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DLM968004 | 2007 | Armed Forces Discipline Amendment Act 2007 | 1: Title
This Act is the Armed Forces Discipline Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. 2007-09-20 Armed Forces Discipline Act 1971
3: Principal Act amended
This Act amends the Armed Forces Discipline Act 1971
4: Amendments to principal Act in Schedule
The principal Act is amended in the manner set out in the Schedule |
DLM1062805 | 2007 | Education (Tertiary Reforms) Amendment Act 2007 | 1: Title
This Act is the Education (Tertiary Reforms) Amendment Act 2007.
2: Commencement
This Act comes into force on 1 January 2008.
3: Purpose
The purpose of this Act is to—
a: simplify and streamline the processes supporting the operation of the tertiary education system in New Zealand, without affecting the academic freedom and autonomy of institutions preserved and enhanced by the principal Act, by creating a group of instruments that—
i: recognise the differing roles of organisations within the tertiary education sector; and
ii: require organisations to focus on outcomes; and
b: support the purpose described in paragraph (a) by—
i: replacing the tertiary education strategy and the statement of tertiary education priorities with a single document called the tertiary education strategy; and
ii: replacing charters and profiles with a single document called a plan; and
c: enable the Tertiary Education Commission to effectively—
i: guide the contribution made by organisations towards achieving the current and medium-term priorities set out in the Government's tertiary education strategy; and
ii: monitor the performance of organisations; and
d: enhance the accountability of organisations that receive public funds; and
e: safeguard the Crown's interest in organisations generally; and
f: clarify the role of the New Zealand Qualifications Authority in relation to quality assurance of providers of adult and community education; and
g: make other amendments to the Education Act 1989
1: Amendments to Education Act 1989
4: Principal Act amended
This Part amends the Education Act 1989 2008-01-01 Education Act 1989
5: Object of provisions relating to tertiary education
Section 159AAA(2) the service continued by Part 22 Career Services
6: Interpretation
1: The definitions of charter profile statement of tertiary education priorities section 159(1)
2: Section 159(1) funding approval section 159YA section 159P(d)(i) and (ii) plan proposed plan
3: The definition of tertiary education strategy section 159(1) approved issued
7: New section 159AA substituted
Section 159AA
159AA: Tertiary education strategy
1: The Minister must, from time to time, issue a tertiary education strategy that sets out—
a: the Government's long-term strategic direction for tertiary education; and
b: the Government's current and medium-term priorities for tertiary education.
2: The part of the tertiary education strategy that sets out the Government's long-term strategic direction for tertiary education must address the following:
a: economic goals:
b: social goals:
c: environmental goals:
d: the development aspirations of Maori and other population groups.
3: Before issuing a tertiary education strategy, the Minister must consult with—
a: those stakeholders in the tertiary education sector that he or she considers ought to be consulted; and
b: the Commission.
4: As soon as practicable after issuing a tertiary education strategy, the Minister must give public notice of it.
8: Importance of tertiary education strategy
Section 159AB the service continued by Part 22 Career Services
9: New section 159AC substituted
Section 159AC
159AC: Revocation and replacement or amendment of tertiary education strategy
1: The Minister may, at any time, revoke and replace, or amend, a tertiary education strategy.
2: Before revoking and replacing, or significantly amending, a tertiary education strategy, the Minister must consult with—
a: those stakeholders in the tertiary education sector that he or she considers ought to be consulted; and
b: the Commission.
3: As soon as practicable after revoking and replacing, or significantly amending, a tertiary education strategy, the Minister must give public notice of the revocation and replacement, or amendment.
4: An amendment forms part of the tertiary education strategy it amends.
10: Roles within tertiary education sector
Section 159AD(1)
11: Ministry may hold and disseminate information
Section 159AE the service continued by Part 22 Career Services
12: New sections 159A and 159ABA substituted
Section 159A
159A: Purpose of Part
The purpose of this Part is to establish—
a: a Tertiary Education Commission (the Commission
b: a framework for planning, funding, and monitoring in the tertiary education sector that primarily, but not exclusively, relates to funding organisations via plans.
159ABA: Outline of framework for planning, funding, and monitoring in tertiary education sector
1: This section—
a: sets out a general outline of the framework for planning, funding, and monitoring in the tertiary education sector; and
b: is by way of explanation only.
2: If any other section in this Act conflicts with this section, the other section prevails.
3: The following steps describe, in general terms, how the framework for planning, funding, and monitoring in the tertiary education sector works:
a: the Minister determines the design of funding mechanisms and whether funding under those mechanisms is via plans:
b: the Commission develops the details of how to implement funding mechanisms:
c: the Commission issues guidance on what must be contained in proposed plans:
d: the Commission identifies criteria for assessing proposed plans:
e: an organisation prepares a proposed plan—
i: in consultation with the stakeholders the organisation considers ought to be consulted and any other persons specified by the Commission; and
ii: in a manner consistent with the Commission's guidance:
f: the organisation submits its proposed plan to the Commission:
g: the Commission applies assessment criteria to the proposed plan and decides whether or not to give funding approval:
h: if the proposed plan is given funding approval, the Commission determines the amount of funding payable to the organisation by applying the appropriate funding mechanism:
i: if an organisation's proposed plan receives funding approval, the Commission monitors the organisation's performance to determine if it is achieving, or has achieved, the outcomes it has specified in its plan.
13: Composition of Commission
Section 159D(2) (other than a replacement member appointed under clause 11(1) of Schedule 13A)
14: Functions of Commission
1: Section 159F(1)
a: to give effect to the tertiary education strategy by—
i: prescribing and publishing guidance on the content of, and processes associated with seeking funding approval for, proposed plans; and
ii: prescribing and publishing guidance on the criteria the Commission will use to assess proposed plans; and
iii: assessing proposed plans and deciding whether they will receive funding approval by applying the relevant assessment criteria; and
iv: determining the amount of funding payable to organisations by applying the appropriate funding mechanisms; and
v: allocating funding to organisations that have plans; and
vi: allocating funding to organisations that are not required to have plans in order to receive funding; and
vii: prescribing what plan summaries must contain for the purposes of public inspection; and
viii: building the capability of organisations; and
2: Section 159F(1)(b)
i: the tertiary education strategy; and
ii: the activities and performance of the tertiary education sector generally; and
3: Section 159F(1)
ba: to develop details of how to implement funding mechanisms; and
bb: to implement funding mechanisms; and.
4: Section 159F(1)
d: to monitor the performance of organisations that receive funding from the Commission including by measuring performance against specified outcomes; and
da: to undertake any functions that the Minister directs the Commission to undertake under section 159J
5: Section 159F(1)(e) section 159ZC section 159YA or 159ZC
15: Delegation of functions or powers of Minister
Section 159I
1: The Minister may, either generally or specifically, delegate to the Commission all or any of the Minister's functions and powers under this Act (other than those referred to in section 159L) or any other Act, including functions or powers delegated to the Minister under this Act or any other Act.
16: Minister may direct Commission
1: Section 159J
3A: The Minister may, in accordance with section 112 of the Crown Entities Act 2004
2: Section 159J(4) section 159ZC section 159YA or 159ZC
17: New section 159KBA inserted
The following section is inserted after section 159KB
159KBA: Monitoring and reporting function of chief executive in relation to institutions
The chief executive of the Commission—
a: must, on an ongoing basis, monitor institutions that receive funding under this Part in order to assess whether the operation or long-term viability of any of those institutions is at risk; and
b: may report from time to time to the Minister on the outcome of that monitoring.
18: Statement of intent
Section 159KE(1)(a)(i) statement of tertiary education priorities tertiary education strategy
19: Annual report
Section 159KF(1) implementing giving effect to
20: New headings and sections 159L to 159YO substituted
Sections 159L to 159Z Funding mechanisms
159L: Minister determines design of funding mechanisms
1: The Minister must, from time to time, determine the design of the funding mechanisms that the Commission must use to fund organisations.
2: Without limiting subsection (1), in making a determination under that subsection, the Minister must—
a: identify the general form and essential components of each funding mechanism; and
b: indicate which of the funding mechanisms relates to—
i: funding to be paid by the Commission under section 159YA
ii: funding to be paid by the Commission under section 159ZC
iii: other types of funding (if any).
3: Without limiting subsection (1), in making a determination under that subsection, the Minister may—
a: specify the amount of money, or the proportion of an amount of money, available under any particular funding mechanism; and
b: provide for funding to different groups of organisations or types of organisation; and
c: provide for different versions of, or modifications to, a funding mechanism when applying it to different groups of organisations or types of organisation; and
d: specify conditions that the Commission must attach to funding that is provided under any funding mechanism including, without limitation, conditions setting limits on the fees that an organisation may charge domestic students; and
e: provide for funding that targets particular groups of students.
159M: Restrictions on design of funding mechanisms
In determining a design for a funding mechanism under section 159L
a: identify a specified organisation or organisations to which funding is to be provided or denied under any funding mechanism; or
b: specify conditions under section 159L(3)(d) Gazette
i: states that the Minister proposes to specify conditions of that kind; and
ii: sets out the proposed conditions; and
iii: invites submissions on the proposed conditions; and
iv: specifies the date by which submissions must be received, which must be a date no later than 21 days after the date of the Gazette
159N: Funding mechanisms consistent with quality assurance principle
Every funding mechanism must be consistent with the principle that receiving public funds is dependent on an organisation meeting the quality assurance requirements in this Act.
159O: Commission to implement funding mechanisms
The Commission must—
a: develop the details of how to implement the Minister's determination of the design of funding mechanisms under section 159L
b: implement the funding mechanisms. Requirements for, and content of proposed plans
159P: Requirements for proposed plans
A proposed plan must—
a: describe how an organisation will give effect to the Government's current and medium-term priorities as described in the tertiary education strategy; and
b: describe how an organisation will address the needs of its stakeholders (including, without limitation, students enrolled with the organisation); and
c: describe an organisation's mission and role for the term of the plan; and
d: set out a description of all—
i: tertiary education programmes run by the organisation for which the organisation is seeking funding under section 159YA
ii: activities (including, without limitation, programmes and initiatives that will be undertaken by the organisation in order to build its capability) for which the organisation is seeking funding under section 159YA
e: describe an organisation's proposed outcomes (including, without limitation, in relation to the tertiary education programmes and activities described in paragraph (d)(i) and (ii) in relation to which funding is sought) and the performance indicators that the organisation will use to measure whether those outcomes have been achieved; and
f: set out a description of all tertiary education programmes run by the organisation other than those in relation to which funding is sought.
159Q: Exemption from certain requirements for proposed plans
1: The Commission may, by notice in writing, exempt an organisation from having to comply with the requirements in section 159P(f)
2: The Commission may not exercise the power in subsection (1) in relation to an institution.
3: Before exempting an organisation under subsection (1), the Commission must consider—
a: the amount of funding sought by the organisation; and
b: the amount of funding already received by the organisation; and
c: the type and size of the organisation; and
d: the effective operation of the tertiary education system; and
e: the Government's current and medium-term priorities as described in the tertiary education strategy; and
f: any other matters the Commission considers relevant.
159R: Content of, and processes for submitting, proposed plans prescribed by Commission
1: The Commission must prescribe and give public notice of—
a: the content of organisations' proposed plans (being the particular matters that proposed plans must address or include in order to meet the requirements in section 159P
b: the kinds of background or supplementary information that the Commission requires an organisation to provide in relation to a proposed plan; and
c: the timetable and process for the submission of proposed plans to the Commission.
2: When prescribing matters under subsection (1), the Commission may include—
a: standard content, as well as different content applying to different organisations, groups of organisations, or types of organisation; and
b: different information, timetables, and processes for different organisations, groups of organisations, or types of organisation.
3: Notices given under subsection (1) may be—
a: given at different times; and
b: amended by the Commission.
4: The Commission must give public notice of a significant amendment made under subsection (3)(b).
159S: Commission may exempt organisation from complying with certain matters
The Commission may, by notice in writing, exempt an organisation from complying with any of the matters it has prescribed under section 159R(1) Submitting proposed plan
159T: Who must submit proposed plan
1: An organisation that is seeking funding from the Commission under a funding mechanism that provides for funding via plans must submit a proposed plan.
2: Subsection (1) does not apply to an organisation that is exempt under section 159U
159U: Exemption from requirement to submit proposed plan
1: The Commission may, by notice in writing, exempt an organisation, a group of organisations, or a type of organisation that is seeking funding under a funding mechanism that provides for funding via plans from the requirement, in section 159T(1)
2: The Commission may not exercise the power in subsection (1) in relation to an institution.
3: The Commission may exempt an organisation, a group of organisations, or a type of organisation under subsection (1) for a specified period that the Commission considers appropriate.
159V: Frequency of submitting proposed plans
An organisation that is required to submit a proposed plan must submit a proposed plan to the Commission—
a: at least once every 3 years; or
b: if the Commission directs, at more frequent intervals specified by the Commission.
159W: Submitting combined proposed plan
The Commission may permit more than 1 organisation to prepare and submit a combined proposed plan if the Commission considers it appropriate. Preparing and consulting on proposed plans
159X: Preparing and consulting on proposed plans
1: An organisation that is required to submit a proposed plan must prepare the proposed plan in accordance with this Part (including, unless it is exempt under section 159S section 159R
2: A proposed plan must be prepared in consultation with—
a: the stakeholders that the organisation considers ought to be consulted; and
b: any other person or group of persons that the Commission stipulates.
3: An organisation must develop the content of its proposed plan in collaboration with the Commission, including collaborating with the Commission about ways in which the organisation can implement the matters prescribed by the Commission under section 159R
4: After completing the requirements in subsections (1) to (3) Assessment of proposed plans and giving of funding approval
159Y: Criteria for assessing proposed plans
1: The Commission must prescribe and give public notice of the criteria that the Commission will use to assess proposed plans to determine if they will receive funding approval.
2: The prescribed criteria must include, without limitation, criteria for assessing—
a: how an organisation contributes to the Government's current and medium-term priorities described in the tertiary education strategy; and
b: the tertiary education programmes and activities of an organisation in relation to which funding is sought under section 159YA
c: the performance indicators used in measuring whether the specified outcomes relating to those tertiary education programmes and activities are being or have been achieved; and
d: the extent and nature of an organisation's consultation over its proposed plan.
3: When prescribing matters under subsection (1), the Commission may include standard criteria, as well as different criteria applying to different organisations, groups of organisations, or types of organisation.
4: Notices given under subsection (1) may be—
a: given at different times; and
b: amended by the Commission.
5: The Commission must give public notice of a significant amendment made under subsection (4)(b).
159YA: Commission's assessment of proposed plans, giving of funding approval, and payment of funding
1: The Commission must assess whether a proposed plan will receive funding approval by applying the assessment criteria prescribed under section 159Y
2: After applying the assessment criteria, the Commission may decide to—
a: fund (in whole or in part) all of the tertiary education programmes and activities described in the proposed plan under section 159P(d)(i) and (ii)
b: fund (in whole or in part) some of the tertiary education programmes and activities described in the proposed plan under section 159P(d)(i) and (ii)
c: not fund any of the tertiary education programmes or activities described in the proposed plan under section 159P(d)(i) and (ii)
3: Before deciding not to fund some or any, or part of some or any, of the tertiary education programmes or activities described in the proposed plan under section 159P(d)(i) and (ii)
a: notify the organisation of its proposed decision; and
b: give the organisation a reasonable opportunity to be heard.
4: The Commission must give its reasons to the affected organisation if it decides not to fund some or any, or part of some or any, of the tertiary education programmes or activities described in the proposed plan under section 159P(d)(i) and (ii)
5: In deciding to give funding approval, the Commission must—
a: specify the date from which that funding approval has effect; and
b: determine the amount of funding payable to the organisation by applying the appropriate funding mechanism; and
c: arrange for the payment to the organisation of the amount of funding determined under paragraph (b).
159YB: Commission may decline to assess proposed plan
1: The Commission may decline to assess a proposed plan under section 159YA section 159S section 159R
2: Before making a decision to decline to assess an organisation's proposed plan, the Commission must discuss with the organisation why the proposed plan does not adequately satisfy the requirements of this Part.
3: The Commission must give its reasons to the affected organisation if it declines to assess the organisation's proposed plan.
159YC: Conditions on receiving funding under section 159YA
1: It is a condition of an organisation receiving funding under section 159YA
2: The Commission may give funding approval subject to conditions, but only if the conditions are—
a: conditions the Minister has determined the Commission must attach to funding under section 159L(3)(d)
b: conditions that the Commission considers necessary to ensure that the specified outcomes in a plan that relate to tertiary education programmes and activities in relation to which funding is being given are being achieved or will be achieved.
3: The Commission may at any time (including during a funding period) amend any condition imposed under subsection (2).
4: The amendment to the condition takes effect when the organisation has been given reasonable notice of it.
159YD: Accountability for funding received under section 159YA
1: An organisation (other than an institution) that receives funding under section 159YA
a: it keeps records, in a form consistent with that required by the Commission, for the period to which the funding relates, that fully and fairly show—
i: the transactions, assets, liabilities, and funds of the organisation that are or were affected by the funding; and
ii: whether any conditions on which the funding approval was given have been complied with; and
b: the records are available for inspection by the Commission at all reasonable times.
2: As soon as practicable after the end of any year in which an organisation (other than an institution) receives funding under section 159YA
a: a financial report of the organisation for that year, including a statement of financial performance, a statement of financial position, a statement of movements in equity, a statement of cash flows, and a statement of service performance that compares the performance of the organisation with the outcomes specified in the organisation's plan as measured by the performance indicators specified in the organisation's plan; and
b: any financial reports, or statistical or other information, required by the Commission; and
c: any information necessary to demonstrate compliance with any condition attached to the funding.
3: A report required under subsection (2)(a) must be prepared in accordance with generally accepted accounting practice and must be audited by an independent chartered accountant.
4: The Commission may exempt any organisation, group of organisations, or types of organisation from complying with 1 or more of the requirements set out in subsections (2) and (3).
5: In exercising the powers conferred on it by subsection (4), the Commission must have regard to—
a: the amount of funding sought by the organisation; and
b: the amount of funding received by the organisation; and
c: the type and size of the organisation; and
d: any other matters that the Commission considers relevant.
6: Section 203 Expiry of funding approval
159YE: Expiry of funding approval
1: Every plan that has funding approval must specify the date on which funding approval expires (the expiry date
2: Funding approval expires on the expiry date, unless funding approval is earlier revoked under this Part.
3: Despite subsection (2), if, on the expiry date, an organisation is discussing a proposed plan with the Commission or the proposed plan is awaiting funding approval under this Part, the funding approval for the existing plan continues in effect until the earlier of the following dates:
a: the date that is 6 months after the expiry date of the existing funding approval; or
b: the date that funding approval for the proposed plan comes into effect.
159YF: Effect of expiry of funding approval
The effect of the expiry of funding approval is that—
a: the plan to which funding approval relates expires; and
b: the Commission must cease payment, or cease any or all further payments, of funding under section 159YA Suspension or revocation of funding given under section 159YA
159YG: Commission may suspend or revoke funding given under section 159YA
1: The Commission may suspend or revoke some or all funding given under section 159YA
a: an organisation has not complied, or is not complying, with a condition on which funding has been given under section 159YA
b: when measured against performance indicators, the organisation has not achieved, or is not achieving, an outcome anticipated in its plan for a tertiary education programme or activity in relation to which funding has been given under section 159YA
c: the organisation has not provided, or is not providing, adequate and timely information required by the Commission or Ministry under section 159YC
2: Before deciding whether to suspend or revoke some or all funding given under section 159YA
a: notify the organisation of the specific matters of concern; and
b: give the organisation a reasonable opportunity to be heard.
3: The Commission must give its reasons to an organisation if it decides to suspend or revoke some or all funding given under section 159YA
4: The Commission must advise an organisation of the following matters if it decides to suspend some or all funding given under section 159YA
a: the date on which the suspension will end and, as a consequence, some or all funding will be revoked; and
b: what action the organisation must take in order to have the suspension lifted and avoid some or all funding being revoked.
5: A suspension must be for a period that the Commission considers reasonable, having considered—
a: the specific matters referred to in subsection (2)(a); and
b: the action referred to in subsection (4)(b).
159YH: Extending suspension of funding
1: The date on which a suspension ends under section 159YG(4)(a)
2: The Commission must advise an organisation of the following matters if it decides to extend the date on which a suspension will end:
a: the date on which the extended suspension will end and, as a consequence, some or all funding for all or part of the plan will be revoked; and
b: what action the organisation must take in order to have the extended suspension lifted and avoid some or all funding for all or part of the plan being revoked.
3: An extension of a suspension must be for a period that the Commission considers reasonable, having considered—
a: the specific matters referred to in section 159YG(2)(a)
b: the action referred to in section 159YG(4)(b)
159YI: Effect of suspending or revoking funding given under section 159YA
1: The effect of suspending funding given under section 159YA
2: The effect of revoking funding given under section 159YA
a: the plan or part of the plan to which the funding relates is revoked; and
b: the Commission must cease payment, or cease any or all further payments, of funding under section 159YA
159YJ: Review of decision by delegate to suspend or revoke funding given under section 159YA
1: Subsection (2) applies to an organisation in relation to which a person has exercised any of the following powers under a delegation from the Commission under section 73 of the Crown Entities Act 2004
a: suspending funding under section 159YG
b: revoking funding under section 159YG
c: extending the suspension of funding under section 159YH
2: An organisation to which this subsection applies may ask the Commission to review the decision of the delegate. Amending or replacing plans
159YK: Organisation may seek approval for significant amendment, or replacement, of plan
1: In this section and sections 159YL to 159YN significant amendment
a: a tertiary education programme or an activity in relation to which funding has been given under section 159YA
b: any of the performance indicators that an organisation uses to measure whether proposed outcomes for tertiary education programmes or activities in relation to which funding has been given under section 159YA
2: An organisation may, at any time, ask the Commission to approve a significant amendment to, or the replacement of, a plan.
3: An organisation that proposes to make a significant amendment to, or to replace, a plan must consult with—
a: the stakeholders that the organisation considers ought to be consulted; and
b: any other person or group that the Commission stipulates.
4: An organisation that proposes a significant amendment to, or replacement of, a plan must prepare the significant amendment or replacement in collaboration with the Commission, including collaborating with the Commission about ways in which the organisation can implement the matters prescribed by the Commission under subsection (5).
5: The Commission may prescribe the requirements for the following in relation to a significant amendment to, or a replacement of, a plan:
a: the content of the significant amendment or replacement (which may be the same as the matters prescribed by the Commission under section 159R
b: criteria for assessing the significant amendment or replacement (which may be the same as those prescribed by the Commission under section 159Y
6: In applying the requirements in subsection (5) in order to determine whether or not to approve a significant amendment to, or replacement of, a plan, the Commission must take into account—
a: the extent of the significant amendment or replacement; and
b: the impact of the significant amendment or replacement on the needs of the stakeholders and any other persons consulted by the organisation under subsection (3).
7: The Commission may, at any time, require an organisation to review a plan with a view to amending or replacing it.
8: Nothing in this section prohibits an organisation from making an amendment to a plan that is not a significant amendment.
159YL: Effect of significant amendment or replacement of plan under section 159YK
1: If the Commission approves a significant amendment to a plan, the significant amendment—
a: forms part of the plan it amends; and
b: takes effect on the date specified by the Commission.
2: If the Commission approves a replacement plan under section 159YK
a: takes effect on the date specified by the Commission; and
b: is treated as revoking the plan it replaces.
159YM: Commission may make significant amendment to plan
1: The Commission may, at any time, on its own initiative, propose a significant amendment to an organisation's plan if it is satisfied that the significant amendment is reasonably necessary to ensure accountability for public funding.
2: If the Commission proposes a significant amendment to an organisation's plan under subsection (1), it must prepare it in collaboration with the organisation (including giving the organisation a reasonable period to consult the stakeholders it considers ought to be consulted).
3: After collaborating with the organisation on the proposed significant amendment, the Commission must, if it decides to proceed with the significant amendment, determine the content of the significant amendment and give the organisation a reasonable opportunity to make submissions on it.
4: After considering any submissions made by the organisation, the Commission may—
a: approve the proposed significant amendment (with further amendment if necessary); or
b: abandon the proposed significant amendment.
159YN: Effect of significant amendment made to plan under section 159YM
A significant amendment made to a plan under section 159YM
a: forms part of the plan it amends; and
b: takes effect on the date specified by the Commission. Plan summary
159YO: Summary of plans
1: The Commission must prescribe and give public notice of the matters that an organisation that has a plan must include in a plan summary.
2: An organisation that has a plan must ensure that—
a: a plan summary is available for inspection by the public; and
b: copies of that plan summary may be obtained either at no cost or no more than a reasonable cost; and
c: the plan summary contains the matters prescribed under subsection (1).
21: New heading and sections 159ZC to 159ZH substituted
Sections 159ZA to 159ZF Funding under this Part other than via plans
159ZC: Funding other than via plans
1: If a funding mechanism provides for funding for an organisation other than via plans, the Commission may, under this section, fund that organisation in accordance with that funding mechanism.
2: Nothing in subsection (1) limits the Commission's powers to fund organisations in other ways under a delegated authority or another enactment.
159ZD: Conditions on funding received under section 159ZC
1: It is a condition of receiving funding under section 159ZC
2: The Commission may impose conditions on funding received by an organisation under section 159ZC
a: any or specified conditions may be imposed; or
b: specified conditions must be imposed.
3: The Commission may at any time (including during a funding period) amend any condition imposed under subsection (2).
4: An amendment to a condition takes effect when the organisation has been given reasonable notice of it.
159ZE: Accountability for funding received under section 159ZC
1: An organisation (other than an institution) that receives funding under section 159ZC
a: it keeps records, in a form consistent with that required by the Commission, for the period to which the funding relates, that fully and fairly show—
i: the transactions, assets, liabilities, and funds of the organisation that are or were affected by the funding; and
ii: whether any conditions on which the grant was made have been complied with; and
b: the records are available for inspection by the Commission at all reasonable times.
2: As soon as practicable after the end of any year in which an organisation (other than an institution) receives funding under section 159ZC
a: a financial report of the organisation for that year, including a statement of financial performance, a statement of financial position, a statement of movements in equity, a statement of cash flows, and a statement of service performance that compares the performance of the organisation with the outcomes agreed with the Commission as measured by any performance indicators agreed with the Commission; and
b: any financial reports, or statistical or other information, required by the Commission; and
c: any information necessary to demonstrate compliance with any condition attached to the funding.
3: A report required under subsection (2)(a) must be prepared in accordance with generally accepted accounting practice and must be audited by an independent chartered accountant.
4: The Commission may exempt any organisation, group of organisations, or type of organisation from complying with 1 or more of the requirements set out in subsections (2) and (3).
5: In exercising the powers conferred on it by subsection (4), the Commission must have regard to—
a: the amount of funding sought by the organisation; and
b: the amount of funding received by the organisation; and
c: the type and size of the organisation; and
d: any other matters that the Commission considers relevant.
6: Section 203
159ZF: Commission may suspend or revoke funding given under section 159ZC
1: The Commission may suspend or revoke payment, or any or all further payments, of any funding given to an organisation under section 159ZC
a: has not complied, or is not complying, with a condition on which the funding was given; or
b: is not providing, or has not provided, adequate and timely information required by the Commission or Ministry under section 159ZD
2: Before deciding whether to suspend or revoke payment under subsection (1), the Commission must—
a: notify the organisation of the specific matters of concern; and
b: give the organisation a reasonable opportunity to be heard.
3: The Commission must give its reasons to an organisation if it decides to suspend or revoke the organisation's funding.
4: The Commission must specify the following matters if it decides to suspend funding under subsection (1):
a: the date on which the suspension will end and, as a consequence, the funding will be revoked; and
b: what action the organisation must take in order to have the suspension lifted and avoid funding being revoked.
159ZG: Extending suspension of funding
1: The date on which a suspension ends under section 159ZF(4)(a)
2: The Commission must advise an organisation of the following matters if it decides to extend the date on which a suspension will end:
a: the date on which the extended suspension will end and, as a consequence, funding will be revoked; and
b: what action the organisation must take in order to have the extended suspension lifted and avoid funding being revoked.
3: An extension of a suspension must be for a period that the Commission considers reasonable having considered—
a: the specific matters referred to in section 159ZF(2)(a)
b: the action referred to in section 159ZF(4)(b)
159ZH: Review of decision made by delegate to suspend or revoke funding under section 159ZC
1: Subsection (2) applies to an organisation in relation to which a person has exercised any of the following powers under a delegation from the Commission under section 73 of the Crown Entities Act 2004
a: suspending the organisation's funding under section 159ZF
b: revoking the organisation's funding under section 159ZF
c: extending the suspension of the organisation's funding under section 159ZG
2: An organisation to which this subsection applies may ask the Commission to review the decision of the delegate.
22: Functions of councils
1: Section 180(1)
b: to prepare and submit a proposed plan if the institution is seeking funding under a funding mechanism that provides for funding via plans:
c: if the institution has a plan,—
i: to ensure that the institution is managed in accordance with that plan; and
ii: to determine policies to implement that plan:
d: to determine, subject to the State Sector Act 1988
e: to undertake planning relating to the institution's long-term strategic direction.
2: Section 180
23: Section 191A and heading above section 191A repealed
Section 191A
24: Powers of institutions
Section 192(5)(b) 5 years 15 years
25: Institutions to provide information if required
1: Section 195B(1) Secretary chief executive of the Commission
2: Section 195B(2) Secretary chief executive of the Commission
3: Section 195B(3) Secretary chief executive of the Commission
4: Section 195B(4) Secretary chief executive of the Commission
5: Section 195B
5: In this section, Commission section 159C
26: New section 195DA inserted
The following section is inserted after section 195D
195DA: Protection of commissioners
A commissioner appointed under section 195D(1)
a: in good faith; and
b: in the course of carrying out his or her powers, functions, or duties.
27: Powers and functions of commissioner
Section 195E(1) the institution's charter , in the case of an institution that has a plan, that plan
28: How institutions may use income and capital
Section 201A(1)
a: apply its income and capital in doing whatever the council thinks will—
i: enable the institution to carry out the functions characteristic of an institution of the class to which the institution belongs; and
ii: in the case of an institution that has a plan, enable the institution to achieve the outcomes set out in that plan; and
29: Transfer of Crown assets and liabilities to institutions
Section 206(2) subsection (1) of this section subsection (1)(a) and (b)
30: Annual report
Section 220(2A)(f)
f: in the case of an institution that has a plan, a statement of service performance for that financial year reporting on the performance of the institution as compared with the proposed outcomes described in that plan.
31: Fees for domestic students
Section 227(1A)
a: omitting section 159ZC section 159YA or 159ZC
b: omitting section 159ZD(2) section 159YC or 159ZD(2)
32: Fees for foreign students
Section 228(2A) section 159ZC section 159YA or 159ZC
33: Fees for domestic students must not exceed maximums set in conditions of funding
Section 236C
a: omitting section 159ZC section 159YA or 159ZC
b: omitting section 159ZD(2) section 159YC or 159ZD(2)
34: Interpretation
The definition of provider section 238D section 159ZC section 159YA or 159ZC
35: Functions of Authority
1: Section 253(1) is amended by inserting the following paragraph after paragraph (e):
ea: to establish policies and criteria relating to the quality assurance of providers of adult and community education:
2: Section 253(2) is amended by omitting or (e) (e), or (ea)
3: Section 253(2) is amended by inserting the following paragraph after paragraph (a):
ab: in the case of criteria or policies in respect of bodies that are providing adult and community education, consult—
i: those bodies; or
ii: a body that represents the interests of those bodies; and
4: Section 253(3) is amended by omitting and (e) (e), and (ea)
36: Power to obtain information
Section 255 is amended by inserting the following subsection before subsection (1):
1AA: In this section, institution
37: Service continued for purposes of Part 22
1: Section 279 Career Services is service for purposes of this Part
2: Section 279(1) by the name for the time being specified under section 301A as Career Services
3: Section 279
6: The Service is the same body as the Service that existed under this section immediately before the commencement of section 49 of the Education Amendment Act (No 2) 1998
38: Functions of Service
Section 280(1)(a) data base database
39: Duties of Board
Section 282(a) data base database
40: Transitional provision: institutions and organisations with approved charters and approved profiles
1: Subsection (2) applies to—
a: an institution that, immediately before this Act comes into force, has an approved charter and approved profile under the Education Act 1989
b: an organisation (other than an institution) that, immediately before this Act comes into force, has an approved charter and approved profile under the Education Act 1989
2: On the coming into force of this Act, an institution or organisation to which this subsection applies is to be treated as an institution or organisation that has a plan that has been given funding approval under the Education Act 1989
41: Transitional provision: organisations with approved charters that are exempt from need to have profile
1: Subsection (2) applies to an organisation that, immediately before this Act comes into force,—
a: has an approved charter under the Education Act 1989
b: is exempt from the need to have a profile under the Education Act 1989
2: On the coming into force of this Act, an organisation to which this subsection applies is to be treated as an organisation that the Commission has exempted, under section 159U (as substituted by section 20
42: Transitional provision: organisations with approved profile and exempt from need to have charter
1: Subsection (2) applies to an organisation that, immediately before this Act comes into force,—
a: has an approved profile under the Education Act 1989
b: is exempt from the need to have a charter under the Education Act 1989
2: On the coming into force of this Act, an organisation to which this subsection applies is to be treated as an organisation that the Commission has exempted, under section 159U (as substituted by section 20
43: Transitional provision: organisations exempt from need to have profile and charter
1: Subsection (2) applies to an organisation that, immediately before this Act comes into force,—
a: is exempt from the need to have a profile under the Education Act 1989
b: is exempt from the need to have a charter under the Education Act 1989
2: On the coming into force of this Act, an organisation to which this subsection applies is to be treated as an organisation that the Commission has exempted, under section 159U (as substituted by section 20
44: Transitional provision: organisations funded under section 159ZC(3)
1: Subsection (2) applies to an organisation that immediately before this Act comes into force is funded under section 159ZC(3)
2: On the coming into force of this Act, an organisation to which this subsection applies is to be treated as an organisation that the Commission has decided to fund under section 159ZC(1)
45: Transitional provision: tertiary education strategy and statement of tertiary education priorities
1: Subsection (2) applies to the tertiary education strategy and the statement of tertiary education priorities in existence immediately before this Act comes into force.
2: On the coming into force of this Act, the documents to which this subsection applies must, when read together, be treated as if they are a tertiary education strategy made under section 159AA of the Education Act 1989 (as substituted by section 7
46: Transitional provision: funding mechanisms
1: Subsection (2) applies to funding mechanisms that fund organisations that have approved profiles that are determined and implemented under the Education Act 1989
2: On the coming into force of this Act, a funding mechanism to which this subsection applies is treated as a funding mechanism that provides for funding via plans determined and implemented under the Education Act 1989
3: Subsection (4) applies to funding mechanisms that, immediately before this Act comes into force, fund organisations that do not have profiles.
4: On the coming into force of this Act, a funding mechanism to which this subsection applies must be treated as if it is a funding mechanism to fund organisations other than via plans determined and implemented under the Education Act 1989
47: Validation of determination of design of funding mechanism for student component fund
1: In this section,— consequences Minister SCF funding determination
2: The SCF funding determination must be treated as being, and having always been, as valid and effectual as it would have been if the Minister had taken the actions described in subsection (4).
3: The validity or invalidity, and the consequences, of any action (and of any failure or refusal to act) of any person, whether occurring before or after the commencement of this section, must be determined as if the Minister had taken the actions described in subsection (4).
4: The actions referred to in subsections (2) and (3) are—
a: more than 2 months before 23 January 2007, publishing in the Gazette
b: before making the SCF determination, considering all submissions received before the specified date.
2: Related amendments to other enactments
Amendments to Industry Training Act 1992
48: Principal Act amended
Sections 49 to 52 Industry Training Act 1992 2008-01-01 Industry Training Act 1992
49: Interpretation
1: The definitions of profile statement of tertiary education priorities section 2
2: Section 2 funding approval section 159YA of the Education Act 1989 section 10(2) plan proposed plan section 10(2) section 159YA of the Education Act 1989
50: Industry training organisation's profile must identify activities for which it seeks funding
1: The heading to section 10 profile proposed plan
2: Section 10
1: An industry training organisation that seeks funding under a funding mechanism that provides for funding via plans (as indicated by the Minister under section 159L(2)(b) of the Education Act 1989
a: prepare a proposed plan in accordance with section 159X of the Education Act 1989
b: specify in the proposed plan the activities set out in subsection (2) in relation to which funding is sought; and
c: submit the proposed plan for consideration of funding approval under section 159YA of that Act.
3: Section 10(3) profile proposed plan
4: Section 10
4: Nothing in this section limits any other requirement as to the content of proposed plans that may be specified by the Commission under Part 13A of the Education Act 1989
51: Power to fund if employer switches industry training organisation
Section 10A approve, for funding purposes, the profile of give funding approval to a proposed plan of
52: Matters to which Commission must have regard in determining whether to approve profile for funding purposes
1: The heading to section 11 approve profile for funding purposes give funding approval to proposed plan
2: Section 11 approve an industry training organisation's profile, or a part of its profile, for funding purposes give an industry training organisation's proposed plan funding approval |
DLM413272 | 2007 | Wills Act 2007 | 1: Title
This Act is the Wills Act 2007.
2: Commencement
This Act comes into force on 1 November 2007.
1: Preliminary provisions
3: Purposes
The purposes of this Act are to—
a: replace the Wills Act 1837
b: change aspects of the law contained in the Wills Act 1837
c: provide for other matters relating to wills.
4: Wills to which this Act applies
This Act applies to the wills of persons who die on or after 1 November 2007. 1977 No 55 ss 2(5) 3(2)
5: Act binds the Crown
This Act binds the Crown.
6: Interpretation
For the purposes of this Act, unless the context requires another meaning,— Armed Forces section 33 de facto relationship section 14 disposition
a: the creation by will of a power of appointment; and
b: the exercise by will of a power of appointment document military or seagoing person section 33 movable property section 22(1) operational service section 33 personal representative property section 8(5) seafarer section 33 valid section 7 will section 8 will-maker
a: means a person who makes, changes, revokes, or revives a will; and
b: is the equivalent of testator testatrix Section 6 de facto relationship amended 28 October 2021 section 3 Secondary Legislation Act 2021
7: Meaning of valid
1: A will is valid
a: it complies with section 11
b: it is declared valid under section 14
2: An exercise of a power of appointment by a will that complies with section 11 valid Wills Act 1837 ss 9 10
8: Meaning of will
1: Will
a: is made by a natural person; and
b: does any or all of the following:
i: disposes of property to which the person is entitled when he or she dies; or
ii: disposes of property to which the person's personal representative becomes entitled as personal representative after the person's death; or
iii: appoints a testamentary guardian.
2: When this Act refers to making, changing, revoking, or reviving a will, it means a will as defined in subsection (1).
3: When this Act refers to a will in any other context, it means whichever is appropriate of the following:
a: a will as defined in subsection (1); or
b: a document that changes a will as defined in subsection (1); or
c: a document that revokes a will as defined in subsection (1); or
d: a document that revives a will as defined in subsection (1); or
e: a codicil to a will as defined in subsection (1).
4: A person who may dispose of property during his or her life by a document creating a valid power or trust may dispose of property by his or her will by creating a power or trust of the same kind.
5: In this section, property
a: includes—
i: a contingent, executory, or future interest in property; and
ii: a right of entry to property; and
iii: a right of recovery of property; and
iv: a right to call for the transfer of title to property; and
b: does not include property of which a person is a trustee when he or she dies.
6: Section 108 Wills Act 1837 ss 1 3
2: Wills
1: Making, changing, revoking, and reviving wills
9: Persons who may make, change, revoke, and revive wills
1: A person of 18 years or over may make, change, revoke, and revive a will.
2: A person under 18 years may make, change, revoke, and revive a will if he or she—
a: is married, in a civil union, or in a de facto relationship; or
b: has been married, in a civil union, or in a de facto relationship.
3: A person under 18 years may make, change, revoke, and revive a will if he or she—
a: is not married, in a civil union, or in a de facto relationship; and
b: has never been married, in a civil union, or in a de facto relationship; and
c: has not agreed with another person to marry him or her or enter a civil union with him or her; and
d: satisfies the Family Court
i: making, changing, revoking, and reviving a will; or
ii: doing whichever of those actions he or she asked the court to approve; and
e: has an approval given by the Family Court, with or without conditions, to his or her—
i: making, changing, revoking, or reviving a will; or
ii: doing whichever of those actions he or she asked the court to approve.
4: A person under 18 years may make, change, revoke, and revive a will if, on the date on which his or her will complies with section 11
a: is a military or seagoing person; or
b: is about to comply with an order to train for or join the Armed Forces for operational service; or
c: is about to comply with an order to join a ship as a seafarer. 1955 No 94 s 6(b), (c) 1969 No 40 s 2(1)–(3) 2005 No 25 s 6 Section 9(3)(d) amended 1 March 2017 section 261 District Court Act 2016
10: Persons under 18 who agree to marry or enter civil union
1: A person under 18 years may make, change, revoke, and revive a will if—
a: he or she and another person have agreed to marry each other or enter a civil union with each other; and
b: either—
i: the will expressly says that it is made in contemplation of the marriage or civil union; or
ii: the will does not expressly say that it is made in contemplation of the marriage or civil union but the circumstances existing when it was made show clearly that it was made in contemplation of the marriage or civil union.
2: The will is effective if the marriage or civil union occurs. Validity
11: Requirements for validity of wills
1: A will must be in writing.
2: A will must be signed and witnessed as described in subsections (3) and (4).
3: The will-maker must—
a: sign the document; or
b: direct another person to sign the document on his or her behalf in his or her presence.
4: At least 2 witnesses must—
a: be together in the will-maker's presence when the will-maker—
i: complies with subsection (3)
ii: acknowledges that—
A: he or she signed the document earlier and that the signature on the document is his or her own; or
B: another person directed by him or her signed the document earlier on his or her behalf in his or her presence; and
b: each sign the document in the will-maker's presence.
5: As evidence of compliance with subsection (4)
a: that he or she was present with the other witnesses when the will-maker—
i: signed the document; or
ii: acknowledged that he or she signed the document earlier and that the signature on the document is his or her own; or
iii: directed another person whose signature appears on the document to sign the document on his or her behalf in his or her presence; or
iv: acknowledged that another person directed by him or her signed the document earlier on his or her behalf in his or her presence; and
b: that he or she signed the document in the will-maker's presence.
6: No particular form of words is required for the purposes of subsection (5) Wills Act 1837 s 9 Section 11(3) replaced (with effect on 1 November 2007) 25 February 2012 section 4 Wills Amendment Act 2012 Section 11(4) replaced (with effect on 1 November 2007) 25 February 2012 section 4 Wills Amendment Act 2012 Section 11(5) inserted (with effect on 1 November 2007) 25 February 2012 section 4 Wills Amendment Act 2012 Section 11(6) inserted (with effect on 1 November 2007) 25 February 2012 section 4 Wills Amendment Act 2012
12: Witnesses
1: The person appointed as executor of a will may witness the will.
2: The validity of a will is not affected by the fact that a witness did not know that the document he or she was signing was a will. Wills Act 1837 ss 13 17
13: Witnesses affected by dispositions made to them
1: A disposition of property in a will is void if—
a: the disposition is to a witness; or
b: the disposition is to a witness's wife, husband, civil union partner, or de facto partner; or
c: the property would go to a person claiming under a person described in paragraph (a) or (b).
2: Subsection (1) does not apply if—
a: the will has at least 2 witnesses who are not described in the subsection; or
b: the disposition is the repayment of a debt to a person described in the subsection; or
c: all the persons who would benefit directly from the avoidance of the disposition—
i: consent in writing or electronically to the distribution of the property; and
ii: have legal capacity to give consent; or
d: the High Court is satisfied that the will-maker—
i: knew and approved of the disposition; and
ii: made the disposition voluntarily. Wills Act 1837 ss 15 16 1977 No 55 s 3(1) 2005 No 25 ss 3 4 7
14: High Court may declare will valid
1: This section applies to a document that—
a: appears to be a will; and
b: does not comply with section 11
c: came into existence in or out of New Zealand.
2: The High Court may make an order declaring the document valid, if it is satisfied that the document expresses the deceased person's testamentary intentions.
3: The court may consider—
a: the document; and
b: evidence on the signing and witnessing of the document; and
c: evidence on the deceased person's testamentary intentions; and
d: evidence of statements made by the deceased person. Changing, revoking, and reviving
15: Changes
A valid will, or part of a valid will, may be changed, but only by one of the following means:
a: the change is—
i: written on the will; and
ii: signed and witnessed as described in section 11(3) and (4)
b: the change is described in a note—
i: written on the will; and
ii: signed and witnessed as described in section 11(3) and (4)
c: the change is the obliteration of words in the will in such a way as to prevent their effect being apparent; or
d: the change is declared valid under section 14
e: the change is done under section 34(2) Wills Act 1837 s 21
16: Revocation
A valid will, or part of a valid will, may be revoked, but only by one of the following means:
a: the will-maker makes a later valid will; or
b: the will-maker writes a document that—
i: makes clear his or her intention to revoke the will or the part; and
ii: complies with section 11
c: the will-maker marries or enters a civil union and the will or the part is not saved by any of section 18(2) to (4)
d: the revocation is done under section 34(2)
e: the will-maker, with the intention of revoking the will or the part, destroys the will or the part; or
f: the will-maker, with the intention of revoking the will or the part, directs another person to destroy the will or the part in the will-maker's presence; or
g: the will-maker does anything else in relation to the will that satisfies the High Court that the will-maker intended to revoke the will; or
h: the revocation is declared valid under section 14 Wills Act 1837 s 20
17: Revival
1: A valid will, or part of a valid will, that has been revoked under any of section 16(a) to (d)
a: the will or the part complies with section 11
b: the will-maker makes a codicil that—
i: makes clear his or her intention to revive the will or the part; and
ii: complies with section 11
c: the revival is done under section 34(2)
2: If a will or part of it is revived under subsection (1)(a), the will or part is treated as having been made on the date on which it complied again with section 11
3: If a will or part of it is revived under subsection (1)(b) or (c), the will or part is treated as having been made on the date on which it was first made.
4: If a will or a part is partly revoked and then wholly revoked and then revived, the revival does not apply to the provisions that were partly revoked.
5: Subsection (4) does not apply if the revival makes it clear that the will-maker intended the partly revoked provisions to be revived. Wills Act 1837 s 22 1955 No 94 s 16(8) 1977 No 55 s 2(4) 2005 No 25 s 8(2) Effect on wills of marriages and civil unions starting and ending and will-makers dying
18: Effect on will of will-maker marrying or entering civil union
1: A will is revoked if the will-maker marries or enters a civil union.
2: Subsection (1) is—
a: overridden by section 10
b: overridden by subsection (3); and
c: qualified by subsection (4).
3: Subsection (1) does not apply if—
a: either—
i: the will expressly says that it is made in contemplation of a particular marriage or civil union; or
ii: the will does not expressly say that it is made in contemplation of a particular marriage or civil union but the circumstances existing when it was made show clearly that it was made in contemplation of a particular marriage or civil union; and
b: the marriage or civil union that occurs is the contemplated one.
4: The exercise by will of a power of appointment is not revoked by the will-maker marrying or entering a civil union if the property appointed would not go to the will-maker's personal representative if the will-maker did not exercise the power. Wills Act 1837 s 18 1955 No 94 s 13(1)
19: Effect on will of will-maker's marriage or civil union ending
1: This section applies when—
a: a will-maker makes a will; and
b: after the will-maker makes the will, an order of a kind described in subsection (2) is made to which the will-maker is a party; and
c: the order is in force when the will-maker dies; and
d: the will contains a provision of a kind described in subsection (3).
2: The orders are—
a: an order made under Part 3
b: an order made under section 42
c: an order or decree corresponding to an order described in paragraph (a) or (b) made under an earlier corresponding enactment; or
d: an order, decree, or enactment corresponding to an order described in paragraph (a) or (b) made outside New Zealand that is recognised by the courts in New Zealand.
3: The provisions are—
a: the appointment of the will-maker's spouse or partner as executor or trustee or advisory trustee of the will-maker's will; or
b: the appointment of the will-maker's spouse or partner as a trustee of property disposed of by the will to trustees on trust for beneficiaries who include the spouse's or partner's children; or
c: a disposition to the will-maker's spouse or partner, except for a power of appointment exercisable by the spouse or partner exclusively in favour of the spouse's or partner's children; or
d: a disposition for the payment of a debt secured on—
i: property that belongs to the will-maker's spouse or partner; or
ii: property that devolved by survivorship on the will-maker's spouse or partner.
4: The following apply to a provision of a kind described in subsection (3):
a: the provision is void; and
b: in relation to the provision, the will must be read as if the will-maker's spouse or partner died immediately before the will-maker.
5: Subsection (4) does not apply if the will makes it clear that the will-maker intended—
a: the provision to be effective even if an order of the kind described in subsection (2) were made; and
b: in relation to the provision, the will not to be read as if the will-maker's spouse or partner died immediately before the will-maker. 1977 No 55 s 2(1)–(3)
20: Effect on will of will-maker dying
1: A will's words disposing of property apply to circumstances as they are when the will-maker dies.
2: Subsection (1) does not apply if the will makes it clear that the will-maker intended the words to apply to circumstances as they are at a different time. Wills Act 1837 s 24
2: Administering wills
21: Disposition of land
1: A disposition in a will of land must be read as referring to the interest in the land to which the will-maker is entitled when he or she dies.
2: A disposition in a will of land that has not been brought under the Land Transfer Act 1952
3: A disposition in a will of an interest that has not been registered under the Land Transfer Act 1952
4: This section does not apply if the will makes it clear that the will-maker intended the disposition to be of a particular kind of interest. Wills Act 1837 ss 26 28
22: Disposition of movable property
1: In this section, movable property
a: includes—
i: a charge on, or an interest in a charge on, land in New Zealand; and
ii: an interest in the proceeds of sale of land in New Zealand; and
b: does not include a leasehold interest in, or an interest in a leasehold interest in, land in New Zealand.
2: Subsection (3) applies to a disposition of movable property in a will that—
a: is made in New Zealand; and
b: is made by any person, whatever his or her domicile when—
i: the will was made; or
ii: he or she died.
3: The disposition meets the requirements for being admitted to probate in New Zealand if the will—
a: complies with section 11
b: was made as required by the law of the place where the person was domiciled when the will was made; or
c: was made as required by the law of the place where the person was domiciled when he or she died.
4: Subsection (5) applies to a disposition of movable property in a will that—
a: is made outside New Zealand; and
b: is made by any person, whatever his or her domicile when—
i: the will was made; or
ii: he or she died.
5: The disposition meets the requirements for being admitted to probate in New Zealand if the will was made as required by—
a: the law of the place where the will was made; or
b: the law of the place where the person was domiciled when the will was made; or
c: the law in force, when the will was made, in the place where the person had his or her domicile of origin; or
d: the law of the place where the person was domiciled when he or she died.
6: A disposition in a will of movable property in New Zealand is not revoked, does not become void, and is not interpreted differently only because the will-maker's domicile changes later. 1955 No 94 s 14(1)–(4)
23: Disposition to child
1: This section applies when—
a: a will-maker makes a will disposing of property to a child ( child
b: the disposition is to the child as a named beneficiary or as a member of a class; and
c: the child dies—
i: before or after the will-maker makes the will; and
ii: before the will-maker dies; and
d: the child leaves a child ( grandchild
e: the grandchild is alive when the will-maker dies.
2: The will must be read as disposing of the property—
a: to the grandchild; or
b: among the grandchildren in equal shares, if more than 1 is alive when the will-maker dies.
3: Subsection (2) does not apply to a disposition—
a: that is expressly or impliedly stated to be conditional on the child being alive—
i: at or after the time when the will-maker dies; or
ii: at a time or event that will occur after the will-maker dies; or
b: that is expressly or impliedly stated to be conditional on the fulfilment of any other contingency, if the contingency has not been fulfilled before the will-maker dies; or
c: that is a specific disposition of personal chattels, as defined in the Administration Act 1969
d: that is to a person as one of 2 or more joint tenants.
4: Subsection (2) does not apply if the will makes it clear that the will-maker intended to dispose of the property other than to the grandchild or grandchildren. Wills Act 1837 s 33 1955 No 94 s 16(1)–(4)
24: Disposition to issue
1: This section applies when a will disposes of property to the will-maker's issue without limitation as to the remoteness of the issue.
2: The property is to be held in the same manner as section 78
3: Subsection (2) does not apply if the will makes it clear that the will-maker intended the property to be held in a different manner.
25: Disposition to unincorporated association of persons
1: This section applies when a will disposes of property—
a: to an unincorporated association of persons that is not a charity; or
b: to or on trust for the purposes of an unincorporated association of persons that is not a charity; or
c: to or on trust for the present and future members of an unincorporated association of persons that is not a charity.
2: The will-maker's executor must do one of the following with the property that is the subject of the disposition:
a: transfer it to the association; or
b: pay it into the general funds of the association, if necessary after turning it into money.
3: The transfer of the property is an absolute discharge to the executor for the transfer of the property, if all the following apply:
a: the transfer is to 1 or more persons; and
b: the persons are designated in writing or electronically; and
c: the designation is by any 2 persons doing the duties of president, treasurer, or secretary of the association.
4: A receipt issued by a person doing the duties of treasurer of the association is an absolute discharge to the executor for the payment into the general funds of the association.
5: Subsections (3) and (4) do not apply as follows:
a: subsection (3) does not apply if the will makes it clear that the will-maker intended the transfer to be handled in some other way:
b: subsection (4) does not apply if the will makes it clear that the will-maker intended the payment to be handled in some other way.
6: The following are not objections to the effectiveness of a disposition to an unincorporated association of persons:
a: that a list cannot be compiled of the association's members at the time when the will-maker died; or
b: that the association's members have no power to divide the association's assets beneficially amongst themselves.
7: Section 61B
26: Disposition may encompass power of appointment
1: A disposition in a will that is capable of including property over which the will-maker has a power of appointment must be read as—
a: including the property; and
b: being an exercise of the power.
2: Subsection (1) does not apply if the will makes it clear that the will-maker—
a: intended the disposition not to include property over which he or she had a general power of appointment; or
b: intended the disposition not to be an exercise of the power. Wills Act 1837 s 27
27: Disposition of property already partly disposed of
1: This section applies when a will-maker—
a: makes a will; and
b: later disposes of an interest in property disposed of by the will.
2: The will applies to any interest in the property to which the will-maker is entitled when he or she dies.
3: Subsection (2) does not apply if the will makes it clear that the will-maker intended the disposition in the will to be void. Wills Act 1837 s 23
28: Disposition in fractional parts
1: This section applies when—
a: a will disposes in fractional parts of—
i: all the will-maker's property; or
ii: the will-maker's residuary estate; and
b: a part fails.
2: The failed part goes—
a: to the part that does not fail; or
b: if there is more than 1 part that does not fail, to all those parts proportionately.
3: Subsection (2) does not apply if the will makes it clear that the will-maker intended a part that fails to be disposed of differently.
29: Residuary estate
1: If a disposition of property in a will is unable to take effect, the property falls into the residuary estate.
2: Subsection (1) does not apply to property over which the will-maker has exercised a power of appointment by will.
3: Subsection (1) does not apply if the will makes it clear that the will-maker intended the property not to fall into the residuary estate. Wills Act 1837 s 25
30: Mutual wills
1: This section applies when—
a: 2 persons make wills in which each—
i: disposes of property on which the 2 persons have agreed; and
ii: makes the disposition in a way on which the 2 persons have agreed; and
b: each promises the other that he or she will not—
i: revoke the will without making another will that keeps the agreement in the same or a better way; or
ii: change the will in a way that fails to keep the agreement in the same or a better way; or
iii: dispose, during his or her life, of some or all of an item of property that the will specifically disposes of; and
c: the first of them to die ( person A
d: the second of them to die ( person B
2: A person who would have received a benefit from person B's will if person B had kept the promise may claim from person B's estate any part of the benefit that person B's estate does not provide.
3: The agreements referred to in subsection (1)(a), and the promise referred to in subsection (1)(b), may be made orally, in writing, or electronically.
31: Correction
1: This section applies when the High Court is satisfied that a will does not carry out the will-maker's intentions because it—
a: contains a clerical error; or
b: does not give effect to the will-maker's instructions.
2: The court may make an order correcting the will to carry out the will-maker's intentions.
32: External evidence
1: This section applies when words used in a will make the will, or part of it,—
a: meaningless; or
b: ambiguous on its face; or
c: uncertain on its face; or
d: ambiguous in the light of the surrounding circumstances; or
e: uncertain in the light of the surrounding circumstances.
2: The High Court may use external evidence to interpret the words in the will that make the will or part meaningless, ambiguous, or uncertain.
3: External evidence includes evidence of the will-maker's testamentary intentions.
4: The court may not use the will-maker's testamentary intentions as surrounding circumstances under subsection (1)(d) or (e).
3: Military or seagoing persons
33: Definitions for this subpart
1: For the purposes of section 9(4) Armed Forces section 2(1) military or seagoing person
a: a member of the Armed Forces—
i: on operational service; or
ii: at sea; or
b: a seafarer at sea; or
c: a prisoner of war who, immediately before he or she was captured or imprisoned, was described by paragraph (a) or (b) operational service section 15(3) seafarer section 2(1)
2: For the purposes of this subpart,— informal testamentary action
a: is one of the following:
i: making a will; or
ii: changing a will; or
iii: revoking a will; or
iv: reviving a will; and
b: produces an informal will informal will prisoner of war section 2(1) 1955 No 94 ss 3 4
34: Military or seagoing persons may do informal testamentary actions
1: A military or seagoing person of any age may make an informal will containing any provision that may lawfully be contained in a valid will.
2: A military or seagoing person of any age may change, revoke, or revive a valid will or an informal will by any words, written or oral, as long as they show an intention to change, revoke, or revive the will.
3: Section 108 1955 No 94 ss 5(1)–(3) 6(a)
35: Oral informal testamentary actions
1: Subsection (2) applies when a military or seagoing person orally makes, changes, revokes, or revives an informal will.
2: The will, change, revocation, or revival has effect only if the will-maker dies within 12 months after making the will or doing the change, revocation, or revival.
3: Subsection (4) applies when—
a: a prisoner of war orally makes, changes, revokes, or revives an informal will; or
b: a person becomes a prisoner of war within 12 months after orally making, changing, revoking, or reviving an informal will.
4: The will, change, revocation, or revival has effect only if the will-maker dies—
a: while he or she is a prisoner of war; or
b: within 12 months after he or she ceases to be a prisoner of war. 1955 No 94 s 9
36: Proof of informal testamentary actions
Informal testamentary actions may be proved by any evidence that the High Court considers sufficient, regardless of any provision to the contrary in any other enactment. 1955 No 94 s 5(6)
37: Certificate as to application of this subpart
1: A certificate may be given under subsection (2) as to a fact that has to be proved to establish one of the following:
a: that at a material date a person was a military or seagoing person; or
b: that at the material date a person was entitled under section 9(4)
2: A certificate given under this subsection must be given,—
a: in the case of a person who at the material date was a member of the Armed Forces, by an officer of the Armed Forces; or
b: in the case of a person who at the material date was a seafarer on a ship or had received orders to join a ship as a seafarer, by an officer of the ship.
3: The following apply to a certificate given under subsection (2):
a: the certificate is sufficient evidence of the fact, in the absence of proof to the contrary; and
b: judicial notice must be taken of the appointment and signature of the officer giving it. 1955 No 94 s 6A
38: Modification of provisions in application to wills of military or seagoing persons
1: Section 13(1)(a) and (b)
2: Section 15(a) and (b)
a: while the will-maker is a military or seagoing person; and
b: by—
i: the will-maker; or
ii: another person directed by the will-maker who makes the change in the will-maker's presence.
3: Section 16(f) in the will-maker's presence 1955 No 94 s 7
4: Transitional and amendment provisions
39: Wills of persons who die before 1 November 2007
1: Schedule 1 The Wills Act 1837: sections 1, 3, 6, 9, 10, 13 to 31, and 33. The Wills Act 1837: sections 1, 3, 6, 9, 10, 13 to 31, and 33, for persons who die before 1 November 2007. 2007-11-01 Schedule 1
2: Schedule 1 The Wills Act Amendment Act 1852: sections 1, 3, and 4. The Wills Act Amendment Act 1852: sections 1, 3, and 4, for persons who die before 1 November 2007. 2007-11-01 Schedule 1
3: Amendments to the Wills Act 1837
40: Wills made before 1 November 2007
1: The subsections in this section must be applied cumulatively. This means, for example, that subsections (2), (3), and (4) apply to a will made in 1969.
2: For wills made before 1 November 2007,—
a: section 8(4)
b: section 9(2) of 16 or 17 years under 18 years
c: section 9(3) of 16 or 17 years under 18 years
d: section 9(3)(c)
e: section 9(3)(d)
i: it said District Court or Public Trust Family Court
ii: it said making or revoking a will
i: making, changing, revoking, and reviving a will; or
ii: doing whichever of those actions he or she asked the court to approve
f: section 9(3)(e)
i: it said District Court or Public Trust Family Court
ii: it did not contain the words , with or without conditions,
iii: it said making or revoking a will
i: making, changing, revoking, or reviving a will; or
ii: doing whichever of those actions he or she asked the court to approve
g: section 9(4) of 16 or 17 years under 18 years
h: section 10
i:
j: section 13(2)(c) and (d)
k:
l:
m: section 16(c) or enters a civil union
n: section 16(g)
o: section 18(1), (3), and (4) or enters a civil union or civil union or entering a civil union
p: section 18(2)(a)
q: section 19
i: subsection (2)(a), and the references to it in subsection (2)(c) and (d), did not appear; and
ii: the words in relation to the dissolution of a marriage
iii: subsections (3) to (5) did not contain the words or partner or partner's
r: sections 24 25 28 30
3: For wills made before 26 April 2005,—
a: section 9 , in a civil union, or in a de facto relationship or enter a civil union with him or her
b: section 13(1) witness's wife or husband witness's wife, husband, civil union partner, or de facto partner
4: For wills made before 1 January 1970, section 9
a: subsections (1) and (4) said 21 years 18 years
b: subsections (2) and (3) did not appear.
5: For wills made before 1 January 1959, section 23
a: subsections (2)(b) and (3) did not appear; and
b: subsection (4) did not contain the words or grandchildren
6: For wills made before 27 October 1955, section 22
7: For wills made before 5 December 1944, section 18(2)(b) 1955 No 94 ss 11(5) 13(2) 14(5) 16(6), (7) 1969 No 40 ss 2(4) 5 1977 No 55 ss 2(5) 3(2) 4 2005 No 25 s 8(1) Section 40(2)(i) repealed (with effect on 1 November 2007) 25 February 2012 section 5 Wills Amendment Act 2012 Section 40(2)(k) repealed (with effect on 1 November 2007) 25 February 2012 section 5 Wills Amendment Act 2012 Section 40(2)(l) repealed (with effect on 1 November 2007) 25 February 2012 section 5 Wills Amendment Act 2012 Section 40(2)(n) replaced (with effect on 1 November 2007) 25 February 2012 section 5 Wills Amendment Act 2012
40A: Application of Wills
1: Sections 11 40 Wills Amendment Act 2012 commencement
2: Subsection (1) applies whether or not the determination—
a: is made by the High Court, a Judge of the High Court, a Registrar or Senior Deputy Registrar of the High Court, a personal representative (as defined in section 6
b: arises from, or without, an application for administration (whether without notice, or in solemn form) made before or after the commencement (including, without limitation, one in solemn form made before or after the commencement and following one without notice made unsuccessfully before the commencement):
c: arises from an application made before or after the commencement for a review by the High Court or a Judge of the High Court of a determination made by a Registrar or Senior Deputy Registrar of the High Court made before or after the commencement.
3: But this section and sections 11 40 Wills Amendment Act 2012
a: a grant of administration (as defined in section 2(1)
b: a payment made or other action taken before the commencement and that an enactment authorised without a grant of administration (as so defined). Section 40A inserted 25 February 2012 section 6 Wills Amendment Act 2012 Section 40A heading amended 5 December 2013 section 4 Wills Amendment Act 2013
41: Consequential amendments
The enactments specified in the Schedule |
DLM410214 | 2007 | Bail Amendment Act 2007 | 1: Title
This Act is the Bail Amendment Act 2007.
2: Commencement
This Act comes into force on a day to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates. Section 2 brought into force 1 October 2007 clause 2 Bail Amendment Act 2007 Commencement Order 2007 (SR 2007/258).
3: Principal Act amended
This Act amends the Bail Act 2000
4: New section 8 substituted
Section 8
8: Consideration of just cause for continued detention
1: In considering whether there is just cause for continued detention, the court must take into account—
a: whether there is a real and significant risk that—
i: the defendant may fail to appear in court on the date to which the defendant has been remanded; or
ii: the defendant may interfere with witnesses or evidence; or
iii: the defendant may offend while on bail; and
b: any matter that would make it unjust to detain the defendant.
2: In considering whether there is just cause for continued detention under subsection (1)
a: the nature of the offence with which the defendant is charged, and whether it is a grave or less serious one of its kind:
b: the strength of the evidence and the probability of conviction or otherwise:
c: the seriousness of the punishment to which the defendant is liable, and the severity of the punishment that is likely to be imposed:
d: the character and past conduct or behaviour, in particular proven criminal behaviour, of the defendant:
e: whether the defendant has a history of offending while on bail, or breaching court orders, including orders imposing bail conditions:
f: the likely length of time before the matter comes to hearing or trial:
g: the possibility of prejudice to the defence in the preparation of the defence if the defendant is remanded in custody:
h: any other special matter that is relevant in the particular circumstances.
3: For the avoidance of doubt, in considering whether there is just cause for continued detention under this section, a breach of bail conditions may only be taken into account under subsection (2)(e) subsection (1)(a)
4: When considering an application for bail, the court must take into account any views of a victim of an offence of a kind referred to in section 29 of the Victims' Rights Act 2002 section 30 of that Act
5: In deciding, in relation to a defendant charged with an offence against section 49(1)(a) or (b) of the Domestic Violence Act 1995 OIC 2007-10-01 section 8
5: Bail on adjournment
Section 28 subsection (2)
2: A Registrar may exercise the power conferred by subsection (1)
a: the informant does not oppose bail and the offence with which the defendant has been charged—
i: is not punishable by imprisonment; or
ii: is punishable by a term of imprisonment of not more than 10 years; or
b: the prosecution agrees. OIC 2007-10-01 section 28(2)
6: Bail on deferment of sentence
1: Section 39A(1) section 80W deferred under OIC 2007-10-01 section 39A(1)
2: Section 39A(3) paragraphs (a) (b)
a: if the sentence is deferred under section 80W of the Sentencing Act 2002
i: go to and remain at the home detention residence (as defined in section 4 of that Act section 80C(3)(a) or (b) of that Act
ii: advise a probation officer as soon as possible of any change in circumstances affecting the availability or suitability of the home detention residence; or
b: if the sentence is deferred under section 100 of the Sentencing Act 2002 OIC 2007-10-01 Section 39A(3)
7: Bail on deferment of sentence
1: Section 65A(1) section 80W deferred under OIC 2007-10-01 65A(1)
2: Section 65A(3) paragraphs (a) (b)
a: if the sentence is deferred under section 80W of the Sentencing Act 2002
i: go to and remain at the home detention residence (as defined in section 4 of that Act section 80C(3)(a) or (b) of that Act
ii: advise a probation officer as soon as possible of any change in circumstances affecting the availability or suitability of the home detention residence; or
b: if the sentence is deferred under section 100 of the Sentencing Act 2002 OIC 2007-10-01 Section 65A(3) |
DLM410010 | 2007 | Evidence Amendment Act 2007 | 1: Title
This Act is the Evidence Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Evidence Act 2006
1: Substantive amendments
4: Application
Section 5(3) Act section
5: New section 12A inserted
The following section is inserted after section 12
12A: Rules of common law relating to statements of co-conspirators, persons involved in joint criminal enterprises, and certain co-defendants preserved
Nothing in this Act affects the rules of the common law relating to—
a: the admissibility of statements of co-conspirators or persons involved in joint criminal enterprises; or
b: the admissibility of a defendant's statement against a co-defendant in circumstances where the defendant's statement is accepted by the co-defendant.
6: Defendants' statements offered by prosecution
Section 27
4: To avoid doubt, this section is subject to section 12A
2: Consequential amendments
7: Exclusion of unreliable statements
Section 28(1)(a) or, if applicable, a co-defendant the defendant
8: Exclusion of statements influenced by oppression
Section 29(1)(a) or, if applicable, a co-defendant the defendant
9: Improperly obtained evidence
Section 30(1)(a) or, if applicable, a co-defendant the defendant |
DLM1001800 | 2007 | Court Martial Appeals Amendment Act 2007 | 1: Title
This Act is the Court Martial Appeals Amendment Act 2007.
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different provisions. OIC SR 2008/234 2009-07-01 Courts Martial Appeals Act 1953 Section 2 brought into force 1 July 2009 Court Martial Appeals Amendment Act 2007 Commencement Order 2008
3: Principal Act amended
This Act amends the Act that was previously called the Courts Martial Appeals Act 1953
4: Name of Courts Martial Appeals Act 1953 changed
1: After the commencement of this section, the Courts Martial Appeals Act 1953 Court Martial Appeals Act 1953
2: The Title of the Courts Martial Appeals Act 1953
a: by omitting Courts Martial Appeal Court Court Martial Appeal Court
b: by omitting courts martial the Court Martial
3: Section 1(1) Courts Court
4: Every reference in any enactment or in any document to the Courts Martial Appeals Act 1953 Court Martial Appeals Act 1953
5: Interpretation
1: The definition of appellant section 2(1) a court martial the Court Martial
2: The definition of Court section 2(1) Courts Court
3: Section 2(1) court martial Court Martial section 8 of the Court Martial Act 2007 Director of Military Prosecutions section 101E of the Armed Forces Discipline Act 1971 Judge Advocate General section 203 of the Armed Forces Discipline Act 1971
4: Section 2(3)
6: Heading above section 3 amended
The heading above section 3 Courts Court
7: Constitution of Courts Martial Appeal Court
1: The heading to section 3 Courts Court
2: Section 3 Courts Martial Appeal Court Court Martial Appeal Court
3: Section 3 subsections (2) and (3)
2: An appointed Judge continues to hold office—
a: unless he or she sooner vacates, or ceases to hold, or is removed from office under subsection (3)
b: until his or her successor comes into office.
3: An appointed Judge—
a: may resign from office by giving the Minister written notice to that effect and stating when the resignation takes effect:
b: ceases to hold office when he or she reaches the age of 75 years:
c: ceases to hold office if he or she is, under the Insolvency Act 2006
d: may be removed from office only by the Sovereign or the Governor-General, acting upon the address of the House of Representatives.
3A: An address under subsection (3)(d)
a: the appointed Judge's misbehaviour; or
b: the appointed Judge's incapacity to discharge the functions of his or her office.
3B: Each appointed Judge is to be paid, out of public money, without further authority than this section,—
a: a salary at the rate that the Remuneration Authority determines; and
b: any allowances that are determined by the Remuneration Authority; and
c: any additional allowances (being travelling allowances or other incidental or minor allowances) that may be determined by the Governor-General.
8: Supplementary provisions as to Court
Section 4 Chief Justice Chief High Court Judge
9: Registrar and officers of Court
Section 5(2) Courts Court
10: New sections 6 to 9AC substituted
Sections 6 to 9A
6: Appeal against decision of Court Martial relating to bail
1: This section applies to a decision made by a Judge of the Court Martial to—
a: grant or refuse bail to a person in custody under the Armed Forces Discipline Act 1971
b: impose or substitute or revoke or vary any condition of bail; or
c: refuse to impose any condition of bail or any particular condition of bail; or
d: refuse to vary or revoke any condition of bail.
2: Either the Director of Military Prosecutions or the accused may appeal to the Court against a decision to which this section applies—
a: within 21 days after the date of the decision; or
b: within any further time that the Court may allow.
3: For the purposes of an appeal under this section, the failure of a Judge of the Court Martial to impose any condition of bail, or any particular condition of bail, on any occasion on which the condition could lawfully have been imposed is deemed to be a refusal to impose the condition.
7: Appeal against ruling
1: This section applies to a ruling given by a Judge of the Court Martial on a question of law or procedure that arises during proceedings in that court.
2: Either the Director of Military Prosecutions or the accused may, with the leave of the Court obtained in accordance with section 8
3: On an appeal under this section, the Court may—
a: confirm the ruling; or
b: vary the ruling; or
c: set the ruling aside.
4: If subsection (3)(c)
a: could have been made in the first place; and
b: the Court thinks appropriate.
5: In this section, question of law
a: a plea to the general jurisdiction of the Court Martial:
b: a plea in bar of trial:
c: an application for the separation of trials:
d: an application for the severance of charge sheets:
e: an application for the severance of charges:
f: a submission that there is no case to answer:
g: the admissibility of evidence:
h: an application for a ruling referred to in section 30(2)(a) of the Court Martial Act 2007
i: an application for an order specified in section 39(2) of the Court Martial Act 2007
j: an order under any of sections 139 to 141 of the Criminal Justice Act 1985 Armed Forces Discipline Act 1971 section 145 of that Act
k: an application for discovery.
8: Procedure for obtaining leave of Court to appeal against ruling
1: If a person wishes to obtain the leave of the Court to appeal under section 7
a: must, within 10 days after the ruling is given, give notice of the application for leave to appeal in any manner that may be directed by rules of the Court; and
b: may do so—
i: whether or not reasons for the ruling are given at a later date; and
ii: whether or not any formal steps to sign, enter, or otherwise perfect the ruling are necessary or are taken later.
2: The time within which notice of an application for leave to appeal to the Court under this section must be given may be extended at any time by the Court.
3: Despite the making of an application for leave to appeal under this section, the Court Martial may, if it is satisfied that it is in the interests of justice to do so, proceed with the trial without awaiting the determination of the application.
9: Right of appeal against conviction or sentence
1: A person convicted by the Court Martial may appeal to the Court against—
a: the conviction; or
b: the sentence imposed for the conviction (unless the sentence is one fixed by law); or
c: both.
2: The Director of Military Prosecutions may appeal to the Court against the sentence imposed by the Court Martial, unless the sentence is one fixed by law.
3: An appeal under this section must be brought—
a: within 21 days after the date of the decision appealed against; or
b: within any further time that the Court may allow.
4: If an appeal under subsection (2)
a: lapses on that date; and
b: is deemed to have been dismissed by the Court for non-prosecution.
5: For the purposes of this section, sentence
9A: Determination of appeals against conviction
1: On an appeal to the Court against conviction, the Court must—
a: allow the appeal if it considers that—
i: the finding of the Court Martial 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 Court Martial involves a wrong decision on a question of law; or
iii: there was, on any ground, a miscarriage of justice; or
iv: the trial was a nullity; or
b: dismiss the appeal in any other case.
2: However, the 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 Court allows an appeal, the Court—
a: may squash the conviction; and
b: may do any of the following:
i: direct a judgment and finding of acquittal to be entered; or
ii: direct a new trial; or
iii: make any other order that justice requires.
9AB: Determination of appeals against sentence
On an appeal to the Court against sentence, the Court must—
a: do either of the following if it thinks that a different sentence should have been imposed:
i: quash the sentence imposed and impose any other sentence warranted in law (whether more or less severe) in substitution for the sentence that was quashed; or
ii: vary, within the limits warranted in law, the sentence or any part of it or any condition imposed in it; or
b: dismiss the appeal in any other case.
9AC: Substitution of conviction on different charge
1: This section applies if—
a: an appellant has been convicted of an offence; and
b: the Court Martial could have found the appellant guilty of some other offence (being an included offence or an offence that was recorded as an alternative charge in the charge sheet); and
c: on the finding of the Court Martial it appears to the Court that the Court Martial must have been satisfied of facts that proved the appellant guilty of that other offence.
2: The Court may, instead of allowing or dismissing the appeal,—
a: substitute for the finding of the Court Martial a finding of guilty of that other offence; and
b: impose a sentence in substitution for the sentence imposed that may be warranted in law for that other offence (which must not be a sentence of greater severity).
11: Variation of conviction so as to attract different sentence
1: Section 9B court martial Court Martial
2: Section 9B(1) by which he was tried
12: Section 9C repealed
Section 9C
13: Term of sentence passed under sections 9, 9A, 9B, and 9C
1: The heading to section 9D sections, 9, 9A, 9B, and 9C sections 9AB, 9AC, and 9B
2: Section 9D(1) section 9, section 9A, section 9B, or section 9C of this Act section 9AB, 9AC, or 9B
3: Section 9D(2)
2: A sentence passed by the Court under section 9AB, 9AC, or 9B is deemed to be a sentence passed by the Court Martial for the purposes of the Armed Forces Discipline Act 1971
4: Section 9D
a: by omitting a court martial the Court Martial
b: by omitting the court martial the Court Martial
14: Appeal against acquittal on account of insanity
1: Section 9E(1) a court martial the Court Martial
2: Section 9E the court martial the Court Martial
15: Appeal by accused against finding relating to fitness to stand trial
1: Section 9EA(1) a court martial the Court Martial
2: Section 9EA(7)
7: If the result of the appeal is that the appellant is fit to stand trial, the Court must give written notice of that fact to the Director of Military Prosecutions, who may then lay before the Registrar the charge sheet that, in accordance with section 101E(c) of the Armed Forces Discipline Act 1971
16: Powers of Court to acquit on account of insanity on appeal against conviction
Section 9F(2)
a: by omitting a court martial the Court Martial
b: by omitting courts martial the Court Martial
17: New section 10 substituted
Section 10
10: Appeals to Court of Appeal or Supreme Court
1: With the leave of the court appealed to, a party to an appeal under any of sections 6, 7, or 9
2: Subsection (1) section 14 of the Supreme Court Act 2003
3: An application for leave to appeal under this section must be made—
a: within 28 days after the date of the issue of the decision or within any further time that the court appealed to may allow; and
b: in the manner that may be directed by rules of the court appealed to for leave to appeal to that court.
18: Appeals to Supreme Court from Court of Appeal
Section 10A the appellant in an appeal to the Court of Appeal under section 10(3) a party to an appeal to the Court of Appeal under section 10
19: New section 10B substituted
Section 10B
10B: Effect of appeal
Neither an application for leave to appeal, nor an appeal, under section 10 or 10A
20: Powers and procedure of Court of Appeal and Supreme Court
Section 10C
a: omitting section 10(3) or section 10A or section 10B(1) section 10 or 10A
b: omitting Courts Martial Appeal Court Court
21: Supplementary powers of the Court
1: Section 11(b)
b: order that all necessary steps be taken to obtain from any military member who sat in the Court Martial at the trial of the appellant, or from the Judge at that trial, a report that—
i: sets out that person'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: .
2: Section 11
2: The Court must not make an order under subsection (1)(b)
a: it also makes an order for the purpose of obtaining a report from the Judge at the trial; or
b: it is satisfied that obtaining a report from the Judge at the trial is impracticable or would involve undue delay.
22: New section 12 substituted
Section 12
12: Right of appellant to present case in writing
1: An appellant may, instead of having his or her case presented orally, have it presented in writing.
2: If subsection (1)
23: Section 13 repealed
Section 13
24: Defence of appeals
Section 15
a: by omitting a court martial the Court Martial
b: by omitting Chief of Defence Force Director of Military Prosecutions
25: Court may make an order for the payment of compensation or restitution of property
1: Section 19 a court martial the Court Martial
2: Section 19(1) the court martial which tried the appellant the Court Martial
3: Section 19(2) a reviewing authority has approved or varied the order or has not yet reviewed the order, or where a reviewing authority has made an order under subsection (1) of section 160 of the said Armed Forces Discipline Act 1971
4: Section 19(2)(d) to the authority
26: New section 20 substituted
Section 20
20: Person not to be tried again if conviction quashed
1: A person whose conviction by the Court Martial for an offence has been quashed under this Act is not liable to be tried again for that offence by the Court Martial or by any other court.
2: Subsection (1) section 9A(3)
27: New sections 20A to 20C inserted
The following sections are inserted after section 20
20A: Judge may grant bail pending appeal
1: On an appeal under section 9(1)
a: is not entitled to bail as of right; and
b: may not go at large without bail.
2: A Judge of the Court may, on an application for bail by the appellant,—
a: grant bail to the appellant:
b: impose any conditions of bail that the Judge thinks fit.
3: In determining whether to grant bail under this section, the Judge—
a: must take into account all of the following considerations:
i: the seriousness of the offence:
ii: whether there are urgent and exceptional circumstances that favour the granting of bail:
iii: the effect on service discipline of releasing the person on bail; and
b: may take into account the considerations set out in section 14(3) of the Bail Act 2000
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.
4: The onus is on the appellant to show cause why bail should be granted.
20B: Issue of warrant to arrest appellant absconding or breaching bail condition
1: A Judge may issue a warrant in the prescribed form for the arrest of an appellant who has been released on bail under section 20A
a: the Judge is satisfied by evidence on oath that—
i: the appellant has absconded or is about to abscond for the purpose of evading justice; or
ii: the appellant has contravened or failed to comply with any condition of bail; or
b: the appellant does not attend personally at the time and place specified in the grant of bail.
2: The warrant—
a: must be directed to every provost officer and every member of the police; and
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 member of the police.
3: For the purpose of executing the warrant, a person referred to in subsection (2)(b)
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: must, 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)
20C: Appellant arrested under warrant for absconding or breaching bail condition must be brought before Judge
1: An appellant who is arrested under a warrant issued under section 20B
2: The Judge must reconsider the question of bail if satisfied that the appellant—
a: had absconded or was about to abscond; or
b: has contravened or failed to comply with any condition of bail.
28: New section 22 substituted
Section 22
22: Furnishing, on appeal, documents relating to trial
In every appeal under section 7 or 9
29: Duties of Registrar with respect to appeals, etc
1: Section 23(1) court martial before which the appellant or applicant was tried Court Martial
2: Section 23(2) court martial the Court Martial
30: New sections 24 and 24A substituted
Section 24
24: Special references to Court
1: The Judge Advocate General may refer to the Court a finding made, a conviction entered, or a sentence passed in any proceedings in the Court Martial if the Judge Advocate General thinks that it is in the interests of justice or discipline to do so.
2: The Minister may refer to the Court a finding made in any proceedings in the Court Martial if the Minister thinks that the Court should consider or reconsider that finding because of matters that the Minister considers have not been brought to the notice of the Court Martial.
3: A referral under this section must, for the purposes of this Act, be treated as an appeal against conviction by the person convicted.
4: In this section, finding
24A: Person concerned 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 or the Minister under section 24
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, conviction, or sentence 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 Court may deal with a reference from the Judge Advocate General or the Minister 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)
3: In this section, prescribed period subsection (1)(b)
31: New section 25 substituted
Section 25
25: Exercise of certain Court powers by 1 Judge
1: A Judge of the Court may exercise any of the following powers of the Court under this Act in the same manner, and subject to the same provisions, as they may be exercised by the Court:
a: to give leave to appeal against a ruling under section 7
b: to extend the period within which an application for leave to appeal against a ruling under section 7
c: to allow an appellant to be present at any proceedings under this Act.
2: However, if the Judge refuses an application for the exercise of any of the powers specified in subsection (1)
3: A request under subsection (2)
a: within the prescribed period; and
b: in the prescribed form and manner.
32: Rules of Court
Section 26(1) Judicature Amendment Act 1930 Judicature Act 1908
33: Regulations
1: Section 26A(a)(i)
2: Section 26A(a)(ii)
ii: a person appointed by the Court under section 11(1)(c)
iii: a person appointed by the Court under section 11(1)(e)
iv: a person appointed by the Court under section 11(1)(f) .
3: The enactment, by subsection (2) Courts Martial Appeals Act 1953
34: Continuation of existing proceedings before Court
1: This section applies to proceedings before the Court—
a: that were commenced before the commencement of this section; and
b: that are not withdrawn or finally determined before that commencement.
2: Proceedings to which this section applies are to be continued and completed under the principal Act as if this Act had not been enacted.
35: Consequential amendments to other enactments
The enactments specified in the Schedule are amended in the manner indicated in that schedule. OIC SR 2008/234 2009-07-01 Courts Security Act 1999 Electronic Transactions Act 2002 Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 Oaths and Declarations Act 1957 Remuneration Authority Act 1977 Supreme Court Act 2003 Corrections Regulations 2005 |
DLM968292 | 2007 | Friendly Societies and Credit Unions Amendment Act 2007 | 1: Title
This Act is the Friendly Societies and Credit Unions Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Friendly Societies and Credit Unions Act 1982 2007-09-20 Friendly Societies and Credit Unions Act 1982
4: Applications for registration of societies
Section 12(2) at least 2 copies a copy
5: Branches to be registered concurrently with society
Section 14(1)(d) two copies a copy
6: Revising Barrister may examine rules
Section 16(1) copies copy
7: Acknowledgement of registration
1: Section 17(1)(b)
2: Section 17(3) and publish, by notice in the Gazette
8: Amendment of rules
Section 23(1) 2 copies a copy
9: Conversion of society into branch
Section 88(4)(b)
a: omitting two copies a copy
b: omitting a copy of
10: Application for registration of Association
Section 145(2) at least 2 copies a copy |
DLM968368 | 2007 | Land Transport Amendment Act 2007 | 1: Title
This Act is the Land Transport Amendment Act 2007.
2: Commencement
1: This Act, except for sections 6 7
2: Section 6 section 19 of the Land Transport Amendment Act 2005
3: Section 7 section 39 of the Land Transport Amendment Act 2005
3: Principal Act amended
This Act amends the Land Transport Act 1998 RA 2007-09-20 ss 4 and 5 Commencement of ss 19 and 39 of the Land Transport Amendment Act 2005 2007-10-01 ss 6 and 7
4: Persons convicted of specified serious offences prohibited from holding passenger endorsement
Section 29A(3)(b) 29B(2)(a) 29B(2)(b)
5: Driver licences are property of Director and are to be surrendered in certain circumstances
1: Section 30 subsection (3)
3A: If an enforcement officer has suspended a person's driver licence in accordance with section 90(2)
2: Section 30(4) , (3A), or (4A)(b) or (c) subsection (3)
6: Duties regarding logbooks
Section 30ZH(2)(a) 30Z 30ZE
7: Failure to comply with prescribed work time restrictions or rest time requirements
Section 79O(a) in a cumulative work day or less than 120 minutes in a cumulative work period 60 minutes |
DLM968110 | 2007 | Charitable Trusts Amendment Act 2007 | 1: Title
This Act is the Charitable Trusts Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. RA 2007-09-20 Charitable Trusts Act 1957
3: Principal Act amended
This Act amends the Charitable Trusts Act 1957
4: Applications for incorporation
Section 10(1)
1: Each subscriber to an application for incorporation must add the subscriber's name and address to the subscriber's signature. |
DLM405943 | 2007 | Appropriation (2005/06 Financial Review) Act 2007 | 1: Title
This Act is the Appropriation (2005/06 Financial Review) Act 2007. This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
3: Purposes
The purposes of this Act are to—
a: confirm financial matters relating to the financial year ended 30 June 2006; and
b: validate other financial matters relating to the financial year ended 30 June 2006 and previous financial years. This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
4: Interpretation
In this Act, unless the context otherwise requires,—
a: the terms capital expenditure department expenses financial year other expenses output expenses Vote section 2(1) Public Finance Act 1989
b: liabilities This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
5: Confirmation of Order in Council directing transfer of amounts between output expense appropriations
The Public Finance (Transfers Between Outputs) Order 2006 (SR 2006/162) This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
6: Confirmation of expenses and capital expenditure incurred in excess of existing appropriations and approved by Minister of Finance
1: The incurring of expenses and capital expenditure approved by the Minister of Finance under section 26B Public Finance Act 1989 subsections (2) to (4)
2: The expenses and capital expenditure are the expenses and capital expenditure incurred in excess, but within the scope, of the existing appropriations set out in column 3 of Schedule 1
3: The approved expenses are shown in each case in column 5 of Schedule 1
4: The approved capital expenditure is shown in each case in column 6 of Schedule 1 This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
7: Validation of unappropriated expenses and capital expenditure
1: The incurring of expenses and capital expenditure by a department in the circumstances set out in subsection (2)
2: The circumstances were that for the financial year ended 30 June 2006, the department incurred expenses or capital expenditure—
a: in excess of the existing appropriations set out in column 3 of Schedule 2
b: without appropriation, or other authority, by or under an Act (as specified in column 4 of Schedule 3 Schedule 3
3: In this section,— capital expenditure Schedule 2 3 department Schedule 2 3 expenses Schedule 2 3 This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
8: Validation of unappropriated expenses incurred in respect of Votes Finance, Treasurer, and Treasury
1: The incurring of expenses by the Treasury in the circumstances set out in subsection (2)
2: The circumstances were that—
a: the Treasury incurred expenses against the output class Debt and Related Financial Asset Management in Vote Finance of—
i: $785,000 for the financial year ended 30 June 2005; and
ii: $482,000 for the financial year ended 30 June 2006; and
b: those amounts were incurred outside the scope of, or were not incurred only in relation to, the appropriations for that output class, and were therefore incurred without appropriation, or other authority, by or under an Act.
3: To the extent that any expenses incurred by the Treasury against the output classes in the Votes and for the financial years set out in subsection (4)
4: The output classes, Votes, and financial years are—
a: Liabilities Management in Vote Treasury for the financial years ended 30 June 1990, 1991, 1992, 1993, 1994, 1995, 1996, and 1997:
b: Debt and Financial Asset Management in Vote Treasurer for the financial years ended 30 June 1998, 1999, and 2000:
c: Debt and Related Financial Asset Management in Vote Finance for the financial years ended 30 June 2001, 2002, 2003, and 2004. This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
9: Validation of unappropriated liabilities and capital expenditure incurred in respect of Votes Finance and Housing
1: The incurring of liabilities and capital expenditure by the Crown in the circumstances set out in subsection (2)
2: The circumstances were that—
a: the Crown incurred liabilities in Vote Finance of $156,751,000 for the financial year ended 30 June 2003 for loans to Housing New Zealand Corporation to refinance maturing Crown debt; and
b: the Crown incurred liabilities in Vote Housing of $11,778,000 for the financial year ended 30 June 2004 for loans to Housing New Zealand Corporation to refinance maturing Crown debt; and
c: the Crown incurred liabilities in Vote Housing of $101,350,000 for the financial year ended 30 June 2005 for loans to Housing New Zealand Limited to refinance maturing Crown debt; and
d: the Crown incurred capital expenditure in Vote Housing of $30,000,000 for the financial year ended 30 June 2006 for loans to Housing New Zealand Limited to refinance maturing Crown debt; and
e: the amounts in paragraphs (a) (b) (c)
f: the amount in paragraph (d) This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007
10: Validation of departmental net asset holding
1: The excess amount of net asset holding described in subsection (2)
2: The excess amount of net asset holding is the amount of net asset holding, as set out in column 3 of Schedule 4
3: In this section,— department Schedule 4 most recent projected balance of net assets
a: at the time when that projected balance was exceeded; and
b: as set out in column 2 of Schedule 4 This Act was repealed 18 August 2007 12(1) Appropriation (2007/08 Estimates) Act 2007 |
DLM410028 | 2007 | Sentencing Council Act 2007 | 1: Title
This Act is the Sentencing Council Act 2007.
2: Commencement
This Act comes into force on a day to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates. Section 2 brought into force 1 November 2007 Sentencing Council Act 2007 Commencement Order 2007
3: Interpretation
In this Act, unless the context otherwise requires,— Council section 5 fees framework section 10(1) group of guidelines section 13 section 17 group of parole guidelines section 13 section 17 group of sentencing guidelines section 13 section 17 inaugural guidelines Minister Parole Board section 108 working day section 2(1)
4: Act binds the Crown
This Act binds the Crown. Establishment of Council
5: Sentencing Council established
The Sentencing Council is established as an independent statutory body.
6: Status of Council
1: The Council—
a: is a body corporate; and
b: is accordingly a legal entity separate from its members, employees, and the Crown; and
c: continues in existence until it is dissolved by an Act.
2: The Council may do anything that a natural person of full age and capacity may do for the purposes of performing its functions or powers under this Act.
3: The Council may do anything authorised by this Act, subject to this Act or any other Act or any rule of law.
7: Role of Council
1: The members of the Council are its governing body, with the authority, in the name of the Council, to exercise its powers and perform its functions.
2: All decisions relating to the operation of the Council must be made by, or under the authority of, its governing body in accordance with this Act.
8: Purposes of Council
The purposes of the Council are,—
a: by producing guidelines about sentencing and parole, to—
i: promote consistency in sentencing practice between different courts and Judges:
ii: ensure transparency in sentencing policy:
iii: promote consistency and transparency in Parole Board practice:
iv: facilitate the provision of reliable information to enable penal resources to be effectively managed:
b: to enable the development of sentencing and parole policy to be based on a broad range of experience and expertise:
c: to inform members of Parliament and policymakers about sentencing and parole practice and reform options:
d: to inform and educate the public about sentencing and parole policies and decision making, with a view to promoting public confidence in the criminal justice system.
9: Functions of Council
1: The functions of the Council are—
a: to produce guidelines that are consistent with the Sentencing Act 2002
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:
b: to produce guidelines that are consistent with the Parole Act 2002
c: to assess and take account of the overall costs and benefits of the guidelines:
d: to provide, in relation to both draft and final guidelines, a statement of the guidelines' likely effect on the prison population:
e: to give advice on, and consider issues about, sentencing and parole as set out in this Act:
f: to collate information on sentencing practice, and on adherence to and departures from the sentencing guidelines, and provide this information to the judiciary:
g: to collate information on parole decisions, and on adherence to and departures from the parole guidelines, and provide this information to the Parole Board:
h: to provide information to the public about sentencing and parole:
i: any functions that are incidental and related to, or consequential on, its functions set out in paragraphs (a) to (h).
2: Except as expressly provided in this Act or any other Act, the Council must carry out its functions and powers independently. Membership of Council
10: Membership of Council
1: The Council consists of—
a: 1 Judge of the Court of Appeal appointed by the President of the Court of Appeal in consultation with the Chief Justice:
b: 1 Judge of the High Court appointed by the Chief High Court Judge in consultation with the Chief Justice:
c: 2 District Court Judges appointed by the Chief District Court Judge in consultation with the Chief Justice:
d: the chairperson of the Parole Board:
e: 5 members who are not Judges, appointed by the Governor-General on the recommendation of the House of Representatives.
2: The Chief Justice must appoint one of the Judges appointed under subsection (1)(a), (b), or (c) as the chairperson of the Council.
3: The Governor-General must, on the recommendation of the House of Representatives, appoint one of the members appointed under subsection (1)(e) as the deputy chairperson of the Council.
4: The Chairperson may delegate any of his or her functions, either generally or specifically, to the deputy chairperson.
5: Appointments under subsections (1), (2), and (3) must be made by written notice by the appointing authority to the person appointed (with a copy sent to the Council and the Minister).
6: 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; and
c: be published by the Minister in the Gazette
11: Administrative provisions relating to Sentencing Council
The provisions set out in Schedule 1
12: Other enactments amended
The Acts set out in Schedule 2 OIC SR 2007/292 2007-11-01 Schedule 1 Schedule 4 Public notification of draft guidelines
13: Public notification of draft guidelines
1: The Council must publicly notify each draft guideline or group of guidelines by—
a: publishing a notice complying with subsection (2) in 1 or more daily newspapers circulating in the cities of Whangarei, Auckland, Hamilton, Rotorua, Napier, New Plymouth, Palmerston North, Wellington, Nelson, Christchurch, Dunedin, Invercargill, and any other place the chairperson may direct; and
b: publishing a notice complying with subsection (2) on the Internet in an electronic form that is publicly accessible at all reasonable times for inspection and downloading free of charge; and
c: giving any further notice that the Council considers appropriate, having regard to the persons likely to have an interest in the draft guidelines.
2: A notice published or given under subsection (1), in respect of a draft guideline or group of guidelines, must—
a: except as provided in subsection (3), contain the title, or other short description of the subject matter, of the guideline or each guideline in the group, as the case may be; and
b: state that submissions on the draft guideline or guidelines may be made in writing by any person or in any other way the Council may direct; and
c: specify how a copy of the draft guideline or group of guidelines may be obtained, which may include, but must not be limited to, obtaining the draft guidelines from an Internet website; and
d: specify the closing date for the receipt by the Council of submissions on the draft guideline or group of guidelines, which may be a date no earlier than 6 weeks after the date on which the notice is first published in a daily newspaper under subsection (1)(a); and
e: specify the address of the place to which submissions on the draft guideline or group of guidelines may be delivered or sent.
3: If the notice published or given under subsection (1) is for the inaugural guidelines, the notice is not required to contain the matters described in subsection (2)(a).
14: Statement to accompany draft guideline or group of guidelines
A draft guideline or group of guidelines that is available for inspection must be accompanied by a statement of the guidelines' likely effect on the prison population.
15: Consultation
The Council may consult on the draft guideline or group of guidelines as it sees fit, with any person or body, by any appropriate means.
16: Council finalises guidelines and presents to Minister
The Council may, at any time after the time for submissions has expired, finalise the guideline or group of guidelines and present them to the Minister, together with a statement of the guidelines' likely effect on the prison population. Parliamentary scrutiny of guidelines
17: Presenting guidelines
The Minister must present each guideline or group of guidelines, together with the statement of the guidelines' likely effect on the prison population referred to in section 16
18: Inaugural guidelines may be disapplied
The inaugural guidelines may be disapplied as a whole by resolution of the House of Representatives passed within 30 sitting days after those guidelines were presented to the House.
19: Guideline may be disapplied
Any guideline (not being an inaugural guideline) may be disapplied by resolution of the House of Representatives passed within 15 sitting days after that guideline was presented to the House.
20: Periods of sitting days
The periods of sitting days within which the inaugural guidelines or a guideline may be disapplied under section 18 19
21: Guidelines come into force if not disapplied
Every guideline comes into force on the date that is 20 working days after the last date on which the guideline could have been disapplied under section 18 19
22: Council must reconsider guidelines if guidelines disapplied
1: If a guideline or group of guidelines is disapplied under section 18 19
a: reconsider the guideline or group of guidelines; and
b: if the Council considers it appropriate, provide a varied guideline or group of guidelines to the Minister, together with a statement of the guidelines' likely effect on the prison population.
2: Sections 17 to 21
3: If the inaugural guidelines are disapplied, the varied group of guidelines provided to the Minister under subsection (1) is treated as being the inaugural guidelines for the purposes of sections 17 to 21 Publication of guidelines
23: Council must publish guidelines
1: The Council must comply with subsection (2) if—
a: the last date on which a guideline or group of guidelines could have been disapplied under section 18 19
b: the guideline or guidelines were not disapplied.
2: The Council must, as soon as practicable after the date referred to in subsection (1)(a) and before the guidelines come into force under section 21
a: arrange for the publication in the Gazette
b: make copies of the guidelines available on the Internet in an electronic form that is publicly accessible at all reasonable times for inspection and downloading free of charge; and
c: make copies of the guidelines available for purchase at a reasonable price. Requests for consideration of issues,
24: Consideration of issues relating to sentencing or parole guidelines
1: A request may be made by the following persons to the Council to consider any issue relating to guidelines:
a: in the case of sentencing guidelines, by the Minister, the Chief Justice, the President of the Court of Appeal, the Chief High Court Judge, the Chief District Court Judge, the Solicitor-General, or the President of the New Zealand Law Society:
b: in the case of parole guidelines, by the Minister, the chairperson of the Parole Board, the Solicitor-General, or the President of the New Zealand Law Society.
2: A request must set out the reasons for the request.
3: If a request is made, the Council must, when revising or drafting sentencing guidelines or parole guidelines, consider the issue and the reasons given.
25: Council may advise Minister
1: The Minister may request the Council to provide advice to the Minister on any sentencing or parole issue that relates to the development and use of sentencing guidelines or parole guidelines.
2: The Council may, on its own initiative, provide advice to the Minister on any sentencing or parole issue that relates to the development and use of sentencing guidelines or parole guidelines. |
DLM967895 | 2007 | Building (Consent Authorities) Amendment Act 2007 | 1: Title
This Act is the Building (Consent Authorities) Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Building Act 2004 2007-08-29 Building Act 2004
4: Purpose of this Act
The purpose of this Act is to amend the principal Act to—
a: extend the period during which a territorial authority may act as a building consent authority (including in relation to a dam) even though the territorial authority has yet to be registered as a building consent authority; and
b: require a territorial authority registered as a building consent authority to act, until a specified time, as a building consent authority in relation to a dam within the territorial authority's district.
5: Territorial authority may act as building consent authority during transition to this Act
1: Section 450(3)(b)(ii) 30 November 2007 30 June 2008
2: Section 450 subsection (3)
3A: A territorial authority that is registered under section 191 subsection (3B)
3B: The time is the earlier of the following:
a: the close of the day before the date specified in subsection (3)(b)(ii)
b: the time at which the regional authority whose region includes the territorial authority's district—
i: is registered under section 191
ii: transfers its functions as a building consent authority in relation to dams in that district to another regional authority, under subpart 4 of Part 3 of this Act Part 3 of the Local Government Act 2002
3C: If a territorial authority acts as a building consent authority under subsection (1) or (3A)
a: the territorial authority must be taken to have all the functions, duties, and powers of a building consent authority under this Act; and
b: this Act applies with all necessary modifications.
3D: The Governor-General may, by Order in Council, before the date specified in subsection (3)(b)(ii)
3E: An order under subsection (3D) Regulations (Disallowance) Act 1989
3: Section 416(1)(f) 30 November 2007 the date specified in section 450(3)(b)(ii)
4: The heading to section 450 Territorial authority may When territorial authority may and must
5: Section 450(2) |
DLM968019 | 2007 | Biosecurity Amendment Act 2007 | 1: Title
This Act is the Biosecurity Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Biosecurity Act 1993 2007-09-20 Biosecurity Act 1993
4: Processing unaccompanied goods
Section 30A(2) or unauthorised goods or contain, risk goods
5: Power to seize and dispose of unauthorised goods
Section 116(1) 30A, 19(2), |
DLM405280 | 2007 | Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 | 1: Title
This Act is the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007.
2: Commencement
This Act comes into force on 1 April 2007.
3: Principal Act amended
This Act amends the Injury Prevention, Rehabilitation, and Compensation Act 2001
1: Amendments to principal Act
4: New section 167 substituted
Section 167
167: Application and source of funds
1: The purpose of the Work Account is to finance entitlements provided under this Act by the Corporation to employees, private domestic workers, and self-employed persons for work-related personal injuries (other than entitlements funded from the Residual Claims Account).
2: The funds for the Work Account are to be derived from—
a: levies payable, under sections 168, 168A, 168B, and 211
b: payments made to the Corporation in respect of obligations taken on by the Corporation under section 7 of the Accident Insurance (Transitional Provisions) Act 2000
3: The funds in the Work Account must be applied to meet the costs of—
a: entitlements in respect of employees, private domestic workers, and self-employed persons for work-related personal injuries (other than entitlements funded from the Residual Claims Account); and
b: entitlements in respect of employees, private domestic workers, and self-employed persons for personal injury caused by work-related gradual process, disease, or infection if—
i: the employment task, or employment in the particular environment, giving rise to that personal injury was performed or occurred on or after 1 July 1999; and
ii: the claimant was an employee, a private domestic worker, or self-employed when performing that task or in that environment (regardless of whether the claimant was an employee, a private domestic worker, or self-employed at the date on which the personal injury is regarded as having been suffered); and
c: entitlements in respect of obligations, under accident insurance contracts of employers and private domestic workers, and for self-employed persons, taken on by the Corporation under section 7 of the Accident Insurance (Transitional Provisions) Act 2000
d: entitlements that are required to be provided in accordance with Part 11 Accident Insurance Act 1998
e: entitlements, in respect of employers, private domestic workers, and self-employed persons that, immediately before 1 April 2007, would have been funded from the Self-Employed Work Account or the Employers' Account; and
f: administering the Account; and
g: audits and assessments referred to in section 175
h: any other expenditure authorised by this Act.
5: New section 168B inserted
The following section is inserted after section 168A
168B: Self-employed persons to pay levies
1: A self-employed person must pay, in accordance with this Act and regulations made under it, levies to fund the Work Account.
2: A levy must relate to a prescribed period.
3: A self-employed person must pay the levy by the date specified for payment, whether in an invoice or other appropriate document given to the self-employed person by the Corporation or an agent of the Corporation, being a date not less than 2 months after the date of the invoice or other appropriate document.
6: New section 169 substituted
Section 169
169: Rates of levies
1: Levies are to be paid under sections 168, 168A, and 168B
a: the amount of earnings paid, estimated to be paid, or deemed by regulations to have been paid by an employer to the employer's employees for that period; or
b: the amount of earnings received for that period as a private domestic worker or deemed by regulations to have been received as a private domestic worker for that period; or
c: the level of earnings (other than earnings as an employee) derived, estimated to be derived, or deemed by regulations to be derived, by a self-employed person.
2: The extent of funds to be derived from levies under sections 168, 168A, and 168B
7: New section 169A inserted
The following section is inserted after section 169
169A: Limit on offsets in case of earnings as self-employed person
1: In determining a person's earnings as a self-employed person, no offset may be allowed for the amount of—
a: any net loss of the person for an earlier tax year that might otherwise be offset by the person under section IE 1 of the Income Tax Act 2004
b: any part of the net loss of a loss attributing qualifying company (as defined in section OB 1 of the Income Tax Act 2004 section HG 16 of the Income Tax Act 2004
2: If the result of the calculation of a person's earnings as a self-employed person is a negative amount and the person also derives earnings as an employee, the person's earnings as an employee must not be reduced by the negative amount.
8: Classification of industries or risks
1: Section 170 subsection (1)
1: The Corporation must classify an employer and a self-employed person in an industry or risk class that most accurately describes their activity, being an industry or risk class set out in regulations made under this Act for the purposes of setting levies payable under sections 168, 168B, and 211
2: Section 170 subsection (4)
4: Regulations made under this Act must prescribe a Work Account levy for each industry or risk class defined under subsection (1)
4A: The regulations referred to in subsection (4)
a: may, until the end of the 2009–10 tax year, prescribe the levies at different rates for employers and self-employed persons classified in the same industry or risk class; and
b: must, until the end of the 2009–10 tax year, prescribe the levies at a rate that does not increase or decrease the levy rate payable by employers or self-employed persons in a particular industry or particular risk class by more than 25% of the rate payable in the previous tax year; and
c: must, after the end of the 2009–10 tax year, prescribe the levies at the same rate for employers and self-employed persons classified in the same industry or risk class.
3: Section 170(5) or self-employed person employer
4: Section 170 subsection (6)
6: The Corporation must separately account for the amounts—
a: collected from each industry or risk class under sections 168, 168B, and 211
b: expended for the purposes of section 167(3)
5: Section 170(8) or self-employed persons employers
9: New section 171 substituted
Section 171
171: Classification of self-employed persons and employees engaged in 2 or more activities
1: A self-employed person or (if section 170(3)
2: If a particular activity accounts for 5% or less of a self-employed person's or an employee's earnings for the year, then that activity need not be considered when determining the correct industry or risk class under subsection (1)
3: Subsection (2)
10: New section 172A inserted
The following section is inserted after section 172
172A: Work Account levy not payable on earnings of self-employed person over specified maximum
Nothing in this Act requires a self-employed person to pay a Work Account levy on earnings that exceed the specified maximum.
11: New section 175 substituted
Section 175
175: Risk adjustment of Work Account levies
1: A Work Account levy determined for the purposes of sections 168, 168B, or 211
a: an audit of the employer's or the self-employed person's safety management practices; or
b: an assessment of the self-employed person's safety management capabilities (including, for example, practices and qualifications).
2: To avoid doubt, regulations may limit the application of subsection (1)
a: any 1 or more industries or risk classes:
b: particular types of employers or self-employed persons classified in the same industry or risk class.
3: A Work Account levy determined for the purposes of section 168
4: An audit of an employer's or a self-employed person's safety management practices must, and an assessment of a self-employed person's safety management capabilities may, be conducted in accordance with an audit tool or audit tools that—
a: are approved by the Minister; and
b: measure safety management practice or safety management capability, as the case may be, against independent New Zealand or foreign standards.
5: If any upward adjustment of levies under subsection (3) sections 178 to 180
6: Adjustments to levies may be reassessed on the basis of any new audits or assessments.
7: Regulations made for the purposes of subsection (1)(a) or (3) subsection (1)(b)
a: the level or levels of levy adjustment for different levels of compliance assessed by the audit tool or tools:
b: the basis and conditions on which, and periods for which, Work Account levies may be adjusted:
c: the frequency of, and circumstances under which, there may be additional audits or assessments of an employer's or a self-employed person's safety management practices or capabilities:
d: the order in which applications for audits or assessments are to be dealt with:
e: the approval of auditors by the Corporation.
8: Section 331
9: The Corporation must decide—
a: whether an adjustment to a Work Account levy is to be made; and
b: the level of any adjustment.
12: Medical Misadventure Account renamed
1: The Account known immediately before the commencement of this Act as the Medical Misadventure Account is, on the commencement of this Act, renamed the Treatment Injury Account.
2: Unless in any case the context otherwise requires, every reference to the Medical Misadventure Account in any enactment or document is, after the commencement of this Act, to be read as a reference to the Treatment Injury Account.
13: Consequential amendments
1: The principal Act is consequentially amended in the manner set out in Part 1
2: The Income Tax Act 2004 Part 2
2: Transitional provisions
14: Transfer of assets and liabilities to Work Account
All assets and liabilities of the Employers' Account and the Self-Employed Work Account (as they were immediately before the commencement of this Act) are, on the commencement of this Act, transferred to the Work Account.
15: Sections 330 and 331 do not apply to making of regulations for Work Account for 2007–08 tax year
Sections 330 331
16: Payment of levies payable before 1 April 2007
Amounts of levy that were, or become, payable to the Employers' Account and the Self-Employed Work Account (as they were immediately before the commencement of this Act) in respect of any period before 1 April 2007—
a: continue to be due and payable; and
b: must be paid into the Work Account. |
DLM1107121 | 2007 | Taxation (KiwiSaver) Act 2007 | 1: Title
This Act is the Taxation (KiwiSaver) Act 2007.
2: Commencement
1: This Act comes into force on the date on which it receives the Royal assent, except as provided in this section.
2: Section 108(1)
3: Sections 119 120 121
4: Sections 4 6 to 9 12(2)(b) (4) (7) 18(1) (2) 27(4) (8)(d) (11) (13)(a) 28 34(1) 35 36(1) 37 38(1) 40 42 43 44 46 47 48 49 51 52 53 54 59 63(1) 73 74 90 92(1) 95 96 98(1) (3) 102(8) 109
5: Section 78
6: Section 137
7: Sections 5 10 11 12(2)(a) (c) to (f) (3) (5) (6) (8) (9) 14 16 18(3) 17 19 22 27(1) (2) (3) (5) (6) (7) (9) (10) (12) (13)(b) (14) 29 30 33 34(2) 36(2) 38(2) 50 57 60 61 62 63(2) (3) 65 69 71(1) 75 76 78(2) 79 to 82 84 85 86 87 93(1) (2) (3) (5) 102(3) (9) 103 110(2) 122 to 136
8: Sections 15 20 21 23 to 25 56(2) 66 91 92(3) 94 111(2) Section 2(7) amended 29 May 2008 section 59(2) Taxation (Personal Tax Cuts, Annual Rates, and Remedial Matters) Act 2008 KiwiSaver-related amendments to Income Tax Act 2004
3: Income Tax Act 2004
Sections 4 to 12 Income Tax Act 2004 2007-07-01 ss 4, 6–9, 12(2)(b), (4) and (7) of the Income Tax Act 2004 2007-12-19 s 12(2)(10) of the Income Tax Act 2004 2008-04-01 ss 5, 10, 11, 12(2)(a), (c)-(f), (3), (5), (6), (8) and (9) of the Income Tax Act 2004
4: New section CS 10B inserted
After section CS 10
CS 10B: Exclusion of permitted withdrawals from KiwiSaver schemes and complying superannuation funds
Section CS 1 complying superannuation fund KiwiSaver scheme permitted withdrawal .
5: Contributions to employees' superannuation schemes
After section DC 6(1) Exclusion
1B: The employer is denied a deduction for a contribution, to the extent of the amount of the tax credit under section KJ 6
6: Person's requirements
1: Section KJ 2(a)
a: has creditable membership of a complying superannuation fund or a KiwiSaver scheme; and .
2: In the list of defined terms in section KJ 2 creditable membership
7: Section KJ 3 replaced
Section KJ 3
KJ 3: Tax credit amount
Tax credit amount
1: The amount of the tax credit for the member credit year is—
a: equal to the total amount of a person's member credit contributions for all of the person's complying superannuation funds and KiwiSaver schemes for the member credit year, if the first formula in subsection (2)
b: equal to the amount calculated using the second formula in subsection (3) subsection (2) First formula
2: For the purposes of subsection (1) Second formula
3: For the purposes of subsection (1)(b) Definition of items in formulas
4: In the formulas,—
a: member credit contributions
b: included days section KJ 2 amount complying superannuation fund KiwiSaver scheme member credit contributions member credit year salary or wages .
8: Payment
1: The heading to section KJ 4(1) Payment to fund provider by direct credit without deduction or set-off
2: In section KJ 4(1) The Commissioner Unless subsection (3)
3: Section KJ 4(2) Timing
2: The Commissioner must pay the amount of tax credit to the fund provider within 30 working days of the provider furnishing a member credit claim form under section 68C(3) or (4) of the Tax Administration Act 1994
4: After section KJ 4(2) Exception: payment to the person or another provider
3: Despite subsection (1) section KJ 1
a: the person, if it would be impracticable to pay it to the person's fund provider because the person has no fund provider or because of the person's death or serious illness schedule 1, clause 12(3) of the KiwiSaver Act 2006
b: a fund provider ( provider B subsection (1) subsection (1)
9: Rules
1: In section KJ 5(3) The fund provider must credit the amount of the tax credit on a pro rata basis The fund provider must use the contribution allocation for a member to credit the amount of tax credit
2: In section KJ 5(6)(a)(i) person person and are held by the fund provider
10: New sections KJ 6 to KJ 12 added
In subpart KJ
KJ 6: Tax credits relating to employers contributing to KiwiSaver schemes and complying superannuation funds
Tax credit
1: An employer who meets the requirements in section KJ 7 Amount of tax credit
2: The amount of the tax credit is calculated under section KJ 8 Rules
3: Section KJ 9 Section KJ 10 Section KJ 11 Section KJ 12 Treatment of private domestic workers
4: For the purposes of this section and sections KJ 7 to KJ 12 paragraph (c) employer section 4 of the KiwiSaver Act 2006 sections KJ 7 to KJ 12 amount complying superannuation fund compulsory employer contribution employee employer KiwiSaver scheme PAYE period private domestic worker
KJ 7: Employer requirements
For the purposes of section KJ 6(1)
a: pays an amount of employer contribution, and the employee is—
i: aged 18 or over; and
ii: is not entitled to withdraw an amount from a fund or scheme under schedule 1, clause 4(3) KiwiSaver Act 2006
b: claims the amount of their entitlement to a tax credit under this subpart for an employee, in an employer monthly schedule or remittance certificate they furnish, unless they meet a requirement in paragraph (c)
c: if paragraph (b)
i: has an amount of compulsory employer contribution unpaid, specified in a notice under section 101I(5) of the KiwiSaver Act 2006
ii: has an amount of short payment under Part 3, subpart 3 of that Act
d: meets 1 of the requirements in section 6(2) of that Act amount compulsory employer contribution employee employer employer contribution employer monthly schedule remittance certificate
KJ 8: Tax credit amount
Tax credit amount
1: For the PAYE period, the amount of the tax credit is equal to the lesser of—
a: the employer contributions for the employee, to the extent to which the employee meets the requirements of section KJ 7(a)
b: the amount calculated using the following formula: $20 × weeks in PAYE period. Definition of item in formula
2: In the formula, weeks in PAYE period section KJ 7(a) amount employee employer employer contribution PAYE period
KJ 9: Using the tax credit
Timing
1: The tax credit arises—
a: on the last day for the payment of tax deductions prescribed in section NC 15 section KJ 7(b)
b: on the last day for the payment of tax prescribed in section NC 16 section KJ 7(b)
c: if section KJ 7(c)
i: receives the notice under section 101I(5) of the KiwiSaver Act 2006
ii: decides that the employer has an amount of short payment under Part 3, subpart 3 of that Act Use
2: The tax credit is used in the following order:
a: first, either—
i: used by the Commissioner to pay the amount of short payment under Part 3, subpart 3 of the KiwiSaver Act 2006
ii: paid by the Commissioner to the fund provider of the complying superannuation fund to meet the amount of compulsory employer contributions unpaid, specified in a notice under section 101I(5) of that Act
b: second, used by the Commissioner to pay employer contributions:
c: third, used by the Commissioner to pay an amount that is payable by the employer to the Commissioner under an Inland Revenue Act for the PAYE period:
d: fourth, used by the Commissioner to pay an amount that is payable by the employer to the Commissioner under an Inland Revenue Act:
e: fifth, treated as tax paid in excess and refundable under section MD 1 Treatment of tax credit used
3: An amount of tax credit used or paid under subsection (2)(a)
a: received by the Commissioner for the PAYE period, for the purposes of calculating an amount of short payment under Part 3, subpart 3 of the KiwiSaver Act 2006
b: consequentially reducing a relevant amount of compulsory employer contributions remaining unpaid, for the purposes of section 101K of that Act
c: received by the Commissioner, for the purposes of section 74 of that Act amount Commissioner compulsory employer contribution employer PAYE period tax deduction
KJ 10: Treatment when short payment and unpaid amount of compulsory employer contributions found after tax credit used
When this section applies
1: This section applies, for an employer, if—
a: the Commissioner has used an amount of tax credit, under 1 or both of section KJ 9(2)(c) and (d)
b: after the amount of tax credit has been used by the Commissioner under those paragraphs, there is, for the PAYE period to which the amount of tax credit relates,—
i: an amount of short payment under Part 3, subpart 3 of the KiwiSaver Act 2006
ii: compulsory employer contributions unpaid, specified in a notice under section 101I(5) of that Act Liability to pay for credits already used
2: The employer is liable to pay an amount equal to the lesser of—
a: the amount of tax credit used that relates to the PAYE period; and
b: the amounts described in subsections (1)(b)(i) and (ii) Treatment of liability
3: The employer's liability under subsection (2) subsections (1)(b)(i) and (ii) New tax credit granted
4: An amount equal to the employer's liability under this section is treated as a tax credit to be used under section KJ 9(2)(a) amount Commissioner compulsory employer contribution employer PAYE period tax deduction
KJ 11: Employees who opt out
When this section applies
1: This section applies when an employee opts out under the KiwiSaver Act 2006 Treatment of tax credits
2: The amount of tax credit for an employer contribution for the employee's salary or wages is treated as an amount of tax credit paid in excess of that properly payable under this subpart. employee salary or wages
KJ 12: Group of persons 1 employer
For the purposes of sections KJ 6 to KJ 11
a: 2 or more companies, if those companies are a group of companies; and
b: all partners in a partnership; and
c: all persons in whom property has become vested or to whom the control of property has passed in the case of each estate of a deceased person or each trust or each company in liquidation or each assigned estate or each other case where property is vested or controlled in a fiduciary capacity. company employer group of companies .
11: Calculation amounts in relation to current specified superannuation contribution for complying superannuation fund
In section NE 3(6) salary or wages
12: Definitions
1: This section amends section OB 1
2: In the definition of complying fund rules
a: in paragraph (a) 2, schedule 1
b: in paragraph (b) described in described in regulations made under section 229(1) of the KiwiSaver Act 2006
c: after paragraph (cb)
cc: require the trustees, at the member's request, to pay any withdrawal that is allowed under the rules in paragraphs (a) to (c) schedule 1, clause 5 of the KiwiSaver Act 2006 :
d: paragraphs (i) and (j)
i: require, as a minimum, the same contributions to be deducted for an employee as those provided by section 66 or 66A of the KiwiSaver Act 2006
j: prevent a person over the New Zealand superannuation qualification age from joining; and .
e: paragraph (k)
f: in paragraph (l) section 196 sections 101G and 196
3: After the definition of complying superannuation fund compulsory employer contribution KiwiSaver Act 2006
4: After the definition of credit transfer notice creditable membership
a: means, for a person, membership in a KiwiSaver scheme or a complying superannuation fund; and
b: includes, for a person,—
i: the period—
A: beginning on the earlier of the first day of the month in which contributions are first received by the Commissioner for the person or the first day of the month in which KiwiSaver contributions are first deducted for the person; and
B: ending on the day on which securities are first allotted by the KiwiSaver scheme for the person:
ii: the days in the month in which securities are first allotted by the KiwiSaver scheme or complying superannuation fund in relation to the person:
iii: for the period beginning on 1 July 2007 and ending on the day on which securities are first allotted by the KiwiSaver scheme for the person, the days in the month that the KiwiSaver scheme receives a valid application for membership from the person and any remaining days in that period, if the person makes contributions in relation to the KiwiSaver scheme before 1 November 2007 .
5: In the definition of employee's superannuation accumulation paragraph (a)
a: employer contributions: .
6: After the definition of employer employer contribution KiwiSaver Act 2006
7: The definition of member credit contributions member credit contributions
a: superannuation contributions to the person's complying superannuation funds and KiwiSaver scheme to the extent to which the contributions are subject to KiwiSaver scheme rules or complying fund rules, but excluding the following:
i: specified superannuation contributions for the person:
ii: contributions withdrawn under a mortgage diversion facility provided for in regulations made under section 229 of the KiwiSaver Act 2006
iii: any amounts that are accounted for under paragraph (b)
b: amounts that have been received and held in respect of the person by the Commissioner and to which section 73, 74, or 75 of the KiwiSaver Act 2006
i: the person's death:
ii: a refund under section 113 of the KiwiSaver Act 2006 .
8: The definition of PAYE period PAYE period
a: for the purposes of subpart KJ section NC 16
b: is defined in section NC 15(8) .
9: In the definition of salary or wages paragraph (d)
d: for the purposes of sections NE 3 and NE 3B salary or wages section 4 of the KiwiSaver Act 2006 .
10: In the definition of superannuation scheme paragraph (a)(ib) KiwiSaver-related amendments to Tax Administration Act 1994
13: Tax Administration Act 1994
Sections 14 to 25 Tax Administration Act 1994 2007-07-01 s 18(1) and (2) of the Tax Administration Act 1994 2008-04-01 ss 14, 16, 17, 18(3), 19, 22 of the Tax Administration Act 1994 2009-04-01 ss 13, 20, 21, 23–25 of the Tax Administration Act 1994
14: Interpretation
In section 3(1) tax
a: the following is inserted after paragraph (a)(iii)(CB)
CC: an amount of short payment under Part 3, subpart 3 of the KiwiSaver Act 2006
CD: an amount of compulsory employer contributions unpaid, specified in a notice under section 101I(5) of the KiwiSaver Act 2006 :
b: the following is inserted after paragraph (a)(vii)
viii: an amount of short payment under Part 3, subpart 3 of the KiwiSaver Act 2006 :
c: the following is inserted after paragraph (d)(iii)(C)
CB: an amount of short payment under Part 3, subpart 3 of the KiwiSaver Act 2006
CC: an amount of compulsory employer contributions unpaid, specified in a notice under section 101I(5) of the KiwiSaver Act 2006 :
d: the following is inserted after paragraph (d)(viii)
viiib: an amount of short payment under Part 3, subpart 3 KiwiSaver Act 2006
15: Interpretation
In section 3(1) civil penalty paragraph (e) or 216
16: Construction of certain provisions
After section 4A(3)(bb)
bc: amounts of compulsory employer contributions that must be paid under Part 3, subpart 3A of the KiwiSaver Act 2006 section 101I(5) of that Act .
17: Keeping of business records
In section 22(2)(1) and the occasion of making it , the occasion of making it, and any related tax credit under section MK 1(2) of the Income Tax Act 2007
18: Tax credit relating to KiwiSaver and complying superannuation fund members: member credit form
1: In section 68C(3)(a) and tax file number and (if known) tax file number
2: Section 68C(4)
4: The fund provider may claim an amount of a tax credit under section KJ 1 of the Income Tax Act 2004 subsections (2)(b) and (c) subsection (3) subsection (3)
3: In section 68C(4) subsection (2) section KJ 1 of the Income Tax Act 2004 section MK 1(1) of the Income Tax Act 2007
19: Persons excluded
After section 120B(b)
bb: an employer in relation to amounts of compulsory employer contributions that must be paid under Part 3, subpart 3A of the KiwiSaver Act 2006 section 101I(5) of that Act .
20: Challenging civil penalties
In section 138L(2)(ab) or 216
21: Knowledge offences
In section 143A(5)(g), tax. tax:
h: amounts of compulsory employer contributions that must be paid under Part 3, subpart 3A of the KiwiSaver Act 2006 section 101I(5) of that Act
22: Deduction of tax from payments due to defaulters
In section 157(10) income tax paragraph (g)
h: an amount of short payment under Part 3, subpart 3 of the KiwiSaver Act 2006
i: an amount of compulsory employer contributions unpaid, specified in a notice under section 101I(5) of the KiwiSaver Act 2006
23: Remission for reasonable cause
In section 183A(1)(h) or 216
24: Remission in circumstances of qualifying event
In section 183ABA(3A) or 216
25: Remission consistent with collection of highest net revenue over time
In section 183D(1)(bc) or 216 Amendments to KiwiSaver Act 2006
26: KiwiSaver Act 2006
Sections 27 to 103 KiwiSaver Act 2006 2007-07-01 ss 27(4), (8)(d), (11), and (13)(a), 28, 34(1), 35, 36(1), 37, 38(1), 40, 42, 43, 44, 46, 47, 48, 49, 51, 52, 53, 54, 59, 63(1), 73, 74, 90, 92(1), 95, 96, 98(1) and (3), and 102(8) of the KiwiSaver Act 2006 2007-10-01 s 78 of the KiwiSaver Act 2006 2007-12-19 ss 27(8)(a)–(c), 31, 32, 39, 41, 45, 55, 56(1), 58, 64, 67, 68, 70, 71(2)–(4), 72, 77, 83, 88, 89, 92(2), 93(4), 97, 98(2) and (4), 99, 100, 101, 102(1), (2), (4)–(7) of the KiwiSaver Act 2006 2008-04-01 ss 27(1), (2), (3), (5), (6), (7), (9), (10), (12), (13)(b), and (14), 29, 30, 33, 34(2), 36(2), 38(2), 50, 57, 60, 61, 62, 63(2), and (3), 65, 69, 71(1), 75, 76, 78(2), 79–82, 84, 85, 86, 87, 93(1), (2), (3) and (5), 94, 102(3) and (9), 103 of the KiwiSaver Act 2006 2009-04-01 ss 56(2), 66, 91, 92(3), and 94 of the KiwiSaver Act 2006
27: Interpretation
1: Subsections (2) to (13) section 4(1)
2: The definition of deduction rate deduction rate section 66 or 66A .
3: After the definition of default KiwiSaver scheme defined benefit scheme member defined benefit contributions
a: the defined benefit contributions are employer's superannuation contributions made to, or amounts credited from within, a registered superannuation scheme (the contributions scheme
i: the contributions scheme was registered before 17 May 2007, or the contributions scheme is one (a succeeding scheme section 9BAA Superannuation Schemes Act 1989 prior scheme
ii: the employer provided access to eligible employees to the contributions scheme or a prior scheme for the contributions scheme before 17 May 2007; and
iii: the employee—
A: is employed by the employer before 1 April 2008, and the employer makes or has agreed with the employee before 1 April 2008 to make defined benefit contributions to the contributions scheme or a prior scheme for the contributions scheme; or
B: is covered by a collective agreement that is in force before 17 May 2007 and expires after 1 April 2008 under which the employer is required to make defined benefit contributions to the contributions scheme or a prior scheme for the contributions scheme; or
C: has had defined benefit contributions paid or credited to the contributions scheme or a prior scheme for the contributions scheme by a previous employer, and those contributions met the requirements of this definition; and
b: the defined benefit contributions are made in respect of a retirement benefit for the employee that is calculated by reference to their salary or wages; and
c: the employer is required to make the defined benefit contribution by statute, trust deed, or under an employment contract (including a collective agreement) .
4: The definition of employer employer
a: in relation to a person ( person A person B
b: for the purposes of subparts 1 and 3 of Part 3 section NC 16 of the Income Tax Act 2004
c: for the purposes of subpart 3A of Part 3 section NC 16 of the Income Tax Act 2004 subpart 3A of Part 3 .
5: In the definition of employer subsection (4)
a: in paragraph (b), section NC 16 of the Income Tax Act 2004 section RA 8, RA 10, or RD 4(2) of the Income Tax Act 2007
b: in paragraph (c), section NC 16 of the Income Tax Act 2004 section RA 8, RA 10, or RD 4(2) of the Income Tax Act 2007
6: After the definition of employer employer contribution
a: means an employer's superannuation contribution made by an employer for an employee's KiwiSaver scheme or complying superannuation fund; and
b: includes a compulsory employer contribution under subpart 3A of Part 3
c: does not include—
i: an amount that does not count as a contribution under section 68(2)
ii: for the purposes of section 99 .
7: After the definition of employer's chosen KiwiSaver scheme employer's superannuation contribution section YA 1 of the Income Tax Act 2007
8: In the definition of independent trustee
a: in paragraph (a)(i) , administration manager, or investment manager
b: paragraph (a)(ii) and (iii)
ii: is not a related company of a corporate trustee that is an investment manager, promoter, or another trustee of the scheme; and :
c: in paragraph (a)(viii) does not have a director to whom any of subparagraphs (i) to (vii) has no director that would fail to meet any of the requirements described in subparagraphs (i) to (vii)
d: in paragraph (b) does not have a director to whom any of paragraph (a)(i) to (vii) has a director that would meet any of the requirements described in paragraph (a)(i) to (vii)
9: In the definition of KiwiSaver scheme section 137 section 137 section 161
10: The definition of PAYE period PAYE period paragraph (a) section MK 10 of the Income Tax Act 2007 .
11: After the definition of personal representative private domestic worker section OB 1 of the Income Tax Act 2004 .
12: The definition of private domestic worker subsection (11) private domestic worker section YA 1 of the Income Tax Act 2007 .
13: In the definition of salary or wages
a: paragraph (a)
a: it excludes—
i: salary or wages described in subparagraphs (iv), (v), (ix), or (xi) of paragraph (b)
ii: payments that are income under section CF (1)(b) to (e), (g), or (h) of that Act :
b: paragraph (a) paragraph (b)
a: it excludes—
i: salary or wages described in sections RD 5(4), (6)(b), and (6)(c) and RD 68 of the Income Tax Act 2007
ii: payments that are income under section CF (1)(b) to (e), (g), or (h) of that Act
iii: expenditure on account of an employee and allowances calculated by reference to reasonable actual costs, if the expenditure or allowances are for accommodation overseas or other costs of living overseas; and
iv: for the purposes of contributions to complying superannuation funds, bonuses, commissions, and other amounts not included in an employee's gross base salary or wages by the relevant complying superannuation fund; and
v: for the purposes of subpart 3A of Part 3 of this Act
A: salary or wages described in section RD 5(1)(b)(iii) and (7) of the Income Tax Act 2007
B: payments of weekly compensation, as defined in the Injury Prevention, Rehabilitation, and Compensation Act 2001 salary or wages
b: it includes extra pay (as defined in section YA 1 of the Income Tax Act 2007
i: otherwise excluded under paragraph (a)
ii: the amount is a redundancy payment section YA 1 of the Income Tax Act 2007 .
14: Section 4(2)
2: References in a provision to a period after the Commissioner receives the first contribution
28: Meaning of provider
In section 5(1) provider of a scheme provider of a KiwiSaver scheme or a complying superannuation fund
29: Application
1: In section 6(1)(a) personally present living
2: In section 6(2)(b) 2007). 2007); or
c: the employer does not meet the requirements in subsections (a) and (b)
30: Outline
After section 8(5)
6: This Act also contains some of the rules that apply to complying superannuation funds. However, other rules about those funds are contained in the Income Tax Act 2007 Superannuation Schemes Act 1989
31: Who automatic enrolment rules apply to
In section 10 who who is not a secondee and
32: Meaning of new employment
1: In the heading to section 11 new employment new employment and secondee
2: In section 11(1)(c) employment. employment; and
d: does not include employment, at the end of a secondment, by the employer from which a secondee was seconded.
3: After section 11(2)
2B: Secondee employer B
33: Temporary employment
1: In section 12(1)(b) or less. or less; or
c: the employment is described in section 28(1)(a)(ii) of the Holidays Act 2003
2: Section 12(2)(b)
b: in the case of employment which was temporary under subsection (1)(b)
34: How to opt out
1: The following is added to section 17
6: For the purposes of sections 17 to 20 section OB 1 of the Income Tax Act 2004 subpart NBA of that Act
2: Section 17(6), as inserted by subsection (1)
6: For the purposes of sections 17 to 20 section YA 1 of the Income Tax Act 2007 sections RP 2 and RP 6 to RP 16 of that Act
35: Extension of opt-out period
1: In section 18(1)(b)(iv) accepted. accepted; or
v: a mistake described in section 59A(b)
2: In section 18(2) opt-out notice opt-out notice, if it is received by the Commissioner or the employer
36: New section 23A inserted
1: After section 23
23A: PAYE intermediaries
For the purposes of sections 22 and 23 section OB 1 of the Income Tax Act 2004 subpart NBA of that Act
2: Section 23A, as inserted by subsection (1)
23A: PAYE intermediaries
For the purposes of sections 22 and 23 section YA 1 of the Income Tax Act 2007 sections RP 2 and RP 6 to RP 16 of that Act
37: Eligibility of employers who have schemes established under master trusts
In section 28(b) scheme. scheme; and
c: anything else that the Government Actuary decides is relevant to evidencing compliance with the rules in section 25
38: How to opt in
1: After section 34(4)
5: For the purposes of sections 34 to 37 section OB 1 of the Income Tax Act 2004 subpart NBA of that Act
2: Section 34(5), as inserted by subsection (1)
5: For the purposes of sections 34 to 37 section YA 1 of the Income Tax Act 2007 sections RP 2 and RP 6 to RP 16 of that Act
39: Effect of opting in by employees
In section 36(1)
a: in the words before paragraph (a) opts in opts in under section 34(1)(a) or (b)
b: in paragraph (a)
i: in the words before subparagraph (i) becomes is
ii: in the words before subparagraph (i) automatic
iii: in subparagraph (i) the employer to whom the opting in relates the employee's employer
c: after subsection (1)
1B: If an employee to whom subsection (1)(a)(i) subsection (1)(a)(i) subpart 1 of Part 3
40: Commissioner must supply information pack
1: In section 40(1) must supply must initially supply
2: In section 40(2) on request on any reasonable request
41: Employer may choose scheme for employees
1: In section 46(2) new
2: In section 46(3)(b) would apply, apply, or would apply
42: Effect of employer choice of KiwiSaver scheme
Sections 48(1) and (2)
1: This section applies when—
a: an employer's choice of KiwiSaver scheme is effective under section 47
b: an employee of the employer has not directly contracted to be a member of a KiwiSaver scheme with the provider of a scheme; and
c: the employee is an employee—
i: to whom the automatic enrolment rules apply; or
ii: who opted in under section 34(1)(b)
d: more than 3 months have passed since the Commissioner received the first contribution in respect of the employee; and
e: there is no relevant dispute under section 212 or 213 Part 2 or 3
2: On the first day that this section applies, the employee is treated as having—
a: offered to be a member of the employer's chosen KiwiSaver scheme; and
b: subscribed for securities in that scheme.
43: Commissioner provisionally allocates certain people to default KiwiSaver schemes and sends investment statement
1: Section 50(1)
1: This section applies, in respect of a person who is an employee of an employer and their employment with that employer, when the Commissioner has received from the employer,—
a: notice under section 23
b: notice under section 34(3) section 34(1)(b)
2: In section 50(3) As soon as practicable, the Commissioner must, in respect of the person's employment with the employer,—
44: Completion of allocation to default KiwiSaver scheme if person does not choose KiwiSaver scheme
1: In section 51(4)(a) 3 months as soon as practicable after 3 months
2: In section 51(5) Part 1 or 2 Part 2 or 3
45: Notification of transfers and requirement to transfer funds and information
Sections 56(3)(c)(iv) and (v)
iv: as to whether the Crown contribution under section 226
46: Involuntary transfer
In section 57(3) section 44 section 44 section 44(b)
47: New subpart 4 of Part 2 added
After subpart 3 of Part 2
4: Initial and confirmed back-dated validation of invalid membership
59A: When this subpart applies
This subpart applies when, because of a mistake,—
a: this Act has been applied to a person to whom, as a matter of law, this Act does not apply because the person fails to meet the requirements of section 6
b: the automatic enrolment rules have been applied to a person to whom, as a matter of law, those rules do not apply because the person fails to meet the requirements for the rules to apply:
c: the rule allowing opt-in, in section 33 section 33(a)
59B: Initial back-dated validation
1: As soon as practicable after anyone discovers the mistake, they must notify the Commissioner or the relevant KiwiSaver scheme provider.
2: The person described in section 59A section 6 section 33(a)
a: starting on the earliest day on which this Act applies, the automatic enrolment rules, or the rule allowing opt-in were applied to the person because of the mistake described in section 59A
b: ending on the earlier of—
i: 3 months after the mistake is discovered by the person's KiwiSaver scheme provider:
ii: 3 months after the mistake is notified to the provider by the Commissioner or another person:
iii: the day the provider pays the member's accumulation for the person to the Commissioner.
59C: Confirmed back-dated validation
1: This section applies if, during the period of initial back-dated validation under section 59B section 59A
a: is a person to whom this Act has been applied because of a mistake described in section 59A(a) section 6 section 6
b: is a person to whom the automatic enrolment rules were applied because of the mistake described in section 59A(b)
i: they meet the requirements of section 6 section 6
ii: they are less than the New Zealand superannuation qualification age; and
iii: they do not opt out.
2: The person is treated as a person in relation to whom no mistake described in section 59A section 6
3: The Commissioner must notify the provider that this section applies.
4: The relevant provider does not pay the member's accumulation for the person to the Commissioner.
59D: What happens when initial back-dated validation ends, with no confirmed back-dated validation?
1: This section applies when the period of initial back-dated validation under section 59B section 59C
2: The relevant provider must immediately—
a: provide the Commissioner with a notice stating, for the relevant person:
i: the amount of contributions received directly by the provider (not via the Commissioner) and when they were received; and
ii: the amounts paid out by the provider under a mortgage diversion facility, and when they were paid out; and
iii: the amounts paid out by the provider to the person as permitted withdrawals, when they were paid out, the types of permitted withdrawals, and the amount of Crown contributions included in the permitted withdrawals; and
b: pay the member's accumulation for the person to the Commissioner, if the provider has not already done so.
3: The Commissioner must pay, in accordance with subsection (4)
a: the contributions received by the provider (whether directly or via the Commissioner), less the total of—
i: the amounts paid out by the provider under a mortgage diversion facility:
ii: the amounts paid out by the provider to the person as permitted withdrawals, excluding the amount of Crown contributions included in the permitted withdrawals:
iii: Crown contributions:
b: the contributions held in respect of the person in the holding account described in section 72 section 84
c: the total amount of interest that the Commissioner would be liable for under section 84 paragraphs (a) and (b) paragraph (a)(i) to (iii) interest period section 87
i: beginning on the day the Commissioner received the contribution or the provider received the contribution (if the contribution was not via the Commissioner):
ii: ending with the day that the Commissioner pays the refund amount under this section.
4: The refund amount must be paid to the person, their employer, the Crown, and any other person making a contribution in respect of the person, in proportion to the Commissioner's best estimate of what they contributed, taking into account amounts described in paragraph (a)(i) and (ii)
5: When the Commissioner has paid the refund amount, the amount of member's accumulation for the person previously paid to the Commissioner (the accumulation money section 72 section 84 holding account money
a: the accumulation money and the holding account money are public money, and are not trust money for the purposes of sections 66 to 68 of the Public Finance Act 1989
b: Subpart 2 of Part 3
48: When this subpart does not apply
In section 62(c) is made is made and the payment is not salary and wages for a private domestic worker.
49: New section 63A inserted
After section 63
63A: How subpart applies to private domestic workers
For the purposes of this subpart, a private domestic worker who is an employer under paragraph (b) employer
50: Section 66 replaced
Section 66
66: Obligation to make deductions: general rule
The employer must make deductions of contributions from each payment of the employee's gross salary or wages of an amount equal to the contribution rate, unless section 66A
66A: Obligation to make deductions: transitional rule
1: This section applies to a payment of the employee's gross salary or wages that is for a pay period in the period starting on 1 April 2008 and finishing on 31 March 2012 if—
a: the employer and the employee agree that they will use the transitional rates in Schedule 4
b: the employer contribution for the payment of salary or wages is equal to or greater than the relevant transitional rate for the employer, given in Schedule 4
c: the employer contribution vests in the employee, as provided by the trust deed of the KiwiSaver scheme, immediately after it is made.
2: The employer must make deductions of contributions from the payment of gross salary or wages equal to the relevant transitional rate for the employee, given by Schedule 4
51: Deductions entered in and paid out of holding account
In section 73(3) KiwiSaver scheme KiwiSaver scheme, without further authority than this section
52: Initial contributions stay in holding account for 3 months
1: Section 75(1)
1: This section applies to all contributions received by the Commissioner in respect of a person in the 3-month period starting on the earlier of—
a: the day on which the Commissioner receives the first contribution in respect of the person:
b: the day on which the Commissioner is given notice or otherwise knows that the person is a member of a KiwiSaver scheme.
2: In section 75(3) 3 months 3 months (without further authority than this section where those contributions meet the requirements of section 73(1)
53: Small amounts of contributions may be held until big enough to be on-paid
In section 77(3) KiwiSaver scheme KiwiSaver scheme (without further authority than this section where that amount meets the requirements of section 73(1)
54: Refund by Commissioner of amounts paid in excess of required amount of deduction or if employee opts out
In section 80(1) the person from whose a person in relation to whom a contribution was made, or from whose
55: Refund by provider of amounts paid in excess of required amount of contribution
In section 81(1) the Commissioner the amount the Commissioner no more than the amount
56: Interest on money in holding account
1: In section 84(2) Section 69 of the Public Finance Act 1989 Sections 68(2) and 69 of the Public Finance Act 1989
2: After section 84(2)
3: Despite subsection (1)
57: Deductions treated as received on 15th of month for interest purposes
1: In the heading to section 85 Deductions treated as received on 15th of month Time when contributions treated as received
2: After section 85(2)
3: Every amount of employer contribution is treated, for the purpose of the payment of interest, as received by the Commissioner on the first day of the month in which the Commissioner receives the amount of employer contribution.
58: Interest rate
In section 86
2: The interest rate calculated using the formula is expressed as a percentage, rounded to 2 decimal places, with numbers at the midpoint or greater being rounded up and other numbers being rounded down.
59: New section 92A inserted
After section 92
92A: How subpart applies to private domestic workers
For the purposes of this subpart, a private domestic worker who is an employer under paragraph (b) employer
60: Section 93 replaced
Section 93
93: Employer contributions paid via Commissioner
1: An employer must pay all amounts of employer contributions to the Commissioner.
2: The payment of an amount of employer contribution must be accompanied by a PAYE payment form.
3: If the employer is not a private domestic worker, the contribution must be paid to the Commissioner within the time prescribed in section RA 15 of the Income Tax Act 2007
4: If the employer is a private domestic worker, the contribution must be paid to the Commissioner within the time prescribed in sections RA 8, RA 10, and RD 4(2) of that Act
5: The employer must include details of employer contributions paid in respect of each employee on the employer monthly schedule for the payments of salary or wages to which the contribution relates.
6: For the purposes of the Tax Administration Act 1994
61: Short payments by employers if not enough money remitted to Commissioner to cover all of employees' deductions and employer contributions
In section 98(3)(d) subpart 1. subpart 1; and
e: employer contributions that are not compulsory employer contributions.
62: New section 98A inserted
After section 98
98A: Quantifying short payments for the purposes of Income Tax Act 2007 and Tax Administration Act 1994
For the purposes of the Income Tax Act 2007 Tax Administration Act 1994
a: the amount of employer contribution that is treated as received by the Commissioner under section 98(2) of this Act
b: the amount, for the PAYE period, of employer contribution shown on either or both of a PAYE payment form and an employer monthly schedule in accordance with this subpart.
63: Short payments if not enough employer contribution remitted to cover all employees
1: In section 99(2)
2: For the purposes of this subpart, the amount of employer contribution (gross of any specified superannuation contribution withholding tax payable under the SSCWT rules) that the Commissioner is treated as receiving for any 1 employee is given by the following formula: .
2: In section 99(2) subsection (1)
2: For the purposes of this subpart, the amount of employer contribution (gross of any ESCT) that the Commissioner is treated as receiving for any 1 employee is given by the following formula: .
3: The following is added to section 99
4: For the purposes of this section, employer contribution does not include compulsory employer contribution to the extent of the employer's entitlement to a tax credit under section MK1(2)of the Income Tax Act 2007
64: Refunds of employer contribution by provider
1: In section 101(1)
a: may must
b: that this Act requires the Commissioner to on-pay to the provider of the employer contribution that this Act requires
2: Section 101(2)
65: New subpart 3A of Part 3 inserted
After subpart 3 of Part 3
3A: Compulsory employer contributions to KiwiSaver schemes and complying superannuation funds
101A: General
1: An employer must pay, in accordance with sections 101E and 101F compulsory employer contribution section 101D section 101C
2: Section 101B
3: Section 101G
4: The rest of this subpart provides rules relating to compulsory employer contributions to complying superannuation funds. Also, subpart 3
5: For the purposes of this subpart, a private domestic worker who is an employer under paragraph (c) employer
101B: Compulsory contributions must be paid on top of gross salary or wages except to extent that parties otherwise agree after 13 December 2007
1: The purpose of this section is to ensure that, for contractual arrangements of parties to an employment relationship (as defined in section 4(2) of the Employment Relations Act 2000 section 101D(3)
2: The contractual arrangements of parties to an employment relationship must not have the effect of defeating the purpose of this section described in subsection (1)
3: A contractual term or condition has no effect to the extent to which it is contrary to the purpose of this section described in subsection (1)
4: However, on and after 13 December 2007,—
a: parties to an employment relationship are free to agree contractual terms and conditions that ignore the purpose of this section described in subsection (1)
b: to the extent of such agreement described in subparagraph (a), subsections (1) to (3)
5: For the avoidance of doubt, the duty of good faith described in section 4 of the Employment Relations Act 2000
6: In this section, compulsory contributions section 101D(5)(a)
101C: Employee's requirements
For the purposes of section 101A(1)
a: is paid salary or wages from which the employer deducts or is required to deduct an amount for the employee's KiwiSaver scheme or complying superannuation fund; and
b: is aged 18 or over; and
c: is not entitled to withdraw an amount from a fund or scheme under clause 4(3)
d: is not a defined benefit scheme member.
101D: Compulsory employer contribution amount: general rule
1: The amount of a compulsory employer contribution is a positive amount calculated using the following formula: (payment of gross salary or wages × CEC rate) − other contributions − hybrid schemes amount.
2: The items in the formula are defined in subsections (3) to (6)
3: Payment of gross salary or wages
4: CEC rate
a: 1%, if the payment of gross salary or wages is made for a pay period that is in the year starting on 1 April 2008:
b: 2%, if the payment of gross salary or wages is made for a pay period that is in the year starting on 1 April 2009:
c: 3%, if the payment of gross salary or wages is made for a pay period that is in the year starting on 1 April 2010:
d: 4%, if the payment of gross salary or wages is made for a pay period that is in a year starting on or after 1 April 2011.
5: Other contributions
a: employer contributions made in the absence of this section:
b: employer's superannuation contributions made to, or amounts credited from within, (collectively, the contributions contributions scheme
i: the contributions scheme was registered before 17 May 2007, or the contributions scheme is one (a succeeding scheme section 9BAA of the Superannuation Schemes Act 1989 prior scheme
ii: the employer provided access to eligible employees to the contributions scheme or a prior scheme for the contributions scheme before 17 May 2007; and
iii: the employee is—
A: employed by the employer before 1 April 2008, and the employer makes or has agreed with the employee before 1 April 2008 to make or credit the contributions to the contributions scheme or a prior scheme for the contributions scheme; or
B: covered by a collective agreement that is in force before 17 May 2007 and expires after 1 April 2008 under which the employer is required to make or credit the contributions to the contributions scheme or a prior scheme for the contributions scheme; and
iv: the contributions scheme provides that the contributions vest completely in the employee in a period starting on or after the employee first becomes a member of the contributions scheme and ending no more than 5 years later:
c: employer's superannuation contributions or superannuation subsidies in relation to an employee—
i: whose employment is as a member of Parliament, a judicial officer, or a sworn member of the police:
ii: who is in a class of employees prescribed in regulations made under section 230A
6: Hybrid schemes amount subsection (7) subsection (5)(b)(i) to (iii)
a: which do not have an amount of other contributions for the period to which the payment of gross salary or wages relates; and
b: for which relevant retirement benefits are calculated by adding to the employee's total contributions a percentage of those contributions.
7: For the purposes of subsection (6) member's contribution × vesting percentage.
8: In the formula,—
a: member's contribution
b: vesting percentage
101E: Payment: allocation between schemes and funds
1: If the employer and employee agree to an allocation of compulsory employer contributions between an employee's KiwiSaver scheme and complying superannuation funds, the contribution allocation agreed is used for allocating payments.
2: If the employer and employee cannot agree what allocation of the amount of compulsory employer contribution is for an employee's KiwiSaver scheme or complying superannuation funds, the amount is—
a: first, for the employee's KiwiSaver scheme, up to the maximum required to meet an employer's compulsory employer contribution obligations:
b: second, for the employee's complying superannuation funds, pro-rata, to the extent to which an amount remains after applying paragraph (a)
101F: Payment rules: employers
1: If an amount of employer contribution for a payment of salary or wages is for the employee's KiwiSaver scheme, the amount must be paid by the employer to the Commissioner. The amount is subject to the rules provided in subpart 3
2: If an amount of compulsory employer contribution for a payment of salary or wages is for the employee's complying superannuation fund, the amount must be paid by the employer to the fund's provider no later than 1 month after the payment of salary or wages.
101G: Rules: providers
1: A provider must use the contribution allocation for a member to credit the amount of compulsory employer contribution they receive across the investment products to which a member has subscribed or has been allocated.
2: The contribution vests in the member immediately after it is paid to the provider, despite any provision to the contrary.
3: If a member of a KiwiSaver scheme or complying superannuation fund will be entitled within 2 months to withdraw an amount from the fund or scheme under clause 4(3) Complying superannuation funds
101H: Failure to pay: provider notice
1: This section applies if the provider of a complying superannuation fund knows that an employer has failed to pay to the provider an amount of compulsory employer contribution in accordance with this subpart.
2: The provider must, as soon as practicable, give a notice to the employer, requesting the payment of the amount of compulsory employer contribution. The provider must send to the Government Actuary a copy of the notice.
3: If the employer does not pay the amount of compulsory employer contribution to the provider within 1 month of this section first applying for the amount, and the total of the amounts of compulsory employer contributions unpaid is more than $500, then the provider must immediately give a notice to the Government Actuary.
4: A notice under subsection (3)
a: the name of the employer; and
b: the amounts of compulsory employer contributions unpaid; and
c: the employer's name, address, and tax file number (if known); and
d: specify the relevant employees to whom the failure to pay relates, their tax file numbers, and addresses; and
e: the pay periods and relevant amounts for the employees to whom the failure to pay relates; and
f: other information required by the Government Actuary.
5: If the employer pays an amount of compulsory employer contribution remedying a failure to pay that was notified to the Government Actuary under subsection (3)
66: New sections 101I to 101K inserted
After section 101H, the following is inserted:
101I: Failure to pay: Government Actuary's duties
1: If the Government Actuary receives a notice under section 101H(3)
2: The Government Actuary may use any power (with necessary modifications for complying superannuation funds) that the Government Actuary has in respect of KiwiSaver schemes in the performance of the duty to decide imposed by subsection (1)
3: As soon as practicable, the Government Actuary must give a notice to the employer showing the information described in subsection (4)
4: A notice under subsection (3)
a: require the payment of the amount (the liable amount) that the Government Actuary has decided, under subsection (1)
b: specify the relevant calendar months and related amounts; and
c: specify that the employer must pay the liable amount within 28 days after the notice is given; and
d: specify the employer's name, address and tax file number (if known); and
e: specify the relevant employees to whom the failure to pay relates, their tax file numbers, and addresses; and
f: specify the pay periods and relevant amounts for the employees to whom the failure to pay relates; and
g: inform the employer that failure to comply with the notice will result in the Commissioner receiving notice of the failure to comply; and
h: show other information required by the Commissioner.
5: If the employer does not pay the liable amount in the period specified in subsection (4)(c) subsection (1) section 186
a: give to the Commissioner a notice showing the information described in subsection (6)
b: send to the provider a copy of the notice.
6: A notice under subsection (5)
a: state that the employer has failed to comply with notices under section 101H(3) and subsection (3)
b: show the information described in subsection (4)
c: specify the extent to which an amount of compulsory employer contributions remains unpaid for the liable amount; and
d: specify the relevant employees to whom the unpaid amounts relate, their tax file numbers, and addresses; and
e: specify the pay periods and relevant amounts for the employees to whom the unpaid amounts relate.
7: If the Government Actuary makes a decision, upon an employer's objection to the Government Actuary's decision under subsection (1) section 101H(3) subsection (5)
101J: Failure to pay: Commissioner
1: If the Commissioner receives a notice under section 101I(5) section 101I(5)
2: The Commissioner must send the employer a notice of the amount due and payable, and the due date, specified in subsection (1)
101K: Recovered amounts
An amount of compulsory employer contribution for an employee's complying superannuation fund that is received by the Government Actuary or the Commissioner by virtue of this subpart must be paid by them to the relevant provider. The relevant amount of compulsory employer contributions remaining unpaid for the relevant liable amount is consequentially reduced.
67: Who may apply for contributions holiday
In section 102(b)(ii) scheme. scheme; or
iii: the date that the person is first a member of a complying superannuation fund.
68: Refund of initial contributions
Section 113(5) and (6)
5: The Commissioner must refund the contributions to which the application relates, if the Commissioner is reasonably satisfied that—
a: the person and the application meet the requirements of this section; and
b: reasonable alternative sources of funding have been explored and have been exhausted.
6: However, the Commissioner—
a: must not refund under this section any employer contributions that were made under section 93
b: may direct that, despite subsection (5)
69: New section 117A inserted
After section 117
117A: Restrictions on transactions
1: This section applies to a KiwiSaver scheme if the scheme has less than 20 members, treating all interests in the scheme held by persons associated under the 1988 version provisions of the Income Tax Act 2007
2: A transaction between a scheme's provider, and a person associated (under the 1988 version provisions of the Income Tax Act 2007
3: Despite subsection (2)
a: the KiwiSaver scheme must not have more than 5% of its assets in investments related to or managed by—
i: a provider (other than in their capacity of provider):
ii: a member:
iii: a person associated (under the 1988 version provisions of the Income Tax Act 2007
b: the provider must not lend money or provide financial assistance to—
i: a member:
ii: a person associated (under the 1988 version provisions of the Income Tax Act 2007
70: Further modifications to application of
sections 8 to 11 of Superannuation Schemes Act 1989 In section 121(3)(a) registered superannuation scheme KiwiSaver scheme
71: Requirement for annual report
1: In section 123(4)(b) in force. in force; and
c: if there has been an increase in a fee referred to in clause 2 section 228(p) section 127
2: In section 123(5)(a) KiwSaver KiwiSaver
3: In section 123(5)(e) report. report:
f: the total amount of each type of contribution received by the provider for the year, and the number of members credited with each type:
g: the total amount of members' accumulations at the end of the year, and the number of members with accumulations:
h: the total amounts of fee subsidies credited to members for the year, and the number of members credited.
4: After section 123(5)
6: The trustees must send to the Government Actuary a copy of the completed report within 28 days after its completion, and, if only abridged accounts are contained in the report, a copy of the annual accounts.
72: New section 125A added
After section 125
125A: Requirement for annual personalised statement of contributions and accumulations for members
The trustee of a KiwiSaver scheme or a complying superannuation fund must provide annually to each person who is a member of the provider's scheme or fund during the relevant year a statement showing the following for that person:
a: the amount of each type of contribution received by the provider for the year; and
b: the member's accumulation at the end of the year.
73: Terms relating to members' tax credits implied into trust deed
In section 128A
a: in subsection (1) The terms relevant to Terms necessary for giving effect to the law relating to
b: in subsection (2)
i: the words before subparagraph (a) The terms—
ii: in subparagraph (a) applies apply
iii: in subparagraph (b) is are
74: New section 128B inserted
Before the heading above section 129
128B: Terms relating to back-dated validation implied into trust deed
1: Terms necessary for giving effect to the law relating to back-dated validation of invalid membership under subpart 4 of Part 2
2: The terms—
a: apply despite anything to the contrary in a trust deed of a scheme; and
b: are enforceable by a trustee, and by a member, of the scheme.
75: New section 128C inserted
Before the heading above section 129
128C: Terms relating to lump sum payments by complying superannuation funds
1: Terms necessary for giving effect to paragraph (cc) complying fund rules section YA 1 of the Income Tax Act 2007
2: The terms—
a: apply despite anything to the contrary in a trust deed of a fund; and
b: are enforceable by a trustee, and by a member, of the fund.
76: New section 128D inserted
Before the heading above section 129
128D: Terms relating to compulsory employer contributions implied into trust deed
1: Terms necessary for giving effect to the law relating to compulsory employer contributions are implied into a trust deed that establishes—
a: a KiwiSaver scheme in relation to the KiwiSaver scheme:
b: a complying superannuation fund in relation to the complying superannuation fund.
2: The terms—
a: apply despite anything to the contrary in a trust deed of a scheme or fund; and
b: are enforceable by a trustee, and by a member, of the scheme or fund.
77: Amendment of trust deed governing KiwiSaver scheme
1: In the heading to section 129 or participation agreement trust deed
2: In section 129(1) trust deed of the scheme trust deed of the scheme, or to a participation agreement related to the trust deed,
3: Section 129(4)
78: Effect of registration of KiwiSaver scheme under
section 150
1: In section 153(d) the Income Tax Act 2004 Tax Administration Act 1994 provisions of the Income Tax Act 2004 Tax Administration Act 1994
2: In section 153(d) subsection (1) of the Income Tax Act 2004 of the Income Tax Act 2004 Income Tax Act 2007
79: Purpose of register
After section 158(a)
ab: to enable a member of the public to—
i: determine whether a fund is approved as a complying superannuation fund under the Superannuation Schemes Act 1989
ii: know how to contact the trustees of the fund; and .
80: Additional contents of register
1: After section 161(1)
1B: The register must contain the following information and documents for each complying superannuation fund:
a: the name of the fund; and
b: the date on which approval of the fund under section 35 of the Superannuation Schemes Act 1989
c: the names of the trustees of the fund and an address for service for the trustees; and
d: the date upon which the financial year of the fund ends; and
e: each notice of change sent or delivered under section 37 of the Superannuation Schemes Act 1989
2: After section 161(2)
2B: The information contained on the register under this section must be kept in separate subparts of the register.
81: Government Actuary may refuse access to or suspend operation of register, or omit or remove, or restrict public access to, information and documents in register
Section 162(2)
2: The Government Actuary may omit or remove from the register any of the information or documents that relate to a KiwiSaver scheme or complying superannuation fund if—
a: the scheme or fund is removed from the register; or
b: the Government Actuary considers, in the public interest, that the information or documents should not form part of the register.
82: Amendments to register
Section 163(a) and (b)
a: to keep the register accurate and up-to-date; or .
83: Duty to notify changes to Government Actuary
Section 164(2)
2: This section does not apply if the change has been notified in an annual report sent or delivered under section 123 section 165(d)
84: Powers of Government Actuary in event of scheme operating in contravention of this Act, etc
Section 169(3)
85: Objections and appeals against decisions of Government Actuary
In section 186(5) High Court High Court, unless the objection related to a decision under section 101I
86: New sections 189B and 189C inserted
After section 189
189B: Duty to give notice to Government Actuary about fee increases
Any person referred to in clause 2
189C: Powers of High Court in relation to unreasonable fees
1: If the High Court is satisfied, on the application of a member or the Government Actuary, that any of the persons referred to in clause 2
2: The High Court may make any other order it thinks fit for the purpose of giving effect to an order under subsection (1)
3: An application for an order may be made within 1 year of the day that the fee is imposed or debited.
4: In determining whether a fee is unreasonable for the purposes of this section, the High Court—
a: must have regard to any prescribed matter; and
b: may, to the extent it thinks fit, have regard to any guidelines published by the Government Actuary under section 127
c: may have regard to any other matter it thinks fit.
87: New section 205A inserted
After section 205
205A: Investment statements must contain responsible investment statement
1: Every investment statement relating to a KiwiSaver scheme or a complying superannuation fund must contain a statement in the following form if it is a scheme that takes responsible investment, including environmental, social, and governance considerations, into account in the investment policies and procedures of the scheme: Responsible investment, including environmental, social, and governance considerations, is taken into account in the investment policies and procedures of the scheme as at the date of this investment statement. You can obtain an explanation of the extent to which responsible investment is taken into account in those policies and procedures— [if the issuer has a website specify website address from the issuer, free of charge, upon request.
2: Every investment statement relating to a KiwiSaver scheme or a complying superannuation fund must contain a statement in the following form if it is a scheme that does not take responsible investment, including environmental, social, and governance considerations, into account in the investment policies and procedures of the scheme: Responsible investment, including environmental, social, and governance considerations, is not taken into account in the investment policies and procedures of the scheme as at the date of this investment statement.
3: The statements required by this section must be included at the end of the Who is involved in providing it for me?
4: For the purposes of the Securities Act 1978 Securities Regulations 1983
88: Factual description of, or transmission of information about, KiwiSaver scheme not investment advice
In section 206 paragraph (a) investment advice investment advice and is not an investment broker or a broker,
89: Certain sections of
Securities Act 1978 In section 210(2)(b)(ii) member's interest member's accumulation
90: Duty of Commissioner under
section 50 section 210
1: In section 211(1)(b) member's interest member's accumulation
2: In section 211(2) member's interest member's accumulation
91: Application of
sections 215 and 216
1: In the heading to section 214 sections 215 and 216 section 215
2: In section 214(1)
a: Sections 215 and 216 Section 215
b: or withhold contributions
3: Section 214(2)
92: Penalty for employer to fail to provide information
1: Section 215(2)(a)
a: nil if the Commissioner has not given notice to the employer, within the preceding 12 months, that—
i: a penalty may be imposed on the employer if the employer does not provide information as required by Part 2 or 3
ii: the employer has been liable under subsection (1) .
2: In section 215(3) to which any employer monthly schedule relates
3: In section 215(4) and section 216
93: Penalty for employer to fail to make deductions or to incorrectly make deductions
1: In the heading to section 216 to make deductions or to incorrectly make deductions or incorrectly make deductions, or to short pay compulsory employer contributions
2: In section 216(1)(b) this Act. this Act; or
c: has an amount (a short paid amount subpart 3 of Part 3
3: In section 216(2)(a) this Act this Act or if they have short paid amounts
4: In section 216(3) to which any employer monthly schedule relates
5: In section 216(4) in which the failure or incorrect deduction occurred in which the failure to deduct, incorrect deduction, or short paid amount occurred.
94: Section 216 repealed
Section 216
95: Consent to electronic transactions
In section 219
2: This section does not apply to the Commissioner of Inland Revenue or any employee or officer of the Inland Revenue Department.
96: Refunds made by direct credit to bank account
1: In section 221(1) A refund A refund by the Commissioner
2: In section 221(2) a refund the refund
3: In section 221(3) a refund the refund
97: Fee subsidies
In section 225(2) or of section 226
98: Crown contribution
1: Section 226(1)
1: The Crown must pay a contribution to the first KiwiSaver scheme of which a person ( A
1A: The contribution must be paid as soon as practicable after the date provided by subsection (1B) or (1C)
1B: Unless subsection (1C) subsection (1A)
a: the date on which the Commissioner receives the first contribution in respect of a person, if the person is one to whom subpart 1 of Part 3
b: the date that the Commissioner is given notice or otherwise knows that the person is a member of the KiwiSaver scheme: .
2: After section 226(1B)
1C: If A has transferred to their first KiwiSaver scheme from a complying superannuation fund, and A was a member of the complying superannuation fund for more than 3 months before transferring, the date for the purposes of subsection (1A) is the day on which the Commissioner is given notice that the person has transferred.
3: In section 226(2) The provider must credit the contribution on a pro rata basis The provider must use the contribution allocation for A to credit the contribution
4: After section 226(2)
2B: The contribution must vest in A immediately after it is paid to the provider, despite any provision to the contrary.
99: Regulations relating to mortgage diversion facility
1: In section 229(1) a mortgage diversion facility that allows contributions to be withdrawn from KiwiSaver schemes and applied towards the payment of amounts secured by mortgages mortgage diversion facilities that allow contributions in respect of a person to be withdrawn from the person's KiwiSaver scheme and complying superannuation funds to pay amounts secured by certain mortgages relating to that person
2: In section 229(2) the mortgage diversion facility that is provided for in the regulations any mortgage diversion facility provided for in regulations
3: In section 229(2)(b) KiwiSaver KiwiSaver and complying superannuation fund
4: Section 229(2)(c)(ii)
ii: the date that the relevant KiwiSaver scheme provider or complying superannuation fund provider received the first contribution in respect of that person's membership to the relevant scheme or fund: .
5: In section 229(2)(e) made available made available, but only to the extent to which the mortgage continues to be over the person's principal residence
6: In section 229(2)(f) are retained automatically in the person's KiwSaver account are not diverted from the person's KiwiSaver scheme and complying superannuation funds
7: Section 229(2)(i)
i: the amount diverted from a person's KiwiSaver scheme and complying superannuation funds is a fixed dollar amount, and is capped at not more than the total of—
i: half of the total contributions deducted for or contributed by the person, received by their KiwiSaver scheme provider; and
ii: half of the person's contributions to their complying superannuation funds, but limited to 4% of their annual gross base salary or wages for each complying superannuation fund: .
100: New section 230A inserted
After section 230
230A: Regulations relating to compulsory employer contributions
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Finance, make regulations prescribing a class of employees, for the purposes of the calculation of compulsory employer contributions, under section 101D(5)(c)(ii)
2: The Minister of Finance may make a recommendation under subsection (1)
101: New section 234
After section 233
234: Protection from non-compliance: Taxation (KiwiSaver) Act 2007
If, as a result of amendments provided by the Taxation (KiwiSaver) Act 2007, there is non-compliance with an Act before 1 February 2008, the non-compliance is ignored unless it continues on or after 1 February 2008. .
102: Schedule 1
1: Clause 2(2) to (5)
2: In clause 4(3) equal to that not more than the
3: In clause 8(8) employer vested contributions employer vested contributions that are not compulsory employer contributions
4: In clause 12(2) member's accumulation
5: In clause 12(3)(a) being unable being totally and permanently unable
6: In clause 13(1) the trustees
7: After clause 13(1)
1B: The application for a withdrawal under clause 10
8: In clause 14(2) accumulation accumulation less the amount of Crown contribution arising from a tax credit under section KJ 1 of the Income Tax Act 2004
9: In clause 14(2) subsection (8) section KJ 1 of the Income Tax Act 2004 section MK 1 of the Income Tax Act 2007
103: New schedule 4—Transitional contribution rates
The following is added to the KiwiSaver Act 2006
4: s 66A Transitional rates for employers and employees
Years in which pay period for payment of the employee's gross salary or wages falls Rate for employer (%) Rate for employee (%) 2 years starting on 1 April 2008 2 2 1 year starting on 1 April 2010 3 3 1 year starting on 1 April 2011 4 4 Superannuation Schemes Act 1989
104: Superannuation Schemes Act 1989
Sections 105 to 111 Superannuation Schemes Act 1989 2007-04-01 s 108 of the Superannuation Schemes Act 1989 2007-07-01 s 109 of the Superannuation Schemes Act 1989 2007-12-19 ss 105–107, 110(1), 111(1) of the Superannuation Schemes Act 1989 2008-04-01 s 110(2) of the Superannuation Schemes Act 1989 2009-04-01 s 111(2) of the Superannuation Schemes Act 1989
105: Interpretation
Section 2(1) participation agreement section 4(1) of the KiwiSaver Act 2006 .
106: When Government Actuary may approve transfers without consent of members and beneficiaries
1: In section 9BAA(1) all the members all or any of the members
2: After section 9BAA(1)
1B: This section applies despite anything to the contrary in a scheme's trust deed.
3: After section 9BAA(4)
4B: For a transfer that the Government Actuary has approved,—
a: each relevant member of the old scheme is treated as offering to be a member of the new scheme on the terms and conditions for that new scheme; and
b: the trustee of the new scheme is treated as accepting the member's offer.
107: New section 9D inserted
After section 9C
9D: Implied term as to reduction of scheme insurance upon transfer out of complying superannuation fund
1: This section applies to a registered superannuation scheme ( scheme A
a: scheme A provides or facilitates the provision of insurance (the scheme insurance person
b: the benefit of the scheme insurance is calculated by reference to contributions for the person held by a complying superannuation fund (the contributions
c: an amount of contributions is transferred out of the complying superannuation fund to a complying superannuation fund or KiwiSaver scheme (other than scheme A).
2: A term is implied into the trust deed of scheme A. That term must have the effect of allowing the benefit of the person's scheme insurance to be reduced in proportion to the amount of contributions transferred out of the complying superannuation fund to a complying superannuation fund or KiwiSaver scheme (other than scheme A).
108: Complying superannuation funds
1: Section 34(2)
2: The application must be accompanied by all information necessary to satisfy the Government Actuary of the matters referred to in section 35
2: After section 34(2)
3: The application must include a copy of any participation agreements that have been ratified by employers of employees in the scheme as applicable to the registered scheme.
109: Dealing with applications for complying superannuation funds
1: In section 35(1)(a) evidence contain
2: Section 35(1)(e)
e: any relevant participation agreement is—
i: an agreement entered into on or before 1 July 2007:
ii: an agreement (the successor participation agreement prior agreement
3: After section 35(4)
5: For the purposes of subsection (1)(e)
a: participation agreement
b: a participation agreement ( agreement A
i: agreement A succeeds and replaces the other participation agreement due to the merger or acquisition of a party to the other participation agreement; or
ii: all relevant members of a scheme covered by agreement A transfer by virtue of section 9BAA Superannuation Schemes Act 1989
110: New sections 37 to 41 inserted
1: After section 36
41: Transitional provision relating to lodging of participation agreements
The trustees of every scheme that has been approved as a complying superannuation fund before the date of commencement of this section must send to the Government Actuary, within 28 days after that commencement date, a copy of any participation agreements that have been ratified by employers of employees in the scheme as applicable to the complying superannuation fund.
2: After section 36
37: Duty to notify changes about complying superannuation funds to Government Actuary
1: The trustees of a complying superannuation fund must give notice to the Government Actuary of any changes to—
a: any of the information referred to in section 161(1B) of the KiwiSaver Act 2006
b: any information required to be contained in the register under section 161(2) of that Act
2: This section does not apply if the change has been notified in an annual report sent or delivered under section 14 of this Act 2006 No 40 s 164
38: Form of notice under section 37
1: A notice under section 37
a: be in the prescribed form (if any); and
b: contain, or be accompanied by, any other prescribed information or documentation; and
c: specify the effective date of the change; and
d: be given to the Government Actuary within 3 months of the later of—
i: the effective date of the change; or
ii: the trustees of the complying superannuation fund first becoming aware of the change.
2: References in this section to a prescribed form, or to prescribed information or documentation, are references—
a: to matters prescribed under section 30(b)
b: if the matter is not prescribed under that section, to the equivalent matter prescribed under section 228(b) of the KiwiSaver Act 2006 section 164 of that Act 2006 No 40 s 165
39: Duty to give notice to Government Actuary about fee increases
Any person referred to in clause 2
40: Powers of High Court in relation to unreasonable fees
1: If the High Court is satisfied, on the application of a member or the Government Actuary, that any of the persons referred to in section 39
2: The High Court may make any other order it thinks fit for the purpose of giving effect to an order under subsection (1)
3: An application for an order may be made within 1 year of the day that the fee is imposed or debited.
4: In determining whether a fee is unreasonable for the purposes of this section, the High Court—
a: must have regard to any prescribed matter under the KiwiSaver Act 2006
b: may, to the extent it thinks fit, have regard to any guidelines published by the Government Actuary under section 127 of that Act
c: may have regard to any other matter it thinks fit.
5: This section does not limit section 20 of this Act clause 2
111: Schedule 2—Matters to be specified in annual report
1: In schedule 2, clause 1(o) for the purposes of the Income Tax Act 2004
2: In schedule 2, clause 1(o)(iii) rules. rules; and
iv: if there has been an increase in a fee referred to in clause 2 section 228(p) of the KiwiSaver Act 2006 section 127 of that Act KiwiSaver Regulations 2006
112: KiwiSaver Regulations 2006
Sections 113 to 118 KiwiSaver Regulations 2006 2007-12-19 ss 113–118 of the KiwiSaver Regulations 2006
113: Regulation 6 replaced
Regulation 6
6: Purpose of annual return regulations
Regulations 8 and 9 section 125 of the Act
114: Regulation 7 revoked
Regulation 7
115: Fee subsidy
In regulation 20(4) The provider must credit each instalment of the fee subsidy on a pro rata basis The provider must use the contribution allocation for the member to credit each instalment of the fee subsidy
116: Mortgage diversion facility
1: In regulation 21 KiwiSaver schemes KiwiSaver schemes and complying superannuation funds
2: In regulation 21
2: For the purposes of regulations 22 to 29
117: What scheme provider must do to participate in mortgage diversion facility
In regulation 27(b) (which requires the amount to be capped at no more than half of the person's contribution rate and to be a fixed dollar amount)
118: New heading and regulations 30 and 31 added
After regulation 29 Qualifying person for withdrawal for purpose of purchase of first home
30: Qualifying person
For the purposes of clause 8(3)(c)(ii) of schedule 1 of the KiwiSaver Act 2006 regulation 31
31: Notice
For the purposes of regulation 30
a: is in the name of the person:
b: is signed by the Minister of Housing or a delegate:
c: states that the Minister of Housing or delegate is satisfied that the income, assets, and liabilities of the person represent a financial position that would be expected of a person that has never held an estate in land (whether alone or as a joint tenant or tenant in common). Holidays Act 2003 2007-05-17 ss 119–121 of the Holidays Act 2003
119: Meaning of ordinary weekly pay
In section 8(1)(c)(iv) of the Holidays Act 2003 employee. employee:
v: any payment of any employer contribution to a superannuation scheme for the benefit of the employee.
120: Meaning of relevant daily pay
In section 9(1)(b)(iii) of the Holidays Act 2003 employee. employee; but
c: excludes any payment of any employer contribution to a superannuation scheme for the benefit of the employee.
121: Meaning of gross earnings
In section 14(c)(ii) of the Holidays Act 2003 employment. employment:
iii: any payment of any employer contribution to a superannuation scheme for the benefit of the employee. KiwiSaver-related amendments to Income Tax Act 2007
122: Income Tax Act 2007
Sections 123 to 137 Income Tax Act 2007 2007-11-01 Income Tax Act 2007 2008-04-01 Income Tax Act 2007
123: New section CS 10B inserted
After section CS 10
CS 10B: Exclusion of permitted withdrawals from KiwiSaver schemes and complying superannuation funds
Section CS 1 complying superannuation fund KiwiSaver scheme permitted withdrawal 2004 No 35 s CS 10B
124: Contributions to employees' superannuation schemes
1: After section DC 7(1) Exclusion
1B: The employer is denied a deduction for a contribution, to the extent of the amount of a tax credit under section MK 9
2: In section DC 7 tax credit
125: What this subpart does
Section MK 1
MK 1: Tax credits for superannuation contributions
Tax credits for members paid to fund providers
1: A fund provider of a person's KiwiSaver scheme or a complying superannuation fund has a tax credit equal to an amount calculated under section MK 4 Section MK 2 Tax credits for employers
2: An employer who makes an employer contribution on behalf of an employee to a KiwiSaver scheme or a complying superannuation fund for a payment period has a tax credit for the period equal to an amount calculated under section MK 10 section MK 9 Calculations: fund providers
3: A tax credit referred to in subsection (1) Calculations: employers
4: A tax credit referred to in subsection (2) amount complying superannuation fund employee employer employer contribution fund provider KiwiSaver scheme member credit contribution pay tax credit tax year 2004 No 35 ss KJ 1, KJ 6, OB 1 member credit year
126: New cross heading
Before section MK 2 Tax credits for fund providers
127: Eligibility requirements
1: In section MK 2(1) Requirements for person
1: For the purposes of section MK 1(1) .
2: In section MK 2(1), paragraph (b)
b: they must have a creditable membership of a complying superannuation fund or a KiwiSaver scheme; and .
3: In section MK 2 creditable membership
128: Payment of tax credits
1: Section MK 3(1) When this section applies
1: This section applies when a member credit contribution is made to a KiwiSaver scheme or a complying superannuation fund.
2: In section MK 3(2) Subsection (5) section MK 4
3: In section MK 3(3) Subsection (5) the Commissioner.
4: Section MK 3(4) Payment
4: The Commissioner must pay the amount of the tax credit to the fund provider within 30 working days of the provider filing a claim form under section 68C(3) or (4) of the Tax Administration Act 1994 Exception: payment to person or another provider
5: Despite subsections (2) and (3)
a: to the person, if it would be impossible or impractical to pay it to the person's fund provider because either the person has no fund provider, or because the person has died or has suffered a serious illness as defined in schedule 1, clause 12(3) of the KiwiSaver Act 2006
b: to a fund provider ( provider B subsections (2) and (3)
5: In section MK 3
a: employer contribution member credit contribution
b: superannuation contribution
129: Amount of tax credit
Section MK 4
MK 4: Amount of tax credit
What this section does
1: This section sets out how to calculate the amount of a tax credit paid to a fund provider under section MK 3(2) section MK 1(3) Amount of credit for year
2: The amount of the tax credit is an amount equal to a person's total member credit contributions for the year for all of their complying superannuation funds and KiwiSaver schemes up to a maximum amount of $1042.86. Part-year equivalents: amount of tax credit
3: Despite subsection (2) section MK 2
a: for a person whose member credit contributions for the year are equal to or less than the part-year maximum amount calculated under subsection (4)
b: for a person whose member credit contributions for the year are greater than the part-year maximum amount calculated under subsection (4) Part-year equivalents: maximum amount
4: The part-year maximum amount referred to in subsection (3) Definition of item in formula
5: In the formula, days section MK 2 Parts of years
6: In subsection (3) days amount employee employer contribution first payment period fund provider member credit contribution salary or wages second payment period tax credit 2004 No 35 ss KJ 3, OB 1 member credit year
130: Credit given by fund providers
In section MK 6 The amount must be credited The provider must use the contribution allocation for a member to credit the amount of the tax credit
131: Treatment of tax credits on permanent emigration
In section MK 8(2)(a) for the person paid for the person and held by the provider
132: New sections MK 9 to MK 16 inserted
After section MK 8 Tax credits for employers
MK 9: Eligibility requirements
What is required
1: For the purposes of section MK 1(2)
a: pay an amount of employer contribution in relation to an employee who—
i: is aged 18 or over; and
ii: is not entitled to withdraw an amount from a fund or scheme under schedule 1, clause 4(3) KiwiSaver Act 2006
b: provide details of the amount of the tax credit relating to the employee in an employer monthly schedule or PAYE payment form; and
c: meet 1 of the requirements of section 6(2) of the KiwiSaver Act 2006 When details not required
2: Subsection (1)(b)
a: an unpaid amount of compulsory employer contribution referred to in a notice under section 101I(5) of the KiwiSaver Act 2006
b: an amount of short payment under Part 3, subpart 3 of that Act amount compulsory employer contribution employee employer employer contribution employer monthly schedule PAYE payment form tax credit 2004 No 35 s KJ 7
MK 10: Amount of credit
Amount of contributions or calculation
1: For a payment period, the amount of a tax credit under section MK 1(2)
a: the amount of the employer contributions for the employee for the period; and
b: the amount calculated using the formula— $20 × weeks in payment period. Definition of item in formula
2: In the formula, weeks in payment period section MK 9(1)(a) Meaning of payment period
3: In this section and in sections MK 11 to MK 13 payment period amount employee employer contribution first payment period salary or wages second payment period 2004 No 35 s KJ 8
MK 11: When tax credits arise
A tax credit referred to in section MK 10
a: for an employer who provides details of the amount of the credit under section MK 9(1)(b)
i: on the end date for the payment period under section RA 15(3)(a)
ii: on the date referred to in section RA 10(3)
b: for an employer to whom section MK 9(2)
i: receives the notice referred to in section 101I(5) of the KiwiSaver Act 2006
ii: determines that the employer has an amount of short payment under Part 3, subpart 3 of that Act Defined in this Act: amount, Commissioner, employer, notice, private domestic worker, tax credit 2004 No 35 s KJ 9(1)
MK 12: Using tax credits
Commissioner's use of credits
1: The Commissioner must use a tax credit referred to in section MK 10
a: first, to pay—
i: an amount of short payment under Part 3, subpart 3 of the KiwiSaver Act 2006
ii: to the fund provider of the complying superannuation fund, an amount equal to an unpaid amount of a compulsory employer contribution referred to in a notice under section 101I(5) of that Act
b: second, to pay an employer contribution:
c: third, to pay an amount payable for the payment period by the employer to the Commissioner under an Inland Revenue Act:
d: fourth, to pay an amount that is payable by the employer to the Commissioner under an Inland Revenue Act:
e: fifth, to treat a tax credit as overpaid tax refundable under section RM 2 Treatment of tax credit used
2: An amount of tax credit used or paid under subsection (1)(a)
a: received by the Commissioner for a payment period, for the purposes of calculating an amount of short payment under Part 3, subpart 3 of the KiwiSaver Act 2006
b: consequentially reducing a relevant amount of a compulsory employer contribution remaining unpaid, for the purposes of section 101K of that Act
c: received by the Commissioner for the purposes of section 74 of that Act amount Commissioner complying superannuation fund compulsory employer contribution employer fund provider Inland Revenue Acts tax tax credit 2004 No 35 s KJ 9(2), (3)
MK 13: When short payment and unpaid compulsory employer contributions found after tax credit used
When this section applies
1: This section applies when—
a: the Commissioner uses an amount of a tax credit under either or both section MK 12(1)(b) and (c)
b: following that use, for the payment period to which the amount of tax credit relates, there arises—
i: an amount of short payment under Part 3, subpart 3 of the KiwiSaver Act 2006
ii: an unpaid amount of compulsory employer contribution referred to in a notice under section 101I(5) of that Act Employer's liability
2: The employer is liable to pay an amount equal to the lesser of—
a: the amount of the tax credit used:
b: the amount described in subsection (1)(b) Treatment as amount of tax
3: The amount is treated as an amount of tax for the payment period in which notification of the amount described in subsection (1)(b) section MK 12(1)(a) amount Commissioner compulsory employer contribution employer notify tax credit 2004 No 35 s KJ 10
MK 14: Employees opting out
When an employee opts out under the KiwiSaver Act 2006 employee employer contribution salary or wages 2004 No 35 s KJ 11
MK 15: Groups of persons
For the purposes of this subpart, a group of persons described in 1 of the following paragraphs is treated as 1 employer:
a: 2 or more companies, if the companies are a group of companies; and
b: all partners in a partnership; and
c: all persons in whom property has become vested, or to whom the control of property has passed in the case of an estate of a deceased person, or a trust, or a company in liquidation, or an assigned estate, or other case in which property is vested or controlled in a fiduciary capacity. company employer group of companies group of persons 2004 No 35 s KJ 12
MK 16: Private domestic workers
For the purposes of this subpart, a private domestic worker who is an employer under paragraph (c) employer section 4 of the KiwiSaver Act 2006 employee private domestic worker salary or wages 2004 No 35 s KJ 6(4) .
133: Salary or wages
In section RD 5(1)(c)(vi) this Act. this Act; and
d: is defined in section RD 65(13)
134: Complying fund rules
Section RD 66
RD 66: Complying fund rules
The complying fund rules, for a superannuation fund and an employee's superannuation accumulation, means rules that—
a: meet all the requirements set out in schedule 28
b: do not detract from those requirements. complying fund rules employee's superannuation accumulation superannuation fund 2004 No 35 s OB 1 complying fund rules
135: Definitions
1: This section amends section YA 1
2: After the definition of complying trust compulsory employer contribution KiwiSaver Act 2006 .
3: After the definition of credit transfer notice creditable membership
a: means membership of a KiwiSaver scheme or a complying superannuation fund; and
b: includes the following periods:
i: the period beginning on the first day of a month in which a KiwiSaver contribution for the person is first deducted or first received by the Commissioner and ending on the day on which securities are first allotted by the scheme for the person:
ii: the days in the month in which securities are first allotted by the scheme or fund for the person:
iii: for the period beginning on 1 July 2007 and ending on the day on which securities are first allotted by the scheme for the person, and for a person who contributes to the scheme before 1 November 2007, the days in the month on which the scheme receives a valid application for membership from the person and the days remaining in the period .
4: In the definition of employee's superannuation accumulation
a: employer contributions: .
5: After the definition of employer employer contribution KiwiSaver Act 2006 .
6: After the definition of member member credit contribution
a: an amount of a superannuation contribution to the person's KiwiSaver scheme or complying superannuation fund that is subject to the KiwiSaver scheme rules or complying fund rules, as applicable, other than—
i: an employer's superannuation contribution for the person:
ii: a contribution withdrawn under a mortgage diversion facility provided for in regulations made under section 229 of the KiwiSaver Act 2006
iii: an amount accounted for under paragraph (b)
b: an amount received and held for the person by the Commissioner to which section 73, 74, or 75 of the KiwiSaver Act 2006
i: an employer's superannuation contribution for the person:
ii: an amount never paid by the Commissioner to the provider of the person's KiwiSaver scheme unless the amounts are not paid because of the person's death or because of a refund under section 113 of the KiwiSaver Act 2006 .
7: In the definition of superannuation scheme
136: New schedule 28 inserted
The new schedule 28 schedule 27 of the Income Tax Act 2007
137: Schedule 49—Enactments amended
In schedule 49 section 153(d) of the KiwiSaver Act 2006 |
DLM1034620 | 2007 | Subordinate Legislation (Confirmation and Validation) Act 2007 | 1: Title
This Act is the Subordinate Legislation (Confirmation and Validation) Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: General and technical provisions
3: Purpose of this Act
1: The purpose of this Act is to confirm and validate certain subordinate legislation that, in accordance with confirmation and validation provisions in the Acts under which it is made, lapses at a stated time unless earlier confirmed or validated by Act of Parliament.
2: The validations effected by sections 12 14 15 section 4
4: Validations to prevent expiry do not cure invalidity, etc
In the light of their purpose, the validations effected by sections 12 14 15
a: express an intention to give legislative force to the provisions of the enactments validated; or
b: apply to any reason for invalidating any of those enactments; or
c: override any presumption that would otherwise apply to any of those enactments.
5: Act binds the Crown
This Act binds the Crown.
6: Repeal
The Subordinate Legislation (Confirmation and Validation) Act 2006 2007-11-27 Subordinate Legislation (Confirmation and Validation) Act 2006
2: Confirmations and validations
7: Animal Products Act 1999 The Animal Products (Fees, Charges, and Levies) Regulations 2007
8: Commodity Levies Act 1990 The following orders are confirmed:
a: Commodity Levies (Pipfruit) Order 2006
b: Commodity Levies (Fish) Amendment Order 2006
c: Commodity Levies (Southern Scallops) Order 2007
d: Commodity Levies (Vegetables and Fruit) Order 2007
e: Commodity Levies (Avocados) Order 2007
f: Commodity Levies (Mussel, Oyster, and Salmon) Order 2007
9: Customs and Excise Act 1996 The following orders are confirmed:
a: Excise and Excise-Equivalent Duties (Tobacco Products Indexation) Amendment Order 2006
b: Excise and Excise-Equivalent Duties (Motor Spirits Indexation) Amendment Order 2007
c: Excise and Excise-equivalent Duties (Alcoholic Beverages Indexation) Amendment Order 2007
10: Fisheries Act 1996 The Fisheries (Schedules 2, 5, 6, and 8) Order 2007
11: Gambling Act 2003
The Gambling (Problem Gambling Levy) Regulations 2007
12: New Zealand Superannuation and Retirement Income Act 2001 and Social Security Act 1964
The Social Security (Rates of Benefits and Allowances) Order 2007
13: Road User Charges Act 1977
The Road User Charges (Rates) Order (No 2) 2007
14: Tariff Act 1988
The Tariff (Concession) Amendment Order 2007
15: War Pensions Act 1954
The War Pensions (Rates of Pensions, Lump Sum Payments, and Allowances) Order 2007 |
DLM967849 | 2007 | Weathertight Homes Resolution Services (Remedies) Amendment Act 2007 | 1: Title
This Act is the Weathertight Homes Resolution Services (Remedies) Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Purpose and application of Part 2
3: Principal Act amended
Part 2 Weathertight Homes Resolution Services Act 2006 2007-08-29 Weathertight Homes Resolution Services Act 2006
4: Purpose of Part 2
The purpose of Part 2
a: may be for general damages (for example, for relevant mental distress), or for any other remedy, that could be claimed in a court of law in relation to, or for consequences of, all or any of specified damage, deficiencies, loss of value, and penetration of water; and
b: may be resolved by a determination that is made under it by the tribunal and that is or includes an order requiring the payment of general damages (for example, for relevant mental distress).
5: Claims affected by amendments made by Part 2
1: The amendments made by Part 2
a: claims brought under the principal Act after the commencement of this Act; and
b: claims brought under the principal Act, but not withdrawn, terminated, or otherwise disposed of (for example, through resolution by a settlement agreement, or by a determination by the tribunal), before the commencement of this Act; and
c: claims adjudication of which was initiated under the Weathertight Homes Resolution Services Act 2002
i: under section 149 of the principal Act section 148 of the principal Act section 149(1) of the principal Act
ii: are not withdrawn, terminated, or otherwise disposed of before the commencement of this Act.
2: The claims in subsection (1)(a) (b)
a: brought under the former Act; and
b: of the kind specified in subsection (1)(c)
c: that are withdrawn and adjudicated under the principal Act in accordance with section 150 or 153 subpart 6 of Part 2, of the principal Act
3: A reference in subsection (1)(b) subpart 3, 4, or 5 of Part 2 of the principal Act Part 1 of the principal Act
a: as if it were a claim brought under the principal Act; and
b: subject to the relevant modifications specified in subpart 3, 4, or 5 of Part 2 of the principal Act
4: A claim disposed of through resolution by a determination of the tribunal, an adjudicator, or a person specified in section 149(1) of the principal Act subsection (1)
5: If, under subsection (1) Part 2
a: on adjudication at first instance by the tribunal, an adjudicator, or a person specified in section 149(1) of the principal Act
b: on any appeal or rehearing, and for the purposes of any review proceeding.
2: Amendments to principal Act
6: Interpretation
Section 8 damages general damages
a: cannot be objectively quantified in monetary terms; and therefore
b: are assessed and quantified in broader terms mental distress
a: emotional or mental anxiety:
b: distress or stress relevant mental distress section 50(1)(a) to (e) .
7: New section 50 substituted
Section 50
50: What remedies may be claimed
1: As long as it is an eligible claim, a claim under this Act may be for any remedy that could be claimed in a court of law in relation to, or for consequences of, all or any of the following:
a: deficiencies that enabled the penetration of water into the building concerned:
b: the penetration of water into the building concerned:
c: damage or loss of value caused by the penetration of water into the building concerned:
d: loss of value caused by the fact that there are deficiencies in the building concerned:
e: deficiencies that are likely in future to enable the penetration of water into the building concerned.
2: Remedy subsection (1)
3: Subsections (1) and (2)
a: are not limited or affected by subsection (2)(d), (3)(d), or (4)(d) of section 42
b: are subject to section 91
8: How to initiate adjudication
Section 62(3)(c)
a: by omitting relief or
b: by inserting ( see section 50 remedy
9: Tribunal's determination: substance
Section 90(1)
1: The tribunal may make any order that a court of competent jurisdiction could make in relation to a claim in accordance with principles of law.
1A: An order under subsection (1)
1B: Subsection (1A) subsection (1)
10: Claim may continue under former Act or be withdrawn
Section 148(1)
1: The claim must be dealt with—
a: as if Part 1
b: under the former Act as modified by section 148A
11: New section 148A inserted
The following section is inserted after section 148
148A: How former Act modified for section 148(1)
The former Act must for the purposes of section 148(1) Schedule 4
12: New Schedule 4 added
The principal Act is amended by adding the Schedule 4 set out in the Schedule |
DLM404782 | 2007 | Judicature Amendment Act 2007 | 1: Title
This Act is the Judicature Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Amendments to Judicature Act 1908
This Act amends the Judicature Act 1908
4: Age of retirement
Section 13 68 70
5: Rights on retirement before attaining retiring age
Section 14 68 70
6: Vacation of office
Section 26E(3) 68 70
7: Temporary Associate Judges
Section 26H(3) 68 70 |
DLM968472 | 2007 | Racing Amendment Act 2007 | 1: Title
This Act is the Racing Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Racing Act 2003 2007-09-20 Racing Act 2003
4: Nomination advisory panel
Section 12 subsection (5)
5A: If a panel member is unable to participate in a meeting of the panel, the panel member may designate a suitably qualified person to act as a substitute member, who is entitled, in the absence of the panel member,—
a: to participate in the meeting in the panel member's place; and
b: to be treated as a member of the nomination advisory panel for the purposes of the meeting. |
DLM968218 | 2007 | Electricity Amendment Act 2007 | 1: Title
This Act is the Electricity Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Electricity Act 1992 RA 2007-09-20 Electricity Act 1992
4: Regulations
1: Section 169(1) paragraph (8)(b)
2: Section 169(1) paragraph (23) Statistics
23A: authorising the Secretary to obtain such information concerning the generation, conversion, transformation, conveyance, sale, consumption, and use of electricity as may be required for statistical purposes: .
5: Electricity governance regulations
Section 172D(1)(10) electricity generators generators
6: Purpose
Section 172L(b) electricity governance organisations the Electricity Commission |
DLM406435 | 2007 | Student Loan Scheme Amendment Act 2007 | 1: Title
This Act is the Student Loan Scheme Amendment Act 2007.
2: Commencement
1: Sections 4(2) to (6) (8) 5 to 8 10 to 13 15 17 19 21 27 28 31 32 35 37(2) (3) 39 40 42 43(4) (5) 44(4)
2: Sections 24 30
3: Sections 4(1) (7) 37(1) 45
4: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act
3: Principal Act amended
This Part amends the Student Loan Scheme Act 1992
4: Interpretation
1: Section 2 base interest rate interest adjustment rate 2008-04-01 Section 2
2: Section 2 IRD loan balance IRD loan balance
a: obtained by the borrower under the student loan scheme; and
b: transferred to the Commissioner for collection— and includes any increase under section 103 .
3: The definition of loan balance section 2 , and includes any increase under section 103
4: Section 2 New Zealand based subsection (2) overseas based subsection (3) .
5: The definition of non-resident repayment obligation section 2 non-resident overseas based
6: The definition of repayment obligation section 2
a: omitting a resident New Zealand based
b: omitting a non-resident overseas based
7: Section 2 total interest rate total interest rate section 87 2008-04-01 Section 2
8: Section 2
2: For the purposes of this Act, a borrower is New Zealand based section 38AA
3: For the purposes of this Act, a borrower is overseas based section 38AA
5: Heading to Part 2 amended
The heading to Part 2 borrowers resident in New Zealand New Zealand based borrowers
6: Repayment obligation for resident borrowers
1: The heading to section 14 resident borrowers New Zealand based borrowers
2: Section 14(1) resident New Zealand based
7: New section 14A inserted
The following section is inserted after the heading above section 15
14A: Declaration of world-wide income by certain borrowers
1: This section applies to borrowers who, for the purposes of this Act, are New Zealand based but are not resident.
2: For each tax year and each part tax year in respect of which this section applies to a borrower, that borrower must furnish to the Commissioner details of all amounts of that borrower's gross income that are not treated as having a source in New Zealand under section OE 4 of the Income Tax Act 2004
3: The borrower must furnish the information to the Commissioner at the time when the borrower would have furnished his or her return of income for a tax year under the Tax Administration Act 1994
4: The Commissioner may require the borrower to provide evidence of that borrower's gross income.
8: Commissioner to assess borrower's repayment obligation
1: Section 15 subsection (1)
1: Unless section 33A(1) of the Tax Administration Act 1994
a: his or her return of income for that tax year under the Tax Administration Act 1994
b: details of all amounts of his or her gross income under section 14A(2)
2: Section 15(3) ; or
d: the details of all amounts of a borrower's gross income provided to the Commissioner under section 14A
9: Employer or PAYE intermediary to make repayment deductions
Section 19(2) the employer is aware that if
10: Part 3 substituted
Part 3
3: Collection of repayments from overseas based borrowers
31: Definitions used in this Part
In this Part, unless the context otherwise requires,— opt-out period section 33(1) repayment holiday
32: Overseas based borrowers are entitled to 3-year repayment holiday
1: A borrower who becomes overseas based after 1 April 2007 is entitled to a repayment holiday for a maximum period of 3 years.
2: A borrower is only entitled to a repayment holiday for periods when the borrower is overseas based.
3: A repayment holiday may consist of 1 or more periods of time when a borrower is overseas based, but in total those periods must be for 3 years or less.
4: If a borrower is, at any time, overseas based after that borrower's 3-year repayment holiday has ended, that borrower's repayment obligation must be calculated in accordance with section 34
5: Any 1 borrower is only entitled to receive 1 3-year repayment holiday.
33: Borrowers may choose not to have repayment holiday
1: A borrower may, by giving notice to the Commissioner, choose not to have a repayment holiday for any period during which that borrower is overseas based.
2: A borrower may have 1 or more opt-out periods.
3: An opt-out period may begin from a date prior to the date on which a borrower gives notice to the Commissioner under subsection (1)
4: An opt-out period ends if a borrower becomes New Zealand based.
5: A repayment holiday—
a: ends if an opt-out period begins; and
b: begins when an opt-out period ends (provided that the borrower has, at that time, had a repayment holiday for a total of less than 3 years).
6: If a borrower is overseas based and chooses to have an opt-out period, that borrower's repayment obligation must be calculated in accordance with section 34
7: Notice under subsection (1)
a: by telephone; or
b: in writing; or
c: in any other manner acceptable to the Commissioner.
8: However, the Commissioner may require notice to be given in writing.
34: Repayment obligations of overseas based borrowers
1: This section applies to an overseas based borrower—
a: whose 3-year repayment holiday has ended; or
b: who has chosen to have an opt-out period.
2: A borrower to whom this section applies has the repayment obligations set out in subsections (3) to (5)
3: If the borrower's loan balance is less than $1,000, the borrower's repayment obligation for the first tax year during which this section applies to the borrower is the amount of the borrower's loan balance.
4: If the borrower's loan balance is—
a: $15,000 or less, the borrower's repayment obligation is $1,000 for each full tax year during which the borrower is overseas based:
b: more than $15,000 and less than or equal to $30,000, the borrower's repayment obligation is $2,000 for each full tax year during which the borrower is overseas based:
c: more than $30,000, the borrower's repayment obligation is $3,000 for each full tax year during which the borrower is overseas based.
5: The borrower's repayment obligation for the portion of any tax year (being less than a full tax year) during which the borrower is overseas based is calculated as follows: where—
x: = the number of days in the tax year during which the borrower was overseas based
y: = 1 of the following:
a: $1,000, if the borrower's loan balance is $15,000 or less; or
b: $2,000, if the borrower's loan balance is more than $15,000 and less than or equal to $30,000; or
c: $3,000, if the borrower's loan balance is more than $30,000.
6: If subsection (3) subsections (4) and (5)
7: For the purposes of this section, the amount of a borrower's loan balance is the amount of the loan balance as at the date on which this section first applies to that borrower and then (subject to section 36A
35: Repayment obligations of overseas based borrowers subject to penalties
1: For each tax year in which an overseas based borrower is liable to pay a penalty on the entirety of the borrower's loan balance, that borrower's repayment obligation is zero.
2: For each tax year in which an overseas based borrower's repayment obligation under section 34 penalty free loan balance
3: Nothing in this section affects overdue repayment obligations that were assessed in previous tax years.
4: This section overrides section 34
36: Repayment to be made by instalments
1: A borrower's overseas based repayment obligation for a tax year must be paid by the borrower in 2 equal instalments.
2: The instalments are due and payable in the tax year on—
a: 30 September:
b: 31 March.
36A: Repayment obligation for borrowers who are overseas based for part of tax year
If a borrower is overseas based for part, but not the whole, of a tax year as a result of that borrower becoming New Zealand based during that tax year,—
a: section 34(5) or section 35
i: is not entitled to a repayment holiday; or
ii: has chosen to have an opt-out period; and
b: the borrower's overseas based repayment obligation is payable in such instalments as the Commissioner determines; and
c: Part 2 New Zealand based period
36B: Assessments in year borrower is overseas based
1: As soon as practicable after being notified that, or becoming aware that, a borrower is or will be overseas based, the Commissioner must make an assessment of the amount of that borrower's overseas based repayment obligation for that year.
2: The Commissioner must continue to make an assessment of the amount of a borrower's overseas based repayment obligation for each year, or part of a year, that the borrower remains overseas based.
3: The assessment must be made in accordance with the loan contract and this Act.
4: The Commissioner must give notice to the borrower of the amount assessed as soon as practicable after the making of the assessment.
5: Subsection (4)
11: Borrower to advise Commissioner of absence from New Zealand
1: Section 37(1) 3 6
2: Section 37(1)(b) non-resident overseas based
3: Section 37(2) 3 6
12: Power of Commissioner to grant exemptions to borrowers who do not satisfy 183-day requirement
Section 38AE subsection (3)
3A: The conditions in section 38AEA subsection (1)(b)
13: New section 38AEA inserted
The following section is inserted after section 38AE
38AEA: Conditions to charitable organisation exemption
An applicant under section 38AE(1)(b)
a: provide proof that the work he or she did as a volunteer or for token payment for a charitable organisation was 1 or more of the following:
i: work to relieve poverty, hunger, sickness, or the ravages of war or natural disaster; or
ii: work to improve the economy of a country that is recognised by the United Nations as a developing country; or
iii: work to raise the educational standards of a country that is recognised by the United Nations as a developing country; and
b: provide the Commissioner with the information described in section 14A(2), and section 14A(3) and (4)
14: Conditions to employment or occupation absence exemption
1: Section 38AH(c) subparagraph (i)
i: a source deduction payment, as defined in section OB 2(1) of the Income Tax Act 2004 .
2: The requirement of section 38AH(c)(i) subsection (1)
a: made an application under section 38AE(1)(e)
b: makes an application under section 38AE(1)(e)
15: Power of Commissioner to grant exemption to borrowers undertaking post-graduate study overseas
1: The heading to section 38AJ post-graduate study overseas study at post-graduate or under-graduate level overseas
2: Section 38AJ(1) or under-graduate post-graduate
3: Section 38AJ(2)(a)
a: omitting post-graduate
b: inserting or under-graduate post-graduate
4: Section 38AJ(2)(b) post-graduate
5: Section 38AJ(2) ; and
d: must provide the Commissioner with the information specified in section 14A(2), and section 14A(3) and (4)
6: Section 38AJ(4)
a: inserting or under-graduate post-graduate
b: omitting levels level 7,
16: New section 38AL inserted
The following section is inserted after section 38AK
38AL: Commissioner's discretion for initial 183-day period for new borrowers
1: The Commissioner may at his or her discretion, if the Commissioner considers that it is fair and reasonable to do so, reduce the amount of interest calculated on an eligible borrower's loan balance to zero for interest chargeable during some or all of the period starting on the day on which the borrower first received a student loan and ending 182 days after that day.
2: If the Commissioner reduces the amount of interest calculated on an eligible borrower's loan balance to zero under subsection (1)
3: The Commissioner may specify a start date of 1 April 2006, or any date after that date.
4: In this section,— eligible borrower
a: first received a student loan after 1 April 2006; and
b: was personally absent from New Zealand for a period of 183 days or less during the period starting on the day on which the borrower first received a student loan and ending 182 days after that date first received
17: Headings and sections 38A to 41 repealed
1: The headings above sections 38A 39 40
2: Sections 38A to 41
18: Interest statement
Section 43
3: Subsection (2)
4: If the amount of interest charged is corrected, the Commissioner must give written notice to the relevant borrower as soon as practicable after the amendment.
19: Late payment penalties
1: Section 44(1)(c) a non-resident an overseas based
2: Section 44(2)(a) (b) 2% 1.5%
3: Paragraph (d) amount of the default section 44(3)
a: omitting a non-resident an overseas based
b: omitting non-resident overseas based
4: Paragraph (d) due date section 44(3) a non-resident an overseas based
20: New section 44B inserted
The following section is inserted after section 44A
44B: No interest on portion of loan balance subject to penalty
1: No interest may be charged on any portion of a loan balance on which a borrower is liable to pay a penalty.
2: Subsection (1)
a: despite any provision in a loan contract; and
b: with effect from 1 April 1992.
21: Heading and sections 45A to 45D repealed
The heading above section 45A 45A to 45D
22: Recovery of repayment obligation
Section 46(2) and section 211
23: New section 50 substituted
Section 50
50: Priority of payments
Any payment in respect of a repayment obligation must be off-set—
a: first, against any interest charged; and
b: secondly, against any principal outstanding.
24: New section 51 substituted
Section 51
51: Power of Commissioner in respect of small amounts
1: The Commissioner may refrain from refunding any repayment obligation (or part of a repayment obligation) payable to a borrower, or any repayment deduction (or part of a repayment deduction) payable to an employer or a PAYE intermediary, if—
a: the amount payable to a borrower in any tax year is $5 or less; or
b: the amount payable to an employer or a PAYE intermediary in any period is $5 or less.
2: The Commissioner may refrain from issuing a notice of assessment or refrain from collecting and write off any repayment obligation (or part of a repayment obligation) payable by a borrower, or any repayment deduction (or part of a repayment deduction) payable by an employer or a PAYE intermediary, if—
a: the amount payable by a borrower in any tax year is $20 or less; or
b: the amount payable by an employer or a PAYE intermediary in any period is $20 or less.
3: The Commissioner may refrain from collecting payment of a repayment obligation (or part of a repayment obligation) if that repayment obligation (or part of a repayment obligation)—
a: is more than $20 but less than $333; and
b: has not been paid by the due date (as that term is defined in section 44
4: Any amount that, under subsection (3)
5: This section applies despite anything in this Act. 2007-10-01 Section 51
25: New section 51A inserted
The following section is inserted after section 51
51A: Commissioner may refrain from collecting amounts between $5 and $333
1: The Commissioner may refrain from collecting payment of a repayment obligation (or part of a repayment obligation) if that repayment obligation (or part of a repayment obligation)—
a: is more than $5 but less than $333; and
b: has not been paid by the due date (as that term is defined in section 44
2: Any amount that, under subsection (1)
3: This section applies despite anything in this Act.
4: This section expires on the close of 30 September 2007.
26: Relief from penalty
1: Section 53(1) in writing
2: Section 53 subsection (1)
1A: An application for relief may be made—
a: by telephone; or
b: in writing; or
c: in any other manner acceptable to the Commissioner.
1B: However, the Commissioner may require an application for relief to be made in writing.
27: New sections 54 to 55D substituted
Sections 54 55
54: Borrowers may apply for hardship relief
1: A borrower may apply to the Commissioner for 1 or more of the following:
a: hardship relief for the tax year immediately prior to the current tax year:
b: hardship relief for the current tax year:
c: hardship relief for the next tax year.
2: An application under subsection (1)(c)
3: An application may be made—
a: by telephone; or
b: in writing; or
c: in any other manner acceptable to the Commissioner.
4: However, the Commissioner may require an application to be made in writing.
55: Commissioner may refund or reduce amounts deducted or paid for repayment obligation
If an application has been made under section 54
a: refund any amount that was deducted or paid to meet a repayment obligation in the tax year immediately prior to the current tax year if the Commissioner—
i: is satisfied that payment of that repayment obligation is causing serious hardship to the borrower; or
ii: considers that there are other special reasons that make it fair and reasonable to do so:
b: reduce any amount that must be deducted or paid in order to meet the repayment obligation assessed or to be assessed for the current tax year or the next tax year if the Commissioner—
i: is satisfied that the amount being deducted or paid, or to be deducted or paid, has caused or will cause serious hardship to the borrower; or
ii: considers that there are other special reasons that make it fair and reasonable to do so.
55A: Effect of Commissioner's decision under
section 55(a)
1: If the Commissioner refunds any amount to a borrower under section 55(a)
a: retrospectively decrease that borrower's repayment obligation for the relevant tax year; and
b: refund the whole or part of the portion of the repayment obligation that is the difference in assessment amounts.
2: A refund that is made under this section must be made in the manner required under section 184A of the Tax Administration Act 1994
55B: Effect of Commissioner's decision under
section 55(b)
1: If the Commissioner reduces the amount to be deducted or paid by a borrower under section 55(b)
a: issue to that borrower a special repayment deduction rate certificate that varies the standard deduction rate in accordance with the Commissioner's decision under section 55(b)
b: reduce the percentage payable by that borrower under section 27(1) section 55(b)
c: reduce that borrower's repayment obligation under section 34 section 55(b)
2: If the Commissioner reduces the amount to be deducted from, or paid by, a borrower to zero, section 18
3: If a borrower has given his or her employer notice in accordance with section 18
4: Section NC 14 of the Income Tax Act 2004
55C: Effect of Commissioner's decision under
section 55
1: Any amount that, as a result of a decision under section 55
2: Section 56 or 57 section 56(1)(a) to (e) or section 57(1)
55D: Borrowers must inform Commissioner of change of circumstances and Commissioner may review
1: A borrower who applies for hardship relief under section 54
a: means that any information supplied to the Commissioner under section 54
b: may affect whether or not a borrower would have been, or will continue to be, granted hardship relief under section 55
2: The Commissioner may, at the end of a tax year, review any decision he or she made during that year to grant hardship relief to a borrower.
3: If for any reason the Commissioner considers that the circumstances for the grant of that hardship relief have changed, the Commissioner may do either or both of the following:
a: require the borrower to take any action that is required in order to reverse the effects of the hardship relief that was granted to the borrower:
b: reinstate all or part of the repayment deduction or repayment obligation that would have applied to the borrower if hardship relief had not been granted to the borrower, and require payment of any amount that would have been due during the relevant tax year.
28: Election by non-resident to receive refund or to apply overpayment to loan balance
1: The heading to section 57 non-resident overseas based borrower
2: Section 57(1) non-resident overseas based
29: Repayment obligation paid in excess may be refunded when assessments reopened
Section 58A(1) the tax year ending on 31 March 2006 or any prior tax year any tax year
30: Write-off of loan balance
Section 60(c) $10 $20 2007-10-01 Section 60(c)
31: New section 61 substituted
Section 61
61: Tax year other than 12 months due to change in balance date
If a borrower's net income is for a period other than 12 months as a result of the borrower changing his or her balance date for income tax purposes, for the purpose of calculating the amount of that borrower's repayment obligation, the repayment threshold is calculated as follows: where—
a: is the amount of the repayment threshold referred to in section 2
b: is the number of days in the period.
32: Disclosure of information
1: Section 62(1A) subsection (2)(ab)
2: Section 62(2)(ab)
3: Section 62(2AA)
33: New sections 62A and 62B inserted
The following sections are inserted after section 62
62A: Disclosure of information for information matching purposes
1: The purpose of this section is to facilitate the exchange of information between the Department and the New Zealand Customs Service for the purpose of establishing an information matching programme to assist the Commissioner to verify—
a: borrowers' entitlements to a full interest write-off under section 38AA
b: whether borrowers are New Zealand based or overseas based for the purposes of this Act:
c: whether borrowers are resident or non-resident for the purposes of this Act.
2: For the purpose of this section, the Commissioner may provide to the chief executive of the New Zealand Customs Service any of the following information that is held by the Department:
a: a borrower's name or any other name by which a borrower is known:
b: a borrower's date of birth:
c: a borrower's tax file number.
3: The Commissioner and the chief executive of the New Zealand Customs Service 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.
4: Subsection (2)
62B: Power of Commissioner to access arrival or departure information
In accordance with, and for the purpose set out in, section 280I of the Customs and Excise Act 1996
34: Objection to decision concerning grant of exemption
Section 65A is amended by adding the following paragraphs:
e: not to reduce the amount of interest calculated on an eligible borrower's loan balance under section 38AL
f: specifying the start and end dates for the period for which the amount of interest calculated on an eligible borrower's loan balance is reduced to zero under section 38AL(2)
i: not fair and reasonable; or
ii: erroneous.
35: Section 66A repealed
Section 66A
36: Heading to Part 7 amended
The heading to Part 7 , amendments to other Acts, and transitional provisions and miscellaneous matters
37: Regulations
1: Section 87(1) paragraphs (ab) (ac)
ab: specifying a formula or methodology, and other requirements, in accordance with which the total interest rate must be set or reset for the purposes of this Act:
ac: determining, in accordance with the formula or methodology and requirements specified under paragraph (ab) . 2008-04-01 Section 87(1)
2: Section 87(1)(ba)
3: Section 87(4) or subsection (1)(ba)
38: New section 88 inserted
The following section is inserted after section 87
88: Full interest write-offs, base interest write-offs, and interest reductions validated
1: This section applies to a borrower whose loan balance was treated by the Commissioner as being zero or less on 13 November 2006 and who, in relation to that loan balance, received 1 or more of the following in any tax year that ended prior to 1 April 2006:
a: a full interest write-off as described in section 38C section 17 of the Student Loan Scheme Amendment Act 2007
b: a base interest write-off as described in section 39(2) section 17 of the Student Loan Scheme Amendment Act 2007
c: an interest reduction as described in section 40(2) section 17 of the Student Loan Scheme Amendment Act 2007
2: In relation to a borrower to whom this section applies,—
a: the full interest write-off described in subsection (1)(a)
b: the base interest write-off described in subsection (1)(b)
c: the interest reduction described in subsection (1)(c)
3: This section does not affect any loan obtained by the borrower under the student loan scheme after 13 November 2006.
4: This section applies despite anything in any other enactment or in a loan contract.
39: Headings and sections 89 to 102 repealed
1: The heading above section 89 section 89
2: Sections 89 to 102
40: New Parts added
The following Parts are added:
8: 2007/08 transitional provisions for fresh start for certain borrowers
89: Interpretation
In this Part, unless the context otherwise requires,— amnesty application date section 93(1)(a)(i) amnesty condition sections 94 to 97 and 100 late payment penalties
a: means any penalty that was charged under section 44 section 91
b: includes any penalty that would have been charged under section 44 section 90 non-resident repayment obligation Part 3 Part 3 section 10 of the Student Loan Scheme Amendment Act 2007 off-set old amnesty sections 45A to 45D section 21 of the Student Loan Scheme Amendment Act 2007 old repayment obligation section 90 resident repayment obligation Part 2 Fresh start for certain non-resident borrowers
90: No need to issue non-resident repayment obligations for period before 1 April 2007
The Commissioner is not obliged to issue any new non-resident repayment obligation in relation to a borrower for any period before 1 April 2007 if the Commissioner has not previously issued a non-resident repayment obligation in relation to that borrower for that period.
91: Penalties cancelled, and interest imposed, for certain non-resident borrowers
1: This section applies to a borrower who was—
a: non-resident on 31 March 2006; and
b: in arrears in respect of all or part of an old repayment obligation as at 1 April 2007.
2: All old repayment obligations and all associated penalties of a borrower to whom this section applies are reduced to zero, to the extent that the old repayment obligations or the associated penalties are unpaid as at 1 April 2007.
3: The amount that was to be paid in respect of the old repayment obligations is subject to interest from the date that the old repayment obligations were (or would have been) originally due at the total interest rate that applied over the period of non-payment of those obligations on the daily amount outstanding.
4: For the avoidance of doubt, the amount that was to be paid in respect of the old repayment obligations remains part of the borrower's loan balance, and that loan balance remains outstanding and due for repayment in accordance with subsequent repayment obligations assessed by the Commissioner. Examples Example 1: Lenore Lenore has a loan balance on 1 April 2005 of $15,000. Lenore was issued with non-resident assessments of $1,997 for the 2005–06 tax year and $1,919 for the 2006–07 tax year, which she has failed to pay. The 2005–06 assessment ceased to be subject to standard interest (7% for the 2005–06 tax year) and instead became subject to compounding late payment penalties of 2% per month from 1 April 2006. The 2006–07 assessment ceased to become subject to standard interest (6.9% for the 2006–07 tax year) 1 year later on 1 April 2007. Her total late payment penalties on 31 March 2007 are $536 and her loan balance is $17,555. On 1 April 2007 her overdue debt is zero and her loan balance is reduced by $398 (penalties of $536 less interest of $138 charged in place of penalties) to $17,157. Example 2: Keith Keith left New Zealand on 31 March 2005 with a loan balance of $20,000. The Commissioner was not aware that Keith was a non-resident and therefore did not issue non-resident assessments while Keith was overseas. On 1 April 2007 the Commissioner becomes aware that Keith is a non-resident and has been since 1 April 2005. The Commissioner is not required to make non-resident repayment obligation assessments for tax years prior to 1 April 2007. Keith has not made any repayments while overseas and his loan balance is $22,877 on 1 April 2007, including compounding interest. New amnesty
92: Application of sections 93 to 105
1: Sections 93 to 105
a: non-resident on 31 March 2006; and
b: in arrears in respect of all or part of an old repayment obligation as at 1 April 2007.
2: However, sections 93 to 105
93: Borrowers whose loan balance is not increased under section 103
1: Section 103
a: either—
i: the Commissioner receives an amnesty application (in any form or manner acceptable to the Commissioner) by or on behalf of that borrower on or after 1 April 2007 and before the close of 31 March 2008; or
ii: the old amnesty applies to the borrower and the borrower is not in breach of the condition of the old amnesty as at 1 April 2007; and
b: the borrower meets the relevant amnesty condition.
2: To avoid doubt, a borrower to whom the old amnesty applies and who is in breach of a condition of that amnesty as at 1 April 2007 may make an amnesty application under subsection (1)(a)(i)
94: Amnesty condition for borrowers who apply for amnesty after 31 March 2007
The amnesty condition for a borrower referred to in section 93(1)(a)(i)
a: give an undertaking to the Commissioner that he or she will pay to the Commissioner the amount referred to in paragraph (b)
b: in accordance with that undertaking, pay the following amount to the Commissioner:
i: $2,000, if the borrower's loan balance as at the amnesty application date is $15,000 or less:
ii: $4,000, if the borrower's loan balance as at the amnesty application date is more than $15,000 and less than or equal to $30,000:
iii: $6,000, if the borrower's loan balance as at the amnesty application date is more than $30,000.
95: Payment arrangements if amnesty application date is between 1 April 2007 and 31 August 2007
1: This section applies to a borrower whose amnesty application date is between 1 April 2007 and the close of 31 August 2007.
2: The amount in section 94
3: The amount in section 94
a: any overseas based repayment obligation to which the borrower may otherwise be liable, to the extent that the amount is received by the Commissioner in the tax year ending 31 March 2008 or 31 March 2009; and
b: any repayment holiday the borrower may have had under section 107
96: Payment arrangements if amnesty application date is between 1 September 2007 and 29 February 2008
1: This section applies to a borrower whose amnesty application date is between 1 September 2007 and the close of 29 February 2008.
2: The amount in section 94
3: The amount in section 94
a: applies instead of any overseas based repayment obligation to which the borrower may otherwise be liable, to the extent that the amount is received by the Commissioner in the tax years ending 31 March 2008 and 31 March 2009; and
b: is off-set against any overseas based repayment obligation to which the borrower may otherwise be liable, to the extent that the amount is received by the Commissioner in the tax year ending 31 March 2010; and
c: applies instead of any repayment holiday the borrower may have had under section 107
97: Payment arrangements if amnesty application date is in March 2008
1: This section applies to a borrower whose amnesty application date is in March 2008.
2: The amount in section 94
3: The amount in section 94
a: any overseas based repayment obligation to which the borrower may otherwise be liable, to the extent that the amount is received by the Commissioner in either the tax year ending 31 March 2009 or the tax year ending 31 March 2010; and
b: any repayment holiday the borrower may have had under section 107
4: For the tax year ending 31 March 2008, the borrower's repayment obligation is reduced to zero.
98: Commissioner may reduce instalments if significant financial hardship
The Commissioner may reduce any instalment to be paid by a borrower under any of sections 94 to 97 section 57D(4)
99: Relationship with New Zealand based repayment obligations
An amount paid by a borrower under section 94
100: Amnesty condition for people who applied for old amnesty before 1 April 2007
The amnesty condition for a borrower referred to in section 93(1)(a)(ii) sections 94 to 99
a: in a way that, in the opinion of the Commissioner, gives credit for the extent to which the borrower has complied with the conditions of the old amnesty; and
b: with such other modifications as may be necessary.
101: What happens if amnesty condition breached
If the Commissioner is satisfied that a borrower has breached the relevant amnesty condition,—
a: section 102
b: in any other case, the amnesty ceases to apply to the borrower and the Commissioner must apply section 103
102: One time opportunity to correct amnesty condition breach
1: This section applies if the Commissioner is satisfied that—
a: a borrower has breached the relevant amnesty condition; and
b: this is the first breach of that condition by that borrower.
2: If this section applies, the Commissioner must give the borrower written notice of—
a: the breach of the amnesty condition by the borrower; and
b: the action that must be taken by the borrower to remedy that breach; and
c: the date by which the breach must be remedied, which must be the date that is 30 days after the date of the Commissioner's notice; and
d: the fact that the Commissioner is exercising a discretion that can only be used once in relation to the borrower.
3: If the borrower remedies the breach in accordance with the terms of the Commissioner's notice, the Commissioner must treat the borrower as if the borrower has met all of his or her obligations under sections 93 to 103
103: Increase to loan balance if borrower does not come under amnesty or if amnesty condition breached
1: If a borrower does not apply for an amnesty before 1 April 2008, the borrower's loan balance is increased by an amount equal to 5% of the borrower's loan balance as at 31 March 2008, including any interest compounded as at that date.
2: However, if the Commissioner considers that the amount in subsection (1) subsection (1)
3: If the borrower fails to comply with the relevant amnesty conditions, the borrower's loan balance is increased, on 31 March following the breach, by an amount equivalent to the lesser of the amounts in subsections (1) and (2)
104: Objection to decisions concerning penalty amnesty
A borrower may challenge a decision of the Commissioner—
a: not to take the actions set out in section 102(2) and (3)
b: under section 103
105: Commissioner must apply rest of Act accordingly
The Commissioner must apply this Act to borrowers to whom sections 93 to 105 section 50 section 94
9: Other transitional provisions
Repayment holiday entitlements for borrowers who are overseas based on 1 April 2007
106: Full repayment holiday entitlement for borrowers who are overseas based on 1 April 2007 and compliant
1: This section applies to a borrower who, on 1 April 2007,—
a: is overseas based; and
b: is not in arrears in respect of all or part of an old repayment obligation (as defined in section 89
2: A borrower to whom this section applies is entitled to a repayment holiday for a maximum period of 3 years, and sections 31 to 36B
107: Restricted repayment holiday entitlements for borrowers who are overseas based on 1 April 2007 and non-compliant
1: This section applies to a borrower who—
a: is overseas based on 1 April 2007; and
b: but for sections 90 and 91 section 89
2: A borrower who, as at 1 April 2007, has been non-resident for a continuous period of more than 364 days but less than 2 years is entitled to a repayment holiday for a maximum period of 2 years, and sections 31 to 36B
3: A borrower who, as at 1 April 2007, has been non-resident for a continuous period of 2 years or more, but less than 3 years, is entitled to a repayment holiday for a maximum period of 1 year, and sections 31 to 36B
4: A borrower who, as at 1 April 2007, has been non-resident for a continuous period of 3 years or more is not entitled to a repayment holiday under section 32 sections 34 to 36
108: Restricted repayment holiday entitlements for borrowers who are overseas based on 1 April 2007 and do not comply with amnesty conditions
1: This section applies to a borrower who—
a: was overseas based on 1 April 2007; and
b: applied to come under the amnesty under section 93
2: The restricted repayment holidays in section 107(2) to (4)
3: Any amounts that a borrower has paid in accordance with section 94
a: after his or her restricted repayment holiday under subsection (2)
b: while opting out of a repayment holiday in accordance with section 33
109: Interrelationship of
sections 31 to 36B, Part 8, and sections 107 and 108
1: The restricted repayment holidays in section 107(2) to (4)
2: A borrower to whom section 107 or section 108 sections 31 to 36B
3: However, any repayment holiday that borrower has already had under section 107 or section 108
4: The amnesty conditions in Part 8 section 107
110: Full repayment holiday entitlement for borrowers who meet amnesty conditions
1: This section applies to a borrower who—
a: was overseas based on 1 April 2007; and
b: has, since 1 April 2007, become a compliant borrower.
2: For the purposes of subsection (1) compliant borrower section 93
3: A borrower to whom this section applies may apply to the Commissioner for a full repayment holiday when he or she becomes a compliant borrower.
4: An application may be made by the borrower, or on behalf of the borrower,—
a: by telephone; or
b: in writing; or
c: in any other manner acceptable to the Commissioner.
5: However, the Commissioner may require an application to be made in writing.
6: If the Commissioner grants a borrower's application for a full repayment holiday, that borrower is entitled to a repayment holiday of up to 3 years, and sections 31 to 36B
111: Full repayment holiday entitlement for borrowers who meet amnesty conditions and do not apply under
section 110
1: This section applies to a borrower who—
a: was overseas based on 1 April 2007; and
b: has, since 1 April 2007, become a compliant borrower (as defined in section 110(2)
c: does not make an application to the Commissioner under section 110(3)
2: A borrower to whom this section applies and who subsequently becomes New Zealand based is entitled to a repayment holiday of up to 3 years in accordance with sections 31 to 36B Application of Tax Administration Act 1994
112: Application of repealed 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 must be treated as continuing in effect for the purpose of giving effect to the relevant provision.
2: Amendments to other enactments
1: Amendments to other Acts
41: Customs and Excise Act 1996 amended
The Customs and Excise Act 1996 section 280F
280G: Defined terms for
sections 280H and 280I In sections 280H and 280I borrower section 2 of the Student Loan Scheme Act 1992 Commissioner section 3(1) of the Tax Administration Act 1994 Department identifying information section 62A(2) of the Student Loan Scheme Act 1992 officer of the Department section 3(1) of the Tax Administration Act 1994
280H: Disclosure of arrival and departure information for purposes of Student Loan Scheme Act 1992
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 verify—
a: borrowers' entitlements to a full interest write-off under section 38AA of the Student Loan Scheme Act 1992
b: whether borrowers are New Zealand based or overseas based for the purposes of that Act:
c: whether borrowers are resident or non-resident for the purposes of that Act.
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)
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.
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.
280I: Direct access to arrival and departure information for purposes of Student Loan Scheme Act 1992
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 verify—
a: borrowers' entitlements to a interest under section 38AA of the Student Loan Scheme Act 1992
b: whether borrowers are New Zealand based or overseas based for the purposes of that Act:
c: whether borrowers are resident or non-resident for the purposes of that Act:
d: for the purposes of that Act, whether borrowers are in New Zealand.
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
42: Education Act 1989 amended
Section 307C Education Act 1989
43: Privacy Act 1993 amended
1: This section amends the Privacy Act 1993
2: Schedule 3 Student Loan Scheme Act 1992 Section 62A
3: The item relating to the Customs and Excise Act 1996 Schedule 3 Sections 280 to 280D Sections 280 to 280D and 280H
4: The item relating to the Education Act 1989 Schedule 3 307C,
5: The item relating to the Tax Administration Act 1994 Schedule 3 85D,
44: Tax Administration Act 1994 amended
1: This section amends the Tax Administration Act 1994
2: Paragraph (c) tax section 3(1) , any interest charged on a loan balance (as that term is defined in the Student Loan Scheme Act 1992 Revenue Acts
3: Section 81(4) paragraph (g)
gb: communicating to the chief executive of the New Zealand Customs Service under section 62A of the Student Loan Scheme Act 1992 subsection (2) of that section subsection (1) of that section
4: Section 85D
5: Section 87(4) paragraph (d)
db: where it is given by any person referred to in section 81(4)(gb) .
6: Section 87(5)(a)(i) (gb), (g),
2: Amendments to regulations
45: Student Loan Scheme (Interest Rates Formulas) Regulations 2006 amended
The Student Loan Scheme (Interest Rates Formulas) Regulations 2006 regulations 5 6 2008-04-01 Regulation 5 Regulation 6 |
DLM968140 | 2007 | Companies Amendment Act 2007 | 1: Title
This Act is the Companies Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Companies Act 1993 RA 2007-09-20 Companies Act 1993
4: Liquidation of company removed from New Zealand register
Section 327 |
DLM981000 | 2007 | Crimes (Repeal of Seditious Offences) Amendment Act 2007 | 1: Title
This Act is the Crimes (Repeal of Seditious Offences) Amendment Act 2007.
2: Commencement
This Act comes into force on 1 January 2008.
3: Principal Act amended
This Act amends the Crimes Act 1961 2008-01-01 Crimes Act 1961
1: Amendments to principal Act
4: New heading substituted
The heading above section 80 Offence of oath to commit offence
5: Sections 81 to 85 repealed
Sections 81 to 85
2: Amendments to other enactments
6: District Courts Act 1947
1: This section amends the District Courts Act 1947
2: The items relating to sections 82 to 85 of the Crimes Act 1961 Part 1 of Schedule 1A 2008-01-01 District Courts Act 1947 |
DLM968617 | 2007 | International Finance Agreements Amendment Act 2007 | 1: Title
This Act is the International Finance Agreements Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the International Finance Agreements Act 1961 2007-09-20 International Finance Agreements Act 1961
1: Preliminary provisions
4: Long Title repealed
The Long Title is repealed.
5: New section 1A inserted
The following section is inserted after section 1
1A: Purpose
1: The purpose of this Act, as it was enacted in 1961, is to enable the Government of New Zealand to be a member of the International Monetary Fund, the International Bank for Reconstruction and Development, and the International Finance Corporation.
2: A further purpose, implemented by the International Finance Agreements Amendment Act 1966
3: A further purpose, implemented by the International Finance Agreements Amendment Act 1975
4: A further purpose, implemented by the International Finance Agreements Amendment Act 2007, is to enable the Government of New Zealand to be a member of the Multilateral Investment Guarantee Agency.
2: Membership of Agency
6: Interpretation
Section 2 Agency Convention Schedule 7 .
7: Membership of the Fund, the Bank, and the Corporation
1: Section 3 Membership of Fund, Bank, Corporation, and Agency
2: Section 3
2: Approval is also given for the New Zealand Government to become a member of the Agency in accordance with the Convention.
8: Reserve Bank of New Zealand to be depository
Section 4(1) and the Corporation the Corporation, and the Agency
9: Payments under Agreements
1: The heading to section 5 and Convention
2: Section 5
d: all payments required to be made from time to time to the Agency under the terms of the Convention.
10: Issue of securities
Section 7
2: The Minister is authorised by this subsection to create, and to issue to the Agency, non-negotiable, non-interest-bearing promissory notes or similar obligations, in conformity with Article 7
11: Application of certain Articles
The heading to section 8 of Agreements
12: New section 9 inserted
The following section is inserted after section 8
9: Application of certain Articles of Convention
Articles 44 to 48 and 50
13: New Schedule 7 added
The Schedule 7 set out in the Schedule |
DLM968482 | 2007 | Radiocommunications Amendment Act 2007 | 1: Title
This Act is the Radiocommunications Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Radiocommunications Act 1989 2007-09-20 Radiocommunications Act 1989
4: Interpretation
The definition of Registrar section 2(1) the Deputy a Deputy
5: Appointment of Registrar and Deputy Registrar
Section 4
4: Appointment of Registrar and Deputy Registrars
1: There must be—
a: a Registrar of Radio Frequencies; and
b: 1 or more Deputy Registrars of Radio Frequencies.
2: Each Registrar and Deputy Registrar must be appointed under the State Sector Act 1988
3: Subject to the control of the Registrar, a Deputy Registrar has and may exercise or perform all the powers, duties, and functions of the Registrar.
4: The fact that a Deputy Registrar exercises or performs any of the powers, duties, or functions of the Registrar is conclusive evidence of the Deputy Registrar's authority to do so. |
DLM968418 | 2007 | New Zealand Superannuation and Retirement Income Amendment Act 2007 | 1: Title
This Act is the New Zealand Superannuation and Retirement Income Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the New Zealand Superannuation and Retirement Income Act 2001 RA 2007-09-20 New Zealand Superannuation and Retirement Income Act 2001
4: Hospital rates of New Zealand superannuation
1: Section 19(5) Subsection (3) Subsection (4)
2: Section 19(6)(a) subsection (3) subsection (4)
3: Section 19(7) subsection (5) subsection (6)(b) |
DLM1034643 | 2007 | Appropriation (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Act 2007 | 1: Title
This Act is the Appropriation (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Act 2007.
2: Commencement
This Act comes into force on 31 December 2007.
3: Interim meaning of “funding entitlements for parliamentary purposes”
1: In the Parliamentary Service Act 2000 funding entitlements for parliamentary purposes
a: the performance by a member of Parliament of his or her role and functions as a member of Parliament:
b: the performance by a recognised party (within the meaning of that Act) of its role and functions as a recognised party:
c: the provision of travel, accommodation, and attendance services in accordance with any determination made by the Speaker of the House of Representatives under section 20A Parliamentary Service Act 2000
d: the provision of communications services (other than services including electioneering) in accordance with any determination made by the Speaker of the House of Representatives under section 20A Parliamentary Service Act 2000
e: the provision of benefits or privileges of a specified kind for former members of Parliament and members of their families in accordance with an appropriation by Parliament of money for that purpose.
2: In subsection (1)(d), electioneering
a: seeks support for the election of a particular person or people; or
b: seeks support for the casting of a party vote for a particular political party or political parties; or
c: encourages any person to become a member of a particular political party or political parties; or
d: solicits subscriptions or other financial support.
3: The following must, as far as is possible, be interpreted consistently with subsections (1) and (2):
a: all determinations made under section 20A
b: all directions given by the Speaker of the House of Representatives under the Parliamentary Service Act 2000
c: the scope set out under the column headed Scope of 2007/08 Appropriations
i: Members' Communications:
ii: Member Support - Independent:
iii: Party and Member Support - ACT:
iv: Party and Member Support - Green:
v: Party and Member Support - Labour:
vi: Party and Member Support - Māori:
vii: Party and Member Support - National:
viii: Party and Member Support - New Zealand First:
ix: Party and Member Support - Progressive Coalition:
x: Party and Member Support - United:
xi: Travel of Members and Others:
d: the scope of each category of other expenses to be incurred by the Crown in Vote Parliamentary Service in any Supplementary Estimates of Appropriations for the Government of New Zealand for the year ending 30 June 2008, or in The Estimates of Appropriations or any Supplementary Estimates of Appropriations for the Government of New Zealand for the year ending 30 June 2009, that—
i: is the same as a category stated in paragraph (c); or
ii: differs from the categories stated in subparagraphs (iii) to (x) of that paragraph to the extent only that it relates to a party not stated in any of those subparagraphs, or refers to a party stated in one of those subparagraphs by a different name.
4: Expiry
This Act expires with the close of 1 July 2009. 2009-07-02 Appropriation (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Act 2007 |
DLM968250 | 2007 | Engineering Associates Amendment Act 2007 | 1: Title
This Act is the Engineering Associates Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Engineering Associates Act 1961 RA 2007-09-20 Engineering Associates Act 1961
4: Meetings of Board
Section 4(2) 7 6
5: Registration
1: Section 11(1)(c)
a: omitting Having attained the age of 40 years,
b: omitting : Provided that a person who, immediately before the commencement of this paragraph, had not attained the age of 40 years but had been authorised by the Board to present such a written statement, may be eligible for registration under this Act as if he had attained the age of 40 years
2: Section 11(2) paragraph (a)
3: Section 11(5) ordinary reasonable |
DLM406903 | 2007 | Justices of the Peace Amendment Act 2007 | 1: Title
This Act is the Justices of the Peace Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Justices of the Peace Act 1957
1: Miscellaneous amendments
4: New sections 2 to 3C substituted
Sections 2 3
2: Interpretation
In this Act, unless the context otherwise requires,— judicial power or function
a: discharging or purporting to discharge (or failing, refusing, or purporting to refuse, to discharge) responsibilities of a judicial nature vested in Justices; or
b: issuing, or failing or refusing to issue, a warrant Justice
a: by virtue of being appointed a Justice of the Peace for New Zealand under section 3(1)
b: by virtue of being a District Court Judge, a Judge of the Maori Land Court, the chairperson of a regional council, or the mayor of a territorial authority Minister Secretary working day
a: is not Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, Labour Day, or the Sovereign's birthday; and
b: does not fall in a period commencing on 20 December in one year and ending with 15 January in the next year.
2A: Act binds the Crown
This Act binds the Crown.
3: Appointment of Justices of the Peace
1: The Governor-General may, by Warrant under his or her hand, appoint any person to be a Justice of the Peace for New Zealand.
2: A person may not be appointed as a Justice unless he or she has completed training, approved by the Secretary, in the exercise and performance of the powers and functions of a Justice.
3: The Secretary—
a: must publish in the Gazette subsection (1)
b: may publish in the Gazette subsection (1)
4: Publication in the Gazette
3A: Appointed Justices continue in office
Every Justice appointed under section 3(1)
a: dies; or
b: retires or resigns, by notice in writing to the Secretary; or
c: ceases to be a Justice by the operation of section 5B(1) or 8(1)(b)
3B: Justices to undertake training before exercising judicial power or function
1: A Justice (other than a District Court Judge or a Judge of the Maori Land Court) must not exercise or perform any judicial power or function unless he or she has completed training in the exercise and performance of judicial powers and functions to the satisfaction of the Chief District Court Judge.
2: Subsection (1)
3C: Use of designation
JP (retired)
1: On or after retiring or resigning as a Justice, a former Justice appointed under section 3(1) JP (retired)
2: The Secretary must publish in the Gazette JP (retired)
a: had served as a Justice for less than 10 years; or
b: before retiring or resigning as a Justice, without reasonable excuse,—
i: had abandoned the performance of the functions of a Justice; or
ii: had from time to time failed or refused to perform the functions of a Justice; or
c: retired or resigned while suspended from office; or
d: retired or resigned to avoid being removed or suspended from office, or otherwise disciplined.
3: No former Justice may use the designation JP (retired) Gazette
4: No person may use the designation JP (retired)
5: Subsection (1) section 3(1)
2: Amendments to provisions relating to discipline and retirement
5: New sections 5 to 5F substituted
Section 5
5: Removal or suspension of Justice from office
1: The Governor-General may, on the recommendation of the Minister, by notice in the Gazette
a: for misconduct; or
b: if the Justice—
i: is unable to perform his or her functions as a Justice; or
ii: has neglected or refused to perform his or her functions as a Justice; or
iii: has, while a Justice, been convicted of an offence punishable by imprisonment; or
iv: has, while a Justice, been adjudged bankrupt; or
v: has failed or refused to comply with a requirement under section 5D(1)
c: in the case of a removal, if the Justice has purported to exercise or perform a power or function of a Justice, knowing that he or she was suspended from office.
2: Subsection (1)
5A: Minister to consult Chief District Court Judge before recommending removal or suspension of Justice exercising or performing judicial powers or functions
1: The Minister must not recommend the removal or suspension from office of a Justice who exercises or performs judicial powers or functions unless—
a: he or she has consulted the Chief District Court Judge about the Justice's proposed removal or suspension from office; and
b: the Chief District Court Judge has recommended to the Minister the Justice's removal or suspension (as the case may be) from office.
2: The Chief District Court Judge must not recommend a Justice's removal or suspension from office, unless—
a: the Chief District Court Judge has earlier reached a preliminary view that grounds may exist for recommending disciplinary action against the Justice, and has given the Justice written notice—
i: stating that grounds may exist for recommending disciplinary action; and
ii: stating the grounds on which the Chief District Court Judge reached that preliminary view; and
iii: stating that the Justice may, within 20 working days of receiving the notice, respond to the Chief District Court Judge in writing in respect of the matters contained in the notice; and
b: either the Chief District Court Judge—
i: has received and considered a written response from the Justice in respect of the matters contained in the notice; or
ii: has not, within 20 working days of the Justice receiving the notice, received from the Justice a written response in respect of the matters contained in the notice.
5B: Effect of removal
1: A person removed from the office of Justice ceases to be a Justice on the day after the date of the publication of the notice under section 5(1)
2: If a person to whom subsection (1)
a: on ceasing to be a Justice, is no longer a Justice by virtue of being a chairperson or mayor; and
b: does not become a Justice again if later elected or appointed (or re-elected or reappointed) chairperson of a regional council or mayor of a territorial authority.
3: Subsections (1) and (2) section 41(4) of the Local Government Act 2002
5C: Effect of suspension
1: The suspension of a Justice begins on the day after the date of the publication of the notice under section 5(1)
2: While a Justice is suspended,—
a: every enactment other than this Act applies as if he or she is not a Justice; and
b: he or she must not purport to exercise or perform any of the powers or functions of a Justice.
3: Subsection (2)
4: Subsections (2) and (3) section 41(4) of the Local Government Act 2002
5D: Other action in respect of Justices
1: The Governor-General may, on the recommendation of the Minister, direct the Minister to take in respect of a Justice (other than a person who is a Justice by virtue of being a District Court Judge or a Judge of the Maori Land Court) one or more of the following actions:
a: give the Justice an official written rebuke:
b: by written notice to the Justice, require the Justice to apologise to a person or people stated in the notice, in writing, for behaviour stated in the notice:
c: by written notice to the Justice, require the Justice to undertake training (or further training), provided by a provider stated in the notice, in an aspect of the performance of the Justice's functions as a Justice stated in the notice:
d: by written notice to the Justice, require the Justice to receive counselling (or further counselling), provided by a provider stated in the notice, of a kind stated in the notice.
2: The Minister must not recommend the giving of a direction under subsection (1)
a: has, since appointment as a Justice, behaved in a way that is inappropriate or undesirable for a Justice (otherwise than in relation to the exercise or performance of judicial powers or functions); or
b: has performed a function of a Justice while suspended from office; or
c: has neglected his or her functions as a Justice.
3: The Minister may take 2 or more of the actions stated in subsection (1)
5E: Justices to be given particulars and opportunity to respond
1: In this section, disciplinary action, in relation to a Justice, means the giving of a direction under section 5D(1)
2: The Minister must not recommend disciplinary action against a Justice, unless—
a: the Minister has earlier reached a preliminary view that grounds may exist for recommending disciplinary action against the Justice; and
b: the Minister is satisfied that the Secretary has given the Justice written notice—
i: stating that grounds may exist for recommending disciplinary action; and
ii: stating the grounds on which the Minister reached his or her preliminary view; and
iii: stating that the Justice may, within 20 working days of receiving the notice, respond to the Secretary in writing in respect of the matters contained in the notice; and
c: either—
i: the Secretary has received from the Justice a written response in respect of the matters contained in the notice, and the Minister has considered the response and any written comments on it from the Secretary; or
ii: the Minister is satisfied that the Secretary has not, within 20 working days of the Justice receiving the notice, received from the Justice a written response in respect of the matters contained in the notice.
5F: Registrars and Official Assignees to notify convictions and bankruptcies
For the purposes of section 5
a: a Registrar of the High Court or a District Court must notify the Secretary whenever a person whom the Registrar knows to be a Justice is convicted of an offence punishable by imprisonment:
b: an Official Assignee (within the meaning of the Insolvency Act 1967
6: Attendance of Justices at Court
Section 6 subsection (1)
1: The Registrar of every District Court must keep and maintain a list of Justices (excluding any person who is a Justice by virtue of being a District Court Judge or a Judge of the Maori Land Court) who reside within 20 kilometres of the courthouse and are not exempted from attendance under section 7
7: Justices exempt from attendance
Section 7(1)(a) 72 70
8: New section 8 substituted
Section 8
8: Failure to attend
1: If a Justice fails to attend a District Court on 2 successive occasions when summoned under section 6(2)
a: the Registrar concerned must notify the Secretary of the second failure; and
b: unless within 20 working days after the date of the second failure the Justice (or some other person on the Justice's behalf) satisfies the Minister that the Justice had reasonable cause for the failures, the Justice ceases to be a Justice on a date fixed for the purpose by the Minister and notified in the Gazette
2: Section 5B(2) subsection (1)(b)
3: In this section, fail |
DLM1062940 | 2007 | Dairy Industry Restructuring Amendment Act 2007 | 1: Title
This Act is the Dairy Industry Restructuring Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to Dairy Industry Restructuring Act 2001
3: Principal Act amended
This Part amends the Dairy Industry Restructuring Act 2001 2007-12-15 Dairy Industry Restructuring Act 2001
4: Interpretation
1: Section 5(1) allocation period section 26 competent authority Animal Products Act 1999 eligible participant
a: is eligible to hold an export licence; and
b: collects at least 0.1% of total milk solids collected from farmers in New Zealand based on the most representative data of total milk solids collected in New Zealand in the latest year that data is available prior to an allocation period general export licence section 26(5) holder section 29B interim licence
a: Canada, the licence for the period beginning on the commencement of the Dairy Industry Restructuring Amendment Act 2007 and ending on 31 December 2007 for a quantity of butter not exceeding 2 000 tonnes; and
b: the Dominican Republic, a licence for the period beginning on the commencement of the Dairy Industry Restructuring Amendment Act 2007 and ending on 31 December 2007 for a quantity of milk powder not exceeding 4 800 tonnes; and
c: the European Communities—
i: as described in section 25(2)(a)
ii: as described in section 25(2)(b)
iii: as described in section 25(2)(c) interim period marae milksolids Ministry person eligible to hold an export licence Part 5 of the Animal Products Act 1999 quota year
a: the European Communities, the United States of America, and the Dominican Republic, a period of 12 months beginning on 1 January and ending on 31 December; and
b: Japan, a period of 12 months beginning on 1 April and ending on 31 March in the following year .
2: Section 5(1) chief executive chief executive
3: Section 5(1) designated market designated market
a: for the initial and interim licences, a market listed in Schedule 5
b: for the licences that apply following the initial and interim licences, a market listed in Schedule 5A .
4: The definition of export licence paragraph (b)
b: a licence allocated under section 25, 26, or 29 .
5: The definition of initial licence and continued under section 25
5: Purpose
Section 21(3) Schedule 5 Schedules 5 and 5A
6: Overview
Section 22 subsection (3)
3: Sections 26 to 42
7: Restrictions on exports to designated markets
Section 23
23: Restrictions on exports to designated markets
1: A person must not export directly or indirectly to a designated market any dairy product that is described in Schedules 5 and 5A
a: is the holder of a current export licence; and
b: exports product in accordance with that licence in respect to the product and market.
2: No export restrictions apply to a designated market listed in Schedule 5 Schedule 5A
8: Continuation and reduction of licences in respect of designated markets in European Communities after initial period
1: Section 25 Reduction of licences in respect of designated markets in European Communities during the interim period
2: Section 25 subsection (1)
1: The Board holds the interim licences to export to designated markets in the European Communities for the periods and the reduced amounts specified in subsection (2)
3: Section 25(2) initial interim
9: New section 25A inserted
The following section is inserted after section 25
25A: Export licence conferred on Board by
section 24 or 25
1: The chief executive must record an export licence conferred on the Board by section 24 or 25 section 29B
2: The Board must supply all necessary information to the chief executive for the purpose of subsection (1)
10: New section 26 substituted
Section 26
26: Later allocation of export licences
1: The following are vested in or revert to the Crown:
a: any rights in respect of designated markets that become available as a result of the expiry of the initial period under section 24
b: any rights in respect of designated markets in the European Communities listed in Schedule 5A section 25
c: any quantities that become available as a result of increases in rights in respect of designated markets listed in Schedule 5A section 27A(2)
d: any rights in respect of designated markets listed in Schedule 5A
2: Following the expiry of the initial and interim licences, export licences for the designated markets listed in Schedule 5A
3: The Minister must, in accordance with the rules set out in Schedule 5B Schedule 5A subsection (4)
4: If the Minister is satisfied that an allocation under subsection (3) section 21(1) subsection (7)
5: The Minister may allocate a general export licence for trade at the normal tariff (outside the terms of the quota), in respect of a designated market listed in Schedule 5A
6: Subsection (5) section 29A
7: The Governor-General may, by Order in Council made on the recommendation of the Minister, allocate or reallocate export licences in respect of designated markets listed in Schedule 5A
8: Before making an allocation under subsection (5)
a: be satisfied that an allocation is appropriate in the circumstances; and
b: have regard to the purpose in section 21(1)
9: Subsection (1) subsection (3) or (5) subsection (7)
11: New section 27A inserted
The following section is inserted after section 27
27A: Increases or reductions in rights to export to designated markets after initial period
1: This section applies if, after the initial period, there is an increase or reduction in rights to secure economic benefits from designated markets that are not allocated in an existing export licence.
2: An increase in a right to export to a designated market during the course of an allocation period accrues on a pro rata basis to the registered holders of export licences at the time the increase first becomes available for use.
3: A reduction in a right to export to a designated market during the course of an allocation period applies on a pro rata basis to the registered holders of export licences for that designated market at the time the volumes reduce.
4: In the case of interim licences held by the Board, the allocation period for any licence for a specified quantity is the period for which the licence is valid for that quantity.
5: An accrual under subsection (2) subsection (3)
6: An accrual or reduction referred to in subsection (5) section 29B
12: New heading and section 28A inserted
The following heading and section are inserted after section 28 Transferring export licences
28A: Transferring export licences
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for the purpose of governing the transfer of export licences or parts of export licences.
2: Export licences may be transferred only in accordance with regulations made in accordance with subsection (1)
3: The chief executive is responsible for administering the transfer of export licences.
4: Subsection (1) section 28
13: New heading inserted
The following heading is inserted before section 29 Revocation of initial licences
14: New headings and sections 29A to 29L inserted
The following headings and sections are inserted after section 29 Quota trade completed before trade at normal tariff
29A: Quota trade completed before trade at normal tariff
1: This section applies to trade at the normal tariff (outside the terms of the quota) for the following markets:
a: prepared edible fat to Japan:
b: milk powder to the Dominican Republic.
2: For the markets listed in subsection (1)
3: A quota is to be treated as filled when the competent authority has issued export certificates to all licence holders for at least 95% of each export licence holder's quantity of export licences.
4: The competent authority must publicly notify the industry when a quota is filled in accordance with subsection (3)
5: When a quota is filled, the competent authority must, as soon as is reasonably practicable,—
a: publish a notice in the Gazette
b: notify the eligible participants in any manner that the competent authority considers effective and appropriate, including electronically.
6: An export licence holder may use the export licence for trade at the normal tariff only for the remainder of the quota year in which publication and notification are made in accordance with subsection (5) Maintaining register of licence holders
29B: Register of export licence holders
1: The chief executive must—
a: keep and maintain a register of export licence holders; and
b: make the register available to the competent authority; and
c: on receipt of a written request, allow a holder of an export licence to inspect information on the register that relates to his or her licence.
2: The register must contain the following information:
a: the full name and address of the export licence holder:
b: each designated market for which the holder holds an export licence:
c: the volume of quota rights held in respect of each export licence for each quota year:
d: the following dates for each export licence:
i: date of registration:
ii: date of commencement:
iii: date of expiry:
e: the date of transfer, if any, of the export licence or part of the export licence:
f: the full name and address of the previous holder of the export licence.
3: If a person holds more than 1 export licence for a designated market for the same quota year, each export licence must be registered separately.
4: This section does not apply to general export licences allocated under section 26(5) Powers of chief executive
29C: Power to authorise persons
The chief executive may only authorise a person to exercise a power under sections 29E to 29L
29D: Power to require assistance
The chief executive, or a person authorised by the chief executive, may call on any person for assistance in the exercise of any or all of the powers under sections 29E to 29L
29E: Power of entry without search warrant
1: For the purpose of determining and monitoring compliance with the rules set out in Schedule 5B
2: Before entering any place under subsection (1)
a: give the owner or occupier reasonable notice of his or her intention to enter the place, unless to do so would defeat the purpose of the entry; and
b: if notice under paragraph (a)
i: the time and date of the entry; and
ii: the purpose of the entry; and
iii: the name of the person; and
iv: the address of the office to which inquiries should be made.
3: A person who exercises any power under this section must produce his or her evidence of authorisation—
a: on first entering the place; and
b: subsequently whenever reasonably required to do so by a person appearing to have charge of the place or any part of the place.
29F: Power to examine, etc
For the purpose of determining and monitoring compliance with the rules set out in Schedule 5B section 29E
a: examine all things, and open containers, packages, and other things to inspect their contents:
b: examine, inquire about, and copy any documents or other records (including records held in electronic or other form) and may—
i: remove documents or records to another place for a reasonable time for the purpose of copying them, or require the person having control of the documents or other records to forward them or a copy of them to the officer by way of post, courier post, fax, or other means acceptable to the chief executive or authorised person; and
ii: 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 a computer or other device or system; and
iii: direct the occupier to identify and hold any equipment, package, container, or document until any lawful direction of the chief executive, or a person authorised by the chief executive, has been complied with; and
iv: take photographs of any container, package, equipment, or thing.
29G: Power to require information
1: For the purpose of determining and monitoring compliance with the rules set out in Schedule 5B
2: Any information, documents, or answers required under subsection (1)
3: An eligible participant or an employee or agent of an eligible participant may not refuse to answer a question under subsection (1)
4: An incriminating answer under this section—
a: may be used in civil or criminal proceedings against the eligible participant if it is a body corporate; but
b: may not be used in civil or criminal proceedings against the employee or agent of the eligible participant who gave the incriminating answer.
29H: Power to audit milk collection data
1: For the purpose of determining and monitoring compliance with the rules set out in Schedule 5B
2: Participants must be notified of the possibility of an audit on a cost-recovery basis at the time of an application for an export licence.
3: Participants may be charged a fee for an audit carried out under subsection (1) Search warrants
29I: Issue of search warrant
1: A District Court Judge, Community Magistrate, Justice of the Peace, or Registrar may issue a search warrant in the form set out in Schedule 5D
a: in respect of which an offence under section 31(3)
b: that has been, is being, or is intended to be used by any person for the commission of an offence under section 31(3)
c: that is evidence of the commission of an offence under section 31(3)
2: The District Court Judge, Community Magistrate, Justice of the Peace, or Registrar may impose any reasonable conditions on the warrant that he or she thinks fit.
3: A search warrant must be directed to a member of the police by name or to every member of the police or to the chief executive or to a person authorised by the chief executive by name, but, in any of these cases, the warrant may be executed by any member of the police.
29J: Entry and search powers when executing warrant
1: The chief executive or authorised person who executes the warrant may use any force that is reasonable to—
a: enter an area that is to be searched; or
b: break open or access an item that is to be seized.
2: The chief executive, or person authorised by the chief executive, who executes a search warrant may seize any item that—
a: he or she has reasonable grounds to believe is evidence of an offence under this Act; or
b: is found while he or she is lawfully—
i: exercising a search power; or
ii: in the place in which the item is found.
3: Subsection (2)(b)
4: If it is not reasonably practicable to determine whether an item may be seized in accordance with a search warrant, the chief executive or authorised person may remove the item for the purpose of examination or processing to determine whether it may be seized.
29K: Requirements when executing warrant
1: The chief executive, or a person authorised by the chief executive, who executes a search warrant must carry the warrant with him or her, and produce it for inspection, along with evidence of his or her identity,—
a: on first entering the place specified in the warrant, to the person appearing to be in charge of the place; and
b: whenever subsequently required to do so, at the place specified in the warrant, by any other person appearing to be in charge of the place or any part of the place.
2: If the occupier of the place is not present at the time the search warrant is executed, the chief executive or authorised person must leave in a prominent location at the place a written statement of the time and date of the search, a copy of the search warrant, the name of the chief executive or authorised person, and the address to which inquiries may be made.
3: If anything is seized in the execution of a search warrant, the chief executive or authorised person executing the search warrant must leave in a prominent location at the place, or deliver or send by registered mail to the occupier within 10 working days after the search, or a later date if an extension is approved by a District Court Judge, a written inventory of all things seized.
4: The chief executive or authorised person may make an application, at the time of making an application for a search warrant, for a waiver from subsections (2) and (3)
5: A waiver under subsection (4)
6: The chief executive or authorised person who executed the search warrant must provide information to persons from whom items have been seized regarding—
a: access to and the disposition of the seized items; and
b: the right, under the Official Information Act 1982
7: The chief executive or authorised person who is exercising a power of entry in relation to a marae, or a building associated with a marae, must have regard to the kawa of the marae so far as is practicable in the circumstances.
29L: Disposal of property seized under search warrant
Section 199 of the Summary Proceedings Act 1957
a: where a member of the police seized the item in question, it may be retained by the Commissioner of Police pending the trial of the person for the offence in respect of which the item was seized:
b: where the chief executive, or a person authorised by the chief executive, seized the item in question, it may be retained by the chief executive pending the trial of the person for the offence in respect of which the item was seized:
c: the item in question must be returned to the person from whom it was seized—
i: if no proceedings are taken in respect of an offence to which the item relates within 6 months after its seizure; or
ii: if proceedings are completed in respect of such an offence and no order of forfeiture is made in respect of the item:
d: if any person is convicted of an offence to which the item relates, the Court may, if it thinks fit, order that the item be forfeited to the Crown or disposed of as the Court directs at the expense of the convicted person, and may order that the person pay any reasonable costs incurred by the Commissioner of Police or the chief executive in retaining the item.
15: Offences
Section 31
2: Every person commits an offence against this Act, and is liable on summary conviction to the following fines, who does not provide the information or document required under section 29G
a: a fine not exceeding $200,000; and
b: a further fine not exceeding $10,000 for every day or part of a day during which the offence is continued.
3: Every person commits an offence against this Act, and is liable for the following, who provides a false declaration in relation to milk collection data contrary to Schedule 5B
a: a declaration by a court of competent jurisdiction that the person is not eligible for further allocations of export licences for a period determined by the court; and
b: a fine not exceeding $200,000 or a term of imprisonment not exceeding 3 months, or both.
16: Overview
Section 43 subsection (2)
2: Sections 62 to 65A
17: New section 65A inserted
The following section is inserted after section 65
65A: Regulations relating to dairy industry entity other than LIC
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the purposes set out in sections 62 to 65
2: Regulations may be made under subsection (1)
a: if the core database reverts to the Crown under section 68(2)
b: if provisions of the constitution of LIC are amended or revoked in accordance with section 51
c: if LIC makes an application under section 52(2)
18: Information to be supplied to chief executive
1: Section 66(1) and (3) LIC LIC or any other dairy industry entity nominated by the Crown to manage the core database
2: Section 66 subsection (2)
2: The chief executive may request (in writing) information, statements, or reports from LIC or any other dairy industry entity nominated by the Crown to manage the core database to monitor LIC' s or that other dairy industry entity's compliance with regulations made under section 65
19: Schedule 5 amended
The heading to Schedule 5 Designated markets for initial and interim licences
20: New Schedules 5A, 5B, 5C, and 5D inserted
The Schedules 5A, 5B, 5C, and 5D set out in the Schedule Schedule 5
2: Amendment to Animal Products Act 1999
21: Principal Act amended
This Part amends the Animal Products Act 1999 2007-12-15 Animal Products Act 1999
22: New section 115A inserted
The following section is inserted after section 115
115A: Application of
section 115(1) Dairy Industry Restructuring Act 2001 Section 115(1) Dairy Industry Restructuring Act 2001 |
DLM1001889 | 2007 | Court Martial Act 2007 | 1: Title
This Act is the Court Martial Act 2007.
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different provisions. Section 2 brought into force 1 July 2009 clause 2 Court Martial Act Commencement Order 2008
1: Preliminary provisions relating to Court Martial
1: Preliminary
3: Purpose of this Act
The purpose of this Act is—
a: to establish a permanent court of record, called the Court Martial of New Zealand, as a replacement for the ad hoc courts-martial provided for under Part 6
b: to provide for the Court Martial's jurisdiction and related matters; and
c: to repeal Part 6
4: Overview of this Act
1: Part 1
2: Part 2
3: Part 3 Part 6
4: This section is only a guide to the general scheme and effect of this Act.
5: Interpretation
1: In this Act, unless the context otherwise requires,— 1971 Act Armed Forces Discipline Act 1971 Chief Judge section 12 Court Martial section 8 defender Deputy Chief Judge section 13 Director of Military Prosecutions section 101E Discipline Committee section 160 Judge
a: means a Judge of the Court Martial; and
b: includes the Chief Judge and a Deputy Chief Judge member of the Court Martial military member Registrar rules of procedure section 150 sentencing guidelines serious offence section 21(1)(b)(i) substitute military member section 27
2: Any term or expression that is defined in the 1971 Act and used, but not defined, in this Act has the same meaning as in the 1971 Act.
6: This Act to be read with 1971 Act
1: This Act is to be read in conjunction with the 1971 Act.
2: Unless the context otherwise requires, the provisions of the 1971 Act and any regulations made under that Act apply to the extent that they are applicable and with any necessary modifications.
3: However, if there is any inconsistency between the provisions of this Act and any provisions of the 1971 Act or any regulations made under that Act, this Act prevails.
4: This section applies in addition to, and does not limit, section 5(2)
6A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 6A inserted 30 November 2018 section 25 Military Justice Legislation Amendment Act 2018
7: This Act binds the Crown
This Act binds the Crown.
2: Establishment of Court Martial
Court Martial established
8: Court Martial of New Zealand established
1: A court of record called the Court Martial of New Zealand is established.
2: In addition to the jurisdiction and powers specially conferred on the Court Martial by this or any other Act, the court has all the powers inherent in a court of record.
9: Court Martial must sit in divisions
1: For the purposes of any proceedings in the Court Martial, the court must sit in divisions each comprising 1 Judge.
2: Each division of the Court Martial may exercise all the powers of the court.
3: A division of the Court Martial may exercise any powers of the court even though 1 or more divisions of the court are exercising any powers of the court at the same time. Judges of Court Martial
10: Judges of Court Martial
1: The Court Martial comprises—
a: 1 Judge who is to be the Chief Judge of the Court Martial; and
b: at least 6 other Judges.
2: The Court Martial's jurisdiction is not affected by a vacancy in the number of its Judges.
11: Eligibility for appointment as Judge
1: A person must not be appointed as a Judge unless he or she—
a: has held a practising certificate as a barrister or solicitor of the High Court for at least 7 years; or
b: is a District Court Judge.
2: A District Court Judge who is appointed as a Judge of the Court Martial may sit as, or exercise any of the powers of, a District Court Judge.
12: Appointment of Chief Judge
1: The Governor-General may, by warrant, appoint a person as the Chief Judge.
2: A person must not be appointed as the Chief Judge unless he or she—
a: is appointed to, or holds, the office of Judge Advocate General; or
b: if the office of Judge Advocate General is vacant, is eligible for appointment as a Judge under section 11
13: Appointment of Deputy Chief Judges
1: The Governor-General may, by warrant, appoint 1 or more Deputy Chief Judges.
2: A person must not be appointed as a Deputy Chief Judge unless he or she—
a: is appointed to, or holds, the office of Deputy Judge Advocate General; or
b: if the office of Deputy Judge Advocate General is vacant, is eligible for appointment as a Judge under section 11
3: A Deputy Chief Judge may act in place of the Chief Judge if,—
a: because of illness or absence from New Zealand, or for any other reason, the Chief Judge is unable to exercise the duties of that office; or
b: the office of Chief Judge is vacant.
4: While acting in place of the Chief Judge, a Deputy Chief Judge—
a: may perform the functions and duties of the Chief Judge; and
b: may for that purpose exercise all the powers of the Chief Judge.
14: Appointment of other Judges
1: The Governor-General may, by warrant, appoint a person as a Judge.
2: Judges who are appointed under this section have seniority among themselves according to the dates of their appointment.
15: Notice requirement for appointment of Chief Judge, Deputy Chief Judges, or other Judges
Section 15 repealed 30 November 2018 section 26 Military Justice Legislation Amendment Act 2018
16: Protection of Judges against removal from office
1: A Judge may not be removed from office except by the Sovereign or the Governor-General, acting upon the address of the House of Representatives.
2: An address under subsection (1) may be moved only on the ground of—
a: the Judge's misbehaviour; or
b: the Judge's incapacity to discharge the functions of the Judge's office.
17: Judges must not hold other offices
1: A Judge must not undertake any other paid employment or hold any other office (whether paid or not) unless the Governor-General is satisfied that the employment or other office is compatible with judicial office.
2: Subsection (1) is subject to section 11(2)
18: Judges to have immunities of High Court Judges
A Judge has all the immunities of a Judge of the High Court.
19: Age of retirement
1: Each Judge, except the Chief Judge, must retire from office on attaining the age of 70 years.
2: The Chief Judge must retire from office on attaining the age of 75 years.
20: Salaries and allowances of Judges
1: Each Judge is to be paid, out of public money, without further authority than this section,—
a: a salary at the rate that the Remuneration Authority determines; and
b: any allowances that are determined by the Remuneration Authority; and
c: any additional allowances (being travelling allowances or other incidental or minor allowances) that may be determined by the Governor-General.
2: In the case of the Chief Judge or a Deputy Chief Judge, the rate of salary and the allowances determined may be higher than those for the other Judges.
3: The salary of a Judge is not to be reduced while the Judge holds office.
4: The salary and allowances payable for a period during which a Judge acts on a part-time basis must be calculated and paid on a pro rata basis as a proportion of the salary and allowances for a full-time equivalent position.
5: For the purpose of subsection (3), the payment of salary and allowances on a pro rata basis under subsection (4) is not a reduction of salary.
6: Any determination made under subsection (1), and any provision of the determination, may be made so as to come into force on a date specified in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section.
7: Every determination made under subsection (1), and every provision of the determination, for which no date is specified under subsection (6) comes into force on the date of the making of the determination.
3: Constitution of Court Martial for proceedings
Composition of Court Martial
21: Composition of Court Martial
1: For the purpose of any trial in the Court Martial and of any proceedings under section 63
a: 1 Judge; and
b: either of the following:
i: 5 military members if the proceedings relate to an offence for which the maximum penalty is life imprisonment or a term of imprisonment of 20 years or more (a serious offence
ii: 3 military members in any other case.
2: For the purpose of any other proceedings in the Court Martial, the court may consist of 1 Judge.
3: The Chief Judge must assign the Judge for the proceedings.
4: The Registrar must assign the military members in accordance with sections 22 to 26 section 28 Assignment of military members of Court Martial
22: Qualifications for membership
A person is qualified to sit as a military member only if he or she—
a: is a member of the Armed Forces; and
b: has served in the Armed Forces for a period of more than 3 years (whether continuously or in aggregate); and
c: is not disqualified under section 23
23: Disqualifications for membership
A person is disqualified to sit as a military member if he or she—
a: has been the commanding officer of the accused at any time between the date on which the accused was charged and the date of the trial; or
b: is the prosecutor or a witness for the prosecution; or
c: has investigated the charge against the accused or was the officer who made the preliminary inquiry into the case; or
d: was the disciplinary officer who acted under Part 5
e: was a member or judge advocate of a previous court that tried the accused in respect of the same offence; or
f: has held, or was one of the persons holding, an inquiry under the 1971 Act into matters relating to the subject matter of the charge against the accused; or
g: has a personal interest in the case.
24: Registrar must consider other factors in assigning military members
1: In any proceedings in the Court Martial where the accused is an officer, the Registrar must assign—
a: 5 officers to be military members if the proceedings relate to a serious offence; or
b: 3 officers to be military members in any other case.
2: In any proceedings in the Court Martial where the accused is a rating, soldier, or airman, the Registrar may assign—
a: any of the following to be military members if the proceedings relate to a serious offence:
i: 5 officers; or
ii: 4 officers and 1 warrant officer; or
iii: 3 officers and 2 warrant officers; or
b: either of the following to be military members in any other case:
i: 3 officers; or
ii: 2 officers and 1 warrant officer.
3: Unless the Registrar is of the opinion that it is not reasonably practicable to do so, the Registrar—
a: must assign military members whose ranks reflect—
i: the seniority of the accused; and
ii: the seriousness of the charge against the accused; and
b: must assign at least 1 military member who belongs to the same component of the Navy, Army, or Air Force, as the case may be, as the accused; and
c: must not assign officers or warrant officers who are all—
i: from the same ship or unit as the accused; or
ii: from 1 ship or unit.
25: Officers of other forces may be assigned as military members in certain circumstances
1: This section applies if—
a: it is necessary to try an accused at a particular place or under particular circumstances; and
b: because of that place or those circumstances, the Registrar considers that the minimum number of officers required by section 24(1) or (2)
2: The Registrar may assign an officer of a force of another State to be a military member if that State has been declared to be serving together with a New Zealand force under section 23B
3: However, only 1 officer may be assigned as a military member under subsection (2), and that person may not be assigned unless he or she has served as an officer for a period of more than 3 years (whether continuously or in aggregate).
26: Procedure for assigning military members
1: The Registrar must give written notice to—
a: each person who is assigned as a military member; and
b: the accused in the proceedings ; and
c: the Director of Military Prosecutions.
2: The notice under subsection (1)(a) must state that—
a: the person has been assigned as a military member; but
b: the assignment is to be confirmed pending any objections made by the accused or the Director of Military Prosecutions section 27
3: The notices under subsection (1)(b) and (c)
a: set out the names and particulars of the persons who have been assigned as military members; and
b: state that the accused and the Director of Military Prosecutions have section 27 Section 26(1)(b) amended 30 November 2018 section 27(1) Military Justice Legislation Amendment Act 2018 Section 26(1)(c) inserted 30 November 2018 section 27(2) Military Justice Legislation Amendment Act 2018 Section 26(2)(b) amended 30 November 2018 section 27(3) Military Justice Legislation Amendment Act 2018 Section 26(3) amended 30 November 2018 section 27(4) Military Justice Legislation Amendment Act 2018 Section 26(3)(b) amended 30 November 2018 section 27(5) Military Justice Legislation Amendment Act 2018
27: Objections against
1: The accused or the Director of Military Prosecutions
a: might not act, or is not in a position to act, impartially; or
b: is not qualified to sit as a military member under section 22
2: An objection under subsection (1) must—
a: be in writing; and
b: specify the ground of the objection; and
c: be made within the time prescribed in the rules of procedure; and
d: be served on the Registrar.
3: On receiving an objection made in accordance with subsection (2), the Registrar must—
a: consider the objection; and
b: decide whether to accept or reject the objection.
4: If the Registrar accepts the objection, the Registrar must—
a: assign another person (a substitute military member sections 22 to 26 28
b: give written notice of that assignment to—
i: the substitute military member; and
ii: the person whose assignment was objected to impugned person
iii: the accused ; and
iv: the Director of Military Prosecutions.
5: To avoid doubt, the impugned person must be treated as if that person had retired from the Court Martial on the date on which the notice under subsection (4)(b)(ii) is given.
6: If the Registrar rejects the objection,—
a: the impugned person is confirmed as a military member; and
b: the Registrar must give written notice of that fact to the impugned person , the accused, and the Director of Military Prosecutions Section 27 heading amended 30 November 2018 section 28(1) Military Justice Legislation Amendment Act 2018 Section 27(1) amended 30 November 2018 section 28(2) Military Justice Legislation Amendment Act 2018 Section 27(4)(b)(ii) amended 30 November 2018 section 28(3) Military Justice Legislation Amendment Act 2018 Section 27(4)(b)(iii) amended 30 November 2018 section 28(4) Military Justice Legislation Amendment Act 2018 Section 27(4)(b)(iv) inserted 30 November 2018 section 28(5) Military Justice Legislation Amendment Act 2018 Section 27(6)(b) amended 30 November 2018 section 28(6) Military Justice Legislation Amendment Act 2018
28: Substitute military members
1: The Registrar may , before the accused has entered a plea to the charge at the trial,
a: an officer to act as a substitute military member for another officer; or
b: a warrant officer to act as a substitute military member for another warrant officer.
2: A substitute military member may be assigned to fill a vacancy in the military membership of the Court Martial if a military member—
a: dies or becomes seriously ill
b: is absent or is found to be disqualified to sit as a military member; or
c: retires from the court as a result of an objection under section 27
d: is found guilty of contempt of the Court Martial under section 32
3: The accused or the Director of Military Prosecutions section 27
4: If, after the accused has entered a plea to the charge at the trial, a military member is unable to continue for one of the reasons specified in subsection (2), the Judge must discharge all of the military members and refer the charge back to the Director of Military Prosecutions.
5: The Director of Military Prosecutions may—
a: decide not to proceed with the charge; or
b: lay the charge sheet again, or an amended version of the charge sheet, before the Registrar.
6: If subsection (5)(b) applies, the Registrar must assign new military members in accordance with sections 22 to 26 section 28 Section 28(1) amended 30 November 2018 section 29(1) Military Justice Legislation Amendment Act 2018 Section 28(2)(a) amended 30 November 2018 section 29(2) Military Justice Legislation Amendment Act 2018 Section 28(3) amended 30 November 2018 section 29(3) Military Justice Legislation Amendment Act 2018 Section 28(4) inserted 30 November 2018 section 29(4) Military Justice Legislation Amendment Act 2018 Section 28(5) inserted 30 November 2018 section 29(4) Military Justice Legislation Amendment Act 2018 Section 28(6) inserted 30 November 2018 section 29(4) Military Justice Legislation Amendment Act 2018
4: Duties of members of Court Martial
Duties of Judge
29: Duties of Judge: general
1: A Judge must act impartially at all times.
2: A Judge must be present whenever the Court Martial is sitting, whether in open or closed court, except when the court is deliberating on its findings at a trial or on a reconsideration of its findings.
3: A Judge must (without prejudice to the Judge's duty under the rules of procedure) take all necessary steps to ensure that the defence of the accused is not prejudiced by the ignorance of the accused, or by any incapacity of the accused to state his or her case intelligibly or to question witnesses, or in any other way.
4: A Judge may call or recall any witness that he or she considers should be questioned on any matter that the Judge considers requires clarification.
5: A Judge must ensure that a proper record of any proceeding is made and is kept in safe custody in accordance with the rules of procedure.
30: Duties of Judge at trial
1: A Judge must ensure that a trial is conducted—
a: in accordance with this Act, the 1971 Act, and the rules of procedure; and
b: in a manner that is appropriate for a court of justice.
2: In particular, a Judge must act as follows:
a: rule on any informality or defect in—
i: the charge sheet; or
ii: the constitution of the Court Martial; or
iii: any other matter relating to the proceeding:
b: ensure that the prosecutor and the defender or counsel conduct themselves in accordance with the rules of procedure:
c: ensure that justice is administered and that the accused has a fair trial:
d: afford the accused every reasonable opportunity to make his or her defence:
e: ensure that the accused refrains from making remarks contemptuous of, or disrespectful towards, the Court Martial and from using insulting language:
f: ensure that no officer under instruction who is present expresses an opinion to a member of the Court Martial on any matter relating to the trial before the court has announced its findings, nor on sentence before the court has passed sentence:
g: after the final addresses on behalf of the prosecution and the accused, sum up the evidence and advise the military members on the application of the law to the case before they retire to deliberate on their findings:
h: if the military members declare a finding of guilty (including any finding authorised by sections 56 to 59
3: For the purposes of subsection (2)(d), a Judge—
a: must not unnecessarily restrict the accused in the manner in which the accused makes the defence; and
b: must not stop the presentation of the defence on the ground of irrelevance except in extreme cases (although the Judge may caution the accused to avoid the defence becoming irrelevant).
4: Despite subsection (2)(e), a Judge must not prevent the accused from impeaching the evidence or motive of any witness, or charging any other person with any blame or criminality, if to do so is a part of the case for the defence (although the Judge may caution the accused of his or her liability to cross-examination if he or she follows that course). Duties of military members
31: Duties of military members
1: A military member must at all times—
a: act in a manner that is consistent with achieving a fair trial for the accused; and
b: behave in a manner that is appropriate for a member of a court of justice.
2: In particular, a military member—
a: must consider all the evidence admitted by the Judge at the trial; and
b: must vote impartially on the finding and, if necessary, on the sentence; and
c: must not disclose any opinion of a member of the Court Martial or how that member voted on the finding or sentence, or both.
3: A military member may ask questions to clarify any matters at the trial.
32: Failure to attend Court Martial is contempt of court
1: A military member commits a contempt of the Court Martial if that person fails, without reasonable excuse, to—
a: attend all the sittings of the court in respect of the proceedings for which the military member was assigned; and
b: perform the functions or duties of a military member of the court during the period of that person's membership of the court.
2: For the purposes of subsection (1), the period of a person's membership of the Court Martial—
a: begins on the date on which the person receives the written notice referred to in section 26(1)(a) 27(4)(b)(i)
b: ends on the date on which the person—
i: retires from the court as a result of an objection under section 27
ii: is released from the court on the discharge of the military members under section 48
iii: is discharged by the Judge from his or her functions and duties as a military member on the completion of the proceedings concerned.
3: If a military member is alleged to have committed a contempt of the Court Martial under subsection (1), the Judge—
a: must inquire into the alleged contempt; and
b: may find the military member guilty of the contempt after hearing—
i: any witness against or on behalf of the military member; and
ii: any statement that may be offered in defence.
4: The penalty for contempt of the Court Martial under this section is imprisonment for a term not exceeding 21 days or a fine not exceeding $1,000.
5: To avoid doubt, a military member found guilty of contempt of the Court Martial under this section must be treated as if that person had retired from his or her membership of the court on the date of that finding. Other provisions relating to role of military members
33: Seniority of military members
1: The most senior officer assigned by the Registrar as a military member is to be the senior military member of the Court Martial.
2: The other persons assigned by the Registrar as military members have seniority among themselves according to their rank and according to their seniority within that rank.
34: Senior military member must submit report on command issues
1: The senior military member must submit a written report on any command issues that arise in the course of any proceedings before the Court Martial to the superior commander who referred the charges that are the subject of those proceedings to the Director of Military Prosecutions.
2: The superior commander must forward a copy of a report under subsection (1) to—
a: the Chief of the relevant service; and
b: in the case of units under joint command, the commander of any joint force; and
c: the Discipline Committee.
3: This section is subject to section 35
35: Prohibition on taking into account information about conduct of military members
1: This section applies to information about the way in which a military member, in the course of any proceedings before the Court Martial,—
a: conducted himself or herself as a member of the court; or
b: performed his or her functions or duties in that capacity.
2: Any information to which this section applies must not be taken into account in any decision that affects, or is likely to affect, the conditions of service within the Armed Forces of the military member to whom that information relates.
3: Conditions of service
2: Jurisdiction, procedures, and powers
1: Jurisdiction and sittings of Court Martial
General jurisdiction
36: Jurisdiction of Court Martial
1: The Court Martial has the jurisdiction conferred by section 78
2: In addition, the Court Martial must sit to hear and determine—
a: every charge laid before the Registrar by the Director of Military Prosecutions:
b: every application made by the Director of Military Prosecutions under section 63(2)
c: every other application made to the court under this Act (for example, an application for bail) or the 1971 Act. Sittings of Court Martial
37: Requirements for sittings of Court Martial
1: The Court Martial—
a: must sit in open court unless section 38 39
b: must sit in the presence of the accused; and
c: may sit in any place, whether in New Zealand or elsewhere; and
d: may conduct its proceedings by teleconference or by any means of communication that allows individuals a reasonable opportunity to participate in the proceedings.
2: Despite subsection (1)(b), the Court Martial may sit in the absence of the accused if the accused misconducts himself or herself by so interrupting the proceedings as to render the continuation of those proceedings in his or her presence impracticable.
3: Subsection (1)(b) and (d) are subject to the rules of procedure.
4: A sitting of the Court Martial may be adjourned from time to time and from place to place.
38: When Court Martial must hold proceedings in closed court
1: The Court Martial must hold its proceedings in closed court while—
a: the Judge sits alone to rule on any question of law or procedure in accordance with section 44
b: the military members deliberate on the finding in accordance with section 55
c: the Judge and the military members deliberate on the sentence in accordance with section 61
2: The Court Martial may hold its proceedings in closed court on any other deliberation.
3: When the Court Martial holds its proceedings in closed court, only the following persons may be present:
a: the members of the court referred to in subsection (1)(a), (b), or (c) (as the case requires):
b: in the case of proceedings referred to in subsection (1)(a), the persons referred to in section 39(2)(c)(iii) to (vii)
c: any other persons authorised by the Judge.
39: Judge may limit scope of open court
1: In any proceedings in the Court Martial, the Judge may make any of the orders specified in subsection (2) limiting the scope of open court if the Judge 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: a military member:
ii: an officer under instruction:
iii: the Director of Military Prosecutions or any person acting on behalf of the Director:
iv: the accused and any escort of the accused:
v: the accused's counsel or defender:
vi: the Registrar or any other officer of the Court Martial:
vii: an interpreter required in the proceedings:
viii: a person expressly permitted by the Judge to be present.
3: However, the Judge 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).
40: Duration of order limiting scope of open court
An order specified in section 39(2)
a: may be made for a limited period or permanently; and
b: if made for a limited period, may be renewed for a further period or periods or made permanent by the Court Martial at any time; and
c: if made permanently, may be reviewed by the Court Martial at any time.
41: Application of section 42
Section 42 a case involving sexual violation
a: section 74
i: sexual violation:
ii: attempted sexual violation:
iii: assault with intent to commit sexual violation:
iv: an offence against section 129A
v: an offence against section 142A
b: section 75
42: Special provisions in cases involving sexual violation
1: While the complainant in a case involving sexual violation is giving oral evidence (whether in chief or under cross-examination or on re-examination), no person may be present except the following:
a: the Judge for the proceeding:
b: a military member:
c: an officer under instruction:
d: the Director of Military Prosecutions or any person acting on behalf of the Director:
e: the accused and any escort of the accused:
f: the accused's counsel or defender:
g: the Registrar or any other officer of the Court Martial:
h: an interpreter required in the proceedings:
i: an accredited news media reporter:
j: a person whose presence is requested by the complainant:
k: a person expressly permitted by the Judge to be present.
2: Before the complainant in a case involving sexual violation commences to give evidence, the Judge must—
a: ensure that no person other than one referred to in subsection (1) is present; and
b: advise the complainant of the complainant's right to request the presence of any person under subsection (1)(j).
3: If, in a case involving sexual violation, the Judge is of the opinion that the interests of the complainant so require, he or she may make an order forbidding publication of any report or account giving details of the criminal acts alleged to have been performed on the complainant or of any acts that the complainant is alleged to have been compelled or induced to perform or consent to or acquiesce in.
4: This section does not limit or affect the powers of the Judge to make an order specified in section 39(2)
2: Procedures
43: Preliminary procedure
1: The Registrar must—
a: fix the time and place for each sitting of the Court Martial; and
b: give written notice of the time and place fixed to—
i: the accused; and
ii: the Director of Military Prosecutions; and
iii: the Judge for the proceedings; and
iv: the military members for the proceedings.
2: At the beginning of the trial, the notice under subsection (1)(b) must—
a: be accompanied by a copy of the charge sheet certified by the Director of Military Prosecutions in accordance with section 101F(c)
b: in the case of a notice to the accused, be accompanied by a copy of all documents submitted to the Judge by the Director of Military Prosecutions in relation to the charge; and
c: in the case of a notice to the military members, be accompanied by an information sheet that—
i: describes the functions and duties of military members; and
ii: is in the prescribed form.
44: Judge may sit alone to rule on question of law or procedure
1: The Judge for the proceedings must—
a: rule on every question of law or procedure that arises during any trial in the Court Martial; and
b: sit in the absence of the military members to determine the question of law or procedure if the Judge considers it would be desirable in the interests of justice to do so.
2: To avoid doubt, the Judge may sit alone under subsection (1)(b) before or after the appointment of the military members.
3: A ruling under subsection (1) must be followed by the military members.
4: In this section, question of law
a: a plea to the general jurisdiction of the Court Martial:
b: a plea in bar of trial:
c: an application for the separation of trials:
d: an application for the severance of charge sheets:
e: an application for the severance of charges:
f: a submission that there is no case to answer:
g: the admissibility of evidence:
h: an application for a ruling referred to in section 30(2)(a)
i: an application for an order specified in section 39(2)
j: an order under subpart 3 Criminal Procedure Act 2011 section 145
k: an application for discovery:
l: the fitness of the accused to stand trial. Section 44(4)(j) 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
45: Power to summon witnesses
1: The Judge for the proceedings or the Registrar 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: A summons—
a: must be in the prescribed form; and
b: may be issued—
i: on the initiative of the Judge or Registrar; or
ii: on the application of the Director of Military Prosecutions or the accused.
46: 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.
47: Administration of oaths
1: An oath in the prescribed form must be administered to—
a: every military member:
b: every officer under instruction in the Court Martial:
c: every person responsible for recording or transcribing the proceedings in the court:
d: every interpreter attending the court.
2: Every witness before the court must be examined on oath administered in the prescribed form.
3: If the 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 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 Act must be administered in accordance with the rules of procedure. Discharge of military members
48: Discharge of military members
1: The Judge—
a: must discharge the military members if they are unable to reach a unanimous decision on the charge; or
b: may discharge the military members if, before or after the beginning of a trial, the Judge considers it to be necessary or expedient in the interests of the administration of justice.
2: Section 55(2)
3: If, after the beginning of a trial, the Judge dies or is otherwise unable to attend,—
a: the Chief Judge must assign another Judge to be the Judge of the Court Martial; and
b: that Judge must discharge the military members.
4: If the military members are discharged under this section, they are released from their functions and duties to the court.
3: Bail
General
49: Judge may grant bail pending trial
1: This section applies to a person who—
a: is accused of committing an offence against the 1971 Act; and
b: is being held in custody under that Act.
2: The accused is not entitled to bail as of right.
3: A Judge may, on application by the accused,—
a: grant bail to the accused:
b: impose any conditions of bail that the Judge thinks fit.
4: In determining whether to grant bail under this section, the Judge—
a: must take into account the considerations set out in section 8(1) and (4)
i: the seriousness of the offence:
ii: whether there are urgent and exceptional circumstances that favour the granting of bail:
iii: the effect on service discipline of releasing 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.
5: The onus is on the accused to show cause why bail should be granted. Section 49(4)(a) amended 24 October 2019 section 28 Statutes Amendment Act 2019 Section 49(4)(aa) inserted 30 November 2018 section 30 Military Justice Legislation Amendment Act 2018
50: Judge may grant bail pending appeal
1: This section applies to a person (the appellant
a: has been convicted of an offence against the 1971 Act; and
b: is serving a sentence of imprisonment or detention under that Act in respect of the conviction pending the determination of his or her appeal against conviction or sentence, or both, to—
i: the Summary Appeal Court; or
ii: the Court Martial Appeal Court.
2: The appellant—
a: is not entitled to bail as of right; and
b: may not go at large without bail.
3: A Judge may, on application by the appellant,—
a: grant bail to the appellant:
b: impose any conditions of bail that the Judge thinks fit.
4: In determining whether to grant bail under this section, the Judge—
a: must take into account all of the following considerations:
i: the seriousness of the offence:
ii: whether there are urgent and exceptional circumstances that favour the granting of bail:
iii: the effect on service discipline of releasing the person on bail; and
b: may take into account the considerations set out in section 14(3)
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.
5: The onus is on the appellant to show cause why bail should be granted.
51: Time on bail pending appeal does not count as time served
Any time during which an appellant is released from imprisonment or detention on bail pending an appeal against conviction or sentence, or both, does not count as time served under any sentence. Other provisions relating to bail
52: Procedure for bail generally
1: If an application for bail is made under section 49(3) 50(3)
2: The Director of Military Prosecutions—
a: must be the respondent to the application; and
b: may make recommendations to the Judge who is considering the application.
3: Before making a decision, the Judge must consider any recommendations that the Director of Military Prosecutions has made, including any recommendations on measures to prevent the escape of the person concerned should bail be granted.
53: 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 49 50
a: the Judge is satisfied by evidence on oath that—
i: 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 member of the police; and
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 member of the police.
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: must 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).
54: Person arrested under warrant for absconding or breaching bail condition must be brought before Judge
1: A person who is arrested under a warrant issued under section 53
2: The Judge 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.
4: Findings of Court Martial
Finding on charge
55: Finding of Court Martial
1: The finding of the Court Martial on a charge must be determined by the unanimous vote of the military members.
2: If the military members are unable to reach a unanimous decision on the charge, the Judge must refer the charge back to the Director of Military Prosecutions after discharging the military members in accordance with section 48(1)(a)
3: The Director of Military Prosecutions may then—
a: decide not to proceed with the charge; or
b: lay the charge sheet again, or an amended version of the charge sheet, before the Registrar.
4: If subsection (3)(b) applies, the Registrar must assign new military members in accordance with sections 22 to 26 section 28
56: Power to convict of offence other than that charged
1: This section applies if a provision of the 1971 Act provides that—
a: an act or omission, if done or made with a certain specified intent or in certain specified circumstances, is an offence punishable by a specified punishment; and
b: the same act or omission, if done or made otherwise than with that intent or in those circumstances, is an offence punishable by a less severe punishment.
2: An accused charged with having committed an offence with the intent or in the circumstances involving the more severe punishment may be convicted of the offence that relates to the less severe punishment.
57: Accused may be convicted of attempting to commit offence
1: An accused charged with an offence may, if the circumstances warrant it, be convicted of attempting to commit that offence.
2: An accused charged with attempting to commit an offence may be convicted of the attempt even though it is proved that he or she actually committed the offence.
58: Accused may be convicted of corresponding offence
An accused charged with an offence ( offence A Schedule 1 offence B
59: Accused may be convicted of offence even though facts proved in evidence differ from those alleged in particulars of charge
An accused may be convicted of an offence even though the facts proved in evidence differ from the facts alleged in the particulars of the charge, if the Court Martial considers that—
a: the facts proved in evidence are sufficient to prove the commission of the offence to which the charge relates; and
b: the difference is not so material as to have prejudiced the accused in his or her defence.
60: Recording of finding on alternative charges
If the Court Martial records a conviction on a charge laid in the alternative, the court must—
a: find the accused not guilty of any charge laid in the alternative to it that is placed before it on the charge sheet; and
b: record no finding on any alternative to it that is placed after it on the charge sheet. Sentence of Court Martial
61: Sentence of Court Martial
1: The sentence of the Court Martial (if any) must be passed by the majority of the votes of the Judge and the military members.
2: However, if there is an equality of votes on the sentence, the Judge has a casting vote.
62: Order to come up for sentence if called on
1: If the accused is convicted of an offence, the Court Martial may, instead of passing sentence, order the accused to appear for sentence, 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 of conviction, that the Court Martial may specify in the order.
3: If the Court Martial makes an order under subsection (1), the court must record and attach to the record of proceedings a statement of its findings of fact in relation to the charge.
4: The Court Martial may make orders under section 86 87
63: Offender to come up for sentence
1: This section applies if an offender for whom an order is made under section 62
a: is convicted or found guilty summarily of a subsequent offence against the 1971 Act or any other Act; or
b: fails to comply with any other order referred to in section 62(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 62
2: The Director of Military Prosecutions may, at any time within the period specified in the order, apply to the Court Martial to have the offender brought before the Court Martial to be dealt with for the original offence.
3: On an application under subsection (2), the offender is to be placed in close arrest and brought before the Court Martial at the time and place directed by the Registrar.
4: If a person appears before the Court Martial under this section and the Court Martial is satisfied of any of the matters specified in subsection (1), the Court Martial—
a: must inquire into the circumstances of the original offence and the conduct of the offender since the order was made (including, if appropriate, the circumstances and seriousness of the subsequent offence (if any)); and
b: may sentence the offender for the original offence.
64: Other offences may be taken into account in passing sentence
1: A person who is found guilty by the Court Martial of an offence may request the court to take into account any other offence that the person admits to having committed, if the other offence—
a: is similar to that of which the person has been found guilty; and
b: is not an offence that is punishable by imprisonment for life.
2: If a request is made under subsection (1), the court may take the other offence into account in sentencing the accused.
3: If the court takes the other offence into account, it must not, in passing sentence, impose a punishment of greater severity than the maximum punishment that it may impose for the offence of which the accused was found guilty.
4: The court may exercise, in respect of any other offence taken into account under this section, any of the powers to order payment of compensation under section 86 section 87
65: Court Martial must adhere to sentencing guidelines
When sentencing an offender, the Court Martial must pass a sentence that is consistent with any sentencing guidelines that are relevant in the offender's case, unless the court is satisfied that it would be contrary to the interests of justice to do so. Announcement of finding and sentence
66: Announcement of finding and sentence
1: The Judge must announce in open court—
a: the finding of the Court Martial on each charge tried by the court; and
b: any sentence passed by the court.
2: The Judge must give reasons for the sentence (if any) passed by the court.
3: Subsection (4) applies if the Court Martial sentences a person—
a: to be dismissed from Her Majesty's service; or
b: to a term of imprisonment involving dismissal from Her Majesty's service.
4: In delivering a sentence, the Judge must state that the dismissal does not take effect—
a: until the expiration of the period for lodging an appeal to the Court Martial Appeal Court against the conviction or sentence; or
b: if an appeal to that court, the Court of Appeal, or the Supreme Court is pending, until the appeal is determined.
3: Miscellaneous and administrative provisions
1: Miscellaneous provisions
Miscellaneous
67: Court must take judicial notice of certain matters
1: The Court Martial 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 Court Martial may also take judicial notice of matters that may fairly be regarded as being within the general service knowledge of members of the court.
68: Defence of accused
Any accused to be tried by the Court Martial may be defended—
a: by a lawyer; or
b: by a defender.
69: Proceedings not invalid for want of form, etc
No proceedings before the Court Martial may—
a: be held invalid by reason only of want of form; or
b: be liable to removal into any court by means of any prerogative writ or order; or
c: be liable to review by any court under the Judicial Review Procedure Act 2016 Section 69(c) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016
70: Application of provisions of Evidence Act 2006 relating to jury trials to proceedings under this Act or 1971 Act
1: The provisions of the Evidence Act 2006
2: The provisions of the Evidence Act 2006
a: include sections 32(2)(b) 45(3)(e) and (f) 76 82 83(1) 98(5)(a) 105(1)(b) 109(2) and (3) 121(2) 122 to 127
b: do not include sections 101 128
71: Evidence in proceedings under this Act or 1971 Act
1: The rules of evidence that apply in the High Court for criminal proceedings (including the rules of evidence contained in the Evidence Act 2006
2: Accordingly, a person is not required to answer any question or to produce any document in proceedings of the Court Martial that he or she could not be required to answer or produce in criminal proceedings before the High Court.
3: This section is subject to sections 72 to 74
72: Limits on application of section 71: evidence of general matters
1: Despite section 71
2: The attestation paper purporting to be signed by a person on his or her being attested as a rating, soldier, or airman in the Armed Forces of New Zealand or in any Commonwealth force, and the declaration purporting to be made by any person upon his or her re-engagement in any of the Armed Forces of New Zealand or in any Commonwealth force, is evidence of that person having given the answers to questions that he or she is represented as having given in the paper or declaration.
3: The enlistment of a person in any of the Armed Forces of New Zealand or in a Commonwealth force may be proved by the production of a copy of his or her attestation paper purporting to be certified to be a true copy by the officer or record officer having the custody of the attestation paper without proof of the handwriting of that officer, or of his or her having the custody of the paper.
