if it is found seize, any thing that is, or is a thing of a kind or description, specified in the warrant concerned; and
b: while at the place specified in the warrant, may seize any other thing that the person believes on reasonable grounds to be a thing in respect of which the person could have obtained a warrant under that section.
2: Subpart 6
3: The provisions of subparts 1 5 6 7 9 10 Section 118(2) amended 1 October 2012 section 203(8) Search and Surveillance Act 2012 Section 118(3) inserted 1 October 2012 section 203(9) Search and Surveillance Act 2012
119: Power to seize abandoned goods
1: An inspector or authorised person may seize and may treat or dispose of any abandoned organism (where necessary disabling or killing it first)
2: An inspector or authorised person is entitled to regard as abandoned any organism or goods that appear to the inspector or authorised person, after making such inquiries as are reasonable in the circumstances, to have been abandoned or have no apparent or readily identifiable owner. 1969 No 53 s 10 Section 119(1) amended 18 September 2012 section 47 Biosecurity Law Reform Act 2012
120: Power to intercept risk goods
1: This section applies to an inspector or authorised person who believes on reasonable grounds that—
a: any of sections 25 130 131 132 134(1)
b: a thing of any kind contains, or is likely to contain, some or all of the risk goods.
2: The inspector or authorised person may—
a: open the thing, using the force that is reasonable in the circumstances, and inspect the contents for the presence of risk goods:
b: stop a conveyance or craft for the purposes of paragraph (a). Section 120 replaced 18 September 2012 section 48 Biosecurity Law Reform Act 2012
121: Power to examine organisms
1: An inspector or authorised person may exercise any or all of the powers in subsection (1B) on—
a: organisms:
b: organic material:
c: any other goods or material.
1A: The purposes for which the inspector or authorised person may exercise the powers are—
a: taxonomical identification of an organism:
b: diagnosing a disease:
c: determining whether imported goods may be given a biosecurity clearance:
d: ascertaining the presence or absence of any pest or unwanted organism:
e: making an assessment of measures taken to eradicate or manage any pest or unwanted organism.
1B: The powers are to—
a: autopsy:
b: destroy:
c: examine:
d: inspect:
e: sample:
f: section:
g: take specimens:
h: test:
i: apply any other treatment or procedure.
2: Every owner or person in control of any organism, and every occupier of a place in which any organism is present, shall, whenever required by an inspector or authorised person by written notice to do so, submit the organism specified in the notice for the purposes of subsection (1A)
3: Where an inspector or authorised person has under subsection (2) required the submission of any organism an inspector or authorised person may direct the owner or person in control of the organism, or the occupier of any place where it is present, to bring it—
a: in a specified manner:
b: to a specified place:
c: on a specified day:
d: for a specified purpose.
4: If the owner or person in control of any animal or the occupier of any place in which an animal is present fails to comply with a direction under this section, an inspector or authorised person may—
a: exercise any or all of the powers in subsection (1B); and
b: in the case of any animal or animals,—
i: to the extent that it is necessary to enable those powers to be exercised (or exercised
ii: if for any reason it is not practicable to capture, pen, or muster it or them or any of them, kill or destroy it or them or any of them if the inspector or authorised person
5: Costs and expenses reasonably incurred by an inspector or authorised person in taking any action under subsection (4) may be recovered as a debt due from the person who failed to comply with the direction concerned. 1967 No 50 ss 6, 34 1978 No 15 s 46 1982 No 42 s 67 Section 121(1) replaced 18 September 2012 section 49(1) Biosecurity Law Reform Act 2012 Section 121(1A) inserted 18 September 2012 section 49(1) Biosecurity Law Reform Act 2012 Section 121(1B) inserted 18 September 2012 section 49(1) Biosecurity Law Reform Act 2012 Section 121(2) amended 18 September 2012 section 49(2) Biosecurity Law Reform Act 2012 Section 121(4)(a) replaced 18 September 2012 section 49(3) Biosecurity Law Reform Act 2012 Section 121(4)(b)(i) amended 18 September 2012 section 49(4) Biosecurity Law Reform Act 2012 Section 121(4)(b)(ii) amended 8 July 2003 section 19(2) Biosecurity Amendment Act 2003 Section 121(5) inserted 8 July 2003 section 19(3) Biosecurity Amendment Act 2003
121A: Power to apply article or substance to place
1: An inspector or authorised person may, for the purpose of ascertaining the presence or absence of any pest or unwanted organism, or of assessing measures taken to eradicate or manage
2: An article or substance brought onto or left at any place must have a volume no greater than 1 cubic metre unless the article or substance is specified in regulations made under this Act.
3: No person may, without reasonable excuse, move or interfere with any article or substance left at a place by an inspector or authorised person pursuant to this section. Section 121A inserted 26 November 1997 section 81 Biosecurity Amendment Act 1997 Section 121A(1) amended 18 September 2012 section 50 Biosecurity Law Reform Act 2012 Section 121A(1) amended 8 July 2003 section 20 Biosecurity Amendment Act 2003
121B: Prohibition or control of certain tests
1: The Governor-General may by Order in Council, prohibit any test, or control the use of any test by making that test subject to conditions imposed by a chief technical officer if the prohibition or control of that test is necessary for—
a: the eradication or effective management
b: the provision of assurances and certificates in relation to exports of organisms and their products.
2: No person may—
a: carry out any test prohibited by an Order in Council made under this section:
b: carry out any test controlled by an Order in Council made under this section other than in accordance with the conditions imposed by a chief technical officer.
3: No person may act in a manner that the person knows or suspects is likely to alter a response to a controlled test.
4: For the purposes of this section a test section 121(1A)
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 121B inserted 26 November 1997 section 82 Biosecurity Amendment Act 1997 Section 121B(1)(a) amended 18 September 2012 section 51(1) Biosecurity Law Reform Act 2012 Section 121B(4) amended 18 September 2012 section 51(2) Biosecurity Law Reform Act 2012 Section 121B(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
122: Power to give directions
1: An inspector or authorised person may, whenever that inspector or authorised person considers it to be necessary, direct the occupier of any place or the owner or person in charge of any organism or risk goods—
a: to treat any goods, water, place, equipment, fitting, or other thing that may be contaminated with pests or unwanted organisms; or
b: to destroy any pest or unwanted organism or any organism or organic material or thing that there are reasonable grounds to believe harbours a pest or unwanted organism; or
c: to take steps to prevent the spread of any pest or unwanted organism.
2: An inspector or authorised person may, by notice in writing, direct any person who has failed to comply with a rule included in a pest management strategy to comply with that rule.
3: An inspector or authorised person may direct the owner or person in charge of risk goods or a craft to take steps to avoid, remedy, or mitigate an effect of non-compliance with a pathway management plan. Section 122 replaced 26 November 1997 section 83 Biosecurity Amendment Act 1997 Section 122(3) inserted 18 September 2012 section 52 Biosecurity Law Reform Act 2012
123: Power to vaccinate, etc
An inspector or authorised person may apply any procedure to organisms (such as medication or vaccination) therapeutically or prophylactically for the purposes of this Act. 1967 No 50 s 6
124: Power to destroy organism on non-payment of fees
An inspector may destroy or otherwise dispose of an organism that is being lawfully held by the Crown if any treatment fees, quarantine isolation fees, or containment fees due in respect of that organism have not been paid within 20 working days of those fees being demanded from the owner or person who was in apparent control of that organism prior to it passing into the control of the Crown.
125: Transitional facility An inspector may by notice in writing direct that any risk goods specified in the notice shall be placed in a transitional facility 1967 No 50 s 6 Section 125 amended 26 November 1997 section 84 Biosecurity Amendment Act 1997 Section 125 amended 26 November 1997 section 84 Biosecurity Amendment Act 1997
126: Inspection of and intervention in transitional facilities and containment facilities
1: An inspector authorised in writing by the Director-General may at any reasonable time enter a transitional facility or a containment facility for the purpose of confirming that the facility complies with the standards set in accordance with section 39 or section 11(1)(fc) facility operator section 112
2: An inspector may exercise a power described in subsection (3) if (and only if) the inspector has reasonable grounds to suspect that—
a: a transitional facility or containment facility does not comply with the standards approved for a facility of that kind
b: the facility operator
c: the terms (including any controls imposed under section 45(2)
3: An inspector may—
a: give a direction in writing to the facility operator
b: if a chief technical officer considers that emergency or other special circumstances so require, intervene summarily in the management or operation of the transitional facility or containment facility to ensure—
i: compliance with the standards for that facility; or
ii: compliance with the terms (including any controls imposed under section 45(2)
4: A direction given under this section may be cancelled or varied by a subsequent notice in writing.
5: If a direction given under this section is not complied with within the time specified in the notice, an inspector may take such action as the inspector considers necessary to give effect to the requirements of the notice.
6: The costs and expenses reasonably incurred by an inspector in intervening summarily under subsection (3) or an inspector taking action under subsection (5) may be recovered from the facility operator Section 126 replaced 26 November 1997 section 85 Biosecurity Amendment Act 1997 Section 126(1) amended 18 September 2012 section 53(1) Biosecurity Law Reform Act 2012 Section 126(1) amended 18 September 2012 section 53(2) Biosecurity Law Reform Act 2012 Section 126(2)(a) amended 18 September 2012 section 53(3) Biosecurity Law Reform Act 2012 Section 126(2)(b) amended 18 September 2012 section 53(4) Biosecurity Law Reform Act 2012 Section 126(2)(c) amended 8 July 2003 section 21(1) Biosecurity Amendment Act 2003 Section 126(3)(a) amended 18 September 2012 section 53(5) Biosecurity Law Reform Act 2012 Section 126(3)(b)(ii) amended 8 July 2003 section 21(2) Biosecurity Amendment Act 2003 Section 126(6) amended 18 September 2012 section 53(6) Biosecurity Law Reform Act 2012
127: Destruction of imported organisms
1: A chief technical officer may by notice in writing given to the operator of a transitional facility that facility
a: that the imported organism is affected by or harbours a pest or unwanted organism of a kind or to a degree that, even when the organism is in the transitional facility
b: the organism is, is affected by, or harbours, a pest under active control in New Zealand; or
c: that the health of the organism has not been and cannot be satisfactorily established within a reasonable time.
2: If the operator of a transitional facility
3:
4: The costs and expenses of seizure and destruction of an organism under subsection (2) shall be the responsibility of the owner of the organism and may be recovered as a debt due to the Crown. 1967 No 50 s 13 Section 127(1) amended 26 November 1997 section 86(a) Biosecurity Amendment Act 1997 Section 127(1) amended 26 November 1997 section 86(b) Biosecurity Amendment Act 1997 Section 127(1)(a) amended 26 November 1997 section 86(a) Biosecurity Amendment Act 1997 Section 127(2) amended 26 November 1997 section 86(a) Biosecurity Amendment Act 1997 Section 127(3) repealed 1 October 1998 section 106(2) Biosecurity Amendment Act 1997
128: Power to act on default
Definition for this section
1: In this section, enforcement document
a: a notice given to a person under this Act lawfully directing or requiring the person to carry out works or measures, or take some other action, specified in the notice:
b: a compliance order that is not stayed under section 154E
1A: Subsection (1B) applies when an enforcement document has not been complied with in—
a: the time specified in it for compliance; or
b: if no time was specified in it, a reasonable time.
1B: A chief technical officer, a principal officer, or a management agency may bring about the implementation of the enforcement document in a way that is reasonably necessary and appropriate to achieve the document's purpose.
2: Where specified works or measures are to be carried out on Maori land, any notice given to the owners shall be given in accordance with section 181
3: The chief technical officer , a principal officer 1967 No 50 s 8 1967 No 147 s 104 1968 No 13 s 9 1969 No 53 s 45 1970 No 151 s 11 1978 No 15 s 57 1982 No 42 ss 68, 74 Section 128(1) replaced 18 September 2012 section 54 Biosecurity Law Reform Act 2012 Section 128(1A) inserted 18 September 2012 section 54 Biosecurity Law Reform Act 2012 Section 128(1B) inserted 18 September 2012 section 54 Biosecurity Law Reform Act 2012 Section 128(3) amended 26 November 1997 section 87(b) Biosecurity Amendment Act 1997
129: Liens
All costs recoverable by a chief technical officer, principal officer, or section 128
a: subject to paragraph (b), the recovery charge shall have priority over all existing or later mortgages, charges, and incumbrances over the land, however they may have been created (including mortgages, charges, and incumbrances in favour of the Crown):
b: if the land is or becomes subject to some other charge (being a charge created by an enactment other than this section), the charges shall rank equally unless the enactment provides that the other charge is to be deferred to the recovery charge. Section 129 amended 26 November 1997 section 88 Biosecurity Amendment Act 1997 Place and area controls
130: Declaration of restricted place
1: If an inspector or authorised person believes or suspects on reasonable grounds that a pest or unwanted organism is or has been in a place, the inspector or authorised person may, by notice given in accordance with subsections (2) and (3), declare that place and any other place in the neighbourhood the inspector or authorised person considers necessary to be a restricted place.
2: A notice shall be in a form approved for the purpose by a chief technical officer , a principal officer,
3: A notice shall be given by serving a copy on the occupier of each place included in the area of the restricted place except that—
a: a copy need not be served on the occupier of any part of the place if the inspector or authorised person cannot with reasonable diligence discover an occupier of that place who can be found quickly; and
b: notice may be given publicly if it is impractical to give notice in accordance with the preceding provisions of this subsection.
4: While a notice under subsection (1) is in force, no person shall, without the permission of an inspector or authorised person,—
a: remove—
i: any organism, organic material, or risk goods; or
ii: any other goods that may have been in contact with any organism, organic material, or risk goods,— from the place to which the notice relates; or
b: introduce any goods of any kind to the place.
4A: Where the agent or employee of an occupier to whom a notice has been given under subsection (1) acts in breach of subsection (4), that action is deemed to be an action of the occupier unless the occupier had given a copy of the notice under subsection (1) to that agent or employee before the agent or employee breached subsection (4).
5: An inspector or authorised person may, at any time while the declaration of a restricted place is in force, direct that specified organisms, risk goods, or other goods in the restricted place must be—
a: isolated, confined, or stored in such manner as the inspector or authorised person directs:
b: identified in a manner specified in the direction, or with an identification applied by the inspector or authorised person. 1967 No 50 s 29 Section 130(1) replaced 26 November 1997 section 89(1) Biosecurity Amendment Act 1997 Section 130(2) amended 26 November 1997 section 89(2) Biosecurity Amendment Act 1997 Section 130(4A) inserted 26 November 1997 section 89(3) Biosecurity Amendment Act 1997 Section 130(5) replaced 8 July 2003 section 22 Biosecurity Amendment Act 2003
130A: Modifications to section 130 while epidemic notice in force for COVID-19
2022-10-20 Biosecurity Act 1993 Section 130A: is repealed when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked. The Epidemic Preparedness (COVID-19) Notice 2020 Renewal Notice (No 3) 2022 (https://gazette.govt.nz/notice/id/2022-sl3849) comes into force on 15 September 2022 and sets a new expiry date of 20 October 2022. Under section 5(3) of the Epidemic Preparedness Act 2006, the notice expires on the day that is 3 months after its commencement, unless an earlier expiry date is notified; or the notice is renewed under section 7 of that Act. Section 130A repealed 20 October 2022
131: Declaration of controlled area
1: The purpose of this section is to enable the institution of movement and other controls in order to—
a: enable the limitation of the spread of any pest or unwanted organism; or
b: minimise the damage caused by any pest or unwanted organism; or
c: protect any area from the incursion of pests or unwanted organisms; or
d: facilitate the access of New Zealand products to overseas markets; or
e: monitor risks associated with the movement of organisms from parts of New Zealand the pest status of which is unknown.
2: A chief technical officer or a management agency may, by public notice in a newspaper, or by radio or television announcement, or otherwise as the chief technical officer or management agency considers effective and appropriate, declare any specified area (which may be the whole or any specified part or parts of New Zealand)
3: At any time while the declaration of a controlled area is in force, the chief technical officer or management agency, as the case may require, may, by public notice in a newspaper, or by radio or television announcement, or otherwise as the chief technical officer or management agency considers effective and appropriate, give notice of either or both of the following matters:
a: the movement into, within, or from the controlled area of such organisms, organic material, risk goods or other goods as are specified in the notice is restricted, regulated, or prohibited in the manner, to the extent and subject to the conditions specified in the notice:
b: the organisms, organic material, risk goods, or other goods within the controlled area that are specified in the notice, must be subject to such treatment and procedures as are specified in the notice.
4: A notice given under subsection (2) or (3) is secondary legislation ( see Part 3 section 161A(4) of the Local Government Act 2002
5: If, under the Legislation Act 2019
a: the chief technical officer or management agency may serve a copy of it on the persons (if any) whom the chief technical officer or management agency considers appropriate; and
b: it comes into force in relation to that person immediately after it is served on that person or at a later time specified in the notice (even though it is not published).
6: Service may be done in any way the chief technical officer or management agency considers effective and appropriate. 1967 No 50 ss 13A, 29 1969 No 53 ss 13, 16, 30, 31 1982 No 42 s 79 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 notice is made by giving public notice in accordance with subsection (2) or (3). There are no further publication requirements 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 131(2) amended 8 July 2003 section 23 Biosecurity Amendment Act 2003 Section 131(3)(b) replaced 26 November 1997 section 90 Biosecurity Amendment Act 1997 Section 131(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 131(4) amended 28 October 2021 regulation 17 Legislation Act (Amendments to Legislation) Regulations 2021 Section 131(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 131(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
132: Road blocks, cordons, checkpoints, etc
1: In this section, control
2: A District Court Judge may, on the written application (made on oath) of a chief technical officer, issue a warrant authorising the establishment of controls in relation to a place or area, if the District Court Judge is satisfied that—
a: attempts are being made to eradicate or manage
b: there are reasonable grounds to suspect that the pest or unwanted organism is present within the place or area; and
c: the pest or unwanted organism is not known to be present in the places or areas that are adjacent to the place or area; and
d: it is necessary to establish controls in order to—
i: prevent or limit the risk of the pest or unwanted organism spreading beyond the place or area if any spread of the organism would significantly affect the likely success of the eradication or management
ii: otherwise avoid significant prejudice to the eradication or management
3: The warrant shall be issued for a period of not more than 7 days; but may from time to time be renewed (in the form in which it was issued or in any amended form) for a period not exceeding 7 days.
4: The warrant may be issued in writing or orally; but—
a: if it is issued in writing, it shall specify—
i: the pest or organism concerned; and
ii: the approximate location of every cordon whose establishment it authorises; and
iii: the location (either by way of individual descriptions or by way of descriptions of places of any class or classes) of every other control whose establishment it authorises; and
iv: the period for which it is granted; and
v: the grounds on which it was issued; and
b: if it is issued orally, the Judge shall cause to be made and kept a written record of the matters specified in subparagraphs (i) to (v) of paragraph (a).
5: Subsection (4) shall, with any necessary modifications, apply to the renewal of a warrant as if it is the issue of a warrant.
6: Any constable
7: A constable
a: stop any vehicle, conveyance, or craft, that is at or near the control; or
b: detain any vehicle, conveyance, or craft, that is stopped at or near the control, either at the place where it is stopped or at any other convenient place nearby,— for the purpose of exercising the powers
8: A constable
a: enter and search that vehicle, conveyance, or craft; and
b: open any box or receptacle in that vehicle, conveyance, or craft; and
c: seize—
i: any organism that is the pest or unwanted organism in respect of which the warrant concerned was issued; or
ii: any thing that may harbour or contain the pest or unwanted organism in respect of which the warrant concerned was issued; or
iii: any thing that, if moved beyond the control, would be moved in breach of section 130(4)
iv: any thing that, if moved beyond the control, would be moved in breach of section 134(1)(b)
8A: A chief technical officer may, either generally or in any particular case, give any reasonable directions as to the disposal of, the treatment of, or any other dealing with, any organism or other thing seized in accordance with subsection (8); and any person may dispose of, treat, or otherwise deal with any such organism or thing accordingly.
8B: In exercising the powers of a chief technical officer in accordance with subsection (8A), a chief technical officer must, so far as is practicable without significantly prejudicing the successful eradication or management
9: No person shall,—
a: while in charge of any vehicle or craft, that is at or near a control, without reasonable excuse fail or refuse to stop it when a constable
b: while in charge of any vehicle or craft lawfully stopped or detained under this section, without reasonable excuse move it from the place where it is stopped or detained without the permission of a constable Section 132(2) replaced 26 November 1997 section 91(1) Biosecurity Amendment Act 1997 Section 132(2)(a) amended 18 September 2012 section 55(1) Biosecurity Law Reform Act 2012 Section 132(2)(d)(i) amended 18 September 2012 section 55(2) Biosecurity Law Reform Act 2012 Section 132(2)(d)(ii) amended 18 September 2012 section 55(2) Biosecurity Law Reform Act 2012 Section 132(6) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 132(7) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 132(7) amended 26 November 1997 section 91(2) Biosecurity Amendment Act 1997 Section 132(8) replaced 26 November 1997 section 91(3) Biosecurity Amendment Act 1997 Section 132(8) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 132(8A) inserted 26 November 1997 section 91(3) Biosecurity Amendment Act 1997 Section 132(8B) inserted 26 November 1997 section 91(3) Biosecurity Amendment Act 1997 Section 132(8B) amended 18 September 2012 section 55(3) Biosecurity Law Reform Act 2012 Section 132(9)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 132(9)(b) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
133: Duration of place and area declarations
A declaration of a restricted place or a controlled area shall remain in force until it is revoked by a notice of revocation given substantially in the same manner as the declaration of the area concerned was notified. 1967 No 50 ss 13A, 29
134: Enforcement of area controls
1: No person shall—
a: resist or obstruct the performance of, or fail to comply with, any direction of a constable section 132
b: move, or direct or arrange the movement of, any organism, organic material, risk goods, or other goods in contravention of a notice under section 131(3)
1A: Every owner or person in control of an organism, organic material, risk goods, or other goods in respect of which treatment and procedures are specified by a notice under section 131(3)
2: All organisms, organic material, risk goods, or other goods
3: A Minister risk goods, or other goods 1967 No 50 ss 13A, 29 Section 134(1)(a) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 134(1)(b) replaced 8 July 2003 section 24 Biosecurity Amendment Act 2003 Section 134(1A) inserted 26 November 1997 section 92(1) Biosecurity Amendment Act 1997 Section 134(2) amended 26 November 1997 section 92(2) Biosecurity Amendment Act 1997 Section 134(3) amended 26 November 1997 section 92(3)(a) Biosecurity Amendment Act 1997 Section 134(3) amended 26 November 1997 section 92(3)(b) Biosecurity Amendment Act 1997 Recovery of costs
135: Options for cost recovery
1: The Director-General, every other chief executive, and every management agency, (hereafter in this section and in section 136 plan or pathway management plan
2: In determining appropriate mechanisms for the recovery of costs of a particular function or service, a recovering authority shall ensure that there is recovered any amount by which—
a: the sum of—
i: the costs of the function in the current year; and
ii: any shortfall in the recovery of the costs in the preceding year; exceeds
b: any over-recovery of costs in respect of the preceding year.
3: A recovering authority may recover costs of administering this Act and performing the functions, powers, and duties provided for in this Act by such methods as he or she or it believes on reasonable grounds to be the most suitable and equitable in the circumstances, including any 1 or more of the following methods:
a: fixed charges:
b: charges fixed on an hourly or other unit basis:
c: estimated charges paid before the provision of the service or performance of the function followed by reconciliation and an appropriate payment or refund after provision of the service or performance of the function:
d: actual and reasonable charges:
e: refundable or non-refundable deposits paid before provision of the service or performance of the function:
f: charges imposed on users of services or third parties:
g: in the case only of the Director-General or some other chief executive, liens on property in the possession of the Crown.
4: This section does not apply to costs incurred by a recovering authority in processing travellers to which the Airports (Cost Recovery for Processing of International Travellers) Act 2014 Section 135(1) amended 18 September 2012 section 56 Biosecurity Law Reform Act 2012 Section 135(4) inserted 15 February 2014 section 21(1) Airports (Cost Recovery for Processing of International Travellers) Act 2014
136: Failure to pay
1: Where all or part of a charge made under this Act or the regulations remains unpaid after 20 working days since the charge was demanded in writing, the debt shall be deemed to have been increased by an amount calculated in accordance with subsection (2).
2: The amount by which an unpaid charge is deemed to have increased is the sum of—
a: 10% of the debt, or that part of it that remained unpaid after the expiration of the period of 20 working days referred to in subsection (1); and
b: for every complete period of 6 months after the expiration of that period during which the debt or any part of it (including any deemed increase under this section) has remained unpaid, 10% of that debt or that part.
3: If a recovering authority is satisfied that the failure or refusal of any person to pay all or any part of a debt was a result of a genuine dispute between the person and department as to the person's liability to pay the debt, the amount of the debt, or both, the recovering authority may waive the payment of all or any part by which the debt has increased under this section.
4: In an action for recovery of the debt, the court may exercise the power of waiver contained in subsection (3) if the court is satisfied in the terms set out in that subsection.
137: Levies
1: The Governor-General may from time to time, on the recommendation of the responsible
2: An order under this section—
a: is secondary legislation ( see Part 3
b: must be confirmed by an Act ( see subpart 3
3: The fact that Part 5A
a: it is imposed to wholly or partly fund a readiness or response activity; and
b: it is imposed on a sector that is not specified in a Gazette section 100ZA 1967 No 50 s 107 2024-07-01 Biosecurity (System Entry Levy) Amendment Order 2023 This order is deemed revoked on the close of 30 June 2024 unless confirmed prior to that date. (Order made on 22 May 2023.) 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 137(1) amended 8 July 2003 section 25 Biosecurity Amendment Act 2003 Section 137(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 137(3) inserted 18 September 2012 section 57 Biosecurity Law Reform Act 2012
138: Orders are confirmable instruments
Section 138 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
139: Restrictions on levies
The Minister shall not recommend the making of an order under section 137
a: the imposition of a levy recovering the costs of providing or performing a particular service or function is in accordance with the principles of equity and efficiency; and
b: either—
i: the persons who will be responsible for paying the levy will benefit from the provision or performance of the particular service or function; or
ii: the persons who will be responsible for paying the levy create risks that require the provision or performance of the particular service or function; and
c: all other relevant matters known to the Minister have been properly considered.
140: Contents of levy order
1: Every order under section 137
a: the persons primarily responsible for paying the levy; and
b: the basis on which the amount of levy is to be calculated or ascertained; and
c: the persons (if any) to be exempt from paying the levy; and
d: the persons responsible for collecting the levy from those primarily responsible for paying it; and
e: how the levy is to be spent, in consultation with those persons primarily responsible for paying the levy; and
f: when and how the levy is to be paid; and
g: on the rate of levy,—
i: whether there is to be a single rate or 2 or more different rates; and
ii: if there are to be 2 or more different rates, the things to which the different rates apply; and
iii: the maximum for each rate; and
h: how each actual rate of the levy is to be set (if, or insofar as, the order does not set each actual rate); and
i: how the rates of the levy and variation of rates are to be notified; and
j: whether or not the persons collecting the levy are entitled to recover the cost of levy collection and the estimated amount.
2: The order may prescribe any of the following matters:
a: the making of returns to the Director-General or some other person or body for the purpose of enabling or assisting the determination of amounts of levy payable:
b: the circumstances in which, and conditions subject to which, persons may be allowed extensions of time for the payment of any levy:
c: the payment of additional or increased levy when amounts of levy otherwise payable have been paid late, paid in part or not paid at all.
d: the holding of funds from which payments of levy are to be made, on trust in separate accounts. Section 140(1)(g) replaced 24 June 2014 section 10 Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 Section 140(1)(h) replaced 24 June 2014 section 10 Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 Section 140(2)(d) inserted 26 November 1997 section 93 Biosecurity Amendment Act 1997
140AA: Levies for recovering border processing costs
1: In this section, traveller
2: Every traveller who arrives in New Zealand on or after 1 January 2016 is liable, while there is a levy order in force under subsection (3), to pay a levy to the Director-General in relation to the costs incurred by the Ministry in, or for the purpose of, exercising its powers or performing its functions under this Act in relation to travellers and the goods in their possession or under their control (including as part of their personal effects or baggage).
3: The Governor-General may, by Order in Council, on the recommendation of the responsible Minister, make a levy order prescribing—
a: the rate of levy or the basis on which the rate is to be calculated or ascertained; and
b: insofar as the order does not set an actual rate, how the actual rate of the levy is to be set; and
c: when and how the levy is to be paid; and
d: how the rate of levy, and any variation of the rate, is to be notified.
4: The responsible Minister must, before recommending that a levy order be made under this section, consult with persons who the Minister believes are representative of interests likely to be affected substantially by the order.
5: A levy order must not be made in respect of the costs that are otherwise recovered or otherwise to be recovered under this Act or the Airports (Cost Recovery for Processing of International Travellers) Act 2014
6: An order under this section is secondary legislation ( see Part 3
7: To avoid doubt, this section does not limit section 135 137 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 140AA inserted 28 May 2015 section 5 Biosecurity Amendment Act (No 2) 2015 Section 140AA(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
140AB: Contents of border processing levy order
A levy order under section 140AA
a: prescribe different rates of levy, on any differential basis, for different persons or different classes of persons:
b: prescribe a maximum rate or maximum rates of levy:
c: exempt certain persons or classes of persons from the requirement to pay the levy:
d: prescribe persons responsible for collecting the levy from those primarily responsible for paying it:
e: allow persons collecting the levy to recover the costs of collecting the levy and, if so, prescribe the basis on which those costs are to be calculated or ascertained:
f: require that returns be made to the Director-General or some other person or body to enable amounts of levy payable to be calculated, determined, or verified:
g: provide, subject to such conditions as may be prescribed, for extensions of time for the payment of levy:
h: provide for the payment of additional or increased levy in the event of late payment or non-payment:
i: provide for circumstances in which levy paid may be refunded:
j: require that levy funds payable be held on trust in separate accounts. Section 140AB inserted 28 May 2015 section 5 Biosecurity Amendment Act (No 2) 2015
140A: Trust accounts for levy money payable to Director-General
1: Where an order under section 137 140AA Banking (Prudential Supervision) Act 1989
a: ensure that the account is so named as to identify that it is a trust account kept by the person responsible for collecting the levy for the purposes of the order; and
b: take all practicable steps to ensure that—
i: the account is used only for holding amounts required to be deposited by subsection (3); and
ii: the balance in the account on any day is not less than the amount outstanding to the Director-General on that day by the person responsible for collecting the levy.
2: For the purpose of this section, the amount outstanding to the Director-General by a person responsible for collecting the levy on any day is the remainder obtained by subtracting—
a: the total of all amounts of levy paid by that person to the Director-General before that day calculated on the basis specified in the order under section 137 140AA
b: the total of all amounts required by subsection (3) to be deposited in the trust account by the person responsible for collecting the levy not later than a day before that day.
3: Where a person is responsible for collecting a levy, that person must deposit an amount equal to the levy calculated on the basis provided for in the order under section 137 140AA
4: There is deemed to be held on trust for the Director-General as levy money—
a: the amount outstanding to the Director-General by the person responsible for collecting the levy held in the trust account specified in the order under section 137 140AA
b: where the amount held in the account is less than the amount outstanding, all the money in the account.
5: Money deemed by subsection (4) to be held on trust—
a: is not available for the payment of; and
b: is not liable to be attached or taken in execution at the instance of— any creditor of the person responsible for collecting the levy (other than the Director-General).
6: A person who ceases to be a person responsible for collecting a levy must continue to maintain the trust account referred to in this section until all the levy money payable to the Director-General in respect of the period during which that person was responsible for collecting the levy has been paid.
7: Nothing in subsection (6) limits or affects any obligation or liability under this Act of any person who has become responsible for collecting the levy. Section 140A inserted 26 November 1997 section 94 Biosecurity Amendment Act 1997 Section 140A(1) amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 140A(1) amended 28 May 2015 section 6 Biosecurity Amendment Act (No 2) 2015 Section 140A(2)(a) amended 28 May 2015 section 6 Biosecurity Amendment Act (No 2) 2015 Section 140A(3) amended 28 May 2015 section 6 Biosecurity Amendment Act (No 2) 2015 Section 140A(4)(a) amended 28 May 2015 section 6 Biosecurity Amendment Act (No 2) 2015
141: Effect of levy order
Where an order is made under section 137 140AA
a: every person responsible for paying or collecting the levy
b: the Director-General may recover the levy from any person responsible for paying or collecting it Section 141 amended 28 May 2015 section 7(1) Biosecurity Amendment Act (No 2) 2015 Section 141(a) amended 28 May 2015 section 7(2) Biosecurity Amendment Act (No 2) 2015 Section 141(b) amended 28 May 2015 section 7(3) Biosecurity Amendment Act (No 2) 2015
141A: Orders to provide for records to be kept for Director-General's levy
For the purpose of ascertaining whether or not an order under section 137 140AA
a: the keeping of statements, accounts, and records of specified classes or descriptions by the Director-General, persons responsible for collecting the levy, and persons responsible for paying the levy concerned, or any of them; and
b: any such statements, accounts, or records to be retained for a specified period. Section 141A inserted 26 November 1997 section 95 Biosecurity Amendment Act 1997 Section 141A amended 28 May 2015 section 8 Biosecurity Amendment Act (No 2) 2015
141B: Compliance audits for Director-General's levy
1: While an order under section 137 140AA
a: some or all of the persons responsible for collecting the levy:
b: some or all of the persons responsible for paying the levy.
2: While an order under section 137 140AA
3: No person is qualified for appointment as an auditor unless the person is a qualified auditor (within the meaning of section 35 Financial Reporting Act 2013
4: No officer or employee of any of the following persons or organisations may be appointed an auditor:
a: the Director-General:
b: any person responsible for collecting the levy under the order concerned:
c: any person responsible for paying the levy under the order concerned.
5: Every person appointed as an auditor is entitled to remuneration (paid by the Director-General) as provided in the relevant levy order.
6: For the purposes of sections 141C 141D auditor Section 141B inserted 26 November 1997 section 95 Biosecurity Amendment Act 1997 Section 141B(1) amended 28 May 2015 section 9 Biosecurity Amendment Act (No 2) 2015 Section 141B(2) amended 28 May 2015 section 9 Biosecurity Amendment Act (No 2) 2015 Section 141B(3) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
141C: Purpose of compliance audits for Director-General's levy
1: The purpose of an audit conducted by an auditor appointed under section 141B(1)
a: the extent to which persons responsible for paying the levy concerned are doing and have done so:
b: the extent to which appropriate amounts of the levy concerned are being and have been paid:
c: the extent to which appropriate amounts of the levy concerned are being and have been collected:
d: the extent to which appropriate amounts of the levy concerned are being and have been paid over to the Director-General by persons collecting it:
e: the extent to which statements, accounts, and records are being and have been kept:
f: the extent to which statements, accounts, and records that are being and have been kept are being and have been properly kept.
2: The purpose of an audit conducted by an auditor appointed under section 141B(2) Section 141C inserted 26 November 1997 section 95 Biosecurity Amendment Act 1997
141D: Power of auditors to require production of statements and records
1: For the purposes of conducting an audit, any auditor specifically or generally authorised in writing in that behalf by a Minister may from time to time require any person (being the Director-General, a person responsible for collecting levies, a person responsible for paying levies, or any employee or officer of the Director-General, or any such person) to produce for inspection within a reasonable period specified by the auditor any statements, accounts, and records in the possession or under the control of that person (being statements, accounts, or records that are required to be kept under this Act or by an order), and may take copies of or extracts from any such document.
2: Every authorisation under subsection (1) must contain—
a: a reference to this section; and
b: the full name of the auditor; and
c: a statement of the powers conferred on the auditor by subsection (1).
3: Subject to section 141C(2)
4: Notwithstanding subsection (3), the Official Information Act 1982
5: A person who is the subject of a requirement of an auditor under subsection (1) must comply with the requirement. Section 141D inserted 26 November 1997 section 95 Biosecurity Amendment Act 1997 Section 141D(5) inserted 18 September 2012 section 58 Biosecurity Law Reform Act 2012
142: Resolution of disputes
Every order under section 137
a: the appointment of arbitrators
i: whether or not any person is required to pay the levy concerned:
ii: the amount of levy any person is required to pay; and
b: the procedures to be followed by arbitrators
c: remuneration of arbitrators
d: the payment of arbitration
e: a right of appeal to a District Court Judge against decisions of arbitrators
f: any other matters relating to the resolution of such disputes. Section 142(a) amended 26 November 1997 section 96(1) Biosecurity Amendment Act 1997 Section 142(b) amended 26 November 1997 section 96(1) Biosecurity Amendment Act 1997 Section 142(c) amended 26 November 1997 section 96(1) Biosecurity Amendment Act 1997 Section 142(d) amended 26 November 1997 section 96(2) Biosecurity Amendment Act 1997 Section 142(e) amended 26 November 1997 section 96(1) Biosecurity Amendment Act 1997 Biosecurity database Heading inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012
142A: Establishment
1: The Director-General may establish and maintain a biosecurity database containing information about land for the purposes of this Act.
2: The database may be in any form that the Director-General thinks fit, including an electronic form that—
a: records or stores information electronically; and
b: permits the information to be readily inspected; and
c: permits the information to be readily reproduced; and
d: permits the information to be accessed by remote log-on access or any other electronic means.
3: The database may record all or some of the following information about land:
a: legal description:
b: valuation:
c: land use:
d: the name and contact details of the owner:
e: the name and contact details of the occupier.
4: The database may contain any other information about land that the Director-General considers useful.
5: The information in the database may come from any source, such as—
a: information that is publicly available, as defined in section 142C(7)
b: information provided voluntarily for inclusion in the database by a person to whom the information relates or by the person's agent:
c: information provided or made available to the Director-General or the Ministry under this Act or any other enactment.
6: The fact that information is in the biosecurity database because it is provided or made available to the Director-General or the Ministry under another enactment does not affect any provisions in the other enactment relating to the handling of the information. Section 142A inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012 Section 142A(5)(a) amended 26 March 2015 section 6 Biosecurity Amendment Act 2015
142B: Information from local authorities
1: This section applies to information to which both the following apply:
a: it comes from the database that is required to be kept by a local authority under section 27
b: it is of a kind described in section 142A(3)
2: Local authorities must provide the information, or make it available,—
a: to the Director-General; and
b: for inclusion in the biosecurity database; and
c: either—
i: in accordance with a timetable set by the Director-General; or
ii: when the Director-General requires its provision or availability; and
d: free of any charge except the actual and reasonable costs of transferring the information.
3: The Local Government (Rating) Act 2002 Section 142B inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012
142C: Access, use, or disclosure
Publicly available information
1: For information in the biosecurity database that is publicly available
a: access, use, or disclose it for any lawful purpose:
b: authorise other persons to access and use it for any lawful purpose. Information that is not publicly available
2: For information in the biosecurity database that is not publicly available
a: to access, use, or disclose it for the purposes of this Act:
b: to authorise other persons to access and use it for the purposes of this Act:
c: to access, use, or disclose it as required by any other enactment, except the Official Information Act 1982
d: to authorise other persons to access and use it as required by any other enactment, except the Official Information Act 1982
e: to access, use, or disclose it in accordance with a permission of a kind described in subsection (4) or (5):
f: to authorise other persons to access and use it in accordance with a permission of a kind described in subsection (4) or (5):
g: to access, use, or disclose it for statistical or research purposes, provided that the information accessed, used, or disclosed—
i: does not identify any person; and
ii: is not published in any form that could reasonably be expected to identify any person:
h: to authorise other persons to access and use it for statistical or research purposes, provided that the information used—
i: does not identify any person; and
ii: is not published in any form that could reasonably be expected to identify any person:
i: to provide it to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2022
3: The references to the Official Information Act 1982 OIA
4: For information in the biosecurity database that is not publicly available
5: For information in the biosecurity database that is not publicly available
a: it must be for 1 or all of access to the information, use of the information, or disclosure of the information; and
b: it must state the purpose for which the person permits the access, use, or disclosure; and
c: it may be withdrawn at any time; and
d: it may be relied on only for as long as—
i: the Ministry has a written record of it; and
ii: it has not been withdrawn. Register of relevant enactments
6: The Director-General must—
a: establish and maintain a register that lists all enactments of the following kinds:
i: an enactment containing a provision expressly allowing access to, use of, or disclosure of information in the biosecurity database:
ii: an enactment containing a provision under which the Director-General may make an agreement allowing a person access to, use of, or disclosure of information in the biosecurity database:
iii: an enactment containing a provision under which the Director-General has made an agreement allowing a person access to, use of, or disclosure of information in the biosecurity database; and
b: ensure that the register is available on an Internet site maintained by or on behalf of the Ministry. Meaning of publicly available
7: In this section and section 142A(5)(a) publicly available
a: comes directly or indirectly from a source that is, or was at the time of collection, available to the public; or
b: the Director-General believes on reasonable grounds is available to the public. Section 142C inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012 Section 142C(1) heading replaced 26 March 2015 section 7(1) Biosecurity Amendment Act 2015 Section 142C(1) amended 26 March 2015 section 7(2) Biosecurity Amendment Act 2015 Section 142C(2) heading replaced 26 March 2015 section 7(3) Biosecurity Amendment Act 2015 Section 142C(2) amended 26 March 2015 section 7(4) Biosecurity Amendment Act 2015 Section 142C(2)(g) inserted 26 March 2015 section 7(5) Biosecurity Amendment Act 2015 Section 142C(2)(h) inserted 26 March 2015 section 7(5) Biosecurity Amendment Act 2015 Section 142C(2)(i) inserted 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 142C(4) amended 26 March 2015 section 7(4) Biosecurity Amendment Act 2015 Section 142C(5) amended 26 March 2015 section 7(4) Biosecurity Amendment Act 2015 Section 142C(7) heading inserted 26 March 2015 section 7(6) Biosecurity Amendment Act 2015 Section 142C(7) inserted 26 March 2015 section 7(6) Biosecurity Amendment Act 2015
142D: Person may require Director-General not to access, use, or disclose information
1: A person whose information is in the biosecurity database may request the Director-General not to access, use, or disclose the following information about the person:
a: his or her name:
b: his or her postal address:
c: his or her other personal contact details.
2: The person—
a: must make the request in writing; and
b: is not required to provide reasons for the request.
3: The Director-General must comply with the request.
4: The person may later inform the Director-General that the person withdraws his or her request. Section 142D inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012
142E: Voluntary provision of information
Sections 142A to 142D
a: a person giving the Director-General information if the person wishes to do so; or
b: the Director-General using the information for any lawful purpose. Section 142E inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012 Automated electronic systems Heading inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012
142F: Arrangement for system
1: The Director-General may arrange for the use of an automated electronic system to do the actions described in subsection (2) that this Act or another enactment allows or requires the persons described in subsection (3) to do.
2: The actions are—
a: exercising a power:
b: carrying out a function:
c: carrying out a duty:
d: making a decision, including making a decision by—
i: analysing information that the Director-General holds or has access to about a person, goods, or craft; and
ii: applying criteria predetermined by the Director-General to the analysis:
e: doing an action for the purpose of exercising a power, carrying out a function or duty, or making a decision:
f: communicating the exercising of a power, carrying out of a function or duty, or making of a decision.
3: The persons are—
a: the Director-General:
b: inspectors:
c: chief technical officers:
d: authorised persons:
e: accredited persons:
f: assistants of inspectors or authorised persons.
4: The Director-General may make an arrangement only if satisfied that—
a: the system has the capacity to do the action with reasonable reliability; and
b: a process is available under which a person affected by an action done by the system can have the action reviewed by a person described in subsection (3) without undue delay.
5: A system used in accordance with an arrangement may include components outside New Zealand.
6: The Director-General must consult the Privacy Commissioner about including in an arrangement actions that involve the collection or use of personal information. Section 142F inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012
142G: Effect of use of system
1: This section applies to an action done by an automated electronic system.
2: An action allowed or required by this Act done by the system—
a: is treated as an action done properly by the appropriate person referred to in section 142F(3)
b: is not invalid by virtue only of the fact that it is done by the system.
3: If an action allowed or required by another enactment done by the system is done in accordance with any applicable provisions in the enactment on the use of an automated electronic system, the action—
a: is treated as an action done properly by the appropriate person referred to in section 142F(3)
b: is not invalid by virtue only of the fact that it is done by the system.
4: If the system operates in such a way as to render the action done or partly done by the system clearly wrong, the action may be done by the appropriate person referred to in section 142F(3) Section 142G inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012 Risk profiling Heading inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012
142H: Retention and use of information for risk profiling
1: Subsections (2) and (3) apply to information—
a: provided to the Director-General under this Act; or
b: disclosed to the Director-General by a border sector agency; or
c: held by the Director-General after coming to the Director-General from another source.
2: The Director-General may collect, retain, analyse, process, or use information for the purpose of developing—
a: an assessment of the risk that craft, goods, or persons may present in future:
b: criteria for the exercise of powers or the carrying out of functions or duties under this Act.
3: A person exercising powers or carrying out duties or functions under this Act may apply a risk assessment or criteria developed under subsection (2). Section 142H inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012 Disclosure of personal information Heading inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012
142I: Disclosure of personal information in New Zealand
1: This section applies to personal information—
a: provided to the Director-General under this Act; or
b: disclosed to the Director-General by a border sector agency; or
c: held by the Director-General after coming to the Director-General from another source.
1A: The Director-General may disclose the personal information to an intelligence and security agency only if the Director-General believes, on reasonable grounds, that the disclosure of the information is necessary to enable the agency to perform any of its functions under section 10 11 13 14
2: The Director-General may disclose the personal information to other agencies
a: the prevention, detection, investigation, prosecution, and punishment of offences:
b: the enforcement of a law imposing a pecuniary penalty:
c: the protection of the life, health, or safety of a person or group of persons:
d: the protection of the environment:
e: the protection of public revenue:
f: the maintenance of border security:
g: the achievement of the purposes of this Act.
3: If the disclosure is to be made to a private sector agency, it must be made under an arrangement made between the Director-General and the agency to which subsection (4) applies.
4: The arrangement—
a: must be in writing; and
b: must state criteria for the disclosure of information under it; and
c: must state the use that the private sector agency may make of the information; and
d: must—
i: prohibit the agency from disclosing the information to any other agency; or
ii: specify the other agencies to whom the agency may disclose the information, the extent to which the agency may disclose the information, and conditions subject to which the agency may disclose the information; and
e: may state—
i: the form in which the information may be disclosed:
ii: the method by which the information may be disclosed; and
f: may be varied.
5: This section does not apply to information in the biosecurity database.
6: In this section, intelligence and security agency
a: the New Zealand Security Intelligence Service:
b: the Government Communications Security Bureau. Section 142I inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012 Section 142I(1A) inserted 28 September 2017 section 244(1) Intelligence and Security Act 2017 Section 142I(2) amended 28 September 2017 section 244(2) Intelligence and Security Act 2017 Section 142I(6) inserted 28 September 2017 section 244(3) Intelligence and Security Act 2017
142J: Disclosure of personal information outside New Zealand
1: This section applies to personal information—
a: provided to the Director-General under this Act; or
b: disclosed to the Director-General by a border sector agency; or
c: held by the Director-General after coming to the Director-General from another source.
2: The Director-General may disclose the information to agencies overseas to facilitate the carrying out by the agencies of—
a: the prevention, detection, investigation, prosecution, and punishment of offences:
b: the enforcement of a law imposing a pecuniary penalty:
c: the protection of the life, health, or safety of a person or group of persons:
d: the protection of the environment:
e: the protection of public revenue:
f: the maintenance of border security:
g: the achievement of the purposes of this Act.
3: The disclosure must be made under an arrangement made between the Director-General and the agency overseas to which subsections (4) to (6) apply.
4: The Director-General may make an arrangement only if satisfied that it is justified to help prevent, identify, or respond to—
a: contraventions of New Zealand law; or
b: contraventions of the overseas country's law; or
c: actions that it is the function of the agency to which the information is disclosed to prevent, identify, or respond to.
5: An arrangement—
a: must be in writing; and
b: must state criteria for the disclosure of information under it; and
c: must state the use that the agency to whom the information is disclosed may make of the information; and
d: must—
i: prohibit the agency from disclosing the information to any other agency; or
ii: specify the other agencies to whom the agency may disclose the information, the extent to which the agency may disclose the information, and conditions subject to which the agency may disclose the information; and
e: may state—
i: the form in which the information may be disclosed:
ii: the method by which the information may be disclosed; and
f: may be varied.
6: The Director-General—
a: must consult the Privacy Commissioner before entering into an arrangement, or varying an arrangement, involving the disclosure of personal information; and
b: must, if the Privacy Commissioner requires the Director-General to undertake a review of the arrangement and the arrangements for disclosure under it and it is at least 12 months since the last review,—
i: undertake the review; and
ii: report the result to the Privacy Commissioner as soon as practicable after concluding the review.
7: This section does not apply to information in the biosecurity database. Section 142J inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012
142K: Disclosure of personal information outside New Zealand: urgent action required
1: The Director-General may disclose personal information to a person overseas if—
a: a situation arises requiring urgent action; and
b: the requirements of this section are satisfied.
2: The first requirement is that the powers, functions, or duties of the overseas person include—
a: helping to investigate, prevent, identify, or respond to non-compliance with the law in New Zealand or in the overseas country; or
b: responding to difficulties arising in the course of trade between New Zealand and the overseas country.
3: The second requirement is that the information is disclosed subject to conditions that—
a: state the use that the overseas person may make of the information disclosed; and
b: state whether or not the overseas person may disclose the information disclosed to any other person; and
c: if the overseas person may disclose any of the information disclosed to any other person, state—
i: the persons to whom the overseas person may disclose it; and
ii: the extent to which the overseas person may disclose it; and
iii: the conditions subject to which the overseas person may disclose it.
4: The third requirement is that the Director-General makes and keeps a record of—
a: the information that was disclosed; and
b: the person to whom it was disclosed; and
c: any conditions subject to which it was disclosed.
5: The Director-General must make the records kept under subsection (4) available to the Privacy Commissioner if the Privacy Commissioner asks to see them.
6: This section does not apply to information in the biosecurity database. Section 142K inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012 Incorporation by reference Heading inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012
142L: Definitions for sections 142M to 142S
In sections 142M to 142S biosecurity document
a: regulations:
b: Orders in Council made under this Act:
c: standards issued under this Act:
d: notices issued under this Act:
e: instruments made under this Act incorporated inspection site
a: the head office of the responsible body:
b: any other place determined by the responsible body material section 142O
a: all of the original material:
b: part of the original material:
c: the original material with modifications, additions, or variations:
d: the original material with amendments incorporated:
e: material that amends the original material:
f: material that replaces the original material original material responsible body
a: the Director-General, for biosecurity documents for which the Ministry is responsible:
b: the chief executive, for biosecurity documents for which an other department is responsible:
c: the principal officer, for biosecurity documents for which a regional council is responsible. Section 142L inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012
142M: Incorporation in biosecurity documents
1: The following written material may be incorporated in a biosecurity document:
a: frameworks, codes of practice, standards, requirements, or recommended practices of international or national organisations:
b: frameworks, codes of practice, standards, requirements, or recommended practices prescribed in any country or jurisdiction:
c: material that is from any other source, deals with technical matters, and is too large to include in, or print as part of, the biosecurity document:
d: material that is from any other source and deals with technical matters and that it would be impractical to include in, or print as part of, the biosecurity document:
e: the current edition of a work of reference that the Director-General considers is accepted internationally or by an industry as a standard one to refer to on its subject matter:
f: a specific edition of a work of reference that the Director-General considers is accepted internationally or by an industry as a standard one to refer to on its subject matter:
g: a register established by or under this Act.
2: Material incorporated in a biosecurity document has legal effect as part of the document. Section 142M inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012
142N: Requirement to consult on proposal to incorporate material
1: This section applies if it is proposed to incorporate material in a biosecurity document.
2: The responsible body must make the material available in 1 or more of the following ways:
a: making it available for reading free of charge during working hours at the inspection sites:
b: making it available for reading free of charge in any other way determined by the responsible body:
c: making it available free of charge—
i: on an Internet site maintained by or on behalf of the responsible body:
ii: by providing a hypertext link from an Internet site maintained by or on behalf of the responsible body to an Internet site maintained by or on behalf of someone else where the material is available free of charge:
d: making copies of the material available for purchase.
3: If the material is not in an official New Zealand language, an accurate translation of the material into an official New Zealand language must also be available in each of the circumstances described in subsection (2).
4: The responsible body must—
a: give notice in the Gazette
i: the material is proposed for incorporation in a biosecurity document; and
ii: the material is available in the way or ways in which the responsible body has made it available; and
iii: public comment on the proposal to incorporate the material may be made to the responsible body; and
b: allow a reasonable opportunity for the public to comment on the proposal; and
c: consider any comments made.
5: If the material is material as described in section 142M(1)(e)
6: If the material is material as described in section 142M(1)(f)
7: If the material is material as described in section 142M(1)(g)
8: Failure to comply with this section does not invalidate a biosecurity document that incorporates material. Section 142N inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012
142O: Effect of amendments to, or replacement of, material incorporated
1: Material that amends or replaces material incorporated in a biosecurity document has legal effect as part of the document only if the responsible body publishes a notice under subsection (2).
2: The responsible body may publish a notice in the Gazette
a: states that the material has legal effect as part of the document; and
b: specifies the date on which the material has legal effect as part of the document.
3: Subsection (1) does not apply if the biosecurity document expressly says that it does not apply.
4: Subsection (1) does not apply to the material described in any of section 142M(1)(e) to (g) Section 142O inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012
142P: Proof of material incorporated
1: A copy of material incorporated in a biosecurity document must be—
a: certified as a correct copy of the material by the responsible body; and
b: retained by the responsible body.
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 biosecurity document of the material. Section 142P inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012
142Q: Effect of expiry of material incorporated
1: Material incorporated in a biosecurity document that expires or that is revoked or that ceases to have effect ceases to have legal effect as part of the document only if the responsible body publishes a notice under subsection (2).
2: The responsible body may publish a notice in the Gazette
a: states that the material ceases to have legal effect as part of the document; and
b: specifies the date on which the material ceases to have legal effect as part of the document.
3: Subsection (1) does not apply if the biosecurity document expressly says that it does not apply. Section 142Q inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012
142R: Access to material incorporated
1: The responsible body must make material incorporated in a biosecurity document available in 1 or more of the following ways:
a: making it available for reading free of charge during working hours at the inspection sites:
b: making it available for reading free of charge in any other way determined by the responsible body:
c: making it available free of charge—
i: on an Internet site maintained by or on behalf of the responsible body:
ii: by providing a hypertext link from an Internet site maintained by or on behalf of the responsible body to an Internet site maintained by or on behalf of someone else where the material is available free of charge:
d: making copies of the material available for purchase.
2: If the material is not in an official New Zealand language, an accurate translation of the material into an official New Zealand language must also be available in each of the circumstances described in subsection (1).
3: The responsible body must give notice in the Gazette
a: the material is incorporated in the biosecurity document; and
b: the material is available in the way or ways in which the responsible body has made it available.
4: Failure to comply with this section does not invalidate a biosecurity document that incorporates material. Section 142R inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012
142S: Effect of other enactments
1: Sections 69 to 100
2: Subparts 1 2 section 114
3: Sections 29 to 32 sections 142L to 142R Section 142S inserted 18 September 2012 section 59 Biosecurity Law Reform Act 2012 Section 142S(1) replaced 1 February 2014 section 77(3) Legislation Act 2012 Section 142S(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 142S(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 142S(3) amended 1 March 2016 section 45(1) Standards and Accreditation Act 2015
7: Exigency actions
143: Purpose of Part 7
The purpose of this Part is to provide for the effective prevention, eradication, or management Section 143 amended 18 September 2012 section 60 Biosecurity Law Reform Act 2012
144: Declaration of biosecurity emergency
1: On the recommendation of a Minister
a: it is likely that—
i: there has been an outbreak or occurrence in New Zealand of an organism (being an organism not previously known to be established in New Zealand) that has the potential to cause significant economic loss, significant environmental loss, or both, if it becomes established in New Zealand; or
ii: there is established in part of New Zealand an organism (being an organism not previously known to be established in New Zealand) that has the potential to cause significant economic loss, significant environmental loss, or both, if it becomes established in other parts of New Zealand; or
iii: an organism previously thought to be of restricted distribution or abundance (or both) in New Zealand is becoming or has become so distributed and abundant in New Zealand or any part of New Zealand that it has the potential to cause significant economic loss, significant environmental loss, or both; or
iv: a pest is, or threatens to be, beyond control by the application of the national pest management plan
b: it is in the public interest that action be taken immediately to eradicate or manage eradicated or effectively managed
2: The Minister shall, to the extent that is practical in the circumstances, consult such persons as the Minister believes on reasonable grounds are representative of interests involved in the emergency before recommending that the Governor-General declare a biosecurity emergency.
3: A declaration of a biosecurity emergency shall state the area or areas to which it applies and specify the nature of the emergency.
4: A declaration of a biosecurity emergency comes into force when it is declared or at any later time stipulated in the Proclamation declaring it.
5: The Minister shall publish notice of the declaration not later than 24 hours after it is made by such means as the Minister considers practical and appropriate and shall cause the Proclamation to be published in the Gazette
6: On the recommendation of the Minister, the Governor-General may by further Proclamation amend , extend, or revoke a Proclamation under this section and the Minister must publish notice of the amendment, extension, or revocation 1967 No 50 s 30 1970 No 151 s 12 Section 144(1) amended 26 November 1997 section 97(1) Biosecurity Amendment Act 1997 Section 144(1)(a)(iv) amended 18 September 2012 section 61(1) Biosecurity Law Reform Act 2012 Section 144(1)(b) amended 18 September 2012 section 61(2) Biosecurity Law Reform Act 2012 Section 144(1)(b) amended 18 September 2012 section 61(3) Biosecurity Law Reform Act 2012 Section 144(1)(b) amended 26 November 1997 section 97(2)(a) Biosecurity Amendment Act 1997 Section 144(1)(b) amended 26 November 1997 section 97(2)(b) Biosecurity Amendment Act 1997 Section 144(6) amended 18 September 2012 section 61(4) Biosecurity Law Reform Act 2012
145: Emergency powers
1: The Minister may, in the area or areas in which a declaration of biosecurity emergency is in force, by notice, eradicating or managing
2: Without prejudice to the generality of the powers conferred by subsection (1), the Minister, or any person authorised by the Minister for the purpose, may require the owner of any goods or premises or craft (being a craft registered in New Zealand, or chartered by a company (within the meaning of section 2(1) eradicating or limiting
3: A notice under this section—
a: is secondary legislation ( see Part 3
b: comes into force when it is made, even if it is not yet published. 1967 No 50 ss 30, 31 1970 No 151 s 13(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 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 145(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 145(1) amended 18 September 2012 section 62(1) Biosecurity Law Reform Act 2012 Section 145(1) amended 26 November 1997 section 98 Biosecurity Amendment Act 1997 Section 145(2) amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 145(2) amended 18 September 2012 section 62(2) Biosecurity Law Reform Act 2012 Section 145(2) amended 26 November 1997 section 98 Biosecurity Amendment Act 1997 Section 145(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
146: Duration of emergency
1: A declaration of biosecurity emergency ceases to have effect at the end of 4 months after it comes into force, unless subsection (2) or (5) applies.
2: Before a declaration ceases to have effect, it may be extended by—
a: another Proclamation under section 144
b: a resolution of the House of Representatives.
3: If a declaration is extended under subsection (2)(a), subsection (1) applies to it.
4: If a declaration is extended under subsection (2)(b), it is extended for the period stated in the resolution.
5: Before a declaration ceases to have effect, it may be revoked by—
a: another Proclamation under section 144
b: a resolution of the House of Representatives.
6: A resolution revoking a declaration has effect from the time of the resolution or a later time specified in the resolution.
7: An extension under subsection (2)(b) or a revocation under subsection (5)(b) must be published under Part 3 section 120(2) Section 146 replaced 18 September 2012 section 63 Biosecurity Law Reform Act 2012 Section 146(7) replaced 1 February 2014 section 77(3) Legislation Act 2012 Section 146(7) amended 28 October 2021 section 3 Secondary Legislation Act 2021
147: House of Representatives must be informed
1: The Minister must inform the House of the making of a Proclamation under section 144
2: The Minister must inform the House if the Minister intends—
a: to recommend or not to recommend the extension of a biosecurity emergency; or
b: to recommend the revocation of a biosecurity emergency.
3: When informing the House, the Minister must provide reasons.
4: The Minister must inform the House,—
a: if the House is sitting, immediately; or
b: if the House is not sitting, as early as is practicable on its next sitting day. Definition for this section
5: In this section, House Section 147 replaced 18 September 2012 section 64 Biosecurity Law Reform Act 2012
148: Revocation by House of Representatives of biosecurity emergency
Section 148 repealed 18 September 2012 section 64 Biosecurity Law Reform Act 2012
149: Compensation
Section 149 repealed 1 October 1998 section 106(2) Biosecurity Amendment Act 1997
150: Biosecurity emergency regulations
1: On the recommendation of the Minister, the Governor-General may, at any time while a declaration of biosecurity emergency is in force, by Order in Council make regulations for the eradication or management
2: The Minister shall, to the extent that is practical in the circumstances, consult such persons as the Minister believes on reasonable grounds are representative of interests affected by the proposed regulations before recommending that the Governor-General make regulations under this section; and shall not recommend that the Governor-General make them unless satisfied, on reasonable grounds, that they are necessary or desirable for the eradication or management
3: Without prejudice to the generality of subsection (1), biosecurity emergency regulations may do all or any of the following things:
a: create offences in respect of the breach of a biosecurity emergency regulation or non-compliance with a direction given or requirement made under the authority of such a regulation:
b: prescribe as the penalty for an offence created by a biosecurity emergency regulation—
i: where the offence is committed by an individual, a fine not exceeding $15,000; and
ii: where the offence is committed by a body corporate, a fine not exceeding $75,000:
c:
d:
e:
f: prescribe procedures for arbitration or resolution of disputes.
4: The following apply to biosecurity emergency regulations:
a: they are secondary legislation ( see Part 3
b: they commence when the regulations are made or at a later time specified in the regulations, even if they are not yet published:
c: they must be presented to the House of Representatives no later than the second sitting day after they are made:
d: they must be confirmed by an Act ( see subpart 3
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 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 150(1) amended 18 September 2012 section 65 Biosecurity Law Reform Act 2012 Section 150(1) amended 26 November 1997 section 99 Biosecurity Amendment Act 1997 Section 150(2) amended 18 September 2012 section 65 Biosecurity Law Reform Act 2012 Section 150(2) amended 26 November 1997 section 99 Biosecurity Amendment Act 1997 Section 150(3)(c) repealed 1 October 1998 section 106(2) Biosecurity Amendment Act 1997 Section 150(3)(d) repealed 1 October 1998 section 106(2) Biosecurity Amendment Act 1997 Section 150(3)(e) repealed 1 October 1998 section 106(2) Biosecurity Amendment Act 1997 Section 150(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 150(5) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
151: Emergency regulations are confirmable instruments
Section 151 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
152: Provisional control action
1: If a Minister suspects on reasonable grounds that a pest or unwanted organism may be present in New Zealand but is unable to confirm the suspicion until further information is available to enable identification of the organism and consideration of the appropriate means of eradicating or managing the organism, and the Minister believes on reasonable grounds that sufficient powers are not otherwise available under this Act to prevent the spread or development of the organism, the Minister may by written notice to a chief technical officer declare a provisional control programme.
2: A notice given under subsection (1) must—
a: specify the steps that the Minister believes are necessary or desirable to provisionally control the spread or development of the suspected organism; and
b: authorise the chief technical officer to direct any inspector or authorised person to carry out the steps specified in the notice in such a manner as the chief technical officer thinks fit, and the inspector or authorised person may act accordingly.
3: A provisional control programme declared in accordance with this section may remain in force for such period not exceeding 60 days as the Minister believes on reasonable grounds to be necessary and the Minister may extend the programme for 1 further period not exceeding 60 days. Section 152 replaced 26 November 1997 section 100 Biosecurity Amendment Act 1997
153: Compensation following investigation of pests
Section 153 repealed 1 October 1998 section 106(2) Biosecurity Amendment Act 1997
8: Enforcement, offences, and penalties
Compliance orders Heading inserted 18 September 2012 section 66 Biosecurity Law Reform Act 2012
154: Scope
1: An inspector or authorised person may make a compliance order against a person.
2: A compliance order may—
a: require the person to cease doing something that, in the opinion of the inspector or authorised person, contravenes or is likely to contravene biosecurity law; or
b: prohibit the person from starting something that, in the opinion of the inspector or authorised person, contravenes or is likely to contravene biosecurity law; or
c: prohibit the person from doing something again that, in the opinion of the inspector or authorised person, contravenes or is likely to contravene biosecurity law; or
d: prohibit the person from having something done on the person's behalf that, in the opinion of the inspector or authorised person, contravenes or is likely to contravene biosecurity law; or
e: prohibit the person from having something done on the person's behalf again that, in the opinion of the inspector or authorised person, contravenes or is likely to contravene biosecurity law; or
f: require the person to do something that, in the opinion of the inspector or authorised person, is necessary to ensure that the person complies with biosecurity law. Section 154 replaced 18 September 2012 section 66 Biosecurity Law Reform Act 2012
154A: Content
A compliance order must state—
a: the name of the person against whom it is made; and
b: the reasons why the inspector or authorised person made it; and
c: the requirement or prohibition in section 154(2)
d: either,—
i: for a requirement, the period, if any, within which the requirement must be achieved, which must start on the day on which the order is served and end after a time that is reasonable for the achievement of the requirement; or
ii: for a prohibition, the time and date, if any, from which the prohibition is to take effect; and
e: the conditions, if any, imposed by the inspector or authorised person; and
f: the consequences of not complying with the order; and
g: the rights of appeal in section 154E
h: the name and address of the agency whose inspector or authorised person made the order. Section 154A inserted 18 September 2012 section 66 Biosecurity Law Reform Act 2012
154B: Service
1: An inspector or authorised person who makes a compliance order must ensure that it is served on the person against whom it is made.
2: A compliance order may be served by—
a: delivering it personally to the person:
b: delivering it to the person at the person's usual or last-known place of residence or business:
c: sending it by fax or email to the person's fax number or email address:
d: posting it in a letter addressed to the person at the person's usual or last known place of residence or business.
3: The following provisions apply to service as described in subsection (2):
a: service on an officer of a body, or on the body's registered office, is deemed to be service on the body:
b: service on any of the partners in a partnership is deemed to be service on the partnership:
c: service by post is deemed to occur at the time at which the order would have been delivered in the ordinary course of the post. Section 154B inserted 18 September 2012 section 66 Biosecurity Law Reform Act 2012
154C: Compliance
The person against whom a compliance order is made must—
a: comply with the order; and
b: do so within the period stated in the order, if a period is stated; and
c: pay all the costs and expenses of complying with the order, unless the order states otherwise. Section 154C inserted 18 September 2012 section 66 Biosecurity Law Reform Act 2012
154D: Change or cancellation
1: A compliance order may be changed or cancelled under subsection (2) or cancelled under subsection (3) by the appointer of the inspector or authorised person who made the order.
2: If the appointer receives a written application from the person against whom the order was made to change or cancel the order, the appointer—
a: must consider the application as soon as practicable, having regard to—
i: the purpose for which the order was made; and
ii: the effect of a change or cancellation on the purpose; and
iii: any other matter the appointer thinks fit:
b: may confirm, change, or cancel the order:
c: must give the person against whom the order was made written notice of the confirmation, change, or cancellation.
3: The appointer—
a: may cancel the order if the appointer considers that the order is no longer required; and
b: must give the person against whom the order was made written notice of the cancellation. Section 154D inserted 18 September 2012 section 66 Biosecurity Law Reform Act 2012
154E: Appeal to District Court
1: The following persons may appeal to the District Court
a: the person against whom a compliance order is made under section 154
b: a person whose application under section 154D(2) Stay of compliance order pending appeal result
2: The appeal does not operate as a stay of the compliance order.
3: The person may apply to the court for a stay of the compliance order pending the court's decision on the appeal.
4: The court must consider the application for a stay as soon as practicable after the application for it is lodged.
5: The court must consider—
a: whether to hear—
i: the person:
ii: the appointer of the inspector or authorised person whose compliance order is appealed against; and
b: the likely effect of granting a stay on human health or natural and physical resources; and
c: whether it is unreasonable for the person to comply with the compliance order pending the decision on the appeal; and
d: any other matters that the court thinks fit.
6: The court may grant or refuse a stay and may impose any terms or conditions that the court thinks fit.
7: The stay has legal effect once a copy of it is served on the appointer of the inspector or authorised person whose compliance order is appealed against.
8: The stay remains in force until the District Court orders it lifted. District Courts Rules apply
9: The rules of procedure under the District Court Act 2016 Powers of District Court
10: The District Court may confirm, change, or cancel the order appealed against. Section 154E inserted 18 September 2012 section 66 Biosecurity Law Reform Act 2012 Section 154E(1) amended 1 March 2017 section 261 District Court Act 2016 Section 154E(9) amended 1 March 2017 section 261 District Court Act 2016
154F: Appeal to High Court, Court of Appeal, or Supreme Court
1: A party to an appeal under section 154E
2: The High Court Rules 2016 sections 126 to 130
a: as if it were an appeal under section 124
b: with all necessary modifications.
3: A party to an appeal under subsection (1) may appeal to the Court of Appeal or the Supreme Court against a determination of the High Court on a question of law, with the leave of the court appealed to, and subject to section 75
4: The Court of Appeal or the Supreme Court hearing an appeal under this section has the same power to adjudicate on the appeal as the High Court had. Section 154F inserted 18 September 2012 section 66 Biosecurity Law Reform Act 2012 Section 154F(2) amended 1 March 2017 section 261 District Court Act 2016 Section 154F(2) amended 18 October 2016 section 183(c) Senior Courts Act 2016 Section 154F(2)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 154F(3) amended 1 March 2017 section 183(b) Senior Courts Act 2016
154G: Effect of appeal
An appeal under section 154E or 154F
a: the appointer of the inspector or authorised person whose compliance order is appealed against must not cancel the order while the order is the subject of an appeal or while the time for the person's appeal rights is running; and
b: the person who appeals must comply with the order if compliance is required as the result of the person exercising the person's appeal rights. Section 154G inserted 18 September 2012 section 66 Biosecurity Law Reform Act 2012 Pecuniary penalties Heading inserted 18 September 2012 section 66 Biosecurity Law Reform Act 2012
154H: Pecuniary penalty order
1: The Director-General may apply to the High Court for an order that a person pay the Crown a pecuniary penalty under this Act.
2: The court may make the order if it is satisfied that the person failed to comply with—
a: section 16A
b: section 16B
c: section 16C
d: section 18(1)(b)
e: section 24D(1)(a)
f: section 25(1), (2), (8), or (9)
g: a condition imposed under section 27A
h: section 29(1)
i: a condition imposed under section 29(2)
j: section 40(6)
k: section 52
l: section 53
m: a direction under section 122
n: section 130(4)
o: section 134(1)
p: regulations made under section 150
q: any directions or requirements under Part 7
r: any of the following requirements, if the requirement has been prescribed by regulations as a requirement for which a contravention gives rise to civil liability:
i: a requirement in regulations:
ii: a requirement in a rule.
3: The court must not make the order if the person satisfies the Court—
a: that the failure was necessary for the purpose of—
i: saving or protecting life or health, preventing serious damage to property, or avoiding an actual or likely adverse effect on human health or a natural and physical resource; and
ii: the person's conduct was reasonable in all the circumstances; and
iii: the person took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the failure after it occurred; or
b: that the following apply:
i: the failure was due to an event beyond the person's control, including natural disaster, mechanical failure, or sabotage; and
ii: the person could not reasonably have foreseen the event; and
iii: the person could not reasonably have taken steps to prevent the event occurring; and
iv: the person took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the failure after the event occurred; or
c: that the person did not know, and could not reasonably have known, of the failure.
4: The standard of proof in proceedings under this section is the standard of proof that applies in civil proceedings.
5: The Director-General may apply for an order of the court to obtain discovery and administer interrogatories. Section 154H inserted 18 September 2012 section 66 Biosecurity Law Reform Act 2012
154I: Liability of principals and employers
1: Subsections (2) and (3) apply if the person who is liable under section 154H(2)
2: The other person is liable under section 154H
a: that the act or omission that constituted the non-compliance took place with his or her authority, permission, or consent; or
b: that he or she knew that the non-compliance was occurring or was to occur and failed to take all reasonable steps to prevent or stop it.
3: The liability described in subsection (2) does not affect the liability described in subsection (1).
4: A court that makes an order under section 154H
a: that the act or omission that constituted the non-compliance took place with the director or person's authority, permission, or consent; or
b: that the director or person knew that the non-compliance was occurring or was to occur and failed to take all reasonable steps to prevent or stop it. Section 154I inserted 18 September 2012 section 66 Biosecurity Law Reform Act 2012
154J: Amount
1: In determining the appropriate amount of a pecuniary penalty under section 154H
a: the nature and extent of the contravention:
b: the nature and extent of loss or damage caused to a person, human health, or a natural and physical resource as a result of the contravention:
c: the circumstances in which the contravention took place:
d: whether or not the person has been found in previous proceedings under this Act to have engaged in similar conduct:
e: the steps taken by the person to bring the contravention to the attention of the appropriate authority:
f: the steps taken by the person to avoid, remedy, or mitigate the effects of the contravention.
2: Subsections (3) to (7) state the limits on the amounts of pecuniary penalty that the court may order.
3: For an individual, the limit is $500,000.
4: For a body corporate,—
a: subsection (5) states the limit that applies if—
i: the court is satisfied that the contravention occurred in the course of producing a commercial gain; and
ii: the commercial gain can be readily ascertained:
b: subsection (6) states the limit that applies if—
i: the court is satisfied that the contravention occurred in the course of producing a commercial gain; and
ii: the commercial gain cannot be readily ascertained:
c: subsection (7) states the limit that applies if the court is not satisfied that the contravention occurred in the course of producing a commercial gain.
5: For the purposes of subsection (4)(a), the limit is the greater of—
a: $10,000,000; and
b: 3 times the value of the commercial gain resulting from the contravention.
6: For the purposes of subsection (4)(b), the limit is the greater of—
a: $10,000,000; and
b: 10% of the turnover of the body corporate and all of its interconnected bodies corporate (if any) ( interconnected turnover Commerce Act 1986
7: For the purposes of subsection (4)(c), the limit is $10,000,000. Section 154J inserted 18 September 2012 section 66 Biosecurity Law Reform Act 2012
154K: Other orders instead of or in addition to pecuniary penalty order
In proceedings under section 154H
a: an order that the person mitigate or remedy any adverse effects, on persons or a natural and physical resource, that are caused by or on behalf of the person:
b: an order that the person mitigate or remedy any adverse effects, on persons or a natural and physical resource, that relate to land owned or occupied by the person:
c: an order that the person pay the costs of mitigating or remedying the adverse effects referred to in paragraph (a) or (b). Section 154K inserted 18 September 2012 section 66 Biosecurity Law Reform Act 2012
154L: Concurrent criminal proceedings and pecuniary penalty proceedings
1: This section applies if the same act or omission, or substantially the same act or omission, could give rise to proceedings under section 154H pecuniary penalty proceedings section 154M to 154O criminal proceedings
2: Criminal proceedings may be started whether or not pecuniary penalty proceedings have been started.
3: If criminal proceedings are started when pecuniary penalty proceedings have been started but not completed, the pecuniary penalty proceedings are stayed.
4: Criminal proceedings may not be started if pecuniary penalty proceedings have resulted in the making of a pecuniary penalty order that remains in place after all appeal rights either have not been exercised at all or have been exercised and abandoned or exhausted. Section 154L inserted 18 September 2012 section 66 Biosecurity Law Reform Act 2012 Offences Heading inserted 18 September 2012 section 66 Biosecurity Law Reform Act 2012
154M: Section 154M offence
1: A person commits an offence against this Act who fails to answer, or gives an incorrect answer to, a question put to the person under section 105E(3)
2: The offence is a strict liability offence.
3: The prosecution is not required to prove that the defendant intended to commit the offence.
4: The defendant has a defence if the defendant proves that, when the defendant was required to answer the question, the defendant honestly and reasonably believed that the answer the person gave was, in all the circumstances, correct at the time.
5: The defendant also has a defence if the defendant proves that, when the defendant was required to answer the question, the defendant did not have the information required to answer the question in the person's knowledge, possession, or control.
6: The defendant also has a defence if the defendant proves that—
a: the action or event to which the prosecution relates was due to—
i: the act or omission of another person; or
ii: an accident; or
iii: some other cause or circumstance outside the defendant's control; and
b: the defendant took all reasonable precautions and exercised due diligence to avoid—
i: the commission of the particular offence; or
ii: the commission of offences of the same kind.
7: The defences in subsections (4) to (6) are available only if the defendant—
a: prepares a written notice for the prosecutor that—
i: states the defendant's intention to rely on the defence; and
ii: includes the facts that support the defence; and
b: gives the notice to the prosecutor—
i: at least 15 working days before the hearing date; or
ii: within another time that the court allows. Penalty: section 157(5)
8: The penalty for the offence is in section 157(5) Section 154M inserted 18 September 2012 section 66 Biosecurity Law Reform Act 2012
154N: Section 154N offences
Rules for section 154N offences
1: The offences in this section are strict liability offences.
2: The prosecution is not required to prove that the defendant intended to commit an offence.
3: The defendant has a defence if the defendant proves that—
a: the action or event to which the prosecution relates was due to—
i: the act or omission of another person; or
ii: an accident; or
iii: some other cause or circumstance outside the defendant's control; and
b: the defendant took all reasonable precautions and exercised due diligence to avoid—
i: the commission of the particular offence; or
ii: the commission of offences of the same kind.
4: The defendant also has a defence if the defendant proves that—
a: the defendant's action was necessary for the purpose of—
i: saving or protecting life or health; or
ii: preventing serious damage to property; or
iii: avoiding an actual or likely adverse effect on a natural and physical resource or human health; and
b: the defendant's action was reasonable in all the circumstances; and
c: the defendant took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the action after it occurred.
5: The defences in subsections (3) and (4) are available only if the defendant—
a: prepares a written notice for the prosecutor that—
i: states the defendant's intention to rely on the defence; and
ii: includes the facts that support the defence; and
b: gives the notice to the prosecutor—
i: at least 15 working days before the hearing date; or
ii: within another time that the court allows. Penalty: section 157(3)
6: A person commits an offence against this Act who fails to comply with any of sections 16A 18 19 25 29(1) 30(2) 35(1), (3), (5), and (7) 35A 40(6) 51(1) 121B(2)
7: A person commits an offence against this Act who fails to comply with a condition imposed under section 27A 29(2) Penalty: section 157(4)
8: A person commits an offence against this Act who fails to comply with section 134(1)(b) or (1A)
9: A person commits an offence against this Act who fails to comply with a reasonable requirement made of him or her in accordance with and for the purposes of this Act by—
a: an official; or
b: an automated electronic system.
10: A person commits an offence against this Act who fails to comply with a reasonable direction given to him or her in accordance with and for the purposes of this Act by—
a: an official; or
b: an automated electronic system.
11: A person commits an offence against this Act who fails to comply with a compliance order. Penalty: section 157(5)
12: A person commits an offence against this Act who fails to comply with—
a: any of sections 17 17A 34 36 51(3) 121(2) 121A(3) 132(9) 141D(5)
b: a requirement imposed under section 100Q(2)(a) 100ZG(2)(a)
c: regulations made under section 165(1) or (2)
13: A person commits an offence against this Act who provides false information, if an import health standard requires the person to provide information.
14: A person commits an offence against this Act who—
a: fails to make the declaration required by section 24J(b) 24K(8)(b)
b: makes a false declaration under section 24J 24K
15: A person commits an offence against this Act who fails to keep statements, accounts, or records of leviable activity carried on by the person sufficient to satisfy the requirements of an order made under any of sections 100L 100ZB 137 140AA
16: A person commits an offence against this Act who fails to maintain statements, accounts, or records of leviable activity carried on by the person to a sufficient standard to satisfy the requirements of an order made under any of sections 100L 100ZB 137 140AA
17: A person commits an offence against this Act in the following circumstances:
a: the person operates or purports to operate a transitional facility or a containment facility; and
b: the person—
i: is not approved as the facility operator of the facility; or
ii: has had the person's approval as the facility operator of the facility suspended; or
iii: operates or purports to operate a facility that does not have a facility approval; or
iv: operates or purports to operate a facility that has had its facility approval suspended; or
v: does not comply with the operating standards for the facility.
18: A person commits an offence against this Act who fails to comply with a rule in a national pest management plan or a national pathway management plan that specifies that a contravention of the rule creates an offence against this Act.
19: A person commits an offence against this Act who fails to comply with a rule in a regional pest management plan or a regional pathway management plan that specifies that a contravention of the rule creates an offence against this Act.
20: A person commits an offence against this Act who—
a: is in a biosecurity control area; and
b: is asked a question by an inspector or an automated electronic system for the purpose of the inspector or the system ascertaining the presence, nature, origin, or itinerary of risk goods; and
c: fails—
i: to answer the question within a reasonable time of its being asked; or
ii: to answer the question completely within a reasonable time of its being asked. Penalty: section 157(7)
21: A person commits an offence against this Act who erroneously declares that he or she is not in possession of any or all of the goods specified in a declaration that the person is required to make about the goods. Section 154N inserted 18 September 2012 section 66 Biosecurity Law Reform Act 2012 Section 154N(12)(a) amended 24 June 2014 section 11 Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 Section 154N(15) amended 28 May 2015 section 10 Biosecurity Amendment Act (No 2) 2015 Section 154N(16) amended 28 May 2015 section 10 Biosecurity Amendment Act (No 2) 2015
154NA: Section 154NA offence relating to failure to update information supplied in advance
Application
1: This section applies to a person, and to information that the person supplies to the Director-General, the Ministry, or an official, if—
a: the person supplies the information for the purposes of an enactment in or made under this Act, and before the deadline prescribed by or under this Act for doing so; and
b: the information becomes erroneous, or misleading in a material particular, after it is supplied but before that deadline and before the person is notified of any decision made in response to the information. Penalty: section 157(8) and (9)
2: The person commits an offence against this Act if the person—
a: knows, or ought reasonably to know, that the information has become erroneous or misleading in a material particular; and
b: fails to take all reasonable steps to supply to the Director-General, the Ministry, or an official, as soon as is reasonably practicable, replacement information that is not erroneous, or misleading in a material particular. Section 154NA inserted 24 June 2014 section 12 Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014
154O: Section 154O offences
Penalty: section 157(1)
1: A person commits an offence against this Act who fails to comply with any of sections 46 52 53 134(1)(a)
2: A person commits an offence against this Act who threatens, assaults, or intentionally obstructs or hinders an official exercising a power or carrying out a function or duty under a law.
3: A person commits an offence against this Act who intentionally obstructs or hinders an automated electronic system doing an action under section 142F(2)
4: A person commits an offence against this Act who knowingly damages or impairs an automated electronic system.
5: A person commits an offence against this Act who, in connection with the purposes of this Act, makes a statement or gives information that the person knows to be false or misleading in a material particular to—
a: an official; or
b: an automated electronic system.
6: A person commits an offence against this Act who wilfully withholds relevant information that the person is required by law to provide in connection with the purposes of this Act from—
a: an official; or
b: an automated electronic system.
7: A person commits an offence against this Act who, in connection with the purposes of this Act,—
a: knowingly makes a return that the person is required by law to make that is false or misleading in a material particular; or
b: knowingly makes a declaration that the person is required by law to make that is false or misleading in a material particular; or
c: knowingly gives a certificate that the person is required by law to give that is false or misleading in a material particular.
8: A person commits an offence against this Act who personates or falsely represents himself or herself to be—
a: an official; or
b: any other person authorised to exercise a power or carry out a function or duty under law.
9: A person commits an offence against this Act who buys, sells, exchanges, or otherwise acquires or disposes of unauthorised goods—
a: knowing that they are unauthorised goods; or
b: knowing that they may be unauthorised goods and reckless as to whether they are or not.
10: A person commits an offence against this Act who, knowing that goods are risk goods that have been seized by, or are otherwise under the control of, an inspector, an authorised person, or an automated electronic system,—
a: alters the condition of the goods without the permission of an inspector, an authorised person, or an automated electronic system; or
b: alters the condition of the goods with the permission of an inspector, an authorised person, or an automated electronic system but not in the manner required by the permission; or
c: unpacks or repacks the goods without the permission of an inspector, an authorised person, or an automated electronic system; or
d: unpacks or repacks the goods with the permission of an inspector, an authorised person, or an automated electronic system but not in the manner required by the permission.
11: A person commits an offence against this Act in the following circumstances:
a: risk goods have been seized by, or are otherwise under the control of, an inspector, an authorised person, or an automated electronic system; and
b: the goods are stored in a place where the inspector, authorised person, or automated electronic system has directed that they should be stored; and
c: the person knows the facts in paragraphs (a) and (b); and
d: the person removes the goods from the place—
i: without the permission of an inspector, an authorised person, or an automated electronic system; or
ii: with the permission of an inspector, an authorised person, or an automated electronic system but not in the manner required by the permission.
12: A person commits an offence against this Act in the following circumstances:
a: risk goods have been seized under this Act; and
b: the person knows the fact in paragraph (a); and
c: the person takes or carries away the goods or otherwise converts them to his or her own use without the permission of an inspector, an authorised person, or an automated electronic system.
13: A person commits an offence against this Act in the following circumstances:
a: a direction has been given under this Act that the carcass of an organism or risk goods be buried; and
b: the direction has been complied with; and
c: the person knows the facts in paragraphs (a) and (b); and
d: the person exhumes the carcass of the organism or risk goods without the permission of an inspector, an authorised person, or an automated electronic system.
14: A person commits an offence against this Act in the following circumstances:
a: a notice about a place is in force under section 130(1)
b: the person knows the fact in paragraph (a); and
c: the person—
i: removes an organism, organic material, or risk goods from the place; or
ii: removes from the place any goods that have, while in the place, been in contact with an organism, organic material, or risk goods; or
iii: introduces goods into the place; or
iv: removes, alters, or defaces the identification that an inspector, an authorised person, or an automated electronic system has directed be used to identify an organism, risk goods, or other goods in the place; and
d: the person does the action described in paragraph (c) without the permission of an inspector, an authorised person, or an automated electronic system. Penalty: section 157(2)
15: A person commits an offence against this Act who has unauthorised goods in his or her possession or control, knowing that they are unauthorised goods. Penalty: section 157(3)
16: A person commits an offence against this Act who fails to comply with section 41(5)
17: A person commits an offence against this Act who fails to comply with section 51(2)
18: A person commits an offence against this Act who knowingly fails to comply with a provision of this Act relating to the holding of levy money in trust accounts. Penalty: section 157(5)
19: A person commits an offence against this Act who fails to comply with section 37C(2) or (3)
20: A person commits an offence against this Act who fails to inform the ministry, as soon as practicable in the circumstances, of the presence of what appears to be an organism not normally seen or otherwise detected in New Zealand, as required by section 44
21: A person commits an offence against this Act who—
a: is in a biosecurity control area; and
b: is asked a question by an inspector or an automated electronic system for the purpose of the inspector or the system ascertaining the presence, nature, origin, or itinerary of risk goods; and
c: wilfully gives a false or misleading answer. Section 154O inserted 18 September 2012 section 66 Biosecurity Law Reform Act 2012
155: Proof of permission, etc
Where it is proved in any proceeding under this Act or the regulations that a person has done or omitted to do any act and such person would commit an offence or be liable for a debt or damages unless the act was done or omitted with the permission of a Minister, the Director-General, a chief technical officer, a management agency, or an inspector or authorised person 1967 No 50 s 105 Section 155 amended 26 November 1997 section 102 Biosecurity Amendment Act 1997
156: Liability of principals and agents
1: If an offence is committed against any of the provisions of this Act by any person acting as the agent or employee of another person, that other person shall, without prejudice to the liability of the first-mentioned person, be liable under this Act, in the same manner and to the same extent as if he or she had personally committed the offence, if it is proved that the act that constituted the offence took place with his or her authority, permission, or consent, or that he or she knew the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.
2: Where any body corporate is convicted of an offence against this Act, every person, being a director or a person concerned in the management of the body corporate, shall be guilty of the same offence if it is proved that the act that constituted the offence took place with that person's authority, permission, or consent, or that the person knew the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.
157: Penalties
1: Every person who commits an offence against any of section 154O(1) to (15)
a: in the case of an individual person, to imprisonment for a term not exceeding 5 years, a fine not exceeding $100,000, or both:
b: in the case of a corporation, to a fine not exceeding $200,000.
2: Every person who attempts to commit an offence against section 154O(15)
a: in the case of an individual person, to imprisonment for a term not exceeding 5 years, a fine not exceeding $100,000, or both:
b: in the case of a corporation, to a fine not exceeding $200,000.
3: Every person who commits an offence against any of section 154N(6) or (7) 154O(16) to (18)
a: in the case of an individual person, to imprisonment for a term not exceeding 12 months, a fine not exceeding $50,000, or both:
b: in the case of a corporation, to a fine not exceeding $100,000.
4: Every person who commits an offence against section 154N(8) to (11)
a: in the case of an individual person, to imprisonment for a term not exceeding 3 months, a fine not exceeding $50,000, or both:
b: in the case of a corporation, to a fine not exceeding $100,000.
5: Every person who commits an offence against any of section 154M 154N(12) to (20) 154O(19) to (21)
a: in the case of an individual person, to a fine not exceeding $5,000:
b: in the case of a corporation, to a fine not exceeding $15,000.
6: Every person who commits an offence against any regulations made under this Act is liable on
a: in the case of an individual person, to a fine not exceeding $5,000:
b: in the case of a corporation, to a fine not exceeding $15,000.
7: Every person who commits an offence against section 154N(21) $1,000
8: Every person who commits an offence against section 154NA(2)
a: in the case of an individual, to a fine not exceeding $1,000; or
b: in the case of a body corporate, to a fine not exceeding $5,000.
9: Every person who commits an offence against section 154NA(2)
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $10,000; or
b: in the case of a body corporate, to a fine not exceeding $50,000. Section 157 replaced 26 November 1997 section 103 Biosecurity Amendment Act 1997 Section 157(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 157(1) amended 18 September 2012 section 67(1) Biosecurity Law Reform Act 2012 Section 157(2) amended 18 September 2012 section 67(2) Biosecurity Law Reform Act 2012 Section 157(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 157(3) amended 18 September 2012 section 67(3) Biosecurity Law Reform Act 2012 Section 157(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 157(4) amended 18 September 2012 section 67(4) Biosecurity Law Reform Act 2012 Section 157(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 157(5) amended 18 September 2012 section 67(5) Biosecurity Law Reform Act 2012 Section 157(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 157(7) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 157(7) amended 18 September 2012 section 67(6) Biosecurity Law Reform Act 2012 Section 157(7) amended 22 April 2010 section 5 Biosecurity Amendment Act 2009 Section 157(8) inserted 24 June 2014 section 13 Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 Section 157(9) inserted 24 June 2014 section 13 Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014
158: Fines to be paid to management agency instituting prosecution
Section 158 repealed 18 September 2012 section 68 Biosecurity Law Reform Act 2012
159: Proceedings for infringement offences
other than border infringement offences
1: This section does not apply to border infringement offences.
1A: This section applies when—
a: an inspector has reason to believe that a defendant has committed an infringement offence:
b: an authorised person has reason to believe that a defendant has committed an infringement offence that the authorised person may deal with within his or her terms of appointment under section 103(1)(b), (2), or (3)
1B: Proceedings may be taken against the defendant by filing a charging document under section 14
1C: Alternatively, the inspector or the authorised person may issue an infringement notice to the defendant. In that case,—
a: proceedings for the offence may be commenced in accordance with section 21
b: section 21
2: Any inspector (not necessarily the inspector who issued the notice) , the authorised person (the authorised person who issued the notice), or an authorised person appointed by the same appointer as appointed the authorised person who issued the notice
a: may deliver it (or a copy of it) to the defendant personally; or
b: may send it (or a copy of it) to the defendant by post addressed to the defendant's last known place of residence or business; and in that case
3: Every infringement notice shall be in a form prescribed by regulations made under this Act; and shall specify—
a: sufficient details to inform the defendant fairly of the time, place, and nature of the offence alleged; and
b: the amount of the infringement fee for the offence; and
c: where the fee may be paid; and
d: the time within which the fee may be paid; and
e: a summary of the provisions of section 21(10)
f: that the defendant has the right to request a hearing; and
g: a statement of what will happen if the defendant neither pays the fee nor requests a hearing; and
h: any other matters prescribed in that behalf. Section 159 heading replaced 22 April 2010 section 6(1) Biosecurity Amendment Act 2009 Section 159 heading amended 18 September 2012 section 69(1) Biosecurity Law Reform Act 2012 Section 159(1) replaced 18 September 2012 section 69(2) Biosecurity Law Reform Act 2012 Section 159(1A) inserted 18 September 2012 section 69(2) Biosecurity Law Reform Act 2012 Section 159(1B) inserted 18 September 2012 section 69(2) Biosecurity Law Reform Act 2012 Section 159(1B) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 159(1C) inserted 18 September 2012 section 69(2) Biosecurity Law Reform Act 2012 Section 159(2) amended 18 September 2012 section 69(3) Biosecurity Law Reform Act 2012 Section 159(2)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 159(3)(b) replaced 22 April 2010 section 6(3) Biosecurity Amendment Act 2009
159A: Accelerated infringement notice procedure for border infringement offences
1: This section applies when an inspector has reason to believe that a defendant has committed a border infringement offence.
1A: Proceedings may be taken against the defendant by filing a charging document under section 14
1B: Alternatively, the inspector may issue an infringement notice to the defendant. In that case,—
a: proceedings for the offence may be commenced in accordance with section 21
b: section 21
2: Any employee of the Ministry (not necessarily the inspector who issued the notice)—
a: may deliver an infringement notice (or a copy of it) to the defendant personally; or
b: may send it (or a copy of it) to the defendant by post addressed to the defendant's last known place of residence or business.
3: For the purposes of subsection (6), an infringement notice sent to a person by post is deemed to have been served on the defendant when it was posted.
4: An infringement notice under this section must be in the prescribed form, and must specify—
a: sufficient details to inform the defendant fairly of the time, place, and nature of the offence alleged; and
b: the amount of the infringement fee for the offence; and
c: where the fee may be paid; and
d: the time within which the fee may be paid; and
e: how and where payment may be made under subsection (5); and
f: a summary of how the provisions of section 21(10)
g: that the defendant has a right to request a hearing; and
h: a statement of the consequences if the defendant neither pays the fee nor requests a hearing; and
i: such other particulars as are prescribed by regulations made under this Act.
5: If the infringement notice is served by delivering it to a person at a port approved under section 37 section 37A
6: The Ministry may provide particulars of an infringement notice in accordance with section 21(4) and (4A)
a: the infringement fee for the offence has not by then been paid to the Ministry at the address specified in the notice (or immediately under subsection (5)); and
b: the Ministry has not by then received at that address a notice requesting a hearing in respect of that offence.
7: If an infringement notice has been issued and served under this section, the Summary Proceedings Act 1957 section 21(2)
a: the reference in section 21(1)(b)
b: subsection (6) were in the place of section 21(3)
c: the reference in section 21(3A)
d: every reference in section 21(4), (4A), and (4B)
e: the reference in section 21(4)(a)
f: the reference in section 21(4C)
g: the reference in section 21(4C)
h: the reference in section 21(5)
i: the reference in section 21(6)(b)
j: each reference in section 21A section 78B
k: the references to reminder notices in the definition of defendant in section 2(1) section 212
8:
9: Despite section 203(1) Section 159A inserted 7 May 1999 section 4 Biosecurity Amendment Act 1999 Section 159A heading replaced 22 April 2010 section 7(1) Biosecurity Amendment Act 2009 Section 159A(1) replaced 18 September 2012 section 70 Biosecurity Law Reform Act 2012 Section 159A(1A) inserted 18 September 2012 section 70 Biosecurity Law Reform Act 2012 Section 159A(1A) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 159A(1B) inserted 18 September 2012 section 70 Biosecurity Law Reform Act 2012 Section 159A(4)(b) replaced 22 April 2010 section 7(3) Biosecurity Amendment Act 2009 Section 159A(6) replaced 1 March 2007 section 31 Summary Proceedings Amendment Act 2006 Section 159A(7) replaced 1 March 2007 section 31 Summary Proceedings Amendment Act 2006 Section 159A(8) repealed 1 March 2007 section 31 Summary Proceedings Amendment Act 2006
160: Who gets payments of fines, fees, and pecuniary penalties
Fine: prosecution by Ministry
1: Subsection (2) applies when—
a: a person is convicted of an offence under this Act; and
b: the court imposes a fine; and
c: the charging document for the offence was filed
2: If the court considers that the act or omission that constituted the offence was a material cause of a need to undertake a response activity, the court must order that all or part of the fine be paid to the departmental bank account of the Ministry. Fine: prosecution by management agency
3: Subsections (4) and (5) apply when—
a: a person is convicted of an offence under this Act; and
b: the court imposes a fine; and
c: the charging document for the offence was filed
4: The court must—
a: order that the fine be paid to the management agency; and
b: state in the order the amount of the fine that is compensation for loss or damage, if any of it is.
5: The registrar receiving the fine must credit 10% of the part of it that is not compensation for loss or damage to the Crown Bank Account. Infringement fee
6: Infringement fees received under section 159
a: if the infringement notice was issued by an inspector, to the Crown Bank Account:
b: if the infringement notice was issued by an authorised person on behalf of a management agency, to the management agency:
c: if the infringement notice was issued by an authorised person on behalf of a regional council, to the regional council.
7: Infringement fees received under section 159A Pecuniary penalty
8: Subsection (9) applies when the court makes a pecuniary penalty order.
9: If the court considers that the failure to comply for which the court imposed the order was a material cause of a need to undertake a response activity, the court must order that all or part of the pecuniary penalty be paid to the departmental bank account of the Ministry. Registrar's authority
10: This section provides sufficient authority for a registrar receiving a fine, fee, or pecuniary penalty to which this section applies to deal with it in the manner required by this section. Ministry's use of amount paid to it
11: The Ministry must use the amount paid to its bank account under subsection (2) or (9) in meeting the costs of undertaking the response activity. Definition for this section
12: In this section, response activity section 100Y(3) Section 160 replaced 18 September 2012 section 71 Biosecurity Law Reform Act 2012 Section 160(1)(c) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 160(3)(c) amended 1 July 2013 section 413 Criminal Procedure Act 2011
160A: Procedure for certain declaration offences
Section 160A repealed 7 May 1999 section 4 Biosecurity Amendment Act 1999
161: Evidence in proceedings
1: In any proceedings for an offence against this Act or against any regulations made under this Act, a certificate that complies with subsection (4) and to which subsection (2) applies—
a: is admissible in evidence; and
b: is, in the absence of proof to the contrary, sufficient evidence of the matters stated in it.
2: This section applies to any certificate of 1 or more of the following kinds:
a: a certificate purporting to be signed by the principal officer of a regional council stating that a document attached to the certificate is—
i: a regional pest management plan or a regional pathway management plan
ii: an amendment to such a plan
b: a certificate purporting to be signed by the Director-General stating that a person specified in the certificate is—
i: a chief technical officer appointed under section 101(1)
ii: a deputy chief technical officer appointed under section 102
c: a certificate purporting to be signed by the chief executive of a department stating that a person specified in the certificate is—
i: a chief technical officer appointed under section 101(2)
ii: a deputy chief technical officer appointed under section 102
d: a certificate purporting to be signed by a chief technical officer appointed under section 101(1)
i: an inspector or authorised person appointed section 103(1)(a)
ii: an authorised person appointed section 103(1)(b) plan or national pathway management plan the certificate; or
iii: a person accredited for a particular function under section 103(7)
e: a certificate purporting to be signed by a chief technical officer appointed under section 101(2)
i: an inspector or authorised person appointed section 103(2)(a)
ii: an authorised person appointed section 103(2)(b) plan or national pathway management plan the certificate; or
iii: a person accredited for a particular function under section 103(7)
f: a certificate purporting to be signed by the principal officer of a regional council stating that a person specified in the certificate is—
i: an authorised person appointed under section 103(3)
ii: a person accredited for a particular function under section 103(7)
g: a certificate purporting to be signed by any person authorised by this Act, the Public Service Act 2020 Local Government Act 2002
i: the person has delegated the exercise or performance of the power or function under this Act specified in the certificate to the person specified in the certificate; or
ii: the person has delegated the exercise or performance of the power or function under this Act specified in the certificate to people of a kind or description specified in the certificate, and that a person specified in the certificate is a person of that kind or description:
h: a certificate purporting to be signed by the Director-General stating that a place specified in the certificate is—
i: a biosecurity control area; or
ii: a transitional facility approved for use or uses specified in the certificate; or
iii: a containment facility:
i: a certificate purporting to be signed by a chief technical officer or the chief executive of a management agency stating that—
i: an area specified in the certificate is an area controlled for the purposes of section 131
ii: the movement into, within, or from the controlled area of the organisms, organic material, risk goods, or other goods specified in the certificate is restricted, regulated, or prohibited, in the manner, to the extent, and subject to the conditions specified in the certificate; and
iii: the organisms, organic material, risk goods, or other goods specified in the certificate are subject to the treatment and procedures specified in the certificate:
j: a certificate purporting to be signed by the Director-General stating that an action was done by an automated electronic system.
3: The production of a document purporting to be a certificate to which subsection (2) applies is prima facie evidence that it is such a certificate, without proof of the signature of the person purporting to have signed it.
4: A certificate to which subsection (2) applies is not admissible in evidence unless—
a: at least 14 days before the hearing at which the certificate is to be tendered, a copy 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 as a witness at the hearing; and
b: the court has not, on the application of the defendant made not less than 7 days before the hearing, ordered, not less than 4 days before the hearing (or such lesser period as the court in the special circumstances of the case thinks fit), that the certificate should not be admissible as evidence in the proceedings.
5: The court must not make an order under subsection (4)(b) unless it is satisfied that there is a reasonable doubt as to the accuracy or validity of a certificate. Section 161 replaced 26 November 1997 section 105 Biosecurity Amendment Act 1997 Section 161(2)(a)(i) amended 18 September 2012 section 72(1) Biosecurity Law Reform Act 2012 Section 161(2)(a)(ii) amended 18 September 2012 section 72(2) Biosecurity Law Reform Act 2012 Section 161(2)(d)(i) amended 26 March 2015 section 8(1) Biosecurity Amendment Act 2015 Section 161(2)(d)(ii) amended 26 March 2015 section 8(1) Biosecurity Amendment Act 2015 Section 161(2)(d)(ii) amended 26 March 2015 section 8(2) Biosecurity Amendment Act 2015 Section 161(2)(d)(ii) amended 18 September 2012 section 72(3) Biosecurity Law Reform Act 2012 Section 161(2)(d)(iii) inserted 26 March 2015 section 8(3) Biosecurity Amendment Act 2015 Section 161(2)(e)(i) amended 26 March 2015 section 8(1) Biosecurity Amendment Act 2015 Section 161(2)(e)(ii) amended 26 March 2015 section 8(1) Biosecurity Amendment Act 2015 Section 161(2)(e)(ii) amended 26 March 2015 section 8(4) Biosecurity Amendment Act 2015 Section 161(2)(e)(ii) amended 18 September 2012 section 72(4) Biosecurity Law Reform Act 2012 Section 161(2)(e)(iii) inserted 26 March 2015 section 8(5) Biosecurity Amendment Act 2015 Section 161(2)(f) replaced 26 March 2015 section 8(6) Biosecurity Amendment Act 2015 Section 161(2)(g) amended 7 August 2020 section 135 Public Service Act 2020 Section 161(2)(g) amended 1 July 2003 section 262 Local Government Act 2002 Section 161(2)(j) inserted 18 September 2012 section 72(6) Biosecurity Law Reform Act 2012
162: Time for filing charging document for certain offences
1: This section applies to—
a: an offence against any of sections 154M 154N(8) to (21) 154O(19) to (21)
b: an offence against any regulations made under this Act.
2: The limitation period for the offence ends on the date that is 2 years after the date on which the offence was committed.
3: Section 25 Section 162 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
8A: Exclusive economic zone
Part 8A inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AA: Definitions for this Part
1: In this Part, exclusive economic zone EEZ section 9
2: In this Part, and in provisions modified by this Part, arrive in the EEZ Section 162AA inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AB: Application of Act in EEZ
1: The provisions of this Act apply in the EEZ—
a: to the extent to which they are relevant; and
b: to the extent to which their language permits; and
c: with the modifications made by this Part.
2: A modification made by this Part to a provision also applies to—
a: regulations for which the modified provision is the parent provision; and
b: instruments under this Act that apply generally for which the modified provision is the parent provision.
3: A provision in this Act that applies in the EEZ must be interpreted in a way that preserves the rights of other states, including the freedoms of navigation and overflight, as set out in the United Nations Convention on the Law of the Sea of 10 December 1982. Section 162AB inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AC: Application of Act to fish and mammals taken in EEZ
1: Fish and marine mammals taken in the EEZ and carried on board a foreign licensed vessel, a vessel registered under the Fisheries Act 1996
2: In subsection (1),— fish section 2 marine mammal section 2 Section 162AC inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AD: Interpretation
The definition of craft section 2 is imported by arrives in the EEZ after Section 162AD inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AE: Purpose of Part 3
Section 16 craft that arrive in the EEZ Section 162AE inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AF: Notice of intended arrival of craft in EEZ
1: Section 17 New Zealand New Zealand territory the EEZ
2: Section 17 approved port port or destination approximate location
3: Section 17(2), (6)(b)(ii), (7), (9)(c)(ii), and (10) Section 162AF inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AG: Arrival of craft in EEZ
1: Section 18(1) craft that arrives at a place in New Zealand craft that arrives in the EEZ
2: Section 18(1)(a)(ii) port or destination approximate location
3: Section 18(3) or the EEZ New Zealand waters Section 162AG inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AH: Persons in charge of certain craft to obey directions of inspector or authorised person
1: Section 19 New Zealand the EEZ
2: Section 19(2)(a)(ii) or the disembarkation of crew or passengers from the craft
3: Section 19(2)(c) cargo, crew, passengers, stores, or Section 162AH inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AI: Boarding of craft
Section 31 any craft, used for the transportation of people or goods, or both, by sea, that is within the EEZ for the purposes of exploring or exploiting resources in the EEZ, or in preparation or support for such a purpose, after a voyage originating beyond the outer limits of the EEZ— Section 162AI inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AJ: Powers relating to craft
1: Section 32(1) or the EEZ for the purpose of exploring or exploiting resources in the EEZ, or in preparation or support for such a purpose, after a voyage originating beyond the outer limits of the EEZ New Zealand territory
2: Section 32(1)(a) or the EEZ New Zealand territory
3: Section 32(1)(b) New Zealand territory the EEZ, but only if there is no feasible alternative to managing the biosecurity risks posed by the craft and if the movement directed is only to the extent reasonably necessary to manage the biosecurity risks posed by the craft Section 162AJ inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AK: Risk goods on board craft
1: Section 33(1) or that has arrived in the EEZ New Zealand territory
2: Section 33(1)(a) or the EEZ New Zealand territory
3: Section 33(1)(b) move the craft outside New Zealand territory or the EEZ or move the craft into New Zealand territory from the EEZ (immediately, or within a period specified by the inspector), but only if there is no feasible alternative to managing the biosecurity risks posed by the craft and if the movement directed is only to the extent reasonably necessary to manage the biosecurity risks posed by the craft; or
4: Section 33(2)(a) or the EEZ New Zealand territory Section 162AK inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AL: Duty to provide information
Section 43(1)(a) or the EEZ New Zealand Section 162AL inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AM: General duty to inform
Section 44(1) or the EEZ New Zealand Section 162AM inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AN: Duty to report notifiable organisms
Section 46(1)(a) or the EEZ New Zealand Section 162AN inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AO: Second step: satisfaction on requirements
Section 62(d) or the EEZ New Zealand Section 162AO inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AP: Fourth step: approval of preparation of plan and decision on management agency
Section 64(6)(c) or the EEZ New Zealand Section 162AP inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AQ: Second step: satisfaction on requirements
Section 82(d) or the EEZ New Zealand Section 162AQ inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AR: Fourth step: approval of preparation of plan and decision on management agency
Section 84(6)(c) or the EEZ New Zealand Section 162AR inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AS: Definitions for Part 5A
Section 100Y New Zealand the EEZ Section 162AS inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AT: Declaration of controlled area
Section 131(2) (which may be the whole or any specified part or parts of New Zealand) (which may be any specified part or parts of the EEZ) Section 162AT inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AU: Declaration of biosecurity emergency
Section 144(1) or the EEZ New Zealand Section 162AU inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AV: Emergency powers
Section 145(2) anywhere in New Zealand anywhere in New Zealand or the EEZ Section 162AV inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AW: Provisional control action
Section 152(1) or the EEZ New Zealand Section 162AW inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
162AX: General provisions as to regulations
Section 166(1) or the EEZ New Zealand Section 162AX inserted 18 September 2012 section 73 Biosecurity Law Reform Act 2012
9: Miscellaneous provisions
162A: Compensation
1: This section applies when—
a: powers under this Act are exercised for the purpose of eradicating or managing an organism; and
b: the powers are not exercised to implement a pest management plan or pathway management plan; and
c: the exercise of the powers causes loss to a person as a result of—
i: damage to or destruction of the person's property; or
ii: restrictions imposed under Part 6 7
d: there is no agreement under Part 5A
2: The person is entitled to compensation under this section for loss that—
a: is verifiable; and
b: is loss that the person has been unable to mitigate by taking every step that is reasonable in the circumstances.
3: Compensation must not be paid if—
a: the person's loss relates to unauthorised goods or uncleared goods; or
b: the person suffered the loss before the time at which the exercise of the powers began; or
c: the person failed to comply with biosecurity law—
i: in a serious or significant way; or
ii: in a way that contributed to the presence of the organism; or
iii: in a way that contributed to the spread of the organism.
4: The amount of compensation paid must put the person to whom it is paid in no better or worse position than a person whose property or goods are not directly affected by the exercise of the powers.
5: The period for making a claim for compensation after the date on which the loss suffered by the person ought reasonably to have been verifiable is—
a: within 1 year from the date; or
b: after 1 year from the date, if the person was unable to make a claim within 1 year because of circumstances beyond the person's control.
6: If there is a dispute about eligibility for, or the amount of, compensation,—
a: the dispute must be submitted to arbitration; and
b: the arbitration must be conducted under the Arbitration Act 1996
7: Compensation payable by a Minister or a chief executive is payable from money appropriated by Parliament for the purpose. Section 162A replaced 18 September 2012 section 74 Biosecurity Law Reform Act 2012
163: Protection of inspectors and others
An inspector, authorised person, accredited person, or other person who does any act or omits to do any act in pursuance of any of the functions, powers, or duties conferred on that person by or under this Act or a pest management plan or a pathway management plan 1967 No 50 s 10 1970 No 151 s 23 1978 No 15 s 45 1982 No 42 s 82 Section 163 amended 18 September 2012 section 75 Biosecurity Law Reform Act 2012
164: Liability for goods
The Crown shall not be under any civil liability in respect of any loss or damage to any goods suffered—
a: while those goods are in the custody of the Crown by reason of the exercise, in good faith and with reasonable care, of authority under this Act; or
b: as a result of or in the course of any treatment, handling, or quarantine of those goods undertaken or required in good faith and with reasonable care by an inspector or any other person acting in the exercise of authority under this Act. 1967 No 50 s 10
164A: Procedure for giving directions or making requirements
1: A direction may be given or a requirement made under this Act by a written notice delivered—
a: to a natural person,—
i: by delivering the notice to the person; or
ii: by delivering the notice to the person's usual or last known place of residence or business; or
iii: by sending the notice by pre-paid post to the person at the usual or last known place of residence or business of the person; or
iv: by sending the notice by fax or email to the person's fax number or email address
b: to a body (whether incorporated or not),—
i: by delivering the notice to an officer of the body; or
ii: by delivering the notice to the usual or last known place of residence or business of an officer of the body; or
iii: by sending the notice by pre-paid post to an officer of the body at the usual or last known place of residence or business of that person; or
iv: by delivery of the notice to the registered office of the body; or
v: by sending the notice by pre-paid post addressed to the body at the registered office of the body; or
vi: by sending the notice by fax or email to the fax number or email address of the body's registered office
c: to a partnership,—
i: by delivering the notice to any one of the partners; or
ii: by delivering the notice to the usual or last known place of residence or business of any one of the partners; or
iii: by sending the notice by pre-paid post to any one of the partners at the usual or last known place of residence or business of that person; or
iv: by delivery of the notice to the usual or last known place of business of the partnership; or
v: by sending the notice by pre-paid post addressed to the usual or last known place of business of the partnership; or
vi: by sending the notice by fax or email to the partnership's fax number or email address
d: to a Minister of the Crown,—
i: by personal delivery to the chief executive of the appropriate department; or
ii: by delivery to the head office of the appropriate department; or
iii: by sending the notice by pre-paid post addressed to the head office of the appropriate department; or
iv: by sending the notice by fax or email to the fax number or email address of the head office of the appropriate department
2: Where reasonable attempts have been made to find the occupier of a place and no occupier can be found, a written notice under this section may be delivered to the occupier of that place by affixing the notice in some conspicuous location in or on the place.
3: Where a written notice is delivered in accordance with this section by post, the direction or requirement contained in the notice is deemed to be given or made at the time at which the notice would have been delivered in the ordinary course of the post in the absence of evidence to the contrary. Section 164A inserted 26 November 1997 section 107 Biosecurity Amendment Act 1997 Section 164A(1)(a)(iv) amended 18 September 2012 section 76(1) Biosecurity Law Reform Act 2012 Section 164A(1)(b)(vi) amended 18 September 2012 section 76(2) Biosecurity Law Reform Act 2012 Section 164A(1)(c)(vi) amended 18 September 2012 section 76(3) Biosecurity Law Reform Act 2012 Section 164A(1)(d)(iv) amended 18 September 2012 section 76(4) Biosecurity Law Reform Act 2012
164B: Application of section 164A
Section 164A
a: may, if the provisions of that section are consistent with a procedure specified in this Act for giving a direction or making a requirement, apply in addition to that procedure:
b: may apply where this Act does not specify any procedure for giving any direction or making any requirement:
c: does not require any direction to be given or requirement to be made in accordance with that section. Section 164B inserted 26 November 1997 section 107 Biosecurity Amendment Act 1997
164C: Registration of unwanted organisms
1: Where a chief technical officer has formed the belief that makes an organism an unwanted organism, that chief technical officer must notify the Director-General that the organism is an unwanted organism.
2: The Director-General must keep a register of all organisms notified to the Director-General in accordance with subsection (1).
3: The register must be available for public information and inspection at the office of the Director-General during normal office hours.
4: Where a chief technical officer fails to notify the Director-General in accordance with this section, that failure does not invalidate the chief technical officer's belief that makes the organism an unwanted organism. Section 164C inserted 26 November 1997 section 108 Biosecurity Amendment Act 1997
164D: Consultation about regulations
1: Subsection (2) applies before the responsible Minister makes a recommendation for the purposes of section 165
2: The responsible Minister must consult the persons who the Minister has reason to believe are representative of interests likely to be substantially affected by the regulations, to the extent to which consultation is reasonably practicable having regard to the circumstances of the particular case. Section 164D inserted 18 September 2012 section 77 Biosecurity Law Reform Act 2012
165: Regulations
Part 3 matters
1: The Governor-General may from time to time, by Order in Council, make regulations for the purposes of section 17(11)
1A: The Governor-General may from time to time, by Order in Council, make regulations for the purposes of section 17A(2), (3), (7), and (9)
2: The Governor-General may from time to time, by Order in Council, make regulations on any or all of the following matters relating to the giving of notice of goods' intended arrival in New Zealand:
a: requiring that the notice be given to the Director-General:
b: specifying the class or description of importer who must give the notice:
c: specifying the class or description of goods of which notice must be given:
d: requiring that the notice contain any or all of the following information about the goods:
i: when and where, approximately, they will arrive in New Zealand:
ii: their nature:
iii: details of their journey, including their place of origin:
iv: the craft they are on:
v: the basis on which the importer believes that they are eligible to receive a biosecurity clearance under section 26
e: specifying the length of time before the goods arrive in New Zealand at which the notice must be given:
f: requiring importers giving notices—
i: to give different information about the matters depending on the class or description of the goods:
ii: to give the information at different times depending on the class or description of the goods:
g: providing for the Director-General to require the giving of the notice earlier than the times specified in the regulations if—
i: an emergency or an urgent situation has arisen; and
ii: the emergency or the urgent situation creates a risk of significant harm to human health, the environment, or the economy; and
iii: the earlier giving of the notice is necessary to avoid or mitigate the risk:
h: specifying the form and manner in which the notice must be given.
3: The Governor-General may from time to time, by Order in Council, make regulations on any or all of the following for the purpose of managing risks associated with goods after the goods have received a biosecurity clearance:
a: the class or description of goods to which the regulations apply:
b: the class or description of persons to whom the regulations apply:
c: the places or areas in New Zealand in which the regulations apply:
d: the use to which the goods must be put:
e: the restrictions or conditions on the use of the goods:
f: requirements when ownership or possession of the goods is transferred:
g: requirements to label the goods:
h: requirements to report on or monitor the goods:
i: requirements to keep records:
j: requirements to notify the Director-General of matters:
k: the duration of requirements in the regulations:
l: a system for auditing and verifying compliance with the requirements in the regulations:
m: any other matters reasonably necessary for the effective implementation of the requirements in the regulations.
4: The Governor-General may from time to time, by Order in Council, make regulations for the purposes of section 38 Part 5 matters
5: The Governor-General may from time to time, by Order in Council, make regulations setting out the process for assigning responsibility under section 55
a: what criteria the Minister must apply in assigning responsibility:
b: what kind of consultation the Minister must undertake:
c: how the Minister must communicate the Minister's decision to the decision-maker and the public.
6: The Governor-General may from time to time, by Order in Council, make regulations about proposals for pest management plans or pathway management plans, prescribing procedures on—
a: preparation:
b: notification:
c: consultation:
d: submissions:
e: hearings:
f: the protection of sensitive information.
7: The Governor-General may from time to time, by Order in Council, make regulations—
a: prescribing procedures to be followed and standards to be met by management agencies and persons acting on behalf of management agencies in implementing pest management plans or pathway management plans:
b: requiring reporting on the achievement of objectives in pest management plans or pathway management plans and on other aspects of performance relating to pest management plans or pathway management plans. Part 6 matters
8: The Governor-General may from time to time, by Order in Council, make regulations—
a: prescribing standards of technical competence, experience, and qualifications relating to—
i: the appointment of inspectors and authorised persons:
ii: the accreditation of accredited persons:
b: prescribing procedures relating to—
i: the appointment of inspectors and authorised persons:
ii: the accreditation of accredited persons.
9: The Governor-General may from time to time, by Order in Council, make regulations prescribing procedures to be followed and standards to be met by—
a: inspectors:
b: authorised persons:
c: persons involved in the handling of diseased or pestiferous organic material:
d: other persons involved in the exercise of a power or the carrying out of a function or duty under this Act.
10: The Governor-General may from time to time, by Order in Council, make regulations specifying audits for the purposes of section 105C(3)
11: The Governor-General may from time to time, by Order in Council, make regulations for the purposes of section 121A
12: The Governor-General may from time to time, by Order in Council, make regulations prescribing the following matters relating to costs:
a: the matters for which they are recoverable under—
i: this Act:
ii: regulations:
iii: pest management plans:
iv: pathway management plans:
b: their amounts:
c: the method by which they must be assessed:
d: the persons liable for their payment:
e: the circumstances in which their recovery may be wholly or partly waived or remitted.
12A: This section does not authorise the making of regulations prescribing fees and charges to recover the costs of processing travellers to which the Airports (Cost Recovery for Processing of International Travellers) Act 2014 Part 8 matters
13: The Governor-General may from time to time, by Order in Council, make regulations prescribing methods of implementing and enforcing standards prescribed under this Act.
14: The Governor-General may from time to time, by Order in Council, make regulations on the following matters relating to offences:
a: prescribing offences committed by contravening a regulation made under this Act:
b: prescribing offences committed by contravening a lawful direction or requirement under a regulation made under this Act:
c: prescribing the offences against or under this Act that are infringement offences:
d: prescribing the form of an infringement notice for an infringement offence:
e: prescribing any additional particulars required in an infringement notice for an infringement offence:
f: prescribing an infringement fee no greater than $1,000 payable for each infringement offence:
g: specifying that an infringement offence is a border infringement offence if it is committed—
i: in a biosecurity control area at a port approved under section 37
ii: at a port approved under section 37A
h: prescribing the form of an infringement notice for a border infringement offence:
i: prescribing any additional particulars required in an infringement notice for a border infringement offence.
15: The Governor-General may from time to time, by Order in Council, make regulations specifying requirements in regulations or rules whose contravention gives rise to liability for the purposes of section 154H(2)(r) Risk goods, waste, organic material, and pest-ridden places
16: The Governor-General may from time to time, by Order in Council, make regulations regulating or controlling the holding, disposal, and treatment of risk goods.
17: The Governor-General may from time to time, by Order in Council, make regulations about garbage and other waste organic material,—
a: prohibiting or controlling its disposal:
b: providing for controls to prevent access to it by animals.
18: The Governor-General may from time to time, by Order in Council, make regulations about organic material,—
a: requiring its identification:
b: prohibiting, regulating, or controlling its use:
c: prohibiting or regulating organic material as food for organisms.
19: The Governor-General may from time to time, by Order in Council, make regulations about places that are particularly liable to harbour pests or unwanted organisms, or are difficult to monitor, or may serve as an active source of pests or unwanted organisms,—
a: providing for their registration:
b: prescribing technical standards for their construction, equipping, maintenance, and operation:
c: prescribing standards for their operators. Standards, permits, registrations, approvals, and exemptions
20: The Governor-General may from time to time, by Order in Council, make regulations prescribing standards for places that are required to be designated, registered, or approved—
a: under this Act; or
b: under regulations.
21: The Governor-General may from time to time, by Order in Council, make regulations about permits, registrations, approvals, and exemptions under this Act,—
a: prescribing the manner and content of applications for them:
b: prescribing procedures for the assessment, consideration, approval, and refusal of applications for them:
c: prescribing conditions that must or may be attached to them:
d: regulating their issue, transfer, amendment, suspension, revocation, cancellation, or withdrawal:
e: requiring their holders to—
i: keep records; and
ii: provide copies of the records to the Director-General or any other chief executive, whenever the holders are asked and wherever the records are held; and
iii: provide copies of any other information to the Director-General or any other chief executive, whenever the holders are asked and wherever the information is held. Record-keeping
22: The Governor-General may from time to time, by Order in Council, make regulations requiring persons engaged in prescribed activities to—
a: keep records; and
b: provide copies of the records to the Director-General or any other chief executive, whenever the holders are asked and wherever the records are held; and
c: provide copies of any other information to the Director-General or any other chief executive, whenever the holders are asked and wherever the information is held. Manner in which information to be provided
23: The Governor-General may from time to time, by Order in Council, make regulations specifying the manner in which information that must be provided under this Act must be provided. Contemplated or necessary matters
24: The Governor-General may from time to time, by Order in Council, make regulations providing for matters that are contemplated by this Act or necessary to give it full effect or necessary for its administration. Regulations are secondary legislation
25: Regulations under this section are secondary legislation ( see Part 3
26: If regulations under subsection (12)(e) authorise a person
a: the instrument by which the power is exercised 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 (25). Legislation Act 2019 requirements for secondary legislation referred to in subsection (25) 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 (26)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (26)(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (25) 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 165 replaced 18 September 2012 section 78 Biosecurity Law Reform Act 2012 Section 165(1A) inserted 24 June 2014 section 14 Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 Section 165(12A) inserted 15 February 2014 section 21(1) Airports (Cost Recovery for Processing of International Travellers) Act 2014 Section 165(25) heading inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 165(25) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 165(26) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 165(26) amended 28 October 2021 regulation 18 Legislation Act (Amendments to Legislation) Regulations 2021
165A: Regulations relating to definition of
Ministry-related 41A(1)
1: The Governor-General may, by Order in Council, make regulations specifying any Act to be an Act for the purposes of the definition of Ministry-related section 41A(1)
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 165A inserted 6 April 2012 section 5 Biosecurity Amendment Act 2012 Section 165A heading amended 24 June 2014 section 15(1)(a) Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 Section 165A heading amended 24 June 2014 section 15(1)(b) Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 Section 165A(1) amended 24 June 2014 section 15(2)(a) Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 Section 165A(1) amended 24 June 2014 section 15(2)(b) Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 Section 165A(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
166: General provisions as to regulations
1: Any regulation made under this Act may apply generally or may apply or be applied from time to time by the Minister by notice
2: A notice under subsection (1) is secondary legislation ( see Part 3
2:
3: Any regulations made under this Act may confer power to issue directions, orders, requirements, permits, or notices for the purposes of this Act on all or any of the following:
a: all Ministers, Ministers of a specified kind or description, or any specified Minister or Ministers:
b: all chief executives, chief executives of a specified kind or description, or any specified chief executive or chief executives:
c: all principal officers, principal officers of a specified kind or description, or any specified principal officer or principal officers:
d: all chief technical officers, chief technical officers of a specified kind or description, or any specified chief technical officer or chief technical officers:
e: all inspectors, or inspectors of a specified kind or description:
f: all authorised persons, or authorised persons of a specified kind or description.
4: Regulations made under this Act may authorise the Director-General to exempt—
a: any conveyance; or
b: conveyances of any kind or description; or
c: any other place; or
d: other places of any kind or description; or
e: any person; or
f: persons of any kind or description,— from any requirement of those regulations, or any other regulations made under this Act, if satisfied that, in the circumstances, the imposition of the requirement on that conveyance, those conveyances, that place, those places, that person, or those persons, is not necessary.
5: If regulations made under this Act authorise the granting of an exemption under subsection (4)(b), (d), or (f),—
a: the instrument granting an exemption is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. 1967 No 50 s 107 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 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. 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 (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 166(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 166(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 166(2) repealed 18 September 2012 section 79 Biosecurity Law Reform Act 2012 Section 166(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
166A: Certain secondary legislation or published instruments may be consolidated
Secondary legislation made by same maker and with same publishing requirements
1: The responsible Minister or the Director-General (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 with same publishing requirements
2: The responsible Minister, the Director-General, a chief technical officer, or a management agency (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 instruments that have 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 166A inserted 30 November 2022 section 16 Statutes Amendment Act 2022
167: Repeals and revocations
1: The enactments specified in Schedule 3
2: All Orders in Council and notices made under the Stock Act 1908 Schedule 7
3: The Orders in Council specified in Schedule 6
4: The Dog Control and Hydatids Regulations 1985
168: Enactments amended
1: The enactments specified in Schedule 4
2: The regulations specified in Schedule 5
10: Savings and transitional provisions
169: Savings of Animals Act 1967 for limited administrative purposes
Section 169 repealed 29 July 1998 section 133 Biosecurity Amendment Act 1997
170: Savings of Plants Act 1970 for limited administrative purposes
Notwithstanding section 167(1) Plants Act 1970 sections 16 Section 170 amended 29 July 1998 section 134 Biosecurity Amendment Act 1997
171: Savings of Apiaries Act 1969 for limited administrative purposes
Section 171 repealed 1 November 1999 section 60(1)(a) Animal Products (Ancillary and Transitional Provisions) Act 1999
172: Transition of emergency proclamations
1: If a declaration of an animal disease emergency made by the Governor-General by Proclamation is in force on the commencement of this Act, the Proclamation and sections 30 and 31 of the Animals Act 1967 section 167(1)
2: If a declaration of a plant disease emergency made by the Governor-General by Proclamation is in force on the commencement of this Act, the Proclamation and sections 12 13 section 167(1)
173: Transitional continuance of regulations
Every regulation specified in Schedule 7 section 167(1)
174: Transitional provision concerning inspectors, etc
1: Every person duly appointed and holding office as an inspector under the Ministry of Agriculture and Fisheries Act 1953 Animals Act 1967 Apiaries Act 1969 Poultry Act 1968 Plants Act 1970 September
2: Every person duly appointed and holding office as a noxious plants officer under the Noxious Plants Act 1978 September 1993 shall be deemed to have been appointed an authorised person under section 103(3)
3: Every person duly appointed and holding office as an inspector under the Agricultural Pests Destruction Act 1967 section 103(3) Section 174(1) amended 1 October 1993 Biosecurity Amendment Act 1993 Section 174(1) amended 1 October 1993 Biosecurity Amendment Act 1993 Section 174(2) amended 1 October 1993 Biosecurity Amendment Act 1993 Section 174(3) inserted 28 September 1993 Biosecurity Amendment Act 1993
175: Transition of quarantine appointments
On 1 July 1993, the following shall be deemed to have been registered as a quarantine facility and to be subject in all respects to the provisions of section 39
a: any land set apart and defined as a quarantine ground under section 11 of the Animals Act 1967
b: any land declared to be a special quarantine ground under section 11A of the Animals Act 1967
c: any land defined or approved as a quarantine ground under section 24 of the Apiaries Act 1969
d: any land declared to be a quarantine station under section 4
176: Transition of import permits and exemptions
Section 176 repealed 26 November 1997 section 115(2) Biosecurity Amendment Act 1997
177: Transition of notices under section 13A of Animals Act 1967
Notwithstanding the repeal of section 13A of the Animals Act 1967 September Section 177 amended 1 October 1993 Biosecurity Amendment Act 1993
178: Transitional control of brucellosis and tuberculosis in cattle and tuberculosis in deer
1: Every direction, notice, or requirement given or made by the Director-General under section 53, 53A, 53AA, 53C, 53E, or 53H of the Animals Act 1967
2: Where the Director-General has directed the slaughter of any animals under section 53AA or 53E of the Animals Act 1967 sections 53AB and 53F of the Animals Act 1967 section 167(1)
179: Transitional control of agricultural pests
Section 179 expired 1 October 1998 Biosecurity (Transition and Savings) Regulations 1996
180: Compensation for certain slaughtered animals
Section 180 expired 1 October 1998 Biosecurity (Transition and Savings) Regulations 1996
181: Transitional control of plant pests
Section 181 expired 1 October 1998 Biosecurity (Transition and Savings) Regulations 1996
182: Transitional control of bee diseases
Section 182 repealed 1 November 1999 section 60(1)(a) Animal Products (Ancillary and Transitional Provisions) Act 1999
183: Transitional control of hydatids
Section 183 expired 1 July 1996 Biosecurity (Transition and Savings) Regulations 1996
184: Designated ports of entry
1: Subject to subsection (2), between the commencement of Part 3 subsection (1) of section 37 Schedule 8
2: Subject to section 37(7)
184A: Designated as approved, or approved, ports
1: For the ports specified in Part A of Schedule 9
a: for the period between 1 July 1995 and 25 November 1997, each port is treated as having been designated as approved under section 37
b: for the period between 26 November 1997 and the date after 26 November 1997 on which the Director-General approves the port under section 37
c: for the period between 1 July 1995 and the date after 1 July 1995 on which the Director-General approves a port under section 37
2: The effect of subsection (1) is that a biosecurity control area existed at each port specified in Part A of Schedule 9
a: the time occurred in the period between 1 July 1995 and the date after 1 July 1995 on which the Director-General approves the port under section 37
b: throughout the time, the port had a place that—
i: was part of the port; and
ii: was, by written agreement with the port's operator, under the control of the Director-General for the purposes of this Act.
3: For the ports specified in Part B of Schedule 9 section 37
a: each port is treated as having been approved under section 37
b: every requirement of section 37
4: The effect of subsection (3) is that a biosecurity control area existed at each port specified in Part B of Schedule 9
a: the time occurred in the period between 25 May 1998 and the date after 25 May 1998 on which the Director-General approves the port under section 37
b: throughout the time, the port had a place that—
i: was part of the port; and
ii: was, by written agreement with the port's operator, under the control of the Director-General for the purposes of this Act.
5: The ports specified in Schedule 9 section 37
a: for all kinds of aircraft, for each airport; and
b: for all kinds of vessels, for each other port.
6: The following provisions apply to a designation or an approval to which this section applies:
a: after consulting under section 37D section 37B
b: the designation or approval ceases to have effect in the manner and at the time stated in the suspension or revocation.
7: Subsections (1) to (6)—
a: do not apply in civil proceedings commenced before 13 December 2005; and
b: apply in civil proceedings commenced on or after 13 December 2005; and
c: do not apply to conduct that—
i: resulted or could result in the entry of a conviction or the entry of a conviction and the imposition of a sentence; and
ii: occurred at a port before or in the period described for the port in subsection (8); and
d: apply to conduct that occurs at a port after the period described for the port in subsection (8).
8: The periods are,—
a: for each port specified in Part A of Schedule 9
i: the date after 1 July 1995 on which the Director-General approves the port under section 37
ii: the date on which the Biosecurity (Status of Specified Ports) Amendment Act 2005
b: for each port specified in Part B of Schedule 9
i: the date after 25 May 1998 on which the Director-General approves the port under section 37
ii: the date on which the Biosecurity (Status of Specified Ports) Amendment Act 2005 Section 184A inserted 13 December 2005 section 4 Biosecurity (Status of Specified Ports) Amendment Act 2005
185: Expiration of sections 179 to 183
1: Sections 179 to 182
2: Section 183 Section 185 replaced 27 June 1996
185A: Organisms illegally present in New Zealand at commencement of Hazardous Substances and New Organisms Act 1996
1: Where, at the date of commencement of the Hazardous Substances and New Organisms Act 1996 Animals Act 1967 Plants Act 1970
2: Where, at the date of commencement of the Hazardous Substances and New Organisms Act 1996 section 257
3: Where section 259
4: Nothing in this section applies to the organism known as rabbit haemorrhagic disease virus, or rabbit calicivirus. Section 185A inserted 29 July 1998 section 129 Biosecurity Amendment Act 1997 Section 185A(4) inserted 29 July 1998 section 4 Biosecurity (Rabbit Calicivirus) Amendment Act 1998 |