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DLM42233

1980

Local Legislation Act 1980

1: Short Title This Act may be cited as the Local Legislation Act 1980. City and borough councils 2: Hamilton City Council: validating illegal sales of land 1: Notwithstanding that they were without the consent of the Minister of Local Government required by section 150(4) of the Municipal Corporations Act 1954, the actions of the Hamilton City Council in entering, as the mayor, councillors, and citizens of the city of Hamilton, into— a: an agreement dated 28 November 1973 for the sale of the municipal endowment described in subsection (3)(a) to Hadley and De Luen Limited; and b: an agreement dated 18 June 1975 for the sale of the municipal endowment described in subsection (3)(b) to G R Heappey Limited— are hereby validated and deemed to have been lawful; and the agreements for the sale of those municipal endowments (hereafter in this section together referred to as the said endowments 2: The proceeds from the sale of the said endowments shall be invested— a: in other land; or b: in securities of other local authorities; or c: on deposit with a global asset or any pool of the global asset trust or any existing scheme d: in first mortgage loans for staff housing— so as to preserve the endowment. 3: The said endowments comprise— a: the land comprising approximately 928 m 2 b: the land comprising approximately 669 m 2 Section 2(2)(c) amended 7 September 1990 section 34(b) National Provident Fund Restructuring Act 1990 3: Patea Borough Council: authorising expenditure of money held in Reserves Realization Fund on upgrading of swimming baths Notwithstanding anything in section 4(2) 4: Patea Borough Council: validating excessive rate Notwithstanding that the general rate on the land value of all rateable property in the Borough of Patea of 13.39 cents per dollar, resolved to be made and levied in respect of the year that ended with 31 March 1979 by the Patea Borough Council at a duly notified meeting held on 30 May 1978, was invalid by virtue of its exceeding the limit imposed by section 136 a: the said rate is hereby validated and deemed to have lawfully made: b: all actions of the said council in levying and collecting the said rate are hereby validated and deemed to have been lawful: c: all money received by the said council in payment of the said rate is hereby deemed to have been lawfully paid to and received by it: d: such part of the said rate as has not yet been paid to the said council is hereby deemed to be lawfully payable, and capable of being collected as if it had always been lawfully payable. 5: Petone Borough Council: validating unlawful leases 1: Notwithstanding section 10 of the Petone and Hutt Corporations Empowering Act 1905,— a: every purported lease of a site on the beach (within the meaning of that Act) before the commencement of this Act granted by the Petone Borough Council (hereafter in this section referred to as the council b: all actions of the council in granting any such lease so granted are hereby validated and deemed to be lawful: c: all rent received by the council under any such lease so granted is hereby deemed to have been lawfully paid to and received by it: d: such rent payable under any such lease so granted as has not before the commencement of this Act been paid to the council is hereby deemed to be lawfully payable, and capable of being collected as if it has always been lawfully payable: e: such rent as on or after the commencement of this Act becomes payable to the council under any such lease so granted is hereby declared to be lawfully payable to the council, and capable of being collected accordingly. 2: Part 2 of the Petone and Hutt Corporations Empowering Act 1905 is hereby repealed. County councils 6: Golden Bay County Council: authorising grant towards gymnasium 1: Notwithstanding that it is not otherwise authorised to do so, but subject to subsection (2), the Golden Bay County Council is hereby authorised and empowered to pay to the Nelson Education Board out of its Land Subdivision Reserve Fund Account such sum or sums (not exceeding in the aggregate $15,000) as the said council thinks fit towards the cost of constructing a gymnasium at Golden Bay High School; and the said board shall hold and apply all such sums for that purpose. 2: The said council shall not so pay any such sum until— a: it has been granted by the said board a licence under section 6A b: the Minister of Recreation and Sport has notified the said council in writing that he is satisfied that the licence so granted provides for the reasonable use by members of the public of the said gymnasium and its ancillary facilities. 3: Notwithstanding subsection (1), the receipt of the secretary for the time being of the said board shall be a full and sufficient discharge to the said council for any such sum, and the said council shall not be obliged to see to its application. 