4: A letter, return, or other document with respect to a person, if purporting to be issued by or on behalf of the Chief of Defence Force, or by a person authorised by the Chief of Defence Force, or by the commanding officer or the officer or record officer having the custody of the records of any portion of a Commonwealth force, or of any ship of a Commonwealth naval force to which that person appears to have belonged, or alleges that he or she belongs or had belonged, is evidence of the facts stated in that letter, return, or other document of the person—
a: having or not having at any time or times served in, or been discharged from, any Commonwealth force; or
b: having or not having held any rank or appointment in, or been posted or transferred to, any Commonwealth force, or having or not having served in any particular country or place; or
c: being or not being authorised to use or wear any service decoration, ribbon, badge, wound stripe, or emblem, the use or wearing of which by an unauthorised person is under any other Act an offence.
5: Copies purporting to be printed under the authority of the New Zealand Government of regulations, rules, or orders made under this Act, the 1971 Act, the Defence Act 1990
6: Any list of members of the Armed Forces published by or under the authority of the Chief of Defence Force, or published in the Gazette Gazette
7: Any warrants or orders made under this Act, the 1971 Act, or the Defence Act 1990
8: If an entry is made in, or a document is filed with, any service record pursuant to this Act, the 1971 Act, or the Defence Act 1990
9: A copy of any entry or document (including the signature of any person who has signed it) forming part of a service record and purporting to be certified to be a true copy by the officer or record officer stated in the certificate to have the custody of the record is evidence of that entry or document.
10: A certificate purporting to be signed by the commanding officer of any accused, or signed by any other officer authorised by that commanding officer to give the certificate, and stating the contents of any Defence Force Order, or any general, standing, daily, or routine order, or any part of the order, made in respect of any service, force, command, or formation, or any defence area or ship, or any unit, detachment, or other part of the Armed Forces, is, in the proceedings against the accused, evidence of the matters stated in the certificate.
11: A certificate purporting to be signed by the commanding officer of any accused, or signed by any other officer authorised by that commanding officer to give the certificate, and stating the contents of any part of any Defence Manual, is, in the proceedings against the accused, evidence of the matters stated in the certificate.
12: If the issue or one of the issues in the proceedings relates to the navigation of one of Her Majesty's New Zealand ships, a navigation report prepared by a competent officer or officers appointed in accordance with the rules of procedure is evidence of the matters stated in the report.
73: Limits on application of section 71: evidence of custody at police station
1: Despite section 71
2: If the member has been taken to a police station in any place in New Zealand or elsewhere or has on surrender been taken into custody at any police station, then, for the purposes of any proceedings against that member, a certificate purporting to be signed by the member of the police in charge of that police station, and stating the fact, date, and place of the arrest or surrender, is evidence of the matters so stated.
3: Any certificate given under subsection (2) may include a statement as to whether, at the time of the arrest, or surrender, the member was wearing the uniform of the service to which he or she belongs or civilian clothes; and that certificate is evidence of the matters so stated.
74: Limits on application of section 71: evidence of surrender, arrest, or delivery to service custody in relation to charge of desertion or absence without leave
1: Despite section 71
2: If the member has surrendered himself or herself into the custody of a provost officer or a person lawfully exercising authority under or on behalf of a provost officer, or of any other officer of any New Zealand or allied force, a certificate purporting to have been signed by that provost officer, or person, or other officer, and stating the fact, date, and place of the surrender, is evidence of the matters so stated.
3: If the member has been arrested and taken into the custody of a provost officer or a person lawfully exercising authority under or on behalf of a provost officer, or of any other officer of any New Zealand or allied force, a certificate purporting to have been signed by that provost officer, or person, or other officer, and stating the fact, date, and place of the arrest, is evidence of the matters so stated.
4: If the member has been delivered into service custody by a member of the police, a certificate purporting to be signed by that member of the police, and stating the fact, date, and place of the surrender of the member, is evidence of the matters so stated.
5: Any certificate given under subsections (2) to (4), or any 1 or more of those subsections, may include a statement as to whether, at the time of the surrender, arrest, or delivery into service custody, as the case may be, the member was wearing the uniform of the service to which he or she belongs or civilian clothes; and that certificate is evidence of the matters so stated.
75: Records of Court Martial proceedings
1: A person who has custody of any record of the proceedings of the Court Martial held under this Act or the 1971 Act must deliver it as soon as practicable after the trial to the Judge Advocate General.
2: The Judge Advocate General may give directions as to how the record must be kept (including directions as to how long it must be kept, which must be for a period of not less than 6 years from the conclusion of the trial).
3: A person who has been tried by the Court Martial ( person A person B
a: applies to the Judge Advocate General within,—
i: in the case of person A, 5 years after the conclusion of the trial; or
ii: in the case of person B, 12 months after the death of person A; and
b: pays the prescribed fee (if any).
4: Despite subsection (3), if the Minister certifies that it is necessary for reasons of security that the record of the proceedings of the Court Martial, or any part of them, should not be disclosed, the Judge Advocate General may direct that an applicant for a copy of the record is not to be supplied with the record, or that part of the record, to which the certificate relates.
5: In this section,— personal representative
a: person A's legal personal representative; or
b: any other person whom the Judge Advocate General considers should, for the purposes of this section, be regarded as the personal representative of person A record of the proceedings of the Court Martial
76: Evidence of proceedings of Court Martial
1: Subsection (2) applies to every original record of any proceedings of the Court Martial that—
a: appears to have been signed by the Judge of the court for those proceedings; and
b: is in the custody of—
i: the Judge Advocate General; or
ii: any person lawfully having custody of any original record.
2: On its being produced from the custody of a person referred to in subsection (1)(b), the original record to which this subsection applies is admissible in evidence in all proceedings under this Act or the 1971 Act and in all courts in New Zealand.
3: Subsection (4) applies to a document that appears—
a: to be a copy of the original record (including a transcript of an audio recording of the proceedings) of any proceedings of the Court Martial or of part of that record; and
b: to be certified by the Judge Advocate General, or by any person lawfully having custody of the original record, as being a true copy of that record or part of that record.
4: A document to which this subsection applies is admissible as evidence of the original record or part of the original record, as the case may be, in all proceedings under this Act or the 1971 Act and in all proceedings in civil courts in New Zealand on its being produced in those proceedings, without proof of the signature of the Judge Advocate General or other person lawfully having custody of the original record.
2: Administrative provisions
Seal
77: Seal of Court Martial
The Court Martial is to have a seal, which is to be judicially noticed by all courts and for all purposes. Delegation by Chief Judge
78: Chief Judge may delegate functions, duties, or powers to Deputy Chief Judge or Registrar
1: The Chief Judge may, either generally or particularly, delegate—
a: to a Deputy Chief Judge any of the Chief Judge's functions, duties, and powers (except the power of delegation); or
b: to the Registrar the Chief Judge's duty under section 21(3)
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: A Deputy Chief Judge or the Registrar may perform any functions, duties, or powers 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 a Deputy Chief Judge or the Registrar appears to act under subsection (1), that person is presumed to be acting in accordance with the terms of delegation in the absence of evidence to the contrary. Appointment of Registrar, clerks, and other officers of Court Martial
79: Appointment of Registrar, clerks, and other officers of Court Martial
1: The Chief Judge must appoint a person to act as the Registrar.
2: The Registrar may appoint clerks or any other officers of the Court Martial as may be required.
3: An appointment under this section must be made by giving 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 Chief Judge or the Registrar (as the case may be) is satisfied that the employment or other office is compatible with that person's appointment.
80: Registrar to be Inspector of Service Penal Establishments
1: The Registrar, because of his or her office, is to be the Inspector of Service Penal Establishments.
2: The Inspector of Service Penal Establishments performs the functions of National Preventive Mechanism under the Crimes of Torture Act 1989 section 2(1) Attendance of clerk, etc, at sittings of Court Martial
81: Attendance of clerk, etc, at sitting of Court Martial
1: The Registrar must arrange for the attendance at every sitting of the Court Martial of—
a: a clerk of the Court Martial; and
b: a person responsible for recording or transcribing the proceedings; and
c: if necessary, a competent interpreter.
2: The clerk of the Court Martial must—
a: liaise with the officer in command or the person in control of the place where the court is to sit on matters regarding the provision of administrative support to the court; and
b: perform any other functions or duties that are conferred or imposed on him or her by or under this Act or any other enactment. Delegation by Registrar
82: Registrar may delegate functions, duties, or powers to clerk or other officer of Court Martial
1: The Registrar may, in writing, either generally or particularly, delegate to a clerk or any other officer of the Court Martial appointed under section 79(2)
a: any function, power, or duty delegated to the Registrar by the Chief Judge; and
b: this power of delegation.
2: A delegation—
a:
b: may be made subject to any restrictions and conditions that the Chief Judge 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 Court Martial 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 on him or her directly by this Act and not by delegation.
4: A clerk or any other officer of the Court Martial 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 82(2)(a) repealed 24 October 2019 section 29 Statutes Amendment Act 2019
3: Transitional provisions, repeal, and consequential amendments
Transitional provisions
83: Transitional provision relating to Chief Judge
Despite anything to the contrary in section 12
84: What happens if court-martial has not yet been convened on commencement of this Act
1: This section applies if—
a: proceedings under the 1971 Act have been commenced before the commencement of this Act and have not been completed before that commencement; and
b: before that commencement, the accused elects to be tried by court-martial and does not withdraw that election in the prescribed manner or is otherwise remanded for trial by court-martial; but
c: the court-martial has not been convened before that commencement.
2: If this section applies,—
a: the charge must be referred to the Director of Military Prosecutions; and
b: the accused may be remanded for trial in the Court Martial (as established by this Act); and
c: the charge must then be dealt with in accordance with the 1971 Act (as amended by the Armed Forces Discipline Amendment Act (No 2) 2007
d: sections 117ZF to 117ZI Armed Forces Discipline Amendment Act (No 2) 2007
85: What happens if court-martial has been convened on commencement of this Act
1: This section applies to courts-martial under the 1971 Act—
a: that were convened before the commencement of this Act; and
b: that have not been dissolved before that commencement.
2: Proceedings before courts-martial to which this section applies are to be continued and completed under the 1971 Act as if this Act had not been enacted. Repeal
86: Part 6 of 1971 Act repealed
Part 6 OIC SR 2008/233 2009-07-01 Armed Forces Discipline Act 1971 Consequential amendments
87: Consequential amendments to other enactments
The enactments specified in Schedule 2 OIC SR 2008/233 2009-07-01 Corrections Act 2004 Crimes Act 1961 Crimes of Torture Act 1989 Defamation Act 1992 Electronic Transactions Act 2002 Geneva Conventions Act 1958 Habeas Corpus Act 2001 Judicature Act 1908 Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 Lawyers and Conveyancers Act 2006 Mental Health (Compulsory Assessment and Treatment) Act 1992 Oaths and Declarations Act 1957 Prisoners' and Victims' Claims Act 2005 Remuneration Authority Act 1977 Supreme Court Act 2003 Corrections Regulations 2005 Electoral Regulations 1996 |
DLM968230 | 2007 | Energy (Fuels, Levies, and References) Amendment Act 2007 | 1: Title
This Act is the Energy (Fuels, Levies, and References) Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Act that was previously called the Ministry of Energy (Abolition) Act 1989 RA 2007-09-20 Ministry of Energy (Abolition) Act 1989
4: Title repealed
The Title is repealed.
5: Name of principal Act changed
1: From the commencement of this section,—
a: the Ministry of Energy (Abolition) Act 1989 Energy (Fuels, Levies, and References) Act 1989
b: every reference in an enactment or document to the Ministry of Energy (Abolition) Act 1989 Energy (Fuels, Levies, and References) Act 1989
2: The heading to section 1 Short
3: Section 1(1) may be cited as the Ministry of Energy (Abolition) is the Energy (Fuels, Levies, and References)
6: New section 1A inserted
The following section is inserted after section 1
1A: Act binds the Crown
This Act binds the Crown.
7: Interpretation
1: The definition of energy section 12 (including engine fuel) fuel
2: Section 12 biofuel engine fuel .
8: Regulations
Section 35(1)(b), (c), and (d) engine fuel or refined petroleum products
9: Power of Minister to require information to be supplied as to importation, distribution, or refining of petroleum, or distribution of refined petroleum products
1: The heading to section 36 to be supplied as to importation, distribution, or refining of petroleum, or distribution of refined petroleum products
2: Section 36(1)
a: inserting production, blending, importation, distribution,
b: omitting or the distribution of engine fuel, or
c: inserting engine fuel or price of petroleum or
d: inserting or production or blending of engine fuel or importation or distribution |
DLM968120 | 2007 | Children, Young Persons, and Their Families Amendment Act 2007 | 1: Title
This Act is the Children, Young Persons, and Their Families Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. RA 2007-09-20 Children, Young Persons, and Their Families Act 1989
3: Principal Act amended
This Act amends the Children, Young Persons, and Their Families Act 1989
4: Authority to use facsimile copy of warrant
Section 445B(2)
2: Any District Court Judge, Justice, Community Magistrate, or Registrar (not being a member of the police) may authorise the use of a facsimile copy of a warrant issued under section 39, 40, 122, 157(2), 205(2)(b), or 386
2A: The use of a facsimile copy of a warrant may be authorised when the warrant is issued, or later.
2B: Subsection (2) subsection (3) |
DLM405993 | 2007 | Disabled Persons Employment Promotion Repeal Act 2007 | 1: Title
This Act is the Disabled Persons Employment Promotion Repeal Act 2007.
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Act binds the Crown
This Act binds the Crown.
4: Purpose
The purpose of this Act is to—
a: repeal the Disabled Persons Employment Promotion Act 1960
b: provide for matters arising from the repeal of the Act until the expiry of the transitional period on 30 November 2007.
5: Interpretation
In this Act,— Act Disabled Persons Employment Promotion Act 1960 application for approval section 3 of the Act disabled person section 2 of the Act sheltered workshop section 2 of the Act
2: Repeal of
Disabled Persons Employment Promotion Act 1960
6: Repeal
The Disabled Persons Employment Promotion Act 1960 (1960 No 42) Transitional and savings provisions
7: Approval of organisations
Despite the repeal of the Act, sections 3 to 5 of the Act
8: Exempt organisations
Despite the repeal of the Act, an exemption granted to an organisation listed in Schedule 1 Schedule 2
a: the exemption becoming void and of no effect under section 3(3) of the Act
b: 30 November 2007.
9: Exemption from income tax
Despite the repeal of the Act, any nominal amounts derived by a disabled person from therapeutic activities undertaken in a sheltered workshop must continue to be treated as exempt income for the purpose of section CB 6(a)(i) of the Income Tax Act 1994 section CW 27(1)(d) and section CW 33(1)(d) Section 9 amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
10: Meaning of disabled person and sheltered workshop
1: Despite the repeal of the Act, the terms disabled person sheltered workshop section 2 of the Act
2: This section applies to avoid doubt.
11: Consequential repeal
Section 10(1)(a) |
DLM411497 | 2007 | Appropriation (2007/08 Estimates) Act 2007 | 1: Title
This Act is the Appropriation (2007/08 Estimates) Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Application
This Act (except section 8
4: Purpose
The purpose of this Act is to—
a: authorise the Crown and Offices of Parliament to incur expenses and capital expenditure during the financial year ending with 30 June 2008 by appropriating expenses and capital expenditure for that financial year; and
b: authorise the Crown to incur expenses for more than 1 financial year for certain specified matters by appropriating expenses for more than 1 financial year for those matters; and
c: specify appropriations to which output expenses may be charged against third-party revenue in accordance with section 21
d: set out the net assets for each department (other than an intelligence and security department) and Office of Parliament for the purposes of section 22
e: list appropriations and classes of outputs that are subject to the reporting requirements of section 32A
5: Interpretation
1: In this Act, unless the context otherwise requires,— the Estimates The Estimates of Appropriations for the Government of New Zealand for the Year Ending 30 June 2008 scope shown in the Estimates
a: for each multi-class output expense appropriation under section 6 Reason for Change
i: under the column headed Scope of 2007/08 Appropriations
ii: alongside each of the individual classes of outputs, set out under the column headed Appropriations
b: for each appropriation under section 6 7 Reason for Change
i: under the column headed Scope of 2007/08 Appropriations
ii: alongside the category of output expenses, category of benefits or other unrequited expenses, category of other expenses, category of capital expenditure, or expenses and capital expenditure to be incurred by an intelligence and security department, set out under the column headed Appropriations
c: for each appropriation under section 8 Reason for Change
i: under the column headed Scope of Appropriations
ii: alongside the category of output expenses or category of other expenses, set out under the column headed Appropriations this year
2: In this Act, unless the context otherwise requires, benefit capital expenditure class of outputs Crown department expenses financial year intelligence and security department multi-class output expense appropriation Office of Parliament other expenses output expenses Vote section 2(1)
6: Appropriations for expenses and capital expenditure to be incurred
1: A separate appropriation, in accordance with which the Crown or an Office of Parliament is authorised to incur expenses or capital expenditure, is made for each of—
a: the categories of output expenses set out in column 3 of Schedule 1
b: the categories of benefits or other unrequited expenses set out in column 3 of Schedule 1
c: the categories of other expenses set out in column 3 of Schedule 1
d: the categories of capital expenditure set out in column 3 of Schedule 1
2: Each appropriation provided by subsection (1) is limited to—
a: the amount specified in column 4 of Schedule 1
b: the scope shown in the Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
7: Appropriations administered by intelligence and security departments
1: A separate appropriation, in accordance with which an intelligence and security department is authorised to incur expenses and capital expenditure, is made for each of the expenses and capital expenditure set out in column 3 of Schedule 2
2: Each appropriation provided by subsection (1) is limited to—
a: the amount specified in column 4 of Schedule 2
b: the scope shown in the Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
8: Appropriations applying to more than 1 financial year
1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses, is made for each of—
a: the categories of output expenses set out in column 3 of Schedule 3
b: the categories of other expenses set out in column 3 of Schedule 3
2: Each appropriation provided by subsection (1) is limited to—
a: the period specified in column 4 of Schedule 3
b: the amount specified in column 5 of Schedule 3
c: the scope shown in the Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses that have been incurred—
a: under any Imprest Supply Act passed in relation to this year; and
b: in advance, but within the scope, of one of those appropriations.
9: Expenses incurred pursuant to section 21 of Public Finance Act 1989
The appropriations to which output expenses may be charged under section 21 Schedule 4
10: Confirmation of net assets
For the purposes of section 22 sections 23 26E(1)(b) Schedule 5
a: column 3 shows the most recently projected amount of net assets at the start of this year; and
b: column 8 shows the projected movements in net assets during this year; and
c: column 9 shows the projected balance of net assets at the end of this year.
11: Appropriations and classes of outputs subject to section 32A of Public Finance Act 1989
The appropriations and classes of outputs, or that part of the appropriations and classes of outputs, listed in Schedule 6
a: are appropriations and classes of outputs for which expenses or capital expenditure are to be incurred other than by departments or Offices of Parliament; and
b: are subject to section 32A
12: Repeals
1: The Acts specified in Schedule 7
2: The Appropriation (2004/05 Supplementary Estimates) Act 2005 Schedule 3 |
DLM406421 | 2007 | Minimum Wage Amendment Act 2007 | 1: Title
This Act is the Minimum Wage Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Minimum Wage Act 1983
4: New section 8 substituted
Section 8
8: Minimum wage exemption permit
1: A Labour Inspector may issue a minimum wage exemption permit to a worker if the Inspector is satisfied that—
a: the worker is significantly and demonstrably limited by a disability in carrying out the requirements of his or her work; and
b: any reasonable accommodations that could have been made to facilitate carrying out the requirements of the work have been considered by the employer and the worker; and
c: it is reasonable and appropriate to grant the permit.
2: To avoid doubt, nothing in subsection (1)(b)
3: A permit—
a: comes into force on the date it is issued or any other date as stated in the permit; and
b: remains in force for the period stated in the permit.
4: While a permit remains in force, the rate of wages stated in the permit is taken to be the minimum rate of wages prescribed under this Act for the worker.
5: A Labour Inspector may revoke a permit at any time if the Inspector considers it is no longer reasonable and appropriate for the permit to remain in force.
6: in this section, disability section 21(1)(h) of the Human Rights Act 1993
5: Consequential amendments and revocations
1: Sections 56(1A) 63(6) Employment Relations Act 2000 an under-rate worker's permit a minimum wage exemption permit
2: The Minimum Wage Regulations 1946 (SR 1946/36)
6: Transitional provision for under-rate workers' permits
An under-rate worker's permit granted under the principal Act and in force immediately before the commencement of this Act continues in force and is to be treated as if it had been issued under section 8 |
DLM410228 | 2007 | Sentencing Amendment Act 2007 | 1: Title
This Act is the Sentencing Amendment Act 2007.
2: Commencement
This Act comes into force on a day to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates. Section 2 brought into force 1 October 2007 clause 2 Sentencing Amendment Act 2007 Commencement Order 2007 (SR 2007/254).
3: Principal Act amended
This Act amends the Sentencing Act 2002 OIC SR 2007/254 2007-10-01 ss 1–4, 6(2), 7–11, 13–14, 16–44, 47–48, 49(4), 50–51, 55–58 and the Schedule OIC Sentencing Act 2002
4: Interpretation
1: Section 4(1) home detention
2: Section 4(1) probation area probation area
3: Section 4(1) curfew address curfew period detention conditions section 80C section 80D detention end date home detention residence non-release day post-detention conditions section 80N sentence term sentencing guidelines Sentencing Council Act 2007 short-term sentence section 4(1) of the Parole Act 2002
4: Section 4(2) paragraph (a)
ab: an offender is subject to a sentence of home detention from the date the sentence commences in accordance with section 80W, 80X, or 80Y section 80Z section 80ZG(2)
5: Section 4(2)(b) section 75 or section 76 section 75 section 75, 75A, or 76 section 75A
6: Section 4(2) paragraph (b)
ba: except as provided in paragraph (c) section 75, 75B, or 76
5: New section 6A inserted
Section 5 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
6: Principles of sentencing or otherwise dealing with offenders
1:
2: Section 8(g) , in accordance with the hierarchy of sentences and orders set out in section 10A in the circumstances Section 6(1) repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
7: New heading and section 10A inserted
The following heading and section are inserted after section 10 Hierarchy of sentences and orders
10A: Hierarchy of sentences and orders
1: The hierarchy of sentences and orders set out in subsection (2)
2: The hierarchy of sentences and orders, from the least restrictive to the most restrictive, is as follows:
a: discharge or order to come up for sentence if called on:
b: sentences of a fine and reparation:
c: community-based sentences of community work and supervision:
d: community-based sentences of intensive supervision and community detention:
e: sentence of home detention:
f: sentence of imprisonment.
8: Heading amended
The heading above section 11 sentences of home detention, community-based sentences,
9: Discharge or order to come up for sentence if called on
Section 11(2) a sentence of home detention, a sentence of imprisonment,
10: New sections 15A and 15B inserted
The following sections are inserted after section 15
15A: Sentence of home detention
1: If a court is lawfully entitled under this or any other enactment to impose a sentence of home detention, it may impose a sentence of home detention only if—
a: the court is satisfied that the purpose or purposes for which sentence is being imposed cannot be achieved by any less restrictive sentence or combination of sentences; and
b: the court would otherwise sentence the offender to a short-term sentence of imprisonment.
2: This section is subject to any provision in this or any other enactment that—
a: provides a presumption in favour of or against imposing a sentence of home detention in relation to a particular offence; or
b: requires a court to impose a sentence of imprisonment in relation to a particular offence.
15B: Limitation on sentence of home detention for person under 17 years
1: No court may impose a sentence of home detention on an offender in respect of a particular offence, other than a purely indictable offence, if, at the time of the commission of the offence, the offender was under the age of 17 years.
2: In subsection (1) purely indictable offence section 2(1) of the Summary Proceedings Act 1957 section 6 of that Act
11: New sections 19 and 20 substituted
Sections 19 20
19: Permitted combinations of sentences
1: No court may impose a combination of sentences of different types on an offender in respect of 1 or more offences except as provided in this section.
2: A sentence of reparation may be imposed with any sentence.
3: A sentence of a fine may be imposed with any sentence, but may only be imposed with a sentence of imprisonment in respect of a particular offence if authorised by the enactment specifying the offence.
4: A sentence of supervision may be combined with any sentence except intensive supervision, home detention, or imprisonment.
5: A sentence of community work, subject to section 20(2)
6: A sentence of community detention may be combined with any sentence except home detention or imprisonment.
7: A sentence of intensive supervision may be combined with any sentence except supervision, home detention, or imprisonment.
8: A sentence of home detention may be combined with a sentence of reparation, a fine, or community work.
9: A sentence of imprisonment may be combined with a sentence of reparation or, subject to subsection (3)
20: Guidance on use of combinations of sentences
1: A court may impose a particular combination of sentences on an offender only if satisfied that any of the sentences making up the combination, if imposed alone or in any less restrictive combination, would not be in accordance with—
a: the purpose or purposes for which sentence is imposed; or
b: the application of the principles in section 8
2: A court may only combine a sentence of community work with a sentence of supervision or intensive supervision if satisfied that—
a: a sentence of community work is appropriate; but
b: the offender requires the imposition of standard conditions or any of the special conditions available under a sentence of supervision or intensive supervision to address the causes of his or her offending.
12: New heading and section 21A inserted
Section 12 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
13: Pre-sentence reports
1: Section 26(2) paragraph (e)
e: in the case of a proposed sentence of supervision, intensive supervision, or home detention, recommendations on the appropriate conditions of that sentence:
2: Section 26(2)(f) , intensive supervision, or home detention sentence of supervision
3: Section 26(2)(g) , intensive supervision, or home detention sentence of supervision
4: Section 26(2) paragraph (h)
h: in the case of a proposed sentence of community work,—
i: information regarding the availability of community work of a kind referred to in section 63
ii: recommendations on whether the court should authorise, under section 66A
14: New section 26A inserted
The following section is inserted after section 26
26A: Additional requirements when considering sentence of community detention or home detention
1: If the court has directed a probation officer to provide a pre-sentence report under section 26 subsection (2)
a: the court has indicated that it is considering a sentence of community detention or home detention; or
b: the probation officer intends to recommend a sentence of community detention or home detention.
2: A pre-sentence report to which subsection (1) section 26(2)
a: information regarding the suitability of the proposed curfew address or home detention residence, including the safety and welfare of the occupants of the proposed curfew address or home detention residence; and
b: in the case of a sentence of community detention, confirmation that the offender consents to the conditions of the sentence and the proposed curfew period; and
c: in the case of a sentence of home detention, confirmation that the offender consents to the standard detention conditions and any special conditions recommended by the probation officer or that the court has indicated it is considering imposing.
3: Before completing a report that covers the matters in subsection (2) of this section
a: ensure that every relevant occupant of the proposed curfew address or home detention residence, as the case may be, is aware of the nature of the offender's past and current offending; and
b: tell every relevant occupant that the reason for giving that information is to enable the occupant to make an informed decision about whether to consent to the offender remaining at the curfew address during the curfew period, or at the home detention residence while serving the sentence of home detention, as the case may be; and
c: tell every relevant occupant that the information provided about the offender must not be used for any purpose other than that described in paragraph (b)
d: obtain the consent of every relevant occupant to the offender remaining at the curfew address during the curfew period, or at the home detention residence while serving the sentence of home detention, as the case may be; and
e: inform every relevant occupant that they may withdraw their consent, at any time, to the offender serving the sentence at the curfew address or in the home detention residence, as the case may be.
4: In subsection (3) relevant occupant
a: in relation to a residence that the probation officer is considering as a home detention residence,—
i: if the residence is a family residence, every person of or over the age of 16 who ordinarily lives there; and
ii: in the case of any other residence, every person whom the probation officer identifies as being a relevant occupant for the purposes of subsection (3)
b: in relation to an address that the probation officer is considering as a curfew address,—
i: if the address is a residence, every person referred to in paragraph (a)(i) and (ii)
ii: in the case of any other place, the person or persons whom the probation officer identifies as being authorised to give consent for the purposes of subsection (3)
15: General requirement to give reasons
Section 15 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
16: Power to impose fine instead of imprisonment or community-based sentence
1: The heading to section 39 , sentence of home detention, imprisonment
2: Section 39 subsection (2)
2A: If an enactment provides that a court may sentence an offender to a sentence of home detention but does not provide for a fine, the court may sentence the offender to pay a fine instead of imposing a sentence of home detention.
3: Section 39(3) and (2) , (2), and (2A)
17: Community-based sentences
Section 44
44: Community-based sentences
1: In this Act, community-based sentence
a: a sentence of community work:
b: a sentence of supervision:
c: a sentence of intensive supervision:
d: a sentence of community detention.
2: In sentencing an offender to a community-based sentence, a court may have regard to the potential effect that a particular sentence may have in contributing to the development of an offender's work and living skills.
18: Sentence of supervision
1: Section 45(1) paragraph (a)
ab: the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a sentence of home detention may be imposed on conviction; or
2: Section 45(2) 2 years 1 year
19: Standard conditions of supervision
Section 49 subsection (2)
2: The conditions in subsection (1)(c) to (f)
a: any special conditions imposed by the court; or
b: in the case of an offender who is also subject to a sentence of community detention, any condition of that sentence.
20: Programmes
Section 51 that is not residential in nature the following
21: Other special conditions
1: Section 52(2) paragraph (b)
ba: conditions requiring the offender to undertake training in basic work and living skills:
2: Section 52 subsection (3)
3A: No court may impose a condition under this section that the offender submit to electronic monitoring.
3: Section 52(5) ; but the failure to take the medication may give rise to a ground for variation or cancellation of the sentence of supervision under section 54
22: Variation or cancellation of sentence of supervision
1: Section 54(1)(c) subparagraph (i)
i: the rehabilitation and reintegration of the offender would be advanced by the remission, suspension, or variation of special conditions, or the imposition of additional special conditions; or
2: Section 54(3) paragraph (a)
a: remit, suspend, or vary any special conditions imposed by the court, or impose additional special conditions:
23: Application of section 54 during epidemic
1: Subsection 54A(1)(a) special an order under section 54(3)
2: Section 54A(1)(b) special any probation officer may himself or herself vary the
3: Section 54A(1) ; and
c: a probation officer may vary or suspend any standard conditions of a sentence of supervision.
4: Section 54A(2) subsection (1) subsection (1)(a) or (b)
5: Section 54A
3: Any variation or suspension of a standard condition under subsection (1)(c)
a: the revocation of the epidemic management notice; or
b: the date on which a probation officer rescinds the variation or suspension.
24: New heading and sections 54B to 54L inserted
The following heading and sections are inserted after section 54A Intensive supervision
54B: Sentence of intensive supervision
1: A court may sentence an offender to intensive supervision if—
a: the offender is convicted of an offence punishable by imprisonment; or
b: the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a sentence of home detention may be imposed on conviction; or
c: the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a community-based sentence may be imposed on conviction.
2: The sentence may be for a period, being not less than 6 months and not more than 2 years, that the court thinks fit.
54C: Guidance on use of sentence of intensive supervision
A court may impose a sentence of intensive supervision only if it is satisfied that—
a: a sentence of intensive supervision would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender; and
b: the nature of the offender's rehabilitative or other needs requires the imposition of conditions—
i: for a period longer than 12 months; or
ii: that are not available through the sentence of supervision.
54D: Sentences of intensive supervision in respect of 2 or more offences must be served concurrently
If a court imposes a sentence of intensive supervision in respect of each of 2 or more offences (whether on the same occasion or on different occasions), the sentences must be served concurrently.
54E: Conditions of sentence of intensive supervision
An offender who is sentenced to intensive supervision is subject to—
a: the standard conditions in section 54F
b: any special conditions imposed by the court under section 54G or 54I
54F: Standard conditions of intensive supervision
1: If an offender is sentenced to intensive supervision, the following standard conditions apply:
a: the offender must report in person to a probation officer in the probation area in which the offender resides as soon as practicable, and not later than 72 hours, after the sentence is imposed:
b: the offender must report to a probation officer—
i: at least once in each week during the first 3 months of the sentence and at least once in each month during the remainder of the sentence; and
ii: as and when required to do so by a probation officer:
c: the offender must notify a probation officer of his or her residential address and the nature and place of his or her employment when asked to do so:
d: the offender must not move to a new residential address in another probation area without the prior written consent of a probation officer:
e: if consent is given under paragraph (d)
f: if an offender intends to change his or her residential address within a probation area, the offender must give a probation officer reasonable notice before moving from his or her residential address (unless notification is impossible in the circumstances) and must advise the probation officer of the new address:
g: the offender must not reside at any address at which a probation officer has directed the offender not to reside:
h: the offender must not engage, or continue to engage, in any employment or occupation in which a probation officer has directed the offender not to engage or continue to engage:
i: the offender must not associate with any specified person, or with persons of any specified class, with whom a probation officer has, in writing, directed the offender not to associate:
j: the offender must take part in a rehabilitative and reintegrative needs assessment if and when directed to do so by a probation officer.
2: The conditions in subsection (1)(d) to (g)
a: any special condition imposed by the court; or
b: in the case of an offender who is also subject to a sentence of community detention, any condition of that sentence.
54G: Special conditions related to programmes
A court may impose any special condition or conditions related to a programme if the court is satisfied that—
a: there is a significant risk of further offending by the offender; and
b: standard conditions alone would not adequately reduce that risk; and
c: the offender requires a programme to reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender.
54H: Programmes
For the purposes of section 54G
a: any psychiatric or other counselling or assessment:
b: attendance at any medical, psychological, social, therapeutic, cultural, educational, employment-related, rehabilitative, or reintegrative programme:
c: placement in the care of any appropriate person, persons, or agency approved by the chief executive of the Department of Corrections, such as, and without limitation,—
i: an iwi, hapu, or whanau:
ii: a marae:
iii: an ethnic or cultural group:
iv: a religious group, such as a church or religious order:
v: members or particular members of any of the above.
54I: Other special conditions
1: A court may impose any of the special conditions described in subsection (3)
a: there is a significant risk of further offending by the offender; and
b: standard conditions alone would not adequately reduce that risk; and
c: the imposition of special conditions would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender.
2: A court may only impose a condition of the kind described in subsection (3)(d)
3: The conditions referred to in subsections (1) and (2)
a: any conditions that the court thinks fit relating to the offender's place of residence (which may include a condition that the offender not move residence), finances, or earnings:
b: conditions requiring the offender to take prescription medication:
c: conditions requiring the offender to undertake training in basic work and living skills:
d: a condition requiring the offender to comply with the requirements of judicial monitoring under subpart 2B
e: any other conditions that the court thinks fit to reduce the likelihood of further offending by the offender.
4: No court may impose a condition under this section that—
a: the offender pay any fine, reparation, or other sum ordered to be paid on conviction; or
b: the offender perform any service that he or she could have been required to perform if he or she had been sentenced to community work; or
c: the offender submit to electronic monitoring.
5: No offender may be made subject to a special condition that requires the offender to take prescription medication unless the offender—
a: has been fully advised, by a person who is qualified to prescribe that medication about, nature and likely or intended effect of the medication and any known risks; and
b: consents to taking the prescription medication.
6: An offender does not breach his or her conditions for the purposes of section 70A section 54K
54J: Offender to be under supervision of probation officer
An offender who is subject to a sentence of intensive supervision is under the supervision of a probation officer in the probation area in which the offender resides for the time being, or of any other probation officer that the chief executive of the Department of Corrections may direct.
54K: Variation or cancellation of sentence of intensive supervision
1: An offender who is subject to a sentence of intensive supervision, or a probation officer, may apply, in accordance with section 72 subsection (3) of this section
a: the offender is unable to comply, or has failed to comply, with any of the conditions of the sentence:
b: any programme to which the offender is subject is no longer available or suitable for the offender:
c: having regard to any change in circumstances since the sentence was imposed and to the manner in which the offender has responded to the sentence,—
i: the rehabilitation and reintegration of the offender would be advanced by the remission, suspension, or variation of any special conditions, or the imposition of additional special conditions; or
ii: the continuation of the sentence is no longer necessary in the interests of the community or the offender.
2: A probation officer may apply, in accordance with section 72 subsection (3) of this section
3: On an application under subsection (1) or (2)
a: remit, suspend, or vary any special conditions imposed by the court, or impose additional special conditions:
b: cancel the sentence:
c: cancel the sentence and substitute any other sentence (including another sentence of intensive supervision) that could have been imposed on the offender at the time when the offender was convicted of the offence for which the sentence was imposed.
4: If the court varies a special condition or imposes an additional special condition under subsection (3)(a), section 54I
5: When determining a substitute sentence under subsection (3)(c)
6: If the court cancels a sentence, the sentence expires on the date that the order is made or on any other date that the court may specify.
7: If an application is made under this section for the remission, suspension, or variation of any special condition imposed by the court, a probation officer may suspend the special condition until the application has been heard and disposed of.
54L: Application of
section 54K
1: While an epidemic management notice is in force,—
a: a probation officer who has applied in accordance with section 72 section 54K(3)
b: any probation officer may himself or herself vary the special conditions subject to which a sentence of intensive supervision was imposed by the court on an offender if the offender has applied in accordance with section 72 section 54K(3)
c: a probation officer may vary or suspend any standard conditions of a sentence of intensive supervision.
2: A variation under subsection (1)(a) or (b)
3: Any variation or suspension of a standard condition under subsection (1)(c)
a: the revocation of the epidemic management notice; or
b: the date on which a probation officer rescinds the variation or suspension.
25: Sentence of community work
Section 55(1) paragraph (a)
ab: if the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a sentence of home detention may be imposed on conviction; or
26: Guidance on use of sentence of community work
Section 56(1)(a) to make compensation to the community to be held accountable to the community by making compensation to it
27: Concurrent and cumulative sentences of community work
1: Section 57 subsection (2)
2A: If a court directs that sentences of community work be served cumulatively (whether or not the sentences are imposed at the same time), the total term of the sentences must not be more than 400 hours.
2: Section 57 subsection (3)
3: A sentence of community work must be served concurrently with any sentence of supervision, intensive supervision, community detention, or home detention, whether or not the sentences are imposed at the same time.
28: New section 57A inserted
The following section is inserted after section 57
57A: Court may defer commencement date of sentence of community work
If a court imposes both a sentence of community work and a sentence of either intensive supervision or home detention, the court may defer the commencement of the sentence of community work for a specified period if, in its opinion, deferral is necessary to enable the offender to comply with—
a: in the case of a sentence of intensive supervision, any conditions imposed under section 54F, 54G, or 54I
b: in the case of a sentence of home detention, any conditions imposed under section 80C or 80D
29: Length of sentence of community work
Section 58
58: Length of sentence of community work
1: If the court imposes a sentence of community work of 100 hours or less, that sentence must be served within 6 months of the date that it commences under section 75, 75A, or 76
2: If the court imposes a sentence of community work of more than 100 hours, the offender must serve at least 100 hours in every 6-month period from the date on which the sentence commences until the number of hours imposed under the sentence has been served.
3: Any work done by an offender under a sentence of community work must be treated as having been done under that sentence and under any and each other concurrent sentence of community work that the offender was subject to at the time that the work was done.
30: Authorised work for person sentenced to community work
Section 63(1) ; or
d: at or for any local authority (within the meaning of the Local Government Act 2002
31: New sections 66A to 66D inserted
The following sections are inserted after section 66
66A: Court may authorise hours of work to be converted into training
1: This section applies to sentences of community work of at least 80 hours.
2: A court may, when imposing a sentence of community work, or at any time on application by a probation officer, authorise a probation officer to direct that some of the hours of work ordered to be undertaken be instead spent in training in basic work and living skills.
3: In determining whether to give an authorisation under this section, the court must take account of both—
a: the benefits of skill development to the offender for reducing the likelihood of his or her reoffending; and
b: the need to hold the offender accountable to the community by making compensation to it.
66B: Some hours of work may be converted to training
1: If authorised by the Court under section 66A
2: A probation officer may not give a direction under subsection (1)
a: it is reasonably practicable for the offender to undertake training in basic work and living skills (having regard to the availability of that training in the place where the offender lives); and
b: the offender consents to undertake that training.
3: Any hours spent by the offender training in basic work and living skills under a direction given under subsection (1)
4: Subsection (3) section 66C
66C: Consequences of failing without excuse to complete training
If an offender fails, without reasonable excuse, to complete the number of hours training in basic work and living skills directed under section 66B
a: any hours spent by the offender undertaking that training are not to be treated as hours of authorised community work undertaken by the offender under his or her sentence:
b: the offender must, in addition to the period spent in training, but subject to section 67
66D: When hours of community work not counted
1: If an offender fails to carry out any work under a sentence of community work to the satisfaction of the probation officer, the probation officer may, subject to subsection (2)
2: The number of hours that the probation officer may refuse to treat as work undertaken under the sentence must not exceed 10% of the total number of hours under the sentence.
32: Extension during epidemic of period within which community work must be done
Section 69A(1) total not more than 12 months the
33: New heading and sections 69B to 69M inserted
The following heading and sections are inserted after section 69A Community detention
69B: Sentence of community detention
1: A court may sentence an offender to community detention if—
a: the offender is convicted of an offence punishable by imprisonment; or
b: the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a sentence of home detention may be imposed on conviction; or
c: the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a community-based sentence may be imposed on conviction.
2: The sentence term may be for a period, being no more than 6 months, that the court thinks fit.
3: The court must specify the curfew period and the curfew address when sentencing the offender to a sentence of community detention.
4: Every curfew period specified under subsection (3)
5: An offender is not in custody during the curfew period.
69C: Guidance on use of sentence of community detention
1: A court may impose a sentence of community detention if the court is satisfied—
a: that a sentence of community detention—
i: would reduce the likelihood of further offending by restricting the offender's movements during specified periods, including, but not limited to, offending of a particular type or at a particular time; or
ii: would achieve 1 or more of the purposes set out in section 7(1)(a), (b), (e), or (f)
b: that an electronically monitored curfew is appropriate, taking into account the nature and the seriousness of the offence and the circumstances and the background of the offender.
2: A court may sentence an offender to community detention if—
a: the court is satisfied that—
i: the proposed curfew address is suitable; and
ii: the relevant occupants (as defined in section 26A(4)
A: understand the conditions of the curfew that will apply to the offender; and
B: consent to the offender remaining at the address in accordance with the curfew; and
C: have been informed that they may withdraw their consent, at any time, to the offender serving the sentence at the curfew address; and
iii: the offender has been made aware of and understands all the conditions that will apply during the sentence and he or she agrees to comply with them; and
b: the proposed curfew address is in an area in which a community detention scheme is operated by the chief executive of the Department of Corrections.
69D: Concurrent and cumulative sentences of community detention
1: If a court imposes a sentence of community detention on an offender who is already subject to a sentence of community detention, the sentences must be served concurrently unless the court directs that they are to be served cumulatively.
2: If a court imposes cumulative sentences of community detention or imposes 1 or more sentences of community detention on an offender who is already serving a sentence of community detention, the total term of the sentences of community detention must not be more than 6 months.
3: If a court imposes a sentence of community work and a sentence of community detention, or imposes one of them on an offender who is already subject to the other, the sentences must be served concurrently.
69E: Conditions of community detention during sentence term
1: An offender sentenced to community detention is subject to the following conditions during the sentence term:
a: during the curfew period—
i: the offender must not, at any time, leave the curfew address except in the circumstances set out in subsection (2)
ii: the offender is under the supervision of a probation officer and must co-operate with the probation officer and comply with any lawful direction given by that probation officer:
b: the offender must report in person to a probation officer in the probation area in which the offender resides as soon as practicable, and not later than 24 hours, after the sentence is imposed, unless the 24 hours elapses on a weekend or a public holiday, in which case the offender must report on the next working day:
c: the offender must report to a probation officer as and when required to do so by the probation officer, and must notify the probation officer of his or her residential address, any change to that address, and the nature and place of his or her employment when asked to do so:
d: the offender must keep in his or her possession the curfew order drawn up under section 74
e: the offender must, when required to do so by a probation officer, submit to the electronic monitoring of compliance with the conditions of his or her sentence, which may require the offender to be connected to electronic monitoring equipment throughout the sentence term and not just throughout the curfew period.
2: An offender may leave the curfew address during the curfew period only—
a: to seek urgent medical or dental treatment; or
b: to avoid or minimise a serious risk of death or injury to the offender or any other person; or
c: with the approval of a probation officer—
i: to seek or engage in employment; or
ii: to attend training or other rehabilitative or reintegrative activities or programmes; or
iii: to attend a restorative justice conference or other process relating to the offender's offending; or
iv: to carry out any undertaking arising from any restorative justice process; or
d: with the approval of a probation officer and subject to any conditions imposed by the probation officer, on humanitarian grounds.
3: A probation officer may only give an approval under subsection (2)(c)
4: A probation officer may approve an alternative curfew address under section 69K section 69I
69F: Electronic monitoring
1: The purpose of an electronic monitoring condition imposed as a condition under section 69E(1)(e)
2: Information about an offender that is obtained through electronic monitoring, may be used only for the purposes referred to in subsection (1)
a: to verify compliance with the condition that the offender remain at the curfew address during the curfew period:
b: to detect non-compliance with that condition:
c: to provide evidence of non-compliance with that condition and the commission of offences during the curfew period:
d: to verify that the offender has not tampered or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately.
3: Information may be collected during the whole of the sentence term but may be used only if it was collected for 1 or more of the purposes set out in this section and, except for information collected for the purpose in subsection (2)(d)
4: Any information obtained by electronic monitoring outside the curfew period must be destroyed as soon as practicable.
69G: Offence to breach conditions of community detention
An offender commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,500, who—
a: fails, without reasonable excuse, to comply with any condition of a sentence of community detention; or
b: fails, without reasonable excuse, to report when required to do so under section 78 or 80
69H: Offence to refuse entry to community detention curfew address
1: Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000, who refuses or fails, without reasonable excuse, to allow a probation officer, who has identified himself or herself, to enter into the curfew address if the offender is required to be at the address at the time that the probation officer seeks entry.
2: Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000, who refuses or fails, without reasonable excuse, to allow an authorised person to enter into the curfew address for the purpose of servicing or inspecting any equipment used in the electronic monitoring of the offender's compliance with the condition that the offender remain at the curfew address during the curfew period (whether or not the offender is required to be at the curfew address at the time).
3: For the purposes of subsection (2) authorised person
a: is a probation officer and has identified himself or herself; or
b: accompanies a person described in paragraph (a)
c: is authorised in writing by a probation officer and has produced that written authority to an occupant of the residence.
69I: Variation or cancellation of sentence of community detention
1: An offender who is subject to a sentence of community detention, or a probation officer, may apply, in accordance with section 72 subsection (3)
a: the offender is unable to comply, or has failed to comply, with any conditions of the sentence; or
b: the curfew address is no longer available or suitable because of a change in circumstances; or
c: having regard to any changes in circumstances since the sentence was imposed and to the manner in which the offender has responded to the sentence,—
i: the rehabilitation and reintegration of the offender would be advanced by the suspension or variation of the curfew period; or
ii: the continuation of the sentence is no longer necessary in the interests of the community or the offender.
2: A probation officer may apply for an order under subsection (3)
3: On an application under subsection (1) or (2)
a: suspend or vary the curfew period; or
b: vary the curfew address; or
c: cancel the sentence; or
d: cancel the sentence and substitute any other sentence (including another sentence of community detention) that could have been imposed on the offender at the time that the offender was convicted of the offence for which the sentence was imposed.
4: When determining a substitute sentence to be imposed under subsection (3)(d)
5: If the court cancels the sentence, the sentence expires on the date that the order is made or on any other date that the court may specify.
6: If an application is made under this section for the suspension or variation of the curfew period, a probation officer may suspend the curfew period until the application has been heard and disposed of.
69J: Application of
section 69I
1: While an epidemic management notice is in force,—
a: a probation officer who has applied in accordance with section 72 section 69I(3)
b: any probation officer may himself or herself vary the curfew period subject to which a sentence of community detention was imposed by the court on an offender if the offender has applied in accordance with section 72 section 69I(3)
c: a probation officer may vary or suspend any conditions of a sentence of community detention.
2: A variation under subsection (1)(a) or (b)
3: Any variation or suspension of a condition under subsection (1)(c)
a: the revocation of the epidemic management notice; or
b: the date on which a probation officer rescinds the variation or suspension.
69K: Alternative curfew address pending determination of application under
section 69I
1: This section applies if a probation officer or an offender who is subject to a sentence of community detention intends to apply, or has applied, for a variation of conditions under section 69I section 69I(1)(b)
2: A probation officer may approve an alternative curfew address at which the offender must remain during the curfew period pending the determination of an application.
3: If a probation officer approves an alternative curfew address before an application under section 69I
4: Subsection (3) section 69I subsection (3)
5: If, in the opinion of the probation officer, there is no suitable alternative curfew address available and the probation officer has not made an application under section 69I
69L: When sentence ends on non-release day
If the last day of an offender's sentence of community detention falls on a non-release day, the offender ceases to be subject to the sentence on the nearest preceding day that is not a non-release day.
69M: Community detention does not affect entitlements under
Social Security Act 1964 The fact that a person is serving a sentence of community detention does not, of itself, affect any entitlement the person may have under the Social Security Act 1964
34: New section 70A inserted
The following section is inserted after section 70
70A: Offence to breach conditions of intensive supervision
An offender commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,500, who—
a: fails, without reasonable excuse, to comply with any condition of a sentence of intensive supervision; or
b: fails, without reasonable excuse, to report when required to do so under section 78 or 80
35: Offences relating to breach of sentence of community work
Section 71(1)(d) or 69A section 69
36: Jurisdiction and procedure
1: Section 72(1) or section 68 , 54K, 68, or 69I
2: Section 72(3) or section 68 , 54K, 68, or 69I
37: Order must be drawn up and copy given to offender, etc
Section 74 subsection (3)
3A: If the community-based sentence is a sentence of community detention, then, in addition to the information required to be included in the order under subsection (3)
a: the sentence term; and
b: the curfew period: and
c: the conditions that apply, including those that apply for the duration of the sentence term and those that only apply during the curfew period.
38: Commencement of community-based sentences
1: Section 75(2)(a) the remainder of this section sections 75A and 75B
2: Section 75 subsection (2)
2A: If the commencement date of a sentence of community work is deferred under section 57A
3: Section 75 subsections (3) to (8)
39: New sections 75A and 75B inserted
The following sections are inserted after section 75
75A: Commencement of cumulative sentences of community work
1: If a sentence of community work is imposed cumulatively on another sentence of community work imposed at the same time,—
a: at least 1 of the sentences must commence on the day that sentence is imposed; and
b: the commencement date for the subsequent sentence is the date of the completion of the hours of community work under the first sentence of community work to be served.
2: If a sentence of community work is imposed cumulatively on another sentence of community work to which the offender is already subject, the commencement date for the subsequent sentence is the date of the completion of the hours of community work under the first sentence of community work to be served.
3: To avoid doubt, if a sentence of community work is imposed cumulatively on another sentence of community work, hours of work done under either of the sentences on the date referred to in subsections (1)(b) or (2)
4: If a sentence of community work is imposed cumulatively on another sentence of community work (the first sentence), whether or not imposed at the same time, and the first sentence is subsequently quashed,—
a: the commencement date for the subsequent sentence is the date on which the subsequent sentence was imposed; and
b: any hours of work completed under the quashed sentence must be treated as having been done under the subsequent sentence.
5: If a sentence of community work is imposed cumulatively on another sentence of community work (the first sentence
a: the commencement date for the subsequent sentence is the date on which the first sentence was cancelled; and
b: to avoid doubt, any hours of work completed under the cancelled sentence must not be treated as having been done under the subsequent sentence.
6: A sentence of community work expires on the date that the offender completes the hours of work required under the sentence (taking into account any hours remitted under section 67 section 58 section 69 or 69A
75B: Commencement of cumulative sentences of community detention
1: If a sentence of community detention is imposed cumulatively on another sentence of community detention imposed at the same time,—
a: at least 1 of the sentences must commence on the day that sentence is imposed; and
b: the commencement date for the subsequent sentence is the date of the completion of the term of community detention under the first sentence of community detention to be served.
2: If a sentence of community detention is imposed cumulatively on another sentence of community detention to which the offender is already subject, the commencement date for the subsequent sentence is the date of the completion of the term of community detention under the first sentence of community detention to be served.
3: To avoid doubt, if a sentence of community detention is imposed cumulatively on another sentence of community detention, any period during which the offender was subject to either of the sentences referred to in subsections (1)(b) or (2)
4: If a sentence of community detention is imposed cumulatively on another sentence of community detention (the first sentence
a: the commencement date for the subsequent sentence is the date on which the subsequent sentence was imposed; and
b: any period during which the offender was subject to the quashed sentence must be treated as having been served under the subsequent sentence.
5: If a sentence of community detention is imposed cumulatively on another sentence of community detention (the first sentence
a: the commencement date for the subsequent sentence is the date on which the first sentence was cancelled; and
b: to avoid doubt, any period during which the offender was subject to the cancelled sentence must not be treated as having been served under the subsequent sentence.
40: Commencement of community-based sentence after temporary surrender under
Extradition Act 1999 Section 76 subsection (3)
3: Except as provided in subsection (3A)
3A: An offender who is sentenced to community detention must report within 24 hours, unless the 24 hours elapses on a weekend or public holiday, in which case the offender must report on the next working day.
41: Effect of subsequent sentence of imprisonment
1: Section 78(4) or 54I(3)(b) section 52(2)(b)
2: Section 78(5) paragraphs (a) (b)
a: except as provided in paragraph (b)
b: an offender who is sentenced to community detention must report within 24 hours after being released from detention, unless the 24 hours elapses on a weekend or public holiday, in which case the offender must report on the next working day; and
c: the sentence does not resume until the offender has reported to a probation officer as required by paragraphs (a) or (b)
42: Period of suspension not counted towards sentence
Section 79
3: No period during which a sentence of intensive supervision is suspended under section 78(2) or (7) section 54B(2)
4: No period during which a sentence of community detention is suspended under section 78(2) or (7) section 69B(2)
43: Resumption of community-based sentence if sentence of imprisonment quashed
Section 80(3) paragraphs (a) (b)
a: except as provided in paragraph (b)
b: an offender who is sentenced to community detention must report within 24 hours after being released from detention, unless the 24 hours elapses on a weekend or public holiday, in which case the offender must report on the next working day; and
c: the sentence resumes when the offender has reported as required by paragraphs (a) or (b)
44: New subparts 2A and 2B inserted
The following subparts are inserted after section 80
Subpart 2A: Home detention
80A: Sentence of home detention
1: A court may sentence an offender to a sentence of home detention if—
a: the offender is convicted of an offence punishable by imprisonment; or
b: the offender is convicted of an offence and the enactment prescribing the offence expressly provides that a sentence of home detention may be imposed on conviction.
2: A court may sentence an offender to home detention under subsection (1)
a: the court is satisfied that—
i: the proposed home detention residence is suitable; and
ii: the relevant occupants (as defined in section 26A(4)
A: understand the conditions of home detention that will apply to the offender; and
B: consent to the offender serving the sentence in the residence in accordance with those conditions; and
C: have been informed that they may withdraw their consent to the offender serving the sentence in the residence at any time; and
iii: the offender has been made aware of and understands the conditions that will apply during home detention, and he or she agrees to comply with them; and
b: the proposed home detention residence is in an area in which a home detention scheme is operated by the chief executive of the Department of Corrections.
3: A sentence of home detention may be for such period as the court thinks fit, but must not be for less than 14 days or more than 12 months.
4: The court must specify the home detention residence when sentencing the offender to a sentence of home detention.
5: An offender sentenced to home detention is not in custody while serving the sentence.
6: This section is subject to section 80B
80B: Concurrent and cumulative sentences of home detention
1: If a court imposes a sentence of home detention on an offender who is already subject to a sentence of home detention, the sentences must be served concurrently unless the court directs that they are to be served cumulatively.
2: If a court imposes cumulative sentences of home detention or imposes 1 or more sentences of home detention on an offender who is already serving a sentence of home detention, the total term of the sentences of home detention must not be more than 12 months.
3: Before deciding to impose 2 or more sentences of home detention cumulatively or concurrently, the court must consider the guidance under sections 84 and 85
4: Subject to section 57A
80C: Detention conditions applying to offender sentenced to home detention
1: An offender who is serving a sentence of home detention is subject to detention conditions comprising—
a: the standard conditions set out in subsection (2)
b: any special conditions that may be imposed by the court under section 80D
2: The standard conditions for a sentence of home detention are that—
a: the offender is under the supervision of a probation officer and must co-operate with the probation officer and comply with any lawful direction given by that probation officer; and
b: the offender must not leave the home detention residence at any time except in the circumstances set out in subsections (3), (4), and (5)
c: the offender must keep in his or her possession the order drawn up under section 80ZC
d: the offender must, when required by a probation officer, submit to the electronic monitoring of compliance with his or her detention conditions; and
e: the offender must not engage, or continue to engage, in any employment or occupation in which a probation officer has directed the offender not to engage or continue to engage; and
f: the offender must not associate with any specified person, or with persons of any specified class, with whom a probation officer has, in writing, directed the offender not to associate; and
g: the offender must take part in a rehabilitative and reintegrative needs assessment if and when directed to do so by a probation officer.
3: An offender may leave the home detention residence only—
a: to seek urgent medical or dental treatment; or
b: to avoid or minimise a serious risk of death or injury to the offender or any other person; or
c: with the approval of a probation officer—
i: to comply with any special condition; or
ii: to seek or engage in employment; or
iii: to attend training or other rehabilitative or reintegrative activities or programmes; or
iv: to attend a restorative justice conference or other process relating to the offender's offending; or
v: to carry out any undertaking arising from any restorative justice process; or
vi: for any other purpose specifically approved by the probation officer.
4: A probation officer may approve an alternative residence under section 80H section 80F
5: In addition to absences authorised under subsection (3)
6: For the purposes of subsection (5)
a: three quarters of the longest of any concurrent sentences of home detention imposed on the offender; or
b: three quarters of the notional single sentence of home detention that is created when sentences of home detention are ordered to be served concurrently or cumulatively.
80D: Special conditions of sentence of home detention
1: In addition to the standard conditions that apply under section 80C subsections (2), (3), and (7) subsection (4)
2: A court may impose any of the special conditions described in subsection (4)
a: there is a significant risk of further offending by the offender; and
b: standard conditions alone would not adequately reduce the risk; and
c: the imposition of special conditions would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender.
3: A court may only impose a condition of the kind described in subsection (4)(d)
4: The special conditions referred to in subsection (1) or (2)
a: any conditions that the court thinks fit relating to the offender's finances or earnings:
b: conditions requiring the offender to take prescription medication:
c: conditions relating to a programme:
d: a condition requiring the offender to comply with the requirements of judicial monitoring under subpart 2B
e: any other conditions that the court thinks fit to reduce the likelihood of further offending by the offender.
5: For the purposes of subsection (4) programme section 54H
6: No court may impose a condition under this section that—
a: the offender pay any fine, reparation, or other sum ordered to be paid on conviction; or
b: the offender perform any service that he or she could have been required to perform if he or she had been sentenced to community work.
7: No offender may be made subject to a special condition that requires the offender to take prescription medication unless the offender—
a: has been fully advised, by a person who is qualified to prescribe that medication, about the nature and likely or intended effect of the medication and any known risks; and
b: consents to taking the prescription medication.
8: An offender does not breach his or her detention conditions for the purposes of section 80S section 80F
80E: Electronic monitoring
1: The purpose of an electronic monitoring condition is to deter the offender from breaching conditions that relate to his or her whereabouts, and to monitor compliance with those conditions.
2: Information about an offender that is obtained through electronic monitoring may be used both for the purposes referred to in subsection (1)
a: to verify compliance with any detention conditions:
b: to detect non-compliance with any detention conditions and the commission of offences:
c: to provide evidence of non-compliance with detention conditions and the commission of offences:
d: to verify that the offender has not tampered or otherwise interfered with the ability of the electronic monitoring equipment to operate effectively and accurately.
80F: Application for variation or cancellation of sentence of home detention
1: An offender who is subject to a sentence of home detention, or a probation officer, may apply for an order under subsection (4)
a: the offender is unable to comply, or has failed to comply, with any detention conditions:
b: any programme to which the offender is subject is no longer available or suitable for the offender:
c: the home detention residence is no longer available or suitable because of a change in circumstances:
d: having regard to any changes in circumstances since the sentence was imposed and to the manner in which the offender has responded to the sentence,—
i: the rehabilitation and reintegration of the offender would be advanced by the remission, suspension, or variation of any special conditions, or the imposition of additional special conditions; or
ii: the continuation of the sentence is no longer necessary in the interests of the community or the offender.
2: A probation officer may apply for an order under subsection (4)
3: If an offender is subject to special detention conditions in relation to 2 or more sentences of home detention at the same time, a probation officer must apply for an order under subsection (4)(a)
a: any of the special conditions are incompatible with each other; or
b: in light of all the conditions to which the offender is subject under the sentences, it is unreasonable to expect the offender to comply with 1 or more of the special conditions.
4: On an application under subsection (1), (2), or (3)
a: remit, suspend, or vary any special conditions imposed by the court, or impose additional special conditions; or
b: vary the home detention residence; or
c: cancel the sentence; or
d: cancel the sentence and substitute any other sentence (including another sentence of home detention) that could have been imposed on the offender at the time that the offender was convicted of the offence for which the sentence was imposed.
5: An application under subsection (1), (2), or (3)
6: Section 72
80G: Matters relating to orders under
section 80F
1: If the court cancels a sentence of home detention under section 80F(4)(d)
2: When determining a substitute sentence under section 80F(4)(d)
3: If the court varies a special condition or imposes a new special condition under section 80F(4)(a), section 80D
4: If the court cancels the sentence, the sentence expires on the date that the order is made or on any other date that the court may specify.
5: If an application is made under section 80F
80H: Alternative residence pending determination of application under
section 80F
1: This section applies if a probation officer or an offender who is subject to a sentence of home detention intends to apply, or has applied, for a variation of conditions under section 80F section 80F(1)(c)
2: A probation officer may approve an alternative residence in which the sentence of home detention must be served pending the determination of an application.
3: If a probation officer approves an alternative residence before an application under section 80F
4: Subsection (3) section 80F subsection (3)
5: If, in the opinion of the probation officer, there is no suitable alternative residence available and the probation officer has not made an application under section 80F
80I: Leave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention in certain cases
1: This section applies if—
a: a court has sentenced an offender to a short-term sentence of imprisonment; and
b: at the time of sentencing, the court would have sentenced the offender to a sentence of home detention if a suitable residence had been available.
2: At the time of sentencing, the court must make an order granting the offender leave to apply to the court of first instance for cancellation of the sentence of imprisonment and substitution of a sentence of home detention if the offender finds a suitable residence at a later date.
80J: Appeal against order granting leave to apply for cancellation of sentence of imprisonment and substitution of sentence of home detention
1: This section applies for the purposes of filing and determining any appeal against an order granting leave, or a refusal of the court to grant leave, under section 801 or 80K(7)
2: For the purposes of Part 4 of the Summary Proceedings Act 1957 Part 13 of the Crimes Act 1961 section 801 or 80K(7)
80K: Application for cancellation of sentence of imprisonment and substitution of sentence of home detention
1: An offender who is subject to a short-term sentence of imprisonment and who has leave to apply for cancellation of a sentence of imprisonment and substitution of a sentence of home detention under section 80I
2: An application must be served as soon as practicable on the chief executive of the Department of Corrections.
3: An application must be accompanied by a pre-sentence report updated in accordance with section 80L
4: On application under subsection (1) section 80A(2)
5: A sentence of home detention substituted under subsection (4)
6: When substituting a sentence of home detention, the court must take into account the portion of the original sentence that remains unserved at the time of the order.
7: If the court does not substitute a sentence of home detention, the court—
a: must reconsider the issue of leave to apply for cancellation of the sentence of imprisonment and substitution of a sentence of home detention; and
b: may make a further order granting the offender leave to apply to the court at any time for cancellation of the sentence of imprisonment and substitution of a sentence of home detention.
8: A sentence of imprisonment that is cancelled under this section is a custodial sentence for the purposes of any other enactment.
80L: Updated pre-sentence report
1: An offender subject to a sentence of imprisonment who makes an application for substitution of a sentence of home detention under section 80K
2: If an offender agrees to a probation officer updating the offender's pre-sentence report under subsection (1) section 26A
80M: Appeals in respect of substituted sentences
1: This section applies if a court orders—
a: cancellation of a sentence of home detention and substitution of another sentence under section 80F
b: cancellation of a sentence of imprisonment and substitution of a sentence of home detention under section 80K
2: For the purposes of any appeal or application for leave to appeal against the substituted sentence,—
a: a sentence substituted for a sentence imposed on the conviction of the offender on indictment is deemed to be a sentence imposed on the conviction of the offender on indictment; and
b: a sentence substituted for a sentence imposed on the offender on the determination of an information in a District Court is deemed to be a sentence imposed on the determination of an information against the offender in a District Court.
80N: Imposition of post-detention conditions on offender
1: A court that sentences an offender to a term of home detention of 6 months or less may impose the standard post-detention conditions and any special post-detention conditions on the offender and, if it does so, must specify when the conditions expire.
2: If a court sentences an offender to a term of home detention of more than 6 months,—
a: the standard post-detention conditions apply to the offender for a period of 12 months from the detention end date, unless the court specifies otherwise; and sections 80Q, 80R, and 80U
b: the court may, at the same time, impose any special post-detention conditions on the offender and, if it does so, must specify when the conditions expire.
3: The court may specify that post-detention conditions imposed under this section expire on a date that is a specified period of at least 6 months, but no more than 12 months, from the detention end date.
4: If the court imposes special post-detention conditions on the offender, the special post-detention conditions may apply for as long as, but not longer than, the standard post-detention conditions that apply to the offender.
5: If the court sentences the offender to more than 1 sentence of home detention on the same occasion,—
a: only 1 order under this section may be made; and
b: that order applies in respect of all the sentences of home detention imposed on that occasion.
80O: Standard post-detention conditions
The standard post-detention conditions of a sentence of home detention are the following:
a: the offender must report to a probation officer as and when required to do so by a probation officer and must notify the probation officer of his or her residential address and the nature and place of his or her employment when asked to do so:
b: the offender must not move to a new residential address in another probation area without the prior written consent of the probation officer:
c: if consent is given under paragraph (b)
d: if an offender intends to change his or her residential address within a probation area, the offender must give the probation officer reasonable notice before moving from his or her residential address (unless notification is impossible in the circumstances) and must advise the probation officer of the new address:
e: the offender must not reside at any address at which a probation officer has directed the offender not to reside:
f: the offender must not engage, or continue to engage, in any employment or occupation in which the probation officer has directed the offender not to engage or continue to engage:
g: the offender must not associate with any specified person, or with persons of any specified class, with whom the probation officer has, in writing, directed the offender not to associate:
h: the offender must take part in a rehabilitative and reintegrative needs assessment if and when directed to do so by a probation officer.
80P: Special post-detention conditions
1: A court may impose any of the special post-detention conditions described in subsection (2)
a: there is a significant risk of further offending by the offender; and
b: standard conditions alone would not adequately reduce that risk; and
c: the imposition of special conditions would reduce the likelihood of further offending by the offender through the rehabilitation and reintegration of the offender.
2: The special post-detention conditions are the following—
a: any conditions that the court thinks fit relating to the offender's place of residence (which may include a condition that the offender not move residence), finances, or earnings:
b: conditions requiring the offender to take prescription medication:
c: conditions relating to a programme:
d: any other conditions that the court thinks fit to reduce the likelihood of further offending by the offender.
3: For the purposes of subsection (2) programme section 54H
4: No court may impose a special post-detention condition that the offender submit to electronic monitoring.
5: No offender may be made subject to a special post-detention condition that requires the offender to take prescription medication unless the offender—
a: has been fully advised, by a person who is qualified to prescribe that medication, about the nature and likely or intended effect of the medication and any known risks; and
b: consents to taking the prescription medication.
80Q: Review of post-detention conditions if conditions incompatible
1: This section applies if—
a: an offender is, at the same time, subject to post-detention conditions imposed under 2 or more orders made under section 80N
b: a probation officer is satisfied that—
i: any special condition to which the offender is subject under any of the orders is incompatible with any other special condition to which the offender is subject under any other of the orders; or
ii: in light of all the conditions to which the offender is subject under the orders, it is unreasonable to expect the offender to comply with 1 or more of the special conditions.
2: The probation officer must apply for a review of the conditions to which the offender is subject under the orders made under section 80N
3: Section 80R
80R: Variation or discharge of post-detention conditions
1: An offender who is subject to post-detention conditions imposed under section 80N subsection (3)
2: Section 72
3: On an application under subsection (1)
a: suspend or vary any condition, or impose any additional conditions described in section 80N
b: discharge a condition and substitute any other condition described in section 80N
4: If the court varies a special condition or imposes an additional special condition under subsection (3), section 80P
5: If an application is made under this section for the suspension, variation, or discharge of any condition, a probation officer may suspend the condition until the application has been heard and disposed of.
80S: Offence to breach detention conditions
An offender commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $2,000, who—
a: breaches, without reasonable excuse, any detention conditions of a sentence of home detention; or
b: fails to report when required to do so under section 80ZG
80T: Offence to refuse entry to home detention residence
1: Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000, who refuses or fails, without reasonable excuse, to allow a probation officer, who has identified himself or herself, to enter into the home detention residence if the offender is required to be at the residence at the time that the probation officer seeks entry.
2: Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000, who refuses or fails, without reasonable excuse, to allow an authorised person to enter into the home detention residence for the purpose of servicing or inspecting any equipment used in the electronic monitoring of the offender's compliance with the sentence of home detention (whether or not the offender is required to be at the home detention residence at the time).
3: For the purposes of subsection (2) authorised person
a: is a probation officer and has identified himself or herself; or
b: accompanies a person described in paragraph (a)
c: is authorised in writing by a probation officer and has produced that written authority to an occupant of the residence.
80U: Offence to breach post-detention conditions
1: An offender commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,500, who breaches, without reasonable excuse, any post-detention conditions imposed under section 80N or 80R
2: In the case of a condition of the kind referred to in section 80P(2)(b)
80V: Arrest without warrant for breach of detention or post-detention conditions
Any member of the police or any probation officer may arrest, without warrant, an offender who the member or officer has reasonable grounds to believe has breached any of his or her detention conditions or post-detention conditions.
80W: Court may defer start date of sentence of home detention
1: The court may defer the start date of a sentence of home detention for a specified period of up to 2 months—
a: on humanitarian grounds; or
b: if the court is satisfied that it is in the interests of justice to defer the start of the sentence of home detention.
2: If a sentence of home detention is deferred in accordance with subsection (1)
3: Despite subsection (1)
a: the sentence of home detention is imposed cumulatively on any other sentence of home detention; or
b: the sentence of home detention is imposed in substitution for a sentence of home detention or imprisonment that has been quashed or set aside; or
c: an order under this section has already been made in respect of the sentence; or
d: the offender has already commenced serving the sentence or is detained under any other sentence or order.
80X: Commencement of sentence of home detention
1: A sentence of home detention commences on the day it is imposed unless the start date of the sentence is deferred under section 80W
2: Subsection (1)
a: subject to the remainder of this section; and
b: regardless of whether or not the sentence is imposed in substitution for another sentence.
3: If a sentence of home detention is imposed cumulatively on another sentence of home detention imposed at the same time,—
a: at least 1 of the sentences must commence on the day that the sentence is imposed or to which the start date has been deferred under section 80W
b: the commencement date for the subsequent sentence is the detention end date of the first sentence.
4: If a sentence of home detention is imposed cumulatively on another sentence of home detention (the first sentence
5: If a sentence of home detention is imposed cumulatively on another sentence of home detention (the first sentence
a: the commencement date for the subsequent sentence is the date on which the subsequent sentence was imposed; and
b: any time served under the quashed sentence must be treated as having been served under the subsequent sentence.
6: If a sentence of home detention is imposed cumulatively on another sentence of home detention (the first sentence
a: the commencement date for the subsequent sentence is the date on which the first sentence was cancelled; and
b: any time served under the cancelled sentence must not be treated as having been served under the subsequent sentence.
80Y: Commencement of sentence of home detention after temporary surrender under
Extradition Act 1999
1: This section applies if an offender is temporarily surrendered to New Zealand under the Extradition Act 1999
a: is convicted and sentenced under this Act to a sentence of home detention; and
b: is required to be returned in accordance with section 66(2) of the Extradition Act 1999
2: Unless the court otherwise directs, the sentence imposed does not commence until the offender has reported to a probation officer after being returned to New Zealand.
3: An offender to whom this section applies must—
a: advise a probation officer as soon as possible of any change in circumstances affecting the availability or suitability of the home detention residence before he or she commences the sentence; and
b: report to a probation officer within 72 hours of the offender's arrival in New Zealand.
4: This section applies despite any other provisions in this Act.
80Z: When home detention ends
1: An offender ceases to be subject to a sentence of home detention when—
a: the offender reaches his or her detention end date; or
b: a court cancels the sentence of home detention.
2: If the offender's detention end date falls on a non-release day, the offender ceases to be subject to detention conditions on the nearest preceding day that is not a non-release day.
80ZA: When detention conditions suspended
The detention conditions of an offender serving a sentence of home detention are suspended during any period that the offender spends in custody under a court order (for example, on remand), but time continues to run during any period that they are suspended.
80ZB: Time ceases to run in certain circumstances
For the purpose of calculating how much time an offender who is subject to a sentence of home detention has served, time ceases to run on the sentence during any period—
a: between the date on which an application for a variation or cancellation of the sentence under section 80F
i: the date on which the offender is next taken into custody; and
ii: the date on which the offender resumes serving his or her sentence in accordance with his or her detention conditions; or
b: in which an offender is released on bail pending an appeal.
80ZC: Order must be drawn up
1: If a court imposes a sentence of home detention on an offender, the particulars of the sentence must be drawn up in the form of an order.
2: A copy of the order must be given to the offender before he or she leaves the court wherever practicable.
3: The order must include information regarding—
a: the nature of the sentence; and
b: the start date and the term of the sentence; and
c: the detention conditions that apply to the offender while he or she is serving the sentence; and
d: the post-detention conditions (if any) that apply and the period for which those conditions apply; and
e: the obligations to comply with the instructions of a probation officer and the terms of the sentence; and
f: the consequences of non-compliance with the terms of the sentence; and
g: the statutory provisions under which the sentence may be varied or cancelled.
4: For the purposes of subsection (1)
5: If it is not practicable to give a copy of the order to the offender before the offender leaves the court, a copy must be given to the offender in person as soon as practicable after the offender leaves the court.
6: A copy of the order must be given to the chief executive of the Department of Corrections as soon as possible, but no later than 24 hours, after it has been drawn up.
80ZD: Offender must be given copy of new or amended order
If an offender's detention conditions or post-detention conditions are varied or discharged, the offender must be given a copy of the new or amended order that shows the conditions as varied or discharged, and the provisions of this section and section 80ZC
80ZE: Home detention does not affect entitlements under
Social Security Act 1964 The fact that a person is serving a sentence of home detention does not, of itself, affect any entitlement the person may have under the Social Security Act 1964
80ZF: Application of
Injury Prevention, Rehabilitation, and Compensation Act 2001 When an offender performs any service or does any work or attends any assessment, course, or programme for the purposes of a home detention sentence, the following provisions apply:
a: if the offender suffers any personal injury for which he or she has cover under the Injury Prevention, Rehabilitation, and Compensation Act 2001
i: the personal injury is deemed, for the purposes of section 97 of that Act
ii: the Crown is liable to pay compensation to which the offender is entitled under that section:
b: the cost of all other entitlements of the offender under that Act must be met from the Earners' Account in the case of an offender who is an earner and from the Non-Earners' Account in all other cases.
80ZG: Effect of subsequent sentence of imprisonment
1: This section applies if an offender who is subject to a sentence of home detention is subsequently sentenced to a term of imprisonment.
2: If this section applies, the sentence of home detention is suspended until the earlier of the following events—
a: it resumes under subsection (4)(b)
b: it is cancelled under subsection (6)
3: No period during which a sentence of home detention is suspended under subsection (2) section 80A(3)
4: If the sentence or sentences of imprisonment are quashed and that results in the offender no longer being detained under a sentence of imprisonment,—
a: the offender must report to a probation officer as soon as practicable and not later than 72 hours after being released from detention; and
b: the sentence of home detention resumes when the offender has reported as required under paragraph (a)
5: The Registrar of the court in which the sentence or sentences of imprisonment are quashed must notify the chief executive of the Department of Corrections.
6: If the sentence of home detention never resumes under subsection (4)(b)
80ZH: Application of
section 80F
1: While an epidemic management notice is in force,—
a: a probation officer who has applied for an order under section 80F(4)
b: any probation officer may himself or herself vary the special conditions subject to which a sentence of home detention was imposed by the court on an offender if the offender has applied for an order under section 80F(4)
c: a probation officer may vary or suspend any standard conditions of a sentence of home detention.
2: A variation under subsection (1)(a) or (b)
3: Any variation or suspension of a standard condition under subsection (1)(c)
a: the revocation of the epidemic management notice; or
b: the date a probation officer rescinds the variation or suspension.
80ZI: Application of
section 80R
1: While an epidemic management notice is in force,—
a: a probation officer who has applied for an order under section 80R(3)
b: any probation officer may himself or herself vary the post-detention conditions subject to which a sentence of home detention was imposed by the court on an offender if the offender has applied for an order under section 80R(3)
2: Any variation under subsection (1)
a: the revocation of the epidemic management notice; or
b: the date on which a probation officer rescinds the variation or suspension.
Subpart 2B: Judicial monitoring
80ZJ: Progress reports
1: If the court has imposed a sentence of intensive supervision or home detention and a special condition of that sentence is that the offender be subject to judicial monitoring, the probation officer supervising the offender must give a written progress report to the Judge who sentenced the offender or to any other Judge of that court if for any reason it is impracticable for the sentencing Judge to be given the report.
2: The progress report must be given to the Judge within 3 months of the date that the sentence commenced under section 75, 76, 80W, 80X, or 80Y
3: The progress report—
a: must contain information on the offender's progress and compliance with the sentence; and
b: may contain any other information that the probation officer considers relevant to the sentence.
4: The probation officer must prepare and give the Judge further progress reports at specified intervals of not less than 3 months if directed to do so by the Judge.
80ZK: Consideration of progress reports
After considering a progress report, the Judge may order that the offender attend before him or her if the Judge considers it desirable for the administration of the sentence or for the rehabilitation or reintegration of the offender.
80ZL: Procedure
1: A copy of an order under section 80ZK
2: The order must be accompanied by a notice setting out the time and place of the attendance.
80ZM: Procedure if possible grounds for variation or cancellation of sentence exist
1: If, after hearing from the offender and the probation officer, the Judge considers that there may be grounds for variation or cancellation of the sentence of intensive supervision or home detention, he or she may request submissions on whether the sentence should be varied or cancelled.
2: If the Judge requests further submissions under subsection (1)
3: After hearing submissions on whether the sentence should be varied or cancelled at the hearing, the Judge may vary or cancel the sentence of intensive supervision or home detention in accordance with section 54K or 80F
45: New section 81A inserted
Section 45 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
46: Imposition of minimum period of imprisonment in relation to determinate sentence of imprisonment
Section 46 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
47: Offender must be notified that sentence of preventive detention will be considered, and reports must be obtained
Section 88
3: To avoid doubt, a health assessor's report under subsection (1)(b)
48: Warrant of commitment for sentence of imprisonment
Section 91 subsections (4) (5)
49: Imposition of conditions on release of offender sentenced to imprisonment for short term
1:
2:
3:
4: The definition of special conditions section 93(2B) , or a residential restriction condition as referred to in section 15(3)(ab) of that Act section 15(3)(f) of that Act
5: Section 49(1) repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 Section 49(2) repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 Section 49(3) repealed 22 January 2014 section 59 Administration of Community Sentences and Orders Act 2013 Section 49(5) repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
50: Heading and sections 97 to 99 repealed
The heading above section 97 sections 97 98 99
51: Court may defer start date of sentence of imprisonment
Section 100(1)(b) (2)
52: Non-association order
Section 52 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
53: Cumulative orders and sentences
Section 53 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017
54: Effect of subsequent sentences on non-association order
Section 54 repealed 3 June 2017 section 3(2) Statutes Repeal Act 2017 Transitional provisions
55: Transitional arrangements for intensive supervision
If an offender is convicted of an offence committed before the commencement of section 54B
a: the court would have had the power to sentence the offender to supervision if it were dealing with the offence immediately before that date; and
b: the requirements of sections 54B 54C
c: the offender consents to the imposition of intensive supervision.
56: Transitional arrangements for community detention
If an offender is convicted of an offence committed before the commencement of section 69B
a: the court would have had the power to sentence the offender to a community-based sentence if it were dealing with the offence immediately before that date; and
b: the requirements of sections 69B 69C
c: the offender consents to the imposition of community detention.
57: Transitional arrangements for home detention
If an offender is convicted of an offence committed before the commencement of section 80A
a: the court would have had the power to sentence the offender to imprisonment if it were dealing with the offence immediately before that date; and
b: the requirements of section 80A
c: the offender consents to the imposition of home detention.
58: Amendments to other enactments
The enactments listed in the Schedule Schedule OIC SR 2007/254 2007-10-01 s207D(1)(f)(ii) and (iii) s207K(1)(e)(ii) and (iii) s207Q(1)(c)(ii) and (iii) s248(1)(b) s251(1)(j) s285(5)(ba) and (6)(a) s290(1)(b) s293(b) s303(b) s3(1) def s5(1)(a) s8(1)(c) heading above s24 s25(1)(a), (b) and (c) s27(2) s34(1) s156(2)(b)(ii) s157(1) s181(2)(ab) s182(1)(b), (3)(b) and (4) s182A(3)(a) s182B(1)(c) and (2)(a) s19DA heading s19DA(2), (3), (4), (5) (6) and (7) s399(3) and (4)(c) s2(1) def s4A(3)(ab) s24A(4), (4)(a) and (5) s39A(3), (3)(b)(i) and (4) s39C(2) s46A s4 def s2(4)(ba) s21A(1)(h) s4(2)(ba) s31(1)(b)(iia) Land Transport Act 1998 Mutual Assistance in Criminal Matters Act 1992 Passports Act 1992 Prisoners and Victims Claims Act 2005 Privacy Act 1993 Social Security Act 1964 Summary Proceedings Act 1957 Victims Rights Act 2002 |
DLM1092800 | 2007 | Taxation (Annual Rates of Income Tax 2007–08) Act 2007 | 1: Title
This Act is the Taxation (Annual Rates of Income Tax 2007–08) Act 2007.
2: Commencement
This Act comes into force on the day on which it receives the Royal assent.
3: Rates of income tax for 2007–08 tax year
1: Income tax imposed by section BB 1 Schedule 1
2: The Taxation (Annual Rates of Income Tax 2006–07) Act 2006 2007-12-19 Taxation (Annual Rates of Income Tax 2006-07) Act 2006 |
DLM407663 | 2007 | Crimes (Substituted Section 59) Amendment Act 2007 | 1: Title
This Act is the Crimes (Substituted Section 59) Amendment Act 2007.
2: Commencement
This Act comes into force one month after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Crimes Act 1961
4: Purpose
The purpose of this Act is to amend the principal Act to make better provision for children to live in a safe and secure environment free from violence by abolishing the use of parental force for the purpose of correction.
5: New section 59 substituted
Section 59
59: Parental control
1: Every parent of a child and every person in the place of a parent of the child is justified in using force if the force used is reasonable in the circumstances and is for the purpose of—
a: preventing or minimising harm to the child or another person; or
b: preventing the child from engaging or continuing to engage in conduct that amounts to a criminal offence; or
c: preventing the child from engaging or continuing to engage in offensive or disruptive behaviour; or
d: performing the normal daily tasks that are incidental to good care and parenting.
2: Nothing in subsection (1)
3: Subsection (2) subsection (1)
4: To avoid doubt, it is affirmed that the Police have the discretion not to prosecute complaints against a parent of a child or person in the place of a parent of a child in relation to an offence involving the use of force against a child, where the offence is considered to be so inconsequential that there is no public interest in proceeding with a prosecution.
6: Amendments to Education Act 1989
1: This section amends the Education Act 1989
2: Section 139A(1) (2) Education Act 1989 , unless that person is a guardian of the student or child
7: Chief executive to monitor effects of this Act
1: The chief executive must, in accordance with this section, monitor, and advise the Minister on, the effects of this Act, including the extent to which this Act is achieving its purpose as set out in section 4
2: As soon as practicable after the expiry of the period of 2 years after the date of the commencement of this Act, the chief executive must—
a: review the available data and any trends indicated by that data about the matters referred to in subsection (1)
b: report the chief executive's findings to the Minister.
3: As soon as practicable after receiving the report under subsection (2)
4: In this section, chief executive and Minister have the same meanings as in section 2(1) Children, Young Persons, and Their Families Act 1989 |
DLM968282 | 2007 | Films, Videos, and Publications Classification Amendment Act 2007 | 1: Title
This Act is the Films, Videos, and Publications Classification Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Films, Videos, and Publications Classification Act 1993 2007-09-20 Films, Videos, and Publications Classification Act 1993
4: Conduct of reviews
Section 52(4) section 3 of this Act sections 3 to 3D |
DLM968428 | 2007 | Niue Amendment Act 2007 | 1: Title
This Act is the Niue Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Niue Act 1966 RA 2007-09-20 Niue Act 1966
4: Interpretation
Section 2 of the principal Act Act aerodrome aircraft Attorney-General Defence European Niue Assembly Assembly Niuean custom Ordinance prescribed public place Rules of Court Secretary valuable security will
5: Amendments to principal Act
The provisions of the principal Act set out in Schedule 1
6: Amendments to other enactments
The provisions of other enactments set out in Schedule 2 RA 2007-09-20 Niue Amendment Act (No 2) 1968
7: Repeals and revocations
1: The enactments set out in Part 1 RA 2007-09-20 Niue Amendment Act 1970 Niue Amendment Act 1971 Niue Amendment Act 1974
2: The regulations set out in Part 2 RA 2007-09-20 Niue Act Commencement Order 1969 Niue Airport Charges Regulations 1971 Niue Amendment Act Commencement Order 1972 Niue Amendment Act Commencement Order 1973 Niue Civil List Regulations 1972 Niue Dental Regulations 1970 Niue Education Regulations 1968 Niue Land Courts Rules 1969 Niue Land Registration Regulations 1969 Niue Marriage Regulations 1970 Niue Public Service Regulations 1979 Niue Radio Regulations 1972 Niue Telephone Regulations 1968 |
DLM1107111 | 2007 | Gas Amendment Act 2007 | 1: Title
This Act is the Gas Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent. RA 2007-09-20 Gas Act 1992
3: Principal Act amended
This Act amends the Gas Act 1992
4: Other gas governance regulations
Section 43G(2) paragraph (c)
c: providing for arrangements to enable consumers to switch gas retailers: . |
DLM968381 | 2007 | Lawyers and Conveyancers Amendment Act 2007 | 1: Title
This Act is the Lawyers and Conveyancers Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Lawyers and Conveyancers Act 2006 RA 2007-09-20 Lawyers and Conveyancers Act 2006
4: Power of Standards Committee to determine complaint or matter
Section 152(1)(b) section 130(1)(c) section 130(c) |
DLM968402 | 2007 | Local Government Act 2002 Amendment Act 2007 | 1: Title
This Act is the Local Government Act 2002 Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Local Government Act 2002 2007-09-20 Local Government Act 2002
4: Interpretation
Section 5(1) network assets of Watercare Services Limited
a: means the network assets of Watercare Services Limited used in its provision of water supply; and
b: includes—
i: rivers, streams, lakes, waters, and underground waters, and rights relating to these; and
ii: land, watershed, catchment, and water collection areas; and
iii: any of the following that are vested in, or are acquired, constructed, or operated by, or are under the control of, Watercare Services Limited:
A: reservoirs, dams, bores, tanks, and pipes; and
B: buildings, machinery, and appliances .
5: Special requirements for bylaws relating to trade wastes
Section 148(7)
7: The requirements in this section are in addition to the requirements in section 156
6: Offences relating to waterworks
1: The heading to section 225 and network assets of Watercare Services Limited
2: Section 225(1) ; or
e: carries out work on, or in relation to, the network assets of Watercare Services Limited without first—
i: notifying Watercare Services Limited of the intention to carry out the work; and
ii: obtaining written authorisation from Watercare Services Limited, with terms or conditions that Watercare Services Limited thinks fit.
3: Section 225(2) and (3) or (e) (1)(d)
7: Liability for cost of damage
Section 226
a: inserting or Watercare Services Limited council
b: inserting or the network assets of Watercare Services Limited waterworks
8: Penalties for offences
1: Section 242(1) 232(2) 232(3)
2: Section 242(3) 232(1) 232(2) |
DLM1001879 | 2007 | Defence Amendment Act (No 2) 2007 | 1: Title
This Act is the Defence Amendment Act (No 2) 2007.
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different provisions. Section 2 brought into force 1 July 2009 Defence Amendment Act (No 2) 2007 Commencement Order 2008
3: Principal Act amended
This Act amends the Defence Act 1990 OIC SR 2008/235 2009-07-01 Defence Act 1990
4: Redress of complaints
1: Section 49(1) Courts Martial Appeals Act 1953 section 162 Court Martial Appeals Act 1953
2: All complaints under section 49 of the principal Act
3: Every authority referred to in section 49 of the principal Act subsection (2) |
DLM1034007 | 2007 | Armed Forces Discipline Amendment Act (No 2) 2007 | 1: Title
This Act is the Armed Forces Discipline Amendment Act (No 2) 2007.
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different provisions. OIC SR 2008/232 2009-07-01 Armed Forces Discipline Act 1971 Section 2 brought into force 1 July 2009 Armed Forces Discipline Amendment Act (No 2) 2007 Commencement Order 2008
3: Principal Act amended
This Act amends the Armed Forces Discipline Act 1971 Amendments to preliminary provisions of principal Act
4: Interpretation
1: Section 2(1) convening officer deal summarily with officer exercising summary powers reviewing authority try summarily
2: Section 2(1) commanding officer 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 of the Defence Act 1990
b: does not include any midshipman or officer cadet or chaplain .
3: Section 2(1) competent service authority competent service authority
a: means every superior commander; 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 .
4: Section 2(1) court-martial Court Martial section 8 of the Court Martial Act 2007 .
5: Section 2(1) detachment commander 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 .
6: Section 2(1) detainee detainee .
7: The definition of is liable section 2(1) court-martial the Court Martial
8: Section 2(1) president president .
9: Section 2(1) provost officer provost officer
a: means a provost marshal, assistant provost marshal, or other officer of the Navy, the Army, or the Air Force duly appointed to exercise the functions conferred by this Act on a provost officer; and
b: includes a person duly attached or lent as a provost officer to, or seconded for service or appointed for duty as a provost officer with, any part of the Armed Forces; but
c: does not include any midshipman or officer cadet or chaplain .
10: The definition of service prisoner section 2(1) a court-martial the Court Martial
11: Section 2(1) superior commander 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 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 of the Defence Act 1990 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 .
12: Section 2(1) superior officer 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, and 38
ii: for the purposes of section 38 .
13: Section 2(1) Authority section 151 Chief Judge Defence Force Orders section 206 of this Act section 27 of the Defence Act 1990 Deputy Chief Judge 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 Judge
a: means a Judge of the Court Martial; and
b: includes the Chief Judge and a Deputy Chief Judge lawyer member of the Court Martial military member military tribunal
a: a disciplinary officer:
b: the Summary Appeal Court:
c: the Court Martial Registrar subordinate commander section 106 Summary Appeal Court section 118 .
14: Section 2
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 of the Defence Act 1990
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 or 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.
5: Special provisions relating to the interpretation, etc, of
Part 2
1: Section 3 subsection (1A)
1A: The following provisions of the Sentencing Act 2002
a: section 6
b: sections 102 to 104
2: Despite subsection (1) section 104 of the Sentencing Act 2002 Amendments to
Part 1
6: Section 7 repealed
Section 7
7: Members of other forces attached to Armed Forces under
section 23A of Defence Act 1990 Section 9
2: However, the Governor-General may, by Order in Council,—
a: exempt all or any class of the persons specified in subsection (1)
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)
8: Spies, etc
Section 13 paragraphs (a) and (b)
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 .
9: Certain civilians closely associated with Armed Forces subject to this Act
1: Section 16(7)(d) or dealt with summarily , or otherwise dealt with, under Part 5
2: Section 16(7) paragraphs (e) and (f)
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 .
10: Certain persons sentenced under this Act to remain subject to this Act
1: Section 17(1) paragraph (a)
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 .
2: Section 17(2) a court-martial the Court Martial
11: Trial and punishment of person who has ceased to be subject to this Act
Section 18 court-martial the Court Martial
12: Limitation a time within which charges may be dealt with summarily or tried under this Act
1: Section 20 subsection (1)
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) subsections (2) to (6)
2: Section 20(2) or other civil prison
3: Section 20(4) and (6) court-martial the Court Martial
4: Section 20(4) paragraph (a)
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 .
5: Section 20(5) or dealt with summarily under this Act or be tried by court-martial , or otherwise dealt with, under Part 5
6: Section 20(5) paragraph (a)
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 .
13: Person may not be tried under this Act and under the civil law in respect of same act or omission
1: Section 21(1)(a) and (c) a court-martial the Court Martial
2: Section 21(1)(b) an officer exercising summary powers a disciplinary officer
3: Section 21 subsections (3) and (4)
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 found the charge proved but did not convict him or her:
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.
14: New section 22 substituted
Section 22
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. Amendments to
Part 2
15: New section 45A inserted
The following section is inserted after section 45
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
16: Delay or denial of justice
1: Section 69(1) paragraph (b)
b: to investigate, try summarily, or otherwise deal under Part 5 .
2: Section 69 subsection (2)
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 or 117M
17: New section 70 substituted
Section 70
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)
3: Despite subsection (2) subsection (1)(e) to (i)
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.
18: False evidence
Section 71(1) court-martial or before any court of inquiry or person having power by virtue of this Act to administer oaths military tribunal or a court of inquiry
19: Conduct prejudicial to service discipline
1: Section 73(1) ; or paragraph (b)
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: Section 73(3)
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.
20: Offences against the civil law of New Zealand
Section 74(4) court-martial the Court Martial Amendments to
Part 3
21: Heading to
Part 3 The heading to Part 3 courts-martial Court Martial
22: Jurisdiction of courts-martial
1: The heading to section 78 courts-martial Court Martial
2: Section 78 a duly constituted court-martial shall have the Court Martial has
23: Court-martial to pass one sentence only
1: The heading to section 79 Court-martial Court Martial
2: Section 79 a court-martial the Court Martial
3: Section 79 court Court
24: Discretion of court-martial as to punishment
1: The heading to section 80 court-martial Court Martial
2: Section 80(1) court-martial the Court Martial
3: Section 80(1) court Court
4: Section 80(3) a court-martial the Court Martial
25: Effect of period spent in custody before being sentenced
1: Section 81A(1) a court-martial the Court Martial
2: Section 81A(2) court-martial Court Martial
26: Dismissal from service and reduction in rank
1: Section 82(1), (2), and (3) a court-martial the Court Martial
2: Section 82(4)
27: Maximum term of detention
Section 83 a court-martial the Court Martial
28: Reduction in rank and forfeiture and stay of seniority of service
1: Section 84(1) and (2) a court-martial the Court Martial
2: Section 84
3: Subsections (1) and (2) Part 5 or 5A
29: Punishment by fine
1: Section 85(3) a court-martial the Court Martial
2: Section 85
4: Subsections (1) and (2)
30: Compensation for loss of, or damage to, property
1: Section 86 subsection (3)
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 of the Sentencing Act 2002
2: Section 86(1) and (4) a court-martial the Court Martial
3: Section 86(2) court-martial Court Martial
31: Restitution of property
1: Section 87(1) a court-martial the Court Martial
2: Section 87(1), (2), (3), and (4) court Court
3: Section 87(2), (3), and (4) court-martial Court Martial
32: Suspension of compensation and restitution orders made by courts-martial, etc
1: The heading to section 87A courts-martial Court Martial
2: Section 87A(1) a court-martial the Court Martial
3: Section 87A(2) Courts Martial Court Martial
4: Section 87A
3: Subsection (1)
a: a finding of guilty made by a disciplinary officer, being a finding to which section 26(1) of the Sale of Goods Act 1908
b: an order for compensation or restitution made by a disciplinary officer under section 86 or 87
4: If the operation of an order for compensation or restitution or the operation of section 26(1) of the Sale of Goods Act 1908 subsection (3)
5: Subsection (4) section 134 Amendments to
Part 4
33: Disposal of property taken in search
1: Section 99(1)(a) and (b) a court-martial or, as the case may be, an officer exercising summary powers the Court Martial or, as the case may be, a disciplinary officer
2: Section 99(1)(b) court Court
3: Section 99 subsection (2)
2: An order of forfeiture made under subsection (1)(b)
a: Part 5A
b: an appeal to the Court Martial Appeal Court, as part of the sentence imposed on the offender.
34: Delay in dealing with person after arrest
Section 101 subsections (4) to (7)
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
35: New sections 101A to 101D inserted
The following sections are inserted after section 101
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) and (3) of the Bail Act 2000
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
b: may take into account the considerations set out in section 8(2) of the Bail Act 2000
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.
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 member of the police; and
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 member of the police.
3: For the purpose of executing the warrant, a person referred to in subsection (2)(b)
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 1 of the persons referred to in subsection (2)(b)
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.
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 or 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, and 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) New Part 4A inserted
36: New Part 4A inserted
The following Part is inserted after section 101D (as inserted by section 35
4A: Director of Military Prosecutions
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)
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) Gazette
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.
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)
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.
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) sections 7 and 8 of the Defence Act 1990
3: To avoid doubt, subsection (1) section 101F
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.
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) Court Martial Act 2007 Court Martial Appeals Act 1953
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 he 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. New Part 5 substituted
37: New Part 5 substituted
Part 5
5: Investigation and summary trial of charges
1: General provisions
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
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.
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.
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)
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.
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 When officer is empowered to act as disciplinary officer
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.
2: Preliminary procedures and investigation of charges
Initial referral of charges
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)
a: the referral of the charge to another person; or
b: another person to act as the disciplinary officer in relation to the charge.
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)
a: the referral of the charge to another person; or
b: another person to act as the disciplinary officer in relation to the charge.
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. Certification and amendment of charges
112: Charge must be certified if disciplinary officer may impose certain punishments
1: A disciplinary officer must, after a charge is referred to him or her under section 109 or 110
a: detention:
b: reduction in rank:
c: a fine.
2: In considering the matter under subsection (1)
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, a punishment consisting of or including 1 or more of the punishments referred to in subsection (1)
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)
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.
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 or 110
3: If the disciplinary officer exercises his or her powers under subsection (1)
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. Assignment of defending and presenting officers
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)
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.
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. Arraignment
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. Plea of guilty
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)
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)
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)
4: After a charge is referred to a commanding officer or detachment commander under subsection (3)
5: This section is subject to sections 117G and 117H
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.
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; and
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; and
c: have regard to sections 117W and 117ZA
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; 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)
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; or
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 and 117H
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 subsection (1) Other matters relating to pleas
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 in respect of those charges until a finding under this Part is recorded for the other charges against the accused contained in the same charge report.
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
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)
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)
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) Investigation following plea of not guilty
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)
a: adequate time to prepare a defence; and
b: a reasonable opportunity to obtain adequate facilities to prepare a defence.
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. Disciplinary officer must consider certain matters
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)
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) subsection (1)
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. Right to elect trial by Court Martial
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 and 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
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)
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 subsection (1)
3: The disciplinary officer must try the accused summarily under subpart 3 if, after having been given the right to an election under 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.
3: Trying charges summarily
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)
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)
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.
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)
117Q: Disciplinary officer must determine whether accused is guilty or not guilty
After the disciplinary officer has received all the evidence under subpart 2 and this subpart, he or she must—
a: determine whether the accused is guilty or not guilty on the charge; and
b: record the finding; and
c: inform the accused.
4: Punishment
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.
4: In this section, victim section 4 of the Victims' Rights Act 2002
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) 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
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)
3: If the disciplinary officer makes an order under subsection (1)
4: The disciplinary officer may make orders under section 117ZA subsection (1)
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) of the Sentencing Act 2002 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)
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)
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 Summary punishments
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)
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 or 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 or 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
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.
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)
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 hut 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.
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. Compensation and restitution
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 section 87(3)
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 or 117M
b: if the offender was not given the right to elect trial by the Court Martial wider section 117D or 117M
5: Miscellaneous matters
Rights under New Zealand Bill of Rights Act 1990
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)
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) of the New Zealand Bill of Rights Act 1990
b: the right that the accused had or has under section 25(a) of that Act
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 or 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)
3: The accused's election under section 117D or 117M
4: The disciplinary officer must take reasonable steps to ensure that the accused has read the election before the accused signs it.
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. Recording of proceedings
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. Referral of charges
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.
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)
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.
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) or 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) or 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)
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) or 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.
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 Procedures for certain persons
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 or 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. Evidence
117ZK: Relevant evidence admissible unless excluded
1: All relevant evidence is admissible in proceedings under this Part and Part 5A subsection (4)
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
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)
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)
5: The making of an affirmation under subsection (4)
6: Every oath or affirmation required to be administered under this Part or Part 5A
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)
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.
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. Other miscellaneous matters
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.
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.
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)
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.
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: 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) New Part 5A inserted
38: New Part 5A inserted
The following Part is inserted after Part 5
5A: Summary Appeal Court of New Zealand
Establishment of Summary Appeal Court of New Zealand
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.
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.
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.
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.
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)
4: If the Registrar appears to act under subsection (1)
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. Right of appeal
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
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)
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
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)
3: The Registrar must, within 7 days of receiving the documents under subsection (2)
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.
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. Special reference by Judge Advocate General
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 subsection (1)(a) to (d)
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)
3: In this section, prescribed period subsection (1)(b) Powers of Summary Appeal Court
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.
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)
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)
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) subsection (4)
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)
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.
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 subsection (1)(a)(iv)
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)
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.
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. Decisions of Summary Appeal Court
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. Sittings of Summary Appeal Court
137: Sittings of Summary Appeal Court
1: The Summary Appeal Court—
a: must sit in open court unless section 138 or 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)
3: A sitting of the Summary Appeal Court may be adjourned from time to time and from place to place.
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.
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)
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)
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) subsection (1)(a) 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. Miscellaneous procedural provisions
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)
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)
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.
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.
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.
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.
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) Amendments to
Part 7
39: New heading to Part 7 substituted
The heading to Part 7 Other provisions relating to proceedings generally
40: New section 145 substituted
Section 145
145: Application of
sections 139 to 141 of Criminal Justice Act 1985 Sections 139 to 141 of the Criminal Justice Act 1985
41: Sections 146 and 147 repealed
Sections 146 and 147
42: Section 149 repealed
Section 149
43: New sections 150 to 150G substituted
Section 150 Rules of procedure
150: Rules of procedure
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 1170:
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 expenses of members of the Court Martial and of witnesses giving evidence before the Court Martial and other proceedings under this Act:
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 26(1) of the Sale of Goods Act 1908
s: providing for the remuneration and expenses of members and witnesses attending a court of inquiry:
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. Protection from civil liability, privileges, and immunities
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.
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. Power to summon witnesses
150C: Power to summon witnesses
1: The persons referred to in subsection (2)
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.
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)
b: if it is served under subsection (1)(b)
3: If the summons is posted by registered letter, it is deemed for the purposes of subsection (2)(b) Contempt
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.
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 member of the police or provost officer, or any person subject to this Act directed by that tribunal or court, to take either of the actions specified in subsection (3)
3: The actions referred to in subsection (2)
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 District Court.
4: If a person alleged to have committed contempt of a military tribunal or court of inquiry is brought before a District Court under subsection (3)(b)
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.
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 and 150F New Parts 8 and 8A substituted
44: New Parts 8 and 8A substituted
Part 8
8: Reconsideration of sentences of imprisonment or detention
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.
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)
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) section 177 or 179
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.
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 or commutes 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 or commutation.
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.
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: must be given reasonable prior written notice of the date and time of the hearing; and
b: may attend and be heard at the hearing (whether personally or through an agent).
4: If the service prisoner or detainee does not request a hearing under subsection (2)(a)
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.
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.
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.
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)
4: If the Registrar of the Court Martial appears to act under subsection (1)
8A: Armed Forces Discipline Committee
Establishment of Armed Forces Discipline Committee
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)
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.
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 the sentencing practice of the Court Martial.
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 they are applicable, consistent with the following:
a: the Sentencing Act 2002
b: any guidelines published by the Sentencing Council established under the Sentencing Council Act 2007
3: The Discipline Committee must carry out its functions independently of the Minister.
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. Administrative provisions relating to Discipline Committee
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.
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)
166: Procedure of Discipline Committee generally
The Discipline Committee may regulate its own procedures.
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.
166B: Other procedure at meetings
Every written report submitted by the senior military member of the Court Martial under section 34 of the Court Martial Act 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.
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. Amendments to
Part 9
45: Manner in which sentences of imprisonment and detention are to be served
1: Section 168(2A) section 166 Part 8
2: Section 168(3)(c) court-martial or the commanding officer Court Martial or disciplinary officer
46: Committal, removal, release, etc., of members of the Armed Forces serving imprisonment or detention
1: Section 169(2) an officer exercising summary powers a disciplinary officer
2: Section 169(4)
a: omitting by court-martial by the Court Martial
b: omitting the court-martial the Court Martial
c: omitting subsection (2) of section 149 of this Act section 76 of the Court Martial Act 2007
47: Places in which sentences of imprisonment or detention may be served
Section 171(3) the court-martial which sentenced him or any reviewing authority reviewing the proceedings of that court the Court Martial
48: Imprisonment and detention of members of other forces attached to Armed Forces
Section 172(1)(a) court-martial the Court Martial
49: Imprisonment and detention of members of Armed Forces attached to other forces
Section 173(2) court-martial the Court Martial
50: Establishment and regulation of service prisons and detention quarters
Section 175(2)(a) courts-martial the Court Martial
51: Commencement of sentences
1: Section 177 subsection (1)
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: Section 177(3)(a) a court-martial the Court Martial
52: Effect of period spent in custody before being sentenced
Section 177A(1) a court-martial under section 81A of this Act section 102(5A) of this Act the Court Martial under section 81A section 117Y
53: Consecutive sentences
1: Section 178(1) a court-martial the Court Martial
2: Section 178(1) court Court
3: Section 178(2) and (3) court-martial Court Martial
4: Section 178(2)(a), (3)(a), (5)(a), and (6)(a) review or
5: Section 178(4) a court-martial or an officer exercising summary powers, that court or officer the Court Martial or a disciplinary officer, the Court or that officer
6: Section 178(5) and (6) court-martial or the officer exercising summary powers Court Martial or the disciplinary officer
54: Limitation of term of detention under one or more sentences
Section 179(2) or section 183
55: Sections 181 to 183 and heading above section 181 repealed
Sections 181 to 183 section 181
56: Recovery in District Court of fines imposed under this Act
1: Section 185 subsection (1)
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 any District Court in New Zealand (without payment of any fee).
1A: Subsection (1) section 85
2: Section 185(2)
a: by omitting Registrar of the Court Registrar of the District Court
b: by omitting Court court
57: Compensation to victims of offences occasioning physical harm
1: The heading to section 186A occasioning causing
2: Section 186A subsections (1) and (2)
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)
a: was unprovoked; and
b: caused bodily injury to the victim. Amendments to
Part 10
58: Interpretation of terms used in this Part
The definition of qualified medical practitioner section 187(1) paragraph (b)
b: in the case of a trial in the Court Martial held overseas, includes a person approved by the Judge.
59: When court may find accused unfit to stand trial
1: Section 188 court Court
2: Section 188(1) A court-martial The Court Martial
60: Determining if accused unfit to stand trial
1: Section 188A(1)
a: by omitting a court-martial the Court Martial
b: by omitting court Court
2: Section 188A(2) court Court
3: Section 188A(3)
4: Section 188A(5)
a: by omitting a court-martial the Court Martial
b: by omitting court Court
61: Court may postpone finding as to unfitness to stand trial
1: The heading to section 188B Martial Court
2: Section 188B(1) A court-martial The Court Martial
3: Section 188B(2) court Court
62: Finding of insanity
1: Section 190(1)
a: by omitting court-martial the Court Martial
b: by omitting court Court
2: Section 190(1A)
a: by omitting A court-martial The Court Martial
b: by omitting the court-martial the Court Martial
3: Section 190(2)
a: by omitting court-martial the Court Martial
b: by omitting court Court
4: Section 190(3)
a: by omitting a judge advocate the Judge
b: by omitting a court-martial the military members
63: Order to be made if person unfit to stand trial or insane
1: Section 191(1)
a: by omitting court-martial the Court Martial
b: by omitting court Court
2: Section 191(2) court's Court's
3: Section 191(2) to (5) court Court
4: Section 191(4) report the matter to the convening officer refer the matter to the Director of Military Prosecutions
5: Section 191(7) has been approved by a reviewing authority under section 198(4)(a) of this Act
64: Duration of order for detention as special patient where defendant unfit to stand trial
1: Section 192 a court-martial the Court Martial
2: Section 192(3) court Court
3: Section 192(4) by court-martial by the Court Martial
4: Section 192(6) by court-martial by the Court Martial
65: Duration of order for detention as special patient when person acquitted on account of his insanity
Section 193(1) a court-martial the Court Martial
66: Power of court-martial to commit to hospital on conviction
1: The heading to section 194 court-martial Court Martial
2: Section 194(1)
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
3: Section 194(1A) court Court
4: Section 194(3) shall be kept in strict custody pending the review of his conviction, and, if the conviction and order are approved by the reviewing authority, the accused
67: Sections 197 and 198 repealed
Sections 197 and 198 Amendments to
Part 11
68: New sections 200 to 200T substituted
Section 200
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.
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 of the Geneva Conventions Act 1958
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) of the Defence Act 1990
2: The assembling authority must appoint 1 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)
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.
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.
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.
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.
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
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)
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) section 200N
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)
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.
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)
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) subsection (1)
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)
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)
4: This section does not apply to an inquiry under section 201
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.
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)
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.
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.
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 of the Crimes Act 1961
4: Subsection (1) subsections (2) and (3)
200T: Record of proceedings not to be disclosed
The record of proceedings of a court of inquiry must not be disclosed to—
a: persons not subject to this Act without authority from a superior commander of the service concerned; and
b: persons subject to this Act, unless those persons—
i: need to be aware of the contents to enable them to perform their service duties; or
ii: are entitled to a copy under the rules of procedure.
69: Inquiry on absence of member of the Armed Forces
Section 201(3) court-martial the Court Martial
70: Pay, service, and effects of deserters and absentees
1: Section 202(1)
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)
2: Section 202(5)(a)
a: is less than 24 hours, it must be counted (except for the purposes of subsection (1A) .
71: Appointment and functions of Judge Advocate General
1: Section 203(2)
2: The Judge Advocate General may not be removed from office except in accordance with section 16 of the Court Martial Act 2007
2A: The Judge Advocate General must retire from office on attaining the age of 75 years.
2: Section 203(3)
72: Deputy Judge Advocate General
Section 203A(2)
2: The Deputy Judge Advocate General may not be removed from office except in accordance with section 16 of the Court Martial Act 2007
2A: The Deputy Judge Advocate General must retire from office on attaining the age of 70 years.
73: Heading above section 205 amended
The heading above section 205 Chief of
74: Regulations
1: Section 205(1)(a) and (aa)
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: .
2: Section 205(1)(b) court-martial or found guilty by an officer exercising summary powers the Court Martial or found guilty by a disciplinary officer
3: Section 205(1)(c)(i) to (v)
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) .
4: Section 205(1) paragraph (c)
ca: determining the nature and content of the punishments of reduction of rank, forfeiture of seniority, and stay of seniority: .
75: Chief of Defence Force orders
1: The heading to section 206 Chief of
2: Section 206(1)(a)
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: .
3: Section 206(1)(b)
a: by omitting by court-martial by the Court Martial
b: by omitting court Court
c: by omitting in court-martial in the Court's
4: Section 206(1)(c) officials of courts-martial officers of the Court Martial
5: Section 206(1)(e)
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)
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) .
76: Schedule 2 amended
1: The Schedule 2 court-martial Court Martial
2: Clause 1 of Schedule 2 court-martial the Court Martial
77: Schedule 3 amended
1: The Schedule 3 Sections 102, 104, and 105 s 117V
2: Clause 1 of Schedule 3
a: omitting an officer exercising summary powers a disciplinary officer
b: repealing paragraph (i)
78: New Schedules 4 and 5 substituted
Schedules 4 and 5 Schedule 1
79: Schedule 6 repealed
Schedule 6
80: Revocation
The Armed Forces Discipline (Exemptions and Modifications) Order 1983 (SR 1983/234) OIC SR 2008/232 2009-07-01 Armed Forces Discipline (Exemptions and Modifications) Order 1983
81: Amendments to other enactments
The enactments specified in Schedule 2 OIC SR 2008/232 2009-07-01 Crimes Act 1961 Criminal Records (Clean Slate) Act 2004 Electronic Transactions Act 2002 Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 Mental Health (Compulsory Assessment and Treatment) Act 1992 Prisoners' and Victims' Claims Act 2005 Remuneration Authority Act 1977 Transport Accident Investigation Commission Act 1990 Visiting Forces Act 2004 Armed Forces Discipline Regulations 1990 Transitional provisions
82: Continuation of proceedings under Part 5
1: All investigations and proceedings under Part 5 of the principal Act
2: However, if, in the course of proceedings continued under subsection (1)
a: the charge must be referred to the Director of Military Prosecutions; and
b: the accused may be remanded for trial in the Court Martial (as established by the Court Martial Act 2007
c: the charge must then be dealt with in accordance with the principal Act (as amended by this Act) and the Court Martial Act 2007
d: sections 117ZF to 117ZI of the principal Act (as substituted by this Act) apply with all necessary modifications for the purpose of giving effect to paragraphs (a) to (c)
3: If a person subject to the principal Act is found guilty of an offence against the principal Act by an officer exercising summary powers in proceedings continued under subsection (1) section 117 of the principal Act
4: Every officer exercising summary powers and every reviewing authority continues to have and may exercise all his, her, or its powers, functions, and duties under the principal Act (as in force immediately before the commencement of this section) for the purpose of giving effect to subsections (1) (3)
5: In this section, officer exercising summary powers and reviewing authority
83: Charges in relation to conduct before commencement of this section
1: Conduct that is alleged to have occurred before the commencement of this section may be dealt with under the principal Act, as amended by this Act, if the disciplinary officer concerned is satisfied that an investigation and proceeding under Part 5 of the principal Act
2: This section does not limit section 82 |
DLM968896 | 2007 | Protection of Personal and Property Rights Amendment Act 2007 | 1: Title
This Act is the Protection of Personal and Property Rights Amendment Act 2007.
2: Commencement
1: This Act (except section 24
2: Section 24
3: Principal Act amended
This Act amends the Protection of Personal and Property Rights Act 1988 2008-09-25 Protection of Personal and Property Rights Act 1988 2007-09-26 s24 Protection of Personal and Property Rights Act 1988
1: Miscellaneous amendments
4: Persons who may apply for exercise of Court's jurisdiction
Section 7 paragraph (f)
f: where the exercise of the Court's jurisdiction is sought in respect of any person who is a patient or a resident in any place that provides hospital care, rest home care, or residential disability care within the meaning of the Health and Disability Services (Safety) Act 2001 .
5: Persons who may apply for exercise of Court's jurisdiction
Section 26 paragraph (g)
g: where the exercise of the Court's jurisdiction is sought in respect of any person who is a patient or a resident in any place that provides hospital care, rest home care, or residential disability care within the meaning of the Health and Disability Services (Safety) Act 2001 .
2: Amendments relating to enduring powers of attorney
6: New sections 93A and 93B inserted
The following sections are inserted after the Part 9
93A: Purpose of this Part
1: The purpose of this Part is to enable a person (the donor
a: grant to another person an enduring power of attorney to act in relation to the donor's personal care and welfare if the donor becomes mentally incapable:
b: grant to another person or persons enduring powers of attorney to act in relation to the donor's property affairs—
i: if the donor becomes mentally incapable; or
ii: while the donor is mentally capable and if the donor becomes mentally incapable:
c: grant to another person an enduring power of attorney to act in both capacities.
2: Accordingly, this Part—
a: states the requirements for creating an enduring power of attorney:
b: defines when a donor is mentally incapable for the purposes of this Part:
c: states the duties of an attorney (in addition to those set out in the enduring power of attorney):
d: sets out the Court's jurisdiction in respect of an enduring power of attorney:
e: provides for the review by the Court of any decision of an attorney:
f: establishes the circumstances in which an enduring power of attorney may be suspended or revoked.
93B: Presumption of competence
1: For the purposes of this Part, every person is presumed, until the contrary is shown,—
a: to be competent to manage his or her own affairs in relation to his or her property:
b: to have the capacity—
i: to understand the nature of decisions about matters relating to his or her personal care and welfare; and
ii: to foresee the consequences of decisions about matters relating to his or her personal care and welfare or of any failure to make such decisions; and
iii: to communicate decisions about those matters.
2: A person must not be presumed to lack the competence described in subsection (1)(a)
3: A person must not be presumed to lack the capacity described in subsection (1)(b)
4: A person must not be presumed to lack the competence described in subsection (1)(a) subsection (1)(b) Mental Health (Compulsory Assessment and Treatment) Act 1992
7: New sections 94 and 94A substituted
Section 94
94: Interpretation
1: For the purposes of this Part, the donor of an enduring power of attorney is mentally incapable in relation to property if the donor is not wholly competent to manage his or her own affairs in relation to his or her property.
2: For the purposes of this Part, the donor of an enduring power of attorney is mentally incapable in relation to personal care and welfare if the donor—
a: lacks the capacity—
i: to make a decision about a matter relating to his or her personal care and welfare; or
ii: to understand the nature of decisions about matters relating to his or her personal care and welfare; or
iii: to foresee the consequences of decisions about matters relating to his or her personal care and welfare or of any failure to make such decisions; or
b: lacks the capacity to communicate decisions about matters relating to his or her personal care and welfare.
3: Nothing in subsection (1) or (2)
4: In this Part— health practitioner
a: has the meaning given to it by section 5(1) of the Health Practitioners Competence Assurance Act 2003
b: in the case of a certificate of mental incapacity issued outside New Zealand, means a person registered as a medical practitioner by the competent authority of the State concerned lawyer section 6 of the Lawyers and Conveyancers Act 2006 prescribed form relevant health practitioner
a: whose scope of practice includes the assessment of a person's mental capacity; or
b: whose scope of practice—
i: includes the assessment of a person's mental capacity; and
ii: is specified in the enduring power of attorney (for example, a specialist).
94A: Creation of enduring power of attorney
1: This section applies only to a power of attorney executed after the commencement of section 7 of the Protection of Personal and Property Rights Amendment Act 2007
2: The instrument creating an enduring power of attorney—
a: must be in the prescribed form; and
b: must have attached to it the certificate referred to in subsection (7)
3: The instrument must be signed—
a: by the donor, or by some other person in the presence of the donor and by the direction of the donor; and
b: by the attorney (or if more than one, by each attorney).
4: The signature of the donor must be witnessed by a person who, subject to subsection (8)
a: a lawyer; or
b: an officer or employee of a trustee corporation authorised by the corporation for the purposes of this subsection; or
c: a legal executive who meets the requirements of subsection (9)
5: The signature of an attorney must be witnessed by a person other than the donor or the donor's witness.
6: Before the donor signs the instrument, the witness to the donor's signature must explain the effects and implications of the enduring power of attorney to the donor, and advise the donor of—
a: the matters referred to in the notes to the prescribed form of power of attorney:
b: the donor's right to suspend or revoke the power of attorney:
c: in the case of a power of attorney in relation to property,—
i: the donor's right to appoint more than one attorney, or a trustee corporation, as attorney; and
ii: the donor's right to stipulate whether and, if so, how the attorney's dealings with the donor's property are to be monitored.
7: The witness to the donor's signature must certify on the prescribed form that—
a: the requirements of subsection (6)
b: the witness has no reason to suspect that the donor was or may have been mentally incapable at the time the donor signed the instrument; and
c: the witness is independent of the attorney (or of each attorney) or that subsection (8)(a) or (b)
8: Despite subsection (4)
a: if the attorney is a trustee corporation, an officer or employee of that corporation authorised by the corporation for the purposes of this subsection may witness the donor's signature:
b: if the attorney is appointed in his or her capacity as a lawyer, another lawyer in the attorney's firm or a legal executive in that firm who meets the requirements of subsection (9)
9: A legal executive who witnesses the donor's signature—
a: must be a member of the body that, immediately before the commencement of section 7 of the Protection of Personal and Property Rights Amendment Act 2007
b: must hold a current annual registration certificate issued by that body; and
c: must have at least 12 months' experience as a legal executive; and
d: must be employed by, and under the direct supervision of, a lawyer.
8: When power of attorney is an enduring power of attorney
1: Section 95 subsection (1)
1: Except as otherwise provided in this section, a power of attorney that meets the requirements of section 94A
2: Section 95 subsection (2)
2: A power of attorney purporting to be an enduring power of attorney has effect even though it is not in the prescribed form, but only if—
a: no prescribed provision is substantially omitted; and
b: the differences are immaterial.
9: Enduring power of attorney in relation to property
Section 97
4: A donor of an enduring power of attorney may—
a: authorise the enduring power of attorney to have effect while the donor is mentally capable and to continue to have effect if the donor becomes mentally incapable; or
b: authorise the enduring power of attorney to have effect only if the donor becomes mentally incapable.
5: If subsection (4)(b)
10: New section 97A inserted
The following section is inserted after section 97
97A: Exercise of enduring power of attorney in relation to property
1: This section applies to an attorney acting under an enduring power of attorney in relation to the donor's property if the donor of the power becomes mentally incapable.
2: The paramount consideration of the attorney is to use the donor's property in the promotion and protection of the donor's best interests, while seeking at all times to encourage the donor to develop the donor's competence to manage his or her own affairs in relation to his or her property.
3: This section applies regardless of whether the enduring power of attorney is of the type referred to in section 97(4)(a) or (b)
11: Enduring power of attorney in relation to personal care and welfare
1: Section 98 subsection (3)
3: The attorney—
a: must not act in respect of a significant matter relating to the donor's personal care and welfare unless a relevant health practitioner has certified, or the Court has determined, that the donor is mentally incapable; and
b: must not act in respect of any other matter relating to the donor's personal care and welfare unless the attorney believes on reasonable grounds that the donor is mentally incapable.
3A: For the purposes of subsection (3)
a: at the time a decision about the matter relating to the donor's personal care and welfare is being made or is proposed to be made; and
b: in relation to the personal care and welfare matter concerned.
3B: Despite subsection (3A)
a: if the donor is certified as mentally incapable because of a health condition that is likely to continue indefinitely, no further certificates are required under subsection (3)(a)
b: if the donor is certified as mentally incapable because of a health condition that is likely to continue for a period specified in the certificate, no further certificates are required under subsection (3)(a)
2: Section 98
6: In subsection (3)(a) significant matter relating to the donor's personal care and welfare
12: New section 98A inserted
The following section is inserted after section 98
98A: Exercise of enduring power of attorney in relation to personal care and welfare
1: This section applies to an attorney acting under an enduring power of attorney in relation to the donor's personal care and welfare.
2: The paramount consideration of the attorney is the promotion and protection of the welfare and best interests of the donor, while seeking at all times to encourage the donor to develop and exercise his or her capacity to—
a: understand the nature and foresee the consequences of decisions relating to his or her personal care and welfare; and
b: communicate such decisions.
3: Without limiting the generality of subsection (2)
a: encourage the donor to act on his or her own behalf to the greatest extent possible; and
b: seek to facilitate the integration of the donor into the community to the greatest extent possible.
4: When deciding any matter relating to the donor's personal care and welfare, the attorney must give due consideration to the financial implications of that decision in respect of the donor's property.
13: Both kinds of power may be given
Section 99 subsection (2)
2: If subsection (1)(b)
3: Subsection (2)
a: the enduring power of attorney; and
b: any direction of the Court under section 101
14: New sections 99A to 99D inserted
The following sections are inserted after section 99
99A: Attorney's duty to consult
1: When acting under an enduring power of attorney, the attorney must, as far as is practicable, consult—
a: the donor; and
b: in relation to any particular matter, any person specified in the enduring power of attorney to be consulted, generally, in respect of matters of that kind, or in respect of that matter.
2: An attorney acting under an enduring power of attorney in relation to the donor's personal care and welfare may, subject to any consultation under subsection (1) section 98(4)
3: The attorney may follow any advice given under subsection (1)
4: The attorney may apply to a court for directions under section 101 subsection (1)
5: The attorney is not liable in respect of anything done or omitted to be done in accordance with the Court's directions.
6: Nothing in subsection (4)
7: If a donor has, under an enduring power of attorney, appointed one attorney in relation to his or her property and another attorney in relation to his or her personal care and welfare, both attorneys must consult each other regularly to ensure that the donor's interests are not prejudiced through any breakdown in communication between them.
99B: Attorney must provide information on exercise of powers
An attorney must promptly comply with any request for information relating to the exercise of the attorney's powers under the enduring power of attorney if—
a: the person requesting the information is specified in the enduring power of attorney as a person to be provided with such information and the information requested is the kind of information specified in the enduring power of attorney to be provided to that person:
b: the person requesting the information is a barrister or solicitor appointed under section 65 section 99C
99C: Attorney as to property must keep records
1: An attorney under an enduring power of attorney in relation to a donor's property must keep records of each financial transaction entered into by the attorney under the enduring power of attorney while the donor is mentally incapable.
2: An attorney who fails without reasonable excuse to comply with subsection (1)
99D: Medical certification of incapacity
1: A certificate of the donor's mental incapacity under this Part must be—
a: in the prescribed form; or
b: if the certificate is issued outside New Zealand, in a form acceptable to the competent authority of the State concerned.
2: The donor may specify in an enduring power of attorney that the assessment of his or her mental capacity for the purposes of this Part be undertaken by a health practitioner with a specified scope of practice, but only if the scope of practice specified includes the assessment of a person's mental capacity.
3: The cost of any medical assessment or examination reasonably required for the purpose of certifying whether the donor is mentally incapable under this Part is recoverable as a debt from the donor's property.
15: New section 100A inserted
The following section is inserted after section 100
100A: Suspension of attorney's power to act
1: A donor of an enduring power of attorney who has been, but is no longer, mentally incapable may suspend the attorney's authority to act under the enduring power of attorney by giving written notice to the attorney.
2: An attorney whose authority is suspended may not act under the enduring power of attorney unless a relevant health practitioner has certified, or the Court has determined, that the donor is mentally incapable.
3: The suspension does not revoke the enduring power of attorney.
4: Nothing in this section affects the donor's right to revoke the enduring power of attorney while the donor is mentally capable.
16: Court's jurisdiction in respect of enduring power of attorney
1: Section 102(2)(c)(v) section 99(2)
2: Section 102(2) paragraph (g)
ga: authorise the attorney to make any loan or advance of the donor's property subject to—
i: any conditions that the Court considers appropriate; and
ii: any conditions or restrictions contained in the instrument: .
3: Section 102(2)
j: authorise an attorney acting under an enduring power of attorney in relation to a donor's property to execute a will for and on behalf of the donor if the Court is satisfied that—
i: the donor lacks testamentary capacity; and
ii: there is no express provision to the contrary in the enduring power of attorney.
4: Section 102 subsection (2)
2A: For the purposes of any application for the exercise of the Court's jurisdiction under subsection (2)(j), section 55
17: New section 102A inserted
The following section is inserted after section 102
102A: Persons who may apply for exercise of Court's jurisdiction
An application to a court for the exercise of its jurisdiction under section 102 or 105
a: any person listed in section 103(1)
b: any other person with the leave of the Court.
18: New sections 103 to 103C substituted
Section 103
103: Review of attorney's decisions
1: Any of the following people may at any time apply to a court to review any decision made by an attorney acting under an enduring power of attorney while the donor is or was mentally incapable:
a: the donor of the enduring power of attorney:
b: a relative or attorney of the donor (not being the attorney whose decision is sought to be reviewed):
c: a social worker:
d: a medical practitioner:
e: a trustee corporation:
f: if the donor is a patient or a resident in any place that provides hospital care, rest home care, or residential disability care within the meaning of the Health and Disability Services (Safety) Act 2001
g: any welfare guardian who has been appointed for the donor:
h: a person authorised by a body or organisation contracted by the Government to provide elder abuse and neglect prevention services.
2: Any other person may apply for a review if the Court gives leave to do so.
3: For the avoidance of doubt, an application for review may be made while the enduring power of attorney is in force or after it is revoked by the death of the donor or otherwise.
4: The Court may, if it thinks it reasonable to do so in all the circumstances, review the decision and make any order it thinks fit.
5: An order under subsection (4)
103A: Validity of actions under power of attorney not meeting requirements of
section 94A or 95 The fact that a power of attorney is not an enduring power of attorney because of any failure to meet the requirements of section 94A or 95
a: any act of the attorney done under the power of attorney in good faith with no knowledge of the failure; or
b: any transaction entered into by the attorney under the power of attorney if the other party to the transaction entered into it in good faith and with no knowledge of the failure.
103B: Effect of attorney's decision on third parties
A person dealing with an attorney acting under an enduring power of attorney in respect of any matter within the power of attorney—
a: does not have to inquire about the concurrence or otherwise of the donor or any other person; and
b: is not affected by notice that the donor or any other person has not concurred.
103C: Effect of attorney's actions, etc, before notice of revocation or suspension received
1: This section applies, instead of section 20(1) to (4) section 18 of the Protection of Personal and Property Rights Amendment Act 2007 section 20(5)(b)
2: An enduring power of attorney continues in force until notice of an event revoking the power is received by the attorney.
3: The authority of an attorney to act under an enduring power of attorney continues in force until notice suspending that authority is received by the attorney.
4: Every act or thing within the scope of the enduring power of attorney done by or to the attorney in good faith before he or she receives notice of any event revoking the power of attorney has effect as if the event had not occurred.
5: Every act or thing within the scope of an enduring power of attorney done by or to the attorney in good faith before he or she receives notice that his or her authority to act under the power of attorney is suspended has effect as if the authority were not suspended.
6: A person dealing with the attorney may rely on a certificate of non-revocation and non-suspension of the enduring power of attorney in the prescribed form as conclusive proof of the non-revocation and non-suspension of the power of attorney as at the date of the certificate if—
a: the person—
i: is dealing with the attorney in good faith; and
ii: does not have actual knowledge that an event revoking the power of attorney has occurred, or that the attorney's authority to act under it has been suspended; and
b: the certificate—
i: is signed by the attorney or, if the attorney is a corporation, an officer or employee of the corporation authorised by the corporation for the purposes of this subsection; and
ii: is given immediately before, or any time after, the doing of a thing by the attorney.
7: A person who knowingly gives a false certificate commits an offence and is liable on summary conviction to a fine not exceeding $5,000.
8: An event revoking the power of attorney section 106(1) When compiling, remove <insertwords> tags from 103C(1) in PPPR Act; they will be irrelevant and inaccurate in that enactment. Section 18 amended 1 January 2008 section 364(1) Property Law Act 2007
19: Disclaimer by attorney
1: Section 104 subsection (2)
2: If the donor is mentally incapable, the attorney must file with the notice a report stating—
a: that the attorney considers it is in the interests of the donor that a welfare guardian be appointed in relation to the donor's personal care and welfare, or a property manager be appointed in relation to the donor's property; or
b: that the attorney considers it is not necessary that a welfare guardian or property manager be appointed, and why the attorney considers it not necessary.
2: Section 104(3) section 7 or section 26 of this Act section 103
20: Court may revoke appointment of attorney
Section 105 subsection (1)
1: The Court may, in any proceeding commenced under section 101, 102A, or 103
a: is not acting, or proposes not to act, in the best interests of the donor; or
b: is failing, or has failed, to comply with any of the attorney's obligations under section 99A or 99B
1A: In any proceedings commenced under section 101 or 102
21: Circumstances in which enduring power of attorney shall cease to have effect
Section 106(1)(a) , by notice in writing to the attorney, donor
22: New section 107 substituted
Section 107
107: Attorney's power to benefit self and others
1: An attorney under an enduring power of attorney must not, at any time while the donor is mentally incapable, act to the benefit of the attorney or of a person other than the donor, or recover any expenses from the donor's property, unless and only to the extent that—
a: the donor has specified a power to so act in the enduring power of attorney; or
b: the Court authorises the attorney to so act in an order under section 102(2)(g) or (ga)
c: the attorney's actions relate to one or more of the following matters and the enduring power of attorney does not expressly provide otherwise:
i: if the attorney and donor are married to, or in a civil union or de facto relationship with, each other, and are living together and sharing their incomes, any action taken by the attorney in respect of real or personal property that the donor and the attorney own jointly and not as tenants in common:
ii: any payments of a kind described in subsection (2)
iii: if acting under an enduring power of attorney in relation to the donor's property, any loan or advance or other investment of the donor's property that a trustee could make of trust funds under section 13A of the Trustee Act 1956
2: The payments referred to in subsection (1)(c)(ii)
a: out-of-pocket expenses (other than lost wages or remuneration) reasonably incurred by an attorney; or
b: professional fees and expenses reasonably incurred by an attorney who—
i: has accepted appointment in a professional capacity; or
ii: has undertaken work in any professional capacity to give effect to the decisions taken under the enduring power of attorney.
23: New sections 108AA and 108AAB inserted
The following sections are inserted after section 108
108AA: Enduring powers of attorney created before Protection of Personal and Property Rights Amendment Act 2007
1: In this section, commencement date section 23 of the Protection of Personal and Property Rights Amendment Act 2007
2: If an enduring power of attorney is executed but not effective before the commencement date,—
a: section 94A
b: section 95(1) and (2)
3: If an enduring power of attorney is effective before the commencement date,—
a: sections 94A and 107
b: sections 95(1), (2), and 107
108AAB: Review of Protection of Personal and Property Rights Amendment Act 2007
1: The Minister of State for the time being responsible for senior citizens must, as soon as practicable, 5 years after the commencement of section 23 of the Protection of Personal and Property Rights Amendment Act 2007
a: review the effectiveness of the amendments to this Act made by the Protection of Personal and Property Rights Amendment Act 2007; and
b: consider whether any amendments to this Act are necessary or desirable; and
c: prepare a report on the findings.
2: The Minister must present a copy of the report to the House of Representatives no later than 6 years after the commencement of section 23 of the Protection of Personal and Property Rights Amendment Act 2007
24: Regulations
Section 112 paragraph (b)
ba: prescribing forms for enduring powers of attorney for the purposes of Part 9
bb: prescribing forms for certificates for the purposes of the witnessing requirements in section 94A(7)
bc: prescribing forms for certificates for the purposes of any medical examination or assessment under Part 9
bd: prescribing forms that may be used for the suspension and revocation of enduring powers of attorney for the purposes of Part 9
be: prescribing the form for the certificate of non-revocation and non-suspension of the enduring power of attorney for the purposes of section 103C(6) .
25: Schedule 3 repealed
Schedule 3
26: Consequential amendment to
section 20 of Property Law Act 2007 Section 20 of the Property Law Act 2007 5 If the power of attorney is an enduring power of attorney within the meaning of Part 9 of the Protection of Personal and Property Rights Act 1988
a: section 103C of that Act subsections (1) to (4)
b: if a certificate of non-revocation of the power of attorney was given in respect of the enduring power of attorney before the commencement of section 18 of the Protection of Personal and Property Rights Amendment Act 2007 subsections (1) to (4) section 103C of the Protection of Personal and Property Rights Act 1988 2008-09-25 s 20 Section 26 heading amended 1 January 2008 section 364(1) Property Law Act 2007 Section 26 amended 1 January 2008 section 364(1) Property Law Act 2007 |
DLM408544 | 2007 | Social Security Amendment Act 2007 | 1: Title
This Act is the Social Security Amendment Act 2007.
2: Commencement
1: Part 1 1 to 3
2: Sections 12 13 2 3
3: Part 2 4 5
4: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Social Security Act 1964
1: Provisions coming into force on 28 May or 2 July 2007
Substantive amendments
4: Interpretation
1: Section 3(1) employment required to satisfy the work test activity in the community employment required to satisfy the work test section 102(4) .
2: The following subsection is added to section 3
6: The definition of income subsection (1) section 132H
5: Widows' benefits
Section 21 subsections (3) to (6)
6: For the purposes of this section, the chief executive may, in the chief executive's discretion, regard a dependent child as being a child of an applicant, and the applicant as being the mother of the child, if—
a: the child—
i: is being maintained by the applicant; and
ii: was at any time maintained by the applicant's husband; or
b: section 28(a) or 29(b)
c: the child's parents are unwilling to support the child because of circumstances the chief executive considers exceptional.
6: Interpretation
Section 27A subsections (1) to (3)
3: For the purposes of sections 27B to 27D and Schedule 16
a: the child—
i: is being maintained by the applicant; and
ii: was at any time maintained by the applicant's spouse or partner; or
b: section 28(a) or 29(b)
c: the child's parents are unwilling to support the child because of circumstances the chief executive considers exceptional.
7: Domestic purposes benefits for care at home of the sick or infirm
Section 27G subsection (2)
2: Subject to the provisions of this Act, an applicant who has attained the age of 16 years and meets the residential requirements in section 74AA
a: hospital care, rest home care, or residential disability care, within the meaning of the Health and Disability Services (Safety) Act 2001
b: care of the kind referred to in section 141 of the Children, Young Persons, and Their Families Act 1989
c: care of a kind equivalent to any of those kinds of care.
2A: An applicant aged 16 or 17 years must not be granted a domestic purposes benefit under this section unless the chief executive is satisfied, having regard to the circumstances of the applicant, the person he or she is giving care and attention to, and their families, that no other caregiver is reasonably available to care for the other person.
8: Independent youth benefits: single persons
Section 60FA(2) paragraph (b)
ba: because the person has ceased to be subject to—
i: an agreement made under section 140 of the Children, Young Persons, and Their Families Act 1989
ii: an order under section 78, 101, or 283(n) of that Act
iii: a sole guardianship order under section 110 of that Act .
9: Limitation in certain other cases
Section 74 subsection (1)
1A: Subsection (1)(d) section 132I
10: New section 74AA inserted
1: The following section is inserted after section 74
74AA: Residential requirements for certain benefits
1: A person who applies for a benefit of a kind stated in subsection (2)
a: is a New Zealand citizen, or is a person who—
i: holds or is deemed to hold a residence permit under the Immigration Act 1987
ii: is exempt from holding a residence permit under section 12 of that Act
b: is ordinarily resident in New Zealand when he or she first applies for the benefit; and
c: except in the case of a person who has refugee status under the Immigration Act 1987 paragraph (a)
2: The benefits referred to in subsection (1)
2: The principal Act is consequentially amended in the manner set out in Schedule 1
11: Commencement of benefits
1: Section 80 subsection (2)
2: A benefit is subject to a stand down, and commences on a date calculated in accordance with section 80BA
a: the benefit is a work-tested benefit (other than an independent youth benefit granted to a person undertaking employment-related training) and the applicant is not subject to a non-entitlement period; or
b: the benefit is a widow's benefit, a domestic purposes benefit, a sickness benefit, or an invalid's benefit.
2: Section 80(3) unless subsection (11)
3: Section 80(5)(b) , an independent youth benefit, an invalid's benefit, a sickness benefit, or an unemployment benefit purposes benefit
4: Subsections (9) (11) (12)
12: New section 80AA inserted
1: The following section is inserted after section 80
80AA: Minister may allow back-dating of benefit where earlier failure to grant it based on error
1: With the consent of the Minister (given in relation to a particular applicant or applicants of a stated kind or description) a benefit (or a benefit of a stated kind) may commence at a time earlier than the time an application for it was made.
2: The Minister must not give consent unless satisfied that—
a: in the case of a particular applicant, the particular applicant—
i: could not reasonably have been expected to apply at the earlier time because of some erroneous action or inaction on the part of the department; or
ii: at or before the earlier time, tried to apply or applied incompletely, and did not proceed because of some erroneous action or inaction on the part of the department; or
b: in the case of applicants of a stated kind or description,—
i: applicants of that kind or description could not reasonably have been expected to apply at earlier times because of some erroneous action or inaction on the part of the department in relation to applicants of that kind or description; or
ii: at earlier times, some applicants of that kind or description tried to apply or applied incompletely, and did not proceed because of some erroneous action or inaction on the part of the department.
3: For the purposes of subsection (2)
a: giving wrong advice:
b: erroneously failing or refusing to provide information, help, or some document or form.
4: Consent given under subsection (1)
5: Subsection (1)
6: If the Minister delegates to the chief executive the exercise of the power to consent conferred by subsection (1) section 12J
2: The enactments specified in Schedule 2
13: Payment of benefits
1: The following subsection is inserted after section 82(2)
2A: The following benefits are paid in respect of a 7-day week: a domestic purposes benefit, an independent youth benefit, an invalid's benefit, a sickness benefit, an emergency benefit, an unemployment benefit, and a widow's benefit.
2: The principal Act is amended in the manner set out in Schedule 3
14: Interpretation
1: Section 88A
a: repealing the definition of activity in the community
b: omitting an activity in the community or recognised community activity
2: Section 123C(1)
a: omitting or an activity in the community paragraph (a)
b: inserting or activity in the community activity paragraph (b)
15: New sections 132H and 132I inserted
The following sections are inserted after section 132G
132H: Rules providing for determination of incomes of certain people by chief executive
1: The Governor-General may, by Order in Council, make rules—
a: prescribing how the chief executive is to assess and determine for the purposes of this Act the income of any or all of the following:
i: self-employed people:
ii: people carrying on business in a partnership:
iii: people trading as a small business:
iv: directors of a company:
v: people carrying on business or trade through a company of which they are—
A: a director and a shareholder; or
B: an employee and a shareholder; or
C: a director, a shareholder, and an employee:
vi: people otherwise engaged in business or trade; and
b: prescribing the circumstances in which those rules apply.
2: Rules under subsection (1)
a: the kinds of deduction from income allowed under the Income Tax Act 2004
i: the circumstances in which the deductions are to be disregarded; and
ii: whether the deductions are to be disregarded wholly or in part only:
b: how income is to be calculated where business accounts are presented in cash or accrual form:
c: livestock valuation methods, and their treatment, in calculating income:
d: the extent (if any) to which, and circumstances in which, any or all of the following are to be treated as a person's income:
i: the person's drawings from a business or trade:
ii: goods or services supplied to the person by a business or trade:
iii: distributions to the person from a business or trade:
iv: income from a business or trade by the person:
e: how it is to be determined whether a person has used assets of a business or trade for no consideration or inadequate consideration:
f: how a person's income is to be determined where he or she has used assets of a business or trade for no consideration or inadequate consideration:
g: the extent (if any) to which depreciation or other provision for replacement of capital assets is to be—
i: allowed as a deduction from income; or
ii: disregarded in calculating income:
h: the extent (if any) to which, and circumstances in which, either or both of the following are to be treated as income:
i: distributions from a company:
ii: retained profits of a company:
i: the treatment of loss attributing qualifying companies (within the meaning of the Income Tax Act 2004
3: Subsection (2)(d)
4: Subsection (3) subsection (1)
5: This section does not limit or affect the generality of section 132
132I: Rules relating to determination by chief executive of deprivation of property or income
1: The Governor-General may, by Order in Council, for the purposes of section 74(1)(d)
a: relating to the deprivation of property, income, or both; and
b: prescribing the circumstances in which the rules apply.
2: This section does not limit or affect the generality of section 132
16: Schedule 28 amended
1: Item 1 of Schedule 28
a: repealing paragraphs (b) to (i); and
b: omitting from paragraph (j) 10 2
2: Item 2 of Schedule 28
a: repealing paragraphs (b) to (i); and
b: omitting from paragraph (j) 10 2 Transitional
17: Widows' benefits
If, immediately before the commencement of section 5
18: Domestic purposes benefits
1: If, immediately before the commencement of section 6
2: If, immediately before the commencement of section 7
19: Stand down periods
1: This subsection applies to a benefit if—
a: it was granted before 28 May 2007; and
b: by virtue of section 80BA subsection (2)
2: A benefit to which subsection (1)
a: 28 May 2007:
b: the day on which it would have commenced if sections 11(3) 16
20: Transitional arrangements for financially disadvantaged people
1: The Governor-General may, by Order in Council, make regulations authorising the provision of financial assistance to any people who are financially disadvantaged as a result of the net effects of the amendments made by this Act.
2: The regulations must state the day on and after which they have effect (which may be earlier than the day on which they were made).
3: The chief executive may provide financial assistance of the kind prescribed by the regulations to a person disadvantaged as a result of the net effects of the amendments made by this Act—
a: in the amount, for the period, and in accordance with the criteria, prescribed by the regulations; and
b: in accordance with any other requirements imposed by the regulations.
4: After it has initially been granted, financial assistance provided under the regulations must for the purposes of the principal Act be treated as a benefit; and the principal Act applies accordingly.
5: A decision or determination made by the chief executive under the regulations is a decision or determination for the purposes of section 12J(1) Validation
21: Commencement of benefits
The validity of the making of a payment of an independent youth benefit before the commencement of section 11 subsection (1)
2: Provisions coming into force on 24 September 2007
22: Interpretation
1: Section 3(1) application part-time work-tested beneficiary suitable employment application date of first contact part-time work-tested beneficiary
a: who is a work-tested spouse or partner; and
b: whose youngest dependent child is aged 6 years or older, but under 18 years suitable employment section 60GAB . 2007-09-24 Section 3(1) application Section 3(1) date of first contact Section 3(1) part-time work-tested beneficiary Section 3(1) suitable employment
2: Section 3(1)
a: paragraph (e) work-tested beneficiary 2007-09-24 Section 3(1) work-tested beneficiary
b: paragraph (d) work-tested benefit 2007-09-24 Section 3(1) work-tested benefit
23: New sections 1A and 1B inserted
The following sections are inserted after section 1
1A: Purpose
The purpose of this Act is—
a: to enable the provision of financial and other support as appropriate—
i: to help people to support themselves and their dependants while not in paid employment; and
ii: to help people to find or retain paid employment; and
iii: to help people for whom work may not currently be appropriate because of sickness, injury, disability, or caring responsibilities, to support themselves and their dependants:
b: to enable in certain circumstances the provision of financial support to people to help alleviate hardship:
c: to ensure that the financial support referred to in paragraphs (a) and (b)
i: that where appropriate they should use the resources available to them before seeking financial support under this Act; and
ii: any financial support that they are eligible for or already receive, otherwise than under this Act, from publicly funded sources:
d: to impose administrative and, where appropriate, work-related requirements on people seeking or receiving financial support under this Act.
1B: Principles
Every person exercising or performing a function, duty or power under this Act must have regard to the following general principles:
a: work in paid employment offers the best opportunity for people to achieve social and economic well-being:
b: the priority for people of working age should be to find and retain work:
c: people for whom work may not currently be an appropriate outcome should be assisted to plan for work in the future and develop employment-focused skills:
d: people for whom work is not appropriate should be supported in accordance with this Act. 2007-09-24 Section 1A Section 1B
24: New section 11D inserted
The following section is inserted after section 11C
11D: Application process for benefits
1: A benefit must not be granted to an applicant unless the requirement stated in subsection (2)
2: The requirement referred to in subsection (1)
a: an application form (provided by the chief executive for the purpose) completed by or on behalf of the applicant and his or her spouse or partner (if any) to the chief executive's satisfaction; and
b: any supporting evidence (for example, a medical certificate) reasonably required by the chief executive.
3: The form referred to in subsection (2)(a)
4: The receipt by the department of a completed application form relating to a benefit of one kind is sufficient compliance with subsection (2)(a)
5: The chief executive—
a: may waive all or part of a requirement to provide information under this section if satisfied that the department—
i: already holds the information concerned; or
ii: already holds enough other information to determine the matter for which the information concerned is needed; and
b: may waive the requirement to complete an application form if satisfied that the department already holds a form relating to an application that has lapsed under subsection (8)
6: Subsection (1) subsection (5) section 81(3)
7: If the requirement stated in subsection (2) sections 80 and 80BA
8: An application for a benefit lapses at the close of the period of 20 working days after the date of first contact (as from time to time extended under subsection (10) subsection (2)
9: Subsection (8) section 19 of the Social Welfare (Transitional Provisions) Act 1990
10: Before or after the expiration of the period referred to in subsection (8) subsection (2)
11: The combined effect of subsections (1) and (8)
12: This section is subject to section 96A 2007-09-24 Section 11D
25: Investigation of claims and grant of benefits
Section 12 subsection (1)
1AA: If he or she thinks an investigation into an application for a benefit of kind A is unlikely to be completed quickly (for example, because of the need to obtain further medical evidence), the chief executive may grant the applicant a benefit of kind B to which the applicant is entitled, on the basis that a benefit of kind A will be granted retroactively if it becomes apparent that the applicant is entitled to a benefit of kind A; and in that case, if (when the investigation has been completed) it becomes apparent that the applicant is in fact entitled to a benefit of kind A, the chief executive may—
a: grant the applicant a benefit of kind A commencing on the date on which it would have commenced if the investigation had been completed before the benefit of kind B was granted; and
b: terminate the benefit of kind B on that date. 2007-09-24 Section 12(1AA)
26: Obligations on spouse or partner of invalid's beneficiary
Section 42A(2)
2: A person to whom this section applies—
a: must comply with—
i: a requirement under section 60Q
ii: any other obligation arising under any of sections 60Q to 60S
b: if he or she is a work-tested spouse or partner, must comply with the work test. 2007-09-24 Section 42A(2)
27: New section 54E substituted
Section 54E
54E: Obligations of spouse or partner of sickness beneficiary
From the time that payment of the sickness benefit commences, the spouse or partner of a person granted a sickness benefit at a work-test married rate—
a: must comply with—
i: a requirement under section 60Q
ii: any other obligation arising under any of sections 60Q to 60S
b: if he or she is a work-tested spouse or partner, must comply with the work test. 2007-09-24 Section 54E
28: New sections 60GAB and 60GAC inserted
1: The following sections are inserted after section 60GAA
60GAB: Independent youth benefits: obligations
1: A person granted an independent youth benefit is subject to the obligations set out in subsection (2) or (3)
2: Unless subsection (3)
a: when required by the chief executive, to participate, for at least 30 hours a week and not more than 40 hours a week, in any approved activities the person has previously agreed in writing to undertake; or
b: to be available for, and take reasonable steps to obtain, full-time employment, to the satisfaction of the chief executive.
3: The obligations of a person granted an independent youth benefit on the grounds stated in section 60F(6)
4: A failure without good and sufficient reason to comply with obligations under this section is subject to sanctions, as provided in section 115A
5: In this section— approved activity
a: attending and participating in education or employment-related training; or
b: taking reasonable steps to obtain suitable employment, including attending and participating in any interview for any opportunity of suitable employment to which the person is referred by the chief executive, and undertaking work-focused activities; or
c: attending and participating in an activity (other than activity in the community) intended to develop the person's capabilities for employment, including a social rehabilitation programme; or
d: attending and participating in skills training; or
e: a combination of any of the activities described in paragraphs (a) to (d) work-focused activity
a: attending and participating in an employment-related seminar provided by the department, or by any other person approved by the chief executive for the purpose:
b: attending and participating in an interview for an opportunity of suitable employment to which the person concerned is referred by the chief executive:
c: attending and participating in employment-related training approved by the chief executive for the purpose:
d: attending and participating in an interview with an officer of the department:
e: completing any self-assessment or planning required by the chief executive.
60GAC: Department to explain obligations to beneficiaries
The chief executive must take reasonable and appropriate steps to make every person granted an independent youth benefit aware, as soon as is practicable after the benefit is granted, of—
a: his or her obligations under section 60GAB
b: the consequences of failure to comply with the obligations and, in particular, the sanctions that may be imposed under section 115A 2007-09-24 Sections 60GAB and 60GAC
2: Section 60F(3)(c) 2007-09-24 Section 60F(3)(c)
3: Sections 77(2) (3) an independent youth benefit, or invalid's benefit, for a work-tested beneficiary or an invalid's benefit, for a work-tested beneficiary, or an independent youth benefit 2007-09-24 Section 77(2) and (3)
29: Purpose of sections 60Q to 60Z
1: Section 60P(a) , and the spouses and partners (other than work-tested spouses or partners) of emergency, invalids', sickness, and unemployment beneficiaries, widows' beneficiaries 2007-09-24 Section 60P(a)
2: Section 60P paragraph (a)
ab: to facilitate the movement of invalids' beneficiaries and sickness beneficiaries into employment as their disability-related or medical conditions, and circumstances, allow: . 2007-09-24 Section 60P(ab)
30: Personal development and employment plans
1: Section 60Q(1) paragraphs (a) to (c)
a: to attend and participate in one or more interviews with the chief executive for any or all of the following purposes:
i: identifying the matters referred to in subsection (2)
ii: carrying out any of the activities referred to in any of paragraphs (ab) to (d)
iii: any other purpose related to either of those purposes:
ab: to undertake planning for personal development and employment:
b: to develop, in co-operation with and with the assistance of the chief executive, a personal development and employment plan for the person based on the matters referred to in subsection (2)
c: to co-operate with the chief executive in the conduct of any review of the person's personal development and employment plan under section 60S
ca: to undertake a work-related activity or programme included in the person's personal development and employment plan:
cb: to undertake any activity or any rehabilitation (other than an activity or rehabilitation involving participation in work, voluntary work, activity in the community, or unpaid work experience, or medical treatment) the chief executive considers suitable for the beneficiary to improve the beneficiary's work-readiness or prospects for employment: . 2007-09-24 Section 60Q(1)(a), (ab), (b), (c), (ca) and (cb)
2: The following subsections are inserted in section 60Q subsection (3)
3A: A person—
a: cannot be required to include in his or her personal development and employment plan provisions relating to his or her undertaking activity in the community; and
b: cannot be required under subsection (1)
3B: Subsection (3A)(a) 2007-09-24 Section 60Q(3A) and (3B)
3: Section 60Q(6)
6: This section applies to every person (other than a person for the time being exempted under subsection (7)
a: is the recipient of—
i: a benefit under section 21
ii: a benefit under section 27B
iii: a benefit under section 27C
iv: a benefit under section 40
v: a benefit under section 54
b: is the spouse or partner of a person who—
i: is the recipient of an emergency benefit, an invalid's benefit, a sickness benefit, or an unemployment benefit; and
ii: has a dependent child aged under 6.
7: The chief executive may, on the grounds of severe disability or sickness, exempt a person receiving an invalid's benefit from the application of this section. 2007-09-24 Section 60Q(6) and (7)
4: The principal Act is consequentially amended in the manner set out in Schedule 4 2007-09-24 Section 40(6) Section 45 Section 53A(1)(da) Section 54(7) Section 60R(3) and (4)
31: Beneficiary must demonstrate commitment to personal development and employment plan at annual review
1: The heading to section 60S annual 2007-09-24 Section 60S heading
2: Section 60S subsections (2) (3)
2: The chief executive may, at any reasonable time after the beneficiary's current personal development and employment plan was signed or last reviewed, review it with the beneficiary. 2007-09-24 Section 60S(2) and (3)
3: Section 60S(4) the annual any 2007-09-24 Section 60S(4)
4: Section 60S subsection (5)
5A: When considering whether a beneficiary has demonstrated commitment to the goals in their plan, the chief executive must not have any regard to whether the beneficiary has failed or refused to undertake activity in the community . 2007-09-24 Section 60S(5A)
5: Section 60S(6) 2007-09-24 Section 60S(6)
32: Failure to comply with personal development and employment plan obligations
1: Section 60U(1) paragraph (a)
ab: failed to comply with a request under section 60HA . 2007-09-24 Section 60U(1)(ab)
2: The following provisions are consequentially repealed:
a: paragraph (c) of the definition in section 3(1) non-entitlement period 2007-09-24 Section 3(1) non-entitlement period
b: section 116 2007-09-24 Section 116
33: Sanctions for failure to comply with obligations in relation to personal development and employment plan
Section 60Y subsection (1)
1A: A reduction under subsection (1)
a: in the case of an emergency benefit, an invalid's benefit, a sickness benefit, or an unemployment benefit, that is payable at the rate for a person who is married or in a civil union or de facto relationship, applies to only half the benefit (but the beneficiary's spouse or partner is, subject to the appropriate Income Test applied at half its abatement rate, entitled to receive the other half of the benefit); and
b: in any other case, applies to the whole of the benefit payable to the beneficiary. 2007-09-24 Section 60Y(1A)
34: Obligations of spouse or partner of person granted emergency benefit
Section 61A(2)
2: A person to whom this section applies—
a: must comply with—
i: a requirement under section 60Q
ii: any other obligation arising under any of sections 60Q to 60S
b: if he or she is a work-tested spouse or partner, must comply with the work test. 2007-09-24 Section 61A(2)
35: Effect of absence of beneficiary from New Zealand
Section 77(4) paragraph (b)
b: the person is in receipt of an invalid's benefit granted on the grounds of his or her sickness, injury, disability, or total blindness, and is absent from New Zealand in order to receive vocational training or disability assistance-dog training; and the chief executive is satisfied that—
i: the training is an activity, or is linked to a goal, included in the person's personal development and employment plan; and
ii: the person could not obtain the training in New Zealand during the period or periods of absence. 2007-09-24 Section 77(4)(b)
36: Commencement of benefits
Section 80(2)(a)
a: inserting or an independent youth benefit work-tested benefit
b: inserting or who is enrolled in a course of secondary instruction training 2007-09-24 Section 80(2)(a)
37: Ending of benefits
Section 80BD subsection (6)
6: A benefit or a rate of benefit payable to a sole parent ends 8 weeks after the beneficiary stops caring for the dependent child concerned if the beneficiary stops caring for the child because of a sudden change of circumstances beyond the beneficiary's control.
6A: A domestic purposes benefit under section 27G 2007-09-24 Section 80BD(6) and (6A)
38: New sections 96A and 96B inserted
The following sections are inserted before section 97
96A: Unemployment benefit: pre-benefit activities
1: This section applies to a person who contacts the department requesting financial assistance on or after the commencement of this section.
2: If the chief executive considers that the appropriate financial assistance for the person would be an unemployment benefit, the chief executive may (for the purpose stated in section 1A(a)(ii)
a: undertake one or more stated pre-benefit activities:
b: at any time before an unemployment benefit commences, attend and participate in any interview for an opportunity of suitable employment to which the person is referred by the chief executive:
c: at any time before an unemployment benefit commences, accept any offer of suitable employment (whether or not the offer results from an interview of the kind described in paragraph (b)
3: A requirement under subsection (2)
4: A pre-benefit activity stated under subsection (2)(a)
5: The chief executive is not required to investigate the person's claim for an unemployment benefit under section 12
6: Subsection (5)
7: If the person fails to undertake any required pre-benefit activities within 20 working days after the date of first contact, any application for an unemployment benefit the person has made lapses.
8: Subsection (7) section 11D(5)
9: This subsection applies to a person if the chief executive considers that he or she has, without a good and sufficient reason, failed to comply with a requirement under paragraph (b) or (c) of subsection (2)
10: If subsection (9)
a: refuse to grant the person an unemployment benefit; or
b: terminate any grant of unemployment benefit already made to the person.
11: This subsection applies to a person if—
a: his or her application for an unemployment benefit has lapsed under subsection (7)
b: he or she has been refused an unemployment benefit under subsection (10)(a)
c: his or her grant of unemployment benefit has been terminated under subsection (10)(b)
12: A person to whom subsection (11)
13: In this section, pre-benefit activity
a: means any of the following:
i: attending and participating in an employment related seminar provided by the department, or by any other person approved by the chief executive for the purpose:
ii: attending and participating in employment related training approved by the chief executive for the purpose:
iii: attending and participating in any interview with an officer of the department:
iv: completing any self-assessment or planning required by the chief executive:
v: any other activity specified in regulations under section 132J
b: does not include activity in the community.
96B: Department must explain obligations in relation to pre-benefit activities
The chief executive must take reasonable and appropriate steps to make every person on whom requirements are placed under section 96A(2)
a: the person's obligations in relation to the requirements; and
b: the consequences of failure to comply with the requirements. 2007-09-24 Sections 96A and 96B
39: Unemployment benefit: obligations on beneficiaries
Section 97(2)
2: From the time that payment of an unemployment benefit commences, the spouse or partner of a person granted an unemployment benefit at a work-tested married rate—
a: must comply with—
i: a requirement under section 60Q
ii: any other obligation arising under any of sections 60Q to 60S
b: if he or she is a work-tested spouse or partner, must comply with the work test. 2007-09-24 Section 97(2)
40: Application and obligations of the work test
1: Section 102(2) paragraphs (e) to (g)
da: to undertake planning for employment:
e: if required by the chief executive, to co-operate to the satisfaction of the chief executive in developing a job-seeker agreement and then to sign it; and
f: if required to by the chief executive, to include in the beneficiary's job-seeker agreement a job-seeker development activity that the chief executive considers is suitable for the beneficiary; and
g: once the person has signed a job-seeker agreement,—
i: to undertake the job-search activities set out in the agreement; and
ii: to undertake and complete any job-seeker development activity or recognised community activity described in the agreement (subject to the chief executive's taking reasonable steps to arrange for the person to undertake the activity); and
iii: to undertake and complete any other activities set out in the agreement; and
h: in the case of a beneficiary to whom subsection (2B) 2007-09-24 Section 102(2)(da), (e), (f), (g) and (h)
2: The following subsections are inserted after section 102(2)
2A: A person—
a: cannot be required to include in his or her job seeker agreement provisions relating to his or her undertaking activity in the community; and
b: cannot be required under subsection (1)
2B: Subsection (2)(h)
2C: This subsection applies to a work-tested beneficiary who—
a: has not been required to co-operate in developing a job-seeker agreement in accordance with subsection (2)(e)
b: has not signed, or has failed or refused to co-operate in developing or signing, a job-seeker agreement in accordance with subsection (2)(e) 2007-09-24 Section 102(2A), (2B) and (2C)
3: Section 102(3) or activity in the community activity 2007-09-24 Section 102(3)
4: Section 102(6)
6: A work test obligation set out in subsection (2)
a: the day is a day between Monday and Friday (inclusive); or
b: regulations under this Act provide (in relation to the obligation, obligations that include it, or all obligations) that it applies on that day of the week. 2007-09-24 Section 102(6)
41: Description of job-seeker agreement and responsibilities arising from it
Section 105A(1) and plan for obtaining employment statutory agreement 2007-09-24 Section 105A(1)
42: New section 115A inserted
1: The following section is inserted after section 115
115A: Failure to comply with obligations under section 60GAB
The sanctions stated in section 117 section 60GAB 2007-09-24 Section 115A
2: Section 117(1) 116 115A 2007-09-24 Section 117(1)
3: Section 119(2)
a: omitting 116 115A
b: inserting or other obligation imposed by this Act obligation 2007-09-24 Section 119(2)
4: Section 119(4) work test the appropriate work test obligation or other obligation imposed by this Act 2007-09-24 Section 119(4)
5: Section 122 116 115A 2007-09-24 Section 122
6: The principal Act is amended in the manner set out in Schedule 5 2007-09-24 Section 3(1) non-entitlement period Section 99(4)(ab) Section 122(b) Section 123(1)(b)(ia) and heading Section 123B(5)(a) Section 123C(1)
43: New section 120 substituted
Section 120
120: Modified effect in some cases of sanctions on rate of benefit for people married or in civil union or de facto relationship
1: If the suspension or cancellation under section 117
a: it applies to only half the applicable rate of the benefit before any abatement on account of income; and
b: the other spouse or partner is entitled to receive half of that rate (and the appropriate Income Test applies to that rate, but at half the abatement rate in that test).
2: If the suspension or cancellation under section 117
a: the suspension or cancellation applies to only half the applicable rate of the benefit before any abatement on account of income; and
b: the spouses or partners are entitled to receive half that rate (and the appropriate Income Test applies to that rate).
3: Section (2)(b) section 83 2007-09-24 Section 120
44: New section 132J inserted
The following section is inserted before section 133
132J: Regulations stating pre-benefit activities
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations stating pre-benefit activities for the purposes of section 96A
2: The Minister must not recommend the making of regulations under subsection (1)
a: increase the awareness of the people undertaking it of opportunities for employment; or
b: strengthen incentives for the people undertaking it to move into employment; or
c: facilitate the movement of the people undertaking it into employment.
3: This section does not limit section 132 2007-09-24 Section 132J |
LMS531209 | 2023 | Crimes (Child Exploitation Offences) Amendment Act 2023 | 1: Title
This Act is the Crimes (Child Exploitation Offences) Amendment Act 2023.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Crimes Act 1961 2023-04-13 Crimes Act 1961
4: New section 131AB inserted (Grooming for sexual conduct with young person)
After section 131A
131AB: Grooming for sexual conduct with young person
1: A person aged 18 years or over is liable to imprisonment for a term not exceeding 3 years, if—
a: they communicate by words or conduct with a person under the age of 16 years (the young person
b: they do so intending to facilitate the young person engaging or being involved in conduct that would be an offence against this Part, or against any of paragraphs (a)(i), (d)(i), (e)(i), or (f)(i) of section 98AA(1).
2: It is immaterial whether or not a response is made to the communication by the young person.
3: A reference in this section to a young person under the age of 16 years or the young person includes a reference to a constable who pretends to be a young person under the age of 16 years (the fictitious young person
4: It is a defence to a charge under subsection (1) if the person charged proves that,—
a: before the time they took the action concerned, they had taken reasonable steps to find out whether the young person was of or over the age of 16 years; and
b: at the time they took the action concerned, they believed on reasonable grounds that the young person was of or over the age of 16 years. |
LMS753998 | 2023 | Criminal Activity Intervention Legislation Act 2023 | 1: Title
This Act is the Criminal Activity Intervention Legislation Act 2023.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Discharging firearm with intent to intimidate
1: Amendments to Crimes Act 1961
3: Principal Act
This subpart amends the Crimes Act 1961 2023-04-05 Crimes Act 1961
4: Section 308 amended (Threatening acts)
1: Replace the heading to section 308 Threatening acts in relation to dwellinghouses and persons in dwellinghouses
2: Replace section 308(b)
b: by threatening behaviour, alarms or attempts to alarm any person in a dwellinghouse.
5: New section 308A inserted (Discharging firearm to intimidate)
After section 308
308A: Discharging firearm to intimidate
1: A person commits an offence who discharges a firearm intending to intimidate 1 or more other persons.
2: A person who is convicted of an offence under subsection (1) is liable to a term of imprisonment not exceeding 5 years.
2: Amendments to Arms Act 1983
6: Principal Act
This subpart amends the Arms Act 1983 2023-04-05 Arms Act 1983
7: Section 22H amended (Persons disqualified from holding firearms licence)
In section 22H(a)(iii) or 306 306, or 308A
8: Section 39A amended (When FPO may be made)
Replace section 39A(1)(a)(iii)
iii: an offence under section 98A, 189A, or 308A of the Crimes Act 1961
3: Amendment to Sentencing Act 2002
9: Principal Act
This subpart amends the Sentencing Act 2002 2023-04-05 Sentencing Act 2002
10: Section 111A amended (Firearms prohibition order)
Replace section 111A(2)(c)
c: an offence under section 98A, 189A, or 308A of the Crimes Act 1961
4: Amendments to Search and Surveillance Act 2012
11: Principal Act
This subpart amends the Search and Surveillance Act 2012 2023-04-05 Search and Surveillance Act 2012
12: Section 45 amended (Restrictions on some trespass surveillance and use of interception device)
1: After section 45(1)(c)
d: against section 308A of the Crimes Act 1961
2: After section 45(2)(c)
d: against section 308A of the Crimes Act 1961
5: Amendment to Criminal Investigations (Bodily Samples) Act 1995
13: Principal Act
This subpart amends the Criminal Investigations (Bodily Samples) Act 1995 2023-04-05 Criminal Investigations (Bodily Samples) Act 1995
14: Schedule 1 amended
In Schedule 1, Part 3 The following table is small in size and has 2 columns. This table is an amendment to the table in Schedule 1 of the Criminal Investigations (Bodily Samples) Act 1995 and should be read with that table to provide understanding of the context. Threatening acts in relation to dwellinghouses and persons in dwellinghouses section 308 Discharging firearm to intimidate section 308A
2: Expanding power of enforcement officers to seize and impound vehicles
15: Principal Act
This Part amends the Land Transport Act 1998 2023-04-05 Land Transport Act 1998
16: Section 96 amended (Vehicle seized and impounded for 28 days in certain circumstances)
After section 96(1AA)
1AAB: An enforcement officer must, if practicable, seize and impound, or seize and authorise the impoundment of, a motor vehicle for 28 days if the officer believes on reasonable grounds that the driver has committed an offence against section 35(1)(a) or (b) or 39(1)
17: Section 102 amended (Appeal to Police against impoundment of vehicle)
Replace section 102(1)(f) and (g)
f: if section 96(1A), (1AA), (1AAB), or (1AB) section 22A(1) or (3), 22AF, 35(1)(a) or (b), 39(1), or 114
g: if section 96(1A), (1AA), (1AAB), or (1AB) section 22A(1) or (3), 22AF, 35(1)(a) or (b), 39(1), or 114
3: Warrants to search and seize weapons when there is gang conflict
18: Principal Act
This Part amends the Search and Surveillance Act 2012 2023-04-05 Search and Surveillance Act 2012
19: Section 6 amended (Issuing officer may issue search warrant)
In section 6
2: This section does not apply to an application for a search warrant issued under section 18D
20: New subpart 6A of Part 2 inserted
After section 18
6A: Warrants to search and seize weapons when there is gang conflict
18A: Interpretation
In this subpart, unless the context otherwise requires,— gang section 4 of the Prohibition of Gang Insignia in Government Premises Act 2013 gang conflict
a: has involved, or is likely to involve, the use of weapons; and
b: has presented, or is likely to present, a risk of harm to persons or damage to property gang insignia section 4 of the Prohibition of Gang Insignia in Government Premises Act 2013 gang member
a: means an individual who is a member of a gang (including an individual who is a prospective member or nominee); and
b: includes—
i: an individual who demonstrates affiliation to a gang by displaying the gang’s insignia:
ii: an individual who is involved in the affairs of a gang for the likely purpose of participating in a criminal activity weapon
a: any arms; and
b: any other item made, or modified, for use to cause bodily injury.
18B: Application for warrant to search places and vehicles and seize weapons
If a gang conflict exists, a constable may apply to a Judge for a warrant to—
a: search places and vehicles in an area for the purpose of locating weapons at, in, or on those places or in or on those vehicles; and
b: seize any weapons found at, in, or on those places or in or on those vehicles.
18C: Content of application
1: An application made under section 18B
a: the name of the applicant; and
b: the provision that authorises the making of the application; and
c: the grounds on which the application is made (including the reasons why the applicant believes the legal requirements for issuing the warrant are satisfied); and
d: a description of the area in which the gang conflict exists; and
e: the name or names of the gang or gangs involved in the gang conflict; and
f: a description of the area in which the search of places and vehicles is proposed to be conducted; and
g: the name or names of the gang or gangs in that area involved in the gang conflict; and
h: the names of any persons other than persons who are gang members of a gang referred to in paragraph (e) whose places and vehicles are proposed to be entered and searched; and
i: the addresses or descriptions of the places proposed to be entered and searched; and
j: a description of the vehicles proposed to be entered and searched; and
k: the period for which the warrant is sought.
2: When considering an application made under section 18B
a: may require the applicant to provide further information concerning the grounds on which the warrant is sought; but
b: must not, in any circumstances, require the applicant to disclose the name, address, or any other identifying detail of an informant unless, and only to the extent that, that information is necessary for the Judge to assess either or both of the following:
i: the credibility of the informant:
ii: whether there is a proper basis for issuing the warrant.
3: The applicant must disclose in the application—
a: details of any other application for a search warrant that the applicant knows to have been made within the previous 3 months in respect of any place or vehicle proposed to be searched; and
b: the result of that application or those applications.
4: The applicant must, before applying for a search warrant under section 18B
18D: Issue of warrant to search places and vehicles in specified area and seize weapons
1: A Judge may issue a warrant on an application made under section 18B
a: a gang conflict exists; and
b: 1 or more gangs involved in the gang conflict are in a specified area; and
c: the issue of the warrant may reduce the risk of harm to people or property.
2: A Judge, if satisfied of either or both of the following matters, may issue a warrant authorising a search in the specified area of 1 or more specified places for the purpose of locating weapons and seizing any weapons found at, in, or on any of those places:
a: there are reasonable grounds to suspect that the specified places are owned, occupied, or used by 1 or more gang members of a specified gang:
b: there are reasonable grounds—
i: to suspect that the specified places are owned, occupied, or used by 1 or more specified persons; and
ii: to believe that the specified persons are encouraging or assisting in the gang conflict.
3: A warrant authorising the search of places specified under subsection (2) may only authorise the search of non-private premises if the Judge issuing the warrant is satisfied that there are reasonable grounds to suspect that the premises are being used by gang members to conduct gang-related activities involving weapons.
4: A Judge, if satisfied of either or both of the following matters, may issue a warrant authorising a search in the specified area of 1 or more specified vehicles for the purpose of locating weapons and seizing any weapons found in or on any of those vehicles:
a: there are reasonable grounds to suspect the specified vehicles are owned or used by 1 or more gang members of a specified gang:
b: there are reasonable grounds—
i: to suspect that the specified vehicles are owned or used by 1 or more specified persons; and
ii: to believe that the specified persons are encouraging or assisting in the gang conflict.
5: A warrant may also authorise a search within the specified area of any vehicles other than specified vehicles for the purpose of locating and seizing weapons found in or on the vehicles if a constable is satisfied that there are reasonable grounds to suspect that the vehicles are—
a: owned or used by 1 or more gang members of a specified gang; or
b: owned or used by 1 or more specified persons who are encouraging or assisting in the gang conflict.
6: In this section,— specified area
a: the same area as the area in which the gang conflict exists; or
b: a different area to the area in which the gang conflict exists; or
c: an area that includes part of the area in which the gang conflict exists; or
d: an area within the area in which the gang conflict exists specified gang specified person specified place specified vehicle
18E: Places and vehicles may be searched on more than 1 occasion
A warrant issued under section 18D
a: different places or vehicles:
b: the same place or vehicle, subject to any conditions specified in the warrant that the Judge considers reasonable.
18F: Form and content of warrant
1: This section applies in respect of a warrant issued under section 18D
2: Every warrant must be in the prescribed form, if any.
3: Every warrant must be directed to a constable.
4: A warrant may be—
a: executed by a constable:
b: subject to any conditions specified in the warrant that the issuing Judge considers reasonable, including (without limitation)—
i: any restriction on the time of execution that is reasonable:
ii: a condition that the occupier or person in charge of a place must provide reasonable assistance to a constable executing the warrant if, in the absence of such assistance, it would not be practicable to execute the warrant without undue delay.
5: Every search warrant must contain, in reasonable detail, the following particulars:
a: the name of the issuing Judge and the date on which the warrant was issued:
b: the provision that authorises the issue of the warrant:
c: a statement that the constable executing the warrant may use any assistance that is reasonable in the circumstances:
d: a statement that any constable may execute the warrant:
e: a statement that the constable executing the warrant may use any force, if authorised by this Act or any other enactment, that is reasonable in the circumstances to enter or break open or access any area within the place or vehicle being searched:
f: a description of the area in which authorised searches of places and vehicles may be conducted (the specified area
g: to the extent that is applicable,—
i: the addresses or descriptions of places in the specified area that are authorised to be searched ( specified places
ii: the descriptions of vehicles in the specified area that are authorised to be searched ( specified vehicles
iii: a statement that vehicles other than specified vehicles are authorised to be searched in the specified area in accordance with section 18D(5)
iv: the name or names of the gang or gangs in the specified area involved in the gang conflict ( specified gangs
v: the names of persons who are not gang members of a specified gang whose places and vehicles may be searched in the specified area ( specified persons
h: a description of what may be seized:
i: the period during which the warrant may be executed, being a period specified by the issuing Judge not exceeding 14 days from the date on which the warrant was issued:
j: any conditions specified by the issuing Judge under subsection (4)(b):
k: an explanation of the availability of relevant privileges and an outline of how any of those privileges may be claimed (where applicable):
l: a statement that any person found in the place or vehicle to be searched may be searched if there are reasonable grounds to believe that an item being searched for is on that person.
6: A person is not required, as a consequence of a condition imposed under subsection (4)(b), to give any information tending to incriminate the person.
7: In this section, issuing Judge section 18D
18G: Judge may require warrant report
1: A Judge who issues a warrant under section 18D section 18F(4)(b)
2: A search warrant report must contain the following information:
a: whether the warrant was executed; and
b: whether the execution of the warrant resulted in the seizure of any weapons; and
c: whether the execution of the warrant resulted in the seizure of evidential material, and, if so, whether that material was—
i: a weapon seized under the warrant; or
ii: material seized under section 123 or 123B
d: whether any other powers exercised in conjunction with the execution of the warrant resulted in the seizure of evidential material; and
e: whether any criminal proceedings have been brought, or are under consideration, that relate to—
i: the weapons seized; or
ii: any other evidential material seized.
21: Section 98 amended (Application for search warrant)
After section 98(5)
6: This section does not apply to an application made under section 18B see section 18C
22: Section 131 amended (Identification and notice requirements for person exercising search power (other than remote access search))
1: Replace section 131(1)(b)
b: before or on initial entry into or onto the place or vehicle, or other thing to be searched, provide the occupier of the place or the person in charge of the vehicle or other thing with—
i: a copy of the search warrant (unless the warrant is issued under section 18D
ii: if the power is exercised under a warrant issued under section 18D(2) or (3)
iii: if the power is exercised under a warrant issued under section 18D(4) or (5)
A: a copy of the warrant redacted to show only the specified vehicle in respect of which the search power is being exercised:
B: a copy of the warrant showing the authority to search vehicles other than specified vehicles, or redacted to show only the authority to search vehicles other than specified vehicles; or
iv: if the power is exercised under a warrant issued under section 18D(4) or (5)
A: the name of the enactment under which the search is taking place; and
B: the reason for the search under that enactment; and
C: advice about how a copy of the warrant referred to in subparagraph (iii) can be made available within 7 days after the date of the search; or
v: if the power is exercised without a warrant and it is reasonably practicable in the circumstances to do so,—
A: the name of the enactment under which the search is taking place; and
B: the reason for the search under that enactment.
2: After section 131(4)
4A: In subsection (4), search warrant
3: After section 131(5)(b)
ba: if the power is exercised under a warrant issued under section 18D(4) or (5)
i: the name of the enactment under which the search took place; and
ii: the reason for the search under that enactment; and
iii: advice about how a copy of the warrant referred to in subsection (1)(b)(iii) can be made available within 7 days after the date of the search:
23: New section 160A inserted (Disposal of weapons)
After section 160
160A: Disposal of weapons
1: Subsection (2) applies if a weapon is seized as a result of the execution of a warrant issued under section 18D
a: there is no mechanism provided for disposing of the weapon, or it has not been disposed of, under any other legislation; and
b: no order has been made by a court in relation to the disposal of the weapon.
2: The Police may destroy the seized weapon if—
a: notice is given to the person from whom the weapon was seized and that person—
i: consents to its destruction; or
ii: does not within 30 days consent to its destruction; or
b: the person to whom the notice would otherwise be given under paragraph (a) cannot be located after reasonable inquiries have been made; or
c: in a case where a person objects to the destruction of the weapon within 30 working days of receiving a notice under paragraph (a) and any person applies within that period to a court to determine the status of the weapon, the court is satisfied that—
i: the possession of the weapon by the person from whom it was seized is unlawful under New Zealand law; or
ii: there is no legitimate reason to own or possess the weapon and the destruction of the weapon is just.
3: In this section, weapon section 18A
24: Section 170 amended (Annual reporting of search and surveillance powers by Commissioner)
After section 170(1)(b)
ba: the matters set out in section 171A subpart 6A of Part 2
25: New section 171A inserted (Information to be included in report on warrants under subpart 6A of Part 2)
After section 171
171A: Information to be included in report on warrants under subpart 6A of Part 2
The following information is required by section 170(1)(ba)
a: the number of applications made under section 18B
b: the number of warrants issued under section 18D
c: for each warrant issued under section 18D
i: the number of searches conducted; and
ii: the number of places searched (on 1 or more occasions); and
iii: the number of vehicles searched (on 1 or more occasions); and
iv: the number of weapons seized as a result of the places and vehicles searched:
d: the number of persons charged in criminal proceedings where the collection of evidential material relevant to those proceedings was significantly assisted by the execution of a warrant issued under section 18D
4: Prohibition on persons conducting cash transactions for certain items above applicable threshold value
26: Principal Act
This Part amends the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 2023-04-05 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
27: New subpart 5A of Part 2 inserted
After section 67
5A: Cash transactions above applicable threshold value
67A: Prohibition on certain cash transactions
A person who is in trade must not buy or sell any of the following articles by way of a cash transaction or a series of related cash transactions, if the total value of that transaction or those transactions is equal to or above the applicable threshold value:
a: jewellery:
b: watches:
c: gold, silver, or other precious metals:
d: diamonds, sapphires, or other precious stones:
e: motor vehicles (within the meaning of section 6(1) of the Motor Vehicle Sales Act 2003
f: ships (within the meaning of section 2(1) of the Maritime Transport Act 1994
28: Section 78 amended (Meaning of civil liability act)
After section 78(g)
h: enters into cash transactions in relation to certain items in breach of section 67A
29: Section 90 amended (Pecuniary penalties for civil liability act)
In section 90(3) or (f) (f), or (h)
30: Section 104 amended (Time limit for prosecution of offences relating to non-compliance with AML/CFT requirements)
In section 104 any of sections 101 to 103 section 101, 102, 103, or 105A
31: New section 105A and cross-heading inserted
After section 105 Offence relating to cash transactions
105A: Contravention of section 67A
1: A person commits an offence who contravenes section 67A
2: A person who commits an offence under subsection (1) is liable, on conviction, to,—
a: in the case of an individual, either or both of the following:
i: a term of imprisonment of not more than 2 years:
ii: a fine of up to $300,000; and
b: in the case of a body corporate or partnership, a fine of up to $5 million.
5: Seizure of cash amount of or over $10,000 found in suspicious circumstances
32: Principal Act
This Part amends the Search and Surveillance Act 2012 2023-04-05 Search and Surveillance Act 2012
33: New sections 123A to 123E and cross-heading inserted
After section 123 Seizure of cash found in suspicious circumstances
123A: Interpretation
1: In this section and sections 123B to 123E authorised holding period
a: section 123C(3)(a)
b: section 123C(7) cash
a: cash as defined in section 5(1) of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009
b: gold bars:
c: gold ingots cash seized section 123B cash seizure threshold amount
a: the amount of NZ$10,000 or an equivalent cash amount; or
b: such other amount as may be prescribed by regulations made under section 342(2A) enforcement officer section 2(1) of the Civil Aviation Act 1990
2: For the purposes of sections 123B to 123E in the possession of
a: on the person; or
b: in a bag or receptacle owned by or carried by or with the person; or
c: in or under the effective control of the person; or
d: in a vehicle in which the person is the driver or an occupant.
123B: Seizure of cash of or over cash seizure threshold amount
1: This section applies to a constable who,—
a: as part of their duties,—
i: is exercising a search power; or
ii: is lawfully in any place or in or on a vehicle; or
iii: is conducting a lawful search of a person; and
b: sees or finds cash in the possession of any person that the constable reasonably believes to be an amount of or over the cash seizure threshold amount.
2: This section also applies to a constable who is informed by an enforcement officer that the enforcement officer, while lawfully screening or searching any person, item, or vehicle as part of their duties, has seen or found cash in the possession of any person in suspicious circumstances.
3: The constable may question the person in the possession of the cash about—
a: the origin of the cash; and
b: the intended use for the cash.
4: The constable must advise the person in possession of the cash of the power of the constable, or of any person assisting the constable, to seize the cash under subsection (5).
5: The constable, or any person assisting the constable, may seize the cash if the constable—
a: reasonably believes the cash to be an amount of or over the cash seizure threshold amount; and
b: is not satisfied with the explanations given by the person in response to the questions put to the person under subsection (3); and
c: has reasonable grounds to suspect that the cash is not of lawful or legitimate origin or derivation, or is to be used for, or to further, any unlawful or dishonest purpose.
6: As soon as is reasonably practicable, and in any case not later than 7 days after the cash is seized, a constable must—
a: return the cash to the person from whom it was seized, or have made contact with that person or that person’s representative to arrange for the return of the cash; or
b: release the cash to the owner of the cash (if the owner is not the person from whom the cash was seized); or
c: make an application to the District Court under section 123C
7: Nothing in this section affects or limits the power of a constable to seize property that is given by or under any other legislative provision or by the common law.
123C: Application to retain cash seized for further period
1: A constable may apply to a District Court Judge for an order authorising the Police to hold any cash seized for a further period to enable investigations to continue to establish the origin of the cash or its intended use.
2: The Police may continue to hold the cash seized pending the determination or withdrawal of the application.
3: A District Court Judge may—
a: grant the application if satisfied of the matters in subsection (4) and make an order authorising the Police to continue to hold the cash seized for a further period not exceeding 28 days from the date of the order; or
b: decline the application and make directions for—
i: the return of the cash to the person from whom the cash was seized; or
ii: the release of the cash to the owner of the cash (if the owner is not the person from whom the cash was seized).
4: The matters referred to in subsection (3)(a) are that the Police—
a: continue to have reasonable grounds to suspect that the cash is not of lawful or legitimate origin or derivation, or is to be used for, or to further, any unlawful or dishonest purpose; and
b: are—
i: continuing investigations to establish the origin of the cash seized or its intended use; or
ii: taking steps to commence proceedings under the Criminal Proceeds (Recovery) Act 2009
5: Before the expiry of the period specified in an order made under subsection (3)(a) (the further period
6: Only 1 application may be made under subsection (5).
7: A District Court Judge may grant an application made under subsection (5) if in respect of that application the Judge is satisfied of the matters in subsection (4).
8: However, in no case may an order be made under subsection (3)(a), or be extended under subsection (7), if the effect of making or extending the order would be to authorise the Police to hold the cash seized for a period exceeding 63 days from the date on which it was seized.
123D: Return or release of cash seized
1: If any of the circumstances specified in subsection (2) exist, the Police must, as soon as is reasonably practicable,—
a: return the cash seized to the person from whom it was seized, or make contact with the person or the person’s representative to arrange for the return of the cash; or
b: release the cash to the owner of the cash (if the owner is not the person from whom the cash was seized).
2: The circumstances referred to in subsection (1) are that—
a: the authorised holding period has ended and before the end of that period the Police did not commence proceedings under the Criminal Proceeds (Recovery) Act 2009
b: any proceedings commenced under the Criminal Proceeds (Recovery) Act 2009
c: the person from whom the cash was seized, or the owner of the cash, has requested the return of the cash and provided the Police with information about its origin and intended purpose and the Police, having considered all available information, are satisfied that the cash has lawful and legitimate origin or derivation and is not to be used for any unlawful or dishonest purpose.
123E: Application to District Court for return or release of cash seized
1: The person from whom the cash was seized, or the owner of the cash, may apply to the District Court for the return or release of the cash seized if—
a: the person or owner has requested the Police to return the cash and that request has been refused; and
b: the Police have not commenced proceedings under the Criminal Proceeds (Recovery) Act 2009
2: A District Court Judge may grant an application made under subsection (1) if, having regard to the following, the Judge is satisfied that it would be contrary to the interests of justice for the Police to continue to hold the cash:
a: the value of the cash seized; and
b: any loss or damage to the applicant that is caused, or is likely to be caused, by not returning or releasing the cash seized; and
c: the need for the Police to continue to hold the cash seized for the purpose of—
i: commencing proceedings under the Criminal Proceeds (Recovery) Act 2009
ii: producing it as evidence in any other proceedings.
34: Section 104 amended (Issuing officer may require search warrant report)
In section 104(2)(b)(ii) and (iii) section 123 or 123B
35: Section 149 amended (Disposal of things seized or produced)
After section 149(2)
3: This subpart does not apply to cash seized under section 123B
36: Section 342 amended (Regulations)
After section 342(2)
2A: The Governor-General may, by Order in Council, make regulations prescribing, for the purposes of the definition of cash seizure threshold amount in section 123A(1) |
LMS748052 | 2023 | Criminal Proceeds (Recovery) Amendment Act 2023 | 1: Title
This Act is the Criminal Proceeds (Recovery) Amendment Act 2023.
2: Commencement
1: This Act comes into force—
a: on a date set by Order in Council; or
b: to the extent not brought into force earlier, 12 months after Royal assent.
2: However, sections 7 32 34 38 40 43 subpart 1
3: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation 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 2(1)(a) brought into force 27 July 2023 clause 2 Criminal Proceeds (Recovery) Amendment Act 2023 Commencement Order 2023
1: Amendments to Criminal Proceeds (Recovery) Act 2009
3: Principal Act
This Part amends the Criminal Proceeds (Recovery) Act 2009 2023-04-01 Criminal Proceeds (Recovery) Act 2009 see section 2(2): Sections 7, 32, 34, 38, 40, and 43 brought into force on the day after Royal assent. OIC SL 2023/162 2023-07-27 Criminal Proceeds (Recovery) Act 2009 see section 2(1): On a date set by Order in Council; or to the extent not brought into force earlier, 12 months after Royal assent.
4: Section 5 amended (Interpretation)
1: In section 5(1) assets forfeiture order assets forfeiture order
a: a type 1 assets forfeiture order; or
b: a type 2 assets forfeiture order
2: In section 5(1) associate section 5A convertible legitimate property section 5B disclosure of source order section 109A(1) exempt proportion section 5B legitimate property section 5B organised criminal group section 5A threshold amount sections 6(1)(b), 24A(1)(d) and (e), and 50C(1)(d) and (e) type 1 assets forfeiture order section 50 type 2 assets forfeiture order section 50C
3: In section 5(1) restraining order 24, 24A
4: In section 5(1) specific property identifiable owner (subject to section 13
5: New sections 5A and 5B inserted
After section 5
5A: Meanings of associate and organised criminal group
Meaning of associate
1: In this Act, unless the context otherwise requires, associate
a: means a person who—
i: is associated with the member or participant; and
ii: is not a mere acquaintance of the member or participant; and
b: includes another member of or participant in the organised criminal group (whether or not a mere acquaintance of the member or participant).
2: For the purposes of subsection (1), a person is capable of being a participant in an organised criminal group whether or not the person shares the objective or objectives described in subsection (3) of the persons comprising the group. Meaning of organised criminal group
3: In this Act, unless the context otherwise requires, organised criminal group
4: In subsection (3), obtaining a material benefit from significant criminal activity
a: engaging in that activity; or
b: doing any thing that forms part of engaging in that activity.
5: For the purposes of subsection (3), a group of persons is capable of being an organised criminal group whether or not—
a: some of the persons in the group are subordinates or employees of others in the group; or
b: only some of the people involved in the group at a particular time are involved in the planning, arrangement, or execution at that time of any particular action, activity, or transaction; or
c: the membership of the group changes from time to time. 1961 No 43 ss 2(1) 98A
5B: Meanings of legitimate property, convertible legitimate property, and exempt proportion
Meaning of legitimate property
1: In this Act, unless the context otherwise requires, legitimate property
a: means all property acquired by the respondent, including—
i: any property gifted or loaned to the respondent (including money available to the respondent by way of credit); and
ii: any property acquired by the respondent through another person acting for, on behalf of, or for the benefit of the respondent; but
b: does not include any property acquired as a result of, or directly or indirectly derived from, an activity that is engaged in by the respondent or any other person and is an offence.
2: For the purposes of subsection (1)(b), a person engages in an activity that is an offence
a: they have been charged with or convicted of an offence in connection with the activity; or
b: they have been acquitted of an offence in connection with the activity; or
c: their conviction for an offence in connection with the activity has been quashed or set aside. Meaning of convertible legitimate property
3: In this Act, unless the context otherwise requires, a respondent’s convertible legitimate property
a: is property that, at the relevant time before the acquisition, was the respondent’s legitimate property that they were readily able to use for the acquisition; but
b: excludes any of that legitimate property that they did not use for the acquisition. Meaning of exempt proportion
4: In this Act, unless the context otherwise requires, exempt proportion
6: Section 6 amended (Meaning of significant criminal activity)
In section 6(1)(b) $30,000 the threshold amount
7: New section 7A and cross-heading inserted
After section 7 Savings, transitional, and related provisions
7A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
8: Section 13 amended (No identifiable owner required for certain proceedings relating to specific property)
Replace section 13(2)
2: Subsection (1) does not apply to—
a: proceedings for an order made under section 24A
b: proceedings to register a foreign restraining order.
9: Section 15 amended (No criminal proceedings required for civil forfeiture order or in registering foreign forfeiture order)
In section 15
2: In this section, the significant criminal activity on which a type 2 assets forfeiture order is to be treated as being based is significant criminal activity in which any persons (as members of or participants in the organised criminal group that is referred to in section 50C(1)(a)
10: Section 16 amended (Quashing criminal proceedings does not impact on civil forfeiture)
After section 16(2)
3: In this section, significant criminal activity is to be treated as the basis for a type 2 assets forfeiture order or an application for an order of that kind if it is significant criminal activity in which any persons (as members of or participants in the organised criminal group that is referred to in section 50C(1)(a)
11: Section 17 amended (Multiple forfeiture orders and foreign forfeiture orders)
In section 17(1)(a) assets type 1 assets
12: Section 18 amended (Applying for restraining order)
In section 18(a) 24 , 24A
13: Section 20 amended (Court to which application for restraining order made)
In section 20(a) 24 , 24A
14: Section 24 amended (Making restraining order relating to specific property)
In the heading to section 24 specific property that is potentially tainted
15: New section 24A inserted (Making restraining order relating to specific property of associates of certain persons connected to organised criminal group)
After section 24
24A: Making restraining order relating to specific property of associates of certain persons connected to organised criminal group
Grounds and making of order
1: A court hearing an application for a restraining order relating to specific property of the respondent may make an order under this section if satisfied that it has reasonable grounds to believe each of the following:
a: when the respondent acquired the specific property, the respondent was an associate of 1 or more members of or participants in an organised criminal group:
b: all or any of those members or participants have, as members of or participants in the group,—
i: been involved in significant criminal activity at any time; or
ii: unlawfully benefited from significant criminal activity at any time:
c: the respondent’s convertible legitimate property for their acquisition of the specific property would have been insufficient to enable them to acquire the specific property at or near reasonable market value:
d: if the application relates to a single item of specific property, the amount calculated in accordance with the formula is at least the threshold amount:
e: if the application relates to more than 1 item of specific property, the sum of the amounts calculated in accordance with the formula for each item of specific property is at least the threshold amount.
2: The formula x − y where— x is the reasonable market value of the specific property when the application was made y is the value represented by the exempt proportion of the specific property when the application was made.
3: The restraining order that the court may make is an order that the property to which it applies (the restrained property
a: is not to be disposed of, or dealt with, other than as provided for in the restraining order; and
b: is to be under the Official Assignee’s custody and control. Formal valuation not required and estimate of relevant values sufficient
4: In an application made for the purposes of this section, the Commissioner is not required to provide the court with any formal valuation, and may provide estimates, as evidence of any of the following (the relevant property values
a: the value of any property that the Commissioner alleges is the respondent’s convertible legitimate property for the respondent’s acquisition of the specific property to which the application relates:
b: the value of any property, at the relevant time before the respondent acquired the specific property, that the Commissioner alleges is excluded by paragraph (b) of the definition of convertible legitimate property in section 5B(3)
c: the reasonable market value of specific property at the following dates:
i: the date on which it was acquired by the respondent:
ii: the date of the application.
5: For the purposes of this section, the court may rely on estimates provided by the Commissioner as evidence of the relevant property values.
16: Section 30 amended (Excluding severable interest from restrained property)
1: After section 30(2)(b)
ba: if the order was or is to be made under section 24A
2: In section 30(3)(b) the significant criminal activity or qualifying any significant criminal activity or the qualifying
17: Cross-heading above section 49 replaced
Replace the cross-heading above section 49 Type 1 assets forfeiture order: application and making
18: Section 49 amended (Application for assets forfeiture order to specify proposed forfeited property, grounds, respondent (if any), and persons with interests (if known))
1: Replace the heading to section 49 Contents of application for type 1 assets forfeiture order
2: In section 49 an assets a type 1 assets
19: Cross-heading above section 50 repealed
Repeal the cross-heading above section 50
20: Section 50 amended (Making assets forfeiture order)
1: In the heading to section 50 Making type 1
2: In section 50(1), (3), (4), and (5) an assets a type 1 assets
3: After section 50(2)
2A: The specific property is presumed to be tainted property if the Commissioner shows, on the balance of probabilities, that the respondent was served with a disclosure of source order in relation to that property and that the respondent—
a: failed to comply with the order; or
b: in purported compliance with the order, made a statement that is false or misleading in a material particular.
2B: The presumption may be rebutted if the respondent shows, on the balance of probabilities, that—
a: the respondent had a reasonable excuse for failing to comply with the order or for making the false or misleading statement (as the case may be); or
b: the specific property is not tainted property.
2C: The presumption applies (so long as it is not rebutted) whether or not the respondent has been convicted of an offence against section 152
2D: The presumption does not apply if the Court is satisfied that it would not be in the interests of justice for the presumption to apply.
4: In section 50(5) the assets the type 1 assets
21: New sections 50A to 50D and cross-heading inserted
After section 50 Type 2 assets forfeiture order: application and making
50A: Contents of application for type 2 assets forfeiture order
1: The Commissioner must specify each of the following in an application for a type 2 assets forfeiture order:
a: the respondent:
b: the specific property of the respondent to which the application relates:
c: the reasonable market value of the specific property, as determined by the Commissioner, at the following dates:
i: the date on which it was acquired by the respondent:
ii: the date of the application:
d: the property that the Commissioner alleges was the respondent’s convertible legitimate property for the respondent’s acquisition of the specific property ( see section 50B
e: the value of the alleged convertible legitimate property, as determined by the Commissioner, at the relevant time before the respondent acquired the specific property:
f: the property that the Commissioner alleges is excluded legitimate property:
g: the value of the alleged excluded legitimate property, as determined by the Commissioner, at the relevant time before the respondent acquired the specific property:
h: any persons other than the respondent who, to the knowledge of the Commissioner, have an interest in the specific property to which the application relates.
2: In this section, excluded legitimate property section 5B(3)
50B: Convertible legitimate property presumed to be property stated in application
1: For the purposes of section 50C
2: However, that presumption may be rebutted by the respondent to the extent that the respondent satisfies the court, on the balance of probabilities, that the respondent’s convertible legitimate property for the acquisition consisted of—
a: some or all of the property stated in the application and other property; or
b: other property not stated in the application.
50C: Making type 2 assets forfeiture order
1: The High Court must make a type 2 assets forfeiture order, in respect of specific property of a respondent to which an application for the order relates, if satisfied, on the balance of probabilities, that,—
a: when the respondent acquired the specific property, the respondent was an associate of 1 or more members of or participants in an organised criminal group; and
b: all or any of those members or participants have, as members of or participants in the group,—
i: been involved in significant criminal activity at any time; or
ii: unlawfully benefited from significant criminal activity at any time; and
c: the respondent’s convertible legitimate property for their acquisition of the specific property would have been insufficient to enable them to acquire the specific property at or near reasonable market value; and
d: if the application relates to a single item of specific property, the amount calculated in accordance with the formula is at least the threshold amount; and
e: if the application relates to more than 1 item of specific property, the sum of the amounts calculated in accordance with the formula for each item of specific property is at least the threshold amount.
2: However, the Court must not make a type 2 assets forfeiture order in respect of specific property if—
a: the respondent satisfies the Court, on the balance of probabilities, that the specific property is not tainted property; or
b: the Court is satisfied that it would not be in the interests of justice to make the order.
3: See also section 51 sections 61 to 69
4: The formula x − y where— x is the reasonable market value of the specific property when the application was made y is the value represented by the exempt proportion of the specific property when the application was made.
50D: Matters to be specified in type 2 assets forfeiture order
1: The Court must specify in a type 2 assets forfeiture order the specific property to which the order applies (the subject property
a: vests in the Crown absolutely to the extent of the interest specified in the order; and
b: is in the custody and control of the Official Assignee.
2: The interest that vests in the Crown is to be expressed as a proportion of the value of the subject property that remains after excluding the exempt proportion (if any) of that property.
3: To the extent that the respondent satisfies the Court, on the balance of probabilities, that a proportion of the value of the subject property is not attributable to significant criminal activity,—
a: that proportion is to be treated as the exempt proportion for the purpose of subsection (2); and
b: the definition in section 5B(4)
4: The proportion of the value that is not attributable to significant criminal activity is the proportion of that value that—
a: was not acquired by the respondent as a result of significant criminal activity engaged in by any person; and
b: was not directly or indirectly derived by the respondent from significant criminal activity engaged in by any person.
22: New cross-heading above section 51 inserted
Before section 51 Exclusion from type 1 or type 2 assets forfeiture order
23: Section 51 amended (Exclusion of respondent’s property from assets forfeiture order because of undue hardship)
In section 51(2)(c) the circumstances in the case of a type 1 assets forfeiture order,
24: Cross-heading above section 52 replaced
Replace the cross-heading above section 52 Profit forfeiture order: application and making
25: Cross-heading above section 53 repealed
Repeal the cross-heading above section 53
26: Section 54 amended (High Court must determine maximum recoverable amount)
1: In section 54(1)(b) and (3) an assets a type 1 assets
2: In section 54(3) the assets the type 1 assets
27: Section 58 renumbered and repositioned (Court may treat effective control over property as interest in property)
1: Renumber section 58 section 17
2: In section 58(4) profit forfeiture order and in any restraining order restraining order, any type 2 assets forfeiture order, or any profit forfeiture order
28: Section 60 amended (Civil forfeiture order relating to land)
In section 60(1) section 50 , 50C, 50D
29: Section 66 amended (Making order for relief from civil forfeiture order where person has interest and was not involved in significant criminal activity)
Replace section 66(1)(b)
b: has not unlawfully benefited from the following significant criminal activity:
i: in the case of a type 2 assets forfeiture order or proposed type 2 assets forfeiture order, any significant criminal activity in which any persons (as members of or participants in the organised criminal group that is referred to in section 50C(1)(a)
ii: in any other case, the significant criminal activity to which the civil forfeiture order or proposed civil forfeiture order relates.
30: Section 67 amended (Making order for relief from civil forfeiture order on grounds of undue hardship)
1: In section 67(2)(c) the significant criminal activity to which the property relates any significant criminal activity to which the civil forfeiture order or proposed civil forfeiture order relates
2: In section 67(2)(d) the significant criminal activity to which the property or order relates any significant criminal activity to which the civil forfeiture order or proposed civil forfeiture order relates
31: Section 82 amended (Discharge of assets forfeiture order by Official Assignee)
After section 82(3)
4: If the assets forfeiture order is a type 2 assets forfeiture order, the property may be disposed of only to the extent of the interest specified in the order.
5: If that interest is not severable from the property to which it relates, that property may be wholly disposed of, but—
a: the money resulting from the disposal that is to be applied under subsection (1) is limited to the proportion of the realised amount that is equal to the proportion referred to in section 50D(2)
b: any remaining money must be paid to the former interest holder.
32: New section 84A and cross-heading inserted
After section 84 Discharge of civil forfeiture order applying to interests in KiwiSaver scheme
84A: Discharge of civil forfeiture order applying to interests in KiwiSaver scheme
1: To the extent that the property specified in a civil forfeiture order is an interest held by a person as a member of a KiwiSaver scheme, the interest must be disposed of in accordance with this section.
2: At the time that the property is required to be disposed of under section 82 or 83
3: As soon as practicable after the Official Assignee notifies the manager, the manager must arrange for an amount up to the member’s accumulation to be released into the custody and control of the Official Assignee.
4: In this section,— KiwiSaver scheme section 4(1) of the KiwiSaver Act 2006 manager section 6(1) of the Financial Markets Conduct Act 2013 member’s accumulation section 4(1) of the KiwiSaver Act 2006
33: New section 109A and cross-heading inserted
After section 109 Disclosure of source orders
109A: High Court may make disclosure of source order
1: On application by the Commissioner, the High Court may make an order (a disclosure of source order
2: The Commissioner cannot apply for a disclosure of source order on or after applying for a type 1 assets forfeiture order relating to the same property to which the restraining order applies.
3: The Court may make a disclosure of source order only if satisfied that there are reasonable grounds to believe that the respondent—
a: is residing outside New Zealand (whether temporarily or permanently) or is absent from New Zealand; or
b: is a corporation that is incorporated outside New Zealand (other than an overseas company that is registered under Part 18 of the Companies Act 1993
4: The source information
a: the name of each person who the respondent knows holds, or believes may hold, an interest in the property and the nature of that interest:
b: the circumstances in which the respondent acquired the property, including—
i: how they acquired it; and
ii: the source of any funds or other property used for that acquisition:
c: if the property is tangible and movable property that the respondent acquired outside New Zealand and, after that acquisition, was brought into New Zealand,—
i: the country or place in which they acquired the property; and
ii: any countries or places through which the property transited before being moved into New Zealand:
d: any other information of a kind specified in the disclosure of source order:
e: any documents of a kind specified in the order to substantiate the information referred to in any of paragraphs (a) to (d).
5: The period specified in the order must not exceed the period of 2 months after the order is made unless the Court is satisfied that special circumstances exist that make a longer period appropriate.
6: The Court may,—
a: on application by the Commissioner, vary the period specified in the order by way of a further order; or
b: on application by the respondent or on the Court’s own motion, extend the period specified in the order by way of a further order.
7: The order must inform the respondent of the effect of each of the following:
a: section 50(2A) to (2D)
b: section 152
c: section 163
d: section 165A
8: In this section, section 24 restraining order section 24
34: Sections 112 and 113 replaced
Replace sections 112 113
112: Return of seized property that is not subject of forfeiture order
1: Any property that is transferred to the Official Assignee under section 103 section 110
2: However, this section does not require the return of property if that property is the subject of a forfeiture order—
a: when the property is transferred or seized as referred to in subsection (1); or
b: when a requirement to return the property to the appropriate person as soon as practicable would otherwise apply under this section.
3: If the property was the subject of a restraining order when the relevant search warrant was issued, the property must be returned to the appropriate person as soon as practicable after the expiry of the restraining order.
4: If the property was not the subject of a restraining order when the relevant search warrant was issued, the property must be returned to the appropriate person as soon as practicable after the expiry of 28 days after the date on which the property comes into the custody or control of the Official Assignee (the 28-day period
5: However,—
a: if a restraining order is obtained in relation to that property before the expiry of the 28-day period, the property must be returned to the appropriate person as soon as practicable after the order expires; or
b: if a restraining order is not obtained in relation to that property before the expiry of the 28-day period but an application for a forfeiture order is made as soon as practicable and before that expiry, the property must be returned as soon as practicable after the application is determined; or
c: if an application for a restraining order is made as soon as practicable and before the expiry of the 28-day period, but not determined before that expiry, the property must be returned as soon as practicable after—
i: the application is determined if the application is refused; or
ii: the expiry of the restraining order if the application is granted.
6: This section is subject to section 113
7: In this section, the appropriate person
113: Disputed ownership, etc, of seized property to which section 112 applies
1: The Official Assignee may apply to the District Court for an order under this section if there is a dispute, or the Official Assignee is uncertain (for any reason), about whom property must be returned to under section 112
2: On an application under this section, the District Court may—
a: order that the property be destroyed; or
b: order that the property be delivered to the person appearing to the court to be the owner of the property or entitled to possession of it; or
c: if the owner or person entitled to possession cannot be found, make any order with respect to the property’s possession or sale that the court thinks fit.
3: If, after the District Court makes an order under this section in relation to any property, an action is commenced against the Crown for the recovery of the property or its value, the order and the delivery of the property in accordance with the order may be given and must be received in evidence in bar of the action.
4: However, the order or delivery does not affect the right of any persons entitled by law to possession of the property to recover the property from any person or body (other than the Crown).
5: In this section, the Crown
a: the Commissioner or any Police employee (within the meaning of section 4 of the Policing Act 2008
b: the Official Assignee or any delegate of the Official Assignee or any other member of staff of the Official Assignee. 2012 No 24 s 154
35: Section 152 amended (Failing to comply with orders and search warrants)
In section 152(1) or production order , a production order, or a disclosure of source order
36: Section 163 amended (Privilege against self-incrimination no excuse)
In section 163 or 107 , 107, or 109A
37: Section 164 amended (Admissibility of evidence)
In section 164(1) or 107 , 107, or 109A
38: Section 165 replaced (Admissibility of self-incriminating statements)
Replace section 165
165: Admissibility of self-incriminating statement made in response to production or examination order
General
1: Any self-incriminating statement that a person makes orally, in the course of doing any of the following in response to a production or examination order, is not admissible against them in any civil or criminal proceedings:
a: answering any question:
b: supplying any information:
c: producing any document:
d: providing any explanation.
2: Subsection (1) applies whether or not the statement is recorded in writing.
3: Subsections (4) to (8) set out exceptions to subsection (1). Exception for civil proceedings
4: Any statement that a person makes in response to a production or examination order may be used in evidence against them in any civil proceedings specified in section 10(1) Exceptions for criminal proceedings
5: Any self-incriminating statement referred to in subsection (1) that a person makes may be used in evidence against them in any prosecution for an offence against section 109 of the Crimes Act 1961
6: Any statement that a person makes in relation to their failure to comply with a production or examination order may be used in evidence against them in any prosecution for an offence against section 152
7: Any false or misleading statement that a person makes in response to a production or examination order may be used in evidence against them in any prosecution for an offence against section 152
8: Any false or misleading document that a person produces in response to a production or examination order may be used in evidence against them in any prosecution for an offence against section 152 Definitions
9: In this section,— false or misleading production or examination order
a: a production order made under section 105
b: an examination order made under section 107
10: In this section, doing any thing in response to a production or examination order section 105 or 107
39: New section 165A inserted (Admissibility of self-incriminating statement made in response to disclosure of source order)
After section 165
165A: Admissibility of self-incriminating statement made in response to disclosure of source order
General
1: Any self-incriminating statement that a person makes in response to a disclosure of source order is not admissible against the person in any civil or criminal proceedings.
2: Subsections (3) to (5) set out exceptions to subsection (1). Exception for civil proceedings
3: Any statement that a person makes in response to a disclosure of source order may be used in evidence against them in any civil proceedings specified in section 10(1) Exceptions for prosecution for offences against section 152
4: Any statement that the person makes in relation to their failure to provide information that the order requires them to provide may be used in evidence against them in any prosecution for an offence against section 152
5: Any false or misleading statement that the person makes in response to the order may be used in evidence against them in any prosecution for an offence against section 152 Definition of false or misleading statement
6: In this section, false or misleading statement
40: Section 166 amended (Admissibility of evidence given to court or Official Assignee)
In section 166(2)(a)(ii) 108 of the Crimes Act 1961 (which relates to perjury) or under this Act in relation 109 of the Crimes Act 1961 (which relates to perjury), or under this Act, relating
41: Section 173 amended (Regulations)
After section 173(1)(b)
ba: prescribing an amount for the purposes of the definition of threshold amount in section 5(1)
42: Subpart 10 of Part 2 repealed
Repeal subpart 10
43: New Schedule 1 inserted
Insert the Schedule 1 set out in Schedule 1
2: Amendments to other Acts
1: Amendments to KiwiSaver Act 2006
44: Principal Act
This subpart amends the KiwiSaver Act 2006 2023-04-01 KiwiSaver Act 2006 see section 2(2): brought into force on the day after Royal assent
45: New section 6A inserted (Transitional, savings, and related provisions)
After section 6
6A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
46: Section 127 amended (Member’s interest in KiwiSaver scheme not assignable)
1: In section 127(2) However, subsection Subsection
2: After section 127(2)
3: Subsection (1) also does not prevent an amount up to the value of the member’s accumulation from being released to the Official Assignee of New Zealand on behalf of the Crown if that release is required because of a civil forfeiture order within the meaning of section 5(1) of the Criminal Proceeds (Recovery) Act 2009
47: New Schedule 1AA inserted
Insert the Schedule 1AA set out in Schedule 2
48: Schedule 1 amended
In Schedule 1, replace clause 7(2)
2: A requirement to release funds from the KiwiSaver scheme under any enactment includes a requirement to release funds from the KiwiSaver scheme by or because of an order of any court under any enactment.
3: Examples of an order of a court referred to in subsection (2) are—
a: an order made under section 31 of the Property (Relationships) Act 1976
b: a civil forfeiture order within the meaning of section 5(1) of the Criminal Proceeds (Recovery) Act 2009 see section 84A
2: Amendments to Mutual Assistance in Criminal Matters Act 1992
49: Principal Act
This subpart amends the Mutual Assistance in Criminal Matters Act 1992 OIC SL 2023/162 2023-07-27 Mutual Assistance in Criminal Matters Act 1992 see section 2(1): on a date set by Order in Council; or if not brought in earlier, 12 months after Royal assent.
50: Section 2A amended (Certain investigations relating to civil proceedings deemed to be criminal investigations)
After section 2A(2)
2A: An investigation certified by the Attorney-General to have commenced in New Zealand relating to the restraint or forfeiture of property must be treated as a criminal investigation for the purposes of Part 2
a: is, or is proposed to be, the subject of an application for—
i: a restraining order under section 24A of the Criminal Proceeds (Recovery) Act 2009 CPR Act
ii: a type 2 assets forfeiture order (within the meaning of the CPR Act); or
b: is the subject of a restraining order under section 24A
2B: Subsection (2A) applies despite the related proceedings being civil in nature.
51: Section 2B amended (Certain civil proceedings deemed to be criminal proceedings)
After section 2B(2)
2A: A proceeding certified by the Attorney-General to have been instituted in respect of the forfeiture or restraint of property by way of an application for any of the following orders must be treated as a criminal proceeding for the purposes of Part 2
a: a restraining order under section 24A of the Criminal Proceeds (Recovery) Act 2009
b: a type 2 assets forfeiture order (within the meaning of that Act).
3: Amendment to Sentencing Act 2002
52: Principal Act
This subpart amends the Sentencing Act 2002 OIC SL 2023/162 2023-07-27 Sentencing Act 2002 see section 2(1): on a date set by Order in Council; or if not brought in earlier, 12 months after Royal assent.
53: Section 142I amended (Determining ownership of property)
In section 142I section 58 section 17A |
LMS788016 | 2023 | Health and Safety at Work (Health and Safety Representatives and Committees) Amendment Act 2023 | 1: Title
This Act is the Health and Safety at Work (Health and Safety Representatives and Committees) Amendment Act 2023.
2: Commencement
This Act comes into force on the day after the day on which it receives the Royal assent.
1: Amendments to Health and Safety at Work Act 2015
3: Principal Act
This Part amends the Health and Safety at Work Act 2015 2023-06-13 Health and Safety at Work Act 2015
4: Section 62 replaced (Election of health and safety representatives)
Replace section 62
62: Election of health and safety representatives
1: A worker who carries out work for a business or undertaking may request the PCBU to initiate the election of 1 or more health and safety representatives to represent workers who carry out work for that business or undertaking.
2: If a PCBU receives a request under subsection (1)
3: The PCBU’s obligation to initiate an election in response to a worker’s request applies only in relation to an election for the work group to which the worker belongs.
4: A PCBU may, on the PCBU’s own initiative, initiate the election of 1 or more health and safety representatives to represent workers who carry out work for that business or undertaking.
5: A person who contravenes subsection (2)
a: for an individual, to a fine not exceeding $5,000:
b: for any other person, to a fine not exceeding $25,000.
5: Section 66 replaced (Health and safety committees)
Replace section 66
66: Health and safety committees
1: The following persons may request the PCBU at a workplace to establish a health and safety committee for the business or undertaking or part of the business or undertaking:
a: a health and safety representative for a work group of workers carrying out work at that workplace; or
b: 5 or more workers at that workplace.
2: The PCBU must, as soon as practicable after receiving a request under subsection (1)
3: A PCBU at a workplace may establish a health and safety committee for the workplace or part of the workplace on the PCBU’s own initiative.
4: A person who contravenes subsection (2)
a: for an individual, to a fine not exceeding $5,000:
b: for any other person, to a fine not exceeding $25,000.
6: Section 214 amended (Regulations relating to worker engagement, participation, and representation)
Repeal section 214(1)(b)(v)
2: Consequential amendments to Health and Safety at Work (Worker Engagement, Participation, and Representation) Regulations 2016
7: Principal regulations
This Part amends the Health and Safety at Work (Worker Engagement, Participation, and Representation) Regulations 2016 2023-06-13 Health and Safety at Work (Worker Engagement, Participation, and Representation) Regulations 2016
8: Regulation 3 amended (Interpretation)
In regulation 3(1) ANZSIC classification code
9: Subpart 1 of Part 2 revoked
Revoke subpart 1
10: Regulation 13 amended (Elections)
In regulation 13(2)(b) held conducted
11: Regulation 16 amended (Duty in relation to election)
In regulation 16(2) section 62(2) or (3) section 62(2) or (4)
12: Regulation 27 revoked (Duty to give notice of decision on health and safety committee)
Revoke regulation 27
13: Schedules 2 and 3 revoked
Revoke Schedules 2 3 |
LMS469447 | 2023 | Deposit Takers Act 2023 | 1: Title
This Act is the Deposit Takers Act 2023.
2: Commencement
1: Subpart 2 sections 238 to 244 subpart 7 subpart 5
2: The rest of this Act comes into force on a date or dates set by Order in Council.
3: Any part of the Act that has not come into force by the sixth anniversary of Royal assent comes into force then.
4: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation 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.
1: Preliminary provisions
3: Purposes
1: The main purpose of this Act is to promote the prosperity and well-being of New Zealanders and contribute to a sustainable and productive economy by protecting and promoting the stability of the financial system.
2: To that end, this Act has the following additional purposes:
a: to promote the safety and soundness of each deposit taker:
b: to promote public confidence in the financial system:
c: to the extent not inconsistent with subsection (1) and paragraphs (a), (b), and (d), to support New Zealanders having reasonable access to financial products and services provided by the deposit-taking sector:
d: to avoid or mitigate the adverse effects of the following risks:
i: risks to the stability of the financial system:
ii: risks from the financial system that may damage the broader economy.
4: Principles to be taken into account under this Act
In achieving the purposes of this Act, the Bank must take into account the following principles that are relevant to the performance or exercise of the functions, powers, and duties conferred or imposed on the Bank:
a: the desirability of—
i: taking a proportionate approach to regulation and supervision; and
ii: consistency in the treatment of similar institutions; and
iii: the deposit-taking sector comprising a diversity of institutions to provide access to financial products and services to a diverse range of New Zealanders:
b: the need to maintain competition within the deposit-taking sector:
c: the need to avoid unnecessary compliance costs:
d: the desirability of maintaining awareness of, and responding to,—
i: the practices of overseas supervisors that perform functions in relation to any licensed deposit taker or any holding company of any licensed deposit taker; and
ii: guidance or standards of international organisations:
e: the desirability of ensuring that the risks referred to in section 3(2)(d)
f: the desirability of sound governance of deposit takers:
g: the desirability of deposit takers effectively managing their capital, liquidity, and risk:
h: the desirability of depositors having access to timely, accurate, and understandable information to assist them to make decisions relating to debt securities issued by deposit takers.
5: Overview
1: This Act provides for the licensing, regulation, and prudential supervision of banks and other persons in the business of borrowing and lending money ( deposit takers
2: In this Act,— Preliminary
a: this Part provides for—
i: the purposes of this Act; and
ii: the principles that the Reserve Bank of New Zealand (the Bank Licensing of banks and other deposit takers
b: Part 2
i: requires deposit takers to hold a licence:
ii: provides for when the Bank must issue a licence:
iii: provides for licence conditions:
iv: requires directors and senior managers of deposit takers to be fit and proper persons:
v: requires the Bank’s approval for certain important changes (for example, a change in significant influence over a bank or a significant transaction):
vi: provides for when the Bank may cancel a licence:
vii: provides for appeals against licensing decisions: Regulation of deposit takers
c: Part 3
i: requires a deposit taker to have a current rating of its creditworthiness:
ii: requires a deposit taker to comply with prudential standards. Those standards may relate to, for example, governance, capital, liquidity, exposures to related parties, risk management, disclosure of information, contingency and recovery plans, and internal controls and assurance:
iii: requires directors of a deposit taker (or a New Zealand chief executive officer, in the case of an overseas deposit taker) to exercise due diligence to ensure that the deposit taker complies with its prudential obligations: Supervision of deposit takers
d: Part 4
i: requires the Bank to prudentially supervise deposit takers:
ii: provides for information-gathering, on-site inspection, and investigation powers:
iii: requires a deposit taker to monitor its compliance with the prudential obligations and to report a failure to comply to the Bank:
iv: allows the Bank to require a deposit taker to take action to address a failure to comply:
v: allows the Bank to require a deposit taker to disclose warnings: Enforcement
e: Part 5
i: allows the Bank to accept undertakings:
ii: provides for the High Court to impose a pecuniary penalty for a failure to comply with applicable standards, conditions of a licence, or the due diligence duty for directors and New Zealand chief executive officers:
iii: provides for infringement offences:
iv: creates an offence of giving false or misleading information under this Act:
v: provides for the District Court to ban persons from participating in a deposit-taking business:
vi: provides for when a state of mind or conduct is attributed to a body corporate or other principal: Depositor compensation scheme
f: Part 6
i: provide certain compensation to eligible depositors when the Bank has issued a specified event notice in relation to a licensed deposit taker. The Bank may issue a notice in certain circumstances after, for example, the deposit taker has been put into liquidation or receivership or has entered resolution:
ii: support a resolution measure undertaken in relation to a licensed deposit taker under subpart 5 Crisis management and resolution
g: Part 7
i: gives the Bank the power to issue directions to a licensed deposit taker or an associated person (for example, a direction to avoid or mitigate any adverse effects arising from a deposit taker being in financial distress or other difficulties):
ii: gives the Bank the power to remove, replace, or appoint a director of a licensed deposit taker (for example, when it is necessary or desirable to do so in circumstances where a deposit taker is insolvent or is likely to become insolvent or has materially breached a prudential obligation):
iii: provides for the resolution of a licensed deposit taker or an associated person that is in financial distress or other difficulties:
iv: provides for compensation to be paid to creditors or shareholders that are worse off as a result of a resolution:
v: regulates covered bonds: Miscellaneous provisions
h: Part 8
i: imposes restrictions on the use of the words bank banker banking
ii: provides for co-operation with Australian financial authorities:
iii: provides for the confidentiality of information given to the Bank:
iv: gives the Bank the power to specify how certain things are done under this Act (for example, how to apply for a licence):
v: provides for regulations to support the Act.
3: This section is only a guide to the general scheme and effect of this Act.
6: Interpretation
In this Act, unless the context otherwise requires,— agreement applicable standard subpart 2 approved rating agency subpart 1 associated person associate section 7 Australian financial authority bail-in instrument section 80 Bank Reserve Bank of New Zealand Act 2021 Bank’s Internet site building society section 2(1) business, operation, or management section 99(5) communication constitution
a: in the case of a company within the meaning of section 2(1)
b: in the case of any other entity, the documents or instruments constituting or defining the constitution of the entity co-operative company Co-operative Companies Act 1996 Council of Financial Regulators subpart 4 court see section 187 credit section 6 credit union section 2 current credit rating debt security section 8 deposit taker clause 2 depositor compensation scheme Part 6 designated FMI section 5 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 document section 4(1) eligible depositor section 191 enters resolution section 277 financial markets section 6(1) financial product section 7 financial service section 5 financial service provider
a: the business is the provider’s only business or the provider’s principal business; or
b: the person is required to be registered under the Financial Service Providers (Registration and Dispute Resolution) Act 2008 financial system
a: means the financial system in New Zealand; and
b: includes the financial markets fit and proper certificate section 81(1)(c) FMA Part 2 FMCA Financial Markets Conduct Act 2013 friendly society section 2 governing body
a: in relation to a body corporate, the board of directors (or other persons or body exercising powers of management, however described) of the body corporate:
b: in relation to a partnership or other unincorporated body of persons, either—
i: the board of directors (or other persons or body exercising powers of management, however described) of the partnership or other unincorporated body of persons; or
ii: if there is no board or other persons or body as described in subparagraph (i), the partners of the partnership or members of the unincorporated body of persons Governor section 82 96 holding entity section 7 home jurisdiction
a: in the case of an overseas person that is a body corporate, the country in which that body is incorporated:
b: in the case of an overseas person that is an unincorporated body, the country in which that body has its head office or principal place of business in resolution section 277 information infringement fee infringement offence insolvent A
a: A is unable to pay A’s debts as they become due in the normal course of business; or
b: the value of A’s assets is less than the value of A’s liabilities, including contingent liabilities (and for that purpose section 4(4) investigator subpart 5 law enforcement or regulatory agency section 5 licence Part 2 licensed deposit taker licensed deposit taker group liquidation under New Zealand law section 342 local authority section 5(1) Minister New Zealand chief executive officer
a: the most senior officer of the deposit taker who is ordinarily resident in New Zealand; or
b: another person who may be nominated by the deposit taker and agreed to in writing by the Bank New Zealand chief financial officer
a: the most senior officer of the deposit taker who is ordinarily resident in New Zealand (other than the New Zealand chief executive officer) and who is responsible for the accounting and financial reporting obligations of the deposit taker; or
b: another person who may be nominated by the deposit taker and is agreed to in writing by the Bank non-deposit-taking lender overseas company overseas deposit taker overseas licensed deposit taker overseas person
a: a body corporate incorporated outside New Zealand; or
b: an unincorporated body that has its head office or principal place of business outside New Zealand overseas supervisor personal information section 7(1) protected deposit section 192 prudential legislation section 5 prudential obligation
a: this Act or the regulations:
b: the standards:
c: a condition of a licence issued under Part 2
d: a direction given under this Act:
e: the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 see sections 93(3) 94(3) regulations relative
a: the person’s spouse, civil union partner, or de facto partner; or
b: any parent, step-parent, brother, sister, child, or stepchild of the person; or
c: any parent, step-parent, brother, sister, child, or stepchild of the person’s spouse, civil union partner, or de facto partner resolution manager
a: a person appointed under section 357
b: the Bank if the Bank has appointed itself as a resolution manager or no other person holds office as a resolution manager restricted word
a: means any of the words bank banker banking
b: includes—
i: any of those words as part of any other word:
ii: a translation of those words into another language (whether or not the translation of those words is part of any other word) security interest
a: the form of the transaction; and
b: the identity of the person who has title to the collateral senior manager A
a: if A is an overseas person,—
i: New Zealand chief executive officer:
ii: New Zealand chief financial officer:
b: in any other case,—
i: chief executive:
ii: chief financial officer:
iii: a manager who reports directly to the chief executive significant transaction section 41 SPV standard subpart 2 statement of funding approach subpart 7 subsidiary sections 5 to 8 temporary high balance limit section 203 voting product voting right
a: during a period in which a payment or distribution (or part of a payment or distribution) in respect of the financial product that confers the voting right is in arrears or some other default exists:
b: on a proposal that affects rights attached to the financial product that confers the voting right:
c: during the liquidation of the body corporate:
d: in respect of a special, immaterial, or remote matter that is inconsequential to control of the body corporate.
7: Meaning of associated person and holding entity
1: For the purposes of this Act, unless the context otherwise requires, a person ( A associated B
a: B is A's holding entity or subsidiary; or
b: more than half of the voting products of A, other than voting products that carry no right to participate beyond a specified amount in a distribution of either profits or capital, are held by B and persons that are associated with B (whether directly or indirectly, but other than in a fiduciary capacity); or
c: more than half of the voting products of each of A and B, other than voting products that carry no right to participate beyond a specified amount in a distribution of either profits or capital, 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 carried on in such a manner that the separate business of each person, or a substantial part of it, is not readily identifiable; or
e: there is another person with which both persons are associated.
2: Associated person associate
3: For the purposes of this Act, a person is another person's holding entity
8: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
9: Act binds the Crown
This Act binds the Crown.
2: Licensing of deposit takers
1: Key provisions
10: Deposit taker must be licensed
Every person who carries on business as a deposit taker must hold a licence.
11: Offence for deposit taker to carry on business without licence
1: A person ( A
a: carries on business as a deposit taker without holding a licence; and
b: knows that, or is reckless as to whether, it must hold a licence.
2: A person that 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 $500,000 (or both):
b: in any other case, to a fine not exceeding $5,000,000.
12: Liquidation of deposit taker that carries on business without licence
The court may, on the application of the Bank, appoint a liquidator for a body corporate that may be put into liquidation under or in accordance with the Companies Act 1993 section 10
13: No holding out as licensed
A person that is not licensed as a deposit taker must not, directly or indirectly, hold out that the person is a licensed deposit taker.
14: Offence for holding out
1: A person ( A
a: contravenes section 13
b: knows that, or is reckless as to whether, what they are holding out is not the case.
2: A person that 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 $500,000 (or both):
b: in any other case, to a fine not exceeding $5,000,000.
2: Issue of licences
15: Bank may issue licence
The Bank may issue a licence in accordance with this subpart.
16: Application for licence
1: A body corporate may apply for a licence in the manner that is specified by the Bank.
2: See subpart 4
17: When licence must be issued
1: The Bank must, after receiving an application, issue a licence to which the application relates if the Bank is satisfied that—
a: the applicant has the ability to comply with the prudential obligations (including prudential obligations that the Bank proposes to impose if it issues the licence); and
b: the applicant’s incorporation and ownership structure and its governance structure are appropriate, having regard to the size and nature of the applicant’s business or proposed business; and
c: the applicant’s ownership (including the financial strength and source of funding of each person to which subsection (2) applies) is appropriate, having regard to the size and nature of the applicant’s business or proposed business; and
d: the applicant’s directors, senior managers, and proposed directors and senior managers are fit and proper persons to hold their respective positions; and
e: the applicant is, or will be, registered under the Financial Service Providers (Registration and Dispute Resolution) Act 2008
f: in the case of an applicant that is an overseas person, the criteria set out in section 18
g: the eligibility criteria (if any) that are prescribed by the regulations are satisfied.
2: For the purposes of subsection (1)(c), a person ( A
a: A has the power (whether directly or indirectly) to exercise, or control the exercise of, 25% or more of the voting rights in the applicant; or
b: A has, together with 1 or more connected persons, the power (whether directly or indirectly) to exercise, or control the exercise of, 25% or more of the voting rights in the applicant.
3: In subsection (2), connected person
a: a person who is acting or will act jointly or in concert with A in respect of exercising, or controlling the exercise of, a power referred to in subsection (2)(a) or (b); or
b: a person who acts, or is accustomed to acting, in accordance with the wishes of A.
18: Additional criteria for overseas applicants
1: For the purposes of section 17(1)(f)
a: the law and regulatory requirements of the applicant’s home jurisdiction that apply to the applicant and relate to the relevant matters:
b: the nature and extent of prudential supervision that applies to the applicant and to deposit takers generally in the applicant’s home jurisdiction.
2: The Bank must,—
a: in the case of subsection (1)(a), have regard to whether the law and regulatory requirements of the applicant’s home jurisdiction are, in terms of achieving the purposes of this Act, at least as satisfactory as the law and regulatory requirements of New Zealand that relate to the relevant matters and apply to deposit takers incorporated in New Zealand; and
b: in the case of subsection (1)(b), have regard to whether the prudential supervision is, in terms of achieving the purposes of this Act, at least as satisfactory as the nature and extent of prudential supervision that applies to deposit takers incorporated in New Zealand.
3: The relevant matters
a: the licensing, registration, or authorisation of deposit takers; and
b: the duties and powers of directors; and
c: the capital standards that apply to deposit takers; and
d: the disclosure of financial and other information to the public; and
e: assessments of the fitness and propriety of directors and senior managers; and
f: matters concerning deposit takers that are insolvent or otherwise in serious financial difficulties (including the recognition and priorities of claims of creditors or classes of creditors in the event of an insolvency).
4: In this section, deposit takers
19: Overseas requirements may be treated as appropriate
The following must be treated as being appropriate if the applicant’s home jurisdiction is a jurisdiction prescribed in the regulations:
a: the law and regulatory requirements referred to in section 18(1)(a)
b: the nature and extent of the prudential supervision referred to in section 18(1)(b)
20: Consultation requirements
The Bank must, before making a decision under section 17
a: the FMA; and
b: the applicant about the conditions and standards that the Bank proposes to impose in relation to the applicant (if the Bank issues a licence).
21: Notice of decision
1: The Bank must give notice of its decision under section 17
2: If the Bank refuses to issue a licence, the notice must include a statement of the Bank’s reasons for doing so.
22: Bank must keep register of licensed deposit takers
1: The Bank must keep a public register of licensed deposit takers.
2: The Bank must take all reasonable steps to ensure that the information contained in the public register is available through the Bank’s Internet site.
23: Form and content of register
1: The Bank must determine the form of the register of licensed deposit takers and may amend the form as it considers necessary.
2: The register must include the following in relation to each licensed deposit taker:
a: the name of the deposit taker:
b: the date on which its licence was issued:
c: the deposit taker’s current credit rating under subpart 1
d: a summary of the matters that are specified by a condition of the deposit taker’s licence as referred to in section 92
e: all other information prescribed by the regulations.
3: The register may also include a summary of—
a: 1 or more conditions or standards that apply to the deposit taker; and
b: any other matters that the Bank thinks fit.
3: Conditions of licences
24: Bank may impose conditions on licence
1: The Bank may issue a licence to a person ( A
a: a condition that identifies the standards that A must comply with:
b: a condition that identifies requirements in standards that apply to A: Example
A standard provides that a particular capital requirement applies to a deposit taker if the conditions of its licence state that the requirement applies.
c: conditions that provide for anything that the standards say may or must be provided for by conditions: Example
A standard provides for a specific minimum capital ratio (within a range set out in the standard) that a deposit taker must maintain to be set in a licence condition.
d: conditions that impose limits or restrictions on either or both of the following:
i: the size or nature of the whole or any part of A’s business or proposed business:
ii: any activities that may be carried out by A:
e: in the case of a person that has not yet commenced carrying on the business of borrowing and lending money in New Zealand, either or both of the following:
i: a condition that specifies the time period within which A must commence carrying on that business in New Zealand:
ii: a condition that specifies the extent of that business in New Zealand that A must have within a specified period:
f: a condition that requires A or A’s directors (or both) to certify that 1 or more of the following have been complied with (being certification that is given in the manner specified by the Bank):
i: any prudential obligations:
ii: any requirements of any other legislation that are imposed on A as a licensed deposit taker (for example, financial reporting obligations).
2: See subpart 2
25: Bank may modify conditions of licence
1: The Bank may, at any time after a licence is issued, by notice to the licensed deposit taker,—
a: impose conditions of the licence (whether or not the licence is already subject to conditions); or
b: vary, remove, add to, or substitute any conditions of the licence.
2: The Bank must, before exercising the power,—
a: give the deposit taker not less than 7 days’ notice of the Bank’s intention to do so; and
b: give the deposit taker a reasonable opportunity to make submissions to the Bank; and
c: have regard to those submissions.
3: The notice given to the deposit taker must contain, or be accompanied by, a statement of the Bank’s reasons for proposing to exercise the power.
4: Fit and proper requirements
26: Licensed deposit taker must obtain Bank’s approval before new director or senior manager is appointed
1: A licensed deposit taker must obtain the approval of the Bank before a new director or senior manager is appointed.
2: A request for the Bank to give its approval under this subpart must—
a: contain or be accompanied by a fit and proper certificate for the new director or senior manager; and
b: otherwise be made in the manner that is specified by the Bank.
3: This section does not apply in relation to—
a: a person who is appointed as a senior manager on an interim basis if the terms and conditions specified under section 81(1)(f)
b: an overseas licensed deposit taker ( see instead section 30
27: Offence to appoint new director or senior manager without approval
A licensed deposit taker that contravenes section 26(1)
28: Bank's decision on approval
1: The Bank may, after considering a request for approval under section 26
a: give its approval unconditionally or subject to any conditions that the Bank thinks fit; or
b: refuse to give its approval.
2: The Bank must give notice of its decision to the licensed deposit taker within 20 working days after receiving all of the information that the Bank reasonably requires to assist it in determining whether to give its approval.
3: If the Bank refuses to give its approval or its approval is subject to conditions, the notice under subsection (2) must contain a statement of its reasons.
29: Bank may suspend director or senior manager if approval not obtained
1: If a licensed deposit taker fails to comply with section 26 B
a: acting as a director of the deposit taker:
b: being concerned in, or taking part in the management of, the deposit taker.
2: The order ceases to be in force if the Bank approves the appointment.
3: If B knowingly fails to comply with the order, B commits an offence and is liable on conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $100,000 (or both).
4: See also subpart 5
30: Overseas licensed deposit taker must notify Bank if new director or senior manager is appointed
1: An overseas licensed deposit taker must, no later than 20 working days after the appointment of a new director or senior manager, provide to the Bank a fit and proper certificate for the new director or senior manager.
2: An overseas licensed deposit taker that contravenes subsection (1)
a: an infringement fee of $10,000; or
b: a fine imposed by a court not exceeding $25,000.
31: Bank may require further fit and proper certificate
1: If the Bank has given a notice to a licensed deposit taker that requires it to give to the Bank a fit and proper certificate for a specified director or senior manager, the deposit taker must, in the manner specified by the Bank, comply with the requirement.
2: This section applies whether or not a certificate in respect of the director or officer has previously been provided under this subpart.
3: A licensed deposit taker that contravenes subsection (1)
a: an infringement fee of $10,000; or
b: a fine imposed by a court not exceeding $25,000.
32: Deposit taker’s duty on becoming aware of fit and proper concerns
1: This section applies if a licensed deposit taker becomes aware of information on the basis of which it could reasonably form the opinion that a director or senior manager of the deposit taker is not, or is not likely to be, a fit and proper person to hold the relevant position.
2: The deposit taker must, as soon as practicable, disclose to the Bank all information relevant to that matter that is in the possession or under the control of the deposit taker.
3: In forming an opinion under subsection (1)
4: In this section, director or senior manager section 26
33: Offence to fail to disclose fit and proper concerns
A licensed deposit taker that, without reasonable excuse, contravenes section 32
34: Power to remove directors and senior managers
1: This section applies if the Bank, after having regard to the fit and proper matters specified in an applicable standard, has reasonable grounds to believe that a director or senior manager of a licensed deposit taker is not a fit and proper person to hold the relevant position.
2: The Bank may remove the director or senior manager from the relevant position from a date specified by the Bank.
35: Bank may direct that person may not be reappointed
If the Bank acts under section 34
a: at any time; or
b: for a period specified by the Bank; or
c: until 1 or more things specified by the Bank occur (for example, the director or senior manager receives a specified qualification).
36: Offence to contravene direction
1: A licensed deposit taker that reappoints a person as a director or senior manager in contravention of a direction under section 35
2: A person who has been removed as a director or manager under section 34 section 35
3: A person who commits an offence against subsection (2)
37: Further provisions about power to remove
1: Sections 34 35
2: Sections 34 35
3: Sections 34 35
38: How power to remove is exercised
1: The Bank must, before exercising a power under section 34
a: give the licensed deposit taker and the director or senior manager not less than 7 days' notice of the Bank's intention to do so; and
b: give the licensed deposit taker and the director or senior manager a reasonable opportunity to make submissions to the Bank; and
c: have regard to those submissions.
2: The notice given to the deposit taker and the director or senior manager must contain, or be accompanied by, a statement of the Bank's reasons for proposing to exercise the power.
3: The Bank must exercise the powers conferred by sections 34 35
a: the licensed deposit taker; and
b: the director or the senior manager; and
c: in the case of a director, the Registrar of Companies.
4: A notice given under subsection (3)(c) section 159
5: Bank’s approval required for certain changes
Obtaining significant influence
39: Person who obtains significant influence over licensed deposit taker must obtain Bank’s approval
1: A person ( A
2: In this section and section 40 A obtains significant influence
a: A obtains the power (whether directly or indirectly) to—
i: exercise, or control the exercise of, 25% or more of the voting rights in the deposit taker; or
ii: appoint 50% or more of the directors of the deposit taker; or
b: A obtains, together with 1 or more specified persons, the power (whether directly or indirectly) to—
i: exercise, or control the exercise of, 25% or more of the voting rights in the deposit taker; or
ii: appoint 50% or more of the directors of the deposit taker.
3: In this section and section 40 specified person
a: a person who is acting or will act jointly or in concert with A in respect of exercising, or controlling the exercise of, a power referred to in subsection (2)(b)(i) or (ii)
b: a person who acts, or is accustomed to acting, in accordance with the wishes of A.
4: Subsection (1) see instead section 40
40: Overseas licensed deposit taker must notify Bank if person obtains significant influence
1: If a person ( A B
2: The notice must specify the following information (to the extent that B is aware of the information):
a: A’s name and the names of any specified persons; and
b: the nature and extent of the power referred to in section 39
c: the date on which A obtained the significant influence.
3: An overseas licensed deposit taker that contravenes subsection (1)
a: an infringement fee of $10,000; or
b: a fine imposed by a court not exceeding $25,000. Significant transactions
41: Licensed deposit taker must obtain Bank’s approval before entering into significant transaction
1: A licensed deposit taker must obtain the approval of the Bank before entering into a significant transaction.
2: In this Act, significant transaction
a: a transaction that involves,—
i: in the case of an overseas deposit taker, the transfer of all or a material part of the deposit taker’s New Zealand business to another person; or
ii: in the case of any other deposit taker, the transfer of all or a material part of the deposit taker’s business to another person:
b: any other transaction of a kind that is specified in an applicable standard as a significant transaction in respect of which approval is required under this subpart.
3: Whether a part of a business is material Amalgamation
42: Licensed deposit taker must obtain Bank’s approval before amalgamation
1: A licensed deposit taker must obtain the approval of the Bank before the deposit taker amalgamates with another person (whether it occurs under Part 13
2: In this subpart, amalgamated entity
3: Subsection (1) see instead section 43
43: Overseas licensed deposit taker must notify Bank if it amalgamates with another person
1: If an overseas licensed deposit taker ( A
2: The notice must specify—
a: the names of each amalgamating entity and the amalgamated entity; and
b: the date of the amalgamation.
3: An overseas licensed deposit taker that contravenes this section commits an infringement offence and is liable to—
a: an infringement fee of $10,000; or
b: a fine imposed by a court not exceeding $25,000. Consequences of failing to get approval
44: Offence to fail to get approval
1: A person ( A
a: contravenes section 39 41 42
b: knows that, or is reckless as to whether, it must obtain the Bank’s approval under that section.
2: A person that commits an offence against this section 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 $100,000 (or both):
b: in any other case, to a fine not exceeding $2,500,000.
45: Failure to get approval does not invalidate proposed change
Nothing in this subpart invalidates any change in significant influence over a licensed deposit taker, significant transaction, or amalgamation made without the approval of the Bank. Process for approval
46: Meaning of proposed change
In this subpart, proposed change
a: the obtaining of significant influence over a licensed deposit taker:
b: the entering into of a significant transaction:
c: the amalgamation of a licensed deposit taker with 1 or more other persons.
47: Request for approval
1: A request for the Bank to give its approval under this subpart must be made in the manner that the Bank specifies.
2: A joint request may be made by 2 or more persons that are parties to the proposed change.
48: Report on proposal
1: The Bank may arrange for a suitably qualified person ( B
2: A person that makes a request and every other party to the proposed change must provide to B the information that B requires to assist them in preparing the report.
49: Bank must consider whether it would still be satisfied of licensing matters
The Bank must, in considering a request for approval under this subpart, consider whether, if the proposed change occurs, the Bank would still be satisfied of the matters set out in section 17
50: Bank's decision on approval
1: The Bank may, after considering a request for approval under this subpart,—
a: give its approval unconditionally or subject to any conditions that the Bank may impose under subsection (3)
b: refuse to give its approval.
2: The Bank must give notice of its decision to the licensed deposit taker and any other person who made the request within 20 working days after receiving both of the following:
a: all of the information that the Bank reasonably requires to assist it in determining whether to give its approval:
b: all reports that the Bank has arranged to receive under this subpart in respect of the matter.
3: The approval may be subject to any conditions prescribed by the regulations or conditions that relate to matters prescribed in the regulations.
4: If the Bank refuses to give its approval, the notice under subsection (2)
51: Offence to contravene condition of approval
A person that contravenes a condition of approval imposed under section 50
a: in the case of an individual, to a fine not exceeding $100,000:
b: in any other case, to a fine not exceeding $2,500,000.
52: Requirement for approval is in addition to other requirements
This subpart does not limit any other legislation that must be complied with in order to give effect to a proposed change that requires approval under this subpart (for example, in the case of amalgamating companies, the requirements of Part 13
6: Cancellation
53: Cancellation of licence
1: The Bank may cancel a licence held by a person ( A
a: the information provided under section 16
b: A has contravened a condition under section 24(1)(e)(i)
c: A is not, or is no longer, a deposit taker and A does not owe any obligations to pay money to any eligible depositor under any protected deposit:
d: A has been liquidated, wound up, or dissolved or has otherwise ceased to exist.
2: For the purposes of subsection (1)(c) subpart 4
54: Process for cancelling licence
1: The Bank must, before cancelling a licence held by a person ( A
a: consult the FMA; and
b: give A notice of the Bank’s intention to cancel the licence; and
c: have regard to any objections that are received before the close of the date specified under subsection (2)(b)
2: The notice given to A must—
a: contain, or be accompanied by, a statement of the Bank’s reasons for proposing to cancel the licence; and
b: specify the date by which A must deliver any objection to the Bank (which must be not less than 20 working days after the date of the notice).
3: Subsection (1)(b) and (c)
a: A asked the Bank to cancel its licence; or
b: A has been liquidated, wound up, or dissolved or has otherwise ceased to exist.
55: Notice of cancellation
The Bank must, as soon as practicable after cancelling a licence held by a person ( A
a: notice of the cancellation on the Bank’s Internet site; and
b: in the case of a cancellation under section 53(1)(a) to (c)
7: Appeals
56: Appeals against licensing and fit and proper decisions
A person may appeal to the court against a decision of the Bank under this Part to—
a: decline to issue a licence to the person; or
b: decline to approve the person as a director or senior manager under subpart 4
c: remove the person as a director or senior manager under subpart 4
57: Appeals against other decisions of Bank on questions of law only
A person that considers that any of the following decisions of the Bank is wrong in law may appeal to the court against the decision on a question of law only:
a: a decision to impose conditions on the person’s licence or proposed licence or to vary, revoke, add to, or substitute any conditions on the person’s licence; or
b: a decision to decline to give an approval under subpart 5
58: Appeal does not operate as stay
An appeal under this subpart does not operate as a stay of any decision appealed against unless the court orders otherwise.
3: Regulation of deposit takers
1: Credit rating
59: Licensed deposit taker must have current credit rating
1: A licensed deposit taker must have a current credit rating that is given by an approved rating agency.
2: In this Act, a credit rating
3: See section 70
60: Offence to fail to have current credit rating
A licensed deposit taker that contravenes section 59
61: Bank may approve rating agencies
1: The Bank may approve a person as a rating agency for the purposes of this Act.
2: In deciding whether to approve a person as a rating agency, the Bank must have regard to the following:
a: the independence of the rating agency:
b: the adequacy of resources available to the rating agency:
c: the credibility and objectivity of the rating agency's methodology:
d: the consistency and comparability of the rating agency's ratings when assessed against ratings industry practice:
e: the adequacy of the rating agency's disclosure of information, including information about its processes, experience, and ownership:
f: relevant international standards, codes, and recommended practices relating to the ratings industry.
62: List of approved rating agencies
The Bank must publish and keep up to date a list of approved rating agencies on the Bank's Internet site at all reasonable times.
63: Bank may review approval
1: The Bank may, at any time, review the approval of a person as a rating agency, and in conducting the review the Bank must have regard to the matters in section 61(2)
2: If, after conducting the review, the Bank considers that the person should no longer be an approved rating agency, it may revoke the approval.
3: A credit rating given to a deposit taker by an agency at a time when the agency was an approved rating agency does not cease to be a rating from an approved rating agency for the purposes of this Act by reason of the fact that the approval of the agency has expired or has been revoked.
64: Licensed deposit taker must notify Bank of change in rating
1: A licensed deposit taker must, within 20 working days after receiving notice that its credit rating has changed, deliver to the Bank a certificate by the approved rating agency of the new rating.
2: The certificate must state the date on which it was given.
3: A licensed deposit taker that contravenes this section commits an infringement offence and is liable to—
a: an infringement fee of $10,000; or
b: a fine imposed by a court not exceeding $25,000.
65: Licensed deposit taker must notify Bank of credit watch warning
1: A licensed deposit taker must, within 20 working days after receiving notice that a credit watch warning has been given in respect of the deposit taker’s credit rating, deliver to the Bank a certificate by the approved rating agency of the credit watch warning.
2: The certificate must state the date on which it was given and the reasons for it.
3: In this section, credit watch warning
4: A licensed deposit taker that contravenes subsection (1)
a: an infringement fee of $10,000; or
b: a fine imposed by a court not exceeding $25,000.
66: Disclosure of credit rating on licensed deposit taker's Internet site
1: This section applies to a licensed deposit taker ( A
a: A is required to comply with section 59
b: an Internet site that is maintained by, or on behalf of, A contains information or advertising about debt securities issued by A that are offered in New Zealand.
2: A must ensure that the Internet site—
a: states clearly and prominently—
i: A's current credit rating; and
ii: the name of the agency by which the rating was given; and
iii: the rating scale of which the rating forms part; or
b: contains a prominent link to another Internet site that clearly and prominently states the matters specified in paragraph (a)
3: A licensed deposit taker that contravenes this section commits an infringement offence and is liable to—
a: an infringement fee of $20,000; or
b: a fine imposed by a court not exceeding $50,000.
67: Other advertising of credit ratings
1: A licensed deposit taker may distribute an advertisement that refers to its current credit rating, or to any part of the rating, only if the advertisement also states clearly and prominently—
a: the rating; and
b: the name of the agency that gave the rating; and
c: that a description of any scale of which the rating forms part is available on a specified Internet site.
2: The Internet site that is specified may be an Internet site maintained by, or on behalf of, the licensed deposit taker or the agency that gave the rating.
3: For the purposes of this section and section 68
a: an advertisement is distributed
b: relevant investor clause 2(2)(a)
4: However, this section does not apply to advertising on an Internet site that is maintained by, or on behalf of, a licensed deposit taker (but section 66
5: A licensed deposit taker that contravenes this section commits an infringement offence and is liable to—
a: an infringement fee of $20,000; or
b: a fine imposed by a court not exceeding $50,000.
68: Licensed deposit taker must not disclose or advertise credit ratings from non-approved agencies
1: A licensed deposit taker must not—
a: disclose to a relevant investor a rating from a non-approved agency; or
b: distribute an advertisement for any of the deposit taker's deposit-taking business that refers to a rating from a non-approved agency.
2: Subsection (1)(a)
3: In this section, rating from a non-approved agency
a: means, in relation to a licensed deposit taker, an assessment of its credit or creditworthiness that is in substance a credit rating or financial strength rating (whether called a rating, grading, scoring, ranking, or by any other name) that is issued or given by an agency that is not an approved rating agency; but
b: does not include a credit rating referred to in section 63(3)
4: A licensed deposit taker that contravenes this section commits an infringement offence and is liable to—
a: an infringement fee of $20,000; or
b: a fine imposed by a court not exceeding $50,000.
69: Licensed deposit taker must give public notice of downgrade
1: If a licensed deposit taker’s credit rating is downgraded, the deposit taker must give notice of the downgrade.
2: The notice—
a: must be published on an Internet site maintained by, or on behalf of, the deposit taker; and
b: must be published within 10 working days after the downgrade is given; and
c: may include any additional matter that the deposit taker considers is relevant to a proper understanding of the reasons for the downgrade.
3: In this section, a deposit taker’s credit rating is downgraded
4: A licensed deposit taker that contravenes this section commits an infringement offence and is liable to—
a: an infringement fee of $20,000; or
b: a fine imposed by a court not exceeding $50,000.
70: Bank may grant exemptions from credit rating requirements
1: The Bank may, on the terms and conditions (if any) that it thinks fit, exempt any person or class of persons from compliance with section 59
2: The Bank’s reasons for granting an exemption (including why it is appropriate) must be published together with the exemption.
3: An exemption granted under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
71: Restriction on Bank’s exemption power
1: The Bank must not grant an exemption from compliance with section 59
a: the exemption is not inconsistent with the purposes of this Act; and
b: the costs of compliance with the provision would be unreasonable or not justified by the benefit of compliance; and
c: the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption.
2: When considering the matters under subsection (1)
a: the size and nature of the businesses of the licensed deposit takers to which the exemption will relate; and
b: the extent to which the risks associated with not having a credit rating could be addressed or mitigated by the terms or conditions of the exemption (for example, a condition that requires an exempted deposit taker to hold additional capital).
3: Subsection (2) section 4 Guidance note
Section 4
2: Standards
72: Bank may issue standards
1: The Bank may, in accordance with this subpart, issue standards if the Bank is satisfied that the standards are necessary or desirable for 1 or more of the purposes of this Act.
2: Standards issued 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 The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
73: Licensed deposit taker must comply with applicable standards
1: A licensed deposit taker must comply with all applicable standards.
2: See subpart 2
74: Application of standards
1: A standard may do either or both of the following:
a: apply to all deposit takers, a particular deposit taker, or a class of deposit takers:
b: apply in all circumstances, particular circumstances, or a class of circumstances. Example
Different lending standards may apply to lending to customers in different geographical areas.
2: A standard may provide for either or both of the following ( see section 24(1)(a) and (b)
a: the standard to apply to a deposit taker if a condition of its licence states that the standard applies:
b: a requirement of the standard to apply to a deposit taker if a condition of its licence states that the requirement applies.
3: Subsection (2) subsection (1)
4: If a matter referred to in any of sections 78 to 90 Procedural matters
75: Procedure for issuing standards
1: Before issuing a standard (the proposed standard
a: notify the Minister of the prudential policy that the Bank intends to implement through the proposed standard; and
b: consult the other members of the Council of Financial Regulators; and
c: consult the persons, or representatives of the persons, that the Bank considers will be substantially affected by the issue of the proposed standard. Guidance note
See also
2: A failure to comply with this section does not affect the validity of any standard.
76: When procedural requirements do not apply
1: Section 75(1)(a)
a: the proposed standard will apply only to a particular deposit taker; or
b: the Bank is satisfied that the prudential policy is of a minor or technical nature only.
2: Section 75(1)(b) and (c)
a: is only correcting a minor error; or
b: is otherwise of a minor or technical nature only. Proportionality framework
77: Bank must prepare and publish framework for taking proportionality principle into account when developing standards
1: The Bank must—
a: prepare and keep up to date a proportionality framework; and
b: publish a copy of the framework on the Bank’s Internet site.
2: The proportionality framework must set out how the Bank takes into account, or proposes to take into account, the principle under section 4(a)(i) Guidance note
The principle under section 4(a)(i)
3: When preparing the proportionality framework, the Bank must have regard to the following:
a: the size and nature of the businesses of different deposit takers:
b: the extent to which a range of different requirements are necessary or desirable to promote the safety and soundness of each deposit taker:
c: the relative importance of different deposit takers to the stability of the financial system.
4: Before publishing the proportionality framework, the Bank must consult the persons, or representatives of the persons, that the Bank considers will be substantially affected by the framework. Subject matter of standards
78: Governance, incorporation structure, and ownership
A standard may regulate, deal with, or otherwise relate to 1 or more of the following matters:
a: the governance of a deposit taker, including—
i: its organisational structure and the structure of its licensed deposit taker group; and
ii: the composition, size, and structure of the governing body; and
iii: the responsibilities of the governing body, of committees of that body, and of its management:
b: the remuneration of, and incentives available to, directors, senior managers, and employees and for any compensation or other benefits payable to directors, senior managers, and employees who cease to hold office, including matters relating to—
i: governance of remuneration and incentive practices; and
ii: alignment of those practices with prudent risk taking; and
iii: supervisory oversight and engagement by stakeholders:
c: the incorporation structure of a deposit taker, including matters relating to—
i: a deposit taker’s constitution (including prohibiting or restricting provisions that may be included in a constitution or requiring a constitution to include specified provisions); and
ii: whether a deposit taker must be incorporated under New Zealand legislation:
d: the ownership structure of a deposit taker and its ownership.
79: Capital, liquidity, security interests, and credit ratings
A standard may regulate, deal with, or otherwise relate to 1 or more of the following matters:
a: capital, including matters relating to capital ratios, minimum capital, assessing capital adequacy, capital recognition, capital repayment, defining categories of qualifying capital, and methods of calculating capital:
b: liquidity, including matters relating to managing liquidity risk, contingency funding, defining categories of qualifying liquidity, and methods of calculating liquidity:
c: security interests given over the property of the deposit taker, including 1 or more of the following:
i: limits on the proportion of the deposit taker’s property that may be subject to a security interest:
ii: restrictions or prohibitions on the property to which a security interest may relate:
iii: restrictions or prohibitions on who may be given a security interest over the deposit taker’s property:
iv: any other requirements relating to the terms and conditions of agreements that create or provide for a security interest:
d: ratings of creditworthiness required to be held by a licensed deposit taker, including—
i: the type of rating (for example, whether it is a short-term or long-term rating); and
ii: what the rating must relate to (for example, whether it indicates the creditworthiness of a deposit taker with respect to a specific financial obligation or applies to the deposit taker’s overall creditworthiness).
80: Bail-in standards
1: A standard may regulate, deal with, or otherwise relate to bail-in instruments (a bail-in standard
2: A bail-in standard may (without limitation) do 1 or more of the following:
a: require a licensed deposit taker ( A
b: specify the terms and conditions that must be included in those bail-in instruments:
c: specify the events or other circumstances in which the matters in subsection (4)(a), (b), (c), or (d)
d: specify the manner in which those bail-in instruments must be offered, entered into, or arranged:
e: provide for how much must be raised in connection with those bail-in instruments and how much must be owed in connection with those bail-in instruments.
3: The events or circumstances under subsection (2)(c)
a: the Bank giving a direction under subpart 3
b: the Bank giving a notice to A.
4: A bail-in instrument
a: the financial product or any rights or interests in connection with the agreement to be converted into, or exchanged for, 1 or more equity securities (or some other financial product) of A or of a subsidiary of A:
b: the reduction or cancellation of an amount owing under the financial product or agreement (in whole or in part):
c: the extension of the time for payment of an amount owing under the financial product or agreement (in whole or in part):
d: any other variation of the terms and conditions of the financial product or agreement. Examples
Convertible debt securities A bail-in standard requires a licensed deposit taker ( A The standard requires the debt securities to be offered under particular terms and conditions. Under those terms and conditions, the Bank may give a direction to A that triggers the conversion of those debt securities into ordinary shares in A. Loan under which amount may be written off A bail-in standard requires a licensed deposit taker ( B
81: Fit and proper persons
1: A standard may regulate, deal with, or otherwise relate to matters to ensure that only a fit and proper person may be appointed to, and continue to hold, a position as a director or senior manager, including—
a: specifying the matters that are relevant to the consideration of whether a person is a fit and proper person to be appointed to, and continue to hold, a position as a director or senior manager; and
b: specifying the information that must be provided to the Bank when seeking the Bank’s approval of the appointment of a director or senior manager; and
c: specifying the contents of fit and proper certificates; and
d: imposing requirements for establishing, implementing, maintaining, and complying with a policy for the purpose of ensuring that only fit and proper persons are appointed to, and continue to hold, positions as directors or senior managers (a fit and proper policy
e: imposing requirements for re-assessing whether a director or senior manager is a fit and proper person to continue to hold their position; and
f: specifying, for the purposes of section 26(3)(a)
2: A standard for a fit and proper policy may (without limitation) require the policy to do 1 or more of the following:
a: specify the qualifications, requirements, and other criteria for a particular position, including matters relating to a person’s character, competence, and experience relative to the duties of the position:
b: contain provisions to encourage any person to disclose information to the deposit taker or the Bank that may be relevant to a fit and proper assessment:
c: contain provisions for giving or obtaining any consents required for the collection and use of any information by—
i: the deposit taker to comply with the policy or subpart 4
ii: the Bank for the performance or exercise of its functions, powers, or duties in connection with the policy.
82: Lending and other exposures
1: A standard may regulate, deal with, or otherwise relate to 1 or more of the following matters:
a: loan concentration and risk exposures:
b: a deposit taker’s business of lending money (a lending standard
c: exposures to related parties of a deposit taker, including any of the following matters:
i: requiring transactions between a deposit taker and any related party to be entered into only on a particular basis (for example, on arm’s-length terms):
ii: monitoring transactions between a deposit taker and any related party:
iii: managing risks arising from exposures to any related party:
iv: writing-off exposures to any related party:
v: any other limits or restrictions on exposures to related parties.
2: A lending standard may specify income-based criteria, asset-based criteria, or any other criteria that must be applied by a deposit taker (or non-deposit-taking lender) when determining whether a person qualifies for a loan or the provision of any other credit. Examples of criteria
The types of criteria that may be specified include debt-to-income ratios and loan-to-value ratios.
3: A lending standard may impose reporting requirements in connection with the other requirements of the standard.
4: A standard may define related party for the purposes of subsection (1)(c)
5: In this subpart, lending clause 1
83: Classes of lending must be prescribed by regulations
1: A lending standard may relate only to the class or classes of lending that are prescribed by the regulations.
2: The regulations may prescribe classes of lending by reference to the purpose of the lending, the nature of the lending, or any other circumstances in which the lending occurs.
84: Application of lending standards may extend to non-deposit-taking lenders
1: A lending standard may apply to a particular non-deposit-taking lender or class of non-deposit-taking lenders if the regulations authorise the Bank to issue a lending standard with that application.
2: A non-deposit-taking lender to which a lending standard applies must comply with the standard ( see subpart 2
85: Risk management, business continuity planning, and problem assets
A standard may regulate, deal with, or otherwise relate to 1 or more of the following matters:
a: the management by a deposit taker of 1 or more of the following risks (including policies and processes to identify, measure, evaluate, monitor, report on, control, and mitigate those risks):
i: operational risk:
ii: credit risk:
iii: liquidity risk:
iv: interest rate risk:
v: concentration risk:
vi: market risk:
vii: model risk (for example, the risk that a model for calculating capital will not perform adequately):
viii: cybersecurity risk:
b: policies and processes for—
i: business continuity planning:
ii: the early identification and management of problem assets (including the classification and valuation of those assets); and
iii: maintaining adequate provisions and reserves in connection with problem assets.
86: Depositor compensation
A standard may regulate, deal with, or otherwise relate to any 1 or more of the following matters in connection with the depositor compensation scheme:
a: making available to the Bank the information that the Bank considers is necessary or desirable for the performance or exercise of its functions, powers, or duties under Part 6
b: gathering the information referred to in paragraph (a)
c: providing for the identification of a debt security as being issued out of, or administered by, an overseas office or branch of a licensed deposit taker or a New Zealand office or branch of that deposit taker ( see section 192(2)(a)
d: facilitating the Bank’s ability to provide entitlements to compensation to, or on account of, eligible depositors under Part 6 Guidance note
See section 88
87: Covered bonds and securitisation
A standard may regulate, deal with, or otherwise relate to any 1 or more of the following in connection with covered bonds or other securitisation arrangements:
a: information that must be provided to the Bank for the purposes of subpart 10
b: requirements in relation to covered bonds for the purposes of section 411(2)(g)
c: limits on the proportion of property that may be beneficially owned by a person (for example, a special purpose vehicle) that grants, or may grant, a security interest in its property for the benefit of a holder of a covered bond:
d: restrictions or prohibitions on the property to which a covered bond or any other securitisation arrangement may relate:
e: restrictions or prohibitions on who may be a party to a covered bond or other securitisation arrangement:
f: any other requirements relating to the terms and conditions of covered bonds or other securitisation arrangements.
88: Disclosure of information
1: A standard may regulate, deal with, or otherwise relate to the disclosure of information to the Bank, the public, or any other person or class of persons (a disclosure standard
2: A disclosure standard may (without limitation)—
a: provide for when and how disclosure information must be published, provided, or otherwise made available, including providing for any of the following:
i: any document of the kind that is specified in the standard and that is required by any relevant legislation to contain, be amended to contain, or be accompanied by the disclosure information:
ii: any other communication of the kind that is specified in the standard to contain, or be accompanied by, the disclosure information:
iii: a symbol to be used in the circumstances specified in the standard; and Example
A standard may require a deposit taker to use a symbol to identify its protected deposits in advertisements, on Internet sites, and in account statements.
b: provide to whom the disclosure information must be published, provided, or otherwise made available (for example, the Bank, the public, or a particular class of the public); and
c: prescribe the information that must, or must not, be disclosed in the disclosure information, including requiring the disclosure of information about any of the following in connection with a licensed deposit taker or licensed deposit taker group:
i: governance and other corporate matters:
ii: financial matters (for example, the deposit taker’s financial condition and performance):
iii: risk exposure and risk management:
iv: prudential matters:
v: matters in connection with the depositor compensation scheme:
vi: any other matters relating to the business, operation, and management of the deposit taker or licensed deposit taker group; and
d: prohibit or restrict the use in disclosure information of prescribed words, information, sounds, images, graphics, or other matters; and
e: prescribe requirements for preparing and presenting financial information; and
f: prescribe requirements as to the layout or method of presentation of disclosure information (including the length of a document that contains the information and of the parts of that document, the size of type used, and when information may be incorporated by reference); and
g: prescribe the documents that must, or must not, accompany disclosure information.
3: In this section, disclosure information
4: In this section, relevant legislation
a: prudential legislation:
b: financial markets legislation within the meaning of section 4
c: the Anti-Money Laundering and Countering Financing of Terrorism Act 2009
89: Contingency and recovery plans and facilitating resolution under Part 7
Contingency and recovery plans
1: A standard may regulate, deal with, or otherwise relate to contingency and recovery plans, including 1 or more of the following matters:
a: the purposes for which a deposit taker must have those plans (for example, to ensure that a deposit taker is reasonably prepared in the event of a resolution under subparts 4 to 8
b: the contents of those plans, for example, the scenarios the plans must cover and the strategies and methods that must be included in the plans for dealing with those scenarios:
c: the persons responsible for maintaining, activating, or implementing those plans:
d: the notifying of the Bank of the activation of those plans:
e: the arrangements for activating and implementing those plans (for example, obtaining necessary human, technological, financial, and other resources):
f: the reviewing, updating, or testing of those plans:
g: the changing of those plans (including when the Bank requires a change to be made). Facilitating resolution under Part 7 (including pre-positioning requirements)
2: A standard may regulate, deal with, or otherwise relate to any matters to ensure that, in the event of a resolution under subparts 4 to 8 section 259
a: the deposit taker having appropriate capacity and capability to help ensure that any financial distress or other difficulties that may occur are dealt with in an orderly manner (for example, having appropriate policies, processes, controls, or other arrangements in place):
b: an implementation plan in connection with the matters referred to in paragraph (a)
c: a regular process to test the matters referred to in paragraph (a) Examples
Mechanisms to support customers’ access A standard may require a bank ( A Mechanisms to support separability A’s business has 3 main parts: residential property lending, rural lending, and other business lending. A standard may require A to arrange its operations to enable those parts to be efficiently restructured or separated out if A enters resolution. See section 319
90: Other matters
1: A standard may regulate, deal with, or otherwise relate to 1 or more of the following matters: Outsourcing
a: arrangements for any business, or functions relating to any business, of a deposit taker to be carried on by any person other than the deposit taker: Significant transactions
b: when a transaction is a significant transaction in respect of which approval is required under subpart 5 section 41 Restrictions or prohibitions on activities
c: restrictions or prohibitions on either or both of the following:
i: the activities that a deposit taker may carry out other than in their capacity as a deposit taker:
ii: the activities that a deposit taker (other than an overseas person) may carry out outside New Zealand: Internal controls and internal assurance function
d: internal controls and assurance, including—
i: internal controls in connection with organisational structure, accounting systems, checks and balances, and safeguarding property; and
ii: the review and assessment of the adequacy and effectiveness of internal controls; and
iii: the performance of an independent and effective internal assurance function: Matters prescribed in regulations
e: any other matters that may be prescribed in the regulations.
2: In this section, internal assurance function
a: assessing policies, processes, and internal controls; and
b: providing assurance that policies and processes are being complied with. Bank’s approval may be required
91: Standards may require Bank’s approval
1: A standard may impose a requirement for the Bank’s approval in connection with a matter referred to in any of sections 78 to 90 Examples
Standard relating to capital A standard may require the Bank’s approval relating to capital recognition, capital repayment, and methodologies for calculating capital adequacy. Standard relating to overseas activities A standard may require a deposit taker to obtain the Bank’s approval before establishing an overseas branch or subsidiary.
2: If a standard provides for the Bank’s approval,—
a: the standard must set out an appropriate manner in which the Bank must decide whether to give its approval and any conditions of the approval (for example, by specifying the matters that the Bank must have regard to, or be satisfied of, when deciding those matters); and
b: a request for approval must be made in the manner specified by the Bank.
3: A contravention of a condition of the Bank’s approval must be treated as being a contravention of the standard that imposed the requirement for the Bank’s approval. Guidance note
See subpart 2 Part 5 Conditions
92: Standards may provide for matters to be specified by conditions
1: The purpose of this section is to provide the flexibility to allow the requirements or other matters in standards to be set in a manner that takes into account the circumstances of particular deposit takers.
2: A standard may provide for a requirement or other matter to be specified by a condition of a licence if the Bank, after having regard to the considerations under subsection (3) subsection (4) Example
A standard specifies a range of quantitative capital requirements and provides for the requirements that apply to a particular deposit taker to be set within that range in the conditions of the deposit taker’s licence.
3: The Bank must have regard to—
a: the purpose of this section; and
b: whether the requirement or other matter would be more appropriately dealt with in standards only (rather than being specified by a condition of a licence).
4: The Bank must be satisfied that the standard—
a: sets an appropriate range or limit within which the requirement or matter may be specified by the condition; or
b: sets out an appropriate manner for the Bank to decide on the terms of the condition (for example, by specifying the matters that the Bank must have regard to, or be satisfied of, when deciding what condition is to apply).
3: Directors’ and New Zealand chief executive officers’ due diligence duty
93: Duty of directors of licensed deposit takers
1: Every director of a licensed deposit taker must exercise due diligence to ensure that the deposit taker complies with its prudential obligations.
2: For the purposes of this section, the director must exercise the care, diligence, and skill that a reasonable director would exercise in the same circumstances, taking into account (without limitation)—
a: the size and nature of the business of the deposit taker; and
b: the position of the director and the nature of the responsibilities undertaken by the director.
3: In this section, prudential obligation section 6 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
4: This section does not apply in relation to an overseas licensed deposit taker ( see instead section 94
5: See subpart 2 2015 No 70 s 44
94: Duty of New Zealand chief executive officers of overseas licensed deposit takers
1: Every New Zealand chief executive officer of an overseas licensed deposit taker must exercise due diligence to ensure that the deposit taker complies with its prudential obligations.
2: For the purposes of this section, the New Zealand chief executive officer must exercise the care, diligence, and skill that a reasonable New Zealand chief executive officer would exercise in the same circumstances, taking into account (without limitation)—
a: the size and nature of the business of the deposit taker; and
b: the position of the New Zealand chief executive officer and the nature of the responsibilities undertaken by them.
3: In this section, prudential obligation section 6 Anti-Money Laundering and Countering Financing of Terrorism Act 2009
4: See subpart 2 Part 5
95: Meaning of due diligence
In this subpart, due diligence
a: requires its employees and agents to follow procedures, or has implemented automated procedures, that are designed to ensure compliance with the prudential obligations; and
b: has in place methods for systematically identifying deficiencies in the effectiveness of the procedures for compliance; and
c: promptly remedies any deficiencies discovered.
96: Use of information and advice
1: This section applies to each of the following persons ( A
a: a director of a licensed deposit taker:
b: a New Zealand chief executive officer of an overseas licensed deposit taker.
2: A 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 licensed deposit taker whom A 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 A believes on reasonable grounds to be within the person’s professional or expert competence:
c: in the case of a director, any other director or committee of directors upon which A did not serve in relation to matters within the other director’s or committee’s designated authority.
3: However, subsection (2)
a: act in good faith; and
b: make proper inquiry where the need for inquiry is indicated by the circumstances; and
c: have no knowledge that such reliance is unwarranted.
97: Bank must prepare guidance about due diligence duties
1: The Bank must—
a: prepare and keep up to date guidance about the duties under this subpart; and
b: publish a copy of the guidance on the Bank’s Internet site.
2: The guidance must include guidance about the respective roles and responsibilities of directors and senior managers.
3: Before publishing the guidance, the Bank must consult—
a: the persons, or representatives of the persons, that the Bank considers will be substantially affected by the duties under this subpart; and
b: 1 or more entities that—
i: issue guidance, or provide training, in relation to directors’ duties or other matters relating to governance; or
ii: otherwise act as a professional body for directors.
4: As soon as practicable after publishing the guidance, the Bank must also publish on its Internet site—
a: a list of the names of the persons that made a written submission to the Bank as part of the consultation process under subsection (3)
b: a copy of each of those submissions.
5: However, the Bank is not required to publish a copy of the whole or any part of a submission under subsection (4)
a: the person who made the submission requests (in the manner that is specified by the Bank) that the Bank not publish the submission or that part; or
b: the Bank is satisfied that there is a good reason to not publish the submission or that part (for example, to protect the privacy of an individual, to protect confidential information, or to avoid infringing copyright).
4: Supervision of deposit takers
Bank to undertake prudential supervision
98: Prudential supervision
The Bank must in accordance with this Part undertake prudential supervision of licensed deposit takers.
1: Bank’s information-gathering power
99: Bank may require person to supply information for purposes of Act
1: If the Bank considers it necessary or desirable for the purposes of performing or exercising its functions, powers, or duties under this Act, the Bank may, by notice to any person, require the person to do 1 or more of the following:
a: give to the Bank any information, or class of information, that is specified in the notice:
b: produce for inspection any documents, or class of documents, that are specified in the notice:
c: if necessary, reproduce, or assist in reproducing, in usable form, information recorded or stored in those documents.
2: The information required under subsection (1)(a)
a: for the periods, and in the form (including consolidated form), that may be specified in the notice; and
b: in respect of the business, operation, or management of a person who is or may be any of the following:
i: a deposit taker or any other financial service provider:
ii: an associated person of a deposit taker; and
c: in respect of business carried on in New Zealand or elsewhere and whether as principal, broker, agent, or intermediary; and
d: within the period, and otherwise in the manner, that is specified in the notice.
3: The person must comply with subsection (1)(b) and (c)
4: The Bank may take copies of any documents produced for inspection under subsection (1)
5: For the purposes of this Act, a reference to matters relating to the business, operation, or management
100: Offence to fail to supply information
1: A person commits an offence if they refuse or fail, without reasonable excuse, to comply with a notice under section 99
2: A person who commits an offence against subsection (1)
a: in the case of an individual, a fine not exceeding $50,000:
b: in any other case, a fine not exceeding $500,000.
101: Bank may require report relating to licensed deposit taker or associated person
1: The Bank may, by notice to a licensed deposit taker, require the deposit taker to give the Bank a report or series of reports on any matters relating to the business, operation, or management of either or both of the following:
a: the deposit taker:
b: any associated person of the deposit taker.
2: The report or series of reports must be prepared by a person approved by the Bank.
3: The notice must contain a statement of the reasons why the Bank wants the report or series of reports to be given.
4: The licensed deposit taker must comply with the notice within the period, and otherwise in the manner, that is specified in the notice.
102: Associated person must supply information
An associated person of the licensed deposit taker must, if required to do so by the deposit taker, supply information relating to the person in order to enable the deposit taker to comply with a notice under section 101
103: Bank may require report to be published
1: The Bank may, by notice to a licensed deposit taker, require the deposit taker to publish a report or series of reports under section 101
2: The notice must contain a statement of the reasons why the Bank wants the report or series of reports to be published.
3: The licensed deposit taker must comply with the notice within the period, and otherwise in the manner, that is specified in the notice.
104: Offence to fail to give or publish report
A licensed deposit taker or an associated person that, without reasonable excuse, contravenes a requirement under any of sections 101 to 103
a: in the case of an individual, a fine not exceeding $50,000:
b: in any other case, a fine not exceeding $500,000.
105: Requirement that information be audited or reviewed
1: The Bank may, by notice, require a licensed deposit taker or other person to obtain an audit or a review of any information that the deposit taker or other person is required to give to the Bank under—
a: this subpart; or
b: an applicable standard or a condition; or
c: any other prudential obligation.
2: The audit or review must be carried out by an auditor, or other person, approved by the Bank.
3: The licensed deposit taker or other person must comply with the notice within the period, and otherwise in the manner, that is specified in the notice.
106: Offence to fail to obtain audit or review
A licensed deposit taker or other person that, without reasonable excuse, contravenes a requirement under section 105
a: in the case of an individual, a fine not exceeding $50,000:
b: in any other case, a fine not exceeding $500,000.
107: Disclosure of information to Bank by auditors
1: This section and sections 108 to 110 auditor
2: An auditor must disclose to the Bank information relating to the affairs of the licensed deposit taker or associated person obtained in the course of holding office as auditor if, in the opinion of the auditor,—
a: the licensed deposit taker or associated person—
i: has contravened a prudential obligation; or
ii: has contravened section 455
iii: has contravened subpart 3
iv: is in serious financial difficulties; or
v: is, or has been, operating fraudulently or recklessly; and
b: the disclosure of the information is likely to assist, or be relevant to, the performance or exercise by the Bank of its functions, powers, or duties under this Act.
108: Auditor to inform of intention to disclose
An auditor must, before disclosing any information to the Bank under section 107
109: Protection of auditor
1: No civil, criminal, or disciplinary proceedings lie against an auditor arising from the disclosure in good faith of information to the Bank under section 107
2: No tribunal, body, or authority having jurisdiction in respect of the professional conduct of an auditor may make any order against, or do any act in relation to, the auditor in respect of the disclosure referred to in subsection (1)
110: Admissibility of information
1: No information received by the Bank under section 107
2: This section does not limit the admissibility of any information obtained in any other way.
2: On-site inspection
111: Purpose
The purpose of this subpart is to facilitate the Bank’s ability to undertake prudential supervision of licensed deposit takers by doing 1 or more of the following:
a: assessing the adequacy of a licensed deposit taker’s policies, processes, controls, or other arrangements for complying with its prudential obligations:
b: verifying a licensed deposit taker’s compliance with its prudential obligations:
c: verifying the reliability of information supplied to the Bank by a licensed deposit taker under this Act:
d: examining any matter relating to the business, operation, or management of a licensed deposit taker in order to understand and identify risks in connection with those matters:
e: monitoring a licensed deposit taker’s compliance with a remedial notice or plan under subpart 4
f: examining the financial position or performance or cash flows of a licensed deposit taker:
g: carrying out a review of all, or 1 or more classes of, licensed deposit takers, in connection with 1 or more matters of prudential supervision (for example, a review of governance throughout the deposit-taking sector):
h: doing any other thing that is incidental and related to, or consequential on, any thing that the Bank does under paragraphs (a) to (g)
112: Bank may conduct on-site inspection
1: The Bank may enter and remain at any relevant place to carry out an on-site inspection of a licensed deposit taker if the Bank considers it necessary or desirable for the purposes of doing 1 or more of the things referred to in section 111
2: The Bank—
a: may exercise the power only at a reasonable time and in a reasonable manner; but
b: is not required to give notice of the exercise of the power.
3: In this subpart, relevant place
113: Person may be required to answer questions or give information
During an on-site inspection, the Bank may require any employee, director, or agent of the licensed deposit taker to—
a: answer questions relating to its records and documents; and
b: give all other information that the Bank may reasonably require for the purpose of the inspection.
114: Offence relating to on-site inspection
1: An employee, a director, or an agent of the licensed deposit taker commits an offence if they, without reasonable excuse,—
a: refuse or fail to comply with a requirement under section 113
b: resist, obstruct, or delay the Bank in carrying out an on-site inspection under this subpart.
2: A person who commits an offence against subsection (1)
a: in the case of an individual, a fine not exceeding $50,000:
b: in any other case, a fine not exceeding $500,000.
3: Reporting duty
115: Licensed deposit taker must monitor compliance
Every licensed deposit taker must ensure that there are in place effective methods for monitoring the licensed deposit taker’s compliance with the prudential obligations.
116: Licensed deposit taker must report contraventions
1: This section applies if a licensed deposit taker believes that it has contravened, may have contravened, or is likely to contravene a prudential obligation in a material respect.
2: The licensed deposit taker must, as soon as practicable after it forms the belief, give the Bank a report containing—
a: details of the belief; and
b: the licensed deposit taker’s grounds for the belief; and
c: all other information prescribed by the regulations (if any).
117: Offence to fail to monitor compliance and report contraventions
A licensed deposit taker that, without reasonable excuse, contravenes section 115 116
118: Restriction on use of report
A report given by a licensed deposit taker under this subpart is not admissible as evidence in a civil or criminal proceeding against the deposit taker, except in a criminal proceeding that concerns the falsity of the report.
4: Remedial notices and plans
119: Bank may require licensed deposit taker to take action in relation to contravention
1: This section applies if—
a: a licensed deposit taker has given the Bank a report under subpart 3
b: the Bank otherwise has reasonable grounds to believe that a licensed deposit taker has contravened, may have contravened, or is likely to contravene a prudential obligation.
2: The Bank may, by notice (a remedial notice
a: to take specified actions within a specified period—
i: to address the cause, or to remedy or mitigate the consequences, of the contravention; or
ii: to ensure that the contravention does not occur or recur; or
b: to give to the Bank a plan (a remedial plan
3: The remedial plan must set out the following:
a: actions that the deposit taker will take—
i: to address the cause, or to remedy or mitigate the consequences, of the contravention; or
ii: to ensure that the contravention does not occur or recur:
b: an appropriate timetable for taking the proposed actions to ensure that they are taken as soon as practicable:
c: steps that the deposit taker will take to keep the plan current:
d: any other matters required by the remedial notice.
4: The deposit taker must comply with a remedial notice in the manner specified in the notice.
120: Bank’s consideration of remedial plan
1: If a licensed deposit taker gives a remedial plan to the Bank, the Bank may—
a: approve the remedial plan; or
b: require the deposit taker to amend the remedial plan and resubmit it to the Bank by a specified date for approval or rejection; or
c: reject the remedial plan.
2: Nothing in this section limits the Bank’s power to issue a further remedial notice under section 119(2)(a)
121: Bank may require amendment of remedial plan
1: The Bank may at any time require the licensed deposit taker to amend a remedial plan that has been approved by the Bank.
2: If the Bank acts under subsection (1) section 120(1)(b)
122: Remedial plan may also be amended with Bank’s approval
1: A licensed deposit taker may also, at any time, amend a remedial plan that has been approved by the Bank, but only with the Bank’s approval.
2: This section does not limit section 121
123: Licensed deposit taker must comply with remedial plan
If the Bank approves a remedial plan (whether as first provided or after amendment), the licensed deposit taker must take all reasonable steps to comply with the remedial plan.
124: Other provisions relating to remedial notices and plans
1: Neither a remedial notice nor a remedial plan may require the licensed deposit taker to pay compensation.
2: A remedial notice must set out the reasons for which it is given.
125: Offence to contravene remedial notice, fail to give amended remedial plan, or fail to take steps to comply with remedial plan
A licensed deposit taker that intentionally or recklessly contravenes section 119 121 123
5: Investigations
126: Bank may appoint investigator
1: This section applies if the Bank has reasonable cause to suspect that 1 or more of the following apply:
a: a deposit taker or other person has failed to comply with subpart 1
b: a licensed deposit taker or other person has contravened, is contravening, or is likely to contravene a prudential obligation:
c: a licensed deposit taker has been or is operating fraudulently or recklessly.
2: If the Bank considers it necessary or desirable for the purposes of performing or exercising its functions, powers, or duties under this Act, the Bank may appoint, in writing, a person (an investigator subsection (1)
3: The investigator must be an employee of the Bank or any other person who the Bank is satisfied is suitably qualified.
4: This subpart does not limit the Bank’s information-gathering powers under subpart 1
127: Power to obtain information
1: An investigator may, for the purposes of carrying out an investigation of the affairs of a person ( A section 126(1)
a: by notice, require A, or any director or employee of A, or any other person, to—
i: give any information, or class of information, relating to the business, operation, or management of A; or
ii: produce for inspection any documents, or class of documents, of or relating to the business, operation, or management of A that are in the custody or under the control of A or the director, employee, or other person; or
iii: if necessary, reproduce, or assist in reproducing, in usable form, any information recorded or stored in those documents:
b: take copies of any documents produced for inspection under paragraph (a)
c: require any director or employee of A, or any other person, to answer any question relating to the business, operation, or management of A.
2: Any questioning under subsection (1)(c)
3: An investigator who exercises any powers under this section must, if requested, produce the instrument of the investigator's appointment.
128: Power to enter and search place, vehicle, or other thing
1: An investigator may, for the purposes of carrying out an investigation of the affairs of a person ( A section 126(1)
a: the occupier of the place consents or the person in charge of the vehicle or thing consents; or
b: the investigator obtains a warrant under this section.
2: An issuing officer (within the meaning of section 3 subpart 3
a: A has contravened, is contravening, or is likely to contravene a prudential obligation:
b: it is necessary or desirable for the purpose of determining whether to exercise any powers conferred on the Bank under this Act that an investigation of the affairs of A should be carried out.
3: The provisions of Part 4 sections 118 119
129: Offences in relation to investigations
1: A person commits an offence if they, without reasonable excuse,—
a: hinder, obstruct, or delay an investigator in carrying out an investigation under this subpart; or
b: contravene a requirement of a notice given under section 127
c: refuse to answer any question put to them under section 127
2: A person who commits an offence against this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $100,000:
b: in any other case, to a fine not exceeding $2,500,000.
6: Confidentiality orders
130: Bank may make confidentiality order
1: The Bank may make an order prohibiting the publication or communication of any information—
a: that discloses, or is reasonably likely to disclose, the exercise of a power under this Act; or
b: that is provided or obtained in connection with any inquiry, investigation, or other proceeding of the Bank under this Act.
2: The Bank may make the order on its own initiative or on the application of any person.
3: The Bank may make the order on the terms and conditions (if any) that it thinks fit.
4: The prohibition in the order has effect for the period specified in the order (which must not exceed 3 years).
5: At the end of the period specified in the order, the Official Information Act 1982 Privacy Act 2020
6: An order made under this section is subject to any other legislation or an order of the court.
131: Disclosure with Bank’s consent
1: A confidentiality order does not prohibit the disclosure of any information by a person if the disclosure is with the Bank’s consent.
2: The Bank’s consent must not be unreasonably withheld.
3: It is reasonable for the Bank to withhold its consent if it considers that the disclosure of the information would be likely to—
a: prejudice the maintenance of the law, including the prevention, investigation, and detection of contraventions of any prudential obligations; or
b: unreasonably prejudice the commercial position of a deposit taker; or
c: be inconsistent with the purposes of this Act.
4: Subsection (3)
132: Offence to contravene confidentiality order
1: A person commits an offence if they—
a: publish or communicate information in contravention of a confidentiality order; and
b: know that, or are reckless as to whether, publishing or communicating the information contravenes a confidentiality order.
2: A 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 1 year or to a fine not exceeding $100,000 (or both):
b: in any other case, to a fine not exceeding $2,500,000.
7: Power to require warning to be disclosed
133: Bank may require its warning to be disclosed
1: This section applies if—
a: the Bank has reasonable cause to suspect that 1 or more of the following apply:
i: a licensed deposit taker or other person has contravened, is contravening, or is likely to contravene a prudential obligation:
ii: a licensed deposit taker has been or is operating fraudulently or recklessly; and
b: the Bank has issued a warning to the licensed deposit taker or other person ( A paragraph (a)
2: The Bank may, by notice given to A, order A, or all or any associated persons of A, or both to do 1 or more of the following:
a: prominently disclose a copy of the warning on 1 or more Internet sites maintained by or on behalf of A or any of those associated persons:
b: ensure that every communication of the kind that is specified in the order and that is distributed by or on behalf of A or any of those associated persons contains a copy of the warning in a prominent position or is accompanied by a copy of the warning:
c: ensure that any document of the kind that is specified in the order and that is required by any relevant legislation to be given by A, or any of those associated persons, to another person contains, or is amended to contain, a copy of the warning in a prominent position or is accompanied by a copy of the warning.
3: In this section, relevant legislation
a: prudential legislation:
b: financial markets legislation within the meaning of section 4
c: the Anti-Money Laundering and Countering Financing of Terrorism Act 2009
134: Procedural matters relating to order
The Bank may make an order under this subpart only if—
a: the Bank gives A at least 3 working days' notice of the following matters before the Bank exercises the power:
i: that the Bank may make an order; and
ii: the reasons why it is considering exercising that power; and
b: the Bank gives A or A's representative an opportunity to make written submissions and to be heard on the matter within that notice period.
135: Other provisions relating to order
1: The Bank may make an order under this subpart on the terms and conditions (if any) that it thinks fit.
2: If the order extends to associated persons of A, the order may require—
a: all, or any specified class or classes, of the associated persons to comply with the order (including associated persons that may be incorporated or formed after the date of the order); and
b: A to provide a copy of the order to all or any of those associated persons.
3: For the purpose of subsection (2)
136: Bank must give notice of orders
If the Bank makes an order under this subpart,—
a: it must, immediately after exercising the power, give notice on the Bank’s Internet site of—
i: the reasons for making the order; and
ii: the terms and conditions of the order (if any); and
iii: any other information the Bank thinks relevant in the circumstances; and
b: it may give public notice by any other means of the matters in paragraph (a)
c: it may notify any other person of the matters in paragraph (a)
137: Offence to fail to comply with order
1: A person to whom an order under this subpart applies commits an offence if the person refuses or fails, without reasonable excuse, to comply with the order.
2: A person who commits an offence against this section is liable on conviction to,—
a: in the case of an individual, a fine not exceeding $50,000:
b: in any other case, a fine not exceeding $500,000.
8: Access to information by overseas supervisor
138: Access to information by overseas supervisor
1: For the purpose of an overseas supervisor’s performance or exercise of its supervisory functions, powers, or duties, the Bank may authorise the overseas supervisor to do either or both of the following:
a: conduct an on-site inspection of a licensed deposit taker:
b: require any licensed deposit taker to give to the overseas supervisor any information relating to that person.
2: An authorisation may be—
a: granted for the period or periods that the Bank thinks fit; and
b: varied, revoked, or amended by the Bank.
3: This subpart has effect despite anything to the contrary in any other legislation or rule of law.
139: Bank must give notice of authorisation
The Bank must give notice to a licensed deposit taker if the Bank—
a: grants an authorisation in relation to that person; or
b: varies, revokes, or amends that authorisation.
140: Authorisation may relate to particular customer or client
The information that an overseas supervisor may be authorised to obtain under this subpart may include, without limitation, information about the affairs of a particular customer or client of the licensed deposit taker.
141: Restriction on authorisation
The Bank may grant an authorisation only if it is satisfied that sufficient provision exists to protect the confidentiality of the information obtained or required by the overseas supervisor.
142: Duties of licensed deposit taker
A licensed deposit taker that is given a notice under section 139
a: permitting the overseas supervisor to conduct an on-site inspection of the deposit taker; or
b: giving the overseas supervisor the required information within the period, and in the manner, specified in the notice.
143: Offence to contravene duties
A licensed deposit taker that, without reasonable excuse, contravenes section 142
9: Miscellaneous
144: Privilege against self-incrimination no excuse
A person is not excused from answering any question, giving any information, reproducing or assisting in reproducing any information, or producing any document under this Part on the ground that to do so would or might incriminate or tend to incriminate that person. 1989 No 157 s 175A
145: Admissibility of self-incriminating statements
1: A self-incriminating statement made orally by a person (whether or not the statement is recorded in writing) in the course of answering any question, giving any information, reproducing or assisting in reproducing any information, or producing any document under this Part may be used in evidence against that person only in a prosecution for any offence where the person gives evidence inconsistent with the statement.
2: Despite subsection (1)
a: a refusal or failure to answer any question, give any information, reproduce or assist in reproducing any information, produce any document, or comply with any other requirement may be used in evidence against that person in a prosecution for any offence under this Act arising from the refusal or failure:
b: the answering of any question in a way that is false or misleading in a material particular, or the giving of any information, the reproduction or assistance in reproduction of any information, or the production of any document that is false or misleading in a material particular, may be used in evidence against that person in a prosecution for any offence under this Act arising from that act. 1989 No 157 s 175B
146: Effect of proceedings
1: If a person commences a proceeding in any court in respect of the exercise of any powers conferred by a relevant section, until a final decision in relation to the proceeding is given,—
a: the powers may be, or may continue to be, exercised as if the proceeding had not been commenced; and
b: no person is excused from fulfilling their obligations under that section by reason of the proceeding.
2: However, an interim order may be made by the court overriding the effect of subsection (1)
a: the applicant has established a prima facie case that the exercise of the power in question is unlawful; and
b: the applicant would suffer substantial harm from the exercise or discharge of the power or obligation; and
c: if the power or obligation is exercised or discharged before a final decision is made in the proceeding, none of the remedies specified in subsection (3)
d: the terms of that order do not unduly hinder or restrict the Bank or an investigator in performing or exercising any functions, powers, or duties under this Act or any provision of the prudential legislation.
3: The remedies are as follows:
a: any remedy that the court may grant in making a final decision in relation to the proceeding (for example, a declaration):
b: any damages that the applicant may be able to claim in concurrent or subsequent proceedings:
c: any opportunity that the applicant may have, as defendant in a proceeding, to challenge the admissibility of any evidence obtained as a result of the exercise or discharge of the power or obligation.
4: In this section and section 147 relevant section section 99 127
147: Effect of final decision that exercise of powers under section 99 or 127 unlawful
1: In any case where it is declared in a final decision given in a proceeding in respect of the exercise or purported exercise of powers conferred by a relevant section that the exercise of any powers conferred by that section is unlawful, to the extent to which the exercise of those powers is declared unlawful,—
a: the Bank or an investigator must ensure that, as soon as is reasonably practicable after the decision of the court is given,—
i: any information supplied by a person under the relevant section is destroyed:
ii: any documents or extracts from documents obtained as a consequence of an inspection made under the relevant section are returned to the person who previously had possession of those documents or previously had them under their control, and any copies of those documents or extracts are destroyed:
iii: any information derived from or based upon any such information or documents or extracts is destroyed:
b: no information supplied by a person under, or purportedly under, a relevant section, and no documents or extracts from documents obtained under, or purportedly under, a relevant section,—
i: are admissible in evidence in any civil proceeding unless the court hearing the proceeding in which the evidence is sought to be adduced is satisfied that there was no unfairness in obtaining the evidence:
ii: are admissible as evidence in any criminal proceeding if the evidence is excluded under section 30
iii: may be used in connection with the exercise of any power conferred on the Bank or an investigator unless the court that declared the exercise of the powers to be unlawful is satisfied that there was no unfairness in obtaining the evidence.
2: However, the court may, in the court’s discretion, order that any information, record, or copy of any document or extract from a document may, instead of being destroyed, be retained by the Bank or an investigator subject to any terms and conditions that the court imposes.
5: Enforcement
1: Power to accept undertakings
148: Bank may accept voluntary undertaking
The Bank may accept a written undertaking from a licensed deposit taker or other person about a matter in relation to which the Bank is performing or exercising any of its functions, powers, or duties under this Act.
149: When undertaking is enforceable
An undertaking takes effect and becomes enforceable when the Bank’s decision to accept the undertaking is given to the person who made the undertaking, or at any later time specified by the Bank.
150: What undertaking may include
An undertaking may include (without limitation) an undertaking from the deposit taker or person to—
a: pay compensation to any person; or
b: take specified action to address the cause, or to remedy or mitigate the consequences, of a contravention (or likely contravention) of a prudential obligation, or to ensure that the contravention does not occur or recur; or
c: pay an amount to the Bank in lieu of a pecuniary penalty.
151: Undertakings that include payment of money
If the undertaking includes the payment of an amount in lieu of a pecuniary penalty,—
a: the amount must be paid into a Crown Bank Account (after deducting the Bank’s costs incurred in connection with the matter); and
b: the Bank must give notice of the payment on the Bank’s Internet site, including—
i: a statement of the amount to be paid; and
ii: a brief description of the alleged contravention to which the undertaking relates.
152: Offence to contravene undertaking
1: A person must not contravene an undertaking given by that person that is in force.
2: A person that contravenes subsection (1)
a: in the case of an individual, a fine not exceeding $50,000:
b: in any other case, a fine not exceeding $500,000.
153: Court may enforce undertaking
1: The Bank may apply to the court for an order under this section if the Bank is satisfied that a person has contravened an undertaking given by that person that is in force.
2: The court may make an order directing the person to do 1 or more of the following:
a: comply with the undertaking:
b: pay to the Crown an amount representing (wholly or partly) any financial benefit that the person has received because of the contravention of the undertaking:
c: pay compensation to any person.
3: The order may include consequential directions.
154: Court must take into account certain matters
The court must, before making the order, take into account the following:
a: the nature and extent of the contravention of the undertaking:
b: the nature and extent of any loss or damage incurred by any person as a result of the contravention:
c: the circumstances in which the contravention occurred (including whether it was intentional, inadvertent, or caused by negligence):
d: any other matters the court considers relevant.
155: Proceedings for alleged contravention
1: No proceedings may be brought for a contravention or an alleged contravention of this Act or the regulations against—
a: a person who made an undertaking in relation to that contravention or alleged contravention, while the undertaking is enforceable and there is no contravention of the undertaking:
b: a person who made, and has completely discharged, an undertaking in relation to that contravention or alleged contravention.
2: The Bank may accept an undertaking in relation to a contravention or an alleged contravention before proceedings in relation to that contravention or alleged contravention have been completed.
3: If the Bank accepts an undertaking before the proceedings are completed, the Bank must take all reasonable steps to have the proceedings discontinued as soon as practicable (to the extent that the proceedings relate to that contravention or alleged contravention).
156: Licensed deposit taker or other person may withdraw or amend undertaking
A licensed deposit taker or other person may withdraw or amend an undertaking only with the Bank’s consent.
2: Pecuniary penalty
Court may make pecuniary penalty order
157: When court may make pecuniary penalty orders
1: The court may, on the application of the Bank, order a person ( A
a: contravened an applicable standard; or
b: been involved in a contravention of an applicable standard; or
c: contravened a condition of its licence; or
d: contravened section 93
e: contravened section 94
2: In this subpart,—
a: A’s conduct
b: a person is involved in a contravention
i: has aided, abetted, counselled, or procured the contravention; or
ii: has induced, whether by threats or promises or otherwise, the contravention; or
iii: has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or
iv: has conspired with others to effect the contravention. Amount of pecuniary penalty
158: Maximum amount of pecuniary penalty
1: The maximum amount of a pecuniary penalty that a body corporate may be ordered to pay for a contravention, or involvement in a contravention, of an applicable standard or a condition of a licence is the greater of—
a: $5,000,000; and
b: 0.1% of the total assets of the body corporate and its subsidiaries (if any) as at the balance date of the accounting period that precedes the time at which the contravention first occurs (as specified in the body corporate’s financial statements or the group financial statements of the body corporate and those subsidiaries).
2: If the body corporate is an overseas person, the total assets must be calculated by reference to the total assets of the New Zealand business of the body corporate and its subsidiaries (if any) as specified in the financial statements or the group financial statements for that New Zealand business.
3: The maximum amount of a pecuniary penalty that an individual may be ordered to pay for a contravention of section 93 94
159: Considerations for court
1: In determining whether to make an order, and the amount of any pecuniary penalty to be paid, the court must have regard to the following matters:
a: the extent to which A’s conduct undermines the purposes of this Act:
b: any loss or damage caused by A’s conduct:
c: whether A has taken steps to avoid or mitigate any adverse effects arising from A’s conduct:
d: whether A’s conduct was intentional or reckless:
e: the circumstances of A’s conduct:
f: whether A has previously engaged in similar conduct:
g: any other matters the court considers relevant.
2: In the case of a contravention of section 93 94 section 97 Defences
160: Defences for person that contravenes prudential obligation
1: This section applies to a proceeding under this subpart against A for a contravention of an applicable standard or a condition of a licence.
2: It is a defence for A to prove that the contravention was due to reasonable reliance on information provided by another person, other than a director, an employee, or an agent of A.
3: It is also a defence for A to prove that—
a: the contravention was due to—
i: the conduct of another person, other than a director, an employee, or an agent of A; or
ii: an accident or some other cause beyond the control of A and A’s directors, employees, and agents; and
b: A took reasonable precautions and exercised due diligence to avoid the contravention.
4: A’s conduct must still be treated as contravening an applicable standard or a condition of a licence even if the conduct does not lead to any liability under this subpart because of the availability of a defence.
161: Defence for person that is involved in contravention
1: This section applies if—
a: a person ( B
b: another person ( C
2: In a proceeding under this subpart against C for involvement in the contravention, it is a defence if C proves that—
a: C’s involvement in the contravention was due to reasonable reliance on information supplied by another person, other than a director, an employee, or an agent of C; or
b: C took all reasonable steps to ensure that B complied with the applicable standard. Bank’s costs
162: Court must order that recovery from pecuniary penalty be applied to Bank’s actual costs
If the court orders a person to pay a pecuniary penalty, the court must also order that the penalty must be applied first to pay the Bank’s actual costs in bringing the proceedings. Procedural rules
163: Rules of civil procedure and civil standard of proof apply
The proceedings under this subpart are civil proceedings and the rules of court and rules of evidence and procedure for civil proceedings apply (including the standard of proof).
164: Limitation
1: A proceeding under this subpart may be commenced within 3 years after the matter giving rise to the contravention was discovered or ought reasonably to have been discovered.
2: However, no proceeding under this subpart may be commenced 10 years or more after the matter giving rise to the contravention.
3: Section 48(1) and (3) subsection (2) Relationship between proceedings and orders
165: Only 1 pecuniary penalty order may be made for same conduct
If conduct by a person constitutes a contravention, or involvement in the contravention, of 2 or more obligations, proceedings may be brought against that person for the contravention, or involvement in the contravention, of any 1 or more of the obligations, but no person is liable to more than 1 pecuniary penalty order for the same conduct.
166: No pecuniary penalty and criminal penalty for same conduct
A person cannot be ordered to pay a pecuniary penalty and be liable for a fine or to imprisonment under this Act or any other Act for the same conduct.
167: Relationship between concurrent pecuniary penalty proceeding and criminal proceeding
1: A criminal proceeding for an offence may be commenced against a person in relation to particular conduct whether or not a proceeding under this subpart has been commenced against the person in relation to the same conduct.
2: A proceeding under this subpart against a person in relation to particular conduct is stayed (unless the court orders otherwise) if a criminal proceeding against the person has been commenced for an offence in relation to the same conduct.
3: After the criminal proceeding referred to in subsection (2)
3: Infringement offences
168: Infringement offences
1: A person who is alleged to have committed an infringement offence may—
a: be proceeded against by the filing of a charging document under section 14
b: be issued with an infringement notice under section 169
2: Proceedings commenced in the way described in subsection (1)(a) section 21(1)(a)
3: See section 21
169: When infringement notice may be issued
The Bank may issue an infringement notice to a person if the Bank believes on reasonable grounds that the person is committing, or has committed, an infringement offence.
170: Revocation of infringement notice before payment made
1: The Bank may revoke an infringement notice before—
a: the infringement fee is paid; or
b: an order for payment of a fine is made or deemed to be made by a court under section 21
2: The Bank must take reasonable steps to ensure that the person to whom the notice was issued is made aware of the revocation of the notice.
3: The revocation of an infringement notice before the infringement fee is paid is not a bar to any further action as described in section 168(1)(a) or (b)
171: What infringement notice must contain
An infringement notice must be in the form prescribed in the regulations and must contain the following particulars:
a: details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee:
c: the address of the Bank:
d: how the infringement fee may be paid:
e: the time within which the infringement fee must be paid:
f: a summary of the provisions of section 21(10)
g: a statement that the person served with the notice has a right to request a hearing:
h: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:
i: any other matters prescribed in the regulations.
172: How infringement notice may be served
1: An infringement notice may be served on the person who the Bank believes is committing or has committed the infringement offence by—
a: delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or
b: leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or
c: leaving it for the person at the person’s place of business or work with another person; or
d: if the person is a body corporate, delivering it to a director or an employee of the body corporate at its head office, principal place of business or work, or registered office, or by bringing it to the director’s notice or the employee’s notice if that person refuses to accept it; or
e: sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work; or
f: sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand.
2: If the person is a body corporate,—
a: subsection (1)(a) to (c) see subsection (1)(d)
b: the infringement notice (or a copy of it) sent in accordance with subsection (1)(e) or (f)
3: Unless the contrary is shown,—
a: an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1)
b: an infringement notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first entered an information system that is outside the control of the Bank.
173: Payment of infringement fees
All infringement fees paid for infringement offences must be paid into a Crown Bank Account.
174: Reminder notices
A reminder notice must be in the form prescribed in the regulations and must include the same particulars, or substantially the same particulars, as the infringement notice.
4: False or misleading declarations, representations, and other information
175: False or misleading declarations, representations, or other information
1: A person ( A
a: A makes a declaration or representation to the Bank or an investigator and A knows that, or is reckless as to whether, the declaration or representation is false or misleading in any material particular; or
b: A gives to the Bank or an investigator any information and A knows that, or is reckless as to whether, the information is false or misleading in any material particular; or
c: A gives to the Bank or an investigator a document that is not genuine and A knows that, or is reckless as to whether, the document is not genuine; or
d: A otherwise publishes or makes available any information and A knows that, or is reckless as to whether, the information is false or misleading in any material particular.
2: Subsection (1)
3: Subsection (1)(a)
4: A person that commits an offence against this section 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 $100,000 (or both):
b: in any other case, to a fine not exceeding $2,500,000.
176: Liability of directors if licensed deposit taker or associated person commits offence
If a licensed deposit taker or an associated person is convicted of an offence against section 175
a: that the act that constituted the offence took place with the director’s authority, permission, or consent; and
b: that the director—
i: knew, or could reasonably be expected to have known, that the offence was to be or was being committed; and
ii: failed to take all reasonable steps to prevent or stop it.
5: Ban ordered by District Court
177: Power to ban certain persons from participating in deposit-taking business
1: The District Court may, on the application of the Bank, make an order in respect of a person under this subpart if the court considers that the person—
a: has engaged in an act, an omission, or a course of conduct that constitutes serious wrongdoing and that the person is not a fit and proper person to participate in a deposit-taking business in 1 or more of the ways described in section 178
b: has failed to comply with an order under section 29
c: as a director of a licensed deposit taker, has persistently or seriously failed to comply with section 93
d: as a New Zealand chief executive officer of an overseas licensed deposit taker, has persistently or seriously failed to comply with section 94
e: is a director of a licensed deposit taker that has persistently or seriously contravened any prudential obligation, and the person has persistently failed to take reasonable steps to prevent or stop the deposit taker’s contravention; or
f: is prohibited from participating in a deposit-taking business in 1 or more of the ways specified in section 178
2: Every application to the court under this section must be made by an originating application.
178: Type of order
1: The order is an order banning a person from being or doing 1 or more of the following:
a: being a director of a licensed deposit taker or of any other member of a licensed deposit taker group:
b: being concerned or taking part in the management of a licensed deposit taker or of any other member of a licensed deposit taker group:
c: being a shareholder of a licensed deposit taker or of any other member of a licensed deposit taker group:
d: being an employee or other agent of a licensed deposit taker or of any other member of a licensed deposit taker group:
e: acting under a contract for services with a licensed deposit taker or with any other member of a licensed deposit taker group:
f: otherwise participating in a business of a licensed deposit taker or of any other member of a licensed deposit taker group in any other way (whether paid or unpaid).
2: An order may relate to any of the following:
a: all licensed deposit takers, a particular licensed deposit taker, or a class of licensed deposit takers:
b: all members of licensed deposit taker groups, a particular member of a licensed deposit taker group, or a class of those members.
179: Other provisions relating to order
1: An order may be—
a: made even though the person concerned may be criminally or civilly liable for the matters on the grounds of which the order is to be made; and
b: permanent or for a specified time; and
c: subject to the terms and conditions that the court thinks fit; and
d: cancelled or varied at any time by the court (on the application of the Bank or of the person who is the subject of the order).
2: The court may make any order in the matter as to costs and otherwise as it thinks fit.
3: As soon as practicable after an order is made, the Registrar of the court must send a copy of the order to the Bank.
180: Offence to contravene banning order
A person who intentionally or recklessly contravenes an order made under this subpart commits an offence and is liable on conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $100,000 (or both).
181: Effect of appeal
A ban under this subpart has effect from the date specified in the order even though an appeal may have been lodged under section 182
182: Appeal to High Court
The Bank or a person to whom an order relates may appeal to the High Court against a decision of the District Court under this subpart.
6: Miscellaneous
Attribution of liability
183: State of mind of directors, employees, or agents attributed to body corporate or other principal
1: If, in a proceeding under this Act in respect of any relevant conduct engaged in by a body corporate, it is necessary to establish the state of mind of the body corporate, it is sufficient to show that a director, an employee, or an agent of the body corporate, acting within the scope of their actual or apparent authority, had that state of mind.
2: If, in a proceeding (other than a proceeding for an offence) under this Act in respect of any relevant conduct engaged in by a person other than a body corporate, it is necessary to establish the state of mind of the person, it is sufficient to show that an employee or agent of the person, acting within the scope of their actual or apparent authority, had that state of mind.
3: In this section,— relevant conduct state of mind 1986 No 5 s 90(1), (3), (5)
184: Conduct of directors, employees, or agents attributed to body corporate or other principal
1: Conduct engaged in on behalf of a body corporate by any of the following must be treated, for the purposes of this Act, as having been engaged in also by the body corporate:
a: a director, an employee, or an agent of the body corporate, acting within the scope of their actual or apparent authority:
b: any other person at the direction or with the consent or agreement (whether express or implied) of a director, an employee, or an agent of the body corporate, given within the scope of the actual or apparent authority of the director, employee, or agent.
2: Conduct engaged in on behalf of a person other than a body corporate ( A
a: an employee or agent of A acting within the scope of their actual or apparent authority:
b: any other person at the direction or with the consent or agreement (whether express or implied) either of A or of an employee or agent of A, given within the scope of the actual or apparent authority of the employee or agent. 1986 No 5 s 90(2), (4) Miscellaneous
185: General defence for offences
1: This section applies to offences against any of sections 27 33 36 51 60 100 104 106 114 117 129 137 143 258 273 345 388 402 406 418 426 435 437
2: It is a defence to a prosecution for an offence referred to in subsection (1) A
a: the contravention to which the offence relates was due to—
i: the conduct of another person, other than a director, an employee, or an agent of A; or
ii: an accident or some other cause beyond the control of A and A’s directors, employees, and agents; and
b: A took reasonable precautions and exercised due diligence to avoid the contravention.
186: Time for filing charging document for certain offences
1: Despite anything to the contrary in section 25
2: Nothing in subsection (1) section 25
3: In this section, category 1 offence category 2 offence section 6(1)
187: Jurisdiction of courts in New Zealand
The High Court has exclusive jurisdiction to hear and determine court proceedings in New Zealand under this Act, other than proceedings—
a: for offences; or
b: under subpart 5
c: under section 197(4)
d: under section 206
e: under section 393
f: under section 474
188: Orders to secure compliance
The court may, for the purpose of securing compliance with any other order it makes under this Act, direct a person to do or refrain from doing a specified act.
189: General provisions as to court's orders
1: A court order under this Act may be made on the terms and conditions the court thinks fit.
2: The court may revoke, vary, or suspend an order made under this Act on the terms and conditions the court thinks fit.
6: Depositor compensation scheme
1: Preliminary provisions
190: Additional purpose of this Part
1: The purpose of this Part is to contribute towards protecting and promoting the stability of New Zealand’s financial system by—
a: protecting eligible depositors to the extent that they are covered by the depositor compensation scheme; and
b: allowing the Depositor Compensation Fund to be used to support a resolution measure undertaken in relation to a licensed deposit taker.
2: This section does not limit section 3
191: Interpretation in this Part
1: In this Part, unless the context otherwise requires,— eligible depositor
a: means a holder of a protected deposit or a person on whose behalf a protected deposit is held (whether or not the debt security was issued to, or subsequently acquired by, the holder of the security); but
b: does not include any of the following:
i: a licensed deposit taker, a licensed insurer, or an operator of a designated FMI:
ii: a bank or other entity that is licensed, registered, or otherwise authorised to accept deposits under the law of an overseas jurisdiction:
iii: a government agency:
iv: in relation to a specified event notice issued in relation to a licensed deposit taker ( B
A: an associated person of B; or
B: a director of B:
v: a person of a class that is prescribed by the regulations fund section 196 government agency
a: the Crown (as defined in section 2(1)
b: an Office of Parliament (as defined in section 2(1)
c: a Crown entity under section 7(1)(a) to (c)
d: a local authority (as defined in section 5(1)
e: a State enterprise (as defined in section 2
f: the Bank or a subsidiary of the Bank:
g: a company or other organisation named or described in Schedule 4 4A
h: the Board of Trustees of the National Provident Fund continued under the National Provident Fund Restructuring Act 1990 clause 3(1)(b) person
a: has the same meaning as in section 13
b: includes—
i: a partnership under the Partnership Law Act 2019 see section 207
ii: in the case of a trust to which section 209
iii: in the case of a trust to which section 209 quantification time section 194(3) relevant arrangement resolution measure section 230(3) scheme specified event notice section 194 statement of funding approach subpart 7
2: A protected deposit is held under a relevant arrangement
a: is held under a regulated client money or property service (within the meaning of section 431W
b: is held under a trust, a scheme, or other arrangement of a kind that is prescribed by the regulations.
3: In this Part, a protected deposit must be treated as being held for, or on behalf of, 1 or more persons if—
a: a trust, a scheme, or other arrangement of a particular kind is prescribed by the regulations for the purposes of subsection (2)(b)
b: the regulations declare that a deposit held under a trust, scheme, or arrangement of that kind must be treated as being held for, or on behalf of, those persons. Example
A managed investment scheme that is managed by a bank ( A section YA 1 If the regulations prescribe schemes of that kind for the purposes of subsection (2)(b)
192: Meaning of protected deposit and related terms
1: In this Act, protected deposit B
a: payments of the principal and interest are only in—
i: New Zealand currency; or
ii: a currency of a kind that is prescribed by the regulations (if any); and
b: the terms of the debt security are governed by New Zealand law; and
c: either or both of the following apply:
i: the requirements prescribed by the regulations for the purposes of this paragraph are satisfied:
ii: the debt security is of a kind that is specified by the regulations for the purposes of this paragraph.
2: However, protected deposit
a: a debt security that is issued out of, or administered by, an overseas office or branch of a licensed deposit taker: Guidance note
See section 86
b: a redeemable share (other than a redeemable share issued by a credit union, a friendly society, a co-operative company, or a building society):
c: a debt security issued by a licensed deposit taker of a kind that is specified in the regulations for the purposes of this paragraph:
d: a debt security that is declared by the regulations not to be a protected deposit.
3: The amount of the protected deposit at a particular time is—
a: the principal to be repaid under the debt security as at that time; and
b: accrued interest for the debt security as at that time, if any ( see section 218
193: Licensed deposit taker must publish list of protected deposits
1: A licensed deposit taker must ensure that an Internet site that is maintained by, or on behalf of, the deposit taker—
a: identifies clearly and prominently all classes of debt securities issued by the deposit taker that are protected deposits; or
b: contains a prominent link to another Internet site that clearly and prominently contains that information.
2: A licensed deposit taker that contravenes this section commits an infringement offence and is liable to—
a: an infringement fee of $20,000; or
b: a fine imposed by a court not exceeding $50,000.
3: In this section, debt securities are of the same class
194: When Bank may issue specified event notice
1: The Bank may issue a specified event notice in relation to a licensed deposit taker ( B
a: 1 or more of the following apply:
i: B is put into liquidation under New Zealand law:
ii: a receiver is appointed in relation to the whole, or substantially the whole, of the assets and undertaking of B and the Receiverships Act 1993
iii: B has entered resolution; and
b: the Bank is satisfied that—
i: B’s financial or other difficulties are likely to cause serious and prolonged disruption to the ability of eligible depositors to deal with their protected deposits in accordance with their applicable terms and conditions; and
ii: issuing the notice is the most appropriate means to deal with that disruption.
2: The Bank must publish the notice in the Gazette
3: The notice must specify a quantification time that the Bank thinks fit.
4: However, the quantification time must be no earlier than the time of the event referred to in subsection (1)(a)(i), (ii), or (iii)
195: Bank’s function under this Part
The Bank’s function under this Part is to manage and administer the scheme, including—
a: deciding whether a notice should be issued under section 194
b: determining entitlements to compensation under this Part; and
c: ensuring that compensation under this Part is provided as soon as practicable after the Bank issues a specified event notice; and
d: exercising rights of subrogation under subpart 4
e: paying money out of the fund under subpart 5
f: collecting the levies and interest payable under subpart 6
g: administering, operating, and investing the fund; and
h: monitoring risks in connection with the scheme; and
i: providing, or facilitating the provision of, information to the public in connection with the scheme; and
j: performing and exercising the functions, powers, and duties conferred or imposed on it by or under this Part.
2: Depositor Compensation Fund
196: Depositor Compensation Fund established
This section establishes the Depositor Compensation Fund (the fund
197: Fund owned and managed on behalf of Crown
1: All property of the fund is owned by the Bank on behalf of the Crown.
2: For the purposes of this Part, the Bank is not a trustee, or a constructive trustee, in relation to the performance of its functions or any other matter.
3: The fund is managed by the Bank on behalf of the Crown.
4: All money owing in respect of the fund is recoverable in a court of competent jurisdiction as a debt due to the Bank.
198: What fund consists of
The fund consists of—
a: all levies and interest collected under subpart 6
b: fund investments:
c: money accruing from the investment of the fund:
d: money accruing from the exercise of the rights of subrogation under subpart 4
e: money provided under subpart 8
f: any other money that may be lawfully payable into the fund.
199: Payments out of fund
Money may be paid out of the fund—
a: to pay for the Bank performing or exercising its functions, powers, or duties under this Part, including—
i: paying compensation under subpart 3
ii: paying the Bank’s expenditure incurred in connection with providing, or facilitating the provision of, information to the public in connection with the scheme; and
iii: paying all expenditure incurred by the Bank in connection with the Bank performing or exercising its functions, powers, or duties under this Part; and
b: to support a resolution measure undertaken in relation to a licensed deposit taker under subpart 5
c: to pay the taxation liabilities arising in respect of the fund; and
d: to pay the costs of the Crown in connection with the Minister performing, or preparing to perform, the Minister’s duties under subpart 8
e: to repay any money provided to the fund under subpart 8
200: Bank may apportion expenditure
1: This section applies if the Bank reasonably considers that expenditure is related to both—
a: the Bank performing or exercising its functions, powers, or duties under this Part; and
b: the Bank performing or exercising any other functions, powers, or duties.
2: The Bank may apportion the expenditure in the manner that the Bank thinks fit so as to determine the part of the expenditure that is to be met out of the fund under section 199(a)
3: The part of the expenditure determined in relation to the fund must be treated as expenditure under section 199(a)
201: Investments
1: The Bank may invest all or any money received by it in respect of the fund that is not immediately required for expenditure.
2: The Bank must comply with the requirements for the investment of the fund that are contained in the statement of funding approach.
3: This section does not limit subpart 5
4: Section 113
3: Entitlement to compensation
Entitlement rules
202: General entitlement rule
1: A person ( A B
a: the Bank has issued a specified event notice in relation to B; and
b: A is an eligible depositor; and
c: the deposits are placed with B at the quantification time; and
d: 1 or more of the following apply in respect of each of the deposits:
i: A holds the deposit in A’s own right (and no other person holds the deposit):
ii: A holds the deposit in A’s own right jointly with 1 or more other persons:
iii: A holds the deposit in A’s own right with 1 or more other persons other than jointly:
iv: the deposit is held for, or on behalf of, A (and no other person) under a relevant arrangement:
v: the deposit is held for, or on behalf of, A and 1 or more other persons under 1 or more relevant arrangements.
2: The compensation to which A is entitled is the amount that is calculated by the Bank under this Part and in the manner prescribed by the regulations.
3: See section 209
4: This section and sections 203 to 210 sections 212 to 215
203: Calculation of entitlement
1: The compensation that an eligible depositor ( A section 202
a: the total amount of the following as at the quantification time:
i: A’s protected deposits falling within section 202(1)(d)(i) and (iv)
ii: A’s share of the protected deposits falling within section 202(1)(d)(ii), (iii), and (v) see sections 204 to 206
b: $100,000 or a temporary high balance limit (if any). Example
Bank B goes into liquidation. A holds a deposit of $60,000 with B. A and A’s spouse jointly hold 2 other deposits with B worth $40,000 and $50,000. A’s share of those deposits under section 204 The total amount under subsection (1)(a) This exceeds the $100,000 coverage limit. Therefore, A is only entitled to compensation of $100,000 on B’s liquidation.
2: A limit in subsection (1)(b)
3: In this section, temporary high balance limit
a: is prescribed by, or determined in accordance with, the regulations; and
b: applies to A in accordance with the regulations.
204: Protected deposit held by or on behalf of 2 or more persons jointly
1: This section applies if a protected deposit is held—
a: by 2 or more persons in their own right jointly; or
b: for, or on behalf of, 2 or more persons jointly under 1 or more relevant arrangements.
2: For the purposes of this Part,—
a: each of the persons must be treated as having—
i: an equal share in the protected deposit (unless subparagraph (ii)
ii: the share in the protected deposit that is specified in records that are maintained by the licensed deposit taker, or provided by the holder of the protected deposit, in the manner prescribed by the regulations; and
b: a person’s share in the protected deposit must be taken into account in calculating their entitlement (if any) to compensation under section 203
3: Subsection (2)
4: This section does not affect the rights of those persons as between themselves.
205: Protected deposit held by or on behalf of 2 or more persons other than jointly
1: This section—
a: applies if a protected deposit is held—
i: by 2 or more persons in their own right; or
ii: for, or on behalf of, 2 or more persons under 1 or more relevant arrangements; but
b: does not apply if section 204 Example
A protected deposit is held in a law firm’s trust account for, or on behalf of, 200 clients. The deposit is not held on behalf of those clients jointly. Accordingly, section 204
2: For the purposes of this Part,—
a: each of the persons must be treated as having—
i: the share in the protected deposit that is specified in records that are maintained by the relevant person in the manner prescribed by the regulations; or
ii: if such records are not maintained, the share in the protected deposit that is notified by the relevant person in the manner prescribed by the regulations; and
b: a person’s share in the protected deposit must be taken into account in calculating their entitlement (if any) to compensation under section 203
3: Subsection (2)
4: This section does not affect the rights of those persons as between themselves.
5: In this section, relevant person
a: by 2 or more persons in their own right, those persons acting together:
b: under 1 or more relevant arrangements, a person of the kind that is prescribed in the regulations.
206: District Court may make order about shares
1: This section applies if—
a: section 205
b: a person referred to in section 205(1)(a)
c: the Bank has not yet paid any compensation under this subpart in respect of the protected deposit.
2: Despite section 205
a: a particular person; or
b: 1 or more persons in the shares that the court thinks fit.
3: A person’s protected deposit, or share in a protected deposit, as specified in an order must be taken into account in calculating their entitlement (if any) to compensation under section 203
207: Partnerships
1: For the purpose of entitlement to compensation from the fund, a partnership under the Partnership Law Act 2019
2: Accordingly, if a protected deposit is held by, for, or on behalf of 2 or more partners for a partnership, the partners must not be treated as being 2 or more persons under section 204
208: Providers of relevant arrangement not entitled to compensation
If a person ( A sections 202 203
209: Entitlement rule for deposits held on trust
1: This section applies if—
a: 1 or more protected deposits are held—
i: by 1 or more trustees under 1 trust; or
ii: for, or on behalf, of 1 or more trustees under 1 trust; and
b: the trust is not either of the following:
i: a trust under a relevant arrangement:
ii: a trust of a kind that is prescribed by the regulations.
2: For the purpose of entitlement to compensation from the fund,—
a: the following must be treated as being the person ( A
i: if the trust has only 1 trustee, the trustee acting in their capacity as trustee:
ii: if the trust has more than 1 trustee, the trustees acting jointly in their capacity as trustees; and
b: references to a person holding a deposit in their own right must be treated as including the trustee or trustees holding a deposit on trust.
3: Compensation that is paid under this Part in respect of the protected deposits held under the trust must be treated as being trust property. Example
A bank ( B The Smith Family Trust has 3 trustees: X, Y, and Z. The trust has 3 deposits with B: $60,000, $30,000, and $20,000 ($110,000 in total). X, Y, and Z acting jointly in their capacity as trustees are treated under this Act as 1 person ( A The total amount of the deposits is $110,000. This exceeds the $100,000 coverage limit under section 203 The compensation is trust property. The entitlement of the Smith Family Trust is separate from any entitlement that X, Y, or Z may have in their personal capacity (or in a capacity as a trustee for some other trust).
210: Protected deposit held under different trusts
1: If a protected deposit is held under different trusts, each portion of the deposit held under each of those trusts as at the quantification time must be treated as being a separate protected deposit for the purposes of calculating the entitlement to compensation in respect of each trust. Example
A deposit of $150,000 is held for 2 trusts: the Smith Family Trust and the Jones Family Trust. Of that amount, $90,000 is identified as being property of the Smith Family Trust while $60,000 is identified as being property of the Jones Family Trust. Those amounts must be treated as separate deposits for the purposes of calculating entitlements to compensation for the respective trusts.
2: This section does not apply to a trust referred to in section 209(1)(b)(i) and (ii)
211: Trustee that is ineligible in own personal capacity does not prevent compensation being payable in relation to trust
1: A trustee or trustees acting in their capacity as trustees must be treated as being a person distinct from the trustee or trustees in their own personal capacity.
2: Accordingly, the fact that 1 or more trustees may not be eligible depositors in their own personal capacity does not prevent the trustee or trustees acting in their capacity as trustees from being an eligible depositor. Entitlements subject to regulations
212: Regulations may provide for calculation of amount of person’s protected deposits or share of protected deposits
1: For the purposes of this subpart, the regulations may provide for the calculation of the amount of a person’s protected deposits or share of protected deposits, including by taking into account any benefit to which the person is entitled or that the person might (directly or indirectly) receive in connection with a protected deposit that is held in any 1 or more of the following ways:
a: by a trustee or trustees on trust:
b: by a partnership or any other unincorporated body:
c: by 2 or more persons jointly:
d: by 2 or more persons other than jointly:
e: by a person under a relevant arrangement (for example, under a custodial service referred to in section 431W
2: Those regulations may authorise or require the Bank to treat any protected deposit held by—
a: a person as being held (in whole or in part) by—
i: that person and 1 or more other persons in the shares determined under the regulations; or
ii: another person; or
iii: 2 or more other persons in the shares determined under the regulations:
b: 2 or more persons jointly or other than jointly as being held (in whole or in part) by—
i: 1 of those persons; or
ii: 1 or more of those persons in the shares determined under the regulations; or
iii: 1 or more of those persons and 1 or more other persons in the shares determined under the regulations; or
iv: 1 or more other persons in the shares determined under the regulations.
3: If those regulations authorise or require the Bank to treat any protected deposit as being held (in whole or in part) by 2 or more persons, the regulations may also authorise or require the Bank to treat the protected deposit as being so held jointly or other than jointly.
4: Subsections (2) and (3) subsection (1)
213: Regulations may take into account transactions that have not been processed at quantification time
1: This section applies if,—
a: before the quantification time,—
i: a transaction connected with a protected deposit is entered into and an instruction relating to the transaction has been received by the licensed deposit taker; but
ii: the protected deposit has not yet been credited or debited to take into account the transaction; and
b: the circumstances specified in the regulations (if any) apply.
2: For the purposes of this subpart, the regulations may provide for the calculation of the amount of a person’s protected deposits or share of protected deposits to be increased or decreased to take into account the transaction.
3: The regulations may provide for the transaction to be taken into account in the prescribed manner.
214: Regulations may take into account funds that are withdrawn or available to eligible depositors during resolution
1: This section applies if—
a: the Bank issues a specified event notice in relation to a licensed deposit taker that has entered resolution; and
b: during the whole or any part of the relevant period, all or any part of the principal or accrued interest to be repaid or paid under a protected deposit that is placed with the deposit taker is withdrawn, or is available to be withdrawn, by or on behalf of an eligible depositor; and
c: the circumstances specified in the regulations (if any) apply.
2: For the purposes of this subpart, the regulations may provide for the calculation of the amount of compensation that a person is entitled to under this Part to take into account the matter referred to in subsection (1)(b)
3: The regulations may provide for the matter to be taken into account in the prescribed manner.
4: The relevant period
a: is on and after the quantification time; but
b: ends immediately before the time at which compensation is paid under this Part. Example
A bank ( B The Bank issues a specified event notice in relation to B, which gives rise to an entitlement to compensation. A customer ( A Under the resolution, A is given limited access to their account: A is permitted to withdraw up to $90,000. A withdraws $40,000 (whether in 1 transaction or multiple transactions). A continues to have available a further $50,000 continuing up until the time at which the compensation is to be paid under this Part. Under the ordinary entitlement rules, A is entitled to $100,000 compensation. However, the regulations may take into account the ongoing access to $90,000 by providing for A to be entitled to $10,000 compensation. This means that A will have received (or have available) a total of $100,000 (the $10,000 compensation, the $40,000 that has been withdrawn, and the remaining $50,000 that continues to be available). This puts A in the same position as if access to A’s account had not been made available.
215: Regulations may impose conditions
1: For the purposes of this subpart, the regulations may provide that a person’s entitlement to compensation is subject to the conditions (if any) that are prescribed by the regulations.
2: The Bank may, if it thinks fit, refuse to pay compensation under this subpart if 1 or more of those conditions are not complied with. Example
As a condition of entitlement, the regulations require the trustees of a trust to provide information about the beneficiaries of the trust. If the information is not provided, the Bank may refuse to pay compensation in connection with the protected deposits held by the trust. Other matters relating to calculation of entitlement
216: Liabilities owed to licensed deposit taker must be disregarded
For the purposes of calculating the amount of compensation that an eligible depositor is entitled to under this Part, the liabilities (if any) that are owing by the eligible depositor to the licensed deposit taker must be disregarded.
217: Bank may rely on licensed deposit taker’s records and information from eligible depositors and other persons
The Bank, when calculating and paying compensation under this Part, may rely on any of the following:
a: records or other information given by, or on behalf of, the licensed deposit taker (for example, information given under standards referred to in section 86
b: information given by, or on behalf of, an eligible depositor (for example, information provided under a condition imposed under section 215
c: any other information given under this subpart (for example, information given by a relevant person under section 205
218: Bank may determine interest accrued
The Bank may determine the amount of interest accrued on a protected deposit by making an estimate that is reasonable in the circumstances, if the Bank considers that—
a: there is uncertainty as to the entire amount of interest that has accrued; or
b: the time required to ascertain the entire amount of interest that has accrued would be so long as to unduly delay the payment of compensation under this Part; or
c: the costs and expenses that would be incurred in the calculation made to ascertain the entire amount of interest that has accrued would, having regard to the likely difference between the ascertained amount and the estimated amount of the interest, outweigh the benefits of making the calculation. Payment of entitlements
219: Payment of entitlements
1: After the Bank calculates the entitlement of an eligible depositor to compensation under this Part, the Bank must pay the compensation to, or on account of, the eligible depositor—
a: in the manner prescribed by the regulations; and
b: otherwise in the manner that the Bank thinks fit.
2: This section is subject to section 220
220: Bank not required to pay compensation if cannot act with reasonable certainty
The Bank is not required to pay compensation under this subpart in relation to a protected deposit if it is not reasonably practicable for the Bank to do any 1 or more of the following with reasonable certainty:
a: make any calculation under this Part:
b: determine who the eligible depositor or depositors are in respect of the deposit (and what their respective shares are):
c: determine how to pay the compensation to, or on account of, the eligible depositor.
221: Bank may establish account on behalf of eligible depositor
1: The Bank may establish, on behalf of an eligible depositor, an account with a licensed deposit taker (other than a deposit taker in resolution) for the purposes of wholly or partly meeting the depositor’s entitlement to compensation.
2: This section applies—
a: whether or not the eligible depositor consents to the Bank acting under subsection (1)
b: despite anything to the contrary in any other legislation or rule of law.
222: Persons may disclose information to Bank to facilitate payment of compensation
1: This section applies to the following persons (a discloser
a: a licensed deposit taker:
b: a person that holds a protected deposit under a relevant arrangement for, or on behalf of, 1 or more other persons.
2: A discloser may disclose any information (including personal information) about a person ( A
a: ascertaining whether A is an eligible depositor who is entitled to compensation under this Part:
b: calculating A’s entitlement to compensation under this Part:
c: paying the compensation to, or on account of, A.
3: The discloser may also disclose personal information in accordance with information privacy principle 11 set out in section 22
223: Bank may disclose information to facilitate payment of compensation
1: The Bank may disclose any information (including personal information) about a person ( A
a: ascertaining whether A is an eligible depositor who is entitled to compensation under this Part:
b: calculating A’s entitlement to compensation under this Part:
c: paying the compensation to, or on account of, A.
2: The Bank may also disclose personal information in accordance with information privacy principle 11 set out in section 22
224: Restrictions on entitlement to compensation under scheme
1: This section applies if the Bank has paid to, or on account of, an eligible depositor ( A
2: No other person is entitled to compensation under this Part in respect of those same protected deposits.
225: Protected deposit subject to security interest
1: This Part applies regardless of whether the protected deposit is subject to a security interest.
2: If a protected deposit is subject to a security interest in favour of the licensed deposit taker that issued the deposit, any compensation paid in respect of the deposit is not subject to the security interest.
3: This section applies despite anything to the contrary in the Personal Property Securities Act 1999 or any other legislation, instrument, or other rule of law.
226: Recovery of compensation paid in excess or in error under scheme
1: This section applies if—
a: any compensation paid to, or on account of, an eligible depositor out of the fund exceeds what ought to have been paid under this Act; or
b: any compensation is paid in error to, or on account of, any person.
2: The Bank may recover the amount paid in error or excess from the person who received the compensation.
3: The person must repay the money in the manner that is specified by the Bank.
4: An amount paid in error or excess to any person is money owing in respect of the fund ( see section 197(4)
5: On recovering an amount paid in error or excess under this section, the Bank must pay the amount into the fund.
6: After the amount is paid into the fund, the Bank may pay the amount out of the fund (in whole or in part) to meet any obligation payable by the Bank in connection with the Bank performing or exercising functions, powers, or duties under this Part.
4: Bank assumes rights and remedies in relation to protected deposit
227: Bank’s right of subrogation
1: If the Bank pays compensation under this Part to, or on account of, an eligible depositor ( A B
2: Each relevant person must (at the Bank’s expense) do anything reasonably required by the Bank to enable it to exercise or enforce any subrogated rights or remedies.
3: This section applies—
a: whether the compensation is equivalent to the full amount owing under a protected deposit or only part of that amount; and
b: to give the Bank the same rights and remedies that each relevant person would have had in relation to B, any third party, and any security for an amount owing under a protected deposit; and
c: to give the Bank the same priority that the holder of the protected deposit would have had in the event of B’s insolvency.
4: In this subpart, relevant person
a: A:
b: a holder of the protected deposit (where A is not the holder or is not the only holder).
228: Bank may apportion compensation to determine respective rights and remedies
1: This section applies if—
a: the Bank pays compensation to, or on account of, an eligible depositor ( A B
b: the amount that is paid is less than the total amount referred to in section 203(1)(a)
2: The Bank may apportion the compensation to 1 or more of the protected deposits in the manner that the Bank thinks fit.
3: The Bank’s power includes the power to apportion the compensation between principal and interest.
4: The Bank’s apportionment is binding on each relevant person, B, the Bank, and any third parties for the purposes of determining rights, obligations, and remedies in respect of the protected deposits. Example
A holds a deposit of $60,000 with bank B when a specified event notice under section 194 A and another person ( C The total amount for A under section 203(1)(a) However, A is only entitled to compensation of $100,000 ( see section 203(1)(b) The Bank apportions the compensation as follows: the $60,000 deposit is entirely compensated. The Bank is, therefore, entirely subrogated to all of A’s rights and remedies in that deposit: the $45,000 deposit is compensated to the extent of $40,000. The Bank is, therefore, subrogated to A’s rights and remedies in that deposit to the extent of that payment. A retains rights and remedies in relation to the remaining $5,000.
229: Subpart does not limit or affect other rights or remedies
This subpart does not limit or affect any other rights or remedies that the Bank may have.
5: Use of fund to support resolution
230: Bank may use fund to support resolution
1: The Bank may authorise an amount to be paid out of the fund for the purposes of supporting a resolution measure undertaken or to be undertaken for a licensed deposit taker ( A
a: the Bank is satisfied that eligible depositors are likely to receive, as a result of the resolution measure, no less favourable treatment than would have been the case had the eligible depositors been paid compensation under subpart 3
b: the total amount paid out of the fund under this subpart in connection with the resolution of the licensed deposit taker does not exceed the maximum amount calculated under section 231
2: Subsection (1)(a) subpart 9
3: In this Part, resolution measure
a: any action taken by the Bank to further 1 or more of the purposes set out in section 259 Example
The Bank advances $500 million from the fund to a licensed deposit taker that is in resolution ( A This action furthers the purposes set out in section 259 Part 6
b: paying compensation under subpart 9
231: Bank must calculate maximum amount
1: The Bank must calculate the maximum amount in the manner—
a: prescribed by the regulations (if any); or
b: that the Bank thinks fit (if no regulations apply for the purpose).
2: The regulations may, in particular, require the Bank to do 1 or more of the following:
a: to apply, or not to apply, specified methods of calculation:
b: to apply specified principles:
c: to assess values or average values at specified dates or over specified periods:
d: to take specified matters into account in a specified manner:
e: not to take specified matters into account.
3: The regulations may also require or permit the Bank to make assumptions.
4: Subsections (2) and (3) subsection (1)
232: Maximum amount based on net amount of compensation payable in hypothetical liquidation
1: The Minister must make a recommendation for regulations for the purposes of section 231
2: The Bank may give the advice only if the Bank is satisfied of the matter specified in subsection (4)
3: The Bank must also be satisfied of the matter specified in subsection (4) section 231(1)(b)
4: The matter to be satisfied of is that the calculation of the maximum amount will be based on—
a: the Bank’s estimate of the amount of compensation (if any) that would be paid to eligible depositors under subpart 3
b: the Bank’s estimate of the amount that would be recovered under subpart 4
233: Bank may apply fund money in manner it thinks fit
1: If an amount is paid out of the fund under this subpart, the Bank may apply that amount on the terms and conditions, and otherwise in the manner, that the Bank thinks fit.
2: The power in this section includes (without limitation) the power to do either or both of the following:
a: to pay compensation to persons under subpart 9
b: to advance the money to a licensed deposit taker in resolution (or to any other person) on the terms and conditions that the Bank determines (for example, terms about repayment, interest on the money that has been advanced, and the grant of a security interest over the property of the deposit taker or other person). Independent review
234: Review of calculation
1: The Bank must appoint 1 or more persons as reviewer as soon as is reasonably practicable after—
a: a resolution ends, if the Bank has paid money out of the fund under this subpart during the course of the resolution; or
b: the Bank pays money out of the fund under this subpart to pay compensation under subpart 9
2: Before appointing a reviewer, the Bank must be satisfied that the person—
a: has the appropriate knowledge, skills, and experience to act as the reviewer under this section; and
b: is independent of the Bank.
3: The reviewer must—
a: assess whether the Bank’s calculation of the maximum amount complies with—
i: the regulations made for the purpose of section 231(1)(a)
ii: section 232(4) section 231(1)(b)
b: prepare a draft report on their findings; and
c: consult the Bank on the draft report; and
d: provide a final report to the Bank after taking into account the Bank’s comments on the draft.
4: The reviewer may, when acting under subsection (3)(a) section 231
5: The Bank must publish the final report on its Internet site.
6: The Bank may redact any information from the final report that is published if the Bank considers there would be a good reason for withholding the information under the Official Information Act 1982
6: Levies for depositor compensation scheme
235: Licensed deposit takers must pay levy for scheme
1: Every licensed deposit taker must pay to the Bank, or a prescribed person on behalf of the Bank (the prescribed person
2: A licensed deposit taker must pay the levy by the date specified for payment, whether in an invoice or other appropriate document given to the deposit taker by the Bank or the prescribed person.
3: The specified date for payment must be not less than 30 days after the date of the invoice or other appropriate document.
4: The amount of any unpaid levy and any interest under section 237 section 197(4)
5: This section is subject to section 236
236: Certain deposit takers not required to pay levy
This subpart does not apply to a licensed deposit taker to which regulations referred to in section 192(2)(c)
237: Interest on unpaid levy
1: A person who owes a levy under this subpart is liable to pay to the Bank or the prescribed person interest assessed at the rate and applied by the method (if any) prescribed by the regulations made under this subpart.
2: The interest is payable on—
a: any unpaid levy; and
b: any unpaid instalment payment in respect of any levy; and
c: any unpaid interest that has been charged already.
238: Levy regulations
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations providing for the levies.
2: The Minister must, before making a recommendation, have regard to the principle that it is desirable for the levies to be prescribed on the basis that the following costs should, over time, be met fully out of the fund:
a: the costs of entitlements to compensation under this Part, including the cost of establishing and maintaining the fund (taking into account any money recovered under subpart 4
b: the costs of supporting a resolution measure under subpart 5
c: the costs of the Bank in performing or exercising its functions, powers, or duties under this Part; and
d: the costs of the Crown in connection with the Minister performing, or preparing to perform, the Minister’s duties under subpart 8
e: the costs of repaying any money provided to the fund under subpart 8
f: the costs of collecting the levy money.
3: The regulations may—
a: provide different levies for different classes of licensed deposit taker:
b: specify the amount of levies, or the method of calculating or ascertaining the amount of levies for each class:
c: include in levies, or provide for the inclusion in levies of, any shortfall in recovering the costs (including the costs referred to in subsection (2)(e)
d: provide for the payment and collection of levies (which may include providing for instalment payments):
e: provide for interest under section 237
f: specify the financial year or part financial year to which a levy applies, and apply that levy to that financial year or part financial year and each subsequent financial year until the levy is revoked or replaced:
g: require payment of a levy for a financial year or part financial year, irrespective of the fact that the regulations may be made after that financial year has commenced:
h: provide for waivers, discounts, or refunds of the whole or any part of a levy for any case or class of cases.
4: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
239: Minister must also have regard to other levy principles
The Minister must, before making a recommendation under section 238
a: that the scheme should be fully funded by licensed deposit takers (including to meet any shortfalls to the fund):
b: that the amount of levies for each class of deposit taker to be specified under section 238(3)(a)
i: the likelihood of the Bank issuing a specified event notice in relation to a deposit taker of that class; and
ii: the likelihood of the Bank authorising an amount to be paid out of the fund under subpart 5
iii: estimates of the costs referred to in section 238(2) subpart 5
iv: the effect that the obligation to pay a levy under this subpart is likely to have on the soundness of a deposit taker of that class:
c: the desirability of predictability in levies.
240: Minister must also have regard to statement of funding approach and Bank’s advice
The Minister must, before making a recommendation under section 238
a: the statement of funding approach; and
b: the advice given by the Bank under section 241
241: Bank must give advice about levy regulations
The Bank must, before regulations are made under this subpart, give the Minister advice about the proposed regulations ( levy advice
242: Process for developing Bank’s advice
1: The Bank must, before giving the levy advice, consult—
a: licensed deposit takers or the persons or organisations that the Bank considers are able to represent the views of licensed deposit takers; and
b: any other representatives of persons that the Bank believes are significantly affected by a levy.
2: The consultation must include consultation relating to the amount of levies or method of calculating or ascertaining the amount of levies.
3: Subsection (2)
243: Bank must publish levy advice
The Bank must, as soon as practicable after regulations are made under this subpart, publish a copy of the levy advice on the Bank’s Internet site.
244: Effect of failure to comply
A failure to comply with section 242 243
7: Statement of funding approach
245: Minister must publish statement of funding approach
1: The Minister of Finance must, at least every 5 years, publish a statement of the funding approach for the scheme.
2: See section 240
3: In this subpart, the period
246: Minister must consult Bank and seek views of public
The Minister must, before publishing a statement,—
a: consult the Bank; and
b: seek the views of members of the public on the matters that the Minister considers would assist the Minister to prepare the statement; and
c: have regard to the comments that are provided by those members of the public within the period and in the manner specified by the Minister.
247: Contents of statement
The statement must—
a: contain information about the estimated costs of the scheme under this Part, including—
i: information on the likelihood of the Bank issuing 1 or more specified event notices during the period of the statement; and
ii: estimates of the costs referred to in section 238(2)
b: contain information about the assumptions and evidence used to prepare the estimates and other information under paragraph (a)
c: set out requirements for the investment of the fund (for example, requirements relating to liquidity); and
d: set out the Minister’s proposed approach to managing the financial position of the Crown in connection with the scheme, including how the Minister’s duty under subpart 8
e: state whether the levies will be set with a view to the fund balance reaching, and being maintained at, a target level or within a target band and, if so,—
i: that level or band; and
ii: the estimated time frame for the fund balance to reach that level or band; and
f: state the reasons for the level or band, and time frame, under paragraph (e)
8: Deficiency in fund
248: Deficiency in fund when specified event notice issued
1: This section applies if the Bank has issued a specified event notice but the property of the fund is not sufficient to do 1 or both of the following in connection with the notice:
a: pay entitlements to compensation under this Part:
b: meet all other costs of the Bank in performing or exercising its functions, powers, or duties under this Part.
2: The Minister must provide to the fund out of public money, without further appropriation than this section, money by way of grant or advance as may be necessary to meet the deficiency.
249: Deficiency in fund when supporting resolution measure
1: This section applies if the Bank intends to authorise an amount to be paid out of the fund under section 230
2: The Minister must provide to the fund out of public money, without further appropriation than this section, money by way of grant or advance as may be necessary to meet the deficiency.
250: Minister may determine conditions
1: The Minister may determine the terms and conditions under which to provide money under this subpart (for example, terms about repayment of that money and interest on that money).
2: See subpart 6
9: Accountability
251: Financial statements of fund
1: As soon as practicable after the end of each financial year, the Bank must prepare financial statements in relation to the fund for that financial year.
2: The financial statements must—
a: comply with generally accepted accounting practice (as defined in section 8
b: include any other information or explanations needed to fairly reflect the financial operations and financial position of the fund; and
c: include a forecast statement of comprehensive revenue and expense for the fund prepared at the start of the financial year, for comparison with the actual financial statements.
252: Statement of responsibility
1: The financial statements in relation to the fund must contain, or be accompanied by, a statement of responsibility.
2: The statement must—
a: contain a statement of the signatories’ responsibility for the preparation of the financial statements and for the judgments in them; and
b: contain a statement of the signatories’ responsibility for establishing and maintaining a system of internal control designed to provide reasonable assurance as to the integrity and reliability of financial reporting in relation to the fund; and
c: contain a statement that, in the opinion of the signatories, the financial statements for the financial year fairly reflect the financial position and operations of the fund; and
d: be dated and signed on behalf of the board of the Bank by 2 members.
253: Auditor-General is auditor of fund
The fund is to be treated as if it were a public entity as defined in section 4
254: Audit of financial statements
1: The Bank must forward to the Auditor-General the financial statements of the fund before the end of the second month following the end of the financial year to which the statements relate.
2: The Auditor-General must—
a: audit the statements; and
b: provide an audit report on those statements to the Bank within 30 days after receiving them.
255: Board must ensure that proper accounting records are kept
1: The board of the Bank must cause accounting records to be kept that—
a: correctly record and explain the transactions of the fund; and
b: will at any time enable the financial position of the fund to be determined with reasonable accuracy; and
c: will enable the members of the board of the Bank to ensure that the financial statements of the fund comply with this subpart; and
d: will enable the financial statements of the fund to be readily and properly audited.
2: The accounting records must be in written form or in a manner in which they are easily accessible and convertible into written form.
256: Financial information about fund consolidated into Bank’s financial statements only if required by financial reporting standards
1: Information about the financial position or performance of the fund may be consolidated into the financial statements of the Bank or the Bank group only if consolidation is required by applicable financial reporting standards.
2: This section applies despite anything to the contrary in Part 5
3: In this section,— applicable financial reporting standard section 5 Bank group section 215
10: Miscellaneous provisions
257: Liquidator must give reasonable assistance to Bank
1: A liquidator of a licensed deposit taker must give all reasonable assistance to enable the Bank to perform or exercise any function, duty, or power under this Part, including 1 or more of the following:
a: ascertaining the eligible depositors who are entitled to compensation under this Part:
b: calculating the entitlement to compensation under this Part of 1 or more eligible depositors:
c: paying the compensation to, or on account of, 1 or more eligible depositors.
2: See section 286
3: This section does not limit any duty that the liquidator has under subpart 1 Part 4
4: For the purposes of subpart 1 Part 4 section 99(1)(a) section 99(1)(b) or (c) No holding out that product is protected deposit
258: Offence to hold out that product is protected deposit
1: An issuer of a financial product or an associated person of the issuer must not, directly or indirectly, hold out that—
a: the financial product is a protected deposit if that is not the case; or
b: a holder of the financial product is entitled to compensation under this Part if that is not the case.
2: A person commits an offence if they—
a: contravene subsection (1)
b: know that, or are reckless as to whether, what they are holding out is not the case.
3: A person that commits an offence against this section 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 $100,000 (or both):
b: in any other case, to a fine not exceeding $2,500,000.
7: Crisis management and resolution
1: Preliminary provisions
259: Additional purposes of this Part
1: This Part has the following purposes (in addition to those set out in section 3
a: to avoid significant damage to the financial system that could result from a licensed deposit taker being in financial distress or other difficulties, including—
i: by maintaining the continuity of systemically important activities undertaken by licensed deposit takers in New Zealand; and
ii: by mitigating, or otherwise managing, any loss of confidence in the financial system resulting from a licensed deposit taker being in financial distress or other difficulties; and
b: to enable a licensed deposit taker that is in resolution to be dealt with in an orderly manner; and
c: to support the purpose of Part 6
d: to the extent not inconsistent with any of paragraphs (a), (b), and (c)
i: preserving the interests of creditors and maintaining the ranking of claims of creditors; and
ii: dealing with the financial distress or other difficulties as quickly as is reasonably practicable; and
e: to the extent not inconsistent with any of paragraphs (a), (b), and (c)
2: In this Part, public money section 2(1)
3: This section does not limit section 3
2: Planning and statement of approach
Resolution plan for each licensed deposit taker
260: Bank must prepare and maintain orderly resolution plan for each licensed deposit taker
The Bank must prepare and maintain a plan, in relation to each licensed deposit taker, that is designed to facilitate dealing with the deposit taker in an orderly manner if it were to enter into resolution. Bank’s statement of approach to resolution
261: Bank must publish statement of approach to resolution
The Bank must, after consulting the Minister, publish a statement of approach to resolution on the Bank’s Internet site.
262: Content of statement of approach
The statement of approach must state—
a: the Bank’s expected resolution strategy or strategies for dealing with licensed deposit takers under this Part; and
b: the Bank’s intended approach to the following in connection with dealing with licensed deposit takers under this Part:
i: co-operating with relevant law enforcement or regulatory agencies, Australian financial authorities, and overseas supervisors; and
ii: engaging with the Minister and relevant law enforcement or regulatory agencies about the use of powers under this Part; and
iii: otherwise performing or exercising functions, powers, or duties under subparts 3 8
263: Review of statement of approach
1: The Bank—
a: must review the statement of approach within 5 years after the first statement is published and then at subsequent intervals of not more than 5 years; and
b: may review the statement of approach at any other time.
2: In carrying out the review, the Bank must—
a: consider whether any amendments to the statement of approach are necessary or desirable; and
b: report on the findings to the Minister.
3: The Bank must publish the report on the Bank’s Internet site as soon as practicable after giving it to the Minister. Failure to comply does not affect validity of actions
264: Failure to comply with subpart does not affect validity of Bank’s actions
The performance or exercise of a function, power, or duty is not invalid by reason only of a failure to comply with this subpart.
3: Bank may give directions, approve sales, and replace directors
Bank may give directions
265: Bank may give directions to licensed deposit taker
1: The Bank may give a licensed deposit taker ( A
a: has reasonable grounds to believe that 1 or more of the circumstances set out in subsection (2)
b: considers that directing A is necessary or desirable for 1 or more of the following purposes:
i: to remedy or avoid the matter set out in subsection (2)
ii: to avoid or mitigate any adverse effects arising, or likely to arise, in connection with the matter set out in subsection (2)
iii: to avoid any contravention or further contravention of a prudential obligation in connection with the matter set out in subsection (2)
2: The circumstances are as follows:
a: A is insolvent or is likely to become insolvent:
b: the circumstances of A are such as to be prejudicial to the soundness of the financial system:
c: A’s affairs are being conducted in a manner prejudicial to—
i: A’s solvency; or
ii: the soundness of the financial system:
d: A has contravened, may have contravened, or is likely to contravene a requirement under an applicable standard, or a condition of its licence, to maintain a minimum amount (or ratio) of capital:
e: A has contravened, may have contravened, or is likely to contravene any other prudential obligation in a material respect:
f: A has been or is operating fraudulently or recklessly:
g: an overseas supervisor has taken, or is taking, regulatory action against A or against a person that controls A (whether or not that action has been completed).
3: Subsection (2)(d) subsection (2)(e)
4: In this section, regulatory action section 280(3)
266: Bank may give directions to associated person
1: The Bank may give an associated person ( B A
a: has reasonable grounds to believe that 1 or more of the circumstances set out in subsection (2)
b: considers that directing B is necessary or desirable for 1 or more of the following purposes:
i: to remedy or avoid the matter set out in subsection (2)
ii: to avoid or mitigate any adverse effects arising, or likely to arise, in connection with the matter set out in subsection (2)
iii: to avoid any contravention or further contravention of a prudential obligation in connection with the matter set out in subsection (2)
2: The circumstances are as follows:
a: A’s business and affairs are so closely connected with B that the Bank would be unable to effectively exercise the powers conferred by this Part in relation to A unless a direction is issued to B:
b: the circumstances of B are such as to be prejudicial to—
i: A’s solvency; or
ii: A’s ability to comply with a prudential obligation in a material respect:
c: B’s affairs are being conducted in a manner prejudicial to—
i: A’s solvency; or
ii: A’s ability to comply with a prudential obligation in a material respect.
267: Scope of directions
1: A direction given under this subpart may require a licensed deposit taker or an associated person to do 1 or more of the following:
a: consult the Bank, at the times and in the manner specified by the Bank, about the circumstances of the deposit taker or associated person and the actions or proposed actions to resolve any difficulties facing the deposit taker or associated person:
b: carry on its business, or any part of its business, in accordance with the direction:
c: cease to carry on its business, or any part of its business, in accordance with the direction:
d: ensure that any director, or any senior manager or other employee, of the deposit taker or associated person ceases to take part in the management or conduct of its business except with the permission of the Bank and so far as that permission extends:
e: remove or replace any of the directors of an associated person of the deposit taker:
f: remove or replace its auditor or appoint an auditor approved by the Bank:
g: take the action that is specified in the direction to address a contravention of any prudential obligation:
h: take the action that is specified in the direction to address any circumstances of financial difficulties:
i: implement all, or part, of the deposit taker’s contingency and recovery plans in accordance with the direction ( see section 89
j: issue shares in accordance with the direction:
k: take the action that is specified in the direction that is necessary or desirable for any matter in section 80(4)(a), (b), (c), or (d)
2: If the events or circumstances referred to in section 80(2)(c) section 80(4)(a), (b), (c), or (d)
268: Direction must be in writing and state grounds
A direction given under this subpart must—
a: be in writing; and
b: state the grounds on which it is given. Bank may approve sale or disposition
269: Bank may approve sale or disposition
1: The Bank may approve a sale or other disposition of the whole or part of the capital or business undertaking of either or both of the following:
a: a licensed deposit taker, if the Bank has reasonable grounds to believe that 1 or more of the circumstances listed in section 265(2)
b: an associated person of the licensed deposit taker, if the Bank has reasonable grounds to believe that 1 or more of the circumstances listed in section 266(2)
2: If the Bank grants an approval,—
a: it must be given by written notice to the parties; and
b: the provisions of any legislation, or of any instrument, requiring any consent, licence, permission, or clearance or other authority do not apply as a condition of the legality or validity of the sale or other disposition. 1989 No 157 s 116(2), (3) Bank may remove, replace, or appoint director
270: Power to remove, replace, or appoint director of licensed deposit taker
1: The Bank may remove or replace a director of a licensed deposit taker ( A A
a: has reasonable grounds to believe that 1 or more of the following apply:
i: A is insolvent or is likely to become insolvent:
ii: the circumstances of A are such as to be prejudicial to the soundness of the financial system:
iii: A has contravened, may have contravened, or is likely to contravene any prudential obligation in a material respect; and
b: considers that exercising a power under this section is necessary or desirable.
2: This section does not apply to a director of an overseas person.
3: This section and section 271
271: How Bank exercises power to remove, replace, or appoint director
1: The Bank must—
a: exercise a power under section 270
i: the director concerned, or the person being appointed; and
ii: in the case of the removal, replacement, or appointment of a director, the Registrar of Companies; and
b: give written notice of the exercise of the power to the licensed deposit taker.
2: A notice given under subsection (1)(a)(ii) section 159 section 152 Disclosure of direction or notice
272: Prohibition on disclosing or publishing direction or notice
1: A person must not disclose or publish the fact that a direction has been given under this subpart or that a notice has been given under section 271
2: Subsection (1)
a: to any director, senior manager, or professional or financial adviser of the licensed deposit taker, or associated person of a licensed deposit taker, to which the direction or notice relates; or
b: with the written consent of the Bank, for the purposes of the sale or other disposition, or the possible sale or other disposition, of the whole or any part of the capital, or business undertaking, of the licensed deposit taker or associated person of a licensed deposit taker; or
c: by, or on behalf of, the Bank, or with the written consent of the Bank,—
i: to the public or any class of the public; or
ii: to any person who has a proper interest in knowing that the direction or notice has been given.
3: For the purposes of subsection (2)(b) and (c)
a: the Bank’s consent must not be unreasonably withheld; and
b: in considering whether to give its consent, the Bank must take into account the time that has elapsed since the direction or notice was given.
4: Subsection (1) section 267(1)(d)
5: Subsection (1) section 80(4)(a), (b), (c), or (d) 2010 No 111 s 150(1)–(4)
273: Offence to contravene prohibition
A person that contravenes section 272
a: in the case of an individual, to a fine not exceeding $100,000:
b: in any other case, to a fine not exceeding $2,500,000. 2010 No 111 s 150(5)
4: Resolution of licensed deposit takers and associated persons
274: Resolution of licensed deposit takers and associated persons
The Governor-General may, by Order in Council, on the advice of the Minister given in accordance with a recommendation of the Bank,—
a: declare that a licensed deposit taker ( A
b: declare that 1 or more associated persons of a licensed deposit taker are in resolution. 1989 No 157 s 117(1)
275: Resolution of subsidiaries
1: If a licensed deposit taker ( A section 274
2: If A acquires a subsidiary after it enters resolution, the subsidiary is also in resolution unless an Order in Council is made before the acquisition that declares that the subsidiary to be acquired is not in resolution.
3: A person that holds office as the resolution manager in respect of A also holds office as the resolution manager in respect of the subsidiaries that are in resolution (unless a notice under section 357 1989 No 157 s 117(2), (2A)
276: Resolution for overseas persons
If a licensed deposit taker in resolution is an overseas person, this subpart and subparts 5 to 8
a: the property, rights, and liabilities relating to its New Zealand business; and
b: the management or conduct of its New Zealand business. 1989 No 157 s 117(3)
277: Date on which, and time at which, resolution starts
1: An Order in Council made under section 274
2: The date and time must not be earlier than the date on which, and the time at which, the Order in Council is made.
3: A licensed deposit taker or an associated person—
a: enters resolution subsection (4)
b: remains in resolution section 282
4: However,—
a: a subsidiary that is in resolution as referred to in section 275(2)
b: a body corporate that is in resolution as referred to in section 316 321 1989 No 157 s 117(4), (5)
278: Questions about whether transactions are before or after resolution
1: This section applies if a question arises as to whether, on the date on which a licensed deposit taker or an associated person entered resolution, an act was done or a transaction was entered into or effected before or after the deposit taker or person entered resolution.
2: The act or transaction must, in the absence of proof to the contrary, be treated as having been done or entered into or effected after the deposit taker or person enters resolution. 1989 No 157 s 117(1A)
279: Limitation on application of provisions to covered bond SPVs
A covered bond SPV (as defined in section 404
a: an associated person for the purposes of section 274
b: a subsidiary for the purposes of section 275 1989 No 157 s 139J(4)
280: Grounds on which licensed deposit taker may be declared to be in resolution
1: The Bank may make a recommendation under section 274 A
a: is satisfied on reasonable grounds that 1 or more of the following matters apply:
i: A is insolvent or is likely to become insolvent:
ii: A has contravened, may have contravened, or is likely to contravene a requirement under an applicable standard, or a condition of its licence, to maintain a minimum amount (or ratio) of capital:
iii: A has contravened a direction given under subpart 3
iv: A has persistently or seriously contravened any other prudential obligation:
v: an overseas supervisor has taken, or is taking, regulatory action against A or against a person that controls A (whether or not that action has been completed); and
b: is satisfied that there is no reasonable prospect of the matters that apply under paragraph (a)
2: Subsection (1)(a)(ii) and (iii) subsection (1)(a)(iv)
3: In this section, regulatory action
a: action to cancel or suspend the licence, registration, or other authorisation of A or the person to act as a bank or other deposit taker (or action equivalent to cancelling or suspending such a licence, registration, or authorisation); or
b: a direction to A or the person to the effect of 1 or more of the following:
i: to take specified action to improve its solvency:
ii: to carry on its business, or any part of its business, in accordance with the direction:
iii: to cease to carry on its business, or any part of its business, in accordance with the direction. 1989 No 157 s 118
281: Grounds on which associated person may be declared to be in resolution
1: The Bank may make a recommendation under section 274 B A
a: is satisfied on reasonable grounds that 1 or more of the matters set out in subsection (2)
b: is satisfied that there is no reasonable prospect of the matters that apply under paragraph (a)
2: The matters are as follows:
a: B has contravened, or is contravening, any direction or other requirement imposed by or under this Act or the regulations:
b: A’s business and affairs are so closely connected with B that the Bank will be unable to exercise effectively the powers conferred by this Part in relation to A unless B is in resolution:
c: the circumstances of B are such as to be prejudicial to—
i: A’s solvency; or
ii: A’s ability to comply with a prudential obligation in a material respect:
d: B’s affairs are being conducted in a manner prejudicial to—
i: A’s solvency; or
ii: A’s ability to comply with a prudential obligation in a material respect.
282: End of resolution
1: The Governor-General may, by Order in Council, on the advice of the Minister given in accordance with a recommendation of the Bank, declare that a licensed deposit taker or an associated person that is in resolution is no longer in resolution.
2: Despite subsection (1) section 349(2)
3: A licensed deposit taker or an associated person is also no longer in resolution if it is put into liquidation on the application of the Bank.
4: The resolution ends,—
a: in the case of subsection (1)
b: in the case of subsection (3)
5: If an Order in Council declares that a licensed deposit taker is no longer in resolution, every subsidiary of the deposit taker, except a subsidiary specified in the order, is also no longer in resolution (with effect at the same date and time specified under subsection (4)(a) 1989 No 157 s 144
283: Application of resolution provisions to other persons in resolution
1: References in subparts 5 6 8
2: In this section, another person in resolution
a: a subsidiary or any other associated person of a licensed deposit taker:
b: a body corporate formed and registered under section 314 320 1989 No 157 s 140(2)(b)
5: Moratorium and restriction on resolution trigger
284: Moratorium
1: If a licensed deposit taker ( A
a: commence or continue a proceeding, including a proceeding by way of counterclaim, against A:
b: issue an execution, attach a debt, or otherwise enforce or seek to enforce a judgment or an order obtained in respect of A:
c: take any steps to put A into liquidation or voluntary administration:
d: enter into possession of, sell, or appoint a receiver of A’s property or property in respect of which A has an equity of redemption:
e: exercise or continue a power or rights under, or in accordance with, a mortgage, charge, debenture, instrument, or other security interest over A’s property:
f: claim or recover, under a retention of title clause, hire purchase agreement, mortgage, lease, or security interest, any property in A’s possession:
g: determine or forfeit a tenancy, retake or re-enter premises, or exercise or continue a power or rights under or in connection with a lease, against A:
h: exercise a right of set-off against A.
2: Nothing in subsection (1)
3: This section is subject to section 421(1) to (3) 1989 No 157 s 122(1), (10)
285: Period of moratorium
1: The moratorium under section 284(1)
a: the end of the resolution:
b: the close of the date that is 12 months after the date on which the licensed deposit taker enters resolution.
2: However, the Bank may, by notice in the Gazette section 284(1) subsection (1)(b)
3: The Bank may extend the period of the moratorium only if it is satisfied that it is necessary or desirable to do so for either or both of the purposes in section 259(1)(a) and (b)
4: The Bank may only issue a notice to extend the period of the moratorium before the end of the period to be extended.
5: An extension may relate separately to a licensed deposit taker and any 1 or more associated persons of the deposit taker.
286: Bank must publish notice on Internet site
The Bank must, as soon as practicable, publish a notice under section 285(2)
287: Restriction on resolution trigger
1: This section applies if a licensed deposit taker ( A
2: Neither of the matters referred to in subsection (3)
a: deny any liability or obligation under the agreement:
b: accelerate or require the payment or performance of a liability or an obligation:
c: terminate or close out any transaction relating to the agreement:
d: enforce any security interest under the agreement.
3: The matters are as follows:
a: A, or an associated person of A, entering into resolution:
b: the Bank or the Minister performing or exercising 1 or more functions, powers, or duties under subpart 4 subparts 6 8
4: This section continues to apply despite the end of the period of the moratorium under section 285
5: This section is subject to section 421(1) to (3)
288: Person may commence or continue proceeding with leave
Despite sections 284 287 1989 No 157 s 122(2)
289: Bank may waive application of moratorium and restriction on resolution trigger
1: Despite sections 284 287
2: This section does not apply to section 284(1)(c) 1989 No 157 s 122(3)
290: Moratorium and restriction on resolution trigger do not affect existence or priority of security interest
Sections 284 287 1989 No 157 s 122(4)
291: Moratorium does not limit or prevent obligations incurred or rights granted after deposit taker enters resolution
Section 284(1)(a), (b), and (d) to (h) 1989 No 157 s 122(5)
292: Moratorium and restriction on resolution trigger do not limit or affect certain rights under netting agreement or rights under rules of designated FMI
1: In the case of a netting agreement to which sections 310A to 310O
a: section 284(1)(h)
b: sections 284(1) 287
i: 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 that is specified in the netting agreement and is an event (including entering resolution) that occurs not later than when the licensed deposit taker enters resolution:
ii: 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; and
c: sections 284(1) 287 section 284(1)(d) to (f) A section 310A
2: In the case of a derivative, a relevant security interest, or a specified instrument,—
a: subsection (1)(b) does not apply to the extent that it relates to section 287
b: section 294
3: If subpart 5
a: sections 284(1) 287
b: sections 284(1) 287 section 284(1)(d) to (f) A
i: is provided under the rules of the FMI; and
ii: has been granted to secure, or to assist in securing, the due performance, by A, of obligations entered into by A under those rules.
4: In this section,—
a: designated FMI netting participant section 5
b: netted balance
c: rules section 35 1989 No 157 s 122(7)–(9)
293: Moratorium does not limit or prevent certain things in relation to derivatives, etc
1: Section 284(1)
2: The things are as follows:
a: denying any liability or obligation under the agreement:
b: accelerating or requiring the payment or performance of a liability or an obligation:
c: terminating or closing out any transaction relating to the agreement:
d: enforcing any security interest under the agreement.
3: In this section and sections 292 294 296 collateral section 62A of the Corporations (Investigation and Management) Act 1989 derivative section 8(4) possession section 62A of the Corporations (Investigation and Management) Act 1989 qualifying derivative section 62A of the Corporations (Investigation and Management) Act 1989 relevant security interest specified declaration subpart 3 specified instrument
a: prescribed in the regulations; and
b: entered into in connection with a netting agreement (within the meaning of section 310A
294: Restriction on resolution trigger does not limit or prevent certain things in relation to derivatives, etc, after stay
1: Section 287
a: the default time, unless paragraph (b) applies ( see
b: an earlier or a later time specified by the Bank in a notice issued under section 295
2: The things are as follows:
a: denying any liability or obligation under the agreement:
b: accelerating or requiring the payment or performance of a liability or an obligation:
c: terminating or closing out any transaction relating to the agreement:
d: enforcing any security interest under the agreement.
3: However, in the case of a relevant security interest, subsection (1) applies only if, before the agreement or party does the thing referred to in subsection (2), the collateral is delivered, transferred, held, registered, or otherwise designated so as to be in the possession or under the control of—
a: the enforcing counterparty; or
b: another person (who is not the grantor) on behalf of the enforcing counterparty, under the terms of an arrangement evidenced in writing.
4: In this section and section 295 default time
5: Section 62B of the Corporations (Investigation and Management) Act 1989 section 42(10)(b) 1989 No 157 s 122(9A), (9B) 2021 No 13 s 125
295: Bank may reduce or extend stay
1: The Bank may, before the default time, issue a notice that specifies an earlier or a later time for the purposes of section 294(1)(b) A
2: The time that is specified may be—
a: before the default time; or
b: after the default time if the Bank is satisfied of all of the matters set out in section 296
3: The notice may relate to all things referred to in section 294(2) 1989 No 157 s 122C 2021 No 13 s 126
296: Matters Bank must be satisfied of when extending stay
The matters referred to in section 295(2)(b)
a: A is able to meet all of the following liabilities as and when those liabilities become due and payable:
i: A’s liabilities under all netting agreements to which sections 310A to 310O
ii: A’s liabilities in respect of security interests over collateral to the extent that the security interests secure payment or performance of obligations under or in relation to derivatives:
iii: A’s liabilities that are subject to netting under the rules of a designated FMI; and
b: A is able to pay its debts as they become due in the normal course of business; and
c: either—
i: A complies with the minimum capital requirements (if any) to which it is subject under an applicable standard; or
ii: there are satisfactory arrangements in place to ensure that A meets all of its liabilities referred to in paragraph (a) as and when those liabilities become due and payable and those arrangements will remain in place until A complies with the requirements referred to in subparagraph (i) or the resolution ends, whichever occurs first. 1989 No 157 s 122D
297: Publication of notice
1: The Bank must, as soon as practicable,—
a: publish any notice issued under section 295
b: notify the issue of the notice in the Gazette
2: The notice may take effect at any time after it is published under subsection (1)(a).
3: The notice cannot be varied or revoked. 1989 No 157 s 122E
6: Conduct of resolution
Bank must act as resolution authority
298: Bank is resolution authority
The Bank must act as the resolution authority in relation to a resolution of a licensed deposit taker.
299: Function of resolution authority
1: The Bank’s function as the resolution authority is to ensure that a resolution of a licensed deposit taker is carried out in a way that furthers the purposes set out in section 259
2: The function includes performing or exercising the duties or powers imposed or conferred on the Bank under subparts 5 to 8
300: Bank must supervise resolution manager
1: The Bank as the resolution authority must supervise a resolution manager to ensure that the resolution manager efficiently and effectively performs or exercises the resolution manager’s functions, powers, and duties.
2: See
a: section 353
b: section 354
c: sections 355 356
301: Bank must regularly report to Minister on conduct of resolution
1: The Bank must regularly report to the Minister on the conduct of a resolution.
2: The reports must—
a: be made when required by the Minister; and
b: contain the information required by the Minister. Resolution manager has management and control of deposit taker
302: Management of licensed deposit taker vests in resolution manager
The management of a licensed deposit taker in resolution vests in the resolution manager on and after the time when it enters resolution. 1989 No 157 s 128
303: Directors, managers, and other persons may act only with resolution manager’s permission
1: If a licensed deposit taker is in resolution, it is not lawful or competent for a director, a senior or any other manager, or any other person to be engaged in the management or conduct of its business, or to act as an officer, agent, or employee of the deposit taker, except with the permission of the resolution manager and to the extent that the permission extends.
2: This section is subject to section 421(1) to (3) 1989 No 157 s 128 Resolution manager’s general powers
304: Resolution manager’s general powers
The resolution manager has all of the powers, rights, and authorities that are necessary or desirable to enable the resolution manager to further the purposes set out in section 259 1989 No 157 s 129(1)
305: Resolution manager has powers of deposit taker and of its shareholders, members, and board
The resolution manager has—
a: all the powers, rights, and privileges that the licensed deposit taker in resolution has under any agreement or otherwise; and
b: in the case of a body corporate in resolution,—
i: all the powers of the shareholders or members in general meeting; and
ii: all the powers of the board of directors of the body corporate; and
c: in the case of a partnership in resolution, all the powers exercisable by a partner or partners; and
d: in the case of any other unincorporated body of persons in resolution, all the powers exercisable by its governing body. 1989 No 157 s 129(2)
306: Resolution manager may carry on business of licensed deposit taker
The resolution manager may carry on all or any part of the business of the licensed deposit taker in resolution and has, in relation to the deposit taker, all of the powers, rights, and authorities that are necessary or desirable to carry on that business. 1989 No 157 s 130
307: Resolution manager may pay creditors and compromise claims
The resolution manager may do 1 or more of the following in relation to a licensed deposit taker in resolution:
a: pay, in whole or in part, any creditor or class of creditors of the deposit taker:
b: make a compromise or an arrangement with a creditor, or person claiming to be a creditor, of the deposit taker:
c: compromise all calls, debts, and claims subsisting, or supposed to subsist, between the deposit taker and any other person:
d: deal with all questions relating to the property of the deposit taker:
e: give a complete or partial discharge in relation to any calls, debts, or claims subsisting, or supposed to subsist, between the deposit taker and any other person. 1989 No 157 s 131 Resolution manager’s miscellaneous powers
308: Resolution manager may offer and issue deposit taker’s financial products
1: The resolution manager may offer and issue any financial products in respect of which a licensed deposit taker in resolution ( A
2: An offer and issue of financial products may be made to any person or persons, and on any terms and conditions, that the resolution manager thinks fit.
309: Resolution manager may disclaim onerous property
1: The resolution manager has all of the powers conferred on a liquidator of a company by section 269
2: Section 269
3: This section does not limit section 304 1989 No 157 s 129(3)
310: Resolution manager may trace property improperly disposed of
1: This section applies if—
a: any property has been acquired by a person in circumstances where it is just and equitable that the person should hold it on trust for a licensed deposit taker in resolution; or
b: any property has been improperly disposed of, whether or not the property has become subject to a trust.
2: The court may, if it thinks fit, make an order—
a: that the property be transferred or delivered to the resolution manager:
b: that any person who acquired or received the property, or their administrator, pay to the resolution manager a sum not exceeding the value of the property.
3: For the purpose of giving effect to the order, the court may make any further order that it thinks fit.
4: This section and section 311 1989 No 157 s 138(1), (2), (4)
311: Order may not deprive good-faith purchaser for value
An order under section 310 1989 No 157 s 138(3)
312: Resolution manager may change balance date
1: The resolution manager may change the balance date of a licensed deposit taker that is in resolution to any date that the resolution manager thinks fit.
2: The Commissioner of Inland Revenue’s approval of the change is not required.
3: Sections 42 43 Bank may investigate affairs of licensed deposit taker
313: Bank’s investigation powers
1: In relation to a licensed deposit taker in resolution, the Bank has all the powers conferred, and all the duties imposed, on a person appointed under subpart 5
2: The following provisions apply, with any necessary modifications, as if the Bank were appointed under section 126
a: sections 127 128
b: section 129
3: Subsection (2) does not limit subsection (1).
4: This section does not limit any other power conferred on the Bank (for example, powers under subpart 1 1989 No 157 s 117(6) Bank may form body corporate to acquire New Zealand business
314: Bank may form body corporate to acquire New Zealand business
1: If an overseas licensed deposit taker ( A
a: form and register a body corporate ( B Companies Act 1993
b: subscribe for or acquire, as trustee for A, all or any of B’s shares:
c: issue all or any of B’s shares as fully or partly paid on the terms and conditions that the Bank thinks fit.
2: The Governor-General may, by Order in Council, on the advice of the Minister given in accordance with a recommendation of the Bank, declare that the whole or any part of any property, rights, and liabilities of A relating to its New Zealand business will vest in B on a date specified in the order.
3: The property, rights, and liabilities of A vest in B on the date specified. 1989 No 157 s 123(1), (2)
315: Vesting does not affect deposit taker’s obligations or place it in breach
A vesting under section 314
a: does not reduce, extinguish, or affect any obligation or liability of the overseas licensed deposit taker ( A
b: does not constitute a breach or repudiation of any agreement entered into by A with any person. 1989 No 157 s 123(3)
316: Body corporate is also subject to resolution
1: The body corporate ( B section 314
2: The resolution manager of the licensed deposit taker is the resolution manager of B as if that resolution manager had been appointed under section 357
3: Subsection (2) does not prevent the Bank from exercising a power to terminate a resolution manager’s appointment or to replace a resolution manager.
4: The period of moratorium under subpart 5
5: However, the Bank may exercise a power under section 285(2) 1989 No 157 s 123(4)
317: Vesting of property or rights subject to security interest
1: An order may be made under section 314 A B
2: Any property or rights that are declared to vest under an order made under section 314 1989 No 157 s 124
318: Proof of vesting
1: A registrar is not obliged solely by reason of section 314 A B
2: If B presents to a registrar or any other person an instrument that meets the requirements of subsection (3), the instrument is, in the absence of evidence to the contrary, sufficient proof that the property that is the subject of the instrument is vested in B.
3: The requirements are that the instrument—
a: is executed or purports to be executed by B; and
b: relates to any property held by A before the date specified in an Order in Council made under section 314
c: contains a statement that the property has become vested in B under that section.
4: Subsection (2) applies whether or not the instrument is or includes an instrument of transfer.
5: In this section, registrar 1989 No 157 s 125 Bank may dispose of business undertaking or property, rights, or liabilities
319: Bank’s disposal power
1: The Bank may do 1 or more of the following in relation to a licensed deposit taker in resolution ( A
a: sell, transfer, or otherwise dispose of the whole or any part of the business undertaking of A:
b: sell, transfer, or otherwise dispose of any property or rights of A:
c: transfer or otherwise dispose of any liabilities of A:
d: transfer any financial products (in respect of which A is the issuer).
2: A sale, transfer, or disposal may be made to any person or persons, and on any terms and conditions, that the Bank thinks fit. Example
Deposit taker A is in resolution. A’s business has 3 main parts: residential property lending, rural lending, and other business lending. The Bank transfers A’s residential property lending business to another deposit taker. The Bank then forms a company B under section 320 The Bank also forms a company C under section 320 1989 No 157 s 132(1)
320: Bank may dispose of business undertaking, etc, to bridge institution or asset management vehicle
1: For the purposes of section 319
a: form and register a body corporate ( B Companies Act 1993
b: subscribe for or acquire all or any of the shares of B:
c: make 1 or more sales, transfers, or dispositions to B under section 319(1)(a) to (c)
d: offer, issue, or sell all or any of the shares in B to any person, credited as fully or partly paid, on the terms and conditions that the Bank thinks fit:
e: sell, transfer, or dispose of the whole or any part of the business undertaking of B to any 1 or more persons on the terms and conditions that the Bank thinks fit.
2: This section does not limit any other powers of the Bank. 1989 No 157 s 132(2)
321: Body corporate is also subject to resolution
1: The body corporate ( B section 320
2: However, subsection (1) does not apply if, before B is formed and registered, the Bank publishes a notice in the Gazette
a: that the Bank intends to form and register a body corporate under section 320
b: B’s proposed name; and
c: that subsection (1) will not apply to B.
3: If subsection (1) applies, the resolution manager of the licensed deposit taker is the resolution manager of B as if that resolution manager had been appointed under section 357
4: Subsection (3) does not prevent the Bank from exercising a power to terminate a resolution manager’s appointment or to replace a resolution manager.
5: If subsection (1) applies, the period of moratorium for B under subpart 5
6: However, the Bank may exercise a power under section 285(2) 1989 No 157 s 123(4)
322: Consents not required under other legislation or agreement, and transactions do not constitute breach
1: The provisions of any legislation or agreement requiring any consent, licence, permission, clearance, or other authority do not apply to any of the following:
a: a sale, transfer, or other disposition under section 319(1)(a) to (c) 320(1)(c) or (e)
b: an offer, issue, sale, transfer, or other disposition of financial products under section 319(1)(d) 320(1)(d) 308
2: A sale, transfer, disposition, offer, or issue referred to in subsection (1) does not constitute a breach or repudiation of any agreement entered into by the licensed deposit taker with any person. 1989 No 157 s 133
323: Bank may sell, transfer, or dispose of property despite security interest
A Bank may exercise a power under section 319 320 1989 No 157 s 134(1)
324: When proceeds of sale of licensed deposit taker’s property must be paid to holder of security interest
1: This section applies if—
a: the Bank sells, transfers, or otherwise disposes of any property under section 319(1)
b: the property is subject to a security interest (other than a security interest of the kind described in section 327
2: The person entitled to the security interest must be paid out of the proceeds of sale, transfer, or other disposition in priority to all other claims other than the Bank’s costs in selling, transferring, or otherwise disposing of the property. 1989 No 157 s 134(2)
325: When property continues to be subject to security interest
If the Bank sells, transfers, or otherwise disposes of any property of the licensed deposit taker to a body corporate formed and registered under section 320(1)(a) 1989 No 157 s 134(3)
326: When proceeds of sale of shares or property of new body corporate must be paid to holder of security interest
1: This section applies if—
a: the Bank sells, transfers, or otherwise disposes of any shares in B, and any property of B is subject to a security interest (other than a security interest of the kind described in section 327
b: the Bank sells, transfers, or otherwise disposes of any property of B, and the property is subject to a security interest (other than a security interest of the kind described in section 327
2: The person entitled to the security interest must be paid out of the proceeds of sale, transfer, or other disposition in priority to all other claims other than the Bank’s costs in selling, transferring, or disposing of the shares or property.
3: In this section, B section 320(1)(a) 1989 No 157 s 134(4), (5)
327: Kind of security interest referred to in various sections
1: The kind of security interest referred to in sections 324 326
a: is over all or any part of the licensed deposit taker’s or body corporate’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
d: is not a security interest referred to in subsection (3).
2: In this section, account receivable inventory new value purchase money security interest security interest Personal Property Securities Act 1999
3: For the purposes of subsection (1)(d), the security interest is a security interest over accounts receivable, inventory, or both to the extent that the security interest secures payment or performance of an obligation under or in relation to a qualifying derivative and—
a: the counterparties to the derivative are—
i: 2 qualifying counterparties; or
ii: a qualifying counterparty and an overseas person; and
b: before the exercise of rights to enforce the security interest, the collateral is delivered, transferred, held, registered, or otherwise designated so as to be in the possession or under the control of—
i: the enforcing counterparty; or
ii: another person (who is not the grantor) on behalf of the enforcing counterparty, under the terms of an arrangement evidenced in writing.
4: Terms and expressions defined in section 62A of the Corporations (Investigation and Management) Act 1989
5: Section 62B of the Corporations (Investigation and Management) Act 1989 section 42(10)(b) 1989 No 157 s 134(3)
328: Proof of transactions
1: Subsection (2) applies if—
a: a person presents to a registrar an instrument transferring or otherwise disposing of any property of a licensed deposit taker or any shares in, or property of, a body corporate formed and registered under section 320(1)(a)
b: the instrument—
i: is executed, or purports to be executed, by or on behalf of the licensed deposit taker or body corporate; and
ii: contains a statement that the transfer or other disposition of the property of the deposit taker, or the shares in, or property of, the body corporate, is made under section 319 320
2: The instrument is, in the absence of evidence to the contrary, sufficient proof that the transfer or other disposition is made under section 319 320
3: If the resolution manager presents to a registrar a certificate signed by or on behalf of the resolution manager that states that the amount secured by a security interest over any property of a licensed deposit taker or a body corporate formed and registered under section 320(1)(a)
4: In this section, registrar 1989 No 157 s 135
329: Provisions applying where liabilities included in sale
1: If all or any part of a liability of a licensed deposit taker ( A section 319
a: A, as from the date of the sale, transfer, or other disposition, is relieved from all its obligations in respect of the liability, or part of it; and
b: the person entitled to performance in respect of the liability may enforce performance of the liability or part of it against the person to whom the sale, transfer, or other disposition is made in the same manner and to the same extent as the person was entitled to enforce performance against A; and
c: the inclusion of part of a liability does not relieve A from any obligation in respect of any part of the liability not included in the sale, transfer, or other disposition.
2: If all or any part of a liability of a body corporate formed and registered under section 314 1989 No 157 s 137 Bank may suspend payment of money owing
330: Bank may suspend payment of money owing
1: The Bank may, in respect of a licensed deposit taker in resolution,—
a: suspend in whole or in part the repayment of any deposit, or the payment of any debt, or the discharge of any obligation, to any person; and
b: cancel the obligation to provide funding to any person.
2: This section applies despite the terms of any agreement.
3: A suspension or cancellation does not constitute a breach or repudiation of any agreement entered into by the deposit taker with any person.
4: This section is subject to sections 331 332 421(1) to (3) 1989 No 157 s 127(1), (2), (5)
331: Bank may not suspend or cancel obligation incurred after deposit taker enters resolution
Section 330 1989 No 157 s 127(3)
332: Bank may not suspend payment of amount included in netted balance
1: Section 330
a: section 310C
b: section 257
c: a designated FMI’s rules.
2: However, section 330 1989 No 157 s 127(4) Regulations may confer additional powers
333: Bank’s or resolution manager’s powers under regulations
1: The Governor-General may, by Order in Council, make regulations conferring on the Bank or the resolution manager ancillary or additional powers necessary or desirable for the purposes of this subpart.
2: Regulations made under this section—
a: are secondary legislation ( see Part 3
b: must be confirmed by an Act ( see subpart 3 1989 No 157 s 152 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. Court may give directions
334: Court may give directions
1: The court may, on an application made by the Bank or the resolution manager, give directions concerning any of the following:
a: the business or property of a licensed deposit taker in resolution:
b: the management or administration of that business or property:
c: the exercise of any powers under this subpart.
2: Every person is bound by the directions.
3: The resolution manager may apply only with the prior approval of the Bank. 1989 No 157 s 142 Relationship between resolution and other legislation and processes
335: Application of certain provisions of Companies Act 1993
1: Sections 275 291A to 301 310G 310I A
a: A were a company in liquidation under that Act; and
b: the resolution manager were A’s liquidator; and
c: the time at which A entered resolution were the time at which the liquidation commenced.
2: Despite subsection (1), the following do not apply in relation to A:
a: sections 120 207P to 209C 214
b: sections 129 291A to 296D
3: The reference in section 275(4) clause 1(1)(a) section 347(1) 1989 No 157 s 139
336: Application of other Acts
1: The following do not apply in relation to a licensed deposit taker in resolution:
a: the Receiverships Act 1993
b: sections 76 91 to 106
2: The Governor-General may, by Order in Council, on the advice of the Minister given in accordance with the recommendation of the Bank, declare that the provisions of any Act that correspond with the provisions referred to in section 335(2)
3: An Order in Council made under subsection (2) is secondary legislation ( see Part 3 1989 No 157 s 153(4), (5), (7), (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 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.
337: Bank, resolution manager, and other persons are not directors under any legislation
For the purposes of this Act, any other legislation, or any other rule of law, the Bank, the resolution manager, or any other person must not be treated as being a director of a licensed deposit taker by reason only of the fact that the Bank, resolution manager, or other person is performing or exercising any functions, powers, or duties under this Part. 1989 No 157 s 153(9)
338: Prior insolvency process must cease
1: If a licensed deposit taker ( A
a: the winding up, liquidation, receivership, or voluntary administration must cease for so long as A continues to be in resolution; and
b: the person appointed as liquidator, receiver, or administrator is discharged.
2: If an Order in Council made under section 282(1)
3: Subsection (2) applies subject to the terms and conditions specified in the order.
4: If the winding up, liquidation, receivership, or voluntary administration revives, the person specified in the order as such becomes, or resumes as, the liquidator, receiver, or administrator of A for the time being. 1989 No 157 s 143
339: Continuation of resolution if restored
1: This section applies if a licensed deposit taker ( A
a: has been removed from the New Zealand register under section 317
b: is restored to the New Zealand register under section 328
2: A continues to be in resolution from the time A is restored.
3: However, subsection (2) does not apply if, before A is restored, the Bank publishes a notice in the Gazette 1989 No 157 s 143A Auditors
340: Appointment of auditors
1: The Bank must appoint 1 or more persons (whether as individuals or as the members of a firm) to be the auditor of a licensed deposit taker in resolution.
2: The person or persons that are appointed must be licensed auditors (within the meaning of section 6(1)
3: An appointment must be for a term of up to 2 years, but a person appointed as auditor continues in office until a successor comes into office.
4: A person appointed as auditor is eligible for reappointment. 1989 No 157 s 154(1)–(3)
341: Existing auditor ceases to hold office
A person holding office as auditor of a licensed deposit taker at the time that it enters resolution ceases to hold that office but may be appointed under section 340 1989 No 157 s 154(7)
342: Bank may remove auditor from office
1: The Bank may, at any time for just cause, remove an auditor from office.
2: In this section, just cause
a: inability to perform the functions of the office:
b: bankruptcy:
c: neglect of duty:
d: misconduct.
3: The removal must be made by written notice to the auditor.
4: The notice must—
a: state the date on which the removal takes effect, which must not be earlier than the date on which the notice is given; and
b: be published in the Gazette 1989 No 157 s 154(4), (8)
343: Auditor’s fees
An auditor must be paid the fees that are fixed by the Bank. 1989 No 157 s 154(5)
344: Auditor’s rights
1: An auditor has a right of access at all times to the information of the licensed deposit taker.
2: The auditor is entitled to require from the licensed deposit taker’s directors and employees the information and explanations that the auditor thinks necessary for the performance of the auditor's duties. 1989 No 157 s 154(6) Offences
345: Offence to remove property
1: A person must not, without the resolution manager’s consent, transfer or remove from New Zealand any property of a licensed deposit taker that is in resolution.
2: A person commits an offence if the person—
a: contravenes subsection (1); and
b: knows that, or is reckless as to whether, it must obtain the resolution manager’s consent.
3: A person that 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 $500,000 (or both):
b: in any other case, to a fine not exceeding $5,000,000.
4: This section does not prevent a court from issuing an injunction or making any order to prevent any property from being removed from New Zealand.
5: Subsection (1) is subject to section 421(1) to (3) 1989 No 157 s 126
346: Offence to destroy, alter, or conceal records
1: A person commits an offence against this Act if,—
a: with intent to defeat the purposes of this Part, they destroy, alter, or conceal any information of, or relating to, a licensed deposit taker in resolution; or
b: without reasonable excuse, they fail or refuse to answer, to the best of their knowledge and ability, any question that they are asked by or on behalf of the Bank or the resolution manager in relation to any such information or any property; or
c: they wilfully give a false or misleading answer to that question.
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 1 year or to a fine not exceeding $100,000 (or both):
b: in any other case, to a fine not exceeding $2,500,000.
3: If, in any prosecution for an offence under this section, it is proved that the person charged with the offence destroyed, altered, or concealed any information of the kind referred to in subsection (1), it must be presumed, in the absence of evidence to the contrary, that the person did so with intent to defeat the purposes of this Part. 1989 No 157 s 151 Expenses
347: Expenses of resolution
1: All costs, charges, and expenses properly incurred by the Bank or the resolution manager in the performance or exercise of the Bank’s or the resolution manager’s functions, duties, and powers under this subpart and subparts 4 5 7 8
a: the licensed deposit taker:
b: a subsidiary or other associated person that is in resolution:
c: a body corporate formed and registered under section 314 320
2: The Bank or the resolution manager (as the case may be) may apportion the costs, charges, and expenses between those persons in the manner that the Bank or the resolution manager thinks fit. 1989 No 157 s 148 Subsidiaries
348: Rules relating to subsidiaries do not apply
1: Nothing in subpart 8 subparts 4 5 7 8
2: No body corporate formed and registered in accordance with this subpart is a subsidiary of the Bank under the Reserve Bank of New Zealand Act 2021
7: Minister may give directions
349: When this subpart applies
1: This subpart applies if—
a: either or both of the following apply:
i: the Bank proposes to exercise a power under this Part in a particular manner in relation to a licensed deposit taker ( A
ii: the Minister considers that the Bank should exercise a power under this Part in a particular manner in relation to A; and
b: public money is involved in the resolution; and
c: the Minister is satisfied that,—
i: in the case of paragraph (a)(i), the exercise of the power in the manner referred to in that subparagraph would present a material risk to the prudent management of public money:
ii: in the case of paragraph (a)(ii), the exercise of the power in the manner referred to in that subparagraph would reduce a material risk to the prudent management of public money.
2: In this subpart, public money is involved
a: incurred expenses or capital expenditure or made a capital injection:
b: given a guarantee or an indemnity:
c: incurred a liability or made a commitment. Example
Public money is involved in relation to a Crown guarantee or indemnity, a Crown loan, or a Crown acquisition of A’s shares.
3: However, public money is not involved in a resolution merely because—
a: the Bank uses its own financial resources in the resolution; or
b: money is applied under subpart 5
c: grants or advances are made under subpart 8
d: compensation is paid under subpart 9
350: Minister may direct Bank relating to exercise of resolution power
The Minister may direct the Bank to do 1 or more of the following:
a: not exercise a power in the manner referred to in section 349(1)(a)(i)
b: exercise a power in the manner referred to in section 349(1)(a)(i)
c: exercise a power in the manner referred to in section 349(1)(a)(ii)
d: exercise a power in the manner referred to in section 349(1)(a)(ii)
e: have regard to the matters specified in the direction before exercising a power:
f: take any other action that is specified in the direction to avoid or minimise, or otherwise manage, the risk referred to in section 349(1)(c)
351: Procedural requirements
1: The Minister may give a direction under this subpart only if the Minister is satisfied that—
a: giving the direction is necessary or desirable for the purpose of avoiding or minimising, or otherwise managing, the risk referred to in section 349(1)(c)
b: giving the direction is the most appropriate way of avoiding or minimising, or otherwise managing, the risk; and
c: the direction is not inconsistent with any of the purposes in section 259(1)(a), (b), and (c)
d: the extent of the direction is not broader than is reasonably necessary to address the matters that gave rise to the direction.
2: This section does not limit section 174
8: Resolution manager
Key duties
352: Resolution manager must act to further purposes of this Part
A resolution manager must perform or exercise their functions, powers, and duties efficiently and effectively in a way that furthers the purposes set out in section 259
353: Resolution manager must comply with directions of Bank
A resolution manager must comply with any directions given in writing by the Bank relating to the manager’s performance or exercise of any functions, powers, or duties. 1989 No 157 s 120
354: Resolution manager must consult and have regard to Bank advice
A resolution manager must, when performing or exercising any functions, powers, or duties,—
a: consult the Bank to the extent required by the Bank; and
b: have regard to the Bank’s advice.
355: Resolution manager must regularly report as required by Bank
A resolution manager must, in the manner specified by the Bank, provide the reports that the Bank may require about the state of the affairs, business, and resolution of the licensed deposit taker in resolution.
356: Resolution manager must report annually on conduct of resolution
A resolution manager must, within 4 months after the balance date of a licensed deposit taker ( A
a: prepare a report on the conduct of the resolution of A and of its associated persons during the accounting period ending on that date; and
b: lodge the report with the Registrar of Financial Service Providers together with the documents that are lodged under section 461H
c: give the Bank a copy of those documents. Appointment of resolution manager
357: Bank may appoint resolution manager
1: The Bank may appoint 1 or more persons as resolution managers.
2: The Bank makes an appointment by—
a: giving notice of the appointment to the person who is appointed; and
b: publishing the notice in the Gazette
3: The notice must state the date on which, and time at which, the appointment takes effect.
4: A resolution manager must be an employee of the Bank or any other person that the Bank is satisfied is suitably qualified.
5: Nothing in this subpart prevents the Bank from appointing a person as resolution manager to replace another resolution manager whose term of appointment has expired or who has had their appointment terminated, has resigned, or has died.
358: Bank may appoint itself as resolution manager
The Bank may appoint itself as the resolution manager (or one of the resolution managers) under section 357
359: Bank holds office as resolution manager if no other person holds office
1: If a licensed deposit taker ( A
2: This section does not limit the Bank’s powers under section 357
360: How this Part applies if Bank holds office as resolution manager
1: If the Bank holds office as resolution manager,—
a: the duty for the resolution manager to report to, obtain the consent of, or consult the Bank does not apply; and
b: the duty on the Bank (as resolution authority) to supervise the resolution manager does not apply; and
c: this Part applies with all other necessary modifications.
2: If another person also holds office as resolution manager, the duties referred to in subsection (1)(a) and (b) continue to apply in relation to that person.
361: How 2 or more resolution managers may act
1: If 2 or more persons hold office as resolution manager, a notice under section 357
2: This section applies whether or not the functions, powers, or duties are performed or exercised under a delegation under section 74
362: Bank may terminate appointment of resolution manager
1: The Bank may, at any time and for any reason, terminate the appointment of a resolution manager.
2: The termination must be made by written notice to the resolution manager.
3: The notice must—
a: state the date on which the termination takes effect, which must not be earlier than the date on which the notice is given; and
b: be published in the Gazette
4: If the person holds office as resolution manager for 2 or more persons, the Bank may terminate the appointment in respect of all or any of those persons. 1989 No 157 s 141(1)
363: Resolution manager may resign
A resolution manager may resign office by notice in writing to the Bank. 1989 No 157 s 141(2)
364: Bank may appoint replacement
If the appointment of a resolution manager is terminated under section 362 section 357 1989 No 157 s 141(3), (3A)
365: Resolution manager continues in office
1: A resolution manager ( A
a: their resignation; or
b: the expiry of their period of appointment.
2: Subsection (1) does not apply if the Bank informs A by written notice that no successor is to be appointed at that time. 1989 No 157 s 141(4)
366: Licensed deposit taker continues to be in resolution
A licensed deposit taker continues to be in resolution even though the term of office of a resolution manager who is acting in relation to the resolution has expired or the resolution manager—
a: has had their appointment terminated; or
b: has resigned from office; or
c: has died; or
d: has ceased to hold office because of the expiry of their period of appointment; or
e: has otherwise ceased to hold office. 1989 No 157 s 141(5)
9: No creditor or shareholder worse off
367: Interpretation in this subpart
In this subpart,— affected entity
a: means a licensed deposit taker, or an associated person of a licensed deposit taker, that is or has been in resolution; but
b: does not include—
i: an overseas licensed deposit taker; or
ii: an associated person of a licensed deposit taker that is an overseas person creditor section 227 pre-resolution creditor pre-resolution shareholder
a: in relation to an affected entity that is a company within the meaning of the Companies Act 1993 section 96
b: in relation to an affected entity that is a building society, means a person who was a member of the affected entity (within the meaning of section 2
c: in relation to an affected entity that is a credit union, means a person who was a member of the affected entity (within the meaning of the Friendly Societies and Credit Unions Act 1982
d: in relation to an affected entity that is not a company, a building society, or a credit union, means a person who was of a kind prescribed by the regulations immediately before the affected entity entered into resolution valuer section 369
368: Eligibility for compensation under this subpart
1: A pre-resolution creditor or pre-resolution shareholder of an affected entity is eligible for a payment of compensation under this subpart if subsection (2) applies.
2: This subsection applies if the creditor or shareholder has received, is receiving, or is likely to receive, as a result of the resolution of the entity, less favourable treatment than would have been the case had a liquidation of the entity under New Zealand law commenced immediately before the entity entered into resolution.
3: The amount of compensation is the amount calculated under sections 373 to 376 Valuer’s role
369: Minister must appoint valuer
1: The Minister must, as soon as is reasonably practicable after an affected entity enters into resolution, appoint 1 or more individuals as valuer in relation to the entity for the purposes of this subpart.
2: The Minister makes an appointment by giving notice of the appointment to the appointee.
3: The notice must state the date on which, and time at which, the appointment takes effect.
4: The Minister may appoint the same person or different persons as the valuer for a licensed deposit taker and any of its associated persons.
5: Nothing in this subpart prevents the Minister from appointing a person as valuer to replace another valuer who has had their appointment terminated, has resigned, or has died.
6: See also sections 395 to 397
370: Functions of valuer
The functions of a valuer are to—
a: make a valuation in relation to an affected entity; and
b: decide whether any pre-resolution creditor or pre-resolution shareholder is eligible for a payment of compensation under this subpart and, if so, the amount of that compensation.
371: Valuer must act in manner prescribed by regulations
1: A valuer must perform or exercise the valuer’s functions, powers, and duties in the manner prescribed by the regulations.
2: The regulations may, in particular, require a valuer to do 1 or more of the following:
a: to apply, or not to apply, specified methods of valuation:
b: to apply specified principles:
c: to assess values or average values at specified dates or over specified periods:
d: to take specified matters into account in a specified manner:
e: to disregard specified matters:
f: not to take specified matters into account.
3: The regulations may also require or permit a valuer to make assumptions.
4: The regulations may prescribe—
a: the manner in which the Bank, pre-resolution creditors, pre-resolution shareholders, or other persons may or must give information, or submit claims, to the valuer; and
b: the manner in which the valuer must or may deal with the information and those claims.
5: Subsections (2) to (4) do not limit subsection (1).
372: Valuer must prepare list of pre-resolution creditors and shareholders
A valuer must prepare a list of every known pre-resolution creditor or pre-resolution shareholder of the affected entity and, if known, each creditor’s or shareholder’s address for communications (which may be an electronic address). How valuer must determine compensation
373: Valuer must determine compensation by reference to difference between liquidation value and resolution value
1: A valuer must assess— Liquidation value
a: what each pre-resolution creditor or pre-resolution shareholder (or class of those persons) would have been likely to receive if a liquidation of the affected entity under New Zealand law had commenced immediately before it entered into resolution; and Resolution value
b: what each pre-resolution creditor or pre-resolution shareholder (or class of those persons) has received, is receiving, or is likely to receive as a result of the resolution.
2: If the valuer considers that, in relation to a pre-resolution creditor or pre-resolution shareholder (or class of those persons), the resolution value is less favourable than the liquidation value, the valuer must determine the compensation payable to the pre-resolution creditor or pre-resolution shareholder (or class).
3: The valuer must determine the amount of compensation payable by reference to the difference in treatment assessed under subsection (2) and on the basis of the fair and equitable value of that difference in treatment.
4: The valuer’s assessment under subsection (1) must not take into account any debt owing by the affected entity to a pre-resolution creditor or pre-resolution shareholder if the debt was incurred by the affected entity after it entered resolution.
5: In this subpart,— liquidation value resolution value
6: This section does not limit section 371
374: Liquidation value
1: The following apply to a valuer’s assessment of the liquidation value:
a: the valuer must assume that the Bank and the Crown do not, directly or indirectly, provide any financial support or assistance in connection with the liquidation:
b: the valuer must discount the liquidation value back to the time that the affected entity entered into resolution.
2: This section does not limit section 371
375: Resolution value
1: The valuer must, when assessing the resolution value, discount the resolution value back to the time that the affected entity entered into resolution.
2: This section does not limit section 371
376: Discount rate
For the purpose of sections 374(1)(b) 375
a: a discount rate that—
i: is set out in, or determined in accordance with, the regulations; or
ii: if subparagraph (i) does not apply, is determined by the valuer (on the basis of assumptions referred to in paragraph (b)); and
b: any assumptions determined by the valuer that—
i: are not inconsistent with any assumptions prescribed by the regulations; and
ii: are fair and reasonable in the circumstances. Valuer’s report
377: Valuer’s draft report
1: After acting under sections 371 to 376
a: the valuer’s decision on—
i: whether each pre-resolution creditor or pre-resolution shareholder of the affected entity (or each class of those persons) is eligible for compensation under this subpart; and
ii: the amount of compensation to be paid to each pre-resolution creditor or pre-resolution shareholder (or each class of those persons); and
b: a description of the methods, principles, and assumptions that the valuer has applied, and how they have been applied, in sufficient detail to enable the Minister and the Bank to make an informed assessment of the draft report and the valuer’s decision; and
c: the information (if any) that is prescribed by the regulations.
2: The valuer may set out an amount of compensation by specifying the manner in which the amount must be calculated.
378: Valuer must give draft report to Minister and Bank
The valuer must provide the draft report to the Minister and the Bank as soon as is reasonably practicable after it is prepared.
379: Minister or Bank may require valuer to reconsider
1: This section applies if, after receiving the draft report, the Minister or the Bank is of the view that—
a: the valuer’s decision has not been made in accordance with sections 371 to 376
b: the valuation report was not prepared in accordance with section 377
c: the valuer should have had regard to any additional information not taken into account in the draft report.
2: The Minister or the Bank (or both) may, by notice, require the valuer to reconsider the draft report or any aspect of the draft report in the manner that the Minister or the Bank specifies in the notice.
380: Valuer must finalise and publish report
1: If a notice is given under section 379
a: reconsider the draft report or any aspect of the draft report in the manner specified in the notice; and
b: finalise the report; and
c: provide the finalised report to the Minister and the Bank.
2: If no notice is given under section 379 section 378
a: finalise the report; and
b: provide the finalised report to the Minister and the Bank.
3: The Bank must publish the report on its Internet site.
4: The regulations may require or permit the Bank to redact information from the copy of the report that is published (for example, to protect privacy, confidentiality, or commercially sensitive information).
5: The Bank may also redact from the copy of the report that is published any information if the Bank considers there would be a good reason for withholding the information under the Official Information Act 1982 Compensation notice and payments
381: Valuer must send compensation notice
1: The valuer must, within 20 working days after the copy of the finalised report is published, send to each pre-resolution creditor and each pre-resolution shareholder a notice (a compensation notice
2: A compensation notice sent to a pre-resolution creditor or pre-resolution shareholder ( A
a: the valuer’s decision on—
i: whether A is eligible for compensation; and
ii: the amount of compensation payable to A (if any); and
b: if compensation is payable to A, information from the Bank about how the compensation will be paid, including information about anything A must do before the compensation is paid (for example, a requirement to give to the Bank A’s account details); and
c: a brief description of A’s appeal rights under section 391
d: all other information that is prescribed by the regulations (if any).
382: Bank must make available public information if compensation notice cannot be sent
1: Section 381
2: If subsection (1) is relied on, the Bank must instead make the information that is prescribed by the regulations available to the public in the manner prescribed by those regulations.
383: Bank must manage and administer payments of compensation
The Bank must manage and administer payments of compensation under this subpart.
384: Bank must pay in accordance with regulations
1: This section applies if—
a: the valuer has sent a compensation notice to a person ( A
b: either—
i: no appeal has been brought under section 391 section 392
ii: such an appeal has been brought, and it has been determined by, or under, an order of the court that A is eligible for compensation of a particular amount.
2: The Bank must pay the compensation to, or on account of, A—
a: in the manner prescribed by the regulations; and
b: otherwise in the manner that the Bank thinks fit.
3: The amount of compensation is—
a: the amount determined by the valuer (unless paragraph (b) applies); or
b: the amount determined by, or under, an order of the court.
4: The Bank’s power to decide the manner in which compensation is paid includes deciding to pay it to a person to hold on behalf of A (whether or not on trust).
385: Crown must provide money necessary to pay compensation
1: This section applies if the maximum amount payable under subpart 5
2: The Minister must provide to the Bank out of public money, without further appropriation than this section, the money that is necessary to meet the deficiency.
386: Transfer of entitlement by assignment or operation of law
1: This section applies if—
a: a person ( A
i: a pre-resolution creditor who has or may have an entitlement to compensation under this subpart in respect of a debt owing by the affected entity; or
ii: a pre-resolution shareholder who has or may have an entitlement to compensation under this subpart in respect of shares issued by the affected entity; and
b: the debt or the shares are transferred by assignment or by operation of law to a person ( B
c: the transfer occurs before the compensation is paid; and
d: the Bank has been given notice of the transfer in the prescribed manner before the compensation is paid.
2: If this section applies,—
a: A’s entitlement (if any) to compensation under this subpart in respect of the transferred debt or shares is transferred to B; and
b: B must be treated as being a pre-resolution creditor or shareholder to the extent that A’s entitlement has been transferred.
3: However, this section does not apply—
a: if an agreement between A and B provides otherwise; or
b: in the circumstances prescribed by the regulations. Valuer’s information-gathering power
387: Valuer may require person to supply information for purposes of this subpart
1: If the valuer considers it necessary or desirable for the purposes of performing or exercising the valuer’s functions, powers, or duties under this subpart, the valuer may, by notice to any relevant person, require the person to do 1 or more of the following:
a: give to the valuer any information, or class of information, that is specified in the notice:
b: produce for inspection any documents, or class of documents, that is specified in the notice:
c: if necessary, reproduce, or assist in reproducing, in usable form, information recorded or stored in those documents.
2: In this section, relevant person
a: the Bank:
b: the affected entity, any associated person of the affected entity, or any creditor or shareholder of the affected entity:
c: any financial service provider.
3: The relevant person must comply with a requirement under subsection (1) within the period, and otherwise in the manner, that is specified in the notice.
4: The valuer may take copies of any documents produced for inspection under subsection (1).
388: Offence to fail to supply information
1: A person referred to in section 387(2)(b) or (c)
2: A person who commits an offence against subsection (1) is liable on conviction to,—
a: in the case of an individual, a fine not exceeding $50,000:
b: in any other case, a fine not exceeding $500,000.
389: Person required to give information has same privileges as witnesses in court
A person who is required to give information under this subpart has the same privileges in relation to that duty as witnesses have in a proceeding before a court.
390: Use of information and confidentiality
1: A valuer who, in their capacity as valuer, has information that would not otherwise be available to them must not make use of or act on the information, except—
a: for the purposes of performing or exercising the valuer’s functions, powers, and duties; or
b: as required by law.
2: Subpart 3
a: as if references to the Bank were references to the valuer; and
b: with all other necessary modifications.
3: A valuer commits an offence if they intentionally or recklessly—
a: contravene subsection (1); or
b: disclose information in contravention of section 442
4: A valuer who commits an offence against subsection (3) is liable on conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $100,000 (or both). Appeals
391: Appeal against valuer’s decision on question of law
1: If the Minister or the Bank considers (or both consider) that any of the following decisions of a valuer is wrong in law, the Minister or the Bank (or both) may appeal to the court against the decision on a question of law only:
a: a decision on whether a person, a class of persons, or persons generally are eligible for compensation:
b: a decision on the amount of compensation to be paid to all or any of those persons.
2: If a person ( A
a: a decision on whether A is eligible for compensation:
b: a decision on the amount of compensation to be paid to A.
392: Time for bringing appeal
An appeal must be brought within 3 months after the date on which the finalised report is first published under section 380
393: Appeals to Court of Appeal
1: A party to an appeal under section 391
2: The Court of Appeal hearing an appeal under this section has the same power to adjudicate on the appeal as the High Court had.
394: No limit on judicial review
Nothing in this subpart limits or affects the Judicial Review Procedure Act 2016 Appointment of valuer
395: Who may be appointed as valuer
1: A person may be appointed as valuer in relation to an affected entity ( A
a: the Minister is satisfied that the person—
i: has the knowledge, skills, and experience that are prescribed by the regulations; and
ii: meets the independence requirements; and
b: the person is not disqualified under subsection (3).
2: The independence requirements
a: a requirement that the person has not, within the 2 years immediately before A enters into resolution, been any of the following:
i: a member of the board of the Bank:
ii: a member of the monetary policy committee:
iii: an employee of the Bank or of a subsidiary of the Bank:
b: the requirements about independence from the Bank that are prescribed by the regulations.
3: The following persons are disqualified from being appointed or acting as valuer in relation to A:
a: a person who has, within the 2 years immediately before A enters into resolution, been a director, an auditor, or a receiver of A or of an associated person:
b: a person who has, or whose firm has, within the 2 years immediately before A enters into resolution,—
i: provided professional services to A; or
ii: had a continuing business relationship with A, its majority shareholder, or any of its directors, or with any of A’s shareholders that (under its constitution or any other agreement) have a power to appoint or remove a director of A:
c: a person of any class that is prescribed by the regulations.
4: A person is not disqualified under subsection (3)(b)—
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, A or a creditor or other party that has an actual or potential financial interest in A; and
ii: to investigate or to advise on the solvency of A or to monitor the affairs of A; or
b: if the Minister consents to the appointment of the person.
5: The Minister must, before giving their consent under subsection (4)(b), be satisfied that the provision of the professional services, or the continuing business relationship, will not have a materially adverse effect on the person’s ability to perform or exercise their functions, powers, or duties.
396: Application of this subpart to joint valuers
If a notice or notices under section 369
397: Appointment notice must be published
1: The Minister must publish the notice of appointment of a valuer in the Gazette
2: The Bank must publish the notice of appointment on the Bank’s Internet site.
398: Minister may terminate appointment of valuer
1: The Minister may, at any time for just cause and after consulting the Bank, terminate the appointment of a valuer.
2: In this section, just cause
a: inability to perform the functions of the office:
b: bankruptcy:
c: neglect of duty:
d: being disqualified for appointment under section 395
e: serious misconduct.
3: The termination must be made by giving written notice to the valuer.
4: The notice must—
a: state the date on which the termination takes effect, which must not be earlier than the date on which the notice is given; and
b: be published in the Gazette 1989 No 157 s 141
399: Valuer may resign
A valuer may resign office by giving written notice to the Minister. 1989 No 157 s 141(2)
400: Valuer continues in office
1: A valuer ( A
2: Subsection (1) does not apply if the Minister informs A by written notice that no successor is to be appointed at that time.
401: Valuer’s costs, charges, and expenses
The Minister may pay to a valuer ( A
402: Valuer’s duties in relation to records
1: A valuer must—
a: keep records and other documents relating to the performance or exercise of their functions, powers, or duties; and
b: permit those records and other documents to be inspected by—
i: the Bank; and
ii: if the court so orders, a pre-resolution creditor or shareholder; and
c: keep the records and other documents for not less than 7 years after the end date (or any longer period specified in a notice referred to in subsection (2)).
2: The Bank may, by notice given to the valuer before or after the end of the resolution, require any records and documents to be retained for longer than 7 years after the end date.
3: A valuer who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $50,000.
4: The end date
a: the date of the valuer’s finalised report under section 380
b: the date on which the valuer ceases to hold office under this subpart.
10: Covered bonds
Interpretation relating to covered bonds
403: Interpretation
In this subpart, unless the context otherwise requires,— cover pool
a: is owned by the relevant covered bond SPV; and
b: secures the obligations of that SPV under the covered bond programme cover pool monitor section 419(1) covered bond
a: it represents an unsecured obligation of the issuer; and
b: the principal and interest owing under the bond, note, or other debt security are guaranteed by a covered bond SPV; and
c: the obligations under that guarantee are secured by property that is owned by that SPV covered bond programme covered bond SPV section 404 issuer section 405 own registered covered bond programme section 412 1989 No 157 s 139A
404: Meaning of covered bond SPV
In this subpart, covered bond SPV
a: is, or will be, the owner of property that has been, or will be, sold, assigned, or otherwise transferred to it by, or on behalf of, an issuer or an associated person of an issuer; and
b: has granted, or may grant, a security interest in the property for the benefit of the secured creditors under the covered bond programme; and
c: carries on a business of acting as covered bond guarantor under the covered bond programme (including any business incidental to that purpose); and
d: (other than as described in paragraph (c)) does not carry on any other kind of business. 1989 No 157 s 139B
405: Meaning of issuer
1: For the purposes of this subpart, issuer
a: means—
i: a licensed deposit taker that issues or intends to issue covered bonds, or guarantees covered bonds:
ii: an entity, or a member of a class of entities, specified in the regulations that issues or intends to issue covered bonds, or guarantees such covered bonds; and
b: includes a deposit taker referred to in paragraph (a)(i) that—
i: has had its licence cancelled under subpart 6
ii: has a registered covered bond programme.
2: However, if an issuer ( issuer A issuer B
3: Subsection (2) does not affect the rights or obligations of issuer A before the transfer. 1989 No 157 s 139C Main duties of issuer
406: Issuer may issue covered bond only under registered programme
1: An issuer must not issue, or permit the issue of, a covered bond other than under a registered covered bond programme.
2: An issuer that contravenes subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $100,000:
b: in any other case, to a fine not exceeding $2,500,000. 1989 No 157 s 139E(4) Registration of covered bond programmes
407: Register of registered covered bond programmes
1: The Bank must keep a public register of registered covered bond programmes.
2: The Bank—
a: must determine the form and content of the register and may amend that form and content as it considers necessary; and
b: may, based on the property in, or that may be included in, the relevant cover pool, designate registered covered bond programmes to particular classes of registered covered bond programmes, as specified by the Bank.
3: The Bank must take all reasonable steps to ensure that the information contained in the public register is available to members of the public at all reasonable times. 1989 No 157 s 139D(1)–(3)
408: When programme must remain or be removed from register
1: A registered covered bond programme must remain on the register despite—
a: any defects in the registration process; or
b: any failure by an issuer to comply with section 416
2: However, the Bank may remove a registered covered bond programme from the register—
a: if—
i: all obligations under that programme have been fulfilled; or
ii: the security interest over the cover pool has been enforced; or
iii: the issuer has requested the removal; and
b: if, in all cases, the Bank has received evidence, acceptable to the Bank, that both the relevant bond trustee and security trustee consent to the removal. 1989 No 157 s 139D(4), (5)
409: Other matters relating to registration
1: Registration occurs at the time and date that the Bank enters the details relating to the covered bond programme on the register.
2: A defect in the registration process of a covered bond programme does not affect a person's ability to enforce their rights in relation to the programme or any covered bond issued under the programme.
3: The failure of an issuer to register a covered bond programme or to comply with any requirement under section 416 1989 No 157 s 139D(6)
410: Application for registration of covered bond programme
1: Only an issuer may apply to the Bank to register a covered bond programme.
2: An application must be made in the manner specified by the Bank. 1989 No 157 s 139E(1), (2)
411: Determination of application for registration of covered bond programme
1: The Bank must not register a covered bond programme unless it is satisfied that the requirements set out in subsection (2) are met.
2: The requirements are as follows:
a: that the cover pool property is, or will be, owned by an identified covered bond SPV that—
i: is a company (within the meaning given in section 2(1)
ii: is a person or partnership specified in the regulations; or
iii: is a member of a class of persons or partnerships specified in the regulations; and
b: that a cover pool monitor has been appointed; and
c: that a register of cover pool property will be maintained; and
d: that the covered bond programme specifies, or refers to documents that specify, procedures and internal controls that ensure—
i: the up-to-date and accurate keeping of the register; and
ii: that the property in the cover pool remains consistent with any class designation under section 407(2)(b)
e: that the covered bond programme specifies a test, or tests, to determine, in accordance with any procedures specified in the programme, whether the value of the cover pool property is at least equal to the principal amount outstanding on the covered bonds; and
f: that the covered bond programme provides for the covered bond SPV to perform, or arrange to have performed on its behalf, the requirements of section 416(1)(a) and (b)(i)
i: in the event that any amounts become due and payable by the covered bond SPV under the covered bond programme; and
ii: until the security interest over the cover pool property has been enforced; and
g: that the issuer is in compliance with all other requirements imposed in relation to covered bonds by, or under, all applicable standards. 1989 No 157 s 139F
412: Bank must approve or decline application
1: Having considered an application made under section 410(2)
2: If the Bank is satisfied that an issuer meets the requirements of section 411(2)
3: Otherwise, the Bank must decline the application. 1989 No 157 s 139G(1)–(3)
413: Bank must give notice of approval
If the Bank approves the application, it must give notice of its decision to the issuer within 60 working days after receiving all of the information required by the Bank to determine the application. 1989 No 157 s 139G(4)
414: Bank must give notice of proposal to decline application
If the Bank proposes to decline the application, the Bank must, within 60 working days after receiving all of the information required to determine the application,—
a: give the issuer notice of the proposed decision and the reasons for it; and
b: invite the issuer to provide, within 10 working days after the date of the notice, submissions or further information in response to the proposed decision; and
c: have regard to any submissions and further information it receives from the issuer; and
d: give notice of its final decision to the issuer within 5 working days after the period specified in paragraph (b) (whether or not the Bank receives any submissions or further information). 1989 No 157 s 139G(5)
415: Bank and issuer may agree to modify time limits
The Bank and the issuer may agree to modify the time limits specified in sections 413 414 1989 No 157 s 139G(6) Ongoing duties of issuer
416: Requirements relating to registered covered bond programmes
1: Every issuer must, in relation to a registered covered bond programme,—
a: ensure that the test or tests specified in section 411(2)(e)
b: ensure that—
i: a register of cover pool property is maintained; and
ii: the issuer complies with the procedures and internal controls referred to in section 411(2)(d)
c: notify the Bank—
i: of every covered bond issued; and
ii: of any material changes to the registered covered bond programme that would be likely to result in the registered covered bond programme failing to comply with the requirements of section 411(2)
iii: if the covered bond programme or the cover pool no longer complies with any class designation under section 407(2)(b)
d: provide the Bank with any further information it requests in relation to the covered bond programme; and
e: ensure that—
i: the registered covered bond programme complies with the requirements of section 411(2)
ii: the reports referred to in section 420(b)
iii: the Bank is provided with a copy of every report prepared by the cover pool monitor in accordance with section 420(c) and (d)
iv: if requested by the Bank, the Bank is provided with a copy of any other report prepared by the cover pool monitor in accordance with section 420(b)
2: However, if any amounts become due and payable by the covered bond SPV under the covered bond programme,—
a: the issuer is not required to comply with subsection (1); and
b: the covered bond SPV must provide the Bank with any information it requests in relation to the covered bond programme. 1989 No 157 s 139H(1),(2)
417: Bank may require corrective action
If an issuer fails to comply with any of the requirements of section 416(1) 1989 No 157 s 139H(3)
418: Offence to fail to take corrective action
1: An issuer commits an offence if the issuer, without reasonable excuse, fails to comply with a notice issued under section 417
2: An issuer that commits an offence against this section is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $100,000:
b: in any other case, to a fine not exceeding $2,500,000. Cover pool monitor
419: Cover pool monitor
1: A cover pool monitor
a: be independent of the issuer; and
b: be 1 or more of the following:
i: a licensed auditor under the Auditor Regulation Act 2011
ii: a registered audit firm under the Auditor Regulation Act 2011
iii: a member of any other class of persons or firms that has been approved by the Bank; and
c: be required, under its contract of appointment, to do the things specified in section 420
2: For the purposes of this section, independent
3: However, a person’s appointment as auditor does not affect their independence. 1989 No 157 s 139I(1), (3), (4)
420: Cover pool monitor must perform certain services under contract
A cover pool monitor must be required to do the following under the contract of appointment:
a: assess, at a given point in time, and in accordance with any agreed procedures specified in the covered bond programme,—
i: the arithmetical accuracy of the tests carried out in accordance with section 416(1)(a)
ii: the issuer's compliance with the requirements of section 416(1)(b)
b: provide the issuer with reports on the matters required under paragraph (a) at intervals of not more than 12 months; and
c: provide reports at intervals of not more than 3 months if the cover pool monitor is not satisfied—
i: as to the arithmetical accuracy of the tests carried out in accordance with section 416(1)(a)
ii: that the issuer has complied with the requirements of section 416(1)(b)
d: if paragraph (c) applies, continue to provide 3-monthly reports until the cover pool monitor is satisfied that the issuer has remedied those matters; and
e: report on all other matters required by the regulations (if any). 1989 No 157 s 139I(1)(c) Resolution or statutory management, etc, of issuer
421: Limitation on application of resolution, statutory management, etc, provisions to covered bond SPV
1: Subsections (2) and (3) apply in relation to the following provisions:
a: sections 284(1) 287 303 330(1) 345(1)
b: section 248
c: sections 42(1) 43(1) 44(1) 45(2)
2: Nothing in a provision referred to in subsection (1)—
a: prevents the transfer of the legal title to property in a cover pool from an issuer to a covered bond SPV:
b: prevents the transfer, under a contract, of any documentation or data relating to property in a cover pool from the issuer to a covered bond SPV or a person acting on behalf of that SPV:
c: prevents a covered bond SPV, or a person acting on behalf of that SPV, from exercising a power of attorney granted by the issuer in relation to property in a cover pool:
d: affects the issuer’s obligation to pay money collected on behalf of, and held on trust for, a covered bond SPV, to that SPV:
e: prevents the enforcement of any of the above rights by, or on behalf of, a covered bond SPV.
3: However, subsection (2) applies only if—
a: the covered bond SPV is the owner of the property in the cover pool; and
b: the covered bond programme is registered under section 412
4: A covered bond SPV is not—
a: an associated person for the purposes of section 38(1)(a) section 170(1)(b)
b: an associate of a person for the purposes of section 95(1)(b)
c: a subsidiary for the purposes of section 38(2) section 95(2) section 170(2)
d: a related company for the purposes of section 271 1989 No 157 s 139J
11: Bank may apply to put deposit takers and associated persons into liquidation
422: Liquidation of licensed deposit takers and associated persons
1: This section applies to a person ( A
a: A is a licensed deposit taker (whether or not it is in resolution); or
b: A—
i: is an associated person of a licensed deposit taker; and
ii: is in resolution; and
iii: is not itself a licensed deposit taker.
2: The Bank or a resolution manager may apply to the court under the Companies Act 1993
3: Subsection (2) applies whether A is a company, an association, or an overseas company.
4: A resolution manager may apply only with the prior approval of the Bank.
5: An application under this section must be treated as if it were an application under section 241(2)(c) section 342
6: This section does not limit or affect any other legislation that provides for the winding up, liquidation, or dissolution of a body corporate or a class of body corporate. 1989 No 157 s 136
423: When court may appoint liquidator
1: The court may, on an application under section 422
a: A is unable to pay its debts (and, for that purpose, section 287
b: A has persistently or seriously contravened any prudential obligation; or
c: it is just and equitable that the deposit taker be put into liquidation.
2: In the case of an application under section 422 section 241(4)
12: Miscellaneous
424: Licensed deposit taker not entitled to be informed about exercise of powers under this Part
None of the following have a right to be consulted or informed about the exercise, or possible exercise, of any powers conferred by this Part or to make representations to any person about the exercise, or possible exercise, of those powers:
a: a licensed deposit taker, an associated person, or a subsidiary:
b: a director or an employee of a person referred to in paragraph (a). 1989 No 157 s 147
8: Miscellaneous
1: Use of words bank, banker, and banking
Limit on use of restricted words in name or title
425: Limit on use of restricted words in name or title
1: This section applies to a person that—
a: is a financial service provider; or
b: directly or indirectly holds out that they are entitled, qualified, able, or willing to be in the business of providing a financial service to persons in New Zealand.
2: The person must not—
a: be formed, incorporated, or registered using a name or title that includes a restricted word; or
b: change its name or title to a name or title that includes a restricted word; or
c: use a name or title that includes a restricted word when carrying on any activity directly or indirectly in New Zealand (whether through an agent or otherwise).
3: In sections 427 428 429 431 use 1989 No 157 s 64(1), (7)
426: Offence to contravene limit on use of restricted words
A financial service provider that contravenes section 425
a: in the case of an individual, to a fine not exceeding $100,000:
b: in any other case, to a fine not exceeding $2,500,000. 1989 No 157 s 64(5), (6)
427: When restriction does not apply
Section 425
a: the Bank; or
b: a person who is authorised by the Bank under section 428 429 1989 No 157 s 64(2)
428: Bank may authorise particular persons to use restricted words in name or title
The Bank may, by written notice given to any of the following persons, authorise that person to use a name or title that includes a restricted word:
a: a licensed deposit taker:
b: a person licensed or registered as a bank in a country other than New Zealand:
c: an associated person of a licensed deposit taker:
d: a person that is, or intends to become, a financial service provider. 1989 No 157 s 65(1), (2)(a), (4)(a)
429: Bank may authorise class of persons to use restricted words in name or title
1: The Bank may issue a notice that authorises a class of licensed deposit takers or overseas banks to use a name or title that includes a restricted word.
2: A notice issued under this section is secondary legislation ( see Part 3
3: In this section, overseas bank 1989 No 157 s 65(1), (3)(a) 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 accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
430: Authorisation extends to Registrar of Companies, etc
An authorisation under section 428 429 1989 No 157 s 65(7)
431: Bank’s policies for giving authorisation
1: The Bank’s statement of prudential policy under section 254 section 428 429
2: The statement must set out the Bank’s policies in relation to minimum requirements for a deposit taker to be authorised to use a name or title that includes a restricted word. Example
A deposit taker that is authorised to use bank
432: Conditions
The Bank may give an authorisation under section 428 429 Examples
Example 1 The Bank gives an authorisation to company A on the condition that A use a particular name or title approved by the Bank. Example 2 The Bank gives an authorisation to overseas bank B on the condition that B carries on in New Zealand only those activities specified by the Bank. 1989 No 157 s 65(2)(b), (3)(b), (4)(b), (5)
433: Application of Companies Act 1993
Sections 427 to 432 Companies Act 1993
a: sections 20 to 24
b: section 333 1989 No 157 s 66A Limit on use of restricted words in advertisement
434: Limit on use of restricted words in advertisement
1: A specified person must not use a restricted word in an advertisement unless the advertisement contains a statement that complies with subsections (2) and (3).
2: The statement must—
a: state that the specified person is not a licensed deposit taker; and
b: be communicated in a manner that ensures, as far as is reasonably practicable, that the statement attracts the attention of the persons to whom the advertisement is directed.
3: The statement must also—
a: state that the specified person is not regulated or supervised by the Bank; or
b: if the specified person is regulated or supervised by the Bank, state the capacity in which it is regulated or supervised by the Bank.
4: In this subpart,— advertisement
a: means anything used to promote—
i: the interests of a specified person; or
ii: the services or products of that person; and
b: includes a trade mark of a specified person; but
c: does not include the name or title of a specified person specified person
a: means a person that—
i: is a financial service provider; or
ii: directly or indirectly holds out that they are entitled, qualified, able, or willing to be in the business of providing a financial service to persons in New Zealand; but
b: does not include a licensed deposit taker. 1989 No 157 s 66B(1), (2), (5)
435: Offence to contravene advertising limit
A specified person that contravenes section 434
a: in the case of an individual, a fine not exceeding $50,000:
b: in any other case, a fine not exceeding $500,000. 1989 No 157 s 66B(3), (4) Bank may require change of name, etc
436: Power to require change of name, etc
1: If the Bank is satisfied on reasonable grounds that a person has contravened, or is contravening, section 425 434
a: change the person's name or title to a name or title that does not include a restricted word:
b: cease using a restricted word in an advertisement:
c: cease carrying on any activity using a name or title that includes a restricted word.
2: A person must comply with the requirement within the period of time and in the manner specified in the notice. 1989 No 157 s 66D(1)–(3)
437: Offence to contravene requirement to change name, etc
A person that contravenes a requirement under section 436
a: in the case of an individual, a fine not exceeding $50,000:
b: in any other case, a fine not exceeding $500,000. 1989 No 157 s 66D(4), (5)
2: Trans-Tasman co-operation
438: Interpretation in this subpart
In this subpart,— action that is likely to have a detrimental effect on financial system stability in Australia authorised deposit-taking institution outsourcing arrangement 1989 No 157 s 67A
439: Trans-Tasman co-operation
When performing or exercising functions, powers, or duties under this Act or other prudential legislation, the Bank must—
a: support Australian financial authorities in meeting their statutory responsibilities relating to prudential regulation and financial system stability in Australia; and
b: to the extent reasonably practicable, avoid any action that is likely to have a detrimental effect on financial system stability in Australia. 1989 No 157 s 68A(1)
440: Bank’s duty to consult
1: This section applies if the Bank has reasonable cause to believe that an action it proposes to take under this Act or any other prudential legislation is an action that is likely to have a detrimental effect on financial system stability in Australia.
2: Before taking the proposed action, the Bank must, to the extent it considers reasonably practicable in the circumstances having regard to urgency or any other similar constraint, consult and consider the advice of every Australian financial authority it considers to be relevant in the circumstances. 1989 No 157 s 68A(2), (3)
441: Failure to comply with subpart does not affect validity of Bank’s actions
The performance or exercise of a function, power, or duty is not invalid by reason only of a failure to comply with this subpart. 1989 No 157 s 68A(4)
3: Confidentiality
442: Disclosure of information by Bank
1: This section applies to the following:
a: information given to the Bank under this Act:
b: information derived from or based on information referred to in paragraph (a):
c: information relating to the exercise, or possible exercise, of the powers conferred by this Act.
2: The Bank may publish or disclose any information to which this section applies only if—
a: the information is available to the public under an Act (other than the Official Information Act 1982
b: the information is in a statistical or summary form; or
c: the disclosure is for the purposes of, or in connection with, the performance or exercise of any function, power, or duty conferred or imposed on the Bank by this Act or any other legislation; or
d: the disclosure is made under subpart 3
e: the publication or disclosure is to a person who the Bank is satisfied has a proper interest in receiving the information; or
f: the publication or disclosure is with the consent of the person to whom the information relates or of the person to whom the information is confidential.
3: The Bank must not publish or disclose information under subsection (2)(e) unless satisfied that satisfactory provision exists to protect the confidentiality of the information.
4: Nothing in this section limits the Privacy Act 2020 see section 22
5: A member of the board of the Bank, the Governor, any other office holder of the Bank, or any employee of the Bank must not publish or disclose any information to which this section applies except for the purposes of, or in connection with, the performance or exercise of any function, power, or duty under this Act or any other legislation.
443: Relationship with other Acts
1: Nothing in any Act, other than this Act, the Official Information Act 1982 Privacy Act 2020 section 442
2: The Bank may make information to which this section applies available under the Official Information Act 1982 section 442(2)
444: Offence to make unauthorised disclosure
A member of the board of the Bank, the Governor, any other office holder of the Bank, or any employee of the Bank who intentionally or recklessly discloses information in contravention of section 442
445: Conditions relating to disclosure of information
1: The Bank may, by notice to a person to whom any information is published or disclosed under section 442(2)(c), (e), or (f)
2: The Bank must, in considering what conditions to impose, have regard to whether conditions are necessary or desirable in order to protect the privacy of any individual.
3: Conditions imposed may include, without limitation, conditions relating to—
a: maintaining the confidentiality of anything provided:
b: the storing of, the use of, or access to anything provided:
c: the copying, returning, or disposing of copies of documents provided.
446: Restrictions on further disclosure of information
1: If information is published or disclosed to a person under section 442(2)(c)
a: for the purposes of, or in connection with, functions, powers, or duties referred to in section 442(2)(c)
b: in accordance with any conditions imposed by the Bank.
2: If information is published or disclosed to a person under section 442(2)(e)
a: is authorised by the Bank and is in accordance with any conditions imposed by the Bank; or
b: is for the purposes of, or in connection with, the functions, powers, or duties of a person under any legislation.
3: If information is published or disclosed to a person under section 442(2)(f)
447: Offence for unauthorised disclosure or use
1: A person who intentionally or recklessly publishes, discloses, or uses information in contravention of section 446
2: A 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 1 year or to a fine not exceeding $100,000 (or both):
b: in any other case, to a fine not exceeding $2,500,000.
4: Bank’s power to specify how things are done
448: When subpart applies
1: This subpart applies if this Act provides for any thing to be done in the manner specified by the Bank (including where the manner is specified in a notice given by the Bank). Examples
An application for a licence must be made in the manner specified by the Bank. The Bank may require information to be given under section 99
2: In this subpart, a relevant person Guidance note
See also section 292
449: Bank may require particular persons to comply with specified requirements
1: The Bank may give a notice to 1 or more named relevant persons.
2: The notice may specify 1 or more of matters referred to in section 451
450: Bank may require class of persons to comply with requirements
1: The Bank may issue under this section a notice that applies to a class of relevant persons.
2: The notice may specify 1 or more of matters referred to in section 451
3: A notice issued under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
451: Requirements that may be specified
A notice under section 449 450
a: by whom, when, where, and how the thing must be done:
b: the form that must be used in connection with doing the thing:
c: what information or other evidence or documents must be provided in connection with the thing:
d: requirements with which information, evidence, or documents that are provided in connection with the thing must comply.
452: Bank may also require further information
A relevant person must also provide to the Bank the information that is required by the Bank to assist the Bank in performing or exercising its functions, powers, or duties in relation to the thing (for example, to supply further information in support of an application or request).
453: Bank may refuse to act if requirements not complied with
1: The Bank may refuse to perform or exercise a function, power, or duty if—
a: a thing is not done in the manner specified by the Bank in a notice given or issued under this subpart; or
b: a person fails to comply with section 452 Example
An applicant for a licence does not apply in the manner specified by the Bank in a notice issued under section 450 The Bank may refuse to consider the application.
2: This section does not limit any other provision of this Act that provides for an offence, a penalty, or any other consequence for a failure to do a thing in the manner specified by the Bank.
5: Regulations
454: General regulations
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: providing for anything this Act says may or must be provided for by regulations:
b: prescribing, for the purposes of any provision of this Act that requires a thing to be done in a manner prescribed by the regulations, the manner in which the thing must be done, including prescribing—
i: by whom, when, where, and how the thing must be done:
ii: the form that must be used in connection with doing the thing:
iii: what information or other evidence or documents must be provided in connection with the thing:
iv: requirements with which information, evidence, or documents that are provided in connection with the thing must comply:
c: authorising the Bank to determine or prescribe, by notice, any of the matters under paragraph (b):
d: prescribing criteria for the purposes of the definition of specified overseas entity in clause 1(1)
e: providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
2: Before recommending regulations under this section for the purposes of Part 6
3: The Minister may recommend regulations under this section in any other case only on the recommendation of the Bank.
4: The Bank must, before regulations are made under this section for the purposes of Part 6
5: The Minister must, before recommending regulations under subsection (1)(d), be satisfied that the regulations are necessary or desirable to—
a: promote public confidence in the financial system; or
b: avoid or mitigate the adverse effects of the following risks:
i: risks to the stability of the financial system:
ii: risks from the financial system that may damage the broader economy.
6: See section 292
7: Regulations made under this section are secondary legislation ( see Part 3
8: If regulations made under subsection (1)(c) authorise the Bank to determine or prescribe matters by notice,—
a: a notice made under the regulations is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (2). Legislation Act 2019 requirements for secondary legislation referred to in subsection (7) 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. 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 (8)(a) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 ss 69 73 74(1)(aa) Presentation The Minister must present it to the House of Representatives 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.
455: Regulations relating to depositor compensation scheme
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: prescribing classes of persons that are not eligible depositors under Part 6
b: prescribing kinds of trusts, schemes, or other arrangements for the purposes of section 191(2)(b)
c: prescribing kinds of currencies for the purposes of section 192(1)(a)(ii)
d: prescribing requirements and kinds of debt securities for the purposes of section 192(1)(c)
e: specifying kinds of licensed deposit takers for the purposes of section 192(2)(c)
f: declaring classes of debt securities not to be protected deposits under Part 6
g: providing for matters relating to temporary high balance limits, including 1 or more of the following:
i: prescribing limits or how limits must be determined:
ii: providing for the circumstances or other matters relating to when a limit applies (for example, providing for how long an amount may be held in a protected deposit before the limit ceases to apply):
iii: providing for a limit to apply in relation to an eligible depositor only if the eligible depositor or another person does 1 or more things in the manner prescribed by the regulations or in the manner specified by the Bank (for example, supplies information to the Bank): Example
A couple sells their family home and deposit the proceeds of the sale into a bank account. Ordinarily, the limit for compensation under Part 6 The regulations may provide for the $100,000 limit to be increased in these circumstances. However, the extra protection will cease to apply if the proceeds are held in the bank account for longer than a specified period.
h: prescribing kinds of persons for the purposes of section 205(5)(b)
i: prescribing kinds of trusts for the purposes of section 209(1)(b)(ii)
j: providing for matters referred to in sections 212 215
k: providing for matters referred to in section 213
l: providing for matters referred to in section 214
2: The Minister must, before making a recommendation under subsection (1), have regard to the advice given by the Bank under subsection (3).
3: The Bank must, before regulations are made under this section, give the Minister advice about the proposed regulations.
4: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
456: Regulations prescribing classes of persons that are not eligible depositors
The Minister must, before recommending regulations under section 455(1)(a)
a: have regard to the purpose of Part 6 section 190
b: be satisfied that the regulations are necessary or desirable in order to prevent entitlements to compensation under Part 6
i: those persons have entered into arrangements with a purpose or an effect of circumventing, evading, or defeating the principle that the compensation should be limited to $100,000 per eligible depositor per deposit taker; or
ii: making the compensation available to those persons may reduce incentives for them to prudently assess risk when making investment decisions; or
iii: making the compensation available would otherwise present a risk to the stability of New Zealand’s financial system.
457: Regulations prescribing matters relating to protected deposits
1: The Minister must, before recommending regulations under section 455(1)(c)
a: the purpose of Part 6 section 190
b: the principle that the regulations should be consistent with the Bank efficiently and effectively performing its functions under Part 6
2: The Minister must, before recommending regulations under section 455(1)(d) and (f)
a: have regard to the purpose of Part 6 section 190
b: have regard to the economic substance of the securities to which the regulations relate; and
c: be satisfied that the regulations are necessary or desirable in order to ensure that compensation under that Part is available only in relation to debt securities of the kinds mentioned in subsection (3).
3: For the purposes of subsection (2)(c), the debt securities are either of the following:
a: debt securities that—
i: are commonly referred to in the financial markets as current account, savings account, or term deposit products; and
ii: are not readily tradable: Examples
Tradable on market A deposit taker intends to issue a debt security that is quoted on a licensed market or listed on some other established market. Investors will be able to readily buy and sell the debt security. Regulations may be made to prevent compensation from being available under the depositor compensation scheme in relation to that debt security. Tradable under terms and conditions A deposit taker issues a debenture. The terms and conditions of that debenture provide the means to allow an investor to readily sell the debenture. Regulations may be made to prevent compensation from being available under the depositor compensation scheme in relation to the debenture.
b: debt securities whose economic substance is substantially similar to any of the debt securities referred to in paragraph (a).
458: Bank’s advice about regulations relating to overseas currencies
The Bank’s advice under section 455(3)
a: the Bank’s estimate of the extent to which New Zealanders are investing in debt securities that are not protected deposits solely because they are denominated in a currency other than New Zealand currency; and
b: advice on whether those investments may have a material effect on the stability of the financial system.
459: Regulations providing for licensed deposit takers that do not issue protected deposits
1: The Minister must, before recommending regulations under section 455(1)(e)
a: be satisfied that the regulations—
i: are not inconsistent with the purposes set out in section 3
ii: are not likely to cause significant detriment to public confidence in the depositor compensation scheme; and
b: be satisfied of either or both of the following:
i: that, having regard to the matters set out in subsection (2), applying Part 6
ii: that there are arrangements (other than under Part 6
2: For the purposes of subsection (1)(b)(i), the Minister must have regard to—
a: the nature of the businesses carried out by the deposit takers to which the regulations relate (and, in particular, whether those deposit takers do not generally issue debt securities that would otherwise be protected deposits and whether the issue of any debt securities that would otherwise be protected deposits is only an incidental part of the businesses of those deposit takers); and
b: the kinds of clients of the deposit takers to which the regulations relate (and, in particular, whether the deposit takers mainly provide services to wholesale clients that are unlikely to need the benefit of compensation under Part 6
3: In this section,— relevant investor
a: is a holder of a debt security issued by a deposit taker to which the regulations relate or a person on whose behalf such a debt security is held; and
b: would be an eligible depositor under Part 6 wholesale client section 49(2)
460: Bank’s advice about regulations providing for licensed deposit takers that do not issue protected deposits
The Bank must, before giving advice under section 455(3)
461: Regulations providing for temporary high balance limits
The Minister must, before recommending regulations under section 455(1)(g)
a: be satisfied that the regulations are necessary or desirable to protect eligible depositors in circumstances where the amount of a protected deposit is temporarily higher as a result of special events or circumstances of a personal, domestic, or household character (for example, the sale of a family home); and
b: have regard to—
i: the purpose of Part 6 section 190
ii: the size and composition of the protected deposits to which the regulations will relate; and
iii: the likely effect that the regulations will have on the costs referred to in section 238(2)
iv: the principle that the regulations should be consistent with the Bank efficiently and effectively performing its functions under Part 6
462: Bank’s advice about regulations for temporary high balance limits
The Bank must, before giving advice under section 455(3)
463: Regulations providing for calculation of amount of person’s protected deposits or share of protected deposits
The Minister must, before recommending regulations under section 455(1)(j)
a: have regard to the purpose of Part 6 section 190
b: have regard to the economic substance of the arrangements referred to in section 212(1)
c: have regard to the principles that—
i: compensation under Part 6
ii: the regulations should be consistent with the Bank efficiently and effectively performing its functions under Part 6
464: Regulations providing for transactions that have not been processed
The Minister must, before recommending regulations under section 455(1)(k)
a: be satisfied that the regulations are necessary or desirable to provide certainty about the treatment of payments made under transactions to which section 213
b: have regard to the purpose of Part 6 section 190
465: Regulations providing for taking into account funds that are withdrawn or available to eligible depositors during resolution
The Minister must, before recommending regulations under section 455(1)(l)
a: be satisfied that the regulations are necessary or desirable to fairly take into account the matter referred to in section 214(1)(b)
b: be satisfied that eligible depositors are likely to receive in connection with the regulations no less favourable treatment than would have been the case had a liquidation of the entity under New Zealand law commenced immediately before the entity entered into resolution; and
c: have regard to the purpose of Part 6 section 190
466: Transitional and savings provisions for orderly implementation of Act
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: providing that, subject to any conditions stated in the regulations, transitional or savings provisions prescribed by the regulations that relate to the implementation of this Act (in addition to, or in substitution for, any other transitional, savings, or related provisions in Schedule 1
b: providing that, subject to any conditions stated in the regulations, specified provisions of this Act (including definitions and any transitional, savings, or related provisions in Schedule 1
2: The Minister must, before recommending regulations under this section, be satisfied that the regulations—
a: are necessary or desirable for the orderly implementation of this Act; and
b: are consistent with the purposes of this Act.
3: In addition, the Minister may recommend regulations under this section only on the recommendation of the Bank.
4: This section is repealed on the close of the relevant date.
5: Any regulations made under this section that are in force on the relevant date are revoked on the close of that day.
6: Nothing in Schedule 1
7: In this section, relevant date section 10
8: Regulations made under this section are secondary legislation ( see Part 3 2032-07-07 Deposit Takers Act 2023 This section and any regulations made under this section are repealed on the close of the relevant date. See section 466(4),(5), and(7). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation 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.
6: Levy for Crown to recover cost of public support of deposit taker in financial distress or other difficulties
467: Licensed deposit takers must pay levy to allow Crown to recover cost of public support
1: Every person that is included in a prescribed class of licensed deposit takers must pay to the Bank, or a prescribed person on behalf of the Bank (the prescribed person
2: A licensed deposit taker must pay the levy by the date specified for payment, whether in an invoice or other appropriate document given to the deposit taker by the Bank or the prescribed person.
3: The specified date for payment must be not less than 30 days after the date of the invoice or other appropriate document.
4: The amount of any unpaid levy and any interest under section 469
468: Bank or prescribed person collects levy on behalf of Crown
1: The Bank or the prescribed person collects the levy under this subpart on behalf of the Crown.
2: The Bank or the prescribed person must ensure that each levy payment is paid into a Crown Bank Account within 30 days after the payment is received.
469: Interest on unpaid levy
1: A person who owes a levy under this subpart is liable to pay to the Bank or the prescribed person interest assessed at the rate and applied by the method (if any) prescribed by the regulations made under this subpart.
2: The interest is payable on—
a: any unpaid levy; and
b: any unpaid instalment payment in respect of any levy; and
c: any unpaid interest that has been charged already.
470: Levy regulations
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations providing for the levies.
2: Before making a recommendation under this section, the Minister must—
a: consult the Bank; and
b: comply with sections 471 472
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 to the Crown of expenses or capital expenditure that has been incurred or a capital injection that has been made as referred to in section 471(1)(a)
b: the costs of collecting the levy money.
4: In determining the portion, the Minister must take into account the following:
a: any recovery of the costs to the Crown that has occurred or is likely to occur (other than under this subpart):
b: the extent to which incurring the expenses or capital expenditure or making the capital injection was necessary or desirable for either or both of the purposes referred to in section 471(1)(b)(i) and (ii)
5: The regulations may—
a: specify the class or classes of licensed deposit taker that are required to pay a levy:
b: provide for different levies for different classes of licensed deposit taker:
c: specify the amount of levies, or the method of calculating or ascertaining the amount of levies for each class:
d: include in levies, or provide for the inclusion in levies of, any shortfall in recovering the costs referred to in subsection (3):
e: provide for the payment and collection of levies (which may include providing for instalment payments):
f: provide for interest under section 469
g: provide for waivers, discounts, or refunds of the whole or any part of a levy for any case or class of cases.
6: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
471: Process matters for recommendation
1: The Minister must, before making a recommendation,—
a: be satisfied that the Crown has incurred expenses or capital expenditure or made a capital injection—
i: in connection with dealing with the financial distress or other difficulties of a licensed deposit taker or an associated person that is or was in resolution; or
ii: under sections 25B and 25C of the Public Finance Act 1989
b: be satisfied that incurring the expenses or capital expenditure or making the capital injection were necessary or desirable for either or both of the following purposes (whether or not there were other purposes):
i: to maintain the stability of the financial system:
ii: to maintain the continuity of systemically important activities undertaken by 1 or more licensed deposit takers or associated persons; and
c: be satisfied that the expenses or capital expenditure was incurred or the capital injection was made within the 5-year period before the regulations will be made; and
d: have regard to the following:
i: the extent to which deposit takers of each class that will be required to pay a levy under this subpart directly or indirectly benefited, or are likely to benefit, from the expenses or capital expenditure that was incurred or the capital injection that was made:
ii: the effect that the obligation to pay a levy under this subpart is likely to have on the soundness of a deposit taker of each of those classes:
iii: the net cost to the Crown of incurring the expenses or capital expenditure or making a capital injection (taking into account any recovery of those costs that has occurred or is likely to occur).
2: The reference to expenses, capital expenditure, or a capital injection in subsection (1)(a) does not include—
a: any grants or advances made under subpart 8
b: any compensation paid under subpart 9
472: Consultation about proposed levy regulations
1: The Minister must, before making a recommendation, ensure that licensed deposit takers or the persons or organisations that the Bank considers are able to represent the views of licensed deposit takers are consulted.
2: The consultation must include consultation relating to the amount of levies or method of calculating or ascertaining the amount of levies.
3: The Bank may carry out the consultation on the Minister’s behalf if the Minister and the Bank agree to the Bank acting under this subsection.
473: Effect of failure to comply
A failure to comply with section 472
7: Other miscellaneous provisions
474: How notices, directions, and other documents must be given
1: This section and section 475
2: The notice, direction, document, or notification must be in writing and must, in the case of a notice, direction, document, or notification being given or provided to—
a: an individual, be given—
i: by delivering it personally or by an agent (such as a courier) to the person; or
ii: by sending it by post addressed to the person at the person's usual or last known place of residence or business; or
iii: by sending it by email to the person's email address provided by the person for the purpose; or
iv: in any other manner a District Court Judge directs:
b: a company within the meaning of the Companies Act 1993 section 387(1) 388
c: an overseas company, be served in a manner provided for in section 389(1) 390
d: any other body corporate, be served in a manner in which it could be given or served if the body corporate were a company within the meaning of the Companies Act 1993
3: If a person is absent from New Zealand, a notice, direction, document, or notification given to the person's agent in New Zealand in accordance with subsection (2) must be treated as having been given or provided to the person.
4: If a person has died, the notice, direction, document, or notification may be given, in accordance with subsection (2), to their personal representative.
475: When certain notices, directions, or documents treated as given
1: In the absence of proof to the contrary, a notice, direction, document, or notification sent to a person in accordance with section 474(2)(a)(iii)
2: Section 392 section 474(2)(b) to (d)
476: Meaning of deposit taker
The provisions set out in Schedule 2
9: Repeals and amendments to other Acts
Repeals
477: Repeals
The following are repealed:
a: the Banking (Prudential Supervision) Act 1989
b: the Non-bank Deposit Takers Act 2013 2029-07-06 Banking (Prudential Supervision) Act 1989 Non-bank Deposit Takers Act 2013 Amendments to Reserve Bank of New Zealand Act 2021
478: Principal Act
1: Sections 479 to 484 Reserve Bank of New Zealand Act 2021
2: See also Schedule 3 2029-07-06 Reserve Bank of New Zealand Act 2021
479: Section 10 amended (Bank’s functions)
1: After section 10(1)(b)(iii)
iiia: issuing warnings, reports, or guidelines, or making comments in connection with compliance with that legislation; and
2: In section 10(1)(b)(iv) difficulties (for example, acting as the resolution authority in relation to a licensed deposit taker that is in resolution)
3: After section 10(1)(b)
ba: to manage and administer the depositor compensation scheme under the Deposit Takers Act 2023, including doing the things set out in section 195
480: Section 74 amended (Ability to delegate)
1: After section 74(1)(f)
fa: a person appointed as a resolution manager under Part 7 subsection (2A)
2: After section 74(2)
2A: The board may delegate to a resolution manager only any of the functions or powers under sections 285, 286, 289, 295 to 297, 313 to 332, and 340 to 342
481: Section 182 amended (Protection for certain persons)
In section 182(1)(g) statutory manager or resolution manager
482: Section 189 amended (Crown indemnities in relation to statutory management)
1: In the heading to section 189 statutory management or resolution
2: In section 189(a) statutory manager , and each resolution manager,
3: In section 189(a) the statutory manager’s their
4: In section 189(b) statutory management or resolution
483: New section 190A and cross-heading inserted
After section 190 Qualified privilege protection
190A: Bank’s warnings, reports, guidelines, or comments protected by qualified privilege
For the purposes of clause 3 of Part 2 of Schedule 1 of the Defamation Act 1992, any warning, report, guideline, or comment issued or made by the Bank in the course of the performance or intended performance of its functions must be treated as an official report made by a person holding an inquiry under the authority of the Parliament of New Zealand. 2011 No 5 s 23
484: Section 240 amended (Form and content of annual report)
After section 240(1)(n)
na: the financial statements of the depositor compensation fund, and the statement of responsibility and audit report for those statements, required under subpart 9 of Part 6 Amendments to Financial Markets Conduct Act 2013
485: Principal Act
1: Sections 486 to 488 Financial Markets Conduct Act 2013
2: See also Schedule 3 2029-07-06 Financial Markets Conduct Act 2013
486: Section 6 amended (Interpretation)
In section 6(1) licensed deposit taker section 6
487: Section 22 amended (False or misleading representations)
In section 22(h) the Consumer Guarantees Act 1993 or Part 6
488: Schedule 1 amended
In Schedule 1 Exclusion for licensed deposit takers
21: Offers of prescribed financial products or debt securities by licensed deposit takers
An offer of financial products does not require disclosure under Part 3 of this Act if the financial products are—
a: financial products of a kind prescribed for the purposes of this paragraph that are issued by a licensed deposit taker; or
b: debt securities issued by a licensed deposit taker; or
c: financial products of a kind prescribed for the purposes of this paragraph that are issued by a subsidiary of a licensed deposit taker; or
d: prescribed currency forwards that are issued by a licensed deposit taker or a subsidiary of a licensed deposit taker. Amendments to Public Finance Act 1989
489: Principal Act
Sections 490 to 492 Public Finance Act 1989 2029-07-06 Public Finance Act 1989
490: Section 8 amended (Appropriation limited by amount)
In section 8(b) section 25 or section 25C
491: New sections 25B and 25C inserted
After section 25A
25B: When Minister may exercise certain powers in connection with financial institution in serious financial difficulties
1: The Minister may exercise a power under section 25C
a: the Reserve Bank of New Zealand has advised the Minister that 1 or more regulated entities are, or are likely to be, insolvent or otherwise in serious financial difficulties (the situation
b: the Minister is satisfied of the matters set out in subsection (2)
2: The matters that the Minister must be satisfied of are as follows:
a: that incurring expenses or capital expenditure under section 25C
i: maintain the stability of the financial system:
ii: maintain the continuity of systemically important activities undertaken by 1 or more regulated entities; and
b: that there is no reasonable prospect of the situation being adequately dealt with to the Minister’s satisfaction in a timely and orderly way other than through exercising the power under section 25C
3: In this section, regulated entity
25C: Expenses or capital expenditure in connection with financial institution in serious financial difficulties
1: The Minister may approve the incurring of expenses or capital expenditure in relation to the situation referred to in section 25B(1)(a)
2: Public money may be spent, without further authority than this section, for the purpose of meeting expenses or capital expenditure incurred in accordance with subsection (1)
3: A statement about any expenses and capital expenditure incurred under this section in any financial year that have not been appropriated must be included in—
a: the annual financial statements of the Government; and
b: an Appropriation Bill for confirmation by Parliament.
4: Subsection (3)
492: Section 27 amended (Annual financial statements of Government)
After section 27(2)(c)(iii)
iiia: a statement of expenses and capital expenditure incurred under section 25C Amendments to Insurance (Prudential Supervision) Act 2010
493: Principal Act
Section 494 Insurance (Prudential Supervision) Act 2010 2029-07-06 Insurance (Prudential Supervision) Act 2010
494: Section 8 amended (Meaning of carrying on insurance business in New Zealand)
1: After section 8(2)(a)
aa: the Bank or a subsidiary of the Bank; or
2: In section 8(2)(b) an entity the Crown, or Consequential amendments
495: Consequential amendments
1: Amend the Acts specified in Part 1
2: Amend the secondary legislation specified in Part 2 2029-07-06 Accident Compensation Act 2001 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Banking (Prudential Supervision) Act 1989 Biosecurity Act 1993 Burial and Cremation Act 1964 Chartered Professional Engineers of New Zealand Act 2002 Child Support Act 1991 Community Trusts Act 1999 Companies Act 1993 Compensation for Live Organ Donors Act 2016 Construction Contracts Act 2002 Corporations (Investigation and Management) Act 1989 Crown Entities Act 2004 Customs and Excise Act 2018 Education and Training Act 2020 Electoral Act 1993 Evidence Act 2006 Financial Market Infrastructures Act 2021 Financial Markets Conduct Act 2013 Financial Markets Supervisors Act 2011 Financial Service Providers (Registration and Dispute Resolution) Act 2008 Fisheries Act 1996 Friendly Societies and Credit Unions Act 1982 Gambling Act 2003 Income Tax Act 2007 Infrastructure Funding and Financing Act 2020 Insolvency Act 2006 Insolvency (Cross-border) Act 2006 Insurance Intermediaries Act 1994 Insurance (Prudential Supervision) Act 2010 KiwiSaver Act 2006 Lawyers and Conveyancers Act 2006 Legislation Act 2019 Limitation Act 2010 Local Government Borrowing Act 2011 Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003 Masterton Trust Lands Act 2003 Non-bank Deposit Takers Act 2013 Overseas Investment Act 2005 Personal Property Securities Act 1999 Pork Industry Board Act 1997 Primary Products Marketing Act 1953 Prisoners’ and Victims’ Claims Act 2005 Property Law Act 2007 Protected Disclosures (Protection of Whistleblowers) Act 2022 Public Audit Act 2001 Public Finance Act 1989 Receiverships Act 1993 Registered Architects Act 2005 Reserve Bank of New Zealand Act 2021 Russia Sanctions Act 2022 Search and Surveillance Act 2012 Social Security Act 2018 State-Owned Enterprises Act 1986 Summary Proceedings Act 1957 Tax Administration Act 1994 Terrorism Suppression Act 2002 Veterans’ Support Act 2014 Wages Protection Act 1983 Water Services Entities Act 2022 Westpac New Zealand Act 2011 Anti-Money Laundering and Countering Financing of Terrorism (Class Exemptions) Notice 2018 Commodity Levies (Meat) Order 2021 Companies Act 1993 Liquidation Regulations 1994 Credit Contracts and Consumer Finance Regulations 2004 Deer Industry New Zealand Regulations 2004 Electronic Identity Verification Regulations 2013 Financial Markets Conduct Regulations 2014 Financial Service Providers (Registration) Regulations 2020 Insolvency (Personal Insolvency) Regulations 2007 Lawyers and Conveyancers Act (Trust Account) Regulations 2008 Overseas Investment Regulations 2005 Securities Transfer (Approval of Austraclear New Zealand Electronic Registries Interface System) Order 2010 Social Security Regulations 2018 |
LMS838912 | 2023 | Appropriation (2022/23 Supplementary Estimates) Act 2023 | 1: Title
This Act is the Appropriation (2022/23 Supplementary Estimates) Act 2023.
2: Commencement
This Act comes into force on the day after Royal assent.
3: Application
1: Section 7 Schedule 2
2: The rest of this Act applies to the 2022/23 financial year.
4: Overview
This Act meets the requirements of the Public Finance Act 1989
a: section 6 Schedule 1 see section 4(1)
b: section 7 Schedule 2 see section 10
c: section 8 Schedule 3 see section 12A
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2022/23 financial year scope shown in the Supplementary Estimates
a: in the case of an appropriation under section 6
i: in the table headed “Annual Appropriations and Forecast Permanent Appropriations”; and
ii: in the column headed Titles and Scopes of Appropriations by Appropriation Type
iii: in the statement directly under the title of the appropriation or, in the case of a multi-category appropriation, under the name of each of the individual categories that are included in the appropriation; and
b: in the case of an appropriation under section 7
i: in the table headed Multi-Year Appropriations
ii: in the column headed Type, Title, Scope and Period of Appropriations
iii: in the statement directly under the title of the appropriation; and
c: in the case of an appropriation under section 7
i: in the table headed Multi-Year Multi-Category Appropriations
ii: in the column headed Title, Overarching Purpose and Period of Appropriations and Type and Scope of Categories
iii: in the statement directly under the name of each of the individual categories that are included in the appropriation Supplementary Estimates
a: The Supplementary Estimates of Appropriations for the Government of New Zealand for the Year Ending 30 June 2023
b: Addition to the Supplementary Estimates of Appropriations for the Government of New Zealand and Supporting Information for the year ending 30 June 2023
2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989
6: Appropriations for 2022/23 financial year
Existing appropriations varied
1: If an appropriation specified in column 3 of Schedule 1 Appropriation (2022/23 Estimates) Act 2022
a: if the amount is in brackets, the appropriation is decreased by that amount; and
b: if the amount is not in brackets, the appropriation is increased by that amount. New appropriations authorised
2: Each amount specified in column 4 of Schedule 1 Other matters concerning appropriations
3: Subsections (1) and (2) apply only to the extent that the appropriation varied or authorised is of a type set out in section 7A(1)
4: The scope of each appropriation varied or authorised by this section is the scope shown in the Supplementary Estimates for the appropriation.
5: Each appropriation varied or authorised by this section includes any expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act relating to the 2022/23 financial year; and
b: in advance, but within the scope, of the appropriation.
7: Appropriations applying for more than 1 financial year
Existing multi-year appropriations varied
1: If an appropriation specified in column 3 of Schedule 2
a: if the amount is in brackets, the appropriation is decreased by that amount; and
b: if the amount is not in brackets, the appropriation is increased by that amount.
2: The period of the appropriation authorised by section 7 Local Government Funding Agency Liquidity Facility
3: The period of the appropriation authorised by section 7 Health Capital Envelope
4: The period of the appropriation authorised by section 7 Independent Advice on Oranga Tamariki New multi-year appropriations authorised
5: Each amount specified in column 5 of Schedule 2 Other matters concerning multi-year appropriations
6: Subsections (1) and (5) apply only to the extent that the appropriation varied or authorised is of a type set out in section 7A(1)
7: The scope of each appropriation varied or authorised by this section is the scope shown in the Supplementary Estimates for the appropriation.
8: Each appropriation varied or authorised by this section—
a: is limited to the period specified in column 4 of Schedule 2
b: includes any expenses and capital expenditure that have been incurred—
i: under any Imprest Supply Act relating to the 2022/23 financial year; and
ii: in advance, but within the scope, of the appropriation. Existing multi-year appropriations revoked
9: The appropriation authorised by section 7 Establishment of New Public Media Entity
10: The appropriation authorised by section 7 Economic and Regional Development: Investment in Crown-owned Companies for Infrastructure
11: The appropriation authorised by section 7 Economic and Regional Development: Investment in Crown-owned Companies for Waste and Resource Recovery Infrastructure
12: The appropriation authorised by section 7 Kāinga Ora - Homes and Communities Standby Credit Facility
13: The appropriation authorised by section 7 Progressive Home Ownership - Prepayment of Grants
14: The appropriation authorised by section 7 Historical Treaty of Waitangi Settlements 2022 - 2026
8: Capital injections authorised for 2022/23 financial year
Limits of existing authorisations varied
1: If the Appropriation (2022/23 Estimates) Act 2022 Schedule 3
a: if the amount is in brackets, the limit is decreased by that amount; and
b: if the amount is not in brackets, the limit is increased by that amount. New capital injections authorised
2: The Crown is authorised to make capital injections during the 2022/23 financial year to each department and Office of Parliament specified in column 1 of Schedule 3
3: The capital injections authorised by subsection (2) to a department or an Office of Parliament are limited to the amount specified in column 3 of Schedule 3 Capital injections made in advance under Imprest Supply Act included in authorisation
4: Each authorisation varied or given by this section includes any capital injection that has been made—
a: under any Imprest Supply Act relating to the 2022/23 financial year; and
b: in advance of the authorisation. |
LMS842156 | 2023 | Energy (Fuels, Levies, and References) Amendment Act 2023 | 1: Title
This Act is the Energy (Fuels, Levies, and References) Amendment Act 2023.
2: Commencement
This Act comes into force on 1 July 2023.
3: Principal Act
This Act amends the Energy (Fuels, Levies, and References) Act 1989 2023-07-01 Energy (Fuels, Levies, and References) Act 1989
4: Section 14 amended (Purpose of levies)
After section 14(2A)
2B: Levies recovered under section 24 may also be applied for the purpose of meeting the reasonable costs and expenses of the Crown in promoting resilience of engine fuel supplies in New Zealand. |
LMS717591 | 2023 | Inspector-General of Defence Act 2023 | 1: Title
This Act is the Inspector-General of Defence Act 2023.
2: Commencement
1: This Act comes into force—
a: on a date set by Order in Council; or
b: to the extent not brought into force earlier, 18 months after Royal assent.
2: An Order in Council made under this section is secondary legislation ( see Part 3 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.
1: Preliminary provisions
3: Purpose
1: The purpose of this Act is to—
a: provide the Minister with dedicated independent oversight of the New Zealand Defence Force; and
b: support the Minister in their responsibility to the House of Representatives for the activities of the Defence Force; and
c: assure the public that the activities of the Defence Force are subject to independent scrutiny, including in relation to the Defence Force’s compliance with New Zealand’s obligations under international law.
2: To fulfil that purpose, this Act—
a: creates the offices of Inspector-General of Defence and Deputy Inspector-General of Defence; and
b: confers functions on those offices and makes other provision in relation to them.
4: Interpretation
1: In this Act, unless the context otherwise requires,— advisory panel section 48 assessment function section 8(1)(b) assessment Auditor-General section 7 of the Public Audit Act 2001 Chief of Defence Force section 8 of the Defence Act 1990 Defence Force section 11(1) of the Defence Act 1990 defence record
a: a paper, document, register, book, map, plan, drawing, photograph, film, sound recording, or electronic storage medium; or
b: a record received from another government agency, a foreign public agency, or an international organisation; or
c: a copy of a record Deputy Inspector-General section 11(2) foreign public agency function Human Rights Commissioner section 4 of the Human Rights Act 1993 Independent Police Conduct Authority section 4 of the Independent Police Conduct Authority Act 1988 Inspector-General section 7(2) see also sections 12(2) 52(4)(b) investigation function section 8(1)(a) investigation member of the Defence Force section 2(1) of the Defence Act 1990 New Zealand Security Intelligence Service section 7 of the Intelligence and Security Act 2017 Ombudsman Ombudsmen Act 1975 person working for the Defence Force Privacy Commissioner section 13 of the Privacy Act 2020 protective security requirements Secretary of Defence security classification sensitive
a: endanger the safety of a person; or
b: infringe the privacy of a natural person (including a deceased natural person) in a way, or to an extent, not outweighed by the public interest in disclosure; or
c: prejudice—
i: the security or defence of New Zealand; or
ii: the international relations of the New Zealand Government; or
iii: the entrusting of information to the New Zealand Government on a basis of confidence by the Government of another country or by a foreign public agency or an international organisation WorkSafe section 5 of the WorkSafe New Zealand Act 2013
2: In this Act, unless the context otherwise requires, a reference to an activity, act, or omission of the Defence Force includes a reference to an activity, act, or omission of a person working for the Defence Force.
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
6: Act binds the Crown
This Act binds the Crown.
2: Appointment and functions of Inspector-General and Deputy Inspector-General
Inspector-General of Defence
7: Appointment of Inspector-General
1: The office of Inspector-General of Defence is established.
2: The Governor-General may appoint a person as Inspector-General of Defence on the recommendation of the House of Representatives.
3: The person appointed must hold a government-sponsored security clearance of a level determined by the Minister.
8: Functions of Inspector-General
The functions of the Inspector-General are—
a: to investigate—
i: incidents that have occurred in the course of activities of the Defence Force; and
ii: any subsequent acts or omissions of the Defence Force in relation to those incidents (the investigation function
b: to assess, and identify potential improvements or additions to, Defence Force policies and procedures governing activities of the Defence Force (the assessment function
c: any other function conferred on the Inspector-General by this Act or by any other legislation or rule of law.
9: Inspector-General must act impartially and in public interest and have regard to military context
The Inspector-General must, when performing the Inspector-General’s functions,—
a: act impartially, fairly, independently, and in the public interest; and
b: have regard to the military context in which the Defence Force operates.
10: Relationship with other oversight bodies
1: The Inspector-General—
a: must, when performing the Inspector-General’s functions, have regard to the functions of the people specified in subsection (2)
b: may consult those people about any matter relating to the Inspector-General’s functions; and
c: may co-operate with them with a view to—
i: avoiding unnecessary duplication of scrutiny of the same matter; and
ii: taking a co-ordinated approach to examining issues of common concern; and
d: may (subject to section 35
2: The people are—
a: the Secretary of Defence:
b: WorkSafe:
c: the Auditor-General:
d: the Inspector-General of Intelligence and Security:
e: the Privacy Commissioner:
f: a Human Rights Commissioner:
g: an Ombudsman:
h: the Independent Police Conduct Authority. Deputy Inspector-General of Defence
11: Appointment of Deputy Inspector-General
1: The office of Deputy Inspector-General of Defence is established.
2: The Governor-General may appoint a person as Deputy Inspector-General of Defence on the recommendation of the House of Representatives.
3: The person appointed must hold a government-sponsored security clearance of a level determined by the Minister.
12: Functions of Deputy Inspector-General
1: The Deputy Inspector-General—
a: has all the functions of the Inspector-General; and
b: may perform those functions in the same manner, subject to the same restrictions, and with the same effect, as if they were performed by the Inspector-General.
2: Accordingly, a reference to the Inspector-General in section 9 10 Parts 3 6
3: However, the performance by the Deputy Inspector-General of the Inspector-General’s functions is subject to the control of the Inspector-General unless—
a: the office of Inspector-General is vacant; or
b: the Inspector-General is absent from duty.
4: The fact that the Deputy Inspector-General performs a function of the Inspector-General is, in the absence of evidence to the contrary, conclusive evidence of the Deputy Inspector-General’s authority to do so. Administrative provisions
13: Administrative provisions relating to Inspector-General and Deputy Inspector-General
Schedule 2
3: Investigations and assessments
14: Inspector-General may carry out investigation or assessment on own initiative or on request
1: The Inspector-General may carry out an investigation or assessment—
a: on the Inspector-General’s own initiative, including as a result of information obtained under section 10 Part 4 Protected Disclosures (Protection of Whistleblowers) Act 2022
b: at the request of the Minister, the Secretary of Defence, or the Chief of Defence Force.
2: However, if an incident has been referred to a court of inquiry assembled under the Armed Forces Discipline Act 1971
a: the investigation is on the Inspector-General’s own initiative and the inquiry has concluded or has, in the Inspector-General’s opinion, been unreasonably delayed; or
b: the investigation is at the request of the Minister or the Chief of Defence Force.
15: Inspector-General may decline to carry out investigation or assessment
1: The Inspector-General may do any of the following in relation to an investigation or assessment, or part of an investigation or assessment, that has been requested by the Minister, the Secretary of Defence, or the Chief of Defence Force:
a: decline to carry it out:
b: defer it:
c: (subject to section 35
2: The Inspector-General must notify the Minister, the Secretary of Defence, or the Chief of Defence Force (as applicable) of—
a: any decision by the Inspector-General under subsection (1)
b: the reason for the decision.
3: The people to whom an investigation or assessment, or part of an investigation or assessment, may be referred under subsection (1)(c) section 10(2)
4: A person to whom an investigation or assessment, or part of an investigation or assessment, is referred under subsection (1)(c)
16: Initiation of investigation or assessment by Inspector-General
1: When initiating an investigation or assessment, the Inspector-General must—
a: develop draft terms of reference for it, including statements regarding—
i: the purpose of the investigation or assessment; and
ii: how the Inspector-General has had regard to the obligations in section 9
iii: the key issues to be considered; and
iv: the Inspector-General’s proposed approach to the investigation or assessment; and
v: in the case of an assessment, any legislation, policies, processes, standards, or obligations owed by New Zealand under international law by reference to which the assessment will be conducted; and
vi: an estimated time frame for completing the investigation or assessment; and
b: consult the Secretary of Defence and the Chief of Defence Force on the draft terms of reference; and
c: finalise the terms of reference, having regard to any comments provided by the Secretary of Defence and the Chief of Defence Force; and
d: notify the Minister, the Secretary of Defence, and the Chief of Defence Force of the Inspector-General’s intention to begin the investigation or assessment, unless it is in included in the Inspector-General’s annual work programme under section 53
2: A notification under subsection (1)(d)
a: the finalised terms of reference; and
b: at least 5 working days’ notice of any public announcement of the investigation or assessment.
17: Commencement of investigation or assessment on request
1: When requesting an investigation or assessment, the Minister, the Secretary of Defence, or the Chief of Defence Force must—
a: provide the Inspector-General with draft terms of reference for the investigation or assessment, including statements regarding—
i: the reason for the request; and
ii: the key issues to be considered; and
iii: in the case of an assessment, any legislation, policies, processes, standards, or obligations owed by New Zealand under international law by reference to which the assessment will be conducted; and
iv: a proposed time frame for completing the investigation or assessment; and
b: consult the Inspector-General on the draft terms of reference; and
c: finalise the terms of reference, having regard to any comments provided by the Inspector-General; and
d: notify the other relevant parties of the request.
2: A notification under subsection (1)(d)
3: If the Inspector-General decides to carry out the investigation or assessment, they must give the relevant parties at least 5 working days’ notice of any public announcement of it.
4: In this section, relevant parties
18: Inspector-General may regulate own procedure
When carrying out an investigation or assessment, the Inspector-General may adopt any procedure the Inspector-General considers appropriate that is consistent with this Act.
19: Inspector-General must prepare report of investigation or assessment
1: On completing an investigation or assessment, the Inspector-General must prepare a written report containing the Inspector-General’s findings and recommendations.
2: The Inspector-General must send the report to the Minister, the Secretary of Defence, and the Chief of Defence Force.
3: If the report includes information relating to the activities of an intelligence and security agency, the Inspector-General must also send it to the Inspector-General of Intelligence and Security.
4: The Inspector-General may, after consulting the Secretary of Defence and the Chief of Defence Force, determine an appropriate security classification for the report or any part of the report.
5: Despite subsection (4)
6: In this section, intelligence and security agency
a: the New Zealand Security Intelligence Service; or
b: the Government Communications Security Bureau continued by section 8 of the Intelligence and Security Act 2017
20: Findings of fault, etc
1: A report of an investigation under section 19
a: findings of fault and other findings of fact and law:
b: recommendations that further steps be taken to determine liability:
c: recommendations adverse to the Defence Force:
d: recommendations for the improvement or benefit of the Defence Force.
2: However, the report must not include—
a: a determination of a person’s civil, criminal, or disciplinary liability:
b: a finding or recommendation relating to any party with which the New Zealand Defence Force carried out an activity jointly, including another government agency, a foreign public agency, or an international organisation.
21: Publication of report
1: As soon as practicable after sending a report and making any determination as to its security classification under section 19
2: The Inspector-General may also send the report to any Minister of the Crown whose portfolio relates to, or is affected by, the report or the report’s subject matter.
3: However, a report, or part of a report,—
a: must not be published under subsection (1) subsection (2)
b: must not be published under subsection (1)
4: If subsection (3)
5: If subsection (3)
22: Action following report
1: The Chief of Defence Force must, as soon as practicable after receiving a recommendation of the Inspector-General under section 19
a: notify the Minister, the Inspector-General, and the Secretary of Defence of any action proposed to be taken to implement the recommendation; and
b: give reasons for any proposal not to implement, or otherwise to depart from, the recommendation.
2: The Inspector-General may publish on a publicly accessible Internet site maintained by or on behalf of the Inspector-General information about the Defence Force’s progress in implementing a recommendation included in a report under section 19
3: However, information must not be published under subsection (2)
4: The Inspector-General may advise the Minister on the adequacy of any remedial or preventative measures taken by the Defence Force following an investigation or assessment.
4: Inspector-General’s powers to obtain information and assistance
General powers
23: Person may bring matter to Inspector-General’s attention
Any person, including a person working for the Defence Force, may bring any matter to the Inspector-General’s attention that the person considers may be relevant to the performance of the Inspector-General’s functions.
24: Inspector-General may access defence records directly
1: The Inspector-General may access directly all defence records that are in the possession or control of the Defence Force and that the Inspector-General considers may be relevant to the performance of the Inspector-General’s functions.
2: The Defence Force must provide the Inspector-General with full and direct access to those records, including by enabling the Inspector-General to browse and search Defence Force databases (and must not make access in any particular case dependent on a request, an approval, or any other administrative step that is not reasonably necessary).
25: Defence Force must provide information and assistance on request
1: The Defence Force must, on request, provide the Inspector-General with—
a: information about activities of the Defence Force and about incidents that have occurred in the course of those activities:
b: any other assistance that the Inspector-General reasonably requires for the performance of the Inspector-General’s functions.
2: A request under this section may—
a: relate to a particular investigation or assessment; or
b: be made for the purpose of obtaining information about the Defence Force’s activities more generally.
26: Inspector-General may consult overseas counterparts
1: The Inspector-General may—
a: consult a foreign public agency, or an international organisation, that has military oversight functions about any matter relating to the Inspector-General’s functions; and
b: disclose to the agency or organisation any information, document, or other thing that the Inspector-General considers necessary for the purposes of the consultation.
2: This section is subject to section 35
27: Chief of Defence Force must notify Inspector-General of courts of inquiry and civilian deaths and injuries
1: The Chief of Defence Force must, as soon as practicable, notify the Inspector-General of—
a: any court of inquiry assembled under the Armed Forces Discipline Act 1971
b: the purpose for which the court of inquiry is assembled and its terms of reference.
2: If the Defence Force causes or contributes to, or appears likely to have caused or contributed to, the death or injury of a civilian, the Chief of Defence Force must as soon as practicable notify the Inspector-General of—
a: the details of the incident in which the death or injury occurred; and
b: the findings of any Defence Force procedure for responding to the incident.
3: In this section, civilian see Schedule 5 of the Geneva Conventions Act 1958 Additional powers in investigations
28: Inspector-General may examine witnesses
1: The Inspector-General may—
a: examine a person on oath if the Inspector-General considers the person may be able to provide information relevant to an investigation; and
b: summon, and administer an oath to, a person for that purpose.
2: Subsection (1)
a: to a person working for the Defence Force or to any other person:
b: whether or not the information would be admissible in a court of law.
3: For the purposes of section 109 of the Crimes Act 1961 judicial proceeding section 108
4: The Inspector-General may pay fees, allowances, and expenses to anyone who appears as a witness before the Inspector-General.
5: Any fees, allowances, and expenses paid under this section must be as set out in the scales prescribed by regulations made under the Criminal Procedure Act 2011
6: Despite subsection (5)
29: Inspector-General may require provision of information, document, or other thing
1: A person must, on request, provide the Inspector-General with any information, document, or other thing that is in the person’s possession or control and that the Inspector-General considers may be relevant to an investigation.
2: This section applies—
a: to a person working for the Defence Force or (subject to subsection (3)
b: whether or not the information, document, or other thing would be admissible in a court of law.
3: However, this section does not apply to—
a: any court information or judicial information, as those terms are used in section 236 of the District Court Act 2016 section 173 of the Senior Courts Act 2016
b: any information, document, or other thing in the possession or control of a court, or of a tribunal in relation to its judicial functions.
30: Disclosure may be required despite self-incrimination
A person is not excused from providing any information, document, or other thing to the Inspector-General in the course of an investigation just because doing so may incriminate or tend to incriminate the person in respect of any offence.
31: Inspector-General may enter Defence Force premises
1: The Inspector-General may, at any reasonable time, enter any of the following places if the Inspector-General considers that the place is relevant to an investigation:
a: a defence area:
b: a naval ship:
c: any other ship, aircraft, or vehicle used by the Defence Force.
2: The Inspector-General must give the Chief of Defence Force prior written notice of an entry under this section.
3: When entering a place under this section, the Inspector-General must comply with any conditions of entry that the officer in charge of the place imposes under regulations made under section 101 of the Defence Act 1990 section 93
4: In this section, aircraft defence area naval ship officer ship section 2(1) of the Defence Act 1990
5: This section is subject to section 32
32: Special procedure for visiting operational theatres
1: The Inspector-General must not visit an operational theatre unless the Chief of Defence Force has consented to the visit.
2: The Chief of Defence Force must consent to a request by the Inspector-General to visit an operational theatre unless the Chief of Defence Force considers that the visit would—
a: significantly impede a military operation; or
b: risk the security of a defence area or the safety of the Inspector-General or a person working for the Defence Force.
3: Consent to a visit under this section may be given subject to any conditions that the Chief of Defence Force considers necessary to prevent the visit from—
a: significantly impeding a military operation; or
b: risking the security of a defence area or the safety of the Inspector-General or a person working for the Defence Force.
4: If consent under this section to visit an operational theatre is refused or is given subject to conditions, the Chief of Defence Force must—
a: inform the Inspector-General of the reason for the refusal or conditions; and
b: if a change in circumstances means that the reason no longer applies,—
i: reconsider the Inspector-General’s request in light of the change of circumstances; and
ii: notify the Inspector-General of any change in the Chief of Defence Force’s decision; and
iii: if the outcome of the reconsideration is that consent to the visit is still refused or given subject to conditions, inform the Inspector-General of the reason for the continued refusal or conditions.
5: If, after being refused consent or given consent subject to conditions to visit an operational theatre, the Inspector-General decides that they no longer wish to visit it, they must inform the Chief of Defence Force of that fact.
6: Subsection (4)(b)
7: In this section,— defence area section 2(1) of the Defence Act 1990 operational theatre Disclosure of confidential material
33: Disclosure may be required despite obligation of secrecy
1: A requirement under this Act to provide information, a document, or another thing to the Inspector-General overrides any obligation (under legislation or otherwise) of non-disclosure or secrecy and, accordingly,—
a: the person subject to the requirement must comply with it; and
b: compliance with the requirement is not to be treated as a breach of the obligation of non-disclosure or secrecy or of any legislation by which the obligation is imposed.
2: This section is subject to section 40 Protection of information, etc
34: Security of material received by Inspector-General
The Inspector-General must ensure that all information, documents, and other things received by the Inspector-General under this Act, including defence records accessed under section 24
35: Protection of material disclosed by Inspector-General to others
Before disclosing information, a document, or another thing under section 10 15(1)(c) 26
a: confirm that the recipient has appropriate arrangements in place to keep it secure in accordance with protective security requirements; and
b: consult the Chief of Defence Force if the information, document, or other thing—
i: was provided by the Defence Force; and
ii: is sensitive or is subject to an obligation of secrecy or non-disclosure.
36: Duty of confidentiality
1: This section applies to any information, document, or other thing that is—
a: obtained by the Inspector-General under any of sections 10 23 31
b: otherwise received for the purposes of, or in the course of performing, the investigation function or the assessment function ( protected material
2: The people specified in subsection (3)
a: is for or to the Minister, or is for the purpose of performing the Inspector-General’s functions or working for, or providing a service to, the Inspector-General; and
b: does not contravene subsection (4)
3: The people are—
a: the Inspector-General:
b: the Deputy Inspector-General:
c: an employee or a contractor of, or a secondee to, the Inspector-General:
d: an independent person to whom any information, document, or other thing is referred under section 40(2)
e: a member of an advisory panel:
f: an advisor appointed under section 49
g: a person who was formerly a person within any of paragraphs (a) to (f)
4: The people specified in subsection (3)
a: the Minister has certified under subsection (5)
b: the Minister has certified under subsection (5)
5: The Minister may certify that protected material should not be disclosed, or that it should be disclosed only on terms and conditions specified in the certificate, if the Minister considers that the disclosure of the material, or its disclosure otherwise than on those terms or conditions, would be likely to—
a: endanger the safety of any person; or
b: infringe the privacy of a natural person (including a deceased natural person) in a way, or to an extent, not outweighed by the public interest in disclosure; or
c: prejudice—
i: the security or defence of New Zealand; or
ii: the international relations of the New Zealand Government; or
iii: the entrusting of information to the New Zealand Government on a basis of confidence by the Government of another country or by a foreign public agency or an international organisation.
6: The Minister must not give a certificate under subsection (5)
a: the Chief of Defence Force; and
b: anyone else the Minister considers capable of helping to determine the relevant circumstances and information.
37: Inspector-General and others not compellable witnesses
1: The following people cannot be required to give evidence in court, or in other proceedings of a judicial nature, in respect of anything that comes to their knowledge in the course of performing the Inspector-General’s functions or working for, or providing a service to, the Inspector-General:
a: the Inspector-General:
b: the Deputy Inspector-General:
c: an employee or a contractor of, or a secondee to, the Inspector-General:
d: an independent person to whom any information, document, or other thing is referred under section 40(2)
e: a member of an advisory panel:
f: an advisor appointed under section 49
g: a person who was formerly a person within any of paragraphs (a) to (f)
2: The people specified in subsection (1)(a) to (g)
a: performing the Inspector-General’s functions; or
b: working for, or providing a service to, the Inspector-General.
3: Subsections (1) and (2)
a: an offence against section 46
b: an offence against section 78, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961
c: an offence of conspiring to commit an offence against any of those sections of the Crimes Act 1961
d: an offence of attempting to commit an offence against any of those sections of the Crimes Act 1961
38: Inspector-General may make order protecting privacy or confidentiality
1: The Inspector-General may make an order prohibiting the publication, broadcast, distribution, or other disclosure of—
a: any matter that is the subject of, or otherwise relates to, an investigation or assessment:
b: any information, document, or other thing provided to the Inspector-General in the course of an investigation or assessment, or any report of the information, document, or other thing:
c: the name of a person participating in an investigation or assessment or other details likely to lead to the person’s identification:
d: a finding, recommendation, or other decision of the Inspector-General relating to an investigation or assessment:
e: a report of an investigation or assessment:
f: a decision of the Minister relating to an investigation or assessment.
2: Before making an order under this section, the Inspector-General must be satisfied that the matter or other thing covered by the order is sensitive, or that its public disclosure would—
a: breach its security classification; or
b: be likely to prejudice the Inspector-General’s ability to carry out an investigation or assessment.
3: A prohibition imposed by an order under this section may be permanent or for a period specified in the order.
4: An order under this section does not apply to—
a: a report or programme published under section 21 53 54
b: anything included in such a report or programme:
c: the communication or reporting of proceedings in Parliament. Additional protections for investigations and investigation participants
39: Investigations must be conducted in private unless Inspector-General decides otherwise
1: Every investigation must be conducted in private, except as provided by subsections (2) and (3)
2: The Inspector-General may decide to conduct an investigation, or part of an investigation, in public.
3: Before making a decision under subsection (2)
a: the benefits of observing the principle of open justice, and the risk to public confidence in an investigation of conducting it in private:
b: the need for the investigation to ascertain the facts properly:
c: the risk that conducting the investigation, or the part of the investigation, in public would result in the public disclosure of sensitive information or the disclosure of information in breach of its security classification:
d: whether conducting the investigation, or the part of the investigation, in public would interfere with the administration of justice, including a person’s right to a fair trial:
e: any other consideration that the Inspector-General considers relevant.
40: Immunities and privileges of investigation participants
1: A person participating in an investigation has the same immunities and privileges as if they were appearing in civil proceedings, and subpart 8 of Part 2 of the Evidence Act 2006
a: the investigation were a civil proceeding; and
b: every reference to a Judge were a reference to the Inspector-General.
2: The Inspector-General may examine any information, document, or other thing for which privilege is claimed, or refer the information, document, or other thing to an independent person, to determine whether—
a: the person claiming privilege has a justifiable reason for maintaining the privilege; or
b: the information, document, or other thing should be disclosed.
3: This section is subject to section 30
41: Evidence provided in investigation not admissible in other proceedings
Any information, document, or other thing provided to the Inspector-General in the course of an investigation is not admissible as evidence in—
a: disciplinary proceedings for an offence against Part 2 of the Armed Forces Discipline Act 1971
b: any other proceedings against a person, except proceedings against the person who provided the information, document, or other thing for—
i: perjury as defined in section 108 of the Crimes Act 1961
ii: an offence against section 45
42: Right of response
The Inspector-General must not, in a report of an investigation, make a comment, finding, or recommendation that affects a person without providing them with—
a: adequate notice of the material that the Inspector-General proposes to rely on in making the comment, finding, or recommendation; and
b: an opportunity to be heard.
43: Return, disposal, or retention of material after investigation
1: Subsection (2)
2: On completion of the investigation, the Inspector-General must—
a: return the document or other thing to the person who provided it; or
b: if the document or other thing is a copy of a document or other thing held by the person who provided it, return it to the person or dispose of it in accordance with secure disposal procedures.
3: All other information, documents, and other things held by the Inspector-General and relating to the investigation must, subject to the requirements of the Public Records Act 2005
a: kept secure by the Inspector-General in accordance with protective security requirements; or
b: disposed of by the Inspector-General in accordance with secure disposal procedures. Protection of Defence Force workers
44: Protection against retaliation for co-operating with Inspector-General
1: This section applies to anyone who does any of the following things:
a: brings a matter to the Inspector-General’s attention under section 23
b: helps to provide the Inspector-General with access to defence records under section 24 section 25
c: submits to examination by the Inspector-General under section 28
d: provides the Inspector-General with information, a document, or another thing under section 29
2: The Defence Force must not, by reason of the person’s having done the thing, subject them to a penalty, or to discriminatory treatment of any kind, in relation to any work that they do, or propose to do, for the Defence Force.
3: However, subsection (2) subsection (1)
5: Offences
45: Obstructing, hindering, resisting, or deceiving Inspector-General
1: A person commits an offence if the person wilfully, without reasonable excuse,—
a: obstructs, hinders, or resists the Inspector-General in the performance of the Inspector-General’s functions:
b: refuses or fails to comply with a lawful requirement of the Inspector-General:
c: makes a false statement to, or misleads or attempts to mislead, the Inspector-General.
2: A person who commits an offence against this section is liable on conviction to a fine not exceeding $10,000.
46: Failing to comply with duty of confidentiality
1: A person commits an offence if the person wilfully fails to comply with a requirement under section 36
a: not to use, make a record of, or disclose any information, document, or other thing; or
b: to disclose any information, document, or other thing only in accordance with specified terms and conditions.
2: A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 2 years or a fine not exceeding $10,000, or both.
3: A prosecution for an offence against this section must not be commenced without the leave of the Attorney-General.
47: Failing to comply with confidentiality or privacy order
1: A person commits an offence if the person knowingly fails to comply with an order under section 38
2: A person who commits an offence against this section is liable on conviction to a fine not exceeding—
a: $10,000 if the person is an individual:
b: $100,000 in any other case.
6: Miscellaneous provisions and consequential amendments
Advisors and staff
48: Advisory panel
1: The Inspector-General may appoint an advisory panel of 2 or more people to provide the Inspector-General with advice on an ongoing basis.
2: The advisory panel may provide its advice—
a: at the Inspector-General’s request; or
b: on its own initiative.
3: Each member of the advisory panel must hold a government-sponsored security clearance of a level determined by the Minister.
4: The Inspector-General must publish details of a person’s appointment under this section on a publicly accessible Internet site maintained by or on behalf of the Inspector-General.
5: The Inspector-General may—
a: set the advisory panel’s terms of reference:
b: determine the panel’s procedure:
c: give the panel any information that the Inspector-General considers may help the panel to provide the Inspector-General with advice.
6: Subject to subsection (5)(b)
49: Other advisors
1: The Inspector-General may, from time to time, appoint advisors to provide the Inspector-General with advice on a case-by-case basis.
2: Advisors appointed under this section must hold a government-sponsored security clearance of a level determined by the Minister.
3: The Inspector-General may give advisors appointed under this section any information that the Inspector-General considers may help them to provide their advice.
50: Administrative provisions relating to advisors
1: The terms of a person’s appointment under section 48 49
2: Those terms may include—
a: the term for which the person is appointed:
b: the circumstances in which the person may be removed from office:
c: remuneration for the person’s services or reimbursement of their expenses.
3: Any remuneration or reimbursement under subsection (2)(c)
51: Staff
1: The Inspector-General may appoint any employees that the Inspector-General considers necessary for the efficient performance of the Inspector-General’s functions.
2: The power conferred by subsection (1)
3: An employee under this section is employed on the terms and conditions, and paid the salary and allowances, that the Inspector-General determines in consultation with the Secretary for Justice.
4: The Inspector-General must operate an employment policy that complies with the principle of being a good employer as set out in section 118 of the Crown Entities Act 2004
5: Employees appointed under this section must hold a government-sponsored security clearance of a level determined by the Minister.
52: Delegations
1: The Inspector-General may, either generally or particularly, delegate functions of the Inspector-General to employees appointed under section 51
2: However, the Inspector-General must not delegate the power under this section to make delegations.
3: A delegation under this section must be in writing.
4: Subject to any general or special directions given, or conditions imposed, by the Inspector-General,—
a: an employee to whom a function is delegated under this section may perform the delegated function in the same manner, subject to the same restrictions, and with the same effect as if it were performed by the Inspector-General; and
b: accordingly, a reference in any of the following provisions to the Inspector-General, in relation to the delegated function or anything done or omitted to be done in the performance of, or otherwise in connection with, the delegated function, includes a reference to the employee unless the context otherwise requires:
i: sections 9 10
ii: Parts 3 5
iii: a provision of this Part other than this section.
5: The employee must, in the absence of evidence to the contrary, be presumed to be acting within the terms of the delegation.
6: The delegation does not affect or prevent the performance of the delegated function by the Inspector-General or affect the Inspector-General’s responsibility for the actions of the employee. Reporting and liability
53: Annual work programme
1: At least 60 days before the beginning of each financial year, the Inspector-General must—
a: prepare a draft proposed work programme for that year; and
b: consult the Minister about the proposed work programme.
2: The Inspector-General must finalise the programme after having regard to any comments received from the Minister.
3: The finalised programme must not include sensitive information.
4: As soon as practicable after the programme is finalised, the Inspector-General must—
a: give a copy to the Minister; and
b: publish it on a publicly accessible Internet site maintained by or on behalf of the Inspector-General.
5: The Minister must present a copy of the annual work programme to the House of Representatives—
a: as soon as practicable after receiving it; or
b: at the same time that the annual report for the preceding financial year is presented under section 54(4)
54: Annual report
1: As soon as practicable after the end of each financial year, the Inspector-General must provide a report of the Inspector-General’s operations during that year to the Minister.
2: The report must—
a: specify the number of investigations and assessments undertaken during the year; and
b: contain a brief description of the outcome of each investigation or assessment; and
c: specify the number of occasions during the year on which, under section 15
d: contain a brief description of each of those occasions; and
e: contain information on the Inspector-General’s financial performance; and
f: contain any other information that the Inspector-General considers necessary.
3: The report must not include sensitive information.
4: As soon as practicable after receiving the report, the Minister must present a copy of it to the House of Representatives.
5: As soon as practicable after a copy of the report is presented to the House of Representatives under subsection (4)
55: Inspector-General and others protected against liability
1: The following people are not personally liable for doing, or omitting to do, an act in the performance or intended performance of the Inspector-General’s functions, or in the course of working for or providing a service to the Inspector-General, if the act or omission was in good faith:
a: the Inspector-General:
b: the Deputy Inspector-General:
c: an employee or a contractor of, or a secondee to, the Inspector-General:
d: an independent person to whom any information, document, or other thing is referred under section 40(2)
e: a member of an advisory panel:
f: an advisor appointed under section 49
2: Subsection (1)
a: an offence against section 46
b: an offence against section 78, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961
c: an offence of conspiring to commit an offence against any of those sections of the Crimes Act 1961
d: an offence of attempting to commit an offence against any of those sections of the Crimes Act 1961 Consequential amendments
56: Consequential amendments
Amend the Acts specified in Schedule 3 2025-01-26 Corrections Act 2004 Health Act 1956 Intelligence and Security Act 2017 Mental Health (Compulsory Assessment and Treatment) Act 1992 Official Information Act 1982 Ombudsmen Act 1975 Privacy Act 2020 Protected Disclosures (Protection of Whistleblowers) Act 2022 Remuneration Authority Act 1977 Or earlier by OIC (see 2(1)(a)) |
LMS844079 | 2023 | Energy Resources Levy Amendment Act 2023 | 1: Title
This Act is the Energy Resources Levy Amendment Act 2023.
2: Commencement
This Act comes into force on the day after Royal assent.
3: Principal Act
This Act amends the Energy Resources Levy Act 1976 2023-05-20 Energy Resources Levy Act 1976
1: Amendments relating to sections
4: New section 2A inserted (Transitional, savings, and related provisions)
After section 2
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
5: Section 6 amended (Exemptions from levy)
After section 6(2)
3: The exemption in subsection (1)(a)
2: Amendment relating to schedule
6: New Schedule 1 inserted
Insert the Schedule 1 set out in the Schedule |
LMS749642 | 2023 | Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023 | 1: Title
This Act is the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023.
2: Commencement
1: This Act comes into force on the day after the date on which it receives the Royal assent, except as provided in this section.
2: Section 221
3: Section 102(1) and (2)
4: Sections 12 38 50 51 54 88 114(6), (33), (34), and (35)
5: Section 114(9) and (16)
6: Sections 187 190 197 207 213(2)
7: Sections 76 124(7) 125(1) 113(1) 137(8) and (9) 139(2) and (3)
8: Section 137(19)
9: Sections 143(1) 144(2) and (4)
10: Sections 14(1) and (3) 62 63 64
11: Section 186(1) and (3)
12: Section 78(3) and (5)
13: Sections 70 71 85 86 87 89 91 114(2) and (14)
14: Section 102(3), (4), (5), and (6)
15: Sections 26 29 56 84 114(23) and (32)
16: Section 208(1) and (5)
17: Sections 19 48 60 114(24)
18: Sections 30 40 164
19: Section 61
20: Section 124(6)
21: Sections 37 81 83 183 184 185
22: Section 209
23: Sections 6(1), (3), (4), (5), and (6) 7(1), (3), (4), (6), and (7) 8(1) and (3) 9 22 35 39 41 42 43 44 45 46 47 66(2) 113 114(5), (11), and (29)
24: Sections 92 94 95 96 97 98 174 175
25: Sections 114(3) 213(3) 225 226 227
26: Section 119(2)
27: Sections 74 114(20) and (37) 162(6)
28: Section 119(4)
29: Sections 90 114(10) and (17) 123 137(1), (6), (20), and (21) 149 215 216 217 218 219 220
30: Sections 21 77 119(1) and (6) 186(2) and (4)
31: Section 119(8)
32: Sections 10 11 13 15 23 52 67 68 69 93 99 101 108 109 110 111 112 114(7), (12), (13), and (30) 122 156 162(3) 170 171 172 173
33: Section 118
34: Sections 20 49 53 65 114(15), (21), (22), and (36)
35: Sections 32 33 34 114(19)
36: Sections 14(2) and (4) 16 17 25 27 31 55 58 59 80 105 107 114(8) 116 119(5) 124(3), (8), (9), and (10) 125(2) 132(2) 113(2) 136(2) 137(2), (3), (7), (10), (13), (18), (22), (24), and (25) 139(1) 142(1) and (3) 143(2) 145 159 163 166 188(2) 192 193 195 198 205 208(2) and (4) 222 223
37: Sections 121(8) 124(4)
38: Sections 162(4), (7), and (9) 165 188(1) 189 191 201 202(3) 210 211 212
39: Sections 18 24 28 36 100 103 104 106 114(18) 121(2), (3), (4), (5), (6), and (7) 124(5) 126(1) 130 131 132(1), (4), and (5) 134 135 136 137(4), (5), (14), (15), (16), (17), (23), (27), and (28) 138 140 141 144(1), (3), and (5) 146 147 151 152(1), (3), (4), and (5) 153 154 155 167 168 169 199 208(3) 213(1)
40: Section 119(3)
41: Sections 124(1) and (2) 158(2)
42: Section 119(7)
1: Annual rates of income tax
3: Annual rates of income tax for 2022–23 tax year
Income tax imposed by section BB 1 schedule 1
2: Amendments to Income Tax Act 2007
4: Amendments to Income Tax Act 2007
This Part amends the Income Tax Act 2007 2023-03-31 Income Tax Act 2007 sections 6(1), (3), (4), (5) and (6), 7(1), (3), (4), (6) and (7), 8(1) and (3), 9–14(1) and (3), 15, 19–23, 26, 29, 30, 32–35, 37–54, 56, 60–65, 66(2), 67–71, 74, 76, 77, 78(3) and (5), 81, 83–99, 101, 102, 108–112, 114(2), (3), (5)-(7), (9), (11)-(17), (19)-(24), (29), (30), (32)-(37), 118, 119(1), (2), (4), (6) and (8) — (see s 2(3)-(35) for earlier application) 2023-04-01 Income Tax Act 2007 sections 14(2) and (4), 16, 17, 25, 27, 31, 55, 58, 59, 80, 105, 107, 114(8), 116, 119(5) — (see s (2)(36)); and also sections not specified above and below (see section 6(2)) 2024-04-01 Income Tax Act 2007 sections 18, 24, 28, 36, 100, 103, 104, 106, 114(18) (see s 2(39)) 2026-04-01 Income Tax Act 2007 s 119(3) (see s 2(40)) 2027-04-01 Income Tax Act 2007 s 119(7) (see s 2(41))
5: Section AA 1 amended (Purpose of Act)
1: In section AA 1(a) net income a net amount of income
2: In section AA 1
a: insert amount income
b: delete net income
6: Section CB 6A amended (Disposal within 10 years: Bright-line test for residential land)
1: After section CB 6A(1A) When this section does not apply
1AB: This section does not apply to a person’s disposal of residential land if—
a: the person first acquired an estate or interest in the land before 27 March 2021:
b: the land meets the requirements of section CB 6AB, CB 6AC, CB 6AE, or FB 3A
2: In section CB 6A(2B) person. person ( see also section FC 9
3: In section CB 6A(5B) acquired subsequent to converted subsequent to
4: In section CB 6A(5B) the date the joint tenancy was acquired the same as prior to the conversion
5: In section CB 6A(5C) acquired subsequent to converted subsequent to
6: In section CB 6A(5C) the date the tenancy in common in equal shares was acquired the same as prior to the conversion
7: Replace section CB 6A(5D) Land-owning person
5D: In the case and to the extent to which a person who owns land ( pre-existing land transfer land transfer land bright-line acquisition date
7: Section CB 6AB amended (Residential land transferred in relation to certain family trusts and other capacities)
1: Replace section CB 6AB(1), (2), and (3) Family trusts: transfers to trusts
1: The bright-line acquisition date for land, when a trustee of a trust ( trust A transferors
a: trust A is a rollover trust and the transferors are settlors and, at the time that the transferors transfer the land to the trustee,—
i: the transferors are beneficiaries of trust A; and
ii: at least 1 transferor is a principal settlor of trust A:
b: the transferors are trustees of a trust ( trust B
i: all the beneficiaries are the same as for trust B, and trust A is also a rollover trust:
ii: all the natural person beneficiaries are either the same as, or close family associates of a principal settlor of, trust B, and trust A is also a rollover trust. Family trusts: transfers from trusts
2: When persons (the transferees trust A
a: the transferees are settlors of trust A and had transferred the land to the trustee; and
b: the transferees acquire proportionally the same amount of land they had transferred to the trustee and, at the time that the trustee transfers the land to the transferees,—
i: the transferees are beneficiaries of trust A; and
ii: at least 1 transferee is a principal settlor of trust A; and
iii: trust A is a rollover trust. Other capacities
3: For the purposes of applying subsections (1)(a) and (2), the transferors and transferees may have different capacities in relation to the different criteria in those subsections ( for example
2: After section CB 6AB(2)(b)
c: trust A is a rollover trust and—
i: the transferees had not transferred the land to the trustee; and
ii: all transferees are principal settlors at the time that the trustee transfers the land to the transferees and also at the time that the trustee acquired the land.
3: In section CB 6AB(4) If a person transfers the same land to themselves in a different capacity, and there is no intervening transfer to a third party, If a person in 1 capacity transfers land to themselves in a different capacity,
4: In section CB 6AB(4) , and must not be to or from a person in their capacity of settlor, beneficiary, or trustee
5: Repeal section CB 6AB(5)(a)
6: Replace section CB 6AB(5)(d)
d: all beneficiaries are close family beneficiaries.
7: After section CB 6AB(6)(a)
ab: a trustee of another trust and at least 1 beneficiary of the other trust is a close family associate of a beneficiary of the relevant trust:
ac: any association, club, institution, society, organisation, or trust not carried on for the private profit of any person whose funds are applied wholly or principally to any civic, community, charitable, philanthropic, religious, benevolent, or cultural purpose, whether in New Zealand or elsewhere, and, in the case of it having 1 principal settlor only, the trust has 1 or more beneficiaries who are close family associates of the principal settlor:
8: Replace section CB 6AB(6)(c)
c: a company in which a 50% or more voting interest, or a 50% or more market value interest if a market value circumstance exists, is owned by a beneficiary of the trust that is—
i: a principal settlor of the trust:
ii: a close family associate of another beneficiary that is a principal settlor of the trust:
8: Section CB 6AC amended (Residential land transferred in relation to certain Māori family trusts)
1: Replace section CB 6AC(1), (2), and (3) Transfers to trusts
1: The bright-line acquisition date for land, when a Māori trustee of a trust ( trust A transferors
a: trust A is a Māori rollover trust and the transferors are settlors and, at the time that the transferors transfer the land to the trustee, the transferors are beneficiaries of trust A:
b: the transferors are Māori trustees of a trust ( trust B Transfers from trusts
2: When persons (the transferees trust A
a: the transferees are settlors of trust A and had transferred the land to the Māori trustee; and
b: the transferees acquire proportionally the same amount of land they had transferred to the Māori trustee and, at the time that the Māori trustee transfers the land to the transferees,—
i: the transferees are beneficiaries of trust A; and
ii: trust A is a Māori rollover trust; and
iii: the transferees are settlors of trust A. Other capacities
3: For the purposes of applying subsections (1)(a) and (2), the transferors and transferees may have different capacities in relation to the different criteria in those subsections ( for example
2: Repeal section CB 6AC(4)(a)
3: In section CB 6AC(5) , under section HF 2(3)(e)(i) (Who is eligible to be a Maori authority?)
9: Section CB 16A amended (Main home exclusion for disposal within 10 years)
Repeal section CB 16A(7)
10: Section CD 1 amended (Dividend)
1: After section CD 1(2) Exception: certain dividends derived by dual resident companies
3: Despite subsection (2), the income is allocated to the income year of the person in which the DRCD deferral date falls if the dividend—
a: is derived by a New Zealand resident company that is treated under a double tax agreement as not being resident in New Zealand; and
b: meets the requirements set out in section CW 10(1)(b) to (d), (5), and (6)
2: In section CD 1 company double tax agreement DRCD deferral date New Zealand resident resident in New Zealand
11: Section CD 14 amended (Notional distributions of emigrating companies)
1: In section CD 14(1) (Treatment of emigrating companies and their shareholders) or FL 3
2: In section CD 14(2) section FL 2 or FL 3
12: Section CD 15 amended (Tax credits linked to dividends)
1: In section CD 15(1)(a) dividend subject to any limitation to the imputation credit made under section LE 5
2: Subsection (1) applies for the 2008–09 and later income years.
13: Section CD 26 amended (Capital distributions on liquidation or emigration)
In section CD 26(1)(b) (Treatment of emigrating companies and their shareholders) or FL 3
14: Section CD 36 amended (Foreign investment fund income)
1: In section CD 36(2)
a: in paragraph (b), replace (ii). (ii); and
b: after paragraph (b), insert:
c: is not a unit trust or is a unit trust subject under Australian law to income tax on its income in the same way as a company.
2: After section CD 36(3) Distribution by Australian unit trust of funds from attributing interest in a foreign investment fund
4: An amount paid by a CFC to a person (the CFC distribution
a: if the CFC—
i: is a unit trust that is not subject under Australian law to income tax on its income in the same way as a company; and
ii: has an interest in a foreign investment fund (the FIF
b: if the interest of the CFC in the FIF is an attributing interest of the person (the indirect FIF interest section EX 59(1)
c: to the extent to which the CFC distribution is funded directly or indirectly from the indirect FIF interest.
3: Subsection (1) applies for income years starting on or after 1 July 2014.
4: Subsection (2) applies for income years starting on or after 1 April 2023.
15: Section CD 43 amended (Available subscribed capital (ASC) amount)
In section CD 43(16) (Treatment of emigrating companies and their shareholders) or FL 3
16: Section CE 1 amended (Amounts derived in connection with employment)
1: Replace section CE 1(3B)
3B: For the treatment of PAYE income payments made to a cross-border employee who undertakes employment services in New Zealand, see section CE 1F
2: In section CE 1 cross-border employee
17: New section CE 1F inserted (Treatment of amounts derived by cross-border employees)
After section CE 1E
CE 1F: Treatment of amounts derived by cross-border employees
When this section applies
1: This section applies in certain circumstances when an employer pays a PAYE income payment to a cross-border employee who provides services in New Zealand. For this purpose, the payment may include an amount paid to the person after they have left New Zealand that is a payment for services provided by the person while they were in New Zealand. Amounts treated as derived 20 days after payment
2: When the employee remains on the employer’s payroll system in a country or territory outside New Zealand, the PAYE income payment is treated as derived by them on the 20th day after payment when the employer chooses to deliver their employment income information under section 23J(3) of the Tax Administration Act 1994 Employees undertaking tax obligations
3: When an amount of tax is not withheld or when payment is insufficient as described in section RD 21, RD 62B, or RD 71B Meaning of cross-border employee
4: For the purposes of this section and sections CE 1(3B), RA 15(4B), RD 62B, RD 65, and RD 71B, and sections 23IB, 120B, and 141ED of the Tax Administration Act 1994 cross-border employee
a: means—
i: for a person providing a service in New Zealand, an employee of a non-resident employer:
ii: for a person providing a service outside New Zealand, a resident employee; and
b: includes a secondee or a person who provides a service for or on behalf of a person who is not resident in New Zealand. amount of tax, cross-border employee, employee, employer, employment income information, fringe benefit, New Zealand, non-resident, pay, PAYE income payment, resident
18: Section CE 1F amended (Treatment of amounts derived by cross-border employees)
1: After section CE 1F(3) Meeting or correcting employment-related tax obligations
3B: Subsection (3C) applies when the employer or other person that the PAYE rules apply to under section RD 2(2)
a: the employee is a New Zealand resident working outside New Zealand for a period, and during that period the employee receives an unexpected PAYE income payment:
b: the employee is present in New Zealand for a period during which they—
i: have breached a threshold under section CW 19
ii: have breached a threshold set out in a double tax agreement:
iii: have received an unexpected PAYE income payment in the period. Grace period
3C: The employer or other person that the PAYE rules apply to has a 60-day period within which they must make a reasonable effort to meet or correct their tax obligations relating to the PAYE income payments, employer superannuation cash contributions, or fringe benefits made or provided to the employee for the time the employee was in New Zealand. Timing
3D: The 60-day period referred to in subsection (3C) starts to run from the earlier of—
a: the date of the breach or the payment, as applicable:
b: the date on which the employer could reasonably foresee that a breach or a payment, as applicable, will occur. Grace period when employee has undertaken obligations
3E: When the employee has undertaken to meet their employment-related tax obligations under subsection (3) for the period during which they are in New Zealand, the employee may be treated as the employer for the purposes of subsection (3C), making the grace period available to the employee.
2: In section CE 1F double tax agreement
19: Section CQ 5 amended (When FIF income arises)
1: In section CQ 5(1)(c)(viii) purchase
2: In section CQ 5 employee share scheme
20: Section CR 4 amended (Income for general insurance outstanding claims reserve)
1: In section CR 4(1)(a)(i) Appendix D or IFRS 17
2: Replace section CR 4(3)(a)(ii)
ii: the amount of the insurer’s closing outstanding claims reserve, for general insurance contracts not referred to in subparagraph (iii), used by the insurer for tax purposes for the prior year, if the current year is the first year for which this section applies to the insurer, or for which the insurer adopts IFRS 17, or for which the insurer applies for the first time in a tax calculation the definition of present value (gross) section EY 24(5)
3: In section CR 4 IFRS 17 present value (gross)
4: Subsections (1), (2), and (3) apply for income years starting on or after 1 January 2023.
21: Section CV 12 amended (Trustees: amounts received after person’s death)
1: In section CV 12 section HC 8 section HC 8(2)
2: Subsection (1) applies for the 2022–23 and later income years.
22: New section CW 3C inserted (Certain subdivisions of land)
After section CW 3
CW 3C: Certain subdivisions of land
Exempt income
1: An amount that a person derives from disposing of land is exempt income if they are a co-owner of the land and—
a: the land is disposed of by the person to themselves and other co-owners, but to no third parties by any co-owner; and
b: as between the co-owners, the value of the land disposed of by them to each of themselves is proportionate to the value contributed by each co-owner for their acquisition of the land. For example Exception: 5% safe harbour
2: Despite subsection (1), if the person has the smallest proportion of the land as between co-owners and the land’s value at the time of disposal is not exactly proportionate to the acquisition value as between co-owners, income derived by the person from disposing of the land is nevertheless exempt income if the difference between the actual disposal proportion and the proportion required by subsection (1) for an exemption is less than 5%. amount, dispose, exempt income, land, person
23: Section CW 10 amended (Dividend within New Zealand wholly-owned group)
1: Replace the heading to section CW 10(1) Exempt income: dividends within wholly-owned groups
2: Replace section CW 10(1)(a)
a: it is derived by a company (the recipient
i: not a foreign company; or
ii: a New Zealand resident company that is treated under a double tax agreement as not being resident in New Zealand; and
3: In section CW 10(1)(e) met. met; and
4: After section CW 10(1)(e)
f: for a dividend derived by a company described in paragraph (a)(ii), 1 or more of the following apply:
i: the recipient is treated as not being resident in New Zealand under a double tax agreement between New Zealand and Australia:
ii: immediately after the dividend is derived by the recipient, the recipient has only shareholders that would have full relief from New Zealand tax under a double tax agreement on a dividend paid to them at that time by the recipient if the recipient were treated as being a company that is not a foreign company:
iii: the total amount of dividends derived by the recipient from the payer is less than $1 million in each 12-month period that includes the date on which the dividend is derived by the recipient:
iv: the recipient becomes a company that is not a foreign company within 2 years of the date on which it derived the dividend and does not itself pay a dividend in the period that starts on the date on which it derived the dividend and ends on the date on which it becomes a company that is not a foreign company.
5: After section CW 10(1) Exempt income: fully imputed dividends within wholly-owned groups
1B: A dividend is exempt income to the extent to which it is fully imputed if—
a: it is derived by a company described in subsection (1)(a)(ii); and
b: the requirements of subsection (1)(b) to (e) are met; and
c: the requirement of subsection (1)(f) is not met.
6: In section CW 10 amount double tax agreement fully imputed New Zealand resident New Zealand tax shareholder
24: Section CX 1 amended (Goods and services tax)
After section CX 1(b)
c: a flat-rate credit referred to in sections 8C(3) and (4) and 20(3)(de), (3JD), (3N), and (4E)
25: Section CX 9 amended (Subsidised transport)
1: In section CX 9 employee , unless section CX 19C or CX 19D
2: Subsection (1) applies to fringe benefits provided on or after 1 April 2023.
26: Section CX 10 amended (Employment-related loans)
1: In section CX 10(2)(b) a share purchase scheme an exempt ESS
2: In section CX 10
a: insert exempt ESS
b: delete share purchase scheme
27: New sections CX 19C and CX 19D inserted
1: After section CX 19B
CX 19C: Certain public transport
Travel between home and work
1: A fare that an employer subsidises mainly for the purposes of an employee travelling between their home and place of work is not a fringe benefit if the fare—
a: is a public transport fare for 1 or more of the following:
i: bus service:
ii: rail vehicle:
iii: ferry:
iv: cable car:
b: is partly funded by the Total Mobility Scheme administered by Waka Kotahi. Meaning of bus service
2: Bus service
a: a service that can be reserved for use by a single person or a self-selected group of people:
b: a shuttle service as defined in section 5 of the Land Transport Management Act 2003 Meaning of public transport fare
3: Public transport fare Meaning of rail vehicle
4: Rail vehicle section 4(1) of the Railways Act 2005 bus service, employee, fringe benefit, public transport fare, rail vehicle
CX 19D: Certain self-powered and low-powered vehicles and vehicle-share services
Self-powered or low-powered vehicles
1: A vehicle that an employer provides to an employee for the main purpose of the employee travelling between their home and place of work is not a fringe benefit if the vehicle is—
a: a bicycle:
b: an electric bicycle:
c: a scooter:
d: an electric scooter:
e: any other vehicle declared under section 168A of the Land Transport Act 1998
i: a mobility device; or
ii: not a motor vehicle. Payment of vehicle-share service costs
2: A benefit that an employer provides to an employee in the form of assistance with the payment of the employee’s costs of using a vehicle-share service for the main purpose of an employee travelling between their home and place of work is not a fringe benefit if the vehicle-share service provides use of 1 or more of the following vehicles to the employee:
a: a bicycle:
b: an electric bicycle:
c: a scooter:
d: an electric scooter:
e: any other vehicle declared under section 168A of the Land Transport Act 1998
i: a mobility device; or
ii: not a motor vehicle. Regulations
3: For the purposes of subsections (1) and (2), the Governor-General may, by Order in Council made on the recommendation of the Minister of Revenue, make regulations specifying—
a: the maximum allowable cost of the vehicle referred to in subsection (1); and
b: requirements for any vehicle referred to in subsections (1) and (2). Meaning of vehicle-share service
4: In this section, vehicle-share service employee, employer, fringe benefit
2: Subsection (1) applies to fringe benefits provided on or after 1 April 2023.
28: Section CX 26 amended (Non-liable payments)
1: In section CX 26
a: as a subsection heading after the section title, Employees’ PAYE income payments
b: as a new subsection: Benefit provided during time spent in New Zealand
2: Despite subsection (1), some or all of a benefit received by an employee who is not resident in New Zealand but derives a PAYE income payment that is taxable in New Zealand is a fringe benefit only to the extent to which the benefit relates to time spent by the employee in New Zealand.
2: In section CX 26 New Zealand resident
29: Section CX 35 amended (Meaning of employee share loan)
1: In section CX 35(2)(b) a share purchase scheme an exempt ESS
2: In section CX 35 exempt ESS
30: Section CX 47 amended (Government grants to businesses)
1: In section CX 47(1)(a) or a public authority , a public authority, or a public purpose Crown-controlled company
2: In section CX 47 public purpose Crown-controlled company
31: Section CX 57B amended (Amounts derived during periods covered by calculation methods)
In section CX 57B(1)
a: replace other than , that is not
b: after in a FIF or a dividend to which section CD 36(4)
32: New section CZ 23B inserted (Employee benefits for North Island flooding events: exempt income)
1: After section CZ 23
CZ 23B: Employee benefits for North Island flooding events: exempt income
Exempt income
1: Income derived by an employee from an employer is exempt income to the extent given by subsection (2) if the income—
a: would be assessable income in the absence of this section; and
b: is provided by the employer for the purpose of relief of employees from the adverse effects of a North Island flooding event; and
c: is derived in the period of 8 weeks beginning on the first day of the relevant North Island flooding event; and
d: does not replace a PAYE income payment; and
e: does not depend on the seniority of the employee; and
f: is available to another employee, who is not an associated person of the employer and is or was immediately before a North Island flooding event in full-time employment with the employer, if the employee is an associated person of the employer; and
g: is treated by the employer as being exempt income for the employee. Extent of exemption
2: Income satisfying subsection (1) is exempt income to the extent to which the income is—
a: accommodation:
b: less than or equal to $5,000 in total, if the income is in a form other than accommodation. accommodation, assessable income, employee, employer, exempt income, fringe benefit, income, North Island flooding event
2: Subsection (1) applies to payments made on or after the beginning of the relevant North Island flooding event.
33: New section CZ 24B inserted (Employee benefits for North Island flooding events relief: not fringe benefits)
1: After section CZ 24
CZ 24B: Employee benefits for North Island flooding events relief: not fringe benefits
When this section applies
1: This section applies when an employee receives from an employer a benefit that—
a: would be a fringe benefit in the absence of this section; and
b: is for the purpose of the relief of employees from the adverse effects of a North Island flooding event; and
c: is received in the period of 8 weeks beginning on the first day of the relevant North Island flooding event; and
d: does not replace a PAYE income payment; and
e: does not depend on the seniority of the employee; and
f: is available to another employee, who is not an associated person of the employer and is or was immediately before the relevant North Island flooding event in full-time employment with the employer, if the employee is an associated person of the employer; and
g: is treated by the employer as not being a fringe benefit. Benefits with known value for employee
2: Benefits satisfying subsection (1) that would, in the absence of this section, be fringe benefits having a value for the employee that the employer could estimate, are not fringe benefits to the extent to which their total value as fringe benefits for the period would be less than or equal to the amount by which $5,000 exceeds the income that is—
a: exempt under section CZ 23B(2)(b)
b: derived by the employee from the employer in the same period. Benefits without known value for employee
3: Benefits satisfying subsection (1) that would, in the absence of this section, be fringe benefits having a value for the employee that the employer could not estimate, are not fringe benefits. associated person, employee, employer, exempt income, fringe benefit, income, PAYE income payment, North Island flooding event
2: Subsection (1) applies to payments made on or after the beginning of the relevant North Island flooding event.
34: New section CZ 29B inserted (Accommodation expenditure: North Island flooding events)
After section CZ 29
CZ 29B: Accommodation expenditure: North Island flooding events
When this section applies
1: This section applies for the purposes of section CW 16B
a: the employment duties of an employee require them to work on a project of limited duration for rebuilding or recovery, including the repair and reconstruction of land, infrastructure, and other property in the areas affected by the North Island flooding events; and
b: the distant workplace is a workplace in the areas affected by the North Island flooding events. Exempt income
2: The value provided or expenditure incurred by the employer of the employee for or in relation to the accommodation is exempt income of the employee. Modified definition of project of limited duration
3: Despite paragraph (c)(iii) of the definition of project of limited duration section CW 16C(2)(d) Time limit extension
4: The time limit imposed by subsection (3) may be extended or modified by Order in Council made—
a: on the recommendation of the Minister of Revenue; and
b: before the time limit in subsection (3) that applies immediately before the Order in Council comes into force. Definitions for this section
5: In this section,—
a: rebuilding
i: extending, repairing, improving, subdividing, or converting any land, infrastructure, or other property; and
ii: rebuilding communities:
b: recovery Relationship with section CZ 30
6: Section CZ 30 accommodation, distant workplace, employee, employer, exempt income, land, North Island flooding event
35: Section CZ 39 amended (Disposal within 5 years: bright-line test for residential land: acquisition on or after 29 March 2018)
1: After section CZ 39(1) When this section does not apply
1B: This section does not apply to a person’s disposal of residential land if the land meets the requirements of section CB 6AB, CB 6AC, CB 6AE, or FB 3A
2: In section CZ 39(5B) acquired subsequent to converted subsequent to
3: In section CZ 39(5B) the joint tenancy was acquired was the person’s bright-line acquisition date for the land prior to the conversion
4: In section CZ 39(5C) acquired subsequent to converted subsequent to
5: In section CZ 39(5C) the tenancy in common was acquired was the person’s bright-line acquisition date for the land prior to the conversion
6: In section CZ 39(7) person. person ( see also section FC 9
7: Replace section CZ 39(5D) Land-owning person
5D: In the case and to the extent to which a person who owns land ( pre-existing land transfer land transfer land bright-line acquisition date
36: Section DB 2 amended (Goods and services tax)
After section DB 2(2) Treatment of flat-rate credit
2B: For the purposes of subsections (1) and (2), an underlying supplier referred to in section 8C of the Goods and Services Tax Act 1985
37: Section DB 53 amended (Attributed PIE losses of certain investors)
1: Replace section DB 53(1)(b)
b: either—
i: the investor is a zero-rated investor; or
ii: the PIE calculates its tax liability using the quarterly calculation option under section HM 43 section HM 61
2: In section DB 53 zero-rated investor
38: New heading and new section DB 68 inserted
1: After section DB 67 Utilities distribution assets
DB 68: Amounts paid for utilities distribution assets
When this section applies
1: This section applies when a person incurs expenditure in relation to either a utilities distribution asset or a utilities distribution network. Determining whether expenditure of capital nature
2: For the purpose of determining whether the expenditure is capital in nature, the expenditure is treated as relating to a utilities distribution asset and is treated as not being incurred in relation to a utilities distribution network. utilities distribution asset, utilities distribution network
2: Subsection (1) applies for the 2008–09 and later income years. However, subsection (1) does not apply for an income year before the 2024–25 income year if the person has—
a: taken a position in a return of income filed on or before 31 March 2022 that ignores subsection (1):
b: a binding ruling that ignores subsection (1).
39: Section DD 11 amended (Some definitions)
Repeal section DD 11 business premises
40: Section DF 1 amended (Government grants to businesses)
1: In section DF 1(1)(a) or a public authority , a public authority, or a public purpose Crown-controlled company
2: In section DF 1(1B) or public authority authority, public authority, or public purpose Crown-controlled company
3: In section DF 1(3)(a) or public authority authority, public authority, or public purpose Crown-controlled company
4: In section DF 1 public purpose Crown-controlled company
41: Section DG 5 amended (Meaning and treatment of interest expenditure for this subpart)
1: After section DG 5(2)(c)
d: despite paragraphs (a) and (b), a person must apportion an amount of interest expenditure for the income year using the formula in section DG 9(2) expenditure
i: the interest expenditure is for disallowed residential property that is an asset; or
ii: the interest expenditure is for acquiring an ownership interest in, or to become a beneficiary of, an interposed residential property holder and the interposed residential property holder has an asset at any time during the income year.
2: In section DG 5 beneficiary disallowed residential property interposed residential property holder
42: Section DG 11 amended (Interest expenditure: close companies)
1: Replace section DG 11(1)(b)
b: the company incurs interest expenditure for the income year.
2: In section DG 11 beneficiary disallowed residential property interposed residential property holder
43: Section DH 6 amended (Interposed residential property percentage)
1: In section DH 6(2)(a)(i) DH 4(1) to (3) DH 4
2: Repeal section DH 6(2)(a)(ii)
44: Section DH 7 amended (Grandparented residential interest)
In the heading to section DH 7(2) balance principal
45: Section DH 9 repealed (Exception to limited denial of deductions: loans denominated in foreign currencies)
Repeal section DH 9
46: Section DH 10 amended (Limited denial of deductibility: simplified calculation of interest affected)
In section DH 10(6)(e) under section DH 7(4) against the notional loan principal under section DH 7(4)
47: Section DH 12 amended (Valuation)
Replace the heading to section DH 12(2) Other property
48: Section DN 6 amended (When FIF loss arises)
1: In section DN 6(1)(c)(viii) purchase
2: In section DN 6 employee share scheme
49: Section DW 4 amended (Deduction for general insurance outstanding claims reserve)
1: In section DW 4(1)(a)(i) Appendix D , or IFRS 17
2: In section DW 4(4)(a)(i) year , if none of subparagraphs (ii), (iii), and (iv) applies
3: In section DW 4(4)(a)(ii) insurer: insurer; or
4: After section DW 4(4)(a)(ii)
iii: the amount of the insurer’s reserve for outstanding claims liability, calculated at the end of the prior year using the basis the insurer used for tax purposes in that prior year for general insurance contracts, if the insurer is a general insurer and the current year is the first year in which the insurer adopts IFRS 17 for general insurance contracts; or
iv: the amount of the insurer’s reserve for outstanding claims liability, calculated at the end of the prior year using the basis the insurer used for tax purposes in that prior year for general insurance contracts, if the insurer is a life insurer with general insurance contracts who does not adopt IFRS 17 in the current year and the current year is the first year in which the insurer applies the definition of present value (gross) section EY 24(5)
5: In section DW 4(4B) risk margin risk adjustment
6: In section DW 4(4C)(c)
a: replace risk margin risk adjustment
b: replace appropriate margin appropriate adjustment
c: replace the margin the adjustment
7: In section DW 4 IFRS 17 present value (gross)
8: Subsections (1), (2), (3), (4), (5), (6), and (7) apply for income years starting on or after 1 January 2023.
50: Section EE 6 amended (What is depreciable property?)
1: After section EE 6(2) Property: utilities distribution assets
2B: For the purposes of this subpart, utilities distribution assets are separate items of property.
2: In section EE 6 utilities distribution asset
3: Subsections (1) and (2) apply for the 2008–09 and later income years. However, subsections (1) and (2) do not apply for an income year before the 2024–25 income year, if the person has—
a: taken a position in a return of income filed on or before 31 March 2022 that ignores subsections (1) and (2):
b: a binding ruling that ignores subsections (1) and (2).
51: Section EE 7 amended (What is not depreciable property?)
1: Before section EE 7(g)
fc: a utilities distribution network, to the extent to which it is treated as an item of property separate from the relevant utilities distribution assets:
2: In section EE 7 utilities distribution asset utilities distribution network
3: Subsections (1) and (2) apply for the 2008–09 and later income years. However, subsections (1) and (2) do not apply for an income year before the 2024–25 income year if the person has—
a: taken a position in a return of income filed on or before 31 March 2022 that ignores subsections (1) and (2):
b: a binding ruling that ignores subsections (1) and (2).
52: Section EE 31 amended (Annual rate for item acquired in person’s 1995–96 or later income year)
In section EE 31(1) (Treatment of emigrating companies and their shareholders) or FL 3(2)
53: Section EW 15B amended (Applying IFRSs to financial arrangements)
1: After section EW 15B(4) Agreed spreading methods for life financial reinsurance
5: A life insurer who, in an income year, is a party to a life financial reinsurance contract (the reinsurance contract section 6A of the Tax Administration Act 1994 Deed of settlement requirements
6: The deed of settlement must—
a: be entered into by the life insurer and the Commissioner before 1 January 2023; and
b: require the life insurer to use for the income year a method (the agreed spreading method
2: In section EW 15B Commissioner expenditure income year life financial reinsurance life insurer reinsurance contract
3: Subsections (1) and (2) apply for income years starting on or after 1 January 2023.
54: Section EW 15D amended (IFRS financial reporting method)
Replace section EW 15D(3)(a)
a: for a financial arrangement accounted for under the fair value method, a movement in fair value—
i: through a decline in the credit quality of the arrangement; or
ii: through an improvement in the credit quality of the arrangement to the extent to which it offsets earlier movements in fair value described in subparagraph (i):
55: Section EW 24 amended (Consistency of use of spreading method)
1: In section EW 24(3) Section EW 26 sets out Sections EW 26 and HM 35(8)(c)
2: Subsection (1) applies to the 2023–24 and later income years.
56: Section EW 46C amended (Consideration when debt remitted within economic group)
1: In section EW 46C(6) nominal shares a share purchase scheme an exempt ESS
2: In section EW 46C exempt ESS
57: New section EW 46D inserted (Consideration when insolvent company’s debt repaid with consideration received for issuing shares)
After section EW 46C
EW 46D: Consideration when insolvent company’s debt repaid with consideration received for issuing shares
When this section applies
1: This section applies when—
a: a company is a debtor; and
b: the debtor or a person ( person A person B
c: under the arrangement, the debtor or person A issues shares to person B for consideration; and
d: the debtor does not satisfy the solvency test set out in section 4 of the Companies Act 1993
i: immediately before the arrangement is entered into:
ii: immediately before the issue of the shares; and
e: the terms of the arrangement require the debtor or person A to use some or all of the consideration to pay, directly or indirectly, an amount of the debtor’s debt to the creditor; and
f: section EW 46C
g: the debtor or person A uses some or all of the consideration to pay, directly or indirectly, the amount of the debtor’s debt to the creditor. Consideration
2: The debtor or person A, as applicable, is treated as—
a: not having paid, directly or indirectly, the amount of the debtor’s debt to the creditor; and
b: having made a payment, at the time the shares were issued, of an amount of the debtor’s debt to the creditor equal to the amount calculated using the formula in subsection (3). Formula
3: The formula is— shares’ market value × repayment ÷ total consideration. Definition of items in formula
4: In the formula,—
a: shares’ market value
b: repayment
c: total consideration amount, arrangement, associated person, company, consideration, market value, pay, share
58: Section EX 20B amended (Attributable CFC amount)
1: Replace section EX 20B(3)(c)
c: an amount that is not a distribution from an associated non-attributing active CFC and is—
i: a deductible foreign equity distribution (the distribution)
ii: a distribution for fixed-rate foreign equity:
2: Subsection (1) applies for income years starting on or after 1 April 2023.
59: Section EX 20C amended (Net attributable CFC income or loss)
1: In section EX 20C(10)(b) of the CFC , other than a deductible foreign equity distribution (the distribution section EX 59(1)
2: Subsection (1) applies for income years starting on or after 1 April 2023.
60: Section EX 38 amended (Exemptions for employee share schemes)
In section EX 38(1)(f) a employee share scheme an employee share scheme
61: Section EX 46 amended (Limits on choice of calculation methods)
In section EX 46(10)
a: replace paragraph (c)(ii) with:
ii: are denominated in New Zealand dollars or are assets having a value in New Zealand dollars that is governed by 1 or more related financial arrangements that remove 80% to 125% of foreign currency risk for the assets and are entered with the sole purpose and net effect of offsetting exposure to foreign currency exchange rate movement in the value of the assets:
b: replace paragraph (cb)(iii) with:
iii: the interest has a value in New Zealand dollars that is governed by 1 or more related financial arrangements that remove 80% to 125% of foreign currency risk for the interest and are entered with the sole purpose and net effect of offsetting exposure to foreign currency exchange rate movement in the value of the interest:
62: Section EX 52 amended (Fair dividend rate annual method)
1: Replace section EX 52(5)
5: Opening value
a: meets the requirements of section EX 35(b)(i) to (iii)
b: does not have its liability for income tax reduced by an exemption, allowance, or relief referred to in section EX 35(c)(i) or (ii)
c: is not a unit trust or is a unit trust subject under Australian law to income tax on its income in the same way as a company.
2: Subsection (1) applies for income years starting on or after 1 July 2014.
63: Section EX 53 amended (Fair dividend rate periodic method)
1: Replace section EX 53(5)
5: Opening value
a: meets the requirements of section EX 35(b)(i) to (iii)
b: does not have its liability for income tax reduced by an exemption, allowance, or relief referred to in section EX 35(c)(i) or (ii)
c: is not a unit trust or is a unit trust subject under Australian law to income tax on its income in the same way as a company.
2: Subsection (1) applies for income years starting on or after 1 July 2014.
64: Section EX 59 amended (Codes: comparative value method, deemed rate of return method, fair dividend rate method, and cost method)
1: In section EX 59(1B)(b) (ii). (ii); and
2: After section EX 59(1B)(b)
c: is not a unit trust or is a unit trust subject under Australian law to income tax on its income in the same way as a company.
3: Subsections (1) and (2) apply for income years starting on or after 1 July 2014.
65: Section EY 24 amended (Outstanding claims reserving amount: non-participation policies not annuities)
1: In section EY 24(2)(a)(i) the amount if subparagraphs (ii), (iii), and (iv) do not apply,
2: In section EY 24(2)(a)(ii) IBNR liability liability for claims incurred but not reported
3: After section EY 24(2)(a)(ii)
iii: if the current year is the first year in which the insurer adopts IFRS 17 for accounting, the amount of the insurer’s reserve for outstanding claims liability for the class of policies, calculated at the end of the prior year using the basis the insurer used for tax purposes in that prior year; or
iv: if the insurer does not adopt IFRS 17 in the current year and the current year is the first year in which the insurer applies the definition of present value (gross)
4: In section EY 24(3)
a: replace life risk claims incurred life risk claims incurred but not reported
b: replace risk margin risk adjustment
5: In section EY 24(4)(a) life risk claims incurred life risk claims incurred but not reported
6: In section EY 24(4)(c)
a: replace risk margin risk adjustment
b: replace margin adjustment
7: After section EY 24(4) Determining the present value (gross) of life risk components of claims
5: For the purposes of calculating a life insurer’s outstanding claims reserve under this section for a class of policies, present value (gross)
a: using the discount rates that would be used in calculating the present value, gross of tax, of the life risk component for the purposes of the financial statements of the life insurer; and
b: gross of tax; and
c: net of GST.
8: In section EY 24 GST IFRS 17 life insurance policy life reinsurance policy outstanding claims reserve tax
9: Subsections (1), (2), (3), (4), (5), (6), (7), and (8) apply for income years starting on or after 1 January 2023.
66: Section FC 9 amended (Residential land transferred to executor, administrator, or beneficiary on death of person)
1: In section FC 9(2) administrator. administrator ( see also ections CB 6A(2B) and CZ 39(7)
2: After section FC 9(3) Rollover relief extended
4: Despite subsection (3), if the residential land is transferred by a beneficiary of the deceased person on or after 1 April 2022 to a person who is a recipient as described in section FC 9B(a) to (e) sections CB 6A and CZ 39
67: Section FL 1 amended (What this subpart does)
1: Replace section FL 1(1)
1: This subpart applies when a company that is a New Zealand resident (the emigrating company
a: stops being a New Zealand resident; or
b: starts being treated under a double tax agreement as not being a New Zealand resident.
2: In section FL 1(2)
3: In section FL 1
68: Section FL 2 replaced (Treatment of emigrating companies and their shareholders)
Replace section FL 2
FL 2: Treatment of companies that become non-resident and their shareholders
When this section applies
1: This section applies in relation to a New Zealand resident company that—
a: either—
i: is not treated under a double tax agreement as not being a New Zealand resident; or
ii: has been treated under a double tax agreement as not being a New Zealand resident since before 30 August 2022; and
b: stops being a New Zealand resident. Treatment of company
2: Immediately before the company stops being a New Zealand resident, the company is treated as—
a: disposing of its property to a person, and reacquiring the property from the person, for consideration equal to the market value of the property at the time; and
b: making a distribution in money as a dividend to its shareholders of an amount that would be available for distribution at the time if the company were treated as going into liquidation. Treatment of shareholders
3: Immediately before the company stops being a New Zealand resident, each shareholder of the company is treated as being paid a distribution in money as a dividend of the amount the shareholder would be entitled to at the time if the company were treated as going into liquidation. amount, company, dividend, double tax agreement, liquidation, market value, New Zealand resident, pay, shareholder
69: New section FL 3 inserted (Treatment of companies that start being treated as non-resident and their shareholders)
After section FL 2
FL 3: Treatment of companies that start being treated as non-resident and their shareholders
When this section applies
1: This section applies in relation to a New Zealand resident company that, on or after 30 August 2022, starts being treated under a double tax agreement (the DTA
a: the company takes a tax position in a return of income that is consistent with relief from New Zealand tax being available under the DTA for an amount of income derived by the company on the basis that the company is treated under the DTA as not being a New Zealand resident:
b: the company becomes a non-resident:
c: the company has been treated under the DTA as not being a New Zealand resident for a continuous period of 2 years starting on the day on which it receives a competent authority determination that it is treated under the DTA as not being a New Zealand resident. Treatment of company
2: Immediately before the company starts being treated under the DTA as not being a New Zealand resident, the company is treated as—
a: disposing of its property to a person, and reacquiring the property from the person, for consideration equal to the market value of the property at the time; and
b: making a distribution in money as a dividend to its shareholders at the time of an amount that would be available for distribution at the time if the company were treated as going into liquidation. Treatment of shareholders
3: Immediately before the company starts being treated under the DTA as not being a New Zealand resident, each shareholder of the company at the time is treated as being paid a distribution in money as a dividend of the amount the shareholder would be entitled to at the time if the company were treated as going into liquidation. Timing of income: company
4: An amount of income derived by the company from a deemed disposal under subsection (2) is allocated to the income year of the company in which the earliest of the events described in subsection (1)(a) to (c) occurs. Timing of income: shareholders
5: A dividend that a shareholder of the company at the time referred to in subsection (3) is treated as being paid under that subsection is allocated to the income year of the shareholder in which the earliest of the events described in subsection (1)(a) to (c) occurs. Relationship with section CD 1
6: This section overrides section CD 1(2) amount, company, competent authority, dividend, double tax agreement, income, income year, liquidation, market value, New Zealand resident, New Zealand tax, non-resident, pay, return of income, shareholder, tax position
70: Section FM 31 amended (Eligibility rules)
1: Repeal section FM 31(1)(b) and (e)
2: In section FM 31 foreign company income tax
71: Section FN 4 amended (Eligibility rules)
Replace section FN 4(1)(d)
d: it is required to maintain an imputation credit account ( see sections OB 1 and OB 2
72: Section FZ 9 amended (Transfers of trading stock to non-associates, donee organisations, or public authorities)
In section FZ 9(c)(i) 16 March 2022 31 March 2024
73: Section GB 28 amended (Interpretation of terms used in section GB 27)
In section GB 28(6)(a)(ii) or more
74: Section GC 13 amended (Calculation of arm’s length amounts)
In section GC 13(1C) 1.122 1.142
75: Section HA 7 amended (Shareholding requirements)
In section HA 7(3)(a) or adoption,
76: Section HB 13 amended (LTC elections)
In section HB 13(6) values timings and values
77: Section HC 8 amended (Amounts received after person’s death)
1: After section HC 8(1) Reportable income received within 28 days after person’s death
1B: The trustee may treat an amount of reportable income received by the trustee within the period of 28 days starting with the date of the person’s death as if it were income that was derived by the person before being received by the trustee.
2: In section HC 8(2) The amount An amount not treated as being derived by the person under subsection (1B)
3: In section HC 8 reportable income
4: Subsections (1) and (2) apply for the 2022–23 and later income years.
78: Section HC 26 amended (Foreign-sourced amounts: resident trustees)
1: In section HC 26(1) New Zealand resident trustee resident trustee of a foreign trust
2: In section HC 26(1)(c) foreign trust trust
3: In section HC 26(1)(c)(i) trust deed or a will or other document that creates and governs the trust
4: In section HC 26(1)(d) foreign trust trust
5: In section HC 26(1)(d)(i) trust deed or a will or other document that creates and governs the trust
6: In section HC 26(1B) subsection (1)(c)(v) or (d)(iv) subsection (1)(c)(iii), (iv), or (v) or (d)(ii), (iii), or (iv)
7: Replace section HC 26(1B)(b)
b: satisfy the Commissioner that the trustee made reasonable efforts in the income year to comply with the requirements referred to in the subparagraph and to remedy the non-compliance.
79: Section HC 36 amended (Trusts and minor beneficiary rule)
In section HC 36(5) relative adoption, as described in paragraph (a)(iv), or
80: Section HM 35 amended (Determining net amounts and taxable amounts)
1: In section HM 35(8)(a) these valuations these valuations and paragraph (c) does not apply to the income and deductions
2: In section HM 35(8)(b) paragraph (a). paragraph (a) and paragraph (c) does not apply to the income and deductions:
3: After section HM 35(8)(b)
c: given by Determination G27: Swaps
4: Subsections (1), (2), and (3) apply for the 2023–24 and later income years.
81: Section HM 40 replaced (Deductions for attributed PIE losses for zero-rated and exiting investors)
Replace section HM 40
HM 40: Deductions for attributed PIE losses for zero-rated and exiting investors equal to amount attributed
The deduction an investor referred to in section DB 53(1) amount, exit period, income year
82: Section HR 12 amended (Non-exempt charities: treatment of tax-exempt accumulations)
In section HR 12(3)(d) the Te Te
83: New section IB 2B inserted (When subsequent ownership continuity breach regarded as occurring)
1: After section IB 2
IB 2B: When subsequent ownership continuity breach regarded as occurring
For the purposes of this subpart, once an ownership continuity breach has occurred for a company that, in the absence of section IB 3 section IA 5(2) and (3) continuity period company, continuity period, income year, loss balance, market value interest, ownership continuity breach, tax loss, tax loss component, tax year, voting interest
2: Subsection (1) applies in relation to a breach of the requirements for continuity of ownership of section IA 5 if the breach occurs during the 2020–21 income year or a later income year.
84: Section IC 4 amended (Common ownership: wholly-owned groups of companies)
1: Replace the heading to section IC 4(2) Exempt employee share schemes
2: In section IC 4(2) a share purchase scheme an exempt ESS
3: In section IC 4
a: insert exempt ESS
b: delete share purchase scheme
85: Section IC 5 amended (Company B using company A’s tax loss)
1: In section IC 5(1)(b) residence
2: After section IC 5(7) Commonality periods starting before 15 March 2017 for tax years after 1990–91
8: Section IZ 7B
3: In section IC 5 commonality period
86: Section IC 7 amended (Residence of company A)
1: Replace the heading to section IC 7 Place of incorporation or carrying on business
2: Repeal section IC 7(2)
3: In section IC 7 double tax agreement income tax resident in New Zealand
87: New section IZ 7B inserted (Grouping tax losses for commonality periods starting before 15 March 2017 for tax years after 1990–91)
After section IZ 7
IZ 7B: Grouping tax losses for commonality periods starting before 15 March 2017 for tax years after 1990–91
For the purposes of section IC 5(1)(b) section IC 7(1)
a: treated under a double tax agreement, and for the purposes of the agreement, as not resident in New Zealand; or
b: liable by the law of another country or territory to income tax in that country or territory through domicile, residence, or place of incorporation. commonality period, company, double tax agreement, income tax, resident in New Zealand, tax loss component, tax year
88: Section LE 5 amended (Beneficiaries of trusts)
1: In section LE 5(2) credit and imputation credit
2: Subsection (1) applies for the 2008–09 and later income years.
89: Section LK 1 amended (Tax credits relating to attributed CFC income)
Replace section LK 1(1C) Place of incorporation or carrying on business
1C: For the purposes of subsection (1B), the requirements set out in section IC 7 section LK 6
90: Section LT 1 amended (Tax credits for petroleum miners)
In section LT 1(4D)(a) if the amount described in subsection (1)(a)(iii) is zero or
91: Section OB 2 amended (Australian companies choosing to have imputation credit accounts)
1: Replace the heading to section OB 2 Australian companies with imputation credit accounts
2: After section OB 2(2)(a)(i)
ib: is treated as not being resident in Australia under a double tax agreement between New Zealand and Australia; or
3: After section OB 2(3) When New Zealand resident company becomes Australian ICA company
3B: If a company that is resident in New Zealand stops being a company that is required by section OB 1
4: Replace section OB 2(7)(b) and (c)
b: for a company that has made an election under subsection (1),—
i: the company revokes the election by notifying the Commissioner; or
ii: the Commissioner gives the company notice revoking the election.
5: In section OB 2(8)(b) unless paragraph (c) applies for a company that has made an election under subsection (1), unless paragraph (a) or (c) applies
6: In section OB 2 resident in New Zealand
92: New section OB 23B inserted (ICA transfer from consolidated imputation group to departing member for unused tax payment)
1: After section OB 23
OB 23B: ICA transfer from consolidated imputation group to departing member for unused tax payment
Credit
1: An ICA company that ceases to be a member of a consolidated imputation group may choose to have an imputation credit for the amount of an imputation debit that the consolidated imputation group has under section OP 41B section OP 7 or OP 8 unused imputation credit payment Table reference
2: The imputation credit in subsection (1) is referred to in table O1: imputation credits, row 21B (unused imputation credit payment by member before departure). When credit arises
3: The credit date is the date of the credit to the imputation credit account of the consolidated imputation group for the unused imputation credit payment. amount, Commissioner, company, consolidated imputation group, ICA company, imputation credit, imputation credit account, imputation debit, income tax, pay, provisional tax, tax pooling intermediary
2: Subsection (1) applies for the 2021–22 and later tax years.
93: Section OB 62 amended (Retrospective attachment of imputation credits)
1: Replace section OB 62(1)
1: This section applies in relation to a dividend—
a: arising from a transfer pricing arrangement when an ICA company pays a non-cash dividend whose amount is later adjusted under section GC 7 or GC 8
b: arising under subpart FL section FL 2 or FL 3
c: that an ICA company pays and that is described in section CD 1(3)
2: In section OB 62(3)
94: Table O1 amended (Table O1: imputation credits)
1: In table O1, after row 21, insert: The following table is small in size and has 4 columns. This table amends table O1 of the Income Tax Act 2007 and should be read with that table to provide understanding of the context. 21B Unused imputation credit payment by member before departure day of credit to ICA of consolidated imputation group for unused imputation credit payment section OB 23B
2: Subsection (1) applies for the 2021–22 and later tax years.
95: New section OP 16B inserted (Consolidated ICA credit transfer to departing consolidated imputation group for unused tax payment)
1: After section OP 16
OP 16B: Consolidated ICA credit transfer to departing consolidated imputation group for unused tax payment
Credit
1: A consolidated imputation group (the departing group parent group section OP 41C section OP 7 or OP 8 unused imputation credit payment Table reference
2: The imputation credit in subsection (1) is referred to in table O19: imputation credits of consolidated imputation groups, row 11B (unused imputation credit payment by departing consolidated group before departure). When credit arises
3: The credit date is the day of the credit to the imputation credit account of the parent group for the unused imputation credit payment. amount, Commissioner, company, consolidated imputation group, ICA company, imputation credit, imputation credit account, imputation debit, income tax, pay, provisional tax, tax pooling intermediary
2: Subsection (1) applies for the 2021–22 and later tax years.
96: New sections OP 41B and OP 41C inserted
1: After section OP 41
OP 41B: Consolidated ICA debit for unused tax payment of departing member
Debit
1: A consolidated imputation group (the group credit
a: the credit arises under section OP 7 or OP 8 unused imputation credit payment company
b: the company ceases to be a member of the group after making the unused imputation credit payment; and
c: when the company ceases to be a member of the group, the unused imputation credit payment is held by the Commissioner or a tax pooling intermediary without having been applied to satisfy a tax liability, other than a liability of the company for provisional tax. Table reference
2: The imputation debit in subsection (1) is referred to in table O20: imputation debits of consolidated imputation groups, row 15B (member of consolidated imputation group leaving after making unused imputation credit payment). Debit date
3: The debit date is the date of the credit to the consolidated imputation group’s imputation credit account for the unused imputation credit payment. amount, Commissioner, company, consolidated imputation group, imputation credit, imputation credit account, imputation debit, income tax, pay, provisional tax, tax pooling intermediary
OP 41C: Consolidated ICA debit for unused tax payment of departing part of group
Debit
1: A consolidated imputation group (the main group credit
a: the credit arises under section OP 7 or OP 8 unused imputation credit payment part group
b: the part group ceases to be a part of the main group after making the unused imputation credit payment; and
c: when the part group ceases to be a part of the main group, the unused imputation credit payment is held by the Commissioner or a tax pooling intermediary without having been applied to satisfy a tax liability, other than a liability of the part group for provisional tax. Table reference
2: The imputation debit in subsection (1) is referred to in table O20: imputation debits of consolidated imputation groups, row 15C (part of consolidated imputation group leaving after making unused imputation credit payment). Debit date
3: The debit date is the date of the credit to the consolidated imputation group’s imputation credit account for the unused imputation credit payment. amount, Commissioner, company, consolidated imputation group, imputation credit, imputation credit account, imputation debit, income tax, pay, provisional tax, tax pooling intermediary
2: Subsection (1) applies for the 2021–22 and later tax years.
97: Table O19 amended (Table O19: imputation credits of consolidated imputation groups)
1: In table O19, after row 11, insert: The following table is small in size and has 4 columns. This table amends table O19 of the Income Tax Act 2007 and should be read with that table to provide understanding of the context. 11B Unused imputation day of credit to imputation credit account of parent group for unused imputation credit payment section OP 16B
2: Subsection (1) applies for the 2021–22 and later tax years.
98: Table O20 amended (Table O20: imputation debits of consolidated imputation groups)
1: In table O20, after row 15, insert: The following table is small in size and has 4 columns. This table amends table O20 of the Income Tax Act 2007 and should be read with that table to provide understanding of the context. 15B Member of consolidated imputation group day of credit to ICA of consolidated imputation group for unused imputation credit payment section OP 41B 15C Part of consolidated imputation group day of credit to ICA of consolidated imputation group for unused imputation credit payment section OP 41C
2: Subsection (1) applies for the 2021–22 and later tax years.
99: Section RA 6 amended (Withholding and payment obligations for passive income)
1: After section RA 6(4) Certain dividends paid to dual residents
5: For the purposes of subsections (2) and (4) and sections OB 9, OB 30, RA 15, and RF 3 section CD 1(3) Meaning of DRCD deferral date
6: For the purposes of this section and sections CD 1, OB 9, OB 30, RA 15, RF 3, and RF 11BB DRCD deferral date
2: In section RA 6 dividend DRCD deferral date
100: Section RA 15 amended (Payment dates for interim and other tax payments)
1: After section RA 15(4) Treatment of certain cross-border employees
4B: Despite subsections (2)(a) and (b) and (3)(a) and (b), and on application by an employer, the Commissioner may, in special circumstances, agree with the employer that the payment of amounts of tax for PAYE income payments made to a class of cross-border employees for a tax year is due by 31 May after the end of the tax year.
2: In section RA 15 cross-border employees PAYE income payment
101: Section RA 18 amended (Payment date for emigrating companies)
1: In section RA 18(1) (Treatment of emigrating companies and their shareholders) or FL 3
2: In section RA 18(2) date that is 3 months after the time of emigration relevant date set out in subsection (3)
3: After section RA 18(2) Due date
3: The relevant date is,—
a: for a company that is treated under section FL 2
b: for a company that is treated under section FL 3
102: Section RC 5 amended (Methods for calculating provisional tax liability)
1: Replace section RC 5(2)
2: Under the standard method, the amount of provisional tax payable for the tax year is, for the purpose of determining the amount of any particular instalment of provisional tax payable under section RC 9 section RC 6
2: In section RC 5(3) is , for the purpose of determining the amount of any particular instalment of provisional tax payable under section RC 9,
3: In section RC 5(3)(b) date on which the first payment of provisional tax for the tax year is required relevant instalment date
4: In section RC 5(3)(c) that date the relevant instalment date
5: In section RC 5(d) the date is not the relevant instalment date is not
6: After section RC 5(3) Non-working days
3B: For the purposes of subsection (3)(c), if the relevant instalment date falls on a day that is not a working day, a return for the preceding tax year provided on the first working day after that instalment date is deemed to have been provided on the instalment date.
7: Subsections (1) and (2) apply for provisional tax payments for the income years corresponding to the 2008–09 and subsequent tax years. However, subsections (1) and (2) do not apply to a person to the extent to which the person was assessed for penalties and interest on a return of income filed before 30 August 2022 that is inconsistent with section RC 5
8: Subsections (3), (4), (5), and (6) apply for the 2017–18 and later income years. However, subsections (3), (4), (5), and (6) do not apply to a person to the extent to which the person was assessed for penalties and interest on a return of income filed before 30 August 2022 that is inconsistent with section RC 5
103: Section RD 23 repealed (Bonds given by employers of certain non-resident employees)
Repeal section RD 23
104: Section RD 24 amended (Exemptions for non-resident contractors)
Repeal section RD 24(1)(b)
105: New section RD 62B inserted (Obligations of cross-border employees when FBT liability not paid)
After section RD 62
RD 62B: Obligations of cross-border employees when FBT liability not paid
When this section applies
1: This section applies when a cross-border employee receives a fringe benefit in relation to a period when they are providing employment services in New Zealand. Employees’ obligations
2: If the employer and employee agree and record in a document that the employee is liable for employment-related tax obligations, the employee must—
a: treat the value of the fringe benefit as a PAYE income payment and withhold and pay tax as if an employer; and
b: provide the relevant information required under section 23I of the Tax Administration Act 1994 When person exempt
3: Subsection (2)(a) does not apply if the employee is exempt from paying the amount of the liability. amount, Commissioner, cross-border employee, fringe benefit, New Zealand, pay
106: Section RD 65 amended (Employer’s superannuation cash contributions)
1: Replace section RD 65(1)
1: An employer’s superannuation cash contribution
a: to a superannuation fund:
b: by an employer of a cross-border employee to a foreign superannuation scheme and the employer chooses to apply this subsection to the contribution:
c: under the KiwiSaver Act 2006
2: In section RD 65 cross-border employee foreign superannuation scheme
107: New section RD 71B inserted (Obligations of cross-border employees when amounts of tax not paid)
After section RD 71
RD 71B: Obligations of cross-border employees when amounts of tax not paid
When this section applies
1: This section applies when an employer or person makes an employer’s superannuation cash contribution or an employer’s contribution to a foreign superannuation scheme for a cross-border employee that relates to a period during which the employee is providing employment services in New Zealand. Employees’ obligations
2: If the employer and employee agree and record in a document that the employee is liable for employment-related tax obligations, then the employee must—
a: provide the relevant information required under section 23I of the Tax Administration Act 1994
b: pay the amount of the tax, as if an employer. When person exempt
3: Subsection (2)(b) does not apply if the employee is exempt from paying the amount of tax. amount of tax, Commissioner, cross-border employee, employer’s superannuation cash contribution, foreign superannuation scheme, New Zealand, pay
108: Section RF 2 amended (Non-resident passive income)
1: Replace section RF 2(1)
1: Non-resident passive income
a: a non-resident derives and that consists of—
i: a dividend other than an investment society dividend:
ii: a royalty:
iii: an investment society dividend when the non-resident is not engaged in business in New Zealand through a fixed establishment in New Zealand:
iv: interest, other than interest derived in the circumstances set out in subsection (2B):
v: non-resident financial arrangement income; or
b: a New Zealand resident company that is treated under a double tax agreement as not being resident in New Zealand derives and that is a dividend other than an investment society dividend.
2: Replace the heading to section RF 2(2) Exclusions: non-residents
3: After section RF 2(2) Exclusions: dual resident companies
2BA: The following amounts derived by a New Zealand resident company that is treated under a double tax agreement as not being resident in New Zealand are excluded from non-resident passive income:
a: an amount of exempt income:
b: an amount of excluded income under sections CX 56B and CX 56C
c: an amount derived by a trustee of a trust after the effective date of an election under section HC 33(1)
4: In section RF 2(2B) Subsection (1)(d) Subsection (1)(a)(iv)
5: In section RF 2 double tax agreement New Zealand resident
109: Section RF 2C amended (Meaning of non-resident financial arrangement income)
In section RF 2C(1)(c)(i) section RF 2(1)(d) section RF 2(1)(a)(iv)
110: Section RF 9 amended (When dividends fully imputed)
In section RF 9(1) and RF 11B RF 11B, and RF 11BB
111: New section RF 11BB inserted (Certain dividends paid to dual resident companies)
After section RF 11B
RF 11BB: Certain dividends paid to dual resident companies
When this section applies
1: This section applies when a company makes a payment of non-resident passive income in the form of a dividend to a New Zealand resident company (the recipient
a: the requirements of section CW 10(1)(b) to (d), (5), and (6)
b: the requirement of section CW 10(1)(f)
c: the recipient becomes a company that is not a foreign company before the DRCD deferral date. Amount of tax
2: The amount of tax is the lesser of—
a: the amount of tax that the payer would be required to withhold and pay in the absence of this section; and
b: the sum of all dividends paid by the recipient while it was treated under the double tax agreement as not being resident in New Zealand to the extent to which those dividends were not fully imputed. amount of tax, company, dividend, double tax agreement, DRCD deferral date, foreign company, fully imputed, New Zealand resident, non-resident passive income, pay, resident in New Zealand
112: Section RF 12G amended (Choosing to treat income as non-resident financial arrangement income)
In section RF 12G(4)(a) section RF 2(1)(d) section RF 2(1)(a)(iv)
113: Section RL 1 amended (Residential land withholding tax)
In section RL 1(2)(a) (13) (1A)
114: Section YA 1 amended (Definitions)
1: This section amends section YA 1
2: Replace the definition of Australian ICA company Australian ICA company
a: is required to establish and maintain an imputation credit account because of an election under section OB 2(1)
b: is required by section OB 2(3B)
3: Insert, in appropriate alphabetical order: build-to-rent land
a: means, for a person, land that they own and that is described in section CB 12(1)(a) to (e) or CB 13(1)(a) and (b) Residential Tenancies Act 1986
i: in the case of a dwelling completely built before 1 July 2023, the landlord or manager for the dwelling has offered any current tenants before 1 July 2023 a fixed-term tenancy of no less than 10 years, and always offers prospective tenants such a tenancy; and
ii: in the case of a dwelling completely built on or after 1 July 2023, the landlord or manager for the dwelling always offers prospective tenants a fixed-term tenancy of no less than 10 years; and
iii: the tenancy agreement expressly refers to the ability of the tenant to personalise the dwelling with the consent of the landlord in accordance with sections 42, 42A, and 42B of the Residential Tenancies Act 1986
iv: the tenancy agreement provides that a tenant may terminate the tenancy with 56 days’ notice, as provided by section 58A of the Residential Tenancies Act 1986
b: does not include land that at any time after it first meets the requirements of paragraph (a) fails to meet those requirements
4: Insert, in appropriate alphabetical order: bus service section CX 19C
5: Replace the definition of business premises business premises subparts DD and DH and sections CB 6A to CB 15 and CZ 39
a: means the normal business premises or a temporary workplace of the person (or an associate):
b: does not include premises or a workplace established mainly for the purpose of enjoying entertainment
6: In the definition of company
a: replace paragraph (ab) with:
ab: does not include a limited partnership, other than a listed limited partnership or foreign corporate limited partnership:
b: repeal paragraph (ac):
c: repeal paragraph (ad).
7: Insert, in appropriate alphabetical order: competent authority section 3(1) of the Tax Administration Act 1994
8: Insert, in appropriate alphabetical order: cross-border employee section CE 1F(4) sections CE 1(3B), RA 15(4B), RD 62B, RD 65, and RD 71B
9: Insert, in appropriate alphabetical order: cryptocurrency
10: Repeal the definition of cryptocurrency
11: In the definition of dispose CB 22 CB 22, CW 3C
12: Insert, in appropriate alphabetical order: DRCD deferral date section RA 6(6) sections CD 1, OB 9, OB 30, RA 15, RF 3, and RF 11BB
13: In the definition of fully imputed
a: after CD 39, CW 10
b: replace and RF 10 RF 10, and RF 11BB
14: Replace the definition of ICA company ICA company
a: is required by section OB 1
b: is an Australian ICA company
15: Insert, in appropriate alphabetical order: IFRS 17
16: Insert, in appropriate alphabetical order: non-fungible token
17: Repeal the definition of non-fungible token
18: In the definition of non-resident contractor
a: replace services of another person services of another person; and
b: insert after paragraph (b)(ii):
c: is not a non-resident entertainer
19: Insert, in appropriate alphabetical order: North Island flooding events
a: Cyclone Hale, which crossed the North Island of New Zealand during the period starting on 8 January 2023 and ending on 12 January 2023, in 1 or more of the following districts:
i: Coromandel:
ii: Gisborne:
iii: Northland:
iv: Wairarapa:
v: Wairoa:
b: heavy rainfall starting on 26 January 2023 and ending on 3 February 2023, in 1 or more of the following regions:
i: Auckland:
ii: Bay of Plenty:
iii: Northland:
iv: Waikato:
c: Cyclone Gabrielle, which crossed the North Island of New Zealand during the period starting on 12 February 2023 and ending on 16 February 2023, in 1 or more of the following regions or districts:
i: Auckland:
ii: Bay of Plenty:
iii: Gisborne:
iv: Hawke’s Bay:
v: Northland:
vi: Tararua:
vii: Waikato
20: In the definition of OECD transfer pricing guidelines OECD 2017, OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations OECD (2022), OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations 2022
21: In the definition of outstanding claims reserve
a: in the words before paragraph (a), before means , for an insurer to which a following paragraph applies,
b: after paragraph (a), insert:
ab: for a general insurer who uses IFRS 17, the amount of the insurer’s liability for incurred claims for general insurance contracts, excluding contracts having premiums to which section CR 3
c: in paragraph (b), replace section EY 24(3) and (4) section EY 24(3), (4), and (5)
d: after paragraph (b), insert:
c: for a life insurer and life insurance contracts, the amount calculated under section EY 24(3) and (4) section EY 5
d: for transfers of general insurance contracts to an insurer, the amount calculated under section CR 4(3)(a)(iii) (Income for general insurance outstanding claims reserve) or DW 4(4B) and (4C) (Deduction for general insurance outstanding claims reserve) section ED 3(1B)
22: Replace the definition of present value (gross) present value (gross) section EY 24(5)
23: In the definition of profit distribution plan a share purchase scheme an exempt ESS
24: In the definition of profit distribution plan a employee share scheme an employee share scheme
25: Insert, in appropriate alphabetical order: public transport fare section CX 19C
26: Insert, in appropriate alphabetical order: rail vehicle section CX 19C
27: In the definition of relative
28: Repeal the definition of resident foreign trustee
29: In the definition of settlement in section CB 16A(7) (Main home exclusion for disposal within 10 years)
30: Replace the definition of time of emigration time of emigration
a: the time at which the emigrating company starts being treated under a double tax agreement as not being resident in New Zealand, if section FL 3
b: otherwise, the time at which the emigrating company becomes a non-resident
31: In the definition of trust rules and 93B, 59B, 59C, 59D, 59DB, 93B, and 139AC
32: In the definition of unit trust employee share purchase scheme exempt ESS
33: Insert, in appropriate alphabetical order: utilities distribution assets
a: means the property ( for example
b: does not include property that is a utilities distribution network treated as an item of property separate from the relevant property described in paragraph (a)
34: Insert, in appropriate alphabetical order: utilities distribution network
35: Insert, in appropriate alphabetical order: utilities distribution network operator
a: an electricity distributor under the Electricity Act 1992
b: a gas distributor under the Gas Act 1992
c: a network operator under the Telecommunications Act 2001
d: an operator under the Water Services Act 2021
36: Subsections (15), (21), and (22) apply for income years starting on or after 1 January 2023.
37: A person may choose that subsection (20) does not apply to them for—
a: the 2022–23 income year or earlier income years; or
b: if they have an existing building ruling that rules on the application of the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations 2017
38: Subsection (10) applies immediately before the commencement of section 171(11) of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022
115: Section YB 4 amended (Two relatives)
Repeal section YB 4(3)
116: Schedule 5 amended (Fringe benefit values for motor vehicles)
1: In schedule 5, after clause 7B
7C: For the purposes of this schedule, if a person who owns a motor vehicle to which this schedule applies receives a payment under the State Sector Decarbonisation Fund for the vehicle,—
a: the cost price of the vehicle to the person on the first acquisition of it by them is the cost price before the payment is taken into account; and
b: the cost of the vehicle to the person on the first acquisition of it by them is the cost before the payment is taken into account; and
c: when determining the tax value of the vehicle under subpart EE section EE 57 section DF 1
2: Subsection (1) applies to fringe benefits provided on and after 1 April 2023.
117: Schedule 15 amended (Excepted residential land)
In schedule 15 The following table is small in size and has 2 columns. This table amends schedule 15 of the Income Tax Act 2007 and should be read with that table to provide understanding of the context. 11. Land to the extent to which the Commissioner has received notice from the Chief Executive of the department responsible for the administration of the Residential Tenancies Act 1986 build-to-rent land
118: Schedule 21B amended (Expenditure or loss for research and development tax credits)
In schedule 21B the contract for the Callaghan Innovation project grant the contract for the Callaghan Innovation project grant. Nor does it include an amount spent by a recipient of a New to R&D Grant, to the extent to which the amount exceeds the amount covered by the New to R&D Grant contract
119: Schedule 32 amended (Recipients of charitable or other public benefit gifts)
1: In schedule 32 Cotton On Foundation Limited Engineers Without Borders New Zealand Incorporated Family for Every Child New Zealand Trust Forests for People Limited Joyya Trust Solomon Island Medical Mission Charitable Trust
2: In schedule 32 Heilala Vanilla Foundation
3: In schedule 32 Heilala Vanilla Foundation
4: In schedule 32 New Zealand for UNHCR (United Nations High Commissioner for Refugees)
5: In schedule 32 UNHCR (United Nations High Commissioner for Refugees)
6: In schedule 32 Pacific Island Food Revolution Limited
7: In schedule 32 Pacific Island Food Revolution Limited
8: In schedule 32 Anglican World Aid (Aotearoa) Limited
3: Amendments to Goods and Services Tax Act 1985
120: Amendments to Goods and Services Tax Act 1985
This Part amends the Goods and Services Tax Act 1985 2023-03-31 Goods and Services Tax Act 1985 sections 122, 123, 124(6) and (7) , 125(1), 137(1), (6), (8), (9), (19), (20) and (21), 139(2) and (3), 143(1), 144(2) and (4), 149 and 156 — (see 2(7)-(32) for earlier application) 2023-04-01 Goods and Services Tax Act 1985 sections 124(3), (8), (9) and (10) , 125(2), 137(2), (3), (7), (10), (13), (18), (22), (24) and (25), 139(1), 142(1) and (3), 143(2), 145, 159 — (see s 2(36)); and sections not specified above or below— (see s 2(1)) 2023-07-01 Goods and Services Tax Act 1985 sections 121(8) and 124(4) — (see s 2(37))) 2024-04-01 Goods and Services Tax Act 1985 sections 121(2)-(7), 124(5) , 126(1), 130, 131, 132(1) and (4), 134, 135, 136, 137(4), (5), (14)-(17), (23), (27) and (28), 138, 140, 141, 144(1), (3) and (5), 146, 147, 151, 152(1), (3), (4) and (5), 153, 154 and 155 ( see s 2(39)) 2026-06-30 Goods and Services Tax Act 1985 section 124(1) and (2) and 158(2) (s s2(41))
121: Section 2 amended (Interpretation)
1: This section amends section 2(1)
2: In the definition of electronic marketplace
a: means a marketplace that is operated by electronic means by which a person (the underlying supplier) makes 1 or more of the following supplies by electronic means through another person (the operator of the marketplace) to a third person (the recipient):
i: a supply of goods:
ii: a supply of remote services:
iii: a supply of listed services; and
3: Insert, in appropriate alphabetical order: flat-rate credit
4: Insert, in appropriate alphabetical order: listed services section 8C(2)
5: In the definition of percentage actual use 20G,
6: In the definition of percentage difference 20G and
7: In the definition of percentage intended use 20G,
8: Insert, in appropriate alphabetical order: tax law section 3(1) of the Tax Administration Act 1994
9: Subsections (2), (3), and (4) apply for taxable periods starting on or after 1 April 2024.
122: Section 2A amended (Meaning of associated persons)
1: After section 2A(1)(d)
db: a joint venture and a member of the joint venture:
2: Subsection (1) applies to a tax position taken by a person on or after 30 August 2022.
123: Section 3A amended (Meaning of input tax)
1: Replace section 3A(3)(a)(i) and (ib)
i: the tax fraction of the original purchase price of the goods when they were received by the supplier; and
2: Subsection (1) applies for a supply of secondhand goods—
a: made in a taxable period starting on or after 30 March 2022:
b: made under an agreement entered after 8 September 2021 and paid for on or after the start of the first taxable period starting on or after 30 March 2022.
124: Section 5 amended (Meaning of term supply)
1: Repeal section 5(6AA), (6AAB), (6A), (6AB), (6AC), (6B), and (7F)
2: Replace section 5(6BB)
6BB: For the purposes of this Act, any amount of RFT rebate paid under section 65ZC of the Land Transport Management Act 2003
3: In section 5(6D)(a) (not being a public authority)
4: After section 5(6EB)
6EC: A charge, including a fee or a levy, payable under legislation is deemed to be consideration for a supply of goods and services.
6ED: Subsection (6EC) does not apply to a charge—
a: listed in the schedule
b: that is, or is in the nature of,—
i: a fine:
ii: a penalty:
iii: interest:
iv: a general tax.
6EE: For the purposes of subsection (6ED), a general tax means a charge in the nature of a tax imposed by a tax law where the revenue is not earmarked in legislation for a particular purpose or function. Examples
For the purposes of section 5(6ED) and (6EE) a general tax is income tax: not a general tax is a levy used to fund the performance of regulatory functions.
5: In section 5(11G) remote services remote service, listed services,
6: Replace section 5(11G)(b)
b: when a supply does not meet the requirements of paragraph (a)—
i: if it is not practical to treat the issue or sale as a supply of goods and services; and
ii: if the supplier of the goods and services and the issuer or seller of the token, stamp, or voucher are, or could be, different persons, the issuer and the supplier, or the seller and the supplier, agree or are parties to an agreement.
7: After section 5(15)(b)
c: a supply that a person elects to apply section 6(3)(e)
8: After section 5(15)(c)
d: the supply described in section 91(4)
9: Replace section 5(16)
16: Subsection (16C) applies where a person—
a: has either—
i: claimed a deduction under section 20(3)
ii: acquired goods or services that were zero-rated under section 11(1)(mb)
iii: acquired goods or services that were zero-rated under section 11(1)(m)
b: disposed of the goods or services or ceased to be a registered person; and
c: is not using the goods or services in the course or furtherance of a taxable activity at the time the goods or services are disposed of or deemed to be supplied; and
d: has not previously returned output tax for the goods or services that is equal to or greater than—
i: the deduction under section 20(3)
ii: the nominal GST component under section 20(3J)
16B: Subsection (16C) also applies where—
a: the registered person has disposed of the goods or services or the person ceased to be a registered person; and
b: the Commissioner considered that the person, prior to disposal,—
i: increased their non-taxable use of the goods or services; and
ii: applied section 21FB
16C: A disposal of the goods or services referred to in subsection (16) or (16B) by the person—
a: is deemed to be made in the course or furtherance of a taxable activity carried on by the person; and
b: where the person ceases to be a registered person, the goods or services are deemed to be supplied by the person immediately before the person ceases to be a registered person.
10: Repeal section 5(19)
11: Replace section 5(23)
23: Subsection (23B) applies if—
a: section 11(1)(mb)
b: after the date on which the relevant transaction is settled, it is found by the supplier of the goods or the Commissioner that section 11(1)(mb)
c: the recipient of the goods did not provide the supplier with correct or sufficient information under section 78F
23B: The recipient of the supply of the goods referred to in subsection (23) is treated as if they were a supplier making, on the date on which the error referred to in subsection (23)(b) is found, a taxable supply of the goods.
12: Subsection (3) applies for grants and subsidies paid on or after 1 April 2023.
13: Subsection (4) applies for a charge, including a fee or a levy, payable under legislation (a legislative charge
14: Subsection (5) applies for taxable periods starting on or after 1 April 2024.
15: Subsection (7) applies to supplies made on or after 1 April 2011, but not to supplies for which an assessment has been made prior to 30 August 2022.
16: Subsection (9) applies to goods and services supplied on or after 1 April 2023.
125: Section 6 amended (Meaning of term taxable activity)
1: After section 6(3)(d)
e: an activity involving the supply of goods by way of sale that a registered person has elected is not a taxable activity, provided—
i: the person has not previously claimed a deduction under section 20(3)
ii: the goods were not acquired for the principal purpose of making taxable supplies; and
iii: the goods were not used for the principal purpose of making taxable supplies; and
iv: the goods were not acquired as zero-rated supplies under section 11(1)(m) or (mb)
2: In section 6(3)(e)(iv) (mb) , unless the person has chosen to return the nominal GST component as output tax under section 20(3J)(a)(iv)
3: Subsection (1) applies to supplies made on or after 1 April 2011, but not to supplies for which an assessment has been made prior to 30 August 2022.
4: Subsection (2) applies to taxable periods starting on or after 1 April 2023.
126: Section 8 amended (Imposition of goods and services tax on supply)
1: In section 8(3)
a: in paragraph (b), replace the services are physically performed the services, other than listed services, are physically performed
b: in paragraph (c), replace performed. performed; or
d: the services are listed services referred to in section 8C
2: In section 8(4) unless the supplier and the recipient of the supply agree that this subsection will not apply to the supply unless the supplier chooses to treat the supply as made in New Zealand
3: Subsection (1) applies for taxable periods starting on or after 1 April 2024.
127: Section 8B amended (Remote services: determining residence of recipients)
1: Replace section 8B(1)
1: Subsection (2) applies to determine—
a: whether a supply is made in New Zealand under section 8(3)(c)
b: for the purposes of sections 10(14B), 11A(1)(j), 60(1AB), 60C, and 60D
c: for the purposes of section 11A(1)(k) to (m)
2: In section 8B(5) Section 8BB(1) Section 8BB(1B)
128: Section 8BB amended (Certain supplies by non-residents: determining whether recipient is registered person)
Replace section 8BB(1)
1: This section applies when a non-resident registered person (the supplier recipient
a: distantly taxable goods to which section 8(3)(ab)
b: remote services to which section 8(3)(c)
c: goods and services to which section 8(4)
1B: The supplier must not treat the supply as being made to a registered person for use in the course or furtherance of the registered person’s taxable activity if the recipient does not meet the requirements of this section.
129: New section 8BC inserted (Optional use of place of supply rules for certain suppliers required to determine residence or registration status)
After section 8BB
8BC: Optional use of place of supply rules for certain suppliers required to determine residence or registration status
1: This section applies to a supplier in relation to a supply of goods and services made by them as described in section 8B(1)(c) or 8BB(1)(c)
2: Despite sections 8B(2) and 8BB(1B)
a: a recipient’s residence for the purposes of a supply of remote services; or
b: a recipient’s registration status for the purposes of a supply of distantly taxable goods, remote services, or listed services.
3: For the purposes of subsection (2), the other items of commercial information may include information obtained from the supplier’s existing systems and processes that are used to collect information about the supplies made and the recipients of those supplies.
130: New section 8C inserted (Supplies of listed services)
1: After section 8BB
8C: Supplies of listed services
1: This section applies to determine the taxation of a supply of certain services ( listed services
2: The listed services referred to in subsection (1) are—
a: a supply of accommodation services in New Zealand, other than an exempt supply under section 14(1)(c)
b: a supply of transport services in New Zealand in the form of—
i: ride-sharing or ride-hailing services:
ii: delivery services for beverages, food, or both.
3: A supply of listed services is treated as 2 separate supplies as described in section 60(1C)
a: when the underlying supplier is a registered person, the supply of the services to the electronic marketplace is zero-rated under section 11A(1)(jc)
i: no taxable supply information is required in relation to the supply; and
ii: the operator of the electronic marketplace must account for tax on the supply that they are treated as making to the recipient; and
b: when the underlying supplier is not a registered person, the operator of the electronic marketplace must—
i: account for output tax on the supply that they are treated as making to the recipient; and
ii: deduct an amount of input tax in relation to the supply under section 20(3)(de)
c: when the underlying supplier is a registered person who has not notified the operator of the electronic marketplace their status as a registered person, and the operator has deducted an amount of input tax in relation to the supply under section 20(3)(de)
i: is required to account for output tax under section 20(3JD)
ii: has a tax shortfall equal to the amount of the flat-rate credit received by them.
4: For the amount of the input tax and the flat-rate credit, see section 20(3)(de) and (3N)
5: If the Commissioner notifies the operator of the electronic marketplace as to the registration status of an underlying supplier to enable the correct tax treatment for both the operator and the underlying supplier, the operator must act on the notification as soon as practicable.
6: The operator must provide the underlying supplier with a statement showing the flat-rate credit passed on to the underlying supplier. The statement may be provided periodically in a way consistent with the operator’s usual reporting practices, but must be provided at least once a month.
7: The services listed in subsection (2) include other services that—
a: are closely connected to the listed service supplied by the underlying supplier, other than a supply of services made directly by the operator to the recipient, ignoring for this purpose the effect of section 60C
b: are advertised, listed, or otherwise made available through the electronic marketplace.
8: In this section, ride-sharing or ride-hailing services
2: Subsection (1) applies for taxable periods starting on or after 1 April 2024.
131: Section 9 amended (Time of supply)
1: In section 9(9) a supply of services a supply of services including listed services
2: Subsection (1) applies for taxable periods starting on or after 1 April 2024.
132: Section 10 amended (Value of supply of goods and services)
1: After section 10(6)
6B: Subsection (6) does not apply to the extent to which the supply is a supply of listed services made through an electronic marketplace.
2: In section 10(7A) section 5(3) or (3B), or section 5(16C)(b)
3: In section 10(7B) section 5(23) section 5(23B)
4: In section 10(7D) a supply of remote services or a supply of remote services, or a supply of listed services, or a supply of
5: Subsections (1) and (4) apply for taxable periods starting on or after 1 April 2024.
6: Subsection (2) applies to goods and services supplied on or after 1 April 2023.
133: Section 11 amended (Zero-rating of goods)
1: In section 11(8D)(a) assignment , grant,
2: Replace section 11(8D)(b)
b: a supply that is wholly or partly of an interest in land that meets the requirements of subsection (1)(mb) that is made under a lease agreement of at least 1 year is only a supply under that subsection to the extent to which there is a lump sum payment, that is not a regular payment, of more than 25% of the total consideration specified under the agreement:
3: In section 11(9) lump sum payment
134: Section 11A amended (Zero-rating of services)
In section 11A(1)(x) . ; or
y: the services are listed services that consist of a supply of services from 1 operator of an electronic marketplace to another operator of an electronic marketplace.
135: Section 15 amended (Taxable periods)
1: In section 15(6) section 8(3)(c) applies section 8(3)(c) section 8C
2: Subsection (1) applies for taxable periods starting on or after 1 April 2024.
136: Section 19K amended (Taxable supply information: supplies by registered person)
1: In section 19K(3) request for the taxable supply information. request for the taxable supply information. However, in relation to a supply of listed services, the taxable supply information must be provided to the recipient without the need for a request.
2: Subsection (1) applies for taxable periods starting on or after 1 April 2024.
137: Section 20 amended (Calculation of tax payable)
1: Replace section 20(2)
2: A registered person, when including an amount for a supply of goods or services as a deduction in a calculation of an amount of tax payable by the registered person, must,—
a: for a supply, meet the requirements of section 75
b: for a supply that a registered person intends to claim a deduction for under section 20(3) section 25(2)(b)
c: for a supply, other than a taxable supply, of secondhand goods, meet the requirements of section 24(7)
d: for a supply that the registered person treats as being within section 5B
i: the supply meets the requirements for treatment under section 5B
ii: the registered person accounts for the output tax charged for the supply; and
e: for a supply that the registered person treats as being made to the registered person as a nominated person under section 60B
i: the registered person is nominated to be the recipient of the supply by another person (the nominator
ii: the nominator and the registered person agree that the supply is to be treated as being made to the registered person and record the agreement; and
iii: the registered person pays to the supplier the full consideration for the supply.
2: In section 20(2)
a: in paragraph (a), replace section 75 section 19F
b: in paragraph (c), replace section 24(7) section 19H
3: In section 20(2)(b) issued a credit note if required by section 25 provided supply correction information if required by section 19N
4: After section 20(3)(dd)
de: for a supply of listed services referred to in section 8C
5: Repeal section 20(3)(hb)
6: In section 20(3C) (3D) or (3L) (3D), (3L), or (3LB)
7: In section 20(3C) (3D), (3L), or (3LB) (3CB), (3CC), (3D), (3L), or (3LB)
8: In section 20(3C)(a) available for use in intended to be used in
9: In section 20(3C)(b) available for use in intended to be used in
10: After section 20(3C)
3CB: A registered person, other than a person who has agreed an apportionment method with the Commissioner under section 20(3E), 20(3EB), 21(4), or 21(4B)
3CC: A registered person referred to in subsection (3CB) may deduct input tax if they acquired the goods and services for the principal purpose of making taxable supplies.
3CD: A person to whom subsection (3CC) applies may not apportion input tax for an adjustment period, for the goods and services, between taxable and non-taxable use.
3CE: For the purposes of subsection (3CC), a registered person may not deduct input tax as defined in section 3A(1)(b)
a: for a registered person that is a resident, the goods or services are used for making taxable supplies that are the delivery, or arranging or making easier, the delivery of goods to a person in New Zealand; or
b: for a registered person that is a non-resident, the input tax is for imported goods of the type referred to in section 20(3LC)
3CF: For the purposes of subsection (3CC), all supplies made by a non-resident are treated as if they were made and received in New Zealand.
3CG: A person may elect not to apply subsections (3CB) and (3CC) if they—
a: opt-out from applying the subsections for at least 24 consecutive months from the date they first opt-out:
b: apply an apportionment method that is agreed between the Commissioner and an industry association of which the person is a member:
c: apply an apportionment method that is available to them in a publication by the Commissioner.
3CH: A person who makes an election under subsection (3CG) must apply subsection (3CG) to all goods and services acquired by them.
11: Replace section 20(3E)
3E: A registered person who principally makes supplies of financial services may choose to use a fair and reasonable method of apportionment, as agreed with the Commissioner, in relation to the supply for an apportionment on acquisition. For this purpose, the person may include a group of companies.
12: Replace section 20(3EB)
3EB: A registered person may choose to use, for apportioning input tax in relation to a supply of goods and services made to the registered person, a fair and reasonable method of apportionment that is—
a: agreed with the Commissioner by the registered person:
b: agreed with the Commissioner by an industry association, if the method is intended by the Commissioner and the industry association to be available to a person such as the registered person:
c: published by the Commissioner and is available to the person in that publication.
13: Replace section 20(3J)(a)(iv)
iv: attribute as output tax to a taxable period under subsection (4)—
A: the amount determined under subparagraph (iii); or
B: the nominal GST component calculated by section 20(3J)(a)(i), if the person intends to apply section 14(4)
14: In section 20(3J)(b) sections 20G and section
15: Repeal section 20(3JB)
16: In section 20(3JC)(c) 20G and
17: After section 20(3JC)
3JD: For a supply of listed services referred to in section 8C
18: In section 20(3L) For the purposes of subsection (3) For the purposes of subsection (3), and if subsections (3CB) and (3CC) do not apply
19: In section 20(3L) or are available for use in or intended to be used in
20: In section 20(3L) uses the goods or services for, or has the goods and services available for use in, making taxable supplies, treating all supplies made by the person as if they were made and received in New Zealand. uses the goods and services for, or intends the goods or services for use in, making taxable supplies, treating all the supplies made by the person as if they are made and received in New Zealand.
21: Replace section 20(3LB)
3LB: For the purposes of subsection (3), a registered person who is non-resident may deduct input tax as defined in section 3(1)(b)
22: In section 20(3LB) subsection (3), and if subsections (3CB) and (3CC) do not apply,
23: After section 20(3M)
3N: For the purposes of subsection (3)(de), the amount of input tax to be deducted by the operator of the electronic marketplace corresponding to the flat-rate credit passed on under section 8C(3)(b)(ii)
24: In section 20(4)(c) 21FB(4) 21FB(4)(b)
25: In section 20(4)(c) period. period; or
d: in the case of a registered person who elected to return output tax under section 91(3)
26: In section 20(4B) section 5(23) section 5(23B)
27: In section 20(4C) section 8(3)(ab) applies or a supply of remote services to which section 8(3)(c) applies, section 8(3)(ab) section 8C
28: After section 20(4D)
4E: For the purposes of subsection (3JD), an output tax adjustment for the flat-rate credit must be made by the underlying supplier of listed services in a taxable period in which they received the flat-rate credit.
29: Subsections (4), (5), (14), (15), (16), (17), (23), (27), and (28) apply to taxable periods starting on or after 1 April 2024.
30: Subsections (7), (10), (13), (18), and (22) apply to goods and services acquired on or after 1 April 2023.
31: Subsection (24) applies from a registered person’s adjustment period starting on or after 1 April 2023.
138: Section 20G repealed (Treatment of supplies of certain assets)
1: Repeal section 20G
2: Subsection (1) applies from a registered person’s adjustment period starting on or after 1 April 2024.
139: Section 21 amended (Adjustments for apportioned supplies)
1: In section 21(2)(b) 5,000 10,000
2: In section 21(2)(d) . :
3: After section 21(2)(d)
e: they intend to apply section 6(3)(e) or 91
4: Replace section 21(4)
4: For an adjustment to which sections 21A to 21H
5: Replace section 21(4B)
4B: A registered person may choose to use, for making adjustments to which sections 21A to 21H
a: agreed with the Commissioner by the registered person:
b: agreed with the Commissioner by an industry association, if the method is intended by the Commissioner and the industry association to be available to a person such as the registered person:
c: published by the Commissioner and is available to the person in that publication.
6: Subsection (1) applies to goods and services acquired on or after 1 April 2023.
7: Subsections (2) and (3) apply to supplies made on or after 1 April 2011, but not to supplies for which an assessment has been made prior to 30 August 2022.
140: Section 21B amended (Adjustments when person or partnership becomes registered after acquiring goods and services)
In section 21B(2) 20G,
141: Section 21D amended (Calculating amount of adjustment)
In section 21D(3) and section 20G,
142: Section 21F amended (Treatment on disposal)
1: In section 21F(6) lots, or if section 5(16B)
2: In section 21F(6)(a) for a disposal of land that the person acquired as a zero-rated supply for a disposal that the person acquired as a zero-rated supply under section 11(1)(m) or (mb)
3: Subsection (1) applies to goods and services supplied on or after 1 April 2023.
143: Section 21FB replaced and amended (Treatment when use changes to total taxable or non-taxable use)
1: Replace section 21FB(3)(b)
b: actual deduction section 20(3J)(a)(i)
2: Replace section 21FB
21FB: Treatment when percentage of taxable use permanently changes
1: This section applies where the person’s use of goods or services in making taxable supplies, as a percentage of total use, permanently changes.
2: The person’s adjustment for the adjustment period in which the change occurred is an amount calculated using the formula— full input tax deduction × new intended use percentage − previous net deductions.
3: In the formula,—
a: full input tax deduction section 20(3J)(a)(i)
b: new intended use percentage
c: previous net deductions section 20(3J)(a)(i)
4: For the purposes of subsection (2),—
a: if the amount is positive, the person is entitled to an additional input tax deduction under section 20(3)(e)
b: if the amount is negative, the person must treat the amount as a positive amount of output tax and attribute it to a taxable period under section 20(4)
3: Subsection (2) applies from a registered person’s adjustment period starting on or after 1 April 2023.
144: Section 21G amended (Definitions and requirements for apportioned supplies and adjustment periods)
1: In section 21G(1) 20G,
2: In section 21G(1)(a)(ii) acquired , or if section 21FB
3: In section 21G(2) 20G,
4: In section 21G(2) 21FB 21F,
5: In section 21G(4) sections 20G and 21A, as applicable, section 21A
6: Replace section 21G(4)(a)
a: 1 of the following based on the value of the goods or services, excluding GST:
i: 2 adjustment periods for goods or services valued at more than $10,000 but not more than $20,000:
ii: 5 adjustment periods for goods or services valued at more than $20,000 but not more than $500,000:
iii: 10 adjustment periods for land, or goods or services valued at more than $500,000; or
7: In section 21G(5) Subsection (4) does Subsection (4)(a)(i) and (ii) does
145: Section 21HB amended (Transitional rules related to treatment of dwellings)
In section 21HB(7)(b) 21FB(4) 21FB(4)(b)
146: Section 26AA amended (Marketplace operators: bad debts for amounts of tax)
1: In section 26AA(1) goods or remote services goods, remote services, or listed services
2: Subsection (1) applies for taxable periods starting on or after 1 April 2024.
147: Section 51 amended (Persons making supplies in course of taxable activity to be registered)
1: In section 51(1C) 8(3)(ab) applies or of remote services to which section 8(3)(c) applies, 8(3)(ab) applies, or of remote services to which section 8(3)(c) applies, or of listed services referred to in section 8C
2: Subsection (1) applies for taxable periods starting on or after 1 April 2024.
148: Section 51B amended (Persons treated as registered)
1: In section 51B(4) section 5(23) section 5(23B)
2: In section 51B(4)(a) section 5(23) section 5(23B)
3: In section 51B(5) section 5(23) section 5(23B)
4: In section 51B(6)(a) section 5(23) section 5(23B)
149: Section 55B amended (Supplier group and issuing member)
1: In section 55B(3) responsible for the GST record-keeping supply that the issuing member has agreed to be responsible for under subsection (1)
2: Subsection (1) applies for taxable periods starting on or after 30 March 2022.
150: Section 58 amended (Personal representative, liquidator, receiver, etc)
1: In section 58(1) incapacitated person liquidation or receivership liquidation, receivership, or voluntary administration
2: In section 58(1) specified agent liquidator, or receiver liquidator, receiver, or administrator
3: In section 58(3) receivership or voluntary administration
151: Section 60 amended (Agents and auctioneers)
1: In section 60(1A)(b) goods or remote services goods, remote services, or listed services
2: Subsection (1) applies for taxable periods starting on or after 1 April 2024.
152: Section 60C amended (Electronic marketplaces)
1: In section 60C(1)
a: in paragraph (a), replace goods or a supply of remote services goods, or a supply of remote services, or a supply of listed services
b: in paragraph (ab), replace for a marketplace for a supply of goods or a supply of remote services, in relation to a marketplace
c: replace paragraph (c) with:
c: the supply is of—
i: remote services made to a person resident in New Zealand:
ii: goods made to a person involving delivery at a place in New Zealand:
iii: listed services performed, provided, or received in New Zealand.
2: In section 60C(2) in the course of furtherance of in the course or furtherance of
3: After section 60C(2)(a)
ab: listed services if the services are performed, provided, or received in New Zealand:
4: After section 60C(2B)
2BB: Subsection (2) does not apply in relation to a supply of listed services provided through an electronic marketplace if—
a: the underlying supplier is a person, other than a person referred to in subsection (2BF), that meets the criteria—
i: set out in a determination made by the Commissioner under subsection (2BC); or
ii: referred to in subsection (2BE); and
b: the documentation provided to the recipient identifies the supply as made by the underlying supplier and not the electronic marketplace; and
c: the underlying supplier and the operator of the electronic marketplace have agreed, recording their agreement in a document, that the underlying supplier is liable for the payment of tax in relation to the supplies of listed services and will continue to remain responsible for their tax obligations under this Act.
2BC: For the purposes of subsection (2BB), the Commissioner may determine the circumstances in which, and the criteria that a person must meet to enter into an opt-out agreement, having regard to the factors set out in subsection (2BD).
2BD: In making the determination under subsection (2BC), the Commissioner must have regard to—
a: the compliance costs that would arise for underlying suppliers in making changes to their accounting systems and practices:
b: the size, scale, and nature of the services and activities undertaken by underlying suppliers.
2BE: Despite a determination made under subsection (2BC), a person who is an underlying supplier may enter into an agreement with the operator of the electronic marketplace if they have, or they are part of a group of companies as defined in section IA 6 of the Income Tax Act 2007
a: 2,000 nights’ accommodation listed as available on 1 electronic marketplace in a 12-month period:
b: a reasonable expectation that they can meet the threshold in paragraph (a) for any 12-month period.
2BF: Subsection (2) does not apply to a supply of listed services provided through an electronic marketplace if—
a: the underlying supplier is a person that is required to maintain a 2-month or a 1-month taxable period under section 15
b: they choose to be liable for the payment of tax in relation to the supply and will continue to remain responsible for their tax obligations under the Act; and
c: they have notified the marketplace operator of their election.
5: In section 60C(3) goods or supply of remote services, goods, remote services, or listed services,
6: Subsections (1), (3), (4), and (5) apply for taxable periods starting on or after 1 April 2024.
153: New section 60H inserted (Information requirements for underlying suppliers operating through electronic marketplaces)
1: After section 60G
60H: Information requirements for underlying suppliers operating through electronic marketplaces
1: An underlying supplier of listed services operating on an electronic marketplace must notify the operator of the electronic marketplace of—
a: their name and tax file number:
b: their GST registration status.
2: For the purposes of subsection (1)(b), if the GST registration status of an underlying supplier changes, the underlying supplier must notify the operator of the electronic marketplace as soon as practicable.
3: For the purposes of section 60C(2BF)
4: Once notified under subsection (1), (2), or (3), the operator may rely on the information provided by the underlying supplier, and a deficiency in an amount of tax allocated to a taxable period that arises as a consequence of relying on the information provided is treated as a reduction in the total output tax allocated to the taxable period.
5: In addition to the information required to be provided under subsections (1), (2), and (3), an underlying supplier must also comply with the obligations imposed on them under sections 185S(3) and 185T(2) of the Tax Administration Act 1994 Part 11B
2: Subsection (1) applies for taxable periods starting on or after 1 April 2024.
154: Section 75 amended (Keeping of records)
1: In section 75(3F) 8(3)(ab) applies or of remote services to which section 8(3)(c) applies, 8(3)(ab) applies, or of remote services to which section 8(3)(c) applies, or of listed services referred to in section 8C
2: Subsection (1) applies for taxable periods starting on or after 1 April 2024.
155: Section 77 amended (New Zealand or foreign currency)
1: In section 77(2) 8(3)(ab) applies or of remote services to which section 8(3)(c) applies 8(3)(ab) applies, or of remote services to which section 8(3)(c) applies, or of listed services referred to in section 8C
2: Subsection (1) applies for taxable periods starting on or after 1 April 2024.
156: New section 81B inserted (Limitation on amending assessments for legislative charges)
Before the heading to Part 12
81B: Limitation on amending assessments for legislative charges
Despite section 25 sections 113 and 113A of the Tax Administration Act 1994 section 5(6EC) to (6EE)
157: New section 85D inserted (Transitional provision for certain supplies of listed services)
After section 85C
85D: Transitional provision for certain supplies of listed services
1: This section applies for the purposes of this Act in relation to a supply of listed services provided through an electronic marketplace when—
a: an underlying supplier who meets the criteria set out in section 60C(2BB)
b: an underlying supplier who meets the criteria set out in section 60C(2BF)
2: Despite the commencement provisions in the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023 amendment Act section 60C(2BB) to (2BE)
158: New section 90 inserted and repealed (Transitional regulation-making power: legislative charges)
1: After section 89
90: Transitional regulation-making power: legislative charges
1: For the purposes of section 5(6ED)(a) schedule
2: Before making a recommendation referred to in subsection (1), the Minister must be satisfied that the charge should be non-taxable, having regard to whether making the charge non-taxable is consistent with the approach taken for other charges with similar characteristics.
3: An order under this section is secondary legislation ( see Part 3 of the 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.
2: Repeal section 90
159: New section 91 inserted (Certain private goods removed from tax base before 1 April 2025)
After section 90
91: Certain private goods removed from tax base before 1 April 2025
1: This section applies when—
a: a registered person has previously claimed a deduction under section 20(3)
b: the goods were acquired before 1 April 2023; and
c: the goods were not acquired for the principal purpose of making taxable supplies; and
d: the goods were not used for the principal purpose of making taxable supplies.
2: The person may elect to return output tax equal to the amount set out in subsection (3) by notifying the Commissioner before 1 April 2025, in a way acceptable to the Commissioner, of—
a: the election; and
b: the election date; and
c: the information required by the Commissioner relating to the election.
3: If a person makes an election under subsection (2), they must return output tax equal to—
a: the input tax previously deducted for the supply minus the amount of output tax adjustments already made for non-taxable use; or
b: if the supply was acquired by them as a zero-rated supply, the nominal GST component chargeable under section 20(3J)(a)(i)
4: If after returning output tax under subsection (3), the person has claimed no deduction under section 20(3)
160: New schedule inserted (Non-taxable legislative charges)
After section 91 schedule
4: Amendments to Tax Administration Act 1994
161: Amendments to Tax Administration Act 1994
This Part amends the Tax Administration Act 1994 2023-03-31 Tax Administration Act 1994 sections 162(3) and (6), 164, 170, 171, 172, 173, 174, 175, 183 , 184, 185, 186, 187, 190, 197, 207, 208(1) and (5), 209, 213(2) and (3)(see s 2(7)—(32) for earlier application) 2023-04-01 Tax Administration Act 1994 sections 163, 166, 188(2) 192 and 193, 195, 198, 205, 208(2) and (4) — see section s (36); also sections not specified above or below (see s 2(1)) 2024-01-01 Tax Administration Act 1994 sections 162(4), (7), and (9), 165, 188(1), 189, 191, 201, 202(3), 210, 211 and 212 ( see s 2(38)) 2024-04-01 Tax Administration Act 1994 sections 167, 168, 169, 199, 208(3) and 213(1) (see s 2(39))
162: Section 3 amended (Interpretation)
1: This section amends section 3(1)
2: In the definition of civil penalty or 142I , 142I, 142J, or 142K
3: Insert, in appropriate alphabetical order: DRCD deferral date section RA 6(6) of the Income Tax Act 2007
4: Insert, in appropriate alphabetical order: extended model reporting standard for digital platforms
a: the model reporting standard for digital platforms; and
b: Part II of the Model Reporting Rules for Digital Platforms: International Exchange Framework and Optional Module for Sale of Goods
5: Insert, in appropriate alphabetical order: foreign exemption trust test period section HC 33 of the Income Tax Act 2007
a: no settlor is resident in New Zealand at any time in the period—
i: starting on the later of 17 December 1987 and the date on which a settlement was first made on the trust; and
ii: ending at the end of the test period:
b: the trustee takes a tax position that an amount of income derived by the trustee in or before the test period is exempt income under section HC 26 of the Income Tax Act 2007
6: In the definition of large multinational group 5.53 5.52
7: Insert, in appropriate alphabetical order: model reporting standard for digital platforms Model Rules for Reporting by Platform Operators with respect to Sellers in the Sharing and Gig Economy
a: developed by the Organisation for Economic Co-operation and Development and the Group of Twenty countries; and
b: agreed by the Council for the Organisation for Economic Co-operation and Development
8: In the definition of professional trustee
a: delete , in section 43B,
b: delete the words after as a trustee
9: Insert, in appropriate alphabetical order: reporting platform operator sections 22(2)(fe) and (lf), 94D, 142J, 143(2E), 185S, 185T, and 226F
10: Repeal the definition of resident foreign trustee
163: Section 4A amended (Construction of certain provisions)
In section 4A(3)(bc) unpaid, unpaid and
164: Section 18B amended (Requirements for revenue officers and other persons)
In section 18B(2) revenue information sensitive revenue information
165: Section 22 amended (Keeping of business and other records)
1: In section 22(2)(fb) resident foreign trustee resident trustee
2: In section 22(2)(fd) CRS applied standard,— CRS applied standard:
3: After section 22(2)(fd)
fe: is a reporting platform operator to whom sections 185S and 185T
4: After section 22(2)(le)
lf: for a reporting platform operator, evidence of steps undertaken in the operation of the digital platform, and information relied on for the performance of due diligence procedures and reporting requirements set out in the model reporting standard for digital platforms and the extended model reporting standard for digital platforms, as applicable; and
5: In section 22(2C) resident foreign trustee resident trustee resident foreign trustees resident trustees
166: Section 23I amended (Employment income information requirements for employees)
In section 23I a PAYE income payment to the Commissioner under section RD 21(1)(a) of the Income Tax Act 2007 employment-related tax obligations as if an employer under section CE 1F(3) of the Income Tax Act 2007
167: New section 23IB inserted (Employment income information requirements in relation to certain cross-border employees)
After section 23I
23IB: Employment income information requirements in relation to certain cross-border employees
A person that is required to provide employment income information relating to a PAYE income payment to the Commissioner under section RA 15(4B) of the Income Tax Act 2007
168: Section 24H amended (Exempt schedular payments)
In section 24H is to be withheld. is to be withheld. For this purpose, the Commissioner may include in the notification a retroactive period of up to 92 days before the date of their application in which to include a schedular payment.
169: New section 24HB inserted (Schedular payments: tax obligations undertaken by nominated persons)
After section 24H
24HB: Schedular payments: tax obligations undertaken by nominated persons
When this section applies
1: This section applies in relation to a non-resident contractor that has a schedular payment under schedule 4, part A of the Income Tax Act 2007 Nominating person to carry out tax obligations
2: The contractor may nominate the person to carry out the contractor’s tax obligations under section 124F Notifying Commissioner
3: The nominated person must notify the Commissioner that they act on behalf of the contractor in discharging the contractor’s tax obligations for the tax year in relation to the payment. Compliance history
4: The actions of the nominated person or a party to the arrangement with the contractor may provide a compliance history for the purposes of section RD 24(1)(c) of the Income Tax Act 2007 section 24H No separate return
5: The contractor may not make a separate assessment or return for the tax year, unless they are, for part of the corresponding income year, not part of the arrangement. Joint and several liability
6: Despite subsections (2) and (3), each person who is part of the arrangement is jointly and severally liable for the contractor’s tax payments.
170: Section 25E amended (Who must provide investment income information to Commissioner)
In section 25E(1)(i) section FL 2 or FL 3
171: Section 25G amended (Information on dividends)
1: After the heading to section 25G Delivery of investment income information
2: In section 25G Certain dividends derived by dual resident companies
2: For the purposes of subsection (1) and a dividend described in section CD 1(3) of the Income Tax Act 2007
172: Section 25M amended (Information from emigrating companies)
1: After the heading to section 25M Delivery of investment income information
2: Replace section 25M(b)
b: by the relevant date set out in subsection (2).
3: In section 25M Due date
2: The relevant date is,—
a: for an emigrating company that is treated under section FL 2 of the Income Tax Act 2007
b: for an emigrating company that is treated under section FL 3 of the Income Tax Act 2007
173: Section 29 amended (Shareholder dividend statement to be provided by company)
1: Replace section 29(1C)
1C: The company must give the shareholder dividend statement to the shareholder—
a: at the time of payment of the dividend, if neither of paragraphs (b) and (c) applies; or
b: before the date that is 3 months after the time of emigration, if the company is treated under section FL 2 of the Income Tax Act 2007
c: before the date that is 3 months after the earliest of the events described in section FL 3(1)(a) to (c)
2: After section 29(2)
3: For the purposes of this section, a company that pays to a shareholder a dividend described in section CD 1(3) of the Income Tax Act 2007
174: Section 43B amended (Trustees of non-active trusts and administrators or executors of non-active estates may be excused from filing returns)
1: Replace the heading to section 43B Trustees, administrators, or executors of certain trusts or estates not required to file returns
2: In section 43B(1)(c) the person has if the trust or estate has a tax file number, the person has
3: In section 43B(2)(a) income assessable income
4: Replace section 43B(2)(c)
c: has not been a party to, or perpetuated, or continued with, transactions with assets of the trust or estate with a person who is associated with the trustee of the trust or executor or administrator of the estate which, during the income year corresponding to the tax year,—
i: give rise to income in that person’s hands; or
ii: give rise to fringe benefits to that person in their capacity as an employee or former employee.
5: In section 43B(3)(b) 200 1,500
6: Replace section 43B(3)(c)
c: income derived by the trustee of a trust or an administrator or executor of an estate during the tax year that would be reportable income, as defined in section 22D of the Tax Administration Act 1994
7: In section 43B(3)(d) rates, interest,
8: After section 43B(3)
3B: If subsection (1) does not apply, a person who is a trustee of a trust is also not required to make a return of income for a tax year for the trust—
a: if the trust is a testamentary trust; and
b: the trust is a complying trust under section HC 10 of the Income Tax Act 2007
c: if the trust has a tax file number, the person has provided to the Commissioner, in a form approved by the Commissioner,—
i: a declaration that the trust meets the requirements of this subsection and that the person will notify the Commissioner if the trust ceases to meet those requirements; and
ii: a statement of the matters required by the Commissioner; and
d: the trustee of the trust has derived no assessable income or has derived assessable income that would be reportable income, as defined in section 22D of the Tax Administration Act 1994
e: the trustee of the trust has derived an amount, that does not exceed $1,000 in total for the tax year, of assessable income that is not reportable income, as defined in section 22D of the Tax Administration Act 1994
9: Replace section 43B(4)
4: If subsection (2) or (3B) cease to apply to a trust or estate, a trustee of the trust or administrator or executor of the estate must notify the Commissioner that the relevant subsection no longer applies.
10: Replace section 43B(5)
5: Despite subsection (1) or (3B), a person referred to in subsection (1) or (3B) must furnish a return of income if required by the Commissioner to do so.
11: Subsections (1), (2), (5), (6), (7), (8), (9), and (10) apply for the 2021–22 and later income years.
175: Section 59BA amended (Annual return for trusts)
1: In section 59BA(3)(a) (which relates to non-active trusts)
2: In section 59BA(3)(b) foreign trust foreign exemption trust
3: Subsections (1) and (2) apply for the 2021–22 and later income years.
176: Section 59B amended (Foreign trust with resident foreign trustee: registration and disclosure)
1: In section 59B Foreign trust with resident foreign trustee Foreign exemption trust
2: Replace section 59B(1)
1: The Commissioner may register a foreign exemption trust if a trustee pays the prescribed fee.
1B: The Commissioner may treat the registration of a trust under subsection (1) as being in force from a date preceding the successful application for registration of the trust, if the Commissioner considers that the trustee made reasonable efforts to obtain registration at the earlier date.
1C: A trust that is registered under this section as a foreign trust at the start of the day on which the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023
3: Replace section 59B(2)
2: A trustee of a foreign exemption trust must apply to the Commissioner for registration of the foreign exemption trust, provide the information required by subsection (3) and the declaration required by subsection (4), and pay the prescribed fee.
2B: The requirement under subsection (2) for a trustee to register a foreign exemption trust commences on the later of—
a: the date (the amendment assent date Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023
b: the due date for an income tax return of the trust relating to the first income year for which the trust meets the requirements to be a foreign exemption trust.
4: In section 59B(3) foreign trust foreign exemption trust
5: In section 59B(3)(b)(i) is in the business of providing trustee services is a professional trustee
6: Replace section 59B(3)(c)(vi) and (vii)
vi: each beneficiary that is not a minor and has a fixed interest in the trust:
vib: each nominee for a beneficiary that has a fixed interest in the trust:
vii: the parent or guardian of a beneficiary that is a minor and has a fixed interest in the trust:
7: Replace section 59B(3)(d) and (e)
d: for each beneficiary that is a minor and has a fixed interest in the trust, the name, date of birth, and taxpayer identification number of the beneficiary:
e: for each beneficiary or class of beneficiary that has a discretionary interest in the trust, details sufficient for the Commissioner to determine, when a distribution is made under the trust, whether a person is a beneficiary:
8: After section 59B(3)(e)
eb: for each beneficiary or class of beneficiary that has a residual interest in the trust, details sufficient for the Commissioner to determine, when a distribution is made in the winding up of the trust, whether a person is a residual beneficiary:
9: Replace section 59B(3)(f)
f: a copy of the trust deed, will, or other document that creates and governs the trust (the creating document
10: In section 59B(6) to the Commissioner , within 30 days of becoming aware of the anticipated date of the cessation,
11: After section 59B(6)
6B: A contact trustee who anticipates a change in the trustee’s e-mail address, physical residential address, or other contact details, must provide the Commissioner with details of the change within 30 days of becoming aware of the anticipated change.
12: Replace section 59B(7)
7: Each trustee of a foreign exemption trust is responsible for the performance of the obligations imposed on a trustee relating to registration of the trust, disclosure of information, annual returns, financial statements, and payment of fees.
13: Subsections (7) and (8) do not apply for a trust except if the trustee makes an application for registration after the date on which the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023 receives the Royal assent.
177: Section 59C amended (Time limits for registration and disclosure of changes)
1: Replace section 59C(1)
1: A trustee who becomes required to register a foreign exemption trust under section 59B(2B)
a: on the date (the amendment assent date Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023
b: after the amendment assent date, is required to apply for the registration in the period of 30 days from which the requirement commences, except if subsection (3) applies.
2: Replace section 59C(2)
2: A trustee who is required by section 59B(5)
3: In section 59C(3)(a) foreign trust trust
4: Replace section 59C(3)(b)
b: for each trustee of the trust who is responsible for the performance of the obligations imposed by section 59B
5: In section 59C(3)(c) the foreign trust is not in the business of providing trustee services the trust is not a professional trustee
6: Replace section 59C(3)(d)
d: the end of the period of 4 years and 30 days beginning with the earliest date on which the trust becomes a foreign exemption trust (the grace period
178: Section 59D amended (Annual return for foreign trust)
1: In section 59D foreign trust foreign exemption trust
2: Replace section 59D(1)
1: A trustee of a foreign exemption trust must provide to the Commissioner a return for the trust, the declaration required by subsection (2B), and the prescribed fee, for each year (the return year
a: includes a period in which—
i: a trustee of the trust derives income for which the trustees of the trust take a tax position that the income is exempt income under section HC 26 of the Income Tax Act 2007
ii: the trust is registered as a foreign exemption trust or a trustee is required to register the trust; and
b: ends with—
i: a date (the balance date
ii: 31 March if the trustee does not prepare financial statements and is not required to prepare financial statements; and
c: begins after 31 March 2023, if a trustee becomes required to register the trust on the date of enactment of this subsection; and
d: if the trustee has a grace period referred to in section 59C(3)
3: In section 59D(2)(e) the age the date of birth
4: After section 59D(2)(e)
f: details of each addition or alteration to a particular provided with an application for registration or in an earlier return, if the details have not been provided earlier.
5: After section 59D(2)
2B: The trustee must provide a signed declaration that each settlor referred to in subsection (2)(c)—
a: is deceased; or
b: despite the efforts of the trustee detailed in the declaration, cannot be located by the trustee; or
c: has been informed of, and has agreed to provide the information necessary for compliance with the requirements relating to the provision of information relating to the settlement, the trust, and persons connected with the trust, imposed by all of—
i: the Tax Administration Act 1994:
ii: the Anti-Money Laundering and Countering Financing of Terrorism Act 2009
iii: the regulations made under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009
6: Replace section 59D(3)
3: A return and the prescribed fee for a foreign exemption trust and a return year must be provided by a trustee to the Commissioner by the later of—
a: the date by which the trustee is required to apply for registration of the trust:
b: the date that is—
i: 6 months after the balance date for the trust and the return year, if the trust has a balance date; or
ii: the 30 September following the end of the return year, if the trust does not have a balance date.
179: New section 59DB inserted (Deregistration of foreign exemption trusts)
After section 59D
59DB: Deregistration of foreign exemption trusts
1: The Commissioner may deregister a trust that is registered as a foreign exemption trust if the Commissioner considers that the trust,—
a: at the time of registration, did not meet the requirements for registration:
b: after the time of registration, ceased to meet the requirements for registration.
2: A deregistration under subsection (1) may be effective from—
a: the time of registration, if the Commissioner considers the trust did not meet the requirements for the registration; or
b: a time after the registration at which the Commissioner considers the trust had ceased to meet the requirements for registration.
3: If the Commissioner proposes to deregister a trust, the Commissioner must give notice of the proposal to the contact trustee of the trust not less than 30 days before the deregistration is implemented.
4: The contact trustee for a trust must apply to the Commissioner for deregistration of the trust if the trustee becomes aware that the trust does not meet the requirements for registration.
5: A trustee making an application under subsection (4) must provide with the application—
a: the reasons for the application; and
b: a return for the trust for the income year, or part of the income year, for which the trust meets the requirements for registration and that includes the day before the day on which the trust ceases to meet the requirements for registration; and
c: further information required by the Commissioner.
180: Section 59E amended (Fees: regulations and exemption)
1: In section 59E(1) foreign trust foreign exemption trust
2: In section 59E(3) foreign trust foreign exemption trust
3: In section 59E(5)
a: replace resident foreign trustee trustee
b: replace foreign trust foreign exemption trust
4: Replace section 59E(5)(b)
b: is not a professional trustee.
181: Section 61 amended (Disclosure of interest in foreign company or foreign investment fund)
In section 61(1B) resident foreign trustee trustee
182: New section 61B inserted (Disclosure requirements for high-value assets intended to be used in making taxable supplies)
After section 61
61B: Disclosure requirements for high-value assets intended to be used in making taxable supplies
1: A registered person who acquires land, a ship, or an aircraft, with the intention of using it to make taxable supplies must disclose to the Commissioner, in the form and by the deadline prescribed by the Commissioner,—
a: the existence and nature of the acquisition; and
b: such other information as may be required by the Commissioner.
2: The Commissioner may exempt any person or class of persons from the requirements of subsection (1) where, in the opinion of the Commissioner, that person is at low risk of using the relevant asset for a use other than for making taxable supplies.
3: For the purposes of this section,—
a: aircraft section 2 of the Civil Aviation Act 1990
b: land section 2 of the Goods and Services Tax Act 1985
c: ship section 2 of the Maritime Transport Act 1994
183: Section 68CB amended (Research and development tax credits: general approval)
1: In section 68CB(1)(c) ; and .
2: Delete section 68CB(1)(d)
3: After section 68CB(3)
3B: If a person’s research and development activities materially change during the period of an approval, and they want the change to be covered by the approval, they must apply to the Commissioner for a variation of the approval by the deadline in subsection (7) or (7B), as applicable.
4: Subsections (1), (2), and (3) apply for the 2020–21 and later income years.
184: Section 68CC amended (Research and development tax credits: greater than $2 million approval)
1: After section 68CC(4)
4B: If a person’s criteria and methodologies materially change during the period of an approval, and they want the change to be covered by the approval, they must apply to the Commissioner for a variation of the approval by the deadline in subsection (8).
2: Subsection (1) applies for the 2020–21 and later income years.
185: Section 69 amended (Annual ICA return)
1: In section 69(1) An imputation credit account (ICA) company Subject to subsection (3), an imputation credit account (ICA) company
2: After section 69(2)
3: Subsection (1) does not apply to an ICA company that is a member of a consolidated imputation group if the ICA for the company has a nil balance at all times during the relevant tax year.
3: Subsections (1) and (2) apply for the 2020–21 and later tax years.
186: Section 70C amended (Statements in relation to R&D loss tax credits and R&D repayment tax)
1: Replace section 70C(2)
2: The statement described in subsection (1) must be filed with the Commissioner no later than the 31 March after the end of the relevant tax year.
2: Replace section 70C(2)
2: The statement described in subsection (1) must be filed with the Commissioner no later than the day that is 30 days after the last day for filing a return of income for the relevant tax year under section 37
3: Subsection (1) applies for the 2015–16 and later tax years.
4: Subsection (2) applies for the 2022–23 and later tax years.
187: Section 89AB amended (Response periods)
1: Replace section 89AB(3)
3: When the initiating notice is a notice of assessment issued by a taxpayer, the response period for a notice of proposed adjustment under section 89DA
2: Replace section 89AB(4)
4: When the initiating notice is either a notice of disputable decision or a notice revoking or varying a disputable decision that is not an assessment, the response period for a notice is—
a: a 2-month period starting on the date of issue of the initiating notice; or
b: for a notice of proposed adjustment, a 4-month period starting on the date of issue of the initiating notice.
3: Repeal section 89AB(6)
4: Subsections (1), (2), and (3) apply for the 2009–10 and later income years.
188: Section 89C amended (Notices of proposed adjustment required to be issued by Commissioner)
1: After section 89C(lba)
lbab: the assessment is of a penalty under section 142J or 142K
2: After section 89C(lb)
lbb: the assessment extinguishes all or part of a taxpayer’s excess amount under section EL 4 of the Income Tax Act 2007 section 177C(5BA)
189: New section 91AABB (Determinations relating to monetary threshold in extended model reporting standard for digital platforms)
After section 91AAB
91AABB: Determinations relating to monetary threshold in extended model reporting standard for digital platforms
1: For the purpose of section 185T
2: The Commissioner may amend, if necessary, the New Zealand dollar equivalent of the threshold referred to in subsection (1) to account for exchange rate fluctuations to ensure its consistency with the reporting standard.
3: The determination may set out the year or years for which it is to apply, but it may not apply for years before the implementation of the extended model reporting standard for digital platforms under section 185T(1)
4: The determination may provide for the extension, limitation, variation, cancellation, or revocation of an earlier determination.
5: A person affected by a determination made under this section may dispute or challenge the determination under Parts 4A and 8A
6: Within 30 days of having made a determination under this section, the Commissioner must publish a notice in a publication chosen by the Commissioner setting out the New Zealand dollar equivalent that is the subject of the determination, any necessary amendment caused by exchange rate fluctuations, and the periods for which the threshold is to apply.
190: Section 91C amended (Taxation laws in respect of which binding rulings may be made)
1: Repeal section 91C(4)
2: Subsection (1) applies for the 2009–10 and later income years.
191: New section 94D inserted (Assessment of penalties related to requirements under model rules)
After section 94C
94D: Assessment of penalties related to requirements under model rules
1: The Commissioner may make an assessment for a reporting platform operator of the amount of a penalty under section 142J(1) to (5)
2: The Commissioner may make an assessment for a seller operating on a digital platform of a reporting platform operator of the amount of a penalty under section 142K
3: Despite subsections (1) and (2), this section does not apply in so far as the operator or seller, as applicable, establishes in proceedings challenging the assessment that the assessment is excessive or that the operator or seller, as applicable, is not chargeable with the penalty.
192: New section 108AC inserted (Time bar for amending assessment of student loan deductions)
After section 108AB
108AC: Time bar for amending assessment of student loan deductions
1: The Commissioner may not amend an assessment when—
a: a taxpayer provides employment income information that includes an amount of salary or wage deductions required to be made under the Student Loan Scheme Act 2011
b: 4 years have passed from the date on which the taxpayer provided the employment income information.
2: However, the Commissioner may amend the assessment at any time if the Commissioner is of the opinion that either or both of the following apply:
a: employment income information provided by a taxpayer is fraudulent or wilfully misleading:
b: there would be a significant adverse effect on a borrower, as defined in section 4(1) of the Student Loan Scheme Act 2011
3: This section is subject to section 64 of the Student Loan Scheme Act 2011
193: Section 120B amended (Persons excluded)
After section 120B(bb)
bc: a non-resident employer who incorrectly concludes that they do not have to withhold and pay, or pay, an amount of tax for a PAYE income payment to a cross-border employee to the Commissioner in an income year, and the employer—
i: has either 2 or fewer employees present in New Zealand during the income year or pays $500,000 or less of employment-related taxes for the income year; and
ii: has, within 60 days of a relevant failure to withhold and pay, or pay, taken reasonable measures to manage their employment-related tax obligations:
194: Section 124G amended (Refusal, removal, or disallowance of status of tax agents, representatives, and nominated persons)
In section 124G(4)(b) , whether by blood relationship or by adoption
195: Section 139A amended (Late filing penalty for certain returns)
1: In section 139A(6) Subsections (7) to (9) Subsections (7) and (8)
2: In section 139A(7) Subject to subsection (9), the The
3: Repeal section 139A(9)
4: Subsections (1), (2), and (3) apply to penalties imposed on or after 1 April 2023.
196: New section 139AC inserted (Penalty for trustee’s failure to register, provide information for, foreign exemption trust)
After section 139AB
139AC: Penalty for trustee’s failure to register, provide information for, foreign exemption trust
1: A trustee of a foreign exemption trust is liable to pay a penalty under this section if the trustee fails to comply with the requirements of section 22, 59B, 59C, or 59D
2: The penalty under this section is the amount specified by the Commissioner, which must not be more than $1,000.
3: A trustee is not liable to pay a penalty under this section for a failure to comply with requirements if the Commissioner is satisfied that the trustee makes reasonable efforts to comply with the requirements and to remedy the non-compliance with the requirements.
4: The due date for payment of a penalty imposed under this section is the later of—
a: 30 days after the date on which the Commissioner issues the notice of assessment for the penalty:
b: the date specified by the Commissioner in the notice of assessment as being the due date for payment of the penalty.
197: Section 141 amended (Tax shortfalls)
1: In section 141(1) this section this section unless otherwise specified in a provision of an Inland Revenue Act
2: Repeal section 141(7C) and (7D)
3: Subsection (2) applies for the 2009–10 and later income years.
198: Section 141ED amended (Penalty for unpaid amounts of employers’ withholding payments)
After section 141ED(1)
1B: This section and sections 139A and 139B
a: has either 2 or fewer employees present in New Zealand during the income year or pays $500,000 or less of employment-related taxes for the income year; and
b: has, within 60 days of a relevant failure to withhold and pay, or pay, taken reasonable measures to manage their employment-related tax obligations.
199: New section 141GC inserted (Grace periods for certain schedular payments)
After section 141GB
141GC: Grace periods for certain schedular payments
1: This section applies when—
a: a person (the payer section RD 3 and schedule 4, part A of the Income Tax Act 2007
b: at the time of the payment, it is unclear whether the payer is liable to withhold an amount of tax for the schedular payment, whether because of the application of an exemption threshold or otherwise; and
c: some or all of the amount of tax is underpaid at the due date for payment of the tax; and
d: the payer is able to demonstrate that they have taken reasonable measures to comply with their tax obligations for the schedular payment.
2: When a threshold under section RD 8 grace period
a: the date of the breach:
b: the date on which the employer could reasonably foresee that a breach will occur.
3: To the extent to which the payer remedies the underpayment of the amount of tax by the end of the grace period, the payer is not liable to pay interest under Part 7 Part 9
200: Section 142B amended (Due date for shortfall penalties)
Repeal section 142B(2)
201: New sections 142J and 142K inserted
After section 142I
142J: When reporting requirements for operators under model rules for digital platforms not met
1: This section applies when a reporting platform operator (the operator
a: is required under sections 185S and 185T
i: the model reporting standard for digital platforms:
ii: the extended model reporting standard for digital platforms; and
b: does not meet the requirements in relation to sellers operating on the digital platform in cases where the non-compliance is serious or unreasonable.
2: The operator is liable to pay a penalty of $300 for each occasion on which the operator does not meet the requirements.
3: The operator is not liable to pay a penalty under subsection (2) if the failure to meet the requirements is shown to be due to circumstances outside the control of the operator.
4: If the operator does not take reasonable care to meet a requirement, and no penalty is imposed under subsection (2), the operator is liable to pay a penalty of—
a: $20,000 for the first occasion:
b: $40,000 for each further occasion.
5: The total amount of penalties for a reportable period for which an operator is liable must not be more than—
a: $10,000 for a penalty under subsection (2):
b: $100,000 for a penalty under subsection (4).
6: The due date for payment of a penalty imposed under this section is the later of—
a: 30 days after the date on which the Commissioner makes the assessment for the penalty:
b: the date set out by the Commissioner in the notice of assessment as being the due date for payment of the penalty.
142K: When reporting requirements for sellers operating on digital platforms not met
1: This section applies when a seller operating on a digital platform—
a: is required under sections 185S and 185T
b: does not meet the requirements.
2: The seller is liable to pay a penalty of $1,000 if they—
a: provide false or misleading information to the reporting platform operator about either themselves or another person or entity:
b: do not provide information to the reporting platform operator about either themselves or another person or entity within a reasonable time after having received a request for the information:
c: do not provide information that they are required to provide to the reporting platform operator as a seller operating on the digital platform under—
i: the model reporting standard for digital platforms:
ii: the extended model reporting standard for digital platforms.
3: The due date for payment of a penalty imposed under this section is the later of—
a: 30 days after the date on which the Commissioner makes the assessment for the penalty:
b: the date set out by the Commissioner in the notice of assessment as being the due date for payment of the penalty.
202: Section 143 amended (Absolute liability offences and strict liability offences)
1: In section 143(1B)
a: in the words before paragraph (a), replace resident foreign trustee trustee of a foreign trust
b: in paragraph (b), replace resident foreign trustee trustee
2: Replace section 143(1C)
1C: No person who is a trustee of a foreign exemption trust may be convicted of an offence against subsection (1)(b) for not disclosing information required to be disclosed under section 59B or 59D
3: After section 143(2D)
2E: No person may be convicted of an offence against subsection (1) if the requirement with which the person does not comply is a requirement under—
a: the model reporting standard for digital platforms:
b: the extended model reporting standard for digital platforms.
203: Section 147 amended (Employees and officers)
In section 147(2B)
a: replace a resident foreign trustee a trustee of a foreign trust
b: replace the resident foreign trustee the trustee
204: Section 147B amended (Directors and officers of resident foreign trustee)
In section 147B
a: in paragraph (a), words before subparagraph (i), replace resident foreign trustee resident trustee of a foreign trust
b: in paragraph (a)(i), replace resident foreign trust resident trustee
c: in paragraph (a)(ii), replace resident foreign trustee resident trustee
d: in paragraph (b), replace resident foreign trustee resident trustee
205: Section 167 amended (Recovery of tax and payments from employers or PAYE intermediaries)
Replace section 167(2)(a)
a: where the employer is, or 1 of whom is, an individual, upon the employer’s bankruptcy or upon the employer making an assignment for the benefit of the employer’s creditors, the amount of the tax or payment shall have the ranking provided for in section 274 of the Insolvency Act 2006
206: Section 173M amended (Transfer of excess tax to another taxpayer)
1: In section 173M(5) relative , or adoption
2: Repeal section 173M(6)(c)
207: Section 177B amended (Instalment arrangements)
1: In section 177B(7) sections LA 6(2) and LH 2(6) section LA 6(2)
2: Subsection (1) applies for the 2009–10 and later income years.
208: Section 177C amended (Write-off of tax by Commissioner)
1: In section 177C(5) who has a tax loss, other than a write-off under section 22J or 174AA
2: After section 177C(5)
5BA: If the Commissioner writes off outstanding tax for a taxpayer who has an excess amount under section EL 4 of the Income Tax Act 2007
a: dividing the amount written off by 0.33 and reducing the excess amount by that amount, if the taxpayer is not a company; or
b: dividing the amount written off by 0.28 and reducing the excess amount by that amount, if the taxpayer is a company.
3: In section 177C(5BA) EL 4 EL 4 or EL 20
4: Replace section 177C(5C)
5C: For a taxpayer for which the Commissioner writes off outstanding tax, subsection (5) applies before subsection (5BA), and subsection (5BA) applies before subsection (5B).
5: Subsection (1) applies for the 2018–19 and later income years.
209: Section 183ABAC amended (Remission of interest on terminal tax for 2020–21 tax year for provisional taxpayers affected by COVID-19)
In section 183ABAC(3)(b) terminal tax residual income tax
210: Section 185E amended (Purpose)
After section 185E(4)
5: Sections 185S and 185T
a: the model reporting standard for digital platforms:
b: subject to implementation, the extended model reporting standard for digital platforms.
211: New heading and sections 185S and 185T inserted
After section 185R Model reporting standards for digital platforms
185S: Requirements for reporting platform operators and sellers: model reporting standard
1: This section applies when a person who is resident in New Zealand carries on a business by way of a digital platform through which a seller of goods or services may operate in New Zealand.
2: The person who is the platform operator must comply with all the requirements for reporting platform operators set out in the model reporting standard for digital platforms.
3: The seller operating on the digital platform must comply with all the requirements to provide information under the model reporting standard for digital platforms to the platform operator.
4: For the purposes of Part 11B
a: a term defined in the reporting standard and used in this Act has the meaning that it has at the time in the reporting standard:
b: unless the context requires otherwise, a reference to a jurisdiction in the reporting standard is taken as a reference to New Zealand:
c: the optional provision contained in section I, A(3) of the reporting standard relating to excluded platform operators does not apply in New Zealand:
d: the commencement provision contained in section II, F(2)(a) in the reporting standard is treated as a reference to 1 January 2024:
e: the provision contained in section III, B(2)(c) and B(3)(c) in the reporting standard is treated as a reference to the list maintained by the Commissioner that outlines those receiving jurisdictions using financial account identifier information:
f: Annex A in the reporting standard does not apply:
g: for the purposes of section III, A(1) and A(2) of the reporting standard, a reference to 31 January is treated as a reference to 7 February.
185T: Implementation of and requirements for extended model reporting standard for digital platforms
1: For the purposes of sections 91AABB, 142J, 142K, 143(2E), 185E, and 185S
2: As required by section 185S(2) and (3)
3: Despite subsection (2), the platform operator may choose to apply only the model reporting standard for digital platforms under section 185S
a: are resident in New Zealand; and
b: are not resident in a country or territory other than New Zealand.
4: For the purposes of Part 11B
a: section 185S(4)
b: the Commissioner must determine and publish the New Zealand dollar equivalent to the monetary threshold in the definition of excluded seller in section I, B(4)(d) of the extended model reporting standard for digital platforms ( see section 91AABB
5: An Order in Council under this section may be made only in the period that starts on the date of commencement of the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023
6: An Order in Council made under this section is secondary legislation ( see Part 3 of the 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.
212: New section 226F inserted (Application of changes to model reporting standards for digital platforms)
After section 226E
226F: Application of changes to model reporting standards for digital platforms
1: The Governor-General may, by Order in Council, make regulations for a change in the model reporting standards for digital platforms providing for the cancellation, reversal, or non-application of—
a: a change to or the effect of a change on the model reporting standard for digital platforms or extended model reporting standard for digital platforms, as applicable:
b: a period for which a change or an effect applies or does not apply:
c: the effect of a change to the model reporting standard for digital platforms or extended model reporting standard for digital platforms, as applicable, on the obligations and liabilities of a person or entity or class of persons or entities.
2: A regulation may set out the period for which it is to apply, which must not begin before the latest reportable period that finishes before the regulation is made. If necessary or appropriate, a regulation may also make a change in the model reporting standards for digital platforms that applies during a reportable period.
3: When a change is made by regulations under this section and is expressed to apply for a reportable period in which the regulation is made as set out in subsection (2), the change applies from the date on which the regulation comes into force. Nothing in this section or in the regulation requires a reporting platform operator to give effect to the change from an earlier date.
4: A regulation may provide for the change, extension, limitation, suspension, or cancellation of an earlier regulation.
5: Regulations made under this section are secondary legislation ( see Part 3 of the 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.
213: Schedule 7 amended (Disclosure rules)
1: After schedule 7, part A, clause 3
3B: GST registration status
Despite section 18 Goods and Services Tax Act 1985 section 20(3)(de)
2: Repeal schedule 7, part C, clause 21(2)
3: After schedule 7, part C, clause 39B
39C: Chief executive responsible for administration of the Residential Tenancies Act 1986
1: Section 18 CE Residential Tenancies Act 1986 build-to-rent land Income Tax Act 200
2: No information will be disclosed unless the Commissioner is satisfied that the information is readily available and that it is reasonable and practicable to communicate the information.
4: Subsection (2) applies for the 2009–10 and later income years.
5: Amendments to other enactments
Amendments to Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022
214: Amendments to Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022
Sections 215 to 220 Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 2023-03-31 Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 sections 215–220, in force from 30 March 2022 (s s2(29))
215: Section 5 amended (Section 2 amended (Interpretation))
1: In section 5(4)(b) recipient details peculiar relevant
2: In section 5(4)(e) supply information the date of the supply the date of the invoice or, where no invoice is issued, the time of supply
216: Section 19 amended (New cross-headings and sections 19E to 19Q inserted)
1: In section 19(1)
d: the correction to the taxable supply information, including, if relevant, a correction to the amount of tax charged for the supply.
2: In section 19(1) has a value that the consideration in money or money’s worth for the supply
3: In section 19(1)
4: In section 19(1) the date of the supply the date of the invoice, or where no invoice is issued, the time of supply
5: In section 19(1)
b: for a supply that is not referred to in paragraphs (d) to (g) and the consideration in money or money’s worth for the supply exceeds $200 and does not exceed $1,000,—
i: the name and registration number of the supplier; and
ii: the date of the invoice or, where no invoice is issued, the time of supply; and
iii: a description of the goods or services; and
iv: if the amount of tax charged is the tax fraction of the consideration for the supply, the amount of the consideration for the supply and a statement that the amount includes a charge in respect of tax; and
v: if subparagraph (iv) does not apply, the total amount of tax charged for the supply, the consideration for the supply excluding the tax, and the consideration for the supply including the tax:
6: In section 19(1) has a value that the consideration in money or money’s worth for the supply
7: In section 19(1)
f: for a supply referred to in section 19L
8: In section 19(1)
19F: Records of supplies
1: A registered person who makes a supply of goods or services, or who receives a supply of goods or services for the purposes of carrying on a taxable activity, must have a record of the taxable supply information and supply correction information for the supply.
2: Despite subsection (1), a registered person is not required to keep a record of the GST registration number of the supplier if the amount of consideration for the supply is $200 or less.
9: In section 19(1)
b: the date of the invoice or, where no invoice is issued, the time of supply:
10: In section 19(1)
11: In section 19(1)
1: This section applies when a registered person—
a: purchases a supply of secondhand goods, that is not a taxable supply, for more than $200; and
b: claims an input tax deduction in respect of the supply.
12: In section 19(1)
13: In section 19(1)
1: A registered person who makes a taxable supply to another registered person must provide the recipient with taxable supply information for the supply within 28 days of a request for the taxable supply information.
14: In section 19(1) to which the agreement relates recipient
15: In section 19(1) to which the agreement relates to the recipient
16: In section 19(1)
5: A registered person who provides taxable supply information under subsection (4) for a taxable supply must provide the supplier with taxable supply information for the supply within 28 days of the request for the taxable supply information, or by an alternative date agreed by the supplier and recipient.
17: In section 19(1)
10: Where the Commissioner is satisfied that there are or will be sufficient records available to establish the particulars of any supply or class of supplies, and that it would be impractical to require that taxable supply information be provided under this section, the Commissioner may determine that, for a supplier or a class of suppliers, subject to any conditions that the Commissioner may consider necessary,—
a: any 1 or more of the particulars specified in section 19E(2)
b: taxable supply information is not required to be provided.
18: In section 19(1)
19L: Taxable supply information: supplies by member of GST group or supplier group
1: Taxable supply information for a member supply made by an active member of a GST group under section 55
a: either—
i: the name and registration number of the supplier; or
ii: the name and registration number of the representative member of the GST group; and
b: the other information that would be required if the supplier were not a member of a GST group.
2: Taxable supply information for a member supply made by a supplying member of a supplier group under section 55B
a: either—
i: the name and registration number of the supplier; or
ii: the name and registration number of the issuing member for the supplier group; and
b: the other information that would be required if the supplier were not a member of a supplier group.
3: Taxable supply information for a member supply made by an active member of a GST group is treated as being provided by the issuing member for the GST group or by the representative member if the GST group does not have an issuing member.
4: Taxable supply information for a member supply made by a supplying member of a supplier group is treated as being provided by the issuing member for the supplier group.
19: In section 19(1)
2: Where a registered person has provided to a person (the recipient
20: In section 19(1)
5: A registered person who has received a taxable supply from another registered person (the supplier
a: the registered person and the supplier agree that—
i: the supplier will not issue supply correction information under subsection (2) for taxable supplies by the supplier to the registered person to which the agreement relates; and
ii: the registered person will issue supply correction information, for each taxable supply by the supplier to the registered person to which the agreement relates; and
b: the registered person and the supplier record the reasons for entering the agreement if the terms of the agreement are not part of the normal terms of business between the registered person and the supplier; and
c: the Commissioner does not, before the supply correction information is issued, invalidate the agreement because the Commissioner considers that the registered person and the supplier have failed to comply with the agreement or with paragraph (b).
21: In section 19(1)
9: Where the Commissioner is satisfied that there are or will be sufficient records available to establish the particulars of any supply or class of supplies, and that it would be impractical to require that supply correction information be provided under this section, the Commissioner may determine that, subject to any conditions that the Commissioner may consider necessary,—
a: any 1 or more of the particulars specified in section 19E(1)
b: supply correction information is not required to be provided.
22: In section 19(1)
4: A reference in a document to a buyer-created tax invoice is to be read as including a reference to taxable supply information as described in section 19K(4)
217: Section 21 amended (Section 20 amended (Calculation of tax payable))
Repeal section 21(1)
218: Section 40 amended (Section 75 amended (Keeping of records))
Replace section 40(3)
3: After section 75(4)
4B: A registered person is not required to keep a record of the GST registration number of the supplier if the amount of consideration for the supply is $200 or less.
4: Subsections (1), (2), and (3) apply for taxable periods starting on or after 1 April 2023.
219: Section 168 amended (Section RP 17 amended (Tax pooling intermediaries))
In section 168(2) 2019–20 2017–18
220: Section 170 amended (Section RP 19 amended (Transfers from tax pooling accounts))
In section 170(2) 2019–20 2017–18 Amendment to Income Tax Act 2004
221: Amendment to Income Tax Act 2004
1: This section amends the Income Tax Act 2004
2: Replace section EW 15C(4)(a)
a: for a financial arrangement accounted for under the fair value method, a movement in fair value—
i: through a decline in the credit quality of the arrangement; or
ii: through an improvement in the credit quality of the arrangement to the extent to which it offsets earlier movements in fair value described in subparagraph (i): 2023-03-31 Income Tax Act 2004 in force from 1 April 2007 (see s 2(2)) Amendment to Companies Act 1993
222: Amendment to Companies Act 1993
1: This section amends the Companies Act 1993
2: After schedule 7, clause 1(2)(g)
ga: all employer contributions payable to the Commissioner of Inland Revenue under Part 3, subpart 3 of the KiwiSaver Act 2006 section 141(5) 2023-04-01 Companies Act 1993 s s 3(36) Amendment to Insolvency Act 2006
223: Amendment to Insolvency Act 2006
1: This section amends the Insolvency Act 2006
2: After section 274(2)(g)
ga: all employer contributions payable to the Commissioner of Inland Revenue under Part 3, subpart 3 of the KiwiSaver Act 2006 section 141(5) 2023-04-01 Insolvency Act 2006 see s 2(36) Amendments to Residential Tenancies Act 1986
224: Amendments to Residential Tenancies Act 1986
Sections 225 to 227 Residential Tenancies Act 1986 2023-03-31 Residential Tenancies Act 1986 in force from 1 October 2021, see s 2(25)
225: Section 2 amended (Interpretation)
In section 2(1) fixed-term tenancy section 58(1) section 58(1) or 58A
226: Section 50 amended (Circumstances in which tenancies are terminated)
In section 50(1)(a) 58(1)(d), (da), 58A
227: New section 58A inserted (Termination of tenancies in respect of build-to-rent land)
After section 58
58A: Termination of tenancies in respect of build-to-rent land
1: This section applies if a tenant has accepted an offer—
a: for a fixed-term tenancy of at least 10 years in respect of build-to-rent land; or
b: for an extension or renewal of such a tenancy, provided that the extension or renewal is for at least 10 years.
2: The tenant may terminate the tenancy by giving at least 56 days’ notice to the landlord.
3: In this section, build-to-rent land
a: land as described in paragraph (a) of the definition of build-to-rent land section YA 1 of the Income Tax Act 2007
b: includes land that, at any time after it first meets the description referred to in paragraph (a), fails to meet that description. |
LMS825598 | 2023 | Severe Weather Emergency Recovery Legislation Act 2023 | 1: Title
This Act is the Severe Weather Emergency Recovery Legislation Act 2023.
2: Commencement
This Act comes into force on the day after the date of Royal assent.
1: Preliminary provisions
3: Purposes
1: The principal purpose of this Act is to assist communities and local authorities affected by the severe weather events to respond to, and recover from, the impacts of the severe weather events and, in particular, to—
a: provide for the planning, rebuilding, and recovery of affected communities and persons, including—
i: the rebuilding of land, infrastructure, and other property of affected communities or of any affected persons; and
ii: the development, building, or rebuilding of land, infrastructure, or other property or access to resources or services in areas not affected by the severe weather events; and
iii: safety enhancements to, and improvements to the resilience of, that land, infrastructure, or other property; and
iv: facilitating co-ordinated efforts and processes for short-term, medium-term, and long-term recovery; and
v: facilitating the restoration and improvement of the economic, social, and cultural well-being, and enhancing the resilience, of affected communities or of any affected persons; and
vi: facilitating the restoration and resilience of the environment; and
b: provide for economic recovery.
2: This Act also has the purpose of—
a: ensuring that certain activities normally undertaken by people and agencies interacting with government agencies, Crown entities, and local authorities can continue to be undertaken after the severe weather events (whether in the same or a different way); and
b: supporting the operation of other legislation or enabling it to be relaxed or operate more flexibly, to take account of—
i: the severe weather events; or
ii: actions taken to respond to, or recover from, the severe weather events; and
c: amending other Acts to facilitate recovery from the severe weather events.
3: This Act facilitates the achievement of its purposes by providing opportunities for local Māori and local community group participation in the development of orders that affect them, without impeding a focused, timely, and expeditious recovery. 2011 No 12 s 3
4: Interpretation
1: In this Act, unless the context otherwise requires,— department legislation section 5(1) local authority
1: Auckland Council:
2: Bay of Plenty Regional Council:
3: Carterton District Council:
4: Central Hawke’s Bay District Council:
5: Far North District Council:
6: Gisborne District Council:
7: Hamilton City Council:
8: Hastings District Council:
9: Hauraki District Council:
10: Hawke’s Bay Regional Council:
11: Kaipara District Council:
12: Kawerau District Council:
13: Manawatu District Council:
14: Manawatū-Whanganui Regional Council:
15: Masterton District Council:
16: Matamata-Piako District Council:
17: Napier City Council:
18: Northland Regional Council:
19: Ōpōtiki District Council:
20: Ōtorohanga District Council:
21: Rangitikei District Council:
22: Rotorua District Council:
23: South Waikato District Council:
24: South Wairarapa District Council:
25: Tararua District Council:
26: Taupo District Council:
27: Tauranga City Council:
28: Thames-Coromandel District Council:
29: Waikato District Council:
30: Waikato Regional Council:
31: Waipa District Council:
32: Wairoa District Council:
33: Waitomo District Council:
34: Wellington Regional Council:
35: Western Bay of Plenty District Council:
36: Whakatane District Council:
37: Whangarei District Council Minister order section 7 Panel section 13 rebuilding
a: demolishing, removing, disposing of, reconstructing, altering, extending, repairing, improving, subdividing, or converting any land, infrastructure, or other property:
b: rebuilding communities recovery relevant Minister
a: in relation to any legislation (other than this Act or an instrument referred to in paragraph (b)), means the Minister who is, under the authority of any warrant or with the authority of the Prime Minister, responsible for the administration of the legislation:
b: in relation to a plan, programme, bylaw, or rule, means the Minister who is, under the authority of any warrant or with the authority of the Prime Minister, responsible for—
i: the administration of the Act under which that instrument is made; or
ii: if that instrument is made under secondary legislation, the administration of the Act under which the secondary legislation is made severe weather event
a: Cyclone Hale, which crossed the North Island during the period commencing on 8 January 2023 and ending on 12 January 2023:
b: heavy rainfall commencing on 26 January 2023 and ending on 3 February 2023 in the Northland, Auckland, Waikato, and Bay of Plenty regions:
c: Cyclone Gabrielle, which crossed the North Island during the period commencing on 12 February 2023 and ending on 16 February 2023 severe weather events affected area
a: the districts or regions of the local authorities affected (whether directly or indirectly) by 1 or more severe weather events; and
b: the districts or regions of the local authorities where land, infrastructure, other property, resources, or services are required to support an area affected by 1 or more severe weather events; and
c: the parts of the coastal marine area (within the meaning of section 2(1) territorial authority section 5(1)
2: For the purposes of applying the definition of local authority,—
a: the Manawatū-Whanganui Regional Council may perform or exercise its functions and powers under this Act or any Order in Council made under this Act only in relation to those parts of the districts of the following territorial authorities that are within the boundaries of the Manawatū-Whanganui Regional Council:
i: Manawatu District Council:
ii: Rangitikei District Council:
iii: Tararua District Council:
iv: Taupo District Council:
v: Waitomo District Council:
b: the Wellington Regional Council may perform or exercise its functions and powers under this Act or any Order in Council made under this Act only in relation to those parts of the districts of the following territorial authorities that are within the boundaries of the Wellington Regional Council:
i: Carterton District Council:
ii: Masterton District Council:
iii: South Wairarapa District Council:
iv: Tararua District Council.
3: If there is more than 1 relevant Minister for an order, the references in this Act to the relevant Minister must be treated as references to those Ministers acting together (unless the context otherwise requires).
4: For the purposes of paragraph (a) of the definition of severe weather events affected area, an effect on an affected area includes circumstances where subsequent events exacerbate the damage or other effects in that area caused by 1 or more serious weather events.
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
6: Act binds the Crown
This Act binds the Crown.
2: Orders in Council
7: Governor-General may make Orders in Council
1: The Governor-General may, by Order in Council made on the recommendation of the relevant Minister, grant exemptions from, modify, or extend any legislation, or any provisions of any legislation referred to in Schedule 2
2: An exemption from, modification of, or extension of any legislation or a provision—
a: may be absolute, or subject to terms or conditions; and
b: may be made by—
i: stating alternative means of complying with the legislation or provision:
ii: creating or substituting a discretionary power for the provision.
3: An exemption from, modification of, or extension of any legislation or a provision may be for the purposes of enabling the relaxation or suspension of legislation, or provisions in legislation, referred to in Schedule 2
a: may divert resources away from the effort to—
i: efficiently respond to the damage caused by a severe weather event:
ii: minimise further damage; or
b: may not be reasonably capable of being complied with, or complied with fully, owing to—
i: the circumstances resulting from 1 or more severe weather events:
ii: the effect of those events:
iii: work that is undertaken or needs to be undertaken to respond to or recover from those events.
4: Subsections (2) and (3) do not limit subsection (1).
5: In this Act, modify
a: in relation to legislation, includes adding provisions (including provisions that are additional):
b: in relation to a provision, includes replacing, disapplying, or suspending the provision:
c: includes dealing with a new subject matter if that is reasonably necessary in order to achieve the purposes of an order.
6: Orders in Council made under this section are secondary legislation ( see Part 3 2011 No 12 s 71 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. Key restrictions on orders
8: Relevant Minister may recommend order only for 1 or more purposes of Act, etc
1: The relevant Minister must not recommend the making of an order unless—
a: the relevant Minister is satisfied that—
i: the order is necessary or desirable for 1 or more purposes of this Act (other than the matter described in section 3(3)
ii: the extent of the order is not broader (including geographically broader in application) than is reasonably necessary to address the matters that gave rise to the order; and
iii: the order does not breach section 11
iv: the order does not limit or is a justified limit on the rights and freedoms in the New Zealand Bill of Rights Act 1990
b: a draft of the order has been reviewed by the Panel; and
c: a draft of the order has been provided to—
i: the Committee of the House of Representatives that is responsible for the review of secondary legislation; or
ii: if Parliament has been dissolved or has expired, each leader of a political party represented in the most recent Parliament (unless a leader cannot be contacted after reasonable efforts have been made); and
d: the relevant Minister has had regard to—
i: the Panel’s recommendations on the draft order; and
ii: the comments on the draft order (if any) that are provided by the Committee or a leader referred to in paragraph (c) and that are provided within 3 working days after the date on which the draft order is first provided under paragraph (c) (or within any longer time allowed by the relevant Minister); and
e: if the order relates to the Resource Management Act 1991
i: the effects on the environment that could occur as a result of the order; and
ii: whether any adverse effects can be avoided, remedied, or mitigated; and
f: the engagement process under section 9
2: The draft order provided to the Panel and under subsection (1)(c) must be accompanied by a draft of the relevant Minister’s reasons for a recommendation under subsection (1) (including why the draft order is appropriate).
3: Where a draft of the order has been subject to the process under subsection (1)(b), (c), (d), (e), or (f), that paragraph applies to a subsequent draft of the order only if the relevant Minister considers that, given the differences between the drafts, it would be appropriate to repeat the process. 2011 No 12 s 74
9: Engagement about proposal
1: For the purposes of section 8(1)(f)
a: make available the document referred to in subsection (2) to—
i: the persons or representatives of persons that the relevant Minister considers appropriate (including local Māori and local community groups), given the proposed effect of the order; or
ii: the public generally; and
b: invite those persons to make written comments on the document; and
c: give those persons 3 working days from the giving of the invitation within which to make their comments to the relevant Minister (or any longer time allowed by the relevant Minister); and
d: have regard to those comments that are received within the 3-working-day period (or within the longer time allowed by the relevant Minister).
2: The document must include—
a: an explanation of what the proposed order is intended to achieve; and
b: a description of the effect of the proposed order; and
c: an explanation of why the relevant Minister considers that the order is necessary or desirable for 1 or more purposes of this Act.
3: Subsections (1) and (5) and section 8(1)(f)
a: engagement is impracticable in the circumstances; or
b: the urgency of the situation requires that the order be made as soon as practicable without that engagement.
4: If subsection (3) is relied on, the relevant Minister’s reasons for relying on that subsection must be published together with the order.
5: The relevant Minister may extend the period allowed for the provision of comments under subsection (1)(c) or (d) for a period specified by the relevant Minister, if the relevant Minister considers this desirable, in light of local Māori interests and local community group interests likely to be affected by the order.
10: Reasons for order
If the relevant Minister makes a recommendation under section 7
11: Further restrictions on orders
1: Despite anything else in this Act, an order must not—
a: grant an exemption from or modify a requirement to—
i: release a person from custody or detention; or
ii: have any person’s detention reviewed by a court, Judge, or Registrar; or
b: grant an exemption from or modify a restriction on keeping a person in custody or detention; or
c: grant an exemption from or modify a requirement or restriction imposed by the Bill of Rights 1688 Constitution Act 1986 Electoral Act 1993 Judicial Review Procedure Act 2016 New Zealand Bill of Rights Act 1990 Parliamentary Privilege Act 2014
d: contain any provision that has the effect of amending a provision of this Act.
2: Subsection (1)(d) does not limit section 19 2011 No 12 s 71(6)
12: Orders must be kept under review
1: The relevant Minister must keep under review all orders for which they are responsible under section 7
2: For the purposes of subsection (1), the relevant Minister, in carrying out the review, must decide whether they continue to be satisfied in relation to the matters specified in section 8(1)(a) 2020 No 12 s 14(5) Severe Weather Events Recovery Review Panel
13: Severe Weather Events Recovery Review Panel
1: The Minister must appoint a Severe Weather Events Recovery Review Panel of up to 12 persons who have appropriate knowledge, skills, and experience to assist the Panel to perform its functions.
2: One of the members must be a former or retired Judge of the High Court (and that member will be the convener).
3: In appointing members of the Panel, the Minister must consider appointing members with—
a: knowledge, experience, or expertise in relation to 1 or more of the following matters:
i: law (including if possible, the Māori land tenure system under Te Ture Whenua Maori Act 1993
ii: environmental protection, health protection, primary industries, biodiversity, or climate change:
iii: the following interests in the severe weather events affected areas (whether that knowledge, experience, or expertise is local, regional, or applies more widely in the severe weather events affected areas):
A: local Māori interests:
B: community interests (including rural interests):
iv: emergency management (including recovery and resilience):
b: local perspectives in the severe weather events affected areas of Māori, Māori communities, and their interests and values, including mātauranga Māori (Māori traditional knowledge) and tikanga Māori (Māori protocol and culture), iwi, and hapū.
4: The Minister may seek nominations for appointments to the Panel from—
a: Local Government New Zealand; and
b: those Māori entities that the Minister considers have relevant knowledge of the severe weather events affected areas.
5: In this section, Māori entity
a: has the same meaning as in section 9
b: includes any entity or other body, incorporated or unincorporated, comprising or representing a collective group whose members are 1 or more of the Māori entities.
14: Matters relating to appointment
1: A member of the Panel must be appointed by notice of appointment in writing that—
a: states the date on which the appointment takes effect; and
b: states the term of the appointment.
2: If, for any reason, the convener is unable or unwilling to act in relation to a matter or class of matters,—
a: the convener may designate any other member of the Panel to act in the convener’s place; or
b: if the convener is unable or unwilling to act under paragraph (a), the Minister may designate any other member of the Panel to act in the convener’s place.
3: If a person ( A section 15
4: An appointed member vacates office if they—
a: are removed by written notice given by the Minister; or
b: resign by written notice given to the Minister.
5: The department must provide administrative support for the Panel. 2011 No 12 s 72
15: Panel may act by division
1: The convener may determine that the Panel may act in separate divisions of the Panel in relation to any matter or class of matters.
2: A division must, subject to section 14(2) and (3)
a: the convener; and
b: at least 3 other members of the Panel selected by the convener.
3: For the purposes of acting in relation to any matter or class of matters referred to a division of the Panel, the Panel consists of the division and section 16
16: Functions of Panel
1: The functions of the Panel are—
a: to review draft orders; and
b: to provide advice on request to both the Minister and the relevant Minister in relation to orders that may be required for 1 or more purposes of this Act.
2: Within 3 working days after the date on which a draft order is received for review, or within any longer time allowed by the relevant Minister, the Panel must—
a: review the draft; and
b: give the Panel’s recommendations to both the Minister and the relevant Minister.
3: A review by the Panel may be conducted in any manner that the convener thinks appropriate, including by telephone or video conference.
4: The convener has a casting vote if there are more than 2 members voting and there is an equality of votes.
5: The relevant Minister must ensure that the Panel’s recommendations on a draft order are publicly available on an Internet site.
6: The Panel’s recommendations must include the Panel’s reasons for making the recommendations.
7: The relevant Minister must, as soon as practicable after receiving the Panel’s recommendations on a draft order, present a copy of the recommendations to the House of Representatives. 2011 No 12 s 73 Further provisions about orders
17: Orders revoked on close of 31 March 2028
Every order is revoked on the close of 31 March 2028 (unless sooner revoked).
18: Validity of orders
1: An order may not be held invalid just because—
a: it is, or authorises any act or omission that is, inconsistent with any legislation referred to in Schedule 2
b: it confers any discretion on, or allows any matter to be determined or approved by, any person.
2: An order may be expressed to come into force on a day that is before, on, or after the date on which it is made, but not earlier than the first day of the earliest relevant severe weather event, and the order comes into force or, as the case may be, is deemed to have come into force accordingly.
3: An order may be retrospective only to the extent provided for in subsection (2).
4: So far as it is authorised by this Act, an order has the force of law as if it were enacted as a provision of this Act.
5: This section is subject to section 11 2011 No 12 s 75 Other orders
19: Order in Council may specify additional Acts
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, specify 1 or more Acts for the purposes of Schedule 2
2: The Minister may make a recommendation for an Order in Council under subsection (1) only if—
a: the Minister is satisfied that—
i: the Order in Council is necessary or desirable for 1 or more purposes of this Act; and
ii: the Order in Council does not breach section 11(1)(a) to (d)
b: a draft of the Order in Council has been provided to each leader of a political party represented in the current Parliament or, if Parliament has been dissolved or has expired, the most recent Parliament (unless a leader cannot be contacted after reasonable efforts have been made); and
c: the Minister is satisfied that there is unanimous or near-unanimous support for the Order in Council from those leaders.
3: The draft order provided under subsection (2)(b) must be accompanied by a draft of the Minister’s reasons for a recommendation under subsection (2) (including why the draft order is appropriate).
4: An Order in Council under section 7 section 18(2) and (3) section 7
5: Where a draft of the Order in Council has been subject to the process under subsection (2)(b) or (c), that paragraph applies to a subsequent draft of the order only if the Minister considers that, given the differences between the drafts, it would be appropriate to repeat the process.
6: Orders in Council made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
20: Order in Council to add Acts revoked if not approved by House
1: An Order in Council under section 19
2: The relevant period
a: the period of 10 sitting days of the House of Representatives after the date on which the Order in Council is made:
b: the period of 28 days after the date on which notice that the Order in Council has been made is given in the Gazette
3: An order under section 7 section 19
21: Reasons for order
If the Minister makes a recommendation under section 19
3: Amendments to other legislation
1: Amendments to Local Government Act 2002
22: Principal Act
This subpart amends the Local Government Act 2002 2023-04-13 Local Government Act 2002 Special consultative procedure
23: New sections 83B and 83C inserted
After section 83A
83B: Interpretation
1: In sections 83C, 93DA, 94A, and 95AAA severe weather event
a: Cyclone Hale, which crossed the North Island during the period commencing on 8 January 2023 and ending on 12 January 2023:
b: heavy rainfall commencing on 26 January 2023 and ending on 3 February 2023 in the Northland, Auckland, Waikato, and Bay of Plenty regions:
c: Cyclone Gabrielle, which crossed the North Island during the period commencing on 12 February 2023 and ending on 16 February 2023 severe weather events affected area section 4(1)
2: This section is repealed on the close of 30 September 2023.
83C: Use of special consultative procedure during recovery from severe weather events
1: A local authority that is required, by this Act or any other legislation, to use or adopt the special consultative procedure may take the modified approach to using the special consultative procedure that is set out in this section, in a severe weather events affected area.
2: When making decisions about the timing and manner of consultation steps in the course of using the special consultative procedure, the local authority may rely on 1 or more of the modifications set out in subsection (3)
3: The modifications to the special consultative procedure are as follows:
a: the minimum period referred to in section 83(1)(b)(iii) is 14 days:
b: the matters set out in section 83(1)(d) and (e) are highly desirable but not mandatory.
4: This section is repealed on the close of 30 September 2023. Amendment of long-term plans
24: New section 93DA inserted (Amendments to long-term plan after severe weather events)
After section 93D
93DA: Amendments to long-term plan after severe weather events
1: This section applies to a local authority using the special consultative procedure in making an amendment to the authority’s current long-term plan that applies in severe weather events affected areas.
2: Despite section 93D(4), the local authority may adopt a consultation document that does not contain a report from the Auditor-General as required by that provision if the local authority is satisfied that obtaining and including the report will prevent the authority from amending the long-term plan.
3: This section is repealed on the close of 30 September 2023.
25: New section 94A inserted (Long-term plan amended during recovery from severe weather events)
After section 94
94A: Long-term plan amended during recovery from severe weather events
1: This section applies to a long-term plan that is amended using a special consultative procedure in which the local authority adopts a consultation document of a kind authorised by section 93DA(2)
2: Despite section 94(2), the amended long-term plan is not required to contain a report by the Auditor-General of the kind required by that provision.
3: However, the amended long-term plan must contain a statement—
a: that the plan incorporates an amendment that has not been audited; and
b: that includes the reasons why the amendment was not audited.
4: The local authority must include a statement under subsection (3)
5: This section is repealed on the close of 30 September 2023.
26: New section 95AAA inserted (2023/2024 annual plan due date)
After section 95
95AAA: 2023/2024 annual plan due date
1: Section 95(3) does not apply to a local authority in a severe weather events affected area.
2: An annual plan that applies to a severe weather events affected area and that relates to the 2023/2024 financial year must be adopted before 30 September 2023.
3: This section is repealed on the close of 30 September 2023.
27: Schedule 8 amended
In Schedule 8
4A: 2023/2024 statement of intent
1: Clause 4 does not apply to a local authority in a severe weather events affected area.
2: The shareholders of a council-controlled organisation in a severe weather events affected area may, by written notice, extend a deadline specified in clause 1(2), 2, or 3 for a period or periods not exceeding in total 3 calendar months.
3: This clause is repealed on the close of 30 September 2023.
2: Amendment to Local Government (Auckland Council) Act 2009
28: Principal Act
This subpart amends the Local Government (Auckland Council) Act 2009 2023-04-13 Local Government (Auckland Council) Act 2009
29: New section 96A inserted (Timing of public meeting for shareholder feedback on 2023/2024 statement of intent)
After section 96
96A: Timing of public meeting for shareholder feedback on 2023/2024 statement of intent
1: The meeting otherwise required to be held under section 96(2)(a) before 30 June 2023 to consider the 2023/2024 draft statement of intent may instead be held on any date before 30 September 2023.
2: This section is repealed on the close of 30 September 2023.
3: Amendments to Resource Management Act 1991
30: Principal Act
This subpart amends the Resource Management Act 1991 2023-04-13 Resource Management Act 1991
31: Section 329A amended (Interpretation)
1: In section 329A(1) area Tararua Manawatū, Rangitikei,
2: This section is repealed on the close of 1 October 2024.
32: Section 331B amended (Owner or occupier of rural land may take emergency preventive or remedial measures)
1: In section 331B(4)(b) statutory acknowledgement or specified statutory overlay
2: In section 331B(4)(c) statutory acknowledgement or specified statutory overlay
3: In section 331B(4)(e) statutory acknowledgement or specified statutory overlay
4: In section 331B(7) culturally significant land is on, near, or adjoins is on or adjoins
5: In section 331B(7) culturally significant land
c: is within, is adjacent to, or directly affects the statutory overlay of ngā rohe moana and ngā rohe moana o ngā hapū o Ngāti Porou, as described in section 11 and Schedule 3 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019
6: In section 331B(7) specified statutory overlay
7: In section 331B(7) wāhi tapu site of cultural significance
ca: section 11 and Schedule 3 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019:
4: Reporting on and repeal of this Act
Report on operation of this Act
33: Reports on operation of this Act
1: The Minister must, at least once every 6 months, present to the House of Representatives a report relating to the operation of this Act since the last report was presented (or, in the case of the first report, since the commencement of this Act).
2: The report must, for the period covered by the report, include—
a: a list of the Orders in Council made under this Act during the period; and
b: a brief description of those orders. Repeal
34: Repeal of this Act
1: Subparts 1 2
2: Section 32
3: Subpart 3 section 32
4: Sections 7 to 21 Schedule 2
5: The rest of this Act is repealed on the close of 31 March 2028. 2023-10-01 Severe Weather Emergency Recovery Legislation Act 2023 See section 34(1) 2024-04-02 Severe Weather Emergency Recovery Legislation Act 2023 See section 34(2) 2024-10-02 Severe Weather Emergency Recovery Legislation Act 2023 See section 34(3) 2026-04-01 Severe Weather Emergency Recovery Legislation Act 2023 See section 34(4) 2028-04-01 Severe Weather Emergency Recovery Legislation Act 2023 |
LMS756103 | 2023 | Fire and Emergency New Zealand (Levy) Amendment Act 2023 | 1: Title
This Act is the Fire and Emergency New Zealand (Levy) Amendment Act 2023.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Fire and Emergency New Zealand Act 2017 2023-04-06 Fire and Emergency New Zealand Act 2017
4: Section 2 amended (Commencement)
1: Replace section 2(5)
5: Sections 80 to 140 (which relate to levies) come into force on 1 July 2026 unless earlier brought into force on a date appointed by the Governor-General by Order in Council.
2: Repeal section 2(6)
5: Section 6 amended (Interpretation)
In section 6 contract of fire insurance contract of fire insurance
6: Section 81 amended (Interpretation in this Part)
1: In section 81(1) amount insured contract of marine insurance
2: In section 81(1) contract of insurance contract of insurance
a: a contract of fire insurance:
b: a contract of motor vehicle insurance
3: In section 81(1) contract of fire insurance
a: means a contract of insurance, within the meaning of section 7 of the Insurance (Prudential Supervision) Act 2010, relating to property under which the property is insured against loss or damage by fire (whether or not the property is insured against other risks under the contract); but
b: does not include a contract of reinsurance within the meaning of section 6(1) of that Act contract of motor vehicle insurance
a: means a contract of insurance, within the meaning of section 7 of the Insurance (Prudential Supervision) Act 2010, relating to a motor vehicle under which either or both of the following apply:
i: the motor vehicle is insured against physical loss or damage:
ii: any person is insured against third party liability in connection with the use of the vehicle; but
b: does not include a contract of reinsurance within the meaning of section 6(1) of that Act sum insured
a: the insured value of the property as stated in the schedule of the contract of fire insurance, this being the amount that will be paid out in the event of a total loss before taking into account the following:
i: any amounts to be deducted before payment is made to the policyholder:
ii: additional limits, sub-limits, clauses, or extensions to the contract of fire insurance that cannot be accurately identified as part of a total loss until the event has occurred; and
b: if no insured value is stated in the schedule of the contract of fire insurance, the insured value of the property as calculated by the insurer, this being the amount that will be paid out in the event of a total loss before taking into account the following:
i: any amounts to be deducted before payment is made to the policyholder:
ii: additional limits, sub-limits, clauses, or extensions to the contract of fire insurance that cannot be accurately identified as part of a total loss until the event has occurred Example 1
A single contract of fire insurance insures several different types of property, such as buildings, plant and contents, and stock. Each type of property has an individual insured value in the contract of fire insurance. There is no overall insured value specified under the contract of fire insurance. The individual insured values are— buildings: $2,000,000 plant and contents: $500,000 stock: $800,000 The sum insured is the amount paid out in the event of a total loss (before considering deductions or additional limits in paragraph (a)(i) and (ii) The sum insured is $3,300,000 ($2,000,000 + $500,000 + $800,000). Note: If the contract of fire insurance specifies a total amount to be paid out in the event of a total loss, refer to example 2. Example 2
A contract of fire insurance contains multiple properties. Adding the maximum insured values of each individual property comes to $2,000,000. However, the schedule of the contract of fire insurance specifies that the insurer will pay for loss or damage for any 1 event up to an amount of $700,000. The sum insured is $700,000. Example 3
The schedule of a contract of fire insurance does not specify the insured value of the property under the contract. Under paragraph (b) Calculations for the deductible and additional limits are not required under paragraph (b)(i) and (ii) The sum insured is $800,000.
4: In section 81(1) declared value
5: In section 81(1) levy position amount insured or declared value sum insured
6: In section 81(1) qualified person
7: Section 82 repealed (Meaning of amount insured)
Repeal section 82
8: Section 83 repealed (Declared value)
Repeal section 83
9: Section 84 amended (Levy payable on motor vehicles)
In section 84(1) contract of insurance contract of motor vehicle insurance
10: Section 85 amended (Levy payable on other property)
1: In section 85(1) contract of insurance contract of fire insurance
2: In section 85(2) amount insured sum insured
11: Section 89 amended (Policyholder must pay amount of levy to insurer)
In section 89(1) under which property is insured against physical loss or damage
12: Section 102 amended (FENZ’s power to determine liability for levy in case of levy avoidance arrangement)
In section 102(3) amount insured sum insured
13: Section 141 amended (Levy regulations)
1: In section 141(1) against physical loss or damage under a contract of insurance
2: Replace section 141(2)
2: The regulations must,—
a: in respect of every motor vehicle that is insured under a contract of motor vehicle insurance, prescribe an annual levy amount per vehicle:
b: in respect of all other property that is insured under a contract of fire insurance, prescribe an annual rate of levy as a proportion of the sum insured.
14: Section 142 amended (Procedure for levy regulations)
Replace section 142(4)(b)
b: an estimate of the total sum insured for property insured under contracts of fire insurance and the likelihood of any change in that amount:
15: Schedule 1 amended
1: In Schedule 1 30 June 2025 30 June 2030
2: In Schedule 1 30 June 2025 30 June 2030
3: In Schedule 1, clause 42(1) 30 June 2025 30 June 2030
4: In Schedule 1, clause 42(2)(c) amount insured sum insured
5: In Schedule 1, clause 42(4)(b) 30 June 2025 30 June 2030
6: In Schedule 1, clause 43(1) amount insured or the declared value of the property sum insured |
LMS509579 | 2023 | Natural Hazards Insurance Act 2023 | 1: Title
This Act is the Natural Hazards Insurance Act 2023.
2: Commencement
This Act commences on the later of—
a: 1 July 2024; and
b: 12 months after Royal assent.
1: Preliminary provisions
3: Purposes of Act
The purposes of this Act are—
a: to reduce the impact of natural hazards on people, property, and the community by—
i: providing for first loss insurance for residential buildings and residential land against damage that is a direct result of natural hazards for the purposes set out in section 4
ii: contributing to improving awareness and understanding of matters relating to natural hazards; and
iii: contributing to improved natural hazard risk management; and
iv: contributing to improved readiness for, resilience to, and recovery from natural hazards; and
v: encouraging the availability and uptake of catastrophe insurance for residential buildings; and
b: to contribute to the management of the financial risk to the Crown of providing natural hazard cover by—
i: continuing the Fund and providing for its management; and
ii: imposing a levy to contribute to the cost of providing natural hazard cover; and
iii: providing for arranging reinsurance and other risk transfer products in respect of natural hazard cover; and
c: to enable the Commission to facilitate the Crown arranging reinsurance or other risk transfer products in respect of Crown risks beyond those covered in this Act.
4: Purposes of natural hazard cover
1: The primary purpose of natural hazard cover is to contribute to the replacement or reinstatement of dwellings that suffer natural hazard damage.
2: Natural hazard cover extends beyond a dwelling to certain other parts of the building where the dwelling is located, other structures, and infrastructure ( see section 30 sections 6 15
3: Natural hazard cover also extends to the land on which the building is situated and certain surrounding land, and retaining walls, bridges, and culverts ( see section 38 sections 16 19
4: Natural hazard cover provides cover for—
a: damage to residential buildings that is a direct result of an earthquake, hydrothermal activity, a landslide, a tsunami, or volcanic activity or a fire that is a consequence of any of those hazards; and
b: damage to residential land that is a direct result of any of those hazards or a storm or a flood, or a fire that is a consequence of a storm or flood.
5: Interpretation
1: In this Act, unless the context otherwise requires,— appurtenant structure section 11 see sections 13 14 arrange assessed market value sections 44 46 authorised person section 143 section 144 146 147 149 bridge or culvert section 18 building claim entitlement section 31 building cover subpart 2 capital expenditure section 2(1) claim section 52 claim handling costs claim settlement costs section 61 section 81 Code section 89 Commission section 125 Commission’s website common land section 19 common ownership interest section 20 common property section 13 complaint procedure section 91 diminution of value sections 42 46 dispute scheme section 101 dwelling section 6 earthquake eligible building section 7 excluded property Schedule 2 expenses section 2(1) financial settings section 134 fire insurance contract section 21 fire insurer section 21 flood floor area Fund section 108 funding and risk management statement section 136 GST Goods and Services Tax Act 1985 hydrothermal activity imminent damage section 24(3) insured person section 22 insured person’s land section 16 joint land section 19 joint ownership interest section 20 joint property section 14 land land claim entitlement section 39 land cover subpart 3 landslide see section 23(2) levy section 116 levy settings section 134 Minister mixed-use building section 8 natural hazard section 23 natural hazard cover Part 2 natural hazard damage section 24 natural hazard fire referable decision section 104 regulations section 159 reinstatement cost sections 41 46 replacement cost sections 32 33 residential building section 9 residential land section 17 residential percentage section 8 retaining wall section 18 review procedure section 92 reviewer section 98 service infrastructure section 12 see section 13 14 shared land section 19 shared ownership interest section 20 shared property section 15 storm tsunami undepreciated value sections 45 46 volcanic activity
2: In this Act, a reference to a distance in metres means that distance measured in a horizontal line. Dwelling, residential building, residential land, and related terms
6: Dwelling
1: A building, or part of a building, is a dwelling
a: it is self-contained with the facilities necessary for day-to-day living on an indefinite basis (including somewhere to cook, sleep, live, wash, and use a toilet); and
b: 1 or more of the following apply to it:
i: it is used by 1 or more persons to live in as their home:
ii: it is used by 1 or more persons as their holiday home:
iii: it is capable of being, and is intended by its owner to be, used for a purpose set out in subparagraph (i) or (ii).
2: A building, or part of a building, is also a dwelling
3: A building, or part of a building, that meets the criteria in subsection (1) or (2) is a dwelling even if it is used some of the time to provide temporary or transient accommodation. Temporarily ceasing to meet criteria
4: A building, or part of a building, that met the criteria in subsection (1) or (2) but temporarily ceases to do so, remains a dwelling if—
a: the cessation is because of—
i: building work (as defined in section 7
ii: physical loss or damage to the building or part of the building as a result of a natural hazard or a sudden and unexpected event that is not a natural hazard; and
b: the owner intends that the building, or part of the building,—
i: will again meet those criteria; and
ii: will not be used for any other purpose before then. Examples
Example 1 If a person is renovating their house and the work involves stripping out the kitchen and bathroom and replacing them, the house would probably not meet the criteria in subsection (1)(a) while that work was being done. However, it would still qualify as a dwelling under subsection (4). Example 2 If a person knocks down their house to build a new one, subsection (4) would not apply to the new house while it is under construction because it is not the same building as the one that previously met the criteria in subsection (1). Some facilities in separate building
5: A building, or part of a building, may meet the criteria in subsection (1)(a) even if some of the facilities referred to in that paragraph are in an appurtenant structure, provided that they are for the exclusive use of the owners or other occupants of the dwelling. Example
A holiday home whose toilet is in an outhouse may be a dwelling. A holiday home that is a cabin in a campground, where the occupants rely on a toilet in a shared ablution block, would not be a dwelling. Dwelling that is not a building
6: If a vehicle (including a motor vehicle, trailer, boat, or aircraft) or structure (or part of a vehicle or structure) that is not ordinarily considered to be a building is immovable,—
a: it is taken to be a building (or part of a building); and
b: is a dwelling Example
A caravan that is permanently fixed to piles and is connected to power, water, and sewerage services, and that is being used on an indefinite basis as a person’s home, may be a dwelling. Large-scale accommodation
7: A building, or part of a building, is not a dwelling under subsection (1) (even if it meets the criteria in that subsection) if—
a: it is used to provide accommodation on a scale larger than is typical for use as the home of a single household; and
b: it is not intended by the owner to be used as the home of a single household. Examples
Example 1 A university or boarding school hostel that accommodates 100 people in dormitories with communal living and dining areas is on a scale larger than a typical family home, so is unlikely to be a dwelling. Example 2 A large family home that is the home for a single household would be a dwelling even if it has extensive facilities for visitors. Example 3 A house where occupants rent an individual room and share communal facilities is also likely to be a dwelling because it is on the scale of a single household home even though it is not currently being used as such. Excluded property
8: Property that would otherwise be part of a dwelling is not part of a dwelling if it is excluded property. Clarifying uncertainty
9: However, if the regulations state that buildings, vehicles, or structures (or parts of them) of a particular class are or are not dwellings, a building, vehicle, or structure in that class is, or is not, a dwelling (as the case may be).
10: The Minister must not recommend the making of those regulations unless satisfied that doubt has arisen about whether that class of buildings, vehicles, or structures are dwellings and that it is desirable for regulations to clarify the matter.
11: To avoid doubt, a building, or part of a building, is not a home or holiday home (and is therefore not a dwelling under subsection (1)) if—
a: it is used to provide temporary or transient accommodation, being accommodation that is ordinarily provided for periods of less than 28 days at a time (such as a hotel or motel); or
b: it provides accommodation for persons who are not living there voluntarily (such as a prison); or
c: it is used primarily for a purpose other than accommodation (such as a hospital or an emergency care facility).
7: Eligible building
1: If—
a: a building contains 1 or more dwellings; and
b: the whole building is insured under a single fire insurance contract; and
c: the person who is, or persons who are, entitled to the benefit of the fire insurance contract has, or have between them, an insurable interest in the whole of the building,— the whole building is an eligible building
2: If—
a: a building contains 1 or more dwellings; and
b: a person has, or 2 or more persons have between them, an insurable interest in part of the building, including at least 1 dwelling; and
c: those persons are entitled to the benefit of a single fire insurance contract that insures that part of the building,— that part of the building is an eligible building Examples
Example 1 If a building consists of 4 town houses, of which 3 are insured under separate fire insurance contracts and the fourth is not insured, each of the 3 insured town houses is a separate eligible building but the fourth is not an eligible building. Example 2 If the whole of a building consisting of apartments and shops is insured under a single fire insurance contract, the whole building is an eligible building. Depending on how much of the building is taken up by the apartments, the eligible building may also be a mixed-use building ( see section 8
8: Mixed-use building
1: An eligible building is a mixed-use building
2: An eligible building’s residential percentage r = [(d + a + j) ÷ b] × 100 where— r is the eligible building’s residential percentage d is the floor area of the dwellings in the eligible building a is the floor area of all appurtenant structures for the dwellings that are part of the eligible building j is the floor area of all appurtenant structures for any joint-owner premises (as defined in section 14(4) b is the floor area of the whole of the eligible building, excluding any common property.
3: For the purposes of determining whether an eligible building is a mixed-use building, sections 13 14 Guidance note
Common property is not included in calculating the building’s residential percentage, but it is part of the residential building, so is covered by natural hazard cover to the extent of the dwelling-owners’ interests in it ( see section 33
9: Residential building
1: A residential building
a: the whole of an eligible building, other than any excluded property; and
b: any other appurtenant structures and service infrastructure for the dwellings in the building.
2: However, in the case of a mixed-use building, residential building
a: all of the dwellings in the eligible building; and
b: all appurtenant structures and service infrastructure for those dwellings; and
c: all the common property and joint property for the building.
3: A residential building—
a: includes fixtures and fittings (such as built-in cupboards, plumbed-in appliances, wired-in electrical appliances, and fixed carpets), unless they are excluded property; but
b: does not include building contents or other personal property (such as curtains and blinds).
10: Number of dwellings
For the purposes of this Act, the number of dwellings in a residential building is—
a: the number of dwellings in the eligible building that were disclosed to the fire insurer when the fire insurance contract was entered into as dwellings to be insured under the contract; or
b: if no number was disclosed, 1.
11: Appurtenant structure
1: Property is an appurtenant structure
a: the property—
i: is part of the eligible building but is not part of the dwelling; or
ii: is, or is part of, a separate building or another immovable structure (such as a garage or garden shed); and
b: the property is appurtenant to the dwelling; and
c: the property is used—
i: by the owners or other occupants of the dwelling for household purposes (such as for parking or storage) or for access to the dwelling; or
ii: to house service infrastructure for the dwelling (such as a shed housing a pump that supplies drinking water to a house).
2: However, property is not an appurtenant structure if—
a: it is excluded property; or
b: it is common property or joint property; or
c: the insured person for the dwelling does not have an insurable interest in the property.
12: Service infrastructure
1: Property is service infrastructure
a: the infrastructure—
i: provides a service to the dwelling or an appurtenant structure for the dwelling that is part of the eligible building; and
ii: is in, or within 60 metres of, the eligible building; or
b: the infrastructure—
i: provides a service to any other appurtenant structure for the dwelling; and
ii: is in, or within 60 metres of, the appurtenant structure; or
c: the infrastructure—
i: provides a service to the insured person’s land; and
ii: is in, or within 60 metres of, the eligible building or an appurtenant structure for the dwelling.
2: However, property is not service infrastructure for a dwelling if—
a: it is excluded property; or
b: it is common property or joint property; or
c: the insured person for the dwelling does not have an insurable interest in the property.
3: In this section,— infrastructure
a: pipes, cables, wires, poles, and drains; and
b: water tanks, water towers, septic tanks, and tanks for storage of other liquids or gas (such as fuel for heating); and
c: equipment and machinery (such as a pump, switchboard, or heating unit) service
13: Common property
1: If an eligible building is a mixed-use building, the residential building may include common property. (There is no common property for a building that is not a mixed-use building.)
2: Part of the residential building is common property
a: that part of the building is available for use by, or is for the benefit of, the owners or other occupants of all the premises in the eligible building; and
b: any of the following subparagraphs (i) to (iv) apply to it:
i: it is an integral component of the eligible building (such as the roof and foundations); or
ii: it is an appurtenant structure for the premises under subsection (4); or
iii: it is service infrastructure for the premises under subsection (5); or
iv: it is an area in the eligible building that is not part of any of the premises in the building (such as a foyer).
3: However, part of the building is not common property if—
a: it is excluded property; or
b: the owners of any of the premises in the building do not have an insurable interest in that part of the building.
4: Property is an appurtenant structure for the premises
a: the property—
i: is part of the eligible building but is not part of a dwelling; or
ii: is, or is part of, a separate building or another immovable structure; and
b: the property is appurtenant to all the premises in the eligible building; and
c: the property is used—
i: by the owners or other occupants of the dwellings for household purposes (such as for parking, storage, or recreation) or for access to the dwellings; or
ii: to house service infrastructure for the premises.
5: Property is service infrastructure for the premises
a: the infrastructure—
i: provides a service to all the premises in the eligible building; and
ii: is in, or within 60 metres of, the eligible building; or
b: the infrastructure—
i: provides a service to an appurtenant structure for the premises or other common property that is part of the eligible building; and
ii: is in, or within 60 metres of, the eligible building; or
c: the infrastructure—
i: provides a service to any other appurtenant structure for the premises; and
ii: is in, or within 60 metres of, the appurtenant structure; or
d: the infrastructure—
i: provides a service to common land for the eligible building; and
ii: is in, or within 60 metres of, the eligible building or an appurtenant structure for the premises.
6: In subsection (5), infrastructure service section 12
14: Joint property
1: If an eligible building is a mixed-use building, the residential building may include joint property. (There is no joint property for a building that is not a mixed-use building.)
2: Part of the residential building is joint property
a: that part of the building is available for use by, or is for the benefit of, the owners or other occupants of some but not all premises in the eligible building (the joint-owner premises
b: any of the following subparagraphs (i) to (iv) apply to it:
i: it is an integral component of the eligible building (such as the roof and foundations); or
ii: it is an appurtenant structure for the joint-owner premises under subsection (4); or
iii: it is service infrastructure for the joint-owner premises under subsection (5); or
iv: it is an area in the eligible building that is not part of any of the premises in the building (such as a foyer); and
c: the owners referred to in paragraph (a) all have an insurable interest in it (whether or not the owners of any other premises in the building also have an insurable interest in it).
3: However, part of the building is not joint property if it is excluded property.
4: Property is an appurtenant structure for the joint-owner premises
a: the property—
i: is part of the eligible building but is not part of a dwelling; or
ii: is, or is part of, a separate building or another immovable structure; and
b: the property is appurtenant to all the joint-owner premises; and
c: the property is used—
i: by the owners or other occupants of the joint-owner premises that are dwellings for household purposes (such as for parking, storage, or recreation) or for access to the dwellings; or
ii: to house service infrastructure for all the joint-owner premises.
5: Property is service infrastructure for the joint-owner premises
a: the infrastructure—
i: provides a service to all the joint-owner premises; and
ii: is in, or within 60 metres of, the eligible building; or
b: the infrastructure—
i: provides a service to an appurtenant structure for the joint-owner premises or other joint property that is part of the eligible building; and
ii: is in, or within 60 metres of, the eligible building; or
c: the infrastructure—
i: provides a service to any other appurtenant structure for the joint-owner premises; and
ii: is in, or within 60 metres of, the appurtenant structure; or
d: the infrastructure—
i: provides a service to joint land for the eligible building; and
ii: is in, or within 60 metres of, the eligible building or an appurtenant structure for the joint-owner premises.
6: In subsection (5), infrastructure service section 12
15: Shared property
1: Any residential building may include shared property.
2: The shared property
3: To avoid doubt, in the case of a mixed-use building, property that is common property or joint property in relation to that building may also be shared property as between the insured person and another person. Example
If an apartment block that is a mixed-use building shares a party wall with a neighbouring office block, all the owners of premises in the apartment block have an insurable interest in the wall, and it is for the benefit of those owners, the party wall would be common property for the apartment block. As all those owners are the insured person for the building, their interests in the wall do not make it shared property. However, as the wall is shared by both buildings, it is shared property as between the insured person for the apartment block and the persons who have insurable interests in the office block.
16: Insured person’s land
1: In relation to a residential building or residential land, the insured person’s land
2: The land holding within which a residential building is situated
a: the estate or interest held by the insured person in the land on which the residential building is lawfully situated; and
b: any other estate or interest in land held by the insured person that relates to land that is—
i: contiguous with the land referred to in paragraph (a); and
ii: used, or intended to be used, with the land referred to in paragraph (a) as a single residential property; and
c: any other estate or interest in land that benefits an estate or interest referred to in paragraph (a) or (b).
3: The land holding within which a residential building is situated does not include any non-proprietary right to use the land (such as a licence to occupy or an encroachment licence).
4: If 2 areas of land that would otherwise be contiguous are divided only by a watercourse, road, railway, or other access way, or a similar narrow area of separation, the 2 areas are taken to be contiguous for the purposes of subsection (2).
17: Residential land
1: The residential land
a: the part of the insured person’s land on which the residential building is situated; and
b: any other part of the insured person’s land that is within 8 metres of the residential building; and
c: any other part of the insured person’s land that—
i: is part of the main access way from the boundary of the insured person’s land to the residential building, or supports land that is part of that access way; and
ii: is within 60 metres of the residential building; and
d: any retaining walls for the residential building; and
e: any bridges or culverts for the residential building.
2: However, land is not residential land if it is excluded property.
3: In this section, a reference to the residential building does not include any service infrastructure that is outside both the eligible building and the appurtenant structures.
18: Retaining walls and bridges or culverts
1: A retaining wall
a: that are necessary to support or protect—
i: the residential building; or
ii: the residential land referred to in section 17(1)(a) to (c)
b: that are within 60 metres of the residential building, whether or not it is on the insured person’s land.
2: A bridge or culvert
a: land referred to in section 17(1)(a) to (c)
b: land that is outside the insured person’s land but is otherwise land of the kind referred to in section 17(1)(a) to (c)
3: However, property is not a retaining wall or a bridge or culvert for the residential building if the insured person for the residential land does not have an insurable interest in the property.
4: In subsection (1)(a)(i) and (b), a reference to the residential building does not include any service infrastructure that is outside both the eligible building and the appurtenant structures.
19: Common land, joint land, and shared land
1: If an eligible building is a mixed-use building, the residential land may include common land or joint land, or both. (There is no common land or joint land for a building that is not a mixed-use building.)
2: The common land
a: that is available for use by, or is for the benefit of, the owners or other occupants of all premises in the eligible building; and
b: in which the owners of all of those premises have an insurable interest.
3: The joint land
a: that is available for use by, or is for the benefit of, the owners or other occupants of some of the premises in the building (including at least 1 dwelling) but not all of those premises; and
b: in which those owners have an insurable interest (whether or not the owners of any other premises in the building also have an insurable interest).
4: Any residential land may include shared land.
5: The shared land
6: To avoid doubt, where the eligible building is a mixed-use building, land that is common land or joint land in relation to the residential building may also be shared land as between the insured person and another person. Example
If the residential land for a mixed-use building shares a retaining wall with a neighbouring property, all the owners of premises in the mixed-use building have an insurable interest in the wall, and it is for the benefit of those owners, it would be common land. As all those owners are the insured person for the land, their interests in the wall do not make it shared land. However, as the wall is shared by both properties, it is shared land as between the insured person for the mixed-use building and the persons who have insurable interests in the neighbouring land.
20: Common ownership interest, joint ownership interest, and shared ownership interest
1: If an eligible building is a mixed-use building, the common ownership interest
a: the percentage of the interest in the residential building’s common property or common land (or in the entity that owns that property or land) that is held by the owners of the dwellings in the eligible building by reason of their ownership of the dwellings; or
b: if that percentage is not ascertainable, the eligible building’s residential percentage. Examples
Example 1 In a unit title building consisting of dwellings and shops, if the owners of the dwellings have ownership interests of 360 out of a total of 1000, the common ownership interest would be 36% ( see section 38 If the owner of one of the dwellings also owns some of the shops, the common ownership interest would still be 36% because that person’s interest in the common property as a result of owning the shops is not counted. Example 2 In a residential building that is owned by a flat or office owning company to which subpart 6 Example 3 In a residential building held under a cross-lease title arrangement, if the owners of the dwellings own two-fifths of the title to the land on which it is built, the common ownership interest would be 40%. Example 4 If a residential building consists of a flat above a shop and the whole building is a single undivided title, subsection (1)(b) would apply. If the floor areas are 70 m 2 2
2: If an eligible building is a mixed-use building, the joint ownership interest
a: the percentage of the repair responsibility held by the owners of the joint-owner premises that are dwellings; or
b: if that percentage is not ascertainable, the percentage of the interest in the joint property or joint land that is held by the owners of the joint-owner premises that are dwellings by reason of their ownership of the dwellings.
3: The percentages in subsections (1)(a) and (2)(a) and (b) are to be determined as percentages of the total interest or repair responsibility held by the owners of all of the premises in the eligible building.
4: An insured person’s shared ownership interest
a: if the insured person is the only person with repair responsibility, 1; or
b: if 2 or more persons share repair responsibility, the insured person’s percentage of the repair responsibility; or
c: if that percentage is not ascertainable, the percentage of the total of all insurable interests in the shared property or shared land that is held by the insured person. Examples
Example 1 If there are 2 semi-detached dwellings that share a party wall and the insured persons for the dwellings share equal responsibility to replace or reinstate the wall, their shared ownership interest in the party wall would be 50% each. Example 2 However, if the insured person for 1 of the dwellings is solely responsible for replacing or reinstating the wall, that person’s shared ownership interest would be 100% and the other insured person’s interest would be 0%. Example 3 If a house and a shop have a retaining wall on the boundary of their land and share equal responsibility for it, the insured person’s shared ownership interest in the retaining wall would be 50%. The other 50% interest is not covered under this Act because the shop is not a residential building.
5: A common ownership interest, joint ownership interest, or shared ownership interest, or a person’s repair responsibility or anything else that needs to be determined in order to determine an ownership interest must be determined in accordance with any requirements in the regulations relating to—
a: how the interest, responsibility, or other thing is to be determined; and
b: the matters to be taken into account in making the determination.
6: In this section,— joint-owner premises section 14 repair responsibility
a: for subsection (2), the damaged joint property or joint land; and
b: for subsection (3), the damaged shared property or shared land. Fire insurance contract, fire insurer, and insured person
21: Fire insurance contract and fire insurer
1: Fire insurance contract fire insurer
a: a contract of reinsurance; or
b: a contract that insures against physical loss or damage by natural hazard fire but not other fire.
2: A contract of insurance is not prevented from being a fire insurance contract only because—
a: it insures other property in addition to dwellings; or
b: it does not insure against loss or damage that is a direct result of a natural hazard fire.
3: For the purposes of this Act, a contract of insurance that is renewed is taken to be a new contract entered into when cover under the renewed contract commences.
4: The fire insurance contract
22: Insured person
1: The insured person
a: the residential building; or
b: the residential building situated on the residential land.
2: In addition, in sections 15(2) 19(5) 20(4) insured person
3: If the insured person for an eligible building ( building A building B
a: the person in their capacity as the insured person for building A (and the rest of the residential building that building A is part of and its residential land); and
b: the person in their capacity as a person with an insurable interest in building B (and any other building or land associated with it),— are taken to be 2 separate persons. Natural hazards and natural hazard damage
23: Natural hazard
1: Each of the following is a natural hazard
a: an earthquake:
b: hydrothermal activity:
c: a landslide:
d: a tsunami:
e: volcanic activity:
f: a flood:
g: a storm:
h: a natural hazard fire.
2: However, the normal action of the wind or water causing gradual erosion (including, for example, coastal erosion, bank erosion, and sheet erosion) is not a natural hazard.
24: Natural hazard damage
1: Physical loss or damage to a residential building or residential land is natural hazard damage
a: it occurs as a direct result of a natural hazard; or
b: it occurs as a direct result of measures taken under proper authority to mitigate the consequences of a natural hazard; or
c: it is imminent damage. Example
If an earthquake causes cracks in the roof of a house, the cracks let water in when it rains, and the water damages the ceiling and walls, both the damage to the roof and the damage done by the water are a direct result of the earthquake and so both are natural hazard damage. Mitigation damage
2: Loss or damage referred to in subsection (1)(b)—
a: is natural hazard damage regardless of whether it is intentional or accidental; and
b: is taken to occur as a direct result of the natural hazard in relation to which the measures were taken. Imminent damage
3: Physical loss or damage to a residential building or residential land that has not yet occurred is imminent damage
a: a natural hazard has occurred ( event 1
b: the Commission is of the opinion that, as a direct result of event 1, the loss or damage is more likely than not to occur within 12 months after event 1 first occurred. Example
A landslide on a slope below a house and garden shed creates a risk of further land falling down the slope, which could undermine support for the house and shed. The Commission considers that in the next 12 months, at least some further land will fall down the slope. The shed is close to the slope, and the Commission considers it more likely than not that the shed will be undermined within 12 months, unless it is relocated away from the slope. The house is further away from the slope, and the Commission considers it more likely than not that the house will not be undermined within 12 months. In that case, the possible future damage to the shed is imminent damage, but the possible future damage to the house is not imminent damage. The further land damage that the Commission considers will more likely than not occur in the next 12 months is also imminent damage.
4: Imminent damage is taken to have occurred at the time event 1 first occurred. What is not natural hazard damage
5: However, loss or damage is not natural hazard damage if any of the following paragraphs (a), (b), or (c) apply to it:
a: it is loss or damage to a residential building and occurs as a direct result of a storm, a flood, a natural hazard fire occasioned by, through, or in consequence of a storm or flood, or a combination of them; or
b: it is loss or damage referred to in subsection (1)(a) but before it occurred it was imminent damage for which a claim has been made; or Example
In the example for subsection (3), if the insured person makes a claim for the imminent damage and the expected damage does in fact occur, that actual damage is not natural hazard damage.
c: it is loss or damage referred to in subsection (1)(b) but compensation for the loss or damage is payable under another Act.
6: Subsection (5)(b) applies regardless of when the actual loss or damage occurs. Other preliminary provisions
25: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
26: Act binds the Crown
This Act binds the Crown.
27: Property outside New Zealand not covered
This Act does not apply to a dwelling or other property that is situated outside New Zealand.
2: Natural hazard cover
1: Insurance against natural hazard damage
28: Natural hazard cover insures against natural hazard damage
1: This Act provides insurance against natural hazard damage ( natural hazard cover
2: Natural hazard cover has the following 2 components:
a: building cover, which insures the residential building ( see subpart 2
b: land cover, which insures the residential land ( see subpart 3
3: Natural hazard cover does not include insurance against consequential loss (such as temporary accommodation costs, loss of profits, loss or damage as a result of theft, vandalism, or business interruption, or loss of intangible property).
29: When natural hazard cover commences and ceases
1: Natural hazard cover for a residential building—
a: commences when the insurance cover under the fire insurance contract for the dwellings in the eligible building commences; and
b: continues while the dwellings remain insured under the fire insurance contract, unless the natural hazard cover is cancelled under section 49
2: Natural hazard cover is not interrupted or affected by—
a: the occurrence of natural hazard damage; or
b: the making or settling of a claim; or
c: any failure to pay the levy or an amount payable under section 118 Effect of becoming or ceasing to be dwelling
3: If a dwelling is insured under a fire insurance contract but ceases to be a dwelling during the period of the contract, this Act continues to apply as if it were still a dwelling until the insurance cover under the fire insurance contract ceases or is renewed.
4: If—
a: property that does not include a dwelling is insured under a contract of insurance against physical loss or damage by fire; and
b: all or part of the property becomes a dwelling during the period of the contract,— that contract is not a fire insurance contract for the purposes of this Act, but if it is renewed, the renewed contract is a fire insurance contract. Guidance note
A contract of insurance that is renewed is taken to be a new contract entered into when the renewal occurs ( see section 21
2: Building cover
30: Building cover insures residential building on replacement cost basis
1: Building cover provides insurance for a residential building on a replacement cost basis.
2: However, building cover is subject to—
a: the other provisions of this Act (such as section 49 section 50 section 67
b: any conditions imposed by the regulations. Guidance note
Excluded property listed in Schedule 2
31: Building claim entitlement
1: If a residential building suffers natural hazard damage, the amount that may be paid for a claim made in respect of building cover is the building claim entitlement.
2: The building claim entitlement
a: the lesser of—
i: the replacement cost of the damaged parts of the residential building; and
ii: the building cover cap for the residential building determined under sections 35 to 37
b: the building cover excess, being the number of dwellings in the residential building multiplied by $500 (including GST).
3: However, if the building cover excess is greater than the amount calculated under subsection (2)(a), the building claim entitlement is zero. Guidance note
All natural hazard damage that occurs during a damage period is generally the subject of the same claim ( see section 53
32: Replacement cost
1: The replacement cost
a: modified as necessary to comply with all applicable laws (such as the Building Act 2004
b: replaced or reinstated using materials and methods that are currently in common use.
2: The total cost
a: the costs of all replacement or reinstatement work, which may include—
i: work that needs to be done to undamaged parts of the residential building in order for the damaged parts to be replaced or reinstated; or
ii: relocating parts of the residential building; and
b: the costs of demolition and removal of debris to the extent that is reasonably required to carry out the replacement or reinstatement work; and
c: the costs of complying with all applicable laws; and
d: other fees or costs payable in the course of carrying out the replacement or reinstatement work (for example, architects’ fees and fees payable to local authorities); and
e: GST.
3: If, immediately before the natural hazard damage occurred, the insured person had a legal obligation under an applicable law to modify any property (whether at the time or in the future), the replacement cost does not include the cost of modifications required to comply with that law.
4: The replacement cost also does not include—
a: claim handling costs; or
b: any allowance for contingencies.
5: However, this section is subject to—
a: section 33
b: section 34 Guidance note
If a claim is settled by payment of the replacement cost, the actual replacement cost is more than expected, and the insured person gives further information about those costs to the Commission, the Commission can reconsider its decision and may pay the extra costs ( see section 57(4)
33: Proportionate costs for shared, common, or joint property
1: This section applies for the purpose of determining the replacement cost of any of the damaged property that is shared property, common property, or joint property.
2: In respect of shared property, the replacement cost is the amount that would be the replacement cost in the absence of this section multiplied by the insured person’s shared ownership interest.
3: In respect of common property, the replacement cost is the amount that would be the replacement cost in the absence of this section multiplied by the residential building’s common ownership interest.
4: In respect of joint property, the replacement cost is the amount that would be the replacement cost in the absence of this section multiplied by the joint property’s joint ownership interest.
5: If the damaged property is—
a: shared property and common property, subsection (2) applies and then subsection (3) applies (with any necessary modifications); or
b: shared property and joint property, subsection (2) applies and then subsection (4) applies (with any necessary modifications).
34: Replacement cost for imminent damage
1: This section applies for the purpose of determining the replacement cost of any parts of the residential building to the extent that they are the subject of imminent damage.
2: The replacement cost in respect of the imminent damage must be determined using the future replacement cost under subsection (3), the mitigation cost under subsection (4), or a combination of both as the Commission considers appropriate.
3: The future replacement cost section 32
4: The mitigation cost see section 65
5: In deciding whether, or to what extent, to use the future replacement cost or mitigation cost, the Commission must take into account the following:
a: whether, or to what extent, mitigation—
i: is technically feasible; and
ii: could lawfully be carried out; and
iii: is likely to be effective:
b: the relative costs of future replacement and mitigation:
c: if the residential land has also suffered natural hazard damage, whether, or to what extent, the work referred to in subsection (4)—
i: might need to be taken to reinstate the damaged land; or
ii: might also mitigate the risk of imminent damage to the land:
d: any other matters specified in the regulations.
6: Subsection (7) applies if—
a: the residential land has also suffered natural hazard damage; and
b: the Commission decides to do either or both of the following:
i: determine all or part of the replacement cost using the mitigation cost under this section:
ii: determine all or part of the reinstatement cost using the mitigation cost under section 47
7: The Commission must—
a: determine the cost of work to which subsection (4) or section 47(4)
b: allocate that cost between the replacement cost and the reinstatement cost in accordance with the regulations. Example
If a residential building includes a garden shed and an earthquake occurs that does not damage the shed but leaves it at imminent risk of damage from landslides, it may be appropriate to relocate the shed rather than undertake mitigation work to prevent damage from future landslides.
35: Building cover cap: specified replacement sum insured
1: This section applies if the fire insurance contract specifies a replacement sum insured for the residential building (or 2 or more sums covering different parts of the residential building).
2: The building cover cap for the residential building is the lesser of—
a: the specified replacement sum insured (or the total of those sums); and
b: the number of dwellings in the residential building multiplied by $300,000 plus GST.
3: If a fire insurance contract insures 2 or more eligible buildings, this section applies in relation to any one of those buildings only if the contract specifies a replacement sum insured in relation to that building and that sum does not cover any other eligible building. Guidance note
For the number of dwellings in a building, see section 10
36: Building cover cap: specified amount for natural hazard cover
1: This section applies if—
a: section 35
b: the fire insurance contract specifies an amount for which the residential building is to be insured under this Act.
2: The building cover cap for the residential building is—
a: the greater of—
i: the specified amount; and
ii: the insured floor area multiplied by $2,500 plus GST; or
b: the number of dwellings in the residential building multiplied by $300,000 plus GST, if that is less than the amount determined under paragraph (a).
3: If a fire insurance contract insures 2 or more eligible buildings, this section applies in relation to any one of those buildings only if the contract specifies an amount in relation to that building and that amount does not cover any other eligible building.
4: The insured floor area
a: the floor area of the whole of the eligible building; and
b: the floor area of all appurtenant structures for the dwellings that are not part of the eligible building but are, or are part of, a different building.
5: The insured floor area f = d + a + j + (c × r ÷ 100) where— f is the insured floor area d is the floor area of the dwellings in the residential building a is the floor area of all appurtenant structures for the dwellings that are, or are part of, a building j is the floor area of all appurtenant structures for any joint-owner premises (as defined in section 14(4) c is the floor area of any common property that is, or is part of, a building r is the eligible building’s residential percentage. Guidance note
For the number of dwellings in a building, see section 10
37: Building cover cap: no specified amount
If neither of sections 35 36 Guidance note
For the number of dwellings in a building, see section 10
3: Land cover
38: Land cover insures residential land on indemnity basis
1: Land cover provides insurance for the residential land in relation to a residential building on an indemnity basis.
2: However, land cover is subject to—
a: the other provisions of this Act (such as section 49 section 50 section 67
b: any conditions imposed by the regulations. Guidance note
Excluded property listed in Schedule 2
39: Land claim entitlement
1: If residential land suffers natural hazard damage, the amount that may be paid for a claim made in respect of land cover is the land claim entitlement.
2: The land claim entitlement
a: the lesser of—
i: the actual loss suffered (determined under section 40
ii: the land cover cap (determined under section 43
b: the land cover excess, being the lesser of—
i: the number of dwellings in the residential building multiplied by $500 (including GST); and
ii: $5,000 (including GST).
3: However, if the land cover excess is greater than the amount calculated under subsection (2)(a), the land claim entitlement is zero. Guidance notes
Note 1 For the number of dwellings in a building, see section 10 Note 2 All natural hazard damage that occurs during a damage period is generally the subject of the same claim ( see section 53
40: Actual loss suffered
1: The actual loss suffered
a: by the person who was the insured person for the residential land at the time the natural hazard damage occurred; and
b: as a direct result of the natural hazard damage to the residential land, but not including any consequential loss ( see section 28(3)
2: To the extent that the actual loss suffered can be reasonably quantified using reinstatement cost or diminution of value, or a combination of both, the Commission must quantify the loss in that way.
3: Which method is used to quantify the actual loss suffered depends on all the circumstances, including—
a: whether, or to what extent, reinstatement—
i: is technically feasible; and
ii: could lawfully be carried out; and
iii: would be disproportionately expensive compared with the diminution of value if the land were not reinstated; and
b: whether, or to what extent, the person referred to in subsection (1) has reinstated the land or intends to do so.
41: Reinstatement cost
1: The reinstatement cost
2: The reinstatement may be full reinstatement, partial reinstatement, or a combination of both in respect of different parts of the damaged land.
3: Full reinstatement
a: is able to support or protect the residential building and access to it to substantially the same extent as it did before the land was damaged; and
b: is able to be used for substantially the same purpose as it was used before it was damaged; and
c: is not materially more or less valuable than it was before it was damaged.
4: Partial reinstatement
a: the land’s ability to support or protect the residential building and access to it:
b: the usability of the land for the purpose for which it was used before it was damaged.
5: If the natural hazard damage includes the accumulation of earth, rock, or other debris on the residential land, the reinstatement cost in respect of that accumulation is the cost of removing the debris.
6: The total cost
a: the costs of all reinstatement work (including the cost of any work that needs to be done to undamaged parts of the residential land in order for the damaged land to be reinstated); and
b: the costs of complying with all applicable laws; and
c: other fees or costs payable in the course of carrying out the reinstatement work (for example, architects’ fees and fees payable to local authorities); and
d: GST.
7: If, immediately before the natural hazard damage occurred, the insured person had a legal obligation under an applicable law to modify any property (whether at the time or in the future), the reinstatement cost does not include the cost of modifications required to comply with that law.
8: The reinstatement also does not include—
a: claim handling costs; or
b: any allowance for contingencies.
9: However, this section is subject to—
a: section 46
b: section 47 Guidance note
If a claim is settled by payment of the reinstatement cost, the actual reinstatement cost is more than expected, and the insured person gives further information about those costs to the Commission, the Commission can reconsider its decision and may pay the extra costs ( see section 57(4)
42: Diminution of value
1: The diminution of value
2: To avoid doubt, the diminution of value does not include any loss of value resulting from any of the following (whether occurring as a direct result of the natural hazard or otherwise):
a: damage to the residential building:
b: changes in the value of the residential building (other than changes that are a direct result of the natural hazard damage to the damaged residential land):
c: damage to, or changes in the value of, other land or buildings:
d: any general stigma arising from the natural hazard:
e: changes in market conditions:
f: regulatory changes.
3: However, this section is subject to section 46
43: Land cover cap
1: The land cover cap
a: the assessed market value; plus
b: if there are any damaged retaining walls for the residential building, the lesser of—
i: the undepreciated value of the damaged retaining walls; and
ii: the number of dwellings in the residential building multiplied by $50,000 plus GST; plus
c: if there are any damaged bridges or culverts for the residential building, the lesser of—
i: the undepreciated value of the damaged bridges or culverts; and
ii: the number of dwellings in the residential building multiplied by $25,000 plus GST.
2: However, this section is subject to section 46 Guidance note
For the number of dwellings in a building, see section 10
44: Assessed market value
1: If the area of the damaged part of the residential land is less than or equal to the area cap, the assessed market value
2: If the area of the damaged part of the residential land is greater than the area cap, the assessed market value
a: has an area equal to the area cap; and
b: is situated in the same place as the residential land; and
c: has all of the same features as the residential land.
3: The prior market value
4: The valuation must be made using per square metre market rates, applying (where appropriate) different rates for different areas of the land based on their different utility (but so that the sum of the values of the different areas equates to the value of the land being valued as a whole).
5: However, this section is subject to section 46
6: In this section,— area cap
a: if there is a district plan minimum area, the lesser of—
i: the district plan minimum area; and
ii: 4,000 square metres; or
b: if there is no district plan minimum area, 4,000 square metres district plan Part 5 district plan minimum area
45: Undepreciated value of retaining walls, bridges, or culverts
1: The undepreciated value
2: The total cost
a: the cost of all construction work; and
b: the costs of complying with all applicable laws, other than any requirements in the current building standards or other laws that would require modification of the structure from when it was new; and
c: other fees or costs payable in the course of constructing the structure (for example, architects’ fees and fees payable to local authorities) as if the structure did comply with current building standards and applicable laws; and
d: GST.
3: The undepreciated value does not include—
a: the cost of carrying out any work other than the actual construction of the structure, even if that work would be necessary to enable the structure to be constructed (such as removing the damaged structure or removing or rebuilding other structures to provide access to the construction site); or
b: claim handling costs; or
c: any allowance for contingencies.
46: Proportionate costs, values, and amounts for shared, common, or joint land
1: This section applies for the purpose of determining the following (each a relevant amount
a: the reinstatement cost of any of the damaged residential land that is shared land, common land, or joint land:
b: any part of the diminution of value that relates to shared land, common land, joint land, shared property, common property, or joint property:
c: the assessed market value of any residential land that is shared land, common land, or joint land:
d: the undepreciated value of any retaining wall or bridge or culvert that is shared land, common land, or joint land.
2: In respect of shared land, each relevant amount is the amount that would be the relevant amount in the absence of this section multiplied by the insured person’s shared ownership interest.
3: In respect of common land, each relevant amount is the amount that would be the relevant amount in the absence of this section multiplied by the residential land’s common ownership interest.
4: In respect of joint property, each relevant amount is the amount that would be the relevant amount in the absence of this section multiplied by the joint land’s joint ownership interest.
5: If the damaged land is—
a: shared land and common land, subsection (2) applies and then subsection (3) applies (with any necessary modifications); or
b: shared land and joint land, subsection (2) applies and then subsection (4) applies (with any necessary modifications).
47: Reinstatement cost for imminent damage
1: This section applies for the purpose of determining the reinstatement cost of any of the damaged residential land to the extent that it is the subject of imminent damage.
2: The reinstatement cost in respect of the imminent damage must be determined using the future reinstatement cost under subsection (3), the mitigation cost under subsection (4), or a combination of both as the Commission considers appropriate.
3: The future reinstatement cost section 41
4: The mitigation cost
5: In deciding whether, or to what extent, to use the future reinstatement cost or mitigation cost, the Commission must take into account the following:
a: whether, or to what extent, mitigation—
i: is technically feasible; and
ii: could lawfully be carried out; and
iii: is likely to be effective:
b: the relative costs of future reinstatement and mitigation:
c: if the residential building has also suffered natural hazard damage, whether, or to what extent, the work referred to in subsection (4)—
i: might need to be taken to replace or reinstate the damaged building; or
ii: might also mitigate the risk of imminent damage to the building:
d: any other matters specified in the regulations. Guidance note
If subsection (5)(c) applies, costs may be allocated between the reinstatement cost for the damaged land and the replacement cost for the damaged building under section 34(7)
4: Other provisions relating to natural hazard cover
48: Optional insurance for property without natural hazard cover
1: The Commission may, on application, provide insurance ( direct cover
2: A person may apply for direct cover only if they have an insurable interest in the property.
3: Direct cover—
a: may be provided—
i: for property that does not have natural hazard cover; or
ii: instead of natural hazard cover that would otherwise cover the property; and
b: may only be provided for both the residential building and its residential land.
4: Direct cover is to be provided by a contract of insurance—
a: between the Commission and the applicant; and
b: on the terms and for a period, set out in the contract, that the Commission considers appropriate, but subject to subsection (5).
5: If direct cover is provided for property, this Act applies (with any necessary modifications) as if the cover were natural hazard cover, except to the extent that the contract expressly provides otherwise.
6: If subsection (3)(a)(ii) applies, while the direct cover is in force, the property is not covered by natural hazard cover.
7: Premiums paid for the direct cover must be paid into the Fund.
49: Cancellation of cover
1: This section applies if—
a: a claim is settled by payment of a building claim entitlement or a land claim entitlement, or both; and
b: either or both of the following subparagraphs (i) and (ii) apply:
i: if the claim includes a claim against building cover, the building claim entitlement was calculated based on the building cover cap referred to in section 31(2)(a)(ii)
ii: if the claim includes a claim against land cover,—
A: the land claim entitlement was calculated using the assessed market value; and
B: the area of the damaged part of the residential land is equal to or greater than the area cap (as defined in section 44
c: if there are reasonable steps that the insured person could take to replace or reinstate the damaged property,—
i: sufficient time has elapsed since the claim was settled to give the insured person reasonable opportunity to take such steps; and
ii: no such steps have been taken.
2: The Commission may cancel building cover, land cover, or both for the residential building and residential land by giving the insured person written notice of the cancellation and the reasons for it.
3: The cancellation takes effect when the notice is given and continues until the cover is reinstated under subsection (6).
4: Cover may be cancelled for a residential building and its residential land even if the prior settlement related to only 1 of them.
5: Cancellation of cover for the residential land in relation to a residential building applies only to the residential land for that building (and not to any other parts of the insured person’s land).
6: The Commission must reinstate cancelled cover if, on application by a person affected by the cancellation, it considers that the cancellation should no longer apply.
7: To avoid doubt, the cancellation is not affected by—
a: a new fire insurance contract being entered into; or
b: any change of the insured person or persons having an insurable interest in the property.
50: Limitation of liability for preventable repeat damage
1: This section applies if—
a: either—
i: a residential building has suffered natural hazard damage as a direct result of a landslide; or
ii: residential land has suffered natural hazard damage as a direct result of a landslide, flood, or storm; and
b: the Commission considers that—
i: it is likely that in future the residential building or residential land will suffer further natural hazard damage ( future damage
ii: the insured person could take reasonable steps to mitigate the risk of future damage.
2: The Commission may limit its liability for future damage to the residential building or residential land (or both) by giving the insured person written notice that claims for future damage may be declined under sections 67 73
3: The limitation takes effect when the notice is given to the insured person and continues until it is removed under subsection (4).
4: The Commission must remove the limitation if, on application by a person affected by the cancellation, it considers that the limitation should no longer apply.
5: To avoid doubt, the limitation is not affected by—
a: a new fire insurance contract being entered into; or
b: any change of the insured person or persons having an insurable interest in the property.
51: Cancellation or limitation of liability to be recorded on land title
1: This section applies if the Commission—
a: cancels building cover or land cover under section 49
b: limits its liability for future damage under section 50
2: The Commission must give a certificate to the Registrar-General of Land stating that the Commission has cancelled the cover or limited its liability (as the case requires).
3: If the Commission reinstates cancelled cover under section 49(6) section 50(4)
4: A certificate or notice given to the Registrar-General of Land must—
a: be in the form, and include the information, required by the regulations; and
b: be given as soon as practicable after the notice is given under section 49(2) 50(2)
5: The Registrar-General of Land must (without charge) register the certificate (or any amendment to it) or discharge on the record of title for the land to which it relates.
3: Claims
1: Making claims
52: Insured person may make claim
1: If a residential building or residential land (or both) suffers natural hazard damage, the insured person may make a claim against the property’s natural hazard cover.
2: The claim must include—
a: the insured person’s name and contact details; and
b: the address or location of the damaged property; and
c: any other information required by the regulations.
3: The claim must be made in the way required by the regulations.
53: Claim covers all damage that occurs during damage period and may include later damage
1: This section applies if—
a: a residential building, residential land, or both (the insured property initial damage hazard A
b: the insured person makes a claim ( claim A
2: If, during the damage period for claim A ( period A second damage Example
If a house is damaged by an earthquake, the natural hazard damage that occurs at the time of that earthquake is initial damage and the subject of a claim. If the house is damaged again by a second earthquake 12 hours later, the damage caused by the second earthquake is the subject of the same claim.
3: If, after the end of period A, the insured property suffers further natural hazard damage as a direct result of—
a: the continuation of hazard A or another hazard that caused second damage; or
b: a new natural hazard,— that further damage ( third damage Example
If a house is damaged by volcanic activity at 3 pm on Sunday, the damage period continues until 3 pm on the following Sunday, so all natural hazard damage that occurs during that period is the subject of a single claim. If there is an earthquake on the following Monday that results in further damage to the house, the earthquake damage is third damage, so it is not part of the same claim as the volcanic damage.
4: However, when third damage occurs, this section applies again with the third damage being initial damage under subsection (1) for which the insured person may make another claim (which will have a new damage period). Example
In the example for subsection (3), the earthquake damage is initial damage for which the insured person can make another claim.
5: If,—
a: after the end of period A, the insured property suffers further natural hazard damage ( extended damage
b: subsection (3) does not apply because the extended damage is not the result of that hazard continuing,— any claim for the extended damage is part of claim A. Example
If the walls of a house are damaged by an earthquake, that is initial damage and the subject of a claim. If the damage to the walls results in the roof collapsing a week later (so after the end of the damage period), the damage to the roof is the subject of the same claim as the damage to the walls.
6: In this section, damage period
a: beginning at the time the initial damage occurs (the start time
b: ending,—
i: if the initial damage is a direct result of an earthquake, a flood, hydrothermal activity, a landslide, a storm, or a tsunami, 48 hours after the start time; or
ii: if the initial damage is a direct result of volcanic activity or a natural hazard fire, on the seventh day after the day on which the initial damage occurs and at the same time on that seventh day as the start time.
54: Time for making claim
1: A claim may be made—
a: on or before the standard claim date; or
b: after the standard claim date but on or before the extended claim date; or
c: after the extended claim date if that is permitted by subsection (2).
2: A claim may be made after the extended claim date if—
a: the regulations allow late claims to be made; and
b: either or both of the following apply:
i: the damage could not reasonably have been discovered in time to enable the insured person (acting reasonably promptly) to make a claim on or before the extended claim date:
ii: the insured person is unable to make a claim on or before the extended claim date because of absence, incapacity, or other disability; and
c: the claim is made both—
i: as soon as practicable after the damage is discovered or as soon as the insured person is reasonably able to make the claim (as the case requires); and
ii: within the period required by the regulations.
3: In this section,— extended claim date standard claim date Guidance note
The Commission may be able to decline a claim made after the standard claim date ( see section 68
55: Providing further information
1: As soon as practicable after making the claim, the insured person must give to the Commission sufficient details about the following to enable the claim to be assessed, decided, and settled:
a: the damaged property:
b: the natural hazard:
c: the natural hazard damage:
d: the fire insurance contract and any other insurance contract under which any of the damaged property is insured:
e: any other persons who have an insurable interest in the damaged property:
f: any other matters set out in the regulations.
2: The Commission may specify (in a particular case or for any class of cases or all cases) the details that are required under subsection (1).
3: The information must be obtained (if the insured person does not already have it) and given to the Commission at the insured person’s expense.
4: The Commission may defer taking any action in relation to the claim until it is given the required information.
56: Updating information
1: This section applies if the insured person becomes aware of—
a: any material change in any information relating to the claim that—
i: the insured person has given to the Commission; or
ii: the insured person knows, or ought reasonably to know, that the Commission has obtained from another source; or
b: any new information that is relevant to the claim.
2: The insured person must give the changed or new information to the Commission as soon as practicable after becoming aware of it (whether or not the claim has been settled).
3: If the Commission is aware of information that ought to have been given to it but has not been, the Commission may defer taking any action in relation to the claim until it is given the required information. Examples
Example 1 If an insured person has made a claim for damage resulting from a landslide and later discovers more damage that is the result of the same landslide, they should give that information to the Commission and it would form part of the same claim ( see section 53 Example 2 The Commission obtains an engineer’s report to assess earthquake damage to a residential building and gives a copy of the report to the insured person. If the insured person realises that the engineer has included damage to a shed that had in fact fallen down before the earthquake (so should not be included in the claim), the insured person must tell the Commission about the mistake. Guidance note
After being given changed or new information, the Commission may reconsider any decision it has made in relation to the claim ( see section 57(4)
2: Commission must assess, decide, and settle claims
57: Commission must assess, decide, and settle claim
1: When a claim is made, the Commission must—
a: decide whether to accept it as a valid claim (in whole or part) ( see section 59
b: if (or to the extent that) it accepts the claim,—
i: assess the claim; and
ii: decide how to settle the claim ( see section 60
iii: settle the claim.
2: The Commission must assess, decide, and settle the claim—
a: in accordance with, and to the extent to which it is liable to do so under, this Act; and
b: as soon as practicable after the claim is made.
3: The Commission—
a: is not required to determine whether there is any damage to the residential building or residential land beyond that identified by the insured person; but
b: if it becomes aware of any such damage, must notify the insured person of that damage.
4: If, after making any decision in relation to a claim, the Commission obtains further information relevant to the decision (under section 56 58 Guidance notes
Note 1 The Commission may decline a claim in certain circumstances ( see section 67 Note 2 If the Commission changes a decision so as to reduce the amount payable to settle a claim, the Commission may be able to recover any overpayment under section 86
58: Commission may request further information
1: The Commission may, by written notice, request the insured person to give to the Commission, or produce for it to inspect, any information, document, or other thing that the Commission believes on reasonable grounds that it needs to assess, decide, or settle the claim.
2: The notice may—
a: relate to information, documents, or things that are within the insured person’s possession or control or that later come into their possession or control; or
b: require the insured person to obtain the information, documents, or things if they do not already have them.
3: The notice may do 1 or more of the following:
a: specify the form and manner in which information, documents, or things must be given or produced:
b: specify a reasonable period within which information, documents, or things must be given or produced:
c: require the insured person to also give a statutory declaration as to the truth of information given by the person:
d: otherwise specify how anything required by the notice must be done.
4: The information, documents, or things must be obtained (if the insured person does not already have them) and given or produced to the Commission at the insured person’s expense.
5: The regulations may also impose requirements of the kind referred to in subsection (3).
6: After giving the notice, the Commission may defer taking any action in relation to the claim until the insured person has complied with the notice and any requirements in the regulations.
7: This section applies even if the claim has been settled, if the Commission becomes aware of matters relevant to the claim that were not taken into account when it was settled or that information that ought to have been given to it has not been. Guidance note
There is also a power to enter land, buildings, or places for the purpose of obtaining information ( see sections 146 147
59: Commission must decide validity of claim
1: After receiving a claim, the Commission must,—
a: if (or to the extent that) it is satisfied that the claim meets the criteria in subsection (2), accept it as a valid claim; or
b: if (or to the extent that) it is not so satisfied, reject it as an invalid claim.
2: The criteria for a valid claim are all of the following:
a: the claim is made in accordance with section 52 section 54
b: the property the claim relates to—
i: is a residential building, residential land, or both; and
ii: is covered by natural hazard cover:
c: the property the claim relates to has suffered natural hazard damage:
d: the claimant—
i: has an insurable interest in the property the claim relates to; and
ii: is the insured person for the property the claim relates to.
3: However, the Commission is not required to decide the validity of a claim if, before doing so, it declines the claim under section 67
4: After making a decision under subsection (1), or declining a claim (in whole or part) before deciding its validity, the Commission must notify the insured person of—
a: the Commission’s decision; and
b: the reasons for the decision; and
c: the insured person’s rights to refer disputes about referable decisions to the dispute scheme, and any information about that scheme required by the regulations.
5: If a person who has made a claim lodges another claim in relation to other damage that, under section 53 section 55
60: Commission must decide on settlement and settle claim
1: The Commission must settle a valid claim as the Commission considers appropriate—
a: using one of the methods set out in section 61
b: using 2 or more of those methods to settle different parts of the claim in different ways.
2: The Commission must decide which method or methods to use as soon as practicable after the claim is made.
3: After making its decision, the Commission must—
a: notify the insured person of the decision; and
b: settle the claim to the extent to which it is liable to do so under this Act.
4: If the Commission decides to settle the claim (in whole or part) by making a payment referred to in section 61(1)(a)
5: If the Commission decides to settle the claim (in whole or part) using one of the methods set out in section 61(1)(c) or (d)
6: The Commission and the insured person must comply with any procedural requirements in the regulations relating to settling claims.
7: The notice under subsection (3)(a) must set out—
a: the Commission’s decision; and
b: the reasons for the decision; and
c: the insured person’s rights to refer disputes about referable decisions to the dispute scheme, and any information about that scheme required by the regulations.
8: Nothing the Commission does before giving the notice under subsection (3)(a) is to be taken as evidence that the Commission has made any decision under this section.
61: Methods available to settle claim
1: The methods for settling a claim are the following:
a: paying the building claim entitlement and land claim entitlement to the insured person (or to another person who is lawfully entitled to it) ( see also sections 63 64
b: if the building claim entitlement and land claim entitlement are zero, notifying the insured person of that fact:
c: replacing or reinstating the damaged property to the standard described in section 32 41
d: relocating the residential building under section 65
e: declining the claim under section 67
2: If a claim relating to damage to a residential building and residential land is settled by relocating the building under section 65(1)(b)
a: the relocation and reinstatement of the building settle the claim in relation to the residential building; and
b: the transfer of the estate or interest in the new site to the insured person under section 65(4) Guidance note
Section 60(1)
62: Date for determining amounts
1: If the Commission decides to settle a claim (or part of it) in a way that requires the calculation of the replacement cost or reinstatement cost of damaged property, the Commission must calculate the replacement cost or reinstatement cost—
a: as at the date on which it decides the amount of the replacement cost or reinstatement; or
b: if the Commission is satisfied that the circumstances of the case justify doing so, as at an earlier date (but not before the date on which the damage occurred).
2: If the Commission decides to settle a claim (or part of it) in a way that requires the calculation of the assessed market value of land or the undepreciated value of damaged property, the Commission must calculate the assessed market value or undepreciated value—
a: as at the date on which the damage occurred; or
b: if, because of circumstances relating to the cause of the damage, the claim cannot be settled promptly, as at a later date determined by the Commission. Example
If an insured person intentionally gives the Commission misleading information that results in settlement of a building cover claim taking longer than would otherwise have been the case, that may justify the Commission assessing the replacement cost as at the date on which the claim would likely have been settled if correct information had been given.
63: Settlement payments if insured person is 2 or more persons
1: This section applies if—
a: the Commission decides to settle a claim by making a payment referred to in section 61(1)(a)
b: the insured person consists of 2 or more persons ( see section 22(1)
2: If both or all of those persons have agreed on whom the amount is to be paid to or how it is to be divided between them, the amount payable to the insured person must be paid as agreed.
3: If not, the Commission must divide the amount between them in the same proportions as—
a: their respective responsibilities to replace or reinstate the damaged property; or
b: if the extent of their responsibilities cannot be ascertained, their respective insurable interests in the damaged property.
4: However, subsections (2) and (3) are subject to any law to the contrary.
5: In deciding how to divide the amount under this section, the Commission must comply with any requirements in the regulations relating to—
a: how the amount is to be divided; and
b: the matters that are to be taken into account in deciding how the amount is to be divided.
64: Settlement payments if 2 or more persons entitled to payment
1: This section applies if—
a: the Commission decides to settle a claim by making a payment referred to in section 61(1)(a)
b: there are 1 or more persons who—
i: are not the insured person; but
ii: are entitled to all or part of the payment under a contract (such as an assignment or a document referred to in section 79
2: The Commission must pay the amount—
a: first, to each of the persons referred to in subsection (1)(b) according to their respective rights under their contracts or the other law; and
b: if any amount remains, to the insured person.
3: In deciding how to divide the amount under this section, the Commission must comply with any requirements in the regulations relating to—
a: how the amount is to be divided; and
b: the matters that are to be taken into account in deciding how the amount is to be divided. Guidance note
If a person other than the insured person has an insurable interest in the property, there may be shared property or shared land. If so, that may affect the claim settlement amount ( see sections 33 46
65: Relocating residential building
1: A claim may be settled by relocating all or part of a residential building (whether damaged or not) from the site where it was situated immediately before the natural hazard occurred (the original site new site
a: on the insured person’s land (or land that is contiguous with the insured person’s land and on which the relocated property may lawfully be situated); or
b: if, because of the natural hazard damage, that land is no longer suitable for that purpose, on other land.
2: The new site must be reasonably equivalent in all material respects to the original site.
3: The relocated property must be reinstated (including by replacing or reinstating any property damaged during the relocation) to the standard described in section 32
4: If property is relocated under subsection (1)(b),—
a: the Commission must ensure that the insured person is given an estate or interest in the new site that is equivalent to, or greater than, their estate or interest in the original site; and
b: the land at the original site is then salvageable property for the purposes of sections 82 to 85
5: The Commission and the insured person must comply with any requirements in the regulations relating to how their rights and obligations under this section are to be exercised or complied with. Example
If an earthquake damages the residential land between a house and the road and a section of water pipe under the land, it might not be possible to replace the damaged section of pipe because of the damage to the land. In that case, the water pipe (both the damaged and undamaged parts of it) might be rerouted to cross the insured person’s land and the council road reserve in a different place.
66: Insured person must pay excess if non-monetary settlement
1: This section applies—
a: if the Commission decides to settle a claim (in whole or part) using the method set out in section 61(1)(c) or (d)
b: the replacement, reinstatement, or relocation has been completed.
2: The insured person must, on receiving an invoice from the Commission, pay to the Commission an amount equal to,—
a: if the claim relates to a residential building, the building cover excess referred to in section 31(2)(b)
b: if the claim relates to residential land, the land cover excess referred to in section 39(2)(b)
3: However, if the Commission decides to settle part of the claim using the method set out in section 61(1)(c) or (d) section 61(1)(a)
a: must reduce the total amount for which the claim is settled by an amount equal to the building claim excess and land claim excess applicable to the claim; but
b: may do so by deducting the excesses under sections 31 39
4: Any amount paid under this section must be paid into the Fund. Declining claims
67: When Commission may decline claim
1: The Commission may decline a claim (in whole or part) if it is satisfied that grounds to do so exist under sections 68 to 77
2: The Commission may decline the claim at any time regardless of any action the Commission has taken towards assessing, deciding, or settling the claim.
3: If the Commission declines a claim (in whole or part) after making any payment in respect of the claim (or that part of the claim), section 86
68: Claim may be declined if delay is prejudicial
There are grounds to decline a claim if—
a: the claim is made after the standard claim date under section 54(1)(b) or (c)
b: the lapse of time before the claim was made materially prejudices the Commission’s ability to assess the claim.
69: Claim may be declined if no financial loss
There are grounds to decline a claim if the natural hazard damage has not caused, and is not likely to cause, financial loss to the insured person because—
a: the damaged property has been, or will be, reinstated by a third party at no cost to the insured person; or
b: before the natural disaster damage occurred, the insured person intended to demolish the damaged property. Examples
Example 1 If, before a natural hazard occurred, an insured person was in the process of demolishing their house in preparation for building a new one in its place, any natural hazard damage to the house is unlikely to cause the person any financial loss. Example 2 If an insured person intended to demolish a dilapidated shed but the whole residential building was damaged in an earthquake, there would be grounds to decline a claim to the extent that it related to the shed. Example 3 If drains on residential land are damaged but are repaired by the local authority when it is repairing drains along the road at no cost to the insured person, the damage to the drains is unlikely to cause the insured person any financial loss.
70: Claim may be declined if condition not complied with
There are grounds to decline a claim if—
a: regulations imposing a condition (referred to in section 30 38
b: the condition is not complied with.
71: Claim may be declined if misleading information given to Commission or insurer
1: There are grounds to decline a claim if the insured person knowingly gives misleading information—
a: to the Commission or an authorised person for the purposes of this Act; or
b: to the fire insurer in relation to the fire insurance contract or any claim made under it.
2: In this section, misleading information
72: Claim may be declined for fraud
There are grounds to decline a claim if it (or any part of it) is fraudulent.
73: Claim may be declined for failure to protect property
1: An insured person must—
a: take reasonable steps to mitigate the risk of natural hazard damage to the residential building and residential land; and
b: if the residential building or residential land suffers natural hazard damage, take reasonable steps to mitigate the risk of any further damage.
2: Subsection (1) applies only to the extent that there are reasonable steps that the insured person could take to mitigate the risk.
3: There are grounds to decline a claim if—
a: the insured person has failed to comply with subsection (1); and
b: the natural hazard damage to which the claim relates occurred because of (or was exacerbated by) that failure.
4: This section applies whether or not the Commission has limited its liability in relation to the damage under section 50 Examples
Example 1 A claim for damage to a chimney is settled by payment of the replacement cost. There are reasonable steps that could be taken to repair the chimney. The insured person has had sufficient resources and time to make repairs but has not done so. If another natural hazard causes the chimney to fall and damage the roof, the Commission may be able to decline a claim for the later damage. Example 2 If a land cover claim relating to increased liquefaction vulnerability is settled for an amount calculated using diminution of value because the Commission considers that reinstating the land is not technically feasible, subsection (2) would likely mean that the insured person is not required to take steps to mitigate the risk of further damage (because there are no reasonable steps that could be taken).
74: Claim may be declined if damage due to intentional act, omission, or negligence
There are grounds to decline a claim if the natural hazard damage occurred because of (or was exacerbated by) an intentional act or omission of, or the negligence of,—
a: the insured person; or
b: a previous owner or occupier of the property, if the insured person was aware of the act, omission, or negligence when they acquired their insurable interest in the property.
75: Claim may be declined if damage due to unlawful conduct
There are grounds to decline a claim if the natural hazard damage occurred because of (or was exacerbated by) a failure by the insured person to comply with any law or legal requirement.
76: Claim may be declined if damage due to substandard construction
1: This section applies if a claim relates to damage to—
a: any part of a residential building that is not an integral component of the eligible building; or
b: a retaining wall, or a bridge or culvert.
2: There are grounds to decline the claim (to the extent that it relates to that damage) if—
a: the damaged property was not constructed in accordance with standards considered appropriate for that property at the time it was constructed; and
b: the damage occurred because of (or was exacerbated by) the failure to comply with those standards.
77: Claim may be declined if natural hazard notification on land title
1: There are grounds to decline a claim if—
a: the record of title for residential land (or any part of it) contains an entry under section 74 section 72
b: the notice relates to a natural hazard (as defined in section 71 section 23
c: the claim relates to damage that is a direct result of a natural hazard of the kind that the notice relates to.
2: Subsection (1) applies (with any necessary modifications) to an entry on a record of title under section 36(2) of the Building Act 1991 section 641A
3: Other provisions relating to claims
78: Assignment of benefit of claim
1: The right of an insured person to the benefit of a claim against the natural hazard cover for property that has suffered natural hazard damage is a thing in action (which can be assigned under subpart 5
2: To avoid doubt, this section does not affect—
a: any right the insured person may have to assign the benefit of a claim against the fire insurance contract; or
b: any other rights of assignment the insured person may have.
79: Insurance conditions in mortgage, etc, apply to natural hazard cover
1: If a mortgage, lease, or other document includes an express or implied covenant, condition, or power relating to the insurance against physical loss or damage by fire of a residential building or residential land, the covenant, condition, or power applies (with any necessary modifications) in relation to the natural hazard cover for the residential building or residential land.
2: However, subsection (1) is subject to any express provision to the contrary in the mortgage, lease, or other document or any regulations.
80: Subrogation of rights
1: The general law of subrogation as it relates to contracts of insurance applies in relation to natural hazard cover as if it were insurance provided under a contract of indemnity between the Commission and the insured person.
2: The insured person must (at the Commission’s expense) do anything reasonably required by the Commission to enable it to exercise or enforce any subrogated rights or remedies.
81: Ex gratia payments if honest but mistaken belief that property has natural hazard cover
1: The Commission may make an ex gratia payment to a person in relation to natural hazard damage to property if—
a: the property is not part of a residential building or residential land; but
b: the person has paid the amount referred to in section 118
2: The amount of the ex gratia payment must not exceed what would have been payable under this Act in respect of the natural hazard damage if the property had been covered by natural hazard cover.
82: Right to salvage
1: To the extent that a claim is settled by a method set out in section 61(1)(a), (c), or (d) sections 83 to 85
2: Before salvaging any property, the Commission must take reasonable steps to give the insured person and the fire insurer reasonable notice of its intention to do so.
3: The Commission and the insured person must comply with any requirements in the regulations relating to how their rights and obligations under this section and sections 83 to 85
4: The regulations may provide that those rights and obligations may be enforced as if they were contractual rights and obligations.
5: The Commission—
a: is not required to salvage any damaged property; and
b: does not acquire title to, and has no obligation to remove or dispose of, damaged property that it chooses not to salvage (even if that property is abandoned by the insured person).
6: Nothing done by the Commission in the exercise, or purported exercise, of its rights under this section and sections 83 to 85
a: gives rise to any liability of the Commission to the insured person; or
b: affects any other rights or obligations of the Commission or the insured person under this Act or the regulations.
83: Salvage of property other than land
1: The Commission may salvage any part of the property to which the settlement relates (other than land) that is not required for the purposes of reinstating or replacing that property by taking possession of it.
2: The Commission must carry out any salvage work reasonably and, as far as is practicable, in a way that is co-ordinated with the reinstatement or replacement of the damaged property.
84: Salvage by acquisition of title to land
1: The Commission may salvage land only if the claim against land cover is settled for an amount equal to or greater than the prior market value (as defined in section 44 section 16 section 39(2)(b)
2: If the insured person’s land includes any shared land, common land, or joint land, for the purposes of subsection (1), the prior market value of that land is to be determined in accordance with section 46
3: The Commission may, by written notice, require the insured person to transfer their title to that land to the Commission.
4: Before giving the notice, the Commission must consult the insured person about its intention to do so and give the person a reasonable opportunity to make submissions on the proposal.
5: The insured person must comply with the notice.
6: After title has been transferred, the Commission must pay compensation to the insured person for the value of any improvements on the land that are not salvageable under section 83
85: Dealing with salvaged property
1: When the Commission salvages property, it becomes the property of the Commission, and any person who acquires it from the Commission acquires good title to it.
2: The Commission must divide the proceeds of any sale of salvaged property (less costs and any compensation paid under section 84(6)
3: Any proceeds retained by the Commission must be paid into the Fund.
86: Recovery of overpayments
1: This section applies—
a: if, because of a miscalculation or other error, the amount paid to a person to settle a claim is more than the person was entitled to; or
b: if an amount has been paid to a person to settle a claim and the Commission subsequently changes its decision (under section 57(4)
c: if the Commission declines a claim (under section 67(3)
d: if an amount is otherwise paid to a person out of the Fund in error.
2: The Commission may, by written notice, require the person to repay the overpayment or amount paid in error within the time specified in the notice (which must give the person reasonable time to comply).
3: However, the Commission cannot require repayment of an amount if the recipient—
a: did not intentionally contribute to the error or overpayment; and
b: received the payment in good faith; and
c: has so altered their position in reliance on the validity of the payment that it would be inequitable to require repayment.
4: Any amount not repaid in the time allowed is recoverable by the Commission under section 109(5)
5: Any amount repaid or recovered must be paid into the Fund.
87: Claim entitlements reduced if other catastrophe insurance applies
1: This section applies if—
a: a residential building or residential land is insured by an insurer other than the Commission under a contract of insurance against physical loss or damage by 1 or more natural hazards (a contract
b: the contract is not limited to insuring the residential building or residential land only to the extent that the amount of any damage exceeds the building claim entitlement or land claim entitlement for the damage; and
c: the residential building or residential land suffers natural hazard damage as a direct result of a natural hazard referred to in paragraph (a).
2: For the purposes of section 31 39 r = n − (c + e) where— r is the reduced building claim entitlement or land claim entitlement n is the amount that would be the building claim entitlement or land claim entitlement under section 31 39 c is the amount payable under the contract in respect of the damage (or that would be payable if a claim were made) e is the total of any excess or other amounts to be borne by the insured person in relation to a claim under the contract in respect of the damage.
3: To avoid doubt, a reference in this section to a contract of insurance does not include a contract of reinsurance.
4: Code of Insured Persons’ Rights
88: Purpose of Code of Insured Persons’ Rights
1: There must be a Code of Insured Persons’ Rights.
2: The purpose of the Code is to set out the rights of insured persons to have their claims managed and settled in a fair and timely manner.
3: For that purpose, the Code must—
a: confer rights on insured persons, and impose obligations on the Commission, in relation to how the Commission is to deal with insured persons, particularly in relation to the timeliness of managing claims and the fair treatment of insured persons; and
b: provide remedies for a breach of the Code; and
c: explain an insured person’s rights—
i: to have complaints to which the complaint procedure applies dealt with in accordance with that procedure; and
ii: to have decisions made by the Commission under the complaint procedure in relation to breaches of the Code dealt with in accordance with the review procedure; and
iii: to refer disputes about referable decisions to the dispute scheme.
4: The rights conferred on insured persons by the Code are in addition to any other rights they may have, and do not affect their entitlements and responsibilities under this Act, other legislation, or the general law.
89: Minister to make Code
1: The Minister must make a Code of Insured Persons’ Rights for the purposes set out in section 88
2: For the purpose of doing so, the Minister—
a: must request the Commission to prepare a draft Code and give it to the Minister; and
b: may request the Commission to make amendments to it.
3: The Minister must not make the Code unless satisfied that—
a: adequate public consultation has been undertaken in relation to the draft Code; and
b: interested persons have been given a reasonable opportunity to make submissions on the draft Code, and any submissions have been taken into account.
4: The Code is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
90: Commission’s obligations in relation to Code
1: In all its dealings with insured persons, the Commission must ensure that its actions—
a: are consistent with the Code; and
b: uphold the rights of insured persons under the Code.
2: The Commission must—
a: publish the Code on the Commission’s website; and
b: make the Code accessible to, and promote awareness of it among, insured persons and the public generally ( see also section 91
3: The obligations imposed on the Commission by the Code are in addition to its other obligations under this Act, other legislation, and the general law.
5: Complaint management procedure
91: Commission must have complaint management procedure
1: The Commission must have a procedure in place for managing complaints by insured persons.
2: The procedure must provide for managing complaints about breaches of the Code.
3: The complaint procedure must be consistent with this subpart, the Code, and any requirements in the regulations.
4: The Commission must publish the complaint procedure, make it accessible, and promote awareness of it, along with the Code ( see section 90
5: The Commission must manage complaints in accordance with the complaint procedure.
6: Review of complaint procedure decisions about breaches of Code
92: Commission must have procedure for review of complaint procedure decisions about breaches of Code
1: The Commission must have a procedure in place for independent persons to review decisions made by the Commission under the complaint procedure in relation to a breach of the Code.
2: The review procedure must—
a: be consistent with this subpart, the Code, and any requirements in the regulations; and
b: provide for decisions to be reviewed in a way that is independent of the Commission (other than its obligations under sections 93 98
3: The Commission must publish the review procedure, make it accessible, and promote awareness of it, along with the Code ( see section 90
4: The Commission must engage persons to be reviewers in accordance with section 98
93: Application for review of decision
1: A person aggrieved by a decision made by the Commission under the internal complaints procedure in relation to a breach of the Code may apply for an independent review of that decision.
2: An application must—
a: be made to the Commission in the way, and within the period, required by the regulations; and
b: include the information required by the regulations.
3: On receiving an application, the Commission must allocate it to a reviewer in accordance with any requirements in the regulations.
4: The Commission must not allocate the application to a reviewer who it is aware has any previous involvement in the matter under review or any other conflict of interest.
5: If, after allocating an application, the Commission becomes aware of any such prior involvement or conflict, it must reallocate the review to another reviewer.
6: If the regulations require a reviewer to transfer the application to another reviewer (for example, because of a conflict of interest), the reviewer must do so.
94: Reviewer must assess application
1: On receiving an application, the reviewer must—
a: assess whether the application—
i: relates to a decision made by the Commission under the complaint procedure in relation to a breach of the Code; and
ii: is made in accordance with section 93(2)
b: if they decide it does meet those criteria, review the decision in accordance with section 95
2: However, a reviewer may reject the application without complying with subsection (1) if—
a: they are satisfied that the application is frivolous or vexatious; or
b: a reviewer has previously assessed and rejected an application relating to the same decision, and the criteria in subsection (1)(a) have not been met; or
c: a review of the decision to which the application relates has previously been conducted.
3: If the reviewer decides that the application does not meet the criteria in subsection (1)(a) or decides to reject the claim under subsection (2), they must notify the applicant and the Commission in writing of that decision and the reasons for it.
4: If the reviewer decides that the application does not meet the criteria in subsection (1)(a) but considers that the application relates to a referable decision, the notice under subsection (3) must explain the applicant’s right to refer disputes about referable decisions to the dispute scheme.
95: Review of decision
The reviewer must carry out the review—
a: within the period set by, and in accordance with any other requirements in, the regulations; and
b: in accordance with the requirements in section 99(2) and (3)
c: otherwise in an informal, timely, and practical manner as the reviewer thinks fit.
96: Report of reviewer
1: After completing the review, the reviewer must prepare a written report setting out—
a: the reviewer’s decision on the application and their reasons for it; and
b: the reviewer’s decision on whether the Commission must provide any of the remedies available under the Code (as required by section 88(3)(b)
c: any other recommendations to the Commission; and
d: any matters required by the regulations; and
e: any other matters the reviewer considers appropriate.
2: The reviewer must give the report to the applicant, the Commission, and any other person as required by the regulations.
3: If the reviewer decides that the Commission should provide a remedy available under the Code and the regulations state that decisions in relation to that remedy are binding, the Commission must provide the remedy.
4: The reviewer and any person to whom the report is given must comply with any requirements in the regulations about the confidentiality of reviewers’ reports.
97: Other proceedings
1: Applying for a review under this subpart does not affect any right any person may have to refer a dispute to the dispute scheme or to commence proceedings in any court or tribunal.
2: However, if proceedings are commenced in a court or tribunal in relation to the matters under review, the review proceedings are stayed until the other proceedings are determined and all appeal rights exhausted (unless the court or tribunal orders otherwise).
98: Commission must engage reviewers
1: The Commission must engage as many persons as it considers necessary to be reviewers.
2: Reviewers must be engaged in accordance with any requirements (including as to the terms of their engagement) in the regulations.
3: The Commission must not engage an individual as a reviewer if they are any of the following:
a: a member of the Commission’s board:
b: a worker of the Commission:
c: a delegate of the Commission or a worker of a delegate:
d: a person specified in the regulations.
4: The Commission must not engage a body corporate as a reviewer unless satisfied that none of the body corporate’s workers who will be involved in carrying out reviews are persons referred to in subsection (3)
5: The Commission must not include in its contract with a reviewer any term or condition that could have the effect, directly or indirectly, of influencing the reviewer in favour of the Commission.
6: A person is a worker person B
99: Powers and duties of reviewers
1: A reviewer has the powers that are reasonably necessary to enable them to carry out their functions under this Act (in addition to the other powers conferred on them by this Act).
2: When performing their functions or exercising their powers, a reviewer must—
a: act independently of the Commission; and
b: exercise due diligence; and
c: act in accordance with the principles of natural justice.
3: A reviewer to whom a review is, or is to be, allocated must inform the Commission of any prior involvement in a matter under review, or any other conflict of interest,—
a: before the application is allocated (if the prior involvement or conflict is known at the time); or
b: as soon as practicable after they become aware of the prior involvement or conflict.
100: Regulations as to fees and costs
1: The regulations may provide for—
a: the payment of fees in respect of a review; and
b: the payments of costs incurred by parties to a review in relation to the review.
2: If the regulations provide for a reviewer to make orders as to costs, any such order may be enforced by a court of competent jurisdiction as if it were a judgment of the court.
7: Resolution of disputes about claims
101: Commission must participate in dispute resolution scheme
1: The Commission must be a member of a dispute resolution scheme approved by the Minister for resolving disputes about the Commission’s decisions on the validity or settlement of claims.
2: If there is no approved dispute resolution scheme, the Commission must establish and operate a scheme with scheme rules made by the Minister under section 103
102: Approval of dispute resolution scheme
1: The Minister may approve a dispute resolution scheme for the purposes of this subpart.
2: The Minister must not approve a scheme unless satisfied that—
a: it is based on the following principles:
i: accessibility:
ii: independence:
iii: fairness:
iv: accountability:
v: efficiency:
vi: effectiveness; and
b: it provides for the resolution of disputes about referable decisions; and
c: adequate public consultation has been undertaken in relation to the scheme.
3: Subsection (2)(c) does not apply to the approval of minor or technical amendments to the scheme.
4: An approval granted under this section is secondary legislation ( see Part 3
5: The Commission must publish on the Commission’s website—
a: a copy of the scheme rules (as amended from time to time); or
b: a link to another Internet site where the rules are 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 publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
103: Rules for scheme established by Commission
1: For the purposes of section 101(2)
2: For the purpose of doing so, the Minister—
a: must request the Commission to prepare draft rules and give them to the Minister; and
b: may request the Commission to make amendments to the draft.
3: The Minister must not make rules unless satisfied that—
a: the scheme will meet the criteria set out in section 102(2)
b: adequate public consultation has been undertaken in relation to the draft rules.
4: Subsection (3)(b) does not apply in relation to minor or technical amendments to the rules.
5: Rules made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
104: Referral of dispute and participation in resolution
1: If the Commission has made a referable decision about a claim, an affected person who disputes the decision may (but is not required to) refer the dispute to the dispute scheme.
2: The Commission is a party to dispute resolution proceedings and must participate in the resolution of the dispute.
3: All parties to the dispute resolution proceedings must comply with the scheme rules.
4: A court of competent jurisdiction may, on application, order a party to the proceedings to comply with the scheme rules.
5: An application to the court may be made by a party to the proceedings or the person conducting the proceedings.
6: In this section,— affected person
a: the insured person for the residential building or residential land that the claim relates to; or
b: any other person who is lawfully entitled to all or part of any building claim entitlement or land claim entitlement payable on the settlement of the claim referable decision
a: under section 59
b: under section 60 but not a decision of a kind specified in the regulations as not suitable for resolution under the dispute scheme.
105: Other proceedings
1: The referral of a dispute to the dispute scheme does not affect any right any person may have to commence proceedings in any court or tribunal.
2: However, if such proceedings are commenced in relation to the matters that are the subject of the dispute resolution proceedings, the dispute resolution proceedings are stayed until the other proceedings are determined and all appeal rights exhausted (unless the court or tribunal orders otherwise).
106: Enforcement of dispute resolution scheme
1: This section applies if a dispute is resolved under the dispute scheme—
a: by an order or other decision of an adjudicator or other decision maker; or
b: by mediation or other process the outcome of which the parties have agreed will be binding.
2: The outcome of the dispute resolution proceedings—
a: is binding on the parties to the proceedings; and
b: may be enforced by a court of competent jurisdiction.
3: An application to the court may be made by—
a: a party to the proceedings; or
b: if subsection (1)(a) applies, the adjudicator or other decision maker.
4: If subsection (1)(a) applies, an order or a decision that requires the payment of money may be enforced as if it were a judgment of the court.
107: Appeals
1: A person (including the Commission) aggrieved by a decision referred to in section 106(1)(a)
2: An appeal must be brought—
a: in accordance with the rules of the court; and
b: within—
i: 20 working days after the date of the decision; or
ii: any further time allowed by the court (on application made before or after that period expires).
4: Natural Hazard Fund and levy
1: Natural Hazard Fund
108: Natural Hazard Fund
1: The Natural Disaster Fund under the Earthquake Commission Act 1993
2: The purpose of the Fund is to provide for payment of claim settlement costs and the other amounts referred to in section 111
3: The primary sources of funding for the Fund are—
a: the levy; and
b: earnings from the investment of the Fund; and
c: payments made by the Minister (which are required by section 112 section 111
109: Fund owned and managed on behalf of Crown
1: All assets in the Fund are owned by the Commission on behalf of the Crown.
2: The Commission is not a trustee, or a constructive trustee, in relation to the performance of its functions or any other matter.
3: The Fund is managed by the Commission on behalf of the Crown.
4: All money payable into the Fund must be paid to the credit of a bank account established under section 158(1) section 65U
5: All money owing in respect of the Fund is recoverable by the Commission in a court of competent jurisdiction as a debt due to the Commission.
6: The Commission must comply with any requirements in the regulations relating to how payments out of the Fund are to be made.
110: Amounts to be paid into Fund
The following must be paid into the Fund:
a: levy payments under subpart 2
b: money payable by the Minister under section 112 113
c: money received from the investment of the Fund under section 115
d: money received from reinsurance or other risk transfer products referred to in section 129(d)
e: fines imposed for offences against this Act:
f: any other money lawfully payable into the Fund.
111: Amounts to be paid out of Fund
1: The following must be paid out of the Fund:
a: claim settlement costs:
b: expenses and capital expenditure incurred by the Commission in performing its functions under any of paragraphs (a) to (d), (f), and (g) of section 129
c: expenses and capital expenditure incurred by the Commission in undertaking any other activity in the performance of its functions if the Commission believes on reasonable grounds that the activity has the potential to—
i: provide a benefit to insured persons (whether or not the activity also has the potential to provide a benefit to persons who are not insured persons); or
ii: reduce the future cost of providing natural hazard cover:
d: expenses and capital expenditure incurred by the Commission in undertaking activities to which subsection (3)(a) applies:
e: repayments (with any applicable interest) of—
i: amounts paid into the Fund under section 112
ii: amounts required to be repaid under section 114
f: refunds payable under section 119 120
2: If an expense or a capital expenditure is incurred in undertaking an activity only part of which is within the scope of subsection (1), only the part of the expense or capital expenditure that is attributable to that part of the activity must be paid out of the Fund.
3: When conferring a function referred to in section 129(h)(ii)
a: from the Fund; or
b: out of money—
i: appropriated by Parliament for that purpose; and
ii: provided under a service agreement entered into under section 132
4: The Minister may only choose the option specified in subsection (3)(a) if the Minister believes on reasonable grounds that the activity has the potential to—
a: provide a benefit to insured persons (whether or not the activity also has the potential to provide a benefit to persons who are not insured persons); or
b: reduce the future cost of providing natural hazard cover.
5: No payment may be made out of the Fund other than those permitted by this section.
112: Minister must make payments into Fund
1: If the assets of the Fund are not sufficient to pay the amounts forecast to be due and payable out of the Fund under section 111
2: The amount payable by the Minister is to be paid—
a: by way of loan or grant; and
b: on terms (including as to the payment of interest) that the Minister considers appropriate; and
c: out of public money and without further appropriation than this section.
113: Minister may make additional payments into Fund
1: The Minister may pay into the Fund money that is additional to that required under this Act.
2: The amount is to be paid—
a: on terms (including as to the payment of interest) that the Minister considers appropriate; and
b: out of money appropriated by Parliament for that purpose.
114: Repayment of amounts paid by Minister
1: The Minister may, in writing, require the Commission to repay out of the Fund any amount paid into the Fund by the Minister.
2: The amount is to be repaid on terms (including as to the payment of interest) that the Minister considers appropriate.
3: However, the Minister cannot require an amount to be repaid if making the repayment as required would result in the Minister being required to make a payment into the Fund under section 112
4: The Commission must comply with a requirement made by the Minister, unless doing so would result in the Minister being required to make a payment into the Fund under section 112
5: Before requiring repayment under this section, the Minister must consult the Commission.
6: This section—
a: does not apply to amounts paid into the Fund by way of grant under section 112 section 16
b: applies to all other amounts paid into the Fund by the Minister, whether under section 112 113 Earthquake Commission Act 1993
115: Investment of Fund
1: The Commission is responsible for investing the Fund.
2: The Commission must invest the fund having regard to the amounts required to be paid out of the Fund under section 111
3: Subject to subsection (2), the Commission must invest the Fund as required by—
a: any direction by the Minister under section 103
b: the funding and risk management statement ( see section 136
4: If there is a conflict between a direction referred to in subsection (3)(a) and the funding and risk management statement, the direction prevails.
5: Subject to subsections (2) and (3), the Commission must invest the Fund on a prudent, commercial basis that is consistent with—
a: best-practice portfolio management; and
b: maximising return without undue risk to the Fund as a whole; and
c: avoiding prejudice to New Zealand’s reputation as a responsible member of the world community.
6: Section 100
2: Levy
116: Levy payable for natural hazard cover
1: A levy is payable in respect of a residential building that is insured under a fire insurance contract.
2: The rate of the levy is the rate set out in, or determined using the method set out in, the regulations.
3: The levy is payable by the fire insurer.
4: If there are 2 or more fire insurance contracts for a residential building, the liability for the levy is to be apportioned between the insurers in accordance with any requirements in the regulations. Guidance note
If the fire insurer is an overseas insurer, any insurance intermediary and the insured person may also be liable to pay the levy under section 121
117: Payment of levy
1: A fire insurer must pay the levy to the Commission—
a: within 2 months after the end of the month in which the fire insurance contract is entered into, or within any other period set out in the regulations; and
b: in the way required by the regulations.
2: When making the payment, the fire insurer must give to the Commission a statement, certified by an officer or agent of the insurer, that according to the insurer’s records and to the best of the person’s knowledge and belief, the payment is correct.
3: A person who intentionally fails to comply with this section—
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to imprisonment for a term not exceeding 2 months or a fine not exceeding $25,000 (or both); and
ii: in any other case, to a fine not exceeding $50,000.
118: Insured person must pay amount of levy to fire insurer
1: On entering into a fire insurance contract, the insured person must pay an amount equal to the amount of the levy to the fire insurer in accordance with the fire insurance contract.
2: The amount payable is a debt due by the insured person to the fire insurer and is recoverable by the fire insurer.
3: If, before the amount is paid, another person becomes the insured person (or becomes 1 of the persons who are together the insured person), that person also becomes liable for the outstanding amount.
4: If 2 or more persons are liable for an amount under this section, they are jointly and severally liable for the amount.
119: Waiver or refund of levy if amount not recoverable from insured person
The Commission may waive a fire insurer’s obligation to pay all or part of the levy in relation to a fire insurance contract, or refund an amount paid, if satisfied that,—
a: at the time the insurer is required by section 117 section 118
b: the fire insurer is unlikely to be able to recover that amount.
120: Unpaid or overpaid levy
1: Any unpaid levy is recoverable by the Commission under section 109(5)
2: The Commission may refund any overpayment of the levy to the fire insurer.
3: The fire insurer must in turn refund the same amount to the insured person (unless the insured person has not complied with section 118
121: Liability for levy if overseas insurer
1: This section applies if a fire insurer—
a: is not a licensed insurer; and
b: does not carry on insurance business in New Zealand; and
c: does not carry on business in New Zealand.
2: If the contract is negotiated (directly or indirectly) by an insurance intermediary who carries on business in New Zealand,—
a: the insurance intermediary is liable (jointly and severally with the fire insurer) to pay the levy; and
b: sections 117 to 120 152 153
3: If the contract is negotiated (directly or indirectly) by an insurance intermediary who does not carry on business in New Zealand, the insurance intermediary and the insured person are liable (jointly and severally with each other and the fire insurer) to pay the levy.
4: If the contract is not negotiated by an insurance intermediary, the insured person is liable (jointly and severally with the fire insurer) to pay the levy.
5: If the insured person is liable under subsection (3) or (4),—
a: sections 117(1) and (3) 120(1) and (2)
b: section 118
6: For the purposes of this Act, a fire insurance contract to which this section applies is to be treated as being governed by New Zealand law.
7: In this section,— carry on business section 332 carry on insurance business in New Zealand section 8 licensed insurer section 6(1) insurance intermediary section 2(1)
122: Confidentiality of levy information
1: The Commission, a member of the Commission’s board, or a worker must not disclose information obtained under section 117
a: for the purposes of this Act; or
b: as permitted by subsection (2).
2: The Commission may disclose the amount of levy payments received and cover provided under this Act in a manner that does not enable the amounts paid by, or attributable to, a particular fire insurer to be identified.
3: A board member or worker who intentionally discloses information in contravention of subsection (1)—
a: commits an offence; and
b: is liable on conviction to a fine not exceeding,—
i: in the case of an individual, $25,000; and
ii: in any other case, $50,000.
4: In this section, worker
123: Levy amount to be stated separately
In any invoice, demand, or statement of account relating to a fire insurance contract, the fire insurer must set out the amount of the levy separately from any premium or other amount.
124: Brokerage not to be charged
No person may require payment by an insured person of any brokerage, commission, or other fee in respect of natural hazard cover, the levy, or an amount payable under section 118
5: Administration and enforcement
1: Toka Tū Ake – Natural Hazards Commission
125: Toka Tū Ake – Natural Hazards Commission
The Earthquake Commission under the Earthquake Commission Act 1993
126: Commission is Crown entity
1: The Commission is a Crown entity for the purposes of section 7
2: That Act applies to the Commission except to the extent that this Act expressly provides otherwise.
127: Membership of Commission’s board
The board of the Commission consists of at least 5, and not more than 9, members appointed by the Minister under section 28
128: Objectives of Commission
1: The Commission’s primary objective is to reduce the impact of natural hazards on people, property, and the community.
2: The Commission’s more specific objectives are—
a: to administer natural hazard cover, in particular by managing and settling claims, in a fair and timely manner in accordance with this Act (including the Code):
b: to contribute to the management of the financial risk to the Crown of providing natural hazard cover by managing the Fund, collecting the levy, and arranging reinsurance or other risk transfer products:
c: to contribute, primarily through the performance of its functions under section 129(e) and (f)
i: improved awareness and understanding of matters relating to natural hazards, including—
A: the impacts of natural hazards; and
B: damage as a result of natural hazards, including how that damage may be prevented or reduced; and
C: natural hazard cover and the operation of this Act:
ii: improved natural hazard risk management:
iii: improved readiness for, resilience to, and recovery from, natural hazards, including by reducing the cost of recovery from natural hazards:
d: to facilitate the arrangement by the Crown of reinsurance or other risk transfer products in respect of Crown risks beyond those covered in this Act.
129: Functions of Commission
The Commission has the following functions:
a: to administer natural hazard cover, in particular by managing and settling claims:
b: to manage the Fund, including by investing the Fund, in accordance with this Act:
c: to collect the levy in accordance with this Act:
d: to arrange reinsurance or other risk transfer products in respect of all or part of natural hazard cover:
e: to facilitate research and education, and to contribute to the sharing of information, knowledge, and expertise (with the Crown, public and private entities, and the public generally), including in relation to—
i: natural hazards and their impacts:
ii: damage to residential buildings, residential land, and other property as a result of natural hazards, including how that damage might be prevented or reduced:
iii: community resilience to natural hazards:
iv: natural hazard risk management:
v: planning for, and recovering from, natural hazards:
vi: natural hazard cover and the operation of this Act:
f: to support the Minister in performing the Minister’s functions, including by providing information, knowledge, and expertise (whether in relation to the matters set out in paragraph (e) or in relation to other matters):
g: to monitor compliance with this Act, investigate possible offences against this Act, and enforce this Act:
h: any other functions conferred on it—
i: under this or any other Act; or
ii: by the Minister under section 112 Guidance note
There is also a duty on the Minister to determine how a function conferred under paragraph (h)(ii) will be funded ( see section 111
130: Delegation of claims management functions and powers
1: The Commission may delegate any of its functions and powers—
a: under subparts 1 2
b: under those subparts, other than sections 57(1)(b)(ii) and (iii)
2: The power of delegation in subsection (1) is in addition to the power in section 73
3: However, a delegation made under subsection (1) has effect as if it had been made under section 73
4: To avoid doubt, a delegation may be made to any person (whether an individual, a body corporate, or otherwise).
131: Directions by Minister
1: Before giving a direction, the Minister must (if practicable) consult the persons likely to be affected by the direction.
2: In giving a direction in relation to the Commission’s functions under section 129(b) and (d)
a: the purposes of this Act and natural hazard cover set out in sections 3 4
b: the Crown’s current and possible future overall financial position, having regard to the Minister’s obligations under section 112
c: the Crown’s current and possible future overall financial position, taking into account the interests of the Crown in the entities referred to in section 27(3)
d: the Fund’s current and possible future overall financial position.
3: In a direction in relation to the Commission’s functions under section 129(b) and (d)
4: In this section, direction section 103
2: Financial and accountability matters
132: Service agreement
1: This section applies—
a: in relation to goods and services provided by the Commission to any person (including the Crown) in the performance of the Commission’s functions; and
b: if the expenses and capital expenditure incurred in providing the goods and services are not payable out of the Fund under section 111
2: The Minister and the Commission may enter into 1 or more agreements setting out—
a: the goods and services to be provided; and
b: which of the Commission’s functions enables the Commission to provide the goods and services; and
c: the terms and conditions on which the Commission must or may provide the goods and services; and
d: the payment to be made by the Minister to the Commission for the provision of the goods and services.
3: Payments by the Minister to the Commission under the agreement must be made out of money appropriated by Parliament for that purpose.
4: Before providing goods or services to which this section applies, the Commission must take reasonable steps to ensure that there is an agreement in place under this section requiring the Minister to pay all expenses and capital expenditure incurred by the Commission in providing those goods or services.
5: The Commission must publish the agreement on the Commission’s website.
6: However, the Commission is not required to publish an agreement (or part of it) if satisfied on reasonable grounds that good reason for withholding the agreement (or part of it) would exist under the Official Information Act 1982
133: Financial statements
1: The Commission’s financial statements required to be prepared under section 154
2: The Commission must keep the financial records of the Fund separately from the Commission’s own financial records.
3: The Commission may appoint a qualified auditor (as defined in section 35 see section 14
4: The Commission may appoint the additional auditor only with the approval of the Minister and after consulting the Auditor-General.
134: Financial settings and levy settings
1: The financial settings
a: section 31(2)(b)
b: sections 35(2)(b) 36(2)(a)(ii) and (b) 37
c: section 39(2)(b)(i) and (ii)
d: section 43(1)(b)(ii) and (c)(ii)
2: The levy settings section 116
135: Orders in Council to amend financial settings
1: The Governor-General may, by Order in Council made on the recommendation of the Minister after carrying out a review under section 139 section 134
2: However, the Order in Council must not amend section 35 36 37 43
3: The Order in Council may also make consequential amendments to Schedule 1
4: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation 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.
136: Funding and risk management statement
1: At least once every 5 years the Minister must make a funding and risk management statement for the next 5 years.
2: The purpose of a funding and risk management statement is to—
a: support public confidence in the costs of claims being met by providing transparency about how those costs will be shared between the Fund and the Crown; and
b: provide transparency about how financial settings and levy settings are determined; and
c: communicate the Crown’s financial strategy in relation to the funding of those costs and its impact on the financial settings and levy settings; and
d: set out requirements relating to the investment of the Fund that the Commission is required to comply with under section 115(3)(b)
e: provide guidance to the Commission in performing its functions under section 129(b) and (d)
137: Making funding and risk management statement
1: For the purpose of preparing the funding and risk management statement, the Minister must—
a: review the financial settings and levy settings in accordance with section 139
b: consult—
i: the Commission; and
ii: any other persons as the Minister considers appropriate.
2: A funding and risk management statement remains in force until it is replaced by a new statement (even if that results in the statement remaining in force for more than 5 years).
3: As soon as practicable after a funding and risk management statement is made,—
a: the Minister must present it to the House of Representatives; and
b: the Commission must make it available on the Commission’s website.
138: Content of funding and risk management statement
A funding and risk management statement must set out the following:
a: the financial settings and levy settings at the time the statement is made and any changes proposed to be made to them:
b: financial projections showing estimates of the cost of providing natural hazard cover, the amount in the Fund, and the financial implications of any changes to the financial settings or levy settings:
c: the methodology, assumptions, and forecasts used in preparing the financial projections:
d: the policy considerations taken into account by the Minister in conducting the review and preparing the statement:
e: the current and projected allocation of risk between the Crown and the Fund:
f: the Government’s strategy to reduce or finance any deficiency in the Fund:
g: a copy of any current directions or letters of expectation relating to the Commission’s functions under section 129(b) and (d) Crown Entities Act 2004
139: Review of financial settings and levy settings
1: The Minister must review the adequacy and appropriateness of the financial settings and levy settings—
a: when required for the purposes of section 137
b: at any other time the Minister considers appropriate.
2: In carrying out a review, the Minister—
a: may have regard to the matters set out in section 140
b: must consult the Commission; and
c: may consult any other persons as the Minister considers appropriate.
3: When carrying out a review under subsection (1)(b), the Minister must also review, and if appropriate update, the funding and risk management statement if—
a: the review under subsection (1)(b) will be completed more than 12 months before the end of the 5-year period covered by the current funding and risk management statement; and
b: as a result of the review, the Minister proposes to recommend the making of either or both of the following:
i: an Order in Council under section 135
ii: an amendment to the regulations to make a material change to the levy settings.
140: Matters Minister may have regard to
In carrying out the review, the Minister may have regard to the following:
a: the purposes of this Act and natural hazard cover set out in sections 3 4
b: the current financial settings and levy settings:
c: the impact that any change to the current financial settings and levy settings may have on insured persons, fire insurers, the Crown, and other persons likely to be affected by the change:
d: the Crown’s current and possible future overall financial position, including—
i: the Minister’s obligations under section 112
ii: the Crown’s interests in the entities referred to in section 27(3)
e: the current and possible future financial position of the Fund, including—
i: the amount in the Fund; and
ii: any amounts that are forecast to be paid from the Fund under section 111(1)
iii: the Commission’s risk modelling and known and expected claims; and
iv: the Commission’s ability to arrange reinsurance or other risk transfer products:
f: the current funding and risk management statement:
g: the impact that any change to the financial settings and levy settings may have on the availability, affordability, and uptake of catastrophe insurance for residential buildings:
h: the benefit to the public of minimising volatility in the financial settings and levy settings:
i: any other matter the Minister considers appropriate.
3: Information and disclosure
Collection and disclosure of information by Commission
141: Purposes for which Commission may collect information
1: The Commission may collect information (including from authorised persons) for the purpose of performing its functions under this Act.
2: If property-related information is collected for that purpose, it is taken to have also been collected for the purpose of making the information available (including to the public).
3: This section does not limit the Privacy Act 2020
4: In this section, property-related information
a: natural hazard 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).
142: Disclosure of information if serious threat to life, health, or safety
1: The Commission may disclose (including to the public) 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.
2: This section does not limit the Privacy Act 2020
3: In this section, serious threat section 7(1) Information-gathering powers
143: Authorising persons to exercise information-gathering powers
1: The Commission may authorise an individual to exercise any of the powers under sections 144 146 147 149
2: The authorisation must—
a: be made in writing; and
b: state that it is made under this section; and
c: set out the following:
i: the name of the individual:
ii: the powers they are authorised to exercise:
iii: any conditions or limitations on the exercise of the powers:
iv: the purpose for which they may exercise them:
v: the duration of the authorisation (which may be until it is revoked).
144: Power to require information
1: An authorised person may, by written notice, require a person (the recipient
a: give to an authorised person, or produce for them to inspect, any information, document, or other thing that the Commission reasonably needs for the purpose of performing its functions; and
b: allow an authorised person to inspect and examine, and to copy or make other records of, the information, document, or thing.
2: However, this section cannot be used to obtain information, documents, or things from an insured person for the purposes of assessing, deciding, or settling a claim made by the person ( see instead section 58
3: The notice may relate to information, documents, or other things that are within the recipient’s possession or control or that later come into their possession or control.
4: The notice must specify a reasonable period within which it must be complied with.
5: The notice may do 1 or more of the following:
a: specify the form and manner in which information, documents, or things must be given or produced:
b: require the insured person to also give a statutory declaration as to the truth of information given by the person:
c: otherwise specify how anything required by the notice must be done.
6: The regulations may also impose requirements of the kind referred to in subsection (5).
7: The recipient of a notice has the same privileges in relation to things required by the notice as a witness has in proceedings before a court. Guidance note
The privileges of a witness include the privilege against self-incrimination and the other privileges set out in subpart 8
145: Failure to comply
The recipient of a notice under section 144
a: commits an offence; and
b: is liable on conviction to a fine not exceeding,—
i: in the case of an individual, $5,000; and
ii: in any other case, $25,000. Guidance note
Giving misleading information is an offence under section 154
146: Power of entry
1: An authorised person may, at any reasonable time, enter any land, building, or place (a place of entry
2: An authorised person who enters a place of entry in accordance with subsection (1) may—
a: conduct examinations, tests, inquiries, and inspections; and
b: take photographs and measurements and make sketches and recordings.
3: For the purposes of subsections (1) and (2), an authorised person may—
a: be accompanied and assisted by any other person; and
b: bring onto the place of entry any equipment necessary to carry out their functions.
4: Before the authorised person enters the place of entry, unless it is impracticable to do so, the occupier and the owner must be given reasonable notice (orally or in writing) of the intended entry, stating—
a: that entry to the place of entry is authorised by this section; and
b: the purpose for which entry is required; and
c: how and when entry is to be made; and
d: the Commission’s telephone number, email address, or physical or postal address.
5: If notice is not given before entry and the occupier is not present when entry occurs, the occupier must be given written notice of the entry as soon as practicable after it occurs, stating—
a: that entry to the place of entry is authorised by this section; and
b: the purpose for which entry was made; and
c: how and when entry was made; and
d: the authorised person’s identity; and
e: the authorised person’s telephone number, email address, or physical or postal address; and
f: what was done at the place of entry.
6: An authorised person entering the place of entry must—
a: have with them evidence of their identity and their authorisation under section 143
b: produce that evidence to the occupier,—
i: if practicable, when first entering the place of entry; and
ii: subsequently, if reasonably requested by the occupier.
7: An authorised person must not exercise a power under this section to obtain information if the Commission may reasonably obtain the information by other means.
8: This section does not apply in circumstances in which —
a: section 147 149
b: a person enters a place of entry with the consent of an occupier.
147: Power to enter home or marae
1: An authorised person may only enter a home, a marae, or a building associated with a marae (a place of entry
a: with the consent of an occupier; or
b: under a warrant issued under subsection (2).
2: An authorised person may apply to an issuing officer (as defined in the Search and Surveillance Act 2012
3: The issuing officer may issue a warrant if satisfied that there are reasonable grounds to believe that there is information in the place of entry that the Commission—
a: reasonably needs for the purpose of performing its functions; and
b: may not reasonably obtain by other means.
4: An authorised person who enters a place of entry in accordance with subsection (1)(b) may, for the purpose of obtaining that information, exercise the powers specified in section 146(2) and (3)
5: Before the authorised person enters the place of entry in accordance with subsection (1)(b), the occupier must be given reasonable notice (orally or in writing) of the intended entry, unless the warrant allows otherwise.
6: A notice under subsection (5) must state—
a: that entry to the place of entry is authorised by a warrant issued under this section; and
b: the purpose for which entry is required; and
c: how and when entry is intended to be made.
7: An authorised person entering the place of entry in accordance with subsection (1)(b) must—
a: have with them—
i: a copy of the warrant issued under this section; and
ii: evidence of their identity; and
iii: evidence of their authorisation under section 143
b: produce the items described in paragraph (a) to the occupier,—
i: if practicable, when first entering the place of entry; and
ii: subsequently, if reasonably requested by the occupier. Guidance note
Subpart 3
148: Report on exercise of powers by authorised person required
If an authorised person exercises a power under section 146 147
a: the reasons for exercising it; and
b: the circumstances in which it was exercised; and
c: an account of what was done at the place of entry.
149: Power to enter if investigating offence
1: An authorised person must not enter any land, building, or place for the purpose of—
a: ascertaining whether an offence against this Act has been committed; or
b: obtaining evidential material in relation to an offence or a suspected offence against this Act,— except with the consent of an occupier or under a search warrant.
2: An authorised person may apply to an issuing officer (as defined in the Search and Surveillance Act 2012
3: The issuing officer may issue a warrant if satisfied that there are reasonable grounds to believe that—
a: an offence against this Act has been, is being, or is intended to be committed; and
b: there is evidential material in relation to the offence on or in the land, building, or place. Guidance note
Part 4 sections 118 119 subpart 8
150: Obstructing authorised persons
1: A person must not intentionally obstruct, resist, hinder, or deceive an authorised person in the exercise of a power under section 144 146 147 149
2: A person who fails to comply with this section—
a: commits an offence; and
b: is liable on conviction to a fine not exceeding,—
i: in the case of an individual, $25,000; and
ii: in any other case, $50,000.
3: However, the person has the same privileges in relation to the exercise by the authorised person of their powers as a witness has in proceedings before a court.
151: Restrictions on recording or disclosing information
An authorised person must not make a record or copy of, or disclose, information obtained in the exercise of a power under section 144 146 147 149
a: to the Commission; or
b: for a purpose for which a power may be exercised that is set out in the authorised person’s authorisation under section 143(2)(c)(iv)
c: for the purposes of any legal proceedings; or
d: if required or permitted to do so under this or any other Act. Fire insurers’ information obligations
152: Record keeping
1: A fire insurer must keep records of their fire insurance contracts.
2: For each contract, the records must include the following:
a: the name of the insured person:
b: details identifying the building and dwellings insured under the contract:
c: if the contract insures more than 1 dwelling,—
i: the number of insured dwellings; and
ii: if the insured dwellings are in more than 1 building, the number of them in each building:
d: the date on which the insurance cover started and each renewal date:
e: the information necessary to enable the building cap under sections 35 to 37
f: the amount and date of payment of each levy payment made in respect of the contract:
g: details of any property that is specifically identified and excluded from cover under the contract but would be part of the residential building if it were covered by the contract:
h: any other information required by the regulations.
3: The records must be kept—
a: for 7 years after the expiry of the contract, or any other period required by regulations; and
b: in the way required by the regulations.
4: However, if a claim has been made, the records for the fire insurance contract must be kept for 25 years after the expiry of the contract.
5: A fire insurer who fails, without lawful excuse, to comply with this section—
a: commits an offence; and
b: is liable on conviction to a fine not exceeding,—
i: in the case of an individual, $5,000; and
ii: in any other case, $25,000.
153: Auditing and reporting to Commission
1: A fire insurer must comply with any requirements in the regulations relating to—
a: the auditing of the information the fire insurer is required to keep under this Act; and
b: giving reports or other information about the fire insurer’s contracts of fire insurance to the Commission.
2: A fire insurer who fails, without lawful excuse, to comply with this section—
a: commits an offence; and
b: is liable on conviction to a fine not exceeding,—
i: in the case of an individual, $5,000; and
ii: in any other case, $25,000. Offences about information generally
154: Misleading information
1: A person must not give misleading information to the Commission or an authorised person.
2: A person who fails to comply with this section—
a: commits an offence; and
b: is liable on conviction to a fine not exceeding,—
i: in the case of an individual, $25,000; and
ii: in any other case, $50,000.
3: In this section, misleading information
155: Misleading information or damaging required records
1: A person must not intentionally—
a: include misleading information in a required record; or
b: alter a required record so that information in it becomes misleading information.
2: A person must not intentionally damage or destroy a required record.
3: A person who fails to comply with this section—
a: commits an offence; and
b: is liable on conviction to a fine not exceeding,—
i: in the case of an individual, $25,000; and
ii: in any other case, $50,000.
4: In this section,— misleading information required record Attribution of liability
156: Meaning of senior manager and worker
1: This section applies for the purposes of sections 157 158
2: A person ( person A senior manager person B
a: person A is a director (as defined in section 6(1)
b: person A occupies a position in relation to person B that allows person A to exercise significant influence over the management or administration of person B (for example, a chief executive or a chief financial officer):
c: person A is otherwise able, whether directly or through 1 or more interposed entities, to exercise significant influence over the management or administration of person B.
3: A person ( person A worker person B
157: Attribution of offence committed by senior manager or worker
1: If a senior manager or worker of another person ( person B
2: This section does not apply if person B is the Commission.
158: Attribution of state of mind of senior managers and workers
1: This section applies in a prosecution for an offence against this Act if—
a: the prosecution relates to conduct engaged in by a person ( person B
b: it is necessary to establish the state of mind of person B.
2: It is sufficient to show that a senior manager or worker of person B, acting within the scope of their actual or apparent authority, had that state of mind.
3: However, this section does not apply if person B is an individual.
6: Miscellaneous provisions
159: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
a: providing for anything that this Act says may or must be provided for by regulations:
b: exempting any class of residential building or residential land from the application of any provision of this Act or the regulations:
c: providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
2: The Minister must not recommend the making of regulations in relation to the review procedure ( see subpart 6
3: Subsection (2) does not apply to regulations that are minor or technical in nature.
4: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
160: Orders in Council to amend Schedule 2
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 2
2: However, an Order in Council cannot amend Schedule 2
3: The Minister must not recommend that an Order in Council be made unless satisfied that the amendment is necessary or desirable to do 1 or more of the following:
a: remove ambiguity about whether property of a particular kind is or is not excluded property:
b: modernise the kinds of property that are or are not excluded property (for example, as a consequence of technological changes):
c: make other changes of a minor or technical nature.
4: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation 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.
161: Commission may approve forms
1: The Commission may approve forms for use under this Act.
2: If a form is approved for doing a thing, the thing must be done using that form.
162: Repeal and revocation
1: The Earthquake Commission Act 1993
2: The Earthquake Commission Regulations 1993 2024-07-01 Earthquake Commission Act 1993 Earthquake Commission Regulations 1993
163: Consequential amendments
Amend the enactments specified in Schedule 3 2024-07-01 Canterbury Earthquakes Insurance Tribunal Act 2019 Civil Defence Emergency Management Act 2002 Crown Entities Act 2004 Fire and Emergency New Zealand Act 2017 Income Tax Act 2007 Insurance (Prudential Supervision) Act 2010 Ombudsmen Act 1975 Privacy Act 2020 Search and Surveillance Act 2012 |
LMS853465 | 2023 | Sale and Supply of Alcohol (Rugby World Cup 2023 Extended Trading Hours) Amendment Act 2023 | 1: Title
This Act is the Sale and Supply of Alcohol (Rugby World Cup 2023 Extended Trading Hours) Amendment Act 2023.
2: Commencement
This Act comes into force on the day after Royal assent.
3: Principal Act
This Act amends the Sale and Supply of Alcohol Act 2012 2023-07-27 Sale and Supply of Alcohol Act 2012
1: Main amendments
4: New sections 45A to 45H and cross-heading inserted
After section 45 Rugby World Cup 2023 extended trading hours
45A: Purpose
The purpose of sections 45B to 45H
a: for which an on-licence or a club licence is held; and
b: in which the licensee intends to televise, and televises, on a particular night, a notified game or games.
45B: Game, and other terms, defined
1: In section 45A sections 45C to 45H game Schedule 4 night televise
a: in any form, on any basis (for example, subscription to a television channel or service, or on demand), and using any medium or media (for example, satellite television broadcast, or Internet video streaming); and
b: to or for, or to or for a class of, the public.
2: Permitted trading hours section 5(1), section 45A sections 45C to 45H
45C: Eligible premises
1: Sections 45D to 45F
a: is held, and not suspended or cancelled, immediately before a night—
i: on or after 9 September 2023 (New Zealand standard time); and
ii: before or on 29 October 2023 (New Zealand daylight time); and
b: has not been varied or suspended under section 280
2: However, sections 45D to 45F
a: that the licensee intends to televise in the premises on the night the game, all games, or any 1 or more stated games; and
b: of the details of a noise management plan that is, or the other arrangements for managing noise levels that are, appropriate to the locality and that the licensee is to have in place during every proposed extension under section 45D
3: The details under subsection (2)(b) must state how the licensee will comply with the noise level management conditions in section 45E(1)(c)
4: The notification to the Police must be sent to the constable in charge of the police station nearest to the premises for which the licence is held.
5: Sections 45D to 45F
a: an application for an order under section 280 sections 45D to 45F
b: a copy of the application is sent to, and received by, the licensee.
6: A licensee who has given notice under subsection (2) but subsequently decides not to televise in the premises any games on the night specified in that notice must, as soon as is reasonably practicable, give notice of the decision to the territorial authority and the constable in charge of the police station nearest the premises for which the licence is held.
7: If notice is given under subsection (6), sections 45D to 45F
45D: Trading hours extended
1: The licensee has the extension provided in this section to the permitted trading hours, but only if the primary or sole purpose of the premises being open on the night is to allow customers to watch the televised game or games notified by the licensee under section 45C
2: The premises may open 1 hour before the start of each game to be televised.
3: However, if the first or only game to be televised is to start no more than 2 hours after the end of the last period of permitted trading hours for the premises, the premises can stay open after that period, and until that game starts.
4: The premises can be open during each game televised.
5: The premises are required to close for the sale of alcohol 30 minutes after the end of each game televised (unless that 30-minute period ends after the start of the 1-hour period under subsection (2) for the next game to be televised).
6: Sections 255 and 256
a: is not a time when a special licence applies to the premises; and
b: is not between 6 am and the time when the next period of permitted trading hours for the premises begins; and
c: is—
i: more than 30 minutes after the premises are required to close for the sale of alcohol; or
ii: a time when the premises are required to be closed for the sale of alcohol. Example 1: game starts during and finishes outside permitted trading hours
The licensee notifies for the Italy v Namibia game played on 9 September at 23.00 NZST. The last period of permitted trading hours for the premises ends at 23.30 NZST. The premises can be open during the game televised, which ends at 0.45 NZST. The premises are required to be closed for the sale of alcohol at 1.15 NZST. The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so no customer can be found in, or allowed to be on, the premises after 1.45 NZST and before 6.00 NZST. Example 2: game starts no more than 2 hours outside permitted trading hours
The licensee notifies for the Japan v Argentina game played on 9 October at 0.00 NZDT. The last period of permitted trading hours for the premises ends at 22.00 NZDT. As the game is to start no more than 2 hours after 22.00 NZDT, the premises can stay open after 22.00 NZDT until the game starts at or about 0.00 NZDT. The premises can be open during the game televised, which ends at 1.45 NZDT. The premises are required to be closed for the sale of alcohol at 2.15 NZDT. The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so no customer can be found in, or allowed to be on, the premises after 2.45 NZDT and before 6.00 NZDT. Example 3: game starts more than 2 hours outside permitted trading hours
The licensee notifies for the Australia v Fiji game played on 18 September at 3.45 NZST. The last period of permitted trading hours for the premises ends at 17.00 NZST. The premises can open at 2.45 NZST (1 hour before the start of the game). The game ends at 5.30 NZST. The premises are required to be closed for the sale of alcohol at 6.00 NZST. Example 4: successive games
The licensee notifies for the first, second, and third of these 3 games played on 8 October: the Wales v Georgia game to start at 2.00 NZDT: the England v Samoa game to start at 4.45 NZDT: the Ireland v Scotland game to start at 8.00 NZDT. The last period of permitted trading hours for the premises ends at 0.30 NZDT. The opening time for permitted trading hours is 8.00 NZDT. The premises can remain open and sell, supply, and let people consume alcohol on the premises from 0.30 NZDT on 8 October (the end of the last period of permitted trading hours) until 0.30 NZDT on 9 October (the end of last period of permitted trading hours the following day), because—
a: the first game is to start no more than 2 hours after 0.30 NZDT; and
b: premises can open 1 hour before the start of each game to be televised; and
c: alcohol sales are required to close 30 minutes after the game ends, unless that 30-minute period ends after the start of the 1-hour period under (b); and
d: the third game starts at the premises’ opening time for permitted trading hours at 8.00 NZDT. Example 5: non-successive games
The licensee notifies for the first and third, but not the second, of these 3 games played on 8 October: the Wales v Georgia game to start at 2.00 NZDT: the England v Samoa game to start at 4.45 NZDT: the Ireland v Scotland game to start at 8.00 NZDT. The last period of permitted trading hours for the premises ends at 0.30 NZDT. The opening time for permitted trading hours is 8.00 NZDT. As the game is to start no more than 2 hours after the end of the last period of permitted trading hours, the premises can remain open from 0.30 NZDT to the end of the first game, at 3.45 NZDT. The premises are required to be closed for the sale of alcohol at 4.15 NZDT. The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so no customers can be found in, or allowed on, the premises after 4.45 NZDT and until 6.00 NZDT. The premises can open again for the sale of alcohol at 7.00 NZDT (1 hour before the start of the third game). The third game ends at 8.45 NZDT, within the premises’ permitted trading hours, and can remain open until 0.30 NZDT on 9 October (the last period of permitted trading hours the following day).
45E: Effect of extensions (on one-way door restrictions, etc)
1: While the premises are open under an extension under section 45D
a: the licensee has, for the purposes of section 247(1)
i: sell or supply alcohol on the premises for consumption there; or
ii: let people consume alcohol on the premises; and
b: sections 46 to 63 and 259(1)
c: the licensee must comply with the following conditions:
i: open areas cannot be used for any purpose (despite section 12 of the Smokefree Environments and Regulated Products Act 1990
ii: audio equipment (for example, loudspeakers, amplifiers, or audio relay equipment) cannot be used in an open area:
iii: bottles, or other rubbish, cannot be disposed of, or left for collection in an open area.
2: An extension under section 45D
a: must be treated as if it were part of the permitted trading hours (for example, under sections 46(1) and 259(1)(a)
b: is not (for example, under sections 255(1)(c)(i) and (ii) and 256
3: Any one-way door restriction (whether imposed on the licence, or in a relevant local alcohol policy) applicable to the premises during the permitted trading hours does not operate—
a: within 1 hour before an extension starts under section 45D(3)
b: during an extension under section 45D
c: within 1 hour after the premises are required under section 45D(5)
4: Section 45D
a: override any contrary provisions of this Act, of a relevant local alcohol policy, or of a condition of the licence; and
b: do not affect closure of the premises under section 265 or 266 subpart 9 of Part 2
5: A person’s use of land must be treated as not contravening section 9 of the Resource Management Act 1991
a: it complies with section 45D
b: it would comply with section 9 of the Resource Management Act 1991
6: For the purposes of subsection (1)(c), open area section 2(1) of the Smokefree Environments and Regulated Products Act 1990
45F: Display of information about extensions
1: If sections 45D and 45E section 45C
2: The statement must be displayed in the way section 57(1) or (2)
3: To avoid doubt, a person who fails or refuses to comply with subsection (2) commits an offence against section 259(1)
45G: Special licences unaffected, and not limiting, but do not apply if notice given
1: Sections 45A to 45F
a: an application for a special licence issued in respect of an event related to a game or games; or
b: the operation of a special licence of that kind.
2: Section 45C(1) sections 45D and 45E
3: However, if the holder of the special licence gives notice under section 45C(2) sections 45D and 45E
a: sections 45D to 45F
b: for the period of the extension provided by section 45D
45H: Duty to keep records for research purposes
1: The Police must keep records of the notices given under section 45C
2: The records must—
a: specify the number of notices given under section 45C(2)
b: specify the number of notices given under section 45C(6)
c: classify the premises to which the notifications relate (including size, type, and location); and
d: specify, for each premises,—
i: the period of extended hours that have been notified (hours and times); and
ii: the period of time between the giving of a notice and the start of the extended hours to which the notice relates.
5: New Schedule 4 inserted
After Schedule 3 Schedule
6: Repeal of extended trading hours provisions
Sections 44(3), 45(3), 45A to 45H, and 50(3) Schedule 4 2023-10-31 Sale and Supply of Alcohol Act 2012
2: Related amendments
7: Section 44 amended (Permitted trading hours for premises without relevant local alcohol policy)
After section 44(2)
3: This section is overridden by sections 45A to 45H
8: Section 45 amended (Permitted trading hours for premises with relevant local alcohol policy)
After section 45(2)
3: This section is overridden by sections 45A to 45H
9: Section 50 amended (One-way door restrictions in local alcohol policies to be complied with)
After section 50(2)
3: This section is overridden by sections 45A to 45H |
LMS822110 | 2023 | Appropriation (2021/22 Confirmation and Validation) Act 2023 | 1: Title
This Act is the Appropriation (2021/22 Confirmation and Validation) Act 2023.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is—
a: to confirm and validate matters relating to the 2021/22 financial year; and
b: to validate a matter relating to the 2017/18, 2018/19, 2019/20, and 2020/21 financial years.
4: Interpretation
1: In this Act,— 2017/18 financial year 2018/19 financial year 2019/20 financial year 2020/21 financial year 2021/22 financial year
2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989
5: Confirmation of Order in Council directing transfer of amounts between output expense appropriations
The Public Finance (Transfers Between Outputs) Order 2022 2023-05-18 Public Finance (Transfers Between Outputs) Order 2022
6: Confirmation of expenses incurred in excess of existing appropriation and approved by Minister of Finance
1: The incurring of expenses approved by the Minister of Finance under section 26B subsections (2) and (3)
2: The expenses are the expenses incurred in excess, but within the scope, of the existing appropriation set out in column 3 of Schedule 1
3: The amount of the approved expenses is shown in column 4 of Schedule 1
7: Validation of unappropriated expenses and capital expenditure for 2021/22 financial year
1: The incurring of expenses or capital expenditure by a department in the circumstances set out in subsection (2), (3), (4), or (5) section 26C
2: The circumstances in this subsection are that,—
a: for the 2021/22 financial year, the department incurred expenses in excess, but within the scope, of the existing appropriation set out in column 3 of Schedule 2
b: the expenses referred to in paragraph (a)
3: The circumstances in this subsection are that,—
a: for the 2021/22 financial year, the department incurred expenses or capital expenditure in excess, but within the scope, of the existing appropriations set out in column 3 of Schedule 3
b: the expenses or capital expenditure referred to in paragraph (a)
4: The circumstances in this subsection are that,—
a: for the 2021/22 financial year, the department incurred expenses or capital expenditure, not within the scope of any existing appropriation, against the categories of expenses or capital expenditure set out in column 3 of Schedule 4
b: the expenses or capital expenditure referred to in paragraph (a)
5: The circumstances in this subsection are that,—
a: for the 2021/22 financial year, the department incurred expenses in advance of the appropriations set out in column 3 of Schedule 5
b: the expenses referred to in paragraph (a)
6: In this section,— capital expenditure Schedule 3 4 department Schedule 2 3 4 5 expenses Schedule 2 3 4 5
8: Validation of unauthorised capital injection for 2021/22 financial year
1: The making of the capital injection set out in subsection (2) section 26CA
2: The capital injection is the capital injection of $568,000 that—
a: was made to the Office of the Ombudsman in the 2021/22 financial year; and
b: was made without authority under an Appropriation Act; and
c: was not made under the authority of an Imprest Supply Act.
9: Validation of unappropriated expenses incurred by Ministry of Social Development for 2017/18 to 2020/21 financial years
1: The incurring of expenses by the Ministry of Social Development for Vote Social Development in the circumstances set out in subsection (2)
2: The circumstances are that—
a: the amount of the expenses is,—
i: for the 2017/18 financial year, $1,488,000:
ii: for the 2018/19 financial year, $1,164,000:
iii: for the 2019/20 financial year, $1,653,000:
iv: for the 2020/21 financial year, $974,000; and
b: the expenses were incurred in making payments for accommodation assistance that were not in accordance with the statutory criteria; and
c: the expenses—
i: were not within the scope of any existing appropriation; and
ii: were not incurred under the authority of an Imprest Supply Act. |
LMS577493 | 2023 | Sale and Supply of Alcohol (Exemption for Race Meetings) Amendment Act 2023 | 1: Title
This Act is the Sale and Supply of Alcohol (Exemption for Race Meetings) Amendment Act 2023.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Sale and Supply of Alcohol Act 2012 principal Act 2023-06-13 Sale and Supply of Alcohol Act 2012
4: New section 235A inserted (Exemption to section 235 for certain race meetings)
After section 235
235A: Exemption to section 235 for certain race meetings
1: Section 235 does not apply in the following circumstances:
a: the person (A)
b: the consumption of alcohol takes place on a day when A is using the unlicensed premises referred to in section 235(1) to hold a race meeting; and
c: A holds either an on-licence or an on-site special licence that applies to an area within the premises for the duration of the race meeting.
2: In this section, the following terms have the same meanings as in section 5(1) of the Racing Industry Act 2020:
a: race meeting
b: small racing club |
LMS774541 | 2023 | Customs and Excise (Arrival Information) Amendment Act 2023 | 1: Title
This Act is the Customs and Excise (Arrival Information) Amendment Act 2023.
2: Commencement
This Act comes into force on 21 June 2023.
3: Principal Act
This Act amends the Customs and Excise Act 2018 2023-06-21 Customs and Excise Act 2018
1: Amendments about requirement to provide information
4: New sections 28A and 28B inserted
After section 28
28A: Persons arriving in New Zealand to provide information
1: Every person arriving in New Zealand must provide Customs with the information prescribed by the chief executive’s rules.
2: The information must be provided—
a: in the way prescribed by the chief executive’s rules; and
b: by the prescribed time.
3: The prescribed time may be before a person arrives in New Zealand.
4: In that case, the person is to be treated as complying with subsections (1) and (2) if (and only if) they have provided the information—
a: in the way prescribed by the chief executive’s rules; and
b: by that prescribed time.
5: Regulations may prescribe exemptions from subsection (1).
28B: Offences in relation to providing information
1: A person commits an offence if the person—
a: fails to comply with section 28A(1) or (2)
b: provides Customs with information under section 28A(1)
2: A person who commits an offence under this section is liable on conviction to a fine not exceeding $1,000.
5: Section 34 amended (Offence in relation to wilful failure to comply with requirements when arriving in, or departing from, New Zealand)
In section 34(1) any of sections 28 to 33 section 28 sections 29 to 33
6: Section 54 amended (Defences for offences under subpart)
After section 54(2)
3: It is a defence to a prosecution for an offence under section 28B(1)(b)
7: Schedule 1 amended
In Schedule 1
a: insert the Part set out in the Schedule
b: make all necessary consequential amendments.
2: Amendment about power to collect information
8: New section 53A and cross-heading inserted
After section 53 Power to collect other arrival information
53A: Power to collect information designated as arrival information
1: Customs may collect information from a person to verify their compliance with a requirement under another Act if—
a: the information is designated as arrival information by 1 or more provisions of that Act (the relevant provisions
b: the relevant provisions are listed in subsection (2); and
c: the person must comply with the requirement before or when they arrive in New Zealand.
2: There are no relevant provisions for the purpose of this section as enacted.
3: Section 28A see |
LMS822423 | 2023 | Severe Weather Emergency Legislation Act 2023 | 1: Title
This Act is the Severe Weather Emergency Legislation Act 2023.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to Civil Defence Emergency Management Act 2002
3: Principal Act
This Part amends the Civil Defence Emergency Management Act 2002 2023-03-21 Civil Defence Emergency Management Act 2002
4: New section 28A inserted (Application of temporary provision in Part 1 of Schedule 3)
After section 28
28A: Application of temporary provision in Part 1 of Schedule 3
1: The temporary provision set out in Part 1 of Schedule 3
a: commencing on the day on which this section comes into force; and
b: ending on the close of 30 September 2024.
2: While the temporary provision applies, clause 1 of Schedule 3
3: During the application of the temporary provision, a cross-reference in this Act or any other enactment to section 28, or including section 28, is to be treated as a cross-reference to, or including, clause 1 of Schedule 3
4: This section and Part 1 of Schedule 3
5: New section 30B inserted (Application of temporary provision in Part 2 of Schedule 3)
After section 30A
30B: Application of temporary provision in Part 2 of Schedule 3
1: The temporary provision set out in Part 2 of Schedule 3
a: commencing on the day on which this section comes into force; and
b: ending on the close of 30 September 2024.
2: While the temporary provision applies, clause 2 of Schedule 3
3: During the application of this temporary provision, a cross-reference in this Act or any other enactment to section 30A, or including section 30A, is to be treated as a cross-reference to, or including, clause 2 of Schedule 3
4: This section and Part 2 of Schedule 3
6: New section 73A inserted (Application of temporary provisions in Part 3 of Schedule 3)
After section 73
73A: Application of temporary provisions in Part 3 of Schedule 3
1: The temporary provisions set out in Part 3 of Schedule 3
a: commencing on the day on which this section comes into force; and
b: ending on the close of 30 September 2024.
2: The temporary provisions have the following effect while they apply:
a: clause 3 of Schedule 3
b: clause 4 of Schedule 3
3: During the application of the temporary provisions, a cross-reference in this Act or any other enactment to a replaced provision, or including a replaced provision, is to be treated as a cross-reference to, or including, the corresponding replacement provision.
4: This section and Part 3 of Schedule 3
7: New section 94FA inserted (Application of temporary provisions in Part 4 of Schedule 3)
After section 94F
94FA: Application of temporary provisions in Part 4 of Schedule 3
1: The temporary provisions set out in Part 4 of Schedule 3
a: commencing on the day on which this section comes into force; and
b: ending on the close of 30 September 2024.
2: The temporary provisions have the following effect while they apply:
a: clause 5 of Schedule 3
b: clause 6 of Schedule 3
c: clause 7 of Schedule 3
3: During the application of the temporary provisions, a cross-reference in this Act or any other enactment to a replaced provision, or including a replaced provision, is to be treated as a cross-reference to, or including, the corresponding replacement provision.
4: This section and Part 4 of Schedule 3
8: New Schedule 3 inserted
After Schedule 2 Schedule
2: Amendments to Food Act 2014 and Food Regulations 2015
1: Amendments to Food Act 2014
9: Principal Act
This subpart amends the Food Act 2014 2023-03-21 Food Act 2014
10: Schedule 4 amended
In Schedule 4
3A: Renewal of affected registrations that expire during, or within specified period after, severe weather event
1: In this clause,— affected food business
a: the regions of Northland, Auckland, Waikato, Bay of Plenty, Gisborne, and Hawke’s Bay:
b: the districts of Tararua, Masterton, Carterton, and South Wairarapa affected registration
a: of—
i: a food control plan that applies to 1 or more affected food businesses; or
ii: an affected food business that is subject to a national programme; and
b: that expires at any time during the specified period severe weather event
a: Cyclone Hale, which crossed the North Island during the period commencing on 8 January 2023 and ending on 12 January 2023:
b: heavy rainfall commencing on 26 January 2023 and ending on 3 February 2023 in the Northland, Auckland, Waikato, and Bay of Plenty regions:
c: Cyclone Gabrielle, which crossed the North Island during the period commencing on 12 February 2023 and ending on 16 February 2023 specified period
a: commencing on 8 January 2023; and
b: ending on the close of 16 May 2023.
2: Despite clause 3
a: after the expiry of the period during which the affected registration is effective; and
b: whether the expiry occurs before, on, or after the date on which this clause comes into force.
3: An affected registration may be renewed by paying the prescribed fee to the proper authority at any time during the specified period.
4: On payment of the prescribed fee, the proper authority may renew the affected registration for a further period determined by the proper authority, if the proper authority is satisfied that all of the criteria specified in section 56 or 86(b), as the case may be, are continuing to be met.
5: A person may operate an affected food business without the renewal of an affected registration—
a: during the specified period; and
b: after the expiry of the specified period until the date on which the person is notified whether the registration has been renewed, if the prescribed fee for the renewal was paid before the expiry of that period.
6: This clause is repealed at the close of 30 June 2023.
2: Amendments to Food Regulations 2015
11: Principal regulations
This subpart amends the Food Regulations 2015 2023-03-21 Food Regulations 2015
12: New subpart 2B of Part 3 inserted
After regulation 94A
2B: Temporary exemption for affected food businesses
94B: Interpretation
In this subpart,— affected food business
a: the regions of Northland, Auckland, Waikato, Bay of Plenty, Gisborne, and Hawke’s Bay:
b: the districts of Tararua, Masterton, Carterton, and South Wairarapa severe weather event
a: Cyclone Hale, which crossed the North Island during the period commencing on 8 January 2023 and ending on 12 January 2023:
b: heavy rainfall commencing on 26 January 2023 and ending on 3 February 2023 in the Northland, Auckland, Waikato, and Bay of Plenty regions:
c: Cyclone Gabrielle, which crossed the North Island during the period commencing on 12 February 2023 and ending on 16 February 2023.
94C: Temporary exemption from verification requirements for affected food businesses because of severe weather event
1: This regulation applies to an operator of an affected food business who—
a: is due to comply with the verification requirements in accordance with regulation 87(1), 88(1), or 90 during the period—
i: commencing on 8 January 2023; and
ii: ending on the close of 16 May 2023; or
b: is due to comply with the verification requirements in accordance with regulation 91(1), 92(1), 93(1), or 94 during the period—
i: commencing on 8 January 2023; and
ii: ending on the close of 16 August 2023.
2: An operator of an affected food business to whom this regulation applies—
a: is exempt from the compliance referred to in subclause (1)
b: must comply with the verification requirements when compliance with those requirements is next due in accordance with regulation 87(1), 88(1), 90, 91(1), 92(1), 93(1), or 94.
3: The exemption in subclause (2)
94D: Revocation
This subpart is revoked 12 months after the date on which it comes into force.
3: Amendments to Local Government Act 2002
13: Principal Act
This Part amends the Local Government Act 2002 2023-03-21 Local Government Act 2002
14: Schedule 1AA amended
1: In Schedule 1AA, clause 27(1) long-term planning for plans that take effect in any period on or after 1 July 2024
2: In Schedule 1AA, clause 27(1)(a) or an amendment to a long-term plan
3: In Schedule 1AA
b: a consultation document related to a long-term plan (other than a consultation document related to the amendment of a long-term plan), and information relied on by the content of that document:
15: Schedule 7 amended
In Schedule 7
25B: Modifications to clause 25A during period 12 February 2023 to 1 April 2024
1: Subclauses (2) to (4)
a: commencing on 12 February 2023; and
b: ending on the close of 30 September 2024.
2: A member of a local authority, or of a committee of a local authority, has, unless lawfully excluded, the right to attend any meeting of the local authority or committee by means of audio link or audiovisual link.
3: To that end, a member may attend a meeting by means of audio link or audiovisual link despite—
a: clause 27(5)(a); and
b: any limitation or condition on the use of an audio link or audiovisual link that is contained in the local authority’s standing orders; and
c: anything else to the contrary in the local authority’s standing orders.
4: For a Civil Defence Emergency Management Group, the reference in subclause (3)
5: Subclause (6)
6: A member of the local authority or committee who attends a meeting by means of audio link or audiovisual link, in accordance with this clause, is to be counted as present for the purposes of clause 23.
7: This clause is repealed on the close of 1 October 2024.
4: Amendments to Resource Management Act 1991
16: Principal Act
This Part amends the Resource Management Act 1991 2023-03-21 Resource Management Act 1991
17: New section 329A inserted (Interpretation)
Before section 330
329A: Interpretation
1: In sections 330AAA, 330AA, and 330C affected area area
a: the regions of Northland, Auckland, Waikato, Bay of Plenty, Gisborne, and Hawke’s Bay:
b: the districts of Tararua, Masterton, Carterton, and South Wairarapa severe weather event
a: Cyclone Hale, which crossed the North Island during the period commencing on 8 January 2023 and ending on 12 January 2023:
b: heavy rainfall commencing on 26 January 2023 and ending on 3 February 2023 in the Northland, Auckland, Waikato, and Bay of Plenty regions:
c: Cyclone Gabrielle, which crossed the North Island during the period commencing on 12 February 2023 and ending on 16 February 2023.
2: This section is repealed on the close of 1 October 2024.
18: New section 330AAA inserted (Modification of requirements in section 330(3) for authorities in affected areas)
After section 330
330AAA: Modification of requirements in section 330(3) for authorities in affected areas
1: This section applies if, because of or in connection with the impacts of a severe weather event, a local authority or consent authority acting under section 330(2) enters a place on land within an affected area when the occupier cannot be found there.
2: Section 330(3) is satisfied, and the local authority or consent authority is not required to take further action to contact the occupier, if—
a: there is displayed in a prominent place on the land a notice that gives the date of entry, the reasons for entry, and the contact details of a person who can provide further information; and
b: as soon as practicable after entering the land, the local authority or consent authority serves written notice (containing the same information as in paragraph (a)
3: This section is repealed on the close of 1 October 2024.
19: New section 330AA inserted (Modification of requirements in section 330A for activities undertaken in affected areas)
After section 330A
330AA: Modification of requirements in section 330A for activities undertaken in affected areas
1: This section applies if, because of or in connection with the impacts of a severe weather event, a person, local authority, consent authority, network utility operator, or lifeline utility (or a person acting on their behalf) undertakes an activity in an affected area under section 330.
2: The time within which advice of the activity must be given under section 330A(1) is extended to 100 working days.
3: The time within which any application for a resource consent must be lodged under section 330A(2) is extended to 160 working days.
4: Section 330A(3) applies subject to the time periods as modified by subsections (2) and (3)
5: In this section, lifeline utility
6: This section is repealed on the close of 1 October 2024.
20: New section 330C inserted (Modification of requirements in section 330B for activities undertaken in affected areas)
After section 330B
330C: Modification of requirements in section 330B for activities undertaken in affected areas
1: This section applies if, because of or in connection with the impacts of a severe weather event, a person (or a person acting on their behalf) undertakes an activity to which section 330B applies in a part of an affected area to which a state of emergency or transition period under the Civil Defence Emergency Management Act 2002 is in force.
2: The time within which advice of the activity must be given under section 330B(2) is extended to 100 working days.
3: The time within which any application for a resource consent must be lodged under section 330B(3) is extended to 160 working days.
4: Section 330B(4) and (5) applies subject to the time periods as modified by subsections (2) and (3)
5: This section is repealed on the close of 1 October 2024.
21: New sections 331A to 331F and cross-heading inserted
After section 331 Emergency activities undertaken by certain rural landowners and occupiers
331A: Application of sections 331B to 331E
1: Sections 331B to 331E
2: In this section and sections 331B, 331C, and 331E rural land
a: has a general rural, rural production, or Māori purpose zoning status (or the nearest equivalent zone) in the relevant district or combined plan; or
b: has located on it any marae, papakāinga, or urupā; or
c: is used for the primary purpose of livestock or horticultural farming.
3: In this section, affected area section 329A
331B: Owner or occupier of rural land may take emergency preventive or remedial measures
1: Subsection (2)
a: because of or in connection with the impacts of a severe weather event, a sudden event or an adverse effect on the environment has caused, is causing, or is likely to cause loss of life or injury to humans, loss of life or serious detriment to the health or well-being of animals, or serious damage to land or property; and
b: the owner or occupier of rural land—
i: considers, on reasonable grounds, that preventive or remedial measures are required to avoid, remedy, or mitigate the loss, injury, detriment, or damage; and
ii: considers that, in the circumstances, the measures are proportionate to the loss, injury, detriment, or damage or the risk of the loss, injury, detriment, or damage; and
iii: undertakes 1 or more activities to implement the measures in a manner that,—
A: so far as is reasonably practicable, avoids, remedies, or mitigates the adverse environmental effects; and
B: will not cause significant adverse effects beyond the boundaries of the owner’s or occupier’s rural land.
2: An activity undertaken under subsection (1)(b)(iii)
a: any relevant plan or proposed plan:
b: any applicable regulations:
c: any applicable national environmental standards.
3: However, an activity is not deemed a permitted activity under subsection (2)
a: is classified as a prohibited activity in any of the following:
i: any relevant plan or proposed plan:
ii: any applicable regulations:
iii: any applicable national environmental standard; or
b: is an activity referred to in section 12; or
c: is undertaken on culturally significant land, or will impact on culturally significant land, without the written permission of the relevant iwi or hapū given following notice to the relevant iwi or hapū by the owner or occupier of the rural land in accordance with subsection (4)
4: The notice referred to in subsection (3)(c)
a: details of the proposed activity to be undertaken; and
b: the proximity of the proposed activity to the wāhi tapu, site of cultural significance, or area subject to a statutory acknowledgement; and
c: the anticipated effect of the proposed activity on the wāhi tapu, site of cultural significance, or area subject to a statutory acknowledgement and proposals to avoid, remedy, or mitigate the effect; and
d: a request for permission from the relevant iwi or hapū to undertake the proposed activity; and
e: a request for protocols or management plans in relation to the wāhi tapu, site of cultural significance, or area subject to a statutory acknowledgement.
5: If an activity undertaken under subsection (1)(b)(iii)
6: Subsection (2)
7: In this section,— culturally significant land
a: is on, or adjoins, a wāhi tapu or a site of cultural significance; or
b: is on, near, or adjoins land that has an area that is subject to a statutory acknowledgement severe weather event section 329A statutory acknowledgement wāhi tapu site of cultural significance
a: a relevant plan or proposed plan:
b: the New Zealand Archaeological Association’s site recording scheme:
c: a list maintained under section 65 or 81 of the Heritage New Zealand Pouhere Taonga Act 2014:
d: the records of the Maori Land Court as a site set apart as a Maori reservation under Part 17 of Te Ture Whenua Maori Act 1993.
331C: Requirement for owner or occupier to give notice to relevant consent authority
1: An owner or occupier of rural land who has acted under section 331B
2: Notice must be given within 60 working days after the activity begins, or such extended period that the consent authority may allow by written notice.
3: If the owner or occupier fails to comply with the specified or extended notice period in subsection (2)
331D: Duty to gather information, monitor, and keep records
Nothing in section 331B or 331C
331E: Enforcement proceedings
For the purposes of activities undertaken under section 331B
331F: Repeal of this section and sections 331A to 331E
1: This section and sections 331A to 331E section 331A
2: The repeal of section 331B section 331B(2)
3: However, subsection (2) section 331B |
LMS577468 | 2023 | Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023 | 1: Title
This Act is the Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act 2023.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Employment Relations Act 2000 principal Act 2023-06-13 Employment Relations Act 2000
4: Section 54 amended (Form and content of collective agreement)
Replace section 54(3)(a)(iii)
iii: a plain language explanation of the services available for the resolution of employment relationship problems, including a reference to—
A: the 12-month period within which a personal grievance must be raised under section 114(1)
B: the 90-day period within which any other personal grievance must be raised under section 114(1)
5: Section 65 amended (Form and content of individual employment agreement)
Replace section 65(2)(a)(vi)
vi: a plain language explanation of the services available for the resolution of employment relationship problems, including a reference to—
A: the 12-month period within which a personal grievance must be raised under section 114(1)
B: the 90-day period within which any other personal grievance must be raised under section 114(1)
6: Section 114 amended (Raising personal grievance)
1: Replace section 114(1)
1: An employee who wishes to raise a personal grievance must, subject to subsections (3) and (4), raise the grievance with their employer within the applicable employee notification period unless the employer consents to the personal grievance being raised after the expiration of that period.
2: In section 114(3) 90-day period employee notification period
3: After section 114(6)
7: In this section, employee notification period
a: in respect of a personal grievance under section 103(1)(d), the period of 12 months beginning with the date on which the action alleged to amount to the personal grievance occurred or came to the notice of the employee, whichever is later:
b: in respect of any other personal grievance, the period of 90 days beginning with the date on which the action alleged to amount to a personal grievance occurred or came to the notice of the employee, whichever is later.
7: Section 115 amended (Further provision regarding exceptional circumstances under section 114)
In section 115(a) period specified in section 114(1) applicable employee notification period under section 114
8: Section 115A amended (Notifying controlling third party of personal grievance)
1: In section 115A(1)(a)(ii) 90-day applicable
2: In section 115A(2) 90-day
3: In section 115A(3) 90-day
4: In section 115A(6) 90-day employee notification period relevant 90-day notification period
5: In section 115A(6) employee notification period section 114(7) relevant notification period
9: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in the Schedule
b: make all necessary consequential amendments. |
LMS817580 | 2023 | Road User Charges (Temporary RUC Reduction Scheme) Amendment Act 2023 | 1: Title
This Act is the Road User Charges (Temporary RUC Reduction Scheme) Amendment Act 2023.
2: Commencement
This Act comes into force on 1 March 2023.
3: Principal Act
This Act amends the Road User Charges Act 2012 2023-03-01 Road User Charges Act 2012
1: Amendments to principal Act
4: Section 42A amended (Meaning of temporary reduction period)
1: In the heading to section 42A temporary reduction period and second temporary reduction period
2: After section 42A(2)
2A: In sections 42B to 42G, unless the context otherwise requires, second temporary reduction period
a: beginning on 1 March 2023; and
b: ending on one of the following dates:
i: the date specified by an Order in Council made under subsection (2B)
ii: if no Order in Council has been made under subsection (2B)
2B: The Governor-General may, by Order in Council made before the second temporary reduction period ends, shorten or extend the second temporary reduction period to a date specified in the order.
3: In section 42A(3) subsection (2) or (2B)
5: Section 42B amended (Temporary reduction in rate of road user charges)
1: In section 42B(1) temporary reduction period or second temporary reduction period
2: In section 42B(3) normal rate normal rate
a: for the temporary reduction period, the GST-inclusive rate—
i: applying immediately before the commencement of the temporary reduction period; and
ii: specified for the RUC licence—
A: in the Road User Charges (Rates) Regulations 2015; or
B: by notice given under section 90A(2); and
b: for the second temporary reduction period, the GST-inclusive rate specified for the RUC licence—
i: from time to time in regulations made under section 85; or
ii: by notice given under section 90A(2).
3: In section 42B(6) section 42A(2) or the second temporary reduction period is extended by an Order in Council under section 42A(2B)
6: Section 42G amended (Repeal)
In section 42G(1) 12 months after the end of the temporary reduction period 5 years after the second temporary reduction period ends
2: Consequential amendments
7: Section 42C amended (Road user charges that apply after end of temporary reduction period)
1: In the heading to section 42C temporary reduction period or second temporary reduction period
2: In section 42C temporary reduction period or second temporary reduction period
8: Section 42D amended (When assessments may be issued)
1: In section 42D(2) temporary reduction period or second temporary reduction period
2: In section 42D(3)(a) 2022 or any subsequent orders made from time to time under clause 20 of Schedule 3 of the Customs and Excise Act 2018
3: In section 42D(3)(b) temporary reduction period or second temporary reduction period
4: In section 42D(5)(a) section 42A(1) and (2A)
9: Section 42E amended (How assessments are to be calculated)
In section 42E temporary reduction period or second temporary reduction period |
LMS697346 | 2023 | Foreign Affairs (Consular Loans) Amendment Act 2023 | 1: Title
This Act is the Foreign Affairs (Consular Loans) Amendment Act 2023.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Foreign Affairs Act 1988 2023-04-05 Foreign Affairs Act 1988
4: New section 2AA inserted (Transitional, savings, and related provisions)
After section 2
2AA: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
5: New section 12A inserted (Consular loans)
After section 12
12A: Consular loans
1: The Minister of Foreign Affairs, on behalf of the Crown, may lend money to—
a: a New Zealand citizen who is outside New Zealand:
b: a permanent resident who is outside New Zealand:
c: an individual who is assisting a person referred to in paragraph (a) or (b) (an assisting party
2: The Minister may lend money under subsection (1) if the Minister is satisfied that—
a: a person referred to in subsection (1)(a) or (b) is in distress; and
b: exceptional circumstances exist; and
c: lending money would provide short-term assistance consistent with New Zealand’s consular functions.
3: The Minister may lend money under subsection (1) on any terms and conditions that the Minister sees fit.
4: If the Minister lends money under subsection (1), the amount payable by the borrower is recoverable in a court of competent jurisdiction as a debt due to the Crown.
5: In this section,— borrower
a: received a loan under subsection (1); and
b: has not fully repaid the amount payable under the loan permanent resident section 4 of the Immigration Act 2009
6: New Schedule 1 inserted
Insert the Schedule 1 set out in the Schedule
7: Section 14 amended (Consequential amendments, repeals, and savings)
In section 14(1) the Schedule Schedule 2
8: Schedule amended
In the Schedule Schedule 2 |
LMS719844 | 2023 | Business Payment Practices Act 2023 | 1: Title
This Act is the Business Payment Practices Act 2023.
2: Commencement
Main commencement
1: This Act comes into force 10 months after the date on which this Act receives Royal assent. Exception for specified provisions
2: However, the following provisions come into force on the day after the date on which this Act receives the Royal assent:
a: section 6
b: sections 26 to 28
c: section 51
d: section 52
e: section 53
f: sections 56 57 Tax Administration Act 1994
1: Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: improve transparency in certain business-to-business payment practices; and
b: enable members of the public and entities to access information about those business-to-business payment practices so that they can make informed choices about whether to engage with certain large entities.
4: Overview
Obligations, register, and Registrar
1: Part 2
2: Part 2 Compliance, enforcement, and offences
3: Part 3
4: Part 3
5: If a person breaches an obligation under this Act, the Registrar may issue them with an infringement notice, a compliance notice, or both.
6: If a person contravenes a compliance notice, they may be subject to a pecuniary penalty.
7: A person may be subject to an offence if they knowingly—
a: fail to comply with certain requirements to confirm or correct information or provide or retain relevant documents; or
b: obstruct or hinder the Registrar while the Registrar is exercising certain investigative powers; or
c: provide false or misleading information to the Registrar.
8: In addition to liability for infringement offences, pecuniary penalties, and offences, section 23
9: This section is only a guide to the general scheme and effect of this Act.
5: Interpretation
In this Act, unless the context otherwise requires,— accounting period section 5(1) carrying on business in New Zealand section 332 director
a: in relation to a company or an overseas company, a person occupying the position of a director of the company or overseas company by whatever name they are called:
b: in relation to a partnership (other than a limited partnership), a partner:
c: in relation to a limited partnership, any general partner:
d: in relation to a charitable entity (within the meaning of the Charities Act 2005
e: in relation to any other body corporate or unincorporate, a person occupying a position in the body that is comparable with that of a director of a company:
f: in relation to any other person, that person disclosure section 8 disclosure deadline section 53 disclosure period section 53 entity
a: a company, an overseas company, or any other body corporate:
b: a corporation sole:
c: a trust, a partnership, or an association of persons, whether incorporated or not:
d: a society or a branch of a society registered or deemed to be registered under the Friendly Societies and Credit Unions Act 1982
e: a department or an office of Parliament (within the meaning of those terms in section 2(1) Schedule 4
f: a Crown entity (within the meaning of section 7
g: a local authority (within the meaning of section 5(1) group identifying information section 15 infringement fee infringement offence section 36 large section 9 limited partnership section 51 overseas company partnership section 8 payment practices information section 14 payment threshold test section 10 register section 21 Registrar section 26 regulations section 52 subsidiary section 5(1)
6: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
7: Act binds the Crown
This Act binds the Crown.
2: Obligations, register, and Registrar
Obligation to make disclosures
8: Certain large entities must make disclosures
1: This section applies if an entity, in respect of an accounting period,—
a: is large; and
b: meets the payment threshold test.
2: The entity must make a disclosure for each disclosure period that—
a: falls within that accounting period; or
b: spans that accounting period and another accounting period, but only if the entity, in respect of that other accounting period,—
i: is also large; and
ii: meets the payment threshold test.
3: The disclosure must be made to the Registrar by the applicable disclosure deadline and in the way required by the Registrar.
9: Meaning of large
For the purpose of this Act, an entity is large section 45
a: as if section 45(1)
b: as if section 45(1)(a) and (2)
10: Payment threshold test
An entity meets the payment threshold test
11: Contents of disclosure if entity does not have any subsidiaries
If an entity to which section 8
a: contain the entity’s payment practices information for the disclosure period; and
b: contain, if the entity’s identifying information is not already recorded on the register,—
i: the entity’s identifying information; or
ii: as much of the entity’s identifying information as the Registrar is satisfied the entity is able to provide; and
c: confirm that a director of the entity, or any other person authorised for that purpose, is satisfied that the information disclosed is complete and accurate.
12: Contents of disclosure if entity has 1 or more subsidiaries
1: If an entity to which section 8
a: contain the payment practices information for the disclosure period—
i: for—
A: the entity and each subsidiary; or
B: the group as a whole; and
ii: for the entity alone, if it is independently large and the entity’s information is not provided under subparagraph (i)(A); and
b: identify, for each set of payment practices information provided, the group or entity to which the information relates; and
c: specify the trading name or names and New Zealand Business Number of each subsidiary; and
d: contain, if the entity’s identifying information is not already recorded on the register,—
i: the entity’s identifying information; or
ii: as much of the entity’s identifying information as the Registrar is satisfied the entity is able to provide; and
e: confirm that a director of the entity, or any other person authorised for that purpose, is satisfied that the information disclosed is complete and accurate.
2: In this Part, independently large section 8(2)(a)
13: Certain subsidiaries may make disclosures
1: This section applies to an entity ( entity S
a: it is a subsidiary of an entity ( entity A section 8
b: section 8
c: entity A discloses payment practices information for the group as a whole in accordance with section 12(1)(a)(i)(B)
2: Entity S may make a disclosure for each disclosure period that applies to entity A.
3: The disclosure must be made to the Registrar by the applicable disclosure deadline and in the way required by the Registrar.
4: The disclosure must contain the particulars set out in section 11(a) to (c)
14: Meaning of payment practices information
1: In this Act, payment practices information
a: the information specified by the regulations about particular invoices received or paid in full or in part by the entity or a subsidiary of the entity during that period (for example, information about the time taken to pay invoices and information about the proportion of invoices paid in full during that period); and
b: the information specified by the regulations about invoices issued by the entity or a subsidiary of the entity during that period; and
c: any other information specified by the regulations about the entity’s payment practices during that period.
2: If an invoice provides for payment by instalments on specified dates, for the purposes of payment practices information, each instalment is to be treated as a separate invoice that—
a: is received, for the second and any subsequent instalment, on the day after the date on which the previous instalment is due; and
b: is due on the date specified in the invoice as the due date for that instalment.
3: Payment practices information is not required for invoices or payments that relate to all or any of the following:
a: salary or wages to employees or office holders:
b: income tax, goods and services tax, or any other form of tax:
c: rent or a lease:
d: charges related to electricity, gas, telecommunications services, or other utilities:
e: local body rates and charges:
f: any goods or services or types of transactions specified by the regulations.
4: Regulations may define invoice for the purposes of this section.
5: The Minister may recommend that regulations be made that specify information about late invoices only if the Minister is satisfied that the regulations enable an entity to disclose information about disputed invoices separately from other late invoices.
6: In this section, late invoice
15: Meaning of identifying information
In this Act, identifying information
a: its legal name:
b: its trading name or names:
c: its registered address:
d: its email address:
e: its New Zealand Business Number:
f: its industry classification (within the meaning of section 170
g: any other information specified by the regulations. Other obligations
16: Application of sections 13 to 20
Sections 13 to 20 section 8
17: Entities must keep certain records for 7 years
1: An entity must keep records of any information it uses to prepare for, and make, a disclosure.
2: The entity must keep the records for 7 years after the end of the relevant disclosure period.
18: Entities must notify Registrar of error or omission
1: This section applies if an entity becomes aware of an error or omission in a disclosure that involves a substantial departure from the requirements of this Act or the regulations relating to that disclosure.
2: The entity must notify the Registrar of the error or omission—
a: in the way required by the Registrar; and
b: as soon as practicable after the entity becomes aware of the error or omission.
3: In this section, substantial departure from the requirements
a: if regulations specify permitted departures, any departure that is greater than an amount or a percentage specified in the regulations (if the requirement is to disclose a figure or percentage):
b: any non-compliance with a requirement (if the requirement is to disclose something other than a figure or percentage).
4: Regulations for the purpose of subsection (3)(a) may specify a different amount or percentage as a permitted departure for each class of things required to be disclosed.
19: Entities must notify Registrar of changes in identifying information
1: This section applies if an entity’s identifying information as recorded on the register changes.
2: The entity must notify the Registrar of the information that has changed—
a: in the way required by the Registrar; and
b: as soon as practicable after that information changes.
20: Entities must notify Registrar when Act ceases to apply
An entity must notify the Registrar as soon as practicable after this Act ceases to apply to it. Business Payment Practices Register
21: Business Payment Practices Register established
1: The Registrar must establish and maintain a register called the Business Payment Practices Register.
2: The register may be kept as an electronic register or in any other form that the Registrar thinks fit.
3: The register must be operated at all times unless—
a: the Registrar suspends the operation of the register, in whole or in part, under subsection (4); or
b: otherwise specified by the regulations.
4: The Registrar may refuse access to the register or otherwise suspend the operation of the register, in whole or in part, if the Registrar considers that it is not practical to provide access to the register.
22: Purpose of register
The purpose of the register is to enable members of the public and entities—
a: to access information about certain business-to-business payment practices of large entities; and
b: to help them make informed choices about whether to engage with those entities.
23: Contents of register
The register must, to the extent that the Registrar has received the information, contain the following information for each entity:
a: its legal name:
b: its trading name or names:
c: its registered address:
d: its New Zealand Business Number:
e: its industry classification (within the meaning of section 170
f: payment practices information disclosed by the entity:
g: if a pecuniary penalty under section 44 section 49 50
h: if this Act no longer applies to the entity and it has notified the Registrar of that fact under section 20
i: any other information specified by the regulations.
24: Search of register
1: A person may search the register under this Act or the regulations.
2: The register may be searched only by reference to the following criteria in relation to an entity:
a: its legal name:
b: its trading name or names:
c: its New Zealand Business Number:
d: its industry classification (within the meaning of section 170
e: any other criteria specified by the regulations.
3: A person may search the register only for the following purposes:
a: a purpose referred to in section 22
b: to advise a person in connection with a purpose referred to in section 22
25: Removing information from register
1: The Registrar must remove payment practices information from the register after the expiry of 7 years after the end of the disclosure period to which the information relates.
2: If no payment practices information for an entity remains on the register after a removal under subsection (1), the Registrar must remove all information about the entity from the register.
3: The Registrar may, despite section 23 Registrar
26: Registrar of Business Payment Practices
1: The chief executive of the Ministry must appoint a Registrar of Business Payment Practices under the Public Service Act 2020
2: The Registrar is an employee of the Ministry, and the appointment may be held separately or in conjunction with any other office in the Ministry.
3: In this section, Ministry
27: Registrar’s functions
The functions of the Registrar are, in accordance with this Act and the regulations, to—
a: establish and maintain the register; and
b: receive information that entities are required to disclose under this Act; and
c: perform or exercise functions and powers conferred on the Registrar relating to matters of compliance and enforcement.
28: Registrar’s power to delegate
1: The Registrar may, either generally or particularly, delegate functions and powers under this Act to any employee of the public service (within the meaning of the Public Service Act 2020
2: A delegation under this section must be in writing.
3: Subject to any general or special directions given or conditions imposed by the Registrar, the person to whom any functions or powers are delegated may perform those functions or exercise those powers in the same manner, subject to the same restrictions, and with the same effect as if it had been conferred on them directly by this Act.
4: A person acting under a delegation must, in the absence of proof to the contrary, be presumed to be acting within the terms of the delegation.
5: A delegation does not affect or prevent the performance of a function or the exercise of a power by the Registrar or affect their responsibility for the actions of the person acting under the delegation.
6: A delegation may be revoked in writing at will.
7: A delegation continues in force until it is revoked.
3: Compliance, enforcement, and offences
Registrar’s compliance and enforcement powers
29: Registrar may monitor and investigate compliance with Act
1: The Registrar may exercise a power described in subsection (3) for any of the following purposes:
a: to ascertain whether information provided to the Registrar is correct:
b: to ascertain whether a person is complying, or has complied, with this Act:
c: to ascertain whether the Registrar should exercise any of the Registrar’s powers under this Act:
d: to detect offences against this Act.
2: However, the Registrar may exercise the power only if they are satisfied that it would be in the public interest to do so.
3: The powers are the following:
a: to require a person, in relation to information provided to the Registrar, to confirm that the information is correct or to correct the information:
b: to require a person to produce for inspection relevant documents within that person’s possession or control:
c: to inspect and take copies of relevant documents:
d: to take possession of relevant documents and retain them for a reasonable period for the purpose of taking copies:
e: to retain relevant documents for a longer period if—
i: the Registrar reasonably believes that the documents are evidence of the commission of an offence; and
ii: the period is reasonable in all of the circumstances:
f: if the Registrar reasonably believes that a person is not complying, or has not complied, with this Act, to require the person to—
i: engage a qualified auditor (within the meaning of section 35
ii: provide the results of that review to the Registrar.
4: When exercising the power described in subsection (3)(a), the Registrar may specify, in relation to the confirmation or correction,—
a: a particular form in which it must be provided; and
b: a date by which it must be provided; and
c: whether it must be verified by the production of original documents or certified copies of original documents or by a statutory declaration.
5: A person must not obstruct or hinder the Registrar while the Registrar is exercising a power conferred by this section.
6: In this section, relevant documents
30: Registrar may issue compliance notice
1: If the Registrar is satisfied that a person has failed to comply with any of the provisions listed in section 36(2) compliance notice
2: A compliance notice must state—
a: the name of the person to whom it is issued; and
b: the reasons why the Registrar issued it; and
c: the steps the person must take—
i: to avoid, remedy, or mitigate any actual or likely adverse effects arising from the non-compliance; or
ii: to ensure that the non-compliance is not continued or repeated; and
d: a reasonable period within which the person must take the required steps; and
e: the consequences of not complying with the notice; and
f: the right of review in section 33
g: the Registrar’s name and address.
31: Service of compliance notice
1: The Registrar must ensure that a compliance notice is served on the person to whom it is issued.
2: Section 41
32: Person must comply with compliance notice
A person to whom a compliance notice is issued must comply with it within the period specified in the notice.
33: Review of compliance notice
1: A person to whom a compliance notice is issued may apply to the Registrar for a review of the notice.
2: The application must state—
a: the reasons why the applicant thinks the notice should be reviewed; and
b: the outcome the applicant is seeking.
3: The application for review must be received by the Registrar no later than 10 working days after the date on which the notice was served.
4: The notice remains in force until the decision on the review is notified to the applicant under section 34
34: How review must be conducted
1: The chief executive of the Ministry must appoint a person, other than the Registrar or a delegate of the Registrar, to conduct a review applied for under section 33 reviewer
2: The reviewer must review the compliance notice on the papers within 20 working days after the date on which the application for review was made.
3: The reviewer may—
a: confirm or vary the compliance notice; or
b: cancel the compliance notice; or
c: cancel the compliance notice and substitute another compliance notice that the reviewer considers appropriate.
4: The reviewer must give the applicant and the Registrar written notice of the reviewer’s decision.
5: The reviewer's decision is final, except as provided in section 35
35: Appeal against review decision
1: An applicant or the Registrar may appeal to the District Court against a decision of the reviewer under section 34(3)
2: The appeal must be lodged within 10 working days after the date on which the notice referred to in section 34(4)
3: On an appeal under subsection (1), the court must inquire into the decision and may—
a: confirm or vary the decision; or
b: set aside the decision; or
c: set aside the decision and substitute another decision that the court considers appropriate. Infringement offences
36: Infringement offences
1: A person that fails to comply with any of the provisions listed in subsection (2) commits an infringement offence and is liable to—
a: an infringement fee of an amount prescribed by the regulations; or
b: a fine imposed by a court that must not exceed an amount prescribed by the regulations.
2: The provisions are the following:
a: section 8
b: sections 11 12
c: section 13(3) and (4)
d: section 17
e: section 18
f: section 19
g: section 20
37: Proceedings for infringement offences
1: A person who is alleged to have committed an infringement offence may—
a: be proceeded against by the filing of a charging document under section 14
b: be issued with an infringement notice under section 38
2: Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a)
3: See section 21
38: When infringement notice may be issued
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.
39: Infringement notice may be revoked before payment made
1: The Registrar may revoke an infringement notice before—
a: the infringement fee is paid; or
b: an order for payment of a fine is made or deemed to be made by a court under section 21
2: The Registrar must take reasonable steps to ensure that the person to whom the notice was issued is made aware of the revocation of the notice.
3: The revocation of an infringement notice before the infringement fee is paid is not a bar to any other enforcement action against the person to whom the notice was issued in respect of the same matter.
40: What infringement notice must contain
An infringement notice must be in the form prescribed by the regulations and must contain the following particulars:
a: details of the alleged infringement offence that fairly inform a person of the time, place (if any), and nature of the alleged offence:
b: the amount of the infringement fee:
c: the address of the Registrar:
d: how the infringement fee may be paid:
e: the time within which the infringement fee must be paid:
f: a summary of the provisions of section 21(10)
g: a statement that the person served with the notice has a right to request a hearing:
h: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:
i: any other matters prescribed in the regulations.
41: How infringement notice may be served
1: An infringement notice may be served on a person that the Registrar believes is committing or has committed the infringement offence by—
a: delivering it to an officer or employee of the person at the person’s head office, principal place of business or work, or registered office, or by bringing it to the officer’s or employee’s notice if that person refuses to accept it; or
b: sending it to the person by prepaid post addressed to the person’s last known place of business or work; or
c: sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand.
2: Unless the contrary is shown,—
a: an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1) is to be treated as having been served on that person on the fifth working day after the date on which it was posted; and
b: an infringement notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first enters an information system that is outside the control of the Registrar.
42: Payment of infringement fees
All infringement fees paid for infringement offences must be paid into a Crown Bank Account.
43: Reminder notices
A reminder notice must be in the form prescribed in the regulations, and must include the same particulars, or substantially the same particulars, as the infringement notice. Pecuniary penalties
44: Pecuniary penalty for contravention of compliance notice or involvement in contravention
1: The High Court may, on the application of the Registrar, order a person to pay to the Crown a pecuniary penalty if the court is satisfied that the person has contravened the requirement in section 32
2: For the purposes of this Part, a person is involved
a: aided, abetted, counselled, or procured any other person to contravene the requirement; or
b: induced any other person, whether by threats or promises or otherwise, to contravene the requirement; or
c: been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by any other person; or
d: conspired with any other person to contravene the requirement.
3: The amount of any pecuniary penalty under subsection (1) must not exceed,—
a: in the case of an individual, $50,000 for each act or omission; and
b: in any other case, $500,000 for each act or omission.
45: Considerations for court
In determining an appropriate penalty under section 44
a: the nature and extent of the contravention or involvement in the contravention; and
b: the circumstances in which the contravention or involvement in the contravention took place; and
c: any previous contraventions or involvement in contraventions of a similar nature; and
d: any other relevant matter.
46: Rules of civil procedure and civil standard of proof apply
A proceeding under section 44
47: Limitation period for proceedings
A proceeding under section 44
48: Relationship between pecuniary penalties and criminal liability
1: Once criminal proceedings against a person for an offence under section 49 50
2: Once civil proceedings against a person for a pecuniary penalty under section 44 section 49 50
3: Any uncompleted proceedings for an order under this Act that a person pay a pecuniary penalty must be stayed if criminal proceedings are started, or have already been started, against the person for the same act or omission, or substantially the same act or omission, in respect of which the pecuniary penalty order is sought. Offences
49: Offence relating to failure to comply with inspection requirements
1: A person commits an offence if they knowingly fail to comply with—
a: a requirement under section 29(3)(a), (b), or (f)
b: section 29(5)
2: A person that commits an offence under this section is liable on conviction to a fine of,—
a: in the case of an individual, $50,000; or
b: in any other case, $500,000.
50: Offence relating to filing false or misleading information
1: A person commits an offence if they—
a: provide, or authorise the provision of, information in a disclosure to the Registrar that the person knows is false or misleading in a material particular; or
b: omit, or authorise the omission of, any matter from a disclosure knowing that the omission makes the disclosure false or misleading in a material particular.
2: A person that commits an offence under this section is liable on conviction to a fine of,—
a: in the case of an individual, $50,000; or
b: in any other case, $500,000.
4: Miscellaneous
51: Exemptions
1: The Minister may exempt by notice a class of entities from all or any of its obligations under this Act.
2: The Minister may grant the exemption only if—
a: they have had regard to—
i: the purpose of this Act and regulations; and
ii: the overall impact that the exemption would have on the effectiveness of, and compliance with, this Act; and
b: they are satisfied that—
i: there is good reason for granting the exemption that outweighs the interests of the public in having the obligation met; and
ii: the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption.
3: The Minister may grant the exemption unconditionally or subject to any conditions that the Minister may prescribe in the notice.
4: A notice made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
52: Regulations
1: The Governor-General may, by Order in Council on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: providing for anything this Act says may or must be provided for by regulations:
b: prescribing fees for infringement offences under this Act, which must not exceed $3,000:
c: prescribing maximum fines for infringement offences under this Act, which must not exceed $9,000:
d: providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
2: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
53: Registrar may specify disclosure periods and disclosure deadlines
1: The Registrar may specify by notice—
a: the timing of the periods for which an entity or a class of entity must make disclosures ( disclosure periods
b: the deadlines by which those disclosures must be made ( disclosure deadlines
2: The length of a disclosure period must be 6 months.
3: A disclosure deadline must not be earlier than 1 month after the expiry of the relevant disclosure period.
4: A notice made under this section is secondary legislation (see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
5: Amendments to other Acts
Amendment to Summary Proceedings Act 1957
54: Principal Act
Section 55 Summary Proceedings Act 1957 2024-05-26 Summary Proceedings Act 1957
55: Section 2 amended (Interpretation)
In section 2(1) infringement notice
jj: section 38 of the Business Payment Practices Act 2023 Amendment to Tax Administration Act 1994
56: Principal Act
Section 57 Tax Administration Act 1994 2023-07-27 Tax Administration Act 1994
57: Schedule 7 amended
In Schedule 7, Part C, after clause 25
25B: Business, Innovation, and Employment: Registrar of Business Payment Practices
Section 18
a: establishing and maintaining the register under the Business Payment Practices Act 2023
b: monitoring compliance with the requirements of that Act (under which certain entities must disclose their payment practices information). Amendments to Financial Reporting Act 2013
58: Principal Act
Sections 59 60 Financial Reporting Act 2013 2024-05-26 Financial Reporting Act 2013
59: Section 48 amended (Minister must regularly review amounts to take into account inflation)
In section 48(1)(a) sections 45 and 46 of this Act, section 10 of the Business Payment Practices Act 2023
60: Section 49 amended (Order may amend amounts)
After section 49(1)(c)
caa: amending the amount specified in section 10 of the Business Payment Practices Act 2023 |
LMS761127 | 2023 | Worker Protection (Migrant and Other Employees) Act 2023 | 1: Title
This Act is the Worker Protection (Migrant and Other Employees) Act 2023.
2: Commencement
This Act comes into force on the day that is 6 months after the date of Royal assent.
1: Amendments to Immigration Act 2009
3: Principal Act
This Part amends the Immigration Act 2009 2024-01-06 Immigration Act 2009
4: New section 275A and cross-heading inserted
After section 275 Power to access employment documents
275A: Power to access employment documents
1: An immigration officer may exercise the power in subsection (2) for the following purposes:
a: determining whether a supporting employer is employing (or has employed) a supported employee in accordance with the work-related conditions of the supported employee’s visa:
b: determining whether a supporting employer is complying (or has complied) with the supporting employer’s obligations (which, to avoid doubt, include the obligation not to commit an offence) under this Act.
2: An immigration officer may require a supporting employer to supply a document (or a copy of it) that is—
a: a wages and time record, or leave record kept in accordance with the provisions of any Act; or
b: any other document relating to the remuneration or employment conditions of a supported employee (for example, an employment agreement).
3: A supporting employer must comply with the requirement immediately after receiving it, or, if that is not practicable, within 10 working days of the date on which the requirement is received.
4: A supporting employer is not excused from complying with the requirement on the ground that complying might tend to incriminate them or expose them to a penalty.
5: In this section, supporting employer supported employee
a: a person who was required by immigration instructions to have an offer of employment to be granted a visa and had an offer from that employer; or
b: a person who has work-related conditions of their visa specifying that they may only work for that employer.
6: If an immigration officer obtains information from a supporting employer under this section, the immigration officer and the Department must not use that information for the purpose of taking adverse action under this Act against any person other than the supporting employer or another supporting employer.
5: New sections 294AAA and 294AAB inserted
After the cross-heading above section 294
294AAA: Obligation of immigration officer and Department not to disclose information
An immigration officer who is provided with a document (or a copy of a document) under section 275A
a: in accordance with section 294AAB
b: for the purposes of one of the following Acts:
i: this Act:
ii: the Employment Relations Act 2000
iii: the Equal Pay Act 1972
iv: the Holidays Act 2003
v: the Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016
vi: the Minimum Wage Act 1983
vii: the Parental Leave and Employment Protection Act 1987
viii: the Support Workers (Pay Equity) Settlements Act 2017
ix: the Volunteers Employment Protection Act 1973
x: the Wages Protection Act 1983 2000 No 24 s 233A
294AAB: Information sharing
1: An immigration officer and the Department may provide to a regulatory agency any information, or a copy of any document, described in section 294AAA
2: A regulatory agency may provide an immigration officer or the Department with any information, or a copy of any document, that the regulatory agency—
a: holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to any enactment; and
b: considers may assist the officer or the Department in the performance or exercise of the officer’s or the Department’s functions, duties, or powers under or in relation to this Act.
3: An immigration officer who or the Department that provides information or a copy of a document under this section may impose conditions relating to the provision of the information, including conditions relating to—
a: the storage and use of, or access to, anything provided:
b: the copying, returning, or disposing of any documents provided.
4: This section applies subject to any other enactment, including the Privacy Act 2020
5: This section overrides provisions in contracts, deeds, and other documents that are inconsistent with this section.
6: In this section, regulatory agency
a: the department responsible for compliance and enforcement under the Residential Tenancies Act 1986
b: the Inland Revenue Department:
c: a Labour Inspector under the Employment Relations Act 2000
d: the New Zealand Police:
e: the Registrar of Companies:
f: WorkSafe New Zealand and any agency designated under section 191 of the Health and Safety at Work Act 2015
g: any other department of State, person, or organisation defined in regulations as a regulatory agency for the purposes of this section. 2000 No 24 s 233B
6: Section 350 amended (Offences by employers)
1: Replace section 350(1)
1: Every employer commits an offence against this Act who allows, or continues to allow, any person to work in that employer’s service, knowing that the person is not entitled under this Act to do that work.
2: In section 350(2) (a)
3: Repeal section 350(3) and (4)
7: Sections 359 and 360 and cross-heading replaced
Replace sections 359 360 Infringement offences
359: Interpretation
In this Act,— commercial craft infringement offence
a: an offence against section 349(1) or (2)(a)
b: an offence prescribed as a commercial craft infringement offence for the purposes of this Act by regulations made under section 400 employment infringement offence
a: an offence described in section 359A
b: an offence prescribed as an employment infringement offence for the purposes of this Act by regulations made under section 400 infringement fee
a: specified in section 359A(2)
b: set in regulations made under section 400
c: set in regulations made under section 400 infringement offence
359A: Employment infringement offence
1: An employer must not—
a: allow a person who is not entitled under this Act to work in the employer’s service to do that work:
b: employ a person in a manner that is inconsistent with a work-related condition of that person’s visa:
c: fail to comply with a requirement made under section 275A
2: A person who contravenes subsection (1)(a) or (b) commits an infringement offence and is liable to,—
a: in the case of an employer who is an individual,—
i: an infringement fee of $1,000 for each employee in respect of whom an employment infringement offence is being, or has been, committed; or
ii: a fine imposed by a court not exceeding double the amount of the total infringement fees payable:
b: in the case of an employer that is a body corporate or another entity,—
i: $3,000 for each employee in respect of whom an employment infringement offence is being, or was, committed; or
ii: a fine imposed by a court not exceeding double the total amount of the infringement fees payable.
3: A person who contravenes subsection (1)(c) commits an infringement offence and is liable to—
a: an infringement fee of $1,000; or
b: a fine imposed by a court not exceeding $2,000.
360: Infringement offences
1: A person who is alleged to have committed an infringement offence may—
a: be proceeded against by the filing of a charging document under section 14 of the Criminal Procedure Act 2011
b: be issued with an infringement notice under section 362
2: Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or a Registrar under section 21(1)(a) of the Summary Proceedings Act 1957
3: See section 21 of the Summary Proceedings Act 1957
8: Section 361 amended (Immigration officer may require information)
1: In section 361 infringement notice for a commercial craft infringement offence
2: In section 361
2: When considering whether to issue an infringement notice for an employment infringement offence, an immigration officer may require the employer to provide all or any of the following information:
a: if the employer is an individual, the employer’s—
i: full name:
ii: date of birth:
iii: full residential and postal address:
iv: title or position:
b: if the employer is a body corporate or another entity, the employer’s—
i: legal name:
ii: business starting or registration date:
iii: address for service.
9: Sections 362 to 365A replaced
Replace sections 362 to 365A
362: When infringement notice may be issued
An immigration officer may issue an infringement notice to a person if the officer believes on reasonable grounds that the person is committing, or has committed, an infringement offence.
362A: What infringement notice must contain
An infringement notice must be in the form prescribed in regulations made under section 400
a: details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee:
c: the address of the Department:
d: how the infringement fee may be paid:
e: the time within which the infringement fee must be paid:
f: a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957
g: a statement that the person served with the notice has a right to request a hearing:
h: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:
i: any other matters prescribed in regulations made under section 400
363: Reminder notices
A reminder notice must be in the form prescribed in regulations made under section 400
364: Payment of infringement fees
All infringement fees paid for infringement offences must be paid to the chief executive, and the chief executive must pay all infringement fees received into a Crown Bank Account.
364A: Maximum fees for infringement offences
1: An infringement fee prescribed under this Act for a commercial craft infringement offence may not exceed,—
a: in the case of a person in charge of a craft, $2,500; and
b: in the case of a carrier of a craft, $5,000.
2: An infringement fee prescribed under this Act for an employment infringement offence may not exceed,—
a: in the case of an employer who is an individual, an infringement fee of $1,000 for each employee in respect of whom an employment infringement offence is being, or has been, committed; or
b: in the case of an employer that is a body corporate or another entity, $3,000 for each employee in respect of whom an employment infringement offence is being, or was, committed.
364B: Infringement fine for prescribed employment infringement offences
The maximum fine that can be imposed by the court in relation to an employment infringement offence prescribed in regulations is double the amount of the infringement fee.
365: Revocation of infringement notice before payment made
1: An immigration officer may, by written notice served on the person to whom an infringement notice was issued, revoke the infringement notice before—
a: the infringement fee is paid; or
b: an order for payment of a fine is made or deemed to be made by a court under section 21 of the Summary Proceedings Act 1957
2: The revocation of an infringement notice before the infringement fee is paid is not a bar to any other enforcement action against the person to whom the notice was issued in respect of the same matter.
365A: How infringement notice may be served: carriers, and persons in charge, of craft
1: This section applies to infringement notices, reminder notices, and revocation notices relating to commercial craft infringement offences.
2: A notice may be served on the carrier, or person in charge, of a craft who the immigration officer believes is committing or has committed an infringement offence by—
a: sending the notice to the electronic address for service of the recipient, in which case it is deemed to be received by the recipient on the date on which it was sent; or
b: personal service on the recipient; or
c: sending it by registered post to the recipient’s last known place of residence or business, in which case it is deemed to be received by the recipient on the date on which it was posted.
3: Subsection (2) applies despite anything in section 24 of the Summary Proceedings Act 1957
a: if service is effected in accordance with subsection (2), the recipient is deemed to have consented to service in that way (despite sections 220 and 224(1)(b) of the Contract and Commercial Law Act 2017
b: in any case, for the purpose of sections 387 and 389 of the Companies Act 1993
365B: How infringement notice may be served: employers
1: This section applies to infringement notices, reminder notices, and revocation notices relating to employment infringement offences.
2: A notice may be served on a person who the immigration officer believes is committing or has committed an infringement offence by—
a: delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or
b: leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or
c: leaving it for the person at the person’s place of business or work with another person; or
d: sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work; or
e: sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand.
3: Unless the contrary is shown,—
a: a notice (or a copy of it) sent by prepaid post to a person under subsection (2)(d) is to be treated as having been served on that person on the fifth working day after the date on which it was posted; and
b: a notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first entered an information system that is outside the control of the Department.
10: New section 383A inserted (Publication of names and information in respect of immigration offences)
After section 383
383A: Publication of names and information in respect of immigration offences
1: The chief executive may, in order to promote the objects of this Act, publish the information specified in subsection (2) in relation to an employer who has been—
a: convicted of an offence against this Act; or
b: issued with an infringement notice in respect of an infringement offence against this Act.
2: The information that may be published is the following:
a: the name of the employer:
b: the employer’s trading name (if any):
c: the fact that the employer has been convicted of an offence against this Act, or issued with an infringement notice in respect of an offence against this Act (as applicable):
d: a reference number for the conviction or infringement notice:
e: a description of any restrictions imposed on the employer as a consequence of being convicted or being issued with the infringement notice:
f: the period during which those restrictions apply.
3: However, despite subsections (1) and (2), information that relates to an employer having been issued with an infringement notice may not be published under this section until at least 28 days after the date on which the infringement notice was issued.
11: Section 388 amended (Designation of immigration officers)
In section 388(3)(c) the powers under sections 279, the powers under sections 275A, 279,
12: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in Schedule 1
b: make all necessary consequential amendments. Consequential amendments to principal Act
13: Consequential amendments to principal Act
Amend the principal Act as set out in Schedule 2 Consequential amendment to Summary Proceedings Act 1957
14: Principal Act
Section 15 Summary Proceedings Act 1957 2024-01-06 Summary Proceedings Act 1957
15: Section 2 amended (Interpretation)
In section 2(1) infringement notice
ji: section 362 of the Immigration Act 2009
2: Amendments to Employment Relations Act 2000
16: Principal Act
This Part amends the Employment Relations Act 2000 2024-01-06 Employment Relations Act 2000
17: Section 229 amended (Powers of Labour Inspectors)
1: Replace section 229(2)
2: An employer must comply with a requirement under subsection (1)(c) while the Labour Inspector is with the employer, or, if that is not practicable, within 10 working days.
2A: An employer must comply with a requirement under subsection (1)(d) immediately after receiving it, or, if that is not practicable, within 10 working days of the date on which the requirement is received.
2: In section 229(3) subsection (1)(c) or subsection (1)(d) subsection (1)(c) or (d) within the period required by subsection (2) or (2A)
3: In section 229(5) on examination or enquiry during an interview or in answer to a question
18: Section 233A amended (Obligation of Labour Inspector and department not to disclose information)
In section 233A(1) section 223(1) or the Immigration Act 2009
19: Section 235A amended (Interpretation)
1: In section 235A infringement offence
2: In section 235A 235F,— infringement fee section 235E infringement offence
3: In section 235A infringement offence
c: a failure by an employer to comply with a requirement made under section 229(1)(d)
20: Section 235B amended (Infringement offences)
1: Replace section 235B(1)(b)
b: be issued with an infringement notice under section 235C
2: In section 235B(2) require do not require
3: After section 235B(2)
3: See section 21 of the Summary Proceedings Act 1957
21: Sections 235C to 235E replaced
Replace sections 235C to 235E
235C: When infringement notice may be issued
A Labour Inspector may issue an infringement notice to a person if the Labour Inspector believes on reasonable grounds that the person is committing, or has committed, an infringement offence.
235D: Revocation of infringement notice before payment made
1: A Labour Inspector may revoke an infringement notice before—
a: the infringement fee is paid; or
b: an order for payment of a fine is made or deemed to be made by a court under section 21 of the Summary Proceedings Act 1957
2: The Labour Inspector must take reasonable steps to ensure that the person to whom the notice was issued is made aware of the revocation of the notice.
3: The revocation of an infringement notice before the infringement fee is paid is not a bar to any other enforcement action against the person to whom the notice was issued in respect of the same matter.
235DA: What infringement notice must contain
An infringement notice must be in the form prescribed in regulations made under section 237
a: details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee:
c: the address of the department:
d: how the infringement fee may be paid:
e: the time within which the infringement fee must be paid:
f: a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957
g: a statement that the person served with the notice has a right to request a hearing:
h: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:
i: any other matters prescribed in the regulations.
235DB: How infringement notice may be served
1: An infringement notice may be served on a person who the Labour Inspector believes is committing or has committed an infringement offence by—
a: delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or
b: leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or
c: leaving it for the person at the person’s place of business or work with another person; or
d: sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work; or
e: sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand.
2: Unless the contrary is shown,—
a: an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1) is to be treated as having been served on that person on the fifth working day after the date on which it was posted; and
b: an infringement notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first entered an information system that is outside the control of the department.
235DC: Reminder notices
A reminder notice must be in the form prescribed in regulations made under section 237
235E: Infringement fees
1: The infringement fee,—
a: for an infringement offence specified in paragraph (a) or (c) of the definition of that term in section 235A
b: for an infringement offence prescribed by regulations under paragraph (b) of the definition of that term in section 235A
2: However, the maximum aggregate infringement fees that an employer is liable to pay in a 3-month period for infringement offences specified in paragraph (a) or (b) of the definition of infringement offence in section 235A
235EA: Infringement fine
The maximum fine that can be imposed by the court in relation to an infringement offence is double the amount of the infringement fee.
22: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in Schedule 3
b: make all necessary consequential amendments.
3: Amendment to Companies Act 1993
23: Principal Act
This Part amends the Companies Act 1993 2024-01-06 Companies Act 1993
24: Section 383 amended (Court may disqualify directors)
After section 383(1)(bb)
bc: a person has been convicted of an offence under section 351 of the Immigration Act 2009
bd: a person has been convicted of an offence under section 98D of the Crimes Act 1961 |
LMS784597 | 2023 | Accident Compensation (Access Reporting and Other Matters) Amendment Act 2023 | 1: Title
This Act is the Accident Compensation (Access Reporting and Other Matters) Amendment Act 2023.
2: Commencement
1: Section 9
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Accident Compensation Act 2001 2023-09-06 Accident Compensation Act 2001 Section 9 comes into force 3 months after the date of royal assent. See section 2(1). 2023-06-07 Accident Compensation Act 2001
1: Access reporting
4: Section 3 amended (Purpose)
After section 3(b)
ba: ensuring that the Corporation monitors access to the accident compensation scheme by Māori and identified population groups in order to deliver services under this Act in a manner that supports access to the scheme by injured Māori and injured persons in those population groups:
5: Section 6 amended (Interpretation)
In section 6(1) identified population group section 278B
6: Section 262 amended (Functions of Corporation)
After section 262(1)(b)
ba: monitor access to the accident compensation scheme by Māori and identified population groups to identify how to improve delivery of services under this Act to injured Māori and injured persons in those population groups; and
7: New section 278B inserted (Corporation to report in each financial year on access to accident compensation scheme by Māori and identified population groups)
After section 278A
278B: Corporation to report in each financial year on access to accident compensation scheme by Māori and identified population groups
1: The Corporation must, in each financial year, prepare a report concerning access to the accident compensation scheme by Māori and identified population groups.
2: The report must provide analysis of—
a: the level of access to the accident compensation scheme in that financial year by Māori and identified population groups; and
b: any disparities the Corporation identifies in access to the accident compensation scheme that affect Māori or any identified population group; and
c: any barriers the Corporation identifies that affect access to the accident compensation scheme by Māori or any identified population group; and
d: the causes of, or factors contributing to, those disparities and barriers, as identified by the Corporation.
3: The Corporation must provide the report to the Minister as soon as practicable after the end of each financial year.
4: The Minister must present the report to the House of Representatives as soon as practicable after receiving it.
2: Transitional and other matters
8: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in the Schedule
b: make all necessary consequential amendments.
9: Schedule 1 amended
1: In Schedule 1 5 weeks 1 week
2: In Schedule 1 5-week period first week of incapacity |
LMS737420 | 2023 | Self-contained Motor Vehicles Legislation Act 2023 | 1: Title
This Act is the Self-contained Motor Vehicles Legislation Act 2023.
2: Commencement
1: The following provisions of this Act come into force on the day after Royal assent:
a: Part 1
i: section 10(4) of the Freedom Camping Act 2011 (as inserted by section 10
ii: section 15(2) of the Freedom Camping Act 2011 (as inserted by section 14(3)
iii: section 19A(2) of the Freedom Camping Act 2011 (as inserted by section 17
iv: sections 20(1)(c), 20A(b), and 20B(c) of the Freedom Camping Act 2011 (as inserted by section 18
b: sections 52 53
c: subpart 2
2: The rest of this Act comes into force—
a: on a date or dates set by Order in Council; or
b: to the extent not commenced earlier, 6 months after Royal assent. 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 2(2)(a) brought into force 13 July 2023 clause 2 Self-contained Motor Vehicles Legislation Act 2023 Commencement Order 2023
1: Amendments to Freedom Camping Act 2011
3: Principal Act
This Part amends the Freedom Camping Act 2011 2023-06-07 Freedom Camping Act 2011 See section 2(1)(a): Part 1 except for section 10(4) of the Freedom Camping Act 2011 (as inserted by section 10 of this Act): (ii) section 15(2) of the Freedom Camping Act 2011 (as inserted by section 14(3) of this Act): (iii) section 19A(2) of the Freedom Camping Act 2011 (as inserted by section 17 of this Act): (iv) sections 20(1((c), 20A(b), and 20B(c) of the Freedom Camping Act 2011 (as inserted by section 18 of this Act): OIC SL 2023/135 2023-07-13 Freedom Camping Act 2011 Remainder of Part 1 brought into force by OIC, ie s 10 as it relates to new section 10(4) of the Freedom Camping Act 2011; s 14(3) as it relates to new section 15(2) of the FCA 2011; s 17 as it relates to new section 19A(2) of FCA 2011; s 18 as it relates to new sections 20(1)(c), 20A(b), and 20B(c) of FCA 2011. See s 2(2).
1: Amendments to Part 1
4: Section 3 amended (Outline of Act)
1: Replace section 3(2)
2: This Act regulates freedom camping on the following land:
a: land controlled or managed by local authorities, including, in certain circumstances, land controlled or managed by the New Zealand Transport Agency under the Government Roading Powers Act 1989, the Land Transport Management Act 2003, the Public Works Act 1981, or the Railways Act 2005:
b: land controlled or managed by the Department of Conservation under the Conservation Act 1987, the National Parks Act 1980, the Reserves Act 1977, or the Wildlife Act 1953:
c: land managed or controlled by LINZ on behalf of the Crown under the Crown Pastoral Land Act 1998, the Land Act 1948, the Marine and Coastal Area (Takutai Moana) Act 2011, the New Zealand Railways Corporation Act 1981, or the Public Works Act 1981.
2: In section 3(3) or on all land controlled or managed by the Department
3: Replace section 3(6)
6: Part 2 has 3 subparts, which deal with the following matters:
a: subpart 1: freedom camping on land under the control of local authorities, as specified in subsection (2)(a):
b: subpart 2: freedom camping on land under the control of the Department of Conservation, as specified in subsection (2)(b):
c: subpart 3
6A: In Part 2,—
a: subparts 1 and 2 permit freedom camping unless it is restricted or prohibited in accordance with the provisions of each subpart; and
b: subpart 3
5: Section 4 amended (Interpretation)
1: In section 4 certificate of self-containment section 87U chief executive commissioner Crown land Act Crown land Acts
a: the Crown Pastoral Land Act 1998:
b: the Land Act 1948:
c: the Marine and Coastal Area (Takutai Moana) Act 2011:
d: the New Zealand Railways Corporation Act 1981:
e: the Public Works Act 1981 infringement fee LINZ LINZ land section 8 Minister
a: for the purposes of sections 43(1) and 45A clause 3(1) of Schedule 1AA
i: the Minister of Tourism; or
ii: the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of those provisions:
b: for the purposes of any other provision in this Act,—
i: the Minister of Conservation and the Minister of Local Government; or
ii: the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act (other than the provisions specified in paragraph (a) motor vehicle
a: a motor vehicle within the meaning of section 2(1) of the Land Transport Act 1998:
b: a unit used for camping that is not itself a vehicle but is capable of being—
i: transported by means of being loaded onto a vehicle; and
ii: used for camping whether or not it is loaded onto a vehicle New Zealand Transport Agency NZTA NZTA land section 6A owner owned rental company self-contained section 87U(3)(d) see subpart 1 of Part 1 of Schedule 1AA transport Act transport Acts
a: the Government Roading Powers Act 1989:
b: the Land Transport Act 1998:
c: the Land Transport Management Act 2003:
d: the Local Government Act 1974:
e: the Public Works Act 1981:
f: the Railways Act 2005 vehicle warrant card section 87X(1)(b) waste receptacle
2: In section 4 freedom camping notice notice
3: In section 4 enforcement officer section 32 or 33 section 32, 33, or 33A
4: In section 4 infringement offence specified in section 20(1) against section 20, 20A, 20B, or 20C
6: Section 5 amended (Meaning of freedom camp)
1: Replace section 5(1)
1: In this Act, freedom camp
a: a tent or other temporary structure:
b: a motor vehicle.
2: In section 5(2)(c) caravan or
3: After section 5(2)
2A: In this Act, a person is not freedom camping
a: is a person other than a person who is in New Zealand on the basis of a visitor visa (within the meaning of the immigration instructions); and
b: is unable to live in appropriate residential accommodation; and
c: as a consequence of that inability, is living in either or both of the following:
i: a tent or other temporary structure:
ii: a motor vehicle.
4: In section 5(3) subsection (1) this section
5: In section 5(3) camping ground ; and ; or
6: In section 5(3) immigration instructions residential accommodation
7: Section 6 amended (Meaning of local authority area)
1: Replace section 6(1)(a)
a: means an area of land—
i: that is within the district or region of a local authority; and
ii: that is—
A: controlled or managed by or on behalf of the local authority under any enactment; or
B: an area of NZTA land declared to be a local authority area in accordance with a bylaw made under section 10A
2: Replace section 6(2)(a)
a: means an area of land within Auckland that is—
i: controlled or managed by the Auckland Council under any enactment; or
ii: controlled or managed by Auckland Transport; or
iii: an area of NZTA land declared to be a local authority area in accordance with a bylaw made under section 10A
8: New section 6A inserted (Meaning of NZTA land)
After section 6
6A: Meaning of NZTA land
In this Act, NZTA land
a: means an area of land that is controlled or managed by the New Zealand Transport Agency under a transport Act; and
b: includes any part of an area of land referred to in paragraph (a)
c: does not include an area of land referred to in paragraph (a) or (b)
9: Sections 8 and 9 replaced
Replace sections 8 9
8: Meaning of LINZ land
In this Act, LINZ land
a: means an area of land that is controlled or managed by LINZ under a Crown land Act; and
b: includes any part of an area of land referred to in paragraph (a)
c: does not include an area of land referred to in paragraph (a) or (b)
9: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
9A: Act binds the Crown
This Act binds the Crown.
2: Amendments to Part 2
10: Section 10 replaced (Where freedom camping permitted)
Replace section 10
10: Where freedom camping in local authority area permitted
1: Freedom camping is permitted in any local authority area, unless it is restricted or prohibited in that area as specified in subsection (3), if—
a: a tent or other temporary structure is used; or
b: a self-contained motor vehicle is used.
2: Freedom camping using a motor vehicle that is not self-contained is permitted in a local authority area only if it is permitted in that area—
a: in accordance with a bylaw made under section 11A
b: under any other legislation.
3: Freedom camping may be restricted or prohibited in a local authority area—
a: by a bylaw made under section 11; or
b: in the case of a self-contained motor vehicle, by the limit placed on the maximum number of people for which the vehicle is certified; or
c: under any other legislation.
4: A person must display a warrant card in a motor vehicle if the person is using the motor vehicle to freedom camp in a local authority area, other than a local authority area defined in a bylaw made under section 11A
5: See subpart 3 of Part 1 of Schedule 1AA
10A: Bylaws declaring NZTA land to be local authority area
1: A local authority may make bylaws declaring any area of NZTA land in its district or region to be a local authority area for the purposes of this Act.
2: A local authority may make a bylaw under subsection (1) only if it is satisfied that—
a: the bylaw is necessary for 1 or more of the following purposes:
i: to protect the area:
ii: to protect the health and safety of people who may visit the area:
iii: to protect access to the area; and
b: the bylaw is the most appropriate and proportionate way of addressing the perceived problem in relation to that area; and
c: the bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990.
3: A local authority must not make a bylaw under subsection (1) without the written consent of the chief executive of the NZTA.
11: Section 11 amended (Freedom camping bylaws)
Replace section 11(3) to (7)
3: A local authority must obtain the written consent of the NZTA before making a bylaw under subsection (1) that applies to an area of NZTA land that has been declared, by a bylaw made under section 10A
12: New sections 11A and 11B inserted
After section 11
11A: Bylaws permitting freedom camping in motor vehicles that are not self-contained
1: A local authority may make bylaws defining—
a: the local authority areas, if any, in its district or region where freedom camping in a motor vehicle that is not self-contained is permitted; and
b: the restrictions and conditions, if any, that apply to freedom camping in those areas.
2: The local authority must obtain the written consent of the NZTA before making a bylaw under subsection (1) that applies to an area of NZTA land that has been declared, by a bylaw made under section 10A
11B: Requirements relating to bylaws made under sections 10A to 11A
1: A bylaw made under section 10A, 11A
a: by a map:
b: by a description of its locality (other than just its legal description).
2: However, where a bylaw contains both a map and a description and there is an inconsistency between the map and the description, the description prevails.
3: The local authority must use the special consultative procedure set out in section 83 of the Local Government Act 2002 (as modified by section 86 of that Act) when—
a: making a bylaw under section 10A, 11A
b: amending a bylaw made under any of those sections; or
c: revoking a bylaw made under any of those sections.
4: Despite subsection (3)(b), a local authority may, by resolution publicly notified, make minor changes to, or correct errors in, a bylaw made under section 10A 11A
a: an existing right, interest, title, immunity, or duty of any person to whom the bylaw applies; or
b: an existing status or capacity of any person to whom the bylaw applies.
5: In this section,— affected area
a: in the case of a bylaw made under section 10A
b: in the case of a bylaw made under section 11, an area where freedom camping is restricted or prohibited:
c: in the case of a bylaw made under section 11A publicly notified
13: Section 13 amended (Review of bylaws)
1: In section 13(1) and (2) section 11 section 10A, 11A
2: In section 13(3) bylaw bylaw made by it under section 11 and
3: In section 13(4)(a) section 11(5) section 11B(3)
14: Section 15 amended (Where freedom camping permitted)
1: Replace the heading to section 15 Where freedom camping on conservation land permitted
2: In section 15(b) freedom camping
3: In section 15
2: A person must display a warrant card in a motor vehicle if the person is using the motor vehicle to freedom camp on conservation land on which freedom camping in a motor vehicle is restricted to self-contained motor vehicles.
15: Section 17 amended (Freedom camping notices)
Replace the heading to section 17 Notices restricting or prohibiting freedom camping on conservation land
16: Section 18 amended (Public notification of freedom camping notices)
1: Replace the heading to section 18 Public notification of notices restricting or prohibiting freedom camping on conservation land
2: In section 18(1) and (2) freedom camping notice notice published under section 17
17: New subpart 3 of Part 2 inserted
After section 19
3: Freedom camping on LINZ land
19A: Where freedom camping on LINZ land permitted
1: Freedom camping is not permitted on LINZ land except in accordance with a notice made under section 19B
2: A person must display a warrant card in a motor vehicle if the person is using the motor vehicle to freedom camp on LINZ land on which freedom camping in a motor vehicle is permitted on the condition that the motor vehicle is self-contained.
19B: Notices permitting freedom camping on LINZ land
1: Subsection (2) applies to LINZ land that is controlled or managed under either or both of the following Acts:
a: the Crown Pastoral Land Act 1998:
b: the Land Act 1948.
2: The commissioner may, by notice published in accordance with section 19D
3: Subsection (4) applies to LINZ land that is controlled or managed under 1 or more of the following Acts:
a: the Marine and Coastal Area (Takutai Moana) Act 2011:
b: the Public Works Act 1981:
c: the New Zealand Railways Corporation Act 1981.
4: The chief executive may, by notice published in accordance with section 19D
5: A notice published under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
19C: Commissioner and chief executive must consult before making notice
1: Before making a notice under section 19B(2)
2: Before making a notice under section 19B(4)
3: The requirements in subsections (1) and (2) do not apply to an area of LINZ land described in Schedule 3
a: any restriction or condition in a notice made under section 19B
b: a notice applying to the area of LINZ land has not previously been made under section 19B(2) or (4)
19D: Requirements relating to notices published under section 19B
1: This section applies to any notice published under section 19B
2: A notice may not permit freedom camping on any LINZ land that is held by a person under a lease or licence granted to the person by the Crown.
3: A notice must specify any restrictions and conditions that apply.
4: Sections 17(3)(a) and (c) and (4) and 18 apply with any necessary modifications, including the following:
a: in section 18(1)(b)(ii), the reference to the Director-General must be read as a reference to the chief executive or the commissioner, as applicable:
b: in section 18(2)(c) and (3), the references to the Department must be read as references to LINZ.
3: Amendments to Part 3
18: Section 20 replaced (Offences)
Replace section 20 Infringement offences
20: Infringement offences relating to local authority areas
1: A person commits an infringement offence if the person—
a: freedom camps in a local authority area in breach of any prohibition or restriction specified in a bylaw made under section 11 or 11A
b: freedom camps in a local authority area, other than a local authority area defined in a bylaw made under section 11A
c: fails to display a warrant card in a motor vehicle that the person is using to freedom camp in a local authority area, other than a local authority area defined in a bylaw made under section 11A
d: freedom camps in a local authority area in a self-contained motor vehicle with more people than the vehicle is certified for; or
e: while freedom camping in a local authority area,—
i: interferes with or damages the area, its flora or fauna, or any structure in the area; or
ii: deposits waste in or on the area (other than into an appropriate waste receptacle); or
f: makes preparations to freedom camp in a local authority area in breach of any prohibition or restriction specified in a bylaw made under section 11 or 11A
g: makes preparations to freedom camp in a local authority area, other than a local authority area defined in a bylaw made under section 11A
h: makes preparations to freedom camp in a local authority area in a self-contained motor vehicle with more people than the vehicle is certified for; or
i: fails or refuses to leave a local authority area when required to do so by an enforcement officer acting under section 36.
2: In this section and in sections 20A and 20B make preparations
a: erect a tent to use it for freedom camping:
b: park a motor vehicle to use it for freedom camping.
20A: Infringement offences relating to conservation land
A person commits an infringement offence if the person—
a: freedom camps on conservation land in breach of any prohibition or restriction specified in a notice made under section 17 that applies to the land; or
b: fails to display a warrant card in a motor vehicle that the person is using to freedom camp on conservation land on which freedom camping is restricted to self-contained motor vehicles; or
c: while freedom camping on conservation land,—
i: interferes with or damages the land, its flora or fauna, or any structure on the land; or
ii: deposits waste in or on the land (other than into an appropriate waste receptacle); or
d: makes preparations to freedom camp on conservation land in breach of any prohibition or restriction specified in a notice made under section 17 that applies to the land; or
e: fails or refuses to leave conservation land when required to do so by an enforcement officer acting under section 36.
20B: Infringement offences relating to LINZ land
A person commits an infringement offence if the person—
a: freedom camps on LINZ land, except to the extent that freedom camping is permitted on the land in accordance with a notice made under section 19B
b: freedom camps on LINZ land in breach of any restriction or condition specified in a notice made under section 19B
c: fails to display a warrant card in a motor vehicle that the person is using to freedom camp on LINZ land on which freedom camping in a motor vehicle is permitted on the condition that the motor vehicle is self-contained; or
d: while freedom camping on LINZ land,—
i: interferes with or damages the land, its flora or fauna, or any structure on the land; or
ii: deposits waste in or on the land (other than into an appropriate waste receptacle); or
e: makes preparations to freedom camp on LINZ land, except where freedom camping is permitted on the land in accordance with a notice made under section 19B
f: makes preparations to freedom camp on LINZ land in breach of any restriction or condition in a notice made under section 19B
g: fails or refuses to leave LINZ land when required to do so by an enforcement officer acting under section 36.
20C: Other infringement offences
A person commits an infringement offence if the person—
a: displays in a motor vehicle an altered or a fraudulent warrant card; or
b: presents an altered or a fraudulent certificate of self-containment to an enforcement officer acting under this Act; or
c: refuses to give information when required to do so by an enforcement officer under section 35, or gives false or misleading information.
20D: Strict liability offences
In prosecuting an infringement offence, the prosecution does not need to prove that the defendant—
a: intentionally or recklessly committed the offence; or
b: knew that the offence occurred in, or in relation to, a local authority area, conservation land, or LINZ land.
20E: Penalties for infringement offences
A person who commits an infringement offence is liable to—
a: an infringement fee not exceeding $1,000 that is prescribed by regulations made under section 43; or
b: if no regulations have been made under section 43 prescribing infringement fees, an infringement fee of $400; or
c: a fine imposed by a court not exceeding $3,000 or any lesser or equal amount prescribed by the regulations. Other offences
20F: Offence to discharge certain substances
1: A person commits an offence if the person discharges a substance in or on a local authority area, conservation land, or LINZ land in circumstances where the discharge of the substance is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it—
a: has, or is likely to have, a significant adverse effect on the environment; or
b: has caused, or is likely to cause, significant concern to—
i: residents living on or near the area or land; or
ii: other users of the area or land.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $10,000.
20G: Offence to interfere with enforcement officer
1: A person commits an offence if, while an enforcement officer is carrying out the officer’s functions and duties under this Act, the person—
a: intentionally prevents the officer from carrying out those functions and duties; or
b: obstructs or impedes the officer; or
c: assaults, threatens, or intimidates the officer; or
d: uses language that is abusive or threatening to the officer; or
e: behaves in a threatening manner towards the officer.
2: A person who incites any other person to do any act referred to in subsection (1) commits an offence.
3: A person who commits an offence against subsection (1) or (2) is liable on conviction to a fine not exceeding $5,000. Defences to offences
19: Section 21 repealed (Strict liability offences)
Repeal section 21
20: Section 22 amended (Defences to offences)
In section 22(3) section 20(1)(b)(ii), (d), (h)(ii), or (k) section 20(1)(e)(ii), 20A(c)(ii), or 20B(d)(ii)
21: Section 23 repealed (Penalties)
Repeal section 23
22: New cross-heading above section 24 inserted
After section 23 Cost of damage
23: Section 24 amended (Offenders liable for cost of damage)
Replace section 24(1)
1: A person who commits an offence (including an infringement offence) may, in addition to, or instead of, incurring a penalty for the offence, be ordered to pay any of the following costs:
a: the costs incurred by the local authority in repairing any damage done to a local authority area as a result of the offence:
b: the costs incurred by the NZTA in repairing any damage done to NZTA land as a result of the offence:
c: the costs incurred by the Department in repairing any damage done to conservation land as a result of the offence:
d: the costs incurred by LINZ in repairing any damage done to LINZ land as a result of the offence.
24: Section 26 amended (Who proceedings may be commenced against)
Replace section 26(1)(b)
b: if a motor vehicle was used in the commission of the offence, the person who, at the time of the alleged offence, was the registered person in respect of the motor vehicle under Part 17 of the Land Transport Act 1998:
25: Section 27 replaced (Issue of infringement notices)
Replace section 27
27: Who may serve infringement notices
1: An enforcement officer who believes on reasonable grounds that a person has committed or is committing an infringement offence may serve an infringement notice on the person.
2: An enforcement officer who believes on reasonable grounds that a motor vehicle was used or is being used in the commission of an infringement offence may serve an infringement notice on the person who, at the time of the alleged offence, was the registered person in respect of the motor vehicle under Part 17 of the Land Transport Act 1998.
3: Subsection (2) does not limit the generality of subsection (1).
27A: How to serve infringement notices
1: An infringement notice may be served—
a: by delivering it, or a copy of it, to the person—
i: who appears to have committed the infringement offence; or
ii: who, at the time of the alleged offence, was the registered person in respect of the motor vehicle under Part 17 of the Land Transport Act 1998; or
b: by sending it, or a copy of it, by email to the person at an email address that is used by the person; or
c: 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; or
d: if the person is a holder of a land transport document, by sending it, or a copy of it, by post to the person at their last address provided for the purposes of that document; or
e: if a vehicle was used or is being used in the commission of the infringement offence, by attaching it, or a copy of it, to the vehicle.
2: For the purposes of the Summary Proceedings Act 1957,—
a: an infringement notice sent to a person by email under subsection (1)(b) is to be treated, unless the contrary is shown, as being served on the person at the time the email first enters an information system that is outside the control of the enforcement officer:
b: an infringement notice sent to a person by post under subsection (1)(c) or (d) is to be treated as having been served on the person when it would have been delivered in the ordinary course of the post:
c: an infringement notice attached to a vehicle under subsection (1)(e) is to be treated as having been served when it is attached to the vehicle.
3: In this section,— information system land transport document
a: the Land Transport Act 1998:
b: the Road User Charges Act 2012:
c: the Government Roading Powers Act 1989.
27B: Form of infringement notices
1: An infringement notice must be in the prescribed form and contain all of the following particulars:
a: sufficient detail to inform the defendant of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee:
c: the place where the infringement fee may be paid:
d: the time within which the infringement fee must be paid:
e: a summary of how section 21(10) of the Summary Proceedings Act 1957 applies to the alleged offence:
f: a statement that the defendant has a right to request a hearing:
g: a statement of the consequences if the defendant does not pay the infringement fee or request a hearing:
h: a statement of what will happen if the person served with the notice does not pay the infringement fee or request a hearing:
i: any other particulars that are prescribed by regulations.
2: If there is no prescribed form for the purposes of subsection (1), an infringement notice must be in the form set out in Schedule 2.
26: Section 29 amended (Rental service agreement may provide for payment of infringement fee)
In section 29(4) rental company
27: Section 31 amended (Entitlement to infringement fees)
Replace section 31(3)
3: All infringement fees resulting from infringement notices issued by enforcement officers appointed by the chief executive or the commissioner under section 33A
4: To avoid doubt, subsections (1) to (3) apply irrespective of whether the fees are for offences committed in relation to a local authority area, conservation land, or LINZ land.
28: Section 32 amended (Appointment of enforcement officers by local authorities)
After section 32(2)(d)
e: the LINZ land in relation to which they may act (which is only land in respect of which the chief executive or the commissioner has consented to officers exercising enforcement powers).
29: Section 33 amended (Appointment of enforcement officers by Director-General)
After section 33(2)(d)
e: the LINZ land in relation to which they may act (which is only land in respect of which the chief executive or the commissioner has consented to officers exercising enforcement powers).
30: New section 33A inserted (Appointment of enforcement officers by chief executive or commissioner)
After section 33
33A: Appointment of enforcement officers by chief executive or commissioner
1: The chief executive or the commissioner may appoint persons to be enforcement officers for the purposes of this Act.
2: The chief executive or the commissioner, as applicable, must issue warrants in writing to enforcement officers appointed under this section specifying—
a: the responsibilities and powers given to them; and
b: the infringement offences and other offences in relation to which they are appointed; and
c: the LINZ land in relation to which they may act; and
d: the local authority areas in relation to which they may act (which are only areas in respect of which the relevant local authority has consented to officers exercising enforcement powers); and
e: the conservation land in relation to which they may act (which is only land in respect of which the Director-General has consented to officers exercising enforcement powers).
31: Section 35 amended (Enforcement officers may require certain information)
1: In section 35(1) full address, email address,
2: After section 35(1)
1A: An enforcement officer may direct a person to produce the certificate of self-containment that applies to the motor vehicle in which the person is freedom camping if the officer believes on reasonable grounds that—
a: the person has committed or is committing an offence under section 20(1)(b), (d), (g), or (h)
b: the person—
i: has committed or is committing an offence under section 20A(a) or (d) or 20B(b) or (f)
ii: has breached or is breaching a prohibition, restriction, or condition relating to self-contained motor vehicles.
32: Section 36 amended (Enforcement officers may require certain persons to leave local authority area or conservation land)
1: In the heading to section 36 local authority area or conservation land local authority area, conservation land, or LINZ land
2: In section 36 local authority area or conservation land local authority area, conservation land, or LINZ land
33: Section 38 amended (Requirements relating to seizure and impoundment of boats, caravans, and motor vehicles)
1: In the heading to section 38 boats, caravans, and motor vehicles boats and motor vehicles
2: In section 38 a boat, a caravan, or a car, campervan, housetruck, or other motor vehicle a boat or motor vehicle
34: Section 39 amended (Return of property seized and impounded)
1: In section 39(1) the local authority concerned or the Director-General the local authority concerned, the Director-General, the chief executive, or the commissioner
2: In section 39(2)
a: replace The local authority or the Director-General The local authority, the Director-General, the chief executive, or the commissioner
b: replace the local authority or the Department the local authority, the Department, or LINZ
3: In section 39(3) to (5) the local authority or the Director-General the local authority, the Director-General, the chief executive, or the commissioner
35: Section 40 amended (Disposal of property seized and impounded)
1: In section 40(1) and (2) local authority or the Director-General local authority, the Director-General, the chief executive, or the commissioner
2: In section 40(1) local authority’s or the Director-General’s local authority’s, the Director-General’s, the chief executive’s, or the commissioner’s
3: In section 40(5) the Director-General the Director-General, the chief executive, or the commissioner
36: Section 42 amended (Relationship of this Act with other enactments)
1: Replace section 42(2)
2: This Act does not limit or affect the following powers:
a: the powers of the Department under the conservation Acts:
b: the powers of the NZTA under the transport Acts:
c: the powers of LINZ under the Crown land Acts.
2: In section 42(3) local authority area or conservation land local authority area, conservation land, or LINZ land
37: Section 43 amended (Regulations)
Replace section 43(1)
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
a: prescribing 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 fines, must not be more than $3,000:
b: prescribing different penalties for different infringement offences or classes of infringement offences, defined in any way (including by the seriousness of the offence or whether it is a repeat offence):
c: prescribing the form of—
i: infringement notices and reminder notices, and the information to be included in the notices; and
ii: seizure and impounding notices, and the information to be included in the notices:
d: providing for anything that this Act says may or must be provided for by regulations:
e: providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
38: Section 45 amended (Evidence in proceedings)
In section 45 a local authority or the Director-General a local authority, the Director-General, the chief executive, or the commissioner
39: New section 45A inserted (Review of effect on homelessness of Self-contained Motor Vehicles Legislation Act 2023)
After section 45
45A: Review of effect on homelessness of Self-contained Motor Vehicles Legislation Act 2023
1: The Minister must—
a: review the effect of the amendment Act on homelessness; and
b: prepare a report on that review, including recommendations (if any) for amendments to this Act and the Plumbers, Gasfitters, and Drainlayers Act 2006.
2: The Minister must—
a: start the review no later than 2 years after the commencement date; and
b: complete the review no later than 30 months after the commencement date; and
c: present the report to the House of Representatives as soon as practicable after it has been completed.
3: In this section,— amendment Act commencement date Part 1 section 2(1)(a)(i) to (iv)
4: Amendments to schedules
40: New Schedule 1AA inserted
Insert the Schedule 1AA Schedule 1
41: Schedule 2 amended
1: In the Schedule 2 ss 27(6) ss 27B(2)
2: In Schedule 2, form 1
a: replace Section 27(6) Section 27B(2)
b: under the heading “ Payment of infringement fee
i: after date notice is delivered personally or emailed
ii: delete Payments by cheque should be crossed “Not transferable”.
c: in paragraph 10, replace section 20(1)(b)(ii), (d), (h)(ii), or (k) section 20(1)(e)(ii), 20A(c)(ii), or 20B(d)(ii)
d: after paragraph 12, replace sections 22 to 28 sections 20E
3: In Schedule 2, form 2
a: under the heading “ Payment of infringement fee
i: after date infringement notice was delivered personally or emailed
ii: delete Payments by cheque should be crossed “Not transferable”.
b: in paragraph 5, replace section 20(1)(b)(ii), (d), (h)(ii), or (k) section 20(1)(e)(ii), 20A(c)(ii), or 20B(d)(ii)
c: after paragraph 8, replace sections 22 to 28 sections 20E
42: New Schedule 3 inserted
After Schedule 2 Schedule 3 Schedule 2
2: Amendments to Plumbers, Gasfitters, and Drainlayers Act 2006
43: Principal Act
This Part amends the Plumbers, Gasfitters, and Drainlayers Act 2006 2023-06-07 Plumbers, Gasfitters, and Drainlayers Act 2006 ss 52 and 53 come into force on the day after Royal Assent—see s 2(1)(b). 2023-12-06 Plumbers, Gasfitters, and Drainlayers Act 2006 Part 2, other than ss 52 and 53 commences 6 months after date of assent (6 June 2023), unless brought into force earlier by OIC. See s 2(2).
1: Amendments to Part 1
44: Section 3 amended (Purposes of this Act)
After section 3(b)
c: to appoint and regulate certification authorities.
45: Section 4 amended (Interpretation)
1: In section 4 motor vehicle
a: a motor vehicle within the meaning of section 2(1) of the Land Transport Act 1998
b: a unit used for camping that is not itself a vehicle but is capable of being—
i: transported by means of being loaded onto a vehicle; and
ii: used for camping whether or not it is loaded onto a vehicle owner section 2(1) of the Land Transport Act 1998 self-containment certification authority section 87C vehicle section 2(1) of the Land Transport Act 1998
2: In section 4 Minister Minister
a: for the purposes of sections 87H, 172(1A), and 172A to 172C
i: the Minister of Tourism; or
ii: the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of those sections:
b: for the purposes of any other section,—
i: the Minister for Building and Construction; or
ii: the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act other than the sections specified in paragraph (a)
3: In section 4 register register subpart 3 of Part 2 subpart 3 of Part 2A
46: Section 5 amended (Meaning of gasfitting)
In section 5(1)(b) caravan,
47: New section 6A inserted (Transitional, savings, and related provisions)
After section 6
6A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
2: New Part 2A inserted
48: New Part 2A inserted
After section 87
2A: Self-contained motor vehicles
87A: Purpose of this Part
The purpose of this Part is to regulate self-contained motor vehicles in order to manage the adverse effects of freedom camping on the natural environment.
87B: Interpretation of this Part
In this Part, unless the context otherwise requires,— core functions
a: appointing a motor vehicle inspector under section 87T
b: issuing a certificate of self-containment for a motor vehicle under section 87U
c: making an entry in the register of self-contained motor vehicles under sections 87ZB and 87ZD enforcement officer section 4 of the Freedom Camping Act 2011 freedom camp section 5 of the Freedom Camping Act 2011 motor vehicle inspection motor vehicle inspector section 87T Registrar of Motor Vehicles section 233(1) of the Land Transport Act 1998 registration plate section 233(1) of the Land Transport Act 1998
1: Board appoints and regulates certification authorities
Board may appoint self-containment certification authority
87C: Board may appoint self-containment certification authority
1: A person may apply to the Board to be appointed as a self-containment certification authority.
2: A person who makes an application must—
a: apply using the form prescribed by regulations (if any); and
b: pay the fee prescribed by regulations (if any).
3: The Board—
a: must appoint the person as a self-containment certification authority if the Board is satisfied that the person will meet the requirements prescribed by regulations for appointment as a self-containment certification authority; and
b: must follow any process prescribed by regulations for appointing a person as a self-containment certification authority.
4: Subsection (3)(a) is subject to any action taken by the Board under section 87Q
87D: Duration of appointment as self-containment certification authority
1: An appointment as a self-containment certification authority is valid for 5 years.
2: An appointment begins on the date on which the Board appoints the person as a self-containment certification authority.
3: The Board may revoke or suspend an appointment in accordance with section 87Q
87E: Board may reappoint self-containment certification authority
1: A person appointed as a self-containment certification authority may apply to the Board to be reappointed as a self-containment certification authority.
2: Sections 87C(2) to (4) and 87D
3: A person whose existing appointment as a self-containment certification authority is currently revoked or suspended in accordance with section 87Q
4: If a person has applied under subsection (1) but the Board has not granted or declined the application before the person’s existing appointment ends, then—
a: the existing appointment continues in force until the Board has dealt with the application; and
b: any renewal must take effect from the date on which the existing appointment would (but for the reappointment) have ended. Board may prescribe requirements for motor vehicle inspections
87F: Board may prescribe requirements for motor vehicle inspections
1: The Board may, by notice, prescribe requirements relating to how motor vehicle inspections arranged by certification authorities under section 87U(3)
2: In prescribing the requirements, the Board must be guided by the following principles:
a: the requirements must be necessary to provide for motor vehicle inspections to be carried out to a consistently high standard:
b: the requirements may not impose undue costs on certification authorities or motor vehicle inspectors, or on the public.
3: A notice made under subsection (1) is secondary legislation ( see Part 3 of the 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 referred to in subsection (1) Publication The maker must— publish it in the Gazette make an up-to-date version available at all reasonable times on a website maintained by, or on behalf of, the maker make an up-to-date version available at the maker’s office for inspection free of charge, and purchase for a reasonable fee LA19 ss 73 74(1)(a) 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.
87G: Board must consult before making notices
1: The Board must consult in accordance with this section before making a notice under section 87F
2: The Board must consult the following persons about its proposal for the contents of the notice:
a: any person whom the Board considers able to represent the views of either or both of the following:
i: certification authorities:
ii: motor vehicle inspectors:
b: any organisation—
i: that the Board considers will be substantially affected by the proposal; or
ii: whose members the Board considers will be substantially affected by the proposal.
3: A failure to comply with this section does not affect the validity of any notice made under section 87F
87H: Notices under section 87F must be approved by Minister
1: Section 34 section 87F
2: In applying section 34
a: the references to section 28 or 30 section 87F
b: Minister section 4 Board may consider complaints and conduct investigations
87I: Complaining about self-containment certification authority
1: A person may complain to the Board about a self-containment certification authority.
2: A complaint must be made on 1 or more of the following grounds:
a: the self-containment certification authority has allegedly failed, or is failing, without good reason to properly carry out 1 or more of its core functions:
b: the self-containment certification authority has been, or is, negligent in carrying out 1 or more of its core functions:
c: the self-containment certification authority has been, or is, carrying out 1 or more of its core functions improperly.
87J: Procedure if Board deciding whether to accept or decline complaint
1: The Board must, as soon as practicable after receiving a complaint,—
a: inform the self-containment certification authority concerned of the complaint; and
b: decide whether to accept or decline the complaint.
2: If the Board has received a complaint but has not yet decided whether to accept or decline the complaint, then—
a: the Board is not required to seek any information or submission from the self-containment certification authority; and
b: the self-containment certification authority is not entitled to submit any information or submission, unless requested to do so by the Board.
3: The Board must, immediately after making a decision under subsection (1),—
a: give written notice of the decision to the person who made the complaint and the self-containment certification authority concerned; and
b: if the Board decides to accept the complaint, investigate the complaint.
4: The Board may decline to accept, and is not required to investigate, a complaint that it considers vexatious or frivolous.
87K: Board may conduct investigation on own initiative
1: If the Board considers that there are reasonable grounds for believing that any of the grounds specified in section 87I(2)
a: on its own initiative; and
b: without a complaint under section 87I
2: The Board must, immediately after making a decision under subsection (1),—
a: give written notice of the decision to the self-containment certification authority concerned; and
b: investigate the matter.
87L: Procedure if Board investigates complaint or matter
1: This section applies if the Board investigates—
a: a complaint under section 87I
b: a matter on its own initiative under section 87K
2: The Board must, in the notice to the self-containment certification authority given under section 87J(3) or 87K(2)
a: state that the Board has reason to believe that 1 or more grounds exist entitling it to exercise the disciplinary powers under section 87Q
b: provide particulars that will clearly inform the self-containment certification authority of the ground or grounds; and
c: give the self-containment certification authority a reasonable opportunity to make written submissions on the complaint or matter.
3: The Board must consider any written submissions that the self-containment certification authority makes.
4: A self-containment certification authority’s failure to make written submissions after being given a reasonable opportunity to do so does not limit the Board in investigating or determining the complaint or matter.
87M: Powers of inspection to investigate complaint
Use of powers of inspection
1: The Board may use the powers in this section for the purpose of investigating a self-containment certification authority if—
a: the Board has accepted a complaint made under section 87I
b: the Board is conducting an investigation on its own initiative under section 87K
2: The Board must, before using the powers in this section, give reasonable notice in writing to the self-containment certification authority concerned of—
a: the Board’s intention to use the powers; and
b: the reasons why the Board intends to use the powers. Powers of inspection
3: The Board may authorise a person—
a: to inspect, at any reasonable time, any premises (not being a dwellinghouse or marae) occupied by the self-containment certification authority; and
b: to enter and re-enter any place for the purpose of conducting the inspection authorised by paragraph (a).
4: The Board may do 1 or more of the following:
a: require the self-containment certification authority to produce for inspection, within a reasonable period that the Board may specify, a document or class of document in the possession or under the control of the self-containment certification authority:
b: take copies of, or extracts from, any documents produced:
c: require the self-containment certification authority to provide, within any reasonable period that the Board specifies, any information or class of information that the Board requires.
87N: Conditions on use of powers of inspection
1: The powers specified in section 87M(3) and (4)
2: A person must give reasonable notice of that person’s intention to enter any premises under section 87M(3)
3: A person must, on entering any premises under section 87M(3)
a: evidence of that person’s authority to enter the premises; and
b: evidence of that person’s identity.
4: Nothing in section 87M Defence Act 1990
87O: Information received from Registrar of Motor Vehicles
1: This section applies to information the Board receives from the Registrar of Motor Vehicles in accordance with the following provisions of the Privacy Act 2020:
a: section 172
b: Schedule 4
2: The Board may use the information for 1 or more of the following purposes:
a: to assess whether a self-containment certification authority has issued a certificate of self-containment appropriately, in respect of a specific motor vehicle:
b: to investigate—
i: complaints received under section 87I
ii: a matter on the Board’s own initiative under section 87K
3: The Board may direct the Registrar to update the register of self-contained motor vehicles as a result of any information received from the Registrar of Motor Vehicles. Board’s enforcement powers
87P: When Board may take disciplinary action under section 87Q
1: This section applies if the Board, after conducting an investigation and considering the submissions made by a self-containment certification authority (if any), is satisfied that the self-containment certification authority—
a: has failed without good reason to properly carry out 1 or more of the self-containment certification authority’s core functions:
b: has been negligent in carrying out 1 or more of those core functions:
c: has been guilty of misconduct in carrying out 1 or more of those core functions.
2: The Board may take any of the actions referred to in section 87Q(1)
a: obtained an appointment as a self-containment certification authority by making a false or misleading representation or declaration (whether oral or written); or
b: was not, at the times of its appointment as a self-containment certification authority, entitled to be appointed as a self-containment certification authority; or
c: has failed to ensure that a motor vehicle inspection done by a motor vehicle inspector appointed by that self-containment certification authority complied with requirements prescribed by regulations and notices issued by the Board under section 87F
d: has, without good reason,—
i: purported to appoint a motor vehicle inspector without complying with section 87T(1)
ii: purported to issue a certificate of self-containment without complying with section 87U
iii: provided a warrant card without complying with section 87X(1)(b)
3: The Board may take any of the actions referred to in section 87Q(1)
a: obstructs or prevents the Board from exercising its powers under section 87M(3)
b: fails to comply with a requirement imposed on the self-containment certification authority by the Board under section 87M(4)(a) or (c)
87Q: Disciplinary action Board may take in relation to self-containment certification authority
1: In any case to which section 87P
a: do both of the following things:
i: order that the appointment as a self-containment certification authority be revoked; and
ii: order that the person may not apply to be appointed as a self-containment certification authority before the expiry of a specified period:
b: order that the appointment as a self-containment certification authority be suspended—
i: for any period that the Board thinks fit; or
ii: until the person does any things that the Board specifies:
c: order that the self-containment certification authority be censured:
d: order the self-containment certification authority to pay a fine not exceeding $10,000:
e: order the self-containment certification authority to take remedial action—
i: within a specified period of time; and
ii: subject to any conditions that the Board specifies:
f: make no order under this subsection.
2: The Board may take only 1 type of action in subsection (1) in relation to a case, except that it may impose a fine under subsection (1)(d) in addition to taking the action under subsection (1)(b) or (c).
3: The Board may not impose a fine under subsection (1)(d) in relation to an act or omission that constitutes—
a: an offence for which the person has been convicted by a court; or
b: an infringement offence for which the person has been issued with an infringement notice and has paid an infringement fee or a fine imposed by a court.
4: The Board may take an action under this section whether or not the person still holds a current appointment as a self-containment certification authority.
87R: Board must give self-containment certification authority reasonable opportunity to be heard
Before taking any of the actions referred to in section 87Q(1)
a: inform the self-containment certification authority concerned that it may take any of those actions, and why; and
b: give that person a reasonable opportunity to make written submissions and be heard on the question, either personally or through that person’s representative.
87S: Miscellaneous provisions concerning actions under section 87Q(1)
1: Every fine imposed under section 87Q(1)
2: An order under section 87Q(1) Effect of suspension of self-containment certification authority on that authority
3: If a person’s appointment as a self-containment certification authority is suspended under section 87Q(1)(b)
a: appoint any person as a motor vehicle inspector in accordance with section 87T
b: arrange for a motor vehicle inspector to carry out a motor vehicle inspection under section 87U(3)
c: issue a certificate of self-containment in accordance with section 87U(4)
4: At the end of a period of suspension, the person’s appointment as a self-containment certification authority is immediately revived.
5: Subsection (4) does not apply if there is some other ground to suspend or revoke that person’s appointment as a self-containment certification authority. Effect of suspension of self-containment certification authority on motor vehicle inspectors
6: A motor vehicle inspector appointed by a self-containment certification authority that has been suspended under section 87Q(1)(b)
a: may be appointed as a motor vehicle inspector under section 87T(1)
b: if so appointed, may carry out a motor vehicle inspection under section 87U(3)
2: Certification authorities
Self-containment certification authority may appoint motor vehicle inspector
87T: Appointing motor vehicle inspectors
1: A self-containment certification authority may appoint as a motor vehicle inspector any person who meets the requirements prescribed by regulations for appointment as a motor vehicle inspector.
2: Any requirements prescribed by regulations in accordance with subsection (1) must include requirements that relate to the competence of a motor vehicle inspector. Self-containment certification authority may issue, renew, or revoke certificate of self-containment
87U: Self-containment certification authority may issue certificate of self-containment
1: A person may apply to a self-containment certification authority for a certificate of self-containment for a motor vehicle.
2: The self-containment certification authority may accept or decline the application.
3: If the self-containment certification authority accepts the application, it must—
a: arrange for a motor vehicle inspector appointed by the authority to carry out a motor vehicle inspection of the vehicle; and
b: ensure that the inspection is carried out in accordance with requirements prescribed by regulations, and by notices issued by the Board under section 87F
c: consider the findings of the inspection; and
d: issue a certificate of self-containment if it is satisfied of the specified matters.
4: In this section, the specified matters
a: the vehicle is equipped with a toilet that is—
i: permanently fixed to the vehicle; and
ii: usable within the vehicle; and
b: the vehicle meets the requirements for self-containment prescribed by regulations; and
c: the person applying for the certificate has paid any required levy prescribed by regulations.
87V: Self-containment certification authority may renew certificate of self-containment
1: A person may apply to any self-containment certification authority to renew a current certificate of self-containment.
2: The self-containment certification authority must—
a: follow the process specified in section 87U(3)
b: renew the certificate of self-containment if it is satisfied that the criteria specified in section 87U(4)
87W: Self-containment certification authority may revoke certificate of self-containment
1: A self-containment certification authority may revoke a current certificate of self-containment that it has previously issued if the authority is satisfied of either or both of the following:
a: the motor vehicle that holds the certificate of self-containment does not meet the requirements for self-containment prescribed by regulations:
b: the authority issued the certificate on the basis of incorrect or incomplete information.
2: The self-containment certification authority must notify in writing the owner of the motor vehicle of the authority’s decision to revoke a certificate of self-containment. Certificates of self-containment
87X: Form of certificate of self-containment
1: A certificate of self-containment—
a: must be in the form prescribed by regulations; and
b: must be accompanied by a warrant card that—
i: states that the motor vehicle has been issued with a certificate of self-containment; and
ii: is in the form prescribed by regulations.
2: A certificate of self-containment is valid for a period not exceeding 4 years and expires on the expiry date specified on the certificate.
3: However, a certificate of self-containment ceases to be valid if 1 or more of the following circumstances applies:
a: the motor vehicle to which the certificate applies undergoes a material modification to 1 or more of the critical self-containment elements prescribed by regulations:
b: a self-containment certification authority revokes a certificate in accordance with section 87W
87Y: What to do with certificate of self-containment and warrant card
1: This section applies if a person is using a motor vehicle that has been issued with a certificate of self-containment to freedom camp.
2: The person must—
a: keep the certificate of self-containment with the vehicle; and
b: display the warrant card associated with that certificate in accordance with—
i: sections 10(4), 15(2), and 19A(2) of the Freedom Camping Act 2011
ii: requirements prescribed by regulations.
3: Register of self-contained motor vehicles
Purpose, contents, and form of register
87Z: Register of self-contained motor vehicles
1: The Board must establish and maintain, in accordance with this subpart, a register of self-contained motor vehicles.
2: The register must be kept by the Registrar.
87ZA: Purpose of register
The purpose of the register is—
a: to enable the Board to ascertain any of the information contained on the register; and
b: to enable members of the public to ascertain the following information about a specific motor vehicle:
i: whether the motor vehicle holds a current certificate of self-containment:
ii: whether the motor vehicle has previously held a certificate of self-containment that has subsequently expired or been revoked:
iii: the expiry date of the motor vehicle’s current, expired, or revoked certificate of self-containment; and
c: to enable a self-containment certification authority to ascertain the following information:
i: the information specified in paragraph (b):
ii: the details of all certificates of self-containment issued by that self-containment certification authority:
iii: all the information contained in a motor vehicle’s certificate of self-containment:
iv: the details of any motor vehicle inspection of the vehicle carried out in accordance with section 87U(3)
d: to enable an enforcement officer to ascertain the following information about a specific motor vehicle:
i: the information specified in paragraphs (b) and (c)(iii) and (iv):
ii: information recorded by an enforcement officer about the vehicle under section 87ZE
87ZB: Matters to be contained in register
1: The register must contain all of the following information, to the extent that the information is relevant, for each motor vehicle issued with a certificate of self-containment:
a: the name and address of the owner of the motor vehicle:
b: the numbers, letters, and any other distinguishing mark shown on the registration plates of the motor vehicle or, if the motor vehicle does not have registration plates, details about the make and model of the motor vehicle:
c: the name of the self-containment certification authority that issued the certificate of self-containment:
d: the date on which the self-containment certification authority issued the certificate of self-containment:
e: the expiry date of the certificate of self-containment:
f: the maximum number of people for which the motor vehicle is certified for use as a self-contained motor vehicle:
g: the unique number shown on the certificate of self-containment and warrant card issued to the motor vehicle.
2: The register may contain the following information for each motor vehicle issued with a certificate of self-containment:
a: details of the motor vehicle inspection of the vehicle carried out in accordance with section 87U(3)
b: information recorded by an enforcement officer about the vehicle under section 87ZE
c: any other information or documentation that the Registrar considers necessary or desirable for the purposes of the register.
87ZC: Application of certain sections about register of plumbers, gasfitters, and drainlayers
1: Sections 73 and 81 section 87Z
2: In applying section 81 section 87ZB Who may enter information in register
87ZD: Self-containment certification authority must enter matters in register
A self-containment certification authority that issues, renews, or revokes a certificate of self-containment must—
a: enter in the register the information and documentation referred to in section 87ZB(1)
b: make any other entries in the register that may be required, permitted, or directed to be entered by or under this Act.
87ZE: Enforcement officer may enter matters in register
1: This section applies if a motor vehicle has been used in the commission of an offence under section 20, 20A, 20B, or 20C of the Freedom Camping Act 2011
2: An enforcement officer may enter in the register any information about the vehicle that the officer considers relevant. Who may access register
87ZF: Access to information on register
1: This section specifies who may access the information contained on the register. Board
2: The Board may access the register for the purpose specified in section 87ZA(a) Public access
3: Any person may access the register for the purpose specified in section 87ZA(b) Certification authorities
4: Any self-containment certification authority may access the register for the purpose specified in section 87ZA(c) Enforcement officers
5: Any enforcement officer may access the register for the purpose specified in section 87ZA(d)
87ZG: Searching the register
The register may be searched only—
a: for a purpose specified in section 87ZA
b: by reference to the different classes of information specified in section 87ZB
87ZH: When search constitutes interference with privacy of individual
A search of the register for personal information that has not been carried out in accordance with sections 87ZF and 87ZG section 69 of the Privacy Act 2020
3: Amendments to Part 3
49: Section 125 amended (Other offences)
Replace the heading to section 125 Other offences related to sanitary plumbing, drainlaying, or gasfitting
50: New section 125A inserted (Offences relating to regulating self-contained motor vehicles)
After section 125
125A: Offences relating to regulating self-contained motor vehicles
1: A person commits an offence if the person, knowing that they are acting without proper authority, issues any of the following:
a: a certificate of self-containment:
b: a warrant card.
2: A person commits an offence if the person, knowing that they are acting without proper authority, falsely represents, expressly or by implication, that the person is a self-containment certification authority when the person is not.
3: A person commits an offence if the person intentionally obstructs any authorised person in the exercise of any powers conferred by or under section 87M
4: A person who commits an offence against subsection (1) or (2) is liable on conviction to a fine not exceeding $10,000.
5: A person who commits an offence against subsection (3) is liable on conviction to a fine not exceeding $50,000 in the case of an individual, or $250,000 in the case of a body corporate.
4: Amendments to Part 4
51: Section 137 amended (Functions of Board)
1: Replace section 137(k)
k: to promote, monitor, and review—
i: the ongoing competency and safe work practices of registered persons, provisional licence holders, and employer licence holders; and
ii: the ongoing competency and performance of certification authorities:
2: Replace section 137(o) and (p)
na: to consider applications for appointment as a self-containment certification authority under section 87C
o: to hear complaints about, and discipline, persons to whom subpart 1 of Part 3
oa: to hear complaints about or investigate on its own initiative, and discipline, persons appointed as certification authorities in accordance with section 87C
p: to institute prosecutions against persons for—
i: the breach of any legislation relating to sanitary plumbing, gasfitting, or drainlaying:
ii: the breach of any provisions in this Act relating to self-contained motor vehicles:
52: Section 172 amended (Regulations)
1: Replace section 172(1)(m)
m: providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
2: After section 172(1)
1A: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for anything that Part 2A
3: In section 172(2) subsection (1) subsection (1) or (1A)
53: New sections 172A to 172C inserted
After section 172
172A: Regulations relating to fees and charges for appointment as self-containment certification authority
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for either or both of the following purposes:
a: requiring the payment to the Board of fees and charges on an application to the Board to be appointed as a self-containment certification authority:
b: prescribing the amounts of those fees and charges or the manner in which those fees and charges are to be calculated.
2: Regulations made under subsection (1) may authorise the Board to refund or waive, in whole or in part and on any conditions that may be prescribed, payment of any fee or charge payable in relation to any person or class of persons.
3: Any fee, charge, or cost payable to the Board is recoverable by the Board in any court of competent jurisdiction as a debt due to the Board.
4: Regulations made under this section are secondary legislation ( see Part 3
5: If the regulations authorise the Board under subsection (2) to grant a refund or waiver,—
a: an instrument granting a refund or waiver is secondary legislation ( see
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 made under this section. Legislation Act 2019 requirements for secondary legislation referred to in subsection (4) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 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 this section. Legislation Act 2019 requirements for secondary legislation referred to in subsection (5)(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (4) LA19 ss 73 74 cl 14 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.
172B: Levy of owners of motor vehicles with certificate of self-containment
1: The following persons must pay to the Crown, or a prescribed person on behalf of the Crown, a levy prescribed by regulations:
a: a person applying under section 87U(1)
b: a person applying under section 87V(1)
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: the costs of the Board in performing or exercising those of its functions, powers, and duties under this Act and any other enactment that relate to the regulation of self-contained motor vehicles; and
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 amount of levies, or method of calculating or ascertaining the amount of levies:
b: include in levies, or provide for the inclusion in levies of, any shortfall in recovering the actual costs:
c: refund, or provide for refunds of, any over-recovery of the actual costs:
d: provide for the payment and collection of levies:
e: specify the financial year or part financial year to which a levy applies, and apply that levy to that financial year or part financial year and each subsequent financial year until the levy is revoked or replaced:
f: for the first financial year to which a levy applies, include in a levy amount or method the costs of the Board in establishing its functions under section 137(k)(ii), (na), (oa), and (p)(ii)
g: require payment of a levy for a financial year or part financial year, irrespective of the fact that the regulations may be made after that financial year has commenced:
h: provide for waivers or refunds of the whole or any part of a levy for any case or class of cases.
6: The amount of any unpaid levy is recoverable in any court of competent jurisdiction as a debt due to the Board, or to any other person prescribed for the purposes of this subsection, on behalf of the Crown.
7: The Board, or any other person prescribed for the purposes of this subsection, must ensure that—
a: each levy payment is paid into a Crown Bank Account and is separately accounted for; or
b: by the 20th day of the month after the month in which the Board or other person receives a levy payment, the levy payment is paid into a Crown Bank Account.
8: Regulations made under this section are secondary legislation ( see Part 3
9: If regulations authorise a person to grant waivers or refunds referred to in subsection (5)(h),—
a: an instrument granting a waiver or refund is secondary legislation ( see Part 3 of the Legislation Act 2019
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 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. 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 referred to in subsection (9)(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (9) LA19 ss 73 74 cl 14 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.
172C: Requirements before making certain regulations
1: The Minister may recommend the making of regulations under section 172(1A)
a: has consulted persons that the Minister considers are likely to be significantly affected by the regulations or persons that the Minister considers to be representatives of those persons; and
b: is satisfied that the regulations facilitate the management of the adverse effects of freedom camping on the natural environment.
2: The Minister may recommend the making of regulations under section 172A(1) or 172B(2)
5: Amendments to schedules
54: New Schedule 1AA inserted
Insert the Schedule 1AA set out in Schedule 3
3: Amendments to other Acts
1: Amendment to Privacy Act 2020
55: Principal Act
This subpart amends the Privacy Act 2020 2023-12-06 Privacy Act 2020 Part 3 subpart 1 commences 6 months after date of assent (6 June 2023), unless brought into force earlier by OIC. See s 2(2).
56: Schedule 4 amended
In Schedule 4 Registrar of Motor Vehicles records The following table is small in size and has 3 columns. This table is an amendment to the table in Schedule 4 of the Privacy Act 2020 and should be read with that table to provide understanding of the context. Plumbers, Gasfitters, and Drainlayers Board (access is limited to name and address details of persons who are or were previously registered in respect of a specified vehicle for the purposes of the Board carrying out the functions conferred on the Board by sections 87J(3)(b) and 87K(2)(b) of the Plumbers, Gasfitters, and Drainlayers Act 2006
2: Amendment to Summary Proceedings Act 1957
57: Principal Act
This subpart amends the Summary Proceedings Act 1957 2023-06-07 Summary Proceedings Act 1957 Part 3 subpart 2 comes into force on the day after Royal Assent—See section 2(1)(c).
58: Section 2 amended (Interpretation)
In section 2(1) infringement notice
jj: section 27 of the Freedom Camping Act 2011 |
LMS49344 | 2023 | Civil Aviation Act 2023 | 1: Title
This Act is the Civil Aviation Act 2023.
2: Commencement
1: Section 10 clauses 7 to 11 38
2: The rest of this Act comes into force on a date or dates to be appointed by the Governor-General by Order in Council.
3: Any provision that has not earlier been brought into force comes into force 24 months after the date on which this Act receives the Royal assent.
4: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation 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.
1: Preliminary provisions
Purposes
3: Main purpose
The main purpose of this Act is a safe and secure civil aviation system.
4: Additional purposes
This Act has the following additional purposes:
a: to maintain, enhance, and promote a transport system that contributes to environmental sustainability, economic prosperity, inclusive access, healthy and safe people, and resilience and security:
b: to promote innovation, effectiveness, and efficiency in civil aviation:
c: to ensure that New Zealand’s obligations under international civil aviation conventions, agreements, and understandings are implemented:
d: to preserve New Zealand’s national security and national interests:
e: to take into account the adverse effects of civil aviation on the interests of people, property, and the environment. Interpretation provisions
5: Interpretation
In this Act, unless the context otherwise requires,— accident section 6 accounting period Part 7 section 218 accredited medical conclusion Schedule 2 clause 1(1) of Schedule 2 accredited verification body subpart 3 Part 6 section 205 actual carrier subpart 3 Part 8 section 269(1) Additional Protocol subpart 2 Part 8 section 254 Additional Protocol No 1 subpart 2 Part 8 section 254 Additional Protocol No 2 subpart 2 Part 8 section 254 aerodrome
a: means any defined area of land or water intended or designed to be used, either wholly or partly, for the landing, departure, or surface movement of aircraft; and
b: includes any other areas, buildings, installations, and equipment that are on or adjacent to an area mentioned in paragraph (a) and that are used in connection with that area or its administration; and
c: where an airport operator is registered in respect of the aerodrome, includes any area included under section 222(3)(b) or 223 aerodrome control service aerodrome flight information service aerodrome traffic
a: all traffic in the manoeuvring area of an aerodrome; and
b: all aircraft flying in the vicinity of an aerodrome aerodrome traffic circuit aeronautical product air service air traffic air traffic control service
a: means a service provided for the purposes of—
i: preventing collisions between aircraft and between aircraft and obstructions on any manoeuvring area; and
ii: expediting and maintaining a safe and efficient flow of air traffic; and
b: includes—
i: an aerodrome control service:
ii: an area control service:
iii: an approach control service air traffic service
a: a flight information service:
b: an aerodrome flight information service:
c: an alerting service:
d: an air traffic control service aircraft aircraft flying in the vicinity of an aerodrome Aircraft Protocol subpart 4 Part 10 section 433(1) airport section 222 airport operator section 222 airside security area section 121 Airways alerting service amended Convention subpart 2 Part 8 section 254 ANZA ANZA mutual recognition agreements section 407(1)(i) AOC applicant Schedule 2 clause 1(1) of Schedule 2 approach control service area control service attributed flight subpart 3 Part 6 section 205(1) Australia Australian AOC with ANZA privileges Australian Air Operator’s Certificate with ANZA privileges Australian temporary stop notice authorised aviation security service provider section 134(b) or (c) section 136 authorised security person aviation document subpart 1 or 2 of Part 4 aviation examiner Schedule 2 clause 1(1) of Schedule 2 aviation participant
a: means a person who—
i: operates, maintains, services, or does any other act in respect of an aircraft, aerodrome, or aeronautical product; or
ii: provides an aviation-related service; and
b: includes (without limitation)—
i: aircraft pilots:
ii: flight crew members:
iii: air traffic service personnel:
iv: aviation security personnel:
v: aviation examiners and medical examiners:
vi: aerodrome operators:
vii: aircraft engineers; and
c: includes a person referred to in section 37(1)
d: includes the holder of an Australian AOC with ANZA privileges aviation place section 7 aviation-related service
a: means any equipment, facility, or service operated in support of or in conjunction with the civil aviation system, including—
i: air services:
ii: air traffic services:
iii: aviation security services:
iv: aviation meteorological services:
v: aviation communication services:
vi: navigation installation providers:
vii: aviation training organisations:
viii: aircraft design, manufacture, and maintenance organisations:
ix: the provision of aeronautical products:
x: aeronautical procedures:
b: excludes any service of TAIC aviation security dog aviation security officer
a: a person for the time being employed as such by the CAA in AvSec:
b: subject to section 140(2) section 140(1)
c: when section 164 aviation security services
a: in relation to AvSec, the functions and duties referred to in section 138(1)(a) to (g)
b: in relation to any other person, the functions and duties given to them under section 136(2) AvSec section 23(d) bodily sample subpart 6 Part 4 section 113 CAA section 20 capacity subparts 1 2 Part 6 section 174 Cape Town Convention subpart 4 Part 10 section 433(1) carrier subpart 3 Part 8 section 269(1) CASA
a: the Civil Aviation Safety Authority established by the Civil Aviation Act 1988 (Aust); and
b: any successor of that authority civil aviation legislation
a: this Act; and
b: any secondary legislation made under this Act; and
c: in the case of a person holding an Australian AOC with ANZA privileges, the Civil Aviation Act 1988 (Aust) and regulations or orders made under that Act Civil Aviation Records section 38 class 1 non-scheduled commercial international flight subpart 1 Part 6 section 174 class 2 non-scheduled commercial international flight subpart 1 Part 6 section 174 contract subpart 3 Part 8 section 269(1) contracting carrier subpart 3 Part 8 section 269(1) Contracting State subpart 4 Part 10 section 433(1) controlled airspace controlled flight convener Schedule 2 clause 1(1) of Schedule 2 Convention court
a: in subpart 2 Part 8 section 254
b: in subpart 3 Part 8 section 269(1) DAMP section 113 DAMP operator section 113 dangerous goods
a: are listed in, or classified in accordance with, the ICAO’s Technical Instructions for the Safe Transport of Dangerous Goods by Air; or
b: have properties that would result in the articles or substances being classified as dangerous goods under the ICAO’s Technical Instructions for the Safe Transport of Dangerous Goods by Air declaration subpart 4 Part 10 section 433(1) deputy convener Schedule 2 clause 1(1) of Schedule 2 deregistration request subpart 4 Part 10 section 433(1) details subpart 20 Part 9 section 387 Director section 31 Director testing subpart 6 Part 4 section 113 drug or alcohol test subpart 6 Part 4 section 113 eligible New Zealand operator subpart 3 Part 6 section 409 section 205(2) eligible unit subpart 3 Part 6 section 205(1) engagement charter section 28 excluded flight subpart 3 Part 6 section 205(1) flight data recorder subpart 10 Part 9 section 342 flight information service foreign international airline subpart 1 Part 6 section 174 Guadalajara Convention subpart 2 Part 8 section 254 Hague Protocol subpart 2 Part 8 section 254 health professional High Contracting Party subpart 2 Part 8 section 254 holder ICAO identified aerodrome activity Part 7 section 411 section 218 incident infringement fee infringement offence
a: an offence specified as an infringement offence in regulations; or
b: an offence identified in this Act as an infringement offence inspector section 331 Inspector-General of Intelligence and Security international airport international carriage by air subpart 2 Part 6 section 194 issuing officer joint venture aerodrome Part 7 Schedule 3 section 218 judicial officer landside security area section 125 law enforcement action subpart 9 Part 9 section 339(1) lease Part 7 section 218 licence holder Schedule 2 clause 1(1) of Schedule 2 licensee subpart 1 Part 6 section 174 licensing authority subpart 1 Part 6 section 174 local authority Local Government Act 2002 manoeuvring area
a: means that part of an aerodrome to be used for the take-off and landing of aircraft and for the surface movement of aircraft associated with take-off and landing; but
b: does not include areas set aside for loading, unloading, or maintenance of aircraft medical certificate
a: issued by the Director under Schedule 2
b: recognised by the Director under the rules medical examiner clause 29(1) Schedule 2 medical practitioner
a: a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine; or
b: a person in a jurisdiction other than New Zealand who is entitled, licensed, or registered to practise medicine in that jurisdiction Minister Ministry Montreal Convention subpart 2 Part 8 section 254 navigation installation
a: means any building, facility, work, apparatus, equipment, or place (whether or not part of an aerodrome) that is intended to assist in the control of air traffic or as an aid to air navigation; and
b: includes any land adjacent to, and used in connection with, that building, facility, work, apparatus, equipment, or place negative result subpart 6 Part 4 section 113 new entrant section 205(3) New Zealand AOC with ANZA privileges section 91 New Zealand international airline subpart 1 Part 6 section 174 New Zealand Register of Aircraft section 36 New Zealand registered aircraft section 37 New Zealand temporary stop notice section 87(1) non-scheduled commercial international flight subpart 1 Part 6 section 174 notified incident subpart 9 Part 9 section 339(1) officer section 8 operate operator
a: in relation to an aircraft, means a person who causes or permits the aircraft to fly, be used, or be in any place, whether or not the person is present with the aircraft:
b: in relation to an aerodrome, means the person who holds the aviation document for operating the aerodrome or, if there is no such person, the person who operates the aerodrome owner passenger subpart 3 Part 8 section 269(1) pat down search subpart 2 Part 5 section 133 person authorised by the Director
a: in subpart 16 Part 9 section 369
b: in subpart 20 Part 9 section 387 pilot-in-command
a: means the pilot on board the aircraft who is responsible for the operation and safety of the aircraft; and
b: in the absence of a pilot on board the aircraft, means the person who the rules specify as responsible for the operation and safety of the aircraft in accordance with the rules; and
c: in all other circumstances,—
i: means an individual nominated by the operator to be responsible for the operation and safety of the aircraft; and
ii: if no individual is nominated by the operator, means the operator prescribed privileges to which a medical certificate relates Schedule 2 clause 1(3) of Schedule 2 Protocol No 4 subpart 2 Part 8 section 254 qualifying person subpart 9 Part 9 section 339(2) random testing subpart 6 Part 4 section 113 regulations relevant government agency Part 7 section 218 relevant item or substance subpart 2 Part 5 section 133 removal request subpart 4 Part 10 section 433(1) reporting period subpart 3 Part 6 section 205(1) response officer section 332 response plan subpart 6 Part 4 section 113 restricted scheduled international air service subpart 1 Part 6 section 174 rules Part 3 safety-sensitive activity subpart 6 Part 4 section 113 safety-sensitive worker subpart 6 Part 4 section 113 scheduled international air service subpart 1 Part 6 section 174 Secretary security area section 133 security designated aerodrome section 120(1)(a) or (b) security designated navigation installation section 120(1)(c) security enhanced area section 121(2) seventh freedom service subpart 1 Part 6 section 174 space requirement Part 7 section 218 specified examination Schedule 2 clause 1(1) of Schedule 2 State services sterile area subpart 2 Part 5 section 133 substantial customer Part 7 section 219 successive carrier subpart 3 Part 8 section 269(1) TAIC tariff subpart 2 Part 6 section 194 testable drug subpart 6 Part 4 section 113 thing subpart 2 Part 5 section 133 unruly passenger offence
a: means an offence against subpart 20 Part 9
b: includes an offence to which section 391 Warsaw Convention subpart 2 Part 8 section 254
6: Meaning of accident
1: In this Act, unless the context otherwise requires, accident
a: in the case of an aircraft intended to be flown with any person on board, takes place between—
i: the time that any person boards the aircraft with the intention of flight; and
ii: the time that—
A: all persons on board have disembarked; and
B: the engine or any propellers or rotors have come to rest; and
b: in the case of an aircraft intended to be flown without any person on board, takes place between—
i: the time that the aircraft is ready to move with the purpose of flight; and
ii: the time that—
A: the aircraft comes to rest at the end of the flight; and
B: the primary propulsion system is shut down.
2: The occurrence must be one in which—
a: a person is fatally or seriously injured as a result of—
i: being in the aircraft; or
ii: direct contact with any part of the aircraft, including any part that has become detached from the aircraft; or
iii: direct exposure to jet blast; or
b: the aircraft sustains damage or structural failure that—
i: adversely affects the structural strength, performance, or flight characteristics of the aircraft; and
ii: would normally require major repair or replacement of the affected component; or
c: the aircraft is missing or is completely inaccessible.
3: Subsection (2)(a)
a: an injury that is self-inflicted or inflicted by another person; or
b: an injury to a stowaway hiding outside the areas normally available to passengers and crew.
4: In subsection (2)(b) damage or structural failure
a: engine failure or damage where the damage is limited to the engine (including its cowlings or its accessories); or
b: damage that is limited to propellers, wing tips, antennas, probes, vanes, tyres, brakes, wheels, fairings, panels, landing gear doors, windscreens, the aircraft skin (including small dents or puncture holes in the aircraft skin), minor damage to main rotor blades or landing gear, or damage resulting from hail or bird strikes (including holes in the radome).
7: Meaning of aviation place
1: In this Act, unless the context otherwise requires, aviation place
a: means a place where an activity is being carried out, or is customarily carried out, by or on behalf of an aviation participant acting in that capacity; and
b: includes—
i: an aircraft (whether or not in operation) and any aerodrome, navigation installation, or communications installation used specifically for aviation purposes:
ii: a place from which an aircraft is operated and any place where any aircraft, or any aeronautical product, is:
iii: a place where an aircraft, or any part of or debris from an aircraft, has fallen.
2: In this section, place
a: a vehicle, vessel, aircraft, ship, or other mobile structure; and
b: any waters and any installation on land, on the bed of any waters, or floating on any waters.
8: Meaning of officer
In this Act, unless the context otherwise requires, officer
a: means,—
i: if the body corporate is a company, any person occupying the position of a director of the company by whatever name called:
ii: if the body corporate is not a company, any person occupying a position in the body that is comparable with that of a director of a company; and
b: includes any other person occupying a position in relation to the activities of the body corporate that allows the person to exercise significant influence over the management of its activities (for example, a chief executive); but
c: does not include a Minister of the Crown acting in that capacity; and
d: to avoid doubt, does not include a person who merely advises or makes recommendations to a person referred to in paragraph (a) or (b) Application of civil aviation legislation
9: Application of civil aviation legislation
1: Except as provided in section 367 and subpart 20 Part 9
a: every person, aircraft, aerodrome, aeronautical product, and aviation-related service in New Zealand:
b: every New Zealand registered aircraft whether within or outside New Zealand:
c: every holder of an aviation document while outside New Zealand and exercising or purporting to exercise privileges accorded by that document:
d: every foreign registered aircraft operating in New Zealand.
2: Despite subsection (1)
a: transfer to the aeronautical authority in the country of a foreign operator all or part of the responsibility for a New Zealand registered aircraft operated by that foreign operator that the CAA or the Director has under civil aviation legislation:
b: vest in the CAA or the Director, as the case may require, all or part of the responsibility for foreign registered aircraft operated by a New Zealand operator that arises under civil aviation legislation:
c: grant exemptions from civil aviation legislation, relevant to any exercise of the Minister’s powers under this subsection.
3: Every New Zealand registered aircraft must, while being operated over the high seas, be operated in a manner that complies with the Rules of the Air contained in Annex 2 of the Convention.
4: A holder of an aviation document who, while outside New Zealand and exercising or purporting to exercise the privileges accorded by that document, commits an act or omission that would constitute an offence if it were committed in New Zealand—
a: is deemed to commit an offence under this Act; and
b: may be proceeded against in New Zealand as if the act or omission had occurred within New Zealand.
5: Subsection (4)
6: Nothing in this section requires a person or aircraft to breach or be operated in breach of a law of a foreign State that applies to or in respect of the person or aircraft.
7: Nothing in this Act limits the privileges or immunities of—
a: any foreign military aircraft; or
b: the officers and crew of any foreign military aircraft. 1990 No 98 s 4 Transitional, savings, and related provisions
10: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 Act binds the Crown
11: Act binds the Crown
1: This Act binds the Crown.
2: Except as otherwise expressly provided in civil aviation legislation or under any other Act, nothing in civil aviation legislation applies to the New Zealand Defence Force. 1990 No 98 s 3 Overview
12: Overview
1: This Part ( Part 1 accident aircraft aviation participant pilot-in-command
2: Part 2
a: sets out the general obligations of aviation participants:
b: sets out duties relating to pilots-in-command:
c: continues the CAA and provides for its composition, governance, objective, and functions:
d: provides for the Director of Civil Aviation and the Director’s functions and powers:
e: sets out regulatory functions, duties, and powers of the Secretary under the Act:
f: sets out matters relating to the role of Airways:
g: provides for the Register of Aircraft, Civil Aviation Records, and information services:
h: contains general offences and liability provisions ( see subpart 4
i: provides duties to notify accidents and incidents ( see subpart 5
3: Part 3
4: Part 4
a: processes for an aviation participant to obtain an aviation document if the rules provide that an aviation document is required for the person’s participation in the civil aviation system ( see subpart 1
b: the recognition in New Zealand of certain Australian air operator certificates, and the granting by the Director of authority to New Zealand air operators to conduct air operations to, from, or within Australia ( see subpart 2
c: certain key powers of the Director in relation to aviation document holders and aviation documents ( see subpart 3
d: offences relating to aviation documents ( see subpart 4
e: the requirements for, and powers relating to, medical certification ( see subpart 5
f: a regime for drug and alcohol management plans and testing ( see subpart 6
5: Part 5
a: the designation of aerodromes and navigation installations as security designated aerodromes and navigation installations:
b: the conducting of security checks by the Director of persons who are required under the rules to have a security check to perform their roles in the civil aviation system:
c: the authorisation of those who provide aviation security services at aerodromes and navigation installations:
d: the powers of aviation security officers and the Police in relation to aviation security at aerodromes and navigation installations:
e: the consequences, for persons travelling on aircraft, and other persons present at aerodromes or navigation installations, of failure to comply with aviation security requirements, including aviation security offences.
6: Part 6
a: licences for international air services and the requirements for licensees ( see subpart 1
b: authorisations by the Minister relating to international air carriage competition ( see subpart 2
c: a carbon offsetting and reduction scheme for international aviation (CORSIA) ( see subpart 3
7: Part 7
a: airport operators ( see subpart 2
b: the giving of regulatory airport spatial undertakings by airport operators in relation to space requirements at airports ( see subpart 3
c: the granting of exemptions by the Secretary to airport operators from the requirements of subparts 2 3 see subpart 4
d: the sale of alcohol to eligible passengers arriving at, or departing from, international airports in New Zealand ( see subpart 5
8: Part 8
a: provides for international carriage of passengers and goods by air consistent with, and in accordance with, relevant international conventions ( see subpart 2
b: provides for liability in the case of delay in respect of domestic carriage of passengers and goods by air ( see subpart 3
c: provides jurisdiction to New Zealand courts and the Disputes Tribunal in relation to liability claims against a carrier or any other person.
9: Part 9
a: inspection, monitoring, and enforcement powers of the Director, CAA, and inspectors ( see subparts 1 and 2
b: powers of the Director in relation to aerodromes, aircraft, and aeronautical products where the operation or use of those things may endanger people or property ( see subpart 3
c: powers to seize, detain, or destroy aircraft without a person on board that are operating in breach of the law or in a manner that may endanger people or property ( see subpart 4
d: powers of the Director to grant exemptions from compliance with regulations and rules ( see subpart 5
e: provisions for a person to give an enforceable undertaking in relation to contraventions of civil aviation legislation ( see subpart 6
f: the appointment of inspectors and response officers ( see subpart 7
g: powers of entry of Airways ( see subpart 8
h: protections provided to people giving accident and incident notifications, implementing a policy approach known as just culture ( see subpart 9
i: protections against the use of flight data recordings against flight crew in criminal proceedings ( see subpart 10
j: provisions dealing with the consequences of a court disqualifying a person from obtaining or holding an aviation document ( see subpart 11
k: powers of a court to grant injunctions against breaches of civil aviation legislation ( see subpart 12
l: powers of the Minister to intervene on grounds of national security in relation to participation in the civil aviation system ( see subpart 13
m: general offences ( see subpart 14 see subpart 15
n: infringement offences ( see subpart 16 see subparts 17 19
o: unruly passenger offences ( see subpart 20
10: Part 10
a: powers to make regulations, airworthiness directives, and transport instruments ( see subparts 1 3
b: the application of the Cape Town Convention and Aircraft Protocol in New Zealand ( see subpart 4
c: provisions establishing a process for an applicant to review certain decisions made by the Director under this Act or a person to whom the Director has delegated powers or functions under this Act:
d: provisions conferring rights of appeal under the Act ( see subpart 6
e: provisions about the delegation of powers and functions of the Minister and the Director, the disclosure or publication of information, and information sharing ( see subpart 7
f: consequential and other amendments to other legislation, repeals, and revocations.
11: This section is only a guide to the provisions of this Act.
2: Functions, powers, and duties of participants in civil aviation system
1: Aviation participants
General requirements relating to aviation participants
13: General requirements for aviation participants
1: An aviation participant must comply with—
a: civil aviation legislation; and
b: the conditions attached to any aviation document held by the aviation participant.
2: An aviation participant who does anything for which an aviation document is required must ensure that they hold—
a: all the necessary qualifications; and
b: the appropriate aviation documents; and
c: other necessary documents.
3: An aviation participant must ensure that the activities or functions for which an aviation document has been issued are carried out by the aviation participant, and all persons for whom the aviation participant is responsible, safely and in accordance with the relevant prescribed safety and security standards and practices.
4: An aviation participant who holds an aviation document that authorises the provision of a service within the civil aviation system—
a: must, if required under the rules, establish and follow a management system that will ensure compliance with the relevant prescribed safety and security standards and the conditions attached to the aviation document; and
b: must provide training and supervision to all employees of the aviation participant who are doing anything to which the document relates, so as to maintain compliance with the relevant prescribed safety and security standards and the conditions attached to the aviation document and to promote safety and security; and
c: must provide sufficient resources to ensure compliance with the relevant prescribed safety and security standards and the conditions attached to the aviation document. 1990 No 98 s 12 Provisions relating to pilots-in-command
14: Duties of pilot-in-command
1: A pilot-in-command is responsible for—
a: the safe operation of the aircraft; and
b: the safety and well-being of all passengers and crew; and
c: the safety of the cargo carried.
2: The pilot-in-command has final authority to control the aircraft while in command and for the maintenance of discipline by all persons on board the aircraft.
3: The pilot-in-command is responsible for compliance with all relevant requirements of civil aviation legislation.
4: Subsection (3) sections 15 16 1990 No 98 s 13
15: Duties of pilot-in-command in emergencies arising in flight
1: In an emergency arising in flight, the pilot-in-command may breach civil aviation legislation only if the pilot-in-command is satisfied that—
a: the emergency involves a danger to life or property; and
b: the extent of the breach goes only as far as is necessary to deal with the emergency; and
c: there is no other reasonable means of alleviating, avoiding, or assisting with the emergency; and
d: the degree of danger involved in complying with the provision is clearly greater than the degree of danger involved in deviating from it.
2: If the pilot-in-command breaches civil aviation legislation in accordance with this section, the pilot-in-command must—
a: immediately notify the relevant air traffic control service of the breach; and
b: as soon as practicable, notify the Director of the breach and the circumstances that necessitated it; and
c: if requested by the Director, provide to the Director a written report in respect of the breach. 1990 No 98 s 13A(1), (2), (6)
16: Duties of pilot-in-command and operator in emergencies not arising in flight
1: In an emergency not arising in flight, the pilot-in-command of the aircraft or the operator of the aircraft may breach civil aviation legislation only if—
a: the emergency involves a danger to life or property that necessitates the urgent transportation of persons or medical or other supplies for the protection of life or property; and
b: the extent of the breach goes only as far as is necessary to deal with the emergency; and
c: there is no other reasonable means of alleviating, avoiding, or assisting with the emergency; and
d: the degree of danger involved in deviating from the prescribed requirement is clearly less than the degree of risk in failing to attend to the emergency.
2: Nothing in this section permits—
a: the operation of an aircraft that is not registered in New Zealand or elsewhere; or
b: the breach of any prescribed requirement as to the airworthiness of an aircraft; or
c: the operation of an aircraft by a person who is not lawfully entitled to operate that aircraft.
3: If the pilot-in-command or the operator breaches civil aviation legislation in accordance with this section, the pilot-in-command or the operator (as the case may be) must—
a: immediately notify the relevant air traffic control service of the breach; and
b: as soon as practicable, notify the Director of the breach and the circumstances that necessitated it; and
c: if requested by the Director, provide to the Director a written report in respect of the breach. 1990 No 98 s 13A(3)–(6)
17: Failure to notify emergency breach of civil aviation legislation
1: A pilot-in-command who, without reasonable excuse, fails to comply with section 15(2) 16(3)
2: A person who commits an offence against subsection (1) 1990 No 98 s 52A
18: Identification of pilot-in-command
1: If a pilot-in-command of an aircraft is alleged to have committed an offence under this Act, the Director or a constable may—
a: inform the operator of the aircraft or the holder of the certificate of registration for the aircraft of the alleged offence; and
b: require that person to give all information in that person’s possession or reasonably obtainable by that person that may lead to the identification of the pilot-in-command.
2: The requirement under subsection (1)(b)
3: The operator or holder of the certificate of registration (as the case may be) must give the required information to the Director or a constable—
a: on demand; or
b: within 10 working days if—
i: the information is not in the person’s possession; or
ii: the person is unable to give the required information on demand.
4: Subsection (1) 1990 No 98 s 26A
19: Failure to provide identifying information
1: An operator of an aircraft or holder of a certificate of registration who, without reasonable excuse, fails to comply with section 18
2: An operator or holder of a certificate of registration who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $30,000:
b: in the case of any other person, to a fine not exceeding $100,000. 1990 No 98 s 52C
2: Regulatory roles
CAA
20: Civil Aviation Authority of New Zealand continued
1: There continues to be an authority known as the Civil Aviation Authority of New Zealand.
2: The CAA is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
3: The Crown Entities Act 2004 applies to the CAA except to the extent that this Act expressly provides otherwise. 1990 No 98 s 72A(1)–(1B), (10)
21: Board of CAA
1: The Minister must appoint at least 5, but no more than 7, persons as members of the board.
2: Without limiting section 29 of the Crown Entities Act 2004, the Minister may appoint a person as a member if the Minister considers the person will represent the public interest in civil aviation.
3: Before appointing 2 of the members, the Minister must request, from the organisation or organisations that the Minister considers represent those who have a substantial interest in the civil aviation industry in New Zealand, the names of persons the organisation or organisations consider proper candidates for appointment to the board.
4: A person may hold office as a member of the board concurrently with any other office, except any office or appointment under the Transport Accident Investigation Commission Act 1990.
5: Neither the Director nor any other employee of the CAA may be a member of the board. 1990 No 98 s 72A(4)–(8)
22: Objective of CAA
The main objective of the CAA is to undertake its functions to facilitate the operation of a safe and secure civil aviation system.
23: Functions of CAA
The CAA has the following functions:
a: to promote civil aviation safety and security in New Zealand:
b: to contribute to establishing, implementing, operating, delivering, monitoring, investigating, and enforcing the regulation of the civil aviation system:
c: to promote civil aviation safety and security beyond New Zealand in accordance with New Zealand’s international obligations:
d: to provide and oversee a service to be called the Aviation Security Service, which has the functions and duties specified in section 138
e: to investigate and review civil aviation accidents and incidents in its capacity as the responsible safety and security authority (subject to the limitations set out in section 14(3) of the Transport Accident Investigation Commission Act 1990):
f: to notify TAIC in accordance with section 50
g: to maintain and preserve records and documents relating to activities within the civil aviation system, and in particular to maintain the New Zealand Register of Aircraft and the Civil Aviation Records:
h: to ensure the collection, publication, and provision of charts and aeronautical information, and to enter into arrangements with any other person or organisation to collect, publish, and distribute the charts and information:
i: to appoint and oversee the performance of the Director, including by ensuring that the Director performs efficiently and effectively:
j: to provide to the Minister the information and advice that the Minister may at any time require:
k: to advise, assist, or co-operate with, or to provide advice and assistance to, any government agency or local government agency, including sharing information under section 466
l: to issue warnings, reports, and guidance, and to comment about any matter relating to the civil aviation system and its participants or any other persons engaged with the civil aviation system:
m: to provide or support the provision of information and advice with respect to civil aviation, and to foster appropriate information education programmes or research with respect to civil aviation:
n: to enter into technical or operational arrangements, or both, with civil aviation authorities of other countries:
o: to publish its regulatory strategy in accordance with section 27
p: to perform any additional function that the Minister directs under section 112 of the Crown Entities Act 2004:
q: to carry out and exercise the functions, powers, or duties that are conferred or imposed on it under this Act or under any other Act:
r: any functions that are incidental and related to, or consequential on, the CAA’s functions in paragraphs (a) to (q) 1990 No 98 s 72B(1)
24: Duties of CAA in relation to search and rescue
The CAA must, if directed to do so by the Minister under section 199A
a: operate and maintain the search and rescue co-ordination centre established under section 199(1)(a)
b: co-ordinate, or participate in the co-ordination of, any search and rescue operation specified in section 199(1)(a)
c: perform, or participate in the performance of, any search and rescue operation specified in section 199(1)(a)
d: exercise any or all of the powers of the Minister under section 199(1)(b) and (c) and (2) 1990 No 98 s 72B(2A)
25: CAA to maintain separate accounts in respect of AvSec
The CAA must maintain separate accounts in respect of AvSec. 1990 No 98 s 72B(3B)
26: CAA to consider delegating or contracting out of functions and powers
Subject to this Act, the CAA must, in the course of performing its functions and exercising its powers, consider whether it could most efficiently and effectively perform those functions and exercise those powers by means of its own operations or by delegating or contracting out those operations to appropriate persons. 1990 No 98 s 72E
27: CAA must adopt and publish regulatory strategy
1: The CAA must adopt a regulatory strategy that sets out how the CAA and the Director will perform their regulatory functions—
a: under civil aviation legislation; and
b: under any other Acts that confer significant regulatory functions upon the CAA or the Director.
2: The strategy must include the following matters:
a: key areas of focus, including the key risks being targeted within those areas; and
b: the regulatory approach to be adopted, including in relation to monitoring, enforcement, and compliance; and
c: how performance will be assessed; and
d: a summary of how the strategy will be updated and reviewed.
3: The CAA must make a copy of the strategy publicly available.
28: Engagement charter
1: The CAA must at all times have and make available to the public an engagement charter including (but not limited to)—
a: a statement by the CAA of the standards of service that the public can expect to apply to the carrying out of functions of the CAA and the Director under this Act; and
b: details of the procedures to be followed under the engagement charter by a person who alleges that the standards were not met; and
c: details of the remedies that are available under the engagement charter to the person affected where the person establishes to the satisfaction of the CAA that the standards were not met; and
d: provision for the appointment by the CAA of an appropriate independent person to assist in the resolution of disputes arising in respect of alleged failures to meet the standards of service specified in the engagement charter.
2: The CAA, the Director, any employee or agent of the CAA, and any agent of the Director have a public duty to observe the provisions of the engagement charter.
3: The CAA may, in writing, amend the engagement charter, and must make the amendments available to the public.
4: Nothing in the engagement charter limits or restricts any right to make any complaint or to bring any proceedings under any Act or rule of law. 1990 No 98 s 72G
29: Use of words Civil Aviation Authority or CAA
1: No person other than the CAA may, either alone or with another person, be incorporated or registered under other legislation, trade or carry on business, or perform the functions for which it was formed—
a: under a name that contains the words Civil Aviation Authority CAA
b: under a name that so resembles the words Civil Aviation Authority CAA
2: Subsection (1) 1990 No 98 s 72H
30: Use of words Aviation Security Service or AvSec
1: No person other than AvSec may, either alone or with another person, be incorporated or registered under other legislation, trade or carry on business, or perform the functions for which it was formed—
a: under a name that contains the words Aviation Security Service AvSec
b: under a name that so resembles the words Aviation Security Service AvSec
2: Subsection (1) 1990 No 98 s 72N Director of Civil Aviation
31: Director of Civil Aviation
1: The board of the CAA, after consulting the Minister, must from time to time appoint a Director of Civil Aviation.
2: The board of the CAA must also appoint the Director as chief executive of the CAA in accordance with section 117 of the Crown Entities Act 2004.
3: Section 117(1) of the Crown Entities Act 2004 applies to the term of office of the Director. 1990 No 98 s 72I(1)
32: Functions and powers of Director
1: The Director has and may perform or exercise—
a: the functions, powers, and duties that may be conferred or imposed directly on the Director under this or any other Act; and
b: the functions and powers delegated to the Director by the board of the CAA under this Act or any other Act.
2: Without limiting subsection (1)
a: providing leadership within the CAA in relation to those matters for which the CAA or the Director is responsible; and
b: exercising control over entry into, activities within, and exit from the civil aviation system through aviation documents or other instruments; and
c: monitoring and investigating the performance and competence of aviation participants; and
d: monitoring, investigating, and enforcement in relation to matters under civil aviation legislation; and
e: monitoring and evaluating the performance of AvSec and any person who carries out functions within the civil aviation system in a regulatory capacity; and
f: ensuring regular reviews of the civil aviation system to promote the main and additional purposes of this Act; and
g: entering into arrangements with CASA for the purpose of giving effect to the ANZA mutual recognition agreements; and
h: issuing warnings, reports, or guidance, or making comment, about—
i: any matter relating to civil aviation; or
ii: 1 or more aviation participants; or
iii: 1 or more persons who engage in conduct in relation to civil aviation; and
i: co-operating with, or providing advice and assistance to, any government agency, local government agency, or aviation participant.
3: The Director’s independent functions are to—
a: issue, suspend, revoke, and impose conditions on aviation documents and medical certificates:
b: grant exemptions under this Act:
c: carry out any enforcement responsibilities conferred on the Director under this or any other Act.
4: When performing a function referred to in subsection (3)
a: the Director must act independently; and
b: the Minister, the board of the CAA, and the Secretary must not give directions to the Director in relation to performing that function. 1990 No 98 s 72I(2), (3), (3D), (4)
33: Acting Director of Civil Aviation
1: Subsection (2)
a: the Director is absent from duty (from whatever cause arising); or
b: there is a vacancy in the position of Director (whether by reason of death, resignation, or otherwise).
2: All or any of the powers and duties of the Director may be exercised and performed by—
a: any other employee for the time being directed by the CAA to exercise and perform them; or
b: any other person for the time being appointed by the CAA to exercise and perform them.
3: Subsection (2)
4: No direction or appointment under this section, and no acts done by any employee or other person acting under a direction or appointment, may in any proceedings be questioned on the ground that—
a: the occasion for the direction or appointment had not arisen or had ceased; or
b: the employee or other person has not been appointed to any position to which the direction or appointment relates.
5: No person employed within AvSec may be given any direction or appointment by the CAA under this section without the prior written approval of the Minister. 1990 No 98 s 72J Regulatory functions, duties, and powers of Secretary
34: Regulatory functions, duties, and powers of Secretary
The Secretary has the following regulatory functions, duties, and powers under this Act:
a: the functions or powers that may be conferred or imposed on or delegated to the Secretary under any other provisions of this Act, including under—
i: Part 6
ii: Part 7
iii: Part 8
iv: sections 409 to 412
b: monitoring, investigating, and enforcement in relation to the matters in paragraph (a)
c: issuing reports or guidance, or making comment, about—
i: any matter relating to civil aviation; or
ii: 1 or more aviation participants; or
iii: 1 or more persons who engage in conduct in relation to civil aviation; and
d: collecting, analysing, and publishing statistics and other information relating to any of the main and additional purposes of this Act, including as provided in regulations made under subpart 1 of Part 10
e: co-operating with, or providing advice and assistance to, any government agency, local government agency, or aviation participant; and
f: any functions or powers that are incidental and related to, or consequential on, the Secretary’s functions or powers in paragraphs (a) to (e). Airways
35: Airways may be sole provider of certain airways services
1: The Minister may, by notice in the Gazette
a: area control services:
b: approach control services:
c: flight information services.
2: Before giving a notice under subsection (1)
a: the Minister must have regard to the main and additional purposes of this Act; and
b: the Minister must consult with any person who already holds an aviation document entitling the person to provide all or any of the services specified in subsection (1)(a) to (c)
3: This section does not apply to aerodrome control services or aerodrome flight information services. 1990 No 98 s 99
3: Registries and information services
36: New Zealand Register of Aircraft
The CAA must—
a: maintain the New Zealand Register of Aircraft in accordance with prescribed requirements (if any); and
b: enter in the register the details, as may be prescribed, of every aircraft for which a certificate of registration has been issued by the Director under section 37(2) 1990 No 98 s 73
37: Requirement to register aircraft
1: This section applies to a person lawfully entitled to the possession for a period of 28 days or longer of an aircraft that flies to, from, within, or over New Zealand territory.
2: Except as otherwise provided in this Act or the rules, the person must apply to register that aircraft and hold a valid certificate of registration for that aircraft issued by any of the authorities mentioned in subsection (3)
3: The authorities are as follows:
a: the Director:
b: the appropriate aeronautical authorities of a contracting State of ICAO:
c: the appropriate aeronautical authorities of another State that is a party to an agreement with the Government of New Zealand or the CAA that provides for the acceptance of each other’s registrations.
4: No aircraft may be, or remain, registered in New Zealand if it is registered in any other country.
5: The Director may, in accordance with any requirements of the rules, decline an application to register any aircraft.
6: A person may appeal against a decision under this section to the District Court under section 453 1990 No 98 s 6
38: Civil Aviation Records
1: The CAA must maintain and provide access to the Civil Aviation Records in accordance with prescribed requirements (if any).
2: Copies or appropriate evidence of the following must be recorded and maintained in the Civil Aviation Records:
a: every current aviation document:
b: every Australian AOC with ANZA privileges:
c: the New Zealand Register of Aircraft:
d: all information provided under section 73
e: any material incorporated into secondary legislation by reference under section 428
f: every accident and incident notification given under section 49
g: every airworthiness directive issued by the Director under section 429
h: every delegation, authorisation, and exemption granted in writing under this Act:
i: the address for service of every current applicant for an aviation document and of every current aviation document holder:
j: all information provided under section 39
k: the current engagement charter:
l: a reviewer’s report under section 447(5)
m: a final decision made by the Director under section 448
3: Documents kept in the Civil Aviation Records must be made available by the CAA, in accordance with the Official Information Act 1982,—
a: for inspection by the public free of charge; and
b: for copying in accordance with that Act.
4: Nothing in subsection (3) Privacy Act 2020 1990 No 98 s 74
39: Information services
1: The CAA must ensure provision of an information service that comprises the collection and provision of—
a: aeronautical information; and
b: instructions relating to the safety, regularity, and efficiency of air navigation.
2: The CAA must ensure that the information and instructions are readily available to any person on payment of a reasonable charge fixed by the CAA. 1990 No 98 s 75
4: General offences and liability provisions
40: Operating aircraft in careless manner
1: A person who operates any aircraft in a careless manner commits an offence.
2: A person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $30,000:
b: in the case of any other person, to a fine not exceeding $100,000.
3: This section is in addition to and does not limit the regulations or rules. 1990 No 98 s 43A
41: Dangerous activity involving aircraft, aeronautical product, or aviation-related service
1: No person may—
a: operate, maintain, or service an aircraft, aerodrome, or aeronautical product, or provide an aviation-related service, in a manner that causes unnecessary danger to any other person or to any property; or
b: do any other act in respect of an aircraft, aerodrome, aeronautical product, or aviation-related service in a manner that causes unnecessary danger to any other person or to any property; or
c: cause or permit an aircraft, aerodrome, or aeronautical product to be operated, maintained, or serviced, or an aviation-related service to be provided, in a manner that causes unnecessary danger to any other person or to any property; or
d: cause or permit any other act to be done in respect of an aircraft, aerodrome, aeronautical product, or aviation-related service in a manner that causes unnecessary danger to any other person or to any property.
2: A person who contravenes subsection (1)
3: A person who contravenes subsection (1)
4: A person who commits an offence against subsection (2)
a: in the case of an individual, to a fine not exceeding $150,000:
b: in the case of any other person, to a fine not exceeding $1,500,000.
5: A person who commits an offence against subsection (3)
a: in the case of an individual, to imprisonment for a term not exceeding 5 years or to a fine not exceeding $300,000, or both:
b: in the case of any other person, to a fine not exceeding $3,000,000.
6: This section is in addition to and does not limit the regulations or rules. 1990 No 98 s 44
42: Operating aircraft in controlled airspace or restricted area without authorisation
1: A person commits an offence if the person, without reasonable excuse,—
a: intentionally operates an aircraft in controlled airspace or a restricted area; and
b: knows that the person does not hold, or is reckless as to whether the person holds, the appropriate authorisation to operate the aircraft in that airspace or area.
2: A person who commits an offence against subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000, or both:
b: in the case of any other person, to a fine not exceeding $100,000.
3: In this section, restricted area
43: Communicating false information affecting safety
1: A person commits an offence if the person—
a: by any means provides to another person information relating to—
i: the safety of an aircraft, aerodrome, aeronautical product, aviation-related service, or any other facility or product used in or connected with aviation; or
ii: the safety of any person associated with any thing referred to in subparagraph (i)
b: knows the information to be false or is reckless as to whether it is false.
2: A person who commits an offence against subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $120,000, or both:
b: in the case of any other person, to a fine not exceeding $1,000,000. 1990 No 98 s 56(1), (2)
44: Nuisance and trespass
1: No action lies in respect of nuisance or trespass, by reason only of the flight of aircraft over any property at a height above the ground that, having regard to wind, weather, and all the circumstances of the case, is reasonable, as long as the provisions of this Act and of the rules are complied with.
2: No action for nuisance may be brought in respect of the noise or vibration caused by aircraft or aircraft engines on an aerodrome if the noise or vibration is of a kind specified in the rules, as long as the provisions of the rules are complied with. 1990 No 98 s 97(1), (2)
45: Responsibility for damage
1: This section applies if material damage or loss is caused to property on land or water by—
a: an aircraft in flight, taking off, landing, or alighting; or
b: any person or article in, or falling from, an aircraft referred to in paragraph (a)
2: Damages are recoverable from the owner of the aircraft for the damage or loss, without proof of negligence or intention or other cause of action, as if the damage or loss were caused by the person’s fault.
3: Subsection (2)
4: Civil proceedings may be commenced in a court for recovery of damages under subsection (2)
5: If damage or loss is contributed to by the fault of the person who suffered the damage or loss, the provisions of the Contributory Negligence Act 1947 as to apportionment apply.
6: If the owner of an aircraft has hired the aircraft out to any other person for a period greater than 28 days and no pilot, commander, navigator, or operative member of the crew of the aircraft is in the employment of the owner, this section and sections 46 47
7: For the purposes of this section, fault 1990 No 98 s 97(3), (5), (7), (8)
46: Circumstances in which owner entitled to be indemnified for responsibility for damage
1: This section applies if damage or loss is caused in the manner described in section 45
a: damages are recoverable from the owner of the aircraft in respect of the damage or loss only because of the provisions of section 45
b: some person other than the owner is liable to pay damages in respect of the damage or loss.
2: The owner is entitled to be indemnified by the other person referred to in subsection (1)(b) section 45 1990 No 98 s 97(4)
47: Responsibility for damage by descent by parachute
1: This section applies if damage or loss is caused by a person descending from an aircraft by parachute.
2: Damages are not recoverable under section 46
3: Sections 45 46
4: This section does not apply in respect of damage or loss caused by a person descending from an aircraft by parachute where the descent is required to avoid injury or death. 1990 No 98 s 97(6)
48: Claim against Crown in respect of damage, loss, or injury due to service aircraft
1: This section applies if a claim is made against the Crown under the Crown Proceedings Act 1950 in respect of any damage, loss, or injury sustained or alleged to have been sustained by or through or in connection with the use of any service aircraft.
2: Despite section 11 sections 44 47
3: In this section, service aircraft 1950 No 54 s 9(3)
5: Duty to notify accidents and incidents
49: Duty to notify accidents and incidents to CAA
1: The pilot-in-command of an aircraft that is involved in an accident must notify the accident to the CAA as soon as practicable.
2: The requirement to notify an accident under subsection (1)
3: Every aviation participant who is involved in an incident must notify the incident to the CAA if required by, and in accordance with any requirements specified in, the rules.
4: If, due to injury or death, or where the aircraft is missing, the pilot-in-command is unable to give the necessary notification under subsection (1)
5: The co-ordinator of any search and rescue operation for any aircraft must notify the CAA of the operation as soon as practicable.
6: The CAA may, on being notified under subsection (1), (3), (4), or (5)
7: The pilot-in-command, operator, or person to whom a request is made under subsection (6)
8: See
a: subpart 9 Part 9
b: section 465 1990 No 98 s 26
50: Duty of CAA to notify accidents and incidents to TAIC
1: As soon as practicable after any accident or incident is notified to the CAA under section 49
a: an accident involving aircraft; or
b: a serious incident in accordance with the Convention.
2: If the CAA has been notified of a search and rescue operation under section 49(5) 1990 No 98 s 27
51: Failure to notify accident or incident
1: A pilot-in-command or other aviation participant who, without reasonable excuse, fails to comply with section 49(1), (3), (4), or (7)
2: A pilot-in-command or other aviation participant who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $30,000:
b: in the case of any other person, to a fine not exceeding $100,000. 1990 No 98 s 52B
3: Rules
1: Rules made by Minister or Governor-General
Power of Minister to make rules
52: Power of Minister to make rules
1: The Minister may make rules relating to civil aviation for all or any of the following purposes:
a: regulating aviation participants, aircraft, aeronautical products, and aviation places, and people and things carried, or to be carried, in aircraft:
b: regulating people, activities, and things in relation to the safety and security of civil aviation:
c: regulating the effect or potential effect of civil aviation on people, activities, and things:
d: providing for the implementation of New Zealand’s obligations under the Convention:
e: providing for anything this Act says may or must be provided for by rules:
f: providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
2: Nothing in sections 53 60
3: Rules made under this section are secondary legislation ( see
4: If, under the Legislation Act 2019, a rule is not required to be published, the Minister must serve a copy of it on the persons (if any) whom the Minister considers appropriate.
5: A rule to which subsection (4)
a: has effect only in relation to a person on whom it is served under subsection (4)
b: comes into force in relation to the person immediately after it is served on the person (even though it is not published).
6: Service under subsection (4) 1990 No 98 s 28(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 The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) However, if those regulations do not require it to be published, section 52(4) Presentation The Minister must present it to the House of Representatives, unless the exemption in Schedule 3 LA19 s 114 Sch 3 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
53: Rules relating to designation, classification, and certification
1: The Minister may make rules under section 52
a: aircraft:
b: aerodromes:
c: aeronautical products:
d: aviation-related services:
e: aviation participants:
f: aviation places.
2: The Minister may make rules for either or both of the following purposes:
a: to provide for the privileges of an air operator certificate to include conducting air operations in Australia:
b: to allow for the mutual recognition of safety certifications in accordance with the ANZA mutual recognition agreements. 1990 No 98 ss 28(1)(ab), 30(1)(a), (ca)
54: Rules relating to standards, specifications, restrictions, and licensing requirements
1: The Minister may make rules under section 52 section 53
a: the specification of the privileges, limitations, and ratings associated with licences or other forms of approval:
b: the setting of standards for training systems and techniques, including recurrent training requirements:
c: the setting of medical standards for personnel:
d: the requirement for proof of access to appropriate weather services:
e: the specification of standards of design, construction, manufacture, maintenance, processing, testing, supply, approval, and identification of aircraft and aeronautical products:
f: the requirements for notification of insurance coverage for air services:
g: the provision of information to the CAA or the Director by applicants for or holders of aviation documents:
h: the provision by aviation participants of information to any person (for example, information to passengers about rights under Part 8
i: the requirements relating to the classification of aviation examiners and medical examiners and any related standards and restrictions on the exercise of their functions and powers:
j: the requirements for the grant of delegations by the Director under clause 27
k: the requirements for the purposes of determining suitably qualified medical examiners and establishing the criteria for standard medical assessments under clause 27
l: the requirements and criteria for determining medical experts acceptable to the Director for the purposes of reaching an accredited medical conclusion.
2: The Minister may make rules under section 52 subpart 2 of Part 4
3: The Minister may make rules under section 52
a: prescribing the content or format, or both, of aviation documents, applications, and forms for other matters:
b: requiring the use of forms of aviation documents, applications, or forms for other matters where the content or format, or both, of those forms is prescribed or approved by the CAA or the Director. 1990 No 98 s 30(1)(b)
55: Rules relating to aviation documents
1: The Minister may make rules under section 52
a: New Zealand registered aircraft:
b: aerodromes:
c: aeronautical products:
d: aviation participants.
2: The requirements, standards, and application procedures for each aviation document, and the maximum period for which each document may be issued, must be prescribed by rules made under section 52
3: The Minister may make rules under section 52 section 75(1)(b)(ii) 77 1990 No 98 s 7(1), (2)
56: Rules relating to safety and security
The Minister may under section 52
a: rules providing for the use of aerodromes and other aviation-related facilities, including but not limited to the following:
i: the provision of identification procedures for persons, aircraft, and any other aviation-related things:
ii: the prevention of interference with aerodromes and other aviation-related facilities:
b: general operating rules, air traffic rules, and flight rules, including but not limited to the following:
i: the conditions under which aircraft may be used or operated, or under which any act may be performed in or from an aircraft:
ii: the prevention of the operation of aircraft in a manner that endangers people or property:
c: rules providing for the control of things likely to be hazardous to aviation safety, including but not limited to the following:
i: the safe carriage of firearms and other dangerous or hazardous goods or substances by air:
ii: the construction, use, or operation of anything likely to be hazardous to aviation safety:
d: rules providing for security tiers for aerodromes, including—
i: specifying security tiers in addition to tier 1; and
ii: providing for the security requirements applicable to tier 1 and any other security tier:
e: rules providing for security tiers for navigation installations and for the requirements applicable to each tier:
f: rules relating to security areas at aerodromes, including prescribing the persons or classes of persons who may enter, pass through, and remain in different types of security area. 1990 No 98 s 29
57: Rules relating to airspace
The Minister may make rules under section 52 1990 No 98 s 29A
58: Rules for noise abatement purposes
The Minister may make rules under section 52 1990 No 98 s 29B
59: Rules relating to national security
The Minister may make rules under section 52
a: on the basis of the type of activity for which the document is sought or particular circumstances relating to that activity:
b: on the basis of circumstances relating to an applicant or to any person who will conduct the activity for which the document is sought:
c: on any other differential basis.
60: Rules relating to other matters
The Minister may make rules under section 52
a: the definitions, abbreviations, and units of measurement to apply within the civil aviation system:
b: prescribing the design and colours of the New Zealand Civil Air Ensign, and where and by whom it may be flown:
c: providing for aviation meteorological services, search and rescue services, and civil aviation security programmes and services:
d: providing for the conditions of operation of foreign aircraft and international flights to, from, or within New Zealand. 1990 No 98 ss 28(1)(b), 30(1)(c), (d), (e)
61: Procedure for making rules
1: Before making a rule, the Minister must, as the Minister in each case considers appropriate,—
a: publish a notice of the Minister’s intention to make the rule and a statement specifying the objective of the rule; and
b: consult representative groups within the aviation industry or elsewhere, and any other persons.
2: Before making a rule, the Minister must—
a: be satisfied that the rule will, to the extent that is practicable, facilitate conformity with the applicable standards of ICAO relating to aviation safety and security; and
b: be satisfied that the rule is not inconsistent with New Zealand’s international obligations relating to aviation safety and security; and
c: have regard to, and give the weight that the Minister considers appropriate in each case, to the criteria specified in section 72 1990 No 98 s 34
62: Requirements relating to content of rules made by Minister
Every rule made by the Minister must—
a: be signed or otherwise authenticated by the Minister; and
b: contain a statement specifying the objective of the rule and the extent of any consultation under section 61 1990 No 98 s 32(1) Power of Governor-General to make rules
63: Governor-General may make rules
1: Despite anything in this Part, the Governor-General may, by Order in Council, on the recommendation of the Minister, make, amend, or revoke a rule for any of the purposes for which the Minister may make, amend, or revoke a rule under this Part.
2: Before making a recommendation under subsection (1)
a: be satisfied that the rule will, to the extent that is practicable, facilitate conformity with the applicable standards of ICAO relating to aviation safety and security; and
b: be satisfied that the rule is not inconsistent with New Zealand’s international obligations relating to aviation safety and security; and
c: have regard to, and give the weight that the Minister considers appropriate in each case to, the criteria specified in section 72
3: The Minister may amend or revoke a rule or an amendment to a rule made by Order in Council under subsection (1)
4: An order made under this section—
a: is secondary legislation; and
b: must be published as part of the rules as if the Minister had made the rule or the amendment to the rule.
5: An order made under this section—
a: is not required to be drafted by the PCO under section 67(d)(i) of the Legislation Act 2019; but
b: may be drafted by the PCO under an agreement under section 67(d)(iii) of that Act, and in that case, must be published as required by subsection (4)(b)
6: If, under the Legislation Act 2019, the order is not required to be published, the Minister must serve a copy of it on the persons (if any) whom the Minister considers appropriate.
7: An order to which subsection (6)
a: has effect only in relation to a person on whom it is served under subsection (6)
b: comes into force in relation to the person immediately after it is served on the person (even though it is not published).
8: Service under subsection (6) 1990 No 98 s 34A 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 accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) However, if those regulations do not require it to be published, section 63(6) Presentation The Minister must present it to the House of Representatives, unless the exemption in Schedule 3 LA19 s 114 Sch 3 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Provisions concerning rules made by Minister or Governor-General
64: Provisions concerning rules made by Minister or Governor-General
1: This section and sections 65 66
2: A rule may apply generally or with respect to different classes of persons, aircraft, aerodromes, aeronautical products, aviation participants, or aviation-related services or with respect to the same class of persons, aircraft, aerodromes, aeronautical products, aviation participants, or aviation-related services in different circumstances.
3: A rule may apply generally throughout New Zealand or within any specified part or parts of New Zealand.
4: The commencement of a rule may be wholly suspended until it is applied by the Minister by notice.
5: Any rule may, on any terms and conditions that are specified in the rule,—
a: require or provide for a matter to be determined, undertaken, or approved by the CAA, the Director, or any other person; or
b: empower the CAA, the Director, or any other person to impose requirements or conditions as to the performance of any activity, including (but not limited to) any procedures to be followed.
6: To avoid doubt, the terms and conditions specified in a rule may provide for—
a: consultation to be undertaken before the exercise of any of the powers given to the CAA, the Director, or any other person by the rule; or
b: public notice to be given of the exercise of any powers; or
c: any other matter.
7: A notice made under subsection (4) see
8: If, under the Legislation Act 2019, a notice made under subsection (4)
9: A notice to which subsection (8)
a: has effect only in relation to a person on whom it is served under subsection (8)
b: comes into force in relation to the person immediately after it is served on the person (even though it is not published).
10: Service under subsection (8) 1990 No 98 s 28(2)–(5A) 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 accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) However, if those regulations do not require it to be published, section 64(8) Presentation The Minister must present it to the House of Representatives, unless the exemption in Schedule 3 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.
65: Rule prevails over bylaw if bylaw inconsistent or repugnant
If a bylaw of a local authority is inconsistent with or repugnant to any rule made under this subpart that is in force in the same locality, the rule prevails to the extent of the inconsistency. 1990 No 98 s 28(7), (8)
66: Offences for breaches of rules
1: No breach of a rule constitutes an offence against this Act unless that offence is prescribed in the regulations.
2: This section is subject to the following sections:
a: section 51(2)
b: section 398(2)
c: section 400(2)
d: section 403(2) 1990 No 98 s 28(6)
2: Emergency rules made by Director
Power of Director to make emergency rules
67: Power of Director to make emergency rules
1: Subject to subsection (2) section 69
2: The Director must not make emergency rules unless it is impracticable in the circumstances of the particular case for the Minister to make rules to effectively alleviate or minimise the risk concerned.
3: The Minister may revoke any emergency rule made under subsection (1)
4: The following are secondary legislation ( see
a: emergency rules under subsection (1)
b: a revocation under subsection (3)
5: If, under the Legislation Act 2019, an emergency rule or a revocation is not required to be published, the Director must serve a copy of it on the persons (if any) whom the Director considers appropriate.
6: If subsection (5)
a: it has effect only in relation to a person on whom it is served under subsection (5)
b: it comes into force in relation to the person immediately after it is served on the person (even though it is not published).
7: Service under subsection (5) 1990 No 98 s 31(1)–(3) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) However, if those regulations do not require it to be published, section 67(5) Presentation The Minister must present it to the House of Representatives, unless the exemption in Schedule 3 LA19 s 114 Sch 3 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Provisions concerning emergency rules made by Director
68: Procedures relating to rules made by Director
Every emergency rule must—
a: be signed or otherwise authenticated by the Director; and
b: contain a statement specifying the objective of the rule and the extent of the consultation under section 69
c: set out fully the requirements of the rule, except where certain information is, under section 428 1990 No 98 s 32(2)
69: Procedure for making emergency rules
1: Before making an emergency rule, the Director must consult with any persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies that the Director in each case considers appropriate.
2: Before making an emergency rule, the Director must—
a: be satisfied that the rule—
i: will, to the extent that is practicable, facilitate conformity with the applicable standards of ICAO relating to aviation safety and security; and
ii: is not inconsistent with New Zealand’s international obligations relating to aviation safety and security; and
b: have regard to, and give the weight that the Director considers appropriate in each case to, the criteria specified in section 72 1990 No 98 s 35(1)
70: Duration of emergency rule
1: An emergency rule may be in force for a period not exceeding 90 days, and may be renewed by the Director once only for a further period not exceeding 30 days.
2: The Minister may, by notice, at any time while an emergency rule is in force in accordance with subsection (1) subsection (3)
3: Before extending the duration of an emergency rule under subsection (2)
4: A notice made under subsection (2) see
5: If, under the Legislation Act 2019, a notice made under subsection (2)
6: A notice to which subsection (5)
a: has effect only in relation to a person on whom it is served under subsection (5)
b: comes into force in relation to the person immediately after it is served on the person (even though it is not published).
7: Service under subsection (5) 1990 No 98 s 35(5), (5A), (5B), (6) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) However, if those regulations do not require it to be published, section 70(5) Presentation The Minister must present it to the House of Representatives, unless the exemption in Schedule 3 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.
71: Emergency rule prevails if inconsistent with rule made under subpart 1
To the extent that an emergency rule is inconsistent with or repugnant to a rule made by the Minister or Governor-General under subpart 1 1990 No 98 s 35(6)
3: General provisions
72: Criteria that Minister and Director must have regard to before making rules or emergency rules
The criteria referred to in sections 61(2)(c), 63(2)(c), and 69(2)(b)
a: the main and additional purposes of this Act:
b: the recommended practices of ICAO relating to aviation safety and security:
c: the level of risk existing to aviation safety in each proposed activity or service:
d: the nature of the activity or service for which the rule is being established:
e: the level of risk existing to aviation safety and security in New Zealand in general:
f: the need to maintain and improve aviation safety and security, including (but not limited to) personal security:
g: the costs of implementing measures for which the rule is being proposed:
h: the international circumstances in respect of—
i: aviation safety and security; and
ii: mutual recognition of safety certifications in accordance with the ANZA mutual recognition agreements:
i: any other matters that the Minister or, as the case may be, the Director considers appropriate in the circumstances. 1990 No 98 s 33
4: Aviation documents, medical certification, and drug and alcohol testing
1: Requirements for aviation documents
73: Application for aviation document
1: An application for the grant or renewal of an aviation document must be made to the Director and be in accordance with the requirements of the rules.
2: The applicant must include in the application the applicant’s address for service in New Zealand and any other contact details required by the Director.
3: The holder of an aviation document must promptly notify the Director of any changes to the address for service, the contact details required by the Director under subsection (2)
4: Service of any notice under this Act on a holder of, or an applicant for, an aviation document is effective service if served on the address last provided by that holder or applicant under this section. 1990 No 98 s 8
74: Application requiring national security assessment
If an application for the grant or renewal of an aviation document falls within a category of applications specified in the rules as requiring a national security assessment, the Director must refer the application to the Minister for consideration in accordance with section 355
75: Grant or renewal of aviation document
1: After considering any application for the grant or renewal of an aviation document, the Director must, as soon as practicable, grant the application if the Director is satisfied that—
a: all things in respect of which the document is sought meet the relevant prescribed requirements; and
b: the applicant and any person who will have or is likely to have control over the exercise of the privileges under the document—
i: either holds the relevant prescribed qualifications and has the prescribed experience or holds foreign qualifications that are acceptable to the Director under section 76
ii: is, as determined in accordance with section 80
iii: meets all other relevant prescribed requirements; and
c: in the case of a New Zealand AOC with ANZA privileges,—
i: the requirements in section 91(2)
ii: the applicant meets or will meet the conditions in section 91(4)
d: it is not contrary to the interests of aviation safety and security for the document to be granted or renewed.
2: Despite subsection (1) section 74
a: the Minister issues a notice under section 355(2)(a) or (b)
b: the Minister notifies the Director that the Minister will not issue a notice under section 355(2)(a) or (b)
c: 6 months has elapsed from the date on which the Director referred the application to the Minister under section 74
3: If the Minister directs under section 355(2)(a)
4: If the Minister directs under section 355(2)(b) subsection (1)
5: Subsection (1)(b)(ii) 1990 No 98 s 9(1)
76: Director may take into account foreign qualifications and certifications
For the purpose of granting or renewing an aviation document, the Director may, subject to any relevant provisions in the rules, accept any foreign qualifications or recognise any foreign certifications that the Director considers appropriate in each case. 1990 No 98 s 9(2)
77: Condition of aviation document that holder, etc, continues to satisfy fit and proper person test
1: It is a condition of every current aviation document that the holder and any person who has or is likely to have control over the exercise of the privileges under the document must continue to satisfy the fit and proper person test specified in section 75(1)(b)(ii)
2: This section does not apply in relation to an aviation document if the aviation document is in a class specified in the rules as one to which section 75(1)(b)(ii) 1990 No 98 s 9(3)
78: Duration and conditions of aviation document
1: Subject to the rules, an aviation document may be issued by the Director for such specified period and subject to the conditions that the Director considers appropriate in each case.
2: A person in respect of whom a decision is made under this section may appeal against the decision to the District Court under section 453 1990 No 98 s 7(3), (4)
79: Right of appeal
1: If the Director declines to grant an application under section 75 section 453
2: This section is subject to section 357 1990 No 98 s 9(4)
80: Fit and proper person test
1: For the purpose of determining whether a person is a fit and proper person for any purpose under this Act, the Director must, having regard to the degree and nature of the person’s proposed involvement in the New Zealand civil aviation system, have regard to, and give the weight that the Director considers appropriate to, the following matters:
a: the person’s history of compliance with transport safety and transport security requirements, whether inside or outside New Zealand:
b: the person’s related experience (if any) within the transport industry:
c: the person’s knowledge of the applicable civil aviation system regulatory requirements:
d: any history of physical or mental health problems or serious behavioural problems of the person:
e: the person’s use of drugs or alcohol:
f: any conviction of the person for a transport safety offence or an offence under the Health and Safety at Work Act 2015, whether or not—
i: the conviction was in a New Zealand court; or
ii: the offence was committed before the commencement of this Act:
g: any evidence that the person has committed a transport safety offence or has contravened or failed to comply with civil aviation legislation:
h: if a New Zealand AOC with ANZA privileges applies, the person’s compliance with the conditions specified in section 91(4)
2: The Director is not confined to consideration of the matters specified in subsection (1)
3: The Director may, for the purpose of determining whether a person is a fit and proper person for any purpose under this Act,—
a: seek and receive any information (including medical reports) that the Director thinks fit; and
b: consider information obtained from any source.
4: Nothing in the Privacy Act 2020 subsection (3)
5: Subsection (1)
a: subsection (1)(a), (b), (c), (f), and (g)
b: subsection (1)(d) and (e) 1990 No 98 s 10(1)–(4)
81: Disclosure of prejudicial information
1: If, under section 80(1) subsection (2) section 82
2: The Director may determine not to disclose the information if,—
a: in the case of non-disclosure to an individual of information about that individual, the Director could withhold the information under any of sections 49 to 53 of the Privacy Act 2020 had the information been requested by that individual under that Act; or
b: in any other case, the Director could withhold the information under section 6, 7, or 9 of the Official Information Act 1982 had the information been requested under that Act.
3: If, under subsection (2)(a)
a: the Director must—
i: inform the individual of the non-disclosure; and
ii: inform the individual that the individual may, under the Privacy Act 2020
b: the Privacy Act 2020
4: If, under subsection (2)(b)
a: the Director must—
i: inform the person of the non-disclosure; and
ii: inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and
b: the Official Information Act 1982 applies to that non-disclosure as if, following a request under that Act for the information that is withheld, the information had been withheld under that Act. 1990 No 98 s 10(5)–(7)
82: Rights of persons affected by proposed adverse decisions
1: In this section and section 83 adverse decision affected document holder person directly affected section 453 person on the basis of whose character the adverse decision arises section 80
2: If the Director proposes to make an adverse decision under this Act in respect of any person, the Director, by notice in writing, must—
a: notify the person directly affected of the proposed decision; and
b: subject to subsection (4)
c: specify a date by which the person may make submissions to the Director in respect of the proposed decision, which must not be less than 21 days after the date on which the notice is given; and
d: where appropriate, specify the date on which the proposed decision will, unless the Director otherwise determines, take effect, being a date not less than 28 days after the date on which the notice is given; and
e: notify the person of the person’s right of appeal under section 453
f: specify any other matters that in any particular case may be required by this or any other Act.
3: If the Director gives a notice under subsection (2)
a: must also give a copy of the notice to—
i: any person on the basis of whose character the adverse decision arises, if the person is not the person directly affected by the proposed decision; and
ii: any affected document holder, if the Director considers that the proposed decision is likely to have a significant impact on the operations of the document holder; and
b: may supply a copy of the notice to any other affected document holder.
4: A notice or copy of a notice given under this section must not include or be accompanied by any information referred to in section 81(1)
a: the notice or copy is supplied to the person to whom the information relates; or
b: the person to whom the information relates consents to the supply of that information to any other person.
5: If any notice or copy of a notice is given to any person under this section, the person must ensure that all information that the person wishes the Director to consider in relation to the proposed decision is received by the Director within the period specified in the notice under subsection (2)(c)
6: The Director may request any further information from the person to whom the notice is given under this section, and may specify a reasonable time within which the information may be supplied. 1990 No 98 s 11(1)–(4), (5)(a)
83: Determination by Director as to whether to make adverse decision
1: The Director—
a: must consider any submissions made in accordance with section 82(5)
b: must consider any information provided in accordance with a request made under section 82(6)
c: if, and only if, the Director is satisfied that there are extenuating circumstances, may consider any information provided in accordance with section 82(5) section 82(6)
2: After considering the matters referred to in section 82(5) and (6) subsection (1)
a: finally determine whether to make the proposed adverse decision; and
b: as soon as practicable after making the determination, notify in writing the person directly affected, and any other person of a kind referred to in section 82(3)(a)
i: the Director’s decision and the grounds for the decision; and
ii: the date on which the decision will take effect; and
iii: in the case of an adverse decision, the consequences of that decision and any applicable right of appeal specified in section 79(1) 97(5) 98(6) 1990 No 98 s 11(5)(b), (c), (6)
84: Powers of Director in relation to examinations, etc
For the purposes of granting or renewing aviation documents under this Act, the Director may set, conduct, and administer examinations and tests, conduct flight testing, and carry out any other functions in relation to those examinations, tests, and flight testing that the Director considers may be necessary. 1990 No 98 s 72K
2: Australia New Zealand Aviation mutual recognition
85: Additional purpose of subpart
1: The purpose of this subpart (in addition to those set out in sections 3 4 ANZA
2: This section does not limit section 3 4 1990 No 98 s 11A Australian Air Operator’s Certificates with Australia New Zealand Aviation privileges
86: Holder of Australian Air Operator’s Certificate with ANZA privileges entitled to conduct air operations in New Zealand
1: The holder of an Australian AOC with ANZA privileges may conduct air operations to, from, or within New Zealand if the holder provides the Director with—
a: a copy of the Australian AOC with ANZA privileges; and
b: written notice of the following:
i: the details of all conditions imposed by CASA in relation to the Australian AOC with ANZA privileges; and
ii: the holder’s Australian address for service and other contact details as specified by the Director; and
iii: the holder’s New Zealand address for service and other contact details as specified by the Director; and
iv: any other prescribed information; and
c: the holder’s consent in writing to the making of inquiries to, and the exchange of information with, CASA regarding that holder’s civil aviation activities.
2: A holder of an Australian AOC with ANZA privileges must ensure that the Director is advised of every alteration to the Australian AOC with ANZA privileges or to the information provided by the holder to the Director within 7 days of the date on which the alteration is made. 1990 No 98 s 11B
87: New Zealand temporary stop notice
1: The Director may give the holder of an Australian AOC with ANZA privileges a written temporary stop notice that requires the holder to cease conducting all or any air operations in New Zealand for the period (which must not be more than 7 days) specified in the notice.
2: The Director may give a New Zealand temporary stop notice only if the Director considers that, as a result of the holder conducting all or any air operations in New Zealand, there is a serious risk to civil aviation safety in New Zealand.
3: Immediately on receiving a New Zealand temporary stop notice, the holder must cease conducting the air operations specified in the notice in New Zealand for the period specified in the notice.
4: The Director must not delegate the power to give or revoke a New Zealand temporary stop notice.
5: The Director may amend or revoke a New Zealand temporary stop notice before the period specified in that notice has expired.
6: The Director must revoke a New Zealand temporary stop notice if the CAA receives notification from CASA of the Director of CASA’s response to the New Zealand temporary stop notice. 1990 No 98 s 11C
88: Contents of New Zealand temporary stop notice
1: A New Zealand temporary stop notice must specify—
a: the reasons why the Director considers that there is a serious risk to civil aviation safety in New Zealand; and
b: the period for which the holder of the Australian AOC with ANZA privileges must cease conducting air operations in New Zealand.
2: Failure to comply with subsection (1) 1990 No 98 s 11D
89: Director to notify CASA about New Zealand temporary stop notice
As soon as practicable after giving a New Zealand temporary stop notice to the holder of an Australian AOC with ANZA privileges, the Director must give CASA a copy of the notice and any other information that CASA may require. 1990 No 98 s 11E New Zealand Air Operator’s Certificates with Australia New Zealand Aviation privileges
90: Requirements for New Zealand AOCs with ANZA privileges
1: Whenever the Director makes a decision under this Act in relation to a New Zealand AOC with ANZA privileges, the Director must take into account all relevant Australian and New Zealand regulatory requirements in relation to New Zealand AOCs with ANZA privileges.
2: In making a decision under this Act in relation to a New Zealand AOC with ANZA privileges, the Director—
a: must, if appropriate, consult CASA; and
b: may take into account any of the following that the Director receives from CASA:
i: advice:
ii: guidelines:
iii: recommendations:
iv: other relevant information. 1990 No 98 s 11F
91: Grant of New Zealand AOC with ANZA privileges
1: The Director may, in accordance with this Act and the rules, grant to an air operator in New Zealand an authorisation (a New Zealand AOC with ANZA privileges
2: Before the Director may grant a New Zealand AOC with ANZA privileges, the Director must—
a: be satisfied that the air operator will be conducting air operations to, from, or within New Zealand; and
b: receive from the licensing authority written confirmation that, if the New Zealand AOC with ANZA privileges is issued to the air operator, the licensing authority considers that the air operator will be eligible to conduct air operations in Australia under the air services arrangements in place between Australia and New Zealand; and
c: be satisfied that the air operator has complied with, or is capable of complying with, all the relevant requirements of the Civil Aviation Act 1988 (Aust) and regulations and civil aviation orders made under that Act that relate to safety; and
d: consult with CASA.
3: A New Zealand AOC with ANZA privileges may be granted by amending an appropriate existing aviation document or by granting an appropriate new aviation document.
4: A New Zealand AOC with ANZA privileges is subject to the conditions that the holder—
a: must conduct air operations to, from, or within New Zealand; and
b: must not hold an Australian AOC with ANZA privileges authorising the holder to conduct air operations that are covered by the New Zealand AOC with ANZA privileges; and
c: must comply with all the requirements of the Civil Aviation Act 1988 (Aust) and regulations and civil aviation orders made under that Act that apply to the holder; and
d: must undertake the supervision of its management systems from or within New Zealand; and
e: must ensure that the training and supervision of its employees is principally undertaken from or within New Zealand; and
f: must ensure that the majority of resources associated with the exercise of the privileges of the AOC are situated within New Zealand; and
g: must ensure that the people who control the exercise of the privileges of the AOC spend the majority of their time in New Zealand.
5: A New Zealand AOC with ANZA privileges may be issued on any other conditions that the Director considers appropriate.
6: In subsection (2) licensing authority section 174 1990 No 98 s 11G
92: Action by Director when CASA gives Australian temporary stop notice to holder of New Zealand AOC with ANZA privileges
1: After the Director receives notification from CASA that CASA has given the holder of a New Zealand AOC with ANZA privileges an Australian temporary stop notice, the Director must—
a: immediately consider the circumstances that gave rise to the giving of the notice; and
b: decide, as soon as practicable and in accordance with the ANZA mutual recognition agreements, whether the Director should—
i: suspend in whole or in part the New Zealand AOC with ANZA privileges under section 96 97
ii: revoke in whole or in part the New Zealand AOC with ANZA privileges under section 98
iii: impose conditions on the New Zealand AOC with ANZA privileges under section 96 97 98
iv: take any other action in relation to that New Zealand AOC holder.
2: The Director must notify CASA of the Director’s decision and of any action taken. 1990 No 98 s 11H
93: Change of country of certification
1: This section applies if the Director believes on reasonable grounds that—
a: it would be in the interests of Australian and New Zealand civil aviation safety for the holder of a New Zealand AOC with ANZA privileges to conduct air operations in the Australian civil aviation system; but
b: the holder is no longer able to comply with all the conditions specified in section 91(4)
2: The Director must—
a: consult with CASA; and
b: notify the holder—
i: that the Director believes on reasonable grounds that the holder is no longer able to comply with all the conditions specified in section 91(4)
ii: of the grounds for the Director’s belief; and
c: allow the holder at least 90 days from the date of the Director’s notification under paragraph (b)
3: If, after the process referred to in subsection (2)
a: amend the New Zealand AOC with ANZA privileges:
b: withdraw the privileges attaching to the AOC.
4: A person in respect of whom a decision is made under subsection (3) section 453 1990 No 98 s 11I
94: Delegation of Australian powers relating to Australian AOCs with ANZA privileges to employees of CAA
An employee of the CAA may, subject to any directions from the Director of CASA, perform any function or exercise any power delegated to that employee under the Civil Aviation Act 1988 (Aust) for the purpose of enabling that employee to perform the function or exercise the power in New Zealand in respect of Australian AOCs with ANZA privileges. 1990 No 98 s 11J
95: Failure to cease conducting air operations in New Zealand
1: A person who fails to comply with section 87(3)
2: A person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $60,000:
b: in the case of any other person, to a fine not exceeding $200,000. 1990 No 98 s 46E
3: Powers of Director in relation to aviation documents
96: Director may suspend, or impose conditions on, aviation document
1: The Director may suspend, in whole or in part, an aviation document issued under this Act or impose conditions on an aviation document if the Director considers the action is necessary in the interests of safety and security and if the Director—
a: considers the action is necessary to ensure compliance with civil aviation legislation; or
b: is satisfied that the holder has failed to comply with any conditions of an aviation document or with the requirements in section 13
c: is satisfied that the holder has contravened section 107(1)
d: considers that the privileges conferred on or the duties imposed on the holder by the document have been, or are being, carried out by the holder in a careless or incompetent manner; or
e: in the case of a holder of a New Zealand AOC with ANZA privileges, has received from the Director of CASA a copy of an Australian temporary stop notice given to the holder.
2: Without limiting subsection (1)
a: the Director may suspend an aviation document relating to the use of any aircraft or aeronautical product, or impose conditions on the aviation document, if the Director considers that there is reasonable doubt about the airworthiness of the aircraft or the quality or safety of the aeronautical product to which the document relates; and
b: the Director may suspend an aviation document relating to the provision of any aviation-related service, or impose conditions on the aviation document, if the Director considers that there is reasonable doubt about the quality or safety of the service to which the document relates.
3: The suspension of an aviation document and any conditions imposed remain in force until the Director determines what action, if any, referred to in section 97
4: However, any suspension or conditions expire 10 working days after the date on which the suspension or conditions are imposed unless, before the expiry of that 10-working-day period, the Director extends the suspension or conditions for a further specified period. 1990 No 98 s 17(1)–(3)
97: Further provisions in relation to suspension of, or imposition of conditions on, aviation document
1: This section applies if section 96
2: The Director may do 1 or more of the following:
a: impose conditions for a specified period:
b: withdraw any conditions (other than a condition imposed in response to a direction under section 355(2)(b)
c: suspend an aviation document for a specified period:
d: revoke, in whole or in part, an aviation document under section 98
e: impose permanent conditions under section 98
3: If notice of a proposed revocation of an aviation document, or notice of the proposed imposition of permanent conditions on an aviation document, is given in accordance with section 82 section 98(3) section 98
4: A person whose aviation document has been suspended or made subject to conditions must, if the document is capable of being surrendered (for example, if it is in paper form), immediately produce that document to the Director for appropriate endorsement.
5: A person in respect of whom a decision is made under this section may appeal against the decision to the District Court under section 453 1990 No 98 s 17(4)–(7)
98: Director may revoke, or impose permanent conditions on, aviation document
1: The Director may revoke, in whole or in part, or impose permanent conditions on an aviation document if the Director considers it necessary in the interests of aviation safety and security after an inspection, monitoring, or an investigation carried out under this Act.
2: Without limiting subsection (1)
a: the Director of CASA has advised the Director that CASA has given the holder of the document an Australian temporary stop notice; and
b: the Director considers that the revocation or imposition of permanent conditions is necessary in the interests of aviation safety and security.
3: If the Director proposes to act under this section, the Director must give notice in accordance with section 82
4: Subsection (5)
5: A person whose aviation document is revoked or made subject to permanent conditions under this section must,—
a: where the document is made subject to permanent conditions or revoked in part, immediately produce the document to the Director for appropriate endorsement:
b: where the whole document is revoked, immediately surrender the document to the Director.
6: A person in respect of whom a decision is made under this section may appeal against the decision to the District Court under section 453 1990 No 98 s 18
99: Considerations relevant to decision about taking action under section 96, 97, or 98
1: This section applies for the purpose of—
a: determining whether an aviation document should be suspended or made subject to conditions under section 96 97
b: determining whether an aviation document should be revoked or made subject to permanent conditions under section 98
2: If this section applies, the Director may have regard to, and give the weight that the Director considers appropriate to, the following matters:
a: the person’s history of compliance with transport safety regulatory requirements:
b: any conviction of the person for any transport safety offence, whether or not—
i: the conviction was in a New Zealand court; or
ii: the offence was committed before the commencement of this Act:
c: any evidence that the person has committed a transport safety offence or has contravened or failed to comply with civil aviation legislation.
3: The Director is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that the Director considers may be relevant.
4: The Director may—
a: seek and receive any information that the Director thinks fit; and
b: consider information obtained from any source.
5: Nothing in the Privacy Act 2020 subsection (4) 1990 No 98 s 19(1)–(4)
100: Obligations of Director in relation to disclosure or non-disclosure of information obtained under section 96, 97, or 98
1: If the Director proposes to take into account under section 96 97 98 subsections (2) and (3)
2: The Director may determine not to disclose the information if,—
a: in the case of non-disclosure to an individual of information about that individual, the Director could withhold the information under any of sections 49 to 53 of the Privacy Act 2020 had the information been requested by that individual under that Act; or
b: in any other case, the Director could withhold the information under section 6, 7, or 9 of the Official Information Act 1982 had the information been requested under that Act.
3: Nothing in subsection (1) section 96 97
4: The Director must make the disclosure under subsection (1) section 96 97
5: If, in reliance on subsection (2) or (3)
a: in the case of non-disclosure to an individual of information about that individual, inform the individual that—
i: the individual may, under the Privacy Act 2020
ii: that Act applies to the non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under that Act; and
b: in any other case, inform the person that—
i: the person may seek a review by an Ombudsman of the non-disclosure under the Official Information Act 1982; and
ii: that Act applies to the non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under that Act. 1990 No 98 s 19(5)–(7)
101: Further powers of Director to amend or revoke aviation document
1: The Director may, if requested to do so in writing by the holder of any aviation document,—
a: amend that document in the manner requested; or
b: revoke that document.
2: The Director may do any of the following:
a: amend any aviation document to reflect the fact that any privilege or duty for which the document has been granted is no longer being carried out, or is no longer able to be carried out, by the holder:
b: revoke any aviation document if the holder is not carrying out, or able to carry out, any of the privileges or duties for which the document has been granted:
c: amend any aviation document to correct any typographical error or obvious mistake in the document.
3: Before taking any action under subsection (2)(a) or (b)
4: The power to amend an aviation document under this section includes—
a: power to revoke the document and issue a new document in its place; and
b: power to impose reasonable conditions.
5: When the holder of an aviation document is notified that specified action is proposed under this section, the holder must, if the document is capable of being surrendered (for example, if it is in paper form), immediately produce the document to the Director. 1990 No 98 s 20 Suspension or revocation of aviation document if prescribed fees, charges, or levies unpaid
102: Suspension or revocation of aviation document if prescribed fees, charges, or levies unpaid
1: If any fee, charge, or levy payable under this Act is not paid by the date prescribed or fixed for the payment of that fee, charge, or levy, the Director may suspend any aviation document to which the unpaid fee, charge, or levy relates.
2: If any fee, charge, or levy payable under this Act is not paid within 4 months after the date prescribed or fixed for the payment of that fee, charge, or levy, the Director may revoke any aviation document to which the fee, charge, or levy relates.
3: Before suspending an aviation document under subsection (1) subsection (2)
a: that the Director intends to suspend or revoke the document; and
b: that the person has a right of appeal under section 453
4: The holder of an aviation document that is suspended under subsection (1) subsection (2) section 453 1990 No 98 ss 41(1)–(3), (5), 42D(3)
4: Offences relating to aviation documents
103: Endangerment caused by holder of aviation document
1: The holder of an aviation document must not, in respect of any activity or service to which the document relates, do or omit to do any act, or cause or permit any act or omission, that causes unnecessary danger to any other person or to any property.
2: A person who contravenes subsection (1)
3: A person who contravenes subsection (1)
4: A person who commits an offence against subsection (2)
a: in the case of an individual, to a fine not exceeding $90,000:
b: in the case of any other person, to a fine not exceeding $300,000.
5: A person who commits an offence against subsection (3)
a: in the case of an individual, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding $150,000, or both:
b: in the case of any other person, to a fine not exceeding $1,500,000.
6: This section is in addition to and does not limit the regulations or rules. 1990 No 98 s 43
104: Acting without necessary aviation document
1: A person commits an offence if the person—
a: operates, maintains, or services an aircraft, aerodrome, or aeronautical product, or provides an aviation-related service, or does any other act in respect of an aircraft, aerodrome, aeronautical product, or aviation-related service; and
b: either—
i: is required to hold a current aviation document for that activity and does not hold it; or
ii: knows that a current aviation document is required to be held in respect of the aircraft, aerodrome, product, or service before the act in paragraph (a)
2: A person who commits an offence against subsection (1)(b)(i)
a: in the case of an individual, to a fine not exceeding $10,000:
b: in the case of any other person, to a fine not exceeding $30,000.
3: A person who commits an offence against subsection (1)(b)(ii)
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $90,000, or both:
b: in the case of any other person, to a fine not exceeding $300,000.
4: In proceedings for an offence against subsection (1)(b)(i)
a: knew that they were required to hold the aviation document; or
b: knew that they did not hold the aviation document. 1990 No 98 s 46
105: Court may disqualify person from holding aviation document or impose conditions on aviation document
1: In addition to any penalty the court may impose under section 40 41 103
a: disqualify the person convicted from holding or obtaining an aviation document or a particular aviation document for any period not exceeding 12 months that the court thinks fit; or
b: impose on any aviation document held by or issued to the person convicted, for any period not exceeding 12 months that the court thinks fit, any restrictions or conditions, or both, that the court, having regard to the circumstances of the offence, thinks fit.
2: Nothing in subsection (1) section 75 1990 No 98 s 45
106: Applying for aviation document while disqualified
1: A person who, without reasonable excuse, applies for or obtains an aviation document knowing or having proper notice that they are disqualified by an order of the court from obtaining such a document commits an offence.
2: Any aviation document in respect of which an offence is committed under subsection (1)
3: A person who commits an offence against subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $15,000, or both:
b: in the case of any other person, to a fine not exceeding $50,000.
4: If a person is convicted of an offence under subsection (1) 1990 No 98 s 48
107: Failing to disclose information relevant to granting or holding of aviation document
1: A person commits an offence if the person—
a: is an applicant for an aviation document and fails, without reasonable excuse, to provide to the CAA information known to the person that the person knows or should know is relevant to the CAA’s or the Director’s exercise of powers under civil aviation legislation; or
b: is the holder of an aviation document and fails, without reasonable excuse, to provide to the CAA information known to the person that the person knows or should know is relevant to the condition specified in section 77
2: A person who commits an offence against subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $30,000, or both:
b: in the case of any other person, to a fine not exceeding $100,000. 1990 No 98 s 49(1)(b), (c), (2)
108: Failure to provide information to Director relating to Australian AOCs with ANZA privileges
1: A person who conducts an air operation while in breach of section 86(1) or (2)
2: A person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $30,000:
b: in the case of any other person, to a fine not exceeding $100,000. 1990 No 98 s 46D
5: Medical certification
Provisions relating to medical certification
109: Medical certification
The provisions of Schedule 2 Offences relating to medical certification
110: Acting without required medical certificate
1: A person who exercises the privileges of any aviation document or operates an aircraft solo commits an offence if the person—
a: does not hold an appropriate current medical certificate issued under Schedule 2
b: knows or has reasonable grounds to suspect that they can no longer safely exercise the privileges to which their medical certificate relates; or
c: fails to comply with any conditions, restrictions, or endorsements specified by the Director under clause 15(a)
2: A person who commits an offence against subsection (1)(a) or (c)
3: A person who commits an offence against subsection (1)(b) 1990 No 98 s 46A
111: Fraudulent, misleading, or false statements to obtain medical certificate
1: A person commits an offence if the person—
a: makes or causes to be made a fraudulent statement, or knowingly or recklessly makes or causes to be made a false or misleading statement,—
i: for the purpose of obtaining a medical certificate under Schedule 2
ii: during an investigation under clause 10 11 Schedule 2 clauses 19 21 clause 4
b: makes or causes to be made a fraudulent entry, or knowingly or recklessly makes or causes to be made a false or misleading entry, in any logbook, record, form, or report that is required to be kept, made, or used to show compliance with any conditions, restrictions, or endorsements placed on a medical certificate under Schedule 2
c: makes or causes to be made a reproduction or alteration for fraudulent purposes of a medical certificate issued under Schedule 2
2: A person who commits an offence against subsection (1) 1990 No 98 s 46B
112: Failure to disclose medical information
1: A person commits an offence if the person—
a: fails, without reasonable excuse, to advise the Director of information about the person’s medical condition as required by clause 8(1)(a)
b: fails, without reasonable excuse, to provide information required by the Director under clause 10
2: A person commits an offence if the person—
a: is a licence holder and is aware of a change in the licence holder’s medical condition, or the existence of any previously undetected medical condition, that may interfere with the safe exercise of the privileges to which the licence holder’s medical certificate relates; and
b: fails, without reasonable excuse, to advise the Director of information about the person’s medical condition as required by clause 8(1)(a)
3: A person who commits an offence against subsection (1)
4: A person who commits an offence against subsection (2) 1990 No 98 s 46C
6: Drug and alcohol management plans and testing
113: Interpretation
In this subpart, unless the context otherwise requires,— bodily sample
a: biological fluid:
b: biological tissue (whether living or not):
c: breath DAMP section 114 DAMP operator
a: conducts an operation that involves 1 or more safety-sensitive activities; and
b: is required under the rules to hold an aviation document for that operation; and
c: is in a class of persons specified in the rules as a DAMP operator Director testing section 116 drug or alcohol test
a: a test of a person’s bodily sample to determine the presence, but not the level, of alcohol or a testable drug (or both) in the sample; or
b: a test of a person’s bodily sample to determine the presence and the level of alcohol or a testable drug (or both) in the sample negative result
a: that alcohol or a testable drug (or both) is not present in the bodily sample; or
b: if the DAMP specifies a level of alcohol or a testable drug in relation to a test, that alcohol or a testable drug (or both) is not present in the body at or above the specified level random testing section 115
a: is selected for testing in a way that is non-discriminatory; and
b: is not given advance notification of the testing response plan
a: prohibiting the worker from performing a safety-sensitive activity; and
b: permitting the worker to resume performing safety-sensitive activities, if the worker can do so safely safety-sensitive activity
a: means an activity that—
i: could significantly affect the health or safety of any person on board an aircraft, including the person performing the activity; or
ii: if not performed safely, could cause or contribute to an accident or incident involving an aircraft; and
b: includes an activity prescribed under the rules safety-sensitive worker
a: means an individual employed or engaged by a DAMP operator in a role that involves the individual performing a safety-sensitive activity; and
b: includes the DAMP operator, if the DAMP operator is an individual testable drug section 114(2)(b)(i)
114: DAMP operator must develop DAMP
1: A DAMP operator must have a DAMP for the purpose of managing risks arising from drug or alcohol use by safety-sensitive workers of the DAMP operator when performing safety-sensitive activities in relation to the operator’s operation.
2: The DAMP operator must ensure that a DAMP—
a: applies to all safety-sensitive activities; and
b: provides for random testing of safety-sensitive workers, including by—
i: specifying the drugs to be tested for under the DAMP; and
ii: setting out procedures and other matters (including any permissible levels of alcohol or a testable drug) in relation to the testing; and
c: includes a response plan; and
d: is developed in accordance with any requirements under the rules for developing the DAMP (including consultation with affected workers).
3: For the purpose of subsection (2)(b)(i)
a: must specify any drug that is specified by the rules as required to be included as a testable drug in the DAMP; and
b: may specify any other drug that could impair a safety-sensitive worker’s performance of a safety-sensitive activity.
4: The following must be done as prescribed under the rules:
a: the keeping of records in relation to matters done under, or relevant to, the DAMP:
b: approval and renewal of the DAMP:
c: amendment of the DAMP:
d: treatment of the DAMP as forming part of any other document held by the operator.
115: Random testing by DAMP operator
1: A DAMP operator must provide for testing of safety-sensitive workers in accordance with the approved DAMP and this section.
2: Random testing may be carried out only if the worker consents to be tested.
3: The DAMP operator must ensure that a person who carries out random testing is competent to carry out the testing, including by having any necessary experience or qualifications.
4: The person who carries out the random testing of a worker must,—
a: when first approaching the worker for the purpose of random testing, give the worker a written statement that sets out the following:
i: the statutory power to carry out the test:
ii: a general description of how the test will be carried out, including how the bodily sample will be taken and how it will be analysed:
iii: an explanation that the worker has the right to refuse consent to testing:
iv: an explanation of the consequences if the worker refuses consent or returns a test result other than a negative result:
v: that the worker will be informed of the test result (and approximately when that will happen):
vi: any other matter prescribed by the rules; and
b: before testing the worker,—
i: take reasonable steps to establish the worker’s identity; and
ii: explain to the worker that the worker has the right to refuse consent; and
iii: explain to the worker the consequences if the worker refuses consent or returns a test result other than a negative result; and
iv: ask for the worker’s consent to testing; and
c: carry out the test only in relation to—
i: alcohol and the testable drugs specified in the DAMP; and
ii: the permissible levels (if any) for alcohol or testable drugs specified in the DAMP; and
d: carry out the test in accordance with the DAMP and any requirements prescribed by the rules.
5: As soon as practicable after the DAMP operator becomes aware of the result of a test, the DAMP operator must give the test result to the worker tested.
6: A written statement under subsection (4)(a)
116: Director testing
1: The Director may carry out drug or alcohol testing of 1 or more safety-sensitive workers of a DAMP operator.
2: Director testing,—
a: to the extent reasonably practicable in the circumstances, must be carried out without advance notification to the DAMP operator or to the workers selected for testing; and
b: may be carried out at any reasonable time and in any reasonable circumstances the Director considers appropriate; and
c: may be carried out only if the worker consents to be tested; and
d: must be carried out by an inspector.
3: When carrying out Director testing of a worker, an inspector must,—
a: when first approaching the worker for the purpose of random testing, give the worker a written statement that sets out the following:
i: the statutory power to carry out the test:
ii: a general description of how the test will be carried out, including how the bodily sample will be taken and how it will be analysed:
iii: that the worker has the right to refuse consent to testing:
iv: an explanation of the consequences if the worker refuses consent or returns a test result other than a negative result:
v: that the worker will be informed of the test result (and approximately when that will happen):
vi: any other matter prescribed by the rules; and
b: before testing the worker,—
i: take reasonable steps to establish the worker’s identity; and
ii: explain to the worker that the worker has the right to refuse consent; and
iii: explain to the worker the consequences if the worker refuses consent or returns a test result other than a negative result; and
iv: ask for the worker’s consent to testing; and
c: carry out the test only in relation to—
i: alcohol and the testable drugs specified in the DAMP; and
ii: the permissible levels (if any) for alcohol or testable drugs specified in the DAMP; and
d: carry out the test in accordance with the DAMP and any requirements prescribed by the rules.
4: As soon as practicable after the Director becomes aware of the result of a test, the Director must give the test result to the worker tested and the DAMP operator.
5: A written statement under subsection (3)(a)
6: A failure by the Director to comply with subsection (2)(a)
117: What happens if worker refuses consent or test result is not negative
1: If a safety-sensitive worker refuses to consent to random testing or is tested and returns a result other than a negative result, or if the Director notifies the DAMP operator under subsection (3)
a: prohibit the worker from performing safety-sensitive activities until the worker is able to safely perform those activities; and
b: implement the response plan.
2: If a worker refuses to consent to Director testing or is tested and returns a result other than a negative result, the Director must notify the worker’s DAMP operator of that fact as soon as practicable.
3: If a worker refuses to consent to random testing or is tested and returns a result other than a negative result, the DAMP operator must, in accordance with any requirements of the rules, notify the Director of that fact as soon as practicable.
118: Tampering
1: This section applies if a person who is carrying out a random test or Director testing suspects on reasonable grounds that a person being tested has—
a: consumed, administered, or supplied any substance with intent to dilute, contaminate, or otherwise alter any sample:
b: otherwise tampered with the testing.
2: This subpart and the relevant DAMP apply as if the test returned a result other than a negative result.
119: Test results only to be used in certain prosecutions
Test results obtained by a DAMP operator from carrying out random testing or by the carrying out of Director testing under section 116
a: this Act; or
b: the Health and Safety at Work Act 2015.
5: Aviation security
1: Designations and security checks
120: Security designated aerodromes and navigation installations
1: The Minister may, by notice in the Gazette
a: designate an aerodrome as a Tier 1 security designated aerodrome:
b: designate an aerodrome as having any other tier of security specified in the rules:
c: designate a navigation installation as a security designated navigation installation.
2: The New Zealand Police and the authorised aviation security service provider or providers at a security designated aerodrome or security designated navigation installation are jointly responsible for—
a: the prevention of the commission of crimes against the Aviation Crimes Act 1972 at that aerodrome or installation; and
b: the protection of persons and property from dangers arising from the commission or attempted commission of such crimes. 1990 No 98 ss 76, 82 Airside security areas
121: Airside security areas
1: The Director may declare, by a sign or signs affixed at the perimeter of the area, that an area within any security designated aerodrome or security designated navigation installation is an airside security area.
2: The Director may declare, by appropriate notification, that an area within an airside security area is a security enhanced area. 1990 No 98 s 84(1), (1A)
122: Entry into airside security area
1: Except as provided in this section, only the following persons may enter or remain in any airside security area or part of an airside security area:
a: a constable on official duties or an aviation security officer on official duties:
b: a person who is—
i: authorised by the Director or a person acting under the authority of the operator of the aerodrome or navigation installation; and
ii: bearing, in accordance with any requirements specified in the rules, evidence of the person’s identity:
c: a person or class of persons approved by the Director for the purpose of this section.
2: The evidence of identity required by subsection (1)(b)(ii)
3: Despite subsection (1)
a: a passenger embarking or disembarking directly through a gateway or thoroughfare in an aerodrome approved for that purpose by the aerodrome manager may pass through an airside security area or part of an airside security area forming part of the gateway or thoroughfare without the evidence of identity referred to in subsection (1)(b)(ii)
b: a person allowed under the rules may pass through an airside security area or part of an airside security area without the evidence of identity referred to in subsection (1)(b)(ii) 1990 No 98 s 84(2), (7), (8)
123: Providing evidence of identity and authority
1: A person in an airside security area or part of an airside security area must, on the request of an authorised security person,—
a: state the person’s name, address, and date of birth, and the purpose of the person’s presence in the airside security area or part of an airside security area, and the person’s authority to enter it; and
b: provide satisfactory evidence of the person’s stated name and authority to enter the area.
2: An authorised security person may order a person to leave an airside security area or part of an airside security area if the person fails or refuses to comply with a requirement of subsection (1)(a) or (b)
3: If a person fails or refuses without reasonable excuse to immediately comply with an order under subsection (2)
4: Any person who without reasonable excuse refuses to comply with a request or order under subsection (1) or (2) section 166
5: A person detained under subsection (4) 1990 No 98 s 84(3)–(6)
124: Authorised security person may seize evidence of identity
1: This section applies if a person produces the evidence of identity referred to in section 122(1)(b)(ii)
a: the evidence of identity is being used in breach of civil aviation legislation; or
b: the approval of the evidence of identity has been withdrawn or has expired.
2: The authorised security person may seize the evidence of identity and—
a: return it to the Director or otherwise notify the Director in accordance with the rules; or
b: if the evidence of identity is not issued by the Director, return it to the person or agency that issued it or otherwise notify the person or agency in accordance with any requirements of the rules. Landside security areas
125: Landside security areas
1: The Minister may exercise the power in this section if the Minister considers that it is—
a: necessary in order to respond to a threat to civil aviation; or
b: necessary to enable New Zealand to be part of a concerted international response to a threat to aviation security; or
c: otherwise necessary to support the main purpose of this Act or the additional purpose in section 4(d)
2: The Minister may declare, by a sign or signs affixed at the perimeter of the area, that an area within any security designated aerodrome or security designated navigation installation is a landside security area.
3: A declaration made under this section has effect for a period the Minister specifies in it, which must not be more than 30 days. Security checks of persons
126: Director may carry out security checks
1: The Director may carry out a security check of a person who falls within a category of persons specified in the rules as requiring a security check if—
a: the security check is for the purpose of determining whether the person poses a threat to aviation security; and
b: the person consents.
2: If a person refuses consent to a security check under subsection (1)
3: The Director may grant a favourable security check determination if the Director decides that the person has undergone an alternative security check that is acceptable to the Director.
4: For the purpose of determining whether a person poses a threat to aviation security, the Director may—
a: seek and receive any information that the Director considers relevant, including (but not limited to) a recommendation made by the New Zealand Security Intelligence Service under section 11 of the Intelligence and Security Act 2017; and
b: give weight to any component of the information as the Director considers appropriate in the circumstances.
5: Nothing in the Privacy Act 2020 subsection (4)
6: If the Director determines that a person does not pose a threat to aviation security, the Director must advise the person of the favourable security check determination. 1990 No 98 s 77F(1)–(5)
127: Reconsideration of security check determination
1: The Director may reconsider any previous security check determination that the Director has made under section 126
a: new information is made available; or
b: the Director has reason to suspect that the person may pose a threat to aviation security.
2: If the Director proposes to reconsider any previous security check determination, the Director must—
a: advise the person to whom the security check determination relates that the Director is reconsidering that determination; and
b: complete the reconsideration of that determination within 20 working days of advising the person under paragraph (a)
c: if the reconsideration results in an adverse security check determination or a proposed adverse security check determination, initiate the appropriate review procedure set out in section 128 or 129
d: if a favourable security check determination is required for any previous authorisation granted to the person under the rules, withdraw that authorisation for—
i: the period of the reconsideration; and
ii: any subsequent review period under section 128 or 129
e: if a favourable security check determination is required for any previous authorisation granted to the person by any other entity, require that entity to withdraw the authorisation for—
i: the period of the reconsideration; and
ii: any subsequent review period under section 128 or 129
3: Section 126(4) and (5)
4: Nothing in this section limits the power of the Director to grant an exemption under section 322 1990 No 98 s 77F(6)–(8)
128: Review procedure for adverse security check determination
If the Director proposes to make an adverse security check determination with respect to a person (other than a determination to which section 129
a: advise the person in writing of the proposed determination and the reasons for the proposed determination; and
b: give the person written notice that, within 20 working days of the date of the notice, the person may—
i: seek legal advice or assistance with respect to the proposed determination:
ii: respond to, comment on, or make submissions on the proposed determination:
iii: provide new information relevant to the proposed determination; and
c: give the person written notice of the date on which the proposed determination will, unless the Director decides otherwise, be made (which must be a date that is as soon as practicable after the expiry of the 20-working-day period referred to in paragraph (b)
d: consider any response, comment, submission, or new information that the person provides along with the information on which the proposed determination was made; and
e: make a final determination and inform—
i: the person of the final determination and the reasons for the final determination; and
ii: any other affected party of the final determination, but not the reasons for the final determination. 1990 No 98 s 77G(2)
129: Review procedure for adverse security check determination made wholly or partly on recommendation under Intelligence and Security Act 2017
1: If the Director makes an adverse security check determination with respect to a New Zealand person based on a recommendation made by the New Zealand Security Intelligence Service under section 11 of the Intelligence and Security Act 2017, the Director must advise the New Zealand person that the person may, in accordance with section 171 of that Act, make a complaint regarding the recommendation to the Inspector-General of Intelligence and Security.
2: If the Director proposes to make an adverse security check determination based on a recommendation made by the New Zealand Security Intelligence Service and on information other than that recommendation, the Director must—
a: follow the procedure set out in section 128
i: a recommendation made by the New Zealand Security Intelligence Service; and
ii: information other than the recommendation; and
b: then follow the procedure set out in subsection (1)
i: the Director is satisfied that the information other than the recommendation is no longer sufficient to support an adverse security check determination; and
ii: the person is a New Zealand person.
3: For the purposes of this section, New Zealand person 1990 No 98 s 77G(1), (3), (5)
130: Consequences of final adverse security check determination
If the Director makes a final adverse security check determination, the Director must—
a: revoke any authorisation granted to the person by the Director under the rules, if a favourable security check determination is required under the rules for the authorisation; and
b: require any other entity to revoke any authorisation granted to the person, if a favourable security check determination is required under the rules for the authorisation. 1990 No 98 s 77G(4)
131: Offence to carry out activity while authorisation withdrawn or after authorisation revoked
1: A person commits an offence if the person carries out an activity that requires an authorisation—
a: during a period when that authorisation has been withdrawn under section 127(2)(d) or (e)
b: if that authorisation has been revoked under section 130
2: A person who commits an offence against subsection (1) 1990 No 98 s 77H
132: Offence to fail to comply with Director’s requirement to withdraw or revoke authorisation
1: A person commits an offence if the person fails, without reasonable excuse, to comply with the Director’s requirement to—
a: withdraw an authorisation under section 127(2)(e)
b: revoke an authorisation under section 130(b)
2: A person who commits an offence against subsection (1) 1990 No 98 s 77I
2: Aviation security services and aviation security powers
133: Interpretation
In this subpart,— data electronic device device pat down search
a: runs or pats their hand over the body of the person being searched, whether outside or inside the clothing (other than any underclothing) of the person being searched:
b: inserts their hand inside any pocket or pouch in the clothing (other than any underclothing) of the person being searched:
c: for the purpose of permitting a visual inspection, requires the person being searched to do all or any of the following:
i: open their mouth:
ii: display the palms of their hands:
iii: display the soles of their feet:
iv: lift or rub their hair relevant item or substance
a: dangerous goods:
b: any item or substance specified in section 11(1) of the Aviation Crimes Act 1972:
c: any item or substance not already included in paragraph (a) or (b) section 152 or 154 security area sterile area thing Provision of aviation security services
134: Aviation security service providers
Aviation security services may be provided by—
a: AvSec, at any security designated aerodrome or security designated navigation installation; or
b: the operator of a security designated aerodrome or security designated navigation installation, at that aerodrome or navigation installation; or
c: an airline, at a security designated aerodrome at which the airline is operating. 1990 No 98 s 79(1)
135: Responsibility of Minister
The Minister must ensure that aviation security services are provided at all Tier 1 security designated aerodromes and at all security designated navigation installations. 1990 No 98 s 77
136: Requirements for provider of aviation security services
1: No person referred to in section 134(b) or (c)
2: The holder of an aviation document referred to in subsection (1)
3: To avoid doubt, neither AvSec nor any person employed to work in AvSec is required to have an aviation document for the provision of aviation security services. 1990 No 98 ss 79(2), (3), 81(1)
137: Minister may specify only AvSec to provide security at aerodrome or installation
1: Despite section 134 subsection (3) Gazette
2: Before giving a notice under subsection (1)
a: must have regard to the main and additional purposes of this Act; and
b: must consult with any person who already holds an aviation document entitling the person to provide aviation security services at a security designated aerodrome or security designated navigation installation to which the notice will apply.
3: Despite anything in section 134
4: Any appointment made under subsection (3) 1990 No 98 s 79A
138: Functions and duties of AvSec
1: AvSec has the following functions and duties:
a: to carry out—
i: crew, passenger, and baggage searching for all international aircraft passenger services:
ii: the directions of the Minister or the Director under section 152 or 154
iii: aerodrome security patrols and patrols of security designated navigation installations:
b: to review, inquire into, and keep itself informed on security techniques, systems, devices, practices, and procedures related to the protection of civil aviation and persons employed in or using it:
c: to undertake, or encourage or supervise, any experimental or research work in respect of any aspect of aviation security that the Director specifies:
d: for the purpose of better carrying out any of its functions under this Act, to co-operate with the Police, government departments, airport operators, operators, authorities administering the airport security services of other countries, and any appropriate international organisation:
e: to provide security support services to the New Zealand Police when requested by the Commissioner of Police, but only if—
i: the Commissioner of Police is satisfied that the provision of those services is necessary to enable the New Zealand Police to carry out its security duties; and
ii: the Minister and the CAA agree that the provision of those services will not compromise aviation security:
f: to co-operate with, or to provide advice and assistance to, any government agency or local government agency when requested to do so by the Minister, but only if the Minister and the CAA agree that the performance of the functions and duties of AvSec will not be compromised:
g: to carry out or exercise any other functions, powers, or duties that are conferred or imposed on it under this Act or any other legislation.
2: AvSec is not required to perform the functions and duties in subsection (1) section 136
3: Nothing in subsection (1) section 135 1990 No 98 s 80
139: Requirements for AvSec to comply with prescribed requirements for provision of aviation security services
1: All or any requirements prescribed under the rules or regulations that apply to the holder of an aviation document for the provision of aviation security services apply to AvSec.
2: Subsection (1)
a: specifically provides that a requirement does not apply to AvSec; or
b: in any other way provides differently for AvSec.
140: Person who holds aviation document for aviation security service must designate aviation security officers
1: A person who holds an aviation document for an aviation security service must designate persons employed by the person to be aviation security officers.
2: An officer designated under subsection (1) 1990 No 98 s 81 Searching powers at aerodromes and navigation installations
141: Searching powers of aviation security officers
1: An aviation security officer may, at a security designated aerodrome or a security designated navigation installation, for the purpose of detecting any relevant item or substance, undertake reasonable searching of—
a: a person or thing—
i: at a screening point immediately before the person or thing enters a landside security area; or
ii: while the person or thing is present in a landside security area; or
iii: at a screening point immediately before the person or thing enters a sterile area; or
iv: while the person or thing is present in a sterile area; or
v: at a screening point immediately before the person or thing enters a security enhanced area; or
vi: while the person or thing is present in a security enhanced area:
b: any place within the aerodrome or installation:
c: any of the following at any place within the aerodrome or installation:
i: a crew member or passenger and any thing in the person’s possession:
ii: a thing to be carried on an aircraft:
iii: any thing that is found unattended:
iv: a vehicle:
v: an aircraft.
2: In relation to an electronic device, the power in this section does not authorise an aviation security officer or any other person to access data in the device or to access data that is not in the device.
3: No provision in subsection (1)
4: A search under this section may be done at the request of an aerodrome operator or the Police, or on the initiative of an aviation security officer. 1990 No 98 ss 80(a)(ii), (ab), 80A(1), 80B(1), 80C(1)
142: Requirements and incidental powers relating to manner of searching persons
1: With respect to a search of a person under section 141
a: remove, raise, lower, or open any outer clothing, including (but not limited to) any coat, jacket, jumper, cardigan, or similar article that the person is wearing, to enable the search to be carried out, except where the person has no other clothing, or only underclothing, under the outer clothing:
b: remove any gloves, footwear (including socks or stockings), head coverings, belts, jewellery, or other accessories:
c: allow an aviation security officer to carry out a pat down search.
2: The search of a person may include a search (whether involving physical contact or not) of—
a: any outer clothing of the person removed, raised, lowered, or opened for the purposes of the search of the person; and
b: any head covering, gloves, or footwear (including socks or stockings) of the person removed for the purposes of the search of the person.
3: If a search of a person is made by means other than solely an aviation security dog or a mechanical or electrical or electronic or other similar device, the person must be searched by—
a: an aviation security officer who is of the same sex as the person being searched; or
b: if the person being searched reasonably requests, a person of a different sex. 1990 No 98 s 80G
143: Consent requirements for searching
1: The power of search in section 141
a: in the case of the search of a person, with the consent of the person:
b: in the case of the search of a thing, with the consent of the person in possession of the thing.
2: If a person is at a screening point, the person is taken for all purposes to consent to—
a: any searching of the person that involves no physical contact with the person being searched:
b: any searching of baggage presented by the person for carriage, including the use of reasonable force to open the baggage.
3: Subsection (2)
4: A person (including a person to whom subsection (2) subpart 3
5: A person is taken for all purposes to consent to the searching of the person’s baggage while it is temporarily under the control, or in the charge, of—
a: an airline operator or other person at an aerodrome for the purpose of transporting it within the aerodrome or loading it or any other similar purpose; or
b: a government agency for the purpose of inspecting it or exercising any other regulatory function.
6: This section is subject to section 144
144: Circumstances where consent to searching not required
1: The power in section 141(1)(c)(iii)
2: The power in section 141
a: there is an imminent risk to aviation safety and security; and
b: the risk requires an immediate response.
3: This section applies despite anything in section 12(1) of the Aviation Crimes Act 1972 relating to a requirement for consent.
145: Power to require drivers to stop vehicles in security enhanced areas for searching
1: An aviation security officer who is in uniform may signal or request the driver of a vehicle in a security enhanced area to stop the vehicle as soon as is practicable for the purpose of searching the vehicle, and any thing or person in the vehicle, under section 141
2: The driver of a vehicle that is stopped by an aviation security officer must remain stopped for as long as is reasonably necessary for the aviation security officer to search the vehicle, and any thing or person in the vehicle.
3: A person commits an offence and is liable on conviction to a fine not exceeding $2,500 if the person, without lawful authority or reasonable excuse, fails to—
a: stop a vehicle in a security enhanced area as soon as is practicable when required to do so by an aviation security officer; or
b: remain stopped for as long as is reasonably necessary for the aviation security officer to search the vehicle, and any thing or person in the vehicle.
4: In proceedings for an offence against subsection (3)
a: the prosecutor need not assert absence of lawful authority or reasonable excuse in the charging document; and
b: the burden of proving that the defendant had lawful authority or a reasonable excuse lies on the defendant. 1990 No 98 s 80H
146: Powers of aviation security officer in relation to person who is not searched or refuses consent to searching
1: This section applies if a person—
a: is required to be subject to a search at a screening point immediately before entering into a landside security area, a sterile area, or a security enhanced area and attempts to enter without having undergone searching; or
b: is required to be subject to a search while in a landside security area, a sterile area, or a security enhanced area and attempts to remain in that area without having undergone searching; or
c: refuses to consent to searching immediately before entry into, or while in, a landside security area, a sterile area, or a security enhanced area.
2: An aviation security officer may,—
a: if the person is outside the landside security area or, as the case may be, the sterile area or security enhanced area, deny the person entry into that area:
b: if the person is in the landside security area or, as the case may be, the sterile area or security enhanced area, require the person to—
i: leave the area:
ii: remove any thing in the person’s possession from the area.
3: An aviation security officer may—
a: prevent a person from entering a landside security area or, as the case may be, a sterile area or security enhanced area if the person is denied entry under subsection (2)(a)
b: remove a person from a landside security area or, as the case may be, a sterile area or security enhanced area if the person is required to leave under subsection (2)(b)
4: An aviation security officer may detain a person who—
a: attempts to enter when denied entry under subsection (2)(a) subsection (2)(b)
b: refuses to be searched at a screening point immediately before entering into a landside security area, a sterile area, or a security enhanced area, if the aviation security officer has reasonable grounds to suspect that—
i: an offence against the Aviation Crimes Act 1972 has been, is being, or is likely to be committed, whether by the person or by any other person; or
ii: a search of the person refusing to consent is likely to disclose evidence that an offence against the Aviation Crimes Act 1972 has been, is being, or is likely to be, committed, whether by the person or any other person.
5: A person detained under subsection (4)
6: An aviation security officer, or any person assisting an aviation security officer, may use reasonable force, or any assistance that is reasonably necessary in the circumstances, to—
a: prevent a person from entering a landside security area, a sterile area, or a security enhanced area under subsection (3)(a)
b: remove a person from a landside security area, a sterile area, or a security enhanced area under subsection (3)(b)
c: detain a person under subsection (4) 1990 No 98 s 80E
147: Powers of constable in relation to person who is not searched or refuses consent to searching
1: This section applies if —
a: a person is not searched, or refuses consent to searching, before entry into, or while being in, a landside security area, a sterile area, or a security enhanced area; and
b: a constable has reasonable grounds to suspect that—
i: an offence against the Aviation Crimes Act 1972 has been, is being, or will be committed, whether by the person or by any other person; and
ii: a search of the person, or any thing in the person’s possession, is likely to disclose evidence that an offence against the Aviation Crimes Act 1972 has been, is being, or will be committed, whether by the person or by any other person.
2: The refusal of a person to consent to the searching of the person, or any thing in the person’s possession, does not of itself constitute reasonable grounds for suspecting that an offence against the Aviation Crimes Act 1972 has been, is being, or will be, committed.
3: A constable may, without a warrant,—
a: search the person, and any thing in the person’s possession; and
b: detain the person for the purposes of the search; and
c: take possession of any item or substance found in the course of the search that is specified in section 11(1) of the Aviation Crimes Act 1972.
4: In relation to an electronic device, the power in subsection (3)
5: A constable exercising the power of search under subsection (3)
a: provide evidence of the constable’s identity to the person to be searched; and
b: inform the person to be searched that the search is authorised under this section; and
c: if not in uniform, provide evidence, if asked, of the constable’s identity to the person to be searched.
6: If a constable exercises the power of search under subsection (3) 1990 No 98 s 80F
148: Consequences for passenger of refusal to consent to searching
Section 12(2) and (3) of the Aviation Crimes Act 1972 applies in respect of searching under this subpart. Dealing with item or substance suspected when searching
149: Item or substance suspected entering into, or in, sterile area
1: This section applies if—
a: the presence of a relevant item or substance is suspected by an aviation security officer when searching a person or thing under section 141
b: an aviation security officer has reasonable grounds to believe that, if the item or substance is a relevant item or substance, there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a sterile area.
2: The aviation security officer may seize and detain the item or substance for the purpose of determining whether it is a relevant item or substance and whether there is lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a sterile area.
3: If the aviation security officer determines that the item or substance may be lawfully carried into, or remain in, an aircraft or a sterile area, the aviation security officer must,—
a: if practicable, return the item or substance to the person from whom it was seized; or
b: if it is impracticable to return the item or substance to the person from whom it was seized, deliver the item or substance to the carrier of the aircraft that the person boarded or intended to board when the item or substance was seized.
4: If the aviation security officer determines that there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a sterile area, the aviation security officer may—
a: detain the item or substance until it is dealt with in accordance with paragraphs (b) to (d)
b: deliver the item or substance to the operator of an air service, the aerodrome, or a delivery service; or
c: dispose of or destroy the item or substance; or
d: deliver the item or substance to a constable.
5: Despite subsections (3) and (4)
6: If an aviation security officer delivers an item or a substance to a constable under subsection (4)(d) 1990 No 98 s 80B(3)–(7)
150: Item or substance suspected entering into, or in, landside security area or security enhanced area
1: This section applies if—
a: a relevant item or substance is suspected by an aviation security officer when searching a person or thing under section 141
b: an aviation security officer has reasonable grounds to believe that, if the item or substance is a relevant item or substance, there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a landside security area or security enhanced area.
2: The aviation security officer may seize and detain the item or substance for the purpose of determining whether it is a relevant item or substance and whether there is lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a landside security area or a security enhanced area.
3: If the aviation security officer determines that there is no lawful authority or reasonable excuse for the item or substance to be carried into or remain in the landside security area or security enhanced area, the aviation security officer must—
a: detain the item or substance until it is delivered to a constable or, if the Director agrees, destroyed or otherwise disposed of; or
b: deny entry into the landside security area or security enhanced area to any person in possession of the item or substance; or
c: direct the person in possession of the item or substance to leave the landside security area or security enhanced area, with or without—
i: the item or substance:
ii: any vehicle used to transport the item or substance.
4: If the aviation security officer determines that the item or substance may be lawfully carried into or remain in the landside security area or security enhanced area, the aviation security officer must, if practicable, return the item or substance to the person from whom the item or substance was seized.
5: Despite anything in this section, if the aviation security officer has reasonable grounds to believe that the item or substance poses an imminent risk to safety and security, the aviation security officer may destroy or otherwise dispose of the item or substance.
6: An aviation security officer must make a record of any item or substance seized under this section and the person from whom it was seized. 1990 No 98 s 80C(3)–(6)
151: Items or substances suspected that may be imminent risk
1: This section applies if—
a: an aviation security officer is searching a person or thing under section 141 section 149 or 150
b: the aviation security officer has reasonable grounds to believe that, if the item or substance is a relevant item or substance, it may pose an imminent risk to aviation safety and security.
2: The aviation security officer may seize and detain the item or substance for the purpose of determining whether it is a relevant item or substance and whether it poses an imminent risk to aviation safety and security.
3: If the aviation security officer determines that the item or substance poses an imminent risk to aviation safety and security, the aviation security officer may—
a: deliver the item or substance to a constable; or
b: destroy or otherwise dispose of the item or substance.
4: If the aviation security officer determines that the item or substance does not pose an imminent risk to aviation safety and security, the aviation security officer must,—
a: if practicable, return the item or substance to the person from whom it was seized; or
b: if it is impracticable to return the item or substance to the person from whom it was seized,—
i: deliver the item or substance to the aerodrome operator; or
ii: deliver the item or substance to the operator of an air service or delivery service; or
iii: deliver the item or substance to a constable.
5: An aviation security officer must make a record of any item or substance seized under this section and the person from whom it was seized. Directions relating to searching and seizing
152: Power of Minister to require searching and seizing
1: The Minister may exercise the power in this section if the Minister considers that it is—
a: necessary to improve or enhance aviation security; or
b: necessary to enable New Zealand to be part of a concerted international response to a threat to aviation security; or
c: otherwise necessary to support the main or additional purposes of this Act.
2: The Minister may, by notice, direct an authorised aviation security service provider that all or any of the powers conferred on aviation security officers under this subpart be used by its aviation security officers to detect any item or substance specified in the direction.
3: The direction may—
a: direct that the powers be exercised in respect of any class of passenger service, aircraft, aerodrome, navigation installation, or thing, or on any other differential basis specified in the direction:
b: direct that the powers be exercised at a particular place or particular places at an aerodrome or navigation installation (within any limits as to places in section 141
c: authorise the Director to direct that aviation security officers not carry out the direction in relation to a particular flight or in other particular circumstances if the Director considers that searching is not necessary in that case or in those circumstances.
4: If the direction specifies an item or a substance that is not within the meaning of paragraph (a) or (b) section 133
a: specify the item or substance with reference to—
i: the item or substance being present in, above, or below a particular quantity; or
ii: the item or substance being in particular packaging; or
iii: any other circumstance; or
b: specify the item or substance and authorise the Director to determine the matters described in paragraph (a)(i) to (iii)
5: Sections 149 to 151
6: An authorised aviation security service provider directed under this section must ensure that the direction is complied with.
7: A notice made under subsection (2) see 1990 No 98 s 77A(1), (1A) 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 accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) Presentation The Minister must present it to the House of Representatives, unless the exemption in Schedule 3 LA19 s 114 Sch 3 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
153: Further provisions in relation to direction by Minister
1: Before giving a direction under section 152
a: the Director; and
b: as the Minister in each case considers appropriate and practical, representative groups in the aviation industry.
2: A direction made under section 152
a: considers that urgent action is required; and
b: has consulted the Director before that date; and
c: has notified all affected parties (other than persons boarding an aircraft) before that date.
3: If a direction takes effect on a date before the notice is published under the Legislation Act 2019, the direction expires 28 days after that date. 1990 No 98 s 77A(2)–(8)
154: Power of Director to require searching and seizing
1: The Director may exercise the power in this section if the Director has reasonable grounds to believe that a security risk exists.
2: The Director may, by notice, direct an authorised aviation security service provider that all or any of the powers conferred on aviation security officers under this subpart be used by its aviation security officers to detect any item or substance specified in the direction.
3: The direction may—
a: direct that the powers be exercised in respect of any class of passenger service, aircraft, aerodrome, navigation installation, or thing, or on any other differential basis specified in the direction:
b: direct that the powers be exercised at a particular place or particular places at an aerodrome or navigation installation (within any limits as to places in section 141
c: provide that the Director may direct that aviation security officers not carry out the direction in relation to a particular flight or in other particular circumstances if the Director considers that searching is not necessary in that case or in those circumstances.
4: If the direction specifies an item or a substance that is not within the meaning of paragraph (a) or (b) section 133
a: specify the item or substance with reference to—
i: the item or substance being present in, above, or below a particular quantity; or
ii: the item or substance being in particular packaging; or
iii: any other circumstance; or
b: specify the item or substance but provide that the Director may further determine the matters described in paragraph (a)(i) to (iii)
5: Sections 149 to 151
6: An authorised aviation security service provider directed under this section must ensure that the direction is complied with.
7: A notice made under subsection (2) see 1990 No 98 s 77B(1), (1A) 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 accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) Presentation The Minister must present it to the House of Representatives, unless the exemption in Schedule 3 LA19 s 114 Sch 3 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
155: Further provisions in relation to direction by Director
1: Before giving a direction under section 154
2: A direction made under section 154
a: considers that urgent action is required; and
b: has notified all affected parties (other than persons boarding an aircraft) before that date.
3: If a direction takes effect on a date before the notice is published under the Legislation Act 2019, the direction expires 28 days after that date. 1990 No 98 s 77B(2)–(7) Other rights and powers of aviation security officers
156: Right of access for aviation security officers
1: An aviation security officer while on duty may at any time enter any security designated aerodrome or a security designated navigation installation, or any aircraft, building, or place in any part of a security designated aerodrome or security designated navigation installation, for the purpose of exercising and carrying out the officer’s powers, functions, and duties under this Act.
2: Unless the aviation security officer is accompanied by a constable, the power of entry conferred by subsection (1)
3: Despite subsection (1)
4: Where an aircraft or a vehicle is not being used for commercial purposes, subsection (1) 1990 No 98 s 83
157: Use of aids and devices for searching
Section 12(6) and (7) of the Aviation Crimes Act 1972 applies to searching carried out under section 141
158: Use of dogs
Without limiting section 157
a: conduct searching under this Part:
b: assist with any patrol of a security designated aerodrome or security designated navigation installation:
c: assist the aviation security officer to exercise or perform any other functions and duties under this Act.
159: Power of aviation security officer to seize and detain dangerous goods detected by government agency or carrier
1: This section applies if—
a: an item or a substance is identified by an employee of a government agency or carrier of an aircraft; and
b: the item or substance was—
i: taken on board an aircraft at a security designated aerodrome in New Zealand; or
ii: carried on an aircraft that has landed at a security designated aerodrome in New Zealand from any place within or outside New Zealand; and
c: the person referred to in paragraph (a)
2: The person referred to in subsection (1)
3: An aviation security officer may seize and detain the item or substance for the purpose of determining whether the item or substance is dangerous goods and whether there is lawful authority or reasonable excuse for the item or substance to be carried on an aircraft.
4: If the aviation security officer determines that the item or substance is dangerous goods and may not lawfully be carried on an aircraft, the aviation security officer may—
a: detain the item or substance until it is dealt with in accordance with paragraphs (b) to (e)
b: dispose of or destroy the item or substance; or
c: deliver the item or substance to a constable; or
d: retain the item or substance if required for investigative or evidential purposes; or
e: return the item or substance to the agency or carrier that identified it or, if practicable, to its owner or the person entitled to possession of it.
5: If the aviation security officer determines that the item or substance is not dangerous goods, the aviation security officer must,—
a: if practicable, return the item or substance to its owner or the person entitled to possession of it; or
b: if it is impracticable to return the item or substance to its owner or the person entitled to possession of it, deliver the item or substance to the agency or carrier that identified it. Aviation Crimes Act 1972
160: Relationship of this subpart to Aviation Crimes Act 1972
Except as provided in this subpart,—
a: nothing in this subpart limits or affects the Aviation Crimes Act 1972; and
b: nothing in the Aviation Crimes Act 1972 limits or affects this subpart. Powers of arrest
161: Power of arrest for crimes against Aviation Crimes Act 1972 or Arms Act 1983
1: Every aviation security officer is justified in arresting without warrant any person on or in the vicinity of any security designated aerodrome or security designated navigation installation if the officer has reasonable grounds to believe that an offence has been or is being committed by the person against any of the following legislation:
a: sections 3, 4, 5, 5A, and 11 of the Aviation Crimes Act 1972:
b: section 45 of the Arms Act 1983 (which relates to unlawful carriage of firearms, ammunition, or explosives).
2: An aviation security officer may—
a: search a person arrested under subsection (1)
b: seize any item or substance that may be evidence of an offence against legislation specified in subsection (1)
i: the person has an item or a substance hidden or in clear view on or about the person’s body that is evidence of an offence against legislation specified in subsection (1)
ii: the item or substance poses a threat to the safety of the officer or any other person; and
iii: immediate action is necessary to address the threat.
3: An aviation security officer may use reasonable force, or any assistance that is reasonably necessary in the circumstances, to—
a: arrest a person under subsection (1)
b: search a person under subsection (2)
c: seize an item or a substance under subsection (2)
4: To avoid doubt, an aviation security officer may search a person under this section whether or not an aviation security officer has previously searched the person under another section of this Act or under the Aviation Crimes Act 1972.
5: An aviation security officer who undertakes a search under this section must, within 3 working days of the search, give the Director a written report of the search, the circumstances in which it was conducted, and the matters that gave rise to the reasonable grounds to believe required by subsection (2)(b)
6: Any person called upon to do so by an aviation security officer is justified in assisting the officer in good faith to arrest any person.
7: An aviation security officer must as soon as may be practicable deliver any person the officer arrests, and any item or substance the officer seizes, to a constable.
8: An aviation security officer may seize an item or a substance in the possession of a person that the aviation security officer arrests if the aviation security officer has reasonable grounds to believe that the item or substance is evidence of an offence against legislation specified in subsection (1) 1990 No 98 s 85
162: Arrest of persons delivered to Police
1: If an aviation security officer delivers a person to a constable under this Part, the constable must accept delivery of the person if the constable has reasonable grounds to suspect the person of an act or omission that is an offence against section 166 section 161(1)
2: A constable who accepts delivery of a person under subsection (1)
3: An aviation security officer who detains any person in accordance with section 123(4) 1990 No 98 s 86 Powers of Police under this Act
163: Powers of Police
Every constable has and may exercise all or any of the powers conferred on an aviation security officer under civil aviation legislation. 1990 No 98 s 87 Powers of members of Armed Forces when providing aviation security services
164: Powers of members of Armed Forces when providing aviation security services
1: This section applies to a member of the Armed Forces who has been authorised under section 9 of the Defence Act 1990 to provide aviation security services.
2: When providing aviation security services, the member of the Armed Forces has and may exercise all or any of the powers conferred on an aviation security officer under civil aviation legislation. Protection of aviation security officers
165: Protection of aviation security officers
An aviation security officer is not subject to personal liability in respect of any act done under sections 149 to 151 1990 No 98 s 80I
3: Aviation security offences
166: Refusal to give particulars or to leave airside security area or security enhanced area
1: A person commits an offence if, on being found in an airside security area or security enhanced area, the person—
a: refuses to state the person’s name, address, and date of birth and the purpose of the person’s presence in, and their authority to enter, the airside security area or security enhanced area after—
i: having been informed that the person is in an airside security area or security enhanced area; and
ii: having been requested by an authorised security person to state those particulars; or
b: refuses to leave the airside security area or security enhanced area immediately after being ordered by an authorised security person to do so.
2: A person who commits an offence against subsection (1)
a: an airside security area is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,500, or both:
b: a security enhanced area is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000, or both. 1990 No 98 s 54
167: Being present in security area without being searched or when not authorised
1: A person commits an infringement offence if—
a: the person—
i: is present in an airside security area; and
ii: is required under subpart 2
iii: has not been searched as required; or
b: the person is present in an airside security area or security enhanced area in breach of section 122
2: A person commits an infringement offence if the person—
a: is present in a landside security area; and
b: is required under subpart 2
c: has not been searched as required.
3: A person who commits an infringement offence against this section is liable to—
a: an infringement fee of $1,000; or
b: a fine imposed by a court not exceeding $2,500.
168: Offence to impersonate aviation security officer
1: A person who is not an aviation security officer but, by words, conduct, demeanour, or the assumption of the dress, name, designation, or description of an aviation security officer, holds themselves out as being an aviation security officer commits an offence.
2: A person who commits an offence against subsection (1) 1990 No 98 s 55(1)(a)
169: Offence to obstruct aviation security officer or authorised security person
1: A person who wilfully obstructs, or incites or encourages any person to obstruct, an aviation security officer or an authorised security person in the execution of the person’s duty commits an offence.
2: A person who commits an offence against subsection (1) 1990 No 98 s 55(1)(b)
170: Threatening or assaulting aviation security officer or authorised security person
1: A person who threatens or assaults an aviation security officer or an authorised security person acting in the execution of their duty commits an offence.
2: A person who commits an offence against subsection (1)
171: Obstruction or interference with aviation security dog
1: A person commits an offence if the person—
a: intentionally interferes with an aviation security dog; or
b: does any act with the intention of impairing the effectiveness of an aviation security dog.
2: A person who commits an offence against subsection (1)
172: Killing or injuring aviation security dog
1: A person who, without lawful authority or reasonable excuse, and intentionally, kills, maims, wounds, or otherwise injures an aviation security dog commits an offence.
2: A person who commits an offence against subsection (1)
173: Security check offences
1: A person commits an offence if the person, in relation to a security check of the person under section 126
a: provides information that the person knows is false or misleading in a material particular; or
b: fails to disclose, without reasonable excuse, information that the person knows to be materially relevant.
2: A person who commits an offence against subsection (1) 1990 No 98 s 56A
6: International aviation
1: International air services licensing
174: Interpretation in this Part
In this Part, unless the context otherwise requires,— capacity
a: number of aircraft:
b: types of aircraft:
c: number of seats:
d: volume or weight of cargo:
e: any other differential basis class 1 non-scheduled commercial international flight class 2 non-scheduled commercial international flight foreign international airline
a: is offering or operating a scheduled international air service; or
b: intends to offer or operate a scheduled international air service licensee licensing authority section 178 New Zealand international airline
a: is designated, or seeking to be designated, as an airline that is entitled to offer air transport services as a New Zealand airline under an air services agreement (or similar arrangement) between New Zealand and any other country or territory; or
b: has its principal place of business in New Zealand and is operating, or seeking to operate, a scheduled international air service under the single aviation market arrangements set out in the air services agreement in force between New Zealand and Australia non-scheduled commercial international flight
a: is offered otherwise than under an international air services licence; and
b: is engaged in the carriage of passengers, cargo, or mail for remuneration or hire between New Zealand and 1 or more points in any other country or territory restricted scheduled international air service scheduled international air service
a: if a particular series of flights has been determined under section 175
b: in relation to a New Zealand international airline, includes a seventh freedom service seventh freedom service
a: the airline is designated by New Zealand as a seventh freedom service under the air services agreement (or similar arrangement) between New Zealand and each country or territory in which the service is being performed; and
b: the service is performed according to the traffic rights allocated to the airline under those agreements (or arrangements); and
c: the service is a scheduled service. 1990 No 98 s 87A Licensing authority may determine that service is scheduled international air service
175: Licensing authority may determine whether service is scheduled international air service
1: The licensing authority may determine in a particular case that a series of flights performed by aircraft between New Zealand and 1 or more points in any other country or territory is a scheduled international air service.
2: In making a determination, the licensing authority may take into account—
a: the substantive nature of the flights; and
b: the manner in which the flights are operated, including the regularity and frequency of the flights; and
c: the manner in which the flights are open to use by members of the public.
3: In this section, licensing authority
a: where the determination is made as part of considering an application for a licence under this subpart, the licensing authority that is considering the application; and
b: in any other case, the person who would in accordance with section 178 Licence-related provisions
176: Licence for scheduled international air service
1: A person who wishes to carry on in New Zealand any scheduled international air service must apply, in accordance with this Act, for a scheduled international air service licence.
2: Any scheduled international air service in New Zealand must be conducted—
a: in accordance with civil aviation legislation; and
b: in conformity with the terms and conditions of the appropriate licence. 1990 No 98 s 87B
177: Application for licence
An application for a licence under this Part must—
a: be made to the Ministry; and
b: be in the form (if any) that the Secretary requires; and
c: include the information and documents—
i: as may be required by the regulations; or
ii: that are specified by the Secretary. 1990 No 98 s 87C
178: Licensing authority
1: The licensing authority for the grant of scheduled international air service licences is—
a: the Minister, if the applicant is—
i: a New Zealand international airline, and the application relates to a restricted scheduled international air service; or
ii: a foreign international airline of a country or territory with which New Zealand does not have an air services agreement (or similar arrangement); or
b: the Secretary, in all other cases.
2: The licensing authority is responsible for—
a: determining applications for scheduled international air service licences, taking into account the matters specified in section 180
b: exercising jurisdiction in respect of scheduled international air service licences in accordance with this Part. 1990 No 98 ss 87D, 87L
179: Notice of application for restricted scheduled international air service
If an application relating to a restricted scheduled international air service is made by a New Zealand international airline in accordance with section 177
a: give notice on the Ministry’s Internet site of the receipt of the application; and
b: specify in the notice a time, not less than 21 days from the date of the notice, within which the Secretary will receive written representations from any person relating to the application. 1990 No 98 s 87E
180: Consideration of application for scheduled international air service licence
1: In considering and determining any application for a scheduled international air service licence, the licensing authority—
a: must take into account the following matters:
i: the main and additional purposes of this Act:
ii: any relevant international agreement, convention, or arrangement to which New Zealand is a party:
iii: in relation to an application for a restricted scheduled international air service licence made by a New Zealand international airline, any written representations received by the Secretary in relation to the application in accordance with section 179(b)
b: may take into account any other matter that the licensing authority thinks fit in the public interest.
2: If the granting of a licence would be contrary to any agreement, convention, or arrangement referred to in subsection (1)(a)(ii) 1990 No 98 ss 87F, 87M
181: Grant of licence
1: The licensing authority, after considering the application in accordance with section 180
a: refuse it; or
b: grant it (either in whole or in part)—
i: unconditionally; or
ii: subject to conditions that the licensing authority thinks relevant.
2: The scheduled international air service licence may be in a form that the licensing authority thinks fit.
3: Without limiting subsection (1)
a: the countries or territories, or points within those countries or territories, that may be served and the route or routes that may be followed:
b: the maximum capacity that may be provided:
c: a date before which the service must commence.
4: If the licensing authority grants a licence, the Ministry must give notice in the Gazette 1990 No 98 ss 87G, 87N
182: Duration of licence
1: A licence granted under section 181
a: takes effect on the date stated in the licence; and
b: may be granted—
i: for a term that the licensing authority considers appropriate in the particular case; and
ii: for an indefinite term, if the licensing authority thinks fit.
2: A licence, subject to subsection (3)
a: an application is made under section 183
b: the application is not disposed of before the date of expiry of the licence.
3: If subsection (2) 1990 No 98 ss 87H, 87O
183: Renewal of licence
1: The licensing authority may renew a licence granted under section 181
2: An application for the renewal of a licence granted under section 181
a: be lodged with the Ministry not less than 1 month before the date on which the licence expires; or
b: be lodged with the Ministry not less than 3 months before the date on which the licence expires, if the licence includes a restricted scheduled international air service for a New Zealand international airline.
3: If the licence includes a restricted scheduled international air service for a New Zealand international airline, the Secretary must—
a: publish a notice of the application for renewal of a licence; and
b: specify in the notice a time, not less than 21 days from the date of the notice, within which the Secretary will receive written representations from any person relating to the application.
4: The licensing authority must consider and determine an application for renewal of a licence in accordance with the requirements of section 180(1)(a) and (b)
5: A licence renewed under this section—
a: takes effect from the date of the expiry of the licence for which the renewal is granted; and
b: may be granted—
i: for a term that the licensing authority considers appropriate in the particular case; and
ii: for an indefinite term, if the licensing authority thinks fit. 1990 No 98 ss 87I, 87P
184: Variation of terms and conditions of licence
1: The licensing authority may do any of the things specified in subsection (2) section 181
a: if the scheduled international air service licence is in force; and
b: on—
i: the licensing authority’s own volition; or
ii: the application of the licensee.
2: The things referred to in subsection (1)
a: amend any of the terms and conditions of the licence:
b: revoke any of the terms and conditions of the licence:
c: add any new terms or conditions to the licence.
3: If the licensing authority intends to exercise the power under subsection (1)(b)(i)
a: if the proposed variation relates to, or involves, a restricted scheduled international air service, the authority must give not less than 21 days’ notice in writing:
b: in any other case, the authority must give not less than 21 days’ notice in writing unless the licensee and the licensing authority agree on a shorter period.
4: If the proposed variation relates to, or involves, a restricted scheduled international air service, the licensing authority must—
a: give public notice of the licensing authority’s intention to consider exercising a power under this section, if any proposed variation involves—
i: a change or an addition to the route or routes to be operated; or
ii: an increase in the capacity of the service to be provided; and
b: specify in the notice a time, not less than 21 days from the date of the notice, within which the Secretary will receive written representations from any person regarding the proposed variation.
5: The licensing authority must consider and determine an application under this section in accordance with the requirements of section 180(1)(a) and (b)
6: If the licensing authority varies the terms or conditions of a licence that relates to, or includes, a restricted scheduled international air service, the licensing authority must give notice in the Gazette 1990 No 98 ss 87J, 87Q
185: Holder of licence may operate non-scheduled international flights without authorisation under section 189
If a person holds a licence under this subpart, the person is entitled to carry on specified non-scheduled commercial international flights, without authorisation under section 189 1990 No 98 s 87Z Requirements on licensees
186: Proof of insurance against liability
1: The licensing authority may ask an applicant or a licensee (as the case may be) to provide proof of insurance against liability that may arise out of, or in connection with, the operation of the service in respect of—
a: the death of, or bodily injury to, any person; and
b: the loss of, or damage to, any property.
2: The licensing authority may exercise the power in this section at 1 or more of the following times:
a: before granting a licence:
b: before renewing a licence:
c: at any other time while the licence is in force.
3: If the licensing authority exercises the power under this section, the applicant or licensee must provide the proof of insurance to the licensing authority’s satisfaction within any reasonable time that is specified by the licensing authority. 1990 No 98 s 87ZA
187: Returns to be made
1: The Secretary may, by notice in writing to a relevant person, require the relevant person to make—
a: financial and statistical returns and statements as at specific dates, or in relation to specified periods, or on the occurrence of specified events, including on an ongoing basis; or
b: financial and statistical returns and statements that the Secretary requires from time to time.
2: The relevant person must provide the Secretary with financial and statistical returns and statements to the Secretary’s satisfaction within any reasonable time that is specified by the Secretary.
3: In this section, relevant person
a: a scheduled international air service under a licence; or
b: a class 1 non-scheduled commercial international flight. 1990 No 98 s 87ZB Suspension and revocation of licences
188: Suspension and revocation of licences
The Minister may suspend a licence granted under this Part for a period that the Minister thinks fit, or revoke a licence granted under this Part, if—
a: the licensee has failed to comply with any civil aviation legislation; or
b: the service authorised by the licence is not commenced on the date specified in the licence; or
c: the Minister is satisfied that the service authorised by the licence has not been or is not being carried on in conformity with the terms and conditions of the licence; or
d: the service authorised by the licence has been terminated; or
e: the licence—
i: has been granted under, or in accordance with, any convention, agreement, or arrangement between the Government of New Zealand and the Government of any other country or territory; and
ii: that convention, agreement, or arrangement has been terminated or has ceased to bind or apply to the Government of New Zealand or the Government of that other country or territory; or
f: the licence—
i: has been granted under, or in accordance with, any convention, agreement, or arrangement referred to in paragraph (e)(i)
ii: circumstances have occurred, or any condition has been fulfilled, following which the Minister, or the Government of New Zealand, has become entitled under, or in accordance with, the convention, agreement, or arrangement to revoke the licence. 1990 No 98 ss 87ZC, 87ZD Class 1 non-scheduled commercial international flights
189: Class 1 non-scheduled commercial international flights must be authorised by Secretary
1: This section applies to class 1 non-scheduled commercial international flights between—
a: New Zealand; and
b: 1 or more points in any other country or territory.
2: No person may operate a class 1 non-scheduled commercial international flight referred to in subsection (1)
3: The Secretary must not authorise a series of non-scheduled commercial international flights under this section—
a: if the effect of authorisation would circumvent any convention, agreement, or arrangement between the Government of New Zealand and the Government of any other country or territory; and
b: unless the flights have all other necessary approvals to operate.
4: Nothing in subsections (1) to (3)
5: This section is subject to section 185 1990 No 98 s 87ZE Miscellaneous provisions
190: Additional requirements of regulations and rules
No aircraft is exempt from the operation of any regulation or rules made under this Act only because it is being used in connection with—
a: a scheduled international air service under a licence granted under this Part; or
b: a non-scheduled commercial international flight. 1990 No 98 s 87ZF
191: This subpart not in force in Tokelau
1: This subpart is not in force in Tokelau.
2: However, regulations may be made under section 4 of the Tokelau Act 1948 bringing this subpart, with or without modifications, into force in Tokelau. 1990 No 98 s 87ZG Offences
192: Carrying on scheduled international air service without licence or contrary to licence
1: A person commits an offence if the person—
a: carries on a scheduled international air service in New Zealand without a licence granted under this subpart; or
b: is the holder of a licence granted under this subpart, and carries on a scheduled international air service in New Zealand in a manner contrary to the terms and conditions of the licence.
2: A person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $30,000:
b: in the case of any other person, to a fine not exceeding $200,000. 1990 No 98 s 49A
193: Operating unauthorised non-scheduled commercial international flight or carrying on non-scheduled commercial international flight contrary to licence
1: A person commits an offence if the person—
a: operates a non-scheduled commercial international flight to which section 189
b: is the holder of a licence under this subpart and carries on a non-scheduled commercial international flight in a manner contrary to the terms and conditions of the licence.
2: A person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $30,000:
b: in the case of any other person, to a fine not exceeding $200,000. 1990 No 98 s 49B
2: International air carriage competition
194: Interpretation in this subpart
In this subpart, unless the context otherwise requires,— capacity section 174 international carriage by air
a: between New Zealand and any place outside New Zealand; or
b: where that carriage is purchased, sold, or arranged in New Zealand, between places outside New Zealand tariff
a: that is expressed to apply—
i: to 1 or more specified airlines; or
ii: to all airlines other than 1 or more specified airlines; or
iii: to all airlines; and
b: that specifies—
i: the fares, rates, and charges applicable to international carriage by air between specified points (irrespective of whether direct, indirect, or involving any stopovers) that may, at any time, be provided by the airlines to which it is expressed to apply; and
ii: any conditions subject to which the fares, rates, and charges, or any of them, are to apply to international carriage by air between those points; and
iii: any conditions subject to which international carriage by air between those points is to be provided on such fares, rates, and charges. 1990 No 98 s 88(1)
195: When person may apply for authorisation
1: A person may apply to the Minister for an authorisation in accordance with this subpart if—
a: the person is conducting, or intends to conduct, international carriage by air; and
b: the person wishes to—
i: enter into a contract or an arrangement, or arrive at an understanding, where all parties to the contract, arrangement, or understanding are, or will be, conducting international carriage by air in co-operation with each other; or
ii: give effect to a provision of a contract or an arrangement or understanding where all parties to the contract, arrangement, or understanding are, or will be, conducting international carriage by air in co-operation with each other; and
c: the person considers that—
i: the contract, arrangement, or understanding would, or might, contravene section 27 of the Commerce Act 1986; or
ii: the contract, arrangement, or understanding would, or might, contravene section 30 of the Commerce Act 1986 and section 31 of that Act does not apply to the contract, arrangement, or understanding.
2: The application must be made in any form and manner required by the Minister.
3: This section is subject to section 204
196: Actions following receipt of application for authorisation
1: If the Minister receives a properly completed application for authorisation in accordance with section 195
a: give public notice of—
i: the Minister’s intention to consider exercising the power to grant an authorisation; and
ii: the details of the application for authorisation as the Minister thinks fit; and
b: specify in the notice a reasonable time within which the Minister will receive written representations from any person regarding the application for authorisation.
2: In relation to any application, the Minister may consult with any person who, in the Minister’s opinion, is able to assist the Minister to determine the application.
197: Further provisions relating to application for authorisation
1: On receipt of an application for authorisation that is incomplete, not in accordance with any other requirements of the Minister, or not accompanied by the prescribed fee, the Minister may, at the Minister’s discretion,—
a: accept the application and do the things referred to in section 196(1)
b: return the application to the person by or on whose behalf it was made; or
c: decline to register the application until the application is completed in accordance with section 195(2)
2: If the Minister declines to register an application under subsection (1)(c)
3: The Minister may require the following persons to provide, and those persons must provide, within the time the Minister specifies, further documents or information in relation to the application for authorisation for the purpose of enabling the Minister to exercise the Minister’s functions under this subpart:
a: the person making the application:
b: any person on whose behalf the application was made:
c: any person to whom the application relates.
4: Despite section 196(1) subsection (3)
5: Any person who has applied to the Minister for an authorisation may, at any time, by notice in writing to the Ministry, withdraw the application.
198: Powers of Minister to prohibit disclosure of information, documents, and evidence
1: The Minister may, in relation to any application for authorisation, make an order prohibiting—
a: the publication or communication of all or any information, document, and evidence which is given to, or obtained by, the Ministry under this subpart:
b: the giving of any evidence involving any information, document, or evidence referred to in paragraph (a)
2: An order may be expressed to have effect for the period specified in the order.
3: However, no order has effect,—
a: if the order was made in connection with any application for authorisation, after the expiry of 20 working days from the date on which the Minister makes a final determination in respect of that application; or
b: if the application is withdrawn before the Minister makes a final determination, after the date on which the application is withdrawn.
4: On the expiry of an order, the Official Information Act 1982 applies in respect of any information, document, or evidence that was the subject of that order.
5: A person who, contrary to an order, publishes or communicates any information, document, or evidence that was the subject of that order commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $7,500:
b: in the case of any other person, to a fine not exceeding $25,000. 1986 No 5 s 100
199: Minister may authorise international carriage by air
1: The Minister may, in relation to an application for an authorisation under this subpart, authorise a provision or provisions of a contract, an arrangement, or an understanding where—
a: all parties to the contract, arrangement, or understanding are conducting international carriage by air in co-operation with each other; and
b: the provision or provisions relate to—
i: a specified activity carried out for the purposes of the co-operation; or
ii: an activity that is ancillary to a specified activity and that is reasonably necessary for the purpose of the co-operation.
2: The Minister may grant an authorisation if the Minister is satisfied that—
a: granting the authorisation will contribute to the main purpose or any of the additional purposes of this Act; and
b: giving effect to the provisions of the contract, arrangement, or understanding to which the application relates will in all the circumstances result, or be likely to result, in a benefit to the public that would outweigh any lessening in competition that would result, or would be likely to result, from those provisions.
3: When granting an authorisation, the Minister must—
a: specify the duration of the authorisation:
b: specify any conditions that apply to the authorisation.
4: In subsection (1) specified activity
a: the scheduling, capacity, or frequency of services:
b: the fixing of tariffs:
c: the conditions and benefits associated with tariffs:
d: frequent flyer schemes:
e: lounge access and other preferential services:
f: revenue sharing or profit sharing, or both. 1990 No 98 s 88(2), (4)
200: Minister must notify proposed decision to grant or decline authorisation
If the Minister intends to grant or decline an application for authorisation, the Minister must—
a: give public notice of the Minister’s intention to grant or decline the application; and
b: specify a time within which the Minister will receive written representations from any person regarding the proposed decision to grant or decline the authorisation.
201: Minister must notify final decision to grant or decline authorisation
After the Minister makes a final decision to grant or decline an authorisation, the Minister must give public notice of that final decision with the Minister’s reasons for the decision.
202: Further powers of Minister in relation to authorisations
1: The Minister may take 1 or more of the following actions in accordance with this section:
a: vary the duration of an authorisation (even if the duration to be varied is stated as indefinite):
b: vary or revoke the conditions that apply to an authorisation or specify new conditions:
c: revoke an authorisation.
2: The Minister may take an action under subsection (1)
a: the authorisation was given on information that was false or misleading in a material particular; or
b: there has been a material change of circumstance; or
c: a condition upon which the authorisation was granted has not been complied with.
3: The Minister must not take an action under subsection (1)
a: has given the person to whom the authorisation was given, and any other person who in the opinion of the Minister is likely to have an interest in the matter, a reasonable opportunity to make submissions to the Minister; and
b: has had regard to those submissions.
203: Authorisation of tariffs by Minister in specified circumstances
1: The Minister may authorise any tariff in respect of international carriage by air in the circumstances in subsection (2)
2: The circumstances are—
a: that the relevant places of departure and destination in relation to the international carriage by air are within the territories of 2 countries, one of which is New Zealand (irrespective of whether there is to be a break in the carriage or a transhipment); and
b: that an agreement, an arrangement, or an understanding contains a provision that requires the tariff to be subject to an authorisation by the Minister. 1990 No 98 s 90(1)
204: Application of Commerce Act 1986
1: Nothing in sections 27, 30, and 30C to 33 of the Commerce Act 1986 applies to, or in respect of,—
a: the negotiation or conclusion of any contract, arrangement, or understanding—
i: if, and to the extent that, it contains a provision relating to international carriage by air; and
ii: if, and only if, that provision is not given effect to before its authorisation under section 199
b: any provision of a contract, an arrangement, or an understanding relating to international carriage by air if, and only if, it is not given effect to before its authorisation under section 199
2: Every authorisation by the Minister under section 199 1990 No 98 s 91
3: Carbon offsetting and reduction scheme for international aviation (CORSIA)
205: Interpretation
1: In this subpart, unless the context otherwise requires,— accredited verification body attributed flight
a: means a flight attributed to an eligible New Zealand operator in accordance with the regulations; but
b: does not include any flight that is an excluded flight eligible unit excluded flight
a: is principally for medical, firefighting, humanitarian, or search and rescue purposes; or
b: is conducted on behalf of the New Zealand Government for non-commercial purposes in the exercise of New Zealand’s functions or duties as a sovereign State New Zealand operator
a: has a registered place of business in New Zealand; and
b: operates an air transport service offering air transport services to 1 or more places outside New Zealand as a New Zealand airline regulations section 409 reporting period
2: A person is an eligible New Zealand operator
a: is a New Zealand operator; and
b: in the previous calendar year produced from its attributed flights annual emissions of greater than an amount prescribed by the regulations.
3: A person is a new entrant
a: the person meets the criteria specified in subsection (2)(a) and (b)
b: the activity in respect of which the person meets those criteria is not in whole or in part a continuation of an activity previously performed by another person.
206: Eligible New Zealand operator must provide contact details
1: An eligible New Zealand operator must ensure that it provides to the Secretary all contact details required by the Secretary for the purpose of this subpart.
2: The eligible New Zealand operator must promptly notify the Secretary of any changes to the contact details required by the Secretary under subsection (1)
207: Emissions monitoring plan
1: An eligible New Zealand operator must develop, implement, and maintain an emissions monitoring plan for monitoring and recording fuel used in attributed flights.
2: An emissions monitoring plan must be approved under subsection (6)
3: No material change to an emissions monitoring plan may be implemented unless it is approved under subsection (6)
4: A draft plan, or a proposed amendment to a plan, must be submitted to the Secretary in accordance with any prescribed requirements.
5: The Secretary may require the operator to provide, and the operator must provide, within the time the Secretary specifies, further documents or information in relation to the plan, or proposed amendment to a plan, that the Secretary considers necessary to make a decision under subsection (6)
6: The Secretary must approve an emissions monitoring plan, or an amendment to a plan, if the Secretary is satisfied that the plan complies, or as proposed to be amended will comply, with the requirements of the regulations.
208: Emissions reports
1: An eligible New Zealand operator must submit emissions reports to the Secretary.
2: Each emissions report must—
a: be submitted by the time specified in the regulations; and
b: meet all other requirements of the regulations; and
c: be verified in accordance with section 212
209: Secretary may determine emissions if eligible New Zealand operator fails to submit emissions report
1: This section applies if an eligible New Zealand operator fails to submit an emissions report to the Secretary under section 208 section 208(2)(a)
2: The Secretary may estimate the operator’s emissions for the relevant reporting period—
a: using the information available to the Secretary; and
b: in accordance with the regulations.
3: The regulations apply with any necessary modifications where the calculation is made under subsection (2)
210: Calculation of offsetting requirements for eligible New Zealand operator
The Secretary must calculate the offsetting requirements for each reporting period for each eligible New Zealand operator in accordance with the regulations and advise the operator of these requirements.
211: Emissions unit cancellation reports
1: An eligible New Zealand operator must submit emissions unit cancellation reports to the Secretary for each reporting period.
2: Each emissions unit cancellation report must—
a: be submitted by the time specified in the regulations; and
b: meet all other requirements of the regulations; and
c: be verified in accordance with section 212
212: Verification of reports
Emissions reports and emissions unit cancellation reports must be verified by an accredited verification body—
a: by the time specified in the regulations; and
b: in accordance with all other requirements of the regulations.
213: Secretary may request emissions information from New Zealand operator
1: This section applies to a person who—
a: is a New Zealand operator; and
b: is not already complying with the other provisions of this subpart as an eligible New Zealand operator.
2: The Secretary may request the emissions information prescribed in the regulations from any person to whom this section applies for the purpose of monitoring whether the person may be required to comply with the other requirements of this subpart.
3: Any emissions information requested under subsection (2)
a: be submitted by the time specified in the regulations or any other time that the Secretary specifies; and
b: meet any other requirements of the regulations.
214: Application of sections 207 to 213 subject to regulations about new entrants
Sections 207 to 213
215: Eligible New Zealand operator may request that information be treated as confidential
1: An eligible New Zealand operator may, when providing any information to the Secretary under this subpart,—
a: state that the operator considers that—
i: the whole or part of the information is confidential; and
ii: public disclosure of the information concerned would harm the operator’s commercial interests; and
b: request that the information be treated as confidential.
2: The eligible New Zealand operator must when making a request under subsection (1)
216: Sharing of information between Secretary and ICAO
1: The Secretary may provide ICAO with any information, or a copy of any document, that—
a: the Secretary holds in relation to the performance or exercise of the Secretary’s functions, duties, or powers under this subpart; and
b: it is necessary or desirable to provide to ICAO for the performance or exercise of the functions, duties, or powers of ICAO under Annex 16, Vol IV of the Convention.
2: If the Secretary determines that any information or document should be treated as confidential, the Secretary must impose reasonable conditions relating to the provision of the information or document, including conditions consistent with Annex 16, Vol IV of the Convention relating to—
a: the publication, storage, and use of, or access to, anything provided:
b: the copying, returning, or disposing of copies of any document provided.
3: This section applies despite anything to the contrary in any contract, deed, or document.
217: Offences relating to CORSIA
1: A person commits an offence if the person—
a: operates an attributed flight without an emissions monitoring plan contrary to section 207
b: fails to provide an emissions report required under section 208
c: fails to complete the carbon offsetting requirements calculated by the Secretary under section 210
d: fails to provide an emissions unit cancellation report required under section 211
2: A person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of any other person, to a fine not exceeding $250,000.
7: Airports
1: Interpretation
218: Interpretation in this Part
In this Part and in Schedule 3 accounting period section 5(1) identified aerodrome activity
a: the provision, within a security area of an aerodrome, of—
i: a hangar; or
ii: a facility or service for aircraft refuelling, flight catering, waste disposal, or freight storage; or
iii: a security, customs, or quarantine service for freight:
b: any other activity to enable—
i: aircraft to be serviced or maintained within a security area of the aerodrome; or
ii: freight that is transported (or to be transported) by aircraft to be handled within a security area of the aerodrome:
c: any activity to enable aircraft to land or take off, including the provision of—
i: an aerodrome or part of an aerodrome; or
ii: an air traffic service; or
iii: aerodrome lighting; or
iv: a service to maintain or repair an aerodrome or part of an aerodrome; or
v: a rescue, fire, safety, or environmental hazard control service; or
vi: an aerodrome supervisory or security service:
d: any activity, other than the provision of space for retail activities, in relation to aircraft passengers who are in a security area of an aerodrome, including the provision of—
i: a passenger seating area or thoroughfare or an airbridge; or
ii: a flight information or public address system; or
iii: a facility or service for operating customs, immigration, or quarantine checks or control; or
iv: a facility for collecting duty-free items; or
v: a facility or service for operating aviation security or Police services:
e: any activity in a passenger terminal to enable the check-in of aircraft passengers, including the provision of a baggage handling service:
f: the holding of land, or of any other facility or asset, for an activity under any of paragraphs (a) to (e) in the future (whether or not the land or other facility or asset is used for another purpose in the meantime) joint venture aerodrome lease relevant government agency section 5 space requirement
a: a requirement under section 37
b: a requirement under section 385
c: a requirement under section 70
d: a requirement under the rules to make areas, facilities, or systems available for the provision of aviation security services by AvSec:
e: a requirement under the Health Act 1956 substantial customer section 219 1966 No 51 s 2 s 92
219: Meaning of substantial customer
1: For the purposes of this Part, a person is a substantial customer
2: This subsection applies if the person paid, or was liable to pay, the airport operator an amount—
a: relating to identified aerodrome activities undertaken during the airport operator’s last accounting period; and
b: exceeding 5% of the total revenue paid or payable to the airport operator in relation to identified aerodrome activities undertaken during that period.
3: This subsection applies if the person is authorised in writing to represent, and exercise the powers of a substantial customer under this subpart in relation to, a number of persons and—
a: those persons in aggregate paid, or were liable to pay, the airport operator an amount—
i: relating to identified aerodrome activities undertaken during the airport operator’s last accounting period; and
ii: exceeding 5% of the total revenue paid or payable to the airport operator in relation to identified aerodrome activities undertaken during that period; and
b: the person has provided the airport operator with a copy of the authorisations for inspection. 1966 No 51 s 2A
2: Airport operators
220: Secretary must maintain register of airport operators and airports
1: The Secretary must maintain a register of airport operators on the Ministry’s Internet site in accordance with prescribed requirements (if any).
2: The register must state, for each airport operator,—
a: the aerodrome and any other area that the registration of the operator under section 222
b: the name of the operator; and
c: when the operator was registered; and
d: if the registration has been suspended or cancelled, that fact and the date on which the suspension or cancellation took effect; and
e: any space requirements that apply in relation to the airport operator; and
f: whether a regulatory airport spatial undertaking has been accepted under section 243
g: any other prescribed information.
3: The Secretary may include in the register any other information that the Secretary thinks fit.
4: The Secretary must update the register if the Secretary becomes aware that there is a change or error in the information on the register (for example, a change in the name of an airport operator).
221: Applications for registration
1: The operator of an aerodrome, or the proposed operator of an aerodrome not yet in operation, in which there is or will be a space requirement must apply to the Secretary to be registered in relation to the aerodrome.
2: The operator of any other aerodrome, or the proposed operator of any other aerodrome not yet in operation, may apply to the Secretary to be registered in relation to the aerodrome.
3: An application under this section may be made by 2 or more people acting jointly as the operator or proposed operator.
4: An application under this section must be made in the manner specified by the Secretary on the Ministry’s Internet site.
5: The applicant must provide the Secretary with the information required by the Secretary to assist in determining the application. 1966 No 51 s 3
222: When aerodrome operator may or must be registered
1: After receiving an application under section 221
a: the persons or representatives of the persons the Secretary considers will be substantially affected by the registration have been consulted; and
b: registering the operator in relation to the aerodrome is consistent with the main and additional purposes of this Act; and
c: there is no reason to believe that the applicant will not comply with their airport operator obligations.
2: The notice to the applicant under subsection (1) must specify the area covered by the registration.
3: That area—
a: must include the aerodrome; and
b: may include any other area that the Secretary is satisfied is being used, or held for future use, for the purposes of the airport.
223: Area covered by registration may be varied
1: An airport operator may apply to the Secretary for the area covered by a registration notified to it under section 222
2: After receiving an application under subsection (1), the Secretary must vary the area by amending the register, and must provide written notice of the variation to the airport operator, if satisfied that—
a: the persons or representatives of the persons the Secretary considers will be substantially affected by the variation have been consulted; and
b: making the variation is consistent with the main and additional purposes of this Act; and
c: there is no reason to believe that, as a result of the variation, the airport operator will not comply with their airport operator obligations.
3: The notice under subsection (2) must specify the area as varied that is covered by the registration.
224: Registration may cover 2 or more airports
1: The same registration may cover 2 or more airports.
2: In that case,—
a: a reference in this Act to the airport covered by the registration is taken instead to be a reference to each of the airports severally; and
b: the decision to add another airport to a registration must be made on the same basis as a decision to register the airport operator under section 222
c: the registration may be suspended or cancelled in respect of 1 of those airports as if the airport operator were separately registered in relation to each airport; and
d: a reference in this Act to a registration being issued, suspended, or cancelled is to be taken to be a reference to the registration being issued, added to, suspended, or cancelled, in relation to 1 or more of those airports.
225: Secretary may suspend or cancel registration
1: The Secretary may, by written notice to the airport operator, suspend (for a specified period or until a specified requirement is met) or cancel a registration under section 222
a: the airport operator, by written notice, requests the Secretary to do so; or
b: the Secretary is satisfied that—
i: the airport operator is not carrying on the business or undertaking of operating the airport (for example, due to insolvency); or
ii: the airport operator does not hold an aviation document that, under the rules, is required to operate the airport.
2: Despite subsection (1), the registration of an airport operator that has space requirements must not be cancelled unless a new airport operator is first registered for the airport.
3: A person in respect of whom a decision is made under subsection (1) may appeal against the decision to the District Court under section 453
226: Airport to be operated commercially
1: An airport operated by an airport operator must be operated as a commercial undertaking unless—
a: the airport operator—
i: is a local authority; and
ii: provides in its planning documents that the airport is not to be operated as a commercial undertaking; or
b: the airport operator is a council-controlled organisation that—
i: provides in its constitution, or any other rule or document constituting the council-controlled organisation or governing its activities, that the airport is not to be operated as a commercial undertaking; and
ii: is not a specified airport company; or
c: the airport operator—
i: is a local authority; and
ii: is a shareholder in, a member of, or otherwise forms part of a company or an entity that is a council-controlled organisation that—
A: provides in its constitution, or any other rule or document constituting the council-controlled organisation or governing its activities, that the airport is not to be operated as a commercial undertaking; and
B: is not a specified airport company.
2: In this section,— council-controlled organisation section 6(1) and (4) local authority section 5(1) specified airport company section 56A
227: Airport to be Government work
1: For the purposes of the Public Works Act 1981
a: that the Crown is authorised to construct, undertake, establish, manage, operate, or maintain; and
b: for which the Crown is responsible.
2: This section is subject to section 234
228: Acquisition or taking of land for airport
1: This section applies in respect of an airport operated by an airport operator that is not a local authority.
2: The airport operator may apply to the Minister of Lands to have land required for the airport acquired or taken under Part 2
3: The effect of any Proclamation taking land for the purposes of subsection (2) is to vest the land in the airport operator instead of the Crown.
4: Any land held under an enactment or in any other manner by the Crown or a local authority may, with the consent of the Crown or that authority, be set apart for the airport in the manner provided in sections 50 52
5: The setting apart of land under subsection (4)—
a: must be on the terms and conditions (including price) that may be agreed between the Crown or local authority and the airport operator; and
b: is not subject to sections 40 41
6: Land set apart as described in subsections (4) and (5) vests in the airport operator.
7: Any claim for compensation under the Public Works Act 1981
8: All costs and expenses incurred by the Minister of Lands in respect of the acquisition or taking of land in accordance with this section (including any compensation payable by the Minister) is recoverable from the airport operator as a debt due to the Crown.
9: For the purposes of this section, an interest in land, including a leasehold interest, may be acquired or taken as if references to land were references to an interest in land.
229: Holding and disposal of land
1: This section applies in respect of an airport operated by an airport operator that is not a local authority.
2: The chief executive may lodge a caveat under section 138 section 40(2)
3: It is the chief executive and not the airport operator who must comply with sections 40 41 section 134
4: In this section, chief executive section 4
5: For the purposes of this section,—
a: the rights of persons referred to in subsection (2) are an interest in land for the purposes of section 138
b: in stating that interest, it is sufficient for the caveat to refer to sections 40 to 42
230: Airport operators may set charges
1: An airport operator may set charges for identified aerodrome activities provided, operated, or managed by the airport operator.
2: If the charge is, or is proposed to be, payable by a substantial customer, the airport operator must consult the customer—
a: before fixing or altering the amount of the charge; and
b: within 5 years after fixing or altering the amount of the charge.
3: If the charge is, or is proposed to be, payable by a passenger, the airport operator must consult all of its substantial customers—
a: before fixing or altering the amount of the charge; and
b: within 5 years after fixing or altering the amount of the charge.
4: Despite subsections (2) and (3), the airport operator need not consult a substantial customer under this section if the substantial customer has consented in writing to not being consulted (and has not withdrawn that consent).
5: If the airport operator is a specified airport company as defined in section 56A Part 4
6: A failure by an airport operator to comply with this section does not affect the validity or enforceability of any deed, agreement, right, or obligation entered into, obtained, or incurred by the airport operator.
7: Section 43 Part 2
8: This section does not limit the application of Part 4
9: No charge may be set under this section for the carrying out of an activity for which a charge is payable under regulations made under section 407 415
10: In this section, charge 1966 No 51 ss 4A 4B
231: Airport operators must consult concerning capital expenditure plans
1: This section applies if—
a: an airport operator proposes an item or a programme of identified capital expenditure; and
b: the total of any expenditure for the item or under the programme, and any related capital expenditure, that will or is likely to be incurred by the airport operator by the end of the following 5-year period exceeds the relevant amount.
2: The airport operator must consult all of its substantial customers about the proposed item or programme of identified capital expenditure before approving it.
3: Despite subsection (2), the airport operator need not consult a substantial customer under this section if the substantial customer has consented in writing to not being consulted (and has not withdrawn that consent).
4: If the airport operator is a specified airport company as defined in section 56A Part 4
5: A failure by an airport operator to comply with this section does not affect the validity or enforceability of any deed, agreement, right, or obligation entered into, obtained, or incurred by the airport operator.
6: In this section,— following 5-year period identified capital expenditure related capital expenditure relevant amount The following table is small in size and has 2 columns. Column 1 is headed Annual passenger movements of airport operator. Column 2 is headed Amount. Annual passenger movements of airport operator Amount ($) Less than 1,000,000 5,000,000 1,000,000 or more but not more than 3,000,000 10,000,000 More than 3,000,000 30,000,000 1966 No 51 ss 4C, 9B
232: Airport operators must consult concerning spatial plans
1: This section applies if an airport operator proposes to approve a spatial plan for the airport.
2: Before approving the spatial plan, the airport operator must consult the substantial customers of the operator, and the relevant government agencies, that the operator considers appropriate having regard to the plan’s subject matter.
3: Despite subsection (2), the airport operator need not consult a customer or agency under this section if the customer or agency has consented in writing to not being consulted (and has not withdrawn that consent).
4: A failure by an airport operator to comply with this section does not affect the validity or enforceability of any deed, agreement, right, or obligation entered into, obtained, or incurred by the airport operator.
5: In this section, spatial plan
233: Airport operators may vary leases in certain circumstances
1: This section applies if—
a: an airport operator has leased buildings, installations, or land (or any part of them) within the land that is registered as an airport; and
b: during the term of the lease, the building, installation, or land is required for the purposes of the airport.
2: The airport operator may terminate the lease as to the whole of the property leased or as to so much of it as is required for the purposes of the airport.
3: No action may be brought in any court for the payment of damages or compensation in respect of the termination except an action for the payment of compensation provided for in the lease under subsection (4)
4: A lease referred to in subsection (1) may contain a provision requiring the airport operator to pay the lessee on the termination of the lease under subsection (1) compensation for improvements effected by the lessee during the term of the lease.
5: Compensation for improvements effected by the lessee must be an amount agreed between the parties or, failing agreement, an amount determined by arbitration under the Arbitration Act 1996
6: If the amount of compensation for improvements is submitted for arbitration under the Arbitration Act 1996 1966 No 51 s 6(3)–(6)
234: Application of other Acts to airport subdivisions and laying out of access roads
Parts 8 9 Part 21 section 11 Part 10 1966 No 51 s 6(8)
235: Airport bylaws
1: An airport operator may, in respect of the airport that it operates, make bylaws for all or any of the following purposes:
a: the good rule and management of the airport:
b: more effectively carrying out functions and powers of the airport operator in respect of the airport:
c: protecting property used in connection with the airport from damage or injury:
d: prescribing precautions to be taken to protect people or property from accidents or damage:
e: regulating (other than on a road as defined in section 2(1)
i: traffic, whether pedestrian or vehicular; and
ii: the provision and use of parking places for vehicles at the aerodrome:
f: prescribing the times, terms, and conditions on which the public may enter or be in the airport:
g: providing for facilities to be established and maintained at the airport to receive and store lost property.
2: Bylaws under subsection (1)(g) may provide for—
a: lost property to be sold by auction if it is unclaimed after being held by the airport operator for at least 3 months:
b: publicising, in what the operator considers to be a fair and reasonable manner, the proposed sale of lost property:
c: despite paragraphs (a) and (b), disposing of perishable or valueless lost property in any manner determined by the operator.
3: Bylaws made under subsection (1) may—
a: provide differently for different types of persons, vehicles, roads or other places within the airport, aviation participants, or aviation-related services or on any other differential basis; or
b: provide differently for the same class of person, vehicle, road or other place within the airport, aviation participant, or aviation-related service or any other thing in different circumstances.
4: Bylaws made under subsection (1) are not invalid merely because they confer any discretion on, or allow any matter to be determined or approved by, the airport operator or any other person or allow the airport operator or any other person to impose requirements as to the performance of any activities.
5: Bylaws made under this section by an airport operator are secondary legislation for the purposes of the Legislation Act 2019 section 161A 1966 No 51 s 9(1), (1A), (2)
236: Consultation
1: Section 156 section 235
2: An airport operator must not make a bylaw under section 235
a: the CAA; and
b: the Secretary; and
c: any government agency operating at the airport to which the content of the proposed bylaw may be relevant; and
d: the Police; and
e: any other person who the airport operator considers may be substantially affected by the proposed bylaw.
3: The airport operator must—
a: give notice in writing to the persons and agencies specified in subsection (2) of the airport operator’s proposal to make, amend, or replace a bylaw; and
b: give those persons and agencies a reasonable time, which must be specified in the notice, to make submissions on the proposal. 1998 No 110 s 22AD
237: Publication and proof of bylaws
1: As soon as practicable after a bylaw is made, the airport operator must give public notice of the making of the bylaw, stating—
a: the date on which the bylaw comes into force; and
b: that copies of the bylaw may be inspected and obtained at the office of the airport operator on payment of a specified amount.
2: An airport operator must—
a: keep copies of all its bylaws at the office of the airport operator; and
b: make the bylaws available at all reasonable times on an Internet site maintained by or on behalf of the airport operator; and
c: supply to any person, on request and on payment of a reasonable charge, a copy of any of its bylaws.
3: The production of any document purporting to contain a printed copy of any bylaw made under section 235 1998 No 110 s 22AE
238: Minister may amend, replace, or disallow bylaws
1: The Minister may amend, replace, or disallow, either wholly or in part, any bylaw made by an airport operator under section 235
a: is inconsistent with any enactment; or
b: is unreasonable or undesirable to the extent that it relates to or may affect traffic.
2: On any disallowance under subsection (1), the bylaw must, to the extent to which it is disallowed, be treated as having been revoked.
3: Any disallowance under subsection (1) takes effect either on the day after the notice of disallowance is published under the Legislation Act 2019 see
4: A notice made under this section is secondary legislation ( see Part 3 1998 No 110 s 22AC 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 accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
239: Enforcement of bylaws
1: A person who breaches a bylaw in force under this subpart commits an offence and is liable on conviction to a fine not exceeding $500.
2: If a person commits a continuing breach of a bylaw in force under this subpart, then, despite anything in any other Act, the District Court may, on application by the airport operator, grant an injunction restraining the further continuation of the breach by the person.
3: An injunction may be granted under subsection (2)—
a: even though proceedings for the offence constituted by the breach have not been taken; or
b: if the person is convicted of an offence constituted by the breach,—
i: in the proceedings for the offence, in substitution for or in addition to any penalty imposed for the offence; or
ii: in subsequent proceedings. 1966 No 51 s 9(8)
240: Joint venture aerodromes
The provisions of Schedule 3
3: Regulatory airport spatial undertakings
241: Giving of regulatory airport spatial undertaking by airport operator
1: This section applies if—
a: 1 or more space requirements apply in relation to an airport; or
b: 1 or more relevant government agencies have notified an airport operator that they intend in the future to impose 1 or more space requirements on the airport (and have not withdrawn that notification).
2: The operator must provide the Secretary with a regulatory airport spatial undertaking setting out, to the Secretary’s satisfaction, how the operator will meet the space requirements.
3: A regulatory airport spatial undertaking offered under this section must—
a: specify the space requirements and relevant government agencies concerned; and
b: specify projects, milestones, and implementation time frames to meet the space requirements and the related obligations (if any); and
c: be made in the manner specified by the Secretary; and
d: comply with any prescribed requirements relating to the content, form, timing, and publication of regulatory airport spatial undertakings.
4: An operator giving a regulatory airport spatial undertaking under this section must provide the Secretary with the information required by the Secretary to assist the Secretary in deciding whether the regulatory airport spatial undertaking complies with this section.
242: Consultation and timing requirements
1: An airport operator must make reasonable efforts to obtain the relevant government agencies’ endorsement of a regulatory airport spatial undertaking and consult with substantial customers before providing the undertaking to the Secretary under section 241(2)
2: The agencies—
a: must not unreasonably withhold or delay their endorsement; and
b: must make reasonable efforts to co-ordinate their response.
3: The operator must take all reasonable steps to ensure that the undertaking is given and accepted—
a: before the end of the 9-month period beginning with,—
i: if section 241(1)(a)
ii: if section 241(1)(b)
b: by any other deadline specified by the Governor-General by Order in Council made on the recommendation of the Minister.
4: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation 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.
243: Decision and notification
On receiving the regulatory airport spatial undertaking under section 241
a: accept the undertaking if it meets the requirements of section 241(2) and (3)
b: refer the undertaking back to the operator, specifying any matters that must be addressed before the undertaking is resubmitted.
244: When regulatory airport spatial undertaking is enforceable
A regulatory airport spatial undertaking takes effect and becomes enforceable on the date on which notice of the Secretary’s decision to accept the undertaking is given to the operator who gave the undertaking, or at any later date specified by the Secretary.
245: Review by airport operator of regulatory airport spatial undertaking
1: An airport operator that has given a regulatory airport spatial undertaking that is in effect in accordance with section 244
a: if notified by a relevant government agency that—
i: there has been, or is proposed to be, a significant change to the agency’s space requirements; or
ii: the undertaking does not meet the requirements or no longer meets them; and
b: in any case, at intervals of no more than 5 years.
2: The airport operator must give a copy of a review under subsection (1) to the Secretary.
3: If, as a result of the review, the operator determines, or is notified in writing by the Secretary, that the undertaking no longer meets the requirements of section 241(2) and (3)
4: Sections 241 to 244
246: Compliance with regulatory airport spatial undertaking
An airport operator must not contravene a regulatory airport spatial undertaking that is in effect in accordance with section 244
247: Secretary may make direction orders
1: The Secretary may make an order under this section (a direction order section 244
2: The direction order may—
a: direct the operator to comply with the provision or the undertaking:
b: specify any reasonable steps that the operator must take in order to comply with the provision or undertaking, or to avoid or mitigate any actual or potential adverse effects of a contravention:
c: specify a reasonable period within which the operator must comply with the provision or undertaking:
d: require the operator to report to the Secretary stating how and when the provision or undertaking has been, or will be, complied with.
3: The Secretary may make a direction order under this section only if the Secretary first takes the following steps:
a: give the person to whom the direction order is proposed to be directed written notice—
i: that the Secretary may make a direction order under this section; and
ii: of the reasons why the Secretary is considering exercising that power; and
b: give the notice referred to in paragraph (a) at least 5 working days before the Secretary makes the direction order; and
c: give each person to whom notice of the direction order must be given, or the person’s representative, an opportunity to make written submissions and to be heard on the matter within that notice period.
248: Secretary must give notice of direction orders
If the Secretary makes a direction order under section 247
a: must, as soon as is reasonably practicable, give written notice to the person to whom the direction order is directed of—
i: the terms and conditions of the direction order; and
ii: the reasons for the direction order; and
iii: any other information the Secretary thinks relevant in the circumstances; and
b: may also make the notice or any part of the notice available on its Internet site; and
c: may also give notice to any other person of those matters.
249: Secretary may apply to court if airport operator fails to comply with direction order
1: The Secretary may apply to the District Court for an order under this section if—
a: the Secretary has made a direction order under section 247
b: the Secretary believes that the airport operator has failed to comply with the direction order.
2: If the court is satisfied that the airport operator has failed to comply with the direction order, the court may make the following orders:
a: an order directing the operator to comply with the direction order; and
b: any other order that the court considers appropriate in the circumstances, including orders directing the operator to pay to the Secretary—
i: the costs of the proceedings; and
ii: the reasonable costs of the Secretary in monitoring compliance with the direction order in the future.
3: This section does not prevent proceedings being brought for the contravention or alleged contravention of space requirements to which the regulatory airport spatial undertaking to which the direction order relates.
250: Consequences of failing to comply with direction orders
1: An airport operator must comply with a direction order given to the operator.
2: A person who refuses or fails, without reasonable excuse, to comply with a direction order commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of any other person, to a fine not exceeding $250,000.
3: If an airport operator commits an offence against this section, any officer of the operator who participates in, directs, authorises, acquiesces in, or assents to the conduct comprising the offence also commits an offence and is liable on conviction to a fine not exceeding $50,000.
4: Exemptions from requirements of subparts 2 and 3
251: Exemptions from requirements of subparts 2 and 3
1: The Secretary may exempt an airport operator or any class of airport operators from all or any of the requirements of the following:
a: section 230(2) and (3)
b: section 231
c: section 232
d: section 241
e: section 242
f: section 245
2: The Secretary must not grant an exemption under subsection (1) unless the Secretary is satisfied that—
a: the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the proposed exemption; and
b: the exemption is consistent with the main purpose of the Act; and
c: it is appropriate to grant the exemption after considering—
i: the additional purposes of the Act; and
ii: any other matters that the Secretary considers appropriate in the circumstances.
3: When determining whether to grant an exemption under subsection (1) from section 230(2) or (3) 231 232
a: services of the airport operator are subject to price-quality regulation or negotiate/arbitrate regulation under Part 4
b: consultation in respect of those services has occurred or will occur pursuant to determinations made under Part 4
4: The Secretary may grant an exemption under subsection (1) on any terms and conditions that the Secretary thinks fit.
5: A class exemption is secondary legislation ( see Part 3
6: In this section, class exemption 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 accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
5: Sale of alcohol at international airports
252: Sale of alcohol at international airports
1: Alcohol may be sold at any international airport to any passenger on an aircraft departing from or arriving in New Zealand for consumption on or off the airport premises if the passenger is of or over the purchase age as defined in section 5
2: Unless alcohol sold under the authority of subsection (1) has been entered by the passenger concerned for home consumption in accordance with the Customs and Excise Act 2018
a: the buyer must not deliver it, and no person may deliver it on behalf of the buyer, to any other person within New Zealand; and
b: no person may consume it within New Zealand.
3: A person commits an offence if the person—
a: sells alcohol at any international airport to any passenger on an aircraft departing from or arriving in New Zealand who is under the age referred to in subsection (1)(a) or (b) (as the case requires); or
b: fails to comply with subsection (2).
4: A person who commits an offence against subsection (3) is liable on conviction to a fine not exceeding $2,500.
5: Nothing in the Sale and Supply of Alcohol Act 2012 section 426 1990 No 98 s 96(1), (2), (4)–(6)
8: International and domestic carriage of passengers and goods by air
1: Additional purpose of Part
253: Additional purpose of Part
1: The purpose of this Part (in addition to those set out in sections 3 4
2: This section does not limit section 3 4
2: International carriage by air
254: Interpretation in this subpart
In this subpart, unless the context otherwise requires,— Additional Protocol
a: that is included in the Warsaw Convention with reference to Article 2 of that Convention; and
b: that appears before the Additional Provisions of the Hague Protocol affecting the Warsaw Convention in the amended Convention, as set out in Schedule 4 Additional Protocol No 1 Additional Protocol No 2 amended Convention
a: that is the Warsaw Convention as amended by the following protocols:
i: the Hague Protocol:
ii: Additional Protocols Nos 1 and 2, and Protocol No 4:
b: the English text of which is set out in Schedule 4 court
a: in relation to an arbitration allowed by the Montreal Convention, the amended Convention, or the Guadalajara Convention, includes an arbitrator; and
b: includes the Disputes Tribunal, except in any matters relating to liability for passenger injury or death Guadalajara Convention
a: which opened for signature at Guadalajara on 18 September 1961:
b: the English text of which is set out in Schedule 5 Hague Protocol High Contracting Party Montreal Convention
a: which opened for signature at Montreal on 28 May 1999:
b: the English text of which is set out in Schedule 6 Protocol No 4 Warsaw Convention 1990 No 98 s 91A
255: Application of Guadalajara Convention
In this Part, references to the amended Convention or to any Article of that Convention are, where applicable and subject to any necessary modifications, to be read as references to that Convention or Article as supplemented by the Guadalajara Convention. 1990 No 98 s 91B
256: Conventions to have force of law
1: This section relates to the Montreal Convention, the amended Convention, and the Guadalajara Convention ( the Conventions
2: The Conventions have the force of law in New Zealand in relation to any carriage by air to which any of the Conventions, as the case may require, applies.
3: However, the Conventions have the force of law in New Zealand only to the extent that they relate to the rights and liabilities of carriers, carriers’ servants and agents, passengers, consignors, consignees, and other persons.
4: The Conventions apply in New Zealand—
a: subject to this subpart; and
b: irrespective of the nationality of the aircraft performing the carriage by air.
5: Each version of Article 22 of the amended Convention set out in Schedule 4 1990 No 98 s 91C
257: Inconsistency between French and English texts
1: If there is any inconsistency between the English text of the amended Convention set out in Schedule 4
2: If there is any inconsistency between the English text of the Guadalajara Convention set out in Schedule 5
3: The Secretary of Foreign Affairs and Trade may give a certificate stating that a document to which the certificate is annexed is a true copy of the authentic text in the French language of 1 or more of the following:
a: Additional Protocol No 1:
b: Additional Protocol No 2:
c: the Guadalajara Convention:
d: the Hague Protocol:
e: Protocol No 4:
f: the Warsaw Convention.
4: Any certificate given must be received in evidence in any proceedings and, in the absence of proof to the contrary, is sufficient evidence of the matters stated in the certificate. 1990 No 98 s 91D
258: Fatal accidents
References in section 4
a: Article 17(1) of the Montreal Convention; or
b: Article 17 of the amended Convention. 1990 No 98 s 91E
259: Contributory negligence
The provisions of the Contributory Negligence Act 1947
a: Article 20 of the Montreal Convention; or
b: Article 21 of the amended Convention. 1990 No 98 s 91F
260: Limitation of liability
1: The limitations on liability referred to in Articles 21 and 22 of the Montreal Convention or in Article 22 of the amended Convention apply whatever the nature of the proceedings by which liability may be enforced.
2: Without limiting subsection (1),—
a: the limitations on liability apply where proceedings are brought by a person ( person A person B
b: the limitation for each passenger referred to in Article 21 of the Montreal Convention or in paragraph (1) of Article 22 of the amended Convention applies to the aggregate liability of the carrier in—
i: all proceedings that may be brought against the carrier under the law of New Zealand; and
ii: any proceedings brought against the carrier outside New Zealand.
3: A court or the Disputes Tribunal (as relevant) before which proceedings are brought to enforce a liability that is limited by Article 21 or Article 22 of the Montreal Convention or Article 22 of the amended Convention may, at any stage of the proceedings, make any order that appears to the court or the Disputes Tribunal (as relevant) to be just and equitable, in view of—
a: Article 21 or Article 22 of the Montreal Convention or Article 22 of the amended Convention; and
b: any other proceedings which have been, or are likely to be, commenced in New Zealand or elsewhere to enforce the liability in whole or in part.
4: A court or the Disputes Tribunal (as relevant) before which proceedings are brought to enforce a liability that is limited by Article 21 or Article 22 of the Montreal Convention or Article 22 of the amended Convention has jurisdiction, where the liability is, or may be, partly enforceable in other proceedings in New Zealand or elsewhere, to—
a: award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court; or
b: make any part of its award conditional on the result of any other proceedings.
5: Subsection (4) does not limit the powers conferred on a court or the Disputes Tribunal by subsection (3).
6: Unless the context otherwise requires, references in this section to Article 22 of the amended Convention are, subject to any necessary modifications, to be read as references to that Article as applied or supplemented by—
a: Article 25A of the amended Convention; and
b: Articles V and VI of the Guadalajara Convention. 1990 No 98 s 91G
261: Value of special drawing right
1: For the purposes of Article 23 of the Montreal Convention or Article 22 of the amended Convention, the value of 1 special drawing right must be treated as equal to a sum in New Zealand currency that is fixed by the International Monetary Fund as being the equivalent of 1 special drawing right for—
a: the date of judgment; or
b: any other relevant date; or
c: if no sum has been fixed for that date, the last preceding date for which a sum has been fixed.
2: For the purposes of subsection (1), a certificate may be given by, or on behalf of, the Secretary to the Treasury stating that—
a: a particular sum in New Zealand currency has been fixed as the equivalent of 1 special drawing right for a particular date; or
b: no sum has been fixed for that date, and that a particular sum has been fixed for the date most recently preceding a particular date.
3: Any certificate given must be received in evidence in any proceedings and, in the absence of proof to the contrary, is sufficient evidence of the value of 1 special drawing right in New Zealand currency.
4: Unless the context otherwise requires, references in this section to Article 22 of the amended Convention are, subject to any necessary modifications, to be read as references to that Article as applied or supplemented by—
a: Article 25A of the amended Convention; and
b: Articles V and VI of the Guadalajara Convention. 1990 No 98 s 91H
262: Time for bringing proceedings
1: No action against a carrier’s servant or agent that arises out of damage to which this Part relates may be brought after more than 2 years if the servant or agent was acting within the scope of the person’s employment.
2: For the purposes of subsection (1), the period of 2 years is calculated from the earliest of the following dates:
a: the date of arrival at the destination:
b: the date the aircraft ought to have arrived:
c: the date carriage stopped.
3: Neither Article 35 of the Montreal Convention nor Article 29 of the amended Convention applies to any proceedings for contribution between tortfeasors.
4: Despite subsection (3), no action may be brought by a person to obtain a contribution from a carrier—
a: in respect of a tort to which either of the following applies:
i: Article 35 of the Montreal Convention:
ii: Article 29 of the amended Convention; and
b: after the expiry of 2 years from the time when judgment is obtained against the person seeking to obtain the contribution. 1990 No 98 s 91I(1)–(4)
263: Further provisions in relation to time for bringing proceedings
1: The following provisions have effect as if references in those provisions to an action included references to an arbitration:
a: section 262
b: Article 35 of the Montreal Convention:
c: Article 29 of the amended Convention.
2: Subsections (3) and (4) (which determine the time at which an arbitration is deemed to have commenced) apply for the purposes of subsection (1).
3: An arbitration (whether under legislation or under an arbitration agreement) must be treated as being commenced in the same manner as provided in Article 21 of Schedule 1
4: If the High Court orders that an award be set aside, it may also order that the period between the commencement of the arbitration and the date of the setting aside order must be excluded in computing the time prescribed by this section for the commencement of civil proceedings (including arbitration) with respect to the dispute referred.
5: Subsections (2) to (4) do not limit or affect section 39 1990 No 98 s 91I(5)–(9)
264: Actions against High Contracting Parties
1: Every High Contracting Party to the amended Convention is to be regarded as having submitted to the jurisdiction of the court in the circumstances described in subsection (2).
2: Subsection (1) applies where any action is brought in a court in New Zealand by a High Contracting Party, to enforce a claim in respect of carriage undertaken by that Party, in accordance with—
a: Article 28 of the amended Convention; or
b: Article VIII of the Guadalajara Convention.
3: Rules of court may provide for the manner in which any action is to be commenced and carried on.
4: This section does not—
a: authorise the issue of execution against the property of any High Contracting Party; or
b: apply to any High Contracting Party to the amended Convention that has availed itself of the provisions of the Additional Protocol. 1990 No 98 s 91J
265: Actions against Parties to Montreal Convention
1: Every Party to the Montreal Convention is to be regarded as having submitted to the jurisdiction of the court in the circumstances described in subsection (2).
2: Subsection (1) applies if any action is brought in a court in New Zealand by a Party to the Montreal Convention, to enforce a claim in respect of carriage undertaken by that Party, in accordance with Article 46 of the Montreal Convention.
3: Rules of court may provide for the manner in which any action is to be commenced and carried on.
4: This section does not authorise the issue of execution against the property of any Party to the Montreal Convention. 1990 No 98 s 91JA
266: Designation of Parties
1: The Governor-General may, by Order in Council, certify—
a: the identity of—
i: the High Contracting Parties to the amended Convention; or
ii: the Parties to the Guadalajara Convention; or
iii: the Parties to the Hague Protocol; or
iv: the Parties to Additional Protocol No 1; or
v: the Parties to Additional Protocol No 2; or
vi: the Parties to Protocol No 4; or
vii: the High Contracting Parties to the Warsaw Convention; or
viii: the Parties to the Montreal Convention; or
b: the territories in respect of which the parties referred to in paragraph (a)(i), (ii), (iii), (iv), (v), (vi), (vii), or (viii) are respectively parties; or
c: to what extent the parties referred to in paragraph (a)(i), (ii), (iii), (iv), (v), (vi), or (vii) have availed themselves of the Additional Protocol.
2: An Order in Council under this section is sufficient evidence of the matters certified in it.
3: An Order in Council under this section may contain transitional and other consequential provisions that the Governor-General considers to be desirable.
4: An Order in Council certifying the identity of Parties under subsection (1)(a) must specify the date on and from which any Party became or ceased to be a Party.
5: An Order in Council made under this section is secondary legislation ( see Part 3 1990 No 98 s 91K 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.
267: Article 40A of amended Convention
1: Paragraph (2) of Article 40A of the amended Convention does not extend references in the amended Convention to the territory of a High Contracting Party to include any territory in respect of which that High Contracting Party is not a Party.
2: Subsection (1) does not apply to references in the amended Convention to the territory of any State, whether a High Contracting Party or not. 1990 No 98 s 91L
268: Power to exclude aircraft in use for military purposes
1: The Governor-General may, by Order in Council, direct that subsection (2) applies or ceases to apply to New Zealand or any other State specified in the order.
2: The Montreal Convention or the amended Convention does not apply to the carriage of persons, cargo, and baggage for the military authorities of a State to which this subsection applies if—
a: the carriage is undertaken in aircraft registered in that State; and
b: the whole capacity of the aircraft has been reserved by, or on behalf of, those authorities.
3: An Order in Council made under this section is secondary legislation ( see Part 3 1990 No 98 s 91M 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.
3: Domestic carriage by air
269: Interpretation in this subpart
1: In this subpart, unless the context otherwise requires,— actual carrier
a: performs the whole or part of the carriage contracted for by the contracting carrier with the authority of the contracting carrier; but
b: is not, in relation to that carriage, a successive carrier carrier contract contracting carrier
a: means a person who, as a principal, makes a contract for carriage with a passenger, or with a person acting on behalf of the passenger; and
b: includes a successive carrier court passenger
a: assigned by the carrier for duty as a member of the crew of the aircraft; or
b: carried for the sole purpose of receiving or giving instruction in the control or navigation of an aircraft in flight successive carrier
a: is performed by 2 or more persons in successive stages; and
b: has been regarded by the parties as a single operation, whether it has been agreed on by a single contract or by 2 or more contracts.
2: If any question arises as to whether an actual carrier has authority from a contracting carrier to perform any carriage, that authority is, in the absence of proof to the contrary, to be presumed. 1990 No 98 s 91U
270: Application of this subpart
1: This subpart applies to any carriage by air (other than international carriage described in subsection (3)) in which, according to the contract between the parties,—
a: the place of departure and the place of destination are both in New Zealand; and
b: there is no agreed stopping place outside New Zealand.
2: Subsection (1) applies even if the aircraft in which the carriage takes place is at the same time engaged in the international carriage described in subsection (3).
3: The international carriage referred to in subsections (1) and (2) is carriage in which, according to the contract between the parties, the place of departure and the place of destination, whether or not there is a break in the carriage or a transhipment, are—
a: within the territories of 2 countries; or
b: within the territory of a single country if there is an agreed stopping place within the territory of another country.
4: This section applies subject to section 272 1990 No 98 s 91V
271: Combined carriage
If a contract of carriage made with an air carrier provides for the carriage to be performed partly by air and partly by a mode of carriage other than by air, this subpart applies only to the carriage by air. 1990 No 98 s 91ZM
272: Exclusions
This subpart does not apply to—
a: any carriage by air on a single flight in respect of which, according to the contract between the parties, the place of departure and the intended place of destination are the same; or
b: any other types of flights that are excluded from the application of this subpart by the regulations. 1990 No 98 s 91W
273: Provisions if carriage performed by actual carrier
If the whole or any part of any carriage to which this subpart applies is performed by an actual carrier,—
a: both the contracting carrier and the actual carrier are subject to any liability imposed by this subpart as follows:
i: the contracting carrier is liable in respect of the whole of the carriage contemplated in the contract between the contracting carrier and the passenger; and
ii: the actual carrier is liable solely in respect of the carriage that the actual carrier performs:
b: any special agreement under which the contracting carrier assumes obligations not imposed by this subpart, or any waiver of rights conferred by this subpart, does not affect the actual carrier unless agreed to by the actual carrier. 1990 No 98 s 91X
274: Liability of carrier in respect of delay
1: A carrier is liable under this section for damage caused by delay in the carriage of passengers.
2: Despite subsection (1), a carrier is not liable for damage caused by delay if the carrier proves that the delay—
a: arose by reason of—
i: meteorological conditions; or
ii: compliance with instructions, advice, or information given by an air traffic control service; or
iii: obedience to orders or directions given by a lawful authority; or
b: was made necessary by force majeure
c: was necessary for the purpose of saving or attempting to save life.
3: This section does not limit or affect the liability of a carrier under any other enactment or rule of law. 1990 No 98 s 91Z
275: Provisions if carriage performed by successive carriers
If carriage is performed or is to be performed by successive carriers, the contracting carrier who is liable is the successive carrier who performed or was to perform the carriage where the delay occurred. 1990 No 98 s 91Y
276: Avoidance of liability
The carrier is not liable under this subpart if the carrier proves that—
a: the carrier, or the carrier’s servants or agents, took all necessary measures to avoid the damage; or
b: it was not possible for the carrier, or the carrier’s servants or agents, to take those measures. 1990 No 98 s 91ZA
277: Limitation of liability
1: The liability of the carrier in respect of damage caused by delay is limited to the lesser of—
a: the amount of damage proved to have been sustained as a result of the delay; and
b: an amount representing 10 times the sum paid for the carriage.
2: Despite subsection (1), the carrier may, by special contract, increase the amount of the carrier’s liability under that subsection.
3: This subpart does not affect any rule of law relating to remoteness of damage. 1990 No 98 s 91ZC
278: Contracting out
1: The provisions of this subpart have effect despite anything to the contrary in any contract or in any bylaws made by a carrier purporting to relieve the carrier of liability.
2: A provision of a contract of carriage or any bylaw that has the effect of overriding or limiting a carrier’s liability under this subpart (whether directly or indirectly) is unenforceable.
3: Subsections (1) and (2) are subject to subsection (4).
4: Nothing in subsection (1) or (2) applies in respect of a provision that—
a: imposes a stricter duty on the carrier than would be imposed under this subpart; or
b: provides a more advantageous remedy against the carrier than would be provided under this subpart. 1986 No 121 s 5C s 91ZD
279: Wilful or reckless misconduct
The limits of liability referred to in section 277
a: with intent to cause damage; or
b: recklessly as to whether damage would result. 1990 No 98 s 91ZE(1)
280: Just and equitable orders and awards
1: In proceedings to enforce a liability that is limited by this subpart, a court may, at any stage of the proceedings, make any order that appears to the court to be just and equitable in view of—
a: this subpart; and
b: any other proceedings that have been, or are likely to be, commenced in New Zealand or elsewhere to enforce the liability in whole or in part.
2: Without limiting subsection (1), the court may, if the liability is, or may be, enforceable in other proceedings in New Zealand or elsewhere,—
a: award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court; or
b: make any part of its award conditional on the result of any other proceedings. 1990 No 98 s 91ZI
281: Application of limitation on liability
1: The limitations on liability referred to in section 277
a: a person ( person A person B
b: person B is the carrier, or a servant or an agent of the carrier.
2: Person A must not bring proceedings referred to in subsection (1) to obtain a contribution from person B later than 2 years after the time when judgment is obtained against person A.
3: This subpart does not affect proceedings brought against any person other than the carrier, or servant or agent of the carrier. 1990 No 98 s 91ZJ
282: Relationship between carriers
This subpart does not—
a: prevent a carrier from entering into special contractual arrangements with another carrier; or
b: affect the rights and obligations of the carriers between themselves. 1990 No 98 s 91K
283: Limitation of actions
1: An action must not be brought under this subpart against a carrier later than 2 years after the later of the following dates:
a: the date on which the aircraft arrived at the destination:
b: if the aircraft did not arrive at the destination,—
i: the date on which the aircraft ought to have arrived at the destination; or
ii: the date on which the carriage stopped.
2: Despite subsection (1), application may be made to the court, after giving notice to the intended defendant, for leave to bring an action at any time within 6 years after the date on which the cause of action accrued as provided in subsection (1).
3: On application under subsection (2), the court may grant leave accordingly if it considers that it is just to do so and if it considers that—
a: the delay in bringing the action was caused by—
i: mistake of fact; or
ii: mistake of any matter of law other than the provisions of this subsection; or
iii: any other reasonable cause; or
b: the intended defendant was not materially prejudiced in the defendant’s defence or otherwise by the delay.
4: If the court grants leave under subsection (3), that leave may be subject to any conditions that the court thinks just to impose.
5: This section applies subject to section 281 1990 No 98 s 91ZL
9: Monitoring, investigation, and enforcement
1: Powers of entry and inspection
284: Powers of entry and inspection
1: Subject to section 285
a: conduct examinations, tests, inquiries, and inspections:
b: be accompanied and assisted by any other person, and bring into the aviation place any equipment necessary, to carry out the inspector’s functions:
c: take photographs and measurements and make sketches and recordings:
d: require the aviation participant or a person who is or appears to be in charge of the aviation place to ensure that the aviation place or any place or thing in the aviation place specified by the inspector is not disturbed for a reasonable period pending examination, testing, inquiry, or inspection:
e: require the aviation participant or a person who is or appears to be in charge of the aviation place to—
i: produce information relating to the aviation place, the activities carried out there, or the people who carry out those activities; and
ii: produce information relating to the aviation participant’s compliance with relevant civil aviation legislation; and
iii: permit the inspector to examine and make copies of, or take extracts from, the information:
f: require the aviation participant or a person who is or appears to be in charge of the aviation place to make or provide statements, in any form and manner that the inspector specifies.
2: An inspector may do any of the things referred to in subsection (1), whether or not—
a: the inspector or the person the inspector is dealing with is in the aviation place; or
b: the place is still an aviation place; or
c: the aviation participant is still operating at the place; or
d: in respect of any information, the information is—
i: in the place; or
ii: in the place where the inspector is; or
iii: in another place.
3: In the case of a person holding an Australian AOC with ANZA privileges, the power conferred by subsection (1) may be exercised only at the request of CASA.
4: Nothing in this section affects the application of section 60
5: For the purpose of this section, if the inspector considers that it is necessary to enter any other building or land in order to get to the aviation place, the inspector may do so after taking any steps that the inspector considers reasonable in the circumstances to obtain the consent of the occupier of the building or place.
6: In this section, information 1990 No 98 s 15(2) 2015 No 70 s 168
285: Power to enter homes or marae
1: Despite section 284(1), (2), and (5)
a: enter an aviation place or a former aviation place that is, or is within, a home, a marae, or a building associated with a marae; or
b: enter an aviation place or a former aviation place through a home, a marae, or a building associated with a marae.
2: An issuing officer may, on an application made by an inspector in the manner provided in subpart 3
a: is an aviation place or a former aviation place or has an aviation place or a former aviation place within it; or
b: is the only practicable means through which the inspector may enter the aviation place or former aviation place.
3: A warrant issued under subsection (2) authorises an inspector to enter the home or marae only to exercise the powers specified in section 284 1990 No 98 s 24(4)–(5A) 2015 No 70 s 169
286: Notice of entry
1: If an inspector enters an aviation place or a former aviation place under this Act and is unable, despite reasonable efforts, to find any person in charge, the inspector must before leaving the place leave a written notice stating—
a: the inspector's identity; and
b: the inspector's contact information; and
c: the date and time of entry; and
d: the inspector's reasons for entering.
2: In this section, contact information
a: the name of the inspector; and
b: 1 or more of the following:
i: telephone number:
ii: email address:
iii: physical or postal address. 2015 No 70 s 171
287: Power to take samples and other objects and things
1: An inspector who enters an aviation place or a former aviation place under section 284 285
a: monitoring activities being carried out in the aviation place; or
b: determining the nature of any material or substance in the aviation place; or
c: determining whether relevant civil aviation legislation has been, is being, or is likely to be complied with; or
d: gathering evidence to support the taking of enforcement action under this Act.
2: This section does not allow an inspector to take a sample from a person's body unless the inspector has the person's informed consent to the taking of the sample.
3: If an inspector removes or retains any sample, material, substance, or thing under subsection (1), the inspector must,—
a: at the time the inspector removes or retains the sample, material, substance, or thing or as soon as practicable after doing so, give the aviation participant written notice of—
i: what has been (or is being) removed or retained; and
ii: why it has been (or is being) removed or retained; and
iii: where it will be kept in the meantime; and
b: subject to subsections (4) and (5), within 5 working days of removing or retaining any sample, material, substance, or thing, give the aviation participant written notice of whether the inspector intends to return it or destroy it.
4: If it is practicable to do so, the inspector must return the sample, material, substance, or thing to its owner—
a: when it is no longer required for any purpose under relevant civil aviation legislation (or any other legislation); or
b: if a court earlier orders its return.
5: The inspector may destroy any removed or retained sample, material, substance, or thing if—
a: it is perishable and has become rotten or has otherwise deteriorated; or
b: it is perishable and is likely to become rotten or perish before it can be dealt with under subsection (4); or
c: it is likely to pose a risk to public health.
6: In addition, sections 154 155 159
7: The provisions of the Search and Surveillance Act 2012
a: the reference in section 159(1) section 156(2)
i: any person from whom the sample, material, substance, or thing was seized:
ii: the aviation participant:
iii: any other person who, in the opinion of the inspector, may be affected by the forfeiture of the sample, material, substance, or thing; and
b: references to a thing were to any sample, material, substance, or thing; and
c: references to seized or produced were to removed or retained; and
d: references to the person in whose custody the thing is were to the inspector; and
e: all other necessary modifications were made.
8: Any sample, material, substance, or thing forfeited to the Crown may be destroyed or otherwise disposed of as the inspector directs. 2015 No 70 s 172
288: Power of entry (by consent or under warrant) where Director suspects contravention of relevant civil aviation legislation
1: The Director may authorise a specified person to enter and search a place, vehicle, or other thing for the purpose of ascertaining whether a person has engaged in or is engaging in conduct that contravenes or may contravene relevant civil aviation legislation if the Director is satisfied that there are reasonable grounds—
a: to suspect that the person has engaged in or is engaging in conduct that constitutes or may constitute such a contravention; and
b: to believe that the search will find evidential material in or on any part of the place, vehicle, or thing.
2: A specified person authorised under subsection (1) may enter and search the place, vehicle, or other thing if—
a: the occupier of the place, or the person in charge of the vehicle or thing, (as the case may be) consents; or
b: the specified person obtains a warrant under subsection (3).
3: An issuing officer may issue a search warrant in relation to a place, vehicle, or thing, on an application made in the manner provided by subpart 3
a: to suspect that a person has engaged in or is engaging in conduct that contravenes or may contravene any provision of relevant civil aviation legislation; and
b: to believe that the search will find evidential material in or on any part of the place, vehicle, or thing.
4: In this section, specified person
a: an inspector; or
b: a constable; or
c: an employee of the CAA; or
d: any other person who the Director is satisfied is suitably qualified and trained, or belongs to a class of persons who are suitably qualified and trained, to act under this section.
5: Despite subsection (4), a constable may apply for a warrant to be issued under subsection (3) without an authorisation from the Director under subsection (1).
6: Subpart 2 Part 4
7: Despite subsection (6), sections 118 119 2015 No 70 s 173
289: Continuation of powers of entry and inspection without search warrants
An inspector who, in the course of exercising a power under section 284 285 section 288 section 284 or 285 2015 No 70 s 174
290: Limitation relating to powers under sections 284 and 288
The right of access and the powers conferred by sections 284 288 section 14C(2)(a) or (b) 1990 No 98 s 24(3A)
291: Requirement to conduct or undergo examinations, tests, inquiries, inspections, or monitoring
1: For the purpose of performing any function of the Director, the CAA, or an inspector under this Act, or for the purposes of the ANZA mutual recognition agreements, any inspector may direct an aviation participant or a person who is or appears to be in charge of an aviation place to undergo or conduct examinations, tests, inquiries, inspections, or monitoring.
2: In the case of an aviation participant who is a holder of a New Zealand AOC with ANZA privileges, the power in subsection (1) includes the power to direct the aviation participant or a person who is or appears to be in charge of an aviation place to undergo or conduct examinations, tests, inquiries, inspections, or monitoring in Australia.
3: Nothing in this section authorises an inspector to direct a person to undergo a medical test or medical examination. 1990 No 98 s 15(1)
292: Power to require name, address, and date of birth
1: An inspector may require a person to provide the person's name, residential address, and date of birth if—
a: the inspector finds the person committing an offence against relevant civil aviation legislation; or
b: the inspector finds the person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has committed an offence against relevant civil aviation legislation.
2: When requiring a person to provide the person’s name, residential address, and date of birth, the inspector must—
a: tell the person the reason for the requirement; and
b: warn the person that it is an offence to fail to provide the person’s name, residential address, and date of birth unless the person has a reasonable excuse.
3: If the inspector reasonably believes that the name, residential address, or date of birth a person provides is false, the inspector may require the person to give evidence of its correctness. 2015 No 70 s 175
293: Duty to assist inspectors
1: An aviation participant must give all reasonable assistance to enable an inspector to enter, inspect, examine, inquire, or exercise any other power under relevant civil aviation legislation.
2: A person who breaches subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $10,000:
b: in the case of any other person, to a fine not exceeding $50,000. 2015 No 70 s 176
294: Immunity of inspectors and persons assisting inspectors or Director
1: An inspector is immune from civil and criminal liability for any act done in good faith in the exercise, or intended exercise, of the inspector’s powers under relevant civil aviation legislation if—
a: the power is exercised by the inspector in a reasonable manner; and
b: the inspector believes on reasonable grounds that the preconditions for the exercise of that power have been satisfied.
2: A person is immune from civil and criminal liability for any act done in good faith and in a reasonable manner when called on to assist an inspector or the Director to exercise the inspector’s or the Director’s powers under relevant civil aviation legislation.
3: In any civil proceeding in which a person asserts that the person has an immunity under this section, the onus is on that person to prove those facts necessary to establish the basis of the claim.
295: Offence to fail to provide inspector with correct name, residential address, and date of birth
1: A person must not, without reasonable excuse, refuse or fail to comply with a requirement under section 292(1) or (3)
2: A person who breaches subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000. 2015 No 70 s 178
296: Offence to impersonate inspector
1: A person who is not an inspector must not, in any way, hold themselves out to be an inspector.
2: A person who breaches subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000. 2015 No 70 s 180
297: Failure to comply with inspection or monitoring requirement
1: A person who, without reasonable excuse, fails to comply with any direction under section 291
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $60,000:
b: in the case of any other person, to a fine not exceeding $200,000. 1990 No 98 s 44A
2: Improvement notices and non-disturbance notices
Improvement notices
298: Power to issue improvement notices
1: This section applies if an inspector reasonably believes that a person—
a: is contravening a provision of civil aviation legislation; or
b: is likely to contravene a provision of civil aviation legislation.
2: The inspector may issue an improvement notice requiring the person to—
a: remedy the contravention; or
b: prevent a likely contravention from occurring; or
c: remedy the things or activities causing the contravention or likely to cause a contravention.
3: A person in respect of whom a decision is made under subsection (1) may appeal against the decision to the District Court under section 453 2015 No 70 s 101
299: Content of improvement notices
1: An improvement notice must state—
a: that the inspector believes the person—
i: is contravening civil aviation legislation; or
ii: is likely to contravene civil aviation legislation; and
b: the provision the inspector believes is being, or is likely to be, contravened; and
c: briefly, how the provision is being, or is likely to be, contravened; and
d: a reasonable period within which the person is required to remedy—
i: the contravention or likely contravention; or
ii: the things or activities causing the contravention or likely to cause a contravention.
2: An improvement notice may include recommendations concerning—
a: the measures that could be taken to remedy the contravention, or prevent the likely contravention, to which the notice relates:
b: the things or activities causing the contravention, or likely to cause a contravention, to which the notice relates. 2015 No 70 s 102
300: Compliance with improvement notice
1: A person who has been issued with an improvement notice must comply with the notice within the period specified in the notice.
2: A person who breaches subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of any other person, to a fine not exceeding $250,000.
3: It is not an offence to fail to comply with recommendations in an improvement notice. 2015 No 70 s 103
301: Extension of time for compliance with improvement notices
1: This section applies if a person has been issued with an improvement notice.
2: An inspector may, by written notice given to the person, extend the compliance period for the improvement notice.
3: However, the inspector may extend the compliance period only if the period has not ended.
4: In this section, compliance period
a: means the period stated in the improvement notice under section 299(1)
b: includes any extension of that period under this section. 2015 No 70 s 104 Non-disturbance notices
302: Power to issue non-disturbance notice
1: An inspector may issue a non-disturbance notice to an aviation participant or person who manages or controls an aviation place if the inspector reasonably believes that it is necessary to do so to facilitate the performance or exercise of the inspector’s functions or powers.
2: A person in respect of whom a decision is made under subsection (1) may appeal against the decision to the District Court under section 453 2015 No 70 s 108
303: Content of non-disturbance notice
1: A non-disturbance notice may require a person to—
a: preserve the site at which a notifiable event has occurred for a specified period; or
b: prevent the disturbance of a particular site (including the operation of plant) in other circumstances for a specified period that is reasonable in the circumstances.
2: A non-disturbance notice must specify the period (not exceeding 7 days) for which it applies and set out—
a: the obligations of the person to whom the notice is issued; and
b: the measures to be taken to preserve a site or prevent the disturbance of a site; and
c: the penalty for contravening the notice.
3: A non-disturbance notice does not prevent any action—
a: to assist an injured person; or
b: to remove a deceased person; or
c: that is essential to make the site safe or to prevent a further notifiable event; or
d: done by, or under the direction of, a constable acting in the execution of the constable’s duties; or
e: for which an inspector or the Director has given permission.
4: A non-disturbance notice does not apply to the site of any accident or incident being investigated by the Transport Accident Investigation Commission.
5: In this section,— notifiable event section 49 site 2015 No 70 s 109
304: Compliance with non-disturbance notice
1: A person must not, without reasonable excuse, refuse or fail to comply with a non-disturbance notice issued to the person.
2: A person who breaches subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of any other person, to a fine not exceeding $250,000. 2015 No 70 s 110
305: Issue of subsequent non-disturbance notices
1: If an inspector considers it necessary to do so, the inspector may issue 1 or more subsequent non-disturbance notices to a person, whether before or after the expiry of the previous notice.
2: A subsequent non-disturbance notice issued under subsection (1) must comply with section 303 2015 No 70 s 111 General provisions relating to improvement notices and non-disturbance notices
306: General provisions relating to improvement notices and non-disturbance notices
1: A notice must be in writing.
2: A notice may be addressed to any person under the person’s legal name or usual business name or style. 2015 No 70 s 112
307: Changes to improvement notice or non-disturbance notice by inspector
An inspector may make minor changes to a notice—
a: for clarification; or
b: to correct errors or references; or
c: to reflect changes of address or other circumstances. 2015 No 70 s 113
308: Director may vary or cancel improvement notice or non-disturbance notice
Except as provided in section 307 2015 No 70 s 114
309: Formal irregularities or defects in improvement notice or non-disturbance notice
A notice is not invalid merely because of—
a: any defect, irregularity, omission, or want of form in the notice unless it causes or is likely to cause a miscarriage of justice; or
b: a failure to use the correct name of the person to whom the notice is issued if the notice sufficiently identifies the person and is issued to the person in accordance with section 310 2015 No 70 s 115
310: Issue of improvement notice or non-disturbance notice
1: A notice may be issued to a person—
a: by delivering it personally to the person; or
b: by sending it to the person—
i: by post to the person’s usual or last known place of residence or business; or
ii: by electronic transmission; or
c: by leaving it for the person at the person’s usual or last known place of residence or business with a person who appears to be 16 years or over and who appears to reside or work there; or
d: by leaving it for the person at the aviation place to which the notice relates with a person who is or appears to be in charge of that place; or
e: if the person holds an aviation document, by delivering the notice to the person’s address for service provided under this Act; or
f: in a manner prescribed in the regulations.
2: Regulations may prescribe the steps a person to whom a notice is issued must take to bring it to the attention of other persons.
3: A notice posted under subsection (1)(b)(i) is to be treated as having been received on the seventh day after the date on which it was posted. 2015 No 70 s 116
311: Display of notice at aviation place by person issued with improvement notice or non-disturbance notice
1: Unless an inspector permits otherwise, a person to whom a notice is issued must, as soon as practicable, display a copy of the notice in a prominent place at or near any aviation place, or part of an aviation place, at which activity is being carried out that is affected by the notice.
2: If a notice is displayed under subsection (1) and is in force, no person may intentionally—
a: remove or destroy the notice; or
b: damage or deface the notice.
3: A person who breaches subsection (1) or (2) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of any other person, to a fine not exceeding $25,000. 2015 No 70 s 117
312: Inspector may display improvement notice or non-disturbance notice
An inspector who issues a notice may, either before or after issuing the notice, display a copy of the notice in a prominent place at or near any aviation place, or part of an aviation place, at which activity is being carried out that is affected by the notice. 2015 No 70 s 118
3: Detention, seizure, prohibitions, or conditions in relation to aircraft, aerodrome, or aeronautical product
313: Director or specified person may obtain search warrant to detain aircraft, seize aeronautical products, and impose prohibitions and conditions in relation to aerodromes, aircraft, and aeronautical products
1: An issuing officer may issue a search warrant in relation to a place, vehicle, or thing, on an application made in accordance with subsection (2), if the issuing officer is satisfied that there are reasonable grounds to believe that the operation or use of any aerodrome, aircraft, or aeronautical product or a class of aircraft or aeronautical products may endanger people or property.
2: An application made for the purpose of subsection (1)—
a: must be made in the manner provided by subpart 3
b: may be made by the Director or a specified person as defined in section 288
3: A warrant issued under subsection (1) may authorise the Director to do all or any of the following:
a: prohibit or impose conditions on the operation or use of the aerodrome:
b: detain the aircraft or any aircraft of that class:
c: seize the aeronautical product or any aeronautical products of that class:
d: prohibit or impose conditions on the operation of the aircraft or aircraft of that class:
e: prohibit or impose conditions on the use of any aeronautical product or any aeronautical products of that class. 1990 No 98 s 21(1)
314: Director’s power to detain aircraft, seize aeronautical products, and impose prohibitions and conditions in relation to aerodromes, aircraft, and aeronautical products where prompt action necessary
If the Director has reasonable grounds to believe that the operation or use of any aerodrome, aircraft, or aeronautical product or any class of aircraft or aeronautical products may endanger people or property and that prompt action is necessary to prevent the danger, the Director may do all or any of the following:
a: prohibit or impose conditions on the operation or use of the aerodrome:
b: prohibit or impose conditions on the operation of the aircraft or all aircraft of that class:
c: prohibit or impose conditions on the use of the aeronautical product or aeronautical products of that class:
d: detain particular aircraft or seize particular aeronautical products where necessary in order to prevent their operation or use. 1990 No 98 s 21(2)
315: Obligations of Director if action taken under section 313 or 314
1: Any detention or seizure under section 313 314
2: Despite subsection (1), if aircraft, aeronautical products, or parts of aircraft or aeronautical products are required for the purpose of evidence in any prosecution under this Act, the Director may retain those aircraft, products, or parts for as long as the Director considers necessary for that purpose.
3: The owner, operator, or other person for the time being in charge of an aircraft detained or an aeronautical product seized under section 313 314
4: If a request is made under subsection (3), the Director must provide the Director’s reasons to the requester in writing.
5: Part 4 subparts 2 3 section 313 314
6: A person in respect of whom any decision is made under section 313 314 section 453
7: The Director must notify any prohibitions or conditions imposed under section 313 314
8: The notification under subsection (7) may be made by any means of communication that the Director considers appropriate in the circumstances. 1990 No 98 s 21(3)–(6)
4: Seizure, etc, of aircraft without person on board
316: Power to seize, detain, or destroy aircraft without person on board
1: This section applies if a constable or a response officer has reasonable grounds to believe that—
a: an aircraft that is designed to be operated without a pilot on board is being, or is about to be,—
i: operated in the commission of an offence under civil aviation legislation; or
ii: used in the commission of an imprisonable offence under any other Act; or
iii: operated in a manner that may endanger people or property; and
b: it is necessary to take action to prevent the offending from being committed or continuing, or to avert the danger; and
c: the aircraft has no person on board.
2: The constable or response officer may do all or any of the following:
a: enter a place, vehicle, or other thing and search for the aircraft:
b: prevent the aircraft from taking off:
c: seize the aircraft and anything being used, or that may be used, to control the aircraft:
d: detain the aircraft and anything being used, or that may be used, to control the aircraft:
e: destroy the aircraft.
3: A constable or response officer may act under subsection (2) only to the extent necessary to prevent the offending from being committed or continuing, or to avert the danger.
4: When exercising a power under this section, a constable must have regard to any directions or limitations that the Director has given under section 332(4)
317: Power to enter homes or marae
1: Despite section 316
a: enter a home, a marae, or a building associated with a marae; or
b: enter a place through a home, a marae, or a building associated with a marae.
2: An issuing officer may, on an application made by a constable or a response officer in the manner provided in subpart 3 section 316
3: A warrant issued under subsection (2) authorises a constable or a response officer to enter the home or marae only to exercise the powers specified in section 316
318: Provision relating to seizure or detention of aircraft in operation without a person on board
The power under section 316
319: Requirement to give reasons for action under section 316
1: The owner, operator, or other person for the time being in charge of an aircraft that is detained, seized, or destroyed under section 316
2: If a request is made under subsection (1), the constable or response officer must provide the person requesting with reasons in writing for the detention, seizure, or destruction.
320: Provisions relating to seizure or detention of aircraft under section 316
1: Any detention or seizure under section 316
2: Despite subsection (1), if a seized item is required for the purpose of evidence in any prosecution under this or any other Act, the Commissioner or the CAA may retain it in accordance with the Search and Surveillance Act 2012
3: Part 4 subparts 2 3 section 316
321: Immunities in relation to exercise of power under section 316
1: A constable or response officer is immune from civil and criminal liability for any act done in good faith in order to exercise a power under section 316
a: the power is exercised by that person in a reasonable manner; and
b: the person believes on reasonable grounds that the preconditions for the exercise of that power have been satisfied.
2: A person is immune from civil and criminal liability for any act done in good faith and in a reasonable manner when called on to assist a constable or response officer to exercise a power under section 316
3: In any civil proceeding in which a person asserts that the person has an immunity under this section, the onus is on that person to prove those facts necessary to establish the basis of the claim.
5: Exemptions from compliance with regulations and rules
322: Director may grant exemptions from compliance with regulations and rules
1: The Director may, if the Director thinks it appropriate,—
a: exempt any 1 or more named aviation participants, aeronautical products, aircraft, aerodromes, aviation-related services, or other things from 1 or more specified requirements in a regulation or rule made under this Act; or
b: exempt any class of aviation participant, aeronautical product, aircraft, aerodrome, aviation-related service, or other thing from 1 or more specified requirements in a regulation or rule made under this Act.
2: The power under subsection (1)—
a: must not be used to provide an exemption from the requirements of a rule if the relevant rule specifically provides that no exemptions from its requirements may be granted; and
b: may be used to allow an exemption from the requirement of a regulation only if the regulations specify that this section and section 323
3: The Director must not grant an exemption under subsection (1) unless the Director is satisfied that—
a: the extent of the exemption is no broader than is reasonably necessary to address the matters that gave rise to the proposed exemption; and
b: the exemption is consistent with the main purpose of this Act; and
c: it is appropriate to grant the exemption after considering—
i: the additional purposes of this Act; and
ii: consistency with relevant international standards (if any); and
iii: any other matter that the Director considers appropriate in the circumstances.
4: The Director must notify the number and nature of exemptions granted under subsection (1)(a) in the Gazette
5: An exemption granted under subsection (1)(b) is secondary legislation ( see Part 3
6: The Director’s reasons for granting an exemption under subsection (1)(b) must be published with the exemption. 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 accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
323: General provisions relating to exemptions
1: This section applies to exemptions under section 322
2: The Director may grant an exemption on any terms and conditions that the Director thinks fit.
3: An exemption—
a: takes effect on the date specified in the exemption (which, for an exemption under section 322(1)(b) Legislation Act 2019
b: expires on the earlier of the following to occur unless it is sooner replaced or revoked:
i: an expiry date specified in the notice:
ii: the close of the day that is 5 years after the date on which it took effect.
4: A breach of a term or condition of an exemption is a breach of the relevant provision in the regulation or rule to which the exemption relates (unless the terms of the exemption provide otherwise).
5: An exemption may be replaced before or when it expires.
6: Enforceable undertakings
324: Director may accept enforceable undertakings
1: The Director may accept an enforceable undertaking given by a person in writing in connection with a matter relating to a contravention or an alleged contravention by the person of civil aviation legislation.
2: However, the Director may refuse to accept the undertaking if it does not provide for the reimbursement of any costs and expenses of the Director incurred in relation to—
a: the undertaking; and
b: the contravention or alleged contravention.
3: The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.
4: To avoid doubt, the costs and expenses of the Director include any costs or expenses incurred in relation to an employee, an agent, or a contractor of the CAA. 2015 No 70 s 123
325: Notice of decision and reasons for decision
1: The Director must give the person seeking to make an enforceable undertaking written notice of—
a: its decision to accept or reject the undertaking; and
b: the reasons for the decision.
2: The Director must publish, on an Internet site maintained by or on behalf of the CAA, notice of a decision to accept an enforceable undertaking and the reasons for the decision. 2015 No 70 s 124
326: When enforceable undertaking is enforceable
An enforceable undertaking takes effect and becomes enforceable when the Director's decision to accept the undertaking is given to the person who made the undertaking, or at any later date specified by the Director. 2015 No 70 s 125
327: Compliance with enforceable undertaking
1: A person must not contravene an enforceable undertaking given by the person that is in force.
2: A person who breaches subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of any other person, to a fine not exceeding $250,000. 2015 No 70 s 126
328: Contravention of enforceable undertaking
1: The Director may apply to the District Court for an order if a person contravenes an enforceable undertaking.
2: If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court may make either or both of the following orders:
a: an order directing the person to comply with the undertaking:
b: an order discharging the undertaking.
3: In addition to the orders referred to in subsection (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay to the Director—
a: the costs of the proceedings; and
b: the reasonable costs of the Director in monitoring compliance with the enforceable undertaking in the future.
4: This section does not prevent proceedings being brought for the contravention or alleged contravention of civil aviation legislation to which the enforceable undertaking relates. 2015 No 70 s 127
329: Withdrawal or variation of enforceable undertaking
1: A person who has given an enforceable undertaking may at any time, with the written agreement of the Director,—
a: withdraw the undertaking; or
b: vary the undertaking.
2: However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of this Act or regulations or rules.
3: The Director must publish on an Internet site maintained by or on behalf of the CAA notice of the withdrawal or variation of an enforceable undertaking. 2015 No 70 s 128
330: Proceedings for alleged contravention
1: Subject to this section, no proceedings (whether civil or criminal) for a contravention or an alleged contravention of this Act or regulations or rules may be brought against a person if an enforceable undertaking is in effect in relation to that contravention.
2: No proceedings may be brought for a contravention or an alleged contravention of this Act or regulations or rules against a person who—
a: has made an enforceable undertaking in relation to that contravention; and
b: has completely discharged the enforceable undertaking.
3: The Director may accept an enforceable undertaking in relation to a contravention or an alleged contravention before proceedings in relation to that contravention have been completed.
4: If the Director accepts an enforceable undertaking before the proceedings are completed, the Director must take all reasonable steps to have the proceedings discontinued as soon as practicable. 2015 No 70 s 129
7: Inspectors and response officers
331: Appointment of inspectors
1: The Director may, by notice in writing, appoint any person as an inspector, including—
a: an employee of the State services:
b: a statutory officer:
c: a prescribed person:
d: an employee of the CAA:
e: an authorised security person.
2: The Director must not appoint a person as an inspector unless the Director is satisfied that the person has appropriate experience, technical competence, and qualifications relevant to the functions and powers proposed to be carried out and exercised by an inspector under this Act.
3: An inspector may be appointed to perform and exercise those functions and powers of an inspector under this Act that the Director specifies in the notice of the inspector’s appointment.
4: An inspector's functions and powers are subject to any conditions or limitations specified in the notice of the inspector's appointment.
5: However, the performance or exercise of a function or power by an inspector is not invalid merely because it did not comply with the conditions specified in the notice of the inspector's appointment. 2015 No 70 s 163
332: Appointment of response officers
1: The Director may, by notice in writing, appoint any person as a response officer, including—
a: an employee of the State services (within the meaning of the Public Service Act 2020
b: a statutory officer:
c: a prescribed person:
d: an employee of the CAA:
e: an authorised security person.
2: The Director must not appoint a person as a response officer unless the Director is satisfied that the person has appropriate experience, technical competence, and qualifications relevant to the functions and powers proposed to be carried out and exercised by a response officer under this Act.
3: A response officer may be appointed to perform and exercise the functions and powers under subpart 4
4: A response officer’s functions and powers are subject to any conditions or limitations specified in the notice of the officer’s appointment.
5: However, the performance or exercise of a function or power by a response officer is not invalid merely because it did not comply with the conditions specified in the notice of the officer's appointment.
6: Sections 333 to 335
333: Identity cards
1: The Director must give each inspector an identity card that—
a: states the person's name and appointment as an inspector; and
b: includes any other matter prescribed by regulations or rules.
2: An inspector must, when performing or exercising functions and powers under this Act, produce the inspector’s identity card for inspection on request.
3: A person who ceases to be an inspector must as soon as practicable return the identity card to the Director. 2015 No 70 s 164
334: Suspension and ending of appointment of inspectors
1: The Director may suspend or end the appointment of an inspector at any time.
2: To avoid doubt, a person's appointment as an inspector ends when the person ceases to be eligible for appointment as an inspector. 2015 No 70 s 165
335: Inspectors subject to Director's directions
1: An inspector (whether or not an employee) is subject to directions from the Director in the performance or exercise of the inspector's functions and powers.
2: A direction under subsection (1) may be of a general nature or may relate to a specified matter or specified class of matter.
3: A failure to comply with a direction under subsection (1) does not invalidate the exercise of an inspector's power. 2015 No 70 s 166
336: Director has powers of inspector and response officer
The Director has all the powers that an inspector or a response officer has under this Act. 2015 No 70 s 167
8: Powers of entry of Airways
337: Meaning of equipment for purposes of section 338
1: In section 338 equipment
a: means equipment—
i: used for the purpose of carrying out the functions of Airways; and
ii: installed before 1 January 1988; and
b: includes cables, wires, navigational aids, or other equipment.
2: A certificate given by Airways containing a statement that any equipment was installed before 1 January 1988—
a: is admissible in evidence in any proceedings; and
b: in the absence of proof to the contrary, constitutes proof of that statement. 1990 No 98 s 25(1), (2)
338: Powers of entry of Airways
1: Airways may—
a: enter onto any land for the purpose of gaining access to equipment; and
b: perform any act or operation necessary for the purpose of inspecting, maintaining, or repairing equipment.
2: The power to enter onto land conferred by subsection (1) is subject to the following conditions:
a: entry may be made only—
i: by an officer, employee, or agent of Airways authorised by Airways in writing; or
ii: by persons under the immediate control of an officer, employee, or agent of Airways authorised by Airways in writing:
b: reasonable notice of the intention to enter must be given:
c: notice must be given in accordance with Part 10
d: entry may be made only at reasonable times:
e: the officer, employee, or agent must carry and produce on initial entry, and subsequently if required to do so, evidence of the person’s identity and authority.
3: Subsection (2) does not apply if the entry is necessary in circumstances of probable danger to life or property.
4: Any equipment owned by Airways that is fixed to, or installed over or under, the land and is not owned by Airways—
a: is taken to be lawfully fixed or installed; and
b: must continue to be fixed or installed until Airways otherwise decides.
5: No person other than Airways has any interest in any equipment referred to in subsection (4) by reason only of having an interest in the land. 1990 No 98 s 25(1), (2)–(5)
9: Protections in relation to accident and incident notifications under subpart 5 of Part 2
Interpretation
339: Interpretation in this subpart
1: In this subpart, unless the context otherwise requires,— law enforcement action notified incident section 49(3)
2: A person is a qualifying person
a: the person ( person A
i: notifies the incident to the CAA in accordance with section 49(3)
ii: is employed or engaged by a person ( person B section 49(3)
b: the notification person A provided under paragraph (a)(i) or (ii) is—
i: a full and accurate account of the incident; and
ii: provided in accordance with any requirements (for example, as to timeliness of notifications) specified in the rules. Restriction on admissibility of accident and incident notifications
340: Restriction on admissibility of accident and incident notifications
1: An accident notification provided by an individual under section 49(1) or (4)
2: An incident notification provided under section 49(3)
a: the individual provided the incident notification to the CAA under section 49(3)
b: the individual while employed or engaged by a person ( person B section 49(3)
3: Nothing in subsection (2) applies if the criminal proceeding is a criminal proceeding that concerns the falsity of the notification. Limitations on Director’s powers to take law enforcement action
341: When Director may take law enforcement action
1: The Director may take law enforcement action, in relation to a notified incident, against a person who is a qualifying person in relation to the incident only if the Director is satisfied that the public interest in taking action in the circumstances outweighs any adverse impact that the action will have on further accident or incident notifications.
2: Without limiting subsection (1), the Director may be satisfied as to the matter in subsection (1) if the Director is satisfied that any 1 or more of the following apply:
a: the behaviour of the person in respect of which enforcement action would be taken is, or appears to be, a major departure from the standard of care expected of a reasonable person in the circumstances:
b: the person recklessly caused unnecessary danger to any other person or to any property:
c: the behaviour of the person in respect of which enforcement action would be taken caused unnecessary danger to any other person or to any property, and that behaviour repeats previous behaviour of the same or of a similar kind by the person.
10: Protection of flight data recording from use in criminal proceedings against flight crew
342: Interpretation
In this subpart,— flight data recorder
a: a flight data recorder that is required to be installed in any aircraft (whether or not it is required to be installed in that aircraft) for the purpose of complementing an accident or incident investigation; or
b: any other data recording device approved for installation under the rules and installed in the aircraft for the purpose of complementing an accident or incident investigation flight data recording
343: Admissibility of flight data recording against flight crew in criminal proceedings
1: A flight data recording from an aircraft is not admissible against a member of the flight crew of the aircraft in any criminal proceedings under this or any other Act.
2: Subsection (1) is subject to any order of a court made under subsection (3).
3: A court may order that the whole or part of a flight data recording from an aircraft is admissible against a member of the flight crew of the aircraft in a criminal proceeding if the court is satisfied that it is in the interests of justice after having regard to any adverse impact the admission of the whole or part of the recording may have on future accident and incident investigations.
4: An application for an order under subsection (3) may be made only by a person who has commenced the criminal proceeding.
5: Nothing in subsection (1) affects the admissibility of a flight data recording from an aircraft in criminal proceedings against a person other than a member of the flight crew of the aircraft.
344: This subpart does not limit or affect application of Part 3 of Transport Accident Investigation Commission Act 1990
This subpart does not limit or affect the application of Part 3 section 14A
11: Disqualification
345: Effect of disqualification by court
1: If the holder of an aviation document is disqualified by an order of a court from holding or obtaining an aviation document, the document is suspended while the disqualification is in force, and is of no effect during the period of suspension.
2: Subsection (3) applies if the holder of an aviation document is disqualified from holding or obtaining an aviation document and the disqualification will expire before the term of the document expires.
3: The document continues to be of no effect on the expiration of the disqualification and until the holder of it undergoes and passes any tests and fulfils any requirements that the Director may specify. 1990 No 98 s 59
346: Commencement of period of disqualification
If an order is made disqualifying any person from holding or obtaining an aviation document, the period of disqualification commences on the date on which the order is made or any later date the court making the order directs. 1990 No 98 s 60
347: Retention and custody of document
1: If a court makes an order disqualifying the holder of an aviation document from holding or obtaining a document and the document is capable of being surrendered (for example, if it is in paper form), the person in respect of whom the order is made must immediately, and whether or not demand is made, surrender the document to—
a: the registry of the court where the order was made; or
b: the CAA.
2: If an aviation document is surrendered under this section, it must immediately be forwarded to the Director.
3: The Director must—
a: endorse the terms of the disqualification on the document; and
b: retain it until the disqualification has expired or been removed and the person entitled to the document has made a request in writing for its return.
4: If the person entitled to the document is a person to whom section 345(3) 1990 No 98 s 61
348: Removal of disqualification
1: Subject to this section, any person who by order of a court is disqualified for a period exceeding 6 months from holding or obtaining an aviation document may, after the expiration of 6 months after the date on which the order of disqualification became effective, apply to the court that made the order to remove the disqualification.
2: On an application under this section, the court may, having regard to the character of the applicant and the applicant’s conduct subsequent to the order, the nature of the offence, and any other circumstances of the case,—
a: remove the disqualification from a date the court may specify; or
b: refuse the application.
3: If the disqualification was ordered by the District Court, an application under this section must be made to a District Court Judge.
4: The application must be made to the registry of the court in which the order was made.
5: Notice of every application under this section must be served on the Director, who has a right to appear and be heard in respect of the matter. 1990 No 98 s 62
349: Particulars of disqualification orders, etc, to be sent to Director
Particulars of the following orders made by a court must be sent by the Registrar of the court to the Director:
a: an order disqualifying a person from holding or obtaining an aviation document or imposing restrictions or conditions (or both) on any aviation document held by or issued to any person:
b: an order under section 348 1990 No 98 s 63
350: Appeals against disqualification by court
1: For the purposes of Part 6
2: If a notice of appeal against an order referred to in subsection (1) is filed, the court may, if it thinks fit, defer the operation of the order pending the appeal, but otherwise the order has immediate effect.
3: If a person who is disqualified by an order of the District Court from holding or obtaining an aviation document applies for a removal of that disqualification and the application is refused,—
a: the person may appeal against the refusal to the High Court in accordance with Part 6
b: that Part applies with any necessary modifications as if the refusal were a sentence.
4: If a person who is disqualified by an order of the High Court from holding or obtaining an aviation document applies for a removal of that disqualification and the application is refused,—
a: the person may appeal against the refusal to the Court of Appeal in accordance with Part 6
b: that Part applies with any necessary modifications as if the refusal were a sentence.
5: If an application is made to the Court of Appeal for leave to appeal to that court against a sentence of the High Court that is or includes an order of disqualification, the High Court may, if it thinks fit, defer the operation of the order pending the application for leave to appeal and, if leave is granted, pending the appeal.
6: If an appeal is made to the High Court or leave to appeal to the Court of Appeal is granted under this section, whether in whole or in part, the Registrar of the High Court must send notice of that fact to the Director, who has a right to appear and be heard in respect of the matter.
7: In determining the expiry of the period for which a person is disqualified from holding or obtaining an aviation document, any time during which the operation of the disqualification order is deferred under this section must be disregarded. 1990 No 98 s 64
12: Injunctions
351: Court may grant injunctions
1: A court may, on application by the Director, the Secretary, or any other person, grant an injunction—
a: restraining a person from engaging in conduct that constitutes or would constitute a breach of civil aviation legislation:
b: requiring a person to do an act or a thing if—
i: the person has refused or failed, or is refusing or failing, or is proposing to refuse or fail to do that act or thing; and
ii: the refusal or failure was, is, or would be a breach of civil aviation legislation.
2: An injunction may be granted under this section—
a: even though proceedings for any offence constituted by the breach have not been taken; or
b: if the person is convicted of an offence constituted by the breach,—
i: in the proceedings for the offence, in substitution for or in addition to any penalty imposed for the offence; or
ii: in subsequent proceedings. 1966 No 51 s 9(10) 2013 No 69 s 480
352: When court may grant restraining injunctions
1: A court may grant an injunction restraining a person from engaging in conduct of a particular kind if—
a: it is satisfied that the person has engaged in conduct of that kind; or
b: it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind.
2: The court may grant an interim injunction restraining a person from engaging in conduct of a particular kind if in its opinion it is desirable to do so.
3: Subsections (1)(a) and (2) apply 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.
4: Subsections (1)(b) and (2) apply whether or not—
a: the person has previously engaged in conduct of that kind; or
b: there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind. 2013 No 69 s 481
353: When court may grant performance injunctions
1: A court may grant an injunction requiring a person to do an act or a thing if—
a: it is satisfied that the person has refused or failed, or is refusing or failing, to do that act or thing; or
b: it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail, or continue to refuse or fail, to do that act or thing.
2: The court may grant an interim injunction requiring a person to do an act or a thing if in its opinion it is desirable to do so.
3: Subsections (1)(a) and (2) apply whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing.
4: Subsections (1)(b) and (2) apply—
a: whether or not the person has previously refused or failed to do that act or thing; or
b: if there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing.
354: Undertaking as to damages not required by Director or Secretary
1: If the Director or the Secretary applies to a court for the grant of an interim injunction under this subpart, the court must not, as a condition of granting an interim injunction, require the Director or the Secretary to give an undertaking as to damages.
2: In determining the application for the grant of an interim injunction, the court must not take into account that the Director or Secretary (as the case may be) is not required to give an undertaking as to damages. 2013 No 69 s 482
13: Powers of Minister to intervene on grounds of national security
355: Powers of Minister to intervene on grounds of national security
1: Subsection (2) applies if the Minister, after taking into account the advice of the intelligence and security agencies, is satisfied that the action is necessary in the interests of national security.
2: The Minister may, by written notice,—
a: direct that an application referred to the Minister under section 74
b: direct that restrictions or conditions be imposed on an aviation document issued to a person under this Act; or
c: disqualify a person from holding or obtaining an aviation document or a particular aviation document; or
d: prohibit a person from operating, maintaining, servicing, or doing any other act in respect of any aircraft, aerodrome, aeronautical product, or aviation-related service.
3: A notice given under subsection (2)(b), (c), or (d) may apply for any period not exceeding 24 months that the Minister thinks fit.
356: Giving of notice and related matters
1: A notice given under section 355(2)
a: the person in respect of whom it is given; and
b: the Director.
2: The Minister must inform the person in respect of whom a notice is given under section 355(2)
a: the reasons for the decision (except to the extent that the Minister considers that providing reasons would involve a disclosure of information that would be likely to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand); and
b: the review procedure available in relation to the notice under section 357
3: A notice given under section 355(2) section 357
4: When a notice given under section 355(2)(b)
5: Service under subsection (1) may be effected in any way the Minister considers appropriate.
357: Review procedure in relation to notice under section 355
1: If the Minister gives a notice under section 355(2) section 171
2: If the Inspector-General of Intelligence and Security sends a report to the Minister in accordance with section 185
3: In this section, Inspector-General of Intelligence and Security section 157
358: Effect of disqualification by Minister
1: If the holder of an aviation document is disqualified by a notice under section 355(2)(c)
2: Subsection (3) applies if the holder of an aviation document is disqualified from holding or obtaining a document and the disqualification will expire before the term of the document expires.
3: The document continues to be of no effect on the expiry of the disqualification and until the holder of it undergoes and passes any tests and fulfils any requirements that the Director may specify.
359: Commencement of period of disqualification by Minister
If a notice is given under section 355(2)(c) section 356(1)
360: Retention and custody of document following disqualification by Minister
1: If the holder of an aviation document is disqualified by a notice under section 355(2)(c)
2: The Director must—
a: endorse the terms of the disqualification on the document; and
b: retain the document until the disqualification has expired or been removed and the person entitled to the document has made a request in writing for its return.
3: If the person entitled to the document is a person to whom section 345(3)
361: Offences relating to breach of notice given by Minister on national security grounds
1: A person commits an offence if the person—
a: intentionally fails or refuses to comply with any restriction or condition imposed by a notice under section 355(2)(b)
b: applies for or obtains an aviation document while disqualified by a notice under section 355(2)(c)
c: intentionally does any act contrary to the terms of a prohibition in a notice under section 355(2)(d)
2: Any aviation document in respect of which an offence is committed under subsection (1)(b) is of no effect.
3: A 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 12 months or to a fine not exceeding $60,000, or both:
b: in the case of any other person, to a fine not exceeding $200,000.
4: If a person is convicted of an offence under subsection (1)(b), the court may order the person to be disqualified from holding or obtaining an aviation document for any period not exceeding 12 months that the court thinks fit.
14: General offences
362: Communicating false or misleading information
1: A person who, by any means, provides to the Secretary, the CAA, or the Director information relevant to the Secretary’s, the CAA’s, or the Director’s performance or exercise of functions or powers under civil aviation legislation, knowing the information to be false or misleading, commits an offence.
2: A 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 12 months or to a fine not exceeding $30,000, or both:
b: in the case of any other person, to a fine not exceeding $100,000. 1990 No 98 s 49(1)(a), (2)
363: Obstruction of inspector or other person authorised by Director or Secretary
1: A person commits an offence who intentionally obstructs or intentionally impedes—
a: an inspector or a response officer exercising their functions or powers under this Act; or
b: any other person who is authorised by the Director or the Secretary and acting in the performance or exercise of any functions or powers conferred on the person under this Act.
2: Subsection (1) applies only where the inspector, response officer, or other person obstructed or impeded is in uniform or produces evidence of the person’s authority.
3: A person who breaches subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $10,000:
b: in the case of any other person, to a fine not exceeding $50,000. 1990 No 98 s 50
364: Trespass
1: A person commits an offence if the person, without reasonable excuse, enters or remains within any aerodrome, or any building or area in which technical facilities or services for civil aviation are operated, when directed not to enter or not to remain by—
a: a person authorised by the Director in writing for that purpose or a constable; or
b: a notice posted by a person referred to in paragraph (a), the Director, or an aviation security officer.
2: A person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,500, or both. 1990 No 98 s 51
365: Failure to maintain accurate records
1: A person commits an offence if the person contravenes any requirement under this Act—
a: to make accurate entries in a record; or
b: to maintain an accurate record; or
c: to provide to the Secretary, the CAA, the Director, or any other person an accurate record when required to do so.
2: A 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 any other person, to a fine not exceeding $50,000. 1990 No 98 s 52
366: Breach of emergency rule, prohibition, or condition
1: A person who, without reasonable excuse, acts in breach of or fails to comply with any emergency rule made under section 67 section 315(7)
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $30,000:
b: in the case of any other person, to a fine not exceeding $100,000. 1990 No 98 s 53
367: Flight over foreign country without authority or for improper purpose
1: This section applies to—
a: any aircraft that is registered or required to be registered in New Zealand under this Act:
b: any other aircraft operated by a person who is normally resident in New Zealand or whose principal place of business is in New Zealand.
2: A person who, being the operator or pilot-in-command of an aircraft to which this section applies that is being flown over a foreign country or territory, knowingly allows that aircraft to be used for a purpose that is prejudicial to the security of, the public order or public health of, or the safety of air navigation in relation to, that country or territory commits an offence.
3: In any prosecution for an offence against subsection (2), where it is proved by the prosecution that the aircraft was used for any purpose described in subsection (2), in the absence of evidence to the contrary it is presumed that the defendant knew that the aircraft was being used for that purpose.
4: A person commits an offence if the person is the operator or pilot-in-command of an aircraft to which this section applies that is being flown over any foreign country or territory, and knowingly fails to comply with any direction that is given in respect of the aircraft by the appropriate aeronautical authority of that country or territory where—
a: the flight is not duly authorised; or
b: the appropriate aeronautical authority has reasonable grounds to believe that the aircraft is being or will be used for a purpose that is prejudicial to the security of, the public order or public health of, or the safety of air navigation in relation to, that country or territory.
5: Subsection (4)—
a: does not apply if the lives of persons on board the aircraft or the safety of the aircraft would be endangered by compliance with the direction:
b: is without prejudice to any other requirement to comply with directions given by an aeronautical authority.
6: For the purposes of this section, appropriate aeronautical authority
7: A person who commits an offence against subsection (2) or (4) 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 $60,000, or both:
b: in the case of any other person, to a fine not exceeding $200,000. 1990 No 98 s 53A
15: Additional penalty for offences involving commercial gain
368: Additional penalty for offences involving commercial gain
1: In addition to any penalty the court may impose under section 41 103 104 217 250 297
2: For the purpose of subsection (1), the value of any gain must be assessed by the court, and is recoverable in the same manner as a fine. 1990 No 98 s 47
16: Infringement offences
369: Interpretation
In this subpart, person authorised by the Director
a: in the case of an unruly passenger offence that is an infringement offence, a person authorised by the Director under subpart 20
b: in relation to any other infringement offence, a person authorised by the Director under section 372(1)
370: Application of this subpart to offences for breach of airport bylaws
If regulations made under section 407(1)(d) section 235
a: the airport operator that made the bylaw may, in writing, authorise a person to issue infringement notices under this Act for the purpose of enforcing the infringement offences; and
b: this subpart applies as if—
i: references to the Director or a person authorised by the Director were to the airport operator and any person authorised by the operator; and
ii: references to the enforcement authority were to the airport operator.
371: Infringement offences
1: A person who is alleged to have committed an infringement offence may—
a: be proceeded against by the filing of a charging document under section 14
b: be issued with an infringement notice under section 373
2: Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a)
3: See
a: section 21
b: section 406
372: Who may issue infringement notices
1: The Director may, in writing, authorise a person to issue infringement notices under this Act, except for the purpose of subpart 2
2: Subsection (1) is subject to section 462(2)(c)
373: When infringement notice may be issued
The Director or a person authorised by the Director may issue an infringement notice to a person if the Director or person authorised by the Director believes on reasonable grounds that the person is committing, or has committed, an infringement offence.
374: Revocation of infringement notice before payment made
1: The Director or a person authorised by the Director may revoke an infringement notice before—
a: the infringement fee is paid; or
b: an order for payment of a fine is made or deemed to be made by a court under section 21
2: The Director or a person authorised by the Director must take reasonable steps to ensure that the person to whom the notice was issued is made aware of the revocation of the notice.
3: The revocation of an infringement notice before the infringement fee is paid is not a bar to any further action as described in section 371(1)(a) or (b)
375: What infringement notice must contain
An infringement notice must be in the form prescribed in regulations and must contain the following particulars:
a: details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee:
c: the address of the enforcement authority:
d: how the infringement fee may be paid:
e: the time within which the infringement fee must be paid:
f: a summary of the provisions of section 21(10)
g: a statement that the person served with the notice has a right to request a hearing:
h: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:
i: any other matters prescribed in regulations.
376: How infringement notice may be served
1: An infringement notice may be served on the person who the Director or a person authorised by the Director believes is committing or has committed the infringement offence by—
a: delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or
b: leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or
c: leaving it for the person at the person’s place of business or work with another person; or
d: sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work; or
e: sending it to the person at the person’s last address for service provided under section 73
f: sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand.
2: Unless the contrary is shown,—
a: an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1) is to be treated as having been served on the person on the fifth working day after the date on which it was posted:
b: despite paragraph (a), an infringement notice in respect of an unruly passenger offence sent by prepaid post is to be treated as having been served on the defendant when it was posted:
c: an infringement notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first enters an information system that is outside the control of the enforcement authority.
377: Payment of infringement fees
1: Except as provided in subsection (2), all infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account.
2: An enforcement authority that is an airport operator may retain the portion of the infringement fees received by it under this Act that the Minister of Finance from time to time approves.
378: Reminder notices
A reminder notice must be in the form prescribed in the regulations and must include the same particulars, or substantially the same particulars, as the infringement notice.
17: Charging documents and burden of proof
379: Limitation period for prosecutions brought by Director
1: Despite section 25
a: within 12 months after the date on which the incident, situation, or set of circumstances to which the offence relates first became known, or ought reasonably to have become known, to the Director:
b: if an enforceable undertaking has been given in relation to the offence under subpart 6
i: the enforceable undertaking is contravened; or
ii: it comes to the notice of the Director that the enforceable undertaking has been contravened; or
iii: the Director has agreed under section 329
2: Subsection (1)(a) is subject to section 380
380: Extension of time if Director needs longer to decide whether to bring prosecution
1: This section applies if the Director considers that the Director will not be able to file a charging document by the end of the 12-month period specified in section 379(1)(a)
2: The District Court may, on application by the Director made before the end of the 12-month period specified in section 379(1)(a) section 379(1)(a)
3: The court must not grant an extension under subsection (2) unless it is satisfied that—
a: the Director reasonably requires longer than the 12-month period to decide whether to file a charging document; and
b: the reason for requiring the longer period is that the investigation of the events and issues surrounding the alleged offence is complex or time-consuming; and
c: it is in the public interest in the circumstances that a charging document is able to be filed after the 12-month period expires; and
d: filing the charging document after the 12-month period expires will not unfairly prejudice the proposed defendant in defending the charge.
4: The court must give the following persons an opportunity to be heard:
a: the Director:
b: the proposed defendant:
c: any other person who has an interest in whether or not a charging document should be filed.
381: Burden of proof of exceptions, etc, for offences
1: This section applies to—
a: an offence against this Act that is prescribed in regulations under section 407(1)(b)
b: an offence against any of the following sections:
i: section 17
ii: section 19(1)
iii: section 51(1)
iv: section 107(1)
v: section 112(1)
vi: section 132(1)
vii: section 173(1)(b)
viii: section 250
ix: section 297(1)
x: section 364(1)
xi: section 366(1)
xii: section 396
xiii: section 405(2)
xiv: section 413(1)
xv: section 422(1)
xvi: section 422(2)
2: Any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany the description of the offence,—
a: may be proved by the defendant; but
b: need not be negatived in the charging document, and, whether or not it is so negatived, no proof in relation to the matter is required on the part of the prosecutor.
3: Subsection (2)(b) is subject to section 17(4) 1990 No 98 ss 65AA, 100A
18: Evidence and proof
382: Evidence and proof in offence-related proceedings: aviation documents and New Zealand Register of Aircraft
1: This section and section 383 Aviation document
2: In the absence of proof to the contrary, a copy of any aviation document is sufficient to prove the contents of that document if the copy of the document is certified correct by—
a: the Director; or
b: any employee of the CAA authorised to do so by the Director.
3: Unless the contrary is proved, an official certificate is sufficient evidence of the matter certified.
4: In subsection (3), official certificate
a: to the effect that on a specified date a person or an organisation was or was not the holder of—
i: an aviation document; or
ii: a specified type of aviation document; and
b: signed or otherwise authenticated by—
i: the Director; or
ii: any employee of the CAA authorised to do so by the Director. New Zealand Register of Aircraft
5: Evidence of the contents of the New Zealand Register of Aircraft maintained under section 36
a: the Director; or
b: any employee of the CAA authorised in that behalf by the Director.
6: Unless the contrary is proved, every certificate is sufficient evidence of the matters stated in it. Written statement in relation to medical certificate
7: Unless the contrary is proved, a written statement is sufficient evidence of the matter stated.
8: In subsection (7), written statement
a: Schedule 2
b: the rules before the commencement of the Civil Aviation (Medical Certification) Amendment Act 2001 1990 No 98 s 71(1)
383: Evidence and proof in offence-related proceedings: other matters
Material incorporated by reference
1: In the absence of evidence to the contrary, a certified copy of material incorporated by reference is sufficient evidence that the material produced is the material incorporated by reference. Certificates generally
2: Unless the contrary is proved, it is presumed that every certificate purporting to have been certified or given under this section has been certified or given by—
a: the Director; or
b: an employee of the CAA authorised by the Director to certify documents or give certificates under this section. Licence
3: A licence granted under Part 6
384: Evidence and proof of rule in any proceedings
1: Unless the contrary is proved, and without limiting any other method of proof, the production in any proceedings of a copy of an item specified in subsection (2) is sufficient evidence of—
a: the rule; and
b: the fact that it has been made in accordance with Part 3
2: The items for the purposes of subsection (1) are—
a: a rule purporting to have been made by the Minister under subpart 1 Part 3
b: any emergency rule purporting to have been made by the Director under section 67 1990 No 98 s 71(2)
19: General provisions relating to proceedings
385: State of mind of employees and agents attributed
State of mind of individual in civil proceedings
1: Subsection (2) applies in any civil proceedings under this Act in respect of any conduct engaged in by an individual, being conduct in relation to which civil aviation legislation applies.
2: If it is necessary to establish the state of mind of the individual, it is sufficient to show that an employee or agent of the individual acting within the scope of the employee’s or agent’s actual or apparent authority had that state of mind. State of mind of person other than individual in civil or criminal proceedings
3: Subsection (4) applies in any civil or criminal proceedings under this Act in respect of any conduct engaged in by a person other than an individual, being conduct in relation to which civil aviation legislation applies.
4: If it is necessary to establish the state of mind of the person, it is sufficient to show that an employee or agent of the person acting within the scope of the employee’s or agent’s actual or apparent authority had that state of mind. Meaning of state of mind
5: In this section, state of mind 2015 No 70 s 160
386: Conduct of employees and agents attributed
1: Conduct engaged in on behalf of an individual ( person A
a: an employee or agent of person A, acting within the employee’s or agent’s actual or apparent authority:
b: any other person at the direction or with the consent or agreement (whether express or implied) either of person A or an employee or agent of person A, given within the scope of the actual or apparent authority of the employee or agent.
2: Conduct engaged in on behalf of a person other than an individual ( person B
a: an employee or agent of person B acting within the scope of the employee’s or agent’s actual or apparent authority:
b: any other person at the direction or with the consent or agreement (whether express or implied) of an employee or agent of person B, given within the scope of the actual or apparent authority of the employee or agent. 2015 No 70 s 161
20: Unruly passenger offences
Preliminary provisions
387: Interpretation in this subpart
In this subpart, unless the context otherwise requires,— details person authorised by the Director section 389 1990 No 98 s 65A(6)
388: Application of this subpart
1: This subpart applies to any unruly passenger offence committed—
a: on an aircraft in New Zealand, regardless of the nationality of the aircraft:
b: on an aircraft in flight outside New Zealand, regardless of the nationality of the aircraft, if the next landing of the aircraft is in New Zealand.
2: For the purposes of this subpart, an aircraft is in flight
3: However, in the case of a forced landing, an aircraft is in flight
a: if the forced landing occurs in a place within the territorial limits of a country, until the time that competent authorities of that country assume responsibility for the aircraft and for persons and property on board the aircraft; or
b: if the forced landing occurs in a place that is not within the territorial limits of any country, until the time that competent authorities of any country assume responsibility for the aircraft and for persons and property on board the aircraft. 1990 No 98 s 65A(1)–(3)
389: Exercise of powers under this subpart
1: The Director may authorise an aviation security officer or any other person to exercise a power or perform a function under this subpart.
2: A person authorised by the Director under subsection (1) must carry evidence of authority issued by the Director that specifies—
a: the name of, and the office or offices held by, the person; and
b: the powers and functions that the person is authorised to exercise and perform under this subpart.
3: A constable may exercise and perform all or any of the powers and functions that may be conferred on a person authorised by the Director under this subpart.
4: This section does not limit section 331 1990 No 98 s 65A(4)–(5)
390: Liability for offences against this subpart despite extraterritoriality
A person who commits an act or omission on an aircraft in flight outside New Zealand that would be an offence against this subpart if it occurred within New Zealand is, subject to this Act, liable as if the act or omission had occurred in New Zealand. 1990 No 98 s 65B
391: Liability for offences under Summary Offences Act 1981 despite extraterritoriality
1: A person is liable under the Summary Offences Act 1981
a: the person commits an act or omission on an aircraft in flight outside New Zealand; and
b: that act or omission, if it occurred in New Zealand, would be an offence against 1 or more of the following provisions of that Act:
i: section 3
ii: section 7
iii: section 9
iv: section 11
v: section 27
2: For the purposes of the provisions specified in subsection (1)(b), a reference to a public place 1990 No 98 s 65C
392: Liability for offence on foreign aircraft outside New Zealand
1: An infringement notice may be issued under section 373
a: the pilot-in-command—
i: makes (in the form and manner required by the Director) a request to the Director or a person authorised by the Director to issue an infringement notice or to commence proceedings; and
ii: provides an undertaking in the form and manner required by the Director that the pilot-in-command (or the operator of the aircraft) has not made and will not make a similar request to the authorities of any other State; and
b: in the case of proceedings, the Attorney-General consents.
2: A person may, in respect of an unruly passenger offence, be arrested, charged, remanded in custody, or released on bail before the Attorney-General decides whether to consent to proceedings.
3: Despite subsection (1)(b), proceedings for an unruly passenger offence committed on a foreign aircraft outside New Zealand may be commenced without the Attorney-General’s consent if—
a: particulars of the infringement notice are provided under section 406(2)
b: the defendant requests a hearing in respect of the infringement offence to which the infringement notice relates.
4: In any proceedings for an offence under this subpart, the pilot-in-command’s request and undertaking, if made in the prescribed form or forms, are—
a: admissible in evidence; and
b: in the absence of proof to the contrary, sufficient evidence of the matters stated in the form or forms. 1990 No 98 s 65D
393: Proceedings for offences
1: This subpart does not affect the liability of a person under any other enactment.
2: Subsection (1) is subject to section 391 1990 No 98 s 65E(3), (4) Unruly passenger offences
394: Passenger endangering safety
1: No person who is a passenger on an aircraft may act in a manner that endangers the aircraft or any person in the aircraft.
2: A person who acts in breach of subsection (1) and who knows, or is reckless as to whether, their action will endanger the aircraft or any person in the aircraft commits an offence.
3: A person who commits an offence against subsection (2) is liable on conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $10,000, or both. 1990 No 98 s 65F
395: Disruptive conduct towards crew member
1: A person commits an offence if, while in an aircraft, the person—
a: uses any threatening, offensive, or insulting words towards a crew member; or
b: behaves in a threatening, offensive, insulting, or disorderly manner towards a crew member; or
c: behaves in a manner that interferes with a crew member’s performance of the crew member’s duties; or
d: intentionally interferes with a crew member’s performance of the crew member’s duties.
2: A person who commits an offence against subsection (1)(a), (b), or (c) is liable on conviction to a fine not exceeding $5,000.
3: A person who commits an offence against subsection (1)(d) is liable on conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $10,000, or both.
4: It is a defence in a prosecution under subsection (1)(a) for using offensive or insulting words if the defendant proves that the defendant had reasonable grounds to believe that the defendant’s words would not be overheard or seen by a crew member.
5: In this section, words
a: words that are written, printed, gestured, or spoken; and
b: any pictorial representation or visual description of words. 1990 No 98 s 65G
396: Interference with aircraft
1: A person who tampers or, without reasonable excuse, interferes with any aircraft, or any component of an aircraft, or its equipment, including, but not limited to, smoke detectors, commits an offence.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $10,000. 1990 No 98 s 65H
397: Intoxicated person on aircraft
1: No person may—
a: board an aircraft when intoxicated; or
b: become intoxicated on an aircraft.
2: This section does not apply to a person under medical care.
3: In proceedings for an offence against subsection (1),—
a: the prosecutor need not assert, in the charging document, that the defendant was not a person under medical care; and
b: the burden of proving that the defendant was under medical care lies on the defendant.
4: A person who breaches subsection (1)(a) commits an infringement offence and is liable to—
a: an infringement fee of $1,000; or
b: a fine imposed by a court not exceeding $5,000.
5: A person who breaches subsection (1)(b) commits an infringement offence and is liable to—
a: an infringement fee of $600; or
b: a fine imposed by a court not exceeding $3,000.
6: In this section,— alcohol section 5(1) intoxication
a: be incapable of properly looking after themself; or
b: behave in a manner that is hazardous to the operation of the aircraft or to the health or safety of persons on the aircraft; or
c: offend against the good order and discipline required on an aircraft person under medical care
a: is under the supervision of an attendant; and
b: has become intoxicated as a result of taking prescription medication in accordance with a medical authorisation. 1990 No 98 s 65I
398: Non-compliance with commands given by pilot-in-command
1: A person who fails to comply with any commands given to the person directly by the pilot-in-command, or indirectly by the pilot-in-command through a crew member, in accordance with the pilot-in-command’s duties under section 14
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $5,000. 1990 No 98 s 65J
399: Offensive behaviour or words
1: A person commits an offence if, on any aircraft, the person—
a: behaves in a threatening, offensive, insulting, or disorderly manner; or
b: uses threatening, offensive, or insulting words.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $2,500.
3: It is a defence in a prosecution under subsection (1)(b) for using offensive or insulting words if the defendant proves that the defendant had reasonable grounds to believe that the defendant’s words would not be overheard or seen. 1990 No 98 s 65K
400: Portable electronic devices must not be operated
1: No person may operate a portable electronic device on board an aircraft in breach of the rules.
2: A person who breaches subsection (1) commits an infringement offence and is liable to—
a: an infringement fee of $500; or
b: a fine imposed by a court not exceeding $2,500. 1990 No 98 s 65L
401: Non-compliance with seating and safety belt instructions
1: A person must comply with an instruction given by a crew member, passenger information sign, or placard to—
a: occupy a seat or berth; or
b: fasten and keep fastened about the person any safety belt or safety harness installed, or provided by a crew member.
2: A person who breaches subsection (1) commits an infringement offence and is liable to—
a: an infringement fee of $500; or
b: a fine imposed by a court not exceeding $2,500. 1990 No 98 s 65M
402: No smoking
1: No person may smoke—
a: when instructed not to smoke by a crew member, passenger information signs, or placards; or
b: while on any aircraft that is carrying passengers for hire or reward on any internal flight; or
c: while on any aircraft operated by a New Zealand international airline carrying passengers on any route.
2: A person who breaches subsection (1) commits an infringement offence and is liable to—
a: an infringement fee of $500; or
b: a fine imposed by a court not exceeding $2,500.
3: In this section,— internal flight section 2(1) New Zealand international airline section 174 to smoke smoke smoked smoking to vape section 2(1) 1990 No 98 s 65N
403: Dangerous goods
1: No person may carry, or cause to be carried, any dangerous goods on an aircraft in breach of the rules.
2: A person who breaches subsection (1) commits an infringement offence and is liable to—
a: an infringement fee of $500; or
b: a fine imposed by a court not exceeding $2,500. 1990 No 98 s 65O Requirement for passenger to provide information
404: Requirements relating to information and verification
1: The Director or a person authorised by the Director (the Director or person section 394 395(1)(d)
2: If the Director or person has reasonable grounds to suspect that any details provided are false or misleading, the Director or person may require the passenger to give the verification of those details that it is reasonable in the circumstances to require the passenger to provide.
3: The verification must be inspected without delay and returned to the passenger as soon as practicable after the inspection has concluded. 1990 No 98 s 65P(3), (4), (7)
405: Consequences for failure to comply with requirements
1: A constable may arrest a passenger without warrant if the passenger,—
a: without reasonable excuse, refuses or fails to comply with a requirement under section 404(1) or (2)
b: persists in that refusal or failure after being warned by the Director or person authorised by the Director that the passenger may be arrested for committing an offence by that refusal or failure.
2: The passenger commits an offence and is liable on conviction to a fine not exceeding $1,000 if, without reasonable excuse, the passenger—
a: refuses or fails to comply with a requirement under section 404(1) or (2)
b: gives to the Director or person authorised by the Director in response to the requirement details that are materially false or misleading. 1990 No 98 s 65P(5), (6)
406: Modifications to infringement offence procedure under the Summary Proceedings Act 1957 for unruly passenger offence that is infringement offence
1: This section applies if an infringement notice is issued under section 373
2: The Director or a person authorised by the Director may provide particulars of the 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 Director as specified in the notice; and
b: the Director has not by then received at the address specified in the notice a request for a hearing in respect of that offence.
3: The Summary Proceedings Act 1957 section 21(2)
a: the reference in section 21(1)(b)
b: subsection (2) of this section were in the place of section 21(3)
c: the reference in section 21(3A) section 21(3)
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) section 21(3)
i: the references in sections 21(6)(b) and 21(10)(a)
j: each reference in sections 21A 21B 78B sections 21A 78B
k: the references to reminder notices in the definition of defendant in section 2 section 212 1990 No 98 s 65S
10: Regulations and miscellaneous provisions
1: Regulations
Regulations generally
407: Regulations
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: prescribing, or providing for the fixing of, fees and charges payable under this Act:
b: prescribing those breaches of the regulations or rules that constitute offences against this Act:
c: prescribing those breaches of the regulations or rules that constitute infringement offences against this Act:
d: prescribing those breaches of airport bylaws made under section 235
e: specifying the offences in this Act that are infringement offences:
f: prescribing the maximum fine for each offence prescribed under paragraph (b) or (c), which,—
i: in the case of an individual, must not exceed $10,000; and
ii: in the case of any other person, must not exceed $50,000:
g: prescribing infringement fees for infringement offences (other than those to which paragraph (d) applies), which,—
i: in the case of an individual, must not exceed $3,000; or
ii: in the case of any other person, must not exceed $15,000:
h: prescribing the information and documents that applicants for scheduled international air services licences under subpart 1
i: specifying, for the purposes of subpart 2
j: prescribing matters relating to maintenance, operation, access, and search of registers under this Act, including the New Zealand Register of Aircraft, the Civil Aviation Records, the register of current medical certificates, and the register of airport operators:
k: providing for anything this Act says may or must be provided for by regulations:
l: providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
2: If regulations may prescribe the manner in which something must be done, the regulations may provide for—
a: by whom, when, where, and how the thing must be done:
b: the form of the thing:
c: what information or other evidence or documents must be provided in connection with the thing:
d: requirements with which information, evidence, or documents that are provided in connection with the thing must comply.
3: Regulations made under this section are secondary legislation ( see Part 3 1990 No 98 s 100(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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
408: Provisions relating to regulations generally
1: Regulations made under this Act may—
a: provide differently for different types of persons, aircraft, aerodromes, aeronautical products, aviation participants, or aviation-related services or on any other differential basis; or
b: provide differently for the same class of person, aircraft, aerodrome, aeronautical product, aviation participant, or aviation-related service or any other thing in different circumstances.
2: Regulations made under this Act are not invalid merely because they confer any discretion on, or allow any matter to be determined or approved by, the Secretary, the CAA, or the Director or any other person or allow the Secretary, the CAA, or the Director or any other person to impose requirements as to the performance of any activities. 1990 No 98 s 100(2), (4) Regulations relating to carbon offsetting and reduction scheme for international aviation
409: Regulations relating to carbon offsetting and reduction scheme for international aviation
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations for the purposes of subpart 3
a: how an eligible New Zealand operator may be attributed to New Zealand for the purpose of Annex 16, Vol IV of the Convention:
b: how flights are to be attributed to an eligible New Zealand operator:
c: reporting periods and the time by which any plan, report, or other thing must be submitted to the Secretary:
d: the content of an emissions monitoring plan:
e: the method or methods by which fuel emissions may be calculated (including the reduction of emissions from the use of sustainable fuels):
f: the method or methods by which fuel use may be monitored:
g: procedures for dealing with gaps in information about fuel use:
h: the method or methods by which the Secretary may calculate offsetting requirements:
i: eligible units and the requirements for an eligible New Zealand operator to cancel eligible units:
j: requirements in relation to the verification of reports:
k: persons preparing verification reports to submit the reports to the Secretary:
l: the manner in which any matter may be documented or proved:
m: requirements for the keeping of records by any person for any purposes under subpart 3
n: requirements for the supply of information to the Secretary by an eligible New Zealand operator and the process for dealing with inconsistencies in the information:
o: matters concerning the application of subpart 3
p: the emissions information required to be provided for the purpose of section 213
q: any other matter necessary or desirable to implement Annex 16, Vol IV of the Convention.
2: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Information disclosure
410: Regulations relating to information disclosure by aviation participants
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: requiring any aviation participant or class of aviation participants to provide information in relation to their activities, which may include (without limitation) information about—
i: passengers and air freight carried:
ii: take-offs and landings made:
iii: how often services provided by the aviation participant are on time:
iv: rights of passengers, consignors, consignees, and other persons under Part 8
v: airfare trends:
b: requiring any aviation participant or class of aviation participants to make the information to which any regulations made under paragraph (a) apply—
i: available to all or any of the Secretary, the CAA, or any other specified person:
ii: publicly available:
c: prescribing the manner in which information must be made available.
2: Nothing in regulations made under this section may require the provision of information in any circumstances that would be in breach of the information privacy principles in section 22
3: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
411: Regulations requiring information disclosure by specified aviation participants
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations for any or all of the following purposes:
a: requiring a specified aviation participant to make publicly available in the prescribed manner prescribed information in relation to any or all of its specified aviation activities, which may include, without limitation, information about—
i: prices, terms, and conditions:
ii: costs, pricing policies, and pricing methodologies:
iii: cost allocation policies and methodologies:
b: requiring a specified aviation participant to prepare and make publicly available in the prescribed manner prescribed financial statements—
i: in relation to the aviation participant; and
ii: in relation to any of the aviation participant’s subsidiaries or any part or division of the participant (whether or not including subsidiaries), as if the subsidiary or part or division were a separate and unrelated entity:
c: prescribing the manner in which the information and financial statements must be made publicly available:
d: requiring that the information and financial statements must be provided to the Secretary or any other person in the prescribed manner:
e: prescribing the manner in which the information and financial statements must be provided to the Secretary or any other person:
f: prescribing any standard or standards that the prescribed financial statements must comply with:
g: prescribing any methodology or methodologies that must be used in preparing prescribed financial statements:
h: prescribing requirements relating to audit, assurance, approval or certification of the information or financial statements:
i: exempting, or providing for the exemption of, any person or persons, or any class or classes of persons, from all or any of the requirements of the regulations.
2: Regulations made under this section do not apply to a specified airport company within the meaning of section 56A
3: Regulations made under this section are secondary legislation ( see Part 3
4: In this section,— specified aviation activities
a: in the case of an airport operator, identified aerodrome activities:
b: in the case of a provider of an air traffic service, air traffic services specified aviation participant
a: subject to subsection (2), every aviation participant who is an airport operator; and
b: every aviation participant who provides an air traffic service. 1966 No 51 s 9A 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.
412: Information to be supplied by aviation participants to Secretary
1: A person who is required by regulations made under section 410 411
2: All statements, reports, agreements, particulars, and other information supplied by a specified aviation participant (as defined in section 411(4) 1966 No 51 s 9C 1990 No 98 s 99B
413: Offences in relation to information disclosure
1: A person commits an offence if the person—
a: fails, without reasonable excuse, to comply with any information disclosure requirements prescribed in regulations made under—
i: section 410
ii: section 411
b: fails, without reasonable excuse, to comply with a request made under section 412(1)
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $200,000. 1990 No 98 s 99C International carriage by air
414: Regulations for international carriage by air
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations—
a: prescribing any advance payments for compensation that carriers must make to natural persons under Article 28 of the Montreal Convention:
b: prescribing any arrangements for making advance payments for compensation that carriers must make to natural persons under Article 28 of the Montreal Convention:
c: amending Schedule 6
d: replacing Schedule 6
2: Regulations made under this section are secondary legislation ( see Part 3 1990 No 98 s 91T 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. Fees and charges
415: Regulations relating to fees and charges
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations prescribing, or providing for the fixing of, fees and charges payable for all or any of the following purposes:
a: to provide funds to establish, maintain, and operate works, facilities, and services under this Act:
b: to pay the costs and expenses that the Secretary or the CAA or any of their employees incur in exercising functions, powers, and duties, and in providing services, under this Act:
c: to reimburse the Secretary and the reviewer for costs directly and indirectly associated with the reviewer’s functions under subpart 5
d: to reimburse the CAA and the convener for costs directly and indirectly associated with the Director’s functions and the convener’s functions relating to medical certification under Schedule 2
e: generally for the purposes of civil aviation.
2: Without limiting subsection (1), the regulations may authorise the Minister to, by notice, fix fees and charges in respect of any matter specified in the regulations.
3: Different rates of fees and charges may be prescribed or fixed in respect of different classes of persons, aircraft, aerodromes, aeronautical products, aviation participants, or aviation-related services or on the basis of different times of use, or on any other differential basis.
4: The regulations may—
a: specify the persons by whom and to whom any fees or charges are payable:
b: prescribe, or provide for the payment of, penal or overtime or additional fees or charges or rates for work or services carried out outside normal working hours or at weekends or on statutory holidays:
c: prescribe additional charges for reimbursement of travelling time, accommodation, and other expenses:
d: require returns to be made by persons by whom any fees or charges are payable, and prescribe conditions relating to the making of such returns:
e: provide for the refund or waiver of any fee or charge in whole or in part, in any specified case or class of cases.
5: The power to prescribe, or provide for the fixing of, fees and charges in respect of any matter under this Act includes the power to prescribe, or provide for the fixing of, fees or charges, or both, in respect of any matter.
6: This section does not limit section 407
7: Neither this section nor section 407 Airports (Cost Recovery for Processing of International Travellers) Act 2014
8: Regulations made under this section are secondary legislation ( see Part 3
9: If the regulations authorise the Minister to fix fees and charges as set out in subsection (2),—
a: a notice given by the Minister is secondary legislation ( see Part 3
b: the notice must contain a statement to that effect. 1990 No 98 s 38 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (8). Legislation Act 2019 requirements for secondary legislation referred to in subsection (8) Publication 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. 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 (9)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (9)(a) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 ss 69 73 74(1)(aa) Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) LA19 s 114 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act.
416: Rebate of fees or charges
1: The person or authority to whom any fees or charges are payable under the regulations may grant a rebate of fees or charges to any person who is liable to pay the fees or charges.
2: Every rebate of fees or charges granted under subsection (1) must—
a: be based on the quantity of services used by the person liable to pay the fees or charges; and
b: be offered on an equal percentage basis to any other person using a similar quantity of services; and
c: be granted in accordance with the regulations. 1990 No 98 s 39
417: Payment of fees and charges
1: Subject to the regulations, every application under this Act must be accompanied by payment of all relevant prescribed fees and charges.
2: The regulations may—
a: prescribe a date by which any fee or charge is payable:
b: authorise the CAA or the Secretary to fix the date by which the fee or charge is payable:
c: provide for a discount for early payment of any fee or charge or a penalty for late payment, or both, on an equal basis to persons liable to pay the fee or charge. 1990 No 98 s 40 Levies
418: Governor-General may impose levies
1: The Governor-General may, by Order in Council, made on the recommendation of the Minister, make regulations imposing on all or any aviation participants a levy—
a: for the purpose of enabling the CAA to carry out its functions under this Act and any other Act:
b: for the purpose of enabling the Secretary to carry out the Secretary’s functions under this Act:
c: for the purpose of enabling the reviewer to carry out their functions under subpart 5
2: The regulations may provide for a levy (whether for the purpose in subsection (1)(a) to (c), or 2 of those purposes, or all) to be payable to the CAA or the Secretary.
3: Without limiting subsection (1), regulations may prescribe—
a: the rate of levy; and
b: to the extent that the regulations do 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; and
e: how levy payments are to be received, handled, and accounted for.
4: The Minister must not make any recommendation under subsection (1) in respect of a levy for the purpose in subsection (1)(a) unless—
a: the CAA has requested that the Minister make the recommendation; and
b: the Minister is satisfied that the CAA has consulted with persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies as the Minister considers appropriate.
5: The Minister must not make any recommendation under subsection (1) in respect of a levy for the purpose in subsection (1)(b) or (c) unless the Minister is satisfied that those persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies as the Minister considers appropriate have been consulted.
6: Regulations made under this section are secondary legislation ( see Part 3 1990 No 98 s 42A 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.
419: Basis on which levies may be imposed
1: Different rates of levies may be imposed or varied under section 418
2: Without limiting subsection (1), the rate of any levy imposed or varied under section 418
a: the quantity of aviation fuel purchased by any person:
b: the number of passengers able to be carried on any aircraft:
c: the number of passengers actually carried on any aircraft:
d: the amount of freight able to be carried on any aircraft:
e: the amount of freight actually carried on any aircraft:
f: the distance flown by any aircraft:
g: aircraft size or capacity:
h: the purpose for which any aircraft or aeronautical product is used or for which an aviation-related service is supplied:
i: any other basis whatever that relates to the use, capacity, or size of—
i: any aircraft; or
ii: any aeronautical product; or
iii: any aviation-related service; or
iv: any privileges exercisable under any aviation document. 1990 No 98 s 42B
420: Other provisions relating to levies
1: A levy imposed under section 418 section 418(1)
2: Regulations made under section 418
a: specify—
i: the persons who are liable to pay the levy ( levy payers
ii: the place at which the levy is payable:
b: either—
i: prescribe a date by which, or the occurrence of an event on or after which, any levy is payable; or
ii: authorise the CAA to fix the date by which the levy is payable:
c: require levy payers—
i: to make returns; and
ii: to maintain records relating to returns of a levy imposed under section 418
d: prescribe conditions relating to levy payers making returns:
e: prescribe conditions for the purpose of auditing records relating to levy returns under section 421
f: provide for the refund or waiver of any levy in whole or in part, in any specified case or class of cases. 1990 No 98 s 42D
421: Director may audit levy returns
1: The Director may audit the records relating to the returns of any levy imposed under section 418
2: The Director may, for the purpose of the audit,—
a: request a levy payer, with reasonable notice, to give access to the levy payer’s records relating to levy returns; and
b: access those records at any reasonable time.
3: The Director must not charge, or recover from, a levy payer any cost incurred or to be incurred by the Director or the Director’s agents in respect of an audit of records relating to levy returns.
422: Offences in relation to levy orders
1: A person who, without reasonable excuse, fails to make a return as required by regulations made under section 418
2: A person who, without reasonable excuse, fails to maintain records as required by regulations made under section 418
3: A person who makes a return required to be made by the person by regulations made under section 418
4: A person who commits an offence against subsection (1) or (2) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of any other person, to a fine not exceeding $25,000.
5: A 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 12 months or to a fine not exceeding $10,000, or both:
b: in the case of any other person, to a fine not exceeding $50,000. Recovery of fees, charges, and levies
423: Recovery of fees, charges, and levies
1: If a fee, charge, or levy is payable under this Act in respect of any function, power, duty, or service performed or exercised by the CAA or the Director in respect of any aircraft, the person whose name appears on the New Zealand Register of Aircraft in respect of that aircraft is liable to pay that fee, charge, or levy.
2: Any person who would otherwise be liable to pay a fee, charge, or levy under subsection (1) is not liable if the person—
a: proves—
i: that during any relevant period of use of the aircraft the person was not entitled, whether alone or together with some other person, to possession of the aircraft; or
ii: that another person was lawfully or unlawfully in possession of the aircraft; and
b: has taken all reasonable steps to supply the CAA with information that would identify another person who, instead of the person on the Register of Aircraft, was lawfully or unlawfully in possession of the aircraft at the time the function, power, duty, or service was performed or exercised in respect of the aircraft. 1990 No 98 s 42
424: Recovery of fee, charge, or levy as debt due to Crown
Any fee, charge, or levy payable under regulations made under this Part is recoverable in any court of competent jurisdiction as a debt due to the Crown. Processing application or providing service may be declined if fee, charge, or levy unpaid
425: Processing application or providing service may be declined if fee, charge, or levy unpaid
1: The CAA, the Director, the Secretary, or other person asked to process an application or provide a service under this Act may decline to process that application or provide that service until—
a: the appropriate fee, charge, or levy has been paid; or
b: arrangements acceptable to the CAA, the Director, the Secretary, or other person for payment of the fee, charge, or levy have been made; or
c: an outstanding debt in relation to any fee, charge, or levy payable under this Act or the regulations has been paid.
2: The CAA, the Director, the Secretary, or other person must not decline to process the application or provide the service under subsection (1) if declining to process the application or provide the service would put the safety of any person at risk. 1990 No 98 ss 41(4) 42D(3) Control of sale of alcohol at international airports
426: Regulations to control sale of alcohol at international airports
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations for either or both of the following purposes:
a: prescribing the circumstances and conditions relating to the control of the sale of alcohol at international airports to passengers on aircraft departing from, or arriving in, New Zealand who are of, or over, the age referred to in section 252(1)
b: prescribing—
i: offences in respect of the breach of, or non-compliance with, any provision of any regulations made under this section; and
ii: fines, not exceeding $1,000, that may, on conviction, be imposed in respect of any offence prescribed by regulations made under this section.
2: Regulations made under this section are secondary legislation ( see Part 3 1990 No 98 s 96(3) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Regulations providing for transitional matters
427: Regulations providing for transitional matters
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
a: providing transitional and savings provisions concerning the coming into force of this Act that may be in addition to, or in place of, the transitional and savings provisions in Schedule 1
b: providing that, subject to such conditions as may be specified in the regulations, during a specified transitional period,—
i: specified provisions of this Act (including definitions) do not apply:
ii: specified terms have the meaning given to them by the regulations:
iii: specified provisions repealed or amended or revoked by this Act continue to apply:
c: providing for any other matters necessary for facilitating or ensuring an orderly transition from the provisions of any enactments replaced by this Act to the provisions of this Act.
2: No regulations made under this section may be made, or continue in force, later than 2 years after the date of commencement of this section.
3: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Incorporation of material by reference in secondary legislation
428: Incorporation by reference in secondary legislation
1: The following, whether in written or electronic form, may be incorporated by reference in secondary legislation made under this Act:
a: any standards, requirements, or recommended practices of international aviation organisations:
b: any standards, requirements, or rules—
i: prescribed under law by any other contracting State of ICAO:
ii: of the Standards Council, or a body or an organisation outside New Zealand that has functions corresponding to the functions of the Standards Council:
iii: of any aviation sport or aviation recreation organisation:
c: any other material or document that, in the opinion of the following person, is too large or impractical to print as part of the secondary legislation:
i: in the case of the Minister making a rule, the Minister; and
ii: in the case of the Director making a rule, the Director; and
iii: in the case of an Order in Council made on the recommendation of the Minister, the Minister.
2: A copy of any material incorporated by reference in secondary legislation, including any amendment to, or replacement of, the material, must be—
a: certified as a correct copy of the material by the Secretary or the Director (as the case may be); and
b: retained by the Director.
3: The Legislation Act 2019 section 64
4: Unless otherwise provided in the secondary legislation,—
a: section 66
b: any amendment (within the meaning of that section) of that material has immediate legal effect as part of the secondary legislation that incorporates it.
5: Clauses 1 4(1)
6: The rest of that Schedule 2
a: in the case of the Minister making a rule, to the Minister; and
b: in the case of the Director making a rule, to the Director; and
c: in the case of an Order in Council made on the recommendation of the Minister, to the Minister.
2: Airworthiness directives
429: Airworthiness directives
1: Without limiting section 32(2)
a: that an unsafe condition exists in any aircraft or aeronautical product; and
b: that the condition is likely to exist or develop in any other aircraft, or aeronautical products, of the same design.
2: The Director must give notice in the Gazette
3: An airworthiness directive comes into force on the date specified in the directive, which may be a date earlier than its notification in the Gazette
a: the Director considers that urgent action is required; and
b: the Director notifies the affected parties before the directive comes into force; and
c: notification of the issuing of the directive is given in the Gazette 1990 No 98 s 72I(3A)–(3C)
3: Transport instruments
430: Regulations or rules may provide for transport instruments
1: A regulation or rule made under this Act may provide for any matter that could be included in that regulation or rule to be dealt with in a transport instrument, but must not do so unless,—
a: in the case of the Governor-General making the regulation or rule, the Minister has advised the Governor-General that the Minister is satisfied that the subject matter is appropriate to be in a transport instrument rather than in the regulation or rule itself; or
b: in the case of the Minister making the rule, the Minister is satisfied that the subject matter is appropriate to be in a transport instrument rather than in the rule itself; or
c: in the case of the Director making the rule, the Director is satisfied that the subject matter is appropriate to be in a transport instrument rather than in the rule itself.
2: A regulation or rule that provides for a transport instrument must specify whether the Secretary or the Director may make the instrument.
3: A regulation or rule that provides for a transport instrument may—
a: provide for a particular transport instrument as amended or replaced from time to time:
b: provide for any transport instrument that may be made for the purposes of that regulation or rule (even if the instrument has not been made at the time the regulation or rule is made):
c: provide for any requirements in relation to the instrument or its creation.
4: A transport instrument provided for in a regulation or rule is part of that regulation or rule.
5: To avoid doubt,—
a: a transport instrument has effect only to the extent that a regulation or rule made under this Act refers to it; and
b: a breach of a transport instrument is a breach of the regulation or rule that provides for the instrument.
6: If a regulation or rule provides for a transport instrument,—
a: a transport instrument made under the regulation or rule is secondary legislation ( see Part 3
b: the regulation or rule must contain a statement to that effect.
7: If, under the Legislation Act 2019
8: A transport instrument to which subsection (6) applies—
a: has effect only in relation to a person on whom it is served under subsection (7); and
b: comes into force in relation to the person immediately after it is served on the person (even though it is not 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 referred to in subsection (6)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)(a) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 ss 69 73 74(1)(aa) Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) LA19 s 114 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act.
431: Specified person may make transport instruments
1: A specified person may make a transport instrument.
2: A specified person must not delegate the power to make, amend, or revoke a transport instrument.
3: In this section and section 432 specified person
a: the Secretary:
b: the Director.
432: Procedures relating to transport instruments
1: The specified person must not make a transport instrument unless satisfied that all persons and organisations that the specified person thinks appropriate have been consulted, having regard to the subject matter of the proposed instrument.
2: Subsection (1) does not apply to a transport instrument that amends another transport instrument if the specified person is satisfied that the amendment is minor or technical.
4: Cape Town Convention and Aircraft Protocol
433: Interpretation in this Part
1: In this Part, unless the context otherwise requires,— Aircraft Protocol
a: which opened for signature at Cape Town on 16 November 2001; and
b: the English text of which is set out in Schedule 8 Cape Town Convention
a: which opened for signature at Cape Town on 16 November 2001; and
b: the English text of which is set out in Schedule 7 Contracting State declaration deregistration request removal request
2: In this Part, any term defined in the Cape Town Convention or the Aircraft Protocol and used in this Part has the same meaning as in the Cape Town Convention or the Aircraft Protocol. 1990 No 98 s 104
434: Cape Town Convention and Aircraft Protocol to have force of law
1: The provisions of the Cape Town Convention and the Aircraft Protocol have the force of law in New Zealand.
2: Despite subsection (1), the operation of the Cape Town Convention and the Aircraft Protocol in New Zealand is subject to any declaration that New Zealand has made under the Convention or Protocol. 1990 No 98 s 105
435: Cape Town Convention and Aircraft Protocol to have effect in place of New Zealand law in certain circumstances
1: The provisions of the Cape Town Convention and the Aircraft Protocol have effect in place of any other New Zealand law to the extent that the Convention or the Protocol applies to a matter to which the other law applies.
2: Despite subsection (1), the operation of the Cape Town Convention and the Aircraft Protocol in New Zealand is subject to any declaration that New Zealand has made under the Convention or Protocol. 1990 No 98 s 106
436: Governor-General may issue copies of declarations
1: If New Zealand makes a declaration under the Cape Town Convention or the Aircraft Protocol, the Governor-General may, by Order in Council, issue a copy of the declaration.
2: An Order in Council made under subsection (1) must state the date on which—
a: New Zealand made the relevant declaration; and
b: the declaration takes or took effect.
3: An Order in Council made under this section is secondary legislation ( see Part 3 1990 No 98 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 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 is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act.
437: Certificates about Contracting States
1: The Secretary of Foreign Affairs and Trade may sign a certificate that states whether, in respect of any specified day or period,—
a: a State is a Contracting State:
b: a declaration made under the Cape Town Convention or the Aircraft Protocol is effective in respect of a Contracting State and, if so, that specifies the contents of that declaration.
2: A certificate signed or otherwise authenticated under subsection (1) is conclusive evidence for all purposes of the matters stated in the certificate. 1990 No 98 s 108
438: Irrevocable deregistration and export request authorisations
1: A debtor must submit an irrevocable deregistration and export request authorisation to the Director if the debtor—
a: is the holder of a certificate of registration for a New Zealand registered aircraft; and
b: issues an irrevocable deregistration and export request authorisation substantially in the form annexed to the Aircraft Protocol.
2: A submission under subsection (1) must be accompanied by the prescribed fee (if any).
3: If the Director receives a submission under subsection (1), the CAA must record the irrevocable deregistration and export request authorisation on the New Zealand Register of Aircraft. 1990 No 98 s 109
439: Deregistration requests
1: An authorised party (or the authorised party’s certified designee) may, in accordance with the relevant irrevocable deregistration and export request authorisation recorded under section 438(3)
2: In a request submitted under subsection (1), the authorised party must certify in writing that—
a: the aircraft is not subject to any registered interest that ranks in priority to the international interest that the authorised party holds in the aircraft; or
b: if the aircraft is subject to a registered interest that ranks in priority to the international interest that the authorised party holds in the aircraft, the holder of the higher-ranking registered interest has consented to the deregistration and exportation of the aircraft.
3: A request under subsection (1) must be accompanied by the prescribed fee (if any).
4: If the Director receives a request under subsection (1) that is accompanied by the applicable statement specified in subsection (2), the Director must revoke the relevant certificate of registration—
a: as soon as practicable; but
b: in any event, within 5 working days of receiving the request.
5: If the Director revokes a certificate of registration under subsection (4), the CAA must remove the registration from the New Zealand Register of Aircraft. 1990 No 98 s 110
440: Removal requests
1: An authorised party (or the authorised party’s certified designee) may, in accordance with the relevant irrevocable deregistration and export request authorisation recorded under section 438(3)
2: A debtor may, in accordance with the relevant irrevocable deregistration and export request authorisation recorded under section 438(3)
a: has obtained the written consent of the authorised party to do so; and
b: provides a copy of the written consent to the Director with the removal request.
3: A removal request under subsection (1) or (2) must be accompanied by the prescribed fee (if any).
4: If the Director receives a removal request under subsection (1) or (2), the Director must cancel the relevant irrevocable deregistration and export request authorisation—
a: as soon as practicable; but
b: in any event, within 5 working days of receiving the request.
5: If the Director cancels an irrevocable deregistration and export request authorisation under subsection (4), the CAA must remove the authorisation from the New Zealand Register of Aircraft. 1990 No 98 s 111
441: Director must prescribe and publish forms for requests
The Director must prescribe and publish, on an Internet site maintained by, or on behalf of, the CAA, the forms that an authorised party (or the authorised party’s certified designee) must use to make a request for the deregistration of an aircraft under section 439 1990 No 98 s 112
442: Director must not exercise certain powers
The Director must not exercise any power that the Director may exercise under this Act in relation to a certificate of registration if the exercise of that power would interfere with, or be contrary to, any right or obligation arising under this Part. 1990 No 98 s 113
5: Review of Director’s decisions
443: Interpretation
In this subpart, unless the context otherwise requires,— applicant
a: a person in respect of whom a decision is made; or
b: the owner, operator, or person for the time being in charge of an aircraft or aeronautical product that is the subject of a decision decision
a: means a decision specified in the regulations that is made by the Director under this Act or a person to whom the Director has delegated functions or powers under this Act; and
b: includes the process by which a decision referred to in paragraph (a) is made final decision section 448 reviewer section 449
444: Relationship between review and appeal under section 453
1: This section applies if an applicant has made an application for a review under section 446 section 453
2: An applicant must not appeal against the decision under section 453
a: unless the applicant withdraws or is deemed to have withdrawn the application for review; or
b: until the Director has notified the applicant of a final decision under section 448
3: The time for bringing an appeal under section 453
a: the day on which an applicant withdraws or is deemed to have withdrawn their application; or
b: the day on which the applicant is notified of a final decision under section 448 Provisions relating to reviews
445: Decision under review
1: An applicant may apply under section 446
2: A decision under review remains in force until the Director makes a final decision under section 447
446: Application for review
1: An application for review must—
a: be made by an applicant in writing; and
b: be made within 20 working days after the date on which the applicant was notified of the decision to which the application relates; and
c: identify the aspects of the decision that the applicant is applying to have reviewed.
2: The reviewer may reject an application for review if satisfied that the application—
a: does not adequately identify the aspects of the decision that the applicant is applying to have reviewed; or
b: is trivial, frivolous, or vexatious; or
c: is otherwise an abuse of process.
3: If the reviewer rejects an application for review, the application is deemed to have been withdrawn.
447: Review procedure
1: The reviewer must, as soon as practicable, review the decision.
2: The reviewer—
a: may draw on the advice and expertise of any person who the reviewer is satisfied is suitably qualified and experienced to assist the reviewer in assessing the decision that is under review; and
b: may regulate the procedure of the review, subject to subsection (4); and
c: may require the applicant, the Director, or any other person to provide evidence to the reviewer regarding any matter at issue with respect to the decision that is under review; and
d: must receive and consider all relevant evidence provided under this section; and
e: must have regard to the purposes of this Act and the Director’s duties under this Act when carrying out the review.
3: The applicant, Director, or other person—
a: must provide evidence requested by the reviewer under subsection (3)(c); and
b: may provide relevant evidence to the reviewer regarding any matter at issue with respect to the decision that is under review; and
c: must participate in the review process either directly or through a nominated representative.
4: A review must be conducted in private between the parties and any persons whom the reviewer has drawn on for advice or expertise or has required to provide evidence.
5: The reviewer must, as soon as practicable, report their recommendations to the applicant and the Director in writing.
448: Final decision
1: The Director must, within 10 working days of receiving the reviewer’s report,—
a: make a final decision on whether to accept any or all of the reviewer’s recommendations; and
b: notify the applicant, in writing, of the final decision and the reasons for the final decision.
2: If the parties agree, the Director may, at any time before the reviewer reports their recommendations to the Director, make a final decision in the applicant’s favour.
3: If the Director makes a final decision under subsection (2),—
a: the Director must notify the applicant, in writing, of a final decision made under subsection (2) and the reasons for the final decision; and
b: the applicant is deemed to have withdrawn the application on the day the applicant receives the notification under paragraph (a). General provisions
449: Appointment of reviewer
1: The Minister must—
a: appoint 1 or more reviewers for a period of no longer than 3 years; and
b: consult the Director, and other parties as the Minister thinks fit, before making an appointment; and
c: take into account any representations made under paragraph (b).
2: The Minister may renew an appointment made under subsection (1) for 1 or more periods, each of which must not exceed 3 years.
3: If the Minister renews an appointment, the Minister must—
a: consult the Director, and other parties as the Minister thinks fit, before making the renewal; and
b: take into account any representations made under paragraph (a).
4: The Minister may—
a: appoint an interim reviewer for a period of no longer than 6 months; and
b: renew an appointment under paragraph (a) for 1 or more periods, each of which may not exceed 6 months.
450: Office of reviewer
1: A reviewer must—
a: have the necessary experience and expertise to perform the functions of a reviewer under this subpart; and
b: be able to represent the public interest in aviation safety.
2: A reviewer continues in office despite the expiry of the person’s term until a successor is appointed, the reviewer’s appointment is renewed, or the Minister advises that the reviewer is not to be replaced.
3: Subsection (2) does not apply to an interim reviewer appointed under section 449(4)
451: Cancellation of appointment or resignation
1: The Minister may cancel a person’s appointment under section 449
2: Before cancelling an appointment, the Minister must—
a: give the person written notice of the matters that constitute grounds for cancellation; and
b: give the person a reasonable opportunity to make representations that explain why the person’s appointment should not be cancelled; and
c: take into account any representations made under paragraph (b).
3: If the Minister cancels an appointment, the Minister must give the person written notice of the cancellation that sets out the grounds for the cancellation.
4: A reviewer may resign at any time by notice in writing addressed to the Minister.
452: Reviewer’s protection from liability
A reviewer is not subject to any civil or criminal liability for doing any act in good faith in the course of performing their functions under this Act.
6: Rights of appeal
453: Appeal to District Court
1: A person may appeal to the District Court against a specified decision made under this Act by the Director, an inspector, or the Secretary if another section of this Act gives the person a right of appeal under this section and—
a: the person—
i: is a person in respect of whom the decision was made; and
ii: is dissatisfied with the decision; or
b: the person is the owner, operator, or person for the time being in charge of the aircraft or aeronautical product that is the subject of the decision.
2: The court may confirm, reverse, or modify the decision appealed against.
3: In this section, a specified decision
a: to decline to register an aircraft under section 37
b: concerning the grant, issue, revocation, or suspension of an aviation document:
c: to impose conditions on an aviation document:
d: to issue an improvement notice under section 298
e: to issue a non-disturbance notice under section 302
f: to exercise powers under section 313 section 314
g: concerning the issue of a medical certificate under Schedule 2
h: to impose or amend conditions, restrictions, or endorsements on a medical certificate under clause 15(a)
i: to disqualify a licence holder under clause 15(c) of Schedule 2
j: to revoke a medical certificate under clause 15(d) 16
k: concerning the implementation of the results of a report by the convener under clause 4 21
l: to amend a New Zealand AOC with ANZA privileges or withdraw those privileges under section 93(3)
m: to suspend or cancel an airport operator’s registration under section 225 1990 No 98 s 66(1), (2), (5)
454: Consequences of appeal to District Court
If an appeal to the District Court is lodged under section 453
a: every decision of the Director appealed against continues in force; and
b: no person is excused from complying with any of the provisions of this Act on the ground that an appeal is pending. 1990 No 98 s 66(3)
455: Further action of Director after appeal determined
1: Even though an appeal under section 453
a: aviation document to which the appeal related; or
b: person to whom the appeal related; or
c: aviation document or approval granted or restored in compliance with the decision of the District Court on the appeal.
2: Any action taken by the Director under subsection (1) is subject to the like right of appeal as the decision originally appealed against. 1990 No 98 s 66(4)
456: Appeal to High Court on question of law
1: A party to an appeal under section 453
2: The High Court Rules 2016 sections 126 to 130 section 124 1990 No 98 s 69
457: Further appeal to Court of Appeal
1: A party to an appeal on a question of law under section 456
a: with the leave of the High Court; or
b: if the High Court refuses leave, with special leave of the Court of Appeal.
2: On any appeal under subsection (1), the Court of Appeal may make an order or a determination as it thinks fit.
3: The decision of the Court of Appeal is final—
a: on an appeal under this section; or
b: on an application for special leave to appeal to the court.
4: Subject to this section, the procedure in respect of any appeal under this section must be in accordance with the rules of court. 1990 No 98 s 70
7: Other miscellaneous provisions
Delegations
458: Delegation of certain functions of Minister to CAA
1: The Minister may delegate to the CAA the whole or any part of the Minister’s function of administering New Zealand’s participation in the Convention and any other international aviation convention, agreement, or understanding to which New Zealand is a party.
2: A delegation under this section must be in writing.
3: A delegation under this section must not include the power to delegate under this section.
4: Despite subsection (1), the Minister must not delegate the Minister’s power to make rules under this Act.
5: The power of the Minister to delegate under this section—
a: is subject to any prohibitions, restrictions, or conditions contained in any other Act in relation to the delegation of the Minister’s functions or powers; but
b: does not limit any power of delegation conferred on the Minister by any other Act.
6: Despite any delegation made under this section, nothing—
a: affects or prevents the Minister’s performance of any function or the exercise of any power that the Minister has delegated; and
b: affects the responsibility of the Minister for the actions of any person acting under the delegation. 1990 No 98 ss 22(1)–(4), (7) 28(9)
459: Further provisions regarding delegation of Minister’s functions or powers to CAA
1: The CAA may perform any functions or exercise the powers delegated to the CAA under section 458
a: in the same manner and with the same effect as if they had been conferred on the CAA directly by this section and not by delegation; and
b: subject to any directions given or conditions imposed by the Minister.
2: If the CAA purports to act under any delegation under section 458
3: The CAA must not delegate any functions or powers delegated to the CAA by the Minister without the written consent of the Minister. 1990 No 98 s 22(5), (6), (8)
460: Delegation of Director’s functions or powers to employees of CAA
1: The Director may delegate to any employee of the CAA any of—
a: the Director’s functions and powers under this or any other Act; or
b: the functions or powers delegated to the Director under this Act.
2: A delegation under this section must be in writing.
3: Despite subsection (1), the Director must not delegate the power under section 98
4: Subsection (1) is subject to any other provision of this Act that provides that the Director must not delegate a particular function or power.
5: The Director must not delegate any functions or powers delegated to the Director by the Minister without the written consent of the Minister. 1990 No 98 s 23A(1), (2), (4), (6)
461: Further provisions regarding delegation of Director’s functions or powers to employees of CAA
1: A delegation under section 460
a: to a specified employee of the CAA; or
b: to CAA employees of a specified class; or
c: to the holder or holders for the time being of a specified office of the CAA; or
d: to the holder or holders for the time being of a specified class of offices of the CAA.
2: A delegation under section 460
3: For the purposes of this section and section 460 sections 73(4) 74 to 76 1990 No 98 s 23A(5), (7), (8)
462: Delegation of Director’s functions or powers to persons outside CAA
1: The Director may delegate to any person who is not an employee of the CAA any of the Director’s functions and powers under this Act.
2: The Director must not delegate under subsection (1)—
a: the power under section 98
b: the power under section 102
c: the power under section 373
3: Subsection (1) is subject to any other provision of this Act that provides that the Director must not delegate a particular function or power.
4: A function or power that may be delegated under subsection (1) to a person in New Zealand who is not an employee of the CAA may be delegated under that subsection to an officer of CASA for the purpose of enabling that officer to perform the function or exercise the power in Australia in respect of New Zealand AOCs with ANZA privileges.
5: A delegation under this section must be in writing.
6: A delegation must not be made under this section without the written consent of the Minister.
7: In any case where the Director has delegated any functions or powers to any person under this section, the person may, with the prior approval in writing of the Minister, delegate to any other person any of those functions or powers as are so approved. 1990 No 98 s 23B(2)–(5)
463: Further provisions regarding delegation of Director’s functions or powers to persons outside CAA
1: A delegation under section 462
a: to a specified person; or
b: to persons of a specified class; or
c: to the holder or holders for the time being of a specified office; or
d: to the holder or holders for the time being of a specified class of office.
2: A delegation under section 462
3: A person purporting to act under any delegation under section 462
4: A person who performs or exercises any function or power under a delegation made under section 462 section 73
5: For the purposes of this section and section 462 sections 73(4) 74 to 76 1990 No 98 s 23B(6)–(12)
464: Restrictions on delegations in relation to AvSec
Despite sections 460 to 463 section 73
a: neither the CAA nor the Director may delegate any function or power that does not relate to the functions or powers of AvSec to any person in AvSec without the prior written approval of the Minister:
b: neither the CAA nor the Director may delegate any function or power in relation to AvSec to any person outside AvSec without the prior written approval of the Minister. 1990 No 98 s 23C Disclosure or publication of information by CAA
465: Disclosure or publication of information
1: This section applies if the CAA obtains information or gains access to a document in performing or exercising any function, duty, or power under civil aviation legislation.
2: The CAA may publish or disclose, or direct any person to publish or disclose, any information or document to which this section applies only if—
a: the publication or disclosure of the information or document is for the purpose of promoting any of the main or additional purposes of this Act, and the CAA or the person ensures that the information does not identify, and could not reasonably be expected to identify, any particular person; or
b: the information or document is available to the public under any legislation or is otherwise publicly available; or
c: the information is in a statistical or summary form; or
d: the publication or disclosure of the information or document is—
i: for the purposes of, or in connection with, the performance or exercise of any function, duty, or power conferred or imposed on the CAA or the Director under this Act or any other Act (including the Official Information Act 1982
ii: to—
A: a designated agency or an overseas agency in accordance with section 466
B: TAIC in accordance with section 50
iii: to a person who the CAA is satisfied has a proper interest in receiving the information or document; or
iv: with the consent of the person to whom the information or document relates or the person to whom the information or document is confidential; or
v: required or authorised by law or an order of a court; or
vi: required to meet New Zealand’s obligations in relation to reporting of an accident involving aircraft, or a serious incident in accordance with the provisions of the Convention.
3: The CAA must not publish or disclose, or direct a person to publish or disclose, any information or document under subsection (2)(d)(iii) unless the CAA is satisfied that appropriate protections are or will be in place for the purpose of maintaining the confidentiality of the information or document (in particular, information that is personal information within the meaning of the Privacy Act 2020
4: In relation to personal information within the meaning of the Privacy Act 2020
a: for the purposes of section 24
b: this section does not otherwise limit the Privacy Act 2020 Information sharing by CAA
466: Sharing of information between CAA, designated agencies, and overseas agencies
1: The CAA may, subject to any legislation, provide a designated agency or an overseas agency with any information, or a copy of any document, that it—
a: holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to civil aviation legislation; and
b: considers may assist, as the case may be,—
i: the designated agency in the performance or exercise of the designated agency’s functions, duties, or powers under or in relation to any legislation; or
ii: the overseas agency in the performance or exercise of the overseas agency’s functions, powers, or duties under foreign law.
2: The CAA may use any information, or a copy of any document, provided to it by a designated agency under any legislation, or by an overseas agency, in the CAA’s performance or exercise of its functions, powers, or duties under civil aviation legislation.
3: The CAA (when providing information or a document under subsection (1)) or a designated agency (when providing information or a document as referred to in subsection (2)) may impose conditions that it thinks fit relating to the provision of the information or document, including conditions relating to—
a: the storage and use of, or access to, anything provided:
b: the copying, returning, or disposing of copies of any documents provided.
4: This section applies despite anything to the contrary in any contract, deed, or document.
5: In this section,— designated agency
a: the New Zealand Police:
b: the New Zealand Transport Agency:
c: the New Zealand Customs Service:
d: the Ministry for Primary Industries:
e: the Ministry of Foreign Affairs and Trade:
f: the Ministry of Business, Innovation, and Employment, including any statutory officer who carries out work for that ministry:
g: the Ministry of Health:
h: the Ministry of Transport:
i: Maritime New Zealand:
j: the EPA:
k: a local authority:
l: Fire and Emergency New Zealand:
m: a designated agency under the Health and Safety at Work Act 2015:
n: a medical examiner appointed under this Act:
o: a medical officer of health:
p: WorkSafe New Zealand:
q: any other agency specified as a designated agency for the purpose of this section by the regulations EPA section 7 local authority section 5(1) medical officer of health
a: has the same meaning as in section 2(1)
b: includes the officers referred to in section 22 overseas agency
8: Consequential and other amendments, repeals, and revocations
Amendments to Airport Authorities Act 1966
467: Principal Act
Sections 468 to 473 Airport Authorities Act 1966 2025-04-05 Airport Authorities Act 1966 if not earlier brought into force by OIC
468: New section 2AB inserted (Transitional, savings, and related provisions)
After section 2A
2AB: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
469: Section 3 amended (Airport authorities may establish and carry on airports)
Replace subsection (4) with:
4: Despite subsections (1) and (3), no Order in Council may be made under this section on or after the date on which section 487
470: Section 9 amended (Bylaws)
1: Replace section 9(1)(e)
e: regulating (other than on a road as defined in section 2(1) of the Land Transport Act 1998) traffic, whether pedestrian or vehicular, and the provision and use of parking places for vehicles at the airport:
2: After section 9(7)
7A: For the purpose of a bylaw to which subsection (7) applies, the definition of enforcement authority in section 2(1) of the Land Transport Act 1998 and sections 22AD(1A), 139(7), and 141(8) of that Act (as they were immediately before the date on which section 487 2023 section 486
471: Section 10 amended (Repeals and savings)
In section 10(1) the Schedule Schedule 2
472: New Schedule 1 inserted
Insert the Schedule 1 set out in Schedule 10
473: Schedule amended
In the Schedule Schedule Schedule 2 Amendments to Aviation Crimes Act 1972
474: Principal Act
Sections 475 476 Aviation Crimes Act 1972 2025-04-05 Aviation Crimes Act 1972 unless brought into force earlier by OIC
475: Section 2 amended (Interpretation)
In section 2(1) landside security area
476: Section 11 amended (Taking firearms, explosives, etc, on to aircraft or into sterile area or security enhanced area)
1: In the heading to section 11 sterile area landside security area, sterile area,
2: In section 11(1A) sterile area landside security area, a sterile area,
3: In section 11(1B)(b) sterile area landside security area, a sterile area, Amendments to Maritime Transport Act 1994
477: Principal Act
Sections 478 479 Maritime Transport Act 1994 2025-04-05 Maritime Transport Act 1994 unless brought into force earlier by OIC
478: New sections 199 and 199A inserted
After the cross-heading above section 200
199: Search and rescue operations
1: The Minister—
a: must establish, maintain, and operate a search and rescue co-ordination centre to co-ordinate and conduct—
i: an aviation search and rescue operation; and
ii: a maritime search and rescue operation; and
iii: any other search and rescue operation that the Minister considers appropriate; and
b: may exercise any powers that may be necessary or desirable—
i: for the effective co-ordination and performance of a search and rescue operation specified in paragraph (a); and
ii: to implement any international convention or agreement relating to search and rescue to which New Zealand is a party; and
c: may appoint persons to, either generally or in any particular case, participate in or co-ordinate a search and rescue operation specified in paragraph (a).
2: The Minister may authorise the payment, out of money appropriated for the purpose by Parliament, of an amount that the Minister considers appropriate to—
a: any person who assisted in a search and rescue operation specified in subsection (1)(a) at the request of a person appointed under subsection (1)(c); or
b: the owner of any vehicle, ship, or aircraft used in a search and rescue operation specified in subsection (1)(a) in response to a request by a person appointed under subsection (1)(c). 1990 No 98 s 14B
199A: Minister may direct agencies with respect to search and rescue operations
The Minister may direct the Civil Aviation Authority or Maritime New Zealand, or any other Crown entity or government agency for which the Minister is responsible and whose functions are consistent with search and rescue operations, to do any or all of the following:
a: operate and maintain the search and rescue co-ordination centre established under section 199(1)(a)
b: co-ordinate, or participate in the co-ordination of, any search and rescue operation specified in section 199(1)(a)
c: perform, or participate in the performance of, any search and rescue operation specified in section 199(1)(a)
d: exercise any or all of the powers of the Minister under section 199(1)(b) and (c) and (2) 1990 No 98 s 14C
479: Section 431 amended (Functions of Authority)
Replace section 431(3)
3: The Authority must, if directed by the Minister under section 199A
a: maintain and operate the search and rescue co-ordination centre established under section 199(1)(a)
b: co-ordinate, or participate in the co-ordination of, any search and rescue operation specified in section 199(1)(a)
c: perform, or participate in the performance of, any search and rescue operation specified in section 199(1)(a)
d: exercise any or all of the powers of the Minister under section 199(1)(b) and (c) and (2) Amendment to Transport Accident Investigation Commission Act 1990
480: Principal Act
Section 481 Transport Accident Investigation Commission Act 1990 2025-04-05 Transport Accident Investigation Commission Act 1990 unless brought into force earlier by OIC
481: Section 14A amended (Interpretation)
In section 14A cockpit video recorder
a: a cockpit video recorder that is required to be installed in any aircraft (whether or not it is required to be installed in that aircraft) for the purpose of complementing an accident or incident investigation; or
b: any other video recording device approved for installation under rules made under the Civil Aviation Act 2023 and installed for the purpose of complementing an accident or incident investigation cockpit video recording cockpit voice recorder
a: a cockpit voice recorder that is required to be installed in any aircraft (whether or not it is required to be installed in that aircraft) for the purpose of complementing an accident or incident investigation; or
b: any other voice recording device approved for installation under rules made under the Civil Aviation Act 2023 and installed for the purpose of complementing an accident or incident investigation cockpit voice recording Amendments to Public Works Act 1981
482: Principal Act
Section 483 Public Works Act 1981 2025-04-05 Public Works Act 1981 unless brought into force earlier by OIC
483: Section 2 amended (Interpretation)
1: In section 2 aerodrome
2: In section 2 airport authority
3: In section 2 local authority Amendment to Legislation (Publication) Regulations 2021
484: Principal regulations
Section 485 Legislation (Publication) Regulations 2021 2025-04-05 Legislation (Publication) Regulations 2021 24 months after date of assent if not brought into force earlier by OiC (see 2 (2(2))
485: Schedule 3 amended
In Schedule 3, Part 2 Epidemic Preparedness Act 2006 The following table is small in size and has 2 columns. This table is an amendment to the table in Schedule 3 of the Legislation (Publication) Regulations 2021 and should be read with that table to provide understanding of the context. Civil Aviation Act 2023 ss 52, 63, 64, 67, 70, 152, 154, 322(1)(b) Publication not required if publication is inappropriate for reasons of security s 430 (where transport instrument provided for by rule made under s 52, 63, or 70) Consequential amendments
486: Consequential amendments
Amend the legislation specified in Schedule 9 2025-04-05 Admiralty Act 1973 Airport Authorities Act 1966 Airports (Cost Recovery for Processing of International Travellers) Act 2014 Animal Welfare Act 1999 Antarctic Marine Living Resources Act 1981 Antarctica Act 1960 Antarctica (Environmental Protection) Act 1994 Auckland Airport Act 1987 Aviation Crimes Act 1972 Biosecurity Act 1993 Births, Deaths, Marriages, and Relationships Registration Act 1995 Births, Deaths, Marriages, and Relationships Registration Act 2021 Brokering (Weapons and Related Items) Controls Act 2018 Civil Defence Emergency Management Act 2002 Commerce Act 1986 Companies Act 1993 Conservation Act 1987 Coroners Act 2006 Corporations (Investigation and Management) Act 1989 Crimes Act 1961 Crown Proceedings Act 1950 Customs and Excise Act 2018 Disputes Tribunal Act 1988 Dog Control Act 1996 Fire and Emergency New Zealand Act 2017 Forests Act 1949 Geneva Conventions Act 1958 Goods and Services Tax Act 1985 Hazardous Substances and New Organisms Act 1996 Health Act 1956 Health and Safety at Work Act 2015 Immigration Act 2009 Income Tax Act 2007 Insolvency Act 2006 Land Transport Act 1998 Legislation Act 2019 Litter Act 1979 Local Government Act 2002 Local Government Official Information and Meetings Act 1987 Local Government (Rating) Act 2002 Marine and Coastal Area (Takutai Moana) Act 2011 Marine Mammals Protection Act 1978 Maritime Security Act 2004 Maritime Transport Act 1994 Mercenary Activities (Prohibition) Act 2004 National Parks Act 1980 Ngāti Awa Claims Settlement Act 2005 Ngāti Hauā Claims Settlement Act 2014 Official Information Act 1982 Ombudsmen Act 1975 Outer Space and High-altitude Activities Act 2017 Personal Property Securities Act 1999 Property Law Act 2007 Public Audit Act 2001 Receiverships Act 1993 Reserves Act 1977 Reserves and Other Lands Disposal Act 1973 Resource Management Act 1991 Russia Sanctions Act 2022 Sale and Supply of Alcohol Act 2012 Search and Surveillance Act 2012 Smokefree Environments and Regulated Products Act 1990 Summary Proceedings Act 1957 Te Urewera Act 2014 Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 Terrorism Suppression Act 2002 Transport Accident Investigation Commission Act 1990 Wellington Airport Act 1990 Wild Animal Control Act 1977 Biosecurity (Border Processing Levy) Order 2015 Civil Aviation Charges Regulations (No 2) 1991 Civil Aviation (Safety and Security) Levies Order 2002 Customs and Excise (Border Processing Levy) Order 2015 Electricity (Safety) Regulations 2010 Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Regulations 2013 Health and Safety at Work (Hazardous Substances) Regulations 2017 Lake Taupō (Crown Facilities, Permits, and Fees) Regulations 2004 Land Transport (Driver Licensing) Rule 1999 Marine Mammals Protection Regulations 1992 Outer Space and High-altitude Activities (Licences and Permits) Regulations 2017 Ozone Layer Protection Regulations 1996 Personal Property Securities Regulations 2001 Resource Management (Approval of Queenstown Airport Corporation Limited as Requiring Authority) Order 1992 Resource Management (Approval of Waikato Regional Airport Limited as Requiring Authority) Order 1992 Resource Management (Approval of Wellington International Airport Limited as Requiring Authority) Order 1992 Summary Proceedings (Orders of Reparation) Order 2011 United Nations (Iran—Joint Comprehensive Plan of Action) Regulations 2016 United Nations Sanctions (Central African Republic) Regulations 2014 United Nations Sanctions (Democratic People’s Republic of Korea) Regulations 2017 United Nations Sanctions (Democratic Republic of the Congo) Regulations 2004 United Nations Sanctions (Iraq) Regulations 1991 United Nations Sanctions (ISIL (Da’esh), Al-Qaida, and Taliban) Regulations 2007 United Nations Sanctions (Lebanon) Regulations 2008 United Nations Sanctions (Libya) Regulations 2018 United Nations Sanctions (Somalia) Regulations 2018 United Nations Sanctions (South Sudan) Regulations 2015 United Nations Sanctions (Sudan) Regulations 2004 United Nations Sanctions (Yemen) Regulations 2014 if not brought into force earlier by OiC (see 2 (2(2)) Repeals
487: Repeal of Civil Aviation Act 1990
The Civil Aviation Act 1990 2025-04-05 Civil Aviation Act 1990 Can be brought into force on earlier date by OiC (see s 2(2)). Note that this date affects when sections 488 and 489(1)(f) & (3) come into force
488: Repeal of Airport Authorities Act 1966
The Airport Authorities Act 1966 section 487 2030-04-05 Airport Authorities Act 1966 See section 487 and schedule 1 clause 44 Revocations
489: Revocations
1: The following notices are revoked:
a: Direction to Require Screening Notice 2007
b: Civil Aviation (Direction to Require Screening and Searching) Notice 2018
c: Notice of Direction to Require Screening ( Gazette 2016-au6778
d: Direction to Require Screening Notice 2007 Gazette
e: Notice of Direction to Require Screening and Reasonable Searches Gazette
f: any other notice made under section 77A 77B section 487
g: Provision of Aviation Security Services Pursuant to section 79A of the Civil Aviation Act 1990 Gazette
2: The Civil Aviation (Offences) Regulations 2006
3: Any ordinary rule made under the Civil Aviation Act 1990 section 487
4: The following orders are revoked:
a: Civil Aviation (Montreal Convention) Order 2010
b: Civil Aviation (Montreal Convention) Order 2020 2025-04-05 Direction to Require Screening Notice 2007 Civil Aviation (Direction to Require Screening and Searching) Notice 2018 Civil Aviation (Offences) Regulations 2006 Civil Aviation (Montreal Convention) Order 2010 Civil Aviation (Montreal Convention) Order 2020 Can be brought into force on earlier date by OiC (see s 2(2)). Second amends note may be required if section 487 is brought into force on a different date to this section |
LMS715990 | 2023 | Family Court (Family Court Associates) Legislation Act 2023 | 1: Title
This Act is the Family Court (Family Court Associates) Legislation Act 2023.
2: Commencement
1: The following provisions come into force on the day after the date on which this Act receives the Royal assent:
a: section 4 new sections 7A, 7B, 7E, 7F, 7G, 7I, and 7J of the Family Court Act 1980
b: subpart 12
2: The rest of this Act comes into force 4 months after the date on which it receives the Royal assent.
1: Amendments to Family Court Act 1980
3: Principal Act
This Part amends the Family Court Act 1980 2023-06-07 Family Court Act 1980 Section 4, to the extent it relates to new sections 7A, 7B, 7E, 7F, 7G, 7I, and 7J of the Family Court Act 1980. See section 2(1)(a). 2023-10-06 Family Court Act 1980 This part, other than new sections 7A, 7B, 7E, 7F, 7G, 7I, and 7J of the Family Court Act 1980, comes into force 4 months after royal assent. See section 2.
4: New sections 7A to 7K inserted
After section 7
7A: Appointment of Family Court Associates
1: The Governor-General may, on the recommendation of the Attorney-General, appoint 1 or more Family Court Associates.
2: The Governor-General appoints a Family Court Associate by a signed warrant of appointment.
3: A Family Court Associate may be appointed on a part-time or full-time basis.
4: A person may be appointed a Family Court Associate if the person—
a: has, for at least 7 years, held a New Zealand practising certificate as a barrister or as a barrister and solicitor; and
b: is, by reason of their training, experience, and personality a suitable person to hold the office of Family Court Associate.
7B: Term of appointment of Family Court Associates
A Family Court Associate is appointed for a term of not more than 7 years and may be reappointed for 1 or more further terms.
7C: Jurisdiction and powers of Family Court Associates
A Family Court Associate has the jurisdiction and powers specified in Schedule 2
7D: Transfer of proceeding to Family Court Judge
1: A Family Court Associate may, on the application of a party to a proceeding before the Family Court Associate or on the Family Court Associate’s own initiative, refer the proceeding or a matter in the proceeding to a Family Court Judge if the Family Court Associate is satisfied that because of the complexity of the proceeding or matter it is desirable to do so.
2: A Family Court Judge may, on the application of a party to a proceeding that is being, or is to be, dealt with by a Family Court Associate, order that the proceeding or a matter in the proceeding be transferred to and dealt with by a Family Court Judge if the Judge making the order is satisfied that it is desirable to do so.
3: A Family Court Judge to whom a proceeding or matter has been referred to under subsection (1) or (2)
a: dispose of the proceeding; or
b: refer the proceeding or matter back to the Family Court Associate with any directions the Family Court Judge thinks fit.
7E: Remuneration of Family Court Associates
1: A Family Court Associate must be paid, out of public money and without further appropriation than this section,—
a: a salary, a fee, or an allowance at the rate determined by the Remuneration Authority; and
b: any additional allowances, (including travelling allowances and expenses) in accordance with the Fees and Travelling Allowances Act 1951.
2: Expenses may be incurred, without further appropriation than this section, to meet the salaries, fees, or allowances determined under subsection (1)(a)
3: For the purposes of subsection (1)(b)
7F: Remuneration of Family Court Associates must not be reduced
The remuneration payable to a Family Court Associate must not be reduced while the Family Court Associate holds office.
7G: Restrictions on Family Court Associates
A Family Court Associate must not—
a: hold any office or engage in any employment or occupation that will, in the opinion of the Governor-General, impair the proper discharge of the functions of a Family Court Associate; or
b: practise as a lawyer; or
c: be employed by the Ministry of Justice or the Department of Corrections.
7H: Immunity for Family Court Associates
A Family Court Associate has the same immunities as a Family Court Judge.
7I: Resignation of Family Court Associates
A Family Court Associate may at any time resign by written notice to the Attorney-General.
7J: Removal of Family Court Associates
1: The Governor-General may, on the advice of the Attorney-General, remove a Family Court Associate from office for inability or misbehaviour.
2: Subsection (1)
a: a Judicial Conduct Panel has reported to the Attorney-General that it is of the opinion that consideration of the removal of the Family Court Associate is justified; or
b: the Family Court Associate has been convicted of a criminal offence punishable by imprisonment for 2 or more years and the Attorney-General takes steps independently of that Act to initiate the removal of the Family Court Associate.
7K: Report relating to Family Court Associates
1: The Ministry of Justice must—
a: review whether the appointment of Family Court Associates has reduced delays in the Family Court; and
b: consider whether any amendments to this Act or any other enactments are necessary or desirable in relation to—
i: the appointment of Family Court Associates; and
ii: the functions, duties, and powers of Family Court Associates; and
c: report to the Minister of Justice on the outcome of—
i: the review under paragraph (a)
ii: the consideration under paragraph (b)
2: The review under subsection (1)(a)
5: Section 15A amended (Application of Contempt of Court Act 2019)
After section 15A(2)(b)
c: references to a judicial officer in sections 10, 11(2), and 25(2) include a Family Court Associate.
6: Section 17 amended (Certain enactments amended)
In section 17 the Schedule Schedule 1
7: New Schedule 2 inserted
After the Schedule Schedule 2 Schedule
2: Amendments to other legislation
1: Amendments to Adoption Act 1955
8: Principal Act
This subpart amends the Adoption Act 1955 2023-10-06 Adoption Act 1955 See section 2
9: Section 7 amended (Consents to adoption)
In section 7(8)(a) District Court Judge, a Family Court Judge, a Family Court Associate,
10: Section 8 amended (Cases where consent may be dispensed with)
1: In section 8(5A) District Court or Family Court
2: After section 8(8)
9: In subsections (1) to (5), the jurisdiction of the Family Court may be exercised by a Family Court Judge or Family Court Associate.
11: Section 23 amended (Inspection of adoption records)
In section 23(3)(b) the Family Court a Family Court Associate, a Family Court Judge
12: Section 23A amended (Report on application for inspection)
After section 23A(2)
3: In subsection (1), the jurisdiction of the Family Court may be exercised by a Family Court Judge or Family Court Associate.
2: Amendments to Care of Children Act 2004
13: Principal Act
This subpart amends the Care of Children Act 2004 2023-10-06 Care of Children Act 2004 See section 2
14: Section 46E amended (Family dispute resolution mandatory before commencement of proceedings)
Replace section 46E(6)
6: A Registrar who is unsure, under subsection (5), whether to refuse to accept an application for filing may refer the application and accompanying affidavit to a Family Court Associate or Family Court Judge, and the Family Court Associate or Judge must determine whether the affidavit provides sufficient evidence of either of the matters set out in subsection (4)(f).
15: Section 46F amended (Family dispute resolution after proceedings commenced)
1: In section 46F(2) Family Court Judge Family Court Associate or
2: In section 46F(3) Judge Family Court Associate or
16: Section 46G amended (Counselling after proceedings commenced)
Replace section 46G(2), (3), and (4)
2: A Family Court Judge may direct the Registrar of the court to refer the parties to the application to counselling services, or a Family Court Associate may refer the parties to the application to counselling services, for either or both of the following purposes:
a: to improve the relationship between the parties:
b: to encourage compliance with any direction or order made by the court.
3: A direction or referral under subsection (2)
4: A direction or referral under subsection (2)
a: at any stage of the proceedings, including by the Family Court Judge when making a final order; but
b: once only.
17: Section 46O replaced (Judge may direct party to undertake parenting information programme)
Replace section 46O
46O: Party may be directed to undertake parenting information programme
1: At any time after an application has been made to the court for a parenting order under section 48, a Family Court Associate or Family Court Judge may direct 1 or more parties to the application to attend a parenting information programme.
2: However, a direction may not be made under subsection (1)
18: Section 46P amended (Purpose of settlement conferences)
In section 46P Family Court Judge Family Court Associate or
19: Section 46Q amended (Settlement conferences)
1: Replace section 46Q(1)
1: At any time before the hearing of a proceeding,—
a: a Family Court Associate may convene a settlement conference; or
b: a Family Court Judge or Family Court Associate may direct the Registrar of the court to convene a settlement conference.
2: In section 46Q(3) and (4) Family Court Judge Family Court Associate or
20: Section 47 amended (Who may apply for parenting order)
In section 47(1)(d) and (e) the court a Family Court Associate or Family Court Judge
21: Section 49A amended (Interim parenting order where parent does not have day-to-day care for, or contact with, child)
1: In section 49A(3) the court a Family Court Associate or Family Court Judge
2: In section 49A(4) the court a Family Court Judge
22: Section 59 replaced (Court may order supervised contact)
Replace section 59
59: Order for supervised contact
1: Subsection (2)
a: is making or varying a parenting order (whether interim or final) determining the time or times when a person may have contact with a child; and
b: is not satisfied that the child will be safe with that person.
2: The Family Court Judge may make an order for supervised contact between the child and that person, and, if the Judge does so, the Judge must specify in the order whether the supervised contact is to occur—
a: under the supervision of an approved provider; or
b: in the immediate presence of a person approved by the Judge (for example, a relative, a friend of the family of the child, or any other person whom the Judge considers suitable).
3: Subsection (4)
a: an interim parenting order has been made; and
b: the parents of the child in respect of whom the interim order is made are parties to the order; and
c: under the interim parenting order one of the parents ( A
d: the other parent ( B
4: A Family Court Associate may vary the interim parenting order to provide that A have contact with the child under the supervision of an approved provider—
a: on an application made by A and B jointly; or
b: on an application made by the lawyer appointed to represent the child that is undefended.
23: Section 77 amended (Preventing removal of child from New Zealand)
Replace section 77(1)
1: In this section and sections 76 and 77A, authority
24: Section 77A amended (Orders under section 77(3)(c) in respect of children of or over 16 years)
In section 77A(2) court authority
25: Section 77B amended (Orders under section 77(3)(c) may be suspended for specified period)
In section 77B(1) or a Family Court Judge a Family Court Judge, or a Family Court Associate
26: Section 117 amended (Preventing concealment of whereabouts of child)
In section 117(3) Registrar Family Court Associate or
27: Section 118 amended (Preventing removal of child to defeat application)
In section 118(4) Registrar Family Court Associate or
28: Section 132 amended (Reports from chief executive or social worker)
In section 132(1) the court a Family Court Associate or Family Court Judge
29: Section 134 amended (Distribution, etc, of reports under sections 132 and 133)
1: In section 134(2), (4), and (5) the court a Family Court Judge or Family Court Associate
2: In section 134(3) the court is satisfied a Family Court Judge or Family Court Associate is satisfied
3: In section 134(3) the court may the Judge or Family Court Associate may
4: Replace section 134(7)
7: A Judge or Family Court Associate may, if the Judge or Family Court Associate thinks fit, call as a witness the person who made or prepared the report.
30: Section 137 amended (Attendance at hearings generally)
1: In section 137(1)(h) Judge or a Family Court Associate
2: In section 137(2) Judge or Family Court Associate
3: In section 137(4)(e) Judge or a Family Court Associate
31: Section 139A amended (Leave required in certain cases to commence substantially similar proceedings)
1: In section 139A(1) the court a Family Court Associate or Family Court Judge
2: In section 139A(2) The leave of the court Leave
32: Section 141 amended (Power to restrict commencement of proceedings if vexatious proceedings previously instituted)
1: In section 141(1) to a court if, and only if, the court if, and only if, a Family Court Judge
2: Replace section 141(2)
2: A Family Court Judge may order that the person may commence either of the following only with the leave of a Family Court Judge or Family Court Associate:
a: proceedings under this Act of any kind:
b: proceedings under this Act of any specified kind or in respect of any specified person or matter.
3: Amendments to Child Support Act 1991
33: Principal Act
This subpart amends the Child Support Act 1991 2023-10-06 Child Support Act 1991 See section 2
34: Section 99 amended (Declarations in respect of step-parents)
After section 99(5)
5A: If an application made under subsection (1) or (2) is undefended, a Family Court Associate may exercise the jurisdiction of the Family Court under this section and grant a declaration.
35: Section 103A amended (Appeal in relation to determination or decision under subpart 3 of Part 5A)
In section 103A(2)(b) the Family Court a Family Court Judge or Family Court Associate
36: Section 103B amended (Appeal by respondent from determination under Part 6A)
In section 103B(3)(b) the Family Court a Family Court Judge or Family Court Associate
37: Section 103C amended (Appeal from determination under Part 6B)
In section 103C(2)(b) the Family Court a Family Court Judge or Family Court Associate
38: Section 104 amended (Application for departure from formula assessment in special circumstances)
In section 104(2)(b)(iii) the court is satisfied a Family Court Judge or Family Court Associate is satisfied
39: Section 105 amended (Matters as to which court must be satisfied before making order)
After section 105(6)
7: The jurisdiction of the Family Court under this section may be exercised by a Family Court Judge or Family Court Associate, and for the purposes of this section a Family Court Associate has the same powers as a Family Court Judge.
40: Section 106 amended (Orders that may be made)
In section 106(1) court Family Court Judge or Family Court Associate exercising the jurisdiction of the Family Court
41: Section 107 amended (Implementation of orders)
In section 107(1) a decision of a court making an order in determination of an order determining
42: Section 117 amended (Suspension orders)
After section 117(5)
6: The jurisdiction of the Family Court under this section may be exercised by—
a: a Family Court Judge; or
b: a Family Court Associate having the same powers as a Family Court Judge.
43: Section 184 amended (Charging orders)
1: In section 184(1) the Family Court or the District Court a Family Court Judge, Family Court Associate, or District Court Judge
2: In section 184(4) the court a Family Court Judge, Family Court Associate, or District Court Judge
44: Section 185 amended (Charging orders on life insurance policies)
In section 185 on the court
4: Amendments to Family Proceedings Act 1980
45: Principal Act
This subpart amends the Family Proceedings Act 1980 2023-10-06 Family Proceedings Act 1980
46: Section 51 amended (Paternity orders)
After section 51(2)
3: If an application made under section 47 is undefended, a Family Court Associate or Family Court Judge may make an order under this section.
47: Section 54 amended (Parentage tests)
After section 54(2)
3: A Family Court Associate has the jurisdiction and powers of a Family Court Judge under subsection (1) in respect of an application made by a party to the proceedings.
48: Section 55 amended (Contents of report)
Replace section 55(3)
3: Where a report on parentage tests has been submitted to a court under this section, the person who made the report must provide a written statement explaining or amplifying any matter in the report if required to do so by—
a: a Judge, on the Judge’s own initiative or on the application of a party to the proceedings; or
b: a Family Court Associate, on the application of a party to the proceedings.
49: Section 56 amended (Right of examination)
In section 56
2: A Family Court Associate has the jurisdiction and powers of a Family Court Judge under subsection (1).
50: Section 57 amended (Refusal of parentage tests)
In section 57(1) the court has recommended a recommendation has been made
51: Section 91 amended (Reports as to maintenance)
After section 91(5)
6: A Family Court Associate has the jurisdiction and powers of a Family Court Judge under subsections (1) and (5).
52: Section 145F replaced (Power of court to make maintenance orders in respect of children)
Replace section 145F
145F: Power of court to make maintenance orders in respect of children
1: An application referred to in section 145A(b) must be heard and determined by a Family Court Judge.
2: However, if the respondent consents to the orders sought in the application no hearing is required and the orders sought may be made by—
a: a Family Court Judge; or
b: a Family Court Associate exercising the powers of a Family Court Judge.
3: Before making any orders under subsection (2)
a: advise the respondent to obtain legal advice; and
b: afford the respondent the opportunity to obtain that advice.
5: Amendments to Family Violence Act 2018
53: Principal Act
This subpart amends the Family Violence Act 2018 2023-10-06 Family Violence Act 2018
54: Section 189 amended (Objection process if direction made on application without notice)
1: Replace section 189(3)(b)
b: the direction is suspended from the date on which the court receives the notice of objection until the objection is dealt with under section 190.
2: In section 189(4) the court a Judge or Family Court Associate
55: Section 190 amended (Court may confirm or discharge direction after considering objection)
1: Replace the heading to section 190 Direction may be confirmed, varied, or discharged
2: In section 190(1) the court a Judge or Family Court Associate
3: Replace section 190(2)
2: If a Judge or Family Court Associate confirms or varies a direction and the respondent is before the court, the Judge or Family Court Associate, as the case may be, must warn the respondent that non-compliance with the direction is an offence punishable by imprisonment.
56: Section 193 amended (When assessments or determinations need not be undertaken or made)
In section 193(3) Judge Family Court Associate or
57: Section 194 amended (Order of, and delaying, respondent’s attendance or engagement)
In section 194(3) Judge Family Court Associate or
58: Section 196 amended (When assessor must refer respondent back to court)
In section 196(3)(b) Judge Family Court Associate or
59: Section 198 amended (Court may direct respondent to engage with prescribed non-standard service)
1: Replace the heading to section 198 Respondent may be directed to engage with non-standard service
2: In section 198(2)(b), (3), (4), and (5) Judge Family Court Associate or
60: Section 199 amended (Referral to different service provider)
In section 199(4) Judge Family Court Associate or
61: Section 200 amended (Referral back to court if programme or service to be delayed or inappropriate)
In section 200(2) Judge Family Court Associate or
62: Section 201 amended (Terms of attendance at or engagement with non-violence programme or prescribed service)
In section 201(5)(b) Judge Family Court Associate or
63: Section 203 amended (Referral back to court if continued provision no longer appropriate or practicable or affected significantly by non-compliance)
In section 203(4)(b) Judge Family Court Associate or
64: Section 204 amended (Report and notice of completion and outcome of programme or service)
Replace section 204(3)
3: A Family Court Associate or Judge may release a report under subsection (1) to either or both of the following people on any terms and conditions the Family Court Associate or Judge considers necessary or desirable to protect the safety of a protected person:
a: a respondent:
b: a lawyer acting for a child who, under section 62(2), made the application for the protection order.
65: Section 206 amended (Powers if matter brought to attention of Judge)
1: In the heading to section 206 Judge Family Court Associate or
2: In section 206(1) Judge Family Court Associate or
3: Replace section 206(2) to (4)
2: A Family Court Associate may take all or any of the following actions:
a: make a direction under section 188(3)(a) and (b) (that the respondent undertake an assessment for prescribed services, and engage with any prescribed standard service, provided by a service provider, that an assessor determines may be appropriate for and may benefit the respondent):
b: suspend, vary, replace, or discharge the direction (to attend a non-violence programme or engage with a prescribed standard service) made under section 188(1)(b) or (3)(b):
c: suspend, vary, or replace, or discharge a direction (to engage with a prescribed non-standard service) made under section 198:
d: make a direction (to engage with a prescribed non-standard service) under section 198 in respect of the respondent:
e: make, under section 199, a referral to a different service provider that is able to provide a non-violence programme or prescribed service to the respondent:
f: settle the terms of attendance or (as the case requires) the terms of engagement with the respondent and the service provider under section 201:
g: make an order or direction under section 204(3) section 204(3)(a) and (b)
h: refer the matter to a Judge to consider whether to take the action set out in subsection (3)(b) subsection (3)(c)
3: A Judge may—
a: take all or any of the actions specified in subsection (2)(a) to (g)
b: make, or vary or discharge terms or conditions of, a parenting order (interim or final) under the Care of Children Act 2004 relating to or affecting the respondent (in which case the provisions of that Act apply with all necessary modifications):
c: make any other order or direction the Judge thinks fit in the circumstances.
66: Section 207 amended (Notice of non-compliance with direction)
In section 207(1) section 188 or a Family Court Associate or Judge makes a direction under section
67: Section 208 amended (Registrar’s response to notice of safety concerns or non-compliance)
After section 208(2)(a)
aa: bring the matter to the attention of a Family Court Associate so that the Family Court Associate may consider whether to exercise the power conferred by section 209
68: Section 209 replaced (Judge may call respondent before court)
Replace section 209
209: Family Court Associate or Judge may call respondent before court
1: This section applies if the Registrar brings a matter to the attention of—
a: a Family Court Associate under section 208(2)(aa)
b: a Judge under section 208(2)(b).
2: The Family Court Associate or Judge, as the case may be, may exercise the powers under section 169 to call the respondent before the court.
3: If the Family Court Associate or Judge exercises those powers, section 169 applies, so far as applicable and with all necessary modifications, as if the respondent were a witness in proceedings.
69: Section 210 replaced (Respondent called before court)
Replace section 210
210: Respondent called before court
1: If a respondent appears before the court under section 208(2)(a) or section 209(2)
a: admonish the respondent:
b: confirm, vary, replace, or discharge the direction (under section 188 or 198), or change the terms of attendance at or engagement with the programme or prescribed service under section 201:
c: make a replacement direction (under section 188 or 198) that requires the respondent to attend or engage with a further, or different, assessment, programme, or prescribed service:
d: refer the matter to a Judge to consider whether to—
i: take the action set out in subsection (2)(d)
ii: make any other order or direction under subsection (2)(e)
2: If a respondent appears before the court under section 208(2)(a) or section 209(2)
a: admonish the respondent:
b: confirm, vary, or replace, or discharge the direction (under section 188 or 198), or change the terms of attendance at or engagement with the programme or prescribed service under section 201:
c: make a replacement direction (under section 188 or 198) that requires the respondent to attend or engage with a further, or different, assessment, programme, or prescribed service:
d: make, or vary or discharge terms or conditions of, a parenting order (interim or final) under the Care of Children Act 2004 relating to or affecting the respondent (in which case the provisions of that Act apply with all necessary modifications):
e: make any other order or direction the Judge thinks fit in the circumstances.
3: If a Family Court Associate or Judge confirms or varies a direction, the Family Court Associate or Judge must warn the respondent that non-compliance with the direction is an offence punishable by imprisonment.
4: Failure to give the warning required by subsection (3)
6: Amendments to Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004
70: Principal Act
This subpart amends the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 2023-10-06 Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004
71: Section 5 amended (Interpretation)
1: In section 5 Head of Bench
j: in relation to a Family Court Associate, the Principal Family Court Judge
2: In section 5 Judge
x: a Family Court Associate; and
7: Amendment to Marriage Act 1955
72: Principal Act
This subpart amends the Marriage Act 1955 2023-10-06 Marriage Act 1955
73: Sections 26 and 27 replaced
Replace sections 26 27
26: Discharge of caveat
1: A caveat is to be treated as discharged 1 year after the date on which it was lodged unless within that time a notice of the marriage to which the caveat relates is given under section 23.
2: If the Registrar receives a notice under section 23 of an intended marriage against which the Registrar is aware a caveat has been lodged, the Registrar must submit the caveat to—
a: a Family Court Judge; or
b: a Family Court Associate; or
c: a District Court Judge, if no Family Court Judge or Family Court Associate is immediately available.
3: On receiving the caveat, the Judge or Family Court Associate must immediately—
a: inquire into the grounds of objection stated in the caveat; and
b: discharge the caveat if they are of the opinion that those grounds should not prevent the solemnisation of the marriage.
4: If a Judge or Family Court Associate has refused to discharge a caveat, any person may apply to a Family Court Judge for the discharge of the caveat.
5: On receiving an application under subsection (4)
27: Vexatious caveat
A person who lodged a caveat is liable for damages if the Judge or Family Court Associate considers the grounds on which the caveat was lodged vexatious and unreasonable.
8: Amendment to Oaths and Declarations Act 1957
74: Principal Act
This subpart amends the Oaths and Declarations Act 1957 2023-10-06 Oaths and Declarations Act 1957
75: Schedule 2 amended
In Schedule 2 Family Court Associates
9: Amendments to Oranga Tamariki Act 1989
76: Principal Act
This subpart amends the Oranga Tamariki Act 1989 2023-10-06 Oranga Tamariki Act 1989
77: Section 39 amended (Place of safety warrants)
In section 39(1) available, a Family Court Associate or
78: Section 40 amended (Warrant to remove child or young person)
In section 40(1) available, a Family Court Associate or
10: Amendments to Property (Relationships) Act 1976
79: Principal Act
This subpart amends the Property (Relationships) Act 1976 2023-10-06 Property (Relationships) Act 1976
80: Section 25 amended (When court may make orders)
After section 25(4)
4A: If proceedings under this Act are pending, a Family Court Associate has the jurisdiction and powers of a Family Court Judge under subsection (4) if—
a: the Family Court Associate considers it appropriate in the circumstances to make an interim order of the kind referred to in that subsection; and
b: the parties to the proceedings consent to the making of the order and the giving of directions by the Family Court Associate with respect to the proceeds.
81: Section 37 amended (Persons entitled to be heard)
In section 37(1) the court directs shall a Family Court Judge or Family Court Associate directs must
82: Section 40 replaced (Costs)
Replace section 40
40: Costs
1: In any proceedings under this Act, a Family Court Judge or Family Court Associate may make any order as to costs that they think fit.
2: Subsection (1)
83: Section 42 amended (Notice of interest against title)
Replace section 42(3)(a)
a: any application under section 142 of that Act in respect of any notice lodged under subsection (2) may be made to, and determined by, the Family Court, District Court, or High Court; and
aa: any application that may be made to a court under section 143 of that Act in respect of any notice lodged under subsection (2), may be made to and determined by a Family Court Associate, a Family Court Judge, the District Court, or the High Court; and
84: Section 43 amended (Dispositions may be restrained)
After section 43(1A)
1B: A Family Court Associate has the jurisdiction and powers of a Family Court Judge under subsection (1) to make an order on the application of party B.
11: Amendments to Protection of Personal and Property Rights Act 1988
85: Principal Act
This subpart amends the Protection of Personal and Property Rights Act 1988 2023-10-06 Protection of Personal and Property Rights Act 1988
86: Section 15 amended (Orders by consent)
1: In section 15 the court may a Family Court Judge or Family Court Associate may
2: In section 15 the court is satisfied the Judge or Family Court Associate is satisfied
87: Section 48 amended (Enforcement of manager’s duty to prepare and file statements)
In section 48(1) Judge or Family Court Associate
88: Section 66 amended (Calling of pre-hearing conference)
In section 66(2) any Family Court Judge a Family Court Judge or Family Court Associate
89: Section 68 amended (Procedure at pre-hearing conference)
1: In section 68(1) Family Court Judge or Family Court Associate (the presiding officer
2: In section 68(3) and (4) Judge officer
3: Replace section 68(5)
5: The presiding officer may from time to time adjourn the pre-hearing conference to another time and place.
90: Section 69 amended (Identification of issues)
In section 69(1), (2), (3), and (4) Judge officer
91: Section 70 amended (Power of presiding Judge to make consent orders)
1: In the heading to section 70 Judge officer
2: In section 70(1) and (2) Judge officer
92: Section 72 amended (Privilege)
In section 72(2) Family Court Judge presiding officer
12: Amendment to Remuneration Authority Act 1977
93: Principal Act
This subpart amends the Remuneration Authority Act 1977 2023-06-07 Remuneration Authority Act 1977 Subpart 12 of Part 2 comes into force on the day after the day of royal assent. See section 2(1).
94: Schedule 4 amended
In Schedule 4 The Family Court Associates
13: Amendment to Status of Children Act 1969
95: Principal Act
This subpart amends the Status of Children Act 1969 2023-10-06 Status of Children Act 1969
96: Section 10 amended (Declaration as to paternity)
After section 10(6)
7: If an application made under subsection (2) or (3) is undefended, a Family Court Associate may exercise the jurisdiction of the Family Court in respect of that application and make a declaration. |
LMS757416 | 2023 | Charities Amendment Act 2023 | 1: Title
This Act is the Charities Amendment Act 2023.
2: Commencement
1: Sections 4 6 7 8 10 11 12 16 18 19 22 37 38
2: Sections 17 23 24 25 28 29 33 34 35 36
3: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to Charities Act 2005
3: Principal Act
This Part amends the Charities Act 2005 2023-10-05 Charities Act 2005 see section 2(1): sections 4, 6, 7, 8, 10, 11, 12, 16, 18, 19, and 22 come into force 3 months after the date of Royal assent. 2024-07-05 Charities Act 2005 see section 2(2): sections 17, 23, 24, 25, 28, and 29 come into force 12 months after date of assent. 2023-07-06 Charities Act 2005 see section 2(3): the rest of this Act comes into force on the day after date of assent.
4: Section 4 amended (Interpretation)
1: In section 4(1) officer officer
a: means a person occupying a position in the entity who is able to exercise significant influence over substantial decisions of the entity including, but not limited to,—
i: in relation to a trust, the trustees of the trust; and
ii: in relation to any other entity, a member of the board or governing body of the entity (if it has a board or governing body); and
iii: a person occupying any other position (for example, a chief executive or treasurer) if that position enables them to exercise such influence:
b: includes a person who has powers conferred on them to make decisions that would otherwise fall on the trustees, the board, or the governing body of the entity (regardless of whether the person holds a position in the entity):
c: includes any class or classes of persons declared by regulations to be officers for the purposes of this Act:
d: excludes any class or classes of persons that are declared by regulations not to be officers for the purposes of this Act
2: In section 4(1) serious wrongdoing
c: an act, omission, or course of conduct that constitutes an offence punishable by imprisonment for a term of 2 years or more or imprisonment for life; or
3: In section 4(1) Taxation and Charities Review Authority Authority Taxation Review Authorities Act 1994
5: Section 8 amended (Establishment, functions, duties, and powers of Board)
In section 8(1) 3 5
6: New section 12A inserted (Chief executive to consult on significant guidelines or recommendations)
After section 12
12A: Chief executive to consult on significant guidelines or recommendations
The chief executive must consult persons or representatives of persons that the chief executive considers reasonable to consult before issuing significant guidelines or recommendations on the best practice to be observed by charities, officers, and persons concerned with the management or administration of charities.
7: Section 13 amended (Essential requirements)
Replace section 13(1)(d)
d: all of the officers of the entity are qualified to be officers of a charitable entity under section 36B
e: at any time, at least 1 officer of the entity is 18 years of age or older.
8: New section 13A inserted (Charitable entity to remain qualified for registration)
After section 13
13A: Charitable entity to remain qualified for registration
1: Every charitable entity must remain qualified for registration as a charitable entity at all times.
2: To remain qualified for registration, a charitable entity must,—
a: in the case of the trustees of a trust, remain of a kind in relation to which an amount of income is derived by the trustees in trust for charitable purposes:
b: in the case of a society or an institution,—
i: be maintained exclusively for charitable purposes; and
ii: not be carried on for the private pecuniary profit of any individual:
c: have as its officers only persons qualified to be officers of a charitable entity under section 36B
d: have and maintain rules.
9: Section 15 amended (Name of entity)
In section 15(e) in the opinion of the Board, the name is not if the Board decides that the name is not
10: Section 16 repealed (Qualifications of officers of charitable entities)
Repeal section 16
11: Section 18 amended (Chief executive to consider application)
1: In section 18(3)(c)(ii) 20 working days 2 months
2: In section 18(3A)(a) 20 working days 2 months
12: Section 19 amended (Board to decide application for registration)
1: Repeal section 19(4)
2: In section 19(5) acting under subsection (4) declining an application under this section
3: After section 19(5)
6: If the Board declines an application under this section, it must, as soon as practicable, publish its decision and the reasons for it on a publicly accessible Internet site maintained by or on behalf of the Board.
13: Section 24 amended (Contents of register)
After section 24(2)
2A: The register may contain any other information or documents provided by a charitable entity that support the purpose of the register.
14: Section 25 amended (Chief executive may allow information and documents to be omitted or removed from register and may restrict public access to information and documents)
Replace section 25(2)
2: The chief executive may, on a request from a charitable entity or an individual referred to in paragraph (b) or (c) or on the chief executive’s own motion, prevent or restrict public access to any information that relates to—
a: the entity if the chief executive considers, in the public interest, that public access to that information should be prevented or restricted; or
b: an individual if the chief executive considers that public access to that information would be likely to prejudice the privacy or personal safety of any person; or
c: an individual if the individual is—
i: a protected person in relation to a protection order under the Family Violence Act 2018
ii: a person for whose benefit a suppression provision or order applies under any legislation.
15: Section 26 amended (Amendments to register)
After section 26(b)
ba: to correct a mistake caused by any error or omission on the part of a charitable entity that the chief executive is satisfied was an honest and genuine mistake or omission; or
16: Section 31 amended (Deregistration of charitable entity from register)
1: After section 31(1)
1A: The chief executive may recommend to the Board that an entity be deregistered as a charitable entity if the chief executive is satisfied that there are grounds under section 32
2: Replace section 31(4)
4: The Board may, if it has removed an entity from the register, make an order that an application for the re-registration of the entity as a charitable entity must not be made before the expiry of a specified period.
3: After section 31(4)
5: If the Board directs a notice under subsection (2) to be registered, it must, as soon as practicable, publish the following on a publicly accessible Internet site maintained by or on behalf of the Board:
a: the notice; and
b: the reasons for the notice; and
c: any order made under subsection (4)
17: Sections 33 to 36 repealed
Repeal sections 33 to 36
18: New subpart 1A of Part 2 inserted
After section 36
1A: Officers of charitable entities
36A: Role of officer of charitable entity
The role of an officer of a charitable entity includes assisting the entity to—
a: deliver its charitable purpose; and
b: comply with its obligations under this Act or any other enactment.
36B: Qualifications of officers of charitable entities
1: A person who is not disqualified by this section or section 36C
2: The following persons are disqualified from being officers of charitable entities:
a: an individual who is an undischarged bankrupt:
b: an individual who is under the age of 16 years:
c: an individual who, or a body corporate that, has been convicted of either of the following and has been sentenced for the offence within the last 7 years:
i: a crime involving dishonesty (within the meaning of section 2(1) of the Crimes Act 1961
ii: an offence under section 143B of the Tax Administration Act 1994
d: an individual 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 Companies Act 1993 Financial Markets Conduct Act 2013 Takeovers Act 1993
e: an individual who is subject to a banning order under subpart 7 of Part 4 of the Incorporated Societies Act 2022
f: an individual who is subject to a property order made under the Protection of Personal and Property Rights Act 1988 section 32
g: a body corporate that is being wound up, is in liquidation or receivership, or is subject to statutory management under the Corporations (Investigation and Management) Act 1989
h: an individual who has been convicted of an offence relating to the financing of terrorism under the Terrorism Suppression Act 2002
i: in relation to any particular entity, an individual who, or a body corporate that, does not comply with any qualifications for officers contained in the rules of that entity.
3: Subsection (2) does not apply to an officer of an entity if that officer was appointed, under an Act, by the Governor-General, by the Governor-General in Council, or by a Minister.
4: The Board may waive the application of any of the disqualifying factors set out in subsection (2)(a) to (h) in relation to an officer of that entity.
5: The waiver may be granted on any terms or conditions that the Board thinks fit.
6: If the Board waives the application of a disqualifying factor set out in subsection (2)(a) to (h), the officer to whom the waiver relates must not be treated as being disqualified from being an officer of a charitable entity in relation to the entity by reason of the application of that disqualifying factor.
7: If the Board decides to exercise a power under subsection (4), it must direct the chief executive to give the charitable entity written notice of the decision.
36C: Board may disqualify officer
1: The Board may, by notice, disqualify an officer of a charitable entity for a specified period that does not exceed 5 years if—
a: the officer has engaged in serious wrongdoing in connection with the entity; or
b: the officer has failed significantly or persistently to meet their obligations under this Act or any other enactment.
2: As soon as practicable after issuing a notice under this section, the Board must publish the notice on a publicly accessible Internet site maintained by or on behalf of the Board.
3: In this section and section 36D officer of a charitable entity section 31
36D: Effect of disqualification of officer
1: A person disqualified from being an officer of a charitable entity under section 36B or 36C
2: Disqualification of an officer of a charitable entity under section 36B or 36C
19: Section 39 amended (Duty of telephone and Internet collectors to disclose registration number on request)
1: In the heading to section 39 telephone and Internet
2: In section 39 by means of telephone or the Internet,
20: Section 41 amended (Duty to prepare annual return)
Replace section 41(2)(b)
b: be accompanied by—
i: a copy of the financial statements of the charitable entity (or, in the case of section 46(1A)(b) section 42AC(1)
ii: the fee prescribed by regulations for the application (if any).
21: New sections 42AB and 42AC inserted
After section 42A
42AB: Meaning of minimum financial information and qualifying financial entity
1: In this section and section 42AC minimum financial information qualifying charitable entity
2: Before recommending the making of regulations prescribing maximum financial thresholds for the purposes of the definition of qualifying charitable entity in subsection (1), the Minister must have regard to the purpose of this Act.
42AC: Chief executive may exempt class of qualifying charitable entities from providing financial statements
1: The chief executive may, by notice, exempt a class of qualifying charitable entities from complying with section 41(2)(b)
2: Before granting an exemption under subsection (1), the chief executive must have regard to the purpose of this Act.
3: A qualifying charitable entity that is exempt from complying with section 41(2)(b)
4: An exemption granted under subsection (1) is secondary legislation ( see Part 3 of the 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 The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
22: New section 42G and cross-heading inserted
After section 42F Duty to review governance procedures
42G: Duty to review governance procedures
1: A charitable entity must review its governance procedures (whether those are set out in its rules or elsewhere) at least every 3 years.
2: When conducting a review under subsection (1), the charitable entity must consider whether its governance procedures—
a: are fit for purpose; and
b: assist the charitable entity to achieve its charitable purpose; and
c: assist the charitable entity to comply with the requirements of this Act.
23: Section 49 repealed (Board to observe rules of natural justice)
Repeal section 49
24: Section 55 amended (Board may publish details of possible breach, possible serious wrongdoing, and other matters)
Repeal section 55(3)
25: New sections 55A to 55E and cross-heading inserted
After section 55 Objections to decisions of Board and chief executive
55A: Interpretation
In sections 55B to 55E decision
a: the following decisions of the chief executive:
i: a decision under section 25(1)
ii: a decision under section 26(a)
iii: a decision under section 26(ba)
iv: a decision on an application by an entity for approval to change its balance date under section 41(5)(b)
v: a decision on an application by an entity under section 43
vi: a decision on a request by an entity under section 44(1)
vii: a decision to give a warning notice to a charitable entity or person under section 54(2)
b: any decision of the Board under this Act decision maker
55B: Notice of intention to make decision
1: Before the decision maker makes a decision, they must give notice of the matters set out in subsection (2) to the person who or entity that is the subject of the decision.
2: That notice must specify—
a: the name of the person or entity; and
b: where relevant, the registration number of the entity; and
c: the decision that the decision maker intends to make; and
d: the grounds under this Act for the intended decision; and
e: the date by which an objection to the intended decision must be received by the decision maker, which must be no later than 2 months after the date of the notice.
55C: Objection to intended decision
The person who or entity that is the subject of the intended decision may send or deliver to the decision maker an objection to the intended decision on either or both of the following grounds:
a: that the grounds for the intended decision have not been satisfied:
b: that, for any other reason, it would not be in the public interest to make the intended decision.
55D: Decision maker’s duty if objection received
1: If an objection to an intended decision is received by the decision maker on or before the date referred to in section 55B(2)(e)
a: the decision maker must give the person or entity the opportunity to appear (whether in person or by electronic means) and be heard in relation to the intended decision and the objection; and
b: the decision maker must not proceed to make the intended decision unless they are satisfied that it is in the public interest to do so and that—
i: the grounds for the intended decision have been satisfied; or
ii: the objection has been withdrawn; or
iii: any facts on which the objection is based are not, or are no longer, correct; or
iv: the objection is frivolous or vexatious.
2: If the decision maker proceeds to make a decision, the decision maker must give to the person or entity notice of—
a: the decision; and
b: the grounds for the decision; and
c: the person or entity’s right to appeal against the decision under section 58A
3: The decision takes effect the day after the date of the notice referred to in subsection (2), unless another date (which may not be earlier than the date of the notice) is specified in the notice.
55E: Decision maker to observe rules of natural justice
In considering whether to make a decision, the decision maker must observe the rules of natural justice.
26: Section 56 amended (Notices)
1: In section 56(1) by the chief executive
2: Replace section 56(1)(b)
b: it is signed by a member of the Board, the chief executive, or a person authorised by the Board or the chief executive for the purpose; and
3: In section 56(2) the chief executive a member of the Board or the chief executive
27: Section 57 amended (Service of notices)
1: In section 57 chief executive Board or the chief executive
2: After section 57(1)(c)
d: serving or giving the notice in electronic form and by means of an electronic communication.
28: New Part 2A inserted
After section 58
2A: Appeals
Appeals to Authority
58A: Right of appeal to Authority against decisions of Board and certain decisions of chief executive
1: A person or an entity may appeal to an Authority against—
a: the following decisions of the chief executive:
i: a decision under section 25(1)
ii: a decision under section 26(a)
iii: a decision under section 26(ba)
iv: a decision on an application by an entity for approval to change its balance date under section 41(5)(b)
v: a decision on an application by an entity under section 43
vi: a decision on a request by an entity under section 44(1)
vii: a decision to give a warning notice to a charitable entity or person under section 54(2)
b: any decision of the Board under this Act.
2: An appeal does not operate as a stay of the decision appealed against.
58B: Period for bringing appeal
1: An appellant must lodge an appeal under section 58A
a: no later than 2 months after the date of the decision appealed against; or
b: within any further time that the Authority may allow if, on an application by the appellant, the Authority is satisfied that exceptional grounds outside the appellant’s control prevented the appellant from lodging an appeal before the expiry of the period in paragraph (a).
2: An appellant may make an application under subsection (1)(b) at any time before or after the expiry of the period in subsection (1)(a).
58C: Commencement of appeal
1: An appeal before an Authority must be commenced by filing a notice of appeal, together with the prescribed fee (if any), with the Authority.
2: A notice of appeal must be in a form approved by the chief executive of the Ministry of Justice after consulting all Authorities and any other parties the chief executive thinks appropriate.
3: Every notice of appeal must specify—
a: the decision or the part of the decision to which the appeal relates; and
b: the grounds of appeal in sufficient detail to fully inform the Authority and the respondent of the issues in the appeal; and
c: the relief sought; and
d: the appellant’s address for service (which can be an email address or any other electronic address maintained by the appellant).
4: The decision maker must be named as a respondent in the appeal.
5: The appellant must serve a notice of appeal on all parties to the appeal.
58D: Notice of defence
1: A respondent must file a notice of defence with the Authority no later than 2 months after being served with the notice of appeal.
2: A notice of defence must be in a form approved by the chief executive of the Ministry of Justice after consulting all Authorities and any other parties the chief executive thinks appropriate.
3: The respondent must serve the notice of defence on the appellant at the appellant’s address for service.
4: Every notice of defence must specify—
a: the grounds of defence in sufficient detail to fully inform the Authority and the appellant of the defence; and
b: the respondent’s address for service (which can be an email address or other electronic address maintained by the respondent).
58E: Grounds of appeal and burden of proof
1: In an appeal,—
a: the appellant is limited to the grounds stated in the notice of appeal; and
b: the respondent is limited to the grounds stated in the decision appealed against; and
c: the burden of proof is on the appellant.
2: Despite subsection (1), the Authority may, either on the application of the appellant or of its own motion, amend the grounds stated in the notice of appeal.
58F: Authority may strike out appeal
An Authority may strike out an appeal, in whole or in part, 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.
58G: Authority may regulate its procedure
An Authority may regulate its procedure for the commencement, hearing, and determination of an appeal under this Act as it thinks fit, subject to—
a: this Act and any regulations; and
b: any practice notes issued under section 58U
58H: Procedure at hearing of appeal
At the hearing of an appeal before an Authority, the parties—
a: may call evidence; and
b: must be given an opportunity to be heard either in person or by a person they have authorised to represent them (whether or not that person is a lawyer).
58I: Evidence
1: An Authority may receive as evidence any statement, document, information, or matter that the Authority considers may assist the Authority to deal effectively with the appeal, whether or not it would be admissible in a court of law.
2: Subject to sections 53 to 67 of the Evidence Act 2006
3: An Authority may take evidence on oath.
4: An Authority may permit a person appearing as a witness before it to give evidence by providing a written statement and, if the Authority thinks fit, verifying it by oath.
58J: Determination on papers
1: An Authority may determine an appeal on the papers if the Authority considers it appropriate.
2: Before doing so, the Authority must give the parties an opportunity to comment on whether the appeal should be dealt with in that manner.
58K: Power to proceed if party fails to attend
1: If any party fails to appear or be represented at the hearing of an appeal before an Authority, the Authority may—
a: adjourn the hearing; or
b: determine the appeal in the absence of the party who failed to appear or be represented; or
c: where it is the appellant who fails to appear or be represented, dismiss the appeal.
2: If an Authority determines or dismisses an appeal under subsection (1)(b) or (c) in the absence of any party, the Authority on the application of that party may, if the Authority thinks fit, grant a rehearing of the appeal or set down the dismissed appeal for a hearing.
3: An application for a rehearing or the setting down of a new hearing under subsection (2) must be made no later than 20 working days after the date of the Authority’s determination or dismissal of the appeal.
4: If a rehearing is granted or a new hearing set down under subsection (2), the determination of the Authority made on the initial hearing, or its dismissal of the appeal, immediately ceases to have effect.
58L: Use of electronic facilities
Any sitting of an Authority may be conducted by telephone, audiovisual link, or other remote access facility if an Authority considers it appropriate and the necessary facilities are available.
58M: Sittings of Authority to hear appeals
1: An Authority may sit to hear appeals under this Act at the times and locations that the Authority considers appropriate.
2: When considering where an appeal should be heard, the Authority may take into account the location and convenience of the parties.
3: An Authority may adjourn a sitting before or at the time of the sitting.
4: If an Authority is absent or unable from cause to act, the Registrar of the Authority has the same powers as the Authority to adjourn a sitting.
5: All sittings of an Authority are open to the public, unless the Authority considers that a sitting should be conducted in private.
58N: Powers of Authority in determining appeals
1: In determining an appeal under section 58A
a: confirm, modify, or reverse the decision of the Board or the chief executive or any part of the decision:
b: exercise any of the powers that the Board or the chief executive could have exercised in relation to the matter to which the appeal relates.
2: Without limiting subsection (1), the Authority may make an order requiring—
a: an entity to be registered in the register of charitable entities with effect from a specified date; or
b: an entity to be restored to the register of charitable entities with effect from a specified date; or
c: an entity to be removed from the register of charitable entities with effect from a specified date; or
d: an entity to remain registered in the register of charitable entities; or
e: an entity to be treated, or not to be treated, with 1 or more affiliated or closely related entities as forming part of a single entity; or
f: an entity to be exempted, or not to be exempted, from compliance requirements from a specified date; or
g: an entity to provide their annual return from a specified date; or
h: information or documents that relate to an entity to be removed or omitted from, included in, or restored to the register.
3: The specified date may be a date that is before or after the order is made.
4: The Authority may make any other order that it thinks fit.
5: An order may be made on any terms and conditions that the Authority thinks fit.
58O: Decisions of Authority
1: An Authority must give any decision under this Act in writing, and include reasons for the decision.
2: As soon as practicable after giving a decision determining an appeal, an Authority must publish the decision and reasons for the decision on a publicly available Internet site maintained by or on behalf of the chief executive of the Ministry of Justice.
3: Despite subsection (2),—
a: an Authority may withhold from publication information it considers appropriate (including, but not limited to, the name of the appellant or information that could identify the appellant); and
b: an Authority is not required to publish a decision and reasons for the decision if it considers publication would not be in the public interest.
58P: Authority may award costs to successful appellant
1: An Authority may order the respondent to pay costs to a successful appellant.
2: The maximum amount of costs that may be awarded under subsection (1) is the amount of the filing fee to bring the appeal.
58Q: Authority may make interim order pending determination of appeal
1: At any time before the final determination of an appeal under section 58A
a: to be registered in the register of charitable entities with effect from a specified date; or
b: to be restored to the register of charitable entities with effect from a specified date; or
c: to remain registered in the register of charitable entities.
2: The specified date may be a date that is before or after the order is made.
3: At any time before the final determination of an appeal relating to a decision under section 55
4: An interim order may be subject to any terms or conditions that the Authority thinks fit.
5: If an interim order is made under subsection (1), the chief executive must—
a: amend the register of charitable entities in accordance with the order as soon as practicable after receiving the order; and
b: include a copy of the order in the register of charitable entities, unless the Authority orders otherwise.
6: To enable the chief executive to fulfil the duties imposed by this section, the Registrar of the Authority must send a copy of the order to the chief executive as soon as practicable.
58R: Right of appeal against decision refusing interim order
If an Authority refuses to make an interim order under section 58Q
58S: Contempt of Authority
1: A person commits an offence if the person—
a: wilfully insults or obstructs an Authority or any witness or officer of an Authority during a sitting of the Authority or while the Authority, a witness, or an officer is going to, or returning from, a sitting of the Authority; or
b: wilfully insults or obstructs any person in attendance at a sitting of an Authority; or
c: wilfully interrupts, or otherwise misbehaves at, a sitting of an Authority; or
d: wilfully and without lawful excuse disobeys any order or direction of an Authority in the course of the hearing of any proceedings.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $1,000.
3: An Authority may order the exclusion from a sitting of that Authority of any person whose behaviour, in the opinion of the Authority, constitutes an offence against subsection (1), whether or not the person is charged with the offence, and any officer of the Authority or constable may take any steps that are reasonably necessary to enforce the exclusion.
58T: Application of District Court Rules 2014
To the extent that they are not inconsistent with this Act or regulations, the District Court Rules 2014
58U: Practice notes
1: All Authorities acting together may issue practice notes, to apply to all of them, in relation to appeals to an Authority under this Act.
2: The practice notes must not be inconsistent with this Act and are for the guidance of an Authority, officers of an Authority, and parties before an Authority.
58V: Authority must notify Attorney-General of bringing of appeal
The Authority must notify the Attorney-General promptly of the bringing of any appeal to the Authority under this Act. Appeals to High Court
58W: Right of appeal to High Court
1: A party to an appeal under section 58A
2: Every appeal under subsection (1) must 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 any further time that the High Court allows.
3: On any appeal under subsection (1), the High Court may make an order or a determination as it thinks fit.
4: Subject to this section, the procedure in respect of any appeal under this section must be in accordance with the rules of court. Authority may state case
58X: Authority may state case for High Court
1: An Authority may, at any time, on the application of any party to the appeal or of its own motion, state a case for the opinion of the High Court on—
a: any question of law arising in respect of an appeal before the Authority:
b: whether the appeal should be heard by the High Court.
2: An Authority must give notice to the parties 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.
29: Sections 59 to 61 and cross-heading repealed
Repeal sections 59 to 61
30: Section 73 amended (Regulations)
1: Replace section 73(1)(g)
g: providing the procedure for appeals under this Act:
h: prescribing the fees to be paid in respect of the filing of an appeal to an Authority under this Act:
i: prescribing the circumstances in which any fees paid or to be paid in respect of the filing of an appeal under this Act may be refunded, remitted, or waived, in whole or in part:
j: providing for anything this Act says may or must be provided for by regulations:
k: providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
2: In section 73(7) chief executive Board or the chief executive
31: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in the Schedule
b: make all necessary consequential amendments.
32: Schedule 2 amended
In Schedule 2, clause 2(1) 3 5
2: Consequential amendments to other Acts
Amendments to Taxation Review Authorities Act 1994
33: Principal Act
Sections 34 to 36 Taxation Review Authorities Act 1994 2024-07-05 Taxation Review Authorities Act 1994 see section 2(2): sections 33, 34, 35, and 36 come into force 12 months after the date of Royal assent.
34: Section 2 amended (Purpose of Act)
Replace section 2(1)
1: The purpose of this Act is to—
a: re-enact the law contained in the Inland Revenue Department Act 1974
b: provide that Taxation Review Authorities are to sit as a judicial authority for hearing and determining appeals under the Charities Act 2005
35: Section 13 amended (Functions of an Authority)
In section 13
2: The functions of an Authority are also to sit as a judicial authority for hearing and determining appeals under the Charities Act 2005 ( see sections 58A to 58X
36: Section 13A amended (General jurisdiction of Authorities)
After section 13A(b)
c: to hear and determine appeals under sections 58A to 58X of the Charities Act 2005 Amendment to Incorporated Societies Act 2022
37: Principal Act
Section 38 Incorporated Societies Act 2022 2023-10-05 Incorporated Societies Act 2022 see section 2(1): sections 37 and 38 come into force 3 months after the date of Royal assent
38: Section 47 amended (Qualifications of officers)
In section 47(3)(d) section 31(4)(b) section 36C |
LMS748451 | 2023 | Local Government Official Information and Meetings Amendment Act 2023 | 1: Title
This Act is the Local Government Official Information and Meetings Amendment Act 2023.
2: Commencement
1: Part 1
a: on a date set by Order in Council; but
b: on 1 July 2025
2: Part 2
3: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation 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.
3: Principal Act
This Act amends the Local Government Official Information and Meetings Act 1987 2025-07-01 Local Government Official Information and Meetings Act 1987 Part 1 (see s 2(1)); can be brought into force earlier by OiC 2023-07-27 Local Government Official Information and Meetings Act 1987 Part 2 only
1: Amendments relating to land information memoranda
4: Section 2 amended (Interpretation)
In section 2(1) climate change natural hazard regional council regulations territorial authority
5: Section 4 amended (Purposes)
After section 4(c)
d: to provide for the issue of land information memoranda.
6: Cross-heading above section 44A replaced
Replace the cross-heading above section 44A
6A: Land information memoranda
7: Section 44A amended (Land information memorandum)
Replace section 44A(2)(a)
a: the information about natural hazards that is required by section 44B
aa: information about other special features or characteristics of the land concerned, including information about the likely presence of hazardous contaminants, that—
i: is known to the territorial authority; but
ii: is not apparent from a district plan under the Resource Management Act 1991:
8: New sections 44B to 44D inserted
After section 44A
44B: Natural hazard information to be included in land information memoranda
1: The purpose of this section is to ensure that land information memoranda contain understandable information about the following in relation to land:
a: natural hazards:
b: impacts of climate change that exacerbate natural hazards.
2: A land information memorandum must include—
a: information that identifies the following, to the extent that the information is known to the territorial authority:
i: each natural hazard, and each impact of climate change that exacerbates natural hazards, that affects the land concerned:
ii: each potential natural hazard, and each potential impact of climate change that exacerbates natural hazards, to the extent that the territorial authority is satisfied that there is a reasonable possibility that the hazard or impact may affect the land concerned (whether now or in the future):
iii: the cumulative or combined effects of the hazards and impacts referred to in subparagraphs (i) and (ii)
b: any further information required by the regulations to make the information provided under paragraph (a)
3: The information must be summarised and presented in the land information memorandum in the form required by the regulations (if any).
44C: Regional council must provide territorial authority with natural hazard information
1: A regional council must, as soon as is reasonably practicable in the circumstances, provide to a territorial authority within or partly within its region—
a: information that identifies the following, to the extent that the information is known to the regional council:
i: each natural hazard, and each impact of climate change that exacerbates natural hazards, that affects land in the territorial authority’s district:
ii: each potential natural hazard, and each potential impact of climate change that exacerbates natural hazards, to the extent that the regional council is satisfied that there is a reasonable possibility that the hazard or impact may affect land in the territorial authority’s district (whether now or in the future):
iii: the cumulative or combined effects of the hazards and impacts referred to in subparagraphs (i) and (ii)
b: any further information required by the regulations to make the information provided under paragraph (a)
2: The information must be summarised and presented in the form required by the regulations (if any).
44D: Territorial authority and regional council protected against certain actions when providing information in good faith
A territorial authority or regional council is not liable in civil or criminal proceedings for making available in good faith,—
a: in the case of a territorial authority, information in a land information memorandum under section 44A(2)(a)
b: in the case of a regional council, information to a territorial authority under section 44C
9: Section 55 amended (Regulations)
After section 55(1)
1A: The Minister must not recommend that regulations be made for the purposes of Part 6A
a: each regional council and territorial authority that the Minister considers may be affected by the proposed regulations; and
b: the persons and organisations that the Minister considers appropriate to consult.
1B: However, the Minister is not required to consult the entities set out in subsection (1A)(a)
10: Schedule 1 amended
In Schedule 1, Part 1 within the meaning of the Local Government Act 2002
2: Amendments relating to official information
11: Section 6 amended (Conclusive reasons for withholding official information)
1: In section 6
2: Before section 6(c)
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 another country or an agency of that Government; or
ii: any international organisation (as defined in section 2(1) of the Official Information Act 1982); or
3: In section 6 1982 No 156 s 6(a)–(d)
12: Section 7 amended (Other reasons for withholding official information)
In section 7(2)(f)(i) , or any persons to whom section 2(5) applies,
13: Section 31 replaced (Disclosure of certain information not to be recommended)
Replace section 31
31: Disclosure of certain information not to be recommended
1: An Ombudsman must not recommend that information be made available if—
a: the Prime Minister certifies that making the information available would be likely to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
b: the Attorney-General certifies that making the information available would be likely to prejudice the prevention, investigation, or detection of offences.
2: However, the Ombudsman may recommend that the appropriate local authority give further consideration to making the information available. 1982 No 156 s 31 |
LMS737255 | 2023 | Coroners Amendment Act 2023 | 1: Title
This Act is the Coroners Amendment Act 2023.
2: Commencement
This Act comes into force on the day after the date of Royal assent.
3: Principal Act
This Act amends the Coroners Act 2006 2023-04-05 Coroners Act 2006
1: Amendments to principal Act
1: Substantive amendments to principal Act
4: Section 9 amended (Interpretation)
In section 9 approved form section 140B associate coroner section 104A
5: Section 16 amended (Responsible coroner)
Replace section 16(2)
2: However, a duty coroner may from time to time perform or exercise the functions, powers, and duties of the responsible coroner, including (without limitation) deciding not to open an inquiry into a death.
6: Section 42 amended (Release of bodies)
In section 42(3)(a) the prescribed form an approved form
7: Section 52 amended (Requests for return of retained parts and samples)
In section 52(3) a form approved for the purpose by the chief coroner an approved form
8: Section 64 amended (Duties of coroner who decides not to open inquiry)
1: In section 64(1) the prescribed form an approved form
2: Replace section 64(2)
2: An approved form must contain or have attached to it (as the case requires)—
a: the coroner’s reasons for the decision not to open an inquiry; and
b: the cause of death to the extent known.
2A: The coroner may record the cause of death in an approved form as presumed natural causes without investigation if the coroner is satisfied that—
a: the evidence gathered to date raises a presumption that the death is from natural causes; and
b: no further investigation is required to discharge the coroner’s role under this Act.
2B: The coroner is not required to provide information regarding the circumstances of the death if the coroner considers there is no public interest in doing so.
3: In section 64(3) The prescribed form An approved form
9: Section 67 amended (Chief coroner and Secretary to be notified of inquiry)
In section 67 the prescribed form an approved form
10: Section 77 replaced (Coroner may hold hearing on papers and make chambers findings)
Replace section 77
77: Coroner may hold hearing on papers and make chambers findings
1: A coroner may, instead of holding an inquest, hold a hearing on the papers and make chambers findings if the coroner—
a: notifies interested parties of the coroner’s intention to hold a hearing on the papers and make chambers findings instead of holding an inquest; and
b: allows a reasonable period for interested parties to make their views known to the coroner on whether—
i: an inquest should be held; or
ii: a hearing should proceed on the papers; and
c: considers those views, among other relevant factors and information; and
d: is satisfied that an inquest is not required for the discharge of the coroner’s role under this Act.
2: This section does not apply to an associate coroner.
11: New section 77A inserted (Associate coroner holds hearing on papers or refers death to chief coroner)
After section 77
77A: Associate coroner holds hearing on papers or refers death to chief coroner
1: An associate coroner may hold a hearing on the papers and make chambers findings if—
a: the associate coroner considers an inquest may not be required, having considered the matters in section 80(2); and
b: the associate coroner notifies interested parties of the associate coroner’s intention to hold a hearing on the papers and make chambers findings rather than refer the death to the chief coroner; and
c: the associate coroner allows a reasonable period for interested parties to make their views known to the associate coroner on whether—
i: an inquest should be held; or
ii: a hearing should proceed on the papers; and
d: no interested party expresses the view that an inquest should be held.
2: If an interested party expresses the view that an inquest should be held, or the associate coroner considers an inquest may be required,—
a: the associate coroner must refer the death to the chief coroner; and
b: the chief coroner must assign the death to a coroner (but not to an associate coroner).
3: The coroner who is assigned the death must decide whether to hold an inquest or a hearing on the papers.
4: If interested parties have been consulted, the coroner who is assigned the death—
a: must consider the views (if any) expressed by the parties, among other relevant factors and information; and
b: is not required to reconsult interested parties if the coroner decides to proceed by way of a hearing on the papers and make chambers findings.
12: Section 91 amended (Evidence at distance for purposes of inquest)
1: In section 91(2) a Justice an associate coroner or a Justice
2: In section 91(3) A coroner or Justice A coroner, an associate coroner, or a Justice
3: Replace section 91(5)
5: Evidence given by a witness under subsection (2) and admitted by a coroner, an associate coroner, or a Justice must be—
a: put into writing; and
b: read over to or by the witness; and
c: signed by the witness and the coroner, associate coroner, or Justice.
6: The coroner, associate coroner, or Justice must then send the evidence to the coroner holding the inquest concerned.
7: The coroner holding the inquest must receive the evidence and act upon it as if it had been given and admitted at the inquest concerned.
13: Section 93 amended (Certificate of and written reasons for interim findings)
1: After section 93(1)
1A: Another coroner may complete and sign the certificate if the coroner conducting the inquiry is not available.
2: In section 93(2) the prescribed form an approved form
14: Section 94 amended (Certificate of and written reasons for findings)
1: After section 94(1)
1A: Despite section 57(2)(e), the coroner is not required to make findings in relation to the circumstances of the death concerned if the coroner considers there is no public interest in doing so.
2: In section 94(2) the prescribed form an approved form
3: In section 94(3) the coroner a coroner
15: New sections 104A and 104B inserted
After section 104
104A: Associate coroners
1: The Governor-General may, by warrant, appoint fit and proper people to be associate coroners.
2: Each one of those people must have held a practising certificate as a barrister or solicitor for at least 5 years.
3: The appointment must be for a period not exceeding 5 years, but the person is eligible to be reappointed for 1 or more further terms.
4: The appointment must be made on the advice of the Attorney-General, given after consultation with the Minister.
5: An associate coroner vacates that office, if they have not earlier done so in another way, on attaining the age of 70 years.
6: However, a former associate coroner of or over the age of 70 years may be reappointed as an associate coroner for 1 term that—
a: is specified in the warrant of reappointment; and
b: does not exceed 2 years.
104B: Coroners, relief coroners, and associate coroners may continue in office to complete investigations
1: A coroner, a relief coroner, or an associate coroner who has retired or whose term of office has expired may continue in office for the purpose of completing any investigations already commenced before their retirement or the expiry of their term.
2: A coroner, a relief coroner, or an associate coroner must not continue in office under subsection (1)
3: The fact that a coroner, a relief coroner, or an associate coroner continues in office does not affect the power to appoint another person to the office.
4: A coroner, a relief coroner, or an associate coroner who continues in office is entitled to be paid the appropriate rate for the days or half-days worked in completing the investigation.
5: The appropriate rate
16: Section 106A amended (Attorney-General to publish information concerning coronial appointment process)
1: In section 106A(a) coroners and associate coroners
2: In section 106A(b) coroner or an associate coroner
3: In section 106A
2: The processes under subsection (1)
17: Section 107 amended (Concurrent office or employment)
1: In section 107(1)(a) and (b) coroner or an associate coroner
2: In section 107(2) other coroners and associate coroners
3: After section 107(3)
4: An associate coroner may hold another judicial office but must not undertake any other paid employment or hold any non-judicial office (whether paid or not) unless that employment or office is of a type specified in the protocol as being compatible with being an associate coroner.
18: Section 107A amended (Recusal)
In section 107A coroners and associate coroners
19: Section 108 amended (Coroners act full-time unless authorised to act part-time)
1: In the heading to section 108 Coroners and associate coroners
2: After section 108(1)
1A: An associate coroner acts as an associate coroner full-time unless they are authorised by the Attorney-General to act part-time.
3: Replace section 108(2) and (3)
2: The Attorney-General may, in accordance with subsection (4), authorise the following people to act part-time for any specified period:
a: a coroner appointed under section 103 (coroners) or section 104 (relief coroners):
b: an associate coroner.
3: To avoid doubt, an authorisation under subsection (2)
a: take effect as from the appointment of the coroner or the associate coroner or at any other time; and
b: be given more than once in respect of the same coroner or associate coroner.
4: In section 108(4) authorise a coroner or an associate coroner
5: In section 108(4)(a) the coroner the coroner or the associate coroner
6: In section 108(6) A coroner A coroner or an associate coroner
7: Replace section 108(7)
7: The basis on which a coroner or an associate coroner acts must not be altered during the term of their appointment without their consent, but consent under this subsection is not necessary if the alteration is required by subsection (6).
20: Section 110 amended (Salaries and allowances)
1: In section 110(1) coroners (including the chief coroner, the deputy chief coroner, and any relief coroners) coroners (including the chief coroner, the deputy chief coroner, and any relief coroners) and associate coroners
2: Replace section 110(2)
2: The salary of a coroner or an associate coroner must not be diminished during the continuance of their appointment.
3: In section 110(3) a coroner or an associate coroner
21: Section 112 amended (Resignation)
After section 112(2)
3: An associate coroner may at any time resign the office by written notice to the Attorney-General.
22: Section 113 amended (Complaints about coroners)
1: In the heading to section 113 about coroners
2: In section 113(1)
a: replace coroners’ conduct the conduct of coroners and associate coroners
b: replace because coroners because coroners and associate coroners
23: Section 114 amended (Removal)
1: In section 114(1) coroner or an associate coroner
2: In section 114(2)(a) coroner or the associate coroner
3: In section 114(2)(b) coroner or the associate coroner
24: New section 117A inserted (Functions, powers, duties, and immunities of associate coroners)
After section 117
117A: Functions, powers, duties, and immunities of associate coroners
1: Except as set out in subsections (2) to (4) section 140A
a: an associate coroner has the functions, powers, and duties of a coroner appointed under section 103; and
b: an associate coroner has the immunities of a coroner under section 117; and
c: references in this Act to a coroner, designated coroner, duty coroner, replacement coroner, or responsible coroner must be read, with the necessary modifications, as including an associate coroner.
2: An associate coroner does not have the functions, powers, or duties of a coroner to hold an inquest.
3: References in this Act or other legislation to a coroner holding an inquest do not include an associate coroner ( but see section 91(2) to (7)
4: Subsection (1)(c)
25: Section 132 replaced (Chief coroner may issue practice notes)
Replace section 132
132: Chief coroner may issue practice notes
1: To help inform, and to achieve consistency in, coronial decision making and other coronial conduct, the chief coroner may issue to coroners and associate coroners written practice notes (not inconsistent with this Act).
2: Practice notes under this section may specify matters—
a: to which coroners and associate coroners must have regard when—
i: making recommendations or comments ( see
ii: calling for investigations or examinations, or commissioning reports ( see
iii: determining the format of their written findings:
iv: co-ordinating with other investigating authorities, official bodies, and statutory officers who investigate deaths:
b: to which coroners must have regard when—
i: recommending to the chief coroner that a specialist adviser be appointed to sit with and help the coroner at an inquest ( see
ii: holding joint inquests ( see
iii: managing the disclosure of evidence to witnesses appearing at a hearing:
iv: determining whether to hold a pre-hearing:
v: determining whether a person is appropriately regarded as an expert in a particular area.
3: Subsection (2) subsection (1)
4: Before issuing a practice note (or an amendment, revocation, or replacement of a practice note) under this section, the chief coroner must take all reasonable steps to consult coroners and associate coroners about the terms and effect of that practice note (or of that amendment, revocation, or replacement of a practice note).
5: The chief coroner must regularly review any practice notes issued under this section.
26: Section 134 amended (Failure to supply information or documents or other things as required by coroner’s notice under section 120)
1: In the heading to section 134 coroner’s
2: In section 134 (coroner may by written notice require person to supply information or documents or other things)
27: Section 135 amended (False or misleading statements and omissions in certain documents)
1: In section 135(2)(c) by a coroner
2: In section 135(2)(d) (coroner may by written notice require person to supply information or documents or other things)
28: Section 137 amended (Failure or refusal to give report required)
1: In section 137 to a coroner
2: In section 137(a) (coroner may direct post-mortem)
3: In section 137(b) (coroner may require person’s doctor to report)
29: Section 138 amended (False or misleading statement for purposes of section 64(3))
In section 138 (duties of coroner who decides not to open inquiry)
30: Section 139A amended (Publication of information in contravention of section 74)
In section 139A(1) (which empowers the coroner to prohibit the making public of evidence given at any part of inquiry proceedings)
31: New sections 140A and 140B inserted
After section 140
140A: Rules
1: The Governor-General may, with the concurrence of the chief coroner, make rules that—
a: provide for any conditions or limitations on the exercise or performance of a coroner’s functions, powers, and duties by associate coroners:
b: contain provisions that may be necessary to enable the proper exercise or performance by associate coroners of their functions, powers, and duties.
2: Rules made under this section are subject to section 117A(2) and (3)
3: Rules made under this section are secondary legislation ( see 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 Sch 1 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.
140B: Secretary may approve forms
1: The Secretary may approve and issue forms for the purposes of this Act.
2: The Secretary must have the agreement of the chief coroner before approving and issuing forms.
2: Transitional amendments to principal Act
32: New section 11A inserted (Transitional, savings, and related provisions)
After section 11
11A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.
33: Section 12A repealed (Transitional and savings provisions relating to amendments to this Act)
Repeal section 12A
34: Section 143A amended (Transitional and savings provisions: arrangements effective after commencement of Coroners Amendment Act 2016 are in Schedule 1)
1: In the heading to section 143A Schedule 1 Part 1
2: In section 143A Schedule 1 Part 1
35: Schedule 1 amended
1: Replace the Schedule 1
1: ss 11A, 143A Transitional, savings, and related provisions
2: In Schedule 1
1: Transitional and savings provisions effective after commencement of Coroners Amendment Act 2016
3: In Schedule 1,—
a: insert the Part set out in Schedule 1
b: make all necessary consequential amendments.
2: Consequential amendments to other legislation
36: Consequential amendments
Amend the legislation specified in Schedule 2 2023-04-05 Births, Deaths, Marriages, and Relationships Registration Act 2021 Births, Deaths, Marriages, and Relationships Registration Act 1995 Burial and Cremation Act 1964 Crimes Act 1961 Films, Videos, and Publications Classification Act 1993 Friendly Societies and Credit Unions Act 1982 Health and Disability Services (Safety) Act 2001 Health and Safety at Work Act 2015 Human Tissue Act 2008 Inferior Courts Procedure Act 1909 Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 Medicines Act 1981 Misuse of Drugs Act 1975 New Zealand Sign Language Act 2006 Oaths and Declarations Act 1957 Remuneration Authority Act 1977 Te Ture mō Te Reo Māori 2016/Māori Language Act 2016 Transport Accident Investigation Commission Act 1990 Water Services Act 2021 Visiting Forces Act 2004 Coroners (Forms) Regulations 2008 Cremation Regulations 1973 Health (Burial) Regulations 1946 National Civil Defence Emergency Management Plan Order 2015 Traffic Regulations 1976 |
LMS861465 | 2023 | Imprest Supply (First for 2023/24) Act 2023 | 1: Title
This Act is the Imprest Supply (First for 2023/24) Act 2023.
2: Commencement
This Act comes into force on 1 July 2023.
3: Repeal of this Act
This Act is repealed on the coming into force of the main Appropriation Act for the 2023/24 year. Act is repealed on the coming into force of the main Appropriation Act for 2023/24 Imprest Supply (First for 2023/24) Act 2023
4: Purposes
The purposes of this Act are—
a: to authorise expenses and capital expenditure to be incurred by the Crown and Offices of Parliament during the 2023/24 year in advance of appropriation in an Appropriation Act; and
b: to authorise capital injections to be made to departments and Offices of Parliament during the 2023/24 year in advance of authorisation under an Appropriation Act.
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2023/24 year capital expenditure section 2(1) department section 2(1) expenses section 2(1)
a: capital expenditure incurred by an intelligence and security department; and
b: non-departmental capital expenditure incurred in advance of a multi-category appropriation.
2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989
6: Authority to incur expenses
1: Expenses may, during the 2023/24 year, be incurred in advance of appropriation in relation to any Vote.
2: Expenses incurred under subsection (1) must not exceed in the aggregate the sum of $27,000 million.
7: Authority to incur capital expenditure
1: Capital expenditure may, during the 2023/24 year, be incurred in advance of appropriation in relation to any Vote.
2: Capital expenditure incurred under subsection (1) must not exceed in the aggregate the sum of $9,000 million.
8: Authority to make capital injections
1: Capital injections may, during the 2023/24 year, be made to any department or Office of Parliament in advance of authorisation under an Appropriation Act.
2: Capital injections made under subsection (1) must not exceed in the aggregate the sum of $1,000 million. |
LMS817644 | 2023 | Returning Offenders (Management and Information) Amendment Act 2023 | 1: Title
This Act is the Returning Offenders (Management and Information) Amendment Act 2023.
2: Commencement
This Act comes into force on the day after the date of Royal assent.
3: Principal Act
This Act amends the Returning Offenders (Management and Information) Act 2015 2023-02-28 Returning Offenders (Management and Information) Act 2015
1: Amendments to Parts 1 and 2 (preliminary and substantive provisions)
4: New sections 3A and 3B inserted
After section 3
3A: Act’s provisions apply retrospectively
1: A provision of this Act applies to a person after the provision’s commencement even if all or any of the following occurred before the provision’s commencement:
a: the person’s conduct overseas that constitutes an imprisonable offence in New Zealand:
b: the person’s conviction for an overseas jurisdiction offence for that conduct:
c: the person’s having been sentenced to 1 or more terms of imprisonment overseas for the overseas jurisdiction offence:
d: the end of the person’s sentence of imprisonment overseas for the overseas jurisdiction offence:
e: the person’s release from custody in a prison overseas or, if the person is detained in an immigration or other facility overseas following release from prison overseas, release from that facility overseas:
f: the person’s deportation or removal to New Zealand on grounds that are or include their conviction for the overseas jurisdiction offence:
g: the person’s return to New Zealand:
h: the person’s conviction for the overseas jurisdiction offence being overturned:
i: the person’s being pardoned for the overseas jurisdiction offence:
j: any other conduct of, or event relating to, the person that the provision requires to have occurred in order for the provision to apply.
2: This section does not affect or limit—
a: the validations in clause 8
b: the exception to those validations in clause 9
3: This section overrides any inconsistent other law.
4: In particular, any other law subsection (3)
a: section 7 of the Interpretation Act 1999 (in force after this Act’s commencement until the close of 27 October 2021):
b: section 12 of the Legislation Act 2019 (in force after 27 October 2021):
c: G v Commissioner of Police
3B: Act’s provisions override inconsistent other law
1: This section applies to conduct—
a: mentioned in, or otherwise necessary for carrying out, or giving full effect to, a provision of this Act; and
b: after the provision’s commencement.
2: Examples of the conduct are—
a: making, amending, revoking, or revoking and replacing, a determination or other decision:
b: requesting a person to provide identifying particulars and taking them if the person provides them in response to a request, detaining the person (using reasonable force if necessary) if the person refuses, taking the identifying particulars of a person who has been detained for the purpose of taking them, giving a direction related to exercising those powers, or entering, recording, and storing on a Police information recording system the identifying particulars of a person that are provided in response to a request or otherwise taken:
c: issuing, amending, revoking, revoking and replacing, or serving a notice (for example, a databank compulsion notice under section 14, or a determination notice):
d: applying for, issuing, or executing a warrant for entry to any premises to serve a determination notice:
e: applying for, imposing, varying, discharging, or revoking a standard release condition or a special condition (which, in this section, includes, without limitation, a condition imposed under section 33(1) and to which sections 26 to 31 apply under section 34):
f: suspending under section 28(3) a standard release condition or a special condition:
g: administering a standard release condition or a special condition (for example, monitoring compliance with a standard release condition or a special condition, and investigating and prosecuting an offence of breaching a standard release condition or a special condition):
h: reviewing under section 22 a determination under section 17:
i: doing, or omitting to do, any other act or omission mentioned in, or otherwise necessary for carrying out, or giving full effect to, the provision.
3: The conduct must or may be done or omitted in accordance with the provision even if the conduct is, for an overseas jurisdiction offence for which the relevant person has been convicted and punished overseas, 1 or both of the following:
a: punishment again:
b: a variation and increase of penalty between commission of, and sentencing for, that offence.
4: This section does not affect or limit—
a: the validations in clause 8
b: the exception to those validations in clause 9
5: This section overrides any inconsistent other law.
6: In particular, any other law subsection (5)
a: section 6(1) and (2) of the Sentencing Act 2002:
b: sections 25(g) and 26(2) of the New Zealand Bill of Rights Act 1990:
c: G v Commissioner of Police
5: Section 4 amended (Interpretation)
In section 4(1) the provision’s commencement this provision’s commencement
a: this Act’s commencement; and
b: the commencement of any other related provision of this Act inserted, amended, or replaced after this Act’s commencement; and
c: the commencement of any legislation inserting, amending, or replacing the provision
6: New section 18A inserted (Notice and right to be heard)
After section 18
18A: Notice and right to be heard
1: A determination by the Commissioner that a person is a returning prisoner must be made without providing the person with notice or a right to be heard.
2: This section does not prevent a person providing voluntarily to the Commissioner, in response to a request that the Commissioner may (but need not) make, information—
a: about whether the person is a returning prisoner; and
b: adding to other information available to the Commissioner about that matter.
3: This section also does not affect a returning prisoner’s right to apply for—
a: review under section 22 of the Commissioner’s determination:
b: judicial review of the Commissioner’s determination.
7: Section 22 amended (Review of Commissioner’s determination)
In section 22(2) within 15 working days at any time
8: Subpart 4 of Part 2 repealed
Repeal subpart 4
2: Amendments to Schedule 1 (transitional, savings, and related provisions)
9: Schedule 1 amended
In Schedule 1
a: insert the Part set out in the Schedule
b: make all necessary consequential amendments. |
LMS459581 | 2023 | Digital Identity Services Trust Framework Act 2023 | 1: Title
This Act is the Digital Identity Services Trust Framework Act 2023.
2: Commencement
1: This Act comes into force—
a: on 1 or more dates set by Order in Council; or
b: to the extent not brought into force earlier, on 1 July 2024.
2: One or more Orders in Council may set different dates for different provisions.
3: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation 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.
1: Preliminary provisions
3: Purpose
The purposes of this Act are—
a: to establish a legal framework for the provision of secure and trusted digital identity services for individuals and organisations:
b: to establish governance and accreditation functions that are transparent and incorporate te ao Māori approaches to identity.
4: Overview of Act
Key definitions in Part 2
1: The definition of the digital identity services trust framework is in section 8 section 10 section 11
2: The ways in which the Act recognises and respects the Crown’s responsibility to give effect to the principles of te Tiriti o Waitangi Treaty of Waitangi section 9 Other Parts in Act
3: Part 3
4: Part 4
5: Part 5
6: Part 6
7: Part 7 Effect of overview section
8: This overview is for explanation only and does not affect the meaning of this Act.
5: Interpretation
In this Act, unless the context otherwise requires,— accreditation mark section 13 accredited digital identity service accredited service see also section 34(2) breach section 69(2) chief executive department section 10(a) digital identity service section 10 digital identity service provider digital identity services trust framework trust framework section 8 individual Minister organisation organisational information participants section 11 personal information section 7(1) personal or organisational information
a: information that describes the identity of an individual or organisation:
b: other information about that individual or organisation public service employee section 65 regulations section 102 relying party responsible department section 44 59
a: the department that the TF board sits within:
b: the department that the TF authority sits within TF authority authority section 58 TF board board section 43 TF provider see also sections 34(2) 95(6) 104(3) TF register register section 34 TF rules section 18 transaction user
a: shares personal or organisational information, in a transaction with a relying party, through 1 or more accredited digital identity services; and
b: does so for themselves or on behalf of another individual or an organisation.
6: Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in the Schedule
7: Act binds the Crown
This Act binds the Crown.
2: Digital identity services trust framework
8: Trust framework
1: The digital identity services trust framework trust framework
2: The main components of the trust framework are—
a: 2 administering bodies:
b: an accreditation regime for digital identity service providers and the digital identity services they provide:
c: rules and regulations that include requirements for accredited providers when providing accredited services:
d: approved accreditation marks to identify accredited services.
3: The 2 administering bodies for the trust framework are the TF board ( see Part 4 see Part 5
4: The accreditation regime is run by the authority ( see sections 23 to 33
5: The board recommends draft TF rules and regulations to the Minister ( see sections 18 102 see Part 6
9: Tiriti o Waitangi/Treaty of Waitangi
In order to recognise and respect the Crown’s responsibility to give effect to the principles of te Tiriti o Waitangi Treaty of Waitangi
a: in section 21(1)(b)
b: in section 45(3) section 53(5)
c: in section 47(2)(a) and (b)
i: expert knowledge of te ao Māori approaches to identity; and
ii: expert knowledge of the principles of te Tiriti o Waitangi Treaty of Waitangi
iii: experience in engaging with Māori:
d: in sections 51 to 55
e: in section 53(5)
f: in section 68(a) Part 6
g: in section 105(3)(c)
10: Meaning of digital identity service
1: In this Act, digital identity service
2: Examples of digital identity services are services or products that—
a: check the accuracy of personal or organisational information:
b: check the connection of personal or organisational information to a particular individual or organisation:
c: provide secure sharing of personal or organisational information between trust framework participants.
3: The regulations must prescribe the types of digital identity services that may be accredited under this Act.
11: Trust framework participants
1: The participants
a: users:
b: TF providers:
c: relying parties.
2: A single individual or organisation may be 1 or more of the participants listed in subsection (1) in the same transaction.
12: Requirements for TF providers dealing with personal or organisational information when providing accredited digital identity services
1: A TF provider must not collect, use, share, or otherwise deal with personal or organisational information in connection with the provision of an accredited digital identity service unless—
a: they have reasonable grounds to believe that the collection, use, sharing, or other dealing with the information is authorised by the individual or organisation to which the information relates; and
b: they do so in accordance with the TF rules and the regulations.
2: See section 17 Privacy Act 2020
13: Accreditation marks
1: TF providers may use accreditation marks approved by the TF board to identify the accredited services they provide as being accredited under this Act.
2: The board may approve the form and style of accreditation marks and may approve different accreditation marks to be used for different types of services.
3: The TF authority must set the terms of use of accreditation marks and must publish them on an Internet site maintained by or on behalf of the authority’s responsible department.
4: TF providers must comply with the relevant terms of use when using an accreditation mark. Digital identity services outside trust framework
14: TF providers may provide both accredited services and services not accredited
1: A TF provider may provide both accredited services and digital identity services that are not accredited under this Act.
2: See section 96
15: Digital identity services outside trust framework
1: An individual or organisation may provide a digital identity service even if they and the service are not accredited under this Act.
2: See section 96
a: themselves to be a TF provider when they are not:
b: a digital identity service to be an accredited service when it is not. Relationship with other Acts
16: Relationship with Electronic Identity Verification Act 2012 and Identity Information Confirmation Act 2012
Nothing in this Act limits or otherwise affects the Electronic Identity Verification Act 2012 Identity Information Confirmation Act 2012
17: Application of Privacy Act 2020
Nothing in this Act overrides the Privacy Act 2020
3: TF rules, accreditation, TF register, and record-keeping and reporting
TF rules
18: TF rules
1: The Minister may make rules for the matters listed in section 20
2: The TF board may recommend draft TF rules to the Minister.
3: The Minister may make rules only if satisfied that the requirements for consultation under section 21
4: Rules made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
19: Who TF rules apply to
1: The TF rules apply to TF providers and the accredited services they provide.
2: The rules—
a: may apply to TF providers only to the extent relevant to their provision of accredited services:
b: must not apply to digital identity services that are not accredited services.
20: Content of TF rules
1: The TF rules must set requirements for all of the following: Identification management
a: determining the accuracy of information, binding that information to the correct individual or organisation, and enabling the secure reuse of the information: Privacy and confidentiality
b: maintaining the privacy and confidentiality of the information of individuals and organisations: Security and risk
c: ensuring that information is secure and protected from unauthorised modification, use, or loss: Information and data management
d: record-keeping and format of personal and organisational information, to ensure a common understanding of what is shared: Sharing and facilitation
e: the sharing of information with relying parties, including authorisation processes.
2: The TF rules may set different requirements for the following:
a: different types of TF providers:
b: TF providers and accredited services:
c: different types of accredited services:
d: different levels of assurance for different types of accredited services.
3: If a TF rule is inconsistent with the regulations, the regulations prevail.
4: TF rules relating to personal information must be consistent with the Privacy Act 2020 see also section 17
21: Consultation required before recommending TF rules
1: Before recommending draft TF rules to the Minister, the TF board must consult and invite submissions from the following on the proposed content of the rules:
a: the Office of the Privacy Commissioner; and
b: tikanga experts who have knowledge of te ao Māori approaches to identity; and
c: TF providers; and
d: people or groups that are likely to have an interest in the TF rules; and
e: any other individual or organisation that the board considers should be consulted.
2: The Minister must decide which people or groups the board must consult under subsection (1)(b) after taking into account the particular subject matter of the proposed content of rules.
3: The Minister must also consult the Ministers with portfolio responsibilities that relate to Māori development and Māori-Crown relations before deciding which people or groups will be consulted by the board under subsection (1)(b).
4: The Minister may decide that consultation under this section is not required if the proposed content of a rule or a proposed change to an existing rule is technical and non-controversial in nature.
22: TF board to report to Minister on consultation
Before recommending draft TF rules to the Minister, the TF board must report to the Minister on the consultation it has undertaken under section 21 Accreditation
23: Application for accreditation
1: A digital identity service provider may apply to the TF authority to be accredited as a TF provider. That application must be accompanied by an application to have at least 1 digital identity service that they currently provide accredited as an accredited service.
2: A TF provider may apply at any time to have a digital identity service that is provided by them, and that is not an accredited service, accredited as an accredited service. That service must be in addition to the 1 or more accredited services they already provide.
3: See section 32
24: Contents of application
1: An application for accreditation must—
a: be in the form, and be made in the manner, approved by the TF authority; and
b: contain—
i: key information prescribed by the regulations; and
ii: other information required by the regulations (if any); and
c: contain the specified information listed in section 25(1)
d: be accompanied by the fee prescribed by the regulations (if any).
2: See section 99
3: The key information referred to in subsection (1)(b)(i) and the other information referred to in subsection (1)(b)(ii) may differ for—
a: different types of applications:
b: different types of digital identity service providers:
c: TF providers and providers that are not accredited under this Act:
d: providers and services:
e: different types of services:
f: different levels of assurance for different types of services.
4: The fee referred to in subsection (1)(d) may vary in amount to reflect the different costs of processing different types of applications.
25: Specified information
1: The specified information referred to in section 24(1)(c)
a: has been convicted of a criminal offence, whether in New Zealand or overseas:
b: is being or has been the subject of a formal investigation or proceeding by or taken by the Privacy Commissioner:
c: has previously—
i: had an application for accreditation for themselves or a service they provided declined:
ii: had their accreditation as a TF provider or of a service they provided suspended or cancelled:
iii: not complied with additional record-keeping or reporting requirements or a compliance order imposed or issued under section 83
2: In this section, applicant
26: Decision by TF authority
1: The TF authority may accredit a provider or service if it is satisfied that—
a: the application meets the requirements of sections 23 to 25
b: the application, provider, or service meets any criteria for the assessment of applications, or any other requirements, set by the regulations.
2: The authority may grant the application in full or in part. However,—
a: a provider may be accredited only if they will provide at least 1 accredited service:
b: a service may be accredited only if it will be provided by a TF provider.
3: An application that meets the requirements of this section may be declined only if the authority is satisfied that the provider’s past conduct, or that of a related individual or organisation, indicates that the provider or a service they provide may pose a risk to—
a: the security, privacy, confidentiality, or safety of the information of any trust framework participants:
b: the integrity or reputation of the trust framework.
4: For the purposes of this section, the authority may take into account information that it reasonably believes is likely to be accurate.
27: Notice of decision
1: The TF authority must give notice of its decision to the applicant and if it declines the application (whether in full or in part), the authority must also—
a: set out its reasons for declining the application or part of it; and
b: tell the applicant of the right under section 29
2: If an application is successful in full or in part, the authority must give the applicant the following information along with its decision:
a: the terms of use of the relevant accreditation mark or accreditation marks; and
b: the expiry date that applies to the accreditation of the provider or service; and
c: any requirements set by regulations under section 28
28: Regulations for accredited providers and services
1: Regulations may prescribe—
a: requirements for—
i: periodic self-assessment by TF providers to check their compliance with the TF rules:
ii: periodic reporting by TF providers about their compliance with the TF rules:
iii: complaints processes and dispute resolution processes that must be operated by TF providers:
b: requirements for other matters related to the operations of TF providers and the accredited services they provide as the TF board and the Minister think fit:
c: fees for recovering the costs of operating the trust framework.
2: Regulations referred to in subsection (1) may set different requirements or fees for the following:
a: different types of TF providers:
b: in relation to fees, different types of TF providers to reflect the different costs associated with administering the different types:
c: TF providers and accredited services:
d: different types of accredited services:
e: different levels of assurance for different types of accredited services.
29: Reconsideration of application
1: An applicant may apply to the TF authority for it to reconsider—
a: an application for accreditation that it declined:
b: the part of an application that it declined.
2: The application for reconsideration must—
a: be in the form, and be made in the manner, approved by the authority; and
b: be made within 20 working days after receipt of the notice of the decision.
3: When assessing the application, the authority must consider any new, or additional, relevant information provided by the applicant.
4: A reconsideration decision by the authority is final. However, this section does not affect the right of an applicant to apply to a court for judicial review of the decision.
5: Except to the extent that this Act or the regulations set different requirements for applications for reconsideration, sections 23 to 25
30: Duration of accreditation
1: The accreditation of a TF provider or an accredited service commences on the date of the relevant accreditation decision by the TF authority and ends on the earliest of the following:
a: the date the TF provider tells the authority is the date on which they no longer wish—
i: to remain accredited as a TF provider; or
ii: for the service to continue as an accredited service:
b: the date on which the accreditation of the provider or service is cancelled under section 83 90
c: the applicable expiry date:
d: the date on which the accreditation of the service ceases under subsection (3):
e: the date on which the accreditation of the provider ends under subsection (4).
2: Under subsection (1)(c), the accreditation of a provider or service expires at the end of the relevant period set by the regulations. The regulations may set different periods for—
a: different types of TF providers:
b: TF providers and accredited services:
c: different types of accredited services:
d: different levels of assurance for different types of accredited services.
3: If the accreditation of a TF provider ends under subsection (1), all accredited services provided by that provider cease to be accredited services.
4: If a TF provider does not provide at least 1 accredited service in a 12-month period or a longer period agreed by the authority (the applicable period
5: If a TF provider applies for or obtains provisional accreditation for a digital identity service in the applicable period, their accreditation continues,—
a: in the case of a TF provider that has applied for provisional accreditation for a service, until the application is refused or, if provisional accreditation is granted, for the duration of that provisional accreditation:
b: in the case of a TF provider that has obtained provisional accreditation for a service, for the duration of that provisional accreditation.
31: Renewal of accreditation
1: A TF provider may apply to renew their accreditation or the accreditation of an accredited service they provide.
2: If a renewal application is made before the accreditation of the provider or service expires, the accreditation continues to have effect until the renewal application is decided by the TF authority.
3: If the accreditation of a provider or service expires before a renewal application is made, instead of a renewal application, the provider must make a fresh application for accreditation under section 23
4: A renewal application must be in the form, and be made in the manner, approved by the authority.
5: Except to the extent that this Act or the regulations set different requirements for renewal applications, sections 23 to 25
32: Provisional accreditation
1: The TF authority may grant provisional accreditation to a digital identity service provider or to a digital identity service.
2: A digital identity service provider that is not a TF provider may apply to the authority—
a: for provisional accreditation as a TF provider; and
b: for provisional accreditation for a service they wish to develop.
3: An application under subsection (2) must be for provisional accreditation for both the provider and at least 1 service they wish to develop.
4: A TF provider may apply to the authority for provisional accreditation for a service they wish to develop in addition to the 1 or more accredited services they already provide.
5: An application under this section must be in the form, and be made in the manner, approved by the authority.
6: Except to the extent that this Act or the regulations set different requirements for applications for provisional accreditation, sections 23 to 29
7: Provisional accreditation expires—
a: at the end of the 12-month period that begins on the date the provisional accreditation is granted or a longer period agreed by the authority; or
b: on the date that accreditation is granted for the provider or service under section 26
8: A provider or service with provisional accreditation is not a TF provider or an accredited service for the purposes of this Act.
33: Obligation to tell TF authority of changes to key information or specified information
1: If any of the key information referred to in section 24(1)(b)(i) section 25(1)
2: See section 100
3: The obligations under subsection (1) apply,—
a: for an applicant (whether already a TF provider or not), after an application for accreditation has been made and until it is decided by the authority:
b: for a TF provider, following the accreditation of themselves or a service they provide, from the date of the authority’s decision and for the period during which they or the service remains accredited.
4: The obligations under this section apply even if an applicant or a TF provider has previously failed to give key information or specified information to the authority as required by sections 24 25
5: In this section, application for accreditation
a: an application for accreditation under section 23
b: an application for reconsideration under section 29
c: an application for renewal of accreditation under section 31
d: an application for provisional accreditation under section 32
e: any communication with the authority relating to an application in paragraphs (a) to (d), whenever the communication is made. TF register
34: Register of TF providers and accredited services
1: The TF authority must establish and maintain a register of TF providers and accredited digital identity services.
2: In this section and sections 35 to 38 accredited digital identity service accredited service TF provider
35: Purposes of register
The purposes of the TF register are—
a: to enable the public to—
i: determine whether an individual or organisation has been accredited as a TF provider and, if so, the status and history of that accreditation (for example, whether it is current or suspended or has lapsed or been cancelled); and
ii: determine which of a TF provider’s digital identity services have been accredited under this Act and the status and history of those accreditations; and
iii: choose a suitable TF provider from the list of TF providers; and
b: to facilitate the administrative, disciplinary, and other functions of the TF authority under this Act.
36: Form of register
The TF register must be kept as an electronic register on a publicly accessible Internet site maintained by or on behalf of the TF authority or its responsible department.
37: Information to be contained in register
1: The TF register must contain the following information for each TF provider:
a: the TF provider’s full name:
b: a unique identifier issued by the TF authority (for example, a registration number):
c: information about the status and history of the TF provider’s accreditation as a TF provider, including—
i: the date on which they became accredited; and
ii: if the accreditation is for a fixed period, the date on which it will expire if not renewed; and
iii: whether the accreditation is currently suspended and, if it is, the period of the suspension.
2: For each TF provider, the register must also—
a: identify the digital identity services provided by the TF provider that are accredited services; and
b: include information about the status and history of the accreditation of each of those digital identity services, including—
i: the date on which the service became accredited; and
ii: if the accreditation is for a fixed period, the date on which it will expire if not renewed; and
iii: whether the accreditation is currently suspended, and, if it is, the period of the suspension.
3: The register may also contain—
a: information about former TF providers and former accredited digital identity services, including information about when their accreditation ended; and
b: any other information that the TF authority considers necessary or desirable for the purposes of the register.
38: Amendments to register
The TF authority may make amendments to the TF register at any time for the purposes set out in section 35
a: keep the register up to date by reflecting any changes in the information contained in it:
b: correct an error or omission on the part of the authority or anyone establishing or maintaining the register on the authority’s behalf. Third party assessors
39: Certification of third party assessors
1: The TF authority may certify an individual or an organisation as a third party assessor to carry out 1 or more of its functions relating to accreditation of providers or services if permitted by, and in accordance with, the regulations.
2: A third party assessor does not have, and nor may the authority delegate to them, the authority’s powers under sections 61 62
3: The regulations may prescribe circumstances under which the authority may suspend or cancel the certification of third party assessors.
40: Accountability and immunity
1: This section applies to a third party assessor when intending to carry out or carrying out functions under this Act. Accountability
2: The Ombudsmen Act 1975 Official Information Act 1982 Schedule 1
3: Information they hold is to be treated as also being held by the TF authority for the purposes of the Official Information Act 1982 Immunity
4: Section 104 1989 No 24 s 7G 2020 No 40 Schedule 6 cl 3(2)
41: Record-keeping and reporting by third party assessors
The regulations may prescribe record-keeping and reporting requirements for third party assessors, including for the collection and keeping of certain information, and for providing information to the TF authority. Record-keeping and reporting by TF providers
42: Record-keeping and reporting by TF providers
1: A TF provider must—
a: collect the required information about its activities; and
b: keep that information in the required manner and for the required period; and
c: give that information to the TF authority—
i: periodically as required:
ii: at all reasonable times on request.
2: In this section,— give
a: give access to the information, including by permitting its inspection; and
b: permit copies of the information to be made required
4: TF board
43: TF board established
The Trust Framework Board is established to carry out the board’s functions set out in this Act.
44: Responsible department
1: The Prime Minister must nominate a department to be the responsible department for the TF board.
2: The board is a body within the responsible department and is accountable to its chief executive.
3: The responsible department must include in its annual report a description of the board’s activities for the period covered by the report. 2007 No 15 s 34(1) TF board’s functions and powers
45: Functions of TF board
1: The TF board’s functions are to—
a: recommend draft TF rules to the Minister, review the rules at reasonable intervals, and recommend updates to them:
b: recommend regulations to the Minister:
c: undertake education and publish guidance for TF providers and the public:
d: monitor the effectiveness of the trust framework:
e: carry out other functions conferred on the board by this Act or by the Minister to achieve the purposes of this Act:
f: carry out any functions that are incidental and related to, or consequential on, the functions referred to in paragraphs (a) to (e).
2: If any functions are conferred on the board by the Minister, this must be done in writing.
3: When performing its functions, the board must engage with Māori in the manner provided for under section 53(5)
46: General powers of TF board
The TF board has all the powers that are reasonably necessary to carry out its functions under this Act to the extent consistent with section 44(2) TF board members
47: Appointment of TF board members
1: The chief executive must appoint the members of the TF board. The members may include public service employees and individuals from outside the public service.
2: When selecting the board’s members, the chief executive must ensure that—
a: members of the board include people who have expert knowledge of te ao Māori approaches to identity; and
b: members of the board include people who have—
i: expert knowledge of the principles of te Tiriti o Waitangi Treaty of Waitangi
ii: experience in engaging with Māori; and
c: the members of the board collectively possess sufficient knowledge and expertise in working with technology and identity data management, including with—
i: the ethical use of digital information; and
ii: protecting the privacy and confidentiality of digital information; and
iii: the secure handling of digital information; and
d: the board has sufficient members to carry out its functions in a timely and efficient manner.
48: Voting rights
Only members of the TF board who are public service employees have voting rights on the board.
49: Removal of TF board members
The chief executive may give written notice to a TF board member removing them from the board if they become bankrupt or neglect their duty, or for misconduct.
50: Remuneration of TF board members
1: A TF board member who is a public service employee is entitled to be paid by their employer, as if they were undertaking their usual duties, for time reasonably taken by them away from their usual duties to undertake the work of the board.
2: Other board members are not public service employees as a result of their appointment to the board, and the responsible department must pay fees for their services, and expenses reasonably incurred by them in providing those services, in accordance with the fees framework. Māori Advisory Group
51: Māori Advisory Group established
The Māori Advisory Group is established to advise the TF board. 2020 No 52 s 14
52: Appointment of members of Māori Advisory Group
1: The Minister must appoint members to the Māori Advisory Group.
2: The Minister must consult the Ministers with portfolio responsibilities that relate to Māori development and Māori-Crown relations before making any appointments.
3: The Minister must appoint 1 of the members as chairperson of the Māori Advisory Group.
4: The Minister must appoint only people who, in the responsible Minister’s opinion, have the appropriate knowledge, skills, and experience to assist the Māori Advisory Group to perform its role. 2020 No 52 s 15
53: Role of Māori Advisory Group
1: The role of the Māori Advisory Group is to advise the TF board on Māori interests and knowledge, as they relate to the operation of the trust framework, and to do so in accordance with the engagement policy and terms of reference referred to in subsection (4).
2: The board must seek advice from the Māori Advisory Group if a matter the board is dealing with raises matters of tikanga Māori or Māori cultural perspectives.
3: The board must give effect to the advice of the Māori Advisory Group to the extent that it considers is reasonable and practicable after taking account of other relevant considerations.
4: The board and the Māori Advisory Group, acting jointly, must—
a: prepare an engagement policy, setting out how they will work together; and
b: prepare and agree the terms of reference for the Māori Advisory Group.
5: The engagement policy must include details of how and when consultation with iwi and hapū will be undertaken by—
a: the board:
b: the board together with the Māori Advisory Group:
c: the Māori Advisory Group to inform its advice to the board.
6: The board must publish on an Internet site maintained by or on behalf of the board’s responsible department—
a: the engagement policy and the terms of reference for the Māori Advisory Group; and
b: all written advice from the Māori Advisory Group to the board, with redactions if needed, to—
i: protect the privacy of individuals:
ii: maintain legal professional privilege:
iii: protect commercially sensitive information.
7: The board and the Māori Advisory Group, acting jointly, must review both the engagement policy and the terms of reference at intervals of not more than 3 years. 2020 No 52 s 17
54: Further provisions relating to Māori Advisory Group
1: The following provisions of the Crown Entities Act 2004
a: section 28
b: section 30
c: section 31
d: section 32
e: section 35
f: section 43
g: section 44
h: section 45
2: The members are entitled to fees for their services, and expenses reasonably incurred by them in providing those services, in accordance with the fees framework. 2020 No 52 s 16
55: Removal of Māori Advisory Group members
The Minister may give written notice to a member of the Māori Advisory Group removing them as a member if they become bankrupt or neglect their duty, or for misconduct. Committees of advisers
56: Appointment and remuneration of committees of advisers
1: The TF board may establish committees of advisers of public service employees and individuals from outside the public service to give advice and make reports to the board.
2: An adviser who is a public service employee is entitled to be paid by their employer, as if they were undertaking their usual duties, for time reasonably taken by them away from their usual duties to undertake the work of a committee.
3: Other advisers are not public service employees as a result of their appointment to a committee, and the board’s responsible department must pay fees for their services, and expenses reasonably incurred by them in providing those services, in accordance with the fees framework.
57: Removal of committee members
The TF board may give written notice to a committee member removing them from a committee if they become bankrupt or neglect their duty, or for misconduct.
5: TF authority
58: TF authority established
The Trust Framework Authority is established to carry out the authority's functions set out in this Act.
59: Responsible department
1: The Prime Minister must nominate a department to be the responsible department for the TF authority.
2: That department may be the same as the responsible department nominated for the TF board under section 44
3: The authority is a body within the responsible department and is accountable to its chief executive. However, the authority must act independently in respect of its enforcement functions under Part 6
4: The responsible department must include in its annual report a description of the authority’s activities for the period covered by the report. 2007 No 15 s 34(1) TF authority’s functions and powers
60: Functions of TF authority
The TF authority’s functions are to—
a: establish, administer, and maintain an accreditation regime for digital identity service providers and digital identity services:
b: establish, administer, and maintain a register of TF providers and accredited services:
c: monitor the performance and effectiveness of the accreditation regime:
d: operate procedures and tests for TF providers to demonstrate their compliance with the TF rules and the regulations:
e: undertake compliance monitoring of TF providers:
f: receive and assess complaints:
g: investigate breaches of the TF rules, the regulations, the terms of use of accreditation marks, and this Act:
h: carry out other functions conferred on the authority by this Act:
i: carry out any functions that are incidental and related to, or consequential on, the functions referred to in paragraphs (a) to (h).
61: General powers of TF authority
The TF authority has all the powers that are reasonably necessary to carry out its functions under this Act to the extent consistent with section 59(3)
62: Power to require information or documents
1: The TF authority may, by written notice and without charge, require an individual or organisation to provide to it information or a document in their possession or control if satisfied that the information or document is necessary for, and relevant to, 1 or more of the purposes listed in subsection (3).
2: The notice may set a date by which the information or document must be provided to the authority. This must not be sooner than 5 working days after receipt of the notice by the individual or organisation.
3: The purposes for which the authority may issue a notice are—
a: assessing or investigating a complaint under Part 6
b: investigating compliance with the TF rules, the regulations, the terms of use of accreditation marks, or this Act:
c: assessing whether additional record-keeping or reporting requirements imposed under section 83
d: assessing compliance with a compliance order issued under section 83
e: assessing whether a suspension of accreditation should be lifted.
4: The individual or organisation that receives a notice must comply with it within the period stated in the notice.
5: However, an individual or organisation that receives a notice need not comply with it in relation to any information or document if—
a: it would be privileged in a court:
b: another Act deals specifically with access to the information or document:
c: disclosure would breach an obligation of secrecy or non-disclosure imposed by an enactment (other than the Privacy Act 2020 Official Information Act 1982
6: The authority must not release any information or document received by it under this section if the information or document is commercially sensitive, unless the release is required by an enactment.
7: In this section, information 2020 No 31 ss 87–89
63: Extension of time to provide information
1: An individual or organisation that receives a notice under section 62
2: The application must set out the reasons for requesting the extension of time. TF authority members
64: Appointment of TF authority members
1: The chief executive must appoint the members of the TF authority. The members may include public service employees and individuals from outside the public service.
2: When selecting the authority’s members, the chief executive must ensure that the authority has—
a: members who collectively possess the appropriate skills and experience to carry out its functions; and
b: sufficient members to carry out its functions in a timely and efficient manner.
65: Removal of TF authority members
The chief executive may give written notice to a member of the TF authority removing them from the authority if they become bankrupt or neglect their duty, or for misconduct.
66: Remuneration of TF authority members
1: A member of the TF authority who is a public service employee is entitled to be paid by their employer, as if they were undertaking their usual duties, for time reasonably taken by them away from their usual duties to undertake the work of the authority.
2: Other members of the authority are not public service employees as a result of their appointment to the authority, and the responsible department must pay fees for their services, and expenses reasonably incurred by them in providing those services, in accordance with the fees framework.
6: Complaints and offences
67: Purpose of Part
The purpose of this Part is to promote confidence in the trust framework by establishing processes for dealing with complaints.
68: Principles
In carrying out its functions under this Part (except when granting remedies or prosecuting offences), the TF authority must be guided by the following principles:
a: processes for complaints should be fair and accessible and have particular regard to tikanga Māori:
b: complaints should be resolved in a timely and efficient manner:
c: complaints should be resolved at a level appropriate to the seriousness and nature of the complaint. Complaints
69: Who may make complaint
1: Any person may complain to the TF authority if they believe there has been a breach by a TF provider.
2: Breach
70: How to make complaint
1: A complaint must—
a: identify the complainant and the TF provider to which the complaint relates; and
b: describe the alleged breach; and
c: state why the complainant believes that a breach has occurred; and
d: comply with other requirements set out in the regulations.
2: A complainant is entitled to reasonable assistance from the TF authority to meet the requirements of subsection (1).
71: How complaints must be dealt with
1: As soon as practicable after receiving a complaint, the TF authority must—
a: tell the complainant in writing that their complaint has been received; and
b: tell the TF provider in writing about the substance of the complaint; and
c: give the TF provider a reasonable opportunity to comment; and
d: consider the complaint and make a preliminary assessment of whether a breach appears to have occurred unless it decides—
i: to refer the complaint to an office holder under section 72
ii: not to consider the complaint further under section 73
2: If part of a complaint is referred to an office holder, the authority must make a preliminary assessment of the remaining part of the complaint unless it decides not to consider that part of the complaint further under section 73
72: Referral of complaints to office holders
1: This section applies if the TF authority considers that a complaint (in full or in part) may be more appropriately dealt with by:
a: the Ombudsman:
b: the Privacy Commissioner:
c: the Inspector-General of Intelligence and Security:
d: another office holder.
2: The authority must consult the relevant office holder about whether the complaint—
a: is within their jurisdiction; and
b: would be more appropriately dealt with by them.
3: The decision about whether a complaint is within the jurisdiction of an office holder is a matter solely for the relevant office holder.
4: If the complaint is within the jurisdiction of the office holder and the authority decides that it would be more appropriately dealt with by that office holder, the authority must as soon as practicable—
a: refer the complaint or the relevant part of it to the relevant office holder; and
b: tell the complainant and TF provider in writing it has done so.
73: TF authority may decide not to consider complaint further
1: The TF authority may decide not to consider a complaint or part of a complaint further if it considers—
a: the complaint does not meet the requirements of section 70
b: the complaint involves any of the matters set out in section 76(2)
c: the complainant has not made reasonable efforts to first resolve the complaint directly with the TF provider concerned; or
d: there is a dispute resolution scheme or process available to resolve the complaint because of the TF provider’s membership of a particular industry and the complainant has not made use of it; or
e: the complaint appears to largely involve a commercial dispute between 2 or more trust framework participants; or
f: the complainant knew about the breach or potential breach for 12 months or more before they made the complaint; or
g: the length of time that has elapsed between the date on which the subject of the complaint arose and the date on which the complaint was made means that consideration of the complaint is no longer practicable or desirable; or
h: the complainant does not have a sufficient personal interest in the subject of the complaint; or
i: the complaint is frivolous, vexatious, or not made in good faith.
2: The authority may also decide not to consider a complaint further if, after having regard to all of the circumstances of the case, the authority is of the opinion that considering the complaint further is unnecessary or inappropriate.
3: If the authority decides not to consider a complaint further, it must tell the complainant and TF provider in writing of the decision and give its reasons. 2020 No 31 s 74 Preliminary assessment of complaints
74: Procedure for preliminary assessment of complaints
1: When making a preliminary assessment of a complaint, the TF authority must take into account—
a: any relevant information and comments received from the complainant; and
b: any relevant information and comments received from the TF provider; and
c: any other relevant information that is readily accessible to it.
2: The authority may, for the purpose of making a preliminary assessment, in its absolute discretion, decide—
a: to provide information received from the TF provider to the complainant and seek their response:
b: to obtain information or documents from an individual or organisation under section 62
3: See section 62(6)
4: If the authority obtains information or documents under section 62
5: The authority may, when making a preliminary assessment, regulate its procedure as it considers appropriate and in a way that is consistent with this Act and the regulations (if any).
75: Notice of preliminary assessment
The TF authority must give the complainant and the TF provider—
a: written notice of its preliminary assessment including its reasons for the assessment; and
b: if its assessment is that it appears a breach has occurred,—
i: information about the dispute resolution scheme run by the authority; and
ii: information about the authority’s powers of investigation and the remedies it may grant. Dispute resolution scheme
76: Dispute resolution scheme
1: The TF authority may, in accordance with any requirements and criteria prescribed in the regulations, recommend a dispute resolution scheme for the Minister’s approval.
2: The dispute resolution scheme must not deal with the following:
a: a matter that may be dealt with under the Privacy Act 2020
b: an employment dispute that may be dealt with under the Employment Relations Act 2000
c: a dispute relating to acts that may be prosecuted as an offence under this Act:
d: a dispute relating to the carrying out of a Minister’s function:
e: a dispute of a kind prescribed by the regulations.
3: The chief executive may employ or engage persons or organisations to provide dispute resolution services to support the resolution of complaints under this Part.
77: Ministerial approval of dispute resolution scheme
The Minister may approve a dispute resolution scheme if satisfied that—
a: it provides a means of resolving complaints that is consistent with the principles listed in section 68
b: it meets any requirements set out in the regulations. Investigations by TF authority
78: Investigation of breach
The TF authority may commence an investigation—
a: following a preliminary assessment that a breach that was the subject of a complaint appears to have occurred:
b: on its own initiative, into any matter that could be the subject of a complaint under this Part. 2020 No 31 s 79
79: Commencing investigation
1: As the first step of an investigation, the TF authority must notify the TF provider that it is commencing an investigation.
2: A notice given under subsection (1) must—
a: set out the details of—
i: the alleged breach that was the subject of a complaint; or
ii: if the investigation is commenced under section 78(b)
b: advise the TF provider of their right to provide, within a reasonable time, a written response to the authority. 2020 No 31 s 80
80: Conducting investigation
1: The TF authority must conduct an investigation in a timely manner.
2: During an investigation, the authority may—
a: hear and obtain information or documents from any person ( see section 62
b: make any inquiries.
3: At any time during an investigation, the authority may decide to take no further action on a complaint or matter if it—
a: is satisfied that any of the matters set out in section 73(1)
b: after having regard to all of the circumstances of the case, considers that any further action is unnecessary or inappropriate.
4: As soon as practicable after making a decision under subsection (3), the authority must notify the complainant (if any) and the TF provider of—
a: that decision; and
b: the reasons for that decision.
5: It is not necessary for the authority to hold a hearing, and no person is entitled as of right to be heard by the authority.
6: Any investigation conducted by the authority must be conducted in private. 2020 No 31 s 81
81: TF authority may regulate own procedure
When conducting an investigation, the TF authority may regulate its procedure as it considers appropriate and in a way that is consistent with this Act and the regulations (if any). 2020 No 31 s 82
82: Finding by TF authority
1: If the TF authority is satisfied, on the balance of probabilities, that a breach has occurred, it must give the complainant (if any) and the TF provider written notice of its decision, including its reasons.
2: The authority may also grant 1 or more of the remedies listed in section 83
3: The authority may find that a breach has occurred even if it is of the view that the breach was unintentional or without negligence on the part of the TF provider. However, the authority must take the conduct of the TF provider into account when deciding what, if any, remedy or remedies to grant. 2020 No 31 s 102(3) Remedies
83: Remedies following finding of breach
1: If the TF authority finds a breach by a TF provider, it may do 1 or more of the following:
a: issue a private or public warning:
b: require the provider to comply with additional record-keeping or reporting requirements either for a specified period or indefinitely:
c: issue a compliance order:
d: suspend the provider’s accreditation or the accreditation of the relevant service they provide until they take specified steps:
e: cancel the provider’s accreditation or the accreditation of the relevant service they provide.
2: If the authority is satisfied that a TF provider has failed to comply with a compliance order or give the notice required by section 89 Public warnings
84: Public warnings
1: The TF authority may issue a public warning under section 83(1)(a)
a: a public warning is necessary to give users notice that use of a service provided by the TF provider carries a material risk of identity fraud, economic loss, or physical or emotional harm; and
b: that risk is attributable to the breach by the TF provider; and
c: the imposition of 1 or more of the other remedies under section 83
d: issuing a public warning will not result in disclosure of a security-related vulnerability of the relevant service that could be exploited by others.
2: Before making a decision under this section, the authority must—
a: take reasonable steps to give notice to the TF provider that it is considering issuing a public warning and give them a reasonable opportunity to comment; and
b: take into account any comments they make. Additional record-keeping or reporting requirements
85: Additional record-keeping or reporting requirements
The authority may require additional record-keeping or reporting requirements under section 83(1)(b) Compliance orders
86: Issuing compliance order
1: Before issuing a compliance order under section 83(1)(c)
a: whether there is another means under this Act of dealing with the breach that would be more effective than a compliance order:
b: the seriousness of the breach:
c: the likelihood of the breach continuing or being repeated:
d: the number of people who may be or are affected by the breach:
e: whether the TF provider has been co-operative in all dealings with the authority:
f: the likely costs to the TF provider of complying with the order.
2: However, each of those factors need be considered only to the extent that—
a: it is relevant in the authority’s view; and
b: information about the factor is readily available to the authority.
3: Before issuing a compliance order, the authority must also—
a: take reasonable steps to give notice to the TF provider that it is considering issuing a compliance order and give them a reasonable opportunity to comment on—
i: a draft of the order; and
ii: a summary of the conclusions reached about the factors in subsection (1) that the authority considered; and
b: take into account any comments they make. 2020 No 31 s 124
87: Form of compliance order
1: A compliance order must—
a: state the name of the TF provider and describe the relevant accredited service; and
b: describe the breach, citing the relevant TF rule, regulation, term of use, or provision of this Act; and
c: require the TF provider to remedy the breach within a specified time that is reasonable in the circumstances; and
d: require the TF provider to report to the TF authority, within a specified time or times, about—
i: the steps they have taken to remedy the breach:
ii: whether the breach has been remedied; and
e: inform the TF provider that the order may be varied or cancelled under section 91
f: contain other information required by the regulations (if any).
2: A compliance order may also—
a: require the TF provider to take particular steps to remedy the breach:
b: contain any other information the authority considers would be useful. 2020 No 31 s 125
88: TF provider response to compliance order
1: A TF provider that is issued with a compliance order must comply with it, including by taking any particular steps to remedy the breach specified in the order.
2: The TF provider must remedy the breach,—
a: if no time is stated in the order, as soon as is reasonably practicable:
b: within the time stated in the order:
c: at a later time if varied by the TF authority. 2020 No 31 s 126
89: TF provider must tell TF authority when compliance order complied with
A TF provider must tell the TF authority when it has complied with a compliance order and must do so within 5 working days of doing so.
90: TF provider may elect to forfeit accreditation
1: A TF provider that receives a draft compliance order or a compliance order may elect to forfeit their accreditation or the accreditation of the relevant service, whichever is the subject of the draft order or order.
2: The TF provider must tell the TF authority that it wishes to do so within 5 working days of receiving the draft order or order.
3: If the authority receives the advice referred to in subsection (2) for a draft compliance order, it must cancel the accreditation in place of issuing a compliance order.
4: If the authority receives the advice after issuing a compliance order, it must cancel both the accreditation and the compliance order.
91: TF authority may vary or cancel compliance order
1: A TF provider may apply to the TF authority to vary or cancel a compliance order on the ground that there has been an error of fact or law.
2: The authority may do so on terms it considers appropriate. 2020 No 31 s 127 Suspension or cancellation of accreditation following finding of breach
92: Suspension of accreditation
1: This section applies if the TF authority has suspended the accreditation of a TF provider or a service they provide—
a: by suspending them or it under section 83(1)(d)
b: by suspending them or it under section 83(2) section 89
2: The suspension may be for any period the authority considers appropriate, but it may reinstate the accreditation earlier if it is satisfied that—
a: any steps specified under section 83(1)(d)
b: the TF provider has complied with the compliance order.
3: However, before making a decision under this section, the authority must—
a: take reasonable steps to give notice to the TF provider that it is considering suspending the accreditation and give them a reasonable opportunity to comment; and
b: take into account any comments they make.
93: Cancellation of accreditation
1: This section applies if the TF authority has cancelled the accreditation of a TF provider or a service they provide—
a: by cancelling it under section 83(1)(e)
b: by cancelling it under section 83(2) section 89
2: However, before making a decision under this section, the authority must—
a: take reasonable steps to give notice to the TF provider that it is considering cancelling the accreditation and give them a reasonable opportunity to comment; and
b: take into account any comments they make.
94: Suspension or cancellation if breach on 3 or more occasions
1: If a TF provider is found to have breached any of the following on at least 3 separate occasions in a 12-month period, the TF authority may suspend or cancel their accreditation or the accreditation of the relevant service they provide:
a: a TF rule:
b: a regulation:
c: a term of use of an accreditation mark:
d: a provision of this Act.
2: The suspension may be for any period the authority considers appropriate, but it may reinstate the accreditation earlier if it is satisfied the suspension is no longer needed.
3: The authority must take reasonable steps to give notice to the TF provider of the suspension or cancellation, but need not give them an opportunity to comment before suspending or cancelling the accreditation. Suspension or cancellation of accreditation for other reasons
95: Suspension or cancellation of accreditation
1: The accreditation of a TF provider or of a service they provide may be suspended or cancelled by the TF authority if the TF provider—
a: is convicted of an offence under this Act:
b: has ceased to operate all or a substantial proportion of their accredited digital identity services:
c: is declared bankrupt or insolvent, or is unable to pay their debts as they fall due, or enters into an arrangement with creditors as a consequence of defaulting on a payment relating to a debt:
d: is a director of a company that has been put into receivership or liquidation:
e: has a receiver appointed for a business through which accredited services are provided:
f: does something or omits to do something that, in the view of the authority, may pose a risk to—
i: the security, privacy, confidentiality, or safety of the information of any trust framework participants:
ii: the integrity or reputation of the trust framework.
2: This section applies whether or not the authority has found a breach by a TF provider.
3: The suspension may be for any period the authority considers appropriate, but it may reinstate the accreditation earlier if it is satisfied the suspension is no longer needed.
4: However, before making a decision under this section, the authority must—
a: take reasonable steps to give notice to the TF provider that it is considering suspending or cancelling the accreditation and give them a reasonable opportunity to comment; and
b: take into account any comments they make.
5: For the purposes of subsection (1), the authority may take into account information that it reasonably believes is likely to be accurate.
6: In this section, TF provider Offences
96: Offence to knowingly or recklessly misrepresent provider to be TF provider or service to be accredited service
1: A person who knowingly or recklessly represents themselves to be a TF provider when they are not commits an offence and is liable on conviction to,—
a: in the case of an individual, a maximum fine of $50,000:
b: in the case of a body corporate, a maximum fine of $100,000.
2: A person who knowingly or recklessly represents a digital identity service to be an accredited service when it is not (including using an accreditation mark when not entitled to do so) commits an offence and is liable on conviction to,—
a: in the case of an individual, a maximum fine of $50,000:
b: in the case of a body corporate, a maximum fine of $100,000.
97: Offence to misuse accreditation mark
A person who knowingly or recklessly uses an accreditation mark in a manner that is contrary to the terms of use set by the TF authority commits an offence and is liable on conviction to,—
a: in the case of an individual, a maximum fine of $50,000:
b: in the case of a body corporate, a maximum fine of $100,000.
98: Offence to knowingly or recklessly give false information to TF authority in application for accreditation
1: A person who knowingly or recklessly gives false information to the TF authority in an application for accreditation commits an offence and is liable on conviction to,—
a: in the case of an individual, a maximum fine of $50,000:
b: in the case of a body corporate, a maximum fine of $100,000.
2: In this section, application for accreditation
a: an application for accreditation under section 23
b: an application for reconsideration under section 29
c: an application for renewal of accreditation under section 31
d: an application for provisional accreditation under section 32
e: any communication with the authority relating to an application in paragraphs (a) to (d), whenever the communication is made.
99: Offence to fail to give key information or specified information in application for accreditation
1: A person who makes an application for accreditation and who fails without reasonable excuse to give the TF authority key information or specified information in the application commits an offence and is liable on conviction to,—
a: in the case of an individual, a maximum fine of $10,000:
b: in the case of a body corporate, a maximum fine of $20,000.
2: In this section and section 100 application for accreditation
a: an application for accreditation under section 23
b: an application for reconsideration under section 29
c: an application for renewal of accreditation under section 31
d: an application for provisional accreditation under section 32
e: any communication with the authority relating to an application in paragraphs (a) to (d), whenever the communication is made key information section 24(1)(b)(i) specified information section 25(1)
100: Offence to fail to tell TF authority of change to key information or specified information
1: A person who makes an application for accreditation and who fails without reasonable excuse to tell the TF authority of a change to key information or specified information, as required by section 33
a: in the case of an individual, a maximum fine of $10,000:
b: in the case of a body corporate, a maximum fine of $20,000.
2: A TF provider that fails without reasonable excuse to tell the TF authority of any change to key information or specified information, as required by section 33
a: in the case of an individual, a maximum fine of $10,000:
b: in the case of a body corporate, a maximum fine of $20,000.
101: Offence to obstruct TF authority
A person who, without reasonable excuse, obstructs the TF authority when it is carrying out its functions or exercising its powers commits an offence and is liable on conviction to,—
a: in the case of an individual, a maximum fine of $10,000:
b: in the case of a body corporate, a maximum fine of $20,000.
7: Regulations, immunity from civil liability, and reviews
Regulations
102: Regulations
1: The Governor-General may, on the recommendation of the Minister, by Order in Council, make regulations for 1 or both of the following purposes:
a: providing for anything this Act says may or must be provided for by regulations:
b: providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
2: The TF board may recommend draft regulations to the Minister.
3: Before regulations are made under this section, the Minister must consult the Office of the Privacy Commissioner.
4: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Immunity from civil liability
103: Immunity for members and staff of TF board and TF authority, members of Māori Advisory Group, and members of advisory committees who are not public service employees
1: This section applies to a member of the TF board, the TF authority, the Māori Advisory Group, and any advisory committee, and a staff member of the board or the authority, who is not a public service employee.
2: Section 104
104: Immunity for TF providers for actions of users
1: A TF provider is immune from liability in civil proceedings for a claim that a user, when using an accredited digital identity service provided by the TF provider, has caused harm or damage to an individual or organisation or has themselves suffered harm or damage.
2: However, subsection (1) does not apply—
a: if an act or omission by a TF provider relating to the alleged harm or damage constitutes bad faith or gross negligence:
b: to proceedings arising from a complaint under the Privacy Act 2020
3: In this section,— TF provider using an accredited digital identity service
a: using an accredited service for a transaction with a relying party; or
b: communicating or interacting with a TF provider in relation to the provision of that service to the user. 2012 No 123 s 65(5) 2012 No 124 s 20(3) Reviews
105: Review of TF board’s operation
1: A review of the TF board’s operation must be commenced by its responsible department as soon as practicable after the second anniversary of the commencement of section 43
2: As soon as practicable after that date, the Minister must set a date for completion of the review.
3: The review must include—
a: an assessment of the effectiveness of the board in carrying out its functions; and
b: an assessment of the viability of other models for carrying out the board’s functions; and
c: an assessment of how other models might better—
i: ensure the privacy and security of user information (including Crown-held data) and protect it from unauthorised use; and
ii: provide opportunities for Māori engagement in the trust framework.
d: consideration of whether, taking into account the matters in paragraphs (a) to (c) and any other relevant matters, the board should be established as a Crown entity.
4: The review may include other matters as the department considers appropriate.
5: The Minister must present a copy of the review to the House of Representatives as soon as practicable after receiving it from the department.
106: Review of complaints process and dispute resolution scheme
1: A first review of the complaints process and dispute resolution scheme operated by the TF authority under this Act (including if this is done by persons or organisations under section 76(3)
a: in the case of the complaints process, the commencement of section 69
b: in the case of the dispute resolution scheme, the commencement of section 76
2: Subsequent reviews of that process and scheme must be undertaken by the authority at 5-yearly intervals from the date on which the first review (in each case) is commenced. |
LMS312644 | 2023 | Organic Products and Production Act 2023 | 1: Title
This Act is the Organic Products and Production Act 2023.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: increase consumer confidence when purchasing products described as organic; and
b: increase certainty for businesses making organic claims; and
c: facilitate international trade in organic products.
4: Te Tiriti o Waitangi/Treaty of Waitangi
In order to recognise and respect the Crown’s responsibility to give effect to the principles of te Tiriti o Waitangi Treaty of Waitangi
a: with respect to section 73
b: with respect to the following provisions (which relate to powers to make regulations, or to issue notices supplementing organic standards), before recommending the making of regulations or issuing a notice, the relevant Minister or relevant chief executive, as the case may be, must be satisfied that there has been consultation with Māori (or their representatives) that appear to the consulter likely to be substantially affected by the regulations or notice:
i: section 130
ii: section 133
iii: section 134
iv: section 135
v: section 138
vi: section 139
vii: section 140
viii: section 141
ix: section 142
c: with respect to section 150
5: Outline of Act
1: Part 1
a: the purpose of the Act; and
b: how the Act recognises and respects the Crown’s responsibility to give effect to the principles of te Tiriti o Waitangi Treaty of Waitangi
c: the interpretation of terms used; and
d: that the Act binds the Crown.
2: Part 2
a: to approve operators so that they can describe products as organic; and
b: to recognise a range of entities that have oversight of operators’ activities.
3: Part 3
4: Part 4
5: Part 5
a: the appointment of organic products officers and the other powers of the relevant chief executive; and
b: infringement offences; and
c: other offences.
6: Part 6
7: Part 7
8: Part 8
9: This section is only a guide to the general scheme of this Act.
6: Interpretation
In this Act, unless the context otherwise requires,— advertising chief executive described as organic section 9 export exporter final consumer service section 16 financial year importer import infringement fee infringement offence issuing officer section 3(1) marae Minister
a: in relation to this Act, means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for its administration; but
b: in relation to administering the organic products regime under this Act, secondary legislation made under it, and directions given under it, with regard to a particular organic standard, means the relevant Minister Ministry
a: in relation to this Act, means the department as defined in section 5
b: in relation to administering the organic products regime under this Act, secondary legislation made under it, and directions given under it, with regard to a particular organic standard, means the relevant Ministry official assurance section 64 operator section 19 organic products officer section 79 organic standard
a: means a relevant organic standards regulation; and
b: includes any relevant organic standards notice organic standards notice section 142 organic standards regulation section 130 recognised agency
a: a person recognised by a relevant chief executive under section 31
b: a group of persons recognised by a relevant chief executive under section 34(1) recognised class section 33 member of a recognised class recognised entity recognised person section 32 regulations relevant chief executive relevant Minister relevant Ministry section 5 restricted by an organic standard section 10 specified functions and duties standard work of reference supplementary notice section 143(2) vehicle section 3(1) verification
a: in relation to an organic standard, the matters specified in regulations made under section 135
b: in relation to a product that is described as organic and for the export of which an official assurance is required, whether the product meets the requirements for the official assurance; and
c: whether an operator (or other person referred to in section 26(2) verifier verifying agency
7: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
8: Act binds the Crown
This Act binds the Crown. Meaning of some key terms
9: Meaning of described as organic
A product, whether or not restricted by an organic standard, is described as organic organic organically grown organically produced organic standards
10: Meaning of restricted by an organic standard
A product is restricted by an organic standard
2: General matters, and approval and recognition
1: General matters
Limits on how product may be described
11: Limits on how product may be described
1: A person selling or marketing a product, other than an imported product, that is restricted by an organic standard must not describe the product as organic unless the product complies with the standard.
2: In relation to an imported product, see section 61 Actions before product restricted by an organic standard
12: Actions that may be taken before product is restricted by an organic standard
Between the time, if any, that an organic standard is made and when a product is restricted by it, a person may do any of the following in relation to the product:
a: apply to be and be approved as an operator:
b: apply to be and be recognised as a recognised entity:
c: voluntarily comply with the organic standard:
d: use a national mark. Use of national mark
13: Use of national mark
A prescribed class of person may use a national mark on or in relation to products or services if the use is in accordance with any prescribed requirements.
2: Approval as operator
Who must be approved
14: Approved operator may be part of group of operators
For the purposes of this Part, a reference to a person’s application to be approved as an operator or their approval as an operator may also be read as a reference to the person’s application to be approved, or their approval, as one of a group of operators.
15: Who must, need not, or may be approved as operator
1: A person selling or marketing a product, or importing a product to sell or market it, must be approved as an operator in regard to the product if it is restricted by an organic standard.
2: Subsection (1) does not apply to a person to the extent that the person—
a: is providing a final consumer service; or
b: is a retailer selling products restricted by an organic standard if—
i: the only products restricted by an organic standard and described as organic that the retailer is selling are already prepackaged by a person other than the retailer when the retailer acquires them; and
ii: the retailer sells the products with the prepackaging intact.
3: Despite subsection (2)(b), the following must be approved as an operator:
a: an importer, if the importer is also retailing the products that the importer has imported and that are described as organic, in the circumstances set out in that paragraph:
b: an exporter, if the exporter is also retailing the products that are described as organic, in the circumstances set out in that paragraph.
4: A person may apply to be approved as an operator if the person—
a: provides a service that can affect whether a product, that is restricted by an organic standard or in relation to which an organic standard can be voluntarily complied with (as referred to in section 12(c)
b: does not describe the product as organic in providing the service.
16: Meaning of final consumer service
A final consumer service
a: the preparation and service of a food or drink product described as organic, whether or not the product is restricted by an organic standard, at premises where consumers purchase the product ready to consume on the premises or elsewhere, for example, a restaurant; or
b: the use of a product described as organic, whether or not the product is restricted by an organic standard, in a service provided to a final consumer, for example, the use by a hairdresser in providing hairdressing services of a hair product labelled as organic by a person other than the hairdresser; or
c: a service that is declared by the Governor-General, by Order in Council under section 133 final consumer service
d: does not include a service that is declared by the Governor-General, by Order in Council under section 133 final consumer service How to apply for approval
17: Applying for approval
A person or persons seeking the relevant chief executive’s approval as an operator or group of operators must—
a: apply in the form approved by the relevant chief executive for that purpose; and
b: provide any prescribed information.
18: Considering whether to approve as operator
1: A relevant chief executive who receives an application from a person or persons must be satisfied that any product or class of products, other than any imported product or class of products, in relation to which the person, or each person, is seeking approval complies with, or can comply with, the relevant organic standard (whether because a product is restricted by the organic standard or by voluntarily complying with the standard as referred to in section 12(c)
2: A relevant chief executive who receives an application from a person or persons must be satisfied that any imported product or class of products described as organic—
a: complies with, or can comply with, approval of that product or class of products given by notice issued under section 143(1) section 62
b: if no such notice has been issued, complies with, or can comply with, the relevant organic standard (to the extent that is practicable, given that the product was not produced or processed in New Zealand), whether because a product is restricted by the organic standard or by voluntarily complying with the standard as referred to in section 12(c)
3: In addition to the matters in subsection (1) or (2) (as the case requires), the chief executive must also be satisfied that the person, or each person,—
a: is complying with, or can comply with, any other prescribed requirements; and
b: is a fit and proper person and competent to be an operator.
4: When considering the matters in subsection (1) or (2) and subsection (3)(a), the chief executive must—
a: consider the assessments and other prescribed information the recognised entity provides in regard to the person or group of persons; and
b: follow any prescribed process.
5: When considering the matters in subsection (3)(b), the chief executive must take into account any prescribed matters. Granting or refusing approval
19: Granting or refusing approval
1: A relevant chief executive who determines that the person meets the criteria referred to in section 18(1) or (2) (3)
a: consider whether to impose a condition on approval, and impose it if the chief executive considers it appropriate; and
b: approve the person as an operator; and
c: notify the person of the approval in accordance with any prescribed requirements; and
d: specify the expiry date of the approval, if it is of fixed duration.
2: A relevant chief executive who proposes to refuse approval must act in accordance with section 51
3: The chief executive must refuse approval if the chief executive determines that the person does not meet the criteria referred to in section 18(1) or (2) (as the case requires) and (3)
a: after any review as part of the procedure under section 51
b: if the person does not respond to notice of the proposed refusal, after the time has expired for applying to review the proposed refusal.
4: The chief executive must notify the person of the refusal—
a: in accordance with any prescribed requirements; and
b: giving the reasons for the refusal.
20: When condition on approval may be imposed
A relevant chief executive may impose a condition on approval before or after approval.
21: Varying conditions of approval
A relevant chief executive who imposes conditions of approval may also vary the conditions if the chief executive considers it appropriate in the circumstances.
22: Proposing after approval to impose or vary condition of approval
1: A relevant chief executive who proposes, after approval, to impose or vary a condition of approval must act in accordance with section 51
2: The chief executive may impose or vary the condition—
a: after following the process referred to in subsection (1); or
b: if the applicant does not respond to notice of the proposed condition, after the time has expired for applying to review the proposed imposing or varying of the condition.
23: Duties of operator
An operator must—
a: ensure that they can carry out the specified activities they are approved for; and
b: ensure that they can comply with all applicable requirements of this Act, secondary legislation made under it, and directions given under it; and
c: comply with any conditions of approval; and
d: comply with all applicable directions given under this Act; and
e: report to the relevant Ministry, in accordance with any applicable requirements of this Act, secondary legislation made under it, or any direction given under it, any matter that the operator is required to report. Approval not transferable
24: Operator’s approval not transferable
Approval cannot be transferred from one operator to another person. Further requirements for operators: tracing and recall, and verification
25: Operator must comply with tracing and recall requirements
1: An operator must, as and when required by regulations made under section 134
a: have in place any procedures for tracing and recalling products described as organic (whether or not the product is restricted by an organic standard); and
b: conduct simulations or other tests of those procedures; and
c: implement those procedures to trace or recall products described as organic.
2: This section applies also to—
a: a person that, although exempt from some of the requirements of, or obligations under, this Act, secondary legislation made under it, or directions given under it (including the requirement to be approved as an operator), is required, despite the exemption, to comply with tracing and recall requirements; and
b: any other person that has, or is in a class of persons who have, any obligation under this Act or secondary legislation made under it; and
c: a person that is, or is in a class of persons that is, specified by regulations.
26: Operator must comply with verification requirements
1: An operator must—
a: give a verifier or verifying agency—
i: the access to places, things, and information that the verifier or verifying agency reasonably needs to undertake the verification; and
ii: any reasonable assistance requested by the verifier or verifying agency to undertake the verification; and
b: comply with any other requirements relating to the verification set out in regulations made under section 135
2: This section applies also to—
a: a person that, although exempt from some of the requirements of, or obligations under, this Act, secondary legislation made under it, or directions given under it (including the requirement to be approved as an operator), is required, despite the exemption, to comply with verification requirements; and
b: any other person that has, or is in a class of persons who have, any obligation under this Act or secondary legislation made under it; and
c: a person that is, or is in a class of persons that is, specified by regulations. Ongoing or ceasing approval
27: Renewal of approval
1: If an operator has approval of fixed duration and wishes to continue to be approved after expiry of the specified duration of their approval, they must apply in the prescribed way and within the prescribed time for renewal of their approval.
2: If an operator fails to apply for renewal in the prescribed way or within the prescribed time, they will be treated as having made a new application for approval.
3: Section 19
28: Surrendering approval
1: An operator may surrender their approval in whole or in part.
2: If an operator surrenders approval,—
a: the operator must notify the relevant chief executive in writing; and
b: the chief executive must acknowledge that in writing.
29: Suspending approval
1: The relevant chief executive may suspend an operator’s approval, in whole or in part, if the chief executive determines that—
a: the operator has failed to provide the access to the operator’s property, things, or information that is necessary for the chief executive, an organic products officer, or a recognised entity to carry out their specified functions and duties; or
b: the product or any class of product in relation to which the operator has been approved has failed to meet the relevant organic standard; or
c: the operator has failed to provide the prescribed evidence that demonstrates compliance with the standard; or
d: the operator has failed to meet any other obligations under this Act, secondary legislation made under it, or directions given under it.
2: Suspension continues until the earliest of the following:
a: the chief executive considers that the relevant failure has been rectified:
b: the operator surrenders their approval:
c: the operator’s approval is withdrawn.
3: The chief executive must notify the operator in writing of the suspension and—
a: the reasons for it; and
b: its duration; and
c: any other prescribed information.
4: The duration of the suspension referred to in subsection (3)(b) must not exceed—
a: 3 months; or
b: any further time that the chief executive allows by notice in writing.
30: Withdrawing approval
1: A relevant chief executive may withdraw an operator’s approval, in whole or in part, if the chief executive has reasonable grounds to believe that—
a: the suspension period allowed for rectifying a failure has expired and the failure has not been rectified; or
b: suspension might be used but has not proven effective in the past; or
c: the person has ceased to act as an operator; or
d: the operator has failed to pay any fees, charges, or levies imposed by this Act or regulations.
2: A chief executive who proposes to withdraw approval must act in accordance with section 51
3: The chief executive must notify the operator of the withdrawal of approval—
a: in accordance with any prescribed requirements; and
b: giving the reasons for the withdrawal.
3: Recognising entities
Who must apply for recognition and how to gain it
31: Recognising agencies
1: A person seeking recognition as an agency responsible for the management and carrying out of specified functions and duties relating to organic compliance must apply to the relevant chief executive for recognition—
a: in the form approved by the relevant chief executive for the purpose; and
b: providing any prescribed information.
2: The relevant chief executive must recognise the applicant if, and must not recognise the applicant unless, the chief executive—
a: has considered whether to impose a condition on recognition, and imposes it if the chief executive considers it appropriate after following the process in section 40
b: is satisfied that the person is a fit and proper person and competent to carry out the specified functions and duties for which recognition is sought.
3: When ascertaining the matters in subsection (2)(b), the chief executive must take into account any prescribed matters.
32: Recognising natural persons
1: A natural person who wants to be recognised to carry out specified functions and duties relating to organic compliance must apply to the relevant chief executive for recognition.
2: The relevant chief executive must recognise the applicant if, and must not recognise the applicant unless, the chief executive—
a: has considered whether to impose a condition on recognition, and imposes it if the chief executive considers it appropriate after following the process in section 40
b: is satisfied that the applicant is a fit and proper person and competent to carry out the specified functions and duties for which recognition is sought.
3: Without limiting subsection (2)(a), the chief executive must consider whether to impose a condition requiring the applicant to be managed, employed, or engaged by a recognised agency when carrying out some or all of the functions and duties for which recognition is sought.
4: When ascertaining the matters in subsection (2)(b), the chief executive must take into account any prescribed matters.
33: Recognising classes of natural persons
1: A person who wants a class of natural persons to be recognised to carry out specified functions and duties relating to organic compliance must apply to the relevant chief executive for recognition.
2: The relevant chief executive must, after following the processes in subsections (3) and (4), recognise the class of natural persons to carry out specified functions and duties if, and must not recognise the class of natural persons to carry out specified functions and duties unless, the chief executive is reasonably satisfied that the applicant—
a: represents the class of persons; or
b: is an appropriate person to make an application on behalf of the class of persons.
3: Before recognising a class of natural persons, the chief executive must—
a: consult the members of the class about whether it is an appropriate class to carry out the specified functions and duties for which the class is proposed to be recognised; and
b: be satisfied that the class is an appropriate class to carry them out; and
c: have considered whether to impose a condition on recognition, and impose it if the chief executive considers it appropriate after following the process in section 40
4: In determining whether a class is an appropriate class, the chief executive may take into account any matters the chief executive considers relevant, and must take into account—
a: whether the class can be defined with appropriate accuracy and specificity; and
b: the degree to which the qualifications and skills of members of the class correspond with competency to carry out the specified functions and duties for which the class is proposed to be recognised; and
c: whether any member of the class should be refused recognition because the chief executive considers on reasonable grounds that the member is not a fit and proper person or does not satisfy the matters referred to in paragraph (b); and
d: any other prescribed matters.
5: If a class of persons is recognised,—
a: each member of the class, except for a member refused recognition in terms of subsection (4)(c),—
i: is a recognised person; and
ii: is subject to the duties of recognised persons; and
iii: may independently carry out the specified functions and duties for which the class is recognised; and
b: references to the recognised class are to be read, unless otherwise indicated, as references to each member of the class (except for a member refused recognition in terms of subsection (4)(c)). Who does not need to apply for recognition
34: Relevant chief executive may recognise certain entities without application
1: A relevant chief executive may, without receiving an application, recognise any of the following as an agency that is responsible for the management and carrying out of specified functions and duties relating to organic compliance:
a: the relevant Ministry:
b: a group of natural persons within the Ministry that is designated by the chief executive for the purpose.
2: A relevant chief executive may, without receiving an application, recognise any of the following natural persons or a class of them to carry out specified functions and duties relating to organic compliance:
a: an officer or employee of the relevant Ministry:
b: an officer or employee of any department as defined in section 5
3: Section 31 sections 32 33 Natural person may be recognised as different types of recognised entity
35: Interrelationship between sections 31 to 34
A natural person may be recognised under any 1 or more of sections 31 to 34 Refusing, granting, and varying conditions of recognition
36: Refusing application for recognition
1: A relevant chief executive who proposes to refuse recognition must act in accordance with section 51
2: The chief executive must refuse recognition if the chief executive determines that the applicant does not meet the criteria for recognition—
a: after the process set out in subsection (1); or
b: if the applicant does not respond to notice of the proposed refusal, after the time has expired for applying to review the proposed refusal.
37: Granting recognition
1: A relevant chief executive who agrees to recognise an agency or a natural person must, in writing,—
a: notify the entity; and
b: specify the functions and duties in relation to which the entity is recognised; and
c: specify the type of organic products in relation to which the entity is recognised; and
d: state any conditions to which recognition is subject; and
e: specify the duration of the recognition.
2: A relevant chief executive who agrees to recognise a class of natural persons must—
a: notify the recognition on the relevant Ministry’s Internet site; and
b: in writing, to the applicant referred to in section 33(1)
i: specify the functions and duties in relation to which the class is recognised; and
ii: specify the type of organic products in relation to which the class is recognised; and
iii: state any conditions to which recognition is subject, including whether a member of the class is not recognised; and
iv: specify the duration of the recognition.
3: Recognition begins,—
a: for an agency or a natural person, on the date stated in the notice given under subsection (1)(a); and
b: for a class of natural persons, on the date on which the relevant chief executive notifies the recognition under subsection (2)(a).
38: When condition on recognition may be imposed
A relevant chief executive may impose a condition on recognition before or after recognition.
39: Varying conditions of recognition
A relevant chief executive who imposes conditions of recognition may also vary the conditions if the chief executive considers it appropriate in the circumstances.
40: Proposing after recognition to impose or vary condition of recognition
1: A relevant chief executive who proposes, after recognition, to impose or vary a condition of recognition must act in accordance with section 51
2: The chief executive may impose or vary the condition—
a: after following the process referred to in subsection (1); or
b: if the applicant does not respond to notice of the proposed condition, after the time has expired for applying to review the proposed imposing or varying of the condition. Recognition not transferable
41: Recognition not transferable
Recognition cannot be transferred from one recognised entity to another person or class of persons. Duties of recognised entity
42: Duties of recognised entity
1: A recognised entity must ensure that they—
a: can carry out the specified functions and duties they are recognised for; and
b: carry out only specified functions and duties that are within the scope of their recognition; and
c: comply with any conditions of recognition; and
d: maintain an appropriate degree of independence and impartiality; and
e: maintain appropriate confidentiality; and
f: manage conflicts of interest; and
g: comply with all applicable directions given under this Act; and
h: report to the relevant Ministry, in accordance with any applicable requirements of this Act, secondary legislation made under it, or any direction given under it, any matter that the recognised entity is required to report; and
i: can comply with all applicable requirements of this Act, secondary legislation made under it, and directions given under it.
2: A recognised agency must also ensure that—
a: each recognised natural person or member of a recognised class of natural persons that it manages maintains competency to undertake their duties under subsection (1); and
b: they have adequate resources and systems in place to ensure that they can comply with their duties under subsection (1).
43: Recognised entity accountable to chief executive
A recognised entity is accountable to the relevant chief executive when carrying out their specified functions or duties, even when they have subcontracted them to other parties.
44: Recognised entity may act in other capacities
A recognised entity may carry out functions or activities that are outside the scope of their specified functions or duties, but must not do so—
a: in their capacity as a recognised entity; or
b: while purporting to act as a recognised entity.
45: Relevant chief executive may require notification of termination of contracts
1: A relevant chief executive may, by notice under section 143
2: The notice may apply generally or to any particular case or class of case.
3: The recognised entity must notify the relevant chief executive in writing of the termination as soon as practicable, and in no case later than 7 days after it occurs.
4: A notice issued under section 143 see Part 3 Ongoing or ceasing recognition
46: Renewal of recognition
1: A recognised entity wishing to continue to be recognised must apply in the prescribed way and within the prescribed time for renewal of their recognition.
2: A recognised entity that fails to apply for renewal in the prescribed way or within the prescribed time will be treated as making a new application for recognition.
3: Sections 31 to 33 36 to 40
47: Surrendering recognition
1: A recognised entity may surrender their recognition in whole or in part.
2: A recognised entity that surrenders recognition must notify, in writing,—
a: the relevant chief executive; and
b: if the entity is a recognised natural person, their recognised agency, if any.
3: The chief executive must acknowledge in writing a notice received under subsection (2)(a).
4: The surrender takes effect on the earliest of the following:
a: a date specified in the notice:
b: the date when the chief executive updates the public register for the recognised entity:
c: the date when the chief executive removes the entity from the register.
5: The entity must also take steps, as soon as practicable, to notify the operators that they manage that recognition has been surrendered or surrendered in relation to the part that applies to the operator, as the case may be.
48: Suspending recognition of recognised entity
1: The relevant chief executive may suspend recognition in whole or in part of a recognised entity if the chief executive determines that the entity or a significant proportion of the recognised class, as the case may be, has failed—
a: to comply with or satisfactorily perform their obligations under this Act, secondary legislation made under it, or directions given under it; or
b: to meet any other prescribed criteria.
2: When suspending recognition, the chief executive may do any of the following:
a: impose conditions or further conditions that must be complied with before suspension is lifted:
b: require the suspended entity to take corrective actions:
c: take any other prescribed action.
3: When suspending recognition, the chief executive must, in writing,—
a: notify—
i: the entity; and
ii: if the suspended entity is employed by a recognised agency, the recognised agency; and
b: specify—
i: the functions or duties the suspension relates to; and
ii: the reason for suspension; and
iii: the duration of the suspension (which must not exceed 3 months, or any further time that the chief executive allows by notice in writing); and
iv: any other prescribed matters.
4: Suspension continues until the earliest of the following:
a: the chief executive considers that the relevant failure has been rectified:
b: the recognised entity surrenders their recognition:
c: the recognised entity’s recognition is withdrawn.
5: Suspension does not affect any other actions the chief executive may take under this Act, secondary legislation made under it, or directions given under it.
49: Withdrawing recognition
1: A relevant chief executive may withdraw recognition from a recognised entity, in whole or in part, if the chief executive has reasonable grounds to believe that—
a: for the entity or a significant proportion of the recognised class, as the case may be, the suspension period allowed for rectifying the failure has expired and the failure has not been rectified; or
b: suspension might be used but has not proven effective in the past; or
c: the entity or a significant proportion of the recognised class, as the case may be, has ceased to carry out the specified functions and duties they are recognised for; or
d: the entity or a significant proportion of the recognised class, as the case may be, has failed to pay any fees, charges, or levies imposed by this Act or regulations.
2: A chief executive who proposes to withdraw recognition must act in accordance with section 51
3: The entity must also take steps, as soon as practicable, to notify the operators that they manage that recognition has been withdrawn or withdrawn in relation to the part that applies to the operator, as the case may be.
4: Provisions applying to both approval and recognition
Requesting information
50: Requesting further information from applicant
1: A relevant chief executive may require an applicant to supply further information or material before determining whether to grant approval or recognition.
2: An application for approval or recognition lapses if the additional information or other material is not supplied within the time specified in or allowed under section 157
51: Proposing to refuse or withdraw approval or recognition or to impose or vary conditions after approval or recognition
1: A relevant chief executive who proposes to refuse or withdraw approval or recognition or, after approval or recognition, to impose or vary conditions of approval or recognition (as the case may be) must follow the prescribed process and time frames about review of the proposed decision, including—
a: notifying the person, operator, or entity about the proposed decision; and
b: giving the reasons for the proposed decision; and
c: providing the person, operator, or entity a reasonable opportunity to respond and have their responses considered; and
d: any other prescribed matters relating to the review of the proposed decision.
2: The relevant chief executive must notify a recognised class of persons under subsection (1)(a) on the relevant Ministry’s Internet site. Imposing and waiving fee
52: Fees and charges payable
An applicant for approval or recognition, or a recognised entity, must pay the prescribed fees and charges (if any) to become approved or recognised or to renew approval or recognition, as the case may be, except as provided in section 53
53: Relevant chief executive must consider exemption, waiver, or refund of fees, etc
1: The relevant chief executive must consider an exemption, a waiver, or a refund of fees, charges, or levies if—
a: an application is made concurrently for more than 1 type of approval or recognition, for example, when a person applies concurrently for recognition as both a recognised agency and a recognised natural person; or
b: an application is made to renew more than 1 type of approval or recognition; or
c: a person is liable to pay a prescribed fee, charge, or levy for more than 1 type of ongoing approval or recognition; or
d: the chief executive is authorised to do so by regulations made under section 141(1)(b)
2: The chief executive must comply with any regulations made under section 141(2) Public register of operators and recognised entities
54: Public register of operators and recognised entities
1: A relevant chief executive must keep and maintain a public register of all—
a: operators approved by the chief executive; and
b: recognised entities recognised by the chief executive.
2: The chief executive must keep the public register in a manner that the chief executive sees fit, but so that the register—
a: can be stored, accessed, and reproduced, including by electronic means; and
b: enables the public, operators, and recognised entities to know details of operators and recognised entities for the purposes of this Act; and
c: facilitates the compliance, audit, and other supportive functions of the relevant Ministry under this Act.
55: Content of register
A relevant chief executive must hold the following information in the register in relation to each operator and recognised entity:
a: name:
b: contact details:
c: any other prescribed information.
56: Access to register
1: A relevant chief executive must—
a: make the register 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 relevant Ministry; and
b: supply a copy of information contained in the register at no more than a reasonable cost to a person who requests the information.
2: The chief executive may determine that a person’s address must not be available for inspection or otherwise disclosed if the chief executive is satisfied, on the person’s application, that the disclosure of the person’s physical address (as entered in the register) would be prejudicial to the personal safety of the person or the person’s family.
57: Removal from register
A relevant chief executive must, as soon as practicable, remove the following from the register:
a: an operator or a recognised entity, if approval or recognition is surrendered or withdrawn:
b: a recognised entity, if the entity’s recognition period expires. Operator and recognised entity information and records
58: Operator and recognised entity to provide information
1: An operator or a recognised entity must provide the relevant chief executive with the following information and keep it up to date:
a: name:
b: contact details:
c: any other prescribed information relating to the requirements of this Act, secondary legislation made under it, or directions given under it.
2: This section applies also to a person that, although exempt from some of the requirements of, or obligations under, this Act, secondary legislation made under it, or directions given under it (including the requirement to be approved as an operator or recognised as a recognised entity), is required despite the exemption to provide this information.
59: Duty to keep records
1: An operator or a recognised entity must keep records relating to the following matters:
a: information showing that they meet the requirements of this Act, secondary legislation made under it, and directions given under it; and
b: any required samples for testing and the results of those tests; and
c: any other prescribed matters.
2: The operator or recognised entity must keep the records—
a: for the prescribed period; and
b: in the prescribed manner, if any.
3: The operator or recognised entity must give information in the records, with reasonable notice, at any reasonable time, to any of the following who request it:
a: the relevant chief executive:
b: an organic products officer:
c: any other prescribed person.
4: The operator or recognised entity must, if requested, provide the information by any or all of the following:
a: giving the person access to the information:
b: allowing the person to inspect the information:
c: allowing the person to make copies of the information.
5: This section applies also to a person that, although exempt from some of the requirements of, or obligations under, this Act, secondary legislation made under it, or directions given under it (including the requirement to be approved as an operator or recognised as a recognised entity), is required despite the exemption to keep records. Disclosure of information
60: Disclosing information collected under Act
1: The purpose of this section is to ensure that approved agencies and other persons involved in organic standards or the administration of other requirements of this Act, secondary legislation made under it, or directions given under it, are able to disclose to each other any information that is necessary or desirable—
a: to promote the purpose of this Act; or
b: to enable persons to perform their functions or duties, or exercise their powers, under this Act, secondary legislation made under it, or directions given under it.
2: Despite information privacy principles 2 and 11 set out in section 22
a: this Act, secondary legislation made under it, or directions given under it:
b: any other Act that is declared by the Governor-General, by Order in Council made under section 136
3: Nothing in subsection (2) authorises the disclosure of any information to an approved agency listed in subsection (4)(f) to (i) unless the disclosure is necessary or desirable to enable them to properly discharge their obligations under this Act, secondary legislation made under it, or directions given under it.
4: In this section, approved agency
a: the Minister or a relevant Minister:
b: the Ministry or a relevant Ministry:
c: a Ministry that is for the time being charged with the administration of an Act referred to in subsection (2)(b):
d: the officers or employees of an approved agency:
e: a chief executive:
f: an operator:
g: a recognised entity:
h: an organic products officer:
i: any other person that is declared by the Governor-General, by Order in Council made under section 136
3: Imports and exports
61: Requirements on imported products
A person selling or marketing an imported product that is restricted by an organic standard must not describe the product as organic—
a: unless—
i: the product complies with the relevant standard; and
ii: the person meets any other prescribed requirements; or
b: unless the product is approved under section 62
62: Chief executive approval of foreign organic products for importation into New Zealand
1: A relevant chief executive may, by notice issued under section 143(1)
2: The relevant chief executive must not give approval unless satisfied that—
a: the foreign organic products regime for products or a class of products has equivalent or similar outcomes to the regime under this Act; and
b: the approval is consistent with the purpose of this Act.
3: The relevant chief executive may also—
a: impose conditions or a time limit on the approval under subsection (1); and
b: withdraw the approval if no longer satisfied of the matters in subsection (2).
63: Requirements on exports
1: A relevant chief executive may, by notice issued under section 143(1)
2: Without limiting subsection (1), export requirements may include any particular overseas market access requirements recognised by New Zealand.
3: A person must not export a product that is described as organic if the product is subject to a notice referred to in subsection (1) or restricted by an organic standard, unless—
a: the person is approved by the relevant chief executive as an operator that may export products described as organic; and
b: the product meets—
i: the relevant organic standard restricting it; and
ii: the export requirements that are prescribed or specified in a notice referred to in subsection (1).
4: If, under section 143(7)
a: must make it available for inspection free of charge, or for purchase at reasonable cost, to any persons who—
i: are affected by its requirements; and
ii: satisfy the relevant chief executive that their activities cannot be properly undertaken under this Act unless they have that access; and
b: is not required to make it available to any other person.
5: Subsection (4)—
a: prevails over section 143(8)
b: does not prevent the Director-General from charging for access to any Internet site or for information or services provided by any Internet site.
64: Official assurances
1: An official assurance
a: a specified process has been completed under this Act, secondary legislation made under it, or directions given under it, with respect to the product:
b: the product meets the relevant aspects of this Act, secondary legislation made under it, or directions given under it:
c: the overseas market access requirements of that foreign Government that are recognised by New Zealand, and that are stated in the assurance, have been met by the system under which the product was made:
d: the situation in New Zealand, in relation to any matter concerning New Zealand’s organic products regime, is as stated in the assurance.
2: The relevant chief executive may, on application by a person, as prescribed in regulations made under this Act or supplementary notices issued under it, issue an official assurance—
a: for the purposes of meeting the overseas market access requirements of that foreign Government; and
b: if satisfied that the relevant recognised requirements of the importing country are met.
3: The chief executive may withdraw the official assurance at any time if satisfied that—
a: it was incorrectly or inappropriately given; or
b: events or circumstances occurring since it was given mean that—
i: it no longer applies; or
ii: it is misleading.
4: Subsection (1) does not limit the matters to which an official assurance may apply.
65: Status of official assurances
1: An official assurance is not a guarantee that the contents of all or any part of a particular consignment—
a: meet commercial requirements; or
b: are fit for the intended purpose of the product; or
c: are fit for a purpose other than that for which the consignment was intended.
2: Subsection (1)(b) applies regardless of the following:
a: the status or description of the consumer:
b: what has happened to the consignment since it left New Zealand.
66: Providing statement of compliance
1: This section applies to a written statement that—
a: is about a product described as organic that is produced or processed and handled in New Zealand; and
b: is about a particular consignment of the product or a particular class of consignment of the product; and
c: is to the effect that the product in the consignment or class has been produced or processed and handled as required by—
i: this Act, secondary legislation made under it, or directions given under it; or
ii: a relevant organic standard voluntarily complied with (as referred to in section 12(c)
2: The relevant chief executive may, on application by a person, and as prescribed in regulations made under this Act or supplementary notices issued under it, give the person a statement if (and must not give the person a statement unless)—
a: the person is an exporter or intending exporter; and
b: the chief executive is satisfied that it is correct; and
c: the chief executive is satisfied that any specified process has been completed, if the process must be followed to check that the product has been produced or processed and handled as required by—
i: this Act, secondary legislation made under it, or directions given under it; or
ii: a relevant organic standard voluntarily complied with (as referred to in section 12(c)
3: The chief executive may withdraw the statement at any time if satisfied that—
a: it was incorrectly or inappropriately given; or
b: events or circumstances occurring since it was given mean that—
i: it no longer applies; or
ii: it is misleading.
4: The statement is not a guarantee that the contents of all or any part of a particular consignment to which it relates—
a: meet commercial requirements; or
b: are fit for the intended purpose of the product; or
c: are fit for a purpose other than that for which the consignment was intended; or
d: meet overseas market access requirements; or
e: are still meeting those requirements when they arrive in the overseas market.
67: No Crown liability for loss through exclusion from overseas market
The Crown, the relevant chief executive, and employees of the relevant Ministry are not liable in any civil proceedings for loss arising because the relevant authority of an overseas market does not admit a product described as organic, whether or not the product is restricted by an organic standard, about which the chief executive has issued an official assurance or given a statement of compliance.
68: Exemption from organic standard for exported product
1: The Governor-General may, by Order in Council made on the recommendation of the relevant Minister, make regulations exempting any class or classes of product restricted by an organic standard from specific requirements of the relevant organic standard if the products are—
a: intended for export from New Zealand; or
b: imported, and intended—
i: for export from New Zealand without further processing; or
ii: to be processed into product that is intended for export from New Zealand.
2: The Minister must not recommend the making of regulations under subsection (1) unless satisfied that it is appropriate to do so, having regard to the requirements of the relevant overseas market.
3: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
4: Cost recovery
69: Costs to be recovered
The relevant Minister and relevant chief executive must take all reasonable steps to ensure that the direct and indirect costs of administering this Act that are not funded by the Crown for the purpose are recovered by fees, charges, or levies.
70: Principles of cost recovery
1: In determining the most appropriate method of cost recovery, the relevant Minister and relevant chief executive must take into account, as far as is reasonably practicable, the following criteria:
a: equity, in that funding for a particular function, power, or service (the service
b: efficiency, in that costs should generally be allocated and recovered in order to ensure that maximum benefits are delivered at minimum cost:
c: justifiability, in that costs should be collected only to meet the actual and reasonable costs (including indirect costs) of the provision or performance of the service:
d: transparency, in that costs should be identified and allocated as closely as practicable in relation to tangible service provision for the recovery period in which the service is provided.
2: A strict apportionment of costs to be recovered based on usage of a particular service is not required, and a fee or charge may be set at a level or in a way that—
a: is determined by calculations that involve an averaging of costs or potential costs; and
b: takes into account costs or potential costs of services that—
i: are not directly to be provided to the person who pays the fee or charge, but that are an indirect or potential cost; and
ii: arise from the delivery of the service to a class of persons or all persons who use the service.
71: Methods of cost recovery
The methods by which costs may be recovered are any 1 or more of the following:
a: fixed fees or charges:
b: fees or charges based on a scale or formula or at a rate determined on an hourly or other unit basis:
c: use of a formula or other method of calculation for fixing fees and charges:
d: the recovery by way of fee or charge of actual and reasonable costs expended in, or associated with, the performance of a service or function:
e: estimated fees or charges, or fees or charges based on estimated costs, paid before the provision of the service or function, followed by reconciliation and an appropriate further payment or refund after provision of the service or function:
f: refundable or non-refundable deposits paid before provision of the service or performance of the function:
g: fees or charges imposed on users of services or third parties:
h: levies.
72: Cost recovery to relate to financial year
1: Except as provided in subsection (2), regulations that set a fee, charge, or levy that applies in any financial year—
a: must have been made before the start of that financial year; but
b: except as the regulations may otherwise provide, apply in that year and all subsequent years until revoked or replaced.
2: Subsection (1) does not prevent the alteration or setting during any financial year of a fee, charge, or levy payable in that year if—
a: the fee, charge, or levy is reduced, removed, or restated without substantive alteration; or
b: in the case of an increase or a new fee, charge, or levy,—
i: appropriate consultation has been carried out with persons or representatives of persons substantially affected by the alteration or setting; and
ii: the relevant Minister is satisfied that those persons, or their representatives, agree or do not substantially disagree with the alteration or setting.
3: Subsection (1) does not prevent the amendment of a regulation that sets a fee, charge, or levy if a substantive alteration effected by the amendment is for the purpose of correcting an error.
4: Recovery may be made in any financial year of a shortfall in cost recovery for any of the preceding 4 financial years, and allowance may be made for over-recovery of costs in those years (including an estimated shortfall or over-recovery for the immediately preceding financial year).
73: Three-yearly review of cost recovery
1: The relevant Minister must review the levels and methods of cost recovery in relation to any class of the following (including any exemptions) at least once in every 3-year period occurring since the original setting of, or latest change to, the cost recovery for those things:
a: product described as organic, whether or not the product is restricted by an organic standard:
b: operator:
c: recognised entity:
d: other person or matter.
2: See section 128
3: A review may provide for recovery in any relevant financial year of any shortfall in cost recovery for any of the preceding 4 financial years, or allow for any over-recovery of costs in those years (including any estimated shortfall or over-recovery for the immediately preceding financial year). Failure to pay
74: Fees, charges, and levies to constitute debt
1: A fee, charge, or levy that has become payable to the Crown is—
a: a debt due to the relevant chief executive; and
b: recoverable as a debt by the chief executive in a court of competent jurisdiction.
2: Until the fee, charge, or levy is paid in full, it remains a debt due to the chief executive.
3: The relevant chief executive must notify a person of the consequences of nonpayment when it notifies the person of the fee, charge, or levy.
4: In an action for recovery of the debt, the court may exercise any power of waiver contained in regulations made under section 141
75: Penalty on unpaid debt
1: All or part of a fee, charge, or levy made under this Act or the regulations that remains unpaid after 20 working days since it was demanded in writing is deemed to have been increased by an amount calculated in accordance with subsection (2).
2: The amount by which the unpaid amount increases is the sum of—
a: 10% of the debt (or of that part of the debt that remained unpaid after the expiry of the time provided for the debt’s payment); and
b: 10% of the debt or any part of it (including any deemed increase calculated under this subsection) that has remained unpaid for every complete period of 6 months after that expiry.
76: Dispute does not suspend obligation to pay fee, charge, levy, or penalty
A dispute between a person and a relevant chief executive about the person’s liability to pay a fee, charge, levy, or penalty under this Part does not suspend—
a: the obligation of the person to pay the fee, charge, levy, or penalty; or
b: the right of the chief executive to receive and recover the fee, charge, levy, or penalty.
77: Services to debtor may be withdrawn
1: A relevant chief executive who is satisfied of the matters in subsection (2) may give notice to the debtor that service of the kind to which the debt relates may be withdrawn or no longer provided to the person unless—
a: the debt is paid within 20 working days; or
b: the chief executive agrees that the debt or part of the debt is not payable.
2: The matters are—
a: the debt has been correctly calculated; and
b: the notified time for paying the debt has expired; and
c: the debt has not been paid.
78: Application to secondary legislation
To avoid doubt, this Part and sections 139 to 141 Part 6
5: Enforcement
1: Organic products officers and chief executives
79: Relevant chief executive to appoint organic products officers
1: The relevant chief executive may appoint organic products officers for the purposes of this Act, secondary legislation made under it, and directions given under it.
2: Persons appointed under subsection (1) must be employed under the Public Service Act 2020
3: An organic products officer may be authorised, on appointment, to exercise and perform—
a: all of the powers and functions conferred on organic products officers under this Act; or
b: only those powers and functions specified in—
i: the officer’s instrument of appointment; or
ii: a subsequent written notice from the chief executive to the officer.
80: Suspending or cancelling organic products officer appointment
1: A relevant chief executive may suspend or cancel the appointment of an organic products officer.
2: The chief executive must give the person a notice stating—
a: that the person’s appointment is suspended or cancelled; and
b: the reason for the suspension or cancellation; and
c: when the suspension or cancellation will take effect; and
d: in the case of a suspension, when it will end. Organic products officer powers
81: Power of warrantless entry
1: An organic products officer may enter a place (except for a dwelling house or marae) or vehicle described in subsection (2) at any reasonable time without a search warrant for the purpose of determining whether—
a: a person is complying with this Act, secondary legislation made under it, or directions given under it; or
b: a product complies with the requirements of this Act, secondary legislation made under it, or directions given under it.
2: A place or vehicle
a: a person (whether or not the person is an operator) carries out any activities as an operator; or
b: a recognised entity operates; or
c: the books or records, or other business information kept in writing or electronic form, of a person described in paragraph (a) are kept; or
d: an organic products officer reasonably believes that products described as organic are held or traded.
3: Part 4 subparts 2 3 6 8 sections 118 119
82: Applying for search warrant
1: The following provisions of the Search and Surveillance Act 2012
a: section 98
b: section 99
c: section 100
d: section 101
2: A constable or an organic products officer may apply to an issuing officer for a search warrant.
83: Issuing search warrant
1: This section applies if an issuing officer reasonably believes that there is, in or on a place, vehicle, or other thing, anything—
a: in relation to which an offence against this Act has been or is being committed; or
b: that is evidence of the commission of an offence against this Act.
2: The issuing officer may issue a search warrant in relation to a place, vehicle, or other thing.
3: Sections 102 to 104 107 subpart 5
84: Entry under search warrant
1: An organic products officer or a constable, or both, may, under and in accordance with the conditions of a search warrant issued under section 83
2: Part 4 subparts 2 3 6 8 sections 118 119
3: An exercise of the power of entry at a marae or a building associated with a marae must take account of the kawa of the marae so far as practicable in the circumstances.
85: Power to test samples
1: To assess compliance with requirements under this Act, secondary legislation made under it, or directions given under it, an organic products officer may require samples to be taken and provided to the officer, whether under a search warrant issued under section 83
2: An organic products officer may test the sample or have it tested.
3: The person providing the samples—
a: must pay costs reasonably incurred in taking the sample and testing it; and
b: is not entitled to compensation for losses resulting from the taking or testing of a sample if the taking or testing was reasonable and was done in a reasonable manner.
86: Power to issue an improvement notice
1: If an organic products officer reasonably believes that an operator is failing or has failed to comply with 1 or more requirements under this Act, secondary legislation made under it, or directions given under it, the officer may issue an improvement notice—
a: requiring the operator to take action to comply with the requirement; and
b: specifying the date by which the person must comply with the requirement.
2: The notice must state—
a: the requirement that the officer reasonably believes the person is failing, or has failed, to comply with; and
b: the grounds for the officer’s reasonable belief; and
c: the nature and extent of the failure to comply with the requirement; and
d: the date by which the person must comply with the requirement; and
e: the person’s right, under section 153
3: A person issued with an improvement notice must comply with the notice, subject to subsection (4).
4: The date by which the person must comply with the applicable requirement may be extended by the organic products officer at the person’s request.
5: An organic products officer may withdraw an improvement notice.
87: Matters may be continued by different organic products officer
1: An action initiated or taken under this Act by an organic products officer may be continued by another organic products officer.
2: Without limiting subsection (1), if an organic products officer has issued an improvement notice or an infringement offence notice under this Act, another organic products officer may—
a: take further steps on or in relation to that notice; or
b: vary it; or
c: revoke or withdraw it.
88: Opinion or belief of organic products officer
If this Act requires an organic products officer to hold a particular opinion or belief about something before exercising a power, it is sufficient if a more senior organic products officer or the relevant chief executive holds that opinion or belief and directs the organic products officer to exercise the power. Powers of relevant chief executive
89: Statements by relevant chief executive
1: A relevant chief executive may publish a statement for the purpose of protecting or informing the public.
2: The statement may be about—
a: a product, or a batch of a product, that is restricted by an organic standard; or
b: anything contained or implied in advertisements about a product that is restricted by an organic standard and described as organic—
i: generally; or
ii: in a particular advertisement; or
iii: in a class of advertisement; or
iv: in classes of advertisements; or
c: the performance (including poor performance) of a person in regard to requirements and obligations imposed by this Act, secondary legislation made under it, or directions given under it.
3: The chief executive—
a: must not delegate the power to make statements under this section; and
b: is protected from civil liability for a statement published under this section, unless the statement was not made in good faith or was made recklessly.
90: Relevant chief executive may request information
1: The relevant chief executive may request any information from a recognised entity or other person (regardless of the person’s approval status as an operator) relating to compliance with the requirements of this Act, secondary legislation made under it, or directions given under it by that entity or person.
2: Subpart 5
91: Giving general directions on functions, duties, or powers
The relevant chief executive may give a direction to the following persons, relating to their functions, duties, or powers under this Act, secondary legislation made under it, or directions given under it, either individually or as a class:
a: an organic products officer:
b: a recognised entity.
92: Giving general directions to operators, etc
1: The relevant chief executive may give a direction described in subsection (2) to the following persons:
a: an operator:
b: a person in control of, or reasonably appearing to be in control of, a product that is restricted by an organic standard and described as organic.
2: Before a breach of requirements under this Act, secondary legislation made under it, or directions given under it occurs or is suspected, the chief executive may give directions on preventive or corrective actions necessary to meet the requirements.
93: Giving directions to complete declaration or publish statement
1: This section applies if a relevant chief executive believes on reasonable grounds that a person has breached or is suspected of breaching this Act, secondary legislation made under it, or directions given under it.
2: If this section applies, the relevant chief executive may give a direction to the person—
a: to disclose information specified by the chief executive; or
b: to publish a statement specified by the chief executive.
94: Power to direct in certain circumstances
1: This section applies if—
a: a person has breached or is suspected to have breached a provision of this Act, secondary legislation made under it, or directions given under it; or
b: an operator’s approval has been surrendered under section 29(2)(b)
c: a breach or suspected breach is likely to prejudice the reputation of New Zealand’s organic products regime in overseas markets.
2: The relevant chief executive may, by direction to the person,—
a: require information to allow the chief executive to determine the person’s compliance with this Act, secondary legislation made under it, or directions given under it; or
b: require the person to take specific actions (for example, sampling, testing, verifying, and investigating) to determine or manage non-compliance of products that are restricted by an organic standard and described as organic; or
c: direct the person to keep information and provide reports regarding the matters of the direction; or
d: require the person to notify the chief executive when the breach has been resolved or if no breach has been identified.
3: The direction must specify the suspected breach or suspected non-compliance.
4: The direction may specify the products, activities, areas, persons, or operators, or anything else, related to the suspected breach. Enforceable undertakings
95: Enforceable undertakings
1: A relevant chief executive may accept a written undertaking given by, or on behalf of, an operator or a recognised entity in connection with any matter relating to the enforcement of this Act, secondary legislation made under it, or directions given under it.
2: The operator or recognised entity may withdraw or vary the undertaking with the consent of the chief executive.
3: A chief executive who considers that the operator or recognised entity has breached the undertaking may apply to the District Court or the High Court for 1 or more of the following:
a: an order directing the operator or recognised entity to comply with the undertaking:
b: an order for any consequential relief that the court thinks appropriate:
c: any other order that the court thinks appropriate in the circumstances.
2: Infringement offences
96: Proceedings for infringement offences
1: A person who is alleged to have committed an infringement offence may—
a: be proceeded against by the filing of a charging document under section 14
b: be issued with an infringement notice under section 97
2: Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a)
3: See section 21
97: When infringement notice may be issued
An organic products officer may issue an infringement notice to a person if the organic products officer believes on reasonable grounds that the person is committing, or has committed, an infringement offence.
98: Infringement notice may be revoked
1: An organic products officer may revoke an infringement notice before—
a: the infringement fee is paid; or
b: an order for payment of a fine is made or deemed to be made by a court under section 21
2: An infringement notice is revoked by giving written notice to the person to whom it was issued that the notice is revoked.
3: The revocation of an infringement notice before the infringement fee is paid is not a bar to any further action as described in section 96(1)(a) or (b)
99: What infringement notice must contain
An infringement notice must be in the prescribed form and must contain the following particulars:
a: details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee:
c: the address of the enforcement authority:
d: how the infringement fee may be paid:
e: the time within which the infringement fee must be paid:
f: a summary of the provisions of section 21(10)
g: a statement that the person served with the notice has a right to request a hearing:
h: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:
i: any other prescribed matters.
100: How infringement notice may be served
1: An infringement notice may be served on the person who the organic products officer believes is committing or has committed the infringement offence by—
a: delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or
b: leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or
c: leaving it for the person at the person’s place of business or work with another person; or
d: sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work; or
e: sending it to an electronic address of the person in a case where the person does not have a known place of residence or business in New Zealand.
2: Unless the contrary is shown,—
a: an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1) is to be treated as having been served on that person on the fifth working day after the date on which it was posted; and
b: an infringement notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first enters an information system that is outside the control of the enforcement authority.
101: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account designated by the relevant chief executive.
3: Offences
102: Offences involving deception for benefit, etc
1: A person commits an offence if the person, with intent to deceive and for the purpose of obtaining a material benefit or avoiding a material detriment,—
a: makes a false or misleading statement or a material omission in a communication, in an application, or in records required for the purposes of this Act, secondary legislation made under it, or directions given under it; or
b: falsifies, removes, alters, or misrepresents a label, brand, national mark, or product description of products restricted by an organic standard that is required or authorised by this Act, secondary legislation made under it, or directions given under it; or
c: misrepresents, substitutes in whole or in part, adulterates, or tampers with a product restricted by an organic standard so that the product no longer matches its description as organic, or its official assurance; or
d: falsifies certificates, official assurances, or other documents required or authorised by this Act, secondary legislation made under it, or directions given under it; or
e: falsifies, removes, suppresses, or tampers with samples, test results, or other evidence required for the purposes of this Act, secondary legislation made under it, or directions given under it; or
f: aids, or conspires with, another person to commit an offence under this section; or
g: sells or markets a product described as organic that is restricted by an organic standard if the product does not meet the standard.
2: A person who commits an offence under subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $200,000:
b: in the case of a body corporate, to a fine not exceeding $600,000.
103: Personating organic products officer, etc
1: A person commits an offence if the person, with intent to deceive, personates or pretends to be—
a: an organic products officer; or
b: an employee of the relevant Ministry exercising powers or performing functions under this Act, secondary legislation made under it, or directions given under it; or
c: a person exercising powers or performing functions delegated from the relevant chief executive under this Act, secondary legislation made under it, or directions given under it; or
d: a recognised entity.
2: A person who commits an offence under subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $20,000:
b: in the case of a body corporate, to a fine not exceeding $100,000.
104: Obstruction of officers
1: A person commits an offence if the person intentionally resists, obstructs, or delays an organic products officer, a recognised entity, or a person exercising powers delegated from the relevant chief executive, or a person assisting that officer, entity, or person.
2: A person who commits an offence under subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $20,000:
b: in the case of a body corporate, to a fine not exceeding $100,000. Strict liability offences
105: Prosecution need not prove intention to commit certain offences
In a prosecution for an offence against any of sections 106 107 108 109 110 111
106: Sale of non-compliant product that is described as organic
A person who breaches section 11(1)
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of a body corporate, to a fine not exceeding $250,000.
107: Sale of product described as organic by person not approved as operator
A person who breaches section 15(1) or (3)
a: in the case of an individual, to a fine not exceeding $20,000:
b: in the case of a body corporate, to a fine not exceeding $100,000.
108: Sale of non-compliant imported product that is described as organic
A person who breaches section 61
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of a body corporate, to a fine not exceeding $250,000.
109: Export of products described as organic when not approved, etc
A person who breaches section 63(3)
a: in the case of an individual, to a fine not exceeding $20,000:
b: in the case of a body corporate, to a fine not exceeding $100,000.
110: Offence of breach of duty
1: An operator commits an offence if the operator breaches or fails to carry out any of the duties specified in section 23 59
2: A recognised entity commits an offence if the entity breaches or fails to carry out any of the duties specified in section 42 59
3: An operator or a recognised entity that commits an offence under subsection (1) or (2) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $20,000:
b: in the case of a body corporate, to a fine not exceeding $100,000.
111: Offence of breaching or failing to comply with requirement
1: A person commits an offence if the person breaches or fails to comply with a requirement of—
a: any of the following:
i: section 25
ii: section 26(1)
iii: section 28(2)(a)
iv: section 31(1)
v: section 32(1)
vi: section 33(1)
vii: section 44
viii: section 45(3)
ix: section 47(2) or (5)
x: section 49(3)
xi: section 58(1)
xii: section 157
b: any provision of regulations made under this Act that the failure to comply with is identified in the regulations as an offence.
2: A person who commits an offence under subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $20,000:
b: in the case of a body corporate, to a fine not exceeding $100,000. Defences for certain offences
112: Defences for certain offences
1: It is a defence to an offence under section 106 107 108 109 110 111
a: the offence relates to events that were outside the defendant's control; or
b: the defendant took reasonable steps to prevent the commission of the offence; or
c: the defendant—
i: was supplied with products that do not comply with requirements under this Act, secondary legislation made under it, or directions given under it; and
ii: could not with reasonable diligence have ascertained that the products were not compliant.
2: It is a further defence to an offence under section 108
3: A defence under this section is available only if the defendant delivers to the prosecutor a notice in writing that—
a: states that the defendant intends to rely on the defence; and
b: specifies the circumstances relating to subsection (1) that the defendant intends to rely on as a defence under this section; and
c: is delivered at least 10 working days before the hearing is held in regard to the offence, or within such further time that the court allows. Prosecution administration requirements
113: Evidence of testing, sampling, etc
1: Documents that may be used under this Act, secondary legislation made under it, or directions given under it as evidence of testing, sampling, analysis, and similar matters may be produced by way of—
a: a certificate given by a recognised entity; or
b: a certificate given by an employee of a recognised entity; or
c: a certificate given by an employee of a laboratory approved by the relevant chief executive; or
d: some other means acceptable to the court.
2: When produced in a prosecution for an offence against this Act, the evidence must not be ruled inadmissible or disregarded only because compliance with this Act’s requirements about the taking or testing of a sample has been reasonable instead of strict.
114: Evidence in proceedings
1: A certificate or document is not admissible in evidence unless,—
a: at least 20 days before the hearing at which the certificate or document is to be tendered,—
i: a copy is served, by or on behalf of the prosecutor, on the defendant or the defendant’s agent or counsel; and
ii: that person is at the same time informed in writing that the prosecutor does not propose to call the person who signed the certificate or document as a witness at the hearing or to call evidence about the nature of the document; and
b: the court has not ordered, after following the process referred to in subsection (2), that the certificate or document should not be admissible as evidence in the proceedings.
2: The process is as follows:
a: the defendant must apply at least 10 days before the hearing for an order that the certificate or document should not be admissible as evidence in the proceedings:
b: the court, on the defendant’s application, may order that the certificate or document should not be admissible as evidence in the proceedings—
i: at least 5 days before the hearing; or
ii: in a shorter period than 5 days before the hearing, as the court thinks fit in the special circumstances of the case.
115: Evidence of officer or delegated power
1: The relevant chief executive may give a certificate stating that a person is an organic products officer or holds a position under or relevant to this Act or secondary legislation made under it.
2: A certificate given under subsection (1) is admissible in proceedings in a New Zealand court that relate to an offence alleged or proved to have been committed against this Act and is, in the absence of proof to the contrary, sufficient evidence of the matters stated in the certificate.
3: It is not necessary to prove the signature on a certificate given under this section.
116: Evidence of person’s documents
1: This section applies to the production in evidence of a document described in subsection (2) in a prosecution for an offence against this Act.
2: The document—
a: is an application, form, record, report, or other means of stating information; and
b: purports to be completed, kept, or provided by a person or on the person’s behalf.
3: The production in evidence of the document is sufficient evidence, in the absence of evidence to the contrary, that the person completed, kept, or provided the document.
117: Evidence of requirement of this Act
1: This section applies to the production in evidence of the documents described in subsection (2) in a prosecution for an offence against this Act.
2: The documents are—
a: a document presented by an organic products officer purporting to be a requirement of this Act, secondary legislation made under it, or directions given under it; and
b: a copy of the Gazette
3: The production in evidence of the documents is sufficient evidence, in the absence of evidence to the contrary, of the existence, notification, and contents of the requirement.
118: Liability of body corporate
1: This section applies when—
a: a body corporate is charged with an offence against this Act; and
b: for the purpose of the prosecution, it is necessary to establish the body corporate’s state of mind.
2: It is sufficient to show that a director, an employee, or an agent of the body corporate, acting within the scope of his or her actual or apparent authority, had the state of mind.
119: Liability of director or manager of body corporate
1: This section applies when a body corporate commits an offence against this Act.
2: A director or manager of the body corporate is also guilty of the offence if it is proved that the director or manager—
a: authorised, permitted, consented to, or participated in the act or omission that constituted the offence; or
b: knew, or could reasonably be expected to have known, that the offence was to be or was being committed and failed to take all practicable steps to prevent or stop it.
3: A director or manager may be convicted of an offence against this section even though the body corporate has not been charged with that offence or a similar offence.
120: Liability of companies and persons for actions of agent or employee
1: An act or omission on behalf of a body corporate or other person (the principal agent
2: Despite subsection (1), if a principal is charged under this Act in relation to the act or omission of an agent for an offence that requires that the act or omission is done knowingly, it is a defence to the charge if the principal proves that the principal took all reasonable steps to prevent the commission of the offence or the commission of offences of that kind.
121: Order to pay amount because of commercial gain
1: This section applies to a person convicted of an offence against any of sections 102 103 106 107 109 110 111
2: The court may make an order under subsection (4) or (5) if it is satisfied that the offence was committed in the course of producing a commercial gain.
3: The court may make the order in addition to, or instead of, a penalty that the court may impose under the relevant offence provision.
4: The court may make an order under this subsection whether or not the person is a body corporate. The order is that the person pay an amount up to 3 times the value of the commercial gain resulting from committing the offence.
5: The court may make an order under this subsection if the person is a body corporate and the value of the gain cannot be readily ascertained. The order is that the person pay an amount up to 10% of the combined turnover of the body corporate and every interconnected body corporate it has over the period of the offending.
6: The court must assess the value of a gain that is readily ascertainable.
7: An amount that the court orders to be paid under this section is recoverable in the same manner as a fine.
8: In this section, interconnected turnover Commerce Act 1986 Charging documents
122: Charging documents
Despite anything to the contrary in the Criminal Procedure Act 2011 Immunities and excluding liability for loss
123: Protection of persons acting under authority of Act or secondary legislation
1: This section applies to the following persons:
a: the relevant chief executive:
b: an employee or agent of the relevant Ministry:
c: an employee or agent of a recognised entity:
d: a recognised natural person employed or engaged by another recognised entity:
e: an organic products officer.
2: The person is protected from civil and criminal liability, however it may arise, for any act that the person does or omits to do in good faith and with reasonable cause—
a: under a requirement of this Act, secondary legislation made under it, or directions given under it; or
b: in the performance or purported performance of the person’s functions or duties, or the exercise or purported exercise of the person’s powers, under a requirement of this Act, secondary legislation made under it, or directions given under it.
124: Exclusion of loss
The following are not liable for any loss arising through the actions or omissions of a recognised entity acting under this Act, secondary legislation made under it, or directions given under it:
a: the Crown:
b: the relevant chief executive:
c: a person recognised under section 34
4: Jurisdiction
125: District Court
The District Court may hear and determine the following matters:
a: applications from the relevant Ministry for orders to pay additional amounts resulting from commercial gain:
b: applications from the relevant Ministry for orders to enforce undertakings of less than $350,000.
126: High Court
1: This section applies to a decision of the District Court under section 125
a: dismiss the proceedings; or
b: otherwise finally determine the proceedings.
2: This section also applies to applications from the Ministry to enforce undertakings of or above $350,000.
3: A party to proceedings to which this section applies, or other person prejudicially affected by a decision referred to in subsection (1), may appeal to the High Court against the decision.
4: The High Court Rules sections 126 to 130 section 124
127: Appeals to Court of Appeal or Supreme Court
1: With the leave of the court appealed to, a party to an appeal under section 126
2: On an appeal under this section, the Court of Appeal or the Supreme Court has the same power to adjudicate on the proceedings as the High Court had.
3: Subsection (1) is subject to section 75
6: Regulations and notices
128: Consultation about certain regulations, notices, and reviews
1: A relevant Minister must comply with this section before making a final decision on a review or recommending the making of regulations, as the case may be, under any of the following:
a: section 73
b: section 130
c: section 133
d: section 134
e: section 135
f: section 137
g: section 138
h: section 139
i: section 140
j: section 141
2: A relevant Minister must also comply with this section before recommending the revocation of an Order in Council under section 138 141
3: A relevant chief executive must comply with this section before issuing notices supplementing organic standards under section 142
4: A relevant Minister, or a relevant chief executive in relation to issuing supplementary notices under section 142
5: The process for consultation must, to the extent practicable in the circumstances, include—
a: adequate and appropriate notice of the proposed terms of the decision, recommendation, or notice, and of the reasons for it; and
b: a reasonable opportunity for consulted persons to consider the decision, recommendation, or notice and make submissions; and
c: adequate and appropriate consideration of submissions.
6: A failure to comply with this section does not affect the validity of any review, regulations, or notice to which it applies.
7: This section does not apply in relation to any Order in Council, regulations, or notice if the relevant Minister or relevant chief executive (as the case may be) considers it necessary or desirable in the public interest that the Order in Council, regulations, or notice be made, issued, or revoked as a matter of urgency.
1: Regulations
Scope of regulations
129: Scope of regulations
Regulations made under this Act may do either or both of the following:
a: authorise the relevant Minister, the relevant chief executive, or an organic products officer to decide a matter:
b: confer any other discretion on the relevant Minister, the relevant chief executive, or an organic products officer. Organic standards regulations
130: Organic standards regulations
1: The Governor-General may, by Order in Council made on the recommendation of the relevant Minister, make regulations prescribing an organic standard in relation to a product or class of products.
2: Without limiting the generality of subsection (1), an organic standard may include requirements in relation to any of the following:
a: the production, processing, and preparation of organic ingredients, organic components, or organic products:
b: the packing, storage, and handling of organic ingredients, organic components, or organic products:
c: the identification and labelling of organic products, including—
i: the information or other matters that must be specified, or that may or must not be specified, in any label on a product or class of products; and
ii: the requirements that must be met for that information or other matter to be specified or not specified:
d: requirements for sampling and testing of a product:
e: conversion periods for a product or class of products:
f: obligations to keep records and to provide information:
g: any periods in which the standards may be complied with voluntarily (as referred to in section 12(c)
h: the circumstances and conditions in which a person or an operator can apply to the relevant chief executive for a waiver or variation of, or an alternative to, an aspect or a requirement of the standard in a specific case:
i: other matters relevant to the management of whether a product restricted by an organic standard may be described as organic.
3: Regulations made under subsection (1) must—
a: specify the scope of the products or class of products to which they apply; and
b: specify the date on which the product or class of products becomes restricted by the organic standard.
4: Regulations made under subsection (1) may be supplemented by organic standards notices issued under section 142
5: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
131: Prerequisites for organic standards regulations
1: Before making a recommendation for the purposes of section 130
a: the organic standard was developed in response to a demand from the relevant sector for the product to be restricted by an organic standard; and
b: the sector has the competence and capacity required to assist, if the Minister considers it appropriate, in the development of any organic standards notice issued under section 143
c: making the regulations will meet the purpose of this Act.
2: See section 128 section 130
132: Emergency organic standards
1: A relevant Minister may, by order, issue emergency organic product standards if, in the opinion of the Minister,—
a: an emergency or urgent situation has arisen involving risk to—
i: consumer confidence in purchasing organic products; or
ii: New Zealand’s international trade in organic products; and
b: it is not practicable in the circumstances of the particular case, in time to deal with the situation, to—
i: make or amend regulations under section 130
ii: otherwise effectively alleviate or minimise the relevant risk.
2: An order may contain any matter that could be included in regulations made under section 130
3: An order must, as soon as practicable, to the extent practicable, be brought to the attention of all persons likely to be affected by it.
4: A ministerial order under this section—
a: takes effect on the day specified in the order (which must not be earlier than the day it is published under the Legislation Act 2019
b: unless sooner revoked, expires at the end of 6 months after the date of its publication under the Legislation Act 2019
5: Before making an order under this section, the Minister must ensure that such consultation as is reasonable and practicable in the circumstances has been undertaken, but section 128
6: In the case of inconsistency between a ministerial order under this section and any organic product standard or supplementary notice, the ministerial order prevails.
7: A ministerial order may be amended in the same manner as it was made.
8: Despite anything in clause 5
9: The following are secondary legislation ( see Part 3
a: an order made under this section:
b: a notice issued under subsection (4)(b). 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 accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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. General regulation-making powers
133: General regulation-making power
1: The Governor-General may, by Order in Council made on the recommendation of the relevant Minister, make regulations for any of the following purposes: Final consumer service
a: declaring a service to be, or not to be, a final consumer service: Approval and recognition
b: prescribing information, requirements, processes, obligations, time frames, and other matters in relation to—
i: applications for approval or recognition, or renewal of approval or recognition:
ii: determining whether an applicant is a fit and proper person to be approved as an operator or recognised to carry out the specified functions and duties for which recognition is sought:
iii: granting or refusing approval or recognition:
iv: specifying a document that may be required to show how a product will comply with an organic standard:
v: specifying a document that may be required to show how an operator will comply with any prescribed requirements:
vi: factors a relevant chief executive must take into account when specifying the duration of approval or recognition:
vii: specifying the activities and duties of an operator:
viii: specifying the functions and duties of a recognised entity:
ix: prescribing competencies, qualifications, experience, or other requirements that must be met—
A: in order for a person to be approved as an operator under subpart 2
B: in order for a person to be recognised as a recognised agency or a recognised person under subpart 3
C: in order for a class of persons to be recognised as a recognised class under subpart 3
D: by an operator:
E: by a recognised agency, recognised person, or recognised class:
x: prescribing performance standards or other requirements that must be met by a recognised entity—
A: when they are carrying out their specified functions and duties; and
B: if they are a recognised agency, when they are managing a recognised person or member of a recognised class of natural persons:
xi: maintaining approval or recognition:
xii: suspending or withdrawing recognition or approval:
c: for the purposes of subsection (1)(b), prescribing different methods and requirements for—
i: different types of approval (for example, group approvals):
ii: different conditions on approval: Use of national mark
d: prescribing in relation to a national mark—
i: the nature and form of the mark:
ii: the class of operators that may use the mark:
iii: requirements and restrictions on its use: Public register, information, and records
e: prescribing information for the content of the public register under section 54
f: prescribing information that an operator, recognised entity, or other person must provide to the chief executive under section 58
g: prescribing matters about which records must be kept, the period for which the records must be kept, and the manner in which the records must be kept:
h: prescribing persons that the operator or entity must provide with information under section 59 Importers and exporters
i: prescribing requirements for, and obligations that must be met by, importers and exporters: Exports
j: prescribing procedures and requirements for applying for and obtaining official assurances and statements of compliance, and otherwise prescribing matters in relation to official assurances and statements of compliance: Samples and testing
k: requiring samples and tests to be carried out in relation to products within the scope of this Act, and for those samples or the results of those tests, or both, to be reported to recognised entities or the relevant chief executive: Infringement offences
l: prescribing forms for infringement notices:
m: prescribing particulars that infringement notices must contain:
n: specifying the offences in this Act that are infringement offences:
o: prescribing infringement offences for the breach of secondary legislation made under this Act, supplementary notices issued under it, or directions given under it:
p: setting out the amounts, up to $1,000, of infringement fees that are payable for infringement offences, including different fees for a first offence, a second offence, and subsequent offences:
q: prescribing infringement fees not exceeding $1,000:
r: prescribing infringement fines not exceeding $2,500: Offences
s: specifying matters in regulations that constitute offences for the purposes of section 111(1)(b) Review of proposed decisions
t: prescribing processes, time frames, and other matters relating to reviews under section 51 Supplementary notices
u: permitting supplementary notices to be made to supplement specified provisions of the regulations ( see section 143(2)(b) General
v: providing for any matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: See section 128
3: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Regulations relating to tracing and recall, and verification
134: Regulations relating to tracing and recall
1: The Governor-General may, by Order in Council, make regulations prescribing requirements and procedures that apply to operators, and to persons referred to in section 25(2)
2: The regulations may (without limitation) do any or all of the following:
a: specify operators, and specify other persons and classes of persons referred to in section 25(2)
b: set requirements relating to—
i: the content of those procedures:
ii: the conducting of simulations and other tests of those procedures:
iii: the implementation of those procedures to trace or recall products described as organic:
c: specify matters in relation to tracing and recall that must be recorded in any documentation.
3: See section 128
4: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
135: Regulations relating to verification
1: The Governor-General may, by Order in Council, make regulations prescribing requirements and processes that apply to operators, and to persons and classes of persons referred to in section 26(2)
2: The regulations may (without limitation) do any or all of the following:
a: specify operators, and specify other persons and classes of persons referred to in section 26(2)
b: specify how changes to an operator’s approval, renewal, suspension, withdrawal, or conditions will be notified to its verifier or verifying agency:
c: prescribe the verification requirements and processes for products that are described as organic, whether or not they are restricted by an organic standard, for the export of which an official assurance may be sought:
d: prescribe the verification requirements and processes to monitor compliance by operators, and by other persons and classes of persons referred to in section 26(2)
e: specify the operations, or parts of the operations, that must be verified:
f: set requirements relating to the frequency, intensity, and cost of verification:
g: specify matters in relation to verification that must be included in any documentation:
h: set out matters relating to the rights of verifiers and verifying agencies in relation to the undertaking of verification activities:
i: set reporting requirements for verifiers and verifying agencies:
j: set out other requirements relating to the exercise, carrying out, and managing of verification functions and duties.
3: See section 128
4: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Regulations for disclosure of information
136: Regulations for purposes of section 60
1: The Governor-General may, by Order in Council made on the recommendation of the relevant Minister, make regulations—
a: declaring any Act to be an Act for the purposes of section 60(2)(b)
b: declaring any person to be an approved agency for the purposes of section 60(4)(i)
2: Regulations made under subsection (1) may apply for the purposes of information under any specific secondary legislation or direction, or specific class of secondary legislation or directions, under this Act.
3: Before recommending the making of regulations under this section, the relevant Minister must be satisfied that there has been consultation with the persons and organisations that the Minister considers appropriate.
4: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Regulations imposing import requirements on certain products
137: Regulations imposing import requirements on products restricted by organic standard and described as organic
1: The Governor-General may, by Order in Council made on the recommendation of the relevant Minister, make regulations prescribing import requirements on products restricted by an organic standard and described as organic, including the following:
a: general requirements that apply to imported products:
b: different requirements for different categories of products:
c: how the requirements must be met:
d: when the requirements must be met:
e: who is responsible for ensuring that the requirements are met:
f: how the organic standard must or may be met:
g: any documentation or other evidence that must accompany the products, such as a declaration, certificate, or assurance:
h: other matters related to requirements.
2: See section 128
3: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Exemptions for classes
138: Regulations providing for exemption for class of persons
1: The Governor-General may, by Order in Council made on the recommendation of the relevant Minister, make regulations exempting a class of persons from—
a: the requirement to be approved as an operator; or
b: any other requirement of or obligation under this Act, secondary legislation made under it, or directions given under it.
2: An exemption under subsection (1) may specify provisions of this Act, secondary legislation made under it, or directions given under it that apply to the class.
3: The relevant Minister may make a recommendation if satisfied that—
a: granting the exemption is consistent with the purpose of this Act; and
b: granting the exemption will not—
i: have an adverse impact on New Zealand’s reputation; or
ii: result in consumers being misled; and
c: complying with the requirement or obligation is unreasonably burdensome and disproportionate to the benefit of compliance to the class.
4: See section 128
5: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Regulations imposing fees and charges
139: Regulations may impose fees and charges
1: The Governor-General may, by Order in Council made on the recommendation of the relevant Minister, make regulations prescribing fees and charges, including fees and charges payable on an ongoing basis by a person given a particular status under this Act, for the purposes of this Act or secondary legislation made under it.
2: The fees and charges may be prescribed using any 1 or more of the methods specified in section 71
3: Different fees and charges, or different rates or types of fees or charges, may be prescribed in respect of different classes or descriptions of products, persons, operators, operations, recognised entities, or other persons or matters, or any combination of them.
4: Without limiting subsection (3), the fees and charges prescribed may—
a: differ depending on whether or not a special or an urgent service is provided; and
b: include more than 1 level of fee or charge for the same service provided in different ways, or provided in or in respect of different places; and
c: differ for otherwise similar services provided in different ways; and
d: differ for otherwise similar services provided to different categories of persons; and
e: differ depending on the amount of service required or the components of the service required for the particular person or class of persons; and
f: use a formula or other method of calculation; and
g: set out a maximum rate when using a formula or other method of calculation.
5: If regulations prescribe a formula for determining a fee or charge, the value to be attributed to a component of that formula may—
a: be specified in the formula; or
b: be specified by supplementary notice by the relevant chief executive.
6: See section 128
7: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Regulations imposing levies
140: Regulations may impose levies
1: The Governor-General may, by Order in Council made on the recommendation of the relevant Minister, make regulations prescribing levies, including levies payable on an ongoing basis by a person given a particular status under this Act, for the purposes of this Act or secondary legislation made under it.
2: Levies prescribed by regulations are payable to the relevant chief executive.
3: Different levies or rates of levy, or different bases on which an amount of levy is to be calculated or ascertained, may be prescribed for either or both of the following:
a: different purposes:
b: different classes or descriptions of products, persons, operators, operations, recognised entities, or other matters, or any combination of them.
4: Without limiting subsection (1), regulations imposing levies may do any 1 or more of the following:
a: specify when and how a levy is to be paid:
b: require that a levy, or an estimated amount of levy, be paid in advance of the performance of the services or functions to which it relates:
c: specify persons, other than persons primarily responsible for paying the levy, who are to be responsible for collecting a levy, and provide for retention of any part of the levy money collected as a fee for that service:
d: use a formula or other method of calculation:
e: set out a maximum rate when using a formula or other method of calculation:
f: require, or empower the relevant chief executive to require, the provision of information and returns in relation to levies:
g: require the keeping of separate trust accounts for levy money received or deducted by persons responsible for collecting levies, and prescribe matters in relation to those trust accounts:
h: prescribe a method of arbitration or mediation for disputes about the following, and provide for related matters, including procedures and remuneration for arbitrators or mediators:
i: whether or not a person is required to pay, or collect, the levy concerned:
ii: the amount of levy a person is required to pay or collect.
5: If regulations prescribe a formula for determining a levy, the value to be attributed to a component of that formula may be—
a: specified in the formula; or
b: specified by supplementary notice by the relevant chief executive.
6: See section 128
7: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
141: Regulations may provide for exemptions, waivers, and refunds for class of persons or case
1: The Governor-General may, by Order in Council made on the recommendation of the relevant Minister, make regulations that do either or both of the following:
a: provide for exemptions from, or waivers or refunds of, a fee or charge imposed under section 139 section 140
b: authorise the relevant chief executive to grant an exemption, a waiver, or a refund in a particular class of case.
2: Regulations made under this section must set out the circumstances in which the exemption, waiver, or refund may be granted.
3: See section 128
4: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
2: Notices
Notices: organic standards
142: Organic standards notices
1: The relevant chief executive may issue organic standards notices under section 143(2)
2: Supplementary notices referred to in subsection (1) may, in addition to the matters referred to in section 143
a: technical detail relevant to the regulations; and
b: acceptable and unacceptable inputs for the production and processing of the product or class of products. General notices
143: General notices
1: A relevant chief executive may issue notices under this subsection to do anything that a provision of this Act permits to be done by notice under this subsection.
2: A relevant chief executive may issue notices under this subsection to prescribe matters,—
a: if a provision of this Act refers to regulations and supplementary notices (for example by requiring something to be done in accordance with regulations and any supplementary notice), to supplement those regulations; or
b: if the regulations permit supplementary notices to be made to supplement provisions of the regulations, to supplement those provisions of the regulations.
3: The relevant chief executive must not issue a notice under subsection (2) unless satisfied that the notice—
a: sets out matters of detail to elaborate on matters provided for in the regulations; or
b: sets out procedures, methodologies, forms, or other matters of an administrative nature relating to matters provided for in the regulations; or
c: sets out how requirements imposed by the regulations may or must be met; or
d: otherwise supplements matters of general principle set out in the regulations.
4: If a provision of this Act requires the relevant Minister to be satisfied of any matter before recommending the making of regulations, the relevant chief executive must not issue a notice under subsection (2) to supplement those regulations unless the relevant chief executive is satisfied of that matter.
5: Subsection (4) does not apply to matters in the following provisions:
a: section 131(1)(a) or (b)
b: section 128 section 139(5)(b)
c: section 128 section 140(5)(b)
6: If a notice issued under this section is inconsistent with the regulations, the regulations prevail to the extent of the inconsistency.
7: A notice issued under this section is secondary legislation ( see Part 3
8: A notice issued under this section that is not secondary legislation must be given to the persons to whom it applies. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) Presentation The Minister must present it to the House of Representatives, unless the exemption in Schedule 3 LA19 s 114 Sch 3 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
144: Giving of notices, etc, by Minister, chief executive, or organic products officer
1: This section applies if this Act or secondary legislation made under it requires a relevant Minister, a relevant chief executive, or an organic products officer to give a notice to a person (other than a notice that is secondary legislation or an infringement notice under subpart 2
2: If this section applies, the Minister, the chief executive, or the organic products officer—
a: must give the notice in writing to—
i: the person; or
ii: a representative authorised to act on behalf of the person; and
b: may give notice by—
i: personal delivery to a person that is not a body corporate:
ii: personal delivery to a person that is a body corporate, if the personal delivery is made to the person’s office during working hours:
iii: an electronic means of communication to the person, if the Minister, the chief executive, or the organic products officer complies with Part 4
iv: post to—
A: the street address of the person’s usual or last known place of residence; or
B: the street address of any of the person’s usual or last known places of business; or
C: any other address, if the person has notified under this Act that the person accepts notices at the address.
3: A notice given by post under subsection (2)(b)(iv) is to be treated as having been given at the time the notice would have been delivered in the ordinary course of the post. Notices: exemptions
145: Exemption for named person
1: The relevant chief executive may, by notice issued under section 143(1)
2: A person wishing to be granted an exemption under this section must apply in the manner prescribed by regulation to the chief executive.
3: Exemptions granted under this section are—
a: for a limited time set out in the notice; and
b: subject to—
i: prescribed criteria; and
ii: prescribed processes; and
iii: any other prescribed matters relating to the exemptions.
4: Before issuing a notice referred to in subsection (1), the chief executive must be satisfied that—
a: granting the exemption is consistent with the purpose of this Act; and
b: granting the exemption will not—
i: have an adverse impact on New Zealand’s reputation; or
ii: result in consumers being misled; and
c: the requirements or obligations to which the exemption relates are unreasonably burdensome and disproportionate to the benefit that the person might gain from it.
5: Despite subsection (1), a relevant chief executive must not grant an exemption under this section from a requirement of or an obligation under this Act to meet any relevant organic standard.
146: Revocation of class exemption for named person
1: The relevant chief executive may, by notice issued under section 143(1) section 138(1)
2: Before issuing a notice referred to in subsection (1), the chief executive must be satisfied in respect of that named member of the class that at least 1 of the following applies:
a: continuing the exemption is not consistent with the purpose of this Act:
b: continuing the exemption will—
i: have an adverse impact on New Zealand’s reputation; or
ii: result in consumers being misled.
3: A notice issued under this section must be given to the named person it applies to.
147: Exemption for certain operators or products
The relevant chief executive may, by notice issued under section 143(1)
a: for research and development:
b: as a trade sample or to assess an overseas market for the initial development of that market:
c: for personal use or other non-commercial use of the person travelling with the consignment:
d: for consumption during transit by a passenger or crew on a vessel or an aircraft leaving New Zealand. Consolidation of certain secondary legislation or published instruments
148: Certain secondary legislation or published instruments may be consolidated
Secondary legislation made by relevant chief executive and with same publishing requirements
1: A relevant chief executive (the maker
a: the maker has made, or may make, under a provision of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the secondary legislation; and
b: is not drafted by the Parliamentary Counsel Office ( see section 67 Other instruments made by same maker with same publishing requirements
2: A relevant chief executive (the maker
a: the maker has made, or may make, under any provisions of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the instruments; and
b: are not secondary legislation. Once this section is applied to specific instruments
3: The powers of the maker to amend or replace the specific instruments (whether given by a specific empowering provision, section 48
a: revoke any specific 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.
3: Incorporation by reference
149: Incorporation by reference of standard works of reference
1: This section applies if—
a: secondary legislation made under this Act or made under other secondary legislation made under this Act incorporates material by reference in reliance on section 64
b: the material incorporated is all or part of—
i: a standard work of reference; or
ii: material expressly specified as subject to this section by secondary legislation referred to in paragraph (a); and
c: the material is amended (within the meaning of section 66(3)
2: If this section applies, the amendments referred to in subsection (1)(c) have immediate effect as part of the secondary legislation (despite section 66(2)
7: General provisions
Advisory council
150: Relevant Minister may establish advisory council
1: A relevant Minister may establish, from time to time, an advisory council of organic sector stakeholders to provide advice and recommendations to the relevant chief executive on relevant issues specified by the Minister, including, but not limited to, any of the following matters:
a: consultation on proposed organic standards:
b: the content of proposed organic standards:
c: the interpretation of organic standards:
d: the implementation of regulations:
e: trade in organic products.
2: If a relevant Minister establishes an advisory council under subsection (1), the Minister must specify—
a: the purpose of the council, which may be amended from time to time if the Minister considers appropriate; and
b: the duration of the council, which must be no longer than 4 years after it is established, but which may expire before that time, if—
i: the Minister considers its purpose has concluded; or
ii: the Minister considers it is no longer fulfilling its purpose.
3: The relevant Minister must appoint a chairperson and members of the advisory council who the Minister considers—
a: are broadly representative of the sector; and
b: include appropriate and suitably representative Māori membership.
4: Members of an advisory council are entitled, in accordance with the fees framework,—
a: to receive remuneration for services as a member at a rate and of a kind determined by the relevant Minister; and
b: to be reimbursed for actual and reasonable travelling expenses incurred in carrying out their services as a member.
5: For the purposes of subsection (4), fees framework section 10(1)
6: The relevant Ministry must recover costs in subsection (4) in accordance with Part 4 Register of inputs
151: Register of inputs
1: A relevant chief executive must establish a register of acceptable and unacceptable inputs that are specified by notice under section 142(2)(b)
2: The relevant chief executive must make the register 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 relevant Ministry. Commodity levies
152: Application of Commodity Levies Act 1990 to organic products
1: The provisions of the Commodity Levies Act 1990 section 12(c)
2: A levy order made in accordance with this section and the provisions of the Commodity Levies Act 1990 Right of review
153: Right of review of certain decisions made under Act
1: A person directly affected by a decision to which this section applies and who is dissatisfied with it may seek a review of the decision.
2: This section and sections 154 155
a: specifying an expiry date of approval or refusing approval under section 19
b: imposing or varying a condition of approval under section 19 22
c: suspending approval under section 29
d: withdrawing approval under section 30
e: refusing recognition under section 36
f: imposing or varying a condition of recognition under section 37 40
g: suspending recognition under section 48
h: withdrawing recognition under section 49
i: determining to not disclose, or determining to disclose, despite a person’s application, the person’s address under section 56
j: withdrawing an official assurance under section 64(3)
k: withdrawing a statement of compliance under section 66(3)
l: withdrawing or no longer providing a service to a debtor under section 77
m: issuing an improvement notice under section 86
n: publishing a statement under section 89
o: directing a recognised entity, in relation to the entity’s functions, duties or powers, under section 91(b)
p: directing a person on preventive or corrective actions under section 92(2)
q: directing a person to publish a statement under section 93(2)(b)
r: directing a person in certain circumstances under section 94
s: arranging for the use of an automated electronic system under section 158
3: An application for a review must—
a: be in writing; and
b: state the grounds on which the applicant believes that the decision was inappropriate; and
c: be provided to the chief executive within 20 working days after the decision was notified to the applicant.
154: Conduct of review
1: A relevant chief executive who was not involved in the decision being reviewed must—
a: conduct the review; or
b: designate a person who was not involved in the decision being reviewed to conduct the review.
2: If the chief executive was involved in the decision being reviewed, the chief executive must designate a person who was not involved in that decision to conduct the review.
3: The decision being reviewed remains valid unless and until altered by the chief executive or designated person.
4: The chief executive or designated person must, as soon as practicable, notify the applicant for review of his or her decision on the review in writing, giving reasons for the decision.
5: A decision by the chief executive or a designated person under this section is final, unless determined otherwise by a court of law of competent jurisdiction.
155: Time allowed for review
1: The relevant chief executive or designated person must review the matter within—
a: 40 working days; or
b: an extended period of no more than a further 20 working days specified by the chief executive or designated person by notice in writing to the applicant.
2: However, if the chief executive or designated person requires the applicant to supply further information than that provided with the application for review, that time is not to be counted for the purposes of the time limits specified in subsection (1)(a) and (b). Time limits
156: Time limits for providing information related to investigation, monitoring, and enforcement
1: A relevant chief executive who suspects that a person has breached this Act, secondary legislation made under it, or directions given under it may, in writing, request the person to provide information or material relating to the person’s compliance with this Act, the secondary legislation, or the directions.
2: The request must specify that the information must be provided within—
a: 10 working days of the request; or
b: any further time period that the chief executive allows by notice in writing.
157: Time limit generally for providing information under Act
If this Act allows a person to seek information, or further information, other than information referred to in section 156(1)
a: 3 months of the request; or
b: any further time period that the person seeking the information allows by notice in writing. Automated electronic systems
158: Arrangement for system
1: The relevant chief executive 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 for the purposes of this Act.
2: The actions are—
a: exercising a power:
b: carrying out a function:
c: carrying out a duty:
d: making a decision:
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 relevant chief executive:
b: organic products officers.
4: The relevant chief executive 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.
5: A system used in accordance with an arrangement may include components outside New Zealand.
6: The relevant chief executive must consult the Privacy Commissioner about including in an arrangement actions that involve the collection or use of personal information.
159: 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 158(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 158(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 158(3)
8: Amendments to enactments
Amendment to Animal Products Act 1999
160: Amendment to Animal Products Act 1999
1: This section amends the Animal Products Act 1999
2: After section 161(5)(a)(xie)
xif: Organic Products and Production Act 2023 2023-04-06 Animal Products Act 1999 Amendments to Dairy Industry Restructuring Act 2001
161: Amendments to Dairy Industry Restructuring Act 2001
1: This section amends the Dairy Industry Restructuring Act 2001
2: In section 5(1) described as organic section 9 of the Organic Products and Production Act 2023 operator section 6 of the Organic Products and Production Act 2023 organic standard section 6 of the Organic Products and Production Act 2023 restricted by an organic standard section 10 of the Organic Products and Production Act 2023
3: In section 5(1) organic milk organic milk
a: means milk that is described as organic and restricted by an organic standard; or
b: if milk is not restricted by an organic standard, means raw milk—
i: produced by an operator complying voluntarily with a relevant organic standard (as referred to in section 12(c) of the Organic Products and Production Act 2023
ii: certified as organic milk by a certifying entity or person prescribed by regulations made under section 115(1)(fa) 2023-04-06 Dairy Industry Restructuring Act 2001 Amendment to Food Act 2014
162: Amendment to Food Act 2014
1: This section amends the Food Act 2014
2: After section 368(3)(x)
xa: the Organic Products and Production Act 2023 2023-04-06 Food Act 2014 Amendment to Legislation Act 2019
163: Amendment to Legislation Act 2019
1: This section amends the Legislation Act 2019
2: In Schedule 3 The following table is small in size and has 4 columns. This table amends Schedule 3 of the Legislation Act 2019 and should be read with that table to provide understanding of the context. Organic Products and Production Act 2023 Section 143 section 63 The relevant chief executive considers that compliance would result in 1 or more of the following:
a: disclosure of commercially sensitive information:
b: disclosure of a trade secret:
c: prejudice to New Zealand’s position in current or future negotiations for overseas market access:
d: prejudice to the international relations of New Zealand. Exemption applies if exemption ground is met Exemption applies 2023-04-06 Legislation Act 2019 Amendment to Legislation (Publication) Regulations 2021
164: Amendment to Legislation (Publication) Regulations 2021
1: This section amends the Legislation (Publication) Regulations 2021
2: In Schedule 4, Part 2 The following table is small in size and has 3 columns. Column 1 is headed Empowering legislation. Column 2 is headed Empowering provision(s). Column 3 is headed Qualifying criteria The minimum requirements do not apply if .... Empowering legislation Empowering provision(s) Qualifying criteria The minimum requirements do not apply if .... Organic Products and Production Act 2023 Section 143 section 63 The relevant chief executive considers that compliance with the requirements would result in 1 or more of the following:
a: disclosure of commercially sensitive information:
b: disclosure of a trade secret:
c: prejudice to New Zealand’s position in current or future negotiations for overseas market access:
d: prejudice to the international relations of New Zealand. 2023-04-06 Legislation (Publication) Regulations 2021 Amendment to Search and Surveillance Act 2012
165: Amendment to Search and Surveillance Act 2012
1: This section amends the Search and Surveillance Act 2012
2: In the Schedule Schedule 2 2023-04-06 Search and Surveillance Act 2012 Amendment to Summary Proceedings Act 1957
166: Amendment to Summary Proceedings Act 1957
1: This section amends the Summary Proceedings Act 1957
2: In section 2(1) infringement notice
jga: section 97 of the Organic Products and Production Act 2023 2023-04-06 Summary Proceedings Act 1957 |
LMS825974 | 2023 | Civil Aviation Amendment Act 2023 | 1: Title
This Act is the Civil Aviation Amendment Act 2023.
2: Commencement
1: This Act comes into force on a date or dates to be appointed by the Governor-General by Order in Council.
2: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation 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.
3: Principal Act
This Act amends the Civil Aviation Act 2023 OIC Civil Aviation Act 2023
4: Section 5 amended (Interpretation)
In section 5 foreign in-flight security officer
a: authorised to act on an aircraft that is in flight by the State that has issued the air operating certificate (or its equivalent) under which the air operation is conducted; and
b: subject to an in-flight security officer arrangement or agreement between New Zealand and the State that has issued the air operating certificate (or its equivalent) under which the air operation is conducted in-flight security officer
5: Section 56 amended (Rules relating to safety and security)
After section 56(f)
g: rules providing for in-flight safety and security, including, but not limited to, the following:
i: the possession, carriage, and use of a firearm, a weapon, ammunition, or any other equipment by an in-flight security officer on board an aircraft operated by an operator certified under Part 119 of the rules:
ii: the carriage of a firearm, a weapon, ammunition, or any other equipment by a foreign in-flight security officer while entering, transiting, or departing from New Zealand.
6: New sections 162A and 162B and cross-heading inserted
After section 162 In-flight security
162A: Director may approve firearms, weapons, ammunition, and other equipment for carriage and use by in-flight security officers
The Director may approve firearms, weapons, ammunition, and other equipment for carriage and use on board an aircraft by an in-flight security officer.
162B: Foreign in-flight security officers
1: Despite section 11 of the Aviation Crimes Act 1972, the Director may, in accordance with any requirements of the rules, authorise a person or class of persons described in subsection (2)
a: disembark from an aircraft:
b: board an aircraft:
c: pass through a—
i: security area:
ii: security enhanced area:
iii: sterile area.
2: The authorisation under subsection (1)
a: a foreign in-flight security officer who is accompanied by a constable and is carrying a firearm, a weapon, ammunition, or any other equipment; or
b: a class of foreign in-flight security officers who are accompanied by a constable and are carrying a firearm, a weapon, ammunition, or any other equipment.
3: Before granting an authorisation under subsection (1)
4: To avoid doubt, the authorisation of a foreign in-flight security officer by the State that has issued the air operating certificate (or its equivalent) under which the air operation is conducted applies only while the aircraft is in flight.
7: Amendments to other legislation
Amend the enactments specified in the Schedule OIC Arms Act 1983 Aviation Crimes Amendment Act 2007 |
LMS743551 | 2023 | Grocery Industry Competition Act 2023 | 1: Title
This Act is the Grocery Industry Competition Act 2023.
2: Commencement
1: This Act comes into force on the 14th day after Royal assent.
2: However, section 19
a: on a single date set by Order in Council; but
b: 9 months after Royal assent, if that section has not commenced by then.
3: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation 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.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to promote competition and efficiency in the grocery industry for the long-term benefit of consumers in New Zealand.
4: Commission’s functions under this Act
1: In addition to the other functions conferred on the Commission by this Act, the Commission’s functions under this Act are as follows:
a: to monitor competition and efficiency in the grocery industry:
b: to carry out inquiries, reviews, and studies (including international benchmarking) in connection with the grocery industry:
c: to act as a regulator of the grocery industry under this Act, including by—
i: issuing warnings, reports, or guidelines, or making comments, about any matter relating to the grocery industry, participants, or other persons engaged in conduct relating to the grocery industry (including in relation to 1 or more particular persons); and
ii: performing or exercising duties and powers under this Act, including making recommendations and issuing determinations under Parts 2 3
iii: monitoring compliance with and enforcing this Act, including by investigating conduct that constitutes or may constitute a contravention, an attempted contravention, or an involvement in a contravention; and
iv: taking appropriate action in respect of persons that have contravened, are contravening, have attempted to contravene, or are likely to contravene this Act, or have been involved, are involved, or are likely to be involved in a contravention of this Act:
d: to make available, or co-operate in making available, information in connection with the grocery industry (for example, reports or summaries about the things referred to in paragraphs (a) to (c)):
e: to co-operate with—
i: any other law enforcement or regulatory agency that carries out a role in relation to the grocery industry; and
ii: any overseas regulator that has functions in relation to a grocery industry corresponding to those of the Commission under this Act:
f: to keep under review the law and practices that are relevant to its other functions under this section (including overseas law and practices).
2: The Commission’s objective in performing its monitoring and reporting functions under this Act is to promote the purpose of this Act, including by—
a: understanding the current and emerging (or likely future) trends or issues in relation to the grocery industry and its participants; and
b: promoting transparency in, and about, that industry and about the way it is being regulated; and
c: supporting participants to understand and comply with that industry’s regulation; and
d: contributing to a trading environment in which businesses compete effectively and consumers and businesses participate confidently; and
e: improving awareness about the matters covered by reports under sections 20 60 74 78 92 103 108 175 176
3: The Commission’s monitoring and reporting functions under this Act may apply to any goods and services supplied by any grocery retailer.
5: Interpretation
1: In this Act, unless the context otherwise requires,— agreement associated person associated chief executive civil liability provision section 124(2) Commission
a: the Commerce Commission established under Part 1
b: for the purposes of determining any matter or class of matter specified in a direction under section 16(1) competition consumer
a: acquires, from a grocery retailer, groceries of a kind ordinarily acquired for personal, domestic, or household use or consumption; and
b: does not acquire the groceries, or hold themselves out as acquiring the groceries, for the purpose of—
i: resupplying groceries in trade; or
ii: consuming groceries in the course of a process of production or manufacture court see sections 146 147 document section 2 franchisee goods section 2(1) groceries
a: means goods in any of the following product categories:
i: fresh produce (for example, fruit, vegetables, and mushrooms):
ii: meat, seafood, or meat substitutes:
iii: dairy products (for example, milk, cheese, and butter):
iv: bakery products:
v: chilled or frozen food:
vi: pantry goods or dry goods (for example, eggs):
vii: manufacturer-packaged food:
viii: non-alcoholic drinks:
ix: personal care products (for example, toiletries, first aid, and medicine other than prescription medicine):
x: household consumables (for example, cleaning products, laundry products, and stationery products):
xi: pet care products (for example, pet food); but
b: does not include, for the purposes of the Act as a whole or for a specified Part of the Act, any good or product category that is excluded from this definition by the regulations for the purposes of the Act or that Part grocery retailer
a: means a person who carries on the business of supplying 1 or more categories of groceries to consumers; and
b: includes a regulated grocery retailer grocery supply code Part 2 interconnected interconnected bodies corporate section 2(7) involved in a contravention section 148 Minister Ministry participant
a: in trade; and
b: involved, directly or indirectly, in the grocery supply chain private label product publish
a: administered by or on behalf of the person who must or may publish the information; and
b: publicly available as far as practicable and free of charge regulated grocery retailer
a: for the purposes of Part 2 section 8
b: for the purposes of Part 3 section 26 regulations senior manager A supplier supply transacting shareholder section 4 turnover voting product section 6(1) wholesale customer section 25
2: In this Act, a person ( A associated associated person B
a: A is a body corporate and B has the power, directly or indirectly, to exercise, or control the exercise of, the rights to vote attaching to 25% or more of the voting products of the body corporate (or vice versa):
b: A and B are interconnected bodies corporate:
c: A and B are partners to whom the Partnership Law Act 2019
d: A is a director or senior manager of B (or vice versa):
e: A is a franchisee of B (or vice versa):
f: A is a transacting shareholder of B (or vice versa):
g: A and B are acting jointly or in concert:
h: A acts, or is accustomed to act, in accordance with the wishes of B (or vice versa):
i: A is able, directly or indirectly, to exert a substantial degree of influence over the activities of B (or vice versa):
j: A and B are bodies corporate that consist substantially of the same members or shareholders or that are under the control of the same persons:
k: there is another person with which A and B are both associated.
3: In this Act, a person ( C franchisee D
a: C has entered into or arrived at an agreement with D; and
b: under the agreement,—
i: D grants C the right to carry on the business of offering, supplying, or distributing goods under a system or marketing plan substantially determined, controlled, or suggested by D or any of D’s associated persons; and
ii: the business will be substantially or materially associated with a trade mark, marketing plan, or commercial symbol owned, used, or licensed by D or any of D’s associated persons.
6: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
7: Act binds the Crown
This Act binds the Crown.
2: Grocery supply code
Regulated grocery retailers
8: Grocery retailers that have grocery supply code obligations
In this Part, regulated grocery retailer
a: Foodstuffs North Island Limited:
b: Foodstuffs South Island Limited:
c: Woolworths New Zealand Limited:
d: a person that is designated as a regulated grocery retailer under section 9
e: a person that is any of the following in relation to a person ( A
i: a person that is an interconnected body corporate of A:
ii: a person that is a successor to A:
iii: a person that is a franchisee of A:
iv: a person that is a transacting shareholder of A.
9: Power to designate grocery retailer as having grocery supply code obligations
1: The Governor-General may, on the recommendation of the Minister, make an Order in Council designating a person as a regulated grocery retailer for the purpose of this Part.
2: An order made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation 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.
10: Minister’s recommendation for designation under this Part
1: The Minister may recommend that a person ( A
a: the Commission has given the Minister a recommendation about whether A should be designated; and
b: the Minister has had regard to the Commission’s recommendation.
2: In deciding whether to make a recommendation, the Minister may do any of the following:
a: accept the Commission’s recommendation that A be designated if the Minister is satisfied that the criteria set out in section 11(3)
b: reject the Commission’s recommendation that A be designated:
c: request that the Commission reconsider any matter (such as an error, an oversight, or competing policy interests):
d: reject the Commission’s recommendation that A not be designated and decide to recommend that A be designated if the Minister considers it is in the public interest:
e: accept the Commission’s recommendation that A not be designated.
11: Commission’s recommendation about designation under this Part
1: This section applies when the Commission is deciding what recommendation to give to the Minister about whether a person ( A
2: The Commission must—
a: publish a statement of its reasons for proposing to make a recommendation; and
b: consult the persons, or the representatives of the persons, that the Commission considers will be substantially affected by the recommendation (including A).
3: The Commission must be satisfied—
a: that A carries on, or is likely to carry on, a business of supplying all or a majority of categories of groceries to consumers; and
b: that any or all of the following apply:
i: A’s groceries turnover for the last accounting period exceeds $750 million:
ii: the designation of A as a regulated grocery retailer would be likely to promote competitive neutrality (that is, a level playing field) or to otherwise promote competition, having regard to the extent to which A supplies, or is likely to supply, groceries in competition with 1 or more regulated grocery retailers:
iii: the Commission has carried out an investigation into A (either at its discretion or at the request of the Minister), and the Commission is satisfied that—
A: A’s conduct has had the purpose, effect, or likely effect of unduly hindering or obstructing suppliers or a class of suppliers from participating confidently in their dealings with A; and
B: designating A as a regulated grocery retailer under this Part is likely to assist in the purpose of the grocery supply code being met.
4: The Commission may use any process that it considers appropriate for an investigation under subsection (3)(b)(iii).
5: The Commission must publish the recommendation as soon as practicable after making it, including a statement of its reasons for making the recommendation. Grocery supply code
12: Commission may make determinations for purpose of this Part (including grocery supply code)
1: The Commission may make a determination that does either or both of the following:
a: sets out a grocery supply code, which may apply to, and impose duties on, all regulated grocery retailers or related parties referred to in section 18
b: provides for the disapplication of that code in accordance with section 15
i: exempting a specified regulated grocery retailer or related party, or class of regulated grocery retailers or related parties, from any provision or provisions of the code:
ii: providing that the trading relationships of a specified supplier or class of suppliers are not covered (in whole or in part) by any provision or provisions of the code.
2: The Commission must consider the purpose of the grocery supply code set out in section 16
3: However, see clause 4
4: A determination made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
13: Process for making determination for purpose of this Part
1: The Commission may use any process that it considers appropriate to develop a determination under section 12
a: publish a draft determination; and
b: publish a statement of its reasons for proposing to make a determination; and
c: consult persons, or representatives of the persons, that the Commission considers will be substantially affected by the determination.
2: The Commission’s consultation about a determination that sets out a grocery supply code must include consultation about a draft code and the matters referred to in section 196(1)(e)
14: Process requirements do not apply to certain amendments
1: Section 13
a: the nature of the amendment is technical and non-controversial; or
b: the amendment is necessary or desirable to ensure that the determination is consistent with any other determination made under this Act; or
c: it is necessary or desirable in the public interest that the amendment be made urgently.
2: If the Commission relies on subsection (1)(c),—
a: the Commission must publish a statement of its reasons for acting under that paragraph; and
b: the amendment must be treated as revoked 9 months after it comes into force, unless it is earlier revoked (but this paragraph does not prevent the Commission from making the amendment again).
15: Requirements for disapplication of code
1: The Commission must, before making a determination under section 12(1)(b)
a: doing so is necessary or desirable in order to promote the purpose of this Act; and
b: the disapplication is unlikely to have the purpose, effect, or likely effect of unduly hindering or obstructing a supplier or class of suppliers from participating confidently in their dealings with a person to whom the code would otherwise apply; and
c: the extent of the disapplication is not broader than is reasonably necessary to address the matters that gave rise to the disapplication.
2: The Commission may make the determination on the terms and conditions (if any) that it thinks fit.
3: The determination may continue in force for not more than 5 years (and, at the close of the date that is 5 years after the determination first comes into force, the determination must be treated as having been revoked unless it is sooner revoked).
16: Purpose of grocery supply code
The purpose of the grocery supply code is to promote the purpose of this Act by—
a: promoting fair conduct, and prohibiting unfair conduct, between regulated grocery retailers, the related parties referred to in section 18
b: promoting transparency and certainty about the terms of agreements between regulated grocery retailers, the related parties referred to in section 18
c: contributing to a trading environment in the grocery industry—
i: in which businesses compete effectively and consumers and businesses participate confidently; and
ii: that includes a diverse range of suppliers.
17: Content of grocery supply code
The grocery supply code may contain any provisions that are necessary or desirable to promote the purpose of the code in connection with the supply of groceries, including to—
a: regulate or prohibit any conduct in connection with a regulated grocery retailer—
i: entering into or arriving at an agreement with a supplier (a supply agreement
ii: exercising a right or power, or complying with an obligation, under a supply agreement (whether the right, power, or obligation is exercised or complied with by a regulated grocery retailer or a supplier); or
iii: otherwise dealing with a supplier (or vice versa):
b: specify any requirements about the content or form of a supply agreement, including—
i: what terms or conditions must be included in the agreement, what terms or conditions must not be included, and what terms or conditions may only be included if certain requirements are met; and
ii: how the terms or conditions of the agreement are expressed:
c: regulate or prohibit any conduct in connection with a regulated grocery retailer supplying groceries acquired under a supply agreement to a consumer (for example, in connection with shelf-space allocation or in connection with marketing or otherwise promoting the groceries supplied under that agreement to consumers):
d: regulate or prohibit any other conduct, or specify any other requirements, in connection with the supply of groceries under a supply agreement:
e: prescribe modifications or other matters for the purposes of clause 1
18: Grocery supply code may extend to related parties of regulated grocery retailers
1: This section applies if a related party ( A
2: The grocery supply code may contain any provisions that are necessary or desirable to promote the purpose of this Act in connection with the conduct, agreements, and relationships of A in relation to suppliers and the supply of those groceries.
3: In that case, this Act must be read—
a: as if section 17(a) to (e)
b: with all other necessary modifications.
4: In this section, unless the context otherwise requires, related party
a: an associated person of the regulated grocery retailer:
b: a person ( A
5: Without limiting the ordinary meaning of the expression, a regulated grocery retailer is treated as having material influence
a: a director or senior manager of A:
b: a person that exercises or is entitled to exercise, or controls or is entitled to control the exercise of, powers that would ordinarily be exercised by a director or senior manager of A:
c: a person that can appoint or remove, or control the appointment or removal of, a director or senior manager of A:
d: a person that has a power to influence a decision of the business that would ordinarily require the holding of the rights to vote attaching to 25% or more of the voting products of A:
e: a person that, under a trust or an agreement (whether or not the person is a party to it), may at any time have a power referred to in paragraph (d).
19: Obligation to comply with grocery supply code
1: A regulated grocery retailer must comply with the grocery supply code.
2: A related party referred to in section 18
3: A person that contravenes this section is liable to a civil liability remedy (including an order to pay a pecuniary penalty or compensation). Guidance note
See subpart 3
20: Commission must review and report on grocery supply code
1: The Commission must—
a: complete a first review of the grocery supply code within 2 years after the date on which the code comes into force; and
b: give the Minister a report on that review as soon as practicable after completing it.
2: After the first review, the Commission—
a: must review the grocery supply code and give the Minister a report on that review at any subsequent time required by the Minister; and
b: may review the grocery supply code and give the Minister a report on that review at any other time.
3: The Commission must ensure that there is an interval of no more than 5 years between the completion of reviews.
4: The purpose of a review is to—
a: assess the operation and effectiveness of the grocery supply code; and
b: assess whether the grocery supply code should be amended, revoked, or replaced.
5: The Commission—
a: may give the Minister a report under this section as a separate report or as part of its annual report under section 175
b: at least 10 working days later, must publish the report.
3: Wholesale supply of groceries
1: Preliminary
21: Purpose of this Part
The purpose of this Part is to promote the purpose of this Act by enabling wholesale customers to—
a: have reliable and cost-effective wholesale supplies of groceries (either through wholesale supply provided by regulated grocery retailers, directly arranging supply from suppliers, or other channels, or any combination of those channels); and
b: have reasonable access to the benefits of the scale, and the efficiency, of operations of regulated grocery retailers and their associated persons.
22: Overview of regulation of wholesale supply of groceries
1: Subpart 2
2: Most of the rest of this Part provides for additional regulation for the wholesale supply of groceries. The process for imposing additional regulation involves the following:
a: the Commission may hold an inquiry under subpart 3
b: if the Commission is satisfied of the matters in section 65(1) subpart 4
i: a requirement for 1 or more regulated grocery retailers to establish, implement, and maintain a wholesale framework for the wholesale supply of groceries. A framework provides transparency about how a regulated grocery retailer will make decisions about price, range, quantity, frequency, and terms and conditions in connection with the wholesale supply of groceries:
ii: a grocery wholesale industry participation code. The code provides rules in connection with the wholesale supply of groceries provided by regulated grocery retailers:
c: the Commission may recommend to the Minister that additional regulation be imposed by an Order in Council under subpart 5
d: if the Minister is satisfied of the matters in section 82(1) subpart 5
i: a requirement for 1 or more regulated grocery retailers to supply groceries at wholesale on non-discriminatory terms. This ensures that a regulated grocery retailer does not treat wholesale customers differently from how it treats itself or its associated persons or any other wholesale customer, except in limited circumstances:
ii: a requirement for 1 or more regulated grocery retailers to supply groceries at wholesale in accordance with specified access terms regulation. This ensures that a regulated grocery retailer supplies groceries at wholesale on regulated terms and conditions (whether relating to price, range, quantity, frequency, or any other matter):
e: the Commission must make a determination under subpart 6 subpart 5
3: Regulations may be made under subpart 8
4: This Part also provides for requirements to apply in relation to the supply of services that are ancillary to the wholesale supply of groceries.
5: This section is intended only as a guide to the general scheme and effect of this Part.
23: Main principle of this Part
1: In deciding whether to perform or exercise their functions, powers, or duties under this Part, and in performing or exercising them, the Commission and the Minister must take into account the main principle of this Part.
2: The main principle is the importance of wholesale offerings to wholesale customers (including by regulated grocery retailers) being consistent with wholesale offerings provided in a competitive wholesale market.
24: Other principles of this Part
1: In deciding whether to perform or exercise their functions, powers, or duties under this Part, and in performing or exercising them, the Commission and the Minister must also take into account the following principles to the extent that the Commission or Minister considers them relevant to the main principle: Pricing
a: the desirability that each regulated grocery retailer’s wholesale prices reflect efficient costs, taking into account the following:
i: the costs of the regulated grocery retailer and its associated persons when buying groceries from suppliers, using the scale of operations of the regulated grocery retailer and its associated persons:
ii: the efficiency of operations of the regulated grocery retailer and its associated persons:
iii: the regulated grocery retailer’s reasonable expectation of recovering its efficient costs, including a reasonable return on investments made in connection with a wholesale offering:
b: the desirability that wholesale customers have reasonable access to any discounts, payments, or rebates made available to a regulated grocery retailer directly or indirectly by, or on behalf of, a supplier in connection with either or both of the following:
i: the scale of operations of the regulated grocery retailer and its associated persons:
ii: the efficiency of operations of the regulated grocery retailer and its associated persons: Range, quantity, and frequency
c: the desirability that each regulated grocery retailer’s wholesale offering provides reliable and cost-effective access to the range of wholesale groceries, at the quantity and frequency, that are or are likely to be demanded by wholesale customers ( see Quality
d: the desirability that the quality of groceries supplied under each regulated grocery retailer’s wholesale offering, and the quality of any ancillary service, is reasonable, having regard to the price of the groceries or the charge for the service: Clear market signals
e: the desirability that regulated grocery retailers, suppliers, and wholesale customers operate in an efficient wholesale market in which reliable, clear, and comparable information about wholesale supply and demand is available:
f: the desirability of regulated grocery retailers, suppliers, and wholesale customers being able to invest and innovate for the long-term benefit of consumers: Commercial relationships
g: the desirability of regulated grocery retailers and suppliers acting in a way that does not unduly hinder or obstruct wholesale customers and suppliers from developing and maintaining their own trading relationships for any commercial purpose, including—
i: for the purpose of negotiating agreements for promotion and marketing; and
ii: for the purpose of negotiating direct supply agreements:
h: the desirability of suppliers retaining reasonable control over the channels for the retail sale of their own products and brands: Diversity
i: the desirability of the grocery industry including a diverse range of suppliers and wholesale customers.
2: When taking into account the principle in subsection (1)(c), the Commission or Minister must have regard to other reasonably available channels of supply of groceries to wholesale customers (for example, wholesale customers directly arranging supply from suppliers).
25: Interpretation in this Part
1: In this Part, unless the context otherwise requires,— additional regulation
a: a requirement under subpart 4
b: a wholesale code under subpart 4
c: a requirement under subparts 5 6
d: a requirement under subparts 5 6 ancillary services arrange non-discrimination operational separation
a: includes the way in which business units are managed or structured, and the type of relationships, dealings, and transactions the units have:
b: does not include a requirement that any business unit must be operated by different owners:
c: may include business units being operated in different companies but only if the regulated grocery retailer wishes regulated grocery retailer section 26 supply agreement wholesale agreement see also wholesale code subpart 4 wholesale customer wholesale supply request section 34
2: For the purposes of this Part, a regulated grocery retailer supplies groceries if it—
a: supplies (or resupplies) the groceries by way of sale or exchange; or
b: arranges an agreement for the supply (or resupply) of the groceries by way of sale or exchange to 1 or more other persons. Example
A regulated grocery retailer ( A it purchases groceries from suppliers and on-sells those groceries to its franchisees: it arranges agreements under which suppliers sell groceries to its franchisees. A is treated as supplying groceries in both cases. If A is required to supply groceries at non-discriminatory terms, A must not treat its franchisees differently from other wholesale customers in relation to either of those ways of supplying groceries (except to the extent that a particular difference in treatment is objectively justifiable and does not lessen, and is unlikely to lessen, competition in any grocery market).
3: For the purposes of this Part, if ancillary services are or may be supplied by a regulated grocery retailer in connection with the wholesale supply of groceries under a wholesale agreement, the agreement for the supply of the ancillary services must be treated as forming part of the wholesale agreement.
26: Grocery retailers that have wholesale supply obligations
In this Part, regulated grocery retailer
a: Foodstuffs North Island Limited:
b: Foodstuffs South Island Limited:
c: Woolworths New Zealand Limited:
d: a person that is designated as a regulated grocery retailer under section 27
e: a person that is any of the following in relation to a person ( A
i: a person that is an interconnected body corporate of A:
ii: a person that is a successor to A:
iii: a person that is a franchisee of A:
iv: a person that is a transacting shareholder of A.
27: Power to designate grocery retailer as having wholesale supply obligations
1: The Governor-General may, on the recommendation of the Minister, make an Order in Council designating a person as a regulated grocery retailer for the purpose of this Part.
2: The order may specify periods for the purposes of sections 36(2)(c) 38(4)(c) 44(2)(c)
3: An order made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation 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.
28: Minister’s recommendation for designation under this Part
1: The Minister may recommend that a person ( A
a: the Commission has given the Minister a recommendation about whether A should be designated; and
b: the Minister has had regard to the Commission’s recommendation; and
c: A has been carrying on business as a grocery retailer in the whole or any part of New Zealand for 5 years or more.
2: In deciding whether to make a recommendation, the Minister may do any of the following:
a: accept the Commission’s recommendation that A be designated if the Minister is satisfied that the criteria set out in section 29(2)(c)
b: reject the Commission’s recommendation that A be designated:
c: request that the Commission reconsider any matter (such as an error, an oversight, or competing policy interests):
d: reject the Commission’s recommendation that A not be designated and decide to recommend that A be designated if the Minister considers it is in the public interest:
e: accept the Commission’s recommendation that A not be designated.
3: For the purposes of subsection (1)(c), A must be treated as carrying on a business referred to in that paragraph for 5 years or more if—
a: A acquires (directly or indirectly) the whole or any significant part of the business of a regulated grocery retailer referred to in section 26(a) to (d)
b: a significant number of the franchisees or transacting shareholders of a regulated grocery retailer referred to in section 26(a) to (d)
29: Commission’s recommendation about designation under this Part
1: This section applies when the Commission is deciding what recommendation to give to the Minister about whether a person ( A
2: The Commission must—
a: publish a statement of its reasons for proposing to make a recommendation; and
b: consult the persons, or the representatives of the persons, that the Commission considers will be substantially affected by the recommendation (including A); and
c: be satisfied that—
i: A carries on, or is likely to carry on, a business of supplying all or a majority of categories of groceries to consumers; and
ii: the designation of A as a regulated grocery retailer would be likely to promote competitive neutrality (that is, a level playing field) or to otherwise promote competition, having regard to the extent to which A supplies, or is likely to supply, groceries in competition with 1 or more regulated grocery retailers.
3: The Commission must publish the recommendation as soon as practicable after making it, including a statement of its reasons for making the recommendation.
30: Application of Part to groups
Sections 31 to 33
a: a person ( A section 26(a) to (d)
b: each person ( B
i: an interconnected body corporate of A:
ii: a franchisee of A:
iii: a transacting shareholder of A.
31: Main regulated grocery retailer must take reasonable steps to ensure compliance
1: If a person B is subject to a duty under this Part, A must—
a: take all reasonable steps to ensure that B complies with the duty; or
b: perform the duty on B’s behalf.
2: If B contravenes any civil liability provision as a result of failing to comply with a duty under this Part, A must be treated as also having contravened the civil liability provision.
3: Subsection (2) does not apply if A proves that it complied with subsection (1)(a).
32: Defence if interconnected body, franchisee, or transacting shareholder reasonably relies on main regulated grocery retailer
1: This section applies to a proceeding under subpart 3
2: It is a defence if B proves that—
a: the contravention was due to the act or default of A; and
b: B reasonably believed that A would perform the duty on B’s behalf; and
c: B took all reasonable steps to ensure that the duty was complied with.
33: Order in Council or determination may prescribe how powers or duties must or may be performed or exercised within group
1: An Order in Council or a determination made under this Part may prescribe that, for the purposes of 1 or more provisions of this Part, powers or duties may or must be exercised or performed by—
a: A; or
b: 1 or more persons that are a person B; or
c: both A and 1 or more persons that are a person B.
2: An Order in Council or a determination made under this Part may also prescribe that a power or duty that is exercised or performed in accordance with subsection (1) must be treated as being exercised or performed by—
a: A; or
b: 1 or more persons that are a person B; or
c: both A and 1 or more persons that are a person B.
3: Sections 31 32
2: Requirements for facilitating commercial agreements for wholesale supply of groceries
34: Wholesale customer may make wholesale supply request
1: A wholesale customer may make a request to a regulated grocery retailer for the wholesale supply of groceries and any ancillary services (a wholesale supply request
2: The wholesale supply request must be made in the manner (if any) prescribed by a determination made under this subpart.
35: Regulated grocery retailer must consider wholesale supply request in good faith
1: A regulated grocery retailer must consider a wholesale supply request in good faith (including negotiating in good faith).
2: The duty under subsection (1) includes requiring the regulated grocery retailer to—
a: consider the request in a reasonable manner; and
b: respond to communications from the wholesale customer in a timely manner; and
c: ensure that communications about the request are not false or misleading, and are not likely to mislead or confuse, in a material particular.
3: Subsection (2) does not limit subsection (1).
36: Regulated grocery retailer must establish and implement rules, criteria, and procedures for considering wholesale supply requests
1: A regulated grocery retailer must—
a: establish and implement effective rules, criteria, and procedures for considering wholesale supply requests; and
b: give a copy of those rules, criteria, and procedures to the Commission; and
c: publish a copy of those rules, criteria, and procedures.
2: A regulated grocery retailer must comply with subsection (1)—
a: within 2 months after this section comes into force if it is a regulated grocery retailer on the day on which this section comes into force; or
b: within 6 months after it becomes a regulated grocery retailer under section 26(e) section 27
c: within the period specified in an Order in Council made under section 27
37: Regulated grocery retailer must comply with ongoing duties relating to rules, criteria, and procedures
A regulated grocery retailer must—
a: take all reasonable steps to comply with the rules, criteria, and procedures referred to in section 36
b: regularly review and, if necessary, amend those rules, criteria, and procedures to ensure that they continue to comply with this Act (including the requirements of any determination made under this subpart).
38: Regulated grocery retailer must establish and implement standard terms and conditions and principles for wholesale supply
1: A regulated grocery retailer must,—
a: to the extent that is reasonably practicable, establish and implement standard terms and conditions for the wholesale supply of groceries; and
b: to the extent that particular terms and conditions for the wholesale supply of groceries are not standardised (for example, price), establish principles for determining the basis on which the regulated grocery retailer will make offers, or respond to offers, in relation to those terms and conditions; and
c: give a copy of those standard terms and conditions, and those principles, to the Commission; and
d: publish a copy of those standard terms and conditions and those principles.
2: A regulated grocery retailer may establish and implement different standard terms and conditions that apply in different circumstances (unless a determination made under this Part provides otherwise).
3: A regulated grocery retailer is not required to publish particular information under subsection (1)(d) if it considers on reasonable grounds that the information is commercially sensitive (unless a determination made under this Part provides otherwise).
4: A regulated grocery retailer must comply with subsection (1)—
a: within 2 months after this section comes into force if it is a regulated grocery retailer on the day on which this section comes into force; or
b: within 6 months after it becomes a regulated grocery retailer under section 26(e) section 27
c: within the period specified in an Order in Council made under section 27
39: Regulated grocery retailer must comply with ongoing duties relating to standard terms and conditions and principles
A regulated grocery retailer must—
a: take all reasonable steps to use the standard terms and conditions referred to in section 38
b: to the extent that particular terms and conditions are not standard, take all reasonable steps to use terms and conditions that are consistent with the principles referred to in section 38
c: regularly review and, if necessary, amend those standard terms and conditions and those principles to ensure that they continue to comply with this Act (including the requirements of any determination made under this subpart).
40: Regulated grocery retailer must notify Commission of wholesale supply request
1: A regulated grocery retailer must—
a: notify the Commission of each wholesale supply request that it has received; and
b: notify the Commission of the outcome of the wholesale supply request; and
c: if the regulated grocery retailer accepts the wholesale supply request, give the Commission a copy of each wholesale agreement; and
d: if the regulated grocery retailer declines the wholesale supply request, notify the Commission of the reasons for declining the request.
2: The regulated grocery retailer must comply with subsection (1)—
a: within 1 month after the request is received, the outcome is determined, or the request is accepted or declined (as the case may be); or
b: within a shorter or longer period prescribed in a determination made under this subpart.
41: Regulated grocery retailer must notify Commission of variation or cancellation
1: If a wholesale agreement is varied, the regulated grocery retailer must, as soon as practicable,—
a: notify the Commission of—
i: the variation; and
ii: the reasons for the variation; and
b: give the Commission a copy of the variation or the agreement as varied.
2: If a wholesale agreement is cancelled, the regulated grocery retailer must, as soon as practicable, notify the Commission of—
a: the cancellation; and
b: the reasons for the cancellation (to the extent that the regulated grocery retailer knows the reasons).
3: The regulated grocery retailer must comply with this section—
a: within 1 month after the agreement is varied or cancelled (as the case may be); or
b: within a shorter or longer period prescribed in a determination made under this subpart.
42: Regulated grocery retailer must ensure transparency of wholesale agreement
A regulated grocery retailer must ensure that each wholesale agreement—
a: is in writing; and
b: is expressed in plain language in a clear, concise, and intelligible manner.
43: Regulated grocery retailer must ensure transparent pricing under wholesale agreement
1: A regulated grocery retailer must ensure that—
a: each wholesale agreement specifies a method or methods (a pricing or charging method
b: the prices of groceries, and the charges for ancillary services, supplied under the wholesale agreement are calculated using a pricing or charging method.
2: A regulated grocery retailer must not vary a pricing or charging method specified in a wholesale agreement, except—
a: in a manner that is beneficial to the wholesale customer; or
b: in accordance with a determination issued under this subpart; or
c: in a manner that is not to the detriment of the wholesale customer and has the wholesale customer’s agreement.
44: Regulated grocery retailer must put in place systems and processes for wholesale supply
1: A regulated grocery retailer must establish and implement effective systems and the processes that are necessary or desirable to supply wholesale groceries to wholesale customers (for example, systems for ordering, billing, and managing confidentiality arrangements).
2: A regulated grocery retailer must comply with subsection (1)—
a: within 3 months after this section comes into force if it is a regulated grocery retailer on the day on which this section comes into force; or
b: within 6 months after it becomes a regulated grocery retailer under section 26(e) section 27
c: within the period specified in an Order in Council made under section 27
3: A regulated grocery retailer must maintain those systems and processes.
45: Regulated grocery retailer must ensure that its wholesale agreements and conduct do not hinder or obstruct trading relationships
1: A regulated grocery retailer—
a: must ensure that its wholesale agreements do not unduly hinder or obstruct a wholesale customer from developing or maintaining its own trading relationship with any supplier; and
b: must not engage in any conduct that has the purpose, effect, or likely effect of unduly hindering or obstructing—
i: a wholesale customer from developing or maintaining its own trading relationship with any supplier; or
ii: a supplier from developing or maintaining a trading relationship with any wholesale customer; and
c: must not engage in any conduct that has the purpose, effect, or likely effect of—
i: unduly hindering or obstructing a supplier from participating in a wholesale offering; or
ii: inducing a supplier to refuse or fail to sell any groceries in connection with a wholesale offering; or
iii: inducing a supplier to opt out under section 87
2: In this section and section 46 wholesale customer A
a: has the meaning set out in section 25(1)
b: does not include a member of the same group as A (unless a determination made under this subpart provides otherwise).
3: In subsection (2) and section 49(1) group section 30
46: Regulated grocery retailer must not engage in certain conduct relating to supplier discounts, payments, or rebates
1: A regulated grocery retailer must not engage in conduct that has the purpose, effect, or likely effect of preventing or restricting a wholesale customer from receiving (directly or indirectly) the benefits of a range-, quantity-, or frequency-based discount, payment, or rebate.
2: In this section, range-, quantity-, or frequency-based discount, payment, or rebate
a: in connection with either or both of the following:
i: the scale of operations of the regulated grocery retailer and its associated persons:
ii: the efficiency of operations of the regulated grocery retailer and its associated persons; and
b: that meets the requirements specified in a determination made under this subpart (if any).
47: Regulated grocery retailer must comply with determination
A regulated grocery retailer must comply with a duty under sections 35 to 46
48: Civil liability for contraventions
A person that contravenes any of sections 35 to 47 Guidance note
See subpart 3
49: Commission may prescribe manner of complying with duty
1: The Commission may make a determination prescribing the manner in which a person must comply with a duty under section 34(2) sections 35 to 46
a: when, where, and how the duty must be complied with:
b: what information or other evidence or documents must be provided in connection with the duty:
c: requirements with which information, evidence, or documents that are provided in connection with the duty must comply:
d: matters for the purposes of section 38(3)
e: how a regulated grocery retailer may vary a pricing or charging method specified in a wholesale agreement ( see section 43
f: for the purposes of section 45 46
g: requirements for the purposes of section 46(2)(b)
h: modifications for the purposes of clause 2
2: The Commission may make the determination only if the Commission is satisfied that it is necessary or desirable in order to promote the purpose of this Part.
3: A determination made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
50: Commission may grant exemption
1: The Commission may make a determination that exempts any person or class of persons from compliance with any provision or provisions of this subpart if the Commission is satisfied that—
a: doing so is necessary or desirable in order to promote the purpose of this Part; and
b: the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption.
2: The Commission may grant the exemption on the terms and conditions (if any) that it thinks fit.
3: The Commission’s reasons for making the determination (including why the exemption is appropriate) must be published together with the determination.
4: A determination made under this section may continue in force for not more than 5 years (and at the close of the date that is 5 years after the determination first comes into force, the determination must be treated as having been revoked unless it is sooner revoked).
5: A determination made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
51: Process for making determination under this subpart
The Commission may use any process that it considers appropriate to develop a determination under this subpart, but must—
a: publish a draft determination; and
b: publish a statement of its reasons for proposing to make a determination; and
c: consult persons, or representatives of the persons, that the Commission considers will be substantially affected by the determination.
52: Process requirements do not apply to certain amendments
1: Section 51(a) to (c)
a: the nature of the amendment is technical and non-controversial; or
b: the amendment is necessary or desirable to ensure that the determination is consistent with any other determination made under this Part; or
c: it is necessary or desirable in the public interest that the amendment be made urgently.
2: If the Commission relies on subsection (1)(c),—
a: the Commission must publish a statement of its reasons for acting under that paragraph; and
b: the amendment must be treated as revoked 9 months after it comes into force, unless it is earlier revoked (but this paragraph does not prevent the Commission from making the amendment again).
53: Duties do not apply to extent that they are inconsistent with additional regulation
A duty under this subpart that would otherwise apply to a person does not apply to the extent that it is inconsistent with a duty that applies to the person under subparts 4 to 6
54: Duties do not apply if additional regulation so provides
A duty under this subpart that would otherwise apply to a person does not apply if a determination made under subpart 4 6
3: Commission inquiries
55: How inquiry is triggered
1: The Commission—
a: must carry out an inquiry if required to do so by the Minister; and
b: may carry out an inquiry on its own initiative (whether when preparing a report under section 175
2: Any requirement by the Minister must—
a: be in writing; and
b: specify the date by which the Commission must give a report under section 60
56: Commission may inquire into whether and what additional regulation should apply
1: The purpose of an inquiry is for the Commission to consider the following:
a: whether the wholesale supply of groceries and any ancillary services should be subject to additional regulation and, if so, what additional regulation should apply:
b: if additional regulation already applies, whether the additional regulation should be amended, revoked, or replaced and, if so, how the additional regulation should be amended, revoked, or replaced:
c: whether any other regulation or action may be necessary or desirable to promote the purpose of this Act.
2: However,—
a: the Commission may make a determination under subpart 4
b: see sections 83(2) 84 subpart 5
57: Commission inquiry
1: In carrying out an inquiry, the Commission must consider—
a: whether any of the tests in section 65(1) 82(1)
b: if the test or tests are satisfied (or are still satisfied), whether the wholesale supply of groceries and any ancillary services should be subject to (or should continue to be subject to) additional regulation; and
c: if so, what additional regulation should apply (or continue to apply), including—
i: which type or types of regulation should apply (or continue to apply); and
ii: which regulated grocery retailers should be subject to the additional regulation; and
d: if requested by the Minister, whether the test in section 112(1)(a)
2: The Commission may also consider either or both of the following:
a: how a type or types of additional regulation should apply (or continue to apply):
b: whether any other regulation or action may be necessary or desirable to promote the purpose of this Act ( see section 58(2)
3: As part of an inquiry, the Commission must, when considering the matters under subsection (1)(b) or (c),—
a: assess the benefits of applying (or continuing) different types of additional regulation; and
b: consider what would be the most cost-effective type or types of additional regulation in the circumstances.
4: The Commission may have regard to any other matters it considers necessary or desirable for the purpose of the inquiry.
5: Despite section 56 section 112(1)(a)
a: the purpose of the inquiry is limited to considering that matter; and
b: subsections (1)(a) to (c) and (3) and section 58(1)(b) and (c)
58: Preparation of report
1: The Commission must prepare a report that—
a: records its findings from the inquiry; and
b: sets out whether the Commission intends to impose, amend, revoke, or replace—
i: any additional regulation under subpart 4
ii: any determination under subpart 6
c: sets out any recommendation to the Minister in relation to an Order in Council under subpart 5
d: sets out any recommendation to the Minister in relation to regulations under subpart 8
2: The Commission may include other recommendations that it thinks fit, including recommendations about 1 or more of the following:
a: changes to legislation or other instruments:
b: changes to the policies or practices of central or local government:
c: changes to the amount or type of information made available by a person in relation to the grocery industry:
d: a person researching or monitoring a specified matter:
e: persons within the grocery industry changing their behaviour.
59: Consultation on draft report
1: Before a report on the inquiry is finalised, the Commission must—
a: publish a draft report; and
b: allow a reasonable time for comments on the draft.
2: In preparing its final report, the Commission must have regard to any comments received on the draft report within the time allowed.
60: Commission must give report to Minister and publish it
The Commission must—
a: give the final report on the inquiry to the Minister as soon as practicable after completing it (whether as a separate report or as part of its annual report under section 175
b: at least 10 working days later, publish the final report.
61: Minister must present report to House of Representatives
The Minister must, within 1 month after receiving the final report, present the report to the House of Representatives.
62: How Minister must or may respond to Commission’s recommendation
1: The Minister—
a: must have regard to any recommendation made to the Minister in the final report; and
b: may do 1 or more of the following:
i: accept the recommendation in whole or in part:
ii: reject the recommendation in whole or in part:
iii: request the Commission to reconsider or clarify the recommendation in whole or in part.
2: The Commission must comply with a request made under subsection (1)(b)(iii) within a period and in a manner agreed between the Commission and the Minister.
63: Minister must publish Government’s response
1: The Minister must, within a reasonable time after receiving a final report,—
a: publish a response to the report that sets out the Government’s intentions in relation to the report (including the Minister’s intentions under section 62(1)(b)
b: present the response to the House of Representatives.
2: This section does not apply if the final report contains no recommendations.
4: Commission may impose additional regulation (wholesale frameworks and wholesale code)
64: Commission may impose additional regulation
1: The Commission may make a determination that does 1 or more of the following:
a: requires 1 or more regulated grocery retailers to establish, implement, and maintain, in the manner set out in the determination, a framework for the wholesale supply of groceries and any ancillary services (a wholesale framework
b: sets out a grocery wholesale industry participation code (the wholesale code
c: provides that a wholesale framework is not required to include a matter under section 70(1)(a) or (b)
d: provides for matters under section 70(3)
e: provides, for the purposes of section 54 subpart 2
f: provides for when a regulated grocery retailer is allowed to act under section 114
g: prescribes modifications or other matters for the purposes of clause 1
2: A wholesale code may apply to, and impose duties on, any of the following:
a: all regulated grocery retailers, a particular regulated grocery retailer, or a class of regulated grocery retailers:
b: all wholesale customers, a particular wholesale customer, or a class of wholesale customers.
3: The following applies to a determination under subsection (1)(e) that disapplies a duty to a specified person or class of persons:
a: the Commission may make the determination only if the Commission (in addition to being satisfied of the matters in section 65(1)
b: the duty may be disapplied subject to the terms and conditions that the Commission thinks fit (if any).
4: A determination made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
65: Test for additional regulation (wholesale frameworks and wholesale code)
1: The Commission may make a determination under this subpart only if it is satisfied—
a: that doing so is necessary or desirable in order to promote the purpose of this Part; and
b: that—
i: 1 or more of the paragraphs in subsection (2) apply; or
ii: the wholesale offerings of groceries provided by 1 or more regulated grocery retailers (in relation to any 1 or more of price, range, quantity, frequency, or any terms and conditions) are not consistent with wholesale offerings provided in a competitive wholesale market.
2: For the purposes of subsection (1)(b)(i), the paragraphs are as follows:
a: a regulated grocery retailer has failed to do either or both of the following within 3 months after subpart 2
i: comply with section 36(1)
ii: comply with section 38(1)
b: a regulated grocery retailer has failed to comply with section 44(1) subpart 2
c: on the first anniversary of subpart 2 A
i: 1 or more wholesale customers have made wholesale supply requests to A; and
ii: 1 or more of those wholesale customers have taken all reasonable steps to enter into or arrive at a wholesale agreement with A but have been unable to do so within a reasonable period of time:
d: on the first anniversary of subpart 2
i: a regulated grocery retailer has entered into 1 or more wholesale agreements; but
ii: those wholesale agreements do not materially contribute towards achieving the purpose of this Part.
3: Subsection (2)(c) and (d) does not apply to a regulated grocery retailer ( A
a: A has taken all reasonable steps to enter into or arrive at 1 or more wholesale agreements that materially contribute towards achieving the purpose of this Part; but
b: A has failed to do so—
i: because 1 or more wholesale customers have entered into or arrived at agreements for the wholesale supply of groceries with 1 or more other persons; or
ii: because of some other cause beyond A’s control.
4: If the Commission is satisfied that a regulated grocery retailer has seriously or persistently contravened 1 or more of the duties in sections 35 37 39 43 to 47
5: Before making a determination under this subpart, the Commission must have regard to whether any matter dealt with in the determination would be more appropriately dealt with by way of an Order in Council under subpart 5 subpart 6
66: Commission may act in relation to regulated grocery retailer even if retailer complies with subpart 2
1: If the Commission is satisfied under section 65(1)(b)(i) A
a: A; or
b: A and some or all other regulated grocery retailers (regardless of whether the other regulated grocery retailers have failed to comply with any obligations under subpart 2
2: If the Commission is satisfied under section 65(1)(b)(ii) subpart 2
67: Process for making determination under this subpart
1: The Commission may use any process that it considers appropriate to develop a determination under this subpart, but must—
a: publish a draft determination; and
b: publish a statement of its reasons for proposing to make a determination; and
c: consult persons, or representatives of the persons, that the Commission considers will be substantially affected by a determination.
2: In the case of a determination that sets out a wholesale code, the Commission’s consultation under subsection (1)(c) must include consultation about a recommendation referred to in section 196(4)(b)(i)
68: Process requirements do not apply to certain amendments
1: Section 67(1)(a) to (c)
a: the nature of the amendment is technical and non-controversial; or
b: the amendment is necessary or desirable to ensure that the determination is consistent with any other determination made under this Part; or
c: it is necessary or desirable in the public interest that the amendment be made urgently.
2: If the Commission relies on subsection (1)(c),—
a: the Commission must publish a statement of its reasons for acting under that paragraph; and
b: the amendment must be treated as revoked 9 months after it comes into force, unless it is earlier revoked (but this paragraph does not prevent the Commission from making the amendment again). Wholesale framework
69: Process for developing wholesale framework
1: A regulated grocery retailer must, within the time frame, and in the manner, specified in a determination under section 64(1)(a)
a: prepare a draft wholesale framework; and
b: consult the following on the draft wholesale framework:
i: the persons, or representatives of the persons, specified in the determination; and
ii: the Commission; and
c: provide a final wholesale framework to the Commission; and
d: ensure that the final wholesale framework complies with section 70
2: A regulated grocery retailer may amend or replace its wholesale framework.
3: Requirements that apply in relation to developing the wholesale framework also apply, with all necessary modifications, in relation to its amendment or replacement.
70: Contents of wholesale framework
1: A regulated grocery retailer’s wholesale framework must—
a: set out how it will make decisions about pricing, range, quantity, frequency, and terms and conditions in connection with the wholesale supply of groceries and any ancillary services, including specifying the basis for all costs that it will use to arrive at wholesale prices for groceries and charges for ancillary services (if any); and
b: specify all inputs, assumptions, and processes in connection with those decisions; and
c: comply with all requirements set out in a direction under section 72
d: comply with all other requirements set out in the determination under section 64(1)(a)
2: However, a regulated grocery retailer’s wholesale framework is not required to include a matter under subsection (1)(a) or (b) if a determination made under this subpart provides that the matter is not required.
3: A regulated grocery retailer’s wholesale framework may regulate, deal with, or otherwise relate to any of the duties under sections 35 to 46
4: If a wholesale framework of a regulated grocery retailer ( A sections 35 to 46
a: a determination under section 50
b: a determination under section 64(1)(e)
71: Regulated grocery retailer must comply with wholesale framework
A regulated grocery retailer must ensure that its decisions about pricing, range, quantity, frequency, and terms and conditions in connection with the wholesale supply of groceries and any ancillary services are made in accordance with its wholesale framework.
72: Commission may direct inputs, assumptions, processes, and requirements to be included, amended, or revoked
1: The Commission may, by written notice, direct a regulated grocery retailer to include, amend, or revoke any inputs, assumptions, processes, or requirements in its wholesale framework.
2: The Commission may give the direction only if—
a: it is satisfied that it is necessary or desirable to do so in order to promote the purpose of this Part; and
b: it has consulted the regulated grocery retailer.
3: The regulated grocery retailer must comply with the direction within the time frame, and in the manner, specified in the direction.
73: Civil liability for contraventions
A person that contravenes section 69 71 72(3) Guidance note
See subpart 3
74: Commission must review and report on wholesale frameworks
1: The Commission must—
a: complete a first review of each wholesale framework within 3 years after the framework comes into effect; and
b: give the Minister a report on that review as soon as practicable after completing it.
2: After the first review, the Commission—
a: must review a wholesale framework and give the Minister a report on that review at any subsequent time required by the Minister; and
b: may review a wholesale framework and give the Minister a report on that review at any other time.
3: The purpose of a review of a wholesale framework is to—
a: assess the operation and effectiveness of the wholesale framework; and
b: assess whether a determination or direction under this subpart should be made or amended, revoked, or replaced.
4: The Commission—
a: may give the Minister a report under this section as a separate report or as part of its annual report under section 175
b: at least 10 working days later, must publish the report. Wholesale code
75: Content of wholesale code
1: The wholesale code may contain any provisions that are necessary or desirable to promote the purpose of this Part, including provisions that— Wholesale agreements and conduct
a: regulate or prohibit any conduct in connection with—
i: a wholesale supply request; or
ii: entering into or arriving at a wholesale agreement; or
iii: exercising a right or power, or complying with an obligation, under a wholesale agreement (whether the right, power, or obligation is exercised or complied with by a regulated grocery retailer or a wholesale customer); or
iv: a regulated grocery retailer otherwise dealing with a wholesale customer (or vice versa):
b: specify any requirements about the content or form of a wholesale agreement, including—
i: what terms or conditions must be included in the agreement, what terms or conditions must not be included, and what terms or conditions may only be included if certain requirements are met; and
ii: how the terms and conditions of the agreement are expressed:
c: regulate or prohibit any conduct in connection with supplying groceries or any ancillary services under a wholesale agreement: Supply agreements and conduct
d: regulate or prohibit any conduct in connection with—
i: entering into or arriving at a supply agreement; or
ii: exercising a right or power, or complying with an obligation, under a supply agreement (whether the right, power, or obligation is exercised or complied with by a regulated grocery retailer or a supplier); or
iii: a regulated grocery retailer otherwise dealing with a supplier (or vice versa):
e: specify in relation to a supply agreement what terms or conditions must be included, what terms or conditions must not be included, and what terms or conditions may only be included if certain requirements are met:
f: impose any other duty on a regulated grocery retailer or supplier to ensure that they act in a manner that is consistent with—
i: the principle set out in section 24(1)(b)
ii: the principle set out in section 24(1)(c) General
g: regulate, deal with, or otherwise relate to any of the matters referred to in sections 34 to 46
h: impose any other duty on a regulated grocery retailer or wholesale customer to ensure that they act in a manner that is consistent with the principle set out in section 23
2: The Commission may include provisions in the wholesale code for the purposes of subsection (1)(d) to (f) only if—
a: it is satisfied that the provisions are necessary or desirable to promote the principle set out in section 24(1)(b)
b: it is satisfied that—
i: the conduct of suppliers (whether individually or collectively) has been, or is likely to have been, lessening competition in a wholesale or retail grocery market; and
ii: the provisions are necessary or desirable to promote the principle set out in section 24(1)(c)
76: Regulated grocery retailer and supplier must comply with wholesale code
1: A regulated grocery retailer must comply with the wholesale code.
2: A supplier must comply with the provisions of the wholesale code imposed under section 75(1)(d) to (f)
3: A person that contravenes this section is liable to a civil liability remedy (including an order to pay a pecuniary penalty or compensation). Guidance note
See subpart 3
77: Wholesale customer must comply with wholesale code
1: A wholesale customer must comply with the wholesale code.
2: This section is not a civil liability provision (and, accordingly, there is no civil liability remedy for a contravention of this section). However, see sections 114 115
78: Commission must review and report on wholesale code
1: The Commission must—
a: complete a first review of the wholesale code within 3 years after the code comes into force; and
b: give the Minister a report on that review as soon as practicable after completing it.
2: After the first review, the Commission—
a: must review the wholesale code and give the Minister a report on that review at any subsequent time required by the Minister; and
b: may review the wholesale code and give the Minister a report on that review at any other time.
3: The purpose of a review is to—
a: assess the operation and effectiveness of the wholesale code; and
b: assess whether the wholesale code should be amended, revoked, or replaced.
4: The Commission—
a: may give the Minister a report under this section as a separate report or as part of its annual report under section 175
b: at least 10 working days later, must publish the report. When duties do not apply
79: Duties do not apply to extent that they are inconsistent with other additional regulation
A duty under this subpart that would otherwise apply to a person does not apply to the extent that it is inconsistent with a duty that applies to the person under subparts 5 6
80: Duties do not apply if additional regulation so provides
A duty under this subpart that would otherwise apply to a person does not apply if a determination made under subpart 6
5: Order in Council (non-discriminatory terms and specified access terms)
81: Order in Council may require regulated grocery retailers to supply wholesale customers
1: The Governor-General may, on the recommendation of the Minister, make an Order in Council that does 1 or more of the following in relation to the wholesale supply of groceries to wholesale customers:
a: requires 1 or more regulated grocery retailers to supply groceries, or specified classes of groceries, on non-discriminatory terms in accordance with a determination made under section 88
b: requires 1 or more regulated grocery retailers to supply groceries, or specified classes of groceries, in accordance with specified access terms regulation (as specified in a determination made under section 93
c: imposes requirements to facilitate the operation of any requirements under paragraph (a) or (b), including any accounting, financial reporting, and operational separation requirements:
d: prescribes modifications or other matters for the purposes of clause 1
2: In this section, a reference to the supply of groceries or classes of groceries includes the supply of any ancillary services or classes of ancillary services.
3: An order made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation 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.
82: Test for additional regulation (non-discriminatory terms and specified access terms regulation)
1: The Minister may recommend that an Order in Council be made under this subpart only if the Minister is satisfied that—
a: making the order is necessary or desirable in order to promote the purpose of this Part; and
b: the wholesale offerings of groceries provided by 1 or more regulated grocery retailers (in relation to any 1 or more of price, range, quantity, frequency, or any terms or conditions) are not consistent with wholesale offerings provided in a competitive wholesale market.
2: If the Minister is satisfied that a regulated grocery retailer has seriously or persistently contravened 1 or more of the duties in sections 35 37 39 43 to 47
3: However, the Minister may recommend that the order applies to 1, some, or all regulated grocery retailers regardless of whether any of those regulated grocery retailers have failed to comply with any duties under subpart 2
83: Order may be made only after inquiry
1: In addition to the requirements of section 82
a: the Commission has carried out an inquiry under subpart 3 section 60
b: the Minister has had regard to the recommendations made to the Minister in the final report (as required by section 62(1)(a)
c: in a case where the Minister makes a request under section 84(2)
2: However, the Minister may make a recommendation regardless of whether the Commission has recommended that an Order in Council be made ( see section 84
84: Minister’s decision on additional regulation under this subpart may be same as, or different from, Commission’s recommendation
1: The Minister’s decision on whether to make a recommendation for an Order in Council under this subpart may be the same as, or different from, the Commission’s recommendation in relation to additional regulation under this subpart (if any).
2: However, if the Minister proposes, contrary to the recommendation of the Commission, to make a recommendation for an Order in Council, the Minister must request that the Commission give written advice on what the material provisions of the determination under subpart 6
3: The Minister must publish a request under subsection (2) and the Commission’s advice given following the request.
4: In addition, if the Minister’s final decision is different from the Commission’s recommendation, the Minister must set out in the response under section 63
85: Inquiry requirements do not apply to certain amendments
1: Section 83
a: the nature of the amendment is technical and non-controversial; or
b: it is necessary or desirable in the public interest that the amendment be made urgently.
2: If the Minister relies on subsection (1)(b),—
a: the Minister must publish a statement of the Minister’s reasons for acting under that paragraph; and
b: the amendment must be treated as revoked 9 months after it comes into force, unless it is earlier revoked (but this paragraph does not prevent an Order in Council from making the amendment again).
86: Regulated grocery retailer must comply with Order in Council and associated determinations
1: A regulated grocery retailer must comply with the following:
a: an Order in Council made under this subpart; and
b: a determination made under subpart 6
2: A person that contravenes this section is liable to a civil liability remedy (including an order to pay a pecuniary penalty or compensation). Guidance note
See subpart 3
87: When suppliers may opt out
1: A supplier may opt out of participating in the wholesale supply of groceries under an Order in Council made under this subpart if—
a: the grounds set out in a determination for the purposes of this section apply; and
b: the supplier opts out in the manner specified in the determination.
2: The power to opt out is subject to the terms and conditions (if any) specified in a determination.
3: A supplier ceases to opt out if any of those terms and conditions are no longer complied with.
4: In this section, determination subpart 6 Example
A supplier ( S R S opts out in accordance with a determination in relation to class A. S complies with the terms and conditions referred to in subsection (2)). R’s wholesale offering in accordance with the determination is not required to include class A (but is required to include class B).
6: Determinations to support Order in Council
Non-discriminatory terms
88: Commission must make determination relating to non-discriminatory terms
1: This section applies if an Order in Council is made under section 81(1)(a)
2: The Commission must, as soon as practicable after the Order in Council is made, make 1 or more determinations specifying how that requirement applies to those regulated grocery retailers.
3: A determination may regulate, deal with, or otherwise relate to 1 or more of the following matters:
a: the operational separation of a regulated grocery retailer ( A
i: requiring A to establish and maintain 1 or more business units with particular functions:
ii: providing for how those business units may or must operate (for example, requiring A to operate a business unit on a stand-alone basis, at arm’s length from any other business units):
b: A supplying groceries, or specified classes of groceries, to 1 or more wholesale customers on terms and conditions that are transparent and equivalent to terms and conditions on which A supplies itself or associated persons or other wholesale customers, except to the extent that a particular difference in treatment is objectively justifiable and does not lessen, and is unlikely to lessen, competition in any grocery market: Guidance note
See section 25(2)(b)
c: A’s systems, procedures, and processes in connection with 1 or more of the following:
i: compliance with the determination and the Order in Council; and
ii: monitoring of, and reporting on, compliance with the determination and that order by an independent oversight group that has a majority of members that are independent of A; and
iii: the development of performance measures relating to compliance with the determination and that order; and
iv: audit, and other checks, of compliance with the determination and that order:
d: any other duties on A or 1 or more wholesale customers to facilitate or support the operation of any matters under paragraphs (a) to (c) (for example, duties relating to minimum standards of demand forecasting, the duration of purchases, and minimum orders):
e: matters for the purposes of section 87
i: the grounds on which and how a supplier may opt out of the wholesale supply of groceries under an Order in Council made under subpart 5
ii: the terms and conditions of that power to opt out (which may include requirements for the supplier, a regulated grocery retailer, or both):
f: when a regulated grocery retailer is allowed to act under section 114
4: A determination may prescribe modifications or other matters for the purposes of clause 1
5: In this section, a reference to the supply of groceries or classes of groceries includes the supply of any ancillary services or classes of ancillary services.
6: A determination made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
89: Process for making determination for non-discriminatory terms
The Commission may use any process that it considers appropriate to develop a determination under section 88
a: publish a draft determination; and
b: publish a statement of its reasons for proposing to make a determination; and
c: consult persons, or representatives of the persons, that the Commission considers will be substantially affected by the determination.
90: Process requirements do not apply to certain amendments
1: Section 89(a) to (c)
a: the nature of the amendment is technical and non-controversial; or
b: the amendment is necessary or desirable to ensure that the determination is consistent with any other determination made under this Part; or
c: it is necessary or desirable in the public interest that the amendment be made urgently.
2: If the Commission relies on subsection (1)(c),—
a: the Commission must publish a statement of its reasons for acting under that paragraph; and
b: the amendment must be treated as revoked 9 months after it comes into force, unless it is earlier revoked (but this paragraph does not prevent the Commission from making the amendment again).
91: Employees
1: This section has effect only to the extent that—
a: an employee is transferred within a regulated grocery retailer ( A
b: the determination applies this section to the employee (whether by reference to a class of employees or otherwise).
2: The following apply:
a: implementing the operational separation does not affect any employment agreement between A and an employee of A; and
b: the employee of A continues to be an employee of A and, for the purposes of every Act or other law, award, determination, and agreement relating to the employment of the employee,—
i: their employment agreement is unbroken; and
ii: the period of their service with A and every other period of service that A recognises as their continuous service continue to be recognised; and
c: the terms and conditions of the employment of the employee with A are (until varied) identical to the terms and conditions of their employment before the operational separation is implemented; and
d: the employee is not entitled to receive any payment or other benefit by reason only of A implementing the operational separation.
92: Commission must review and report on determination for non-discriminatory terms
1: The Commission must—
a: complete a first review of a determination under section 88
b: give the Minister a report on that review as soon as practicable after completing it.
2: After the first review, the Commission—
a: must review a determination under section 88
b: may review that determination and give the Minister a report on that review at any other time.
3: The purpose of a review of a determination under section 88
a: assess the operation and effectiveness of the determination; and
b: assess whether the determination should be amended, revoked, or replaced.
4: The Commission—
a: may give the Minister a report under this section as a separate report or as part of its annual report under section 175
b: at least 10 working days later, must publish the report.
5: This section does not apply to a determination that only amends or revokes another determination. Specified access terms regulation
93: Commission must make determination for specified access terms regulation
1: This section applies if an Order in Council is made under section 81(1)(b)
2: The Commission must, as soon as practicable after the Order in Council is made, make 1 or more determinations specifying how the specified access terms regulation applies to those regulated grocery retailers.
3: A determination made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
94: Content of determination for specified access terms regulation
1: A determination under section 93
a: specify sufficient terms and conditions to ensure that—
i: a regulated grocery retailer makes available the wholesale supply of groceries without the need for a wholesale customer to enter into an agreement with the regulated grocery retailer; and
ii: the wholesale supply of groceries is made available within the time frames specified under paragraph (c); and
b: identify the wholesale customers or classes of wholesale customers that are eligible to make a request to a regulated grocery retailer for the wholesale supply of groceries under the determination; and
c: state the time frames within which a regulated grocery retailer must make available the wholesale supply of groceries under the determination; and
d: specify the duration of the determination, which must be not more than 7 years (but see
2: For the purposes of subsection (1)(b), the determination may identify wholesale customers in any of the following ways:
a: by name:
b: by description:
c: by specifying eligibility criteria:
d: any other way the Commission thinks fit.
3: Subsection (1)(d) does not limit the Commission’s power to amend, revoke, or replace the determination at any time.
95: Other matters that may be included in determination for specified access terms regulation
1: A determination under section 93
a: 1 or more of the following with respect to supplying groceries or ancillary services:
i: the maximum price or prices (or charge or charges) that a regulated grocery retailer may charge:
ii: the maximum wholesale margin that a regulated grocery retailer may recover:
iii: the maximum revenues that a regulated grocery retailer may derive:
iv: principles for determining prices, charges, wholesale margins, or revenues:
b: the quality standards that a regulated grocery retailer must meet (for example, delivery time frames and out-of-stock frequency):
c: terms and conditions relating to access to wholesale supply of groceries and any ancillary services from a regulated grocery retailer (for example, terms or conditions relating to payment, credit, minimum purchase amounts or quantities, and demand forecasting):
d: a regulated grocery retailer’s systems, procedures, and processes in connection with 1 or more of the following:
i: compliance with the determination and the Order in Council made under subpart 5
ii: monitoring of, and reporting on, compliance with the determination and that order by an independent oversight group that has a majority of members that are independent of the regulated grocery retailer; and
iii: the development of performance measures relating to compliance with the determination and that order; and
iv: an audit, and other checks, of compliance with the determination and that order:
e: any other duties on 1 or more regulated grocery retailers or wholesale customers to facilitate or support the operation of the determination:
f: any other duties on 1 or more regulated grocery retailers or wholesale customers to ensure that they act in a manner that is consistent with the principle set out in section 23
g: matters for the purposes of section 87
i: the grounds on which and how a supplier may opt out of the wholesale supply of groceries under an Order in Council made under subpart 5
ii: the terms and conditions of that power to opt out (which may include requirements for the supplier, a regulated grocery retailer, or both):
h: when a regulated grocery retailer is allowed to act under section 114
2: A determination under section 93
a: include incentives for a particular regulated grocery retailer to maintain or improve its quality of wholesale supply of groceries or any ancillary services:
b: include any matter contained in a specified access terms proposal:
c: prescribe modifications or other matters for the purposes of clause 1
3: Quality standards may be prescribed in any way the Commission considers appropriate (such as targets, bands, or formulas). Those standards may relate to the quality of groceries supplied or the quality of any ancillary service.
96: Process for making determination for specified access terms regulation
The Commission may use any process that it considers appropriate to develop a determination under section 93 sections 98 to 102 section 97
97: Process requirements do not apply to certain amendments
1: Sections 98 to 102
a: the nature of the amendment is technical and non-controversial; or
b: the amendment is necessary or desirable to ensure that the determination is consistent with any other determination made under this Part; or
c: it is necessary or desirable in the public interest that the amendment be made urgently.
2: If the Commission relies on subsection (1)(c),—
a: the Commission must publish a statement of its reasons for acting under that paragraph; and
b: the amendment must be treated as revoked 9 months after it comes into force, unless it is earlier revoked (but this paragraph does not prevent the Commission from making the amendment again).
98: Call for specified access terms proposal
1: The Commission must—
a: give written notice to 1 or more regulated grocery retailers requiring them to submit to the Commission, by the date specified in the notice, a specified access terms proposal that complies with section 99
b: publish the notice.
2: The Commission may include in the written notice any additional requirements that it thinks fit to specify, having regard to any relevant matters (for example, the terms and conditions of any commercial agreement for the wholesale supply of groceries in New Zealand or overseas).
3: A regulated grocery retailer to whom written notice is given must comply with the notice.
99: Requirements for specified access terms proposal
1: A specified access terms proposal must—
a: specify sufficient terms and conditions that cover the matters set out in section 94
b: provide an explanation of, and reasons for, those terms and conditions; and
c: be consistent with the principle set out in section 23
d: comply with any additional requirements that the Commission has specified under section 98
2: A specified access terms proposal may also specify terms and conditions that cover 1 or more of the matters set out in section 95
3: The Commission may refuse to consider a specified access terms proposal that—
a: fails to comply with this section; or
b: is submitted late.
100: Commission must publish and consult on specified access terms proposal
1: This section applies if the Commission receives, by the date specified in the notice under section 98 section 99
2: The Commission must—
a: publish the specified access terms proposal; and
b: consult on the specified access terms proposal with the persons, or representatives of the persons, that the Commission considers will be substantially affected by the determination.
101: Failure to submit specified access terms proposal
If a regulated grocery retailer ( A section 99 section 98
a: give written notice to 1 or more other regulated grocery retailers under section 98
b: act under section 100
c: publish and consult on a draft determination under section 102
102: Commission must consult on draft determination
The Commission must, after acting under sections 98 to 100
a: publish a draft determination; and
b: publish a statement of its reasons for proposing to make a determination; and
c: consult the persons, or representatives of the persons, that the Commission considers will be substantially affected by the determination.
103: Commission must review and report on determination for specified access terms
1: The Commission must—
a: complete a first review of a determination under section 93
b: give the Minister a report on that review as soon as practicable after completing it.
2: After the first review, the Commission—
a: must review a determination under section 93
b: may review that determination and give the Minister a report on that review at any other time.
3: The purpose of a review of a determination under section 93
a: assess the operation and effectiveness of the determination; and
b: assess whether the determination should be amended, revoked, or replaced.
4: The Commission—
a: may give the Minister a report under this section as a separate report or as part of its annual report under section 175
b: at least 10 working days later, must publish the report.
5: This section does not apply to a determination that only amends or revokes another determination. Wholesale customer requirements
104: Wholesale customers must comply with requirements to facilitate operation of additional regulation
1: A wholesale customer must comply with the requirements imposed on it under a determination made under this subpart (if any).
2: This section is not a civil liability provision (and, accordingly, there is no civil liability remedy for a contravention of this provision). However,—
a: any amount payable by a wholesale customer to a regulated grocery retailer ( A Example
A regulated grocery retailer ( A B B neglects to pay for some of those groceries (or ancillary services) in accordance with the specified access terms. A may recover the amount owing as a debt due.
b: see sections 114 115
3: Any amount payable by A to a wholesale customer under the determination is recoverable by the wholesale customer in any court of competent jurisdiction as a debt due to the wholesale customer. Power to disapply requirements
105: Determination may disapply other requirements
1: A determination made under this subpart may provide, for the purposes of section 54 80 subpart 2 4
2: The following apply to a determination made under this subpart that disapplies a duty to a specified person or class of persons:
a: the Commission may make the determination only if the Commission is satisfied that the duty is no longer necessary or desirable in order to promote the purpose of this Part (after taking into account any additional regulation that has been imposed):
b: the duty may be disapplied subject to the terms and conditions that the Commission thinks fit.
7: Review of regulation of access to grocery wholesale
106: Order in Council may set market concentration threshold that triggers review
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, set a retail grocery market concentration threshold for the purposes of this subpart.
2: An order made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation 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.
107: Commission must monitor market concentration levels
1: The Commission must—
a: monitor the level of retail grocery market concentration; and
b: promptly notify the Minister if the retail grocery market concentration is at or below the threshold prescribed under section 106
c: after it notifies the Minister under paragraph (b), start to carry out a review.
2: The purpose of the review is for the Commission to consider the following:
a: the operation and effectiveness of this Part:
b: whether any amendments to this Part are necessary or desirable to promote the purpose of this Act:
c: the operation and effectiveness of any additional regulation:
d: whether additional regulation is necessary or desirable or whether it is necessary or desirable to amend or revoke any additional regulation.
108: Commission must give report to Minister
1: The Commission must, within 1 year after starting a review under this subpart, give to the Minister a report on the review.
2: The report must—
a: describe the state of competition that exists in the New Zealand grocery industry, including retail and wholesale parts; and
b: set out the Commission’s views on the matters set out in section 107(2)
3: The report may set out any other matters that the Commission thinks fit.
4: The Commission—
a: may give the Minister a report under this section as a separate report or as part of its annual report under section 175
b: at least 10 working days later, must publish the report.
109: Minister must present report to House of Representatives
The Minister must, within 1 month after receiving a report under this subpart, present the report to the House of Representatives.
110: Minister must issue Government’s response
The Minister must, within a reasonable time after receiving a report under this subpart,—
a: issue a response to the report that sets out the Government’s intentions in relation to this Part; and
b: present the response to the House of Representatives.
8: Regulations may disapply requirements for facilitating commercial agreements for wholesale supply of groceries
111: Regulations may disapply subpart 2
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for the following purposes:
a: providing for any provision or provisions of subpart 2
b: providing for terms and conditions of a disapplication under paragraph (a).
2: The regulations may apply to all regulated grocery retailers, a particular regulated grocery retailer, or a class of regulated grocery retailers.
3: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
112: Test for regulations under this subpart
1: The Minister may recommend that regulations be made under this subpart only if—
a: the Minister is satisfied that making the regulations is necessary or desirable in order to promote the purpose of this Act; and
b: the Commission has carried out an inquiry under subpart 3 section 60
c: the Commission has recommended that the regulations be made in that final report.
2: The Minister and the Commission may recommend that regulations be made under this subpart regardless of whether the regulations are necessary or desirable in order to promote the purpose of this Part.
9: Miscellaneous
113: Commission may develop determination at same time that it acts under other provisions or before Order in Council is made
1: Nothing in this Act prevents the Commission from developing a determination under this Part at the same time as it performs or exercises any other function, power, or duty under this Act, including when it does any of the following:
a: carries out an inquiry under subpart 3
b: develops any other determination under this Part:
c: prepares a report under section 175
2: In addition, nothing in this Act prevents the Commission from developing a determination under subpart 6 subpart 5
114: Regulated grocery retailer may stop supply if wholesale customer’s failure is serious or persistent
1: A regulated grocery retailer may stop supplying groceries or ancillary services, or classes of groceries or ancillary services, to a wholesale customer in accordance with a determination made under subpart 4 6
a: the wholesale customer has seriously or persistently contravened requirements imposed on it under the determination; and
b: either—
i: the regulated grocery retailer is allowed to act in that manner under the determination and complies with the terms and conditions imposed by the determination in relation to acting under this section (if any); or
ii: the Commission has given its prior approval to the regulated grocery retailer acting in that manner and the regulated grocery retailer complies with the terms and conditions of the Commission’s approval (if any).
2: The Commission may give its approval on the terms and conditions it thinks fit (for example, a condition requiring the regulated grocery retailer to resume supply after a specified period, after the wholesale customer complies with specified requirements, or in other specified circumstances).
115: Defence if wholesale customer’s failure causes contravention
In a proceeding under subpart 3 A section 71 76 86
a: A’s contravention was caused by a wholesale customer contravening 1 or more requirements imposed under a determination made under subpart 4 6
b: A took all reasonable steps to comply with section 71 76 86
116: Application of Commerce Act 1986
Part 2
4: Enforcement and dispute resolution
1: Power to issue corrective notices
117: Commission may give notice to take corrective action
1: This section applies if the Commission is satisfied that a person—
a: has contravened a civil liability provision; or
b: is likely to contravene a civil liability provision; or
c: has attempted to contravene a civil liability provision; or
d: has been involved in a contravention of a civil liability provision.
2: The Commission may, by written notice given to the person, require the person to take any steps specified in the notice to—
a: avoid, remedy, or mitigate any actual or likely adverse effects arising from a contravention or possible contravention; or
b: ensure that a contravention is not continued or repeated; or
c: ensure that a contravention does not occur.
3: The notice must specify a reasonable period within which the required steps must be taken.
4: If the Commission is satisfied that, by engaging in any conduct, the person is contravening or is likely to, or is attempting to, contravene a civil liability provision, the Commission may act under subsection (2)—
a: whether or not the person has previously contravened the provision; and
b: whether or not there is an imminent danger of substantial damage to any person if the provision is contravened. 2022 No 21 s 35(1), (2)
118: Person must comply with corrective notice
1: A person that is given a notice under this subpart must comply with the notice within the time frame, and in the manner, specified in the notice.
2: A person that contravenes this section is liable to a civil liability remedy (including an order to pay a pecuniary penalty or compensation). Guidance note
See subpart 3 2022 No 21 s 35(3)–(5)
119: Procedural matters relating to corrective notice
The Commission may exercise a power under section 117
a: the Commission has had regard to whether exercising the power promotes the purpose of this Act; and
b: the Commission gives the person to whom the notice is proposed to be directed ( A
i: that the Commission may exercise the power; and
ii: the reasons why it is considering exercising that power; and
c: the Commission gives A or A's representative an opportunity to make written submissions and to be heard on the matter within that notice period. 2011 No 5 s 49(5)
2: Power to require warning to be disclosed
120: Commission may require its warning to be disclosed
1: If the Commission has issued a warning about any matter relating to a relevant person, the Commission may, by written notice given to the relevant person, require them to do either or both of the following:
a: prominently disclose a copy of the warning on 1 or more Internet sites maintained by or on behalf of the relevant person:
b: ensure that every document or other communication of the kind that is specified in the notice and that is distributed by or on behalf of the relevant person contains a copy of the warning in a prominent position or is accompanied by a copy of the warning.
2: The Commission may impose the requirement on the terms and conditions (if any) that it thinks fit.
3: In this subpart, relevant person 2011 No 5 s 49(1), (2), (7)
121: Person must comply with disclosure notice
1: A person that is given a notice under this subpart must comply with the notice within the time frame, and in the manner, specified in the notice.
2: A person that contravenes this section is liable to a civil liability remedy (including an order to pay a pecuniary penalty or compensation). Guidance note
See subpart 3 2022 No 21 s 35(3)–(5)
122: Procedural matters relating to disclosure notice
The Commission may exercise a power under section 120
a: the Commission has had regard to whether exercising the power promotes the purpose of this Act; and
b: the Commission gives the relevant person at least 5 working days’ written notice of the following matters before the Commission exercises the power:
i: that the Commission may exercise the power; and
ii: the reasons why it is considering exercising that power; and
c: the Commission gives the relevant person or the relevant person's representative an opportunity to make written submissions and to be heard on the matter within that notice period. 2011 No 5 s 49(5)
123: Commission must publish disclosure notice
If the Commission gives a notice under this subpart,—
a: it must, immediately after exercising that power, publish the following:
i: the notice:
ii: the reasons for giving the notice:
iii: any other information the Commission thinks relevant in the circumstances; and
b: it may make the matters in paragraph (a) publicly available by any other means; and
c: it may notify any other person of the matters in paragraph (a). 2011 No 5 s 50
3: Civil liability
124: Civil liability remedies available under this subpart
1: The following remedies ( civil liability remedies
a: a pecuniary penalty order (with 4 tiers of penalties):
b: a declaration of contravention:
c: a compensatory order:
d: an order to vary or cancel a contract:
e: an injunction.
2: A civil liability provision
a: section 19
b: sections 35 to 47
c: sections 69 71 72(3)
d: section 76
e: section 86
f: section 118
g: section 121
h: section 188
i: section 190 Pecuniary penalty order
125: When High Court may make pecuniary penalty order
1: The High Court may, on the application of the Commission, order a person to pay to the Crown the pecuniary penalty that the court determines to be appropriate if the court is satisfied that the person has—
a: contravened a civil liability provision; or
b: attempted to contravene a civil liability provision; or
c: been involved in a contravention of a civil liability provision.
2: In this subpart, the relevant conduct
126: Maximum penalty (Tier 1)
1: This section applies to a contravention, an attempted contravention, or an involvement in a contravention of any of the following:
a: section 19
b: any provision of sections 35 to 47
c: section 69
d: section 71
e: section 72(3)
f: section 76
g: section 86
2: However, this section does not apply in relation to sections 36(1)(b) and (c) 38(1)(c) and (d) 40 41 see instead section 129
3: The maximum amount of a pecuniary penalty is—
a: $500,000 for a contravention, an attempted contravention, or an involvement in a contravention by an individual; or
b: in any other case, the greater of—
i: $10 million; and
ii: either the amount referred to in subsection (4)(a) or the amount referred to in subsection (4)(b).
4: For the purposes of subsection (3)(b)(ii), the amounts are as follows:
a: if it can be readily ascertained and if the court is satisfied that the contravention (if any) occurred in the course of producing a commercial gain, 3 times the value of any commercial gain resulting from the contravention; or
b: if the commercial gain cannot readily be ascertained, 10% of the turnover of the person that is liable to pay the penalty and all its interconnected bodies corporate (if any) in each accounting period in which the contravention (if any) occurred.
5: In this section and section 127 additional regulation section 25
127: Maximum penalty (Tier 2)
1: This section applies to a contravention, an attempted contravention, or an involvement in a contravention of any of the following:
a: section 19
b: any provision of sections 35 to 47 see instead section 126
c: section 76
2: However, this section does not apply in relation to sections 36(1)(b) and (c) 38(1)(c) and (d) 40 41 see instead section 129
3: The maximum amount of a pecuniary penalty is—
a: $200,000 for a contravention, an attempted contravention, or an involvement in a contravention by an individual; or
b: in any other case, the greater of—
i: $3 million; and
ii: either the amount referred to in subsection (4)(a) or the amount referred to in subsection (4)(b).
4: For the purposes of subsection (3)(b)(ii), the amounts are as follows:
a: if it can be readily ascertained and if the court is satisfied that the contravention (if any) occurred in the course of producing a commercial gain, the value of any commercial gain resulting from the contravention; or
b: if the commercial gain cannot readily be ascertained, 3% of the turnover of the person and all its interconnected bodies corporate (if any) in each accounting period in which the contravention (if any) occurred.
128: Maximum penalty (Tier 3)
1: This section applies to a contravention, an attempted contravention, or an involvement in a contravention of section 190
2: The maximum amount of a pecuniary penalty is—
a: $250,000 for a contravention, an attempted contravention, or an involvement in a contravention by an individual; or
b: in any other case, $5 million.
129: Maximum penalty (Tier 4)
1: This section applies to a contravention, an attempted contravention, or an involvement in a contravention of any of the following:
a: section 19
b: section 36(1)(b) and (c)
c: section 38(1)(c) and (d)
d: sections 40 41
e: section 76
f: section 118
g: section 121
h: section 188
2: The maximum amount of a pecuniary penalty is—
a: $30,000 for a contravention, an attempted contravention, or an involvement in a contravention by an individual; or
b: $300,000 in any other case.
130: Considerations for court in determining pecuniary penalty
1: In determining an appropriate pecuniary penalty that a person ( A
a: the nature and extent of A’s conduct; and
b: the nature and extent of any loss or damage suffered by any person because of A’s conduct; and
c: any gains made or losses avoided by A; and
d: whether a person has paid an amount of compensation, reparation, or restitution, or taken other steps to avoid or mitigate any actual or potential adverse effects arising from A’s conduct; and
e: the circumstances in which A’s conduct took place; and
f: whether A has previously been found by a court in a proceeding under this Act, or any other legislation, to have engaged in any similar conduct; and
g: the status of, or outcome from, any proceeding before the dispute resolution scheme under subpart 5
2: In this section, A’s conduct Declaration of contravention
131: Declaration of contravention
The High Court must, on an application under section 125(1)
132: Purpose and effect of declaration of contravention
1: The purpose of a declaration of contravention is to enable an applicant for a compensatory order to rely on the declaration of contravention in the proceeding for that order, and not be required to prove the contravention or involvement in the contravention.
2: Accordingly, a declaration of contravention is conclusive evidence of the matters that must be stated in it under section 133
133: What declarations of contravention must state
A declaration of contravention must state the following:
a: the provision to which the contravention or involvement in the contravention relates; and
b: the person who engaged in the contravention or was involved in the contravention; and
c: the conduct that constituted the contravention or involvement in the contravention. Compensatory orders
134: When court may make compensatory orders
1: The court may make a compensatory order, on application by the Commission or any other person, if the court is satisfied that—
a: a person has contravened a civil liability provision; and
b: another person (the aggrieved person
2: The court may make a compensatory order whether or not the aggrieved person is a party to the proceeding. 2013 No 69 s 494
135: Terms of compensatory orders
1: If section 134
2: An order may include an order to direct a relevant person to pay to the aggrieved person the amount of the loss or damage (in whole or in part).
3: Subsection (2) does not limit subsection (1).
4: In this section, relevant person
a: any person in contravention; or
b: any person involved in the contravention. 2013 No 69 s 495 Variation or cancellation orders
136: Court may vary or cancel contract
1: The court may, on application by the Commission or any other person, make 1 or more of the orders set out in subsection (2) if the court is satisfied that—
a: a contract has been entered into in contravention of a civil liability provision; or
b: a contract contains a provision that, if given effect to, would contravene a civil liability provision or would result in a person contravening a civil liability provision.
2: An order may—
a: vary the contract in the manner the court thinks fit; or
b: cancel the contract; or
c: require a person who is a party to the contract to make restitution or pay compensation to any other person who is a party to the contract. 1986 No 5 s 89(2) Injunctions
137: Court may grant injunctions
The court may, on application by the Commission or any other person, grant an injunction—
a: restraining a person from engaging or continuing to engage in conduct that constitutes or would constitute a contravention, attempted contravention, or an involvement in a contravention of a civil liability provision; or
b: requiring a person to do an act or a thing if—
i: that person has refused or failed, is refusing or failing, or is proposing to refuse or fail to do that act or thing; and
ii: the refusal or failure was, is, or would be a contravention of a civil liability provision. 2013 No 69 s 480 2022 No 21 s 47
138: When court may grant restraining injunctions
1: The court may grant an injunction restraining a person from engaging in conduct of a particular kind if—
a: it is satisfied that the person has engaged in conduct of that kind; or
b: it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind.
2: The court may grant an interim injunction restraining a person from engaging in conduct of a particular kind if in its opinion it is desirable to do so.
3: Subsections (1)(a) and (2) apply 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.
4: Subsections (1)(b) and (2) apply whether or not—
a: the person has previously engaged in conduct of that kind; or
b: there is an imminent danger of substantial damage to any other person if that person engages in conduct of that kind. 2013 No 69 s 481 2022 No 21 s 48
139: When court may grant performance injunctions
1: A court may grant an injunction requiring a person to do an act or a thing that they are required to do under a civil liability provision if—
a: it is satisfied that the person has refused or failed to do that act or thing; or
b: it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing.
2: The court may grant an interim injunction requiring a person to do an act or a thing that they are required to do under a civil liability provision if in its opinion it is desirable to do so.
3: Subsections (1)(a) and (2) apply whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing.
4: Subsections (1)(b) and (2) apply whether or not—
a: the person has previously refused or failed to do that act or thing; or
b: there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing. 2022 No 21 s 49
140: Commission’s undertaking as to damages not required
1: If the Commission applies to the court for the grant of an interim injunction under this subpart, the court must not, as a condition of granting an interim injunction, require the Commission to give an undertaking as to damages.
2: In determining the Commission’s application for the grant of an interim injunction, the court must not take into account that the Commission is not required to give an undertaking as to damages. 2013 No 69 s 482 2022 No 21 s 50 Rules of procedure
141: Rules of civil procedure and civil standard of proof apply
A proceeding under this subpart is a civil proceeding and the usual rules of court and rules of evidence and procedure for civil proceedings apply (including the standard of proof).
142: Limit on proceedings
1: A proceeding under this subpart may be commenced within 3 years after the conduct giving rise to the contravention, attempted contravention, or involvement in the contravention was discovered or ought reasonably to have been discovered.
2: However, no proceeding under this subpart may be commenced 10 years or more after the conduct giving rise to the contravention, attempted contravention, or involvement in the contravention occurred. Relationship between proceedings and orders
143: More than 1 civil liability remedy may be given for same conduct
The court may grant a civil liability remedy of one kind against a person even though the court has granted another civil liability remedy of a different kind against the person for the same conduct. Example
The court may make a compensatory order and a pecuniary penalty order for the same conduct.
144: Only 1 pecuniary penalty order may be made for same conduct
If conduct by a person constitutes a contravention, an attempted contravention, or an involvement in the contravention of 2 or more provisions,—
a: a proceeding may be brought against that person for the contravention, attempted contravention, or involvement in the contravention of any 1 or more of the provisions; but
b: no person is liable to more than 1 pecuniary penalty order for the same conduct.
145: No pecuniary penalty and criminal penalty for same conduct
A person cannot be ordered to pay a pecuniary penalty and be liable for a fine or to imprisonment under this Act or any other Act for the same conduct.
4: Miscellaneous provisions relating to enforcement
146: Jurisdiction of High Court
1: The High Court may hear and determine the following matters:
a: applications for orders, or for a court to exercise any other power, under any provision of subpart 3
b: appeals arising from any proceeding in the District Court under subpart 3
2: Section 75
147: Jurisdiction of District Court
1: The District Court may hear and determine applications for orders, or for a court to exercise any other power, under any of the provisions of sections 134 to 145
a: the amount claimed does not exceed $350,000; or
b: no amount is claimed; or
c: the occasion for the making of the order or the exercise of the power arises in the course of civil proceedings properly before the court; or
d: the parties consent, under section 81
2: Section 76
148: Involvement in contravention
In this Act, a person is involved in a contravention
a: has aided, abetted, counselled, or procured the contravention; or
b: has induced, whether by threats or promises or otherwise, the contravention; or
c: has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or
d: has conspired with others to effect the contravention.
149: Illegal contracts provisions do not apply
Subpart 5
a: is entered into in contravention of a civil liability provision; or
b: contains a particular provision that if given effect to would contravene a civil liability provision or would result in a person contravening a civil liability provision. 1986 No 5 s 89(5)
150: Enforceability of other provisions not affected
1: This section applies if a contract—
a: is entered into in contravention of a civil liability provision by reason that the contract contains a particular provision; or
b: contains a particular provision that if given effect to would contravene a civil liability provision or would result in a person contravening a civil liability provision.
2: Despite any legislation or rule of law, the existence of the particular provision does not affect the enforceability of any other provision of the contract. 1986 No 5 s 89(6)
5: Dispute resolution
151: Overview
1: This subpart provides that every regulated grocery retailer must comply with the dispute resolution scheme established under Schedule 2
2: The dispute resolution scheme is—
a: a scheme approved by the Minister and delivered by the provider of the scheme (an approved scheme
b: if there is no approved scheme, a scheme that is delivered by the chief executive of the Ministry (a regulated scheme
3: A dispute may be referred to the scheme if—
a: the amount claimed under the dispute is less than $5 million; and
b: the dispute—
i: arises from requirements under the grocery supply code; or
ii: arises from requirements under Part 3
iii: falls within a class of eligible disputes prescribed by the regulations.
4: However, only a supplier or a wholesale customer (not a regulated grocery retailer) may refer a dispute to the scheme.
5: This section is intended only as a guide to the general scheme and effect of this subpart.
152: Interpretation
1: In this subpart and section 197 binding decision section 160 dispute resolution scheme Schedule 2 provider clause 2 regulated grocery retailer
a: a regulated grocery retailer within the meaning of Part 2
b: a regulated grocery retailer within the meaning of Part 3
c: a person that is no longer a regulated grocery retailer under paragraph (a) or (b) but who was a regulated grocery retailer at the time of the conduct giving rise to the dispute rules
a: in relation to an approved scheme, described in clause 14
b: in relation to a regulated scheme, prescribed under clause 19 settlement agreement section 159 supplier
a: any person that has taken, or is actively taking, steps towards entering into a supply agreement to supply groceries; and
b: a former supplier referred to in subsection (2) wholesale customer
a: has the meaning set out in section 25
b: includes a former wholesale customer referred to in subsection (2).
2: A former supplier or wholesale customer (as the case may be) is a person that is no longer a supplier or wholesale customer, but was at the time of the conduct giving rise to the dispute, provided that not more than 3 months have expired after,—
a: in the case of a supplier, the later of—
i: the date on which the supplier last provided supply to the regulated grocery retailer under the supply agreement; or
ii: the date on which the regulated grocery retailer confirmed in writing to the supplier that the supply agreement was ending:
b: in the case of a wholesale customer, the later of—
i: the date on which the wholesale customer last received supply from the regulated grocery retailer under the wholesale agreement; or
ii: the date on which the regulated grocery retailer confirmed in writing to the wholesale customer that the wholesale agreement was ending. Referral to dispute resolution scheme
153: Supplier or wholesale customer may refer certain disputes to dispute resolution scheme
A supplier or wholesale customer who is party to a dispute with a regulated grocery retailer may refer the dispute to the dispute resolution scheme if—
a: the amount claimed under the dispute does not exceed $5 million or no amount is claimed; and
b: the dispute—
i: arises from the performance or non-performance of a requirement, or the exercise of a power, under the grocery supply code; or
ii: arises from the performance or non-performance of a requirement, or the exercise of a power, under Part 3
iii: falls within a class of eligible disputes prescribed by regulations made under section 154
c: the dispute has not been finally resolved by proceedings in any court or tribunal. Guidance note
The procedure for making a referral is set out in the rules of the scheme.
154: Regulations prescribing classes of eligible disputes
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing 1 or more further classes of disputes between a supplier or wholesale customer and a regulated grocery retailer that may be referred to the dispute resolution scheme ( eligible disputes
2: The Minister may make a recommendation only if the Minister is satisfied—
a: that prescribing those disputes as eligible disputes is necessary or desirable in order to promote the purpose of the dispute resolution scheme set out in clause 1
b: that those disputes are of a kind, or likely to be of a kind, appropriate for resolution through the dispute resolution scheme.
3: For the purposes of subsection (2)(b), the Minister may consider any factors that the Minister considers relevant, including the following:
a: the likely size of those disputes:
b: the likely complexity of those disputes:
c: the kinds of remedial action that would likely be needed to resolve those disputes:
d: the characteristics of the dispute resolution scheme.
4: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
155: Other proceedings stayed unless court or tribunal orders otherwise
1: The referral of a dispute to the dispute resolution scheme does not affect any right any person may have to commence a proceeding in any court or tribunal (a concurrent proceeding
2: However, if a concurrent proceeding is, or has been, commenced in relation to the matters that are the subject of a dispute referred to the scheme, the concurrent proceeding is stayed—
a: while the proceeding before the dispute resolution scheme and any appeal rights continue; and
b: while a binding decision or a settlement agreement is in force.
3: However, subsection (2) does not apply to proceedings brought by the Commission under this Part.
4: Despite subsection (2), the court or tribunal may, on its own initiative or on application of the Commission, make an order to do either or both of the following:
a: allow the concurrent proceeding to commence or continue in that court or tribunal:
b: stay the proceeding before the dispute resolution scheme.
5: The grounds on which the Commission may apply for a stay under subsection (4)(b) include the following:
a: the Commission has, or is likely soon to have, a relevant investigation in progress:
b: the Commission is considering taking relevant compliance or enforcement action:
c: the Commission considers that there are reasons why 1 or more of the matters that are the subject of the dispute would be better dealt with in the concurrent proceedings than by the dispute resolution scheme. Rules of dispute resolution scheme
156: Regulated grocery retailers must comply with rules of dispute resolution scheme
A regulated grocery retailer must comply with the rules of the dispute resolution scheme.
157: District Court may order compliance with rules of dispute resolution scheme
On the application of the provider of the dispute resolution scheme, the District Court may make an order requiring a regulated grocery retailer to comply with the rules of the scheme.
158: Decision maker may draw inferences from failure to comply with rules of dispute resolution scheme
1: This section applies if—
a: a dispute comes before an adjudicator or other decision maker for resolution under the dispute resolution scheme; and
b: the adjudicator or other decision maker is satisfied that, in the course of the dispute resolution proceedings, a regulated grocery retailer has failed to comply with a rule of the dispute resolution scheme.
2: The adjudicator or other decision maker may—
a: draw from the failure any reasonable inferences it thinks fit; and
b: determine the claim concerned on the basis of the information available to it; and
c: give any weight it thinks fit to information that—
i: it asked for, or directed to be provided; but
ii: was provided later than requested or directed. Enforcement and appeals
159: Enforcement of settlement agreements
1: This section applies if a dispute is resolved under the dispute resolution scheme by mediation or other process the outcome of which the parties have agreed will be binding (a settlement agreement
2: A party to the dispute resolution proceedings must comply with the settlement agreement.
3: On the application of a party or the provider of the scheme, the District Court may make an order requiring a party to comply with the settlement agreement.
4: If the court is satisfied that the terms of the settlement agreement are manifestly unreasonable, the court’s order under subsection (3) may modify the terms of the settlement agreement, but only to the extent that the modification results in an agreement that could have been entered into under the dispute resolution scheme.
160: Enforcement of binding decisions
1: This section applies if a dispute is resolved under the dispute resolution scheme by an order or other decision of an adjudicator or other decision maker (a binding decision
2: A party to the dispute resolution proceedings must comply with the binding decision.
3: The binding decision must be treated as an order of the District Court and may be enforced accordingly.
161: Appeals against binding decisions
1: A party who is not satisfied with a binding decision may appeal to—
a: the District Court, if the amount at issue does not exceed $350,000 or if no amount was claimed; or
b: the High Court, if the amount at issue exceeds $350,000.
2: However, the appeal may be brought only on a question of law.
3: In this section, amount at issue
a: the amount of money required to be paid under the decision by the person filing the appeal; or
b: if subsection (4) applies, the amount claimed unsuccessfully by the party who referred the dispute to the dispute resolution scheme (the claimant
4: This subsection applies if the appeal relates to a decision—
a: in which the decision maker has declined to require payment of money; or
b: in which the decision maker has required payment of money that is less than the amount claimed by the claimant.
5: If an appeal is brought, the binding decision to which the appeal relates continues in full force pending the determination of the appeal, unless the court orders to the contrary.
6: Appeals against a decision of the District Court or the High Court under subsection (1) (the first appeal court
162: Determination of preliminary point of law by court
1: A party to dispute resolution proceedings may, with the consent of the adjudicator or other decision maker, or the mediator or other person assisting the parties to reach a settlement agreement, apply to the High Court to determine any question of law arising in the course of the dispute resolution proceedings.
2: The High Court must not consider an application that is made without the consent of every other party unless it is satisfied that the determination of the question of law concerned—
a: might produce substantial savings in costs to the parties; and
b: might, having regard to all the circumstances, substantially affect the rights of 1 or more of the parties.
3: If the dispute resolution proceedings is an arbitration, this section applies despite anything in article 5 of Schedule 1 1996 No 99 Schedule 2 cl 4
163: Privileges and immunities
The following have the same privileges and immunities as witnesses and counsel in proceedings before a court:
a: every witness giving evidence under the dispute resolution scheme:
b: every counsel or expert or other person appearing before an adjudicator or other decision maker, or before a mediator or other person assisting the parties to reach a settlement agreement, under the dispute resolution scheme. 1996 No 99 Schedule 1
164: Powers to take evidence
The adjudicator or other decision maker under the dispute resolution scheme may receive in evidence any statement, document, information, or matter that may, in their opinion, assist them to deal effectively with the matter before them, whether or not the statement, document, information, or matter would be otherwise admissible in a court of law. Miscellaneous
165: Binding decision must be made in accordance with principles of law
1: This section applies if a dispute comes before an adjudicator or other decision maker for resolution under the dispute resolution scheme.
2: Any binding decision issued by the adjudicator or other decision maker must be made in accordance with principles of law.
166: Parties may not contract out of dispute resolution scheme
1: This subpart has effect despite any provision to the contrary in any agreement.
2: A provision of an agreement that has the effect of overriding a provision of this subpart (whether directly or indirectly) is unenforceable.
3: Subsections (1) and (2) do not apply in respect of a provision that imposes a stricter duty on a regulated grocery retailer than would be imposed under this subpart.
5: Miscellaneous
1: Commerce Commission
Grocery Commissioner
167: Appointment of Grocery Commissioner
1: There must be a Grocery Commissioner.
2: The Grocery Commissioner must be appointed by the Governor-General on the recommendation of the responsible Minister.
3: The appointment must be made by written notice to the appointee.
4: The responsible Minister must ensure that the following are notified in the Gazette
a: the name of the appointee; and
b: the date on which the appointment takes effect; and
c: the term of the appointment.
5: In this section and section 168 responsible Minister section 10(1)
168: Minister’s recommendation
1: The responsible Minister may recommend that a person be appointed as the Grocery Commissioner only if—
a: the person is or will be a member of the Commission ( see section 9
b: in the opinion of the responsible Minister, the person is qualified for appointment, having regard to the functions and powers of the Commission under this Act and any other legislation.
2: For the purposes of subsection (1)(b), a person is qualified for appointment by virtue of that person’s knowledge of, or experience in, the grocery industry or any other industry, commerce, economics, law, accountancy, public administration, or consumer affairs.
169: Further provisions relating to Grocery Commissioner
1: A person may be removed from office as the Grocery Commissioner only for just cause (within the meaning of section 40
2: If a person is removed under subsection (1), they are also removed from office as a member of the Commission as if they had been removed under section 13(1) section 39
3: If a person’s term of office as the Grocery Commissioner expires, or the person resigns from that office, the person—
a: may continue to act as if they were the Grocery Commissioner for the purpose of completing the determination of any matter before that person, as the Grocery Commissioner, that commenced before the term of office expired or the resignation took effect; and
b: must be treated as if they were the Grocery Commissioner for that purpose.
4: In other respects, the following provisions of the Crown Entities Act 2004
a: section 34
b: section 35
c: clause 2
d: clause 3
e: clause 4(2) and (3)
170: Who performs or exercises functions, duties, and powers of Commission
1: The functions, duties, and powers of the Commission under this Act must be performed or exercised by—
a: the Grocery Commissioner alone; or
b: if the Grocery Commissioner requests and the chairperson of the Commission agrees, the Grocery Commissioner with 2 or more other members of the Commission.
2: However, if, in the opinion of the Grocery Commissioner, a function, duty, or power is any of the following, it must be performed or exercised by the Grocery Commissioner with 2 or more other members of the Commission:
a: recommending the designation of a regulated grocery retailer under either of the following:
i: section 11 Part 2
ii: section 29 Part 3
b: giving a report under any of the following:
i: section 60
ii: section 74
iii: section 108
c: prescribing the manner of complying with certain duties under section 49
d: making a determination under any of the following:
i: section 12 Part 2
ii: section 50
iii: section 64
iv: section 88
v: section 93
e: giving a direction under section 72
f: issuing a disclosure standard under section 191
g: reviewing and reporting under any of the following:
i: section 20
ii: section 78
iii: section 92
iv: section 103
3: The quorum requirement in section 15(4)
171: Further provisions relating to when Grocery Commissioner acts with 2 or more other members
1: This section applies if, under section 170(1)(b) or (2)
2: The chairperson of the Commission must determine which other members must perform or exercise that function, duty, or power with the Grocery Commissioner.
3: In addition to their general vote, the Grocery Commissioner has, in the case of an equality of votes, a casting vote (and clause 12(2)
172: Alternate member to act instead of Grocery Commissioner in certain circumstances
1: This section applies if—
a: there is no Grocery Commissioner; or
b: the Grocery Commissioner is for any reason unable to perform or exercise a function, duty, or power of the Commission that would otherwise have been performed by them under this Act.
2: That function, duty, or power must be performed by a member of the Commission who is appointed by the chairperson of the Commission for that purpose.
3: Every reference in this Act to the Grocery Commissioner must, unless the context otherwise requires, be read as a reference to that member.
173: Ability to delegate
1: The consent of both the Grocery Commissioner and the chairperson of the Commission must be obtained before a delegation, under section 73 section 170(2)
2: The consent of the Grocery Commissioner must be obtained before a delegation, under section 73 Economic policies of Government
174: Commission must have regard to economic policies of Government
1: In the performance or exercise of its functions, duties, and powers under this Act, the Commission must have regard to any economic policies of the Government that the Minister gives, in writing, to the Commission.
2: The Minister must, as soon as practicable after giving a statement of economic policy of the Government to the Commission,—
a: arrange for a copy of the statement to be published in the Gazette
b: present a copy of the statement to the House of Representatives.
3: A statement of economic policy of the Government is not a direction for the purposes of Part 3 Annual report
175: Commission must prepare annual report on grocery industry
1: The Commission must prepare an annual report on the grocery industry.
2: The purpose of an annual report is to—
a: report on the state of competition in the grocery industry, including—
i: any changes to the level of competition and outcomes for consumers; and
ii: any monitoring of any retail grocery market concentration threshold that has been set for the purposes of subpart 7
b: raise awareness of emerging (or likely future) trends or issues; and
c: inform the public and Government about the performance or exercise of the Commission’s functions, duties, and powers under this Act; and
d: demonstrate how any Government direction or statement of economic policy of the Government given to the Commission has been considered in the performance or exercise of the Commission’s functions, duties, and powers under this Act.
3: In preparing the report, the Commission may consider any information that the Commission considers relevant, including any of the following:
a: the state of competition that exists in the grocery industry, including the conditions of entry and expansion for grocery retailers:
b: the operation and effectiveness of this Act and any other legislation relevant to the grocery industry (for example, the Commerce Act 1986 Fair Trading Act 1986
c: any information that may or must be included as part of a report under any of the following:
i: section 20
ii: section 60
iii: section 74
iv: section 78
v: section 92
vi: section 103
vii: section 108
d: any information that the Commission has received or obtained under this Act or any other legislation.
176: Commission must give report to Minister and publish it
1: The Commission must,—
a: as soon as practicable after the end of each financial year, give the annual report on the grocery industry to the Minister; and
b: at least 10 working days later, publish the report.
2: In this section, financial year section 2(1)
177: Minister must present report to House of Representatives
The Minister must, within 1 month after receiving the final report, present the annual report on the grocery industry to the House of Representatives.
178: Additional requirements relating to first report
1: This section applies in relation to the first annual report prepared under section 175 first report
2: The first report must include the Commission’s assessment of whether there has been a material improvement in the state of competition that exists in the grocery industry since 8 March 2022 (the date of the Commission’s Market study into the retail grocery sector final report
3: Despite section 176
2: Application of Commerce Act 1986
Application of Commerce Act 1986
179: Application of Part 6 of Commerce Act 1986 (enforcement, remedies, and appeals)
The following provisions of the Commerce Act 1986
a: section 74A
b: section 74B
c: section 74C
d: section 79
e: section 90
180: Application of Part 7 of Commerce Act 1986 (miscellaneous provisions)
The following provisions of the Commerce Act 1986
a: section 98
b: section 98A Part 4
c: section 98G
d: section 99
e: sections 99B to 99P
i: as if references to an overseas regulator were references to an overseas body that has functions in relation to a grocery industry corresponding to those of the Commission under this Act; and
ii: as if references to competition law were references to a grocery industry:
f: section 100
g: section 100A
h: section 101
i: section 102
j: section 104
k: section 106 section 103 section 183
l: section 106A
m: section 109 Provisions based on Commerce Act 1986
181: Monitoring compliance with duties
1: For the purpose of monitoring compliance with any duty imposed by or under this Act, the Commission may, in addition to exercising its powers under this Act and under the Commerce Act 1986
a: a written statement that states whether the participant has complied with the duty:
b: a report on the written statement that is signed by an auditor or other assurance practitioner in accordance with any form specified by the Commission:
c: sufficient information to enable the Commission to properly determine whether all applicable requirements have been complied with:
d: a certificate, in the form specified by the Commission and signed by at least 1 director of the participant, confirming the truth and accuracy of any information provided under this section.
2: The participant must comply with the notice within the time frame, and in the manner, specified in the notice. 1986 No 5 s 53N
182: Investigation and information-gathering powers
For the purpose of performing or exercising its functions, duties, and powers under this Act, the Commission may, in addition to exercising its powers under this Act and the Commerce Act 1986
a: investigate any of the following:
i: how effectively and efficiently participants in the grocery industry (both individually and as a collective) are facilitating the supply of groceries to consumers:
ii: how effectively and efficiently participants in the grocery industry (both individually and as a collective) are facilitating the supply of groceries to grocery retailers that are not regulated grocery retailers (within the meaning of Part 3
iii: how any determination, code, standard, direction, or other regulatory measure being considered by the Commission may be applied, or how any regulatory measure has been applied, in considering proposed regulatory measures:
b: examine, consider, or investigate any activity, cost, revenue, margin, transfer, asset valuation, circumstance, or event that is occurring or that has occurred during the previous 7 years:
c: by notice in writing, require any person—
i: to prepare and produce forecasts, forward plans, or other information; and
ii: to apply any methodology specified by the Commission in the preparation of forecasts, forward plans, or other information:
d: by notice in writing, require any person that the Commission has reason to believe may have information or documents relevant to an investigation, audit, or inquiry to do either or both of the following:
i: produce or supply to the Commission any documents or information that the Commission has reason to believe may be relevant to the investigation, audit, or inquiry:
ii: answer any questions about any matter that the Commission has reason to believe may be relevant to the investigation, audit, or inquiry:
e: by notice in writing, require any person, at the time and place specified in the notice, to produce or supply to the Commission an expert opinion from an appropriately qualified person, or a member of a class of appropriately qualified persons, as determined by the Commission in relation to the matters in paragraphs (a), (b), (c), and (d)(i). 1986 No 5 s 53ZD
183: Offences relating to certain investigation and information-gathering powers
1: A person must not,—
a: without reasonable excuse, refuse or fail to comply with a notice under section 181 182 section 98
b: in purported compliance with such a notice, provide information, or produce a document, or give evidence, knowing it to be false or misleading; or
c: resist, obstruct, or delay an employee of the Commission acting under a warrant issued under section 98A
2: A person must not attempt to deceive or knowingly mislead the Commission in relation to any matter before it.
3: A person must not, having been required to appear before the Commission in accordance with section 98(1)(c)
a: without reasonable excuse, refuse or fail to appear before the Commission to give evidence; or
b: refuse to take an oath or make an affirmation as a witness; or
c: refuse to answer any question; or
d: refuse to produce to the Commission any document that that person is required to produce.
4: A person who contravenes subsection (1), (2), or (3) commits an offence and is liable on conviction to,—
a: in the case of an individual, a fine not exceeding $100,000; or
b: in any other case, a fine not exceeding $300,000.
5: A proceeding for an offence against subsection (4) may be commenced within 3 years after the matter giving rise to the contravention was discovered or ought reasonably to have been discovered. 1986 No 5 s 103 Exemption for agreements for collective negotiation
184: Power to exempt from sections 27 and 30 of Commerce Act 1986
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
a: exempting a specified person or class of persons from sections 27 30
b: prescribing the terms and conditions (if any) of the exemption.
2: The Minister’s reasons for making the recommendation (including why the exemption is appropriate) must be published together with the regulations.
3: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
185: Minister’s recommendation about granting exemption
1: The Minister may recommend that regulations under section 184
a: for the purpose of enabling the specified person or class of persons to enter into, or arrive at, an agreement to collectively negotiate 1 or more supply agreements with 1 or more regulated grocery retailers; and
b: after taking account of the following criteria:
i: any efficiencies that are likely to result from enabling specified persons or classes of persons to enter into, or arrive at, agreements for collective negotiation in accordance with the exemption:
ii: any lessening in competition that may result from granting the exemption; and
c: after consulting—
i: the Commission; and
ii: the persons, or representatives of the persons, that the Minister considers will be substantially affected by the regulations.
2: In this section and section 186 regulated grocery retailer Part 2
186: Agreement for collective negotiation must not contain prohibited provision
1: If an exemption is granted by regulations made under section 184
2: The term is that the exemption applies in relation to—
a: an agreement for collective negotiation only if that agreement does not contain a prohibited provision; and
b: a provision in an agreement for collective negotiation only if that provision is not a prohibited provision.
3: In this section, a provision is a prohibited provision
a: preventing, restricting, or limiting the supply of goods or services from a party to the agreement for collective negotiation to a regulated grocery retailer:
b: preventing, restricting, or limiting a party to the agreement for collective negotiation from entering into or arriving at an agreement with a regulated grocery retailer other than in accordance with the agreement for collective negotiation.
187: Effect of contravention of exemption conditions generally
1: The contravention of a term or condition of an exemption provided by regulations made under section 184
2: Despite subsection (1), the regulations may provide that a contravention of a specified term or condition is not a contravention of that obligation.
188: Effect of contravention of specified exemption conditions
1: This section applies if the regulations provide that a contravention of a specified term or condition is not a contravention of the obligation to which the exemption applies.
2: A person that contravenes the specified term or condition is liable to a civil liability remedy (including an order to pay a pecuniary penalty or compensation). Guidance note
See subpart 3
189: Register of agreements for collective negotiation
1: This section applies if an exemption is granted by regulations made under section 184
2: The Commission must maintain and publish a register that lists all current agreements for collective negotiation that are notified to the Commission (if any).
3: The register must contain the information prescribed by the regulations (if any).
4: The regulations must require a copy of the collective negotiation agreement to be provided to the Commission, as a condition of the exemption.
3: Disclosure standards
190: Participant must comply with disclosure standard
1: A participant to which a disclosure standard applies must comply with the standard.
2: A person that contravenes this section is liable to a civil liability remedy (including an order to pay a pecuniary penalty or compensation). Guidance note
See subpart 3
191: Commission may issue disclosure standards
1: The Commission may issue disclosure standards.
2: A disclosure standard may apply to all participants, a particular participant, or a class of participants.
3: A disclosure standard issued under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)(aa) 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.
192: Criteria for issuing disclosure standards
The Commission may issue a disclosure standard only if the Commission is satisfied that the standard is necessary or desirable for either or both of the following purposes:
a: to enable the Commission to monitor competition and efficiency in the grocery industry:
b: to ensure that sufficient information is readily available to the Commission to assess whether the purpose of this Act is being met.
193: Process for issuing disclosure standards
1: The Commission may use any process that it considers appropriate to develop a disclosure standard, but must—
a: publish a draft disclosure standard; and
b: publish a statement of its reasons for proposing to issue a disclosure standard; and
c: consult the persons, or representatives of the persons, that the Commission considers will be substantially affected by the disclosure standard.
2: After issuing a draft standard, the Commission must publish a statement of its reasons for issuing a disclosure standard.
194: Subject matter of disclosure standards
1: A disclosure standard may deal with, or otherwise relate to, 1 or more of the following matters:
a: the disclosure of information to the Commission about any matter in connection with the grocery industry, including information about any of the following:
i: any agreements that a participant has entered into or arrived at:
ii: prices, terms, and conditions for the wholesale supply of groceries:
iii: financial statements (including projected financial statements):
iv: financial and non-financial performance measures:
v: costs, revenues, and margins:
vi: quality performance measures and statistics:
vii: private label products (for example, information about the proportion of retail sales of particular categories that are of private label products):
viii: store details ( see
ix: sales of goods and services by a grocery retailer (for example, the amount of total sales and the amount of sales of different categories of goods or services):
x: sales of groceries (for example, the amount of total sales and the amount of sales of different categories of groceries):
xi: number and details of complaints received from consumers, suppliers, wholesale customers, or other persons:
b: assumptions, policies, and methodologies used or applied in any area referred to in paragraph (a) or any other areas:
c: the circumstances in which the information must be disclosed (for example, specifying the frequency with which information must be disclosed or requiring information to be disclosed on the occurrence of a specified event):
d: requirements relating to publishing, or otherwise making available, information to the Commission, particular persons or classes of persons, or the public generally:
e: requirements for certifying the information by statutory declaration or otherwise:
f: requirements for how information must be provided:
g: requirements with which information that is provided must comply:
h: requirements relating to record keeping and the retention of information (including the methodologies that must be applied in recording information).
2: For the purposes of subsection (1)(a)(viii), store details
a: address and brand:
b: revenue for each stock-keeping unit, number of stock-keeping units sold, and cost of goods (in any product category) sold for each stock-keeping unit:
c: characteristics of each stock-keeping unit, such as the barcode, article description, units of measurement, and product category:
d: financial position or performance:
e: store characteristics, such as the store size, opening hours, date of store opening, date of most recent renovation, and number of checkouts (self-service and assisted).
195: Amendment and revocation of disclosure standards
A disclosure standard may be amended or revoked under section 191
a: sections 192 193
b: section 192
4: Regulations
196: Regulations
1: The Governor-General may, by Order in Council, make regulations—
a: providing for anything this Act says may or must be provided for by regulations:
b: prescribing fees and charges payable in respect of any matter under this Act or the manner in which fees and charges may be calculated:
c: prescribing goods or a product category as being excluded from the definition of groceries under section 5(1)
d: providing for any provision or provisions of Parts 2 3 P A
i: P were a franchisee or transacting shareholder of A; and
ii: for the purpose of section 30
e: prescribing whether a provision of the grocery supply code gives rise to a pecuniary penalty under section 126 127 129
f: prescribing whether a provision of the wholesale code gives rise to a pecuniary penalty under section 126 127 129
g: prescribing that a contravention of a term or condition of an exemption made under section 184 section 188
h: providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
2: Regulations made under this section are secondary legislation ( see Part 3
3: The following applies to regulations under subsection (1)(c) (which relates to the definition of groceries):
a: the regulations may be made only on the recommendation of the Minister:
b: the Minister may make a recommendation only if the Minister—
i: has had regard to the purpose of this Act; and
ii: is satisfied that the extent of the exclusion is not broader than is reasonably necessary to address the matters that gave rise to the regulations.
4: The following applies to regulations under subsection (1)(e) or (f) (which relate to the level of pecuniary penalty for contravention of the grocery supply code or the wholesale code):
a: the regulations may be made only on the recommendation of the Minister:
b: the Minister may make a recommendation only if—
i: the Commission has given the Minister a recommendation about those regulations; and
ii: the Minister has had regard to the Commission’s recommendation:
c: in deciding whether to make a recommendation, the Minister may do any of the following:
i: accept or reject the Commission’s recommendation:
ii: request that the Commission reconsider any matter (such as an error, an oversight, or competing policy interests):
iii: make any other decision that the Minister considers is in the public interest. 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.
197: Regulations relating to levy for dispute resolution scheme
1: Every regulated grocery retailer that is included in a prescribed class of specified regulated grocery retailers must pay to the Minister in each financial year or part financial year (as the case may require) a prescribed levy.
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for the levy.
3: The levy must be prescribed on the basis that the following costs should be met fully out of the levy:
a: a portion of the costs of the provider of the dispute resolution scheme, where the size of the portion to be met by the levy under this Act is determined by the Minister; and
b: the cost of collecting the levy money.
4: The levy 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 specified regulated grocery retailers that are required to pay a levy:
b: specify the amount of the levy, or method of calculating or ascertaining the amount of the levy:
c: include in the levy, or provide for the inclusion in the levy, 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 the levy:
f: provide different levies for different classes of regulated grocery retailers:
g: specify the financial year or part financial year to which a levy applies, and apply that levy to that financial year or part 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 financial year:
i: authorise a person to whom a levy is payable to refund or waive, in whole or in part and on the conditions that may be prescribed, payment of the levy by 1 or more named persons.
6: The amount of any unpaid levy is recoverable in any court of competent jurisdiction as a debt due to the Minister on behalf of the Crown.
7: The Minister must ensure that each levy payment is paid into a Crown Bank Account and is separately accounted for.
8: Regulations made under this section are secondary legislation ( see Part 3 1986 No 5 s 53ZE 2001 No 103 s 155ZN(2), (4) 2011 No 5 s 68 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 referred to in subsection (8) 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.
198: Miscellaneous provisions relating to fees
1: Regulations may authorise a person to whom a fee is payable to refund or waive, in whole or in part and on any conditions that may be prescribed, payment of the fee by 1 or more named persons.
2: A person to whom a fee is payable may refuse to perform or exercise a function, duty, or power until the fee is paid.
3: Any fee or other amount payable to a person under this Act is recoverable by the person in any court of competent jurisdiction as a debt due to the person.
6: Amendments to other legislation
Amendments to Commerce Act 1986
199: Principal Act
Sections 200 201 Commerce Act 1986 2023-07-10 Commerce Act 1986
200: Section 2 amended (Interpretation)
In section 2(1) member of the Commission
ba: means the Grocery Commissioner appointed under section 167 of the Grocery Industry Competition Act 2023
201: Section 9 amended (Membership of Commission)
After section 9(3)
3A: One of the members must be appointed by the Governor-General as Grocery Commissioner under section 167 of the Grocery Industry Competition Act 2023 Amendments to Fair Trading Act 1986
202: Principal Act
Sections 203 to 215 Fair Trading Act 1986 2023-07-10 Fair Trading Act 1986
203: Section 2 amended (Interpretation)
1: In section 2(1) standard form small trade contract
2: In section 2(1) grocery supply contract section 26C specified trade contract section 26C standard form trade contract section 46I section 46J
3: In section 2(1) unfair contract term small trade contract specified trade contract
204: Section 26B amended (Unfair contract terms in standard form small trade contracts)
1: In the heading to section 26B standard form small trade contracts standard form trade contracts
2: In section 26B standard form small trade contract standard form trade contract
205: Section 26C replaced (Definition of small trade contract)
Replace section 26C
26C: Definition of specified trade contract
1: In this Act, unless the context otherwise requires, a contract is a specified trade contract
2: This subsection applies to a contract (a small trade contract
a: each party to it is engaged in trade; and
b: it is not a consumer contract; and
c: it does not comprise or form part of a trading relationship that exceeds the annual value threshold when the relationship first arises.
3: This subsection applies to a contract (a grocery supply contract
a: each party to it is engaged in trade; and
b: it is not a consumer contract; and
c: it is a contract between—
i: at least 1 regulated grocery retailer (within the meaning of Part 2 of the Grocery Industry Competition Act 2023
ii: at least 1 supplier; and
d: it relates to the acquisition of goods in respect of which the end-user is a consumer; and
e: it does not comprise or form part of a trading relationship that exceeds the annual value threshold when the relationship first arises.
4: If a party to a proceeding alleges that a contract is a specified trade contract, the contract is presumed to be a specified trade contract unless any other party to the proceeding proves otherwise.
5: This section is subject to section 26E
206: Section 26D amended (Small trade contracts: trading relationship, annual value threshold, and other definitions)
1: In the heading to section 26D Small trade contracts Specified trade contracts
2: In section 26D(1) section 26C(1)(c) section 26C
3: Replace section 26D(3)(b)
b: exceeds an annual value threshold when the relationship first arises
i: it includes a transparent term or transparent terms providing for consideration (including GST, if applicable) of at least the specified amount to be paid under it, in relation to any annual period, for the goods, services, or interest in land concerned; or
ii: consideration (including GST, if applicable) of at least the specified amount is more likely than not to become payable under the relationship, in relation to any annual period, for the goods, services, or interest in land concerned.
4: After section 26D(4)(c)
d: specified amount
i: in relation to a small trade contract, means $250,000; and
ii: in relation to a grocery supply contract, means $1 million.
5: In section 26D(4) annual value threshold annual value threshold of $250,000
207: Section 26E amended (Regulations relating to definition of small trade contract)
1: In the heading to section 26E small trade contract specified trade contract
2: In section 26E(1) small trade contract small trade contract or grocery supply contract
208: Section 37 amended (Jurisdiction of High Court)
In section 37(1)(g) by the Commission
209: Section 38 amended (Jurisdiction of District Court)
In section 38(1)(e) by the Commission
210: Section 46H amended (Application by Commission for declaration of unfair contract term)
1: In the heading to section 46H by Commission
2: In section 46H(1) standard form small trade contract standard form trade contract
3: After section 46H(2)
3: Any person may apply to the High Court or the District Court (at their choice) for a declaration under section 46I
211: Section 46I amended (Declaration of unfair contract terms)
1: Replace section 46I(1)
1: The High Court or the District Court may,—
a: on application by the Commission, declare that a term in a standard form consumer contract or standard form trade contract is an unfair contract term; or
b: on application by any person, declare that a term in a grocery supply contract that is a standard form trade contract is an unfair contract term.
2: In section 46I(2) small trade contract specified trade contract
212: Section 46K amended (Terms that may not be declared to be unfair contract terms)
In section 46K(1) standard form small trade contract standard form trade contract
213: Section 46L amended (When term in consumer contract or small trade contract is unfair)
1: In the heading to section 46L small trade contract specified trade contract
2: In section 46L(1), (2), and (3) small trade contract specified trade contract
214: Section 46M amended (Examples of unfair contract terms)
In section 46M small trade contract specified trade contract
215: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in Schedule 3
b: make all necessary consequential amendments. |
LMS483991 | 2023 | Construction Contracts (Retention Money) Amendment Act 2023 | 1: Title
This Act is the Construction Contracts (Retention Money) Amendment Act 2023.
2: Commencement
This Act comes into force on the day that is 6 months after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Construction Contracts Act 2002 2023-10-05 Construction Contracts Act 2002
1: Amendments to Part 2 of principal Act
4: Sections 18A to 18F and cross-heading replaced
Replace sections 18A to 18F
18A: Interpretation
In this subpart,— complying instrument party A party B section 18B(1) or (5) protected amount registered bank section 2(1) of the Banking (Prudential Supervision) Act 1989 retention money section 18B(2) or (6)(a) retention money trust section 18C
18B: Application of subpart and meaning of retention money
1: This subpart applies if a commercial construction contract allows one party to the contract ( party A retainable amount party B
2: A retainable amount becomes retention money
3: The retainable amount becomes retention money in accordance with subsection (2)
a: has withheld any amount from party B:
b: has complied with section 18D
c: has calculated the retainable amount (as long as it is capable of being calculated):
d: has prepared, or given to party B, a payment schedule or other record of an amount being withheld:
e: has paid any amount owing to party B under the contract.
4: Despite subsection (2)
a: party A chooses not to retain the amount and has paid it to party B; or
b: the total retainable amount under the contract is less than the de minimis amount prescribed in regulations.
5: This subpart also applies if one party to a commercial construction contract ( party A party B
6: In that case,—
a: the withheld amount referred to in subsection (5) retention money
b: a reference in this subpart to retention money retained under a contract includes retention money retained in connection with the contract referred to in that subsection.
18C: Retention money is held on trust
1: Retention money is trust property, held on trust by party A for party B, and party A must deal with it in accordance with this subpart.
2: The trust is created, by operation of this section, when the amount becomes retention money under section 18B(2) or (6)(a)
3: Retention money ceases to be trust property when 1 or more of the following applies to it:
a: it is paid to party B:
b: party B, in writing, gives up any claim to it:
c: it is used to remedy defects in the performance of party B’s obligations under the construction contract, but only if—
i: the use of the money for that purpose is permitted by the contract; and
ii: any provisions of the contract relating to the use of the retention money are complied with; and
iii: at least 10 working days before using the money for that purpose, party A gives party B written notice setting out—
A: party A’s intention to use the retention money for that purpose; and
B: details of the defects to be remedied:
d: it otherwise ceases to be payable to party B.
4: To avoid doubt,—
a: if party A holds retention money for 2 or more persons (each being party B), the retention money held for each of them is the subject of a separate trust; and
b: the retention money is trust property whether or not party A complies with this subpart; and
c: all of the rules of the common law and equity relating to trusts apply to the trust, party A as trustee, the retention money as trust property, and any other person dealing with the trust property (except to the extent that this subpart provides otherwise).
18D: How retention money must be kept and used
1: Party A must deposit retention money into a bank account that complies with section 18E section 18B(2) or (6)(a)
2: Party A must keep the retention money in a bank account that complies with section 18E section 18C(3)
3: Despite subsections (1) and (2)
4: If retention money ceases to be trust property under section 18C(3)(b), (c), or (d)
5: Interest earned on retention money is not part of the retention money and is the property of party A (unless the construction contract provides otherwise or section 18G applies).
18DA: Failure to keep retention money as required
1: If party A fails to comply with section 18D
a: party A commits an offence and is liable on conviction to a fine not exceeding $200,000 for each offence; and
b: if party A is a body corporate, each of its directors also commits an offence and is liable on conviction to a fine not exceeding $50,000 for each offence.
2: It is a defence to a charge under subsection (1)
a: that party A took all reasonable steps to ensure that party A complied with section 18D
b: if the defendant is a director, that they took all reasonable steps to ensure that party A complied with that provision.
3: It is a defence to a charge under subsection (1) section 18D(2) section 18C(3)(c)
4: In this section, director section 6(1) of the Financial Markets Conduct Act 2013
a: a member (as defined in section 5(1) of the Local Government Act 2002
b: a receiver or liquidator who is a new trustee under section 18K
18E: Bank account
1: A bank account for the purposes of section 18D(1)
a: be at a registered bank in New Zealand; and
b: comply with subsection (2) or (3)
2: A bank account complies with this subsection if—
a: the account holder is party A in their capacity as trustee of the retention money; and
b: the account is used solely for the purpose of holding retention money (and any interest earned on it even though, under section 18D(5)
i: for party B under a particular construction contract; or
ii: for party B under 2 or more construction contracts; or
iii: for 2 or more persons (each being a party B) for whom party A holds retention money under 1 or more construction contracts; and
c: party A has informed the bank that the account is for the purpose of holding retention money that party A holds on trust under this Act.
3: A bank account complies with this subsection if—
a: it is a bank account ordinarily used to hold trust money; and
b: the account holder is—
i: a practitioner or an incorporated firm (both as defined in section 6 of the Lawyers and Conveyancers Act 2006
ii: the Public Trust (as defined in section 4 of the Public Trust Act 2001
iii: a trustee company (as defined in section 2 of the Trustee Companies Act 1967
iv: a chartered accountant (as defined in section 2 of the New Zealand Institute of Chartered Accountants Act 1996
v: a person holding a licence under the Auditor Regulation Act 2011 section 6(1)
vi: in a case where party A is a council-controlled organisation (as defined in section 6 of the Local Government Act 2002
vii: a person of a kind prescribed by regulations; and
c: party A informs the account holder that the money to be held in the account is retention money that party A holds on trust under this Act.
4: If subsection (2)(b)(ii) or (iii) or (3) section 18FC
5: Each ledger record must identify the party B and construction contract to which it relates.
6: Each payment into or out of the bank account must be recorded in the ledger record for the party B and construction contract to which the payment relates.
18EA: Treatment of unallocated withdrawals or deposits
1: This section applies if retention money held by party A for 2 or more party Bs is (or is recorded in the ledger records as being) kept in the same bank account.
2: If—
a: retention money is withdrawn from the bank account; and
b: the ledger records do not record which party B the withdrawal is attributable to; and
c: it is not otherwise clear from the circumstances which party B the withdrawal is attributable to,— the amount withdrawn is to be apportioned between the party Bs in proportion to their respective balances in the ledger records at the time the withdrawal is made.
3: If—
a: there is a deficiency in the amount of retention money held in the bank account for 1 or more of the party Bs; and
b: an amount is deposited into the bank account; and
c: the ledger records do not record which of those party Bs the deposit is attributable to; and
d: it is not otherwise clear from the circumstances which party B the deposit is attributable to,— the amount deposited is to be apportioned between the party Bs referred to in paragraph (a)
4: If the ledger records have not been kept as required by section 18E subsections (2) and (3)
5: In this section, ledger records section 18E(4)
18F: Public Finance Act 1989 applies if party A is the Crown
If party A is the Crown,—
a: the retention money must be held and dealt with in accordance with Part 7 of the Public Finance Act 1989
b: sections 18D(1), (2), and (3), 18E,
5: Section 18FA amended (Protection of retention money)
In section 18FA Retention money held on trust Without limiting section 18C(4)(b)
6: Cross-heading above section 18FB repealed
Repeal the cross-heading above section 18FB
7: Section 18FB amended (Complying instruments)
1: Replace section 18FB(3)(a)
a: be issued in favour of, or endorsed with the interests of,—
i: party B; or
ii: party B and 1 or more other persons (each being a party B under a construction contract); or
iii: a class of persons (all being party Bs under construction contracts) of which party B is a member; and
2: In section 18FB(8) registered bank
8: Cross-heading above section 18FC repealed
Repeal the cross-heading above section 18FC
9: Section 18FC replaced (Accounting and records)
Replace section 18FC
18FC: Accounts and records
1: Party A must keep accounting and other records of all retention money held for party B.
2: The records must—
a: include details of—
i: all bank accounts in which retention money is held for party B ( see subsection (3)
ii: if party A relies on section 18D(3) see subsection (4)
b: be appropriate, having regard to the amount of retention money and the circumstances of the case; and
c: include any other information required by regulations; and
d: be kept in a way that complies with any requirements specified in regulations.
3: If party A keeps any of the retention money in a bank account, the records must—
a: identify the bank account as an account in which retention money is held for party B; and
b: identify the construction contracts under which that money is retained; and
c: include details of all payments into and out of the account; and
d: if the bank account holds retention money for any other party B, record that fact; and
e: comply with section 18E(4) to (6)
4: If party A relies on section 18D(3)
a: a copy of all complying instruments that relate to party B; and
b: for each instrument,—
i: a record of party B’s interest in the instrument, including the protected amount; and
ii: if the instrument also relates to 1 or more other persons (as permitted by section 18FB(3)(a)(ii) and (iii)
A: for each of those persons, the information specified in subparagraph (i)
B: the total of all protected amounts under the instrument; and
iii: if the issuer’s liability under the instrument is limited, details of that limitation; and
iv: evidence that the premium or other money that is, or that may become, payable to the issuer for the instrument has been fully paid by party A; and
v: a record of any failure to comply with the terms and conditions of the instrument.
5: Party A must make the accounting and other records required by this section in relation to retention money held for party B available for inspection by party B at all reasonable times and without charge.
6: If party A fails to comply with this section, party A commits an offence and is liable on conviction to a fine not exceeding $50,000 for each offence.
18FD: Party A must report on retention money
1: Party A must give the information required by subsection (2)
a: as soon as practicable after an amount becomes retention money; and
b: at least once in every 3 months until the retention money trust ends under section 18C(3)
2: The required information is—
a: each amount retained, the construction contract under which it is retained, and the date of its retention; and
b: the total amount of retention money held by party A for party B under each construction contract between party A and party B; and
c: the account details for any bank account in which any of the retention money is held; and
d: if party A relies on section 18D(3)
e: a statement that party B may inspect the accounts and records that party A is required by section 18FC
f: any other information specified in regulations.
3: The account details
a: if the account holder is party A,—
i: the name of the bank and the branch at which the account is held; and
ii: the name of the account; and
b: if the account holder is not party A,—
i: the name of the account holder; and
ii: the category of account holder under section 18E(3)(b)
c: the balance in the bank account that is held for party B; and
d: if separate ledger records are required under section 18E(4)
4: The instrument details
a: the name of the issuer:
b: sufficient information to identify the instrument (such as a policy number or other unique identifier):
c: the protected amount.
5: Party A must also give any other information specified in regulations to party B at other times specified in the regulations.
6: Party A must not give information under this section that is false or misleading.
7: If party A fails to comply with this section, party A commits an offence and is liable on conviction to a fine not exceeding $50,000 for each offence.
10: Section 18G amended (Interest on late payment)
Replace section 18G(2)
2: The interest referred to in subsection (1) accrues at the rate prescribed in regulations or any higher rate specified in the construction contract.
11: Section 18I amended (Prohibited provisions)
In section 18I(1)(c) a trust or an instrument under retention money or any bank account or instrument held for the purposes of
12: New sections 18J to 18L inserted
After section 18I
18J: Effect of receivership or liquidation of party A
1: This section applies if—
a: a receiver (as defined in section 2(1) of the Receiverships Act 1993
b: a liquidator is appointed under the Companies Act 1993
2: When the receiver or liquidator is appointed,—
a: party A ceases to be trustee of the retention money trust; and
b: the receiver or liquidator (or each of them if there is more than 1) becomes trustee of the retention money trust.
3: However, this section does not apply if party A has already been replaced as trustee.
18K: Receiver or liquidator as trustee
1: A person who becomes trustee of a retention money trust under section 18J or 18L new trustee
2: For the purpose of doing so, the new trustee has (in addition to their powers and duties as a trustee),—
a: if they are a receiver, all of the powers and duties that they have in their capacity as receiver; or
b: if they are a liquidator, all of the powers and duties of a liquidator under Schedule 6 of the Companies Act 1993
3: The new trustee is entitled to have their reasonable fees and costs met from the retention money trust.
4: The High Court may, on application by party B or the new trustee, review or fix the new trustee’s fees and costs and make such orders in relation to them as the court considers appropriate.
5: The new trustee must—
a: notify party B of their appointment within 10 working days of becoming trustee; and
b: give to party B all of the information that the person, in their capacity as receiver or liquidator, gives to unsecured creditors of party A when it is given to those creditors.
6: The new trustee is not liable for any unlawful or improper action taken by party A or any other person in their capacity as trustee of the retention money trust before the new trustee became trustee.
18L: Change of trustee
1: The High Court may, on application, remove or replace a receiver or liquidator as trustee of the retention money trust if it considers it appropriate to do so.
2: An application may be made by a receiver or liquidator who is a trustee of the retention money trust or by party B.
3: If a receiver or liquidator is the only trustee of the trust and is not willing or able to continue as trustee, they must apply to the court for the appointment of a replacement.
4: If a receiver or liquidator who is a trustee of the retention money trust is replaced as receiver or liquidator by another person, that other person becomes trustee of the retention money trust in place of the previous receiver or liquidator. Enforcement of retention money provisions
18M: Functions of chief executive
The chief executive has the following functions in relation to this subpart:
a: to disseminate information and provide educational programmes on matters relating to this subpart:
b: to publish guidance information on the requirements of this subpart:
c: to monitor compliance with this subpart:
d: to take enforcement action (including taking proceedings for offences) if the chief executive considers that it is desirable to do so—
i: to enforce compliance with this subpart; or
ii: to establish or clarify any matter of principle relating to this subpart or the interpretation of any provision of this subpart:
e: to provide advice to the Minister in relation to this subpart and to matters relating to retention money generally:
f: to carry out any other functions and duties specified in this subpart:
g: to take all necessary steps for the implementation and administration of this subpart:
h: to carry out any functions that are incidental and related to, or consequential upon, the functions set out in paragraphs (a) to (g)
18N: Power to require information
1: The chief executive may require any person to provide any information or document that the chief executive considers is reasonably necessary for the purposes of monitoring, investigating, or enforcing compliance with this subpart.
2: The chief executive must give written notice to the person that specifies—
a: the information or document that must be provided; and
b: how the information or document must be provided; and
c: a reasonable deadline by which the information or document must be provided.
3: The chief executive may copy or retain any information or document provided.
4: The recipient of a notice has the same privileges in relation to things required by the notice as a witness has in proceedings before a court. Guidance note
The privileges of a witness include the privilege against self-incrimination and the other privileges set out in subpart 8 of Part 2 of the Evidence Act 2006
18O: Offences relating to information and documents
1: A person given a notice under section 18N
2: A person who intentionally fails to comply with subsection (1)
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $50,000:
ii: in the case of a body corporate, to a fine not exceeding $200,000.
3: A person given a notice under section 18N
a: the information or document is false or misleading in a material particular; or
b: there is a material omission from the information or document.
4: A person who fails to comply with subsection (3)
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $50,000:
ii: in the case of a body corporate, to a fine not exceeding $200,000.
18P: Power of entry
1: The chief executive or a person authorised by the chief executive may apply for a search warrant in respect of any place.
2: The application must be made in accordance with subpart 3 of Part 4 of the Search and Surveillance Act 2012
3: An issuing officer may issue a search warrant in respect of the place if satisfied that there are reasonable grounds—
a: to suspect that an offence against this subpart has been, is being, or will be committed; and
b: to believe that there is evidential material in the place.
4: The provisions of Part 4 of the Search and Surveillance Act 2012 sections 118 and 119
5: In this section, evidential material issuing officer section 3(1) of the Search and Surveillance Act 2012
18Q: Hindering chief executive
1: A person must not obstruct, hinder, or resist the chief executive or a person authorised under section 18P
2: However, the person has the same privileges in relation to things required by the notice as a witness has in proceedings before a court. Guidance note
The privileges of a witness include the privilege against self-incrimination and the other privileges set out in subpart 8 of Part 2 of the Evidence Act 2006
3: A person who intentionally contravenes subsection (1)
a: commits an offence; and
b: is liable on conviction,—
i: in the case of an individual, to a fine not exceeding $50,000:
ii: in the case of a body corporate, to a fine not exceeding $200,000.
2: Amendments relating to transitional matters and consequential amendment
13: Cross-heading above section 11A inserted
Before section 11A Transitional, savings, and related provisions
14: New section 11B inserted (Transitional, savings, and related provisions)
After section 11A
11B: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
15: New Schedule 1 inserted
Insert the Schedule 1 set out in the Schedule Consequential amendment
16: Principal Act
Section 17 Search and Surveillance Act 2012 2023-10-05 Search and Surveillance Act 2012
17: Schedule amended
In the Schedule The following table is small in size and has 4 columns. This table amends the table in the Schedule of the Search and Surveillance Act 2012 and should be read with that table to provide understanding of the context. Construction Contracts Act 2002 18P Power to enter premises to investigate offences All (except sections 118 and 119 |
LMS825219 | 2023 | Child Support (Pass On) Acts Amendment Act 2023 | 1: Title
This Act is the Child Support (Pass On) Acts Amendment Act 2023.
2: Commencement
This Act comes into force on 1 July 2023
1: Amendments to child support legislation
1: Amendments to Child Support Act 1991
Principal Act
3: Principal Act
This Part amends the Child Support Act 1991 2023-07-01 Child Support Act 1991 Definitions
4: Section 2 amended (Interpretation)
1: In section 2(1) COVID-19 New Zealanders Stranded Overseas Support Programme
2: In section 2(1) social security benefit social security benefit
3: In section 2(1) UCB beneficiary unsupported child’s benefit Liability to pay child support under formula assessment
5: Section 9 replaced
Replace section 9
9: UCB beneficiaries must apply for formula assessment
Person to whom section applies
1: This section applies to a person who is a carer of a qualifying child (other than a child to whom section 8(2) applies) and—
a: is a UCB beneficiary; and
b: provides, or considers that the person provides, at least 35% of ongoing daily care to the child; and
c: is not already a receiving carer in respect of the child (but see subsection (4) Person must apply for formula assessment
2: A person to whom this section applies must apply for a formula assessment of child support in relation to every parent of the child unless subsection (5) When UCB beneficiary must make application for formula assessment
3: A UCB beneficiary who is required under subsection (2)
a: at the same time as an application for unsupported child’s benefit is made:
b: at a time other than when an application for unsupported child’s benefit is made, when notified by the Commissioner that an application for a formula assessment is required in relation to the qualifying child. If UCB beneficiary receives child support pursuant to order under Part 4 that relates to overseas order
4: If a person who is or becomes a UCB beneficiary receives child support pursuant to an order under Part 4 that relates to an overseas order (as referred to in section 67(b)),—
a: the person is deemed not to be a receiving carer for the purpose of this section; and
b: the person is deemed to have made, on the date on which the person becomes a UCB beneficiary, an election under section 70 that the order be one to which Part 4 does not apply; and
c: if the person ceases to be a UCB beneficiary, or ceases to provide at least 35% of ongoing daily care to the child,—
i: any formula assessment applying at that time ceases to apply; and
ii: the election under section 70 is deemed to be revoked (despite section 70(4)) on the following day. When UCB beneficiary not required to apply for formula assessment
5: A UCB beneficiary is not required to apply for a formula assessment in relation to a parent of the child if either the Commissioner or the chief executive of the department for the time being responsible for the administration of the Social Security Act 2018 is satisfied that all or any of the following applies:
a: there is insufficient evidence available to establish who in law that parent is:
b: there would be a risk of violence to a specified person if the UCB beneficiary were to do 1 or both of the following:
i: make an application for a formula assessment of child support in relation to that parent:
ii: take steps to make an application for a formula assessment of child support in relation to that parent:
c: that parent died before the application for unsupported child’s benefit was made:
d: the child was conceived as a result of incest or sexual violation:
e: the UCB beneficiary cannot make an application for a formula assessment of child support in relation to that parent because of a compelling circumstance, other than a circumstance mentioned elsewhere in this subsection. Meanings in subsection (5)(b)
6: In subsection (5)(b) specified person
a: the UCB beneficiary:
b: the UCB beneficiary’s spouse or partner:
c: the UCB beneficiary’s children:
d: the qualifying child:
e: a parent of the qualifying child:
f: a sibling of the qualifying child violence
6: Section 12 amended (Deemed application by beneficiary)
1: In the heading to section 12 beneficiary UCB beneficiary
2: In section 12(1) social security beneficiary UCB beneficiary
3: In section 12(2) beneficiary UCB beneficiary
7: Section 27 amended (Election by receiving carer to end formula assessment)
1: Replace section 27(4)
4: However, the election does not qualify for acceptance if a recognised carer of child C is, or is expected to be, on the day referred to in section 25(5)(a) or (b), a UCB beneficiary in respect of child C.
2: In section 27(9) social security beneficiary of the kind referred to in subsection (4)(a) or (b) UCB beneficiary in respect of child C Amount of child support payable under formula assessment made by Commissioner
8: Section 35A amended (Living allowance)
In section 35A(2)(b) special assistance under the COVID-19 New Zealanders Stranded Overseas Support Programme that corresponds to such a payment, or both, Voluntary agreements
9: Section 50 amended (Exception where payee is social security beneficiary)
1: In the heading to section 50 social security beneficiary UCB beneficiary
2: In section 50(b) a social security benefit an unsupported child’s benefit for the qualifying child Exemptions
10: Section 89B amended (Definitions for this Part)
In section 89B social security benefit Departure from formula assessment of child support initiated by Commissioner
11: Section 96Y amended (Election by receiving carer or by liable parent to become party or discontinue proceedings)
In section 96Y(2)(a) and (b) social security beneficiary UCB beneficiary Jurisdiction of courts in relation to child support and domestic maintenance
12: Section 122 replaced (Social security beneficiary to be compellable witness against liable parent)
Replace section 122
122: UCB beneficiary is compellable witness against liable parent
1: This section applies, in a proceeding under this Act, to a person ( person A
a: a carer of a qualifying child; and
b: in receipt of an unsupported child’s benefit at any time during a period to which the proceeding relates.
2: Person A is a compellable witness—
a: for the Commissioner against a person who, in relation to person A, is a liable parent; and
b: for a liable parent against the Commissioner.
3: This section applies despite any rule of law to the contrary. Collection of financial support
13: Section 131 amended (Social security beneficiaries to pay financial support by automatic deduction)
1: In section 131 benefit under the Social Security Act 2018, or Part 6 of the Veterans’ Support Act 2014, or the New Zealand Superannuation and Retirement Income Act 2001 social security benefit
2: In section 131(b) benefit to which the person is or may become entitled under that Act social security benefit to which the person is or may become entitled Payment of financial support
14: Sections 141 to 143 replaced
Replace sections 141 to 143
141: Payment to receiving carers who are not UCB beneficiaries
1: This section applies to money received by the Commissioner if—
a: the money is by way of child support in respect of a qualifying child; and
b: the receiving carer of that child is not a UCB beneficiary for that child.
2: The money must be paid to the receiving carer in accordance with this Part.
142: Payment of formula assessment child support to receiving carers who are UCB beneficiaries
When section applies
1: This section applies only if—
a: a person is the receiving carer of 1 or more children (the child support child or children
b: the person is also a UCB beneficiary in respect of 1 or more children (the UCB child or children
c: the child support child or children is or are either the same as, or different from, the UCB child or children; and
d: the Commissioner receives money by way of child support in respect of the UCB child or children; and
e: that money is paid by a liable parent or parents under 1 or more formula assessments; and
f: the Commissioner does not receive money in respect of the UCB child or children from any person under a voluntary agreement. Duty in respect of each child for whom an unsupported child’s benefit is payable
2: If this section applies, the Commissioner must, in respect of each child for whom an unsupported child’s benefit is payable,—
a: pay to the receiving carer the amount of child support paid by a liable parent that is payable to the receiving carer by that liable parent in respect of the child for periods when the receiving carer is not a recipient of an unsupported child’s benefit in respect of the child; and
b: aggregate all remaining payments of child support payable to the receiving carer in respect of each such child; and
c: deduct an amount equal to whichever is the lesser of the following amounts:
i: the net of tax amount of the unsupported child’s benefit; or
ii: the aggregate of all payments of child support received by the Commissioner that are payable to the receiving carer in respect of that child (except for any amount the Commissioner is required to pay under paragraph (a)
d: pay any remaining child support in respect of that child to the receiving carer. Interaction with section 137 (order in which payments to be applied by Commissioner)
3: This section does not limit the application of section 137 to the liable parent.
143: Payment of voluntary agreement child support to receiving carers who are UCB beneficiaries
When section applies
1: This section applies only if—
a: a person is the receiving carer of 1 or more children (the child support child or children
b: the person is also a UCB beneficiary in respect of 1 or more children (the UCB child or children
c: the child support child or children is or are either the same as, or different from, the UCB child or children; and
d: the Commissioner receives money by way of child support in respect of the UCB child or children; and
e: any of that money is paid by a liable parent or parents under 1 or more voluntary agreements. Duty in respect of each child for whom money is paid under a voluntary agreement
2: If this section applies, the Commissioner must, in respect of each child for whom money is paid under a voluntary agreement, pay to the receiving carer—
a: the amount of child support paid by a liable parent that is payable to the receiving carer by that liable parent in respect of the child for periods when the receiving carer is not a recipient of an unsupported child’s benefit in respect of the child; and
b: the amount by which the money paid under the voluntary agreement in respect of the child (except for any amount that the Commissioner is required to pay under paragraph (a) Duty in respect of each child for whom an unsupported child’s benefit is payable
3: If this section applies, the Commissioner must also, in respect of each child for whom an unsupported child’s benefit is payable,—
a: pay to the receiving carer the amount of child support paid by a liable parent that is payable to the receiving carer by that liable parent in respect of the child for periods when the receiving carer is not a recipient of an unsupported child’s benefit in respect of the child (except for any amount the Commissioner is required to pay under subsection (2)
b: aggregate all remaining payments of child support payable to the receiving carer in respect of each such child; and
c: deduct an amount equal to whichever is the lesser of the following amounts:
i: the net of tax amount of the unsupported child’s benefit; or
ii: the aggregate of all payments of child support received by the Commissioner that are payable to the receiving carer in respect of that child (except for any amount the Commissioner is required to pay under subsection (2) paragraph (a)
d: pay any remaining child support in respect of that child to the receiving carer. Interaction with section 137 (order in which payments to be applied by Commissioner)
4: This section does not limit the application of section 137 to the liable parent.
15: Section 152B amended (Offsetting child support payments)
In section 152B(2) social security beneficiary (as defined in section 2(1)) UCB beneficiary Enforcement provisions
16: Section 179A amended (Waiver of right to payment)
1: In section 179A(1) , or in receipt of any other social security benefit
2: In section 179A(5) , or begins to receive any other social security benefit
17: Section 180 amended (Payee may uplift financial support debt)
1: In section 180(2)(a) social security beneficiary (as defined in section 2(1)) UCB beneficiary
2: In section 180(2)(b) and (c) social security beneficiary (as so defined) UCB beneficiary
18: Section 180A amended (Commissioner may write off benefit component of child support debt if receiving carer was social security beneficiary and recovery would cause serious hardship or be inefficient use of Commissioner’s resources)
1: In the heading to section 180A social security beneficiary UCB beneficiary
2: In section 180A(1)(a) social security beneficiary (as defined in section 2(1)) UCB beneficiary
3: In section 180A(2) social security benefit or Application, transitional, and savings provisions
19: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Part 1
b: make all necessary consequential amendments.
2: Amendments to Child Support Rules 1992
20: Principal rules
This subpart amends the Child Support Rules 1992 2023-07-01 Child Support Rules 1992
21: Rule 13 amended (Affidavit to accompany certain applications)
In rule 13(1) (except an application for an urgent maintenance order under section 116 of the Act)
22: Rule 19 revoked (Declaration of financial means)
Revoke rule 19
23: Schedule 1 amended
1: In Schedule 1, revoke forms CS 21 CS 22
2: In Schedule 1, form CS 37 rr 19(1), 38(2)(a) r 38(2)(a)
3: Amendments to Family Court Rules 2002
24: Principal rules
This subpart amends the Family Court Rules 2002 2023-07-01 Family Court Rules 2002
25: Rule 21 amended (Special rules relating to affidavits)
Revoke rule 21(c)
26: Rule 258 amended (Affidavits in support to be filed to make certain applications on notice)
In rule 258 (except an application for an urgent maintenance order under section 116 of the Act)
27: Rule 260 revoked (Affidavit of financial means and their sources to be filed to make application under section 116 of Act)
Revoke rule 260
28: Schedule 3 amended
1: In Schedule 3, revoke forms CS 21 CS 22
2: In Schedule 3, form CS 28 r 260 rr 139(3)(c), 266(1)(a)
2: Amendments to other legislation
1: Amendments to Social Security Act 2018
Principal Act
29: Principal Act
This subpart amends the Social Security Act 2018 2023-07-01 Social Security Act 2018 Obligations
30: Section 113 amended (Beneficiary must notify change of circumstances)
1: Before section 113(1) Obligation to notify without delay change of circumstances
2: Before section 113(2) Examples of change of circumstances
3: Before section 113(3) Meaning of change in beneficiary’s relationship status
4: After section 113(3) How subsection (1) is satisfied for information share child support payment
4: Subsection (1) is satisfied for a change in a beneficiary’s circumstances that is an information share child support payment made to a beneficiary if the payment is disclosed to MSD under a specified approved information sharing agreement.
5: In this section,— information share child support payment
a: has the meaning given to it in Schedule 2; and therefore
b: excludes a general provisions child support payment (as that term is defined in Schedule 2) specified approved information sharing agreement Exception if person does not notify without delay change that is review ground
6: However, subsection (4)
a: MSD has in some way notified the beneficiary of the income charging of the payment under Schedule 3 ( see subsection (7)
b: the beneficiary does not notify MSD without delay of a change in the beneficiary’s circumstances that relates to the payment and that is or may be all or any of the review grounds specified in section 304A(1)(a) to (g) Examples of MSD notifying beneficiary of income charging of payment
7: For the purposes of subsection (6)(a)
a: that information share child support payments are, or will be, charged as income of the beneficiary under Schedule 3; or
b: of a change in amounts or timing of information share child support payments; or
c: of a change in how information share child support payments are charged as income of the beneficiary under Schedule 3. Review grounds include any additional grounds prescribed by regulations
8: For the purposes of subsection (6)(b) section 304A(1)(a) to (g) section 418(1)(ja) Administration
31: Section 296 amended (What this Part does)
After section 296(d)
da: the use of automated electronic systems to make decisions, exercise powers, comply with obligations, and take related actions:
32: Section 304 amended (Review of entitlement and rate payable)
1: Before section 304(1) Review under subpart
2: Before section 304(2) Subpart applies to special assistance
3: After section 304(1) Review under subpart of information share child support payments
1A: MSD may review under this subpart whether a person’s information share child support payment is or was all or any of their weekly income under Part 3A of Schedule 3 section 304A(1)(a) to (g) Review grounds include any additional grounds prescribed by regulations
1B: For the purposes of subsection (1A) section 304A(1)(a) to (g) subsection (1A) section 418(1)(ja)
4: Before section 304(3) Review of, or appeal against, decision on review under subpart
33: New section 304A inserted (Grounds for review of whether person’s information share child support payment is or was their weekly income)
After section 304
304A: Grounds for review of whether person’s information share child support payment is or was their weekly income
1: For the purposes of section 304(1A)
a: the person did not receive all or any of the payment before or on the deemed receipt (as defined in clause 15D of Schedule 3
b: the person is or was unable to access all or any of the payment for reasons that are or include exceptional circumstances:
c: MSD has charged under Part 3A of Schedule 3
i: the information share is incorrect due to an error by the Commissioner or an officer of the Department (as those terms are defined in the Tax Administration Act 1994):
ii: the information share is correct but read incorrectly by an automated electronic system:
iii: the information share is correct but due to a person’s error is inputted incorrectly into a system used by MSD:
d: a person has been incorrectly identified, or not identified, as the proper recipient of the payment (whether that mis- or non-identification was by an automated electronic system or a person):
e: for reasons that are or include a disruption to an automated electronic system, information about the payment is not shared with MSD on the transaction date (as defined in clause 15C of Schedule 3 Part 3A of Schedule 3
f: the person to whom the payment was made has died, and their benefit—
i: is specified in section 326(1)(a) to (h); and
ii: will end, or has ended, under section 326(2) or (3):
g: any 1 or more additional grounds prescribed, for the purposes of this paragraph, by regulations made under section 418(1)(ja)
2: In this section,— automated electronic system subpart 5A disruption
34: New subpart 5A of Part 6 inserted
After subpart 5
5A: Use of automated electronic systems in respect of information share child support payments
363A: Use of automated electronic systems to make decisions, exercise powers, comply with obligations, and take related actions
MSD may approve use
1: MSD may approve the use of an automated electronic system by a specified person to make any decision, exercise any power, comply with any obligation, or take any other related action under any specified provision. Meanings of specified person and specified provision
2: In this subpart,— specified person
a: the chief executive of the responsible department:
b: a public service employee, or other person, acting under a delegation (direct or indirect) from that chief executive specified provision Specified provision must be about effect of child support income
3: The specified provision must be about how an information share child support payment is or affects any person’s assets, income, or other means of any kind (however described), for the purposes of, or for any purpose related to,—
a: a benefit; or
b: any other assistance under this Act. Requirements for approval
4: MSD may approve the use of an automated electronic system only if—
a: the system is under the responsible department’s control; and
b: MSD is satisfied that the system has the capacity to make the decision, exercise the power, comply with the obligation, or take the related action with reasonable reliability; and
c: MSD is satisfied that the use of the system is consistent with the approved standard for MSD’s use of automated electronic systems ( see subsections (5) and (6)
d: 1 or more persons are always available, as an alternative, to make the decision, exercise the power, comply with the obligation, or take the related action. Approved standard for MSD’s use of automated electronic systems
5: MSD must ensure that there is in force at all times after the commencement of this section an approved standard for MSD’s use of automated electronic systems.
6: The standard, and any amendment, revocation, or replacement of the standard, must be—
a: approved by MSD, in consultation with the Privacy Commissioner appointed under the Privacy Act 2020; and
b: reviewed at least once every 3 years; and
c: published in the Gazette
d: published on an Internet site that—
i: is maintained by, or on behalf of, the responsible department; and
ii: is publicly available free of charge. Effect of use of approved system
7: A decision that is made, a power that is exercised, an obligation that is complied with, or a related action that is taken using an automated electronic system under this section must be treated for all purposes as if it were made, exercised, complied with, or taken (as the case may be) by a specified person authorised or required by the specified provision to make the decision, exercise the power, comply with the obligation, or take the related action. 2018 No 4 ss 295, 296
363B: Publication of details of arrangements for use of automated electronic systems
1: MSD must ensure that details of any arrangements to use an automated electronic system, and any variation or revocation of the arrangements, are published as soon as practicable—
a: in the Gazette
b: on an Internet site that—
i: is maintained by, or on behalf of, the responsible department; and
ii: is publicly available free of charge.
2: Those details must identify—
a: the relevant decision, power, obligation, or related action to be made, exercised, complied with, or taken under the specified provision; and
b: the automated electronic system that is to make, exercise, comply with, or take that decision, power, obligation, or related action.
3: The use of an automated electronic system is not made invalid by reason only of a failure to publish details of it or any variation to it as soon as practicable in accordance with subsection (1) 2018 No 4 s 297
363C: Variation and substitution of decisions made by automated electronic systems
1: This section applies to a decision made by an automated electronic system (the relevant decision
2: A specified person may—
a: vary, or add to, the terms or conditions of the relevant decision; or
b: substitute a decision for the relevant decision if the specified person is satisfied that the new decision—
i: could have been made under the same specified provision as the relevant decision; and
ii: is more favourable to the affected person.
3: A specified person is not obliged to exercise any power in subsection (2) 2018 No 4 s 298
363D: Appeals and reviews unaffected
General rule
1: A person has the same rights of appeal or right to apply for administrative or judicial review (if any) in relation to a decision made, power exercised, obligation complied with, or other action taken by an automated electronic system as the person would have had if the decision, power, obligation, or other action had been made, exercised, complied with, or taken by a specified person. Review under subpart 3 of Part 6 of information share child support payments
2: However, this section is subject to sections 304(1A) and 304A Part 3A of Schedule 3 section 304A(1)(a) to (g) Review grounds include any additional grounds prescribed by regulations
3: For the purposes of subsection (2) section 304A(1)(a) to (g) section 418(1)(ja) 2018 No 4 s 299 Other provisions
35: Section 418 amended (Regulations: general)
1: After the heading above section 418(1)(k)
ja: section 304A(1)(g)
2: After the heading above section 418(1)(o)
na: paragraph (j) Transitional, savings, and related provisions
36: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Part 2
b: make all necessary consequential amendments. Dictionary
37: Schedule 2 amended
1: In Schedule 2 automated electronic system section 304A child support child support debt recovery by reduced further payments of child support
a: under the Child Support Act 1991; and
b: by reduced further payments of child support that the person is entitled to receive (for example, under section 151(3) or 151AA(8) of that Act) child support deduction section 142(2)(c) or 143(3)(c) child support excess payment
a: money received by the Commissioner of Inland Revenue by way of child support and that is required to be paid to the receiving carer under section 142(2)(d)
b: a mixed child support payment child support year Commissioner of Inland Revenue deemed receipt clause 15D of Schedule 3 disruption section 304A foreign child support payment
a: made to the person; and
b: required under the laws of the country or territory; and
c: of the same nature as child support; and
d: the subject of an agreement (as defined in section 214 of the Child Support Act 1991) made between the government of the country or territory and the Government of New Zealand general provisions child support payment clause 7A(6)
a: paid to the person in a manner other than by direct credit to a bank account nominated by the person under section 148 of the Child Support Act 1991:
b: paid to the person when, and only to the extent that, the benefit, or other assistance under this Act, that the person is receiving is—
i: payable before the time of MSD’s decision to grant the benefit or other assistance under this Act; and
ii: subject to testing based on any person’s assets, income, or other means of any kind (however described):
c: a child support excess payment (which includes, without limitation, a mixed child support payment):
d: a payment made under section 143(2)(b) or (3)(d)
e: a payment made under an order made by the Family Court under section 109 of the Child Support Act 1991 (orders for provision of child support in form of lump sum):
f: a foreign child support payment:
g: a payment made to a receiving carer who is a person being paid, while that person is absent from New Zealand, a benefit that is any of the following:
i: New Zealand superannuation being paid overseas under section 26 of the New Zealand Superannuation and Retirement Income Act 2001 ( see
ii: New Zealand superannuation payable to a person resident in a specified Pacific country under section 31 of the New Zealand Superannuation and Retirement Income Act 2001 ( see
iii: a veteran’s pension being paid overseas under section 182 of the Veterans’ Support Act 2014 ( see
iv: a veteran’s pension payable to a person resident in a specified Pacific country under section 191 of the Veterans’ Support Act 2014 (see section 195(2) of that Act):
v: a benefit payable under any reciprocity agreement with another country adopted by an order made under section 380:
h: a payment after 30 June 2023 1 July 2023
i: a payment that is not disclosed to MSD under a specified approved information sharing agreement (as that term is defined in this schedule):
j: a child support payment of any other kind that is specified for the purposes of this paragraph by regulations made under section 418(1)(na) information share child support payment clause 7A(5)
a: money received by the person that is child support; and
b: not a general provisions child support payment (as that term is defined in this schedule) liable parent mixed child support payment
a: the receiving carer is—
i: a UCB beneficiary for a child or children (the UCB child or children
ii: caring for 1 or more children for each of whom an unsupported child’s benefit is not payable (the non-UCB child or children
b: the same liable parent is liable to pay the receiving carer child support for both of the following:
i: the UCB child or children:
ii: the non-UCB child or children; and
c: the child support is from that liable parent, and may be child support for 1 or both of the following:
i: the UCB child or children:
ii: the non-UCB child or children offset child support payment
a: the amount is offset under section 152B of the Child Support Act 1991; and
b: the offsetting of the amount has not been reversed receiving carer specified approved information sharing agreement section 113(4)
a: the Inland Revenue Department (as the department responsible for the administration of the Child Support Act 1991); and
b: the responsible department (as the department responsible for the administration of provisions of this Act) specified person section 363A(2) subpart 5A of Part 6 UCB beneficiary
2: In Schedule 2, definition of specified provision
b: in relation to use of automated electronic systems to make decisions, exercise powers, comply with obligations, and take related actions, is defined in section 363A(2) subpart 5A of Part 6
c: in relation to a reference to income for a period,—
i: is defined in clause 11 of Schedule 3 for the purposes of clauses 12 to 14 of Schedule 3; and
ii: is defined in clause 15C of Schedule 3 Part 3A of Schedule 3 Income and liabilities
38: Schedule 3, clause 1 amended (What this schedule does)
In Schedule 3, replace clause 1(b) and (c)
b: what, for the purposes of this Act, is income (including an overview of how child support may be income for the purposes of this Act):
c: general provisions on how income is calculated:
ca: special provisions on how weekly income is calculated if that income is information share child support payments:
39: Schedule 3, new clause 7A inserted (Overview of how child support may be income)
In Schedule 3, after clause 7
7A: Overview of how child support may be income
Interests acquired
1: Under clause 8(m)
a: an interest acquired that is an offset child support payment; or
b: an interest acquired by way of any child support debt recovery by reduced further payments of child support. Deductions
2: Under clause 8(n) Money received (payments)
3: Child support that is money received by a person is income of the person for the purposes of this Act unless it is— Court-ordered lump sums MSD determines are capital are not income
a: a payment that is ordered by the Family Court under section 109 of the Child Support Act 1991 (orders for provision of child support in form of lump sum) and that MSD determines, under clause 3(b) of this schedule, is an interest in capital received or acquired by the person; or Child support excess payments are not income
b: a child support excess payment (which includes, without limitation, a mixed child support payment) that, under clause 8(na) Payments covered by income exemption regulations are not income
c: a payment that, under clause 9 and income exemption regulations made under section 422, is not income of the person.
4: A child support payment is 1 of the following (as defined in Schedule 2)—
a: an information share child support payment; or
b: a general provisions child support payment. How information share child support payments are charged as income
5: An information share child support payment that is income is subject to—
a: general annual income provisions in Part 3 of this schedule ( see
b: special weekly income provisions in Part 3A How general provisions child support payments are charged as income
6: A general provisions child support payment that is income is subject to—
a: general annual income provisions in Part 3 of this schedule ( see
b: general weekly income provisions in Part 3 of this schedule ( see Special provisions about cash assets or income for particular purposes
7: This overview is about income for the purposes of the Act, and so does not affect special provisions about cash assets or income for particular purposes, for example,—
a: accommodation supplement ( see
b: childcare assistance ( see
c: temporary additional support ( see
d: a benefit’s stand-down period ( see
40: Schedule 3, clause 8 amended (Income excludes specified benefits, etc)
1: In Schedule 3, replace the heading to clause 8 Income excludes specified benefits, payments, interests acquired, etc
2: In Schedule 3, clause 8 payments: amounts or
3: In Schedule 3, replace clause 8(m) and (n)
m: child support that is an interest acquired by the person, for example,—
i: an interest acquired that is an offset child support payment; or
ii: an interest acquired by way of child support debt recovery by reduced further payments of child support:
n: a child support deduction for a receiving carer who is a UCB beneficiary:
na: a child support excess payment (which includes, without limitation, a mixed child support payment):
41: Schedule 3, Part 3 heading amended
In Schedule 3, in the Part 3 Calculation General provisions on calculation General provisions on calculation of income
42: Schedule 3, clause 11 amended (Interpretation)
In Schedule 3, clause 11 specified provision all or a portion of legislation in or made under
43: Schedule 3, clause 12 amended (How annual income calculated)
1: In Schedule 3, replace the heading to clause 12 How annual income is calculated
2: In Schedule 3, after clause 12(2)
3: The income received by the person for the 52 weeks specified in subclause (2) is or includes any information share child support payment that is charged as weekly income of the person under Part 3A
44: Schedule 3, clause 13 amended (How weekly income calculated)
1: In Schedule 3, replace the heading to clause 13 How weekly income is calculated: general
2: In Schedule 3, after clause 13(3)
4: Nothing in this clause applies to any information share child support payment ( see Part 3A
45: Schedule 3, clause 15 amended (Rules on how MSD determines income of people engaged in business or trade)
In Schedule 3, after clause 15(1)
1A: However, neither subclause (1) nor rules made under subclause (1) apply to any information share child support payment ( see Part 3A Special provisions on calculation of weekly income that is information share child support payment
46: New Part 3A of Schedule 3 inserted
In Schedule 3, after clause 15
3A: Special provisions on calculation of weekly income that is information share child support payment
How payment is charged as weekly income
15A: How payment is charged as weekly income
What this Part does
1: This Part sets out how a person’s information share child support payment is all or any of their weekly income—
a: for the rate of benefit; or
b: for a specified provision (as defined in clause 15C Key steps in charging payment as weekly income
2: The key steps in charging the payment as weekly income are as follows:
a: the payment is taken to be received at deemed receipt:
b: deemed receipt is used to identify when income charging starts and ends:
c: the payment amount is divided by the number of weeks the payment is charged to produce equal amounts of weekly income for each of those weeks. Exceptions
3: Under the exception in clause 15H
4: Under the exception in clause 15I
a: as income for other weeks; and
b: as equal or unequal amounts of weekly income for each of those other weeks.
15B: Effect of non-payment of benefit or other assistance
Part applies even if benefit or other assistance not payable
1: This Part applies to a person and an income-charging period even if the person’s benefit or other assistance under this Act is not payable at all or any of the following times:
a: at or after the time of disclosure to MSD of a payment that could be charged as income in the period:
b: at the start or end of, or at any other time or times in, the period. Examples of benefit or other assistance not payable
The person’s benefit or other assistance under this Act— is not payable at the start of the period; but is payable again later in the period. The person’s benefit or other assistance under this Act— is payable at the start of the period; but is not payable, then is payable again, later in the period.
2: Subclause (1)
3: But subclause (1)(a) subclause (4) Meaning of not payable
4: For the purposes of subclause (1) subclause (3)
a: the benefit or other assistance under this Act is, in connection with a review under section 304 or otherwise, suspended, or otherwise not payable, in connection with decisions MSD has made, or is to make, about whether the person is, or remains, entitled to—
i: the benefit or other assistance under this Act; or
ii: the rate of benefit or other assistance under this Act that was paid to the person:
b: the person is subject to legislation in or made under this Act that provides for the suspension, or other non-payment, in certain circumstances, of that person’s benefit or other assistance under this Act. Legislation providing for suspension or other non-payment
5: The legislation mentioned in subclause (4)(b)
a: section 213 (immediate suspension of benefit at request of New Zealand Police):
b: section 219 (general rule: benefit not payable while beneficiary absent from New Zealand):
c: section 237 (sanction for second failure: suspension of main benefit):
d: section 270 (sanction for first or second failure: suspension of in-hand allowance and incentive payments):
e: section 280 (sanction for first or second failure: suspension of in-hand allowance and incentive payments):
f: sections 331 to 336 (expiry and regrant of specified benefits):
g: regulations made under section 436 (regulations: factors affecting benefits: absence from New Zealand):
h: regulations made under section 441(1) (regulations: expiry and regrant of benefits). Definitions
15C: Interpretation
In this Part,— business 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
b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: Christmas Day, Boxing Day, New Year’s Day, and 2 January; and
d: if Christmas Day or 1 January falls on a Friday, the following Monday; and
e: if Christmas Day or 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday expected date of the next in-cycle payment in-cycle payment
a: by the Commissioner of Inland Revenue to the receiving carer; and
b: on the second business day after the 19th day of a month out-of-cycle payment specified provision standard income-charging period
a: if the relevant benefit or other assistance is paid in instalments of 1 week’s benefit or other assistance, a period that—
i: starts on a Monday; and
ii: ends at the close of the first Sunday after that Monday; and
b: if the relevant benefit or other assistance is paid in instalments of 2 weeks’ benefit or other assistance, a period that—
i: starts on a Wednesday; and
ii: ends at the close of the second Tuesday after that Wednesday transaction date
a: stated in the Commissioner of Inland Revenue’s instructions to the bank; and
b: disclosed to MSD under the specified approved information sharing agreement. Receipt
15D: Deemed receipt: general rule
In this Part, the deemed receipt
a: at the start of the first business day after the transaction date, if MSD makes no determination under clause 15E
b: if MSD makes a determination under clause 15E
15E: Deemed receipt: exception
1: MSD may determine that a person’s information share child support payment is, for the purposes of this Part, taken to be received—
a: not at the start of the first business day after the transaction date (under the general rule in clause 15D(a)
b: at the start of a later date.
2: MSD must consider the day on which the person actually received the payment, and any advantage to the person of the general rule in clause 15D(a)
a: whether to make a determination under this clause; and
b: the terms of a determination made under this clause. Payment charged as income: general rules
15F: When income charging starts: general rule
In-cycle payment or out-of-cycle payment For a person’s in-cycle payment or out-of-cycle payment, income charging starts as set out in item 1 or 2 of the following table: The following table is small in size and has 3 columns. Column 1 is headed Item. Column 2 is headed If the relevant benefit or other assistance is paid. Column 3 is headed income charging starts. Item If the relevant benefit or other assistance is paid ... income charging starts ... 1 in instalments of 1 week’s benefit or other assistance at the start of a standard income-charging period, if deemed receipt falls in that period 2 in instalments of 2 weeks’ benefit or other assistance at the start of a standard income-charging period, if deemed receipt falls in week 1 of that period or at the start of the next standard income-charging period, if deemed receipt falls in week 2 of a standard income-charging period
15G: When income charging ends: general rule
In-cycle payment
1: For a person’s in-cycle payment, income charging ends as set out in item 1 or 2 of the following table: The following table is small in size and has 3 columns. Column 1 is headed Item. Column 2 is headed If the relevant benefit or other assistance is paid. Column 3 is headed income charging ends. Item If the relevant benefit or other assistance is paid ... income charging ends ... 1 in instalments of 1 week’s benefit or other assistance at the end of the standard income-charging period immediately before the expected date of the next in-cycle payment 2 in instalments of 2 weeks’ benefit or other assistance at the end of the 4 weeks that start on the day on which the payment starts to be charged as the person’s income Out-of-cycle payment
2: For a person’s out-of-cycle payment, income charging ends as set out in item 1 or 2 of the following table: The following table is small in size and has 3 columns. Column 1 is headed Item. Column 2 is headed If the relevant benefit or other assistance is paid. Column 3 is headed income charging ends. Item If the relevant benefit or other assistance is paid ... income charging ends ... 1 in instalments of 1 week’s benefit or other assistance at the end of the first Sunday before the day that— (a) is in the month after the month of deemed receipt; and (b) corresponds to the day of deemed receipt or at the end of the first day of the second month after the month of deemed receipt, if the month after the month of deemed receipt contains no day that corresponds to the day of deemed receipt 2 in instalments of 2 weeks’ benefit or other assistance at the end of the 4 weeks that start on the day on which the payment starts to be charged as the person’s income Exceptions
15H: Terminal benefit
When clause applies to payment
1: This clause applies to the person’s information share child support payment (whether an in-cycle payment or an out-of-cycle payment) if—
a: the person has died, and their benefit—
i: is specified in any of paragraphs (a) to (h) of section 326(1); and
ii: will end, or has ended, under section 326(2) or (3); and
b: the payment’s deemed receipt is after the person’s death. Payment is not charged as weekly income
2: The payment is not charged as the person’s weekly income. Relationship with clauses 15F and 15G
3: This clause overrides clauses 15F and 15G
15I: Transfer to new benefit paid in different instalments
Transfer from weekly-instalment benefit to fortnightly-instalment benefit
1: This clause applies to a person who transfers—
a: from a benefit or other assistance that is payable in instalments of 1 week’s benefit or other assistance; and
b: to a benefit or other assistance that is payable in instalments of 2 weeks’ benefit or other assistance. Transfer from fortnightly-instalment benefit to weekly-instalment benefit
2: This clause also applies to a person who transfers—
a: from a benefit or other assistance that is payable in instalments of 2 weeks’ benefit or other assistance; and
b: to a benefit or other assistance that is payable in instalments of 1 week’s benefit or other assistance. MSD may determine that payment is charged as income for other weeks
3: MSD may determine that the person’s information share child support payment is charged as the person’s weekly income for a period that—
a: MSD identifies; and
b: is after the deemed receipt; and
c: is 3 or more weeks, but not more than 6 weeks; and
d: does not start or end as required by clauses 15F and 15G
4: In making a determination under this clause, MSD may charge the payment amount as equal or unequal amounts of weekly income. Mandatory relevant consideration
5: MSD must consider how MSD can best charge the payment as weekly income reasonably and conveniently if, and when, MSD decides—
a: whether to make a determination under this clause; and
b: the terms of a determination made under this clause. Relationship with clauses 15F and 15G
6: This clause overrides clauses 15F and 15G Deprivation of income or property
47: Schedule 3, clause 16 amended (Effect of deprivation of income or property)
In Schedule 3, after clause 16(1)
1A: For the purposes of this clause and of rules under clause 17, deprivation of income, property, or both, by a person who is an applicant for a benefit, or the spouse or partner of that applicant, excludes that person doing all or any of—
a: not applying for a formula assessment of child support payable in respect of a qualifying child under the Child Support Act 1991:
b: electing to end a formula assessment of child support payable in respect of a qualifying child under that Act:
c: choosing not to enter into a voluntary agreement for child support in respect of a qualifying child under that Act (whether or not that voluntary agreement—
i: is a voluntary agreement that, under section 48 of that Act, qualifies for acceptance by the Commissioner of Inland Revenue; and so
ii: is a qualifying voluntary agreement (as defined in section 2(1) of that Act)):
d: making under that Act an election to terminate liability under a qualifying voluntary agreement that, under section 48 of that Act, has been accepted by the Commissioner of Inland Revenue:
e: not making, or making, any other arrangement (for example, one in respect of a qualifying child and that is not a qualifying voluntary agreement (as those terms are defined in section 2(1) of that Act)) that does or may affect whether or what child support is payable in respect of a qualifying child under that Act.
1B: Subclause (1A) section 9
a: an applicant for an unsupported child’s benefit; or
b: the spouse or partner of that applicant; or
c: a UCB beneficiary; or
d: the spouse or partner of that UCB beneficiary.
48: Schedule 3, clause 17 amended (Rules on how MSD determines deprivation of income or property)
In Schedule 3, after clause 17(1)
1A: Rules under this clause are subject to clause 16(1A) Rates of benefits: abatement rates and income limits for youth payment and young parent payment
49: Schedule 4, Part 6 amended
1: In Schedule 4, Part 6 clause 11 clauses 11 and 11A
2: In Schedule 4, Part 6 clause 12 clauses 12 and 12A
3: In Schedule 4, Part 6 The following table is small in size and has 2 columns. The columns have no headings.
11: The applicable rate of youth payment or young parent payment in clause 1, 2, or 3
11A: If, after complying with clause 11 clause 1, 2, or 3
11B: In clause 11A young person’s relevant weekly income that is 1 or more information share child support payments; and that exceeds $258.08 of their weekly income that is 1 or both of— any weekly income (excluding any 1 or more information share child support payments): any 1 or more information share child support payments.
12: The applicable rate of youth payment or young parent payment in clause 4 or 5
12A: If, after complying with clause 12 clause 4 or 5 clause 12B
12B: In clause 12A relevant combined weekly income of the young person and the young person’s spouse or partner that is 1 or more information share child support payments; and that exceeds $258.08 of their combined weekly income that is 1 or both of— any weekly income (excluding any 1 or more information share child support payments): any 1 or more information share child support payments.
13: For the purposes of clause 11, 11A, 12, or 12A see clause 6
2: Amendments to Social Security Regulations 2018
Principal regulations
50: Principal regulations
This subpart amends the Social Security Regulations 2018 2023-07-01 Social Security Regulations 2018 Childcare assistance
51: Regulation 20 amended (Interpretation)
1: In regulation 20(1) total income
a: the caregiver’s income as defined in Part 2 of Schedule 3 of the Act (including, without limitation, a payment that is weekly income of the caregiver under clauses 3 and 8 and Part 3A of Schedule 3
aa: a child support excess payment, which includes, without limitation, a mixed child support payment ( see clause 8(na) of Schedule 3
2: In regulation 20(1) total income ; and ; but
3: In regulation 20(1) total income Temporary additional support
52: Regulation 69 amended (Chargeable income)
1: Replace regulation 69(3)(f)
f: income as defined in Part 2 of Schedule 3 of the Act (including, without limitation, a payment that is weekly income under clauses 3 and 8 and Part 3A of Schedule 3
fa: a child support excess payment, which includes, without limitation, a mixed child support payment ( see clause 8(na) of Schedule 3
2: Revoke regulation 69(3)(h)
53: Regulation 71 amended (Allowable costs)
After regulation 71(3)(m)
n: any child support required to be paid by a person for the week concerned under a formula assessment under the Child Support Act 1991 (regardless of whether, and, if so, how that support must under that Act be paid to, or otherwise dealt with to improve the position of, a receiving carer). Benefit stand down
54: Regulation 182 amended (Period of benefit stand down: interpretation)
1: In regulation 182 income includes— excludes any child support that is an interest acquired by the person (for example, an interest acquired that is an offset child support payment, or an interest acquired by way of any child support debt recovery by reduced further payments of child support), but
2: In regulation 182 income
aa: any money received by the person that is child support and—
i: is not a payment that is ordered by the Family Court under section 109 of the Child Support Act 1991 (orders for provision of child support in form of lump sum) and that MSD determines, under clause 3(b) of Schedule 3 of the Act, is an interest in capital received or acquired by the person; and
ii: may, but need not, be a child support excess payment (which includes, without limitation, a mixed child support payment) that, under clause 8(na) of Schedule 3
iii: may, but need not, be a payment that, under clause 9 of Schedule 3 of the Act and regulation 294 (income exemptions), is not income of the person; and
iv: is an information share child support payment or a general provisions child support payment: Recovery of debt
55: Regulation 207 amended (Exceptions to duty to recover debts)
After regulation 207(1)(a)
aa: regulation 208A
ab: regulation 208B
56: New regulations 208A and 208B inserted
After regulation 208
208A: Debts caused by disruption to automated electronic system
1: MSD cannot recover under the Act a sum comprising a debt, or that part of a debt, that was caused wholly or partly by a disruption to an automated electronic system.
2: In this regulation,— automated electronic system subpart 5A of Part 6 disruption
208B: Debts caused by specified errors identified through information share child support payment reviews
1: MSD cannot recover under the Act a sum comprising a debt, or that part of a debt, that was caused wholly or partly by a specified error identified through an information share child support payment review.
2: In this regulation,— information share child support payment review section 304(1A) specified error
a: MSD has charged an amount of income that is not the correct amount ( see section 304A(1)(c)
b: a person has been incorrectly not identified as the proper recipient of the payment (whether that non-identification was by an automated electronic system or a person) ( see section 304A(1)(d) Transitional, savings, and related provisions
57: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Part 3
b: make all necessary consequential amendments. Cash assets and income exemptions
58: Schedule 8, clause 1 amended (Cash assets exemptions (for accommodation supplement))
In Schedule 8, clause 1 The following table is small in size and has 4 columns. The table amends clause 2 of Schedule 8 of the Social Security Regulations 2018 and should be read with that table to provide understanding of the context. 23 A child support payment to which clause 62 Not cash assets of the person to whom the payment was made Only for the weeks that, under Part 3A of Schedule 3 24 A child support payment to which clause 62 clause 61 Part 3A of Schedule 3 Not cash assets of the person to whom the payment was made Only for 28 days after the weeks that, under Part 3A of Schedule 3
59: Schedule 8, clause 2 amended (Cash assets exemptions (for temporary additional support))
In Schedule 8, clause 2 The following table is small in size and has 4 columns. The table amends clause 2 of Schedule 8 of the Social Security Regulations 2018 and should be read with that table to provide understanding of the context. 24 A child support payment to which clause 62 Not cash assets of the person to whom the payment was made Only for the weeks that, under Part 3A of Schedule 3 25 A child support payment to which clause 62 clause 61 Part 3A of Schedule 3 Not cash assets of the person to whom the payment was made Only for 28 days after the weeks that, under Part 3A of Schedule 3
60: Schedule 8, clause 4 amended (Income exemptions (for purposes of Act))
In Schedule 8, clause 4 The following table is small in size and has 4 columns. The table amends clause 4 of Schedule 8 of the Social Security Regulations 2018 and should be read with that table to provide understanding of the context. 30 An information share child support payment to which clause 63 Not income for the person to whom the payment was made 31 A general provisions child support payment to which clause 64 Not income for the person to whom the payment was made
61: New Parts 35 to 37 of Schedule 8 inserted
In Schedule 8, after Part 34
35: Child support payments: cash assets exemptions (accommodation supplement and temporary additional support)
61: Interpretation
Definition of child support payment
1: In this Part, child support payment
a: an information share child support payment; and
b: charged as all or any of the weekly income of the person under Part 3A of Schedule 3 Definition of exceptional circumstances
2: For the purposes of item 24 of clause 1 item 25 of clause 2 exceptional circumstances Bereavement
a: a member of the person’s immediate family has died: Serious illness, serious injury, or serious sickness
b: the person, or a member of the person’s immediate family, is suffering from a serious illness, a serious injury, or a serious sickness: Patient in hospital care
c: the person, or a member of the person’s immediate family, is a patient in hospital care: Victim of crime
d: the person is a victim: Area affected by emergency, disease, or other exceptional adverse event
e: the person resides in, or is present in and cannot reasonably leave, an area in respect of which a state of local emergency or state of national emergency is in force under Part 4 of the Civil Defence Emergency Management Act 2002:
f: the person resides in, or is present in and cannot reasonably leave, an area that is or may be affected by an outbreak of a quarantinable disease in respect of which an epidemic notice has been given, and is in force, under section 5(1) of the Epidemic Preparedness Act 2006:
g: the beneficiary resides in, or is present in and cannot reasonably leave, an area that is or may be affected by any exceptional adverse event other than those prescribed by paragraphs (e) and (f)
3: In this Part, unless the context otherwise requires,— crime
a: is liable on conviction to imprisonment for life or to imprisonment for more than 3 months; or
b: would have been liable on conviction to imprisonment for life or to imprisonment for more than 3 months but for circumstances (for example, the offender has died) hospital care immediate family
a: means a member of the person’s family, whānau, or other culturally recognised family group, who is in a close relationship with the person at the time of the death; and
b: to avoid doubt, includes—
i: a spouse, civil union partner, or de facto partner:
ii: a child or stepchild:
iii: a brother, sister, stepbrother, or stepsister:
iv: a parent or step-parent:
v: a grandparent victim
a: a person against whom a crime has been committed by another person; and
b: a person who, through (or by means of) a crime committed by another person, has suffered physical or emotional harm, or loss of, or damage to, property; and
c: a parent or legal guardian of a child, or of a young person, who falls within paragraph (a) or (b)
d: a member of the immediate family of a person who, as a result of a crime committed by another person, has died, unless that member is charged with the commission of, is convicted or found guilty of, or pleads guilty to, the crime concerned.
62: Payments
This clause applies to a child support payment made to a person.
36: Information share child support payments if transfer to new benefit paid in different instalments: income exemptions (for purposes of Act)
63: Information share child support payment if transfer to new benefit paid in different instalments and payment income before date new benefit commences
Transfer from weekly-instalment benefit to fortnightly-instalment benefit
1: This clause applies to an information share child support payment made to a person if—
a: the person transfers—
i: from a benefit paid in instalments of 1 week’s benefit (the former benefit
ii: to a benefit paid in instalments of 2 weeks’ benefit (the new benefit
b: the payment’s deemed receipt is on or after the commencement date of the new benefit; and
c: the payment starts to be charged as all or any of the weekly income of the person under Part 3A of Schedule 3 Transfer from fortnightly-instalment benefit to weekly-instalment benefit
2: This clause also applies to an information share child support payment made to a person if—
a: the person transfers—
i: from a benefit paid in instalments of 2 weeks’ benefit (the former benefit
ii: to a benefit paid in instalments of 1 week’s benefit (the new benefit
b: the payment’s deemed receipt is on or after the commencement date of the new benefit; and
c: the payment starts to be charged as all or any of the weekly income of the person under Part 3A of Schedule 3
37: General provisions child support payments when benefit or other assistance paid on backdated basis: income exemptions (for purposes of Act)
64: General provisions child support payments when benefit or other assistance paid on backdated basis
This clause applies to a general provisions child support payment that is paid to the person when, and only to the extent that, the benefit, or other assistance under the Act, that the person is receiving is—
a: payable before the time of MSD’s decision to grant the benefit or other assistance under the Act; and
b: subject to testing based on any person’s assets, income, or other means of any kind (however described).
3: Amendments to Public and Community Housing Management Act 1992
Principal Act
62: Principal Act
This subpart amends the Public and Community Housing Management Act 1992 2023-07-01 Public and Community Housing Management Act 1992 Definitions
63: Section 2 amended (Interpretation)
In section 2(1) calculation mechanism calculation mechanism
a: sections 107 to 113; and
b: the regulations for the time being in force under section 114 Deprivation of income, property, or both
64: Section 112 amended (Assessable income may be adjusted in certain cases)
After section 112(1)
1A: For the purposes of this section, deprivation of income, property, or both, by an applicable person excludes that applicable person doing all or any of—
a: not applying for a formula assessment of child support payable in respect of a qualifying child under the Child Support Act 1991:
b: electing to end a formula assessment of child support payable in respect of a qualifying child under that Act:
c: choosing not to enter into a voluntary agreement for child support in respect of a qualifying child under that Act (whether or not that voluntary agreement—
i: is a voluntary agreement that, under section 48 of that Act, qualifies for acceptance by the Commissioner of Inland Revenue; and so
ii: is a qualifying voluntary agreement (as defined in section 2(1) of that Act)):
d: making under that Act an election to terminate liability under a qualifying voluntary agreement that, under section 48 of that Act, has been accepted by the Commissioner of Inland Revenue:
e: not making, or making, any other arrangement (for example, one in respect of a qualifying child and that is not a qualifying voluntary agreement (as those terms are defined in section 2(1) of that Act)) that does or may affect whether or what child support is payable in respect of a qualifying child under that Act.
1B: Subsection (1A) section 9
a: an applicant for an unsupported child’s benefit; or
b: the spouse or partner of that applicant; or
c: a UCB beneficiary (as defined in section 2(1) of the Child Support Act 1991); or
d: the spouse or partner of that UCB beneficiary. Administrative matters and review
65: New section 115A inserted (How duty to advise satisfied for information share child support payment made to person)
After section 115
115A: How duty to advise satisfied for information share child support payment made to person
How section 115(1), (2), or (3) is satisfied for payment
1: Section 115(1), (2), or (3) is satisfied for a change in a person’s circumstances that is an information share child support payment made to the person if the payment is disclosed to the agency under an approved information sharing agreement (as defined in section 138 of the Privacy Act 2020) between—
a: the Inland Revenue Department (as the department responsible for the administration of the Child Support Act 1991); and
b: the agency (as the department, departmental agency, or Crown entity responsible for the administration of provisions of this Act). Exception if person does not promptly advise of matter relevant to review
2: However, subsection (1)
a: the agency has in some way notified the person that the payment has been disclosed to the agency under an approved information sharing agreement ( see subsection (3)
b: the person does not promptly advise the agency of a change in the person’s circumstances that relates to the payment, and that is or may be relevant to a review under all or any of—
i: section 116 (reviews of income-related rents):
ii: section 117 (agency may review housing eligibility):
iii: section 118 (agency may review housing needs of tenant). Examples of change in circumstances that relates to payment
Examples of a change in the person’s circumstances that relates to the payment include that— the person did not receive all or any of the payment: the payment as received by the person is of a smaller amount than the amount of the payment as disclosed to the agency under an approved information sharing agreement: the person has been incorrectly identified as the proper recipient of the payment. Examples of agency notifying person that payment disclosed to agency
3: For the purposes of subsection (2)(a)
a: that information share child support payments are, or will be, disclosed to the agency under an approved information sharing agreement; or
b: that 1 or more particular information share child support payments disclosed to the agency under an approved information sharing agreement are or may be relevant to—
i: a review proposed to be conducted under all or any of sections 116 to 118; or
ii: any outcome (for example, any proposed outcome) of a review conducted under all or any of sections 116 to 118. Meaning of information share child support payment
4: In this section, information share child support payment
a: has the same meaning as in Schedule 2 of the Social Security Act 2018; and therefore
b: excludes a general provisions child support payment (as that term is defined in Schedule 2 of the Social Security Act 2018). Calculation mechanism: repeal of spent provisions
66: Schedule 2 repealed
Repeal Schedule 2 Transitional, savings, and related provisions
67: Schedule 4 amended
In Schedule 4
a: insert the Part set out in Part 4
b: make all necessary consequential amendments.
4: Amendments to Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018
Principal regulations
68: Principal regulations
This subpart amends the Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018 2023-07-01 Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018 Definition of cash assets for purposes of calculation mechanism for income-related rents
69: Regulation 3 amended (Interpretation)
In regulation 3(1) cash assets cash assets
a: has the same meaning as in section 68(2) of the Social Security Act 2018; but
b: despite paragraph (a)
i: item 23 of clause 1 clause 62
ii: item 24 of clause 1 clause 62 Exclusions from weekly income for calculation mechanism for income-related rents
70: Regulation 14 amended (Certain payments not to be income)
1: In the heading to regulation 14 payments amounts or
2: Replace regulation 14(a)(iii) and (iv)
iii: of a kind stated in any of clause 8(b) to (j) and (m)
A: in that clause 8(m)
B: in that clause 8(n)
C: in that clause 8(na)
iv: of a kind stated in clause 4 of Schedule 8 of the Social Security Regulations 2018, except for a child support payment to which—
A: item 30 of clause 4 clause 63
B: item 31 of clause 4 clause 64 Transitional, savings, and related provisions
71: Schedule amended
In the Schedule
a: insert the Part set out in Part 5
b: make all necessary consequential amendments. |
LMS766322 | 2023 | Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023 | 1: Title
This Act is the Counter-Terrorism Acts (Designations and Control Orders) Amendment Act 2023.
2: Commencement
1: This Act comes into force on the day after the date of Royal assent.
2: Section 13 Security Information in Proceedings Act 2022 section 2(1)(a) or (b)
3: Sections 15 to 24 Security Information in Proceedings (Repeals and Amendments) Act 2022 section 2(1)(a) or (b)
1: Amendments to Terrorism Suppression Act 2002
3: Principal Act
This Part amends the Terrorism Suppression Act 2002 2023-05-10 Terrorism Suppression Act 2002 excluding sections 12–24
4: Section 4 amended (Interpretation)
In section 4(1) imprisoned sections 35A to 35E Part 2 section 35G
5: Section 23 amended (Further provisions relating to final designation)
In section 23(h) section 34 or 35D
6: Section 30 amended (Information available to Prime Minister)
In section 30
a: replace or to revoke , revoke, or renew
b: replace or section 22 or section 34, , 22, 34, 35, or 35D
7: Section 35 amended (Designations under section 22 to expire after 3 years unless renewed by Prime Minister)
In section 35(1)(a) section 34 or 35D
8: New sections 35A to 35G and cross-headings inserted
After section 35 Effect on final designation if entity imprisoned
35A: Effect on final designation if entity imprisoned
When sections 35B to 35F apply
1: Sections 35B to 35F
a: the subject of a designation made under section 22 as—
i: a terrorist entity; or
ii: an associated entity; and
b: imprisoned (as defined in section 35G When imprisonment starts does not matter
2: Sections 35B to 35F
a: the time when the designation takes effect:
b: the time when the last renewal (if any) of the designation takes effect.
35B: Certain revocation applications stopped
While the entity is imprisoned, no application for revocation of the designation can be made under section 34(1)(a) or (b) on the ground specified in section 34(3)(b).
35C: Duration of designation extended (3-year period until expiry paused)
1: While the entity is imprisoned, any incomplete 3-year period, or further 3-year period, under section 35, for expiry of the designation, does not run or end.
2: When the entity ceases to be imprisoned, that period, or further period, resumes, and the designation may expire (if it is not renewed under section 35).
35D: Periodic review whether designation no longer justified
1: The Prime Minister must, at least once every 3 years while the entity is imprisoned, review the designation and decide whether it is no longer justified.
2: The Prime Minister must revoke under this section a designation that they decide under this section is no longer justified ( see also
35E: Periodic review: when designation no longer justified
1: The Prime Minister may decide a designation is no longer justified under section 35D
2: Subsection (1)
35F: Periodic review: procedure
For a review under section 35D
a: must take reasonable steps to allow the following to make available relevant information:
i: the entity; and
ii: a third party with an interest in the designation that, in the Prime Minister’s opinion after having regard to section 34(2), is an interest apart from any interest in common with the public; and
b: must take into account any relevant information made available in response to those steps; and
c: may take into account any other relevant information, including classified security information ( see also
35G: Definition: when entity is imprisoned
Definition
1: For sections 35A to 35E imprisoned Prisoner under Corrections Act 2004
a: is in the legal custody under the Corrections Act 2004 of—
i: the chief executive (as defined in section 3(1) of that Act); or
ii: the Commissioner of Police; or Arrested and detained or sentenced for armed forces discipline
b: is arrested and detained under the Armed Forces Discipline Act 1971 pending release or trial; or
c: is a service detainee or a service prisoner (as those terms are defined in section 4 of the Prisoners' and Victims' Claims Act 2005). When entity may be in specified legal custody under Corrections Act 2004
2: Subsection (1)(a)
a: is detained for the purposes of any remand pending or during trial or sentence in the District Court or High Court; or
b: is detained in a prison as a young person (aged 17 years), pending hearing in the Youth Court, and under an order made under section 238(1)(f) of the Oranga Tamariki Act 1989; or
c: is serving a sentence of imprisonment (for example, is serving a sentence of imprisonment as a young person—
i: detained under that sentence in a prison or in a Police jail under section 34(1) or (2) of the Corrections Act 2004; and so
ii: not detained under that sentence in a residence under section 34A(1) of that Act); or
d: is detained under the Immigration Act 2009 (for example, pending deportation); or
e: is detained under the Extradition Act 1999 (for example, pending the surrender of the entity to the extradition country). Meaning of young person
3: In this section, young person Classified security information, and notification
9: Section 42 amended (Notification of revocation, expiry, or invalidity of designations)
In section 42(1) or section 35 , 35, or 35D
10: Section 59 amended (Discharge of order under section 55 on appeal)
In section 59(2) section 34 or 35D
11: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in Part 1 of Schedule 1
b: make all necessary consequential amendments. Consequential amendment to Security Information in Proceedings Act 2022
12: Principal Act
Section 13 Security Information in Proceedings Act 2022 2023-11-28 Security Information in Proceedings Act 2022 if not brought into force ealier by OIC
13: Section 4 amended (Interpretation)
In section 4 security information SI 38 34 Consequential amendments to Security Information in Proceedings (Repeals and Amendments) Act 2022
14: Principal Act
Sections 15 to 24 Security Information in Proceedings (Repeals and Amendments) Act 2022 2023-11-28 Security Information in Proceedings (Repeals and Amendments) Act 2022 if not brought into force ealier by OIC
15: Section 71 amended (New section 29D inserted (Notification of decisions about expiry or revocation of designations))
1: In section 71 Expiry or revocation of designation
2: In section 71 or 29C , 29C, or 35D
3: In section 71 Decision to decline application for revocation of designation
4: In section 71 Decision under section 35D
4: If the Prime Minister decides that the result of a review under section 35D
5: If the Prime Minister relied on classified security information in deciding that the result of a review under section 35D
a: the Prime Minister relied on that kind of information; and
b: the entity may request that a summary of the classified security information be provided to them under section 31.
16: Section 73 replaced
Replace section 73
73: Section 30 amended (Information available to Prime Minister)
In section 30, replace 34, 35, 29B, 29C,
17: Section 74 amended (New sections 31 and 31A and cross-heading inserted)
1: In section 74 or 29D(3)(b) or section 29D(3)(b) or (5)(b)
2: In section 74
b: to decline an application for revocation of a designation under section 29C; or
c: the result of a review under section 35D
3: In section 74
b: to decline an application for revocation of a designation under section 29C; or
c: the result of a review under section 35D
18: New section 76A inserted (New section 34 inserted (Proceedings involving classified security information))
After section 76
76A: New section 34 inserted (Proceedings involving classified security information)
After section 33, insert:
34: Proceedings involving classified security information
1: This section applies to any civil proceedings (including public law and judicial review proceedings) in a court relating to the administration or enforcement of this Act.
2: If the Crown proposes to present classified security information in proceedings, the Attorney-General must—
a: make an application to an authorised court under section 32
b: submit to the court the certification described in section 4A(1)(b)
3: If the classified security information is also national security information, the Crown may submit with the application and certification referred to in subsection (2) section 41 section 36(3)
4: In this section,— 2022 Act Security Information in Proceedings Act 2022 authorised court national security information NSI certificate security information order section 4
19: New sections 78A to 78E inserted
After section 78
78A: Section 35B amended (Certain revocation applications stopped)
In section 35B section 34(1)(a) or (b) on the ground specified in section 34(3)(b) section 29C(1)(a) or (b) on the ground specified in section 29C(3)(b)
78B: Section 35C amended (Duration of designation extended (3-year period until expiry paused))
In section 35C(1) and (2) 35 29B
78C: Section 35D amended (Periodic review whether designation no longer justified)
In section 35D(2) 42 29D
78D: Section 35F amended (Periodic review: procedure)
In section 35F(a)(ii) 34(2) 29C(2)
78E: Cross-heading below section 35G repealed
Repeal the cross-heading below section 35G
20: Section 79 replaced (Section 38 replaced (Procedure in proceedings involving classified security information))
Replace section 79
79: Section 38 repealed (Procedure in proceedings involving classified security information)
Repeal section 38.
21: Section 81 amended (Section 42 amended (Notification of revocation, expiry, or invalidity of designations))
1: In the heading to section 81 amended renumbered as section 35 and repositioned
2: Before section 81(1), insert:
1AAA: Renumber section 42 as section 35 and reposition it after section 34 section 76A
3: Replace section 81(2)
2: In section 42(1) expires or is revoked or is found to be or to have been invalid, under section 34, 35, or 35D is found to have been invalid
22: Section 81A inserted (Section 56 amended (Notice of application under section 55))
After section 81
81A: Section 56 amended (Notice of application under section 55)
In section 56(4), replace 38 34
23: Section 82 amended (Section 58 amended (Appeal against decision on application under section 55))
In section 82 section 38 section 34
24: Schedule 6 amended
1: In Schedule 6 relevant action decisions of the Prime Minister
2: In Schedule 6 relevant action
e: a decision of the Prime Minister that the result of a review under section 35D
3: In Schedule 6 section 38 proceedings section 34 proceedings section 34
4: In Schedule 6 38 34
5: In Schedule 6 Section 38 proceedings commenced before the commencement date, and Proceedings to which section 38 (as in force before the commencement date) applied, and that were
2: Amendments to Terrorism Suppression (Control Orders) Act 2019
25: Principal Act
This Part amends the Terrorism Suppression (Control Orders) Act 2019 2023-05-10 Terrorism Suppression (Control Orders) Act 2019
26: Section 5 amended (Interpretation)
1: In section 5 community-based sentence EM address EM requirement see also section 17A EM requirement for a residential requirement
a: submit to electronic monitoring of compliance with a residential requirement of the control order concerned; and
b: co-operate with, and comply with any lawful direction given by, Police; and
c: not tamper with or damage or do anything to interfere with the functioning of the electronic monitoring equipment; and
d: otherwise comply with their obligations under the EM requirement for the residential requirement ( see section 17A overturned section 28A(1) (6) section 28A(3) to (5) post-detention conditions relevant occupant
a: if it is a family residence, every person of or over the age of 16 years who ordinarily lives there; and
b: if it is any other residence, every person whom the Commissioner or the chief executive of the Department of Corrections identifies as being a relevant occupant for the purposes of section 16D and clause 3 of Schedule 3 residential requirement sentence of home detention
2: In section 5 relevant offender section 6(5) or (6)
27: Section 6 amended (Meaning of relevant person)
1: In section 6(1AA)(b) subsection (5) or (6)
2: In section 6(5)(a) the commencement date of the Counter-Terrorism Legislation Act 2021 5 October 2021 (which is the commencement date of the Counter-Terrorism Legislation Act 2021)
3: After section 6(5) Commission of terrorism-related New Zealand offence punished by sentence of home detention or community-based sentence
6: This subsection applies to a person who is 18 years old or older and—
a: who, on or after the commencement date of the Counter-Terrorism Acts (Designation and Control Orders) Amendment Act 2023, committed, and was convicted of, a terrorism-related New Zealand offence ( see
b: who was sentenced, on or after that commencement date, for that offence, to a sentence of home detention or a community-based sentence; and
c: whose last day as an offender who is subject to that sentence of home detention (including while subject to post-detention conditions), or that community-based sentence, is after that commencement date. Effect of appeal against conviction or sentence
7: Subsections (5) and (6) section 28A
a: the convicted person or a prosecutor has appealed against the conviction or sentence; and
b: the sentence is suspended, or ceases to run, because of the filing of a notice of appeal or application for leave to appeal.
28: Section 8A amended (Meaning of terrorism-related New Zealand offence)
1: Replace section 8A(b)(ii)
ii: that involves a specified objectionable publication.
2: In section 8A
2: In this section, specified objectionable publication FVPC Act Publication deemed objectionable under section 3(2) of FVPC Act
a: the publication promotes or supports, or tends to promote or support, acts of torture or the infliction of extreme violence or extreme cruelty (as provided in section 3(2)(f) of the FVPC Act): Publication determined objectionable under section 3(3) of FVPC Act
b: the extent and degree to which, and the manner in which, the publication describes, depicts, or otherwise deals with acts of torture, the infliction of serious physical harm, or acts of significant cruelty (as provided in section 3(3)(a)(i) of the FVPC Act):
c: the extent and degree to which, and the manner in which, the publication promotes or encourages acts of terrorism (as provided in section 3(3)(d) of the FVPC Act).
29: Section 12 amended (Power to make)
In section 12(3)(a) privacy) , and their ability to comply with any conditions of any sentence they are serving, order they are subject to, or relevant conditions imposed upon them
30: Section 14 amended (Application required)
In section 14(2)(b) section 15(2)(a) or (b) or 16A(2)
31: Section 16A amended (Application for interim control order in respect of relevant offender)
In section 16A(1)(a)(ii) section 6(5)(c) or, as the case requires, on or before their last day as an offender who is subject to the sentence of home detention (including while subject to post-detention conditions), or the community-based sentence, mentioned in section 6(6)(c)
32: Section 16B amended (Application for final control order in respect of relevant offender)
In section 16B(1)(a)(ii) and (c)(ii) section 6(5)(c) or, as the case requires, on or before their last day as an offender who is subject to the sentence of home detention (including while subject to post-detention conditions), or the community-based sentence, mentioned in section 6(6)(c)
33: New sections 16C to 16E inserted
After section 16B
16C: Report on whether EM requirement practicable and appropriate
1: If the requirements of a control order sought are or include an EM requirement ( see
2: The report must address whether an EM requirement is practicable and appropriate, including—
a: whether the monitoring equipment will function adequately; and
b: if the report relates only or in part to an EM requirement for a residential requirement, complying with section 16D
3: The report may also address any of the following matters:
a: the relevant person’s circumstances, including their employment, training, and childcare commitments; and
b: any other matter that is or may be relevant to whether (and if so, on what terms, and any conditions) a control order should impose an EM requirement. 2000 No 38 s 30F
16D: EM address for EM requirement for residential requirement
1: In preparing a report under section 16C
a: whether the proposed EM address is appropriate for electronic monitoring of the relevant person, including whether there is any evidence of violence between—
i: the relevant person and any occupant of that address; and
ii: the relevant person and any person who may reasonably be expected to visit that address:
b: after following the steps set out in subsection (2)
2: Before ascertaining whether or not a relevant occupant consents, the Commissioner or the chief executive of the Department of Corrections must—
a: ensure that the occupant—
i: is aware of the nature of the circumstances that may lead to the relevant person becoming subject to an EM requirement for a residential requirement; and
ii: is aware of the nature of any past offending by the relevant person; and
iii: is aware of and understands the effects of an EM requirement for a residential requirement; and
b: inform the occupant that the information in paragraph (a)
c: inform the occupant that the information in paragraph (a) paragraph (b)
d: inform the occupant that consent to the relevant person remaining at the EM address with an EM requirement for a residential requirement can be withdrawn at any time and inform the occupant how they may withdraw their consent. 2000 No 38 s 30G
16E: Use of information obtained for report
1: The uses to which information obtained for the purpose of preparing a report under section 16C may be put are the following:
a: use in the determination of the application to which the report relates:
b: any use to which the relevant person has consented:
c: any other use that is or may be necessary for the purposes of this Act.
2: That information may not be used except in accordance with subsection (1) 2000 No 38 s 30H
34: Section 17 amended (Requirements that may be imposed)
1: In section 17(j) to remain at that address (except as authorised by or under section 18
2: Replace section 17(n)
n: require that the relevant person submits to electronic monitoring of compliance with the requirements of the control order concerned and complies with their other obligations under section 17A see also section 19(1)
3: After section 17(p)
q: require that the relevant person comply with any requirements that are not of a kind specified in paragraphs (a) to (p), that are specified in the order, and that are imposed under section 12(2)(b) and (c) and (3) for (as the case requires)—
i: the main purposes stated in section 3(a) and (b); or
ii: 1 or both of the incidental purposes stated in section 3(c).
35: New section 17A inserted
After section 17
17A: Relevant person’s obligations under EM requirement
Obligations under any EM requirement
1: A relevant person who is subject to a control order with an EM requirement must—
a: submit to electronic monitoring of compliance with the requirements of the control order concerned ( see section 17(n)
b: co-operate with, and comply with any lawful direction given by, Police; and
c: not tamper with or damage or do anything to interfere with the functioning of the electronic monitoring equipment. Obligations under EM requirement for residential requirement
2: A relevant person who is subject to a control order with an EM requirement for a residential requirement must (as well as complying with their obligations under subsection (1)
a: not leave the EM address at any time except as authorised by or under section 18
b: remain in the area of the EM address that has been defined under clause 3 of Schedule 3 section 18
c: present themselves at the door of the EM address when required to do so by a constable. Breach
3: A breach by a relevant person of an obligation under subsection (1) or (2) see
36: Sections 18 and 19 replaced
Replace sections 18 19
18: Limits on residential requirement
Daily limit on residential requirement
1: No residential requirement can require the relevant person to remain at a specified address for more than 12 hours in any 24-hour period. Authorised absences: general
2: A residential requirement does not prevent the relevant person from leaving a specified address—
a: as authorised under subsection (3) or (5)
b: to seek urgent medical or dental treatment; or
c: to avoid or minimise a serious risk of death or injury to the relevant person or any other person; or
d: to surrender themselves to Police custody. Authorised absences: court-authorised absences
3: A court imposing a residential requirement can authorise the relevant person to be absent from a specified address.
4: In authorising a relevant person to be absent from the specified address, the court must specify—
a: the time or times during which the relevant person may be absent; and
b: the purpose or purposes for which the relevant person may be absent. Authorised absences: Police-authorised absences
5: In addition to absences authorised under subsection (3) Further provision if EM requirement for residential requirement
6: If the relevant person is, or is to be, also subject to an EM requirement for a residential requirement,—
a: a specified address under section 17(j) must be the same as the EM address:
b: references in subsections (1) to (5) clause 3 of Schedule 3 2000 No 38 s 30M
19: Limits on EM requirement
Limit on any EM requirement
1: An EM requirement requires ( see section 17(n)
a: to submit to electronic monitoring of compliance with the requirements of the control order concerned; and
b: to comply with their other obligations under section 17A
2: An EM requirement may be imposed by a control order only—
a: under section 12(2)(b) or (c); and
b: for the relevant purposes mentioned in section 12(2)(b) or (c).
3: The court must not impose an EM requirement if the court considers that a less restrictive requirement or combination of requirements would be sufficient to achieve—
a: the main purposes stated in section 3(a) and (b); and (if applicable)
b: 1 or both of the incidental purposes stated in section 3(c).
4: The court must not impose an EM requirement unless the court is satisfied on reasonable grounds that the relevant person has been made aware of and understands their obligations under the EM requirement ( see section 17A
5: In considering whether (and if so, on what terms, and any conditions) to impose an EM requirement, the court—
a: must consider the report referred to in section 16C
b: may have regard to any other relevant information. Limits on EM requirement for residential requirement
6: In imposing an EM requirement for a residential requirement, a court must specify the EM address ( see also 18(6)(a)
7: The court must not impose an EM requirement for a residential requirement unless the court is satisfied on reasonable grounds ( see also section 16D
a: the proposed EM address is appropriate for the purpose of a control order with an EM requirement for a residential requirement:
b: it is practicable for the relevant person to remain at the proposed EM address:
c: every relevant occupant of the proposed EM address has consented to the relevant person remaining at the proposed EM address with an EM requirement for a residential requirement:
d: the consent of the relevant occupant has been obtained after the steps set out in section 16D(2) 2000 No 38 ss 30C, 30I, 30J
37: New section 20A and cross-heading inserted
After section 20 Management of EM requirement
20A: Management of EM requirement
An EM requirement, if imposed, is managed under Schedule 3
38: Section 21 amended (Service of control order)
In section 21(3) engagement in , or commission of,
39: Section 22 amended (Information to be served with interim control order made without notice)
In section 22(i)(ii) section 16(1)(b) or 16B(1)(b)
40: Section 25 amended (Duration)
Replace section 25(6)
6: A final control order expires (subject to earlier variation, discharge, or expiry of the order or its requirements and to section 26(2)) at the end of its duration.
7: However, the expiry of a final control order does not prevent another control order being applied for and made in respect of the same relevant person, but based on—
a: engagement in later and different terrorism-related activities in a foreign country; or
b: commission of a later and different terrorism-related New Zealand offence.
41: Section 26 amended (Renewal)
1: Replace section 26(4)
4: No control order can be renewed if it has expired under—
a: section 28B
b: section 29 (expiry if relevant person sentenced to long-term sentence).
2: In section 26(7) and 16(1) , 16(1), and 16B(1)
42: Section 28 amended (Suspension)
In section 28(1)(a) on remand , or in a prison on a recall
43: New sections 28A and 28B inserted
After section 28
28A: Discharge if conviction or sentence overturned on criminal appeal
When control order discharged
1: A control order made in respect of a relevant offender is discharged if, on a criminal appeal by the offender or by a prosecutor, the conviction or sentence specified in section 6(5) or (6)
2: The control order is discharged regardless of whether the relevant person is a relevant person in reliance on section 6(7) When conviction overturned
3: The conviction is overturned
a: without an order for retrial; or
b: with a retrial being ordered but—
i: not being proceeded with; or
ii: not resulting in a conviction specified in section 6(5) or (6)
iii: being ended by a stay of proceedings. When sentence overturned
4: The sentence is overturned
a: it is set aside or remitted; and
b: another sentence (whether more or less severe) specified in section 6(5) or (6)
5: The sentence is also overturned
a: it, or any part of it, or any condition of it, is varied (by an appeal court); and
b: because of that variation, the sentence imposed on the offender for the relevant offence is not a sentence specified in section 6(5) or (6)
28B: Expiry if relevant person recalled to prison and remains in prison because of that recall for at least 2 years
1: This section applies if, while a relevant person is subject to a control order, the relevant person is recalled to prison and remains in prison because of that recall (and not because of any later recall to prison of that relevant person) for at least 2 years.
2: The control order and its requirements expire, and the control order cannot be replaced by a final control order or renewed.
3: However, the expiry of the control order does not prevent another control order being applied for and made in respect of the same relevant person, but based on—
a: engagement in later and different terrorism-related activities in a foreign country; or
b: commission of a later and different terrorism-related New Zealand offence.
44: Section 29 amended (Expiry if relevant person sentenced to long-term sentence)
Replace section 29(2)
2: The control order and its requirements expire, and the control order cannot be replaced by a final control order or renewed.
3: However, the expiry of the control order does not prevent another control order being applied for and made in respect of the same relevant person, but based on—
a: engagement in later and different terrorism-related activities in a foreign country; or
b: commission of a later and different terrorism-related New Zealand offence.
45: Section 33 amended (Automatic suppression of identity of relevant person)
1: Replace section 33(4)
3A: The court may make an order that permits the publication—
a: on its own initiative; or
b: on an application for the purpose made by the Commissioner or by the person.
3B: In particular, the court may make an order that permits the publication—
a: on an application for the purpose made by the Commissioner, if—
i: the Commissioner has made, without notice to the person, an application for a control order in respect of the person; and
ii: the court has not yet heard or finally determined the application for the control order in respect of the person:
b: on an application for the purpose made by the Commissioner or by the person, if—
i: the Commissioner has made, on notice to the person, an application for a control order in respect of the person; and
ii: the court has not yet heard or finally determined the application for the control order in respect of the person.
4: The court may make an order that permits the publication—
a: only if satisfied that permitting the publication is consistent with the purposes of this section; and
b: if the order is made on an application by the person, only if satisfied that the person understands the nature and effect of their decision to apply for the order.
2: After section 33(5)
5A: For the purposes of subsection (5)(a), the ground in section 21(1)(i) of the Human Rights Act 1993 must be taken to be age, which means any age commencing with the age of 16 years
46: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Part 2 of Schedule 1
b: make all necessary consequential amendments.
47: Schedule 2 amended
In Schedule 2 privacy) , and their ability to comply with any conditions of any sentence they are serving, order they are subject to, or relevant conditions imposed upon them
48: New Schedule 3 inserted
After Schedule 2 Schedule 3 Schedule 2 |
LMS421371 | 2023 | Forests (Legal Harvest Assurance) Amendment Act 2023 | 1: Title
This Act is the Forests (Legal Harvest Assurance) Amendment Act 2023.
2: Commencement
1: This Act, other than the provisions described in subsection (2)
a: 3 years after this Act receives the Royal assent:
b: a date specified by Order in Council.
2: Section 49
a: subpart 10 of Part 5 sections 139, 140, and 141
b: subpart 2 of Part 7
3: An Order in Council made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation 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.
3: Principal Act
This Act amends the Forests Act 1949 2026-05-19 Forests Act 1949
1: Amendments to principal Act
4: Section 2 amended (Interpretation)
1: In section 2(1) forestry register forestry practice standards
2: In section 2(1) log trader section 63I section 166
3: In section 2(1) registered
c: in relation to Part 2A, registered under that Part as a forestry adviser:
d: in relation to Part 5
e: in relation to Part 6
4: In section 2(1) marae misconduct
a: in relation to a person registered as a forestry adviser, has the meaning given in section 63ZI(4); and
b: in relation to a person registered as a log trader, has the meaning given in section 179(2) New Zealand log Parts 5 and 6 officer practice standards
a: for forestry advisers, the practice standards set under section 63ZZL; and
b: for legal harvest, the practice standards set under section 158
c: for log traders, the practice standards set under section 200 threshold volume section 169(4) unsatisfactory conduct
a: in relation to a person registered as a forestry adviser, has the meaning given in section 63ZI(3); and
b: in relation to a person registered as a log trader, has the meaning given in section 179(1)
5: Section 2B amended (Parts of this Act that bind the Crown)
After section 2B(b)
c: Part 5
d: Part 6
e: Part 7
6: Section 13 amended (Protection of forestry officers, etc)
1: In the heading to section 13 of forestry officers, etc from personal liability
2: In section 13(1) by any forestry officer, by an employee of the Ministry, or by any person appointed to a committee under section 15(2)(b) by a person to whom this section applies
3: Replace section 13(2)
2: This section applies to—
a: an officer:
b: an employee of the Ministry:
c: a person appointed to a committee under section 15(2)(b):
d: a person called on to assist an officer:
e: a person outside the public service to the extent that the person is acting under a delegation referred to in section 63D.
7: Section 15B amended (Collection and disclosure of statistical information)
In section 15B(5) forestry officer or other officer
8: Section 59 amended (Offences with respect to forestry officers)
1: In the heading to section 59 forestry
2: In section 59(a) forestry
9: Section 60 amended (Other offences)
1: In section 60(a) a forestry an
2: In section 60(c) forestry
10: Part 2A heading amended
In the Part 2A log traders and
11: Section 63A amended (Purpose of this Part)
In section 63A(2)(a) log traders and
12: Section 63B replaced (Forestry Authority)
Replace section 63B
63B: Forestry Authority
The Secretary is the Forestry Authority.
13: Section 63C amended (Functions)
1: In section 63C(a) (b)(i) log traders and
2: In section 63C(f) section 63ZZE(g) section 63ZZE(1)(g)
3: In section 63C(b)(ii) registered log traders and
4: In section 63C
2: The Forestry Authority may, for the purpose of subsection (1)(a)
14: Section 63G amended (Power to obtain information from registered persons)
1: In section 63G(1) log trader or
2: In section 63G(2)(a) registered log trader or
15: Sections 63H to 63K and cross-heading above section 63H repealed
Repeal sections 63H to 63K section 63H
16: Section 63L replaced (Forestry advisers must be registered)
Replace section 63L
63L: Requirement for forestry advisers to be registered
1: A person who wishes to provide a forestry adviser service for reward must—
a: be registered as a forestry adviser under section 63Q; and
b: have authorisation (as specified in their registration) to provide that kind of forestry adviser service.
2: However,—
a: subsection (1) see section 63ZZN(1)(a)
b: subsection (1)(b) see section 63ZZN(1)(b)
3: A person must not falsely hold out that they, or any other person,—
a: are a registered forestry adviser; or
b: have authorisation to provide a forestry adviser service; or
c: are not required to be registered as a forestry adviser or to have authorisation to provide a forestry adviser service.
17: Section 63M amended (Meaning of forestry adviser service)
1: In section 63M(1)(b) produce , but only from the time of harvest up to and including the first processing (within the meaning of section 76
2: In section 63M(1)(d) section 63ZZE(b) section 63ZZE(1)(b)
3: In section 63M(2)(a) incidental to, and not the principal part of, the provision of advice that is ancillary or incidental to
18: Section 63N replaced (Entitlement to be registered forestry adviser)
Replace section 63N
63N: Registration criteria for forestry advisers
1: The criteria that must be met (to the satisfaction of the Forestry Authority) in order for a person to be a registered forestry adviser are as follows:
a: the person is an individual; and
b: the person is a fit and proper person to provide a forestry adviser service; and
c: the person meets the entitlement criteria set by regulations made under section 63ZZE(1)(c).
2: In determining whether a person is a fit and proper person, the Forestry Authority must take into account—
a: the matters set out in regulations made under section 63ZZE(1)(e); and
b: any other matters that the Authority considers relevant.
19: Section 63O amended (Obligations of registered forestry adviser)
1: In section 63O(c)(ii) section 63ZZE(g) section 63ZZE(1)(g)
2: In section 63O(e) section 63ZZE(k) section 63ZZE(1)(k)
3: In section 63O(f) section 63ZZE(h) section 63ZZE(1)(h)
4: In section 63O(g) section 63ZZE(i) and (j) section 63ZZE(1)(i) and (j)
5: Replace section 63O(h)
h: comply with any other obligations that apply to registered forestry advisers, whether imposed by this Part or by regulations.
20: Section 63P amended (Application for registration)
1: In section 63P(1) log trader or
2: In section 63P(1)(b) section 63ZZE(m) section 63ZZE(1)(m)
21: Section 63Q amended (Decision on application for registration)
1: In section 63Q(1) log trader or
2: Replace section 63Q(2)
2: If the Authority is satisfied that the applicant meets the registration criteria ( see section 63N
a: register the applicant; and
b: notify the applicant of—
i: the date on which the registration has effect; and
ii: the date on which the registration will expire if it is not renewed ( see
iii: any conditions of the registration ( see
iv: which forestry adviser services the person is authorised to provide.
2A: The Authority—
a: may ask the applicant to provide any other information that the Authority needs to decide whether the applicant meets the registration criteria; and
b: if the applicant does not provide the requested information within 6 months after being asked for it, may decline the application for that reason.
22: Section 63R amended (Registrations expire unless renewed)
1: In the heading to section 63R Registrations expire Registration expires
2: In section 63R log trader or
3: In section 63R section 63ZZE(n) section 63ZZE(1)(n)
23: Section 63S amended (Application for renewal of registration)
1: In section 63S(1) log trader or
2: In section 63S(1)(c) section 63ZZE(m) section 63ZZE(1)(m)
24: Section 63T amended (Decision on application for renewal of registration)
1: In section 63T(1) log trader or
2: In section 63T(2)(b)(iv) for a forestry adviser,
25: Section 63U amended (Conditions of registration)
1: In section 63U(1) section 63ZZE(k) section 63ZZE(1)(k)
2: In section 63U(1)(a) log trader or
3: Repeal section 63U(3)
4: In section 63U(4) on the registration of a forestry adviser
5: In section 63U(7) on a registered forestry adviser
6: In section 63U(7) section 63ZZE(k) section 63ZZE(1)(k)
26: Section 63V amended (Measures to address unsatisfactory conduct or misconduct)
Repeal section 63V(1)(c)
27: Section 63W repealed (Notice requiring log trader to address unsatisfactory conduct)
Repeal section 63W
28: Section 63X replaced (Suspension of registration for misconduct)
Replace section 63X
63X: Suspension of registration as forestry adviser
1: The Forestry Authority may suspend a person’s registration as a forestry adviser if the Authority is satisfied that the person—
a: has engaged in misconduct (as defined by section 63ZI) in their capacity as a registered forestry adviser; or
b: has failed to meet their obligations to pay fees, levies, or charges imposed by regulations made under this Part and the failure is more than minor or inconsequential; or
c: is no longer providing a forestry adviser service.
2: Before suspending a person’s registration as a forestry adviser, the Authority must—
a: give the person notice of the Authority’s intention to suspend registration and the reasons for the decision; and
b: invite the person to provide information to satisfy the Authority that the decision is inappropriate; and
c: give the person a reasonable opportunity to respond.
3: After completing the steps in subsection (2)
a: include the reasons for the decision; and
b: in the case of a suspension,—
i: specify the dates of the period of suspension; and
ii: specify any conditions imposed under this section; and
c: inform the person of the right of review under section 63Z.
4: A suspension takes effect on the date on which the person is given notice under subsection (3)
5: The suspension ceases on the expiry of the period specified in the notice unless—
a: the person has exhausted their right of review in respect of the decision to suspend registration (after which registration is revoked under section 63Y
b: the Authority notifies the person that the suspension is lifted on an earlier date.
6: The Authority may lift the suspension on an earlier date than that specified in the notice if the Authority is satisfied that the reasons for the suspension no longer apply.
7: The Authority may impose conditions that apply for the duration of the suspension, but the Authority must be satisfied that the conditions are—
a: necessary or desirable for the purposes of this Part; and
b: reasonable.
8: A person whose registration is suspended must, for the duration of the suspension, comply with any conditions imposed under this section.
9: While a person’s registration is suspended, the person must be treated as not being registered under this Part.
29: Section 63Y replaced (Revocation of registration)
Replace section 63Y
63Y: Revocation of registration as forestry adviser
1: The Forestry Authority must revoke a person’s registration as a forestry adviser—
a: if the registration is suspended under section 63X
b: at the request of the registered person.
2: If a forestry adviser’s registration is suspended, the Authority may revoke their registration if the Authority is satisfied that—
a: the person has failed within a reasonable time to take appropriate corrective action to remedy the deficiency or failure that resulted in the suspension; and
b: the person has not sought a review of the decision to suspend registration.
3: The revocation has effect on the date on which it is notified to the registered person or a later date specified by the Authority and notified to the registered person.
30: Section 63Z amended (Right of review of certain decisions of Forestry Authority)
1: In section 63Z(1)(a) (b) (e) log trader or
2: Repeal section 63Z(1)(d)
31: Section 63ZA amended (Who reviews decision)
In section 63ZA(1)(b) Secretary or is performing or exercising a function or power delegated under section 63D
32: Section 63ZI amended (Complaints about unsatisfactory conduct or misconduct)
In section 63ZI(4)(c) section 63ZZE(f) section 63ZZE(1)(f)
33: Section 63ZJ amended (Disputes about commercial matters)
Repeal section 63ZJ(1)(b)
34: Section 63ZK replaced (Offences)
Replace section 63ZK
63ZK: Offences
1: A person commits an offence if the person fails to comply with—
a: section 63L(1)
b: section 63L(3)
c: section 63O (obligations of registered forestry adviser); or
d: section 63P(2) (requirement not to provide false or misleading information in application for registration); or
e: section 63S(2) (requirement not to provide false or misleading information in application for renewal of registration).
2: It is a defence to a charge under any of paragraphs (a) to (e) of subsection (1)
a: the defendant proves that the commission of the offence was due to—
i: the act or omission of another person; or
ii: an accident; or
iii: some other cause or circumstances outside the defendant’s control; and
b: the defendant proves that they took reasonable precautions and exercised due diligence to avoid the commission of the offence or offences of the same kind.
3: It is a defence to a charge under subsection (1)(d) or (e)
a: did not know that the information they provided was false or misleading; and
b: exercised all reasonable care and due diligence to ensure that the information provided was not false or misleading.
4: However, a defence in subsection (2) or (3)
a: the defendant notifies the prosecutor in writing, at least 15 working days before the hearing date, that they intend to rely on the defence; or
b: the court gives leave for the defendant to rely on the defence.
35: Cross-heading above section 63ZM replaced
Replace the cross-heading above section 63ZM Register of forestry advisers
36: Sections 63ZM and 63ZN repealed
Repeal sections 63ZM and 63ZN
37: Section 63ZO amended (Register of forestry advisers)
In section 63ZO(3)(e) section 63ZZE(o) section 63ZZE(1)(o)
38: Section 63ZP amended (Form of forestry registers)
1: In the heading to section 63ZP forestry registers forestry advisers register
2: In section 63ZP(a) forestry registers forestry advisers register
3: In section 63ZP(b) registers is as set out in sections 63ZN and 63ZO register is as set out in section 63ZO
39: Section 63ZQ amended (Access to forestry registers)
1: In the heading to section 63ZQ forestry registers forestry advisers register
2: In section 63ZQ(1)(a)
a: replace forestry registers forestry advisers register
b: replace them it
3: In section 63ZQ(1)(b) (2)(a) a forestry register the register
40: Section 63ZR amended (Obligation to notify Forestry Authority of changes)
1: In section 63ZR(1) a forestry register the forestry advisers register
2: In section 63ZR(2) 10 20
41: Subpart 2 of Part 2A repealed
Repeal subpart 2
42: Section 63ZZC amended (Requirements before making regulations)
Replace section 63ZZC(1)(b)(i) to (iii)
i: section 207
ii: section 208
iii: section 210
43: Section 63ZZD amended (Regulations may subdelegate power to make rules)
1: In section 63ZZD(1) Regulations If a person is delegated a function or power under this Part, regulations
2: In section 63ZZD(2)(c) sections 63ZT to 63ZW sections 207 to 210
44: Section 63ZZE amended (Regulations: registration)
1: Repeal section 63ZZE(1)(a)
2: In section 63ZZE(1)(c)
a: delete a log trader or
b: replace sections 63J(1)(b) and 63N(1)(c) section 63N(1)(c)
3: In section 63ZZE(1)(e)
a: delete log trader or
b: replace sections 63J(2)(a) and 63N(2)(a) section 63N(2)(a)
4: In section 63ZZE(1)(g) sections 63K(b)(ii) and section
5: In section 63ZZE(1)(h) sections 63K(d) and section
6: In section 63ZZE(1)(i) sections 63K(e) and section
7: In section 63ZZE(1)(l) sections 63K(f) and section
8: In section 63ZZE(1)(m) log trader or
9: In section 63ZZE(1)(n) log traders, forestry advisers, or both forestry advisers
10: In section 63ZZE(1)(o)
a: replace forestry register forestry advisers register
b: replace sections 63ZN(3)(d) and 63ZO(3)(e) section 63ZO(3)(e)
45: Section 63ZZI amended (Regulations: levies)
Replace section 63ZZI(4)
4: Regulations made under this section are secondary legislation ( see
46: Section 63ZZL amended (Rules: forestry practice standards)
1: In the heading to section 63ZZL forestry practice standards practice standards for forestry advisers
2: In section 63ZZL(1) registered log traders and
3: Repeal section 63ZZL(2)(b)
47: Section 63ZZN amended (Exemptions from registration requirements)
Replace section 63ZZN(1)(a) (b)
a: exempt any class of persons from the requirement to be a registered forestry adviser ( see section 63L(1)(a)
b: exempt any class of persons from the requirement to have authorisation, whether in relation to a particular service or class of service ( see section 63L(1)(b)
48: Section 71B amended (Restriction on exercise of power of entry)
1: In section 71B(1)(e) may , subject to subsection (2A)
2: After section 71B(2)
2A: An issuing officer must not issue a search warrant in relation to an offence under Part 5
a: something in relation to the offence that has been or is being or is intended to be committed; or
b: evidence of the commission of the offence.
49: New Parts 5 to 7 inserted
After Part 4
5: Legal harvest assurance
74: Purpose of this Part
The purpose of this Part is to—
a: strengthen the international reputation of the forestry sector; and
b: safeguard and enhance market access for the forestry sector; and
c: reduce the risk of importing timber that is not legally harvested; and
d: help reduce international trade in timber that is not legally harvested.
75: Outline of legal harvest system
1: The legal harvest system established under this Part—
a: requires a person who is responsible for harvesting regulated timber to—
i: provide, when supplying that timber to others in trade, legal harvest information about that timber (which includes a statement about the extent to which the timber is legally harvested); and
ii: keep the legal harvest information up to date; and
iii: keep records of any legal harvest information they have provided; and
b: requires a person to be registered for legal harvest before—
i: acting as a log trader for certain activities; or
ii: carrying out the first processing of regulated timber (in trade); or
iii: importing or exporting any specified timber product (in trade); and
c: requires those registered for legal harvest to have a due diligence system to eliminate or mitigate the risk of them dealing in—
i: timber that is not legally harvested; or
ii: specified timber products that are or include timber that is not legally harvested; and
d: requires the due diligence system to be assessed by an assessor; and
e: provides for the recognition of assessors and agencies; and
f: enables the Secretary to issue exporter statements and impose export requirements.
2: This section is intended as a guide only.
76: Interpretation
1: In this Part, unless the context otherwise requires,— assessment report section 106 assessor due diligence requirement due diligence system see section 99 export requirement section 114 first processing
a: means—
i: sawing, chipping, pulping, splitting, veneer peeling, or slicing of unprocessed timber; or
ii: the application of any other process specified in regulations; but
b: does not include—
i: removing branches from felled trees; or
ii: cutting trees into log grades or lengths at a harvest site harvest laws of a place or country section 77(3) legal harvest information subsection (2) legal harvest information requirements section 80 legal harvest statement see section 82 recognition
a: of a person as an assessor under section 119 section 121
b: of a person as a recognised agency under section 120
c: of a class of individuals as assessors under section 121 recognised certification scheme section 102 register registered person regulated activity
a: for a responsible person for a harvest of regulated timber, means, in trade, providing any timber resulting from the harvest to another person ( see section 79
b: for a person required to register for legal harvest, means any of the activities specified in section 84(1) regulated timber
a: exotic species of New Zealand timber unless and to the extent that they are excluded by regulations; or
b: indigenous species of New Zealand timber but only to the extent that they are included by regulations responsible person
a: means the owner of the forest or other person with the right to harvest the trees or woody plants; and
b: includes a person acting on their behalf specified timber product Tariff template section 100 or 101 threshold level
a: in relation to the requirement to provide a legal harvest statement, has the meaning given in section 81(3)
b: in relation to the registration requirement for legal harvest, has the meaning given in section 86(5)
2: For the purposes of this Part, legal harvest information
a: for regulated timber that results from the harvest of exotic species of New Zealand timber,—
i: means the legal harvest statement relating to the timber; and
ii: includes any supporting evidence, if that evidence is required by regulations or under the registered person’s due diligence system; and
b: for regulated timber that results from the harvest of indigenous species of New Zealand timber, means the information required by regulations; and
c: for specified timber products, means the information required by regulations.
77: When is timber legally harvested?
1: In this Part, timber is legally harvested
a: has the right to harvest them; and
b: has all necessary legal authority to exercise that right; and
c: does not contravene the harvest laws of the place or country of harvest when carrying out the harvest.
2: If the harvest laws of a place or country are specified by the Secretary in a notice, a person may choose to satisfy the requirement in subsection (1)(c)
3: The harvest laws of a place or country
a: affect how or whether a harvest is to be carried out; and
b: set requirements, conditions, or restrictions relating to—
i: land and resource use; or
ii: property rights or interests in what is harvested; or
iii: property rights or interests in the land where the harvest occurs; or
iv: access to the land where the harvest occurs; or
v: any other matter that the Secretary considers relevant for the purposes of this Part and specifies in a notice.
4: The Secretary may, for the purposes of this Part, specify in a notice what they consider to be the harvest laws of a place or country after being satisfied that the laws specified meet the description in subsection (3)
5: In this section, harvest
6: Section 140 subsection (3)(b)(v) or (4)
7: A notice made under subsection (3)(b)(v) or (4) see 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.
78: How indigenous timber is regulated under this Part
This Part applies to a person who trades in indigenous timber only if—
a: it is regulated timber; or
b: the person has voluntarily complied with the legal harvest system in accordance with section 83
1: Who must comply with legal harvest information requirements
79: Responsible person must comply with legal harvest information requirements
1: A responsible person for the harvest of regulated timber must comply with the legal harvest information requirements when supplying that timber to another person in trade.
2: This section is subject to section 81
80: Legal harvest information requirements
The legal harvest information requirements
a: a responsible person who supplies regulated timber (the supplier recipient
b: the supplier must provide the legal harvest information to the recipient before or when the timber is supplied to the recipient:
c: if the supplier becomes aware that any part of the legal harvest information is false or misleading in any material particular, they must provide the recipient with correct and up-to-date legal harvest information,—
i: if all the timber has not been supplied, before continuing to supply the timber to the recipient; or
ii: if all the timber has been supplied, as soon as is reasonably practicable until trade between the supplier and the recipient is completed for that harvest:
d: the supplier must, in accordance with regulations, keep records of legal harvest information that they have provided under this section.
81: When responsible person not required to comply with legal harvest information requirements
1: A responsible person does not have to comply with section 79(1)
a: they belong to a class of persons specified by regulations as exempt from the legal harvest information requirements; or
b: the timber they supply is of a kind specified in regulations as timber to which section 79(1)
c: the timber is supplied in the circumstances, or for the purposes, specified in regulations; or
d: all their regulated activity qualifies for 1 or more of the activity exceptions.
2: The activity exceptions
a: if the responsible person carried out the activity in the previous full financial year,—
i: their level of activity in that year was less than the threshold level of timber; and
ii: their level of activity in the current financial year does not in fact exceed that threshold level:
b: if the responsible person did not carry out the activity in the previous full financial year, their level of activity in the current financial year is reasonably expected by them not to, and does not in fact, exceed the threshold level of timber.
3: In this section, threshold level
4: Regulations may specify a threshold level by reference to volume, number of units, number of consignments, value, or any other measure.
82: Requirements for legal harvest statement
1: A legal harvest statement
a: must identify the timber to which it relates in accordance with any requirement or criteria in regulations (for example, by referring to location or by species of timber); and
b: must include any information that is required by regulations; and
c: must be made in the form approved by the Secretary.
2: However, a legal harvest statement for regulated timber that results from the harvest of indigenous species of New Zealand timber need not comply with subsection (1)
83: Voluntary compliance with legal harvest information requirements
1: A responsible person who is not required to comply with section 79(1)
2: If the person chooses to comply with section 79(1)
a: they must, in relation to that timber, comply with all of the legal harvest information requirements; and
b: that timber is treated as regulated timber for the purposes of this Part.
2: Who must register for legal harvest
84: Persons must be registered for legal harvest before carrying out certain activities
1: A person must be registered for legal harvest before they carry out any of the following activities:
a: the activity of a log trader described in section 166(1)(a)
b: in trade, the first processing of regulated timber:
c: in trade, importing or exporting a specified timber product for which they are the importer or exporter:
d: any of the above activities as an agent of another person.
2: A person must not falsely hold out that they are, or any other person is,—
a: registered for legal harvest; or
b: not required to be registered for legal harvest.
3: This section is subject to section 86
4: See section 167 Part 6
85: Registration criteria for legal harvest
1: The criteria that must be met (to the satisfaction of the Secretary) in order for a person to be registered for legal harvest are as follows:
a: the person must be a fit and proper person to be registered for legal harvest; and
b: the person must have a due diligence system that complies with section 99
c: the person must meet any other criteria set by regulations.
2: In determining whether a person is a fit and proper person, the Secretary must take into account—
a: the matters set out in regulations; and
b: any other matters that the Secretary considers relevant.
3: See subpart 4
86: Persons not required to be registered for legal harvest
1: A person does not have to register for legal harvest if—
a: the only activity that they carry out relates to indigenous timber that is not regulated timber; or
b: they are within a class of persons who are exempted by regulations from the requirement to be registered; or
c: all their regulated activities fall within 1 or more of the activity exceptions.
2: The activity exceptions Low-level activity
a: if the person carried out the activity in the previous full financial year,—
i: their level of activity in that year was less than the threshold level for regulated timber or specified timber products; and
ii: their level of activity in the current financial year does not in fact exceed that threshold level:
b: if the person did not carry out the activity in the previous full financial year, their level of activity in the current financial year is reasonably expected by them not to, and does not in fact, exceed the threshold level for regulated timber or specified timber products: Exempt activities
c: the activity is the shipping or transporting of regulated timber or specified timber products, or associated logistical activities:
d: the activity is within a class of exempt activities specified by regulations for the purpose of this section.
3: A person who does not have to register for legal harvest may choose to do so.
4: To avoid doubt, a new trader who relies on an exception in subsection (2)(b)
5: In this section, threshold level
6: Regulations may specify a threshold level by reference to volume, number of units, number of consignments, value, or any other measure, and (as applicable) by reference to—
a: any combination of regulated timber; or
b: any combination of specified timber products.
3: Obligations of persons registered for legal harvest
87: Obligations of registered persons
1: A registered person must—
a: have and maintain a due diligence system in accordance with sections 99 and 103
b: act in accordance with their due diligence system whenever they undertake a regulated activity; and
c: have their due diligence system assessed as required by this Part; and
d: not receive regulated timber or specified timber products unless in accordance with section 88
e: comply with any applicable export requirements imposed under section 114
f: adhere to the practice standards for legal harvest (if any); and
g: keep records as required by regulations; and
h: notify the Secretary within 20 working days after any significant change in circumstances; and
i: report to the Secretary as required by regulations; and
j: keep their name and contact details up to date by notifying any change to the Secretary; and
k: comply with any other obligations that apply to persons registered for legal harvest, whether imposed by this Part or by regulations.
2: A registered person must continue to be a fit and proper person to be registered for legal harvest.
3: In this section, significant change of circumstances
a: any matter that may result in a registered person no longer being a fit and proper person to be registered for legal harvest; and
b: the death of the person in control of the registered person, bankruptcy, receivership, voluntary administration, or liquidation.
4: If subsection (3)(b) subsection (1)(h)
88: Registered person must not receive regulated timber or specified timber products unless they receive legal harvest information or exceptions apply
1: Before receiving any regulated timber or specified timber product, a registered person must—
a: receive the legal harvest information from the supplier of the regulated timber or specified timber product; and
b: conduct due diligence (in accordance with their due diligence system) in relation to the regulated timber or specified timber product.
2: However, subsection (1)
a: section 81(1)
b: the regulated timber or timber from which the specified timber product is made—
i: is of a kind specified in regulations as timber to which section 79(1) see section 81(1)(b)
ii: is supplied in the circumstances or for the purposes specified in regulations ( see section 81(1)(c)
89: Registered person must provide legal harvest information if requested by another registered person
A registered person must provide legal harvest information that they hold for regulated timber or a specified timber product to another registered person who requests that information.
90: Registered person must declare continuing compliance with obligations
1: A registered person must provide a declaration to the Secretary that they are continuing to comply with their obligations under section 87
2: The declaration must—
a: be made—
i: annually by the date specified in regulations; and
ii: at any other times as required by or under this Part; and
b: include any other information required by regulations; and
c: be made in the form approved by the Secretary; and
d: be accompanied by payment of any fee specified in regulations.
3: The Secretary may grant a person an extension of up to 20 working days to make their declaration if the Secretary is satisfied that the person is, for reasons outside their control, unable to provide the declaration by the due date.
4: The Secretary may require the person to provide any evidence that the Secretary requires to verify information given in a declaration.
4: Application process to be registered for legal harvest
91: Application to be registered for legal harvest
1: An application for registration for legal harvest must—
a: be made to the Secretary in the form approved by the Secretary; and
b: identify the activity to which the registration relates (including any activity that qualifies for an exemption under section 86
c: be accompanied by—
i: details of the applicant’s due diligence system; and
ii: if the due diligence system is not based on a template, an assessment report on the due diligence system; and
d: include the information specified by regulations; and
e: be accompanied by payment of any fee specified in regulations.
2: A person must not provide false or misleading information in or with the application.
92: Decision on application for registration
1: This section applies if the Secretary receives an application for registration that is made in accordance with section 91
2: If the Secretary is satisfied that the applicant meets the registration criteria in section 85
a: register the applicant; and
b: notify the applicant of the date from which the registration has effect.
3: The Secretary—
a: may ask the applicant to provide any other information that the Secretary needs to decide whether the applicant meets the registration criteria; and
b: if the applicant does not provide the requested information within 6 months after being asked for it, may decline the application for that reason.
4: If the Secretary declines the application, the Secretary must notify the applicant of—
a: the decision; and
b: the reasons for the decision; and
c: the right of review under section 148
93: Registration of branches and divisions for legal harvest
1: This section applies if—
a: a person meets the registration criteria for legal harvest; and
b: the person carries out a regulated activity in branches or divisions.
2: The person (the parent entity
3: For the purpose of section 92
a: the parent entity has a separate registration; and
b: the branch or division—
i: carries out a regulated activity; and
ii: can be separately identified by reference to its location or the nature of the activities it carries out; and
iii: can independently comply with the obligations of a registered person.
4: If the Secretary registers a branch or division for legal harvest, this Part applies as if any regulated activity for legal harvest that is carried out by the branch or division were not carried out by the parent entity.
5: However, if the branch or division fails to comply with the obligations of a registered person, any liability or consequence that results from the failure reverts to the parent entity if it cannot be applied to, or is not satisfied by, the branch or division.
94: Conditions of registration
1: The Secretary may, subject to subsection (2)
a: impose conditions on the registration of a person for legal harvest; and
b: at any time, modify the conditions.
2: The Secretary—
a: may impose conditions if satisfied that the registered person has failed to comply with any of their obligations under section 87
b: may impose only the conditions that the Secretary considers necessary or desirable for the purposes of this Part, and that are reasonable.
3: If the Secretary decides to impose or modify a condition, the Secretary must give the registered person notice of—
a: the decision; and
b: the reasons for the decision; and
c: the right of review under section 148
4: A new or modified condition has effect on and from the date specified in the notice or, if no date is specified, the date of the notice.
5: Regulations may impose restrictions on the conditions that may be imposed under this section or on how they may be imposed or modified.
5: Suspension and revocation of registration for legal harvest
95: Suspension of registration
The Secretary may suspend a person’s registration for legal harvest if the Secretary is satisfied that—
a: the person has contravened their obligations under this Part in a way that is more than minor or inconsequential; or
b: the person is no longer carrying out the activity for which they were registered.
96: Process for suspension
1: Before suspending a person’s registration for legal harvest, the Secretary must—
a: give the person notice of the Secretary’s intention to suspend registration and the reasons for the decision; and
b: invite the person to provide information to satisfy the Secretary that the decision is inappropriate; and
c: give the person a reasonable opportunity to respond.
2: After completing the steps in subsection (1)
a: include the reasons for the decision; and
b: in the case of a suspension,—
i: specify the dates of the period of suspension; and
ii: specify any conditions imposed under this section; and
c: inform the person of the right of review under section 148
3: A suspension takes effect on the date on which the person is given notice under subsection (2)
4: The suspension ceases on the expiry of the period specified in the notice unless—
a: the person has exhausted their right of review in respect of the decision to suspend registration (after which registration is revoked under section 98
b: the Secretary notifies the person that the suspension is lifted on an earlier date.
5: The Secretary may lift the suspension on an earlier date than that specified in the notice if the Secretary is satisfied that the reasons for the suspension no longer apply.
6: The Secretary may impose conditions that apply for the duration of the suspension, but the Secretary must be satisfied that the conditions are—
a: necessary or desirable for the purposes of this Part; and
b: reasonable.
7: A person whose registration is being suspended must, for the duration of the suspension, comply with any conditions imposed under this section.
97: Effect of suspension
As long as a person’s registration for legal harvest is suspended,—
a: the person must be treated as not being registered for legal harvest, subject to any conditions imposed under section 94(1)
b: if the person is registered as a log trader in relation to a regulated activity for which they are also registered for legal harvest, they must be treated as not being registered as a log trader in relation to that activity.
98: Revocation of registration for legal harvest
1: The Secretary must revoke a person’s registration for legal harvest—
a: if registration is suspended under section 95 section 148
b: at the request of the registered person.
2: If a person’s registration for legal harvest is suspended, the Secretary may revoke their registration if the Secretary is satisfied that—
a: the person has failed within a reasonable time to take appropriate corrective action to remedy the deficiency or failure that resulted in the suspension; and
b: the person has not sought a review of the decision to suspend registration.
3: The revocation has effect on the date on which it is notified to the registered person, or a later date specified by the Secretary and notified to the registered person.
6: Due diligence systems
Registered person must have due diligence system
99: Obligations of registered person in relation to due diligence system for legal harvest
1: A registered person must—
a: have a due diligence system for legal harvest; and
b: act in accordance with their due diligence system whenever they undertake a regulated activity.
2: The due diligence system must effectively eliminate or minimise the risk of the person doing either of the following:
a: dealing in any timber that—
i: results from the harvest of regulated timber; and
ii: is not legally harvested:
b: importing or exporting any specified timber products that are, or include timber that is, not legally harvested.
3: The due diligence system must comply with—
a: any requirements set by regulations; and
b: any practice standards for legal harvest.
4: Regulations may set any requirements that are relevant to eliminating or minimising the risks described in subsection (2)
a: when supporting evidence is required:
b: information that a registered person must collect:
c: how to assess the completeness, accuracy, or reliability of the information collected:
d: how to eliminate or mitigate a risk:
e: how a recognised certification scheme, or a certification given under it, may be used in a due diligence system:
f: other methods to satisfy a due diligence requirement:
g: keeping records.
5: Without limiting subsection (4)(b)
a: the kind, origin, and details of the regulated timber or specified product; and
b: evidence of any contravention of any harvest laws of the place or country of harvest ( see section 77(1)(c)
6: The due diligence system may be based on a template. Approval of due diligence system templates
100: Secretary may approve due diligence system template
1: The Secretary may, by notice, approve a template for a due diligence system developed by the Secretary.
2: The template may include, or be accompanied by, guidance on the extent to which a due diligence system must be consistent with the template for the Secretary to treat it as based on a template for the purposes of this Part.
3: Before approving a template, the Secretary must consult the persons or organisations that the Secretary considers representative of the interests of persons likely to be substantially affected by the approval of the template.
4: The Secretary must not approve the template unless satisfied that the template complies with any requirements set in regulations.
5: As soon as practicable after the Secretary approves a template, the Secretary must—
a: publish the approval notice, or notify its making, in the Gazette
b: publish the approval notice on an Internet site maintained by or on behalf of the Ministry; and
c: make a copy of the template available, free of charge, on an Internet site or for public inspection at reasonable hours at the head office of the Ministry; and
d: take reasonable steps to bring the approved template to the attention of persons likely to be substantially affected by it; and
e: on request, supply a copy of the template, free of charge, to any person who cannot access it on the Internet site.
6: Regulations may set requirements that a template must comply with, including requiring the template to provide for the matters set out in section 99
101: Secretary may approve due diligence system template developed by third party
1: The Secretary may, by notice, approve a template for a due diligence system developed by a person other than the Secretary.
2: The template may include, or be accompanied by, guidance on the extent to which a due diligence system must be consistent with the template for the Secretary to treat it as based on a template for the purposes of this Part.
3: The Secretary must not approve the template unless satisfied that the template complies with any requirements set in regulations.
4: The Secretary may require payment of a fee or charge specified by regulations before approving the template.
5: The Secretary may approve the template—
a: subject to any conditions specified by the Secretary in the notice; and
b: for a period (if any) specified by the Secretary in the notice.
6: Regulations may set requirements that a template must comply with, including requiring the template to provide for the matters set out in section 99 Recognition of certification scheme
102: Recognised certification schemes
1: The Secretary may, by notice, recognise a certification scheme as one that may be used in a due diligence system.
2: The Secretary may give a notice under this section only if they are satisfied that—
a: the requirements of the scheme are sufficient, in terms of eliminating or minimising the risk of dealing in timber that is not legally harvested, to justify it being used in a due diligence system; and
b: the scheme satisfies any other criteria set by regulations.
3: The Secretary must—
a: publish the notice on an Internet site maintained by or on behalf of the Ministry; and
b: where practicable, cause the details of the recognition to be brought to the attention of persons likely to be affected by the certification scheme by notice or publication in any newspaper or trade journal, or by any other practicable means (including electronic means).
4: A notice given under this section has effect on and from the date on which it is published.
5: The Secretary must maintain a publicly available list of recognised certification schemes. Due diligence system must be kept up to date
103: Requirement to keep due diligence system up to date
1: If any change, event, or other matter occurs that increases, or will increase, the risks described in section 99(2)
a: amend their due diligence system as necessary to comply with that section; and
b: notify the Secretary.
2: The person must take the steps set out in subsection (1)
3: The person must otherwise make any amendments to the system that are necessary to keep it up to date. Assessment of due diligence system
104: Purpose of assessment of due diligence system
The purpose of an assessment of a person’s due diligence system is to assess—
a: the extent to which the system complies with the requirements of section 99
b: the extent to which the person has acted, is acting, or is able to act in accordance with their system when they undertake a regulated activity.
105: When due diligence system must be assessed
1: A person who wishes to be registered for legal harvest must, unless their due diligence system is based on a template, have their due diligence system assessed within the period of 6 months before the date on which they apply to be registered.
2: A registered person must have their system assessed—
a: at regular intervals based on the level of risk as required by section 99(2)
b: whenever required to do so by an export requirement; and
c: when directed by the Secretary if—
i: the Secretary has reasonable grounds to believe the person has failed to comply, or is likely to fail to comply, with an obligation under this Part; or
ii: the Secretary is notified under section 103(1)
3: Subsection (2
106: How assessment of due diligence system must be carried out
1: A person may apply for an assessment of their due diligence system to an assessor of their choice.
2: The person must give the assessor—
a: access to places, things, and information that the assessor reasonably needs to undertake the assessment; and
b: any reasonable assistance that the assessor asks for to undertake the assessment.
3: The assessor must undertake the assessment as soon as practicable after they receive the details of the due diligence system.
4: The assessor must, in accordance with the requirements set in regulations and practice standards for legal harvest,—
a: complete the assessment; and
b: provide the person whose due diligence system is being assessed with—
i: a draft assessment report; and
ii: a reasonable amount of time to respond to the recommendations in the draft report, including by carrying out any recommended corrective action; and
c: produce a final assessment report; and
d: notify the outcome to the Secretary.
107: Assessment fees and charges
A person who applies for an assessment of their due diligence system is liable for,—
a: if the assessor is an employee of the Ministry or any other department, the application fee and assessment charge that are specified by regulations; and
b: if the assessor is not an employee of the Ministry or any other department, the fees and charges set by the assessor.
7: Exporter statements and requirements
Exporter statements
108: Secretary may issue exporter statement
1: The Secretary may issue a statement for the purpose of—
a: facilitating trade in legally harvested timber; and
b: facilitating trade in products wholly or partly made from legally harvested timber; and
c: supporting access to overseas markets of specified timber products.
2: A person must not falsely hold out—
a: that they have an exporter statement; or
b: that their statement is valid after it has expired or been withdrawn.
3: A person must not use an exporter statement in a false and misleading way in relation to the timber or products that they export.
109: Form and content of exporter statement
1: An exporter statement—
a: must state that the person exporting the specified timber product—
i: is registered for legal harvest; and
ii: is complying with their obligations as a registered person under this Part; and
b: must state that the exporter is complying with any export requirements specified under section 114
c: may contain any other information that the Secretary considers necessary and appropriate to support the registered person’s access to a particular export market.
2: An exporter statement must—
a: state the period for which it is valid, in accordance with section 110
b: state that it may become invalid before the expiry of that period for the reasons set out in section 112
110: Duration of exporter statement
1: An exporter statement is valid for—
a: the period of 12 months that begins on the day on which it is issued; or
b: the period specified in the statement.
2: However, an exporter statement becomes invalid before the expiry of that period if it is withdrawn by the Secretary.
111: Application for exporter statement
1: A person may apply to the Secretary for an exporter statement at any time.
2: An application must—
a: specify the countries to which the specified timber product is intended for export; and
b: include a statement from the applicant that they are complying with all applicable export requirements; and
c: include information specified in regulations; and
d: be in the form approved by the Secretary; and
e: be accompanied by payment of any fee specified in regulations.
112: Secretary may withdraw exporter statement
The Secretary may withdraw an exporter statement at any time if the Secretary is satisfied that—
a: the statement was inappropriately or incorrectly issued; or
b: the statement is not or is no longer true.
113: Limitation of liability
The Crown is not liable, and neither the Secretary nor any employee of the Ministry is liable, for any loss resulting from a refusal or failure by a relevant authority of an overseas market to admit specified timber products to that market. Export requirements
114: Export requirements
1: The Secretary may, by notice,—
a: impose export requirements set by the New Zealand Government relating to specified timber products; and
b: impose export requirements set by an overseas market relating to specified timber products; and
c: specify how and when the export requirements may or must be met; and
d: specify who is responsible for ensuring the export requirements are met; and
e: specify matters that must be recorded, including how they must be recorded.
2: The Secretary must be satisfied, before imposing export requirements, that—
a: the requirements directly relate to ensuring that a specified timber product is, or is made of, timber that is legally harvested; and
b: the requirements are—
i: necessary or desirable for the purpose of facilitating or supporting access to overseas markets; or
ii: in accordance with the requirements of the relevant authority of the importing country, or can reasonably be expected to satisfy the requirements of the relevant authority of the importing country; or
iii: necessary or desirable to safeguard statements provided by the Secretary relating to a person’s compliance with the legal harvest obligations; or
iv: necessary or desirable to safeguard or strengthen New Zealand’s reputation as a producer of legally harvested timber.
3: An export requirement may relate to—
a: all or any classes or descriptions of specified timber products intended for export; or
b: all or any classes of person.
4: The Secretary may, in the notice, specify requirements that the Secretary is satisfied are necessary or desirable for the purpose of maintaining consistency with any standards, requirements, or recommended practices that apply or are accepted internationally.
5: Before imposing an export requirement under subsection (1) subsection (1)(b)
6: A notice made under this section is secondary legislation ( see 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.
115: Publication, etc, of notices specifying export requirements
1: A notice made under section 114 see section 114(6)
2: However, if, under the Legislation Act 2019, the notice is not required to be published, the Secretary—
a: must make it available for inspection free of charge, or for purchase at reasonable cost, to any exporters and other persons who—
i: are affected by the requirements in the notice; and
ii: satisfy the Secretary that their specific activities cannot be properly undertaken under this Act unless they have that access; and
b: is not required to make it available to any other person.
116: Secretary may grant exemption from export requirement
1: The Secretary may, by notice, grant an exemption from any export requirement to—
a: all or any classes of specified timber products intended for export from New Zealand; or
b: a specified person or all or any classes of person.
2: The Secretary may grant an exemption under subsection (1)(a)
a: the specified timber product to which the export requirement applies is to be used—
i: for product assurance or research purposes:
ii: as trade samples or for the assessment or development of any overseas market:
iii: for personal or non-commercial purposes; or
b: the exemption is authorised by regulations.
3: The Secretary may grant an exemption under subsection (1)(b)
a: the person or class of person is using the specified timber product for any purpose specified in subsection (2)(a)(i) to (iii)
b: the exemption is authorised by regulations.
4: Notices made under this section are secondary legislation ( see 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.
8: Assessors and recognised agencies
117: Duties of assessors and recognised agencies
1: An assessor must, when acting as an assessor under this Part, ensure that they—
a: maintain any applicable competency requirements set in regulations; and
b: maintain an appropriate degree of impartiality and independence; and
c: maintain appropriate confidentiality (particularly in respect of commercially sensitive matters) relating to operations and activities the assessor comes into contact with in the course of assessing due diligence systems (except to the extent that the assessor is required to report under paragraph (d)
d: report to the Secretary as required by this Part or regulations; and
e: comply with all conditions of their recognition; and
f: comply with any other requirements set by this Part or regulations.
2: A recognised agency must—
a: ensure that each of its recognised assessors is a fit and proper person; and
b: ensure it has adequate resources and systems in place to carry out its functions and activities; and
c: have documented policies and procedures to safeguard the confidentiality of the information obtained or created while carrying out those functions and activities; and
d: have systems, processes, and procedures to manage appropriately any conflict of interest that might arise while carrying out those functions and activities; and
e: comply with all conditions of its recognition; and
f: comply with any other requirements set by this Part or regulations.
3: An assessor who is not engaged by a recognised agency must comply with subsections (1) and (2)
118: Immunity from liability for assessors outside public service
If an assessor is a person outside the public service, section 104 of the Public Service Act 2020 applies to them, when acting as an assessor under this Part, as if they were a public service employee.
119: Recognition of assessors
1: The Secretary may recognise a natural person as an assessor for the purposes of this Part if the Secretary is satisfied that the person is a fit and proper person to be an assessor.
2: In considering whether the person is a fit and proper person, the Secretary—
a: must take into account—
i: the competencies and resources of the person to manage and carry out the functions of an assessor; and
ii: any conviction of a kind specified in regulations that is entered against the person; and
iii: the person’s character and reputation; and
iv: the person’s ability to maintain an appropriate degree of impartiality and independence in managing and carrying out the functions of an assessor under this Part; and
v: any applicable requirements set by this Part or regulations; and
b: must be satisfied that the person’s system for undertaking assessments is fit for purpose; and
c: may take into account any other matters that the Secretary considers relevant.
3: The Secretary may recognise a person as an assessor on the application of a person under section 122 section 124
120: Recognition of agencies
1: The Secretary may recognise a person as a recognised agency for the purposes of this Part.
2: The function of a recognised agency is to operate and manage systems under which assessors (engaged by the agency) are able to carry out their functions under this Part.
3: Before recognising a person as a recognised agency, the Secretary must be satisfied that—
a: the person’s system for undertaking assessments under this Part is fit for purpose; and
b: the person is a fit and proper person to be a recognised agency after taking into account—
i: the competencies and resources of the person to manage and carry out the function of a recognised agency; and
ii: any specified conviction entered against the person or any director or manager of the person; and
iii: the person’s character and reputation, including, if appropriate, the character and reputation of the person’s directors or of those responsible for its management or control; and
iv: any applicable requirements set by this Part or regulations; and
c: the person has effective systems to ensure, in accordance with section 119(2)
4: The Secretary may recognise a person as a recognised agency on the application of a person under section 122 section 124
121: Recognition of class of individuals
1: The Secretary may recognise a class of individuals as assessors for the purposes of this Part—
a: on the application of a recognised agency; or
b: on the application of a person who is also applying to the Secretary for recognition as a recognised agency; or
c: on the application of a class of individuals.
2: Before recognising a class of individuals as assessors under subsection (1)(a) or (b)
a: those individuals are engaged by the applicant; and
b: the applicant has the systems and capacity to ensure that each of those individuals is a fit and proper person in accordance with section 119(2)
c: the applicant complies with the requirements of section 120(3)(a) and (b)
3: Before recognising a class of individuals as assessors under subsection (1)(c)
a: whether the individuals within the class have the competencies, training, qualifications, and experience suitable for undertaking assessments; and
b: any other criteria specified in regulations.
4: If the Secretary recognises a class of individuals as assessors under subsection (1)(c)
5: The application must comply with any requirements set in regulations.
122: Application for recognition
1: An application for recognition must—
a: be made to the Secretary in the form approved by the Secretary; and
b: include any information required by regulations; and
c: be accompanied by payment of any fee specified in regulations.
2: A person must not provide false or misleading information in the application.
123: Process for deciding application for recognition
1: If the Secretary receives an application for recognition, the Secretary must—
a: decide, in accordance with section 119, 120, or 121
b: notify the applicant of that decision, including (if applicable) the date of recognition, any conditions of recognition, and the matters referred to in section 126(2)
c: make any necessary changes to the register of assessors and recognised agencies.
2: If the Secretary intends to decline an application for recognition, the Secretary must first—
a: notify the applicant of the Secretary’s intention to decline recognition and include reasons; and
b: invite the applicant to provide information, within 20 working days after the date of the notification, to satisfy the Secretary that a decision to decline recognition is inappropriate; and
c: consider any further information provided by the applicant.
124: Recognition of certain assessors or agencies without application
1: The Secretary may, without receiving an application under section 122
a: the Ministry or any group within the Ministry as a recognised agency; and
b: any officer or employee of any department within the meaning of section 5 of the Public Service Act 2020 as an assessor.
2: The Secretary must—
a: give the Ministry, department, or person written notice of the recognition; and
b: give notice to the affected group of the recognition in any manner that the Secretary is reasonably satisfied will ensure that the matter is sufficiently notified to the group; and
c: include in the notice the date of recognition, any conditions of recognition, and the matters referred to in section 126(2)
3: The Secretary must also make any necessary changes to the register of assessors and recognised agencies.
125: Secretary may impose conditions of recognition
1: The Secretary may impose on a recognition any conditions that the Secretary thinks fit.
2: The Secretary may modify those conditions if the Secretary—
a: gives the assessor or agency written notice of the modifications and include reasons; and
b: provides the assessor or agency with a reasonable opportunity to respond; and
c: considers their responses (if any) before giving final notice of the decision.
3: However, if an assessor is recognised under section 124
a: may modify the conditions without completing the steps in subsection (2)
b: must ensure the assessor is sufficiently notified of any modifications.
126: Duration of recognition and renewal
1: A recognition continues indefinitely unless the Secretary decides to limit the recognition to a period.
2: If the Secretary decides to limit a recognition to a period, the Secretary must—
a: specify the period in the notice given under section 123 or 124
b: include reasons for the decision.
3: If a recognition is for a specified period,—
a: a person may apply to the Secretary for a renewal of the recognition, no later than 1 month before the specified period ends; or
b: the Secretary may renew the recognition without application.
4: In deciding whether to renew a recognition, the Secretary must be satisfied that,—
a: either—
i: the circumstances of the recognised agency, person, or class of individuals have not changed; or
ii: any changes in those circumstances do not adversely affect the current recognition; and
b: the reasons why the Secretary recognised the recognised agency, person, or class of individuals still apply; and
c: the recognised agency or person has, or a sufficient proportion of the members of the recognised class of individuals have, complied with the conditions of their recognition and the requirements of this Part during the period of recognition.
5: Sections 122, 123, and 125 Suspension of recognition
127: Secretary may suspend recognition
1: The Secretary may suspend a recognition if the Secretary has reasonable grounds to believe that—
a: the person is no longer meeting the criteria for recognition; or
b: the person’s performance as an assessor or agency is unsatisfactory; or
c: the person has failed to satisfy a requirement of this Part or regulations; or
d: the person has failed to pay an ongoing recognition fee, charge, or levy within the period of 30 days after the date on which it was due and payable.
2: However, the Secretary must not suspend recognition of a class of individuals unless the Secretary has reasonable grounds to believe that the conduct described in subsection (1)(b), (c), or (d)
3: To avoid doubt, an assessor who belongs to a recognised class of individuals may have their recognition suspended under subsection (1)
4: The maximum period of suspension is 3 months.
5: The Secretary may do either or both of the following:
a: impose conditions that must be satisfied before the suspension is lifted:
b: require a suspended person to take appropriate corrective action to remedy the deficiency or failure that resulted in the suspension.
128: Secretary may extend suspension of assessor or agency recognition
1: The Secretary may extend the period of suspension under section 127
a: any conditions imposed under that section have not been satisfied within the suspension period; or
b: any corrective actions required under that section have not been fulfilled within the suspension period.
2: The Secretary may, in addition to any conditions or requirements imposed under section 127
a: impose conditions that must be satisfied before the extended period of suspension is lifted:
b: require a suspended person to take appropriate corrective action to remedy the deficiency or failure that resulted in the suspension.
129: Method of suspending recognition
1: If the Secretary intends to suspend a recognition, the Secretary must first—
a: give the affected person 15 working days’ notice of the Secretary’s intention to suspend recognition and include reasons; and
b: in the notice, invite the affected person to provide information to satisfy the Secretary that a decision to suspend is inappropriate.
2: If the Secretary decides to suspend recognition, the Secretary must notify the affected person in writing of—
a: the decision and the date from which the suspension takes effect; and
b: the right of review available under section 148
3: The suspension continues until the start of—
a: the date on which the affected person has exhausted their right of review under section 148 section 130
b: any earlier date on which the Secretary notifies the affected person that the suspension is lifted.
4: The Secretary may lift the suspension if the Secretary is satisfied that the reasons for the suspension no longer apply.
5: While recognition is suspended,—
a: if the affected person is an assessor (recognised under section 119 section 121
b: if the affected person is a recognised class of individuals, they must be treated as not being a recognised class of individuals under this Part; or
c: if the affected person is an agency, they must be treated as not being a recognised agency under this Part.
6: In this section,— affected person suspension Withdrawal of recognition
130: Secretary may withdraw recognition
1: The Secretary may withdraw a recognition if the Secretary has reasonable grounds to believe that—
a: it would be appropriate to suspend recognition, or extend a suspension, but repeated suspensions in the past have been ineffective; or
b: recognition has been suspended and the person has exhausted their right of review under section 148(1)(d)
c: the person or agency is no longer a fit and proper person to be an assessor or a recognised agency; or
d: the person or agency is no longer carrying out their role as an assessor or recognised agency.
2: If recognition is suspended, the Secretary may withdraw recognition if the Secretary is satisfied that—
a: the person has failed within a reasonable time to take appropriate corrective action to remedy the deficiency or failure that resulted in the suspension; and
b: the person has not sought a review of the decision to suspend.
131: Method of withdrawing recognition
1: Before the Secretary withdraws a recognition, the Secretary must—
a: notify the person or agency of the Secretary’s intention to withdraw recognition and include reasons; and
b: invite the person or agency to provide information, within 20 working days after the date of the notification, to satisfy the Secretary that a decision to withdraw recognition is inappropriate; and
c: consider any further information provided by the person or agency.
2: If the Secretary withdraws recognition, they must notify the person or agency that recognition has been withdrawn.
3: If withdrawal of recognition relates to 1 or more individuals belonging to a class recognised under section 121 Surrender of recognition
132: Surrender of recognition
1: An assessor or a recognised agency may by written notice,—
a: surrender their recognition to the Secretary; and
b: specify a future date on which the surrender is to take effect (the proposed date
2: Before the proposed date, the assessor or agency must notify any registered person with whom they are dealing immediately before the surrender that their recognition is surrendered.
3: A surrender takes effect on the later of—
a: the proposed date; and
b: the date on which the Secretary records the surrender in the register of assessors and recognised agencies.
9: Registers
133: Legal harvest register
1: The Secretary must ensure that a public register of persons registered for legal harvest is kept and maintained.
2: The purpose of the register is—
a: to enable members of the public to know whether a person is a registered person; and
b: to enable members of the public to know how to contact a registered person; and
c: to assist with the enforcement of the provisions of this Part.
3: The register must include, in relation to each registered person,—
a: the person’s name or trading name and contact details; and
b: the date on which the person was registered; and
c: if the person holds an exporter statement,—
i: any information specified in regulations relating to the exporter statement; and
ii: the history of any previous exporter statements; and
d: details (including dates) of any suspension or withdrawal of registration; and
e: the name or designation of the person who is responsible for the day-to-day management of the business; and
f: any other information required by regulations.
134: Register of assessors and recognised agencies
1: The Secretary must ensure that a public register of persons recognised as assessors and recognised agencies is kept and maintained.
2: The purpose of the register is—
a: to enable members of the public to know whether a person is an assessor or whether an agency is a recognised agency; and
b: to enable members of the public to know how to contact the assessor or recognised agency; and
c: to assist with the enforcement of the provisions of this Part.
3: The register must include, in relation to each assessor,—
a: the person’s name or trading name and contact details and, if they are engaged by a recognised agency, the agency’s trading name and contact details; and
b: the date on which the person became recognised as an assessor; and
c: details of any suspension, withdrawal, or surrender of recognition; and
d: any other information required by regulations.
4: The register must include the information described in subsection (3)
135: Secretary to determine form of registers and make registers available to public
The Secretary must—
a: determine the form in which each register is to be kept; and
b: make each register 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 Secretary; and
c: supply a copy of information contained in the register to anyone who requests it, at no more than a reasonable cost.
136: Person may apply to have certain information withheld from register
1: A person (the first person withheld information
a: its disclosure would be prejudicial to their personal safety or their family's; or
b: they want to preserve their privacy.
2: The Secretary must ensure that the withheld information is not available for inspection or disclosure, if satisfied that—
a: the grounds relating to personal safety apply; or
b: the grounds relating to privacy apply.
3: Despite subsection (2) other person
a: the Secretary is satisfied that the other person needs the address to exercise a legal right, or satisfy a legal obligation, in relation to the first person (for example, to serve notice on them); and
b: before providing the information, the Secretary gives notice to the first person specifying—
i: the name of the other person to whom it will be provided; and
ii: the date on which it will be provided.
137: Person must notify Secretary of changes to their information on register
1: A person whose details are entered on a register must notify the Secretary of any change in those details.
2: The person must notify the Secretary in writing within 20 working days after the date on which the change occurs.
10: Compliance, enforcement, and powers of Secretary
138: Overview of this subpart
1: This subpart provides for—
a: the Secretary’s powers to give directions relating to functions, duties, and powers of specified persons, to notify the harvest laws of a place or country, and to obtain information; and
b: an officer’s powers to enter and inspect a place with or without a search warrant; and
c: warning notices to be issued by an officer to a person registered for legal harvest who the officer reasonably believes is failing to comply with a requirement under this Part; and
d: compliance notices to be issued to that person if they do not comply with that requirement after being issued a warning notice; and
e: offences relating to the supply of false or misleading information; and
f: strict liability offences for failure to comply with specified sections of this Part.
2: This section is intended as a guide only. Secretary’s powers
139: Secretary may give directions on functions, duties, or powers
1: The Secretary may give a direction to the following persons in relation to their functions, duties, or powers under this Part:
a: a recognised agency:
b: an assessor:
c: an officer.
2: A direction may apply to a person or class of persons.
140: Publication of notices relating to harvest laws
1: This section applies to a notice made under section 77(3)(b)(v) or (4)
2: After making the notice, the Secretary must—
a: publish the notice, or notify its making, in the Gazette
b: publish the notice on an Internet site maintained by or on behalf of the Ministry; and
c: make a copy of the notice available, free of charge, on an Internet site or for public inspection at reasonable hours at the head office of the Ministry; and
d: take reasonable steps to bring the notice to the attention of persons likely to be substantially affected by it; and
e: on request, supply a copy of the notice, free of charge, to any person who cannot access it on the Internet site.
141: Secretary's power to obtain information
1: The Secretary may, by notice to any person or class of persons who has obligations under this Part, require that person—
a: to provide the Secretary with the information or class of information specified in the notice; and
b: to provide the information within a specified time frame or at regular intervals specified in the notice.
2: Before issuing a notice, the Secretary must be satisfied that the information is required for any 1 of the following purposes:
a: to verify whether the person is a fit and proper person—
i: to be registered for legal harvest; or
ii: to be an assessor or a recognised agency; or
b: to verify whether the person is complying with their obligations under this Part; or
c: to verify information provided to the Secretary by the person; or
d: to gather statistical information for the purpose of this Part, which may include,—
i: understanding the forestry supply chain; or
ii: monitoring and evaluating the effectiveness of the legal harvest system; or
iii: providing more certainty and transparency for suppliers in the forestry supply chain.
3: The person must provide the information—
a: in a form specified by the Secretary; and
b: within a reasonable time.
4: The Secretary may use the information only for purposes related to those specified in subsection (2)
5: See Enforcement powers
142: Power of warrantless entry and inspection for purpose of enforcing this Part
1: An officer may exercise their powers under this section for the purpose of determining whether a person is complying with a provision of this Part or any secondary legislation or notices made under this Part.
2: An officer may enter and inspect a place (except for a dwelling house or marae) described in subsection (3)
3: The places are the following:
a: a place where a responsible person, a person registered for legal harvest, a recognised agency, or an assessor operates:
b: any land, premises, vehicle, conveyance, ship, aircraft, railway, railcar, or bulk cargo container, or other area or thing where the officer reasonably believes any of the following will be found:
i: regulated timber:
ii: specified timber products:
iii: documents, records, or other information that relate to carrying out a regulated activity.
4: An officer may be accompanied by any person reasonably necessary to help the officer carry out their functions.
5: See
143: Entry and inspection under search warrant for the purpose of enforcing this Part
1: An officer may exercise their powers under this section for the purpose of determining whether a person is complying with a provision of this Part or any secondary legislation or notices made under this Part.
2: An officer may, in accordance with the conditions of a search warrant issued in accordance with section 71B,—
a: enter a place (including a dwelling house or a marae) described in section 142
b: search and examine the place; and
c: take any samples and seize any documents, records, or information; and
d: seize any thing in order to access those documents, records, or information.
3: An officer may be accompanied by any person reasonably necessary to help the officer carry out their functions.
4: Part 4 of the Search and Surveillance Act 2012 (other than subparts 2, 3, and 8 and sections 118 and 119) applies to anything done under this section.
5: Any exercise of the power of entry or inspection at a marae or a building associated with a marae must take account of the kawa of the marae so far as practicable in the circumstances.
144: Matters may be continued by different officer
1: An action initiated or taken under this Part by an officer may be continued by another officer.
2: If an officer has issued a warning or compliance notice or an infringement offence notice under this Part, another officer may—
a: take further steps on or in relation to the notice; or
b: vary, revoke, or withdraw the notice.
145: Officer may issue warning and compliance notice to person registered for legal harvest
1: If an officer reasonably believes that a person registered for legal harvest is failing, or has failed, to comply with a requirement imposed by or under this Part (a requirement
a: the officer may issue a warning notice to the person; and
b: if the person fails to comply with the requirement despite the warning, the officer may issue a compliance notice to the person.
2: A warning notice must—
a: state the requirement; and
b: include guidance to help the person to comply with the requirement and include any other information that the Secretary considers appropriate; and
c: state that failure to comply with the requirement may result in the issuing of a compliance notice; and
d: state the person’s right, under section 148
3: A compliance notice must state—
a: the requirement; and
b: why the officer reasonably believes the person is failing, or has failed to comply with the requirement; and
c: the nature and extent of the failure to comply with the requirement; and
d: the date by which the person must comply with the requirement (the compliance date
e: that failing to comply with the compliance notice may result in 1 or more of the following:
i: an infringement notice being issued:
ii: conditions being imposed on the person’s registration:
iii: suspension of registration:
iv: prosecution; and
f: the person’s right, under section 148
4: An officer may withdraw a compliance notice by written notice, but may issue a new compliance notice if subsection (1)
5: The person must comply with the compliance notice, subject to subsection (6)
6: The compliance date may be extended by the officer at the person’s request. Offences and penalties
146: Offence to provide false or misleading information
1: A person commits an offence if the person, for the purpose of any application, statement, declaration, report, evidence, or other information required or supplied under this Part,—
a: supplies to a person any false or misleading information, knowing it to be false or misleading; or
b: supplies to a person any false or misleading information.
2: A person commits an offence if the person aids or conspires with another person to commit an offence against subsection (1)(a) or (b)
3: It is a defence to a charge under subsection (1)(b)
a: did not know they were providing false or misleading information; and
b: took reasonable precautions and exercised due diligence to ensure that the information provided was not false or misleading.
4: However, the defence in subsection (3)
a: the defendant notifies the prosecutor in writing, at least 15 working days before the hearing date, that they intend to rely on the defence; or
b: the court gives leave for the defendant to rely on the defence.
5: A person who commits an offence against subsection (1)(a) or (2)
a: if the person is an individual, to a fine not exceeding $200,000; and
b: in any other case, to a fine not exceeding $600,000.
6: A person who commits an offence against subsection (1)(b)
a: if the person is an individual, to a fine not exceeding $100,000; and
b: in any other case, to a fine not exceeding $200,000.
147: Strict liability offences relating to legal harvest
1: A person commits an offence if—
a: they fail to comply with the legal harvest information requirements when required to do so by section 79
b: they fail to comply with section 84(1)
c: they fail to comply with section 84(2)
d: they fail to comply with any of their obligations in section 87(1)(f) to (k)
e: they receive regulated timber or specified timber products in contravention of section 88(1)
f: they fail to have a due diligence system for legal harvest as required by section 99(1)(a)
g: they fail to act in accordance with their due diligence system whenever they undertake a regulated activity as required by section 99(1)(b)
h: they fail to keep their due diligence system up to date as required by section 103
i: they fail to have their due diligence system assessed as required by section 105
j: they fail to comply with section 108(2)
k: they fail to comply with section 108(3)
l: they are required by a notice issued under section 141
2: It is a defence to a charge under subsection (1)
a: the commission of the offence was due to—
i: the act or omission of another person; or
ii: an accident; or
iii: some other cause or circumstances outside the defendant’s control; and
b: the defendant took reasonable precautions and exercised due diligence to avoid the commission of the offence or offences of the same kind.
3: However, the defence in subsection (2)
a: the defendant notifies the prosecutor in writing, at least 15 working days before the hearing date, that they intend to rely on the defence; or
b: the court gives leave for the defendant to rely on the defence.
4: A person who commits an offence against subsection (1)
a: if the person is an individual, to a fine not exceeding $40,000; and
b: in any other case, to a fine not exceeding $200,000.
11: Review and appeal
148: Right of review of certain decisions
1: A person to whom any of the following decisions apply may seek a review of the decision:
a: a decision to decline an application for registration for legal harvest:
b: a decision to decline an application for recognition:
c: a decision to impose conditions of recognition:
d: a decision to renew, suspend, or withdraw recognition:
e: a decision to impose or modify a condition of registration:
f: a decision to suspend the registration of a person registered for legal harvest:
g: a decision to issue a warning notice or compliance notice to a person registered for legal harvest.
2: The person must—
a: apply to the Secretary for the review in writing, within 30 days after the date on which they were notified of the decision; and
b: state, in the application, the reasons why the person disagrees with the decision.
3: The decision sought to be reviewed remains valid unless and until altered by the Secretary.
149: Who reviews decision
1: The reviewer of a decision referred to in section 148(1)
a: for a decision made by the Secretary, a person appointed by the Minister under subsection (2)
b: for a decision made by a person who is acting under the delegated authority of the Secretary,—
i: a person who was not involved in making the decision and who is designated by the Secretary; or
ii: the Secretary.
2: The Minister may appoint a person for the purpose of subsection (1)(a)
150: How review is conducted
1: If the Secretary receives an application for review, the Secretary must ensure that the application is forwarded to the appropriate reviewer ( see section 149
2: The reviewer must review the decision—
a: within 60 days after receiving the application; or
b: within an extended period not exceeding a further 30 days that the reviewer notifies to the applicant in writing before the end of the 60 days.
3: For the purposes of a review,—
a: the reviewer may require the applicant to supply, within the time specified by the reviewer, information additional to that contained in the application for review; and
b: the time taken to supply the additional information (or the time allowed for its supply, if the information is not in fact supplied) is not to be counted for the purposes of the time limits specified in subsection (2)
4: The reviewer must, as soon as practicable after completing the review, notify the applicant in writing of—
a: the decision on the review; and
b: the reasons for the decision; and
c: the right of appeal under section 151
5: A decision by the reviewer under this section is final, unless determined otherwise by a court of law of competent jurisdiction.
151: Appeals
1: A person to whom a decision of a reviewer under section 150
2: At any time before the final determination of an appeal, the High Court may make an interim order that an appellant is, until the end of the day on which the High Court finally determines the appeal,—
a: to be treated as if they were a registered person; or
b: to be treated as if they were an assessor, a recognised class of individuals, or a recognised agency.
3: An interim order may be subject to any conditions that the High Court thinks fit.
4: A party may appeal to the Court of Appeal against a decision of the High Court under this section on a question of law only.
5: An appeal under this section must be brought—
a: in accordance with the rules of court; and
b: within 20 working days after the day on which notice of the relevant decision is given to the appellant.
6: However, the relevant court may accept a late appeal no later than 60 working days after the day on which notice was given to the appellant if the court is satisfied that exceptional circumstances prevented the appeal from being made in time.
7: Nothing in this section affects the right of any person to apply for judicial review.
12: Secondary legislation
Regulations
152: Requirements before making regulations
1: The Minister must not recommend that regulations be made under this Part unless the Minister is satisfied—
a: that the regulations are necessary or desirable for 1 or more of the purposes of this Part; and
b: for regulations relating to cost recovery, that the requirements of the following sections have been met (to the extent appropriate in the circumstances):
i: section 207
ii: section 208
iii: section 210
c: for other regulations, that there has been appropriate consultation with affected persons or representatives of persons substantially affected, including representatives of tangata whenua and forestry industry bodies.
2: Consultation need not be undertaken on matters involving minor corrections or updating, or otherwise of a minor or technical nature.
3: A failure to consult does not affect the validity of any regulations made for the purposes of this Part.
153: Power to make regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that—
a: specify any matter that this Part indicates is to be specified by regulations:
b: provide for anything this Part requires or permits to be provided for by regulations:
c: provide for anything incidental that is necessary for carrying out, or giving full effect to, this Part.
2: Regulations made under this section are secondary legislation ( see 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.
154: Regulations may grant exemptions
1: Regulations—
a: may grant exemptions that are permitted or required under this Part to be granted by regulations; and
b: may impose terms or conditions on any such exemption.
2: The breach of a term or condition of an exemption is a breach of the provision to which the exemption relates (unless the terms or conditions of the exemption otherwise provide).
155: Regulations may set fees and charges
1: Regulations may do any of the following:
a: set the amounts of fees and charges for the purposes of this Part:
b: set the method by which the amount of any fee or charge is to be calculated:
c: provide for exemptions from, or waivers or refunds of, a fee or charge, in whole or in part, in any class of case:
d: authorise the Secretary to grant an exemption, waiver, or refund in any particular case or class of case.
2: Regulations may set fees and charges that—
a: differ, depending on whether a special or an urgent service is provided:
b: include more than 1 level of fee or charge for the same service provided in different ways or provided in, or in respect of, different places:
c: differ for otherwise similar services provided in different ways:
d: differ, depending on the amount of service required, or the components of the service required, for the particular person.
3: If regulations prescribe a formula for determining a fee or charge, the formula may specify the value of 1 or more of its components as being an amount or amounts notified for those components by the Secretary.
4: The amount or amounts referred to in subsection (3)
156: Regulations may impose levies
1: Regulations may do any of the following:
a: impose a levy payable to the Secretary for the purpose of wholly or partially funding the services provided, and functions performed, by the Secretary:
b: provide for exemptions from, or waivers or refunds of, a levy, in whole or in part, in any class of case:
c: authorise the Secretary to grant an exemption, waiver, or refund in any particular case or class of case.
2: Regulations made for a purpose described in subsection (1)
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: the maximum rate of levy; and
f: how the actual rate of the levy is to be set; and
g: how the rates of the levy and variation of rates are to be notified; and
h: whether the persons collecting the levy are entitled to recover the costs of levy collection and the estimated amount of those costs.
3: Regulations made for a purpose described in subsection (1)
a: the making of returns to the Secretary 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.
4: Regulations made under this section are secondary legislation ( see
5: If regulations made under subsection (1)(c)
a: an instrument granting an exemption, waiver, or refund is secondary legislation ( see
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 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.
157: Regulations about offences
1: Regulations may—
a: specify the offences in this Part or in regulations that are infringement offences, and prescribe infringement fees not exceeding $1,000 for those offences:
b: prescribe offences for the breach of regulations and maximum fines for those offences not exceeding $5,000 for an individual and $20,000 for a body corporate.
2: Regulations made under this section are secondary legislation ( see 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. Rules
158: Rules setting practice standards for legal harvest
1: The Secretary may make rules that set practice standards for legal harvest.
2: The rules may only supplement a requirement that—
a: is imposed under this Part or by regulations; and
b: relates to due diligence systems or the assessment of due diligence systems.
3: The Secretary must not make rules under this section unless satisfied that consultation has been carried out with affected persons or representatives of persons substantially affected, including representatives of tangata whenua and forestry industry bodies.
4: Consultation is not required for matters involving minor corrections or updating, or otherwise of a minor or technical nature.
5: A failure to consult does not affect the validity of the rules.
6: Rules made under this section are secondary legislation ( see 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.
13: General matters
Evidence in proceedings
159: Evidence in proceedings
1: In any proceedings for an offence under this Part, a certificate or document (including an electronic copy) of any of the following kinds is admissible in evidence and, in the absence of proof to the contrary, is sufficient evidence of the matter stated in the certificate or of the contents of the document, as the case may require:
a: a certificate purporting to be signed by the Secretary to the effect that, at any specified date or period,—
i: a person is or was an officer or a recognised assessor; or
ii: an agency is or was a recognised agency; or
iii: a person was or was not registered for legal harvest; or
iv: a certification scheme was or was not recognised; or
v: an assessment report was or was not submitted; or
vi: an exporter statement had or had not been given or had been withdrawn; or
vii: a specified document was or was not an export requirement, a template document, a practice standard, a notice, a direction, or an extract from a register kept under this Part:
b: a certificate purporting to be signed by any person authorised by this Part or the Public Service Act 2020
i: the person has delegated the exercise or performance of the power or function specified in the certificate to the person specified in the certificate; or
ii: the person has delegated the exercise of the power or function specified in the certificate to persons of a kind or description specified in the certificate, and that a named person specified in the certificate is a person of that kind or description:
c: a certificate purporting to be signed by an analyst or a recognised assessor stating the results of any test taken under or for the purposes of this Part:
d: a document purporting to be a copy of any material incorporated by reference:
e: a document purporting to be a template document, standard, statement, requirement, notice, or direction made or an approval given under this Part.
2: The production of a certificate or document purporting to be a certificate or document to which subsection (1)
3: No certificate of an analyst or recognised assessor and no other evidence of a test under this Part is to be ruled inadmissible or disregarded by reason only of the fact that any of the provisions of this Part or of any regulations, notices, or orders made under this Part relating to the taking, analysing, testing, or examining of samples have not been strictly complied with, if there has been reasonable compliance with those provisions.
4: A certificate or document to which subsection (1)
a: at least 20 days before the hearing at which the certificate or document 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 or document as a witness at the hearing or to call evidence as to the nature of the certificate or document; and
b: the court has not, on the application of the defendant made not less than 10 days before the hearing, ordered, not less than 5 days before the hearing (or any lesser period that the court in the special circumstances of the case thinks fit), that the certificate or document should not be admissible as evidence in the proceedings.
5: The court may not make an order under subsection (4)(b)
160: Liability of body corporate
If, in the course of proceedings against a body corporate for an offence under this Part, it is necessary to establish the state of mind of the body corporate, it is sufficient to show that a director, employee, or agent of the body corporate, acting within the scope of that person's actual or apparent authority, had that state of mind.
161: Liability of directors and managers of companies
Where a body corporate is convicted of an offence under this Part, every director and every person concerned in the management of the body corporate is also guilty of a like offence if it is proved that—
a: the act or omission that constituted the offence took place with the authority, permission, or consent of the director or person; or
b: the director or person knew that the offence was to be or was being committed, and failed to take all reasonable steps to prevent or stop it. Automated electronic system
162: Arrangement for system
1: The Secretary may arrange for the use of an automated electronic system to do the actions described in subsection (2) subsection (3)
2: The actions are the following:
a: exercising a power other than a power to make secondary legislation:
b: carrying out a function:
c: carrying out a duty:
d: making a decision, including making a decision by—
i: analysing information that a person described in subsection (3)
ii: applying criteria predetermined by the Secretary 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 the following:
a: the Secretary:
b: officers.
4: The Secretary 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)
5: A system used in accordance with an arrangement may include components outside New Zealand.
6: The Secretary must consult the Privacy Commissioner about including in an arrangement actions that involve the collection or use of personal information.
163: 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 Part and done by the system—
a: is treated as an action done properly by the appropriate person referred to in section 162(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 and 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 162(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 162(3) Review of this Part
164: Review of this Part and operation and effectiveness of legal harvest system
1: The Minister must review this Part and the operation and effectiveness of the legal harvest system no later than 5 years after the commencement of section 74
2: The Minister must present a report of the review to the House of Representatives as soon as practicable after it has been completed.
6: Log traders
165: Purpose of this Part
1: The purpose of this Part is to—
a: support the continuous, predictable, and long-term supply of timber, and equity of access to timber, for domestic processing and export; and
b: support a more transparent and open market for log sales; and
c: improve the confidence and informed participation of businesses and investors in the forestry and wood-processing sector; and
d: contribute to the development, and improve the long-term sustainability, of the forestry and wood-processing sector; and
e: contribute to improved climate change outcomes from the forestry and wood-processing sector.
2: To that end, this Part—
a: establishes a regulatory system for log traders; and
b: imposes obligations on persons registered as log traders to ensure that logs grown in New Zealand are bought and sold in a way that is transparent and professional.
166: Meaning of log trader
1: A log trader
a: a person who, in trade,—
i: buys New Zealand logs, whether after harvest or in the form of trees to be harvested at an agreed time, and whether or not the person intends to on-sell the logs; or
ii: exports New Zealand logs; or
iii: processes New Zealand logs that the person has grown themselves:
b: a person who does any of the things specified in paragraph (a)
c: a company that, in trade, receives ownership of New Zealand logs from a related company, whether the transfer relates to logs after harvest or in the form of trees to be harvested at an agreed time.
2: In this section, related company
1: Log traders must be registered
167: Requirement for log traders to be registered
1: A log trader must be a registered log trader under this Part before carrying out any activity described in any of section 166(1)(a) to (c)
2: However, a log trader is not required to be registered if they are a person to whom section 169(1)(a) or (b)
3: A person must not falsely hold out that they are, or any other person is,—
a: a registered log trader; or
b: not required to be a registered log trader.
4: To avoid doubt, a new trader under section 169(2)(b)
5: See section 84
168: Registration criteria for log traders
1: The criteria that an applicant must meet (to the satisfaction of the Secretary) in order to be registered as a log trader are as follows:
a: the person must be required by this Part to be a registered log trader; and
b: the person must be a fit and proper person to be a registered log trader; and
c: any other criteria set by regulations.
2: In determining whether a person is a fit and proper person, the Secretary must take into account—
a: the matters set out in regulations; and
b: any other matters that the Secretary considers relevant.
169: When person not required to be registered log trader
1: A person does not have to be a registered log trader if—
a: they are within a class of persons who are exempted by notice under section 193(1)(a)
b: all their regulated activities fall within 1 or more of the activity exceptions.
2: The activity exceptions Low-volume activity
a: if they carried out an activity in the previous full financial year,—
i: their activity in that year involved less than the threshold volume of logs; and
ii: their activity in the current financial year does not in fact involve more than that threshold volume:
b: if they did not carry out the activity in the previous full financial year, their activity in the current financial year is reasonably expected by them not to, and does not in fact, involve more than the threshold volume of logs: Exempt activities
c: the activity is the shipping or transporting of logs, or associated logistical activities:
d: the activity is within a class of transactions or transfers exempted under section 193(1)(b)
3: To avoid doubt, a new trader who relies on the exception in subsection (2)(b)
4: In this section, threshold volume
a: 2,000 cubic metres per year, unless paragraph (b)
b: any volume specified by regulations.
2: Obligations of registered log traders
170: Obligations of registered log trader
1: A registered log trader must—
a: adhere to the practice standards for log traders; and
b: adhere to any agreement—
i: that is entered into by the registered log trader or an organisation to which they belong; and
ii: that is identified by regulations as an applicable forestry industry agreement; and
c: keep records as required by regulations; and
d: notify the Secretary within 20 working days after the date of any significant change in circumstances; and
e: report to the Secretary as required by regulations; and
f: comply with any other obligations imposed by this Part or regulations.
2: A registered log trader must continue to be a fit and proper person to be a registered log trader.
3: In this section, significant change of circumstances
a: any matter that may result in a registered log trader no longer complying with subsection (2)
b: the death of the person in control of the registered log trader, bankruptcy, receivership, voluntary administration, or liquidation.
4: If subsection (3)(b) subsection (1)(d)
171: Registered log trader must declare continuing compliance with obligations
1: A registered log trader must provide a declaration to the Secretary that they are continuing to comply with their obligations under section 170
2: The declaration must—
a: be made—
i: annually by the date specified in regulations; and
ii: at any other times as required by or under this Part; and
b: include any other information required by regulations; and
c: be made in the form approved by the Secretary; and
d: be accompanied by payment of any fee specified in regulations.
3: The Secretary may grant a person an extension of up to 20 working days to make their declaration if the Secretary is satisfied that the person is, for reasons outside their control, unable to provide the declaration by the due date.
4: The Secretary may require the person to provide any evidence that the Secretary requires to verify information given in a declaration.
3: Application process to be registered log trader
172: Application to be registered log trader
1: An application to be a registered log trader must—
a: be made to the Secretary in the form approved by the Secretary; and
b: include the information specified by regulations; and
c: be accompanied by payment of any fee specified in regulations.
2: A person must not provide false or misleading information in or with the application.
173: Decision on application for registration
1: This section applies if the Secretary receives an application for registration made in accordance with section 172
2: If the Secretary is satisfied that the applicant meets the registration criteria in section 168
a: register the applicant; and
b: notify the applicant of the date from which the registration has effect.
3: The Secretary—
a: may ask the applicant to provide any other information that the Secretary needs to decide whether the applicant meets the registration criteria; and
b: if the applicant does not provide the requested information within 6 months after being asked for it, may decline the application for that reason.
4: If the Secretary declines the application, the Secretary must notify the applicant of—
a: the decision; and
b: the reasons for the decision; and
c: the right of review under section 201
174: Conditions of registration
1: The Secretary may, subject to subsection (2)
a: impose conditions on a person’s registration as a log trader; and
b: at any time, modify the conditions of registration.
2: The Secretary may—
a: impose conditions if satisfied that the person has engaged in unsatisfactory conduct ( see section 179(1)
b: impose conditions needed to enable the Secretary to monitor the person’s compliance with their obligations under this Part; and
c: impose only the conditions that the Secretary considers necessary or desirable for the purposes of this Part, and that are reasonable.
3: If the Secretary decides to impose or modify a condition, the Secretary must give the person notice of—
a: the decision; and
b: the reasons for the decision; and
c: the right of review under section 201
4: A new or modified condition has effect on and from the date specified by the Secretary in the notice or, if no effective date is specified, the date of the notice.
5: Regulations may impose restrictions on the conditions that may be imposed under this section or on how they may be imposed or modified.
4: Suspension and revocation of log trader registration
175: Suspension of log trader’s registration
The Secretary may suspend a log trader’s registration if the Secretary is satisfied that—
a: the person has engaged in misconduct in their capacity as a registered log trader; or
b: the person is no longer carrying out the activities of a registered log trader; or
c: the person has failed to meet their obligations to pay fees, charges, or levies imposed by regulations made under this Part, and the failure is more than minor or inconsequential.
176: Process for suspension
1: Before suspending a log trader’s registration, the Secretary must—
a: give the person notice of the Secretary's intention to suspend registration, including reasons for the decision; and
b: invite the person to provide information to satisfy the Secretary that the decision is inappropriate; and
c: give the person reasonable opportunity to respond.
2: After completing the steps in subsection (1)
a: include the reasons for the decision; and
b: in the case of a suspension, specify the dates of the period of suspension; and
c: inform the person of the right of review under section 201
3: A suspension takes effect on the date on which the person is given notice under subsection (2)
4: The suspension ceases on the expiry of the period specified in the notice unless—
a: the person has exhausted their right of review in respect of the decision to suspend (after which the registration is revoked under section 178
b: the Secretary notifies the person that the suspension is lifted on an earlier date.
5: The Secretary may lift the suspension on an earlier date than that specified in the notice if the Secretary is satisfied that the reasons for the suspension no longer apply.
177: Effect of suspension
As long as a log trader’s registration is suspended,—
a: they must be treated as not being a registered log trader under this Part; and
b: if they are registered for legal harvest in relation to a regulated activity for which they are also registered as a log trader, they must be treated as not being registered for legal harvest in relation to that activity.
178: Revocation of log trader registration
1: The Secretary must revoke a log trader’s registration—
a: if registration is suspended under section 175 section 201
b: at the request of the registered log trader.
2: If a log trader’s registration is suspended, the Secretary may revoke their registration if the Secretary is satisfied that—
a: the person has failed within a reasonable time to take appropriate corrective action to remedy the deficiency or failure that resulted in the suspension; and
b: the person has not sought a review of the decision to suspend registration.
3: The revocation has effect on the date on which it is notified to the registered log trader or on a later date specified by the Secretary and notified to the registered log trader.
5: Complaints and dispute resolution
179: Meaning of unsatisfactory conduct and misconduct
1: A registered log trader engages in unsatisfactory conduct
a: falls short of the standard that a reasonable member of the public is entitled to expect from a reasonably competent registered log trader; or
b: contravenes the person’s obligations under this Part in a way that is more than minor or inconsequential; or
c: is incompetent or negligent; or
d: would reasonably be regarded by registered log traders of good standing as being unacceptable.
2: A registered log trader engages in misconduct
a: they engage in conduct that would reasonably be regarded by registered log traders of good standing, or reasonable members of the public, as disgraceful; or
b: they wilfully or recklessly fail (whether by act or omission) to meet an obligation under this Part that is more than minor or inconsequential; or
c: they commit a serious offence, or are involved in a serious matter, that is specified by regulations.
180: Complaints about unsatisfactory conduct or misconduct by registered log trader
1: Any person may complain to the Secretary, or the Secretary may initiate a complaint, that person has engaged in unsatisfactory conduct or misconduct in their capacity as a registered log trader.
2: The complaint must be made and dealt with in accordance with regulations.
181: Disputes about commercial matters
1: If there is a dispute between any of the following persons about a commercial matter, 1 or more of the parties to the dispute may refer it to dispute resolution:
a: any owner of forests or proposed forests:
b: any registered, or previously registered, log trader.
2: The dispute must be referred and dealt with in accordance with regulations.
3: If the parties to the dispute have not resolved the dispute by agreement after following that process, the parties may agree to refer the dispute to mediation or arbitration.
4: If a dispute is referred to arbitration, the provisions of the Arbitration Act 1996 apply to the dispute.
5: This section does not apply to a dispute that is subject to a dispute resolution process set out in a contract between the parties.
182: Measures to address unsatisfactory conduct or misconduct by registered log trader
1: If the Secretary is satisfied that a person has, in their capacity as a registered log trader, engaged in unsatisfactory conduct, the Secretary may—
a: impose or modify a condition of the person’s registration under section 174(1)
b: issue a notice to warn the person that the Secretary may consider a failure to address the unsatisfactory conduct as satisfying the test in section 179
2: If the Secretary is satisfied that a person has, in their capacity as a registered log trader, engaged in misconduct, the Secretary may—
a: suspend the person’s registration under section 175
b: consider whether there are grounds to prosecute the person for an offence under section 184(1)
183: Notice requiring registered log trader to address unsatisfactory conduct
1: This section applies if the Secretary is satisfied that—
a: a person has, in their capacity as a registered log trader, engaged in unsatisfactory conduct; and
b: the unsatisfactory conduct involves an error or omission on the part of the person.
2: The Secretary may issue the person with a notice that requires the person—
a: to rectify, at their own expense, the error or omission; or
b: where it is not practicable to rectify the error or omission, to take steps to provide, at the person’s own expense, relief, in whole or in part, from the consequences of the error or omission.
3: A notice under this section must include notice of the person’s right of review, under section 201
4: A notice under this section may be enforced in all respects as if it were an order of the District Court on the filing of a sealed copy in that court.
6: Offences
184: Offences relating to log traders
1: A person commits an offence if—
a: they fail to comply with section 167(1)
b: they fail to comply with section 167(3)
c: they fail to comply with section 170
d: they fail to comply with section 172(2)
2: It is a defence to a charge under subsection (1)(a), (b), or (c)
a: the commission of the offence was due to—
i: the act or omission of another person; or
ii: an accident; or
iii: some other cause or circumstances outside the defendant’s control; and
b: the defendant took reasonable precautions and exercised due diligence to avoid the commission of the offence or offences of the same kind.
3: However, the defence in subsection (2)
a: the defendant notifies the prosecutor in writing, at least 15 working days before the hearing date, that they intend to rely on the defence; or
b: the court gives leave for the defendant to rely on the defence.
4: It is a defence to a charge under subsection (1)(d)
a: did not know that the information they provided was false or misleading; and
b: exercised all reasonable care and due diligence to ensure that the information provided was not false or misleading.
5: A person who commits an offence against subsection (1)
a: if the person is an individual, to a fine not exceeding $40,000; and
b: in any other case, to a fine not exceeding $100,000.
7: Register of log traders
185: Log trader register
1: The Secretary must ensure that a public register of log traders is kept and maintained.
2: The purpose of the public register is—
a: to enable members of the public to know whether a person is a registered log trader; and
b: to enable members of the public to know how to contact a registered log trader; and
c: to assist with the enforcement of the provisions of this Part.
3: The register must include, in relation to each registered log trader,—
a: the person’s trading name and contact details; and
b: the date on which the person became registered; and
c: details (including dates) of any suspension or revocation of registration; and
d: the name or designation of the person who is responsible for the day-to-day management of the business; and
e: any other information required by regulations.
4: The Secretary must determine the form in which the log trader register is to be kept.
186: Register must be available to public
The Secretary must—
a: make the register of log traders 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 Secretary; and
b: supply a copy of information contained in the register to anyone who requests it, at no more than a reasonable cost.
187: Person may apply to have certain information withheld from register
1: A person whose physical address is entered on the register may apply to the Secretary to withhold that information or any information ( withheld information
a: its disclosure would be prejudicial to their personal safety or their family's; or
b: they want to preserve their privacy.
2: The Secretary must ensure that the withheld information is not available for inspection or disclosure, if satisfied that—
a: the grounds relating to personal safety apply; or
b: the grounds relating to privacy apply.
3: Despite subsection (2)
a: the Secretary is satisfied that the other person needs the withheld information to exercise a legal right, or satisfy a legal obligation, in relation to the first person (for example, to serve notice on them); and
b: before providing the withheld information, the Secretary gives notice to the first person specifying—
i: the name of the person to whom it will be provided; and
ii: the date on which it will be provided.
188: Person must notify Secretary of changes to their information on register
1: A person whose details are entered on the log trader register must notify the Secretary of any change in those details.
2: The person must notify the Secretary in writing within 20 working days after the date on which the change occurs.
8: Powers and functions of Secretary
189: Secretary’s functions
The functions of the Secretary under this Part are the following:
a: to establish and maintain a registration system for log traders:
b: to promote to persons in the forestry supply chain—
i: awareness of the registration for log traders; and
ii: the benefits of using registered log traders:
c: to monitor, and take action to ensure, the compliance of registered log traders and other persons with their obligations under this Part:
d: to establish and maintain a public register of persons registered as log traders:
e: to develop, maintain, and promote to registered log traders the practice standards for log traders:
f: to establish a process for resolving complaints and disputes relating to registered log traders.
190: Secretary's power to obtain information
1: The Secretary may, by notice to any person or class of person who has obligations under this Part, require that person—
a: to provide the Secretary with the information or class of information specified in the notice; and
b: to provide the information within a specified time frame or at regular intervals specified in the notice.
2: Before issuing a notice, the Secretary must be satisfied that the information is required to—
a: verify whether the person is complying with their obligations under this Part; or
b: gather statistical information for understanding the forestry supply chain.
3: The person must provide the information—
a: in a form specified by the Secretary; and
b: within a reasonable time.
4: The Secretary may use the information only for purposes related to those specified in subsection (2)
5: See
9: Secondary legislation
191: Requirements before making regulations
1: The Minister must not recommend that regulations be made under this Part unless the Minister is satisfied—
a: that the regulations are necessary or desirable for 1 or more of the purposes of this Part; and
b: for regulations relating to cost recovery, that the requirements of the following sections have been met (to the extent appropriate in the circumstances):
i: section 207
ii: section 208
iii: section 210
c: for other regulations, that there has been appropriate consultation with affected persons or representatives of persons substantially affected, including representatives of tangata whenua, forestry industry bodies, and unions (as defined in section 5 of the Employment Relations Act 2000).
2: Consultation need not be undertaken on matters involving minor corrections or updating, or otherwise of a minor or technical nature.
3: A failure to consult does not affect the validity of any regulations made for the purposes of this Part.
192: Regulations: registration
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that do any of the following:
a: specify a volume of logs for the purpose of the definition of threshold volume in section 169(4)
b: specify further criteria for registration as a log trader:
c: specify matters the Secretary must take into account in determining whether a person is a fit and proper person to be a registered log trader:
d: specify offences or matters that are serious for the purposes of section 179(2)(c)
e: require log traders to keep records on specified matters and to keep those records in a specified manner for a specified period:
f: require log traders to report to the Secretary on a regular basis, to enable the Secretary to monitor log traders’ compliance with their obligations under this Part:
g: specify when reports referred to in paragraph (f)
h: impose further obligations on log traders (which may relate to ongoing training to be undertaken):
i: specify the information that must be included in an application for registration as a log trader:
j: specify information that must be kept on the register of log traders.
2: Regulations made under this section are secondary legislation ( see Part 3 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.
193: Minister may exempt from registration requirements
1: The Minister may, by notice made on the recommendation of the Secretary,—
a: exempt any class of persons from the requirement to be registered as a log trader; and
b: exempt any class of transactions or transfers for the purpose of section 169(2)(d)(ii)
c: set terms and conditions for any exemption granted under this section.
2: Before granting an exemption, the Minister must obtain and consider advice from the Secretary as to whether the exemption should—
a: be granted for a specified period of no more than 5 years; or
b: be granted for an indefinite period but kept under review.
3: The breach of a term or condition of an exemption granted under this section is a breach of the provision to which the exemption relates (unless the terms of the exemption otherwise provide).
4: A notice under this section must include a statement of the Minister’s reasons for granting the exemption.
5: A notice under this section is secondary legislation ( see 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.
194: Power to make regulations generally
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that—
a: specify any matter that this Part indicates is to be specified by regulations:
b: provide for anything this Part requires or permits to be provided for by regulations:
c: provide for anything incidental that is necessary for carrying out, or giving full effect to, this Part.
2: Regulations made under this section are secondary legislation ( see 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.
195: Regulations may establish resolution process for complaints
1: Regulations may establish a resolution process for complaints that a log trader (including one whose registration is suspended or revoked) has engaged in unsatisfactory conduct or misconduct.
2: Without limiting subsection (1)
a: establish a complaints panel and its procedures:
b: require the Secretary to forward any complaint to the panel:
c: authorise the panel to require log traders to provide information relating to a complaint:
d: require the panel to publish its findings:
e: if the panel finds that a log trader has, or may have, engaged in unsatisfactory conduct or misconduct, require the panel to—
i: notify the Secretary of that finding; and
ii: recommend that the Secretary consider whether to take 1 or more of the actions specified in section 182
3: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
196: Disputes resolution process for commercial matters
1: For the purpose of section 181
a: establish a process to deal with disputes referred to it by parties under that section; and
b: provide for the manner in which disputes are referred.
2: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
197: Regulations may set fees and charges
1: Regulations may do any of the following:
a: set the amounts of fees and charges for the purposes of this Part:
b: set the method by which the amount of any fee or charge is to be calculated:
c: provide for exemptions from, or waivers or refunds of, a fee or charge, in whole or in part, in any class of case:
d: authorise the Secretary to grant an exemption, waiver, or refund in any particular case or class of case.
2: Regulations may set fees and charges that—
a: differ, depending on whether a special or an urgent service is provided:
b: include more than 1 level of fee or charge for the same service provided in different ways or provided in, or in respect of, different places:
c: differ for otherwise similar services provided in different ways:
d: differ, depending on the amount of service required or the components of the service required for the particular person.
3: If regulations prescribe a formula for determining a fee or charge, the formula may specify the value of 1 or more of its components as being an amount or amounts notified for those components by the Secretary.
4: The amount or amounts referred to in subsection (3)
5: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
198: Regulations may impose levies
1: Regulations may do any of the following:
a: impose a levy payable to the Secretary for the purpose of wholly or partially funding the services provided and functions performed by the Secretary:
b: provide for exemptions from, or waivers or refunds of, a levy, in whole or in part, in any class of case:
c: authorise the Secretary to grant an exemption, waiver, or refund in any particular case or class of case.
2: Regulations made for a purpose described in subsection (1)
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: the maximum rate of levy; and
f: how the actual rate of the levy is to be set; and
g: how the rates of the levy and variation of rates are to be notified; and
h: whether the persons collecting the levy are entitled to recover the costs of levy collection and the estimated amount of those costs.
3: Regulations made for a purpose described in subsection (1)
a: the making of returns to the Secretary 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 an 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.
4: Regulations made under this section are secondary legislation ( see
5: If regulations made under subsection (1)(c)
a: an instrument granting an exemption, waiver, or refund is secondary legislation ( see
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 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.
199: Requirements before making rules
1: The Secretary must not recommend that rules be made under this subpart unless satisfied—
a: that the rules are necessary or desirable for the purposes of this Part; and
b: that there has been appropriate consultation with affected persons or representatives of persons substantially affected, including representatives of tangata whenua, forestry industry bodies, and unions (as defined in section 5 of the Employment Relations Act 2000).
2: Consultation need not be undertaken on matters involving minor corrections or updating, or otherwise of a minor or technical nature.
3: A failure to consult does not affect the validity of any rules made for the purposes of this Part.
200: Rules: practice standards for log traders
1: The Secretary may make rules that set practice standards for log traders.
2: The rules may set standards for any matter relating to forestry operations and forestry services including the following:
a: valuation; and
b: emissions trading; and
c: sale and purchase agreements for domestic transactions or exports; and
d: other sale and purchase requirements.
3: However, the rules must not impose any condition or requirement that is properly a matter for commercial agreement between parties.
4: Rules made under this section are secondary legislation ( see 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.
10: Review and appeal
201: Right of review of certain decisions
1: A person to whom any of the following decisions apply may seek a review of the decision:
a: a decision to decline an application to be a registered log trader ( see section 173
b: a decision to impose or modify a condition of registration ( see section 174
c: a decision to suspend a person’s registration as a log trader ( see section 175
d: a decision to issue a notice requiring a registered log trader to—
i: rectify an error or omission ( see section 183(2)(a)
ii: take steps to provide relief from the consequences of the error or omission ( see section 183(2)(b)
2: An application for review of the decision must—
a: be made to the Secretary, in writing, within 30 days after the date on which the decision was notified to the applicant; and
b: state the grounds on which it is believed that the decision was inappropriate.
3: The decision sought to be reviewed remains valid unless and until altered by the Secretary.
202: Who reviews decision
1: The reviewer of a decision referred to in section 201(1)
a: for a decision made by the Secretary, a person appointed by the Minister under subsection (2)
b: for a decision made by a person who is acting under the delegated authority of the Secretary,—
i: a person who was not involved in making the decision and who is designated by the Secretary; or
ii: the Secretary.
2: The Minister may appoint a person for the purpose of subsection (1)(a)
203: How review is conducted
1: If the Secretary receives an application for review under section 201 see section 202
2: The reviewer must review the matter—
a: within 60 days after receiving the application; or
b: within an extended period not exceeding a further 30 days that the reviewer notifies to the applicant in writing before the end of the 60 days.
3: For the purposes of a review,—
a: the reviewer may require the applicant to supply, within the time specified by the reviewer, information additional to that contained in the application for review; and
b: the time taken to supply the additional information (or allowed for its supply, if the information is not in fact supplied) is not to be counted for the purposes of the time limits specified in subsection (2)
4: The reviewer must, as soon as practicable after completing the review, notify the applicant in writing of—
a: the decision on the review; and
b: the reasons for the decision; and
c: the right of appeal under section 204
5: A decision by the reviewer under this section is final, unless determined otherwise by a court of law of competent jurisdiction.
204: Appeals
1: A person to whom a decision of the reviewer under section 203
2: At any time before the final determination of an appeal, the High Court may make an interim order that an appellant is to be treated as if they were a registered log trader until the end of the day on which the High Court finally determines the appeal.
3: An interim order may be subject to any conditions that the High Court thinks fit.
4: A party may appeal to the Court of Appeal against a decision of the High Court under this section on a question of law only.
5: An appeal under this section must be brought—
a: in accordance with the rules of court; and
b: within 20 working days after the day on which notice of the relevant decision is given to the appellant.
6: However, the relevant court may accept a late appeal no later than 60 working days after the day on which notice was given to the appellant if the court is satisfied that exceptional circumstances prevented the appeal from being made in time.
7: Nothing in this section affects the right of any person to apply for judicial review.
7: Provisions that apply to Parts 2A, 5, and 6
205: Part applies to specified Parts
1: This Part applies to the following Parts:
a: Part 2A (regulation of forestry advisers):
b: Part 5
c: Part 6
2: In this Part, specified Part subsection (1)
1: Cost recovery
206: Obligation to recover costs
1: This section applies to the direct and indirect costs of administering a specified Part.
2: The Minister must take all reasonable steps to ensure that the costs are recovered, whether by way of fees, levies, or otherwise.
3: The obligation to recover costs does not apply to costs that are provided for by money appropriated by Parliament for the purpose.
207: Principles of cost recovery
1: In determining the most appropriate method of cost recovery to use, the Minister must have regard, as far as is reasonably practicable, to the following criteria:
a: equity, in that funding for a particular function, power, or service, or a particular class of functions, powers, or services, should generally, and to the extent practicable, be sourced from the users or beneficiaries of the relevant function, power, or service at a level commensurate with their use or benefit from the function, power, or service:
b: efficiency, in that costs should generally be allocated and recovered in order to ensure that maximum benefits are delivered at minimum cost:
c: justifiability, in that costs should be collected only to meet the actual and reasonable costs (including indirect costs) of the provision or exercise of the relevant function, power, or service:
d: transparency, in that costs should be identified and allocated as closely as practicable in relation to tangible service provision for the recovery period in which the service is provided.
2: However,—
a: there need not be a strict apportionment of the costs to be recovered for a particular function or service based on usage; and
b: without limiting the way in which fees or charges may be set, a fee or charge may be set at a level or in a way that—
i: is determined by calculations that involve an averaging of costs or potential costs:
ii: takes into account costs or potential costs of services that are not directly to be provided to the person who pays the fee or charge but that are an indirect or potential cost arising from the delivery of the service in question to a class of persons or all persons who use the service.
208: Requirement for consultation
1: Costs must not be recovered unless there has been consultation with affected persons or representatives of persons substantially affected, including representatives of tangata whenua and forestry industry bodies.
2: Consultation is not required in relation to specific fees or charges, or the specific levels of fees or charges, so long as the fees or charges set are reasonably within the scope of any general consultation.
209: Methods of cost recovery
The methods by which costs may be recovered are as follows:
a: fixed fees or charges:
b: fees or charges based on a scale or formula or at a rate determined on an hourly or other unit basis:
c: use of a formula or other method of calculation for fixing fees and charges:
d: the recovery by way of fee or charge of actual and reasonable costs expended in, or associated with, the performance of a service or function:
e: estimated fees or charges, or fees or charges based on estimated costs, paid before the provision of the service or function, followed by reconciliation and an appropriate further payment or refund after provision of the service or function:
f: levies:
g: any combination of the above.
210: Cost recovery to relate generally to financial year
1: This section applies to regulations—
a: that are made under a specified Part; and
b: that set a fee, charge, or levy that applies in any financial year.
2: Regulations—
a: must have been made before the start of that financial year, unless subsection (3)
b: apply in that financial year and all subsequent financial years until revoked or replaced, unless regulations provide otherwise.
3: Regulations may be made during a financial year that alter or set a fee, charge, or levy payable in that financial year only if—
a: the fee, charge, or levy is reduced, removed, or restated without substantive alteration; or
b: in the case of an increased, or a new, fee, charge, or levy,—
i: appropriate consultation has been carried out with persons or representatives of persons substantially affected by the alteration or setting, including representatives of tangata whenua and forestry industry bodies:
ii: the Minister is satisfied that those persons or representatives agree or do not substantially disagree with the alteration or setting.
4: This section does not prevent the amendment of any regulation setting a fee, charge, or levy if any substantive alteration effected by the amendment is for the purpose of correcting an error.
5: Recovery may be made in any financial year of any shortfall in cost recovery for any of the preceding 4 financial years, and allowance may be made for any over-recovery of costs in those financial years (including any estimated shortfall or over-recovery for the immediately preceding financial year).
211: Minister may review levels and methods of cost recovery
1: The Minister may, from time to time, review the levels and methods of cost recovery in relation to a specified Part.
2: A review may—
a: make provision for recovery in any relevant financial year of any shortfall in cost recovery for any of the preceding 4 financial years; or
b: make allowance for any over-recovery of costs in those years (including any estimated shortfall or over-recovery for the immediately preceding financial year).
3: To avoid doubt, all areas of cost recovery need not be reviewed at the same time, nor is there any time limit on the making of regulations to implement the results of a review.
212: Trust accounts required to be kept by persons collecting levies
1: This section applies if—
a: regulations are made under a specified Part; and
b: regulations require the operation of a trust account for any levy money by the person responsible for collecting the levy.
2: Any amount held on trust that is due to be paid to the Secretary by the levy collector—
a: is to be treated as levy money held on trust for the Secretary; and
b: is not available for the payment of any creditor (other than the Secretary) of the levy collector, and is not liable to be attached or taken in execution at the instance of the creditor.
3: A person who ceases to be responsible for collecting a levy must continue to maintain the trust account until all the levy money payable to the Secretary for the period during which the person was responsible for collecting the levy has been paid.
4: Subsection (3)
213: Fees, levies, and charges payable are debt due to the Crown
A fee, levy, or charge that has become payable under a specified Part is a debt due to the Crown that is recoverable by the Secretary in any court of competent jurisdiction.
214: Services may be withdrawn until debt paid
1: If a person fails to pay by the due date any fee, levy, or charge payable under a specified Part, the person to whom the fee, levy, or charge is payable (the collector
a: withdraw, or refuse to provide the person with, a service of the kind to which the debt relates; or
b: refuse to perform a function under the specified Part in respect of the person in default.
2: The collector—
a: must give the person written notice of their intention to act under subsection (1)
b: must not act if the person satisfies the collector during that period that the debt is not payable.
3: The collector is not required to reinstate or supply the service, or perform the function, until a court holds that—
a: the debt or part concerned is paid; or
b: the debt or part concerned is not payable; or
c: some lesser amount is payable, and the amount is paid.
215: Obligation to pay fee, charge, levy, or penalty not suspended by dispute
1: This section applies if there is a dispute between a person and the Secretary regarding the person’s liability to pay any amount of a fee, charge, levy, or penalty under a specified Part.
2: The following are not suspended by the dispute:
a: the obligation of the person to pay the fee, charge, levy, or penalty:
b: the right of the Secretary to receive and recover the amount owing.
2: Infringement offences
216: Interpretation
In this subpart,— infringement fee infringement offence
a: against a provision of the regulations or any of—
i: section 63ZK(1)(a) to (h); or
ii: section 147(1)(a) to (l)
iii: section 184(1)(a) to (d)
b: that regulations specify as being an infringement offence.
217: Infringement offences
1: A person who is alleged to have committed an infringement offence may—
a: be proceeded against by the filing of a charging document under section 14 of the Criminal Procedure Act 2011; or
b: be issued with an infringement notice under section 219
2: Proceedings commenced in the way described in subsection (1)(a)
3: See
218: Who may issue infringement notices
Any officer may issue infringement notices under this subpart.
219: When infringement notice may be issued
An officer may issue an infringement notice to a person if they believe on reasonable grounds that the person is committing, or has committed, an infringement offence.
220: Revocation of infringement notice before payment made
1: An officer may revoke an infringement notice before—
a: the infringement fee is paid; or
b: an order for payment of a fine is made or deemed to be made by a court under section 21 of the Summary Proceedings Act 1957.
2: The officer must take reasonable steps to ensure that the person to whom the notice was issued is made aware that the notice is revoked.
3: The revocation of an infringement notice before the infringement fee is paid is not a bar to any further action as described in section 217(1)(a) or (b)
221: What infringement notice must contain
An infringement notice must be in the form prescribed in regulations and must contain the following particulars:
a: details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee:
c: the address of the place where the infringement fee may be paid:
d: how the infringement fee may be paid:
e: the time within which the infringement fee must be paid:
f: a summary of section 21(10) of the Summary Proceedings Act 1957:
g: a statement that the person served with the notice has a right to request a hearing:
h: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:
i: any other matters specified in regulations.
222: How infringement notice may be served
1: An infringement notice may be served on the person who the officer believes is committing or has committed the infringement offence by—
a: delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or
b: leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or
c: leaving it for the person at the person’s place of business or work with another person; or
d: sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work; or
e: sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand.
2: Unless the contrary is shown,—
a: an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1)
b: an infringement notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first entered an information system that is outside the control of the Secretary.
223: Payment of infringement fees
All infringement fees paid for infringement offences must be paid into a Crown Bank Account.
224: Reminder notices
A reminder notice must be in the form specified in regulations and must include the same particulars, or substantially the same particulars, as the infringement notice. 2024-05-19 Forests Act 1949 refer to section 2(2)(a) and (b): provisions as stated comes into force 12 months after this Act comes into force. Subpart 10 of Part 5 excepts for sections 139, 140 and 141 and subpart 2 of Part 7 2026-05-19 Forests Act 1949 refer to section 2(2). Those provisions which are not stated in 2(2)(a) and (b) in regards to section 49 come into force on 19 May 2026.
50: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in Schedule 1
b: make all necessary consequential amendments.
2: Consequential amendments to other enactments
51: Consequential amendments
Amend the enactments specified in Schedule 2 2026-05-19 Legislation Act 2019 2026-05-19 Search and Surveillance Act 2012 2026-05-19 Summary Proceedings Act 1957 |
DLM36926 | 1980 | Trespass Act 1980 | 1: Short Title and commencement
1: This Act may be cited as the Trespass Act 1980.
2: This Act shall come into force on 1 January 1981.
2: Interpretation
1: In this Act, unless the context otherwise requires,— disturb domestic animal
a: an animal of any of the following kinds when not in a wild state, namely, horses, cattle, sheep, and swine, within the meaning of the Animals Act 1967, and poultry within the meaning of the Poultry Act 1968; and
b: any deer that is being lawfully kept in captivity within a deer-proof fence; and
c: any goat that is being lawfully kept in captivity within a goat-proof fence; and
d: any rabbit that is being lawfully kept in captivity; and
e: any wild animal within the meaning of the Wild Animal Control Act 1977
i: in a zoological garden; or
ii: in a manner or by a restraining device that will prevent its escape occupier private land weapon
2: Where, except by virtue of this subsection, no person is the occupier of any place or land, the owner of that place or land shall, for the purposes of this Act, be deemed to be its occupier. 1968 No 52 s 2
3: Trespass after warning to leave
1: Every person commits an offence against this Act who trespasses on any place and, after being warned to leave that place by an occupier of that place, neglects or refuses to do so.
2: It shall be a defence to a charge under subsection (1) if the defendant proves that it was necessary for him to remain in or on the place concerned for his own protection or the protection of some other person, or because of some emergency involving his property or the property of some other person. 1968 No 52 s 3
4: Trespass after warning to stay off
1: Where any person is trespassing or has trespassed on any place, an occupier of that place may, at the time of the trespass or within a reasonable time thereafter, warn him to stay off that place.
2: Where an occupier of any place has reasonable cause to suspect that any person is likely to trespass on that place, he may warn that person to stay off that place.
3: Where any person is convicted of an offence against this Act committed on or in respect of any place, the court may warn that person to stay off that place.
4: Subject to subsection (5), every person commits an offence against this Act who, being a person who has been warned under this section to stay off any place, wilfully trespasses on that place within 2 years after the giving of the warning.
5: It shall be a defence to a charge under subsection (4) if the defendant proves that—
a: the person by whom or on whose behalf the warning concerned was given is no longer an occupier of the place concerned; or
b: it was necessary for the defendant to commit the trespass for his own protection or for the protection of some other person, or because of some emergency involving his property or the property of some other person. 1968 No 52 s 4
5: Delivery of warnings
A warning under section 3 section 4 1968 No 52 s 4(2)
6: Disturbance of domestic animals by trespasser
Every person commits an offence against this Act who trespasses on any private land, and—
a: by means of a dog, weapon, or vehicle, disturbs any domestic animal on that land; or
b: wilfully or recklessly disturbs any domestic animal on that land. 1968 No 52 s 5
7: Laying of poison or setting of traps on private land
Every person commits an offence against this Act who, without the authority of an occupier of any private land, or other lawful authority,—
a: lays any poison or poisoned bait on that land; or
b: sets any trap on that land.
8: Gates
Every person commits an offence against this Act who—
a: trespasses on any private land and wilfully—
i: opens and leaves open a shut gate; or
ii: unfastens and leaves unfastened a fastened gate; or
iii: shuts and leaves shut an open gate; or
b: with intent to cause loss, annoyance, or inconvenience to any other person,—
i: opens and leaves open a shut gate; or
ii: unfastens and leaves unfastened a fastened gate; or
iii: shuts and leaves shut an open gate— on or leading to any land used for the farming of domestic animals or of any other animals held under lawful authority. 1968 No 52 s 7
9: Obligation to give name and other particulars
1: An occupier of any private land upon which any person is found trespassing, or any constable
a: give particulars of his name and place of abode; and
b: give the number of his firearms licence under the Arms Act 1983
2: If any such person fails or refuses to comply with a requirement made under subsection (1), any constable
3: Every person commits an offence against this Act who, in response to a requirement under subsection (1),—
a: fails or refuses to comply with that requirement; or
b: gives a false name or place of abode; or
c: wilfully gives particulars of his place of abode that are insufficiently precise to enable it to be identified readily. 1968 No 52 s 8 1977 No 111 s 34 Section 9(1) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 Section 9(1)(b) substituted 1 June 1984 section 76(1) Arms Act 1983 Section 9(2) amended 1 October 2008 section 116(a)(ii) Policing Act 2008
10: Charges
Proceedings under this Act may be commenced only by an occupier of the place concerned or a constable. Section 10 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
11: Offences and penalties
1:
2: Every person who commits an offence against this Act shall be liable on conviction—
a: in the case of an offence against section 3 section 4 section 12
b: in the case of an offence against section 6(a) section 7
c: in the case of an offence against section 6(b)
d: in the case of an offence against section 8
e: in the case of an offence against section 9 Section 11(1) repealed 1 July 2013 section 413 Criminal Procedure Act 2011
12: Weapons
1: Where any person is convicted by any court of an offence against this Act, and it is proved that at the time of the offence he was carrying a weapon or had a weapon with him, the court, instead of or in addition to any other penalty, order, or direction, may make either or both of the following orders:
a: an order that the person be disqualified from holding a firearms licence or any other licence or permit under the Arms Act 1983
b: an order that the person shall not carry any weapon, or any weapon of a specified class, for such period not exceeding 2 years from the date of the conviction as the court thinks fit.
2: Where an order is made under subsection (1)(a) that a person be disqualified from holding a firearms licence or any other licence or permit under the Arms Act 1983
3: Every person commits an offence against this Act who carries a weapon in contravention of an order under subsection (1)(b).
4: Where any person is convicted by any court of an offence against section 6 Section 12 substituted 1 June 1984 section 76(2) Arms Act 1983
12A: Application of Act to public bars
Notwithstanding anything in sections 187 and 188 of the Sale of Liquor Act 1962 or in section 13
a: any premises in respect of which any hotel premises licence or tavern premises licence is in force under and within the meaning of the Sale of Liquor Act 1962; or
b: any premises conducted as a hotel or tavern by any licensing trust pursuant to any of the provisions of the Licensing Trusts Act 1949, the Masterton Licensing Trust Act 1947, and the Invercargill Licensing Trust Act 1950. Section 12A inserted 10 July 1987 Trespass Amendment Act 1987
13: Savings
Nothing in this Act shall derogate from anything that any person is authorised to do by or under any other enactment or by law
a: section 42 of the Mining Act 1971
b: section 23 of the Civil Aviation Act 1964:
c: any enactment or instrument conferring a right of entry on any land. 1968 No 52 s 11 Section 13 amended 22 October 1981 Trespass Amendment Act 1981
14: Repeal
The Trespass Act 1968 |
DLM36281 | 1980 | Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 | 1: Short Title and commencement
1: This Act may be cited as the Crimes ( Internationally Protected Persons, United Nations and Associated Personnel, and Hostages
2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council, and different dates may be so appointed for the commencement of this Act in respect of the 1973 Convention and the 1979 Convention.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(1) amended 1 March 1999 section 2(3) Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Section 1(2) brought into force 12 December 1985 clause 2 Crimes (Internationally Protected Persons and Hostages) Act Commencement Order 1985 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
1: In this Act, unless the context otherwise requires,— associated person sections 3 to 6
a: a person assigned by a Government or an intergovernmental organisation with the agreement of the competent organ of the United Nations; or
b: a person engaged by—
i: the Secretary-General of the United Nations; or
ii: a specialised agency of the United Nations; or
iii: the International Atomic Energy Agency; or
c: a person deployed by a humanitarian non-governmental organisation or agency under an agreement with—
i: the Secretary-General of the United Nations; or
ii: a specialised agency of the United Nations; or
iii: the International Atomic Energy Agency— to carry out activities in support of the fulfilment of the mandate of a United Nations operation internationally protected person sections 3 to 6
a: a person who, at the time of the alleged act or omission, is—
i: a Head of State; or
ii: a member of a body that performs the functions of a Head of State under the constitution of the State; or
iii: a Head of Government; or
iv: a Minister of Foreign Affairs— and is outside the territory of the State in which he or she holds office:
b: a member of the family of a person referred to in paragraph (a) who is accompanying that person:
c: a person who, at the time of the alleged act or omission, is—
i: a representative or an official of a State; or
ii: an official or agent of an international organisation of an intergovernmental character— and is entitled under international law to special protection from attack on his or her person, freedom, or dignity:
d: a member of the family of a person referred to in paragraph (c) who is a member of that person's household New Zealand section 3 person protected by a convention
a: an associated person; or
b: an internationally protected person; or
c: a United Nations person the 1973 Convention the 1979 Convention the 1994 Convention United Nations operation
a: if the operation is for the purpose of maintaining or restoring international peace and security; or
b: if the Security Council of the United Nations, or the General Assembly of the United Nations, has declared, for the purposes of the 1994 Convention, that there exists an exceptional risk to the safety of the personnel participating in the operation ; or
c: if the operation is for the purpose of delivering humanitarian, political or development assistance in peace building; or
d: if the operation is for the purpose of delivering emergency humanitarian assistance United Nations person sections 3 to 6
a: a person engaged or deployed by the Secretary-General of the United Nations as a member of the military, police, or civilian components of a United Nations operation; or
b: an official or expert on mission of—
i: the United Nations; or
ii: a specialised agency of the United Nations; or
iii: the International Atomic Energy Agency— who is present in an official capacity in the area where a United Nations operation is being conducted vehicle
2: In paragraph (a)(i) of the definition of the term internationally protected person in subsection (1), the term Head of State 1972 No 137 s 2 Internationally Protected Persons Act 1978 s 1(5) (UK) Section 2(1) replaced 1 March 1999 section 3 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Section 2(1) conviction on indictment repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 2(1) Fugitive Offenders Act 1881 repealed 1 September 1999 section 111 Extradition Act 1999 Section 2(1) United Nations operation amended 7 July 2010 section 5 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Amendment Act 2010 Section 2(1) United Nations operation inserted 7 July 2010 section 5 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Amendment Act 2010 Section 2(1) United Nations operation inserted 7 July 2010 section 5 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Amendment Act 2010 Internationally protected persons and United Nations and associated personnel Heading replaced 1 March 1999 section 4 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998
3: Crimes against persons
1: Without limiting anything in the Crimes Act 1961
a: he or she does the act, or omits to do the act, in New Zealand or outside New Zealand; and
b: he or she does the act, or omits to do the act, to or in relation to a person whom he or she knows to be a person protected by a convention; and
c: the act or omission is one that constitutes, or would, if done or made in New Zealand, constitute,—
i: a crime referred to or described in a provision of the Crimes Act 1961 Schedule 1
ii: an attempt to commit such a crime, if the crime is not itself constituted by a mere attempt.
2: Every one who commits a crime against this section is liable on conviction Crimes Act 1961 Section 3 replaced 1 March 1999 section 4 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Section 3(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
4: Crimes against premises or vehicles
1: Without limiting anything in the Crimes Act 1961
a: he or she does the act, or omits to do the act, in New Zealand or outside New Zealand; and
b: he or she does the act, or omits to do the act, to or in relation to—
i: premises that he or she knows to be the official premises or private residence of a person protected by a convention; or
ii: a vehicle that he or she knows is used by a person protected by a convention; and
c: he or she does the act, or omits to do the act, while such a person is present in those premises or that residence or vehicle; and
d: the act or omission is one that constitutes, or would, if done or made in New Zealand, constitute,—
i: a crime referred to or described in a provision of the Crimes Act 1961 Schedule 2
ii: an attempt to commit such a crime, if the crime is not itself constituted by a mere attempt.
2: Every one who commits a crime against this section is liable on conviction Crimes Act 1961 Internationally Protected Persons Act 1978 s 1(1)(b), (2)(a), (4) (UK) Section 4(1) replaced 1 March 1999 section 5 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Section 4(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
5: Threats against persons
1: Every one commits a crime who threatens to do an act, if—
a: the act constitutes a crime against section 3
b: he or she makes the threat in New Zealand or outside New Zealand; and
c: he or she makes the threat to or in relation to a person whom he or she knows to be an internationally protected person.
1A: Every one commits a crime who threatens to do an act, if—
a: the act constitutes a crime against section 3
b: he or she makes the threat in New Zealand or outside New Zealand; and
c: he or she makes the threat to or in relation to a person whom he or she knows to be a United Nations person or an associated person; and
d: he or she makes the threat with the intention of compelling the person, or any other person, to do or refrain from doing an act.
2: Every one who commits a crime against this section is liable on conviction
a: 7 years; or
b: the term of years prescribed by the relevant provision of the Crimes Act 1961 whichever is the lesser. Internationally Protected Persons Act 1978 s 1(3), (4) (UK) Section 5(1) replaced 1 March 1999 section 6 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Section 5(1A) inserted 1 March 1999 section 6 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Section 5(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
6: Threats against premises or vehicles
1: Every one commits a crime who threatens to do an act, if—
a: the act constitutes a crime against section 4
b: he or she makes the threat in New Zealand or outside New Zealand; and
c: he or she makes the threat to or in relation to—
i: premises that he or she knows to be the official premises or private residence of an internationally protected person; or
ii: a vehicle that he or she knows is used by an internationally protected person.
1A: Every one commits a crime who threatens to do an act, if—
a: the act constitutes a crime against section 4
b: he or she makes the threat in New Zealand or outside New Zealand; and
c: he or she makes the threat to or in relation to—
i: premises that he or she knows to be the official premises or private residence of a United Nations person or an associated person; or
ii: a vehicle that he or she knows is used by a United Nations person or an associated person; and
d: he or she makes the threat with the intention of compelling the person, or any other person, to do or refrain from doing an act.
2: Every one who commits a crime against this section is liable on conviction Internationally Protected Persons Act 1978 s 1(3), (4) (UK) Section 6(1) replaced 1 March 1999 section 7 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Section 6(1A) inserted 1 March 1999 section 7 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Section 6(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
6A: Sections 3 to 6 not to apply to certain United Nations operations
Sections 3 to 6
a: authorised by the Security Council of the United Nations as an enforcement action under Chapter VII of the Charter of the United Nations; and
b: in which United Nations personnel or associated personnel are engaged as combatants against organised armed forces; and
c: to which the law of international armed conflict applies. Section 6A inserted 1 March 1999 section 8 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998
7: Prosecution need not prove certain matters
Notwithstanding anything in sections 3 to 6
a: in respect of—
i: an internationally protected person to whom paragraph (a) or paragraph (c) of the definition of that term in section 2(1)
ii: a United Nations person or an associated person,— that the defendant knew, at the time of the alleged crime, the identity of that person or the capacity in which that person was an internationally protected person, a United Nations person, or an associated person:
b: in respect of any internationally protected person to whom paragraph (b) of that definition applies, that the defendant knew, at the time of the alleged crime, that the internationally protected person was accompanying any other person to whom paragraph (a) of that definition applies:
c: in respect of any internationally protected person to whom paragraph (c) of that definition applies, that the defendant knew, at the time of the alleged crime, that the internationally protected person was entitled under international law to special protection from attack on his person, freedom, or dignity:
d: in respect of any internationally protected person to whom paragraph (d) of that definition applies, that the defendant knew, at the time of the alleged crime, that the internationally protected person was a member of the household of any other person referred to in paragraph (c) of that definition. Section 7(a) replaced 1 March 1999 section 9 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Hostages
8: Hostage-taking
1: Subject to subsection (2), every one commits the crime of hostage-taking who, whether in or outside New Zealand, unlawfully seizes or detains any person (in this section called the hostage
2: No one shall be convicted of the crime of hostage-taking if—
a: the act of hostage-taking takes place in New Zealand; and
b: the alleged offender and the hostage are New Zealand citizens; and
c: the alleged offender is in New Zealand.
3: Every one who commits the crime of hostage-taking is liable on conviction Section 8(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 General provisions
9: Extradition Act amended
Section 9 repealed 1 September 1999 section 111 Extradition Act 1999
10: Crimes deemed to be included in extradition treaties
1: For the purposes of the Extradition Act 1999 section 15 section 104
a: each crime described in section 3 section 4 section 8
i: attempting to commit that crime (where it is not itself constituted by a mere attempt); or
ii: aiding, abetting, inciting, counselling, or procuring any person to commit that crime; or
iii: inciting, counselling, or attempting to procure any person to commit that crime when it is not in fact committed; or
iv: being an accessory after the fact to that crime; and
b: each crime described in section 5 section 6 is, if not already described in the treaty, deemed to be an offence described in any extradition treaty concluded before 12 December 1985 and for the time being in force between New Zealand and any country that is a party to the 1973 Convention or, as the case may require, the 1979 Convention.
2: It under subsection (1) a crime is deemed to be an offence described in an extradition treaty, no person may be surrendered for that crime in accordance with the provisions of the Extradition Act 1999
3: For the purposes of this section, country Section 10 replaced 1 September 1999 section 111 Extradition Act 1999
10A: Further provision on crimes deemed to be included in extradition treaties
1: For the purposes of the Extradition Act 1999 section 15 section 104
a: each crime described in section 3 section 4 section 8
i: attempting to commit that crime (where it is not itself constituted by a mere attempt); or
ii: aiding, abetting, inciting, counselling, or procuring any person to commit that crime; or
iii: inciting, counselling, or attempting to procure any person to commit that crime when it is not in fact committed; or
iv: being an accessory after the fact to that crime; and
b: each crime described in section 5 section 6 is, if not already described in the treaty, deemed to be an offence described in any extradition treaty concluded before the commencement of the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998
2: If under subsection (1) a crime is deemed to be an offence described in an extradition treaty, no person may be surrendered for that crime in accordance with the provisions of the Extradition Act 1999 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998
3: For the purposes of this section, country Section 10A inserted 1 September 1999 section 111 Extradition Act 1999
11: Surrender of offenders
Section 11 repealed 1 September 1999 section 111 Extradition Act 1999
12: Restrictions on surrender
1: Without limiting the grounds on which surrender must or may be refused under the Extradition Act 1999 sections 3 to 8
2: If, in any case to which subsection (1) applies, it is subsequently determined that proceedings should not be brought in New Zealand against the person in respect of the act or omission, the Attorney-General must advise the court accordingly, and the court must proceed with the matter as if the Attorney-General's certificate had never been given.
3: Without limiting the grounds on which surrender must or may be refused under the Extradition Act 1999 Section 12 replaced 1 September 1999 section 111 Extradition Act 1999
13: Further restrictions on surrender of offenders
Section 13 repealed 1 September 1999 section 111 Extradition Act 1999
14: Attorney-General's consent required to prosecutions
1: Subject to subsection (2), no proceedings for the trial and punishment of any person charged with a crime against any of sections 3 to 8
2: A person charged with a crime against any of those provisions 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 crime has not been obtained, but no further proceedings shall be taken until that consent has been obtained. 1972 No 137 s 18
15: Evidence
For any purpose in connection with this Act, a certificate, given by the Secretary of Foreign Affairs and Trade
a: any fact relevant to the question of whether a person was or was not, at any material time, a person protected by a convention; or
b: any fact relevant to the question of whether an operation was or was not, at any material time, a United Nations operation of a kind described in section 6A
ba: that any country is or is not, or was or was not at any material time, a party to the 1973 Convention, the 1979 Convention, or the 1994 Convention; or
c: that the Government of any country is or is not, or was or was not at any material time, responsible for the international relations of any territory,— shall be sufficient evidence of that fact. Internationally Protected Persons Act 1978 s 1(1), (5) (UK) Section 15 amended 1 July 1993 section 6(1) Foreign Affairs Amendment Act 1993 Section 15(a) replaced 1 March 1999 section 12 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Section 15(b) replaced 1 March 1999 section 12 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Section 15(ba) inserted 1 March 1999 section 12 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998
16: Application of certain provisions of Crimes Act
Nothing in section 8 section 400 sections 3 to 8 1972 No 137 s 10
17: Other Acts not affected
Nothing in this Act shall limit or affect the Immigration Act 2009 Aviation Crimes Act 1972 Crimes Act 1961 1972 No 137 s 21 Section 17 amended 29 November 2010 section 406(1) Immigration Act 2009 |
DLM39485 | 1980 | Judicature Amendment Act 1980 | 1: Short Title and commencement
1: This Act may be cited as the Judicature Amendment Act 1980, and shall be read together with and deemed part of the Judicature Act 1908
2: Sections 2 3
3: Except as provided in subsection (2) of this section
2: Age of retirement
1:
2: This subsection amended section 14
3: Notwithstanding subsection (2) of this section Subsection (1) repealed 14 October 1981 section 3(4)(b) Judicature Amendment Act 1981 In subsection (3) subsection (1) omitted 14 October 1981 section 3(3) Judicature Amendment Act 1981
3: Section 3 repealed 17 December 1985 Judicature Amendment Act (No 4) 1985
4: Registrars' seals abolished
Section 50(2)
5: New sections (relating to verdict and discharge of jury in civil cases) inserted
Section 5 repealed 25 December 2008 section 16(3)(d) Juries Amendment Act 2008 |
DLM36902 | 1980 | Reserves and Other Lands Disposal Act 1980 | 1: Short Title and commencement
1: This Act may be cited as the Reserves and Other Lands Disposal Act 1980.
2: This Act shall come into force on the 28th day after the day on which it receives the Governor-General's assent.
2: State forests
Whereas the land to which this section relates is State forest land subject to the Forests Act 1949 And whereas it is desired that it should be declared to be Crown land subject to the Land Act 1948 And whereas section 19(1) And whereas it is desired to ensure that a lease affecting the land to which subsection (3)(f) relates is not affected by the revocation of the State forest status of that land: Be it therefore enacted as follows:
1: The setting apart of the land to which this section relates as State forest land is hereby revoked, and the land is hereby declared to be Crown land subject to the Land Act 1948
2: The revocation of the setting apart as State forest land of the land to which subsection (3)(f) relates shall not affect the validity of the lease entered into on 4 August 1980 on behalf of Her Majesty the Queen, as lessor, and Peter George Smyth, of Wairoa, farmer, as lessee, nor shall it affect the rights and obligations of the lessor and lessee under that lease.
3: This section relates to the following land:
a: all that piece of land situated in the South Auckland Land District, Thames Coromandel District, containing 7.0506 hectares, more or less, being Section 21, Block XIII, Whitianga Survey District, and Section 24, Block IX, Whitianga Survey District, being part of the land comprised and described in the Gazette
b: all those pieces of land situated in the South Auckland Land District, Thames Coromandel District:
i: containing 258.1894 hectares, more or less, being Part Tairua Block, situated in Block II, Tairua Survey District, being part of the land comprised and described in the Gazette
ii: containing 359.3608 hectares, more or less, being Part Tairua Block, situated in Blocks II and VI, Tairua Survey District, being part of the land comprised and described in the Gazette
iii: containing 90.1436 hectares, more or less, being Parts Tairua Block, situated in Blocks II, III, and VI, Tairua Survey District, being part of the land comprised and described in the Gazette
iv: containing 32.2200 hectares, more or less, being Part Section 4, Block XI, Tairua Survey District, being part of the land comprised and described in the Gazette
v: containing 6 730 square metres, more or less, being Parts Wharekawa East 1 and 3 Blocks, situated in Block XI, Tairua Survey District, being part of the land comprised and described in the Gazette
vi: containing 722.7000 hectares, more or less, being Parts Wharekawa East 1 and 3 Blocks, situated in Blocks VI, X, and XI, Tairua Survey District, being part of the land comprised and described in the Gazette
c: all that piece of land situated in the South Auckland Land District, Tauranga County, containing 89.3400 hectares, more or less, being Section 17, Block XIII, Maketu Survey District (SO Plan 50489):
d: all that piece of land situated in the South Auckland Land District, Rotorua District, containing 306.2304 hectares, more or less, being Sections 5, 6, 7, and Part 17, Block XIII, Rotorua Survey District (SO Plans 50697 and 7026 A–D):
e: all those pieces of land situated in the Taranaki Land District, Stratford County:
i: containing 130.1064 hectares, more or less, being Lot 2, DP 5317, situated in Blocks III and VII, Ngatimaru Survey District, being part of the land comprised and described in the Gazette
ii: containing 401.5703 hectares, more or less, being part Lots 1 and 3, DP 5317, situated in Blocks III and VII, Ngatimaru Survey District, part Lots 1B and 3, DP 391, situated in Block VII, Ngatimaru Survey District and part Lot 2, DP 392, situated in Block VIII, Ngatimaru Survey District, being part of the land comprised and described in the Gazettes
f: all that piece of land situated in the Hawkes Bay Land District, Wairoa County, containing 443.0300 hectares, more or less, being Section 19, (formerly Part Lot 1, DP 5021 and Section 20, Block XI, Mohaka Survey District) Block XII, Mohaka Survey District. All CT E3/698 and all T264937 (SO Plan 7335). Subject to the portions of subsoil taken for Railway by Proclamations 1170 and 1219:
g: all that piece of land situated in the Wellington Land District, Rangitikei County, containing 1.3846 hectares, more or less, being Parts Section 39, Rangitikei District, situated in Block XI, Rangitoto Survey District, being part of the land comprised and described in the Gazette
h: all that piece of land situated in the Nelson Land District, Waimea County, containing 4.3960 hectares, more or less, being Part Section 92 bordered by a bold black line on SO Plan 12793, to be known as Section 98, Block X, Wakapuaka Survey District:
i: all that piece of land situated in the Nelson Land District, Waimea County, containing 26.8340 hectares, more or less, being Section 16, Block II, Tadmor Survey District (SO Plan 12762):
j: all that piece of land situated in the Nelson Land District, Waimea County, containing 7.5267 hectares, more or less, being Section 21, Block IV, Hope Survey District (SO Plan 12632):
k: all that piece of land situated in the Nelson Land District, Inangahua County, containing 41.0400 hectares, more or less, being a portion of State Forest in Block XVI, Mawheraiti Survey District, and Block XIII, Waitahu Survey District, and being all the land bordered by a bold black line on SO Plan 12670:
l: all that piece of land situated in the Westland Land District, Westland County, containing 13.3986 hectares, more or less, being Rural Section 5865 (formerly parts Reserve 1622), situated in Block III, Kaniere Survey District, being part of the land comprised and described in the Gazettes
m: all those pieces of land situated in the Canterbury Land District, Ashburton County:
i: containing 29.6988 hectares, more or less, being Part Reserve 3119, situated in Block VII, Alford Survey District, being part of the land comprised and described in the Gazette
ii: containing 29.1373 hectares, more or less, (former area 40.4685 hectares) being Reserve 3312, situated in Block VI, Alford Survey District, being part of the land comprised and described in the Gazette
iii: containing 187.7741 hectares, more or less, (former area 202.3428 hectares) being Reserve 3313, situated in Blocks VI, VII, and XI, Alford Survey District, being part of the land comprised and described in the Gazette
n: all those pieces of land situated in the Southland Land District, Wallace County:
i: containing 7.0197 hectares, more or less, being Section 315, Block XI, Takitimu Survey District, being part of the land comprised and described in the Gazette
ii: containing 2 884 square metres, more or less, being Section 320, Block XI, Takitimu Survey District, being part of the land comprised and described in the Gazette
iii: containing 5.7537 hectares, more or less, being Section 316, Block XI, Takitimu Survey District, being part of the land comprised and described in the Gazette
3: Customhouse, Auckland
Whereas section 3(2) And whereas it is expedient that the administering body should be empowered to grant leases or licences having a greater term with or without any right of renewal, in perpetuity or otherwise: Be it therefore enacted as follows: Section 3
2: The terms and conditions relating to the term of any lease or licence granted under subsection (1), and of any right of renewal to be conferred on the lessee (whether in perpetuity or otherwise), shall be determined by the administering body with the consent of the Minister of Lands.
4: Opotiki library centre
Whereas the land to which this section relates was held by the Opotiki Mechanics' Institute (in this section referred to as the Institute Libraries and Mechanics Institutes Act 1908 And whereas the Institute purported to transfer the land referred to in paragraph (a) of subsection (3) to the Opotiki Borough Council (now known as the Opotiki County Council and in this section referred to as the Council And whereas the Institute purported to transfer the land referred to in paragraph (b) of that subsection to the Council on 27 March 1969: And whereas the land was at those times subject to the Reserves and Domains Act 1953 And whereas the Institute and the Council entered into a deed of trust dated 27 March 1969 relating to the holding and administering of the land referred to in the said paragraph (b) in trust for library centre purposes: And whereas it is desirable that the title of the Council to the land should be confirmed as a reserve for public library centre purposes in respect of the land referred to in paragraph (a) of subsection (3), and as an endowment for public library centre purposes in respect of the land referred to in paragraph (b) of that subsection: Be it therefore enacted as follows:
1: The land referred to in paragraph (a) of subsection (3) is hereby vested in the Council for the purposes of a local purpose reserve (public library centre purposes) subject to the Reserves Act 1977
2: The land referred to in paragraph (b) of that subsection is hereby vested in the Council as an endowment for public library centre purposes subject to existing leases and tenancies, but free from all other trusts, reservations, and restrictions.
3: This section relates to the following land in the Gisborne Land District, Opotiki County, being—
a: all that piece of land comprising 363 square metres, more or less, situated in Block III, Opotiki Survey District, being Lot 4, Deposited Plan 8604 AK, and Lot 5,
b: all that piece of land comprising 3 067 square metres, more or less, situated in Block III, Opotiki Survey District, being Lots 6, 7, 8, 9, 10, 11, 12, and 13, Deposited Plan 11965 AK, and Lot 1, Deposited Plan 5438, being all of the land comprised and described in certificate of title No 4A/154, and certificate of title No 3B/1494 (Gisborne Registry). Section 4(3)(a) amended 19 November 1981 section 4 Reserves and Other Lands Disposal Act 1981
5: Tongariro National Park
Whereas the land to which this section relates is included in the Tongariro National Park: And whereas it is desired to exclude it from the National Park: And whereas section 10(2) of the National Parks Act 1952 Be it therefore enacted as follows:
1: The land to which this section relates is hereby excluded from the Tongariro National Park.
2: This section relates to all those pieces of land in the Wellington Land District, Taumarunui County, containing 51.6354 hectares, more or less, being Sections 2 and 3, Block I, Ruapehu Survey District, and Sections 8, 9, and 10, Block IV, Manganui Survey District (SO Plan 28656).
6: Taranaki Harbours Board
Whereas the land to which this section relates is held by the Taranaki Harbours Board on trust for harbour purposes: And whereas the Board wishes to return the land to the Crown: And whereas the Board does not have power to dispose of land held by it on trust: Be it therefore enacted as follows:
1: The land to which this section relates is hereby vested in the Crown free from all trusts, reservations, and restrictions.
2: This section relates to all that piece of land comprising 4.0469 hectares, more or less, situated in the Taranaki Land District, Taranaki County, being Section 30, Bell District, situated in Block II, Paritutu Survey District, and being all of the land comprised and described in certificate of title No 145/40, limited as to parcels (Taranaki Land Registry) (SO Plan 11588).
7: Egmont National Park
Whereas the land to which this section relates is included in the Egmont National Park: And whereas the land does not meet the criteria established for National Park status: And whereas it is desired to exclude it from the National Park: And whereas the Minister of Lands has referred the proposal to exclude the land from the National Park to the Taranaki Maori Trust Board in accordance with section 6 And whereas section 10(2) of the National Parks Act 1952 Be it therefore enacted as follows:
1: The land to which this section relates is hereby excluded from the Egmont National Park.
2: This section relates to all those pieces of land situated in the Taranaki Land District, Taranaki County:
a: containing 5.0073 hectares, more or less, being Section 188 (formerly part Subdivision 8 of Section 170, and Part Section 170) Oakura District, situated in Block III, Cape Survey District (SO Plan 11600):
b: containing 1.1851 hectares, more or less, being Section 189 (formerly part Subdivision 7 of Section 170, and Part Section 170) Oakura District situated in Block III, Cape Survey District (SO Plan 11600):
c: containing 2 720 square metres, more or less, being Section 190 (formerly part Subdivision 6 of Section 170) Oakura District, situated in Block III, Cape Survey District (SO Plan 11600):
d: containing 9 187 square metres, more or less, being Section 191 (formerly Part Section 170) Oakura District, situated in Block III, Cape Survey District (SO Plan 11600).
8: Parliament grounds
Section 8 repealed 1 July 2000 section 40(1) Parliamentary Service Act 2000
9: Abel Tasman National Park
Whereas the land to which this section relates is included in the Abel Tasman National Park: And whereas the land does not meet the criteria established for National Park status: And whereas it is desired to exclude it from the National Park: And whereas section 10(2) of the National Parks Act 1952 Be it therefore enacted as follows:
1: The land to which this section relates is hereby excluded from the Abel Tasman National Park.
2: This section relates to all those pieces of land situated in the Nelson Land District, Golden Bay County, being:
a: Part Section 8, Block III, Totaranui Survey District, containing 12.1500 hectares, more or less, (shown bordered by a bold black line and marked A on SO Plan 12741):
b: Part Section 12, Block III, Totaranui Survey District, containing 2 600 square metres, more or less, (shown bordered by a bold black line and marked B on SO Plan 12741):
c: Part Section 3, Block V, Totaranui Survey District, containing 2.5360 hectares, more or less, (shown bordered by a bold black line and marked C on SO Plan 12741).
10: Governor-General may declare certain land in Denniston to be Crown land
Whereas the land to which this section relates has been granted in fee simple: And whereas the owners cannot be located and the land has been abandoned: And whereas it is desired that the land should be resumed by Her Majesty, but subject to the right of the owners and any other persons having estates or interests in the land to claim and receive compensation: Be it therefore enacted as follows:
1: Subject to subsections (2) and (3), the Governor-General may, from time to time, by Proclamation made on the recommendation of the Minister of Lands, declare that any land, or any portion of the land, to which this section relates shall, as from a date specified in any such Proclamation, be vested in Her Majesty as Crown land subject to the Land Act 1948
2: No land shall be so declared to be vested in Her Majesty 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.
3: Before recommending the making of a Proclamation under subsection (1), the Minister of Lands shall cause not less than 3 months' notice of his intention to do so to be given in the Gazette
4: If, at any time within 5 years after the date specified in any Proclamation issued under subsection (1), the registered proprietor 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 in the land.
5: Such compensation shall be determined by the Land Settlement Board and shall, without further appropriation than this section, be paid out of money appropriated by Parliament for the purpose.
6: In no case shall such compensation exceed—
a: the value of the claimant's interest in the land; and
b: the value of any improvements existing on the land,— as determined by the Board as at the date of the Proclamation.
7: This section relates to all those pieces of land situated in the Nelson Land District, Buller County, comprising 1.1590 hectares more or less, being sections 1, 2, 5, 8, 22, 27, 30, 32, 47, 48, 49, 51, 53, 54, 57, 58, 115, 123, 124, part Section 28, parts Section 50 and parts Section 127, Town of Denniston, situated in Block VI, Kawatiri Survey District (SO Plan 12601).
11: Mount Aspiring National Park
Whereas section 11 And whereas there is an error in the description of part of that land: And whereas it is necessary to correct that error: Be it therefore enacted as follows: Section 11(2)(b)
12: Transfer of interest in lease in perpetuity
Whereas Simeon Inder, of Blackstone Hill, butcher, was granted a lease in perpetuity over the land to which this section relates on 4 June 1907: And whereas Simeon Inder died intestate and apparently without issue on 6 March 1927: And whereas it appears that the land to which this section relates was occupied and farmed by Herbert Luke Inder of Blackstone Hill, farmer, brother of Simeon Inder, from the date of the granting of the lease until his death on 11 September 1961: And whereas Robert Lyall Inder, son of Herbert Luke Inder, occupied and farmed the land from that date: And whereas public advertising has not resulted in any person claiming an interest in the land: And whereas it is desirable that the interest formerly held in the land by Simeon Inder should be transferred to Robert Lyall Inder: Be it therefore enacted as follows:
1: The interest of Simeon Inder, as lessee, in the lease in perpetuity granted by the Crown to him over the land to which this section relates is hereby transferred to Robert Lyall Inder, nephew of Simeon Inder.
2: This section relates to all that piece of land situated in the Otago Land District, Maniototo County, containing 95.1719 hectares, more or less, being Section 22, Block VI, Blackstone Survey District, subject to LP 1480, Volume 150, folio 61 (Otago Registry).
13: Horseshoe Bend Cemetery
Whereas the land to which this section relates was declared to be a closed cemetery vested in the Tuapeka County Council by a notice dated 10 October 1928 and published in the Gazette And whereas the graves in the cemetery are of historic interest: And whereas it is desirable that the cemetery should be vested in the Crown as a reserve under the Reserves Act 1977 And whereas it is not desirable that the Burial and Cremation Act 1964 Be it therefore enacted as follows:
1: The land to which this section relates is hereby vested in the Crown as a reserve under the Reserves Act 1977
2: Except for sections 51 55 58
3: This section relates to all that piece of land in the Otago Land District, Tuapeka County, comprising 7 461 square metres, more or less, being Section 15, Block XII, Benger Survey District (SO Plan 3185).
14: Otago University endowment lands
Whereas a scheme for sale of certain land held by the University of Otago as an endowment for the University is provided for in section 16 And whereas it is desired to amend the scheme, by removing a provision that allows a reduction in the purchase price to be made where more than 25% of the purchase price is paid as a deposit, by providing for arbitration on the purchase price of land sold under the scheme, by providing for a reduction in the purchase price to be made in recognition of the value of the lessees' goodwill in the leases of the land, and by empowering the Land Settlement Board to determine the date as at which the determinations of the purchase price and goodwill are to be made: Be it therefore enacted as follows:
(1): Section 16(4)
c: the licence shall be for such period as may be fixed by the Council of the University, being not less than 10 years and not greater than 20 years, commencing on the 1 January or the 1 July next following the date of the licence:
2: Section 16
6: Where the District Field Officer declines to confirm the purchase price determined by the registered valuer under subsection (5), the purchase price shall be fixed by arbitration in accordance with the provisions of the Arbitration Act 1908.
7: For the purposes of such arbitration subsection (6) shall be deemed to be a submission within the meaning of the Arbitration Act 1908 and the reference shall be deemed to be to 2 arbitrators, 1 to be a registered valuer appointed by the Council of the University, and the other to be a registered valuer appointed by the Director-General of Lands.
7A: The purchase price of any land to be sold under this section shall be reduced by the value (if any) of the purchaser's goodwill in any lease held by him over that land, as determined by the Commissioner of Crown Lands, Dunedin.
7B: Every determination of a purchase price or of goodwill under subsection (5) or subsection (6) or subsection (7A) shall be made as at a date determined by the Land Settlement Board, being a date not later than the date on which the agreement to sell the land is entered into under subsection (1).
15: Otago Harbour Board
Whereas the land to which this section relates was reclaimed by the Otago Harbour Board in or about 1917: And whereas the land has not been vested in the Board nor in any other person: And whereas the Board has purported to grant leases of some of the land: And whereas it is expedient that the land be vested in the Board and that the validity of the leases granted by the Board be confirmed: Be it therefore enacted as follows:
1: The land to which this section relates is hereby vested in the Otago Harbour Board.
2: Every lease that has been granted by the Otago Harbour Board in respect of the land is hereby declared to be as valid as it would be if the land had been vested in the Board at the time when the lease was granted.
3: This section relates to all that piece of land situated in the Otago Land District, Dunedin City, comprising 1.7751 hectares, more or less, being Section 5 (formerly Part Otago Harbour) Block LXXVIII, Town of Dunedin, Otago Land District (SO Plan 19405).
16: Repeal of Lands Improvement and Native Lands Acquisition Act 1894
Whereas the Lands Improvement and Native Lands Acquisition Act 1894 And whereas it appears that the provisions of that Act are spent: And whereas it is desirable to repeal that Act and the regulations made under that Act: Be it therefore enacted as follows:
1: The Lands Improvement and Native Lands Acquisition Act 1894
2: The following regulations are hereby revoked:
a: the Lands Improvement and Native Land Acquisition Regulations 1909 ( Gazette
b: the Lands Improvement and Native Land Acquisition Regulations 1911 ( Gazette
c: the Land Improvement and Native Land Acquisition Regulations 1914 ( Gazette
17: Entries in registers
District Land Registrars are hereby authorised and directed to make such entries in their respective registers, and do all such other things, as may be necessary to give full effect to the provisions of this Act. |
DLM39722 | 1980 | Family Proceedings Act 1980 | 1: Short Title and commencement
1: This Act may be cited as the Family Proceedings Act 1980.
2: Except as provided in subsection (3) and in section 190(3)
3: Sections 144 to 146 149
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 March 1986 clause 2 Family Proceedings Act (United Nations Convention) Commencement Order 1986 Section 1(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
In this Act, unless the context otherwise requires,— affiliation order blood sample
a: a fingerprick sample (that is, a sample of capillary blood taken from the tip of a finger or thumb); or
b: a venous sample (that is, a sample of venous blood); or
c: any other sample of blood buccal sample certified copy child of the de facto relationship child of the marriage
a: in relation to a marriage (other than a void marriage)—
i: means a child of both spouses together; and
ii: includes, in relation to any proceedings under this Act, a child (whether or not a child of either spouse) who was a member of the family of the spouses at the time when they ceased to live together or at the time immediately preceding the institution of the proceedings, whichever first occurred; and
b: in relation to a void marriage—
i: means a child of the parties to the void marriage; and
ii: includes, in relation to any proceedings under this Act, a child (whether or not a child of either party to the void marriage) who was a member of the family of the parties to the void marriage at the time when those parties ceased to live together or at the time immediately preceding the institution of the proceedings, whichever first occurred Commonwealth country
a: the Republic of Ireland; and
b: a territory for whose international relations the Government of a country that is a member of the Commonwealth is responsible; and
c: the Cook Islands; and
d: Niue; and
e: Tokelau Convention country
a: means a country that is a party to the United Nations Convention for the Recovery of Maintenance Abroad done at New York on 20 June 1956; but
b: does not include Australia country court Part 8 deduction notice section 110 designated country section 135 DNA profile person A
a: that is clearly identifiable as relating to person A; and
b: that is able to be compared with information obtained from an analysis (using the same technique) of another sample of genetic material obtained from another person ( person B domestic benefit
a: sole parent support granted under the Social Security Act 2018
b: jobseeker support granted under the Social Security Act 2018
c: an emergency benefit granted under that Act, and that corresponds to a benefit in paragraph (a) or (b) Family Court section 4 Family Court Judge section 5 Family Court Act 1980 interim order section 82 maintenance
a: in respect of a child, provision for the child's education and training to the extent of the child's ability and talents; and
b: in respect of a deceased person, the cost of the deceased person's funeral maintenance agreement
a: a written agreement made between spouses or civil union partners
b: a written agreement made between the parties to a marriage or civil union
c:
d: a written agreement made between any persons who acknowledge themselves to be the parents of a child; and providing for the payment by either parent of a periodical sum of money or lump sum of money or both towards the maintenance of the other parent, where the parties—
i: are not married to , or in a civil union with,
ii: have never been married to , or in a civil union with, , or in a civil union with, or civil union
e: whether or not the document in which an agreement to which paragraph (a) or paragraph (b) or paragraph (d) or civil union the role of providing day-to-day care for a child maintenance order
a: means an order or interim order made under Part 6
i:
ii: in Part 8
iii: in Part 8 section 78(1)(b) or (2)
b: where an order within the meaning of paragraph (a) has been varied, means the order as varied and all orders by which it has been varied marriage
a: is entered into outside New Zealand; and
b: is at any time polygamous,— where the law of the country in which each of the parties is domiciled at the time of the union then permits polygamy parentage tests paternity order section 51 proceedings property report on parentage tests section 54 responsible authority Part 8 Secretary Ministry of Justice separation order Part 3 social worker
a: a social worker employed as such department for the time being responsible for the administration of the Oranga Tamariki Act 1989
b: a community officer appointed under section 4
c: an honorary community officer appointed under section 5 1963 No 71 s 2; 1968 No 62 ss 2, 3, 54, 61, 80, 94; 1971 No 59 s 9(1) Section 2 approved marriage or civil union guidance organisation or counselling organisation repealed 31 March 2014 section 4(a) Family Proceedings Amendment Act (No 2) 2013 Section 2 attachment order repealed 31 March 2014 section 4(b) Family Proceedings Amendment Act (No 2) 2013 Section 2 blood sample inserted 1 July 2005 section 150 Care of Children Act 2004 Section 2 blood tests repealed 1 July 2005 section 150 Care of Children Act 2004 Section 2 buccal sample inserted 1 July 2005 section 150 Care of Children Act 2004 Section 2 charging order repealed 31 March 2014 section 4(c) Family Proceedings Amendment Act (No 2) 2013 Section 2 child of the civil union repealed 31 March 2014 section 4(d) Family Proceedings Amendment Act (No 2) 2013 Section 2 child of the de facto relationship inserted 1 July 2005 section 149 Care of Children Act 2004 Section 2 child of the marriage replaced 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 2 Convention country replaced 1 July 2000 section 37 Child Support Amendment Act 1999 Section 2 counsellor repealed 31 March 2014 section 4(e) Family Proceedings Amendment Act (No 2) 2013 Section 2 DNA profile inserted 1 July 2005 section 150 Care of Children Act 2004 Section 2 domestic benefit replaced 26 November 2018 section 459 Social Security Act 2018 Section 2 employer repealed 31 March 2014 section 4(f) Family Proceedings Amendment Act (No 2) 2013 Section 2 family chattels repealed 31 March 2014 section 4(g) Family Proceedings Amendment Act (No 2) 2013 Section 2 Family Court replaced 1 March 2017 section 261 District Court Act 2016 Section 2 Family Court Judge amended 1 March 2017 section 261 District Court Act 2016 Section 2 family home repealed 31 March 2014 section 4(h) Family Proceedings Amendment Act (No 2) 2013 Section 2 maintenance agreement amended 1 July 2005 section 151 Care of Children Act 2004 Section 2 maintenance agreement amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 2 maintenance agreement amended 1 July 1992 Family Proceedings Amendment Act 1991 Section 2 maintenance agreement amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 2 maintenance agreement amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 2 maintenance agreement repealed 1 July 1992 Family Proceedings Amendment Act 1991 Section 2 maintenance agreement amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 2 maintenance agreement amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 2 maintenance agreement repealed 1 July 1992 Family Proceedings Amendment Act 1991 Section 2 maintenance order repealed 1 July 1992 Family Proceedings Amendment Act 1991 Section 2 matrimonial home repealed 1 February 2002 section 3 Family Proceedings Amendment Act 2001 Section 2 mediation conference repealed 31 March 2014 section 4(i) Family Proceedings Amendment Act (No 2) 2013 Section 2 parentage tests inserted 1 July 2005 section 150 Care of Children Act 2004 Section 2 registered maintenance agreement repealed 1 July 1992 Family Proceedings Amendment Act 1991 Section 2 report on blood tests repealed 1 July 2005 section 150 Care of Children Act 2004 Section 2 report on parentage tests inserted 1 July 2005 section 150 Care of Children Act 2004 Section 2 salary wages repealed 31 March 2014 section 4(j) Family Proceedings Amendment Act (No 2) 2013 Section 2 Secretary inserted 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 2 Secretary amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 2 social worker replaced 1 April 1990 section 36(3) Social Welfare (Transitional Provisions) Act 1990 Section 2 social worker amended 7 August 2020 section 135 Public Service Act 2020 Section 2 social worker amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2 social worker amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
3: Act to bind the Crown
Subject to sections 117 120 1963 No 71 s 86; 1968 No 62 s 4
1: Administration
4: Jurisdiction of courts
Subject to sections 27 29 32 37 48 the District Court, and the Family Court
a: where at the commencement of the proceedings, any party to the proceedings resides or is domiciled in New Zealand:
b: in the case of proceedings relating to a child, where at the commencement of the proceedings—
i: any party to the proceedings resides or is domiciled in New Zealand; or
ii: the child resides in New Zealand. 1968 No 62 s 5 Section 4 amended 1 March 2017 section 261 District Court Act 2016
5: Marriage or civil union guidance or counselling organisations
Section 5 repealed 31 March 2014 section 5 Family Proceedings Amendment Act (No 2) 2013
6: Maintenance officers
Section 6 repealed 1 July 1992 Family Proceedings Amendment Act 1991
7: Functions of maintenance officers
Section 7 repealed 1 July 1992 Family Proceedings Amendment Act 1991
2: Dispute resolution
Part 2 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
7A: Definition of marriage
Section 7A repealed 1 July 2005 section 149 Care of Children Act 2004
8: Duty of legal advisers to promote reconciliation and conciliation
Section 8 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013 Counselling Heading repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
9: Requests for counselling
Section 9 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
10: Counselling where proceedings commenced
Section 10 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
11: Reference to counsellor
Section 11 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
12: Duty on counsellors
Section 12 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
12A: Number of sessions of counselling
Section 12A repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
12B: Counselling fees and expenses
Section 12B repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013 Mediation conferences Heading repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
13: Mediation conference
Section 13 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
14: Procedure at mediation conference
Section 14 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
15: Power of chairperson to make consent orders
Section 15 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
16: Proceedings after mediation conference
Section 16 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
17: Power to require attendance for counselling or mediation
Section 17 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
18: Privilege
Section 18 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
19: Duty of courts as to reconciliation and conciliation
Section 19 repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
19A: Circumstances where joint counselling not to be required
Section 19A repealed 31 March 2014 section 6 Family Proceedings Amendment Act (No 2) 2013
3: Separation
20: Application for separation order
Either party to a marriage or civil union 1968 No 62 s 19(1) Section 20 amended 26 April 2005 section 44(1) Civil Union Act 2004
21: Power of Family Court to make separation order
Every application for a separation order shall be heard and determined in the Family Court 1968 No 62 s 19(1) Section 21 amended 1 March 2017 section 261 District Court Act 2016
22: Grounds for separation order
In proceedings for a separation order, the Family Court or civil union 1968 No 62 s 19(1)(a); 1971 No 59 s 2 Section 22 amended 1 March 2017 section 261 District Court Act 2016 Section 22 amended 26 April 2005 section 44(1) Civil Union Act 2004
23: Effect of separation order
So long as a separation order remains in force, neither party to the marriage or civil union or civil union or civil union 1968 No 62 s 20 Section 23 amended 26 April 2005 section 44(1) Civil Union Act 2004
24: Discharge of separation order on resumption of cohabitation
1: Subject to section 40
a: the married couple , or the civil union partners a married couple or as civil union partners
b: the order is discharged by the court under section 25
2: Without limiting the provisions of paragraph (a) of subsection (1), either spouse , or either civil union partner, the Family Court 1968 No 62 s 21 Section 24(1)(a) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 24(1)(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 24(2) amended 1 March 2017 section 261 District Court Act 2016 Section 24(2) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 24(2) amended 26 April 2005 section 44(2) Civil Union Act 2004
25: Discharge of separation order by court
1: Subject to subsection (2), the Family Court
2: The court shall not discharge the order if an application for dissolution of marriage or dissolution of civil union 1968 No 62 s 22 Section 25(1) amended 1 March 2017 section 261 District Court Act 2016 Section 25(2) amended 26 April 2005 section 44(2) Civil Union Act 2004
26: Effect of separation order on property rights
1: If, while a separation order is in force, either spouse or civil union partner
2: Notwithstanding subsection (1),—
a: in any case to which that subsection applies the High Court, on the application of the survivor made within the time specified in the Family Protection Act 1955 spouse or civil union partner
b: the provisions of that Act, as far as they are applicable and with the necessary modifications, shall apply with respect to every application under this subsection. 1968 No 62 s 24(2)–(3) Section 26(1) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 26(2)(a) amended 26 April 2005 section 44(2) Civil Union Act 2004
4: Proceedings relating to the status of marriage
or civil union Part 4 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Validity of marriage or civil union Heading amended 26 April 2005 section 44(1) Civil Union Act 2004
27: Application for declaration as to validity of marriage
or civil union
1: An application for a declaration whether, according to the law of New Zealand,—
a: a marriage or civil union
b: a marriage or civil union may be made by any person, whether or not that person is a party to the marriage or civil union or civil union
2: An application under this section may be made whether or not any other relief is claimed under this Act. 1963 No 71 s 17(1), (3) Section 27 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 27(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 27(1)(a) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 27(1)(b) amended 26 April 2005 section 44(1) Civil Union Act 2004
28: Power of Family Court to make declaration as to validity of marriage
or civil union
1: Subject to subsection (2), every application under section 27 the Family Court
2: The jurisdiction to make a declaration on an application under section 27 the Family Court
3: Section 4 section 27 1963 No 71 s 17(1)–(2) Section 28 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 28(1) amended 1 March 2017 section 261 District Court Act 2016 Section 28(2) amended 1 March 2017 section 261 District Court Act 2016 Void marriages and civil unions Heading amended 26 April 2005 section 44(2) Civil Union Act 2004
29: Application for order declaring marriage
or civil union An application for an order declaring a marriage or civil union ab initio or civil union
a: where the applicant or the respondent is domiciled or resident in New Zealand at the time of the filing of the application; or
b: where the marriage or civil union 1963 No 71 s 6 Section 29 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 29 amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 29(b) amended 26 April 2005 section 44(1) Civil Union Act 2004
30: Power of Family Court to make order declaring marriage
or civil union Every application under section 29 the Family Court 1963 No 71 s 6 Section 30 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 30 amended 1 March 2017 section 261 District Court Act 2016
31: Grounds on which marriage
or civil union
1: A marriage or civil union ab initio or civil union
a: in the case of a marriage or civil union
i: at the time of the solemnisation of the marriage or civil union, either party was already married or in a civil union; or
ia: at the time of the solemnisation of the marriage or civil union, 1 of the parties to the marriage or civil union was under the age of 16 years; or
ib: at the time of the solemnisation of the marriage, 1 of the parties to the marriage was aged 16 or 17 years and the consent of a Family Court Judge required under section 18
ic: at the time of the solemnisation of the civil union, 1 of the parties to the civil union was aged 16 or 17 years and the consent of a Family Court Judge required under section 19
ii: by reason of duress, mistake, or insanity, or for any other reason, there was at the time of the marriage or civil union or civil union
iii: the parties to the marriage are within the prohibited degrees of relationship set out in Schedule 2 section 15(2)
iv: the parties to the civil union are within the prohibited degrees of civil union set out in Schedule 2 section 10
b: in the case of a marriage or civil union or civil union or civil union or civil union ; or
c: in the case of a civil union that is governed by New Zealand law so far as it relates to the formalities of civil union, the parties knowingly and wilfully entered into a civil union without a licence, or in the absence of a Registrar (as defined in section 3
2: Nothing in subsection (1) shall affect the law as to the validity in New Zealand of a marriage or civil union the Family Court or civil union ab initio 1963 No 71 s 7(1)–(2) Section 31 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 31(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 31(1)(a) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 31(1)(a)(i) replaced 26 April 2005 section 44(2) Civil Union Act 2004 Section 31(1)(a)(ia) inserted 14 August 2018 section 34(1) Minors (Court Consent to Relationships) Legislation Act 2018 Section 31(1)(a)(ib) inserted 14 August 2018 section 34(1) Minors (Court Consent to Relationships) Legislation Act 2018 Section 31(1)(a)(ic) inserted 14 August 2018 section 34(1) Minors (Court Consent to Relationships) Legislation Act 2018 Section 31(1)(a)(ii) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 31(1)(a)(iv) inserted 26 April 2005 section 44(2) Civil Union Act 2004 Section 31(1)(b) amended 14 August 2018 section 34(2) Minors (Court Consent to Relationships) Legislation Act 2018 Section 31(1)(b) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 31(1)(b) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 31(1)(c) inserted 26 April 2005 section 44(2) Civil Union Act 2004 Section 31(2) amended 1 March 2017 section 261 District Court Act 2016 Section 31(2) amended 26 April 2005 section 44(1) Civil Union Act 2004 Presumption of death
32: Application for declaration of presumption of death
Any married person , or party to a civil union, or civil union or civil union 1963 No 71 s 19(1) Section 32 amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 32 amended 26 April 2005 section 44(2) Civil Union Act 2004
33: Power of Family Court to make declaration of presumption of death
Every application under section 32 the Family Court 1963 No 71 s 19(1)–(2) Section 33 amended 1 March 2017 section 261 District Court Act 2016
34: Grounds for making declaration of presumption of death
In proceedings on an application under section 32 the Family Court or civil union or civil union 1963 No 71 s 19(2) Section 34 amended 1 March 2017 section 261 District Court Act 2016 Section 34 amended 26 April 2005 section 44(1) Civil Union Act 2004
35: Evidence of death
In proceedings on an application under section 32 or civil union 1963 No 71 s 19(3) Section 35 amended 26 April 2005 section 44(1) Civil Union Act 2004
36: Application of other provisions
The rules of law relating to an application for an order dissolving a marriage or civil union or civil union section 32 section 34 1963 No 71 s 19(4) Section 36 amended 26 April 2005 section 44(1) Civil Union Act 2004 Dissolution of marriage or civil union Heading amended 26 April 2005 section 44(1) Civil Union Act 2004
37: Application for dissolution of marriage
or civil union
1: An application for an order dissolving a marriage or civil union
a: by either party to the marriage or civil union
b: jointly by both parties to the marriage or civil union
2: An application under subsection (1) may be made only where, at the time of the filing of the application, at least one party to the marriage or civil union
3: For the purposes of sections 38(2) 42 174(3) or civil union 1963 No 71 ss 18(1), 20 Section 37 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 37(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 37(1)(a) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 37(1)(b) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 37(2) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 37(3) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 37(3) amended 1 July 1994 Family Proceedings Amendment Act 1994
38: Power to make order for dissolution
1: Subject to subsection (2), every application for an order dissolving a marriage or civil union the Family Court
2: A Registrar may make an order dissolving a marriage or civil union
a: the proceedings are undefended; and
b: in the case of a joint application, both applicants consent to the order being made in their absence; and
c: in the case of an application other than a joint application, the applicant consents to the order being made in his or her absence and the respondent has not requested an appearance; and
d: the application for the order is accompanied by an affidavit stating—
i: that the ground for the order is established under section 39(2)
ii: that the provisions of section 45(1A)
3: If there is a change of circumstances between the time of the filing of the application for the order and the date on which an order made under subsection (2) takes effect as a final order, either party may seek a hearing at any time before the order takes effect as a final order notwithstanding that the person consented to the order being made in his or her absence or did not request an appearance. Section 38 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 38 replaced 1 July 1994 Family Proceedings Amendment Act 1994 Section 38(1) amended 1 March 2017 section 261 District Court Act 2016 Section 38(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 38(2) amended 26 April 2005 section 44(1) Civil Union Act 2004
39: Grounds for dissolution
1: An application for an order dissolving a marriage or civil union or civil union
2: The ground for the order is established in law if, and only if, the court is satisfied that the parties to the marriage or civil union or civil union
3: A separation order or a separation agreement (whether made by deed or other writing or orally) in full force for the period of 2 years immediately preceding the filing of an application for an order dissolving a marriage or civil union
4: Where the ground for the making of the order is established under subsection (2), the court shall, subject to section 45 or civil union Section 39 replaced 11 June 1985 Family Proceedings Amendment Act (No 2) 1985 Section 39 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 39(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 39(2) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 39(3) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 39(4) amended 26 April 2005 section 44(1) Civil Union Act 2004
40: Effect of resumption of cohabitation
For the purposes of sections 24 39 or civil union connection 1963 No 71 s 26; 1968 No 60 s 3 Section 40 amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 40 amended 26 April 2005 section 44(2) Civil Union Act 2004
41: Effect of
sexual connection For the purposes of section 39 or civil union connection Section 41 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 41 amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 41 amended 26 April 2005 section 44(2) Civil Union Act 2004
42: Orders dissolving marriage
or civil union
1: An order dissolving a marriage or civil union
a: if made by the Family Court in undefended proceedings, shall take effect as a final order on being made; and
b: if made in defended proceedings, shall, subject to subsections (2) and (3), take effect as a final order at the expiration of 1 month from the date on which it is made; and
c: if made by a Registrar in undefended proceedings, shall, subject to subsection (4), take effect as a final order at the expiration of 1 month from the date on which it is made.
2: Where a party to any defended proceedings for an order dissolving a marriage or civil union section 174 or civil union
a: the order shall not take effect as a final order while the appeal is pending:
b: if, before the expiration of 1 month from the date on which the order was made, the appeal is withdrawn, abandoned, or dismissed or the order is confirmed by the High Court, the order shall take effect as a final order at the expiration of 1 month from the date on which it was made:
c: if, after the expiration of 1 month from the date on which the order was made, the appeal is withdrawn, abandoned, or dismissed or the order is confirmed by the High Court, the order shall take effect as a final order on the withdrawal, abandonment, or dismissal of the appeal or on the confirmation of the order by the High Court, as the case may be:
d: if the order is set aside or quashed by the High Court, the order shall not take effect as a final order.
3: Where an order dissolving a marriage or civil union or civil union
4: Where a party to any undefended proceedings for an order dissolving a marriage or civil union section 38(3)
a: the order shall not take effect as a final order while the hearing is pending:
b: if the order is confirmed by the Family Court, the order shall take effect as a final order on the confirmation of the order by the Family Court:
c: if the order is quashed or set aside by the Family Court, the order shall not take effect as a final order. 1963 No 71 ss 18(5), 33, 34 Section 42 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 42(1) replaced 1 July 1994 Family Proceedings Amendment Act 1994 Section 42(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 42(2) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 42(3) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 42(4) inserted 1 July 1994 Family Proceedings Amendment Act 1994 Section 42(4) amended 26 April 2005 section 44(1) Civil Union Act 2004
43: Entering new relationship after dissolution
1: Where an order dissolving a marriage has taken effect as a final order, the parties to the marriage may marry again and may enter into a civil union
2: When an order dissolving a civil union has taken effect as a final order, the parties to the civil union may enter into a civil union again and may, if otherwise eligible, enter into a marriage. 1963 No 71 s 35 Section 43 heading replaced 26 April 2005 section 44(2) Civil Union Act 2004 Section 43(1) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 43(2) inserted 26 April 2005 section 44(2) Civil Union Act 2004 Overseas orders
44: Recognition of overseas orders
1: The validity of a decree or order or legislative enactment for divorce or dissolution or nullity of marriage or civil union
a: one or both of the parties were domiciled in that country at the time of the decree, order, or enactment; or
b: that overseas court or legislature or public authority has exercised jurisdiction—
i: in any case, on the basis of the residence of one or both of the parties to the marriage or civil union
ii: in any case, on the basis that one or both of the parties to the marriage or civil union
iii: in any case, on the basis that the spouse or civil union partner has been deserted by his or her spouse or civil union partner, or that one spouse or civil union partner has been deported and the other spouse or partner was, immediately before the desertion or deportation, domiciled in that country; or
iv: in any case, on the basis that the spouses or civil union partners were legally separated, whether by an order of a competent court or by agreement, and that one of the spouses or partners was, at the date of the order or agreement, domiciled in that country; or
v: in a case of nullity of marriage or civil union or civil union or civil union
c: the decree or order or enactment is recognised as valid in the courts of a country in which at least one of the parties to the marriage or civil union
2: Nothing in this section shall affect the validity of a decree or order or legislative enactment for divorce or dissolution or nullity of marriage or civil union or civil union 1963 No 71 s 82; 1968 No 60 s 12 Section 44(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 44(1)(b)(i) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 44(1)(b)(ii) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 44(1)(b)(iii) replaced 26 April 2005 section 44(2) Civil Union Act 2004 Section 44(1)(b)(iv) replaced 26 April 2005 section 44(2) Civil Union Act 2004 Section 44(1)(b)(v) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 44(1)(c) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 44(2) amended 26 April 2005 section 44(1) Civil Union Act 2004
5: Children
Welfare of children
45: Arrangements for welfare of children on dissolution
1: The Family Court or civil union
a: arrangements have been made for the day-to-day care or civil union
b: it is impracticable for the party or parties appearing before the court to make any such arrangement; or
c: there are special circumstances justifying the making of an order dissolving the marriage or civil union
1A: A Registrar shall not make an order dissolving a marriage or civil union day-to-day care or civil union
2: The Family Court or civil union or civil union
3: No order dissolving a marriage or civil union
a: any provision of subsections (1), (1A),
b: any information that is relevant for the purposes of those subsections has not been supplied to the court; or
c: any information that has been supplied is incomplete, incorrect, or misleading; or
d: any undertaking that is given under subsection (2) has not been carried out. 1963 No 71 s 49; 1968 No 60 s 5 Section 45 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 45(1) amended 1 March 2017 section 261 District Court Act 2016 Section 45(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 45(1)(a) amended 1 July 2005 section 151 Care of Children Act 2004 Section 45(1)(a) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 45(1)(c) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 45(1A) inserted 1 July 1994 Family Proceedings Amendment Act 1994 Section 45(1A) amended 1 July 2005 section 151 Care of Children Act 2004 Section 45(1A) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 45(2) amended 1 March 2017 section 261 District Court Act 2016 Section 45(2) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 45(3) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 45(3)(a) amended 1 July 1994 Family Proceedings Amendment Act 1994
46: Reports as to children
1: In any proceedings under this Act relating to a child the court may request a social worker to submit to the court a written report on the arrangements that are proposed by the parties to the proceedings, or either of them, for the day-to-day care
2: The social worker shall report accordingly.
3: The Registrar of the court shall give a copy of the report—
a: to every barrister or solicitor appearing for a party to the proceedings; and
b: to any barrister or solicitor representing a child who is involved in the proceedings; and
c: where a party to the proceedings is not represented by a barrister or solicitor, to that party.
4: Any party may tender evidence on any matter referred to in the report.
5: At the request of the court, the social worker shall appear as a witness in respect of any matter referred to in or arising out of the report. 1963 No 71 s 50; 1968 No 62 s 8(1), (3), (4) Section 46(1) amended 1 July 2005 section 151 Care of Children Act 2004 Determination of paternity
47: Applications for paternity orders
1: An application for a paternity order in respect of a child may be made:
a: in any case, by the mother of the child; or
b: where the mother is under the age of 16 years, by any person having custody of , or who has the role of providing day-to-day care for,
c: with the consent in writing of the mother, by a social worker; or
d: where the child has been born, and the mother is dead, or has abandoned the child, or is for any reason unable to make an application herself,—
i: by a parent of the mother; or
ii: by a guardian of the child; or
iii: by a social worker; or
iv: with the leave of the court, by any other person.
2: An application for a paternity order in respect of a child may be made only against a male who—
a: is not married to , or in a civil union with,
b: has never been married to , or in a civil union with, , or in a civil union with, or civil union 1968 No 62 ss 45, 47 Section 47(1)(b) amended 1 July 2005 section 151 Care of Children Act 2004 Section 47(2)(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 47(2)(b) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 47(2)(b) amended 26 April 2005 section 44(2) Civil Union Act 2004
48: Jurisdiction to establish paternity
An application for a paternity order in respect of a child (whether it is born, unborn, living, or dead) may be made only where at the time of the filing of the application—
a: the mother of the child resides or is domiciled in New Zealand; or
b: the respondent in the proceedings resides or is domiciled in New Zealand; or
c: the mother is dead and the child resides in New Zealand. 1968 No 62 ss 45, 46
49: Time limit on applications for paternity orders
1: Subject to subsection (2), no application for a paternity order in respect of a child may be made after the expiration of 6 years from the birth of the child.
2: An application for a paternity order in respect of a child may be made after the expiry of the period specified in subsection (1)—
a: where at any time within the 2 years immediately preceding the making of the application, the respondent has—
i: contributed to or made provision for the maintenance of the child; or
ii: lived with the mother as if he were her husband or civil union partner
b: where at any time before the making of the application, the respondent has admitted expressly or by implication that he is the father of the child :
c: where, at any time before 1 July 1992, the respondent has been named as a liable parent for the purposes of sections 27I to 27ZI Child Support Act 1991
3: For the purposes of computing any period specified in this section, no account shall be taken of any period during which the respondent is absent from New Zealand. 1968 No 62 s 48; 1971 No 59 s 8 Section 49(2)(a)(ii) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 49(2)(b) amended 1 July 1992 Family Proceedings Amendment Act 1991 Section 49(2)(c) inserted 1 July 1992 Family Proceedings Amendment Act 1991
50: Power of Family Court to make paternity orders
1: Every application for a paternity order in respect of a child shall be heard and determined in the Family Court
2: Nothing in subsection (1) or in sections 47 48 49 51 52 1968 No 62 ss 46, 47 Section 50(1) amended 1 March 2017 section 261 District Court Act 2016
51: Paternity orders
1: On hearing an application for a paternity order made under section 47
a: must, if it is satisfied that the respondent is the father of the child, make an order declaring that the respondent is the father of the child; and
b: may, if it is satisfied (either on its own initiative or on an application for the purpose by a party to the proceedings) that the respondent is not the father of the child, make an order declaring that the respondent is not the father of the child.
2: For the purposes of proceedings under section 74 1968 No 62 ss 51, 52 Section 51(1) replaced 1 July 2005 section 17 Status of Children Amendment Act 2004
52: Evidence of mother
1: The evidence of the mother of a child shall not be necessary for the making of a paternity order in respect of the child.
2: If the mother of the child gives evidence, no corroboration of her evidence shall be necessary for the making of a paternity order in respect of the child. 1968 No 62 s 49 Section 52(2) replaced 6 November 1986 Family Proceedings Amendment Act 1986
53: False statement in application for paternity order
Every person commits an offence and is liable on section 108 1968 No 62 s 127 Section 53 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Parentage tests in civil proceedings Heading amended 1 July 2005 section 150 Care of Children Act 2004
54: Parentage
1: In any civil proceedings (whether under this Act or not) in which the parentage of a child is in issue,—
a: the court may, of its own motion or on the application of a party to the proceedings, recommend that parentage
i: the child; and
ii: any person who may be a natural parent of the child— and that a report of the results be compiled, by a person who is qualified to compile such a report, and submitted to the court; and
b: whether or not the court has made a recommendation under paragraph (a), the court may, of its own motion or on the application of a party to the proceedings, adjourn the proceedings in order to allow time for such parentage
2: For the purposes of this section,—
a: parentage
b: the consent of a minor who has attained the age of 16 years to submit to parentage 1968 No 62 s 50(1) Section 54 heading amended 1 July 2005 section 150 Care of Children Act 2004 Section 54(1)(a) amended 1 July 2005 section 150 Care of Children Act 2004 Section 54(1)(b) amended 1 July 2005 section 150 Care of Children Act 2004 Section 54(2)(a) amended 1 July 2005 section 150 Care of Children Act 2004 Section 54(2)(b) amended 1 July 2005 section 150 Care of Children Act 2004
55: Contents of report
1: A report on parentage tests
a: shall state the qualifications of the person making the report; and
b: shall include or be accompanied by a statement showing the circumstances in which a blood sample or buccal sample
c: must state the systems used to analyse the blood sample or buccal sample, for example,—
i: any of the following systems for analysing blood samples, namely, ABO, Rh, MNSs, Duffy, Kidd, Kell, Haptoglobins, Gc's, and phosphoglucomutase; or
ii: a system of comparison of DNA profiles for analysing blood samples or buccal samples; and
d:
e: shall state the results of the parentage
f: shall state, in relation to each person to whom the report relates (other than the child), whether the results of the parentage
2: Where parentage parentage
3: Where a report on parentage
4: A written statement so obtained shall be deemed to form part of the report. 1968 No 62 s 50(5), (7) Section 55(1) amended 1 July 2005 section 150 Care of Children Act 2004 Section 55(1)(b) amended 1 July 2005 section 150 Care of Children Act 2004 Section 55(1)(c) replaced 1 July 2005 section 150 Care of Children Act 2004 Section 55(1)(d) repealed 1 July 2005 section 150 Care of Children Act 2004 Section 55(1)(e) amended 1 July 2005 section 150 Care of Children Act 2004 Section 55(1)(f) amended 1 July 2005 section 150 Care of Children Act 2004 Section 55(2) amended 1 July 2005 section 150 Care of Children Act 2004 Section 55(3) amended 1 July 2005 section 150 Care of Children Act 2004
56: Right of examination
Where a report on parentage
a: the person who has compiled the report; and
b: any other person who has done anything necessary for the carrying out of the parentage 1968 No 62 s 50(6) Section 56 amended 1 July 2005 section 150 Care of Children Act 2004 Section 56(b) amended 1 July 2005 section 150 Care of Children Act 2004
57: Refusal of
parentage
1: In any civil proceedings in which the natural parentage of a child is in issue, whether or not the court has recommended under section 54(1) parentage parentage
2: Subject to the right of the person who refuses to consent to the parentage 1968 No 62 s 50(2)–(4) Section 57 heading amended 1 July 2005 section 150 Care of Children Act 2004 Section 57(1) amended 1 July 2005 section 150 Care of Children Act 2004 Section 57(2) amended 1 July 2005 section 150 Care of Children Act 2004
58: Costs of
parentage Where costs are incurred in the taking and testing of blood samples or buccal samples section 54(1) Section 58 heading amended 1 July 2005 section 150 Care of Children Act 2004 Section 58 amended 1 July 2005 section 150 Care of Children Act 2004
59: Offences relating to
parentage Every person commits an offence and is liable on or buccal sample parentage
a: personates any other person; or
b: with intent to deceive, proffers a child that is not the child whose natural parentage is in issue in the proceedings. Section 59 heading amended 1 July 2005 section 150 Care of Children Act 2004 Section 59 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 59 amended 1 July 2005 section 150 Care of Children Act 2004
6: Maintenance of spouses and de facto partners
Part 6 heading replaced 1 February 2002 section 6 Family Proceedings Amendment Act 2001
60: Interpretation
1: In this Part, unless the context otherwise requires, de facto partner de facto relationship section 2
2: In this Part, unless the context otherwise requires, child of the de facto relationship
a: means a child of both de facto partners; and
b: includes, in relation to any proceedings under this Part, a child (whether or not a child of either de facto partner) who was a member of the family of the de facto partners at the time when they ceased to live together or at the time immediately before the institution of the proceedings, whichever occurred first.
3: In this Part,—
a: a reference to a marriage or civil union or civil union
b: a reference to the dissolution of a marriage or civil union or civil union ab initio 1963 No 71 s 48; 1968 No 62 s 35(3) Section 60 replaced 1 February 2002 section 7 Family Proceedings Amendment Act 2001 Section 60(3)(a) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 60(3)(b) amended 26 April 2005 section 44(1) Civil Union Act 2004
61: Application of principles
In proceedings under this Part (other than proceedings under section 79 section 82 sections 62 to 66 Section 61 amended 1 July 1992 Family Proceedings Amendment Act 1991 Section 61 amended 1 July 1992 Family Proceedings Amendment Act 1991
62: Domestic benefit irrelevant
Without limiting or affecting the law relating to any other benefit, the liability to maintain any person under this Act is not extinguished by reason of the fact that the person's reasonable needs are being met by a domestic benefit. Maintenance of spouses and de facto partners Heading replaced 1 February 2002 section 8 Family Proceedings Amendment Act 2001
63: Maintenance during marriage
or civil union
1: During a marriage or civil union
2: The circumstances referred to in subsection (1) are as follows:
a: the ability of the parties to be or to become self-supporting, having regard to—
i: the effects of the division of functions within the marriage or civil union
ii: the likely earning capacity of each party:
iii: any other relevant circumstances:
b: the responsibilities of each party for the ongoing daily care of any minor or dependent children of the marriage or civil union
c: the standard of living of the parties while they are living together or lived together:
d: any physical or mental disability:
e: any inability of a party to obtain work that—
i: it is reasonable in all the circumstances for that party to do; and
ii: is adequate to provide for that party:
f: the undertaking by a party of a reasonable period of education or training designed to increase that party's earning capacity or to reduce or eliminate that party's need for maintenance from the other party, where it would be unfair, in all the circumstances, for the reasonable needs of the party undertaking that education or training to be met immediately by that party—
i: because of the effects of any of the matters set out in paragraphs (a)(i) and (b) on the potential earning capacity of that party; or
ii: because that party has previously maintained or contributed to the maintenance of the other party during a period of education or training.
3: Except as provided in this section, neither party to a marriage or civil union or civil union 1968 No 62 ss 27, 30, 31, 32 Section 63 replaced 1 February 2002 section 8 Family Proceedings Amendment Act 2001 Section 63 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 63(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 63(2)(a)(i) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 63(2)(b) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 63(3) amended 26 April 2005 section 44(1) Civil Union Act 2004
64: Maintenance after marriage
or civil union
1: Subject to section 64A or civil union , civil union partner, , civil union partner, , civil union partner, , civil union partner,
2: The circumstances referred to in subsection (1) are as follows:
a: the ability of the spouses , civil union partners,
i: the effects of the division of functions within the marriage or civil union , civil union partners,
ii: the likely earning capacity of each spouse , civil union partner,
iii: any other relevant circumstances:
b: the responsibilities of each spouse , civil union partner, or civil union or civil union
c: the standard of living of the spouses , civil union partners,
d: the undertaking by a spouse , civil union partner, , civil union partner, , civil union partner, , civil union partner, , civil union partner, , civil union partner,
i: because of the effects of any of the matters set out in paragraphs (a)(i) and (b) on the potential earning capacity of that spouse , civil union partner,
ii: because that spouse , civil union partner, , civil union partner,
3: For the purposes of subsection (2)(a)(i), if the marriage or civil union spouses or civil union partners or civil union
4: Except as provided in this section and section 64A
a: neither party to a marriage or civil union or civil union
b: neither party to a de facto relationship is liable to maintain the other de facto partner after the de facto partners cease to live together. 1963 No 71 ss 43, 44 Section 64 replaced 1 February 2002 section 8 Family Proceedings Amendment Act 2001 Section 64 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64(1) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(2)(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(2)(a)(i) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64(2)(a)(i) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(2)(a)(ii) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(2)(b) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64(2)(b) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(2)(c) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(2)(d) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(2)(d)(i) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(2)(d)(ii) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(3) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64(3) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64(4)(a) amended 26 April 2005 section 44(1) Civil Union Act 2004
64A: Spouses
, civil union partners,
1: If a marriage or civil union
a: each spouse , civil union partner,
b: on the expiry of that period of time, neither spouse , civil union partner, section 64
2: Regardless of subsection (1), if a marriage or civil union , civil union partner, party A , civil union partner, party B section 64
a: it is unreasonable to require party B to do without maintenance from party A; and
b: it is reasonable to require party A to provide maintenance to party B.
3: The matters referred to in subsection (2) are as follows:
a: the ages of the spouses , civil union partners,
b: the duration of the marriage or civil union
c: the ability of the spouses , civil union partners,
i: the effects of the division of functions within the marriage or civil union , civil union partners,
ii: the likely earning capacity of each spouse , civil union partner,
iii: the responsibilities of each spouse , civil union partner, or civil union or civil union
iv: any other relevant circumstances.
4: If the marriage or civil union the spouses or partners
a: for the purposes of subsection (3)(b), the de facto relationship must be treated as if it were part of the marriage or civil union
b: for the purposes of subsection (3)(c)(i), the effects of the division of functions within the marriage or civil union Section 64A inserted 1 February 2002 section 8 Family Proceedings Amendment Act 2001 Section 64A heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64A(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64A(1)(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64A(1)(b) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64A(2) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64A(2) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64A(3)(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64A(3)(b) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64A(3)(c) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64A(3)(c)(i) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64A(3)(c)(i) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64A(2)(c)(ii) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64A(3)(c)(iii) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64A(3)(c)(iii) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 64A(4) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 64A(4) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64A(4)(a) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 64A(4)(b) amended 26 April 2005 section 44(1) Civil Union Act 2004
65: Assessment of maintenance payable to spouse
, civil union partner,
1: This section sets out the matters that a court must have regard to in determining the amount payable,—
a: in the case of a marriage or civil union or civil union partner or civil union partner or civil union
b: in the case of a de facto relationship, by one de facto partner for the maintenance of the other de facto partner after the de facto partners cease to live together.
2: The matters that the court must have regard to are as follows:
a: the means of each spouse , civil union partner,
i: potential earning capacity:
ii: means derived from any division of property between the spouses or de facto partners under the Property (Relationships) Act 1976
b: the reasonable needs of each spouse , civil union partner,
c: the fact that the spouse , civil union partner,
d: the financial and other responsibilities of each spouse , civil union partner,
e: any other circumstances that make one spouse , civil union partner,
3: In considering the potential earning capacity of each spouse , civil union partner, or civil union , civil union partners,
4: For the purposes of subsection (3), where the marriage or civil union spouses or civil union partners or civil union
5: In considering the reasonable needs of each spouse , civil union partner, , civil union partners, 1963 No 71 ss 43, 44; 1968 No 62 ss 27, 30, 31, 32 Section 65 replaced 1 February 2002 section 8 Family Proceedings Amendment Act 2001 Section 65 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 65(1)(a) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 65(1)(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 65(2)(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 65(2)(b) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 65(2)(c) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 65(2)(d) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 65(2)(e) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 65(3) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 65(3) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 65(4) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 65(4) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 65(5) amended 26 April 2005 section 44(2) Civil Union Act 2004
66: Relevance of conduct to maintenance of spouses
, civil union partners,
1: The court may have regard to the matters set out in subsection (2) in considering,—
a: in the case of a marriage or civil union or civil union partner or civil union partner or civil union
b: in the case of a de facto relationship, the liability of one de facto partner to maintain the other de facto partner, and the amount of the maintenance, after the de facto partners cease to live together.
2: The matters referred to in subsection (1) are as follows:
a: conduct of the spouse , civil union partner,
b: misconduct of the spouse , civil union partner, , civil union partner, 1968 No 62 s 28 Section 66 replaced 1 February 2002 section 8 Family Proceedings Amendment Act 2001 Section 66 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 66(1)(a) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 66(1)(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 66(2)(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 66(2)(b) amended 26 April 2005 section 44(2) Civil Union Act 2004
67: Application by
either spouse or civil union partner or civil union Either party to a marriage or civil union or civil union 1968 No 62 ss 25(1), 31(1) Section 67 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 67 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 67 amended 26 April 2005 section 44(1) Civil Union Act 2004
68: Power of Family Court to make maintenance order in favour of
either spouse or civil union partner Every application under section 67 the Family Court Section 68 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 68 amended 1 March 2017 section 261 District Court Act 2016
69: Maintenance order in favour of
either spouse or civil union partner
1: On hearing an application under section 67 the Family Court section 61
a: an order directing the respondent to pay, for such period as the court thinks fit (but not exceeding the joint lives of the parties), such periodical sum towards the future maintenance of the applicant as the court thinks fit:
b: an order directing the respondent to pay such lump sum towards the future maintenance of the applicant as the court thinks fit:
c: an order directing the respondent to pay such lump sum towards the past maintenance of the applicant as the court thinks fit.
2: An order under paragraph (b) or paragraph (c) of subsection (1) for the payment of a lump sum may provide that the sum shall be payable—
a: at a future date specified in the order; or
b: by instalments specified in the order; or
c: on such terms and conditions as the court specifies in the order.
3: Subject to any agreement by the parties to the contrary, an order made under subsection (1)(a) or (b), and every order made under section 99 or enters into a civil union 1963 No 71 s 40(2); 1968 No 62 ss 26, 31(1), (2) Section 69 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 69(1) amended 1 March 2017 section 261 District Court Act 2016 Section 69(3) amended 26 April 2005 section 44(2) Civil Union Act 2004
70: Order for maintenance after marriage
or civil union
1: The Family Court
a: on or at any time after the making of an order dissolving a marriage or civil union
b: at any time after a de facto relationship ends.
2: The court may do the following under this section:
a: order either party to the proceedings, or the personal representative of either party, to pay to the other party for such term as the court thinks fit (but not exceeding the life of the other party) such periodical sum towards the maintenance of the other party as the court thinks fit:
b: make any other order referred to in section 69(1)
3: Section 69(2)
4: In this section, a reference to an order dissolving a marriage or civil union section 44
5: This section is subject to sections 61 70A 70B 71 1963 No 71 s 40 Section 70 replaced 1 February 2002 section 9 Family Proceedings Amendment Act 2001 Section 70 heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 70(1) amended 1 March 2017 section 261 District Court Act 2016 Section 70(1)(a) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 70(4) amended 26 April 2005 section 44(1) Civil Union Act 2004
70A: Effect of entering into new marriage
or civil union
1: The court may not make an order in proceedings under section 70
a: in favour of a party who is seeking maintenance from a spouse or civil union partner , or with whom they were in a civil union, or entered into a civil union with
b: in favour of a party who is seeking maintenance from a de facto partner with whom they were living in a de facto relationship, if that party has entered into a de facto relationship with someone else, or has married or entered into a civil union with
2: The orders specified in subsection (3) cease to have effect if,—
a: in the case of an order made in favour of a party against a spouse or civil union partner , or with whom they were in a civil union or entered into a civil union with
b: in the case of an order made in favour of a party against a de facto partner with whom they were living in a de facto relationship, that party has entered into a de facto relationship with someone else, or has married or entered into a civil union with
3: The orders referred to in subsection (2) are as follows:
a: an order made under section 70 section 69(1)(c)
b: any order made under section 99
4: Subsection (2) is subject to any agreement by the parties to the contrary. 1963 No 71 s 40 Section 70A inserted 1 February 2002 section 9 Family Proceedings Amendment Act 2001 Section 70A heading amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 70A(1)(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 70A(1)(b) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 70A(2)(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 70A(2)(b) amended 26 April 2005 section 44(2) Civil Union Act 2004
70B: Restriction on maintenance orders in favour of de facto partners
1: This section applies to a de facto relationship that is a relationship of short duration as defined in section 2
2: If this section applies to a de facto relationship, the court cannot make an order under section 70
a: the court is satisfied—
i: that there is a child of the de facto relationship; or
ii: that the de facto partner seeking the order 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 to that de facto partner.
3: In subsection (2)(a)(ii), contribution section 2 Section 70B inserted 1 February 2002 section 9 Family Proceedings Amendment Act 2001
71: Time limit for applying for order against estate of deceased party
1: No order under section 70
2: Subject to subsection (3), the Family Court
3: No extension shall be granted under subsection (2) unless the application for an extension is made before the final distribution of the estate.
4: Where the estate has been distributed before the personal representative receives notice that any application has been made to the Family Court section 48(1)
a: the distribution shall not be disturbed by reason of the making of the application or any order in respect of the application; and
b: no action shall lie against the personal representative for having made the distribution. 1963 No 71 s 42 Section 71(2) amended 1 March 2017 section 261 District Court Act 2016 Section 71(4) amended 1 March 2017 section 261 District Court Act 2016 Maintenance of children Heading repealed 1 July 1992 Family Proceedings Amendment Act 1991
72: Maintenance of children
Section 72 repealed 1 July 1992 Family Proceedings Amendment Act 1991
73: Limitations on liability as father
Section 73 repealed 1 July 1992 Family Proceedings Amendment Act 1991
74: Applications for maintenance orders in respect of children
Section 74 repealed 1 July 1992 Family Proceedings Amendment Act 1991
75: Power of Family Court to make maintenance orders in respect of children
Section 75 repealed 1 July 1992 Family Proceedings Amendment Act 1991
76: Maintenance orders in respect of children
Section 76 repealed 1 July 1992 Family Proceedings Amendment Act 1991
77: Contributions by other parent
Section 77 repealed 1 July 1992 Family Proceedings Amendment Act 1991 Other orders related to maintenance of children
78: Related orders
1: On or at any time after making a paternity order in respect of a child that has already been born, the Family Court
2: Subject to subsection (4) the Family Court
3: An order may be made under subsection (2)—
a: instead of or in addition to any maintenance order in respect of the child made pursuant to an application under section 74
b: whether or not the child has already been born; and
c: where the child has already been born, whether or not the child is living.
4: No application may be made under subsection (2) after the expiration of 12 months—
a: from the birth of the child; or
b: where the mother has miscarried, from the date of the miscarriage.
5: Notwithstanding that a paternity order has not been made by the Family Court
a: is not married to , or in a civil union with,
b: has never been married to , or in a civil union with, , or in a civil union with, or civil union
6: On hearing an application under subsection (5), the Family Court any of paragraphs (a), (d), (e), or (i) of section 7(1) 1968 No 62 s 53(1), (2), (3), (5) Section 78(1) replaced 1 July 1992 Family Proceedings Amendment Act 1991 Section 78(1) amended 1 March 2017 section 261 District Court Act 2016 Section 78(2) amended 1 March 2017 section 261 District Court Act 2016 Section 78(5) amended 1 March 2017 section 261 District Court Act 2016 Section 78(5)(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 78(5)(b) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 78(5)(b) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 78(6) amended 1 March 2017 section 261 District Court Act 2016 Section 78(6) amended 1 July 1992 Family Proceedings Amendment Act 1991
79: Application for maintenance order
against natural parent Where—
a: the natural parents of a child are not married to , or in a civil union with,
b: the natural father of the child is a person who is a parent from whom the payment of child support may be sought in respect of the child under section 6
c: either natural parent has or has had the role of providing day-to-day care for the natural parent who has or has had the role of providing day-to-day care of the child may 1968 No 62 s 53(2)(b), (4), (5); 1975 No 70 s 2 Section 79 heading amended 1 February 2002 section 10 Family Proceedings Amendment Act 2001 Section 79 amended 1 July 2005 section 151 Care of Children Act 2004 Section 79(a) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 79(b) replaced 1 July 1992 Family Proceedings Amendment Act 1991 Section 79(c) amended 1 July 2005 section 151 Care of Children Act 2004
80: Power of Family Court to make maintenance orders
against natural parent Every application under section 79 the Family Court 1968 No 62 s 53(2)(b); 1975 No 70 s 2 Section 80 heading amended 1 February 2002 section 11 Family Proceedings Amendment Act 2001 Section 80 amended 1 March 2017 section 261 District Court Act 2016
81: Maintenance order
against natural parent
1: On hearing an application under section 79
a: it is desirable, in the interests of providing, or of reimbursing the applicant for having provided, adequate care for the child, to make a maintenance order; and
b: it is reasonable to make a maintenance order, having regard to—
i: the means, including the potential earning capacity, of each parent; and
ii: the reasonable needs of each parent; and
iii: the fact that the respondent is supporting any other person; and
iv: the financial and other responsibilities of each parent— make an order directing the respondent to pay to the applicant, for such period as the court thinks fit, such periodical or lump sum towards the future maintenance of the applicant as the court thinks fit, or such lump sum towards the past maintenance of the applicant as the court thinks fit.
2: An order made under this section may be made subject to such other conditions as to payment as the court thinks fit.
3: Unless an order under this section expires earlier, the order ceases to have effect if the person in whose favour it is made subsequently marries or enters into a civil union or a 1968 No 62 s 53(2)(b), (4), (5); 1975 No 70 s 2 Section 81 heading amended 1 February 2002 section 12(2) Family Proceedings Amendment Act 2001 Section 81(3) replaced 1 February 2002 section 12(1) Family Proceedings Amendment Act 2001 Section 81(3) amended 26 April 2005 section 44(2) Civil Union Act 2004 Interim maintenance
82: Interim maintenance
1: Where an application for a maintenance order or for the variation, extension, suspension, or discharge of a maintenance order has been filed, any District Court Judge may make an order directing the respondent to pay such periodical sum as the District Court Judge thinks reasonable towards the future maintenance of the respondent's spouse, civil union partner, or de facto partner
2:
3:
4: No order made under this section shall continue in force for more than 6 months after the date on which it is made.
5: An order made under this section may be varied, suspended, discharged, or enforced in the same manner as if it were a final order of the Family Court 1968 No 62 s 77; 1976 No 87 s 2; 1978 No 91 s 2 Section 82(1) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 82(1) amended 1 February 2002 section 13 Family Proceedings Amendment Act 2001 Section 82(1) amended 1 July 1992 Family Proceedings Amendment Act 1991 Section 82(2) repealed 12 December 1983 Family Proceedings Amendment Act 1983 Section 82(3) repealed 12 December 1983 Family Proceedings Amendment Act 1983 Section 82(5) amended 1 March 2017 section 261 District Court Act 2016 Registration of maintenance agreements Heading repealed 1 July 1992 Family Proceedings Amendment Act 1991
83: Registration of maintenance agreements
Section 83 repealed 1 July 1992 Family Proceedings Amendment Act 1991
84: Effect of registration
Section 84 repealed 1 July 1992 Family Proceedings Amendment Act 1991
85: Maintenance agreements to bind parties
Section 85 repealed 1 July 1992 Family Proceedings Amendment Act 1991
86: Registered agreement to operate as bar to order
Section 86 repealed 1 July 1992 Family Proceedings Amendment Act 1991
87: Enforcement of agreement in respect of child over 16
Section 87 repealed 1 July 1992 Family Proceedings Amendment Act 1991
88: Enforcement against estate of deceased person
Section 88 repealed 1 July 1992 Family Proceedings Amendment Act 1991
89: Recovery of arrears on cessation of agreement
Section 89 repealed 1 July 1992 Family Proceedings Amendment Act 1991
90: Setting aside and cancelling of registration
Section 90 repealed 1 July 1992 Family Proceedings Amendment Act 1991 Miscellaneous provisions as to maintenance
91: Reports as to maintenance
1: In any proceedings under this Act relating to maintenance, the court may request any officer of the department for the time being responsible for the administration of the Social Security Act 2018
2: The officer shall report accordingly.
3: The Registrar of the court shall give a copy of the report to every barrister or solicitor appearing for a party in the proceedings or, in the case of a party who is not represented by a barrister or solicitor, to the party.
4: Any party may tender evidence on any matter referred to in the report.
5: At the request of the court, the officer making the report shall appear as a witness in respect of any matter referred to in or arising out of the report. 1968 No 62 s 8(2)–(4) Section 91(1) amended 26 November 2018 section 459 Social Security Act 2018 Section 91(1) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998
92: Discretion of court as to orders
Where an application is made to a court for an order under this Part, the court may make any other order under this Part that it could have made if an application for that other order had been made at the time when the first-mentioned application was made. 1963 No 71 s 78
93: Person to whom money payable under maintenance order
1: The money payable under a maintenance order shall, unless a direction of the court otherwise requires, be payable to the Commissioner of Inland Revenue in accordance with the Child Support Act 1991
2: A court may, on or at any time after making a maintenance order, direct that the money payable under the order shall be paid—
a: to or on behalf of the person for whose maintenance the order is made; or
b: to any account in a trading or savings bank standing in the name of any such person; or
c: to any other person.
3: All such money shall be payable in accordance with the tenor of the order.
4: The court may from time to time vary or revoke any direction given by it under this section.
5: A maintenance order providing for the payment of a lump sum may direct that the money be paid to Public Trust, or to any other trustee approved by the court, to be held and dealt with by Public Trust or the trustee in accordance with the order.
6: The receipt of the trustee, or of any person authorised by the trustee in that behalf, shall be a complete discharge to the person paying the same for any money paid to the trustee pursuant to any order under subsection (5).
7: Public Trust must invest all money paid to it under an order under subsection (5) in its common fund, and must apply that money and the income arising from it in accordance with the order.
8: Proceedings for the enforcement of a maintenance order in respect of which an order is made under subsection (5) may be taken by the person who would have been entitled to take such proceedings if the order under that subsection had not been made, and not by the trustee.
9: In this section trustee Public Trust 1968 No 62 ss 78, 79; 1971 No 59 s 13(1) Section 93(1) replaced 1 July 1992 Family Proceedings Amendment Act 1991 Section 93(5) replaced 1 March 2002 section 170(1) Public Trust Act 2001 Section 93(7) replaced 1 March 2002 section 170(1) Public Trust Act 2001 Section 93(9) amended 1 March 2002 section 170(1) Public Trust Act 2001
93A: Copy of order to be sent to Commissioner of Inland Revenue
Where a court makes a maintenance order under this Act, the Registrar shall, within 28 days after the day on which the order is made, send a certified or sealed copy of the order to the Commissioner of Inland Revenue. Section 93A inserted 1 July 1992 Family Proceedings Amendment Act 1991
94: Dissolution
No maintenance order in favour of a husband or wife or a civil union partner married couple or the dissolution of the civil union between the civil union partners 1968 No 62 s 81 Section 94 heading amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 94 amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 94 amended 26 April 2005 section 44(2) Civil Union Act 2004
95: Maintenance where order refused
1: Where an application under section 37 principal relief
2: The court shall not make an order under subsection (1), other than an order varying, extending, or discharging any such order, unless it has heard the application for the order at the same time as or immediately after the application for the principal relief. 1963 No 71 s 77
96: Maintenance order in favour of mentally disordered person
Where a maintenance order is made by a court for the payment of a periodical sum in favour of a person who at the date of the making of the order is receiving care and treatment in a hospital as defined in section 2 Mental Health (Compulsory Assessment and Treatment) Act 1992
a: the payment of a periodical sum in respect of periods while that person is receiving care and treatment in such a hospital; and
b: the payment of a different periodical sum in respect of periods while that person is not receiving care and treatment in such a hospital. 1968 No 62 s 82; 1971 No 59 s 15 Section 96 amended 1 November 1992 section 137(1)
97: Security for maintenance
1: On or at any time after making a maintenance order, a court may order the person by whom maintenance is payable under the order or the personal representative of that person to give such security as the court specifies for the payment of any sum that is to be paid pursuant to the maintenance order.
2: The court may, for the purposes of subsection (1), direct the Registrar of the court to settle and approve a proper deed or instrument, to be executed by all the necessary parties. 1963 No 71 s 45; 1968 No 62 s 83
98: Apportionment of maintenance payments
Where any person by whom maintenance is payable under 2 or more maintenance orders makes any payment of part only of the total amount for the time being payable under those orders, the amount of the payment shall be deemed to have been apportioned in the proportions that the amounts payable under the several orders bear to the total amount payable under all of those orders. 1968 No 62 s 84A; 1971 No 59 s 16
99: Discharge, variation, and suspension of maintenance orders
1: Where the Family Court or the District Court sections 62 to 66 section 81
a: an order discharging the maintenance order:
b: an order varying or suspending the maintenance order:
c: an order temporarily suspending the maintenance order, as to the whole or any part of the money ordered to be paid:
d: an order discharging the maintenance order, and substituting in its place a new maintenance order, whether of the same kind or not:
e: an order extending the term for which the maintenance order was made.
2: Where a maintenance order is discharged or any such order otherwise ceases to have effect, all arrears due under the order at the time when it was discharged or otherwise ceased to have effect shall, unless and to the extent that they are remitted by a court, be recoverable by the party to whom they are owing as if the order were still in force.
3: An order under this section varying a maintenance order by increasing the amount payable under it may, if the court thinks fit, take effect from a date that is earlier than the date of the order of variation, but is not earlier than the date on which the grounds for the variation arose.
4: A court may from time to time—
a: remit the whole or part of any arrears due under a maintenance order; or
b: suspend, on such terms and conditions (if any) as it specifies, the payment of the whole or part of any such arrears— whether or not the order has ceased to be in force.
5: A court may—
a: from time to time vary or extend an order made by it under this Act for the giving of security for the payment of maintenance, whether as to the term of the order or the nature of any security, or by increasing or diminishing the amount of any security, or otherwise; or
b: discharge an order made by it under this Act for the giving of such security.
6: A court may exercise the powers given by this section notwithstanding that the order that is varied, extended, suspended, or discharged was made by consent of the parties. Section 99 replaced 1 July 1992 Family Proceedings Amendment Act 1991 Section 99(1) amended 1 March 2017 section 261 District Court Act 2016
100: Restriction on payment of maintenance in advance
1: No money payable under a maintenance order shall be paid more than 12 months in advance of the due date for payment, except with the prior approval of the court by which the order was made.
2: Where any money is paid in breach of this section, unless the court otherwise decides,—
a: it shall not be taken into account in any proceedings for the enforcement of the maintenance order or for the punishment of any disobedience to the order; and
b: those proceedings may be taken in the same manner as if that money had not been paid.
3: An approval under subsection (1) or a decision under subsection (2) may be given subject to such conditions as the court thinks fit.
4: Money paid in breach of this section shall be recoverable as a debt owing to the person who paid it, unless it has been received by the person who is entitled to receive it under the maintenance order.
5: 1968 No 62 s 86 Section 100(5) repealed 1 July 1992 Family Proceedings Amendment Act 1991
7: Enforcement of maintenance orders from 1 July 1992
Part 7 replaced 1 July 1992 Family Proceedings Amendment Act 1991
101: Orders enforceable under Child Support Act 1991
1: The provisions of the Child Support Act 1991 Part 6 Part 8
2: If a court makes an order under Part 6 Part 8 Child Support Act 1991 Section 101 replaced 1 July 1992 Family Proceedings Amendment Act 1991 Section 101(2) inserted 15 November 2000 section 3 Family Proceedings Amendment Act 2000
101A: Deductions from benefits
Section 101A repealed 1 July 1992 Family Proceedings Amendment Act 1991
101B: Power to issue deduction notices under Social Security Act 2018
1: This section applies to a payment—
a: under a maintenance order; and
b: that is in arrear and unpaid.
2: The chief executive of the department for the time being responsible for the administration of the Social Security Act 2018 section 444
3: However, the deduction notice cannot be issued to the employer of, acting in the capacity of the employer of, the person against whom the order was made.
4: This section does not limit section 101 section 110 section 259(1) Section 101B replaced 26 November 2018 section 459 Social Security Act 2018
102: Bankruptcy
Section 102 repealed 1 July 1992 Family Proceedings Amendment Act 1991
103: Warrant of distress
Section 103 repealed 1 July 1992 Family Proceedings Amendment Act 1991
104: Deductions from wages for payment of maintenance
Section 104 repealed 1 July 1992 Family Proceedings Amendment Act 1991 Attachment orders Heading repealed 1 July 1992 Family Proceedings Amendment Act 1991
105: Attachment orders
Section 105 repealed 1 July 1992 Family Proceedings Amendment Act 1991
106: Attachment order to be served on employer
Section 106 repealed 1 July 1992 Family Proceedings Amendment Act 1991
107: Effect of attachment orders
Section 107 repealed 1 July 1992 Family Proceedings Amendment Act 1991
108: Liability of employer
Section 108 repealed 1 July 1992 Family Proceedings Amendment Act 1991
109: Variation, suspension, and discharge of attachment orders
Section 109 repealed 1 July 1992 Family Proceedings Amendment Act 1991 Deduction notices Heading repealed 1 July 1992 Family Proceedings Amendment Act 1991
110: Deduction notices
Section 110 repealed 1 July 1992 Family Proceedings Amendment Act 1991
111: Effect of deduction notices
Section 111 repealed 1 July 1992 Family Proceedings Amendment Act 1991
111A: Power to issue deduction notices for arrears where maintenance order or agreement discharged or cancelled
Section 111A repealed 1 July 1992 Family Proceedings Amendment Act 1991
112: Liability of employer
Section 112 repealed 1 July 1992 Family Proceedings Amendment Act 1991
113: Protected earnings
Section 113 repealed 1 July 1992 Family Proceedings Amendment Act 1991
114: Variation or discharge of deduction notice
Section 114 repealed 1 July 1992 Family Proceedings Amendment Act 1991 General provisions relating to attachment orders and deduction notices Heading repealed 1 July 1992 Family Proceedings Amendment Act 1991
115: Transaction fee
Section 115 repealed 1 July 1992 Family Proceedings Amendment Act 1991
116: Wrongful treatment of employee
Section 116 repealed 1 July 1992 Family Proceedings Amendment Act 1991
117: Extent to which attachment orders and administrative notices bind the Crown
Section 117 repealed 1 July 1992 Family Proceedings Amendment Act 1991 Charging orders Heading repealed 1 July 1992 Family Proceedings Amendment Act 1991
118: Charging orders
Section 118 repealed 1 July 1992 Family Proceedings Amendment Act 1991
119: Charging orders on life insurance policies
Section 119 repealed 1 July 1992 Family Proceedings Amendment Act 1991
120: Extent to which charging orders bind the Crown
Section 120 repealed 1 July 1992 Family Proceedings Amendment Act 1991 Receiving orders Heading repealed 1 July 1992 Family Proceedings Amendment Act 1991
121: Receiving orders
Section 121 repealed 1 July 1992 Family Proceedings Amendment Act 1991
122: Powers and duties of receiver
Section 122 repealed 1 July 1992 Family Proceedings Amendment Act 1991 Miscellaneous provisions as to enforcement of maintenance orders Heading repealed 1 July 1992 Family Proceedings Amendment Act 1991
123: Order for enforcement of arrears under maintenance order
Section 123 repealed 1 July 1992 Family Proceedings Amendment Act 1991
124: Default under maintenance order
Section 124 repealed 1 July 1992 Family Proceedings Amendment Act 1991
125: Evidence of default
Section 125 repealed 1 July 1992 Family Proceedings Amendment Act 1991
126: Power to summon witnesses
Section 126 repealed 1 July 1992 Family Proceedings Amendment Act 1991
127: Execution of warrants
Section 127 repealed 1 July 1992 Family Proceedings Amendment Act 1991
128: Conduct of examination
Section 128 repealed 1 July 1992 Family Proceedings Amendment Act 1991
129: Orders by court
Section 129 repealed 1 July 1992 Family Proceedings Amendment Act 1991
130: Contempt procedures
Section 130 repealed 1 July 1992 Family Proceedings Amendment Act 1991
131: Application of
Offenders Legal Aid Act 1954 Section 131 repealed 1 July 1992 Family Proceedings Amendment Act 1991
132: Warrant of commitment
Section 132 repealed 1 July 1992 Family Proceedings Amendment Act 1991
133: Respondent in prison or undergoing periodic detention to be discharged on payment
Section 133 repealed 1 July 1992 Family Proceedings Amendment Act 1991
134: Arrest of respondent
Section 134 repealed 1 July 1992 Family Proceedings Amendment Act 1991
8: Overseas maintenance
Enforcement in New Zealand of orders made in Commonwealth or designated countries
135: Designation of countries
1: The Minister of the Crown who is responsible for the Ministry of Justice
2: The Minister of the Crown who is responsible for the Ministry of Justice
3: A notice under this section is secondary legislation ( see Part 3 1968 No 62 s 71 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 135(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 135(1) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 135(1) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 135(2) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 135(2) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 135(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
136: Registration of orders made in Commonwealth or designated countries
Where—
a: a maintenance order has been made against any person by any court in a Commonwealth or designated country; or
b: a maintenance order made provisionally only against any person by any such court has been confirmed in a Commonwealth or designated country— the order may be registered in New Zealand by filing a certified copy in the District Court 1968 No 62 s 62 Section 136 amended 1 March 2017 section 261 District Court Act 2016
137: Setting aside of registration of order
Where an order is registered in the District Court section 136
a: if in any case the court is satisfied, on the application of the person against whom the order applies, that the order is not an order to which that section applies, the court shall set aside the registration of the order; or
b: if in the case of an order that is made in or consequent on an affiliation order the court, on the application of the person against whom the order applies, is satisfied—
i: that that person did not appear in the proceedings in which the affiliation order was made; and
ii: that the proceedings were not duly brought to that person's notice (either by the service of a summons on that person or by any other method permitted by the law of the country in which the affiliation order was made),— the court may set aside the registration of the order. 1968 No 62 s 63 Section 137 amended 1 March 2017 section 261 District Court Act 2016
138: Confirmation of provisional orders made in Commonwealth or designated countries
1: This section shall apply—
a: to a maintenance order; and
b: to an order varying a maintenance order where that maintenance order has been either registered or confirmed in New Zealand— in any case where the maintenance order or the order varying the maintenance order, as the case may be, has been made provisionally only by a court in a Commonwealth or designated country and has no effect unless and until confirmed elsewhere.
2: Where a certified copy of an order to which this section applies, together with the depositions of witnesses and a statement of the grounds on which the order might have been opposed, has been transmitted to the Secretary the District Court
3: On receipt of those documents by the court—
a: any District Court Judge or Justice or Community Magistrate
b: any District Court Judge or Registrar
4: At the hearing it shall be open for the respondent to raise any defence which the respondent might have raised in the original proceedings had the respondent been present, but no other defence, and the statement from the court that made the provisional order stating the grounds on which the making of the order might have been opposed shall be conclusive evidence that those grounds are grounds on which objection may be taken.
5: Notwithstanding subsection (4), where the provisional order is made in or is consequent on an affiliation order, the respondent may raise the defence—
a: that he is not the father of the child; and
b: that the proceedings in which the affiliation order was made were not brought to his notice (either by the service of a summons on him or by any other method permitted by the law of the country in which the affiliation order was made).
6: Where the respondent appears at the hearing and it appears to the court to be necessary for the purpose of any defence to remit the case to the court that made the provisional order for the taking of any further evidence, the court of hearing may so remit the case, and may adjourn the proceedings for the purpose.
7: Where at the hearing (whether following an adjournment or otherwise) the respondent does not appear, or on appearing fails to satisfy the court that the order ought not to be confirmed, the court may confirm the order either without modification or with such modifications as it thinks just.
8: An order that has been confirmed with modifications shall for all the purposes of this Act have effect in the form in which it is confirmed.
9: The court confirming a maintenance order to which subsection (1)(a) applies may also, if it is satisfied that the respondent is of sufficient ability, at the same time order the respondent to pay, at such time or times and in such manner as the court thinks fit, any sum on account of the maintenance of the person or persons in whose favour the provisional order was made between the date of the making of that order and its confirmation.
10: An order made under subsection (9) shall be a maintenance order for the purposes of this Act. 1968 No 62 s 64; 1975 No 70 s 3(1) Section 138(2) amended 1 March 2017 section 261 District Court Act 2016 Section 138(2) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 138(3)(a) amended 30 June 1998 section 7 District Courts Amendment Act 1998 Section 138(3)(b) amended 1 July 1994 Family Proceedings Amendment Act 1994
139: Confirmation of provisional orders affecting New Zealand maintenance orders
1: This section shall apply to any order that—
a: has been made provisionally only by a court in a Commonwealth or designated country; and
b: has no effect unless and until confirmed in New Zealand; and
c: cancels, varies, or suspends a maintenance order that is made in New Zealand and is registered or confirmed in that Commonwealth or designated country.
2: Where a certified copy of any order to which this section applies, together with the depositions of witnesses, has been transmitted to the Secretary the District Court
3: On receipt of those documents by a court, summonses shall be issued to such persons as the District Court Judge directs.
4: Where any persons summoned under subsection (3) appear at the hearing and it appears to the court to be necessary to remit the case to the court which made the provisional order for the taking of any further evidence, the court of hearing may so remit the case, and may adjourn the proceedings for the purpose.
5: Subject to subsection (6), if at the hearing (whether following an adjournment or otherwise) none of the persons summoned under subsection (3) appears, or if those who do appear fail to satisfy the court that the order ought not to be confirmed, the court may confirm the order either without modification or with such modifications as it thinks just.
6: No maintenance order in respect of a party to a marriage or civil union
7: An order that has been confirmed with modifications shall for all the purposes of this Act have effect in the form in which it is confirmed.
8: An order that is confirmed under subsection (5) shall have effect for all the purposes of New Zealand law as if it had been made under this Act. 1968 No 62 s 65 Section 139(2) amended 1 March 2017 section 261 District Court Act 2016 Section 139(2) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 139(6) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 139(6) amended 1 July 1994 Family Proceedings Amendment Act 1994
139A: Variation overseas of maintenance agreements registered in New Zealand
1: This section shall apply to any order that—
a: has been made provisionally only by a court in a Commonwealth or designated country; and
b: has no effect unless and until confirmed in New Zealand; and
c: cancels, varies, or suspends a maintenance agreement that is made and registered in New Zealand (whether registered before or after the making of the provisional order) and is registered in that Commonwealth or designated country.
2: Subsections (2) to (8) of section 139 Section 139A inserted 11 June 1985 Family Proceedings Amendment Act (No 2) 1985
140: Rehearings and appeals in respect of confirmation of order
Sections 173 174 section 138 section 139 1968 No 62 s 66
141: Effect of registration or confirmation of order made in Commonwealth or designated country
1: An order that has been registered in New Zealand, and an order (including an order of variation) that has been confirmed in New Zealand (other than an order confirmed under section 139
2: 1968 No 62 s 67; 1970 No 60 s 2 Section 141(2) repealed 1 July 1992 Family Proceedings Amendment Act 1991 Discharge or variation of overseas maintenance order Heading inserted 15 November 2000 section 4 Family Proceedings Amendment Act 2000
142: Discharge or variation of registered or confirmed order
1: If a maintenance order has been registered or confirmed in New Zealand, the District Court section 99
a: an order discharging a maintenance order:
b: an order varying a maintenance order:
c: an order suspending the operation of a maintenance order for the purposes of New Zealand law:
d: an order remitting or suspending arrears due under a maintenance order for the purposes of New Zealand law:
e: an order varying or extending an order for the giving of security for the payment of maintenance (whether by altering the term of the order, or the nature of any security, or by increasing or diminishing the amount of any security, or otherwise):
f: an order discharging an order for the giving of security for the payment of maintenance.
1A: If the court makes an order referred to in subsection (1)(d),—
a: the remittance or suspension may be in respect of all or any part of the arrears; and
b: the remittance or suspension may be in respect of any maintenance order, whether or not it has ceased to be in force; and
c: any suspension may be on any terms and conditions that the court specifies.
1B: This section does not apply to a child maintenance order (as defined in section 142A
2: If it appears to the court, on an application under subsection (1), that the order it proposes to make is one that, if made provisionally, may be confirmed under the law of the country in which the maintenance order was made, the New Zealand court must
2A:
2B: A provisional order has no effect unless and until it is confirmed by a competent court in the country in which the maintenance order was originally made.
2C: Where the court makes a provisional order under subsection (2), section 147(5) to (9) section 147(6)(c)
3: Where a person makes an application under subsection (1) in respect of a maintenance order registered in New Zealand, for a variation of the order under section 99
4: Where, on the hearing of an application under subsection (1), it appears to the court to be necessary to remit the case to the court that made the maintenance order for the purpose of taking any further evidence, the court may so remit the case and adjourn the proceedings for the purpose.
5: Where a maintenance order has been either registered or confirmed in New Zealand, and at any time thereafter the person in whose favour the order was made and the respondent are resident in New Zealand, the District Court section 99
6: An order under subsection (5) may be made in any case where the court considers it just, whether or not there would be jurisdiction to make an order by reason of section 99
7: On an application under this section, notice of the application shall be given to such person or persons as the court directs. 1968 No 62 s 68 Section 142(1) replaced 15 November 2000 section 5 Family Proceedings Amendment Act 2000 Section 142(1) amended 1 March 2017 section 261 District Court Act 2016 Section 142(1A) inserted 15 November 2000 section 5 Family Proceedings Amendment Act 2000 Section 142(1B) inserted 15 November 2000 section 5 Family Proceedings Amendment Act 2000 Section 142(2) replaced 18 May 2009 section 21 Family Proceedings Amendment Act 2008 Section 142(2) amended 14 November 2018 section 138(1) Courts Matters Act 2018 Section 142(2A) repealed 14 November 2018 section 138(2) Courts Matters Act 2018 Section 142(2B) inserted 18 May 2009 section 21 Family Proceedings Amendment Act 2008 Section 142(2C) inserted 18 May 2009 section 21 Family Proceedings Amendment Act 2008 Section 142(5) amended 1 March 2017 section 261 District Court Act 2016
142A: Definition of child maintenance order
In sections 142B to 142E child maintenance order
a: provides for the payment by any person of a periodical sum of money towards the maintenance of a child; and
b: has been made by a court in a Commonwealth or designated country; and
c: has been registered or confirmed in New Zealand. Section 142A inserted 15 November 2000 section 6 Family Proceedings Amendment Act 2000
142B: Discharge, variation, etc, of child maintenance order
1: The District Court
a: an order discharging a child maintenance order:
b: an order varying a child maintenance order:
c: an order suspending the operation of a child maintenance order for the purposes of New Zealand law:
d: an order remitting or suspending arrears due under a child maintenance order for the purposes of New Zealand law:
e: an order varying or extending an order for the giving of security for the payment of maintenance (whether by altering the term of the order, or the nature of any security, or by increasing or diminishing the amount of any security, or otherwise):
f: an order discharging an order for the giving of security for the payment of maintenance.
2: The court may make an order under this section even if the child maintenance order to which the order relates was made by consent of the parties.
3: If an application is made under this section, notice of the application must be given to any person or persons that the court directs.
4: If an application is made under this section,—
a: the court may, if it thinks fit, require the Commissioner of Inland Revenue to provide it with a report on the relevant financial implications of the application for the position of any person under the Child Support Act 1991
b: the Commissioner must provide that report to the court within any period that the court directs.
5: If it appears to the court to be necessary, for the purpose of taking further evidence, to remit the case to the court that made the child maintenance order, the court may remit the case and adjourn the proceedings for that purpose.
6: This section is subject to section 142E Section 142B inserted 15 November 2000 section 6 Family Proceedings Amendment Act 2000 Section 142B(1) amended 1 March 2017 section 261 District Court Act 2016 Section 142B(6) inserted 18 May 2009 section 22 Family Proceedings Amendment Act 2008
142C: Conditions relating to variation of child maintenance order
1: An application for a variation of a child maintenance order must be dealt with as if the maintenance order had been made in New Zealand on the date when it was made outside New Zealand.
2: An order varying a child maintenance order by increasing the amount payable under it may, if the court thinks fit, take effect from a date that is earlier than the date of the order of variation, but must not be earlier than the date on which the grounds for the variation arose. Section 142C inserted 15 November 2000 section 6 Family Proceedings Amendment Act 2000
142D: Payment of arrears on child maintenance orders
1: All arrears due under a child maintenance order at the time when it is discharged or otherwise ceases to have effect are recoverable by the person to whom they are owing as if the order were still in force, unless and to the extent that the arrears are remitted by the court.
2: If a court remits or suspends, under this section or section 142B(1)(d)
a: the remittance or suspension may be in respect of all or any part of the arrears; and
b: the remittance or suspension may be in respect of any child maintenance order, whether or not it has ceased to be in force; and
c: any suspension may be on any terms and conditions that the court specifies. Section 142D inserted 15 November 2000 section 6 Family Proceedings Amendment Act 2000
142E: Provisional
1: If it appears to the court, on an application under section 142B the New Zealand court must
1A:
2: A provisional order has no effect unless and until it is confirmed by a competent court in the country in which the child maintenance order was originally made.
3: Subsections (5) to (9) of section 147 Section 142E inserted 15 November 2000 section 6 Family Proceedings Amendment Act 2000 Section 142E heading amended 18 May 2009 section 23(1) Family Proceedings Amendment Act 2008 Section 142E(1) amended 14 November 2018 section 139(1) Courts Matters Act 2018 Section 142E(1A) repealed 14 November 2018 section 139(2) Courts Matters Act 2018
142F: Copies of orders to be forwarded to Commissioner
If a court makes an order under any of sections 142 to 142E Section 142F inserted 15 November 2000 section 6 Family Proceedings Amendment Act 2000 Steps to be taken if respondent not residing in New Zealand Heading inserted 15 November 2000 section 7 Family Proceedings Amendment Act 2000
143: Steps to be taken by Secretary if respondent not residing in New Zealand
1: If a maintenance order made by a court in a Commonwealth or designated country has been registered or confirmed in New Zealand, and it appears to the Secretary that the respondent against whom the order is made is not residing in New Zealand, the Secretary must send the documents specified in subsection (2) to—
a: the responsible authority in that Commonwealth or designated country; or
b: the responsible authority in any other Commonwealth or designated country if, having regard to all the circumstances, the Secretary thinks it proper to do so.
2: The documents that the Secretary must send are—
a: a certified copy of the maintenance order, together with a certified copy of every order varying that maintenance order; and
b: a certificate of the amount of the arrears (if any) owing under the maintenance order; and
c: a statement giving any information that the Secretary possesses about the whereabouts of the respondent; and
d: any other documents in the possession of the Secretary that are relevant to the case.
3: If the documents specified in subsection (2) are sent to a responsible authority in a Commonwealth or designated country other than the one in which the maintenance order was made, the Secretary must inform the responsible authority in the country in which the order was made of where the documents have been sent. Section 143 replaced 15 November 2000 section 7 Family Proceedings Amendment Act 2000 Applications from persons in Convention countries
144: Certificate by Secretary of
Foreign Affairs In any proceedings under this Part, a certificate signed by the Secretary of Foreign Affairs Secretary of Foreign Affairs Section 144 heading amended 1 July 1993 section 9(4) Foreign Affairs Amendment Act 1993 Section 144 amended 1 July 1993 section 9(4) Foreign Affairs Amendment Act 1993
145: Applications for maintenance by applicants residing in Convention countries
Where the Secretary
a: an application by a person who claims to be entitled to recover maintenance from a person who is for the time being residing in New Zealand; or
b: an application for the variation, suspension, or discharge of an order made under this section— the Secretary the office of the District Court Section 145 replaced 1 July 1992 Family Proceedings Amendment Act 1991 Section 145 amended 1 March 2017 section 261 District Court Act 2016 Section 145 amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995
145A: Treatment of applications for maintenance by applicants residing in Convention countries
Where a Registrar of the District Court section 145J
a: in the case of an application in respect of the maintenance of any person other than a child of the respondent, or an application made pursuant to any of sections 78 to 81 Part 6
b: in the case of an application in respect of the maintenance of any child of the respondent, deal with the application in accordance with sections 145B to 145I Section 145A inserted 1 July 1992 Family Proceedings Amendment Act 1991 Section 145A amended 1 March 2017 section 261 District Court Act 2016 Section 145A amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Maintenance of children in respect of applications from persons in Convention countries Heading inserted 1 July 1992 Family Proceedings Amendment Act 1991
145B: Interpretation
In this Part, a reference to a parent of a child includes a reference—
a: to a natural or adoptive parent of the child; and
b: in the case of a child of the marriage or civil union or civil union
c: for the purposes of an application under section 145E(b) spouse or civil union partner of a parent or civil union Section 145B inserted 1 July 1992 Family Proceedings Amendment Act 1991 Section 145B(b) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 145B(c) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 145B(c) amended 26 April 2005 section 44(2) Civil Union Act 2004
145C: Maintenance of children
1: Each parent of a child is liable to maintain the child—
a: until the child attains the age of 16 years; and
b: where it appears to the court to be in the best interests of a child who has attained or will shortly attain the age of 16 years, until the child attains the age of 18 years or such earlier age as the court directs; and
c: where it appears to the court that the child is or will be engaged, after attaining the age of 16 years, in a course of full-time education or training and it is expedient that the child should continue to be maintained, until the child attains the age of 20 years or such earlier age as the court directs.
2: In determining the amount that is payable by a parent for the maintenance of a child, the court shall have regard to all relevant circumstances affecting the welfare of the child, including—
a: the reasonable needs of the child; and
b: the manner in which the child is being educated or trained, and the expectations of each parent as to the child's education or training.
3: In determining the amount that is payable by a parent for the maintenance of a child, the court shall also have regard to the following circumstances:
a: the means, including the potential earning capacity, of each parent:
b: the reasonable needs of each parent:
c: the fact that either parent is supporting any other person:
d: the contribution (whether in the form of oversight, services, money payments, or otherwise) of either parent in respect of the care of that or any other child of the marriage or civil union
e: the financial and other responsibilities of each parent:
f: where the person against whom the order is sought is not a natural or adoptive parent of the child—
i: the extent (if at all) to which that person has assumed responsibility for the maintenance of the child, the basis on which that person has assumed that responsibility, and the length of time during which that person has discharged that responsibility; and
ii: whether that person assumed or discharged any responsibility for the maintenance of the child knowing that that person was not a natural parent of the child; and
iii: the liability of any other person to maintain the child:
g: any property and income of the child:
h: where the child has attained the age of 16 years, any earning capacity of the child. Section 145C inserted 1 July 1992 Family Proceedings Amendment Act 1991 Section 145C(3)(d) amended 26 April 2005 section 44(1) Civil Union Act 2004
145D: Limitations on liability as father
1: No person who is not married to , or in a civil union with, , or in a civil union with, or civil union
a: a court has declared him to be the father of the child; or
b: a court has appointed him to be a guardian of the child, or has declared him to be a guardian of the child, by reason of being a parent of the child; or
c: a court has, before or at the time of making a maintenance order against him, made a paternity order against him; or
d: his name has at any time been entered in the registry under the Births, Deaths, Marriages, and Relationships Registration Act 2021
e: he has been declared to be the father of the child by an order made in a country outside New Zealand (being an order to which this section applies pursuant to subsection (2)); or
f: he has, in any proceedings before the court, or in writing signed by him, acknowledged that he is the father of the child.
2: The Governor-General may from time to time, by Order in Council, declare that this section applies to orders made by a specific court or public authority in a specified country outside New Zealand.
3: For the purposes of this section, the Cook Islands, Niue, and Tokelau shall be deemed to be countries outside New Zealand.
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 145D inserted 1 July 1992 Family Proceedings Amendment Act 1991 Section 145D(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 145D(1) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 145D(1)(d) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 145D(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
145E: Applications for maintenance orders in respect of children
An application for a maintenance order in respect of a child may be made only—
a: by a parent against another parent; or
b: by a person who has lawful care of the child against a parent or parents of the child. Section 145E inserted 1 July 1992 Family Proceedings Amendment Act 1991
145F: Power of court to make maintenance orders in respect of children
Every application under section 145A(b) the Family Court Section 145F inserted 1 July 1992 Family Proceedings Amendment Act 1991 Section 145F amended 1 March 2017 section 261 District Court Act 2016
145G: Maintenance orders in respect of children
1: On hearing an application under section 145A(b) the Family Court
a: an order directing the respondent to pay such periodical sum towards the future maintenance of the child as the court thinks fit:
b: an order directing the respondent to pay such lump sum towards the future maintenance of the child as the court thinks fit:
c: an order directing the respondent to pay such lump sum towards the past maintenance of the child as the court thinks fit.
2: The court shall not make an order under this section pursuant to an application made by a person to whom section 145E(b) spouse or civil union partner of a parent
a: either—
i: no natural or adoptive parent of the child is alive; or
ii: no natural or adoptive parent can be found who is capable of providing proper maintenance for the child; and
b: the child has at some time lived with the spouse or civil union partner of the child's parent as a member of that person's family
3: An order made under subsection (1)(b) or subsection (1)(c) for the payment of a lump sum may provide that the sum shall be payable—
a: at a future date specified in the order; or
b: by instalments specified in the order; or
c: on such terms and conditions as the court thinks fit.
4: Where an application is made under section 145E
5: No order made under this section for the future maintenance of a child who is under the age of 16 years at the date when the order is made shall have effect after the child attains the age of 16 years, unless the court so directs.
6: No order made under this section for the future maintenance of a child who is over the age of 16 years but under the age of 18 years at the date when the order is made shall have effect after the child attains the age of 18 years, unless the court so directs.
7: On the application of any person who is entitled to apply under section 145E
8: Whether or not the court makes a maintenance order under this section for the future maintenance of a child who has attained the age of 16 years or 18 years, the court may order the respondent to pay, in respect of the past maintenance of the child during the period commencing on the date on which the child attained that age and ending on the date of the making of the order, or such earlier date as is appropriate in the circumstances, such sum at such time or times and in such manner as the court thinks fit.
9: No order shall be made under this section in respect of a child who is married or in a civil union
10: No order made under this section and no extension of an order shall have effect in respect of a child after the child marries or enters into a civil union Section 145G inserted 1 July 1992 Family Proceedings Amendment Act 1991 Section 145G(1) amended 1 March 2017 section 261 District Court Act 2016 Section 145G(2) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 145G(2)(b) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 145G(9) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 145G(10) amended 26 April 2005 section 44(2) Civil Union Act 2004
145H: Contributions by other parent
1: Where an application is made under section 145E(a)
a: that parent may join another person as a respondent in the proceedings; or
b: the court may in any case direct that another parent be joined as a respondent in the proceedings.
2: Where, pursuant to an application made under section 145E(a)
a: the parent against whom the order was made may apply to the court for an order requiring another parent to make a monetary contribution towards the maintenance of the child; and
b: on hearing the application, the court may order another parent to make such monetary contribution towards the maintenance of the child as the court thinks fit. Section 145H inserted 1 July 1992 Family Proceedings Amendment Act 1991
145I: Interim maintenance
1: Where an application for a maintenance order or for the variation, extension, suspension, or discharge of a maintenance order has been filed, any District Court Judge may make an order directing the respondent to pay such periodical sum as the District Court Judge thinks reasonable towards the future maintenance of any of the respondent's children until the final determination of the proceedings or until the order sooner ceases to be in force.
2: No order made under this section shall continue in force for more than 6 months after the date on which it is made.
3: An order made under this section may be varied, suspended, discharged, or enforced in the same manner as if it were a final order of the Family Court Section 145I inserted 1 July 1992 Family Proceedings Amendment Act 1991 Section 145I(3) amended 1 March 2017 section 261 District Court Act 2016 Procedure on applications from persons in Convention countries Heading inserted 1 July 1992 Family Proceedings Amendment Act 1991
145J: Procedures relating to applications from persons in Convention countries
1: After fixing a date and time of hearing in respect of the application, the Registrar shall cause to be served on the respondent—
a: a copy of the application and of each relevant accompanying document together with any accompanying notice that may be required; and
b: a summons to the respondent to attend the hearing on the date and at the time so fixed.
2: Where the respondent's address is unknown or where a summons has been issued but cannot be served because the respondent cannot be found, a District Court Judge may issue a warrant to arrest the respondent and bring the respondent before the court.
3: The Registrar shall inform the Secretary section 145A Section 145J inserted 1 July 1992 Family Proceedings Amendment Act 1991 Section 145J(3) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995
146: Provisions where service not effected
1: Where the Registrar of the District Court section 145J(1)
a: send the documents received under section 145A at the office of the court that
b: send the documents received under section 145A
2: Where a Registrar receives documents under subsection (1)(a), the provisions of subsection (1) and of sections 145A 145J
3: Where the Secretary Section 146 replaced 1 July 1992 Family Proceedings Amendment Act 1991 Section 146(1) amended 1 March 2017 section 261 District Court Act 2016 Section 146(1)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 146(1)(b) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 146(3) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Applications for child maintenance in respect of persons residing overseas Heading inserted 1 July 1994 Family Proceedings Amendment Act 1994
146A: Application for maintenance of child in respect of person resident outside New Zealand
1: An application may be made to the Family Court for a provisional maintenance order in respect of a child against a person who is proved—
a: to be resident in a country outside New Zealand; or
b: to have left New Zealand with the intention of residing in a country outside New Zealand.
2: Any such application shall be dealt with in accordance with sections 145B to 145I
a: whether the respondent is a person from whom child support under the Child Support Act 1991
b: whether the respondent is resident in a country with which New Zealand has entered into a reciprocal agreement for enforcement of child support.
3: Every application made under this section shall be treated as an application for a provisional order in accordance with section 147
4: The provisions of sections 91 92 Section 146A inserted 1 July 1994 Family Proceedings Amendment Act 1994 Enforcement of New Zealand orders overseas
147: Provisional orders for confirmation overseas
1: On an application to the District Court
a: to be resident in a country outside New Zealand; or
b: to have left New Zealand with the intention of residing in a country outside New Zealand— the court may, in the absence of that person, where after hearing the evidence it is satisfied of the truth of the matters stated in the application, make a provisional order which shall have no effect unless and until confirmed by a competent court in a place outside New Zealand.
2: Where the District Court
3: No provisional order shall be made under this section unless—
a: it appears to the New Zealand court that the order is one which may be confirmed under the law of the country in which the respondent resides or intends to reside; and
b: in the case of a maintenance order in respect of a party to a marriage or civil union
4:
5: The evidence of every witness who is examined on any application under this section shall be put into writing, and the deposition shall be read over to and signed by the witness.
6: Where an order is made under this section, the court shall send to the Secretary
a: the depositions so taken; and
b: a certified copy of the order; and
c: a statement of the grounds on which the making of the order might have been opposed if the respondent had been duly served with notice of the application and had appeared at the hearing; and
d: such information as the court possesses for facilitating the identification of the respondent and ascertaining the respondent's whereabouts.
7: Where an order under this section has been remitted by the court before which it has come for confirmation to the New Zealand court that made the order for the purpose of taking further evidence, the last-mentioned court or any other District Court may proceed to take the evidence in the same manner and subject to the same conditions as the evidence in support of the original application was taken.
8: Where, on the hearing of such evidence, it appears to the court that the provisional order ought not to have been made or that a different provisional order should have been made,—
a: the court may discharge the provisional order or, as the case may be, may discharge the provisional order and make a fresh provisional order in its stead; and
b: except where the court discharges the order, the depositions shall be dealt with in the same manner as the original depositions.
9: Section 174
10: Nothing in this section shall limit the jurisdiction of a New Zealand court to make an order under section 157 1968 No 62 s 73 Section 147(1) amended 1 March 2017 section 261 District Court Act 2016 Section 147(2) amended 1 March 2017 section 261 District Court Act 2016 Section 147(3)(b) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 147(3)(b) amended 1 July 1994 Family Proceedings Amendment Act 1994 Section 147(4) repealed 1 July 1992 Family Proceedings Amendment Act 1991 Section 147(6) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995
148: Effect in New Zealand of confirmation overseas of provisional order
1: On the confirmation of an order made under section 147
2: Subject to subsection (3), an order of variation made in New Zealand relating to a maintenance order so confirmed shall be provisional only and of no effect unless and until confirmed in the same manner as the original order.
3: Subsection (2) shall not apply—
a: where the respondent is residing in New Zealand at the time of the variation; or
b: where the order of variation is only an order remitting arrears.
4: Subsections (5) to (9) of section 147
5: A certified copy of an order discharging or suspending the original order or varying it, where the only variation is the remission of arrears, shall be sent by the court to the Secretary 1968 No 62 s 74 Section 148(5) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Transmission of applications to Convention countries
149: Transmission of applications by New Zealand residents to Convention countries
1: Where a person in New Zealand—
a: claims to be entitled to recover in a Convention country maintenance from another person; or
b: seeks to apply against another person for the variation, suspension, or discharge of any order or other provision in force in a Convention country for the payment of maintenance— and that other person is for the time being subject to the jurisdiction of that Convention country, the first person may apply to the Secretary
2: An application to the Secretary a Registrar of the District Court
a: assist the applicant in completing an application that will comply with the requirements of the law and practice of the Convention country; and
b: send the application to the Secretary
3: On receiving an application under this section from a Registrar, the Secretary
a: the application is not made in good faith; or
b: the application does not comply with the requirements of the law applied by that Convention country.
4: The Secretary a Registrar of the District Court
5: Nothing in this section shall limit the jurisdiction of the District Court section 157 Section 149(1) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 149(2) amended 1 March 2017 section 261 District Court Act 2016 Section 149(2) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 149(2)(b) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 149(3) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 149(4) amended 1 March 2017 section 261 District Court Act 2016 Section 149(4) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995 Section 149(5) amended 1 March 2017 section 261 District Court Act 2016 Miscellaneous provisions as to overseas maintenance
150: Taking of evidence
1: Where in any proceedings under this Part, the evidence of any person is to be taken beyond New Zealand, that evidence may be taken in accordance with the rules of the High Court of New Zealand for the time being governing the examination of witnesses out of New Zealand (not including, in the case of any proceedings under section 145
2: Where a request is made to the Secretary
3: The rules of civil procedure in the High Court of New Zealand shall apply accordingly, with any necessary modifications, to the matters to which this section relates. 1968 No 62 s 72(8) Section 150(2) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995
151: Proof of documents
1: For the purposes of this Part, a document purporting to be signed by a Judge, District Court Judge
2: Every document purporting to be signed, certified, or verified by any of the persons mentioned in subsection (1) shall be admitted in evidence in proceedings under this Part if it appears to be relevant to those proceedings. 1968 No 62 s 69 Section 151(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979
152: Depositions to be evidence
Depositions taken for the purposes of this Part in a court in a Commonwealth country or designated country or Convention country may be received in evidence in proceedings under this Part. 1968 No 62 s 70
153: Conversion of currency
1: Where the sum or sums ordered to be paid under a maintenance order which is registered or confirmed in New Zealand under this Part are expressed in a currency other than the currency of New Zealand, the order shall be registered or confirmed, as the case may require, as if it were an order for payment of such sum or sums in the currency of New Zealand as, on the basis of the rate of exchange prevailing at the date of registration or, as the case may be, of confirmation of the order of the original court, is equivalent to the sum or sums so ordered to be paid.
2: For the purposes of this section, a written certificate purporting to be signed by an officer of any bank in New Zealand or of the Reserve Bank of 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. 1968 No 62 s 75; 1971 No 59 s 12
154: Certificate of Registrar
In any proceedings under or for the purposes of this Part, a certificate purporting to be signed by the Registrar of a court or any similar officer of a country in which a maintenance order is being enforced, stating that a specified amount has been paid into court or to that Registrar or officer under a maintenance order shall be evidence, until the contrary is proved, of the facts stated in the certificate. 1968 No 62 s 76
9: Procedure
155: Applications by agents
1: A person who may apply for a maintenance order under this Act may do so by an agent authorised in writing by that person.
2: If a person is incapable of authorising an agent under subsection (1) to make an application on that person's behalf,—
a: the manager of that person's estate under the Protection of Personal and Property Rights Act 1988
b: where there is no such manager, the next friend of the person may make the application. 1968 No 62 ss 25, 31(1), (3); 1971 No 59 ss 3, 4 Section 155(2)(a) amended 1 October 1988 section 113 Protection of Personal and Property Rights Act 1988
156: Service on disabled person
1: Where a person against whom an order is sought under this Act (other than an order under Part 4 Public Trust the Protection of Personal and Property Rights Act 1988 the Protection of Personal and Property Rights Act 1988 Public Trust Public Trust Public Trust
2: All money payable under any order so made shall be paid by Public Trust Public Trust 1968 No 62 s 118 Section 156(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 156(1) amended 1 October 1988 section 113 Protection of Personal and Property Rights Act 1988 Section 156(2) amended 1 March 2002 section 170(1) Public Trust Act 2001
157: Proceedings where respondent is absent from New Zealand or cannot be found
1: Where an application is made to a court under this Act (not being an application section 47
a: hear and determine the application in the same manner as if the respondent had been served with the appropriate notice of the proceedings; or
b: order any steps to be taken to bring the proceedings to the notice of the respondent, and from time to time amend any such order.
2: An order referred to in subsection (1)(b) may direct that notice of the proceedings be given by advertisement in any newspaper, or by the service of a notice on any solicitor or agent of the respondent or on any other person, or in any manner whatsoever.
3: Where an application is made under section 47
4: Where an application is made under section 47
5: An order referred to in subsection (4) may direct that notice of the proceedings be given by advertisement in any newspaper, or by the service of a notice on any solicitor or agent of the respondent or on any other person, or in any manner whatsoever.
6: Where the court is satisfied that an order referred to in subsection (3) or subsection (4) has been complied with and that a reasonable time has elapsed since the steps directed by the order were taken, the court may if it thinks fit hear and determine the application in the same manner as if the respondent had been served with notice of the application. 1968 No 62 s 119; 1971 No 59 s 23 Section 157(1) amended 1 October 1981 Family Proceedings Amendment Act 1981
158: Proceedings by or against minors
A minor may bring and continue or defend any proceedings under this Act, and an order made under this Act against a minor shall be binding on and may be enforced against the minor, as if the minor were of full age. 1968 No 62 s 128
159: Conduct of proceedings
1: The business of courts and of Judges shall, so far as is consistent with the due despatch of business, be arranged in such manner as may be necessary for the separating of the hearing of proceedings under this Act, under the Care of Children Act 2004 Property (Relationships) Act 1976
2: No person shall be present during the hearing of any proceedings under this Act (other than criminal proceedings or proceedings under section 130
a: officers of the court:
b: parties to the proceedings and their barristers and solicitors:
c: witnesses:
ca: accredited news media reporters:
cb: persons whom the Judge permits to be present as support persons for a party on a request by that party:
d: any other person whom the Judge permits to be present.
3: The Judge must agree to a request under subsection (2)(cb) unless the Judge considers there is a good reason why the named support persons should not be permitted to be present.
4: No support persons may help a party conduct his or her case.
5: If, during a hearing, the Judge requests a person of any of the following kinds to leave the courtroom, the person must do so:
a: a witness:
b: an accredited news media reporter:
c: a support person whom the Judge permitted to be present under subsection (2)(cb).
6: Nothing in this section limits any other power of the court—
a: to hear proceedings in private; or
b: to permit a McKenzie friend to be present; or
c: to exclude any person from the court. 1968 No 62 s 111; 1971 No 59 s 22 Section 159(1) amended 1 July 2005 section 151 Care of Children Act 2004 Section 159(1) amended 1 February 2002 section 14 Family Proceedings Amendment Act 2001 Section 159(2)(ca) inserted 18 May 2009 section 24(1) Family Proceedings Amendment Act 2008 Section 159(2)(cb) inserted 18 May 2009 section 24(1) Family Proceedings Amendment Act 2008 Section 159(3) replaced 18 May 2009 section 24(2) Family Proceedings Amendment Act 2008 Section 159(4) replaced 18 May 2009 section 24(2) Family Proceedings Amendment Act 2008 Section 159(5) replaced 18 May 2009 section 24(2) Family Proceedings Amendment Act 2008 Section 159(6) inserted 18 May 2009 section 24(2) Family Proceedings Amendment Act 2008
160: Applications may be heard together
1: An application under this Act may be joined with an application under the Property (Relationships) Act 1976 or under the Family Court Act 1980
2: A court may hear and determine any proceedings before it under this Act in conjunction with any other proceedings under this Act or under the Care of Children Act 2004 Property (Relationships) Act 1976
a: all the proceedings are between the same parties; or
b: all the proceedings are in respect of members of the same family.
3: Subsection (2) shall apply whether or not any other person is also a party to the proceedings. 1968 No 62 s 117; 1976 No 166 s 56 Section 160(1) amended 1 March 2017 section 261 District Court Act 2016 Section 160(1) amended 31 March 2014 section 7 Family Proceedings Amendment Act (No 2) 2013 Section 160(1) amended 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 160(1) amended 1 February 2002 section 15 Family Proceedings Amendment Act 2001 Section 160(2) amended 1 July 2005 section 151 Care of Children Act 2004 Section 160(2) amended 1 February 2002 section 15 Family Proceedings Amendment Act 2001
161: Intervention
In any proceedings under Part 4 1963 No 71 s 71(1)
162: Appointment of lawyer to represent child in proceedings
1: In any proceedings under this Act (other than criminal proceedings), a court may appoint a lawyer to represent any child who is—
a: the subject of the proceedings; or
b: a party to the proceedings.
2: An appointment under subsection (1) may be made only if the court is satisfied that the appointment is necessary or desirable. Section 162 replaced 31 March 2014 section 8 Family Proceedings Amendment Act (No 2) 2013
162A: Appointment of lawyer to assist court
In any proceedings under this Act (other than criminal proceedings), a court may—
a: appoint a lawyer to assist the court; or
b: direct the Registrar of the court to appoint a lawyer to assist the court. Section 162A inserted 31 March 2014 section 8 Family Proceedings Amendment Act (No 2) 2013
162B: Fees and expenses of lawyer appointed under section 162 or 162A
1: The fees and expenses of a lawyer appointed under section 162 162A
a: be determined in accordance with regulations made under section 16D Family Court Act 1980 a Registrar
b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.
2: An invoice for fees and expenses submitted for payment by a lawyer appointed under section 162 162A
3: A lawyer who is dissatisfied with the decision of the Registrar as to the amount of the invoice may, within 14 days after the date of the decision, apply to a Family Court Judge to review the decision, and the Judge may on the application make any order varying or confirming the decision that the Judge considers fair and reasonable.
4: Where in any proceedings a lawyer has been appointed under section 162 162A section 162C
5: However, no order under section 162C
a: against the Crown, whether acting through the department for the time being responsible for the administration of this Act or otherwise; or
b: in respect of an appointment under section 162A Section 162B inserted 31 March 2014 section 8 Family Proceedings Amendment Act (No 2) 2013 Section 162B(1)(a) amended 8 September 2018 section 50(1) Statutes Amendment Act 2018 Section 162B(1)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 162B(2) replaced 8 September 2018 section 50(2) Statutes Amendment Act 2018
162C: Order requiring reimbursement of costs payments
1: An order referred to in section 162B(4) section 162 162A
2: Despite subsection (1), the court may decline to make an order against a party if satisfied that the order would cause serious hardship to the party or to a dependent child of the party.
3: Each party against whom an order is made under subsection (1) must pay an equal share of the prescribed proportion.
4: Despite subsection (3), if the court is satisfied that, in view of the circumstances of the case, including the conduct of any party, it would be inappropriate to require a party to pay the amount payable in accordance with that subsection, the court may substitute, for that party, a different amount not exceeding the prescribed proportion.
5: In this section,— dependent child, prescribed proportion section 147 section 135A serious hardship
a: includes significant financial difficulties that arise because of—
i: the party's inability to meet minimum living expenses according to normal community standards; or
ii: the cost of medical treatment for an illness or injury of the party or a dependent child of the party; or
iii: a serious illness suffered by the party or by a dependent child of the party; or
iv: the cost of education for a dependent child of the party:
b: does not include significant financial difficulties that arise because—
i: the social activities and entertainment of the party or those of a dependent child of the party may be limited; or
ii: the party is unable to afford goods or services that are expensive or of a high quality or standard according to normal community standards. Section 162C inserted 31 March 2014 section 8 Family Proceedings Amendment Act (No 2) 2013
162D: Enforcement of orders made under section 162C
1: The amount that a party is ordered to reimburse under section 162C the District Court
2: Despite section 219 230 section 156
a: is to be added to the amount sought to be enforced; and
b: must be paid to the Registrar of the court out of any proceeds that result from the enforcement.
3: For the purposes of section 14(1)(b) Section 162D inserted 31 March 2014 section 8 Family Proceedings Amendment Act (No 2) 2013 Section 162D(1) amended 1 March 2017 section 261 District Court Act 2016 Section 162D(2) amended 1 March 2017 section 261 District Court Act 2016
163: Vexatious proceedings
1: The District Court or the Family Court
2: The District Court or the Family Court 1968 No 62 s 113 Section 163(1) amended 1 March 2017 section 261 District Court Act 2016 Section 163(2) amended 1 March 2017 section 261 District Court Act 2016
164: Evidence
Section 164 repealed 31 March 2014 section 17A(g) Family Courts Act 1980
165: Power of District Court or Family Court to call witnesses
1: In any proceedings before it under this Act (not being criminal proceedings) the District Court or the Family Court
2: The power conferred by subsection (1) shall include power to call as a witness any party to the proceedings or the spouse or civil union partner
3: A witness called by the court under this section shall have the same privilege to refuse to answer any question as the witness would have if the witness had been called by a party to the proceedings.
4: A witness called by the court under this section may be—
a: examined and re-examined by the court, or by a lawyer appointed to assist the court; and
b: cross-examined by or on behalf of any party to the proceedings.
5: Sections 159 161 to 165
6: The expenses of any witness called by the court under this section, in accordance with the prescribed scale of witnesses' expenses, shall be paid in the first instance out of public 1968 No 62 s 9 Section 165(1) amended 1 March 2017 section 261 District Court Act 2016 Section 165(2) amended 26 April 2005 section 44(2) Civil Union Act 2004 Section 165(4) replaced 31 March 2014 section 9 Family Proceedings Amendment Act (No 2) 2013 Section 165(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 165(6) amended 1 July 1989 section 86(1) Public Finance Act 1989
166: Proof of certain matters
1: In any proceedings under this Act, a document purporting to be the original or a certified copy of a certificate, entry, or record of a birth, death, or marriage or civil union
2: In any proceedings under this Act, a document purporting to be a decree or order or a certified copy or duplicate of any decree or order made by any court or public authority, whether in New Zealand or elsewhere,—
a: may be received without further proof as evidence of the existence, nature, and purport of that decree or order; and
b: every such decree or order shall be presumed to be valid unless the contrary is proved.
3: 1968 No 62 s 116 Section 166(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 166(3) repealed 1 July 1992 Family Proceedings Amendment Act 1991
167: Standard of proof
Every question of fact arising in any proceedings under this Act (not being criminal proceedings or proceedings under section 130 1968 No 62 s 115
168: Claim by respondent for relief
1: Where an application is made under this Act, the respondent may in reply claim any relief under this Act.
2: Where the court is satisfied that the respondent is entitled to or ought to be granted such relief, it may grant it accordingly. 1963 No 71 s 66
169: Publication of reports of proceedings
Sections 11B to 11D Family Court Act 1980 section 130
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 169 replaced 18 May 2009 section 25 Family Proceedings Amendment Act 2008 Section 169 amended 1 March 2017 section 261 District Court Act 2016 Section 169(a) amended 1 March 2017 section 261 District Court Act 2016
170: Orders by consent
In any proceedings before it under this Act (not being proceedings under Part 4 the District Court or the Family Court 1968 No 62 s 120 Section 170 amended 1 March 2017 section 261 District Court Act 2016
171: Costs
1: Subject to any other provision in this Act, the court, on the hearing of any proceedings before it under this Act, may make such order as to costs as it thinks fit.
2: An order made by the District Court or the Family Court
3: This section is subject to section 162B 1963 No 71 s 74; 1968 No 62 s 121 Section 171(2) amended 1 March 2017 section 261 District Court Act 2016 Section 171(3) inserted 31 March 2014 section 10 Family Proceedings Amendment Act (No 2) 2013
172: Dismissal of application in District Court or Family Court no bar to further proceedings
Neither the dismissal of an application under this Act by the District Court or the Family Court the District Court or the Family Court 1968 No 62 s 122 Section 172 amended 1 March 2017 section 261 District Court Act 2016
173: Rehearings
1: Where an order has been made or refused on an application under this Act (other than an application under Part 4
2: Notice of any such rehearing shall be given to such persons and in such manner as the court directs.
3: If the court grants an application for a rehearing, the operation of the order (not being an order for interim maintenance) shall, unless the court otherwise directs, be suspended pending the determination of the rehearing. 1968 No 62 s 123
10: Appeals
174: Appeals from decisions of
District Court and Family Court
1AA: This subsection applies to a decision of the Family Court or the District Court
a: make or refuse to make an order; or
b: dismiss the proceedings; or
c: otherwise finally determine the proceedings.
1: A party to proceedings in which there is made a decision to which subsection (1AA)
1A: However, no appeal may be made to the High Court under subsection (1) in relation to—
a: criminal proceedings; or
b: a decision under—
i: section 162
ii: section 162A
1B: The High Court Rules 2016 sections 126 to 130 section 124
2: On the ex parte section 126(1)
2A: Subsection (2) overrides subsection (1A).
3: Notwithstanding subsection (1), where an order dissolving a marriage or civil union the Family Court or a Registrar
3A: Subsection (3) overrides subsection (1).
4: The High Court shall not extend the time for appeal against an order dissolving a marriage or civil union
4A: Subsection (4) overrides subsection (1A).
5: A party to any appeal under subsection (1) may, with the leave of the Court of Appeal, appeal to the Court of Appeal against any determination of the High Court in the appeal
6: On an 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.
7:
8:
9: Except in the case of an order made under section 34 section 39(4) 1963 No 71 s 73; 1968 No 62 s 124 Section 174 heading amended 1 March 2017 section 261 District Court Act 2016 Section 174(1AA) inserted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 174(1AA) amended 1 March 2017 section 261 District Court Act 2016 Section 174(1AA) amended 31 March 2014 section 11(1) Family Proceedings Amendment Act (No 2) 2013 Section 174(1) replaced 24 November 2003 section 4 District Courts Amendment Act 2002 Section 174(1) amended 31 March 2014 section 11(2) Family Proceedings Amendment Act (No 2) 2013 Section 174(1A) replaced 31 March 2014 section 11(3) Family Proceedings Amendment Act (No 2) 2013 Section 174(1B) replaced 1 March 2017 section 261 District Court Act 2016 Section 174(2) replaced 24 November 2003 section 4 District Courts Amendment Act 2002 Section 174(2) amended 1 March 2017 section 261 District Court Act 2016 Section 174(2A) inserted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 174(3) amended 1 March 2017 section 261 District Court Act 2016 Section 174(3) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 174(3) amended 1 July 1994 Family Proceedings Amendment Act 1994 Section 174(3A) inserted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 174(4) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 174(4A) inserted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 174(5) amended 1 January 2004 section 47 Supreme Court Act 2003 Section 174(7) repealed 1 January 2004 section 47 Supreme Court Act 2003 Section 174(8) repealed 1 January 2004 section 47 Supreme Court Act 2003
175: Appeals from decisions of High Court
1: Subject to subsections (2) to (5), a party to any proceedings under this Act before the High Court (other than proceedings on an appeal under section 174
2: Where an order dissolving a marriage or civil union section 34 section 39(4) section 14 Family Court Act 1980 section 42
3: Notwithstanding subsection (1), where an order dissolving a marriage or civil union Court of Appeal
4: The Court of Appeal shall not extend the time for appeal against an order dissolving a marriage or civil union
5: Subject to subsection (4), the Court of Appeal may extend the time for appeal on such terms and subject to such conditions as it thinks fit.
6: 1963 No 71 s 73 Section 175(2) amended 1 March 2017 section 261 District Court Act 2016 Section 175(2) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 175(3) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 175(3) amended 1 October 1981 Family Proceedings Amendment Act 1981 Section 175(4) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 175(6) repealed 1 January 2004 section 47 Supreme Court Act 2003
11: Miscellaneous provisions
176: Non-molestation orders
Section 176 repealed 1 March 1983 Domestic Protection Act 1982
177: Interim non-molestation orders
Section 177 repealed 1 March 1983 Domestic Protection Act 1982
178: Orders in respect of matrimonial homes and tenancies
Section 178 repealed 1 March 1983 Domestic Protection Act 1982
179: Orders in respect of matrimonial homes and tenancies where parties living apart
Section 179 repealed 1 March 1983 Domestic Protection Act 1982
180: Recovery of money from estate of deceased party
1: On the death of any person against whom an order for the payment of money has been made under this Act, any money in arrear and unpaid at the time of that person's death shall constitute a debt recoverable out of that person's estate.
2: Notwithstanding subsection (1), unless the order has been made to bind the personal representative of the deceased person, no such arrears in respect of a period longer than 12 months shall be so recoverable without the leave of the court, which may be given on such terms and subject to such conditions as the court specifies.
3: Where, by any order made under section 70 section 99
4: Nothing in subsection (3) shall affect any security given, pursuant to an order under this Act, for the payment of any sum or the rights of any person in respect of that security.
5: Where the estate of the deceased is insufficient for the payment in full of the amounts so payable under 2 or more orders to which subsection (3) applies, so much of the estate as is available for payment of those amounts shall be applied in payment rateably of the amounts so payable under the several orders.
6: Nothing in this section shall restrict the power of the court to make, in respect of any order to which this section applies, an order under section 99 1963 No 71 s 76; 1968 No 62 s 92; 1976 No 166 s 56
181: Incidence of maintenance due by estate of deceased party
1: The incidence of the payments under any order to which section 180(3)
a: where the will of the deceased contains directions relating specifically to the incidence of those payments, the incidence of the payments shall fall upon the assets of the estate in accordance with the directions of the will:
b: subject to any such directions in the will of the deceased, the incidence of the payments shall fall upon the assets of the estate in the same manner as would the incidence of the unsecured debts of the deceased: provided that the incidence of any such payments in respect of which security has been ordered to be given under this Act shall fall primarily on the assets of the estate over which security has been ordered to be given.
2: Notwithstanding anything in subsection (1) or in the will of the deceased, but subject to section 180(3) to (6)
a: fix or vary as between the assets of the estate of the deceased, in such manner as it thinks fit, the incidence of the payments under an order to which section 180(3)
b: exonerate any part of the estate, in whole or in part, from the incidence of the payments under any such order:
c: adjust the burden of the payments under any such order among the persons who are or may be beneficially interested in the estate of the deceased in such other manner as the court thinks fit.
3: The court may from time to time vary an order made under subsection (2) in such manner as the court thinks fit.
4: An order under subsection (2) or subsection (3), or any provision of any such order, may be made on and subject to such terms and conditions as the court thinks fit.
5: An application for an order under subsection (2) or subsection (3) may be made by the personal representative of the deceased or by any person who is interested in the distribution of the estate or by the person who is entitled to the benefit of the order to which section 180(3)
6: Before making any such order, the court shall hear such of the persons who may be affected by the order as it thinks necessary, and may for that purpose direct any personal representative to represent, or appoint any person to represent, any such person.
7: No distribution of any part of the estate lawfully made before the personal representative receives notice that an application for such an order has been made to the court shall be disturbed by reason of the application or of any order on the application, and no action shall lie against the personal representative by reason of his having made such a distribution. 1963 No 71 s 76A; 1968 No 60 s 10(1)
182: Court may make orders as to settled property, etc
1: On, or within a reasonable time after, the making of an order under Part 4 the Family Court or civil union or civil union or civil union
2: Where an order under Part 4 Part 2 or Part 4 of the Matrimonial Proceedings Act 1963 the Family Court
3: In the exercise of its discretion under this section, the court may take into account the circumstances of the parties and any change in those circumstances since the date of the agreement or settlement and any other matters which the court considers relevant.
4: The court may exercise the powers conferred by this section, notwithstanding that there are no children of the marriage or civil union
5: An order made under this section may from time to time be reviewed by the court on the application of either party to the marriage or civil union
6: Notwithstanding subsections (1) to (5), the court shall not exercise its powers under this section so as to defeat or vary any agreement, entered into under Part 6 or civil union or civil union 1963 No 71 s 79; 1968 No 60 s 11; 1976 No 166 s 56 Section 182(1) amended 1 March 2017 section 261 District Court Act 2016 Section 182(1) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 182(1) amended 23 November 1982 Family Proceedings Amendment Act 1982 Section 182(2) amended 1 March 2017 section 261 District Court Act 2016 Section 182(2) amended 23 November 1982 Family Proceedings Amendment Act 1982 Section 182(4) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 182(5) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 182(6) amended 26 April 2005 section 44(1) Civil Union Act 2004 Section 182(6) amended 1 February 2002 section 16 Family Proceedings Amendment Act 2001
183: Dispositions may be restrained
1: Where it appears to the court that a disposition of any property is about to be made, whether for value or not, by or on behalf of or by direction of or in the interests of a party to any proceedings under this Act in order to defeat the claim or rights of any person under Part 6 or under the Child Support Act 1991
2: A 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 solicitor acting in connection with the disposition, shall be void; and the court may consider any claim of any person interested and may make such order as it thinks just. 1963 No 71 s 80 Section 183(1) amended 1 July 1992 Family Proceedings Amendment Act 1991
184: Dispositions may be set aside
1: Where the court is satisfied that any disposition of any property has been made, whether for value or not, by or on behalf of or by direction of or in the interests of a party to proceedings under this Act in order to defeat the claim or rights of any person under Part 6 or under the Child Support Act 1991
2: In any case to which subsection (1) applies, the court may, subject to the provisions of 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 that person's personal representative, shall transfer the property or any part thereof to such person as the court directs; or
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 that person's personal representative, shall pay into court, or to such person as the court directs, a sum not exceeding the difference between the value of the consideration (if any) and the value of the property; or
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 that person's personal representative, or any person who received that interest from any such person otherwise than in good faith and for valuable consideration, shall transfer that interest to such person as the court directs, or shall pay into court or to such person as the court directs a sum not exceeding the value of the interest.
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 position in reliance on having an indefeasible interest in the property or interest that in the opinion of the court, having regard to all possible implications in respect of other persons, it is inequitable to grant relief, or to grant relief in full, as the case may be.
5: The court may, on any application under this section, make such order as to costs as it thinks fit. 1963 No 71 s 81; 1976 No 166 s 56 Section 184(1) amended 1 July 1992 Family Proceedings Amendment Act 1991
185: Separation agreements by persons of unsound mind
1: Notwithstanding anything in any enactment or rule of law, no agreement for separation shall be void or voidable by reason of either party to the agreement being of unsound mind, if, before the agreement is entered into by that party, it has been approved under this section on behalf of that party by a Family Court Judge.
2: The Family Court Judge shall not approve a separation agreement under this section unless the Family Court Judge is satisfied that the person on whose behalf it is to be approved is able to understand the nature and consequences of the agreement.
3: An application under this section shall be made by the person on whose behalf the agreement is to be approved.
4: The Family Court Judge may refer the application to a solicitor nominated by the Family Court Judge, or to Public Trust
5: A person to whom the application is so referred may—
a: file a report in the District Court setting out the results of that person's consideration and examination of the application, and making in respect of it such recommendations as that person thinks proper; and
b: appear and be heard at the hearing of the application— but no such person shall be under any obligation to consider or examine any such application until that person's reasonable costs and expenses have been paid or secured to that person's satisfaction. 1963 No 71 s 85 Section 185(4) amended 1 March 2002 section 170(1) Public Trust Act 2001
186: Court fees
Section 186 repealed 18 May 2009 section 26 Family Proceedings Amendment Act 2008
187: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations—
a:
b: prescribing the matters in respect of which fees are payable under this Act:
c: prescribing fees and expenses for the purposes of this Act:
ca:
cb:
cc:
d: prescribing parentage sections 54 to 57
e: prescribing the manner in which such parentage
f: prescribing the form of reports on parentage
g: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: Regulations under this section are secondary legislation ( see Part 3 1968 No 62 ss 16(5), 50(8), 131 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 187(1)(a) repealed 31 March 2014 section 12 Family Proceedings Amendment Act (No 2) 2013 Section 187(1)(c) replaced 1 July 1992 Family Proceedings Amendment Act 1991 Section 187(1)(ca) repealed 31 March 2014 section 12 Family Proceedings Amendment Act (No 2) 2013 Section 187(1)(cb) repealed 31 March 2014 section 12 Family Proceedings Amendment Act (No 2) 2013 Section 187(1)(cc) repealed 31 March 2014 section 12 Family Proceedings Amendment Act (No 2) 2013 Section 187(1)(d) amended 1 July 2005 section 150 Care of Children Act 2004 Section 187(1)(e) amended 1 July 2005 section 150 Care of Children Act 2004 Section 187(1)(f) amended 1 July 2005 section 150 Care of Children Act 2004 Section 187(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
188: Rules of procedure
1: Subject to Part 9 the District Court
1A: Subject to Part 9 section 16A Family Court Act 1980 of the Family Court
2: Without limiting the generality of the powers conferred by subsection (1) or section 16A Family Court Act 1980
a: prescribe such forms as are necessary for the purposes of this Act:
b: prescribe the costs and charges to be paid by one party in the proceedings to the other party, in addition to money paid out of pocket:
c: prescribe fees payable to persons giving evidence in the proceedings and the persons liable to pay those fees; and authorise the refund or remission of those fees:
d: require any party to the proceedings or any person required to appear in answer to a summons under section 124(1)
e: provide for the taking of evidence in the proceedings, whether in New Zealand or elsewhere, including—
i: the prescribing of the procedure for the taking of the evidence of witnesses who are beyond New Zealand; and
ii: the taking of evidence before any District Court Judge or the Registrar of any court (whether or not the proceedings were commenced in that court) and the making of such incidental provision as the Governor-General thinks fit, including provisions for requiring the attendance of witnesses, the answering of questions, and the production of documents:
f: facilitate communications between courts in New Zealand and courts in countries outside New Zealand for the purpose of Part 8
g: provide for any other matters in respect of which rules are contemplated under this Act.
3: See section 228 section 16A 1963 No 71 s 87; 1968 No 62 s 110 Section 188(1) amended 1 March 2017 section 261 District Court Act 2016 Section 188(1) amended 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 188(1A) inserted 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 188(1A) amended 1 March 2017 section 261 District Court Act 2016 Section 188(2) amended 1 March 2017 section 261 District Court Act 2016 Section 188(2) amended 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 188(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
189: Amendments to other enactments, and repeals
1: The enactments specified in Schedule 1
2: Subject to sections 191 192
a: every reference to the Matrimonial Proceedings Act 1963 Domestic Proceedings Act 1968
b: every reference to a decree of dissolution of a voidable marriage or a decree of divorce made under any former Act shall hereafter be read as a reference to an order dissolving a marriage:
c: every reference to a decree nisi made under any former Act shall hereafter be read as a reference to an order dissolving a marriage that has not taken effect as a final order:
d: every reference to a decree absolute made under any former Act shall hereafter be read as a reference to an order dissolving a marriage that has taken effect as a final order.
3: The enactments specified in Schedule 2
4: In this section, former Act 1963 No 71 ss 89, 90; 1968 No 62 ss 133, 134 2014-03-31 Family Proceedings Amendment Act 2008 Family Proceedings Amendment Act 2013 Items inserted in Sch 2 on that date
190: Related amendments to Domestic Actions Act 1975
(1), (2): Amendment(s) incorporated in the Act(s).
3: This section shall come into force on the day on which this Act receives the Governor-General's assent.
191: Savings
1: Notwithstanding section 118(6) section 189(3)
2: The repeal of any enactment by section 189(3)
3: Notwithstanding section 189(3)
4: The repeal of the Domestic Proceedings Amendment Act 1971 by section 189(3)
a: section 25 of that Act were still in force; and
b: the application were an application for a variation under section 99
5: Section 99 1963 No 71 s 90(2)
192: Transitional provisions
1: Notwithstanding section 189(3)
a: all criminal proceedings that have been commenced under the Matrimonial Proceedings Act 1963 or the Domestic Proceedings Act 1968 and are pending at the commencement of section 189
b: all proceedings that have been commenced under Part 2 or Part 4 of the Matrimonial Proceedings Act 1963 and are pending at the commencement of section 189
c: all other proceedings that have been commenced under any other provision of the Matrimonial Proceedings Act 1963 or the Domestic Proceedings Act 1968, and are pending at the commencement of section 189 notwithstanding section 18(2)
i: if the hearing of those proceedings has not commenced, under this Act; and
ii: if the hearing of those proceedings has commenced, as if this Act had not been passed.
2: On the commencement of section 189(3)
3: On the commencement of section 189(3)
4: Subject to subsections (1) to (3), this Act shall apply to every order—
a: that has been made under the Matrimonial Proceedings Act 1963 or the Domestic Proceedings Act 1968 or to which either of those Acts applied; and
b: is of the kind that could have been made under this Act if this Act were then in force— as if it had been made under this Act.
5: Notwithstanding subsection (4), no application may be made under section 99
6: This Act shall apply to every maintenance agreement registered under the Domestic Proceedings Act 1968 at the commencement of section 83 1963 No 71 s 91; 1968 No 62 s 132 Section 192(1)(c) amended 1 October 1981 Family Proceedings Amendment Act 1981
193: Transitional provision for counselling or mediation arranged before commencement of Family Proceedings Amendment Act (No 2) 2013
If any counselling or mediation has been arranged under Part 2 Family Proceedings Amendment Act (No 2) 2013
a: the counselling or mediation may be commenced or completed on or after the date of commencement of the Family Proceedings Amendment Act (No 2) 2013
b: the counselling or mediation may not be commenced or continued 4 months after the date of commencement of the Family Proceedings Amendment Act (No 2) 2013 Section 193 inserted 31 March 2014 section 13 Family Proceedings Amendment Act (No 2) 2013
194: Transitional provision for proceedings commenced before commencement of Family Proceedings Amendment Act (No 2) 2013
1: This section applies to proceedings under this Act that were commenced before the date of commencement of the Family Proceedings Amendment Act (No 2) 2013 pending proceeding
2: The following provisions do not apply to a pending proceeding:
a: section 162A
b: section 162B
c: section 162C
d: section 162D
3: Section 162 Family Proceedings Amendment Act (No 2) 2013 Section 194 inserted 31 March 2014 section 13 Family Proceedings Amendment Act (No 2) 2013 |
DLM38575 | 1980 | Local Government Amendment Act 1980 | 1: Short Title and commencement
1: This Act may be cited as the Local Government Amendment Act 1980, and shall be read together with and deemed part of the Local Government Act 1974
2: Sections 51 54
3: Section 58
4: Except as provided in subsections (2) (3)
1: Amendments of principal Act
2: Interpretation
1:
2: Every reference in the principal Act or in any other enactment to the principal officer of a regional council, united council, or territorial authority shall be read as a reference to the principal administrative officer of that council or authority. Subsection (1) repealed 1 November 1989 2(19)(c) Local Government Amendment Act (No 2) 1989
3: Sections 3–4 repealed 1 April 1990 4(1) Local Government Amendment Act (No 2) 1989
4: Sections 3–4 repealed 1 April 1990 4(1) Local Government Amendment Act (No 2) 1989
5: Sections 5–9 repealed 1 November 1989 3(1) Local Government Amendment Act (No 2) 1989
6: Sections 5–96 repealed 1 November 1989 3(1) Local Government Amendment Act (No 2) 1989
7: Sections 5–9 repealed 1 November 1989 3(1) Local Government Amendment Act (No 2) 1989
8: Sections 5–9 repealed 1 November 1989 3(1) Local Government Amendment Act (No 2) 1989
9: Sections 5–9 repealed 1 November 1989 3(1) Local Government Amendment Act (No 2) 1989
10: Section 10 repealed 1 November 1989 9(1)(b) Local Government Amendment Act (No 2) 1989
11: Section 11 repealed 1 November 1989 6(1) Local Government Amendment Act (No 2) 1989
12: Section 12 repealed 17 June 1986 13 Local Government Amendment Act 1986
13: Sections 13–14 repealed 1 April 1990 21(1) Local Government Amendment Act (No 2) 1989
14: Sections 13–14 repealed 1 April 1990 21(1) Local Government Amendment Act (No 2) 1989
15: Sections 15–25 repealed 29 June 1988 Rating Powers Act 1988 amended 29 June 1988 Rating Powers Amendment Act No 2) 1989
16: Sections 15–25 repealed 29 June 1988 Rating Powers Act 1988 amended 29 June 1988 Rating Powers Amendment Act No 2) 1989
17: Sections 15–25 repealed 29 June 1988 Rating Powers Act 1988 amended 29 June 1988 Rating Powers Amendment Act No 2) 1989
18: Sections 15–25 repealed 29 June 1988 Rating Powers Act 1988 amended 29 June 1988 Rating Powers Amendment Act No 2) 1989
19: Sections 15–25 repealed 29 June 1988 Rating Powers Act 1988 amended 29 June 1988 Rating Powers Amendment Act No 2) 1989
20: Sections 15–25 repealed 29 June 1988 Rating Powers Act 1988 amended 29 June 1988 Rating Powers Amendment Act No 2) 1989
21: Sections 15–25 repealed 29 June 1988 Rating Powers Act 1988 amended 29 June 1988 Rating Powers Amendment Act No 2) 1989
22: Sections 15–25 repealed 29 June 1988 Rating Powers Act 1988 amended 29 June 1988 Rating Powers Amendment Act No 2) 1989
23: Sections 15–25 repealed 29 June 1988 Rating Powers Act 1988 amended 29 June 1988 Rating Powers Amendment Act No 2) 1989
24: Sections 15–25 repealed 29 June 1988 Rating Powers Act 1988 amended 29 June 1988 Rating Powers Amendment Act No 2) 1989
25: Sections 15–25 repealed 29 June 1988 Rating Powers Act 1988 amended 29 June 1988 Rating Powers Amendment Act No 2) 1989
26: Section 26 repealed 16 December 1989 Local Government Reform (Transitional Provisions) Act 1990
27: Financial records
1:
2: The Local Government Amendment Act 1979 Schedule 2 section 202 Subsection (1) repealed 1 July 1990 22(1)(k) Local Government Amendment Act (No 2) 1989
28: Section 28 repealed 30 March 1985 39(3) Local Government Amendment Act 1985
29: Rates of interest
1:
2: The Local Government Amendment Act 1979 Part 1 section 221 Subsection (1) repealed 1 July 1990 22(1)(k) Local Government Amendment Act (No 2) 1989
30: Section 30 repealed 1 July 1990 22(1)(k) Local Government Amendment Act (No 2) 1989
31: Sale or exchange of council land
Section 31 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
32: Removal of Crown exemption from requirements relating to scheme plan of subdivision
Section 275(1) section 2 Local Government Amendment Act 1978 paragraph (b)
33: Bonds
1: This subsection substituted section 304
2: The Local Government Amendment Act 1979 Schedule 2 section 304
34: Section 34 repealed 18 May 1982 Local Government Amendment Act 1982
35:
36: Section 36 repealed 18 May 1982 Local Government Amendment Act 1982
37:
38:
39:
40:
41: Section 41 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
42: Section 42 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
43:
1:
2: Subsection (1) repealed 1 February 1983 Gas Act 1982
44: Section 44 repealed 14 August 1986 8(2)(f) Local Government Amendment Act (No 3) 1986
45: Section 45 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
46: Sections 46–47 repealed 17 June 1986 13 Local Government Amendment Act 1986
47: Sections 46–47 repealed 17 June 1986 13 Local Government Amendment Act 1986
48:
49:
50: Section 50 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
51: Section 51 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
52: Section 52 repealed 6 June 1989 41(8)(e) Local Government Amendment Act (No 2) 1989
53:
54: Section 54 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314
2: Amendments of other acts
55: Section 55 repealed 24 December 1986 3(1)(a) Finance Act 1986
56: Harbours Act 1950
1: This subsection substituted the definition of local authority section 2(1) of the Harbours Act 1950
2: Section 2(3) of the Harbours Amendment Act 1977
3: The Local Government Amendment Act (No 3) 1977 Part 2 Harbours Act 1950
57: Section 57 repealed 29 June 1988 Rating Powers Act 1988
58: |
DLM42253 | 1980 | Family Court Act 1980 | 1:
1: This Act is the Family Court Act 1980
2: Except as provided in subsection (3), this Act shall come into force on 1 October 1981.
3: Section 6 Section 1 heading amended 1 March 2017 section 251(1) District Court Act 2016 Section 1(1) amended 1 March 2017 section 251(2) District Court Act 2016
1A: Purpose
The purpose of this Act is to—
a: establish a Family Court as a division of the District Court; and
b: provide for the constitution, jurisdiction, powers, and procedures of the Family Court. Section 1A inserted 1 March 2017 section 252 District Court Act 2016
2: Interpretation
In this Act, unless the context otherwise requires,— District Court Rules section 228 Family Court Judge Family Court Rules section 16A Section 2 replaced 13 September 2002 section 3 Family Courts Amendment Act 2000 Section 2 District Court Rules inserted 1 March 2017 section 261 District Court Act 2016 Section 2 District Courts Rules repealed 1 March 2017 section 261 District Court Act 2016 Section 2 Family Court Rules inserted 1 March 2017 section 261 District Court Act 2016 Section 2 Family Courts Rules repealed 1 March 2017 section 261 District Court Act 2016
3: Act to bind the Crown
This Act shall bind the Crown.
4: Establishment of Family Court
The District Court has a division known as the Family Court. Section 4 replaced 1 March 2017 section 261 District Court Act 2016
5: Appointment of Family Court Judges
1: The Governor-General shall from time to time, by warrant under his hand, appoint sufficient Family Court Judges to exercise the jurisdiction of the Family Court
2: A person shall not be appointed to be a Family Court Judge unless—
a: he is, or is eligible to be, a District Court Judge; and
b: he is, by reason of his training, experience, and personality, a suitable person to deal with matters of family law.
3: If the appointee is not, at the time of his appointment, a District Court Judge, he shall be appointed to that office.
4: Notwithstanding his appointment as a Family Court Judge, any Family Court Judge may from time to time sit as or exercise any of the powers of a District Court Judge.
5: Subject to subsection (6), every Family Court Judge shall hold that office so long as he holds office as a District Court Judge.
6: With the prior approval of the Governor-General, any Family Court Judge may resign that office without resigning his office as a District Court Judge. Section 5(1) amended 1 March 2017 section 261 District Court Act 2016
6: Principal Family Court Judge
1: The Governor-General must, on the advice of the Attorney-General, appoint a Principal Family Court Judge.
2: The appointment must be for a period of 8 years, and the person is not eligible for reappointment.
3: A person's appointment as Principal Family Court Judge ceases if he or she ceases to hold office as a District Court Judge.
4: With the prior approval of the Governor-General, the Principal Family Court Judge may resign that office but continue in office as a District Court Judge.
5: To avoid doubt, a person does not cease to hold office as a District Court Judge solely because the term of the person's appointment as Principal Family Court Judge has come to an end.
6: Despite subsection (2)
7: The Principal Family Court Judge is responsible for ensuring the orderly and expeditious discharge of the business of the court in consultation with the Chief District Court Judge. Section 6 replaced 20 May 2004 section 3 Family Courts Amendment Act 2004
7: Acting Family Court Judges
1: The Chief District Court Judge may authorise a Family Court Judge to act in place of the Principal Family Court Judge if—
a: the Principal Family Court Judge is absent for any reason; or
b: the office of the Principal Family Court Judge is vacant.
2: The Governor-General may at any time during the illness or absence of any Family Court Judge, or for any other temporary purpose, by warrant under his hand, appoint 1 or more District Court Judges (including any Judge appointed under section 31 Section 7(1) replaced 1 March 2017 section 4 Family Courts Amendment Act 2016 Section 7(2) amended 1 March 2017 section 261 District Court Act 2016
7A: Appointment of Family Court Associates
1: The Governor-General may, on the recommendation of the Attorney-General, appoint 1 or more Family Court Associates.
2: The Governor-General appoints a Family Court Associate by a signed warrant of appointment.
3: A Family Court Associate may be appointed on a part-time or full-time basis.
4: A person may be appointed a Family Court Associate if the person—
a: has, for at least 7 years, held a New Zealand practising certificate as a barrister or as a barrister and solicitor; and
b: is, by reason of their training, experience, and personality a suitable person to hold the office of Family Court Associate. Section 7A inserted 6 June 2023 section 4 Family Court (Family Court Associates) Legislation Act 2023
7B: Term of appointment of Family Court Associates
A Family Court Associate is appointed for a term of not more than 7 years and may be reappointed for 1 or more further terms. Section 7B inserted 6 June 2023 section 4 Family Court (Family Court Associates) Legislation Act 2023
7E: Remuneration of Family Court Associates
1: A Family Court Associate must be paid, out of public money and without further appropriation than this section,—
a: a salary, a fee, or an allowance at the rate determined by the Remuneration Authority; and
b: any additional allowances, (including travelling allowances and expenses) in accordance with the Fees and Travelling Allowances Act 1951
2: Expenses may be incurred, without further appropriation than this section, to meet the salaries, fees, or allowances determined under subsection (1)(a).
3: For the purposes of subsection (1)(b), the Fees and Travelling Allowances Act 1951 section 2 Section 7E inserted 6 June 2023 section 4 Family Court (Family Court Associates) Legislation Act 2023
7F: Remuneration of Family Court Associates must not be reduced
The remuneration payable to a Family Court Associate must not be reduced while the Family Court Associate holds office. Section 7F inserted 6 June 2023 section 4 Family Court (Family Court Associates) Legislation Act 2023
7G: Restrictions on Family Court Associates
A Family Court Associate must not—
a: hold any office or engage in any employment or occupation that will, in the opinion of the Governor-General, impair the proper discharge of the functions of a Family Court Associate; or
b: practise as a lawyer; or
c: be employed by the Ministry of Justice or the Department of Corrections. Section 7G inserted 6 June 2023 section 4 Family Court (Family Court Associates) Legislation Act 2023
7I: Resignation of Family Court Associates
A Family Court Associate may at any time resign by written notice to the Attorney-General. Section 7I inserted 6 June 2023 section 4 Family Court (Family Court Associates) Legislation Act 2023
7J: Removal of Family Court Associates
1: The Governor-General may, on the advice of the Attorney-General, remove a Family Court Associate from office for inability or misbehaviour.
2: Subsection (1) is subject to sections 33(2) 34
a: a Judicial Conduct Panel has reported to the Attorney-General that it is of the opinion that consideration of the removal of the Family Court Associate is justified; or
b: the Family Court Associate has been convicted of a criminal offence punishable by imprisonment for 2 or more years and the Attorney-General takes steps independently of that Act to initiate the removal of the Family Court Associate. Section 7J inserted 6 June 2023 section 4 Family Court (Family Court Associates) Legislation Act 2023
8: Counselling supervisors, counsellors, and other officers
1: There shall from time to time be appointed under the Public Service Act 2020 Ministry of Justice chief executive of the Ministry of Justice Court
2: Without limiting subsection (1), there may from time to time be appointed under the Public Service Act 2020 the Family Court to perform any function conferred on it
3: Every such counselling supervisor, counsellor, and other officer, while performing any duty under the auspices of the Family Court, is for the purposes of the District Court Act 2016 Section 8(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 8(1) amended 1 March 2017 section 261 District Court Act 2016 Section 8(1) amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 8(1) amended 1 October 2003 section 14(2) State Sector Amendment Act 2003 Section 8(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 8(2) amended 1 March 2017 section 261 District Court Act 2016 Section 8(3) amended 1 March 2017 section 261 District Court Act 2016
9: Stationing of Judges and sittings of courts
1: Each Family Court Judge shall be stationed in such town and shall sit in such court as may from time to time be determined by the Principal Family Court Judge.
2: Notwithstanding anything in subsection (1), the fact that a Family Court Judge sits in any particular court shall be conclusive evidence of his authority to do so, and no exercise of any jurisdiction or power by a Family Court Judge shall be questioned on the ground that he was not stationed in the town or authorised to sit in the court where he exercised the jurisdiction or power.
3: Subject to subsection (4), sessions of the Family Court the sessions
4: The days appointed for regular sessions of the Family Court are
5: In exercising his powers under this section, the Principal Family Court Judge shall consult with the Chief District Court Judge.
6: This section is subject to section 24 Section 9(3) amended 1 March 2017 section 261 District Court Act 2016 Section 9(4) amended 1 March 2017 section 261 District Court Act 2016 Section 9(6) replaced 1 March 2017 section 261 District Court Act 2016
9A: Duty of lawyers to promote conciliation
1: A lawyer acting for a party in any proceeding in the Family Court must, so far as possible, promote conciliation.
2: In subsection (1) party Section 9A inserted 31 March 2014 section 4 Family Courts Amendment Act 2013
9B: Role of lawyer appointed to represent child or young person in proceedings
1: The role of a lawyer who is appointed to represent a child or young person in proceedings is to—
a: act for the child or young person in the proceedings in a way that the lawyer considers promotes the welfare and best interests of the child or young person:
b: ensure that any views expressed by the child or young person to the lawyer on matters affecting the child or young person and relevant to the proceedings are communicated to the court:
c: assist the parties to reach agreement on the matters in dispute in the proceedings to the extent to which doing so is in the best interests of the child or young person:
d: provide advice to the child or young person, at a level commensurate with that child's or young person's level of understanding, about—
i: any right of appeal against a decision of the court; and
ii: the merits of pursuing any such appeal:
e: undertake any other task required by or under any other Act.
2: To facilitate the role set out in subsection (1)(b)
3: However, subsection (2)
4: A lawyer appointed to represent a child or young person in proceedings may—
a: call any person as a witness in the proceedings:
b: cross-examine witnesses called by any party to the proceedings or by the court. Section 9B inserted 31 March 2014 section 4 Family Courts Amendment Act 2013
9C: Role of lawyer appointed to assist court
1: The role of a lawyer who is appointed to assist the court in proceedings is to—
a: provide independent legal advice to the court on any complex factual or legal issue requested by the court:
b: offer an impartial perspective in relation to any issue arising in the proceedings:
c: undertake any other task required by or under any other Act.
2: A lawyer appointed to assist the court in proceedings may—
a: call any person as a witness in the proceedings:
b: cross-examine witnesses called by any party to the proceedings or by the court. Section 9C inserted 31 March 2014 section 4 Family Courts Amendment Act 2013
10: Avoidance of unnecessary formality
1: Family Court proceedings shall be conducted in such a way as to avoid unnecessary formality.
2: A Judge sitting in the Family Court
3: A lawyer appearing in the Family Court Section 10(2) replaced 18 May 2009 section 6 Family Courts Amendment Act 2008 Section 10(2) amended 1 March 2017 section 261 District Court Act 2016 Section 10(3) inserted 18 May 2009 section 6 Family Courts Amendment Act 2008 Section 10(3) amended 1 March 2017 section 261 District Court Act 2016
11: Jurisdiction of Family
Court
1: The Family Court must hear and determine all the proceedings that are to be heard and determined by the court
a: the Marriage Act 1955
b: the Adoption Act 1955
c: the Care of Children Act 2004
d: the Domestic Actions Act 1975
e: the Property (Relationships) Act 1976
f: the Family Proceedings Act 1980
g: the Child Support Act 1991
ga: the Oranga Tamariki Act 1989
gb: the Law Reform (Testamentary Promises) Act 1949
gc: the Family Protection Act 1955
gd: the Wills Act 2007
gd: the Civil Union Act 2004
h: any other enactment for the time being in force.
1A:
2: Subject to subsection (3) on the Family Court
3: Nothing in this section shall prevent the District Court Section 11 heading amended 1 March 2017 section 261 District Court Act 2016 Section 11(1) amended 1 March 2017 section 261 District Court Act 2016 Section 11(1)(c) amended 1 July 2005 section 151 Care of Children Act 2004 Section 11(1)(e) replaced 1 February 2002 section 64(2) Property (Relationships) Amendment Act 2001 Section 11(1)(g) replaced 1 July 1992 section 247 Child Support Act 1991 Section 11(1)(ga) inserted 1 November 1989 section 449 Children, Young Persons, and Their Families Act 1989 Section 11(1)(ga) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 11(1)(gb) inserted 1 July 1992 Family Courts Amendment Act 1991 Section 11(1)(gc) inserted 1 July 1992 Family Courts Amendment Act 1991 Section 11(1) first paragraph (gd) inserted 1 November 2007 section 41 Wills Act 2007 Section 11(1) second paragraph (gd) inserted 20 September 2007 section 4 Family Courts Amendment Act 2007 Section 11(1A) repealed 1 February 2002 section 64(2) Property (Relationships) Amendment Act 2001 Section 11(2) amended 1 March 2017 section 261 District Court Act 2016 Section 11(3) amended 1 March 2017 section 261 District Court Act 2016
11A: Attendance at hearings
1: Unless the Act under which proceedings are brought provides otherwise, the only persons who may attend a hearing of proceedings in the Family Court
a: officers of the court:
b: parties to the proceedings:
c: lawyers representing parties to the proceedings:
d: witnesses:
e: accredited news media reporters:
f: persons whom the Family Court Judge permits to be present as support persons for a party on a request by that party:
g: any other persons whom the Family Court Judge permits to be present.
2: The Family Court Judge must agree to a request under subsection (1)(f) unless the Judge considers there is a good reason why the named support persons should not be permitted to be present.
3: No support persons may help a party conduct his or her case.
4: If, during a hearing, the Family Court Judge requests a person of any of the following kinds to leave the courtroom, the person must do so:
a: a witness:
b: an accredited news media reporter:
c: a support person whom the Judge permitted to be present under subsection (1)(f).
5: Nothing in this section limits any other power of the court—
a: to hear proceedings in private; or
b: to permit a McKenzie friend to be present; or
c: to exclude any person from the court. Section 11A inserted 18 May 2009 section 7 Family Courts Amendment Act 2008 Section 11A(1) amended 1 March 2017 section 261 District Court Act 2016
11B: Publication of reports of proceedings
1: Any person may publish a report of proceedings in the Family Court
2: Subsection (1) is subject to subsection (3).
3: A person may not, without the leave of the court, publish a report of proceedings in the Family Court
a: a person under the age of 18 years—
i: is the subject of the proceedings; or
ii: is a party to the proceedings; or
iii: is an applicant in the proceedings; or
iv: is referred to in the proceedings; or
b: a vulnerable person—
i: is the subject of the proceedings; or
ii: is a party to the proceedings; or
iii: is an applicant in the proceedings.
4: However, subsection (3) does not apply to—
a: a report of proceedings in a publication that—
i: is genuinely of a professional or technical nature (including a publication that is intended for circulation among members of the legal or medical professions, officers of the public service
ii: does not include the name of—
A: any person under the age of 18 years who is the subject of the proceedings, or who is referred to in the proceedings:
B: any vulnerable person who is the subject of the proceedings:
C: any parties or applicants in the proceedings where subsubparagraph (A) or (B) applies:
D: any school that a person who is the subject of proceedings under the Oranga Tamariki Act 1989
b: a publication of statistical information relating to the proceedings.
5: The court may grant leave under subsection (3) with or without conditions.
6: Every person who contravenes this section commits an offence against this Act and is liable on
a: in the case of an individual, either to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $2,000:
b: in the case of a body corporate, to a fine not exceeding $10,000.
7: Subsection (6) does not limit the power of a court to punish any contempt of court.
8: This section is subject to any other enactment relating to the publication or regulation of the publication of reports or particulars of a Family Court proceeding. Section 11B inserted 18 May 2009 section 7 Family Courts Amendment Act 2008 Section 11B(1) amended 1 March 2017 section 261 District Court Act 2016 Section 11B(3) amended 1 March 2017 section 261 District Court Act 2016 Section 11B(4)(a)(i) amended 7 August 2020 section 135 Public Service Act 2020 Section 11B(4)(a)(ii)(D) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 11B(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011
11C: Meaning of identifying information
1: For the purposes of section 11B identifying information
a: a party to the proceedings:
b: an applicant in the proceedings:
c: a person who is the subject of the proceedings:
d: a person who is related to, or associated with, a person referred to in paragraphs (a) to (c) or who is, or may be, in any other way concerned in the matter to which the proceedings relate (for example, a support person for a party).
2: For the purposes of section 11B Oranga Tamariki Act 1989 identifying information Section 11C inserted 18 May 2009 section 7 Family Courts Amendment Act 2008 Section 11C(2) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
11D: Meaning of vulnerable person
For the purposes of section 11B vulnerable person
a: a person in respect of whom the Family Court Part 1 3
b: a person in respect of whom a personal order has been made under the Protection of Personal and Property Rights Act 1988
c: a person subject to a property order under the Protection of Personal and Property Rights Act 1988
d: a donor of an enduring power of attorney who is involved in proceedings under Part 9
e: a person who is a proposed patient, patient, or restricted patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992
f: a person who has applied to the Family Court section 28
g: a person who is a proposed care recipient or care recipient within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
h: a person who has applied for a protection order under the Family Violence Act 2018
i: a person whom the court considers likely for any other reason to be particularly susceptible to any adverse consequences associated with the publication of a report of the proceedings that contains identifying information. Section 11D inserted 18 May 2009 section 7 Family Courts Amendment Act 2008 Section 11D(a) amended 1 March 2017 section 261 District Court Act 2016 Section 11D(f) amended 1 March 2017 section 261 District Court Act 2016 Section 11D(h) amended 1 July 2019 section 259(1) Family Violence Act 2018
12: Proceedings to be brought and dealt with under Family
Court While any Family Court Rules are in force, all proceedings in the Family Court (and all proceedings in the District Court section 15 section 151 Oranga Tamariki Act 1989 Section 12 replaced 13 September 2002 section 4 Family Courts Amendment Act 2000 Section 12 heading amended 1 March 2017 section 261 District Court Act 2016 Section 12 amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 12 amended 1 March 2017 section 261 District Court Act 2016
12A: Evidence
1: This section applies to a proceeding—
a: under an Act specified in subsection (2); and
b: in a court described in subsection (3).
2: The Acts referred to in subsection (1)(a) are as follows:
a: Adoption Act 1955
b: Care of Children Act 2004
c: Child Support Act 1991
d: Oranga Tamariki Act 1989
e:
f: Family Proceedings Act 1980
fa: Family Violence Act 2018
g: Property (Relationships) Act 1976
h: Protection of Personal and Property Rights Act 1988
i: Civil Union Act 2004
j: Marriage Act 1955
3: The courts referred to in subsection (1)(b) are as follows:
a: the Family Court:
b: the District Court having concurrent jurisdiction with the Family Court:
c: the District Court acting under section 15
d: the District Court hearing a proceeding under section 151 Oranga Tamariki Act 1989
da: the District Court hearing a proceeding under Part 3
e: any other court hearing a proceeding that is—
i: under an Act specified in subsection (2); and
ii: not a criminal proceeding; and
iii: one in which the court receives evidence or further evidence.
4: The effect of section 5(3) Section 12A inserted 31 March 2014 section 5 Family Courts Amendment Act 2013 Section 12A(2)(d) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 12A(2)(e) repealed 1 July 2019 section 259(1) Family Violence Act 2018 Section 12A(2)(fa) inserted 1 July 2019 section 259(1) Family Violence Act 2018 Section 12A(2)(i) inserted 14 August 2018 section 31 Minors (Court Consent to Relationships) Legislation Act 2018 Section 12A(2)(j) inserted 14 August 2018 section 31 Minors (Court Consent to Relationships) Legislation Act 2018 Section 12A(3) replaced 1 March 2017 section 261 District Court Act 2016 Section 12A(3)(d) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 12A(3)(da) inserted 1 July 2019 section 259(1) Family Violence Act 2018
13: Court may state case for High Court
The Family Court Section 13 amended 1 March 2017 section 261 District Court Act 2016
14: Transfer of proceedings to High Court
Subject to the Act under which any proceedings are brought, the Family Court Section 14 amended 1 March 2017 section 261 District Court Act 2016
15: District
Court Notwithstanding anything in section 11 the District Court
a: deal with any interlocutory matter relating to any proceedings that are being or are to be heard by the Family Court
b: hear and determine any ex parte
c: by the consent of all the parties to the proceedings, make any order or exercise any power—
i: that, by virtue of any enactment or rule of law, may be made or exercised by the consent of all the parties; and
ii: that could have been made or exercised by the Family Court Section 15 heading amended 1 March 2017 section 261 District Court Act 2016 Section 15 amended 1 March 2017 section 261 District Court Act 2016 Section 15(a) amended 1 March 2017 section 261 District Court Act 2016 Section 15(c)(ii) amended 1 March 2017 section 261 District Court Act 2016
15A: Application of Contempt of Court Act 2019
1: Subparts 2 4 sections 25 26(1) and (2)
2: Those provisions apply to proceedings of the Family Court as if—
a: references to a court include the Family Court; and
b: references to a judicial officer or to a Judge include Judges of the Family Court. Section 15A inserted 26 August 2020 section 29 Contempt of Court Act 2019
16: Application of District Court Act 2016
1: Subject to subsections (2) to (4), the District Court Act 2016
2: Where any of the provisions of this Act conflict with any of the provisions of the District Court Act 2016
3: Nothing in sections 24 72
4: Nothing in sections 125 to 130 Section 16 replaced 1 March 2017 section 261 District Court Act 2016
16A: Family
Court
1: The Governor-General may from time to time, by Order in Council, make rules regulating the practice and procedure of the Family Court
2: Rules made under subsection (1)
a: apply (with or without modification) specified District Court the Family Court the Family Court
b:
c: prescribe the form and contents of documents:
d: prescribe any forms that are necessary for the purposes of this Act or any specified Act, or authorise any specified person or persons to prescribe or approve forms, and require the use of such forms:
e: prescribe 1 or more methods for serving documents:
f: prescribe 1 or more methods for giving notice:
g: provide for the transfer of proceedings between the Family Court
h: provide for the keeping, searching, and transfer of records:
i: provide for any other matters in respect of which rules regulating the practice or procedure of the Family Court
3: Subsection (2) does not limit the powers conferred by subsection (1).
4: For the purposes of subsection (2)(i), each of the following Acts is a specified Act:
a: the Adoption Act 1955
b: the Births, Deaths, Marriages, and Relationships Registration Act 2021
c: the Child Support Act 1991
d: the Oranga Tamariki Act 1989
da: the Civil Union Act 2004
e: the Domestic Actions Act 1975
f:
g: the Family Proceedings Act 1980
h: the Family Protection Act 1955
ha: the Family Violence Act 2018
i: the Care of Children Act 2004
j: the Law Reform (Testamentary Promises) Act 1949
k: the Marriage Act 1955
l: the Property (Relationships) Act 1976
m: the Protection of Personal and Property Rights Act 1988
5: The following are secondary legislation ( see Part 3
a: rules under this section:
b: rules of practice and procedure for the Family Court under any other enactment. 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 16A inserted 13 September 2002 section 5 Family Courts Amendment Act 2000 Section 16A heading amended 1 March 2017 section 261 District Court Act 2016 Section 16A(1) amended 1 March 2017 section 261 District Court Act 2016 Section 16A(2)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 16A(2)(b) repealed 18 May 2009 section 8 Family Courts Amendment Act 2008 Section 16A(2)(g) amended 1 March 2017 section 261 District Court Act 2016 Section 16A(2)(i) amended 1 March 2017 section 261 District Court Act 2016 Section 16A(4)(b) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 16A(4)(b) amended 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 16A(4)(d) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 16A(4)(da) inserted 26 April 2005 section 46 Civil Union Act 2004 Section 16A(4)(f) repealed 1 July 2019 section 259(1) Family Violence Act 2018 Section 16A(4)(ha) inserted 1 July 2019 section 259(1) Family Violence Act 2018 Section 16A(4)(i) amended 1 July 2005 section 151 Care of Children Act 2004 Section 16A(4)(l) amended 13 September 2002 section 64(2) Property (Relationships) Amendment Act 2001 Section 16A(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
16B: Regulations
relating to court fees
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 fees payable in respect of proceedings, or intended proceedings, in the Family Court
b: in order to promote access to justice, empowering Registrars or Deputy Registrars of the Family Court
i: the person otherwise responsible for payment of the fee is unable to pay or absorb the fee in whole or in part; or
ii: unless 1 or more of those powers are exercised in respect of a proceeding that concerns a matter of genuine public interest, the proceeding is unlikely to be commenced or continued:
c: prescribing, for the purposes of the exercise of a power under paragraph (b), the criteria—
i: for assessing a person’s ability to pay a fee; and
ii: for identifying proceedings that concern matters of genuine public interest:
d: empowering Registrars or Deputy Registrars of the Family Court
i: an application for the exercise of a power specified in paragraph (b); or
ii: an application for review under section 16C
e: providing for the postponement of the payment of a fee, including (without limitation) providing—
i: for the recovery of the fee after the expiry of the period of postponement; and
ii: for restrictions to apply (after the expiry of the period of postponement and so long as the fee remains unpaid) on the steps that may be taken in the proceedings in respect of which the fee is payable:
f: providing for the manner in which an application for the exercise of a power specified in paragraph (b) or (d) is to be made, including, without limitation, requiring such an application to be in a form approved for the purpose by the chief executive of the Ministry of Justice.
g:
2: No fee is payable for an application for the exercise of a power specified in subsection (1)(b) or (d).
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 16B inserted 18 May 2009 section 9 Family Courts Amendment Act 2008 Section 16B heading amended 31 March 2014 section 6(1) Family Courts Amendment Act 2013 Section 16B(1)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 16B(1)(b) amended 1 March 2017 section 261 District Court Act 2016 Section 16B(1)(d) amended 1 March 2017 section 261 District Court Act 2016 Section 16B(1)(g) repealed 31 March 2014 section 6(2) Family Courts Amendment Act 2013 Section 16B(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
16C: Reviews of decisions of Registrars concerning fees
1: Any person who is aggrieved by a decision of a Registrar or Deputy Registrar under regulations made under section 16B(1)(b)
2: An application under subsection (1) may be made within—
a: 20 working days after the date on which the applicant is notified of the decision of the Registrar or Deputy Registrar; or
b: any further time that the Judge allows on application made for that purpose either before or after the expiration of that period.
3: The application may be made informally.
4: The review—
a: must be conducted by rehearing; and
b: may be dealt with on the papers, unless the Judge decides otherwise.
5: The Judge may confirm, modify, or reverse the decision.
6: No fee is payable for an application under this section. Section 16C inserted 18 May 2009 section 9 Family Courts Amendment Act 2008
16D: Regulations relating to payments to professionals
Fees and expenses for lawyers for child and lawyers to assist court
1: In subsections (2) to (5), lawyer
a: a lawyer appointed under any of the following provisions to represent a child or young person:
i: section 7
ii: section 226
iii: section 159 Oranga Tamariki Act 1989
iv:
v: section 162
va: section 166(1)(b)
vb: section 166(1)(c)
vi: section 37A :
vii: section 20(1)
viii: section 19(1)
b: a lawyer appointed under any of the following provisions to assist the court:
i: section 130
ii: section 226A
iii: section 160 Oranga Tamariki Act 1989
iv:
v: section 162A
va: section 166(1)(a)
vi: section 65A
vii: section 20(2)
viii: section 19(2)
2: The Governor-General may, from time to time, by Order in Council, make regulations for determining—
a: the fees payable to a lawyer in respect of the lawyer's appointment:
b: the expenses payable to a lawyer in respect of the lawyer's appointment.
3: Regulations under subsection (2)(a) may—
a: prescribe the maximum hourly rate or rates for the fee payable, and different rates may be prescribed depending on—
i: the complexity of the proceedings:
ii: the number of proceedings in which the lawyer is engaged during a specified period:
b: prescribe the maximum number of hours for which the fee is payable, and different numbers of hours may be prescribed depending on—
i: the complexity of the proceedings:
ii: the number of proceedings in which the lawyer is engaged during a specified period:
c: provide that any rate prescribed under paragraph (a), or any number of hours prescribed under paragraph (b), or both, may be increased by the court in a particular proceeding if the court is satisfied that the increase is justified because of exceptional circumstances.
4: If no regulations are made under subsection (2)(a) in respect of any lawyer, the fees payable to that lawyer are to be determined by the Registrar of the court.
5: Regulations under subsection (2)(b) may prescribe—
a: the types of expenses for which a lawyer may claim reimbursement:
b: the rate of reimbursement of those expenses:
c: the circumstances in which expenses may be reimbursed. Fees and expenses for report writers
6: In subsections (7) to (10), report writer
a: a person who prepares a cultural report when requested to do so under—
i: section 133(2)
ii: section 20A
iii: section 20
b: a person who prepares a medical report when requested to do so under section 133(2)
c: a person who prepares a psychiatric report when requested to do so under section 133(2)
d: a person who prepares a psychological report when requested to do so under section 133(5)
7: The Governor-General may, from time to time, by Order in Council, make regulations for determining—
a: the fees payable to a report writer for doing either or both of the following:
i: preparing a report:
ii: attending as a witness in the proceedings for which the report writer prepared the report:
b: the expenses payable to a report writer for doing either or both of the following:
i: preparing a report:
ii: attending as a witness in the proceedings for which the report writer prepared the report.
8: Regulations under subsection (7)(a) may—
a: prescribe the maximum hourly rate or rates for the fee payable, and different rates may be prescribed depending on—
i: the type of report:
ii: the complexity of the proceedings:
iii: the number of proceedings in which the report-writer is engaged during a specified period:
b: prescribe the maximum number of hours for which the fee is payable, and different numbers of hours may be prescribed depending on—
i: the type of report:
ii: the complexity of the proceedings:
iii: the number of proceedings in which the report-writer is engaged during a specified period:
c: provide that any rate prescribed under paragraph (a), or any number of hours prescribed under paragraph (b), or both, may be increased by the court in a particular proceeding if the court is satisfied that the increase is justified because of exceptional circumstances.
9: If no regulations are made under subsection (7)(a) in respect of any report writer, the fees payable to that report writer are to be determined by the Registrar of the court.
10: Regulations under subsection (7)(b) may prescribe the following:
a: the types of expenses for which a report writer may claim reimbursement:
b: the rate of reimbursement of those expenses:
c: the circumstances in which expenses may be reimbursed.
11: 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 16D inserted 31 March 2014 section 7 Family Courts Amendment Act 2013 Section 16D(1)(a)(iii) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 16D(1)(a)(iv) repealed 1 July 2019 section 259(1) Family Violence Act 2018 Section 16D(1)(a)(va) inserted 1 July 2019 section 259(1) Family Violence Act 2018 Section 16D(1)(a)(vb) inserted 1 July 2019 section 259(1) Family Violence Act 2018 Section 16D(1)(a)(vi) amended 14 August 2018 section 32(1) Minors (Court Consent to Relationships) Legislation Act 2018 Section 16D(1)(a)(vii) inserted 14 August 2018 section 32(2) Minors (Court Consent to Relationships) Legislation Act 2018 Section 16D(1)(a)(viii) inserted 14 August 2018 section 32(2) Minors (Court Consent to Relationships) Legislation Act 2018 Section 16D(1)(b)(iii) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 16D(1)(b)(iv) repealed 1 July 2019 section 259(1) Family Violence Act 2018 Section 16D(1)(b)(va) inserted 1 July 2019 section 259(1) Family Violence Act 2018 Section 16D(1)(b)(vii) inserted 14 August 2018 section 32(3) Minors (Court Consent to Relationships) Legislation Act 2018 Section 16D(1)(b)(viii) inserted 14 August 2018 section 32(3) Minors (Court Consent to Relationships) Legislation Act 2018 Section 16D(6) heading replaced 14 August 2018 section 32(4) Minors (Court Consent to Relationships) Legislation Act 2018 Section 16D(6)(a) replaced 14 August 2018 section 32(5) Minors (Court Consent to Relationships) Legislation Act 2018 Section 16D(11) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
17: Certain enactments amended
1: The enactments specified in the Schedule
2: Section 17(2) repealed 31 March 2014 section 8 Family Courts Amendment Act 2013
17A: Repeals
The following provisions are repealed:
a: section 24
b: section 128
c: section 228
d: section 195
e: section 84
f: sections 4 5
g: section 164
h: section 36
i: section 77 Section 17A inserted 31 March 2014 section 9 Family Courts Amendment Act 2013
18: Transitional and saving provisions
1: Subject to subsections (2) and (3), all matters and proceedings commenced under any enactment before the commencement of section 11
2: All matters and proceedings commenced in the High Court under the Matrimonial Proceedings Act 1963 or the Guardianship Act 1968 before the commencement of section 11
3: Where the hearing of any matter or proceeding referred to in subsection (1) has commenced in a District Court before the commencement of this Act, the matter or proceeding shall be continued in a District Court as if this Act had not been passed. |
DLM36772 | 1980 | Finance Act 1980 | 1: Short Title and commencement
1: This Act may be cited as the Finance Act 1980.
2: Subject to section 4(4)
1: Substantive provisions
2: Payments related to South Island Local Bodies Association
1: It shall be lawful for any local authority that is a member of the South Island Local Bodies Association (Incorporated) to pay from its general revenues—
a: any subscription payable by it under the rules of that association:
b: the reasonable travelling expenses of its representatives incurred in attending meetings of that association or of the executive committee of that association.
2: The actions of any such local authority in paying to the said association before the commencement of this Act any annual subscription that was unlawful by virtue of the fact that it exceeded the appropriate amount prescribed by section 35(4) of the Finance Act 1950 are hereby validated and deemed to have been lawful.
3: The following enactments are hereby consequentially repealed:
a: section 35 of the Finance Act 1950:
b: section 4 of the Finance Act 1976.
3: Air New Zealand Limited
1: In this section, the company
2: The Minister of Finance may from time to time,—
a: on behalf of Her Majesty the Queen, subscribe for or otherwise acquire shares in the company:
b: from a Crown Bank account
c: on behalf of Her Majesty the Queen, exercise all or any of Her Majesty's rights and powers as the holder of any shares in the company.
3: The actions of the Minister of Finance on 22 July 1980, on behalf of Her Majesty the Queen, in—
a: subscribing for 8 000 000 $2 shares in the company; and
b: paying $16,000,000 to the company for those shares— are hereby validated and deemed to have been lawful. Section 3(2)(b) amended 25 January 2005 section 83(7) Public Finance Act 1989
4: Alliance Textiles Limited
1: In this section, the company
2: Subject to subsection (3), the Minister of Finance may from time to time,—
a: on behalf of Her Majesty the Queen, subscribe for or otherwise acquire shares in the company:
b: advance money to the company by way of a debenture that is partly convertible into shares in the company:
c: from a Crown Bank account
d: on behalf of Her Majesty the Queen, exercise all or any of Her Majesty's rights and powers under any such debenture or as the holder of any shares in the company.
3: The total of all amounts paid, payable, or advanced under subsection (2) shall not exceed $1,000,000.
4: This section shall be deemed to have come into force on 28 August 1980. Section 4(2)(c) amended 25 January 2005 section 83(7) Public Finance Act 1989
2: Validations and repeals
Part 2 repealed 22 October 1981 section 10(1) Finance Act (No 2) 1981
5: Repeal of Services Export Development Grants Act 1973
Section 5 repealed 22 October 1981 section 10(1) Finance Act (No 2) 1981
6: Validating unlawful charges for and issue of fishing licences
Section 6 repealed 22 October 1981 section 10(1) Finance Act (No 2) 1981
7: Music Teachers Registration Board: validating unlawful collection of fees
Section 7 repealed 22 October 1981 section 10(1) Finance Act (No 2) 1981
8: Repeal of spent Appropriation and Imprest Supply Acts
Section 8 repealed 22 October 1981 section 10(1) Finance Act (No 2) 1981
9: Repeals and savings
Section 9 repealed 22 October 1981 section 10(1) Finance Act (No 2) 1981 |
DLM39498 | 1980 | Building Societies Amendment Act 1980 | 1: Short Title and commencement
1: This Act may be cited as the Building Societies Amendment Act 1980, and shall be read together with and deemed part of the Building Societies Act 1965
2: Except as provided in sections 5(4) 7(6) 9(2)
2:
3:
4:
5:
6:
7:
8: Minimum subscription by founding members
1: This subsection substituted s 29(1)
2: Nothing in subsection (1)
9:
10:
11:
12:
13:
14:
15:
16:
17:
18:
19: |
DLM36962 | 1980 | National Parks Act 1980 | 1: Short Title and commencement
1: This Act may be cited as the National Parks Act 1980.
2: This Act shall come into force on 1 April 1981.
2: Interpretation
In this Act, unless the context otherwise requires,— activity aircraft Civil Aviation Act 1990 animal Authority section 6A Board section 6L boat certified aerodrome Civil Aviation Act 1990 Chief Surveyor companion dog concession concession document
a: means—
i: a lease; or
ii: a licence; or
iii: a permit; or
iv: an easement— granted under section 49
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 conservation area Conservation Act 1987 conservation management strategy section 17F day Department Conservation Director-General of Conservation firearm foreshore guide dog Royal New Zealand Foundation of the Blind indigenous animal infringement fee infringement offence
a: an offence in subpart 1
b: an offence against bylaws made under this Act that is declared by regulations to be an infringement offence land district section 22 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
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 à 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)) and issued under any enactment relating to national parks that was passed before the commencement of section 2
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)) and issued under this Act before the commencement of the said section 2 and licensee local authority Local Government Act 2002 management plan sections 45 to 48 Minister Conservation motor vehicle the Land Transport Act 1998 national park park native plants and animals 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 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 or 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 Conservation Act 1987 Animal Welfare Act 1999 Dog Control Act 1996 Animal Welfare Act 1999 permit
a: means a grant of rights to carry out an activity for a purpose referred to in section 49
b: includes any authorisation or licence granted before the commencement of this definition that granted similar rights;— and permit holder plant private land 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 subsection (2) of that section
c: any animal that is a marine mammal within the meaning of the Marine Mammals Protection Act 1978 protected wildlife vulnerable to dogs
a: any flightless protected wildlife:
b: any limited-flight protected wildlife:
c: any protected wildlife that nests (including moulting or breeding) or roosts, upon or in close proximity to the ground:
d: any protected wildlife that feeds upon or in close proximity to the ground:
e: any animal that is a marine mammal within the meaning of the Marine Mammals Protection Act 1978 ranger section 40 Part 5A
a: who—
i: is a warranted officer appointed under section 59
ii: is a person deemed, by section 59(2) or section 59(9)
b: is acting on or in respect of any matter or thing arising, situated, or formerly situated, in the district, area, or areas for which the person is appointed or is deemed to be a warranted officer reserve Reserves Act 1977 specially protected area section 12 vehicle the Land Transport Act 1998 wilderness area section 14 1952 No 54 s 2; 1974 No 69 s 2 Section 2 activity inserted 1 July 1996 section 2 National Parks Amendment Act 1996 Section 2 aircraft amended 1 September 1990 section 101(1) Civil Aviation Act 1990 Section 2 Authority inserted 10 April 1990 section 109(2) Conservation Law Reform Act 1990 Section 2 Board inserted 10 April 1990 section 109(2) Conservation Law Reform Act 1990 Section 2 certified aerodrome inserted 1 July 1996 section 2 National Parks Amendment Act 1996 Section 2 Commissioner repealed 1 April 1987 section 65(1) Conservation Act 1987 Section 2 companion dog inserted 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 2 concession concession document inserted 1 July 1996 section 2 National Parks Amendment Act 1996 Section 2 concessionaire inserted 1 July 1996 section 2 National Parks Amendment Act 1996 Section 2 conservation area inserted 1 April 1987 section 65(1) Conservation Act 1987 Section 2 conservation management strategy inserted 1 April 1990 section 109(2) Conservation Law Reform Act 1990 Section 2 day inserted 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 2 Department amended 1 April 1987 section 65(1) Conservation Act 1987 Section 2 Director-General amended 1 April 1987 section 65(1) Conservation Act 1987 Section 2 foreshore replaced 7 July 2010 section 4 National Parks Amendment Act 2010 Section 2 guide dog inserted 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 2 guide dog amended 30 April 2003 section 28(1) Royal New Zealand Foundation of the Blind Act 2002 Section 2 indigenous animal inserted 25 November 1994 National Parks Amendment Act 1994 Section 2 infringement fee inserted 21 December 2018 section 29 Conservation (Infringement System) Act 2018 Section 2 infringement offence inserted 21 December 2018 section 29 Conservation (Infringement System) Act 2018 Section 2 lease inserted 1 July 1996 section 2 National Parks Amendment Act 1996 Section 2 licence inserted 1 July 1996 section 2 National Parks Amendment Act 1996 Section 2 local authority replaced 1 July 2003 section 262 Local Government Act 2002 Section 2 Minister amended 1 April 1987 section 65(1) Conservation Act 1987 Section 2 motor vehicle amended 1 March 1999 section 215(1) Land Transport Act 1998 Section 2 National Parks and Reserves Authority Authority repealed 10 April 1990 section 109(1)(a) Conservation Law Reform Act 1990 Section 2 National parks and reserves board board repealed 10 April 1990 section 109(1)(b) Conservation Law Reform Act 1990 Section 2 native plants and animals inserted 25 November 1994 National Parks Amendment Act 1994 Section 2 owner inserted 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 2 owner amended 1 January 2000 section 194 Animal Welfare Act 1999 Section 2 permit inserted 1 July 1996 section 2 National Parks Amendment Act 1996 Section 2 protected wildlife replaced 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 2 protected wildlife vulnerable to dogs inserted 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 2 ranger replaced 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 2 vehicle amended 1 March 1999 section 215(1) Land Transport Act 1998
3: Act to bind the Crown
This Act shall bind the Crown.
1: National parks
Principles to be applied in national parks
4: Parks 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 in perpetuity as national parks, for their intrinsic worth and for the benefit, use, and enjoyment of the public, areas of New Zealand that contain scenery of such distinctive quality, ecological systems, or natural features so beautiful, unique, or scientifically important that their preservation is in the national interest.
2: It is hereby further declared that, having regard to the general purposes specified in subsection (1), national parks 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: except where the Authority otherwise determines, the native plants and animals of the parks shall as far as possible be preserved and the introduced plants and animals shall as far as possible be exterminated:
c: sites and objects of archaeological and historical interest shall as far as possible be preserved:
d: their value as soil, water, and forest conservation areas shall be maintained:
e: 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 native plants and animals or for the welfare in general of the parks, the public shall have freedom of entry and access to the parks, so that they may receive in full measure the inspiration, enjoyment, recreation, and other benefits that may be derived from mountains, forests, sounds, seacoasts, lakes, rivers, and other natural features. 1952 No 54 s 3; 1972 No 87 s 2
5: Indigenous plants and animals to be preserved
1: No person shall, without the prior written consent of the Minister, cut, destroy, or take, or purport to authorise any person to cut, destroy, or take, any plant or part of a plant that is indigenous to New Zealand and growing in a national park.
2: No person shall, without the prior written consent of the Minister, disturb, trap, take, hunt, or kill, or purport to authorise any person to disturb, trap, take, hunt, or kill any animal that is indigenous to New Zealand and found within a national park.
3: The Minister shall not give his consent under subsection (1) or subsection (2) unless the act consented to is consistent with the management plan for the park. 1952 No 54 s 29
5A: Introduction of biological organisms
1: Notwithstanding anything in this Act or any other enactment, but subject to subsections (2) and (3), the Minister may authorise the introduction of any biological control organism to control wild animals or animal pests or plant pests in any national park.
2: Before granting an approval under subsection (1), the Minister shall—
a: consult the New Zealand Conservation Authority; and
b: have regard to whether—
i: any introduced organism will itself become a problem or adversely affect any other indigenous organisms, or have a negative impact on any ecosystem; and
ii: there is sufficient scientific advice, supported by research, to indicate that none of these will occur.
3: An authority granted under subsection (1) shall not be inconsistent with any provision in—
a: any other Act applicable to the import, genetic modification, or use of the organism or organisms concerned; or
b: any general policy adopted under section 44
c: any conservation management strategy or management plan. Section 5A inserted 25 November 1994 National Parks Amendment Act 1994 Establishment, exclusion of land from, and definition of parks
6: Existing national parks
1: The following national parks as they exist at the commencement of this Act are hereby declared to be national parks under and subject to the provisions of this Act:
a: the Tongariro National Park:
b: the Egmont National Park:
c: the Arthur's Pass National Park:
d: the Abel Tasman National Park:
e: the Fiordland National Park:
f: the Mount Cook National Park:
g:
h: the Nelson Lakes National Park:
i: the Westland National Park:
j: the Mount Aspiring National Park.
2: The Arthur's Pass National Park named in subsection (1)(c) is the same national park as the Arthur Pass National Park existing immediately before the commencement of this Act.
3: By virtue of section 162
4: 1952 No 54 s 9; 1974 No 69 s 4 Section 6(1)(g) repealed 28 July 2014 section 14 Te Urewera Act 2014 Section 6(3) inserted 1 October 1998 section 162(3) Ngāi Tahu Claims Settlement Act 1998 Section 6(4) repealed 28 July 2014 section 14 Te Urewera Act 2014
7: Constitution of other national parks and addition of land to national parks
1: Subject to subsections (2) to (6), the Governor-General may from time to time, by Order in Council made on the recommendation of the Minister,—
a: declare that any land of the Crown described in the order, being—
i: any conservation area; or
ii:
iii: any land subject to the Tourist and Health Resorts Control Act 1908 Tourist Hotel Corporation Act 1974
iv: any reserve vested in Her Majesty subject to the Reserves Act 1977
v: any land acquired by the Crown for national park purposes,— shall be a national park subject to this Act:
b: add any such land to any park:
c: declare that any foreshore described in the order shall be a national park or be added to any park:
d: assign a name to any new national park or change the name of any existing national park.
2: The Minister shall not make any recommendation under subsection (1) except on the recommendation of the Authority made after consultation with the appropriate Board (if any).
2A: Before making a recommendation under subsection (1)(d), the Minister must refer the proposed name to the New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa under section 27(2) 30
3:
4: No land subject to the Tourist and Health Resorts Control Act 1908
5:
6: No foreshore shall be declared to be a park or to be added to any park, except on the joint recommendation of the Minister and the Minister of Transport, and, where the foreshore is under the control of a regional council under the Resource Management Act 1991 1952 No 54 s 10(1); 1974 No 69 s 5(1) Section 7(1)(a)(i) replaced 1 April 1987 section 65(1) Conservation Act 1987 Section 7(1)(a)(ii) repealed 1 April 1987 section 65(1) Conservation Act 1987 Section 7(2A) inserted 1 November 2008 section 38 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 Section 7(3) repealed 1 April 1987 section 65(1) Conservation Act 1987 Section 7(5) repealed 1 October 1991 section 362 Resource Management Act 1991 Section 7(6) replaced 1 October 1991 section 362 Resource Management Act 1991
8: Investigation of proposals to add to parks or establish new parks
1: The Authority may, after having advised the Minister of its intention to do so, request the Director-General to investigate and report to it on any proposal that land should be declared to be a park or part of a park, or acquired for national park purposes.
2: Unless the Authority otherwise agrees, the Director-General shall, on receiving any such request—
a: give notice of the proposal under investigation by advertisement published in daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin, and in the area affected; and
b: in that notice invite persons and organisations interested to send to the Director-General written suggestions on the proposal under investigation.
3: The Director-General shall, on receiving any such request, give notice to the responsible Minister of the Crown Section 8(3) amended 2 January 1990 section 4(a) Ministry of Energy (Abolition) Act 1989
9: Acquisition of land for national parks
1: Where the Minister, on the recommendation of the Authority made after consultation with the appropriate Board (if any), considers that any private land, or any easement over private land, or the interest of any lessee or licensee in any land, should be acquired by the Crown for national park purposes,—
a: the Minister may, in the name and on behalf of Her Majesty, contract for the purchase or lease of the land, easement, or interest, or accept the land, easement, or interest as a gift; or
b: the land, easement, or interest may be taken or otherwise acquired under the Public Works Act 1928 as for a public work under that Act.
2: All land, easements, or interests in land acquired under subsection (1) shall vest in Her Majesty for national park purposes, and all lands acquired by the Minister by way of lease under this section shall, during the term of the lease, be subject to this Act. 1952 No 54 s 13(1), (2)
10: Park land administered under certain other Acts
1: Any land that, at the commencement of this Act, is part of a national park and is being administered under the Tourist and Health Resorts Control Act 1908
2: Notwithstanding anything in the Tourist and Health Resorts Control Act 1908 the Act
3: Where any land that is part of a national park is being administered under the Tourist and Health Resorts Control Act 1908
4: The Minister shall consult with the Minister of Tourism before—
a: making any decision or taking any action under this Act that affects the administration of the Tourist and Health Resorts Control Act 1908
b: making any bylaw under section 56 Tourist and Health Resorts Control Act 1908 1952 No 54 s 10(4)–(7); 1955 No 75 s 3(b) Section 10(1) amended 23 March 1990 section 21(2) Tourist Hotel Corporation of New Zealand Act 1989 Section 10(2) amended 23 March 1990 section 21(2) Tourist Hotel Corporation of New Zealand Act 1989 Section 10(3) amended 23 March 1990 section 21(2) Tourist Hotel Corporation of New Zealand Act 1989 Section 10(4)(a) amended 23 March 1990 section 21(2) Tourist Hotel Corporation of New Zealand Act 1989 Section 10(4)(b) amended 23 March 1990 section 21(2) Tourist Hotel Corporation of New Zealand Act 1989
11: Exclusion of land from national park
1: No area of land or foreshore included in any park shall be excluded from that park, except by Act of Parliament.
2: The exclusion of any land or foreshore from a park shall, without more, have the effect of cancelling any reservation relating to the holding of that land or foreshore for any particular or general purpose or subject to any condition, and the land or foreshore shall thereupon be disposed of in the manner specified in that Act 1952 No 54 s 10(2), (3); 1974 No 69 s 5(1) Section 11(2) amended 25 November 1994 National Parks Amendment Act 1994
12: Specially protected areas in national parks
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister after consultation with the Authority and the appropriate Board, set apart any part of a park as a specially protected area for the purposes of this Act, and may, in like manner, cancel any such setting apart or alter the boundaries of any specially protected area by including or excluding any area of the park that, in his opinion, should be so included or excluded.
2: Where, at the commencement of this Act, any part of a national park is set apart as a special area this section shall apply as if that area had been set apart as a specially protected area under subsection (1). 1952 No 54 s 12
12A: Orders in Council to be published in
Gazette An Order in Council made under any of sections 7 10 12 Gazette Section 12A inserted 5 August 2013 section 77(3) Legislation Act 2012
13: Permits for access to specially protected areas
1: No person shall enter or remain in any specially protected area, except under the authority of and in accordance with a permit issued by the Minister under this section.
2: The Minister may from time to time issue a permit under this section to 1 or more persons granting access to any specially protected area and may amend or revoke any such permit at any time.
3: Every such permit shall contain such conditions as the Minister determines.
4: No permit issued under this section shall be inconsistent with the management plan for the park.
5: Every person commits an offence against this Act who—
a: enters or remains in any specially protected area, except under the authority of a permit issued under this section; or
b: fails to comply with any condition contained in any such permit.
14: Wilderness areas
1: The Minister may, on the recommendation of the Authority made in accordance with a conservation management strategy or management plan, by notice in the Gazette
2: Subject to this section, while any area is set apart as a wilderness area,—
a: its indigenous natural resources shall be preserved:
b: no building or machinery shall be erected on the area:
c: no building, machinery, or apparatus shall be constructed or maintained on the area:
d: no animals, vehicles, or motorised vessels (including hovercraft and jet boats) shall be allowed to be taken into or used in the area and no helicopter or other motorised aircraft shall land or take off or hover for the purpose of embarking or disembarking passengers or goods in a wilderness area:
e: no roads, tracks, or trails shall be constructed in the area.
3: The Minister may authorise any person to liberate any species of indigenous animal in a wilderness area where—
a: the Minister is satisfied that there is sufficient evidence that the species was previously present in the area; and
b: the proposed liberation is not inconsistent with any general policy statement, conservation management strategy, or management plan having effect in relation to the area.
4: Subject to subsection (3), if—
a: the doing of anything in a wilderness area is in conformity with the conservation management strategy or management plan for the area; and
b: the Minister is satisfied that its doing is necessary or desirable for the preservation of the area's indigenous natural resources,— the Minister may authorise it.
5: If satisfied that the undertaking of any scientific test or study in a wilderness area is necessary or desirable for the preservation of indigenous natural resources, the Minister may authorise it.
6: Nothing in subsection (2) prevents the doing of anything necessary for any person's protection or because of some emergency involving any person's property. Section 14 replaced 25 November 1994 National Parks Amendment Act 1994
14A: Special provisions relating to wilderness areas under Reserves Act 1977 or Conservation Act 1987
1: This section applies where land set apart as or declared to be a wilderness area under the Reserves Act 1977 Conservation Act 1987
2: Notwithstanding any other provision of this Act, where this section applies, the Minister may, by notice in the Gazette section 14
3: A declaration under subsection (2) shall have effect according to its tenor subject to the following provisions:
a: the Director-General (in preparing the first management plan for the area) and the Board (in considering that plan) and the Authority (before approving that plan) shall consider whether or not the area should continue to be a wilderness area and whether or not any boundary adjustments should be made to the area:
b: the Authority shall make a recommendation on the matter to the Minister:
c: after receipt of a recommendation under paragraph (b), the Minister may, by notice in the Gazette Section 14A inserted 13 March 1996 section 3 National Parks Amendment Act 1996
15: Amenities areas
1: The Minister may, on the recommendation of the Authority made in accordance with the management plan, by notice in the Gazette
2: While any such area is set apart, the development and operation of recreational and public amenities and related services appropriate for the public use and enjoyment of the park may be authorised in accordance with this Act and the management plan.
3: The principles applicable to national parks shall, notwithstanding section 4 1952 No 54 s 34; 1964 No 102 s 3
16: Plans of national parks
1: The Chief Surveyor shall ensure that a current plan of each national park that is wholly or partly within his land district and every specially protected area, wilderness area, and amenities area within that park is—
a: available at his office for public inspection without fee during ordinary office hours; and
b: deposited in the office of the Director-General and the office of the Chief Surveyor of every land district in which any part of the park is situated.
2: Where any land is added to or excluded from any national park, specially protected area, wilderness area, or amenities area, the appropriate Chief Surveyor shall ensure that the plans required by subsection (1) are altered, replaced, or removed as the case may require.
3: Every plan and every alteration to any plan shall be certified by the appropriate Chief Surveyor.
4: The Chief Surveyor shall supply to any person applying for it a copy of any plan required by subsection (1) to be available in his office for public inspection.
5: Every plan of a national park or specially protected area, wilderness area, or amenities area certified by a Chief Surveyor, and every certified copy of any such plan shall, in the absence of proof to the contrary, be sufficient evidence of the boundaries and area comprising that national park, specially protected area, wilderness area, or amenities area.
2: National Parks and Reserves Authority
Heading repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
17: National Parks and Reserves Authority
Section 17 repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
18: Functions of Authority
In addition to the functions specified elsewhere in this Act or in any other Act, the functions of the Authority shall be—
a: to prepare and approve statements of general policy for national parks in accordance with section 44
b: to approve management plans and amendments section 48
c: to advise the Minister or the Director-General on the priorities for the expenditure of any money appropriated by Parliament for the purposes of this Act:
d: to review and report to the Minister or the Director-General on the effectiveness of the administration of the general policies for national parks:
e: to consider and make proposals for the addition of lands to national parks and the establishment of new national parks:
f:
g: to give advice to the Minister or the Director-General on any other matter relating to any national park. 1952 No 54 s 6 Section 18(b) amended 10 April 1990 section 111(a) Conservation Law Reform Act 1990 Section 18(f) repealed 10 April 1990 section 111(b) Conservation Law Reform Act 1990
18A: Minister to consult Authority in respect of access notice under Crown Minerals Act 1991
The Minister shall consult the Authority in respect of any notice requesting an access arrangement in respect of a national park served on the Minister pursuant to section 59 Section 18A inserted 1 October 1991 Crown Minerals Act 1991
19: Authority to implement policy of the Government
Section 19 repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
20: Authority may release recommendations, reports, or advice to public
Section 20 repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
21: Annual report
Section 21 repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
22: Term of office of members of Authority
Section 22 repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
23: Chairman of Authority
Section 23 repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
24: Meetings of Authority
Section 24 repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
25: Director-General entitled to attend meetings of Authority
Section 25 repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
26: Servicing of Authority
Section 26 repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
27: Fees and travelling expenses of members of Authority
Section 27 repealed 25 May 1990 section 112(2) Conservation Law Reform Act 1990
28: Public Bodies Meetings Act 1962 to apply to Authority
Section 28 repealed 1 March 1988 section 58(1) Local Government Official Information and Meetings Act 1987
3: National parks and reserves boards
Heading repealed 19 July 1990 section 114(2) Conservation Law Reform Act 1990
29: National parks and reserves boards
Section 29 repealed 19 July 1990 section 114(2) Conservation Law Reform Act 1990
30: Functions of Boards
1: In addition to the functions specified elsewhere in this Act or in any other Act, the functions of each Board shall be—
a: to recommend management plans, and the review or amendment of such plans, for parks within the jurisdiction of the Board in accordance with sections 45 to 47
b: to consider and determine priorities for the implementation of management plans for national parks:
c: to make recommendations to the Minister for the appointment of honorary rangers under section 40
d: to review and report to the Director-General
e:
f: to give advice to the Director-General
i: on the interpretation of any management plan for a park; and
ii: on any proposal for the addition of land to any national park or the establishment of a new national park; and
iii: on any other matter relating to any national park,— within the jurisdiction of the Board.
2: The Board having jurisdiction in respect of the Whanganui National Park shall, in carrying out its functions,—
a: have regard to the spiritual, historical, and cultural significance of the Wanganui River to the Whanganui iwi; and
b: seek and have regard to the advice of the trustees of Ngā Tāngata Tiaki o Whanganui (as defined by section 7 1952 No 54 s 26 1974 No 69 s 8 Section 30(1)(a) replaced 10 April 1990 section 113(1) Conservation Law Reform Act 1990 Section 30(1)(d) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 30(1)(e) repealed 10 April 1990 section 113(2) Conservation Law Reform Act 1990 Section 30(1)(f) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 30(2) inserted 10 April 1990 section 113(3) Conservation Law Reform Act 1990 Section 30(2)(b) amended 21 March 2017 section 123(2) Te Awa Tupua (Whanganui River Claims Settlement) Act 2017
31: Board may release recommendations, reports, or advice to public
Section 31 repealed 19 July 1990 section 114(2) Conservation Law Reform Act 1990
32: Membership of boards
Section 32 repealed 19 July 1990 section 114(2) Conservation Law Reform Act 1990
33: Term of office of members of board
Section 33 repealed 19 July 1990 section 114(2) Conservation Law Reform Act 1990
34: Chairman of board
Section 34 repealed 19 July 1990 section 114(2) Conservation Law Reform Act 1990
35: Meetings of Board
Section 35 repealed 19 July 1990 section 114(2) Conservation Law Reform Act 1990
36: Director-General Section 36 repealed 19 July 1990 section 114(2) Conservation Law Reform Act 1990
37: Servicing of boards
Section 37 repealed 19 July 1990 section 114(2) Conservation Law Reform Act 1990
38: Fees and travelling expenses of members of board
Section 38 repealed 19 July 1990 section 114(2) Conservation Law Reform Act 1990
39: Public Bodies Meetings Act 1962 to apply to board
Section 39 repealed 1 March 1988 section 58(1) Local Government Official Information and Meetings Act 1987
4: Administration
40: Rangers
1: There may from time to time be appointed under the Public Service Act 2020
2: The Minister may from time to time appoint a suitable person to be a ranger in an honorary capacity for the purposes of this Act.
3: Any ranger may be appointed for a particular park or parks or to exercise his powers generally throughout New Zealand.
4: The Director-General shall supply to every ranger a written warrant signed by or on behalf of the Director-General evidencing the appointment, and the production of that warrant shall, in the absence of proof to the contrary, be sufficient proof of the appointment.
5: Every ranger shall, on the expiration of the term of his appointment, or on the sooner vacation of his office, surrender to the Director-General his warrant of appointment and any badge of office that may have been issued to him.
6: Every honorary ranger shall be appointed to hold office during the pleasure of the Minister or for such specified term as the Minister thinks fit.
7: No person appointed to be an honorary ranger shall, by virtue of that appointment, be deemed to be employed in the service of Her Majesty for the purposes of the Public Service Act 2020 Government Superannuation Fund Act 1956
8: Every constable, every warranted officer appointed under subsection (1) subsection (9) of section 59 Wildlife Act 1953 1952 No 54 ss 27A, 27B; 1968 No 136 ss 5(1), 6 Section 40(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 40(7) amended 7 August 2020 section 135 Public Service Act 2020 Section 40(8) amended 10 April 1990 section 115 Conservation Law Reform Act 1990
41: Delegation of Minister's powers and functions
1: Subject to subsection (2), the Minister may from time to time delegate any of his powers and functions under this Act (except this power of delegation) to the Director-General, or to any other officer or officers of the Department specified by the Minister, either in respect of matters within his jurisdiction generally, or in any particular case or matter, or any particular class of cases or matters, or in respect of any national park or parks.
2: The Minister shall not delegate—
a: his powers and functions under sections 7 10 12
b: his power to consent to any action of the Director-General taken under this Act where that consent is required by this Act; or
c: his power to make bylaws under section 56
3: The officer or officers referred to in subsection (1) may be an officer or officers referred to by name or the officer or officers who for the time being and from time to time hold specified positions in the Department.
4: Subject to any general or special directions given or conditions attached by the Minister, any officer to whom any power or function has been so delegated may exercise that power or perform that function in the same manner and with the same effect as if it had been directly conferred on that officer by this Act and not by delegation.
5: Every officer purporting to act under any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting within the terms of that delegation.
6: Any such delegation may at any time be revoked by the Minister in whole or in any part, but that revocation shall not affect in any way anything done under the delegated authority before the revocation.
7: No such delegation shall prevent the exercise by the Minister himself of any of the powers and functions conferred on him by this Act.
42: Delegation of Director-General's powers and functions
1: Subject to subsection (2), the Director-General may from time to time delegate any of his powers and functions under this Act (except this power of delegation) to any officer or officers of the Department specified by him, either in respect of matters within his jurisdiction generally, or in any particular case or matter, or any particular class of cases or matters, or in respect of any national park or parks.
2: The Director-General shall not delegate any powers delegated to him by the Minister without the written consent of the Minister.
3: The officer or officers referred to in subsection (1) may be an officer or officers referred to by name or the officer or officers who for the time being and from time to time hold specified positions in the Department.
4: Subject to any general or special directions given or conditions attached by the Director-General, any officer to whom any power or function has been so delegated may exercise that power or perform that function in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.
5: Every officer purporting to act under any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of that delegation.
6: Any such delegation may at any time be revoked by the Director-General in whole or in any part, but that revocation shall not affect in any way anything done under the delegated authority before the revocation.
7: No such delegation shall prevent the exercise by the Director-General himself of any of the powers and functions conferred on him by this Act.
5: Control and management of national parks
Administration of parks
43: Parks to be administered by Department
The Department shall, subject to this Act, and in accordance with—
a: any statements of general policy adopted under section 44
aa: any conservation management strategy for the time being in force in respect of a park; and
b: any management plan for the time being in force in respect of a park— administer and manage all national parks in such a manner as to secure to the public the fullest proper use and enjoyment of the parks consistent with the preservation of their natural and historic features and the protection and well-being of their native plants and animals. 1952 No 54 ss 15, 26; 1974 No 69 s 8 Section 43(aa) inserted 10 April 1990 section 116 Conservation Law Reform Act 1990 General policy statements
44: General policy for parks
1: The Authority may, in accordance with subsections (2) to (7), adopt statements of general policy for national parks and amend such statements so that they are adapted to changing circumstances or in accordance with increased knowledge.
2: Every statement of general policy shall be prepared initially in draft form by the Director-General in consultation with the Authority.
3: Unless the Authority acting under subsection (7) otherwise resolves, the Director-General shall, on the direction of the Authority,—
a: give notice by advertisement published in daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin of the availability of the draft statement of general policy for public inspection; and
b: in that notice invite persons and organisations interested to lodge with the Director-General written comments on the draft statements of general policy before a date specified in the notice being not less than 2 months after the date of publication of the notice; and
c: make the draft statement of general policy available for public inspection, free of charge, during ordinary office hours at the office of the Director-General at Wellington and at such other places as the Authority decides
4: The Director-General shall convey any comments received by him, together with any comments of his own, to the Authority which shall review the draft statement of general policy.
5: Before adopting any statement of general policy the Authority shall submit the draft statement to the Minister for his comments.
6: In adopting any statement of general policy the Authority shall
7: The provisions of this section relating to the adoption of statements of general policy shall apply to every amendment of any such statement, except that the Authority may, if it thinks fit, resolve that the procedure specified in subsection (3) need not be followed.
8: Every current statement of general policy adopted by the Authority shall be available for public inspection free of charge during ordinary office hours at the office of the Director-General at Wellington and at such other places as the Authority decides Section 44(3)(c) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 44(6) amended 17 May 2005 section 3 National Parks Amendment Act 2005 Section 44(8) amended 1 April 1987 section 65(1) Conservation Act 1987 Conservation management strategies Heading inserted 10 April 1990 section 117 Conservation Law Reform Act 1990
44A: Conservation management strategies
1: Every conservation management strategy shall establish objectives for the management of national parks and any areas within any such parks, in the area to which it relates.
2: Nothing in any management plan shall derogate from the provisions of any conservation management strategy. Section 44A inserted 10 April 1990 section 117 Conservation Law Reform Act 1990 Management plans
45: Preparation of management plans
1: A management plan shall be prepared for each park in accordance with this section and sections 46 to 48
2: The management plan shall provide for the management of the park in accordance with this Act.
3: If, at the commencement of this Act, there is an approved management plan for a park, this section and sections 46 to 48
4: Where any management plan has been prepared but not approved at the commencement of this Act, that plan may be approved under section 48 section 47
5: Where a park is constituted after the commencement of this Act, a management plan shall be prepared in respect of that park within 2 years after constitution of that park. Section 45(4) replaced 23 November 1982 National Parks Amendment Act 1982
46: Amendment and review of management plans
1: The Director-General and the Board affected shall amend or review the management plan so that it takes account of increased knowledge or changing circumstances.
2: A management plan may be reviewed in whole or in part.
3: Every such plan shall be reviewed and that review approved as a whole at intervals of not more than 10 years in accordance with section 47
4: Subject to subsection (5), every amendment under this section shall be made in accordance with sections 47 (except subsection (1)) and 48
5: Where any such amendment is of such a nature that the Director-General and the Board affected consider that it will not materially affect the objectives or policies expressed in the plan or the public interest in the area concerned, the amendment shall be dealt with in accordance with sections 47 (except subsections (1) to (3)) and 48 Section 46 replaced 10 April 1990 section 118 Conservation Law Reform Act 1990
47: Procedure for preparing and reviewing management plans
1: Before preparing or reviewing a management plan for any park, the Director-General , and shall
a: give notice by advertisement published in a newspaper circulating in the area in which the park is situated and in daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin of the intention to do so; and
b: in that notice, invite persons and organisations interested to send to the Director-General
2: Every management plan shall be prepared initially in draft form by the Director-General Director-General
a: give notice by advertisement published in a newspaper circulating in the area in which the park is situated and in daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin that the draft plan is available for inspection at a place and at times specified in the notice, and calling upon persons or organisations interested to lodge with the Director-General
b: give notice in writing, so far as is practicable, to all persons and organisations who or which made written suggestions under subsection (1) stating that the draft plan has been prepared and is available for inspection at the place and during the times specified in the notice, and requiring any such person or organisation who or which desires to comment on the draft plan to make those comments in writing to the Director-General
c: make the draft management plan available for public inspection, free of charge, during ordinary office hours at places decided by the Director-General, and
3: The Board and the Director-General shall give every person or organisation who or which, in making any comments under subsection (2), asked to be heard in support of his or her or its comments a reasonable opportunity of appearing before a meeting of the representatives of the Board and the Director-General in support of his or her or its comments.
4: The Director-General may, after considering all comments and submissions made under subsections (2) and (3), amend any draft management plan in such manner as the Director-General thinks fit, and shall send it to the Board.
5: The Board shall consider the amendments made by the Director-General under subsection (4), and shall either—
a: send the draft back to the Director-General for further consideration and revision and after such consideration send the draft to the Authority for approval; or
b: send the draft to the Authority for approval.
6: With every recommendation made under subsection (5), the Board shall also send to the Authority—
a: a summary of the comments received and a statement of the extent to which they have or have not been accepted; and
b: statements of any matters relating to the management plan on which the Director-General and the Board have been unable to reach agreement.
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. Section 47(1) amended 10 April 1990 section 119(1) Conservation Law Reform Act 1990 Section 47(1) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 47(1)(b) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 47(2) amended 10 April 1990 section 119(2)(a) Conservation Law Reform Act 1990 Section 47(2) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 47(2)(a) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 47(2)(b) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 47(2)(c) amended 10 April 1990 section 119(2)(b) Conservation Law Reform Act 1990 Section 47(3) replaced 10 April 1990 section 119(3) Conservation Law Reform Act 1990 Section 47(4) replaced 10 April 1990 section 119(4) Conservation Law Reform Act 1990 Section 47(5) replaced 10 April 1990 section 119(4) Conservation Law Reform Act 1990 Section 47(6) inserted 10 April 1990 section 119(4) Conservation Law Reform Act 1990 Section 47(7) inserted 1 July 1996 section 4 National Parks Amendment Act 1996
48: Approval of management plans
1: The Authority shall consider the plan and the matters referred to it under section 47(6)
2: Before approving any management plan, the Authority shall, without limiting section 19
3: Every management plan shall have effect on the date on which it is approved by the Authority, or such later date as may be specified by the Authority.
4: Every approved management plan shall be available for public inspection during ordinary office hours, free of charge, at places decided by the Board, and Section 48(1) amended 27 March 2008 section 4 National Parks Amendment Act 2008 Section 48(4) amended 1 April 1987 section 65(1) Conservation Act 1987 Powers of Minister
49: Concessions
1: The Minister may, in accordance with Part 3B
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
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.
7: This section is subject to Part 2 section 8(1) Section 49 replaced 1 July 1996 section 5(1) National Parks Amendment Act 1996 Section 49(7) inserted 21 October 2000 section 22 Forests (West Coast Accord) Act 2000
50: Accommodation within parks
1: The Minister may, from time to time, in accordance with the management plan for a park, and on such terms and conditions as to design, materials, situation, custody, use, rental, inspection, maintenance, public access, or otherwise as he determines,—
a: establish, or authorise, or assist in the establishment by any body or person (whether incorporated or not), of camping grounds, huts, hostels, accommodation houses, hotels,
b:
c: erect or authorise the erection of accommodation for the use of rangers or officers of any department of State or other persons engaged in the administration, control, or management of the park or the protection of forests in or adjacent to the park:
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.
2: In the exercise of the powers conferred by subsection (1), the Minister may permit the use of stone, gravel, or similar substances found in the park
3:
4: Notwithstanding subsection (1)
5: While a lease or licence granted under subsection (4) is in force, the following provisions shall apply:
a: the person or body carrying out any review of the management plan for the park shall have regard to the provisions of that lease or licence:
b: before granting a new lease or licence in place of that lease or licence, or a renewal of that lease or licence, the Minister shall have regard to the provisions of the management plan (if any) that is for the time being in force for the park. 1952 No 54 ss 28(1)(c), (e), (f), (ii), (2), 30; 1964 No 102 s 2(1); 1968 No 136 s 5(2)(a), (b) Section 50(1)(a) amended 10 April 1990 section 121(1)(a) Conservation Law Reform Act 1990 Section 50(1)(b) repealed 1 July 1996 section 6(1)(a) National Parks Amendment Act 1996 Section 50(1)(d) replaced 1 July 1996 section 6(2) National Parks Amendment Act 1996 Section 50(2) amended 1 July 1996 section 6(1)(b) National Parks Amendment Act 1996 Section 50(3) repealed 1 July 1996 section 6(1)(c) National Parks Amendment Act 1996 Section 50(4) inserted 10 April 1990 section 121(2) Conservation Law Reform Act 1990 Section 50(4) amended 1 July 1996 section 6(1)(d) National Parks Amendment Act 1996 Section 50(5) inserted 10 April 1990 section 121(2) Conservation Law Reform Act 1990
51: Farming within parks
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 Section 51 replaced 1 July 1996 section 7 National Parks Amendment Act 1996
51A: Other activities in parks
1: The Minister may do, or authorise a person to do, any thing that the Minister considers appropriate for the proper and beneficial management, administration, and control of a park.
2: If there is a management plan for the park, the Minister must not do, or authorise a person to do, any thing that is inconsistent with the management plan.
3: If the Minister authorises a person to do any thing, the Minister may impose any terms and conditions the Minister considers appropriate in the circumstances, including a condition requiring the payment of fees. Section 51A inserted 7 July 2010 section 5 National Parks Amendment Act 2010
52: Conservation Act 1987 to apply to leases and licences
Section 52 repealed 1 July 1996 section 8(1) National Parks Amendment Act 1996
53: Powers of Minister where services provided by the Crown
Section 53 repealed 1 July 1996 section 8(1) National Parks Amendment Act 1996
54: Minister may grant easements
Section 54 repealed 1 July 1996 section 8(1) National Parks Amendment Act 1996
55: Roads within park
1: This Act shall not confer on the Minister or the Department any jurisdiction or authority with respect to any public road that is within the boundaries of the park.
2: Except with the consent of the Minister given in accordance with the management plan for a park, no roads may be made over or through the park 1952 No 54 s 33 Section 55(2) amended 1 July 1996 section 9 National Parks Amendment Act 1996
56: Bylaws
1: The Minister may from time to time
a: the management, safety, and preservation of any park, and the safety and preservation of the native plants and animals in the park:
b: the safety and protection of the public using any parks:
c: excluding the public from any specified part or parts of any park:
d: prescribing the conditions on which persons shall have access to or be excluded from any park or any part of any park, or on which persons may use any building or facility in a park, and fixing charges for the admission of persons to any part of any park set apart for any specified purpose of public recreation and for the use of any such building or facility:
e: prescribing conditions for the use of camping sites, or picnic places in any park, and fixing charges for the use of any such camping sites, or picnic places:
f: prohibiting or regulating the use or parking of vehicles or the use or mooring of boats in any park:
g: setting apart and prescribing conditions and fixing charges for the use of parking areas within any park, and providing for the removal from any such area of any motor vehicle parked there in breach of any such condition:
h: prohibiting or regulating the use of any internal combustion engine in any park, whether or not that engine is the means of propulsion of any vehicle, boat, machinery, or appliance:
i: prescribing conditions on which persons may be permitted to enter or remain in any wilderness area within any park:
j: prescribing the safety devices to be fitted to any machinery or device operated in any park under the authority of any agreement, lease, or licence made or granted by the Minister, and regulating the operation and maintenance of such machinery or devices:
k: prohibiting the hovering over or landing of any aircraft on any part of a park:
l: prescribing conditions upon which operators and pilots in command of aircraft may land and take off or set down, pick up, or recover within any park any person, livestock, carcass, or article of any description:
m: prescribing fines, not exceeding $5,000 in any one case, for the breach of any bylaw made under paragraphs (a) to (j):
n: prescribing fines, not exceeding $10,000 in any one case, for the breach of any bylaw made under paragraphs (k) to (l).
2: Bylaws may be made under subsection (1) in respect of parks generally, or in respect of any 1 or more of those parks.
3: Publication of the bylaws in accordance with subsection (4) is
4: Bylaws under this section are secondary legislation ( see Part 3 1952 No 54 ss 38–40; 1970 No 92 s 2; 1973 No 80 s 3; 1977 No 82 s 6(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 that is drafted by the PCO under an agreement with the Agency. Legislation Act 2019 requirements for secondary legislation made under this section that is drafted by the PCO under an agreement with the Agency Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 ss 67(d)(iii) 69(1)(c) cl 23 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It is not disallowable 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 all other secondary legislation made under this section. Legislation Act 2019 requirements for all other 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 56(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 56(1)(d) replaced 10 April 1990 section 124 Conservation Law Reform Act 1990 Section 56(1)(m) replaced 25 October 2013 section 10 Conservation (Natural Heritage Protection) Act 2013 Section 56(1)(n) replaced 25 October 2013 section 10 Conservation (Natural Heritage Protection) Act 2013 Section 56(3) amended 28 October 2021 regulation 9 Legislation Act (Amendments to Legislation) Regulations 2021 Section 56(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 56(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5A: Control of dogs
Part 5A inserted 2 May 1996 National Parks Amendment Act (No 2) 1996
56A: Restrictions in relation to dogs
Except as provided in this Act or in any bylaws made under this Act, no person, being an owner of a dog or a person in charge of a dog, shall allow that dog to be in a national park. Section 56A inserted 2 May 1996 National Parks Amendment Act (No 2) 1996
56B: Dog control permits
1: Subject to section 56C
2: Without limiting the generality of subsection (1), it is hereby declared that the Director-General may refuse to issue a dog control permit if the permit is sought—
a: in relation to a dog that is classified as a dangerous dog under section 31
b: by a person who is—
i: a person classified under section 21(1)
ii: a person disqualified under section 25
iii: a person who has been convicted of an offence under the Dog Control and Hydatids Act 1982; or
iv: a person who has been convicted of an offence against section 26ZZP section 26ZZQ section 56I
v: a person who has been convicted of an offence against the Wildlife Act 1953 Marine Mammals Protection Act 1978 Trade in Endangered Species Act 1989
3: Every dog control permit issued under subsection (1) shall be subject to—
a: the condition that the holder carry the permit on his or her person whenever the holder is in a national park and is accompanied by the dog; and
b: such other conditions as the Director-General thinks fit to impose.
4: Every dog control permit issued under subsection (1) shall state the activity and purpose for which it is issued. Section 56B inserted 2 May 1996 National Parks Amendment Act (No 2) 1996
56C: Requirements in relation to dog control permits
1: The Director-General, in exercising his or her powers under subsection (1) or subsection (3)(b) of section 56B
a: any actual or potential risk to protected wildlife vulnerable to dogs that is on or in the vicinity of the national park or the part of the national park in respect of which the permit is sought:
b: the purposes for which national parks are held:
c: the provisions of any relevant statement of general policy, management strategy, or management plan
d: the need to preserve the safety of members of the public who are likely to be in the national park or in the vicinity of the national park:
e: any conflict between—
i: dogs or people with dogs; and
ii: other users of the national park— that may or will occur in the national park or in relation to the use of the national park.
2: The Director-General shall not issue a dog control permit under section 56B(1)
a: that a dog is essential for the proposed activity; and
b: that the proposed activity—
i: is lawful; and
ii: is not inconsistent with the purposes of this Act or the relevant management strategy or management plan Section 56C inserted 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 56C(1)(c) amended 26 March 2015 section 4(1) National Parks Amendment Act 2015 Section 56C(2)(b)(ii) amended 26 March 2015 section 4(2) National Parks Amendment Act 2015
56D: Power to amend or revoke dog control permit
The Director-General may amend or revoke a dog control permit issued under section 56B(1) Section 56D inserted 2 May 1996 National Parks Amendment Act (No 2) 1996
56E: Persons authorised to take dogs into national park area without dog control permit
1: Any person being—
a: a Police employee
b: a ranger; or
c: an officer or employee of the Department; or
d: a Customs Officer; or
e: a search and rescue person— may, in the course of his or her official duties or in the course of his or her training for those duties and without being the holder of a dog control permit, take a dog into a national park.
2: Any blind or partly blind person who uses a guide dog may, without being the holder of a dog control permit, take that guide dog into a national park.
3: Any person who uses a companion dog may, without being the holder of a dog control permit, take that companion dog into a national park. Section 56E inserted 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 56E(1)(a) amended 1 October 2008 section 130(1) Policing Act 2008
56F: Seizure and destruction of dogs
1: Any ranger who finds a dog in a national park may, unless that dog is in the national park in accordance with—
a: a bylaw made under this Act; or
b: a dog control permit issued under section 56B
c: section 56E seize that dog.
2: Where a dog is in a national park by virtue of a permit issued under section 56B
a: the dog is not in the immediate vicinity of the holder of the permit and the ranger has good cause to suspect that there is a significant risk—
i: of injury to any person or any protected wildlife; or
ii: of disturbance to any protected wildlife; or
b: any condition of the permit or any provision of any bylaw made under this Act is not being observed in relation to the dog; or
c: the holder of the permit is in the immediate vicinity of the dog but the ranger has good cause to suspect that the holder of the permit is unwilling or unable to control the dog; or
d: the dog has caused injury to any person or to any protected wildlife or has killed any protected wildlife.
3: Where a dog is at large in a national park and a ranger or any other person has good cause to suspect—
a: that any condition of a dog control permit or any provision of any bylaw made under this Act is not being observed in relation to that dog; or
b: that dog is likely to cause annoyance or distress to any person or animal; or
c: that dog is likely to damage any property in the national park; or
d: that dog has caused annoyance or distress to any person or animal; or
e: that dog has damaged any property in the national park; or
f: that dog has caused injury to any person or to any protected wildlife or has killed any protected wildlife,— that ranger or other person may seize that dog.
4: Where a ranger has, under any provision of subsections (1) to (3), power to seize a dog but is of the opinion that it is impracticable to do so, that ranger may, without any further inquiry, destroy that dog. Section 56F inserted 2 May 1996 National Parks Amendment Act (No 2) 1996
56G: Disposal of seized dogs
1: Where a ranger or any other person seizes a dog under any provision of section 56F
a: cause that dog to be returned to its owner; or
b: hold the dog in a kennel under the Department's custody; or
c: place the dog in the custody of a territorial authority to be impounded under section 69
2: Where a dog is held by the Department under subsection (1)(b), the following provisions shall apply:
a: the Director-General may, in his or her discretion, return the dog to its owner subject to payment by the owner of any charges incurred, unless the Director-General, in his or her discretion, decides to waive or reduce the charges:
b: the Director-General or an employee of the Department shall, as soon as practicable after the dog has been seized,—
i: give written notice to the nearest territorial authority that the dog has been seized and is held by the Department and shall include in that notice a description of the dog and any other means of identifying it:
ii: give written notice to the owner of the dog (where the owner of the dog is known or can reasonably be located) that the dog has been seized and that, unless the dog is claimed and any charges paid within 7 days of the receipt of that notice, the dog may be sold, destroyed, or otherwise disposed of in such manner as the Director-General thinks fit; and after the expiry of that period the Director-General may so dispose of the dog:
c: where the owner of the dog is not known and cannot be identified, the Director-General may, after the expiry of 7 days after the date of the seizure of the dog, sell, destroy, or otherwise dispose of the dog in such manner as the Director-General thinks fit:
d: the sale, destruction, or other disposal of a dog under these provisions shall not relieve any former owner of the dog of the liability to pay any fees incurred in respect of the dog's seizure, sustenance, and holding.
3: Where a dog that is not registered under the Dog Control Act 1996 section 42
4: Except as provided in subsection (1)(c), nothing in section 69 Section 56G inserted 2 May 1996 National Parks Amendment Act (No 2) 1996
56H: Recovery of costs relating to dogs
1: The reasonable costs of the seizure, holding, maintaining, or destruction of a dog under this Part shall constitute a debt due to the Crown by the owner of the dog and, subject to subsection (2), shall be recoverable by the Director-General from the owner of the dog.
2: The Director-General may, in the Director-General's absolute discretion, refund or waive payment of all or any part of any sum paid or required to be paid pursuant to this section. Section 56H inserted 2 May 1996 National Parks Amendment Act (No 2) 1996
56I: Offences
1: Every person commits an offence against this Act and is liable on
a: being the owner of a dog or a person in charge of a dog, allows that dog, in contravention of section 56A
b: being a person who is authorised, by or under this Act, to take a dog into a national park, fails to keep under proper control a dog that he or she has taken into a national park; or
c: being the owner or a person in charge of a dog, fails to comply with any condition of a dog control permit.
2: Without limiting the generality of subsection (1)(b), a dog shall, for the purposes of this Act, be deemed not to be under proper control if it is found at large in a national park. Section 56I inserted 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 56I(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
56J: Power of ranger to request information
1: Any ranger may, for the purposes of dog control in any national park request any person who is in that national park and who appears to be in charge of any dog to state his or her own name, address, and date of birth, and, where that person claims not to be the owner of the dog, to state the name and address of the owner of the dog.
2: Every person commits an offence and is liable on
3: Any ranger who is a constable and who—
a: has good cause to suspect 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 good cause to suspect that a further offence against subsection (2) has been committed by that person subsequent to the warning,— may arrest that person without a warrant. Section 56J inserted 2 May 1996 National Parks Amendment Act (No 2) 1996 Section 56J(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
56K: Evidence in proceedings
1: Subject to subsections (3) and (4), in any proceedings in respect of an offence against any provision of this Part, a certificate purporting to be signed by the Director-General or any officer authorised by the Director-General for that purpose to the effect that, on a date specified in the certificate, the defendant or other named person was not the holder of a dog control permit shall, in the absence of proof to the contrary, be sufficient evidence of the matter stated in the certificate.
2: A copy of any licence or document granted or issued under this Act which is certified correct by the Director-General, or any officer of the Department duly authorised by the Director-General in that behalf, shall, in any proceedings for an offence against this Part, be sufficient, in the absence of proof of the contrary, to prove that licence or other document.
3: The production of any certificate or copy of any document for the purpose of this section purporting to be signed by any person authorised under this section to sign it shall, in any proceedings for an offence against this Part, be prima facie evidence of the certificate or copy without proof of the signature of the person appearing to have signed it.
4: The production of any certificate or copy of any document signed by the Director-General and certifying that the land upon which any offence is alleged to have taken place was included within a national park shall, in any proceedings for an offence against this Part, be sufficient evidence that the land was within a national park. Section 56K inserted 2 May 1996 National Parks Amendment Act (No 2) 1996
56L: Strict liability
1: In any prosecution for any offence against any provision of section 56I
2: It shall be a defence in any such prosecution if the defendant proves—
a: that the defendant did not intend to commit the offence; and
b: that—
i: 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
ii: in any case where it is alleged that anything prohibited was done, that the defendant took all reasonable steps to ensure that it was not done. Section 56L inserted 2 May 1996 National Parks Amendment Act (No 2) 1996
6: Financial provisions
57: Application of revenue from national parks
1: All money received by way of rent, penalties, fee, fines, royalties, donations, subsidies, or otherwise under this Act shall be paid in accordance with the Public Finance Act 1989
2: Notwithstanding subsection (1), where any money has been received under this Act by way of gift or bequest and the person who gave or bequeathed the money has directed that the money shall be used for any particular purpose or purposes or in any particular park or parks, that money shall be applied only in accordance with those directions. Section 57(1) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 57(1) amended 1 July 1989 section 86(1) Public Finance Act 1989
58: Application of proceeds where land excluded from national park
1: Where any land is excluded from any park and the land is subsequently alienated by the Crown the proceeds of the alienation shall be paid into a Crown Bank Account
a: except in a case to which paragraph (b) applies, an amount equal to the proceeds of the sale may, if the Minister so directs, be paid out of public money section 57
b: where the land is sold on deferred-payment licence or is granted on Crown lease, there may, if the Minister so directs, be paid out of public money section 57
i: an amount equal to the purchase price payable under the deferred-payment licence, or, as the case may be, the rental value of the lease; or
ii: an amount equal to the instalments (including interest) paid under the deferred-payment licence, or, as the case may be, the rent paid under the lease.
2: Where, before the commencement of this Act, any land was excluded from a national park, then, notwithstanding anything in any other Act, subsection (1) shall apply with respect to the proceeds of any alienation of the land received after the commencement of this Act as if the land had been excluded from the national park under section 11 1977 No 66 s 82 Section 58(1) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 58(1) amended 1 July 1989 section 86(1) Public Finance Act 1989 Section 58(1)(a) amended 1 July 1989 section 86(1) Public Finance Act 1989 Section 58(1)(b) amended 1 July 1989 section 86(1) Public Finance Act 1989
59: Local authorities may make contributions for national park purposes
Any local authority may from time to time make contributions out of its general fund or account towards the cost of acquisition by the Crown of any land or interest in land for national park purposes or for the management, improvement, and maintenance of any national park, or of any part of a national park, notwithstanding that the national park may be situated outside the district of that local authority. 1952 No 54 s 51
7: Offences
60: Offences in parks
1: Every person commits an offence against this Act who, without being authorised by the Minister (the proof of which shall be on the person charged) or by any bylaw made under this Act,—
a: causes or allows any animal owned by him or under his control to trespass on any park; or
b: takes any animal into or liberates any animal in any park; or
c: plants any plant, or sows or scatters the seed of any plant, or introduces any substance that he knows or ought to have known is injurious to plant or animal life, in any park; or
d: removes or wilfully damages any, or any part of, any plant, stone, mineral, gravel, kauri gum, protected New Zealand object
e: wilfully digs, cuts, excavates, or damages the turf in any park; or
f: occupies or uses any land in a park for cultivation or any other purpose; or
g: wilfully damages or defaces any fence, building, or apparatus in any park; or
h: takes or destroys or wilfully injures or in any manner disturbs or interferes with any native animal or the nest or eggs of any native animal in any park; or
i: erects any building, sign, hoarding, or apparatus in any park; or
j: conducts in any park any activity for which a concession is required under this Act; or
k: in any way interferes with or damages the natural or historic features of any park; or
l: contravenes or fails to comply with section 51A
2: Every person commits an offence against this Act who—
a: when required by notice from the Minister or the Director-General
b: being the driver of any vehicle or the pilot of any aircraft or the person in charge of any boat that is illegally in a park or part of a park, fails or refuses to remove it from the park or part of a park when required to do so by any ranger; or
c: without a concession concession
d: unlawfully alters, obliterates, defaces, pulls up, removes, interferes with, or destroys any boundary marks, or any stamp, mark, sign, poster, intentions book, concession
3: Every person commits an offence against this Act who uses, receives, sells, or otherwise disposes of any item specified in paragraph (d) or paragraph (h) of subsection (1) knowing it to have been removed unlawfully from any park.
4: Every person commits an offence against this Act who, without being authorised by the Minister (the proof of which shall be on the person charged),—
a: is in possession of any chainsaw or any firearm, trap, net, or other like object in a park; or
b: discharges any firearm in a park; or
c: from outside a park, shoots at any animal or any other object or thing inside the park with any firearm.
5: Where any person is found discharging a firearm in contravention of subsection (4), section 61(6)
6: Any person convicted of an offence under this section shall, in addition to any penalty for which he may be liable for the offence, be liable to pay the cost of repairing or restoring any damage done to the park, or to any plant or property growing or being in the park in the course of committing such an offence.
7:
8: For the purpose of subsection (6) 1952 No 54 s 54; 1955 No 75 s 2; 1968 No 136 s 5(2)(d); 1974 No 69 s 10; 1977 No 82 ss 7(1), (3), 8(1), 9 Section 60(1)(d) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 60(1)(j) replaced 1 July 1996 section 10(1) National Parks Amendment Act 1996 Section 60(1)(l) inserted 1 July 1996 section 10(2) National Parks Amendment Act 1996 Section 60(2)(a) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 60(2)(c) amended 1 July 1996 section 10(3)(a) National Parks Amendment Act 1996 Section 60(2)(d) amended 1 July 1996 section 10(3)(b) National Parks Amendment Act 1996 Section 60(7) repealed 25 October 2013 section 11(1) Conservation (Natural Heritage Protection) Act 2013 Section 60(8) amended 25 October 2013 section 11(2) Conservation (Natural Heritage Protection) Act 2013 Section 60(8) amended 1 July 2013 section 413 Criminal Procedure Act 2011
61: Seizure and forfeiture of property
1: Any ranger may seize any item found in the possession of any person in a park, if he has reasonable cause to believe that that person, in obtaining possession of the item, committed an offence against this Act.
2:
3: If, in any case to which paragraph (a) or (b) applies, in proceedings charge then, despite subpart 6
a: in any case where the item seized is protected wildlife or the nest or egg of any protected wildlife or the body of any protected wildlife, or any part thereof, it shall be Wildlife Act 1953
b: in any case where the item seized is a protected New Zealand object
i: where, under the Protected Objects
ii: in any other case, it shall be delivered to the person who is entitled to its custody under the Protected Objects
c:
4: Where in proceedings taken within that period in respect of that offence against the person from whom the property was seized, the defendant is convicted of the offence in respect of which the property was seized, then—
a: in any case where that property is protected wildlife or the nest or egg of any protected wildlife or the body of any protected wildlife, or any part thereof, it shall be forfeited to the Crown and shall be dealt with under the Wildlife Act 1953
b: in any case where the item seized is a protected New Zealand object
i: where, under the Protected Objects
ii: in any other case, it shall be delivered to the person who is entitled to its custody under the Protected Objects
c: in the case of any other item, it shall be forfeited to the Crown.
4A: Subsection (4) applies as if a person were convicted of an offence if an infringement notice is issued to the person or a charging document is filed against the person in relation to an infringement offence and any of the following occurs:
a: the infringement fee for the offence is paid:
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 enter into an arrangement under section 21(3A)
d: the person is found guilty, or admits the commission, of the infringement offence.
5: All buildings, signs, hoardings, fences, or apparatus erected in any park without the written consent of the Minister shall be forfeited to the Crown.
6: Any chainsaw, firearm, trap, net, or other like item found in the unlawful possession of any person in any park, and any item found in the possession of any person in any park and used in committing an offence in the park, may be seized by any ranger
7: Subject to subsection (3), the provisions of Part 4 subpart 3
8: A court may direct that an item seized under subsection (6) be forfeited to the Crown if—
a: proceedings for an offence are taken against the person from whom the item was seized within 6 months after the seizure and the court enters a conviction against the person; or
b: proceedings for an infringement offence are commenced against the person from whom the item was seized by filing a charging document within 6 months after the seizure and the person is found guilty, or admits the commission, of an infringement offence.
8A: If proceedings are not commenced within 6 months after the seizure, or if the court does not direct that the item be forfeited to the Crown, the item must be returned to the person from whom it was seized.
9: Every item that is forfeited to the Crown under this section shall be returned to the park or sold or otherwise disposed of in such manner as the Minister directs.
10: The proceeds of the sale or disposal of anything sold or otherwise disposed of under this section shall be dealt with under section 57 1952 No 54 s 54(8) Section 61(2) repealed 1 October 2012 section 285(2) Search and Surveillance Act 2012 Section 61(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 61(3) amended 1 October 2012 section 285(3)(a) Search and Surveillance Act 2012 Section 61(3) amended 1 October 2012 section 285(3)(b) Search and Surveillance Act 2012 Section 61(3) amended 1 October 2012 section 285(3)(c) Search and Surveillance Act 2012 Section 61(3)(a) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 61(3)(b) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 61(3)(b)(i) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 61(3)(b)(ii) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 61(3)(c) repealed 1 October 2012 section 285(3)(d) Search and Surveillance Act 2012 Section 61(4)(b) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 61(4)(b)(i) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 61(4)(b)(ii) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 61(4A) inserted 21 December 2018 section 30(1) Conservation (Infringement System) Act 2018 Section 61(6) amended 1 October 2012 section 285(4) Search and Surveillance Act 2012 Section 61(7) replaced 1 October 2012 section 285(5) Search and Surveillance Act 2012 Section 61(8) replaced 21 December 2018 section 30(2) Conservation (Infringement System) Act 2018 Section 61(8A) inserted 21 December 2018 section 30(2) Conservation (Infringement System) Act 2018
62: Trespassing animals
1: Any animal that is found trespassing on a national park may be seized by any ranger or person called upon by him for assistance.
2: Where any such animal is unbranded or unregistered and has no reputed owner, it shall be forfeited to the Crown, and the Minister may cause it to be destroyed, sold, or otherwise disposed of as he thinks fit.
3: Where any such animal is branded or registered or has a reputed owner, the Minister may—
a: give written notice to the reputed owner, or his agent, or any person who ought to have charge of the animal; or
b: issue, once a week for 2 consecutive weeks in some newspaper circulating in the locality, a notice,— calling on the owner or reputed owner to remove the animal from the park or from any other place to which it may have been transferred, and giving warning that, if the animal is not removed within 14 days after the date of the first notice, it may be destroyed, sold, or otherwise disposed of.
4: If any animal referred to in subsection (3) is not so removed within the period mentioned in the notice, the Minister may cause it to be destroyed, sold, or otherwise disposed of.
5: Any person convicted of an offence against section 60(1)(a)
a: any costs incurred by the Minister in giving or issuing any notice under subsection (3); and
b: the expenses of mustering, keeping, destroying, selling, or otherwise disposing of the animal in accordance with this section; and
c: the cost of repairing or restoring any damage done to the park by the animal.
6: The costs and expenses referred to in subsection (5) shall be assessed by a District Court Judge and shall be recoverable
7: All money received by the Minister under this section shall be paid into a Crown Bank Account section 57
8: Nothing in this section applies to wild animals (as defined in section 2 1952 No 54 s 54(5)–(7); 1977 No 82 s 9(2)(d) Section 62(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 62(7) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 62(8) inserted 25 November 1994 National Parks Amendment Act 1994
63: Offences in respect of rangers
Every person commits an offence against this Act who—
a: wilfully obstructs a ranger while acting in the execution of any of the functions, powers, or duties conferred or imposed on him by this Act:
b: fails to state information or produce evidence required under section 64A
c: not being a ranger, represents himself to be a ranger. Section 63(b) replaced 21 December 2018 section 31 Conservation (Infringement System) Act 2018
64: Power to interfere to prevent offending
1: Any ranger may summarily interfere to prevent any offence against this Act or any bylaw made under this Act, and may require any person found offending to desist from the offence.
2: If any person when required to desist from an offence against this Act continues the offence, he commits a further offence against this Act. 1952 No 54 s 52(1); 1965 No 98 s 2 Section 64 heading replaced 21 December 2018 section 32 Conservation (Infringement System) Act 2018
64A: Power to require information
1: This section applies if a ranger believes on reasonable grounds that a person has committed or is committing an offence against this Act or any bylaws made under this Act.
2: The ranger may require the person to—
a: state the person’s full name, residential address, and date of birth; and
b: provide evidence, as soon as practicable, of the person’s full name, residential address, and date of birth. Section 64A inserted 21 December 2018 section 33 Conservation (Infringement System) Act 2018
65: Ranger may stop and search boats, vehicles, premises, and possessions in park
1: Any ranger may, in the exercise of his functions, powers, and duties within any park, at any time that is reasonable in the circumstances,
a: search, and for that purpose, stop and detain, any vehicle, or any riding or pack animal, or any boat, or any aircraft while on the ground or on the water, and search any tent, caravan, hut, or bach, if he has reasonable cause to believe—
i: that any offence against this Act or any bylaw made under this Act has been committed by the owner or person in possession or occupation thereof or by any other person; and
ii: that evidence relating to the offence will be found in the course of that search; and
b: in the presence of the owner or other person in possession, open and search any parcel, package, case, bag, luggage, or other container in or on that vehicle, riding or pack animal, boat, aircraft, tent, caravan, hut, or bach.
2: The provisions of Part 4 subpart 3 sections 118 119 1952 No 54 s 52A(d); 1977 No 82 s 7(1) Section 65(1) amended 10 April 1990 section 125(1) Conservation Law Reform Act 1990 Section 65(2) replaced 1 October 2012 section 285(6) Search and Surveillance Act 2012
66: Stopping and searching boats outside parks
1: Any authorised officer who has good cause to suspect that an offence against this Act or any bylaws made under this Act has been committed on or from or in respect of any boat or by any person on any boat, may, while that boat is within the territorial sea of New Zealand, and if he has reasonable cause to believe that evidence relating to the offence is on that boat,—
a: at any time that is reasonable in the circumstances,
b: inspect, seize, and detain any specimens of plants or animals, rock, mineral, soil, or protected New Zealand objects
c: arrest without warrant any person whom he has good cause to suspect of having committed such an offence.
2: The provisions of Part 4 subpart 3
3:
4: Every person commits an offence against this Act who in any way prevents or attempts to prevent any authorised officer or any assistant of any authorised officer from exercising any power conferred by this section.
5: Section 61
6: In this section the term authorised officer
a: the officer in command of any vessel of the New Zealand Naval Forces; and includes any person under his command and authorised by him to act in any particular case:
b: any ranger:
c: any officer of the Department specifically authorised in writing by the Minister to act under this section:
d: any constable:
e: the master of any New Zealand Government ship within the meaning of section 2(1) of the Shipping and Seamen Act 1952. 1977 No 66 s 100 Section 66(1)(a) amended 10 April 1990 section 126(1) Conservation Law Reform Act 1990 Section 66(1)(b) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 66(2) replaced 1 October 2012 section 285(7) Search and Surveillance Act 2012 Section 66(3) repealed 1 October 2012 section 285(7) Search and Surveillance Act 2012
67: Proceedings in respect of offences
1: Only the Director-General, or some person appointed by the Director-General or by the Minister, may file a charging document for an offence against this Act or any bylaws made under this Act.
2: An appointment under subsection (1) may be for the purpose of filing a charging document in respect of a particular offence, or may be a general appointment to file charging documents in respect of offences.
3: Any officer in the department, although not the person who filed the charging document, may appear and conduct the prosecution in any proceedings for offences against this Act or any bylaws made under this Act. Section 67 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
68: Time for filing charging document
Despite anything to the contrary in section 25 Section 68 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
69: Presumptions relating to offences
1: If, in the vicinity of a park, any person is found in possession of any plant, stone, mineral, egg, nest, animal, taonga tūturu
2: In any proceedings for an offence under this Act or any bylaws made under this Act, it shall be presumed in the absence of proof to the contrary, that all maps, plans, and copies of maps or plans appearing to be certified as true under the hand of a Chief Surveyor are so certified without production of the original records and without the personal attendance of those officers or proof of their signatures. 1952 No 54 s 57; 1968 No 136 s 5(2)(e) Section 69(1) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006
69A: Penalties for certain offences
1: Every person who commits an offence against any of the provisions listed in subsection (2) subsection (3)
2: The provisions are—
a: section 13(5)
b: section 60(1)(a) to (i), (k), and (l)
c: section 60(2)(a) and (b)
d: section 60(4)(b) and (c)
e: section 63(a)
3: The penalties are,—
a: in the case of an individual, imprisonment for a term not exceeding 2 years or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues. Section 69A inserted 25 October 2013 section 12 Conservation (Natural Heritage Protection) Act 2013
69B: Penalties for offences committed for commercial gain or reward
1: If a person is convicted of an offence against this Act and, on sentencing for that offence, the court is satisfied beyond reasonable doubt that the offence was committed for the purpose of commercial gain or reward (whether or not any gain or reward is realised), the person is liable instead of any penalty otherwise prescribed to,—
a: in the case of an individual, imprisonment for a term not exceeding 5 years or a fine not exceeding $300,000, or both:
b: in the case of a body corporate, a fine not exceeding $300,000:
c: in any case, where the offence is a continuing one, a further fine not exceeding $20,000 for every day on which the offence continues.
2: Subsection (1) Section 69B inserted 25 October 2013 section 12 Conservation (Natural Heritage Protection) Act 2013
70: Penalties
Every person who commits an offence against this Act for which no penalty is prescribed elsewhere in this Act is liable on conviction to,—
a: in the case of an individual, imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000, or both:
b: in the case of a body corporate, a fine not exceeding $200,000:
c: in any case, where the offence is a continuing one, a further fine not exceeding $10,000 for every day on which the offence continues. Section 70 replaced 25 October 2013 section 13 Conservation (Natural Heritage Protection) Act 2013
70A: Sentence of community work
A court may sentence any individual who is convicted of an offence Part 2 Section 70A inserted 25 October 2013 section 13 Conservation (Natural Heritage Protection) Act 2013 Section 70A amended 21 December 2018 section 34 Conservation (Infringement System) Act 2018
71: Removal and disposal of abandoned boats and vehicles, and vehicles parked in prohibited places
1: Any officer or employee of the Department who has reasonable cause to believe that any boat or vehicle has been abandoned in a park may remove it or cause it to be removed to any place authorised by the Minister for that purpose.
2: Where the Minister has appropriated any part of a park for parking of vehicles, any officer or employee of the Department may remove to any place so appropriated any vehicle that is parked on any part of the park where the parking of vehicles is prohibited.
3: Where any vehicle is so removed, the owner or other person in charge of the vehicle shall be liable to the Crown for the cost of removing the vehicle and for the charges that, under bylaws made under this Act, would be payable for the use of that parking space if the vehicle had been parked there by the owner or other person in charge.
4: Unless, within 2 months after the date on which a vehicle is removed under subsection (1) or subsection (2), the owner or some other person removes the vehicle from the park or other place where it is stored and pays to the Minister on behalf of the Crown the cost of removing and storing it under subsection (1) or, as the case may be, the cost of removing it under subsection (2) and the parking charges payable under that subsection, then,—
a: if the vehicle—
i: is not a motor vehicle; or
ii: is a motor vehicle and no licence to use the vehicle for the current licensing year is affixed to it,— the Minister may give not less than 14 days' notice by advertisement in 2 issues of a newspaper circulating in the district in which the park is situated, of his intention to sell or destroy the vehicle:
b: if—
i: the vehicle is a motor vehicle; and
ii: a licence to use the vehicle for the current licensing year is affixed to it,— the Minister may give not less than 14 days' notice to the person last registered under Part 17
5: Any notice under subsection (4)(b) may be given by personal delivery to the person in question
6: Unless, before the expiry of the notice given under subsection (4), the owner of the vehicle—
a: pays to the Minister on behalf of the Crown the cost of removing and storing the vehicle under subsection (1), or, as the case may be, the cost of removing it under subsection (2) and the parking charges payable under that subsection, and, in either case, the cost of any advertisements published under this section; and
b: removes the vehicle from the park or other place to which it was removed,— the Minister may, at any time after the expiry of the notice, sell the vehicle to any person who shall thereupon become the lawful owner of the vehicle, or the Minister may cause the vehicle to be destroyed.
7: The proceeds of the sale of any vehicle sold in accordance with this section shall be the property of the Crown and shall be paid into a Crown Bank Account section 57
8: For the purposes of this section, and without limiting the meaning of the term abandoned
9: In this section expressions defined in the Land Transport Act 1998 1952 No 54 s 57A; 1974 No 69 s 11 Section 71(4)(b) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 71(5) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 71(7) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 71(9) amended 1 May 2011 section 35(4) Land Transport Amendment Act 2009 Section 71(9) amended 1 March 1999 section 215(1) Land Transport Act 1998
7A: Infringement offences
Part 7A inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71A: Relationship with other offences
Nothing in this Part prevents the prosecution of, and conviction for, an offence in any other Part of this Act (instead of proceeding under this Part). Section 71A inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
1: Infringement offences
Subpart 1 inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71B: Specially protected areas
1: A person must not—
a: enter or remain in a specially protected area, except under the authority of a permit issued under section 13
b: fail to comply with a condition contained in a permit.
2: A person who fails to comply with this section commits an infringement offence. Section 71B inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71C: Control of dogs
1: An owner or a person in charge of a dog must not—
a: allow the dog to be in a national park in contravention of section 56A
b: fail to comply with a condition of a dog control permit.
2: A person who is authorised by or under this Act to take a dog into a national park must keep a dog that the person takes into a national park under proper control.
3: For the purposes of subsection (2), a dog is deemed not to be under proper control if it is found at large in a national park.
4: Subsection (3) does not limit subsection (2).
5: A person who fails to comply with this section commits an infringement offence. Section 71C inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71D: Unauthorised actions in parks
1: A person must not, without being authorised by the Minister or by a bylaw made under this Act,—
a: cause or allow any animal owned by the person or under the person’s control to enter any park; or
b: liberate any animal in any park; or
c: plant any plant, or sow or scatter the seed of any plant, or introduce any substance that is injurious to plant or animal life, in any park; or
d: remove or damage any, or any part of any, plant, stone, mineral, gravel, kauri gum, protected New Zealand object, or relic in any park; or
e: dig, cut, excavate, or damage the turf in any park; or
f: occupy or use any land in a park for cultivation or any other purpose; or
g: damage or deface any fence, building, or apparatus in any park; or
h: take, destroy, injure, disturb, or interfere with any native animal, or the nest or eggs of any native animal, in any park; or
i: erect any building, sign, hoarding, or apparatus in any park; or
j: in any way interfere with or damage the natural or historic features of any park; or
k: contravene or fail to comply with a term or condition imposed by the Minister under section 51A
2: A person must not, without being authorised by the Minister, be in possession of any chainsaw or any firearm, trap, net, or other similar object in a park.
3: A person must not—
a: conduct in any park any activity for which a concession is required under this Act without the required concession; or
b: do or cause to be done any act, matter, or thing for which a right or authority is required by this Act without the required right or authority.
4: A person who fails to comply with this section commits an infringement offence. Section 71D inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71E: Using or receiving items removed unlawfully from park
1: A person must not use, receive, or dispose of an item removed from a park in contravention of section 71D(1)(d) or (h)
2: A person who fails to comply with this section commits an infringement offence. Section 71E inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71F: Altering boundary marks or items issued by Minister or Department
1: A person must not unlawfully alter, obliterate, deface, pull up, remove, interfere with, or destroy any boundary marks, or any stamp, mark, sign, poster, intentions book, concession, or other right or authority issued by the Minister or the Department.
2: A person who fails to comply with this section commits an infringement offence. Section 71F inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71G: Failure to remove animal, vehicle, aircraft, or boat
1: An owner or a person in control of an animal must comply with a notice from the Minister or Director-General requiring the person to remove the animal from a park.
2: A driver of any vehicle or the pilot of any aircraft or the person in charge of any boat that is illegally in a park must remove the vehicle, aircraft, or boat from the park when required to do so by a ranger.
3: A person who fails to comply with this section commits an infringement offence. Section 71G inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71H: Littering
1: A person must not deposit litter in a park.
2: A person who fails to comply with this section commits an infringement offence.
3: In this section,— deposit section 2(1) litter section 2(1) Section 71H inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
2: Procedural matters
Subpart 2 inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71I: 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 71K
2: If an infringement notice has been issued under section 71K section 21 Section 71I inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71J: Who may issue infringement notices
The Director-General may authorise a ranger, in writing, to issue infringement notices under this Act. Section 71J inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71K: Infringement notices
1: A ranger authorised under section 71J
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 71K inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71L: 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 71L inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71M: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. Section 71M inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71N: 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 71N inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
3: Regulations
Subpart 3 inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018
71O: Regulations relating to infringement offences
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
a: prescribing infringement offences for the contravention of bylaws made under this Act:
b: prescribing 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:
c: prescribing information to be included in infringement notices and reminder notices.
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 71O inserted 21 December 2018 section 35 Conservation (Infringement System) Act 2018 Section 71O(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
8: Miscellaneous provisions
72: Former Authority and boards to cease to exist
1: The National Parks Authority established under section 4 of the National Parks Act 1952 and every National Park Board established under sections 16 to 18 of that Act and existing immediately before the commencement of this Act, shall cease to exist on the commencement of this Act.
2: The members of the National Parks Authority appointed by or under section 4 of the National Parks Act 1952 and the members of every National Park Board appointed by or under sections 16 to 18A of that Act, holding office immediately before the commencement of this Act, shall go out of office on the commencement of this Act.
3: Every reference in any enactment passed before the commencement of this Act, other than an enactment specified in Schedule 1
73: Assets, liabilities, and rights of former Authority and boards transferred to Crown
1: On the commencement of this Act,—
a: all real and personal property belonging to the Authority established under section 4 of the National Parks Act 1952, or any board established under sections 16 to 18 of that Act (in this section referred to as the former Authority any former board
b: all money payable to the former Authority or any former board shall become payable to the Crown:
c: all contracts, engagements, and liabilities, and all rights and authorities of any nature whatever of the former Authority or any former board shall become contracts, engagements, liabilities, rights, and authorities of the Crown:
d: all proceedings pending by or against the former Authority or any former board may be carried on, completed, and enforced by or against the Crown.
2: All money vested in the Crown by subsection (1) shall be paid into a Crown Bank Account section 57
3: Subject to subsection (5), the
4: All references to the former Authority or any former board in any security or other document whatever (not being an enactment) that is subsisting immediately before the date of commencement of this Act, or in any notice or other communication served, given, or sent before, on, or after that date in relation to any such security or other document shall, unless the context otherwise requires, be read as references to the Crown.
5: No Registrar of Deeds or
a: executed or purporting to be executed on behalf of the Crown; and
b: relating to any property held immediately before the commencement of this section by the former Authority or any former board; and
c: containing a recital that the property has become vested in the Crown by virtue of the provisions of this section— shall, in the absence of proof to the contrary, be sufficient evidence that the property is vested in the Crown.
6: Except as provided in subsections (3) and (5), nothing in this section shall derogate from the provisions of the Land Transfer Act 2017 Section 73(2) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 73(3) amended 1 June 2002 section 38(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 73(5) amended 1 June 2002 section 38(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 73(6) amended 12 November 2018 section 250 Land Transfer Act 2017
74: Director-General may execute documents on behalf of the Crown
All documents that require to be executed for the purpose of this Act by or on behalf of Her Majesty or by or on behalf of the Minister may, unless otherwise provided by this Act, be executed by the Director-General, and if so executed shall be as valid and effectual as if executed by or on behalf of Her Majesty or by or on behalf of the Minister, as the case may be. 1977 No 66 s 117
75: Director-General may act in proceedings on behalf of the Crown
All actions and proceedings by or on behalf of the Crown in connection with any breach of contract or any trespass or any damage accruing by reason of trespass or for the recovery of any rent, purchase money, or other money in respect of any national park or in respect of any damages or wrongs suffered by the Crown in respect of any national park may be commenced, prosecuted, and carried on by the Director-General on behalf of the Crown, and the Director-General may be plaintiff or defendant, as the case may require, in any such action or proceeding. 1977 No 66 s 118
76: Records of title
1: The Registrar-General of Land must Director-General record or records of title under the Land Transfer Act 2017
2: Subsection (1) shall not oblige any person to register any lease or licence granted under this Act. 1952 No 54 s 60 Section 76 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 76(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 76(1) amended 1 June 2002 section 38(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 76(1) amended 1 April 1987 section 65(1) Conservation Act 1987
77: Approval under this Act not to authorise actions in contravention of other Acts
Nothing in any authorisation by the Minister to do any act that would otherwise be unlawful under this Act shall be deemed to authorise any person to do any act in contravention of the Native Plants Protection Act 1934 Wildlife Act 1953 Heritage New Zealand Pouhere Taonga Act 2014 Protected Objects Wild Animal Control Act 1977 any secondary legislation Section 77 amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77 amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 77 amended 1 November 2006 section 35 Protected Objects Amendment Act 2006
78: Mining operations in national parks
Section 78 repealed 1 October 1991 section 362 Resource Management Act 1991
79: Certain other Acts unaffected
Nothing in this Act shall affect the Manapouri - Te Anau Development Act 1963 Mount Egmont Vesting Act 1978
80: Amendments, repeals, and revocations
1: The enactments specified in Schedule 1
2: The enactments specified in Schedule 2
3: All bylaws made under section 38 of the National Parks Act 1952, including those specified in Schedule 3 |
DLM35680 | 1980 | Stamp and Cheque Duties Amendment Act 1980 | 1: Short Title, commencement, and application
1: This Act may be cited as the Stamp and Cheque Duties Amendment Act 1980, and shall be read together with and deemed part of the Stamp and Cheque Duties Act 1971
2: This Act shall come into force on the 4th day of July 1980, and, subject to section 3
2: Rate of cheque duty
This section substituted section 78
3: Transitional provisions
Section 2
a: Any bill of exchange form which, pursuant to section 81
b: Any bill of exchange form which, pursuant to section 82
c: Any bill of exchange form on which, pursuant to section 83 |
DLM42224 | 1980 | Cook Islands Amendment Act 1980 | 1: Short Title
This Act may be cited as the Cook Islands Amendment Act 1980, and shall be read together with and deemed part of the Cook Islands Act 1915
2: Return to New Zealand in custody
This section substituted section 338
3: Transfer of persons in custody to or in Cook Islands
This section amended sections 346 348
4: Application of Act to Cook Islands
Whereas in accordance with Article 46 of the Constitution of the Cook Islands Schedule 2 to the Cook Islands Constitution Amendment Act 1965 This Act shall extend to the Cook Islands as part of the law of the Cook Islands. |