7: Southland County: redefinition of boundaries 1: Subject to subsection (2), the boundaries of the County of Southland are hereby declared to be those specified in the Schedule 2: The said boundaries may from time to time be redefined, amended, or altered, pursuant to the Local Government Act 1974 8: Taranaki County Council: stopping of street and revesting in subdividers 1: Notwithstanding that the parcels of land respectively marked “A”, “B”, and “C” on SO Plan 11523 held in the office of the Chief Surveyor at New Plymouth (hereafter in this section referred to as the said parcels Council a: the owners for the time being of the land described in subsection (3) (hereafter in this section referred to as the said land Registrar b: upon the presentation for registration of such a memorandum, the said Registrar i: there is executed upon it the approval of the New Plymouth City Council; and ii: in his opinion, it would in all respects be in order for registration if the owners for the time being of the said land were the registered proprietors of the said parcels,— register that memorandum; and c: upon the registration of such an easement,— i: the said parcels shall thereupon be deemed to have been stopped; and ii: of the said parcels, those marked “A” and “C” shall vest in the persons then registered as proprietors of the land described in subsection (3)(a); and iii: the other of the said parcels shall vest in the persons then registered as proprietors of the land described in subsection (3)(b); and iv: section 308 section 279(2)(b) v: the bond dated 8 September 1976 between the chairman, councillors, and inhabitants of the County of Taranaki of the first part, and Bruce Henderson and Keith McDonald Okey of the second part, and The New Zealand Insurance Company Limited of the third part shall be deemed to have been satisfied in its entirety. 2: Except as expressly provided in subsection (1), nothing in that subsection shall operate to limit or affect any powers of the council in respect of the said parcels, the said land, any other land, any scheme plan, or any bond, deed of covenant, or memorandum of encumbrance. 3: The said land comprises— a: that parcel of land situated in Block IV, Paritutu Survey District, containing approximately 2.4302 hectares, being part of Lot 3, DP 12115, and being the residue of the land comprised and described in certificate of title No D4/1338 (Taranaki Registry); and b: that parcel of land situated in Block IV, Paritutu Survey District, containing approximately 7.6858 hectares, being Lot 1, DP 12115, and being all the land comprised and described in certificate of title No D4/1336 (Taranaki Registry). Section 8(1)(a) amended 1 June 2002 section 38(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 Section 8(1)(b) amended 1 June 2002 section 38(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 9: Waihemo County Council: validating unlawful actions with regard to rural water schemes The special orders made on 23 June 1980 under section 423 section 47 Harbour Board 10: Wellington Harbour Board: validating unlawful lease 1: Notwithstanding that they were contrary to section 5 2: The said land comprises that parcel of land situated in the City of Wellington containing approximately 598 m 2 3: Section 59 11: Wellington Harbour Board: authorising lease of part of wharf 1: Notwithstanding that the land described in subsection (2) (hereafter in this section referred to as the said land 2: The said land comprises the parcels of land situated in the City of Wellington containing— a: first, approximately 4 464 m 2 b: secondly, approximately 4.48 hectares, being the land shown edged orange on Plan MD 15693 held in the head office of the Ministry of Transport at Wellington, and being the land shown on SO Plan 31852 and thereon marked “B”.

DLM35688

1980

Evidence Amendment Act (No 2) 1980

1: Short Title, commencement, and application 1: This Act may be cited as the Evidence Amendment Act (No 2) 1980, and shall be read together with and deemed part of the Evidence Act 1908 2: This Act shall come into force on the 1st day of January 1981. 3: This Act shall apply for the purposes of any proceeding commenced on or after the 1st day of January 1981, but shall not apply for the purposes of any proceeding commenced before that date or any appeal, review, or other proceeding relating to the determination of any such proceeding. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 1: Admissibility of hearsay evidence This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 2: Interpretation 1: In this Part of this Act, unless the context otherwise requires,— Business Business record a: Pursuant to a duty; or b: In the course of, and as a record or part of a record relating to, any business,— from information supplied directly or indirectly by any person who had, or may reasonably be supposed by the Court to have had, personal knowledge of the matters dealt with in the information he supplied Court Court: this definition was repealed 1 July 1997 17 Arbitration Act 1996 Document a: Any writing on any material: b: Any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored: c: Any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means: d: Any book, map, plan, graph, or drawing: e: Any photograph, film, negative, tape, or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced: Duty Party Proceeding Proceeding: this definition was repealed 1 July 1997 17 Arbitration Act 1996 Statement 2: For the purposes of sections 3 to 8 a: Is dead; or b: Is outside New Zealand and it is not reasonably practicable to obtain his evidence; or c: Is unfit by reason of old age or his bodily or mental condition to attend; or d: Cannot with reasonable diligence be found. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Documentary hearsay evidence 3: Admissibility of documentary hearsay evidence 1: Subject to subsection (2) sections 4 5 a: The maker of the statement had personal knowledge of the matters dealt with in the statement, and is unavailable to give evidence; or b: The document is a business record, and the person who supplied the information for the composition of the record— i: Cannot with reasonable diligence be identified; or ii: Is unavailable to give evidence; or iii: Cannot reasonably be expected (having regard to the time that has elapsed since he supplied the information and to all the other circumstances of the case) to recollect the matters dealt with in the information he supplied; or c: In civil proceedings only,— i: The maker of the statement had personal knowledge of the matters dealt with in the statement; and ii: Undue delay or expense would be caused by obtaining his evidence. 2: Nothing in subsection (1) a: Records the oral statement of any person made when the criminal proceeding was, or should reasonably have been, known by him to be contemplated; and b: Is otherwise inadmissible in the proceeding. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 4: Admissibility of previous statement by witness 1: Nothing in section 3(1)(b) 2: If the Court is of the opinion that the probative value of the previous statement outweighs or may outweigh the probative value of the witness's evidence, the previous statement shall be admitted at the conclusion of the evidence-in-chief of that witness or during his cross-examination, but not otherwise. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 5: Hearsay evidence not corroboration in certain cases For the purpose of any rule of the common law or of practice or the provisions of any Act requiring evidence to be corroborated or regulating the manner in which uncorroborated evidence is to be treated, a statement that is admissible by virtue of section 3(1)(b) This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 6: Proof of document admissible under this Part A statement in a document that is admissible as evidence under this Part of this Act may be proved by the production of— a: The original document or of the material part of the document in which the statement is contained; or b: A copy of the original document, or of the material part of the document in which the statement is contained, certified to be a true copy in such manner as the Court may approve. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Oral hearsay evidence in civil proceedings 7: Admissibility of oral hearsay evidence in civil proceedings In any civil proceeding where direct oral evidence of a fact would be admissible, any oral statement made by a person and tending to establish that fact shall be admissible as evidence of that fact if the maker of the statement had personal knowledge of the matters dealt with in the statement, and is unavailable to give evidence. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Oral hearsay evidence in criminal proceedings 8: Conditions for admissibility of oral hearsay evidence In any criminal proceeding where direct oral evidence of a fact would be admissible, any oral statement made by a person and tending to establish that fact shall be admissible as evidence of that fact, if— a: The maker of the statement had personal knowledge of the matters dealt with in the statement, and is unavailable to give evidence; and b: The statement qualifies for admission under any of sections 9 to 14 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 9: Statement against interest 1: Subject to section 8 2: In subsection (1) interest This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 10: Statement in course of duty 1: Subject to section 8 2: For the purposes of subsection (1) a: The matters dealt with in the statement relate to acts of the maker of the statement: b: The statement was made contemporaneously with the matters dealt with in it. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 11: Pedigree statement Subject to section 8 a: The statement relates to the existence or nature of family relationship or descent; and b: The maker of the statement was directly or indirectly related by birth or adoption or by or through marriage to the person whose family relationship to or descent from any other person is in issue in any proceeding; and c: The maker of the statement made it before any dispute about the matters dealt with in the statement arose. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 12: Post-testamentary statement 1: Subject to section 8 subsection (2) 2: No such statement shall be admissible to prove that the requirements of the Wills Act 1837 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 13: Statement relating to public or general rights, or Maori custom Subject to section 8 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 14: Dying statement 1: Subject to section 8 a: The maker of the statement is dead; and b: He knew or believed, or may reasonably be supposed by the Court to have known or believed, that his death was imminent; and c: He would, if he were not dead, be a competent witness for the party who wishes to adduce the statement as evidence under this section. 2: For the purpose of subsection (1) a: The maker of the statement entertained any hope of recovery: b: The statement related to the cause of its maker's injury or illness: c: The statement was complete. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Provisions of general application 15: Admissibility of oral and documentary hearsay evidence by consent In any proceeding where direct oral evidence of a fact or an opinion would be admissible, any statement, whether oral or in a document, made by a person and tending to establish that fact or opinion shall be admissible as evidence of that fact or opinion, with the consent of all the parties to the proceeding. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 16: Court may draw inference, etc For the purpose of deciding whether or not any statement is admissible as evidence under this Part of this Act, the Court may draw any reasonable inference from the circumstances in which the statement was made and, in the case of a statement in a document, from the form or contents of the document in which it is contained; and may, in deciding whether or not a person is fit to attend as a witness, act on a certificate purporting to be a certificate of a This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Section 16 amended 18 September 2004 175(1) Health Practitioners Competence Assurance Act 2003 by omitting registered See sections 178 to 227 17: Weight to be attached to hearsay evidence In determining the weight, if any, to be attached to a statement that is admissible as evidence under this Part of this Act, the Court shall have regard to all the circumstances from which any inference can reasonably be drawn relating to the accuracy or otherwise of the statement, and, in particular, to— a: The time when the statement was made in relation to the occurrence or existence of the facts or opinions stated that the statement is tendered to prove; and b: The question whether or not the maker of the statement, or any person by or through whom information was supplied to the maker of the statement, had any motive to conceal or misrepresent any fact or opinion relating to the subject-matter of the statement. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 18: Court may reject unduly prejudicial evidence Notwithstanding sections 3 to 8 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 19: Power of Court hearing appeal In an appeal from any order made by a Court or by a Judge under this Part of this Act or from any determination of a Court to admit or reject evidence under section 18 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Miscellaneous provisions 20: Savings 1: Nothing in this Part of this Act shall prejudice the admissibility of any evidence that would be admissible apart from the provisions of this Part of this Act. 2: Nothing in this Part of this Act shall render admissible any evidence that is inadmissible under any other Act. 3: Nothing in this Part of this Act shall derogate from— a: Section 10 section 11 b: The rules of the common law relating to the admissibility of evidence as to complaints: c: The rules of the common law or the provisions of any Act relating to the admissibility of confessions and admissions of the parties: d: The rules of the common law relating to evidence of character: e: The rules of the common law or the provisions of any Act relating to the reading in evidence of depositions taken at a standard committal or for the purposes of a committal hearing Section 20(3)(e) amended 29 June 2009 section 18 Summary Proceedings Amendment Act (No 2) 2008 21: Repeals 1: The following enactments are hereby repealed: a: Section 25A section 2 of the Evidence Amendment Act 1966 b: Sections 2(2) 3 4 Evidence Amendment Act 1945 c: Section 2 of the Evidence Amendment Act 1966 2: Section 2(1) Evidence Amendment Act 1945 statement This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 2: Convictions, etc, as evidence in civil proceedings This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 22: Interpretation In this Part of this Act, unless the context otherwise requires,— Court-martial Armed Forces Discipline Act 1971 Naval Discipline Act 1957 section 15 of the Navy Act 1954 Naval Discipline Act 1957 Conviction a: In relation to a Court Martial constituted under the Armed Forces Discipline Act 1971 b: In relation to a court-martial or a disciplinary court constituted under the Naval Discipline Act 1957 c: In relation to a court-martial constituted under the Armed Forces Discipline Act 1971 Conviction: in paragraph (a) the Armed Forces Discipline Act 1971 has been substituted This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 23: Conviction as evidence in civil proceeding 1: In any civil proceeding, the fact that a person has been convicted of an offence by or before any Court in New Zealand, or by a court-martial in New Zealand or elsewhere, shall be admissible as evidence for the purpose of proving that he committed that offence, where to do so is relevant to any issue in the civil proceeding. 2: This section shall apply— a: Whether the person in question was convicted of the offence before or after the commencement of this Act; and b: Whether he was convicted on a plea of guilty or otherwise; and c: Whether or not he is a party to the civil proceeding;— but no conviction shall be admissible under this section unless it is a subsisting one. 3: Where any evidence is admitted under this section,— a: Any party to the proceeding may nevertheless adduce evidence tending to prove that that person did not commit the offence of which he was convicted: b: Without prejudice to the reception of any other admissible evidence for the purpose of identifying the facts on which the conviction was based, the contents of any document that is admissible as evidence of the conviction, and the contents of the information, complaint, indictment, or charge-sheet on which the person in question was convicted, shall be admissible in evidence for the purpose of identifying those facts. 4: Nothing in this section shall limit or affect any other enactment whereby a conviction or a finding of fact in any criminal proceeding is, for the purposes of any other proceeding, made conclusive evidence of any fact. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 24: Conviction as evidence in defamation proceeding 1: In any action for defamation based on a statement made by any person to the effect that any other person has committed an offence, proof that, at the time when the statement was made, that other person had been convicted of the offence by or before any Court in New Zealand, or by any court-martial in New Zealand or elsewhere, shall, subject to subsection (2)(b) 2: This section shall apply— a: Whether the person in question was convicted of the offence before or after the commencement of this Act: b: If, but only if, the conviction was subsisting at the time when the statement in question was made. 3: Where, in any proceeding in which evidence is admitted under this section, any person is shown to have been convicted of an offence, then, without prejudice to the reception of any other admissible evidence for the purpose of identifying the facts on which the conviction was based, the contents of any document that is admissible as evidence of the conviction, and the contents of the information, complaint, indictment, or charge-sheet on which that person was convicted, shall be admissible in evidence for the purpose of identifying those facts. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 25: Finding of paternity as evidence in civil proceeding Section 8(3) Status of Children Act 1969 Domestic Proceedings Act 1968 (or an affiliation order under any corresponding former Act) This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 The Domestic Proceedings Act 1968 was repealed replaced Family Proceedings Act 1980 26: Copy of document admissible in cases under this Part Where in any civil proceeding the contents of any document are admissible as evidence under section 23 24 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 27: Proof of conviction 1: Where in any proceeding it is necessary to prove the conviction of any person of an offence, a certificate containing the substance of the conviction for the offence, purporting to be signed by the Registrar or other officer having the custody of the records of the Court by or before which the offender was convicted, shall, upon proof of the identity of the person, be sufficient evidence of the conviction without proof of the signature or official character of the person appearing to have signed the certificate. 2: The mode of proving a previous conviction authorised by this section shall be in addition to, and not in exclusion of, any other mode authorised by law. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 28: Repeals Sections 18 to 20 Statutes Amendment Act 1939 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 3: Privilege of witnesses This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 29: Communication during marriage A husband shall not be compellable in any proceeding to disclose any communication made to him by his wife during the marriage, and a wife shall not be compellable in any proceeding to disclose any communication made to her by her husband during the marriage. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 30: Evidence of non-access In any proceeding, either of two spouses may give evidence proving or tending to prove that the spouses did not have sexual relations with each other at any particular time, notwithstanding that the evidence would tend to show that any child born to the wife during the marriage was not the child of the husband. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 31: Communication to minister 1: A minister shall not disclose in any proceeding any confession made to him in his professional character, except with the consent of the person who made the confession. 2: This section shall not apply to any communication made for any criminal purpose. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 32: Disclosure in civil proceeding of communication to medical practitioner or clinical psychologist 1: Subject to subsection (2) no 2: This section shall not apply— a: In respect of any proceeding in which the sanity or testamentary capacity or other legal capacity of the patient is the matter in dispute: b: To the disclosure of any communication made to a or a clinical psychologist c: To any communication made for any criminal purpose. 3: In this section clinical psychologist a: means a psychologist who is, by his or her scope of practice, permitted to diagnose and treat persons suffering from mental and emotional problems; and b: includes any person acting in a professional character on behalf of the clinical psychologist in the course of the treatment of any patient by that psychologist medical practitioner protected communication This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Subsection (1) amended 13 November 1989 Evidence Amendment Act 1989 by substituting no registered medical practitioner and no clinical psychologist shall a registered medical practitioner shall not Subsection (1) amended 18 September 2004 175(1) Health Practitioners Competence Assurance Act 2003 by omitting registered See sections 178 to 227 Subsection (2)(b) amended 13 November 1989 Evidence Amendment Act 1989 by inserting or a clinical psychologist Subsection (2)(b) amended 18 September 2004 175(1) Health Practitioners Competence Assurance Act 2003 by omitting registered See sections 178 to 227 Subsection (3) inserted 13 November 1989 Evidence Amendment Act 1989 Subsection (3) substituted 13 November 1989 Evidence Amendment Act 1989 Subsection (3) substituted 18 September 2004 175(1) Health Practitioners Competence Assurance Act 2003 See sections 178 to 227 33: Disclosure in criminal proceeding of communication to medical practitioner or clinical psychologist 1: Subject to subsection (2) no 2: This section shall not apply to any communication made for any criminal purpose. 3: In subsection (1) protected communication a: Drug dependency; or b: Any other condition or behaviour that manifests itself in criminal conduct;— but does not include any communication made to a 4: In subsection (3) clinical psychologist a: means a psychologist who is, by his or her scope of practice, permitted to diagnose and treat persons suffering from mental and emotional problems; and b: includes any person acting in a professional character on behalf of the clinical psychologist in the course of the treatment of any patient by that psychologist drug dependency section 2(1) Misuse of Drugs Act 1975 medical practitioner This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Subsection (1) amended 13 November 1989 Evidence Amendment Act 1989 by substituting no registered medical practitioner and no clinical psychologist shall a registered medical practitioner shall not Subsection (1) amended 18 September 2004 175(1) Health Practitioners Competence Assurance Act 2003 by omitting registered See sections 178 to 227 Subsection (3) substituted 13 November 1989 Evidence Amendment Act 1989 Subsection (3) amended 18 September 2004 175(1) Health Practitioners Competence Assurance Act 2003 by omitting registered See sections 178 to 227 Subsection (4) inserted 13 November 1989 Evidence Amendment Act 1989 Subsection (4) substituted 18 September 2004 175(1) Health Practitioners Competence Assurance Act 2003 See sections 178 to 227 34: Communication to or by patent attorney, etc 1: A registered patent attorney shall not disclose in any proceeding any communication between himself and a client or any other person acting on the client's behalf made for the purpose of obtaining or giving any protected information or advice, except with the consent of the client or, if he is dead, the consent of his personal representative. 2: A person shall not disclose in any proceeding any communication between himself and another person made for the purpose of obtaining or giving any protected information or advice sought by that other person for submission to a registered patent attorney in his professional character, except with the consent of that other person, or if he is dead, the consent of his personal representative. 3: This section shall not apply to any communication made for any criminal purpose. 4: In this section protected information or advice This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 35: Discretion of Court to excuse witness from giving any particular evidence 1: In any proceeding before any Court, the Court may, in its discretion, excuse any witness (including a party) from answering any question or producing any document that he would otherwise be compellable to answer or produce, on the ground that to supply the information or produce the document would be a breach by the witness of a confidence that, having regard to the special relationship existing between him and the person from whom he obtained the information or document and to the matters specified in subsection (2) 2: In deciding any application for the exercise of its discretion under subsection (1) a: The likely significance of the evidence to the resolution of the issues to be decided in the proceeding: b: The nature of the confidence and of the special relationship between the confidant and the witness: c: The likely effect of the disclosure on the confidant or any other person. 3: An application to the Court for the exercise of its discretion under subsection (1) 4: Nothing in subsection (1) 5: In this section Court a: Any tribunal or authority constituted by or under any Act and having power to compel the attendance of witnesses; and b: Any other person acting judicially. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 35A: Limitation on professional privilege in respect of searches of solicitors' trust accounts 1: This section applies to books of account and accounting records kept— a: by a practitioner (within the meaning of the Lawyers and Conveyancers Act 2006 section 112 b: by a nominee company that— i: is subject to practice rules made by the Council of the New Zealand Law Society pursuant to section 96 ii: is operated by a barrister and solicitor or an incorporated law firm as a nominee in respect of securities and documents of title held for clients. 2: No rule of law conferring any privilege on communications of a professional character between a barrister or solicitor and his client shall prevent, limit, or affect— a: The issue of a search warrant under section 198 Summary Proceedings Act 1957 b: The giving of any evidence relating to the contents of any such document obtained pursuant to such a warrant in any criminal proceedings for any offence described in the warrant, where the warrant was issued by a District Court Judge. 3: Nothing in this section shall apply to any search warrant issued, or to any entry in any book of account or accounting record made, before the commencement of this section. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Section 35A inserted 13 March 1985 Evidence Amendment Act 1985 Section 35A(1) substituted 1 August 2008 section 348 Lawyers and Conveyancers Act 2006 36: Repeals and amendment 1: The following enactments are hereby consequentially repealed: a: Sections 6 8 b: Section 15 Evidence Amendment Act 1945 c: Section 89(1) of the Matrimonial Proceedings Act 1963 2: The Status of Children Act 1969 section 15(1) Evidence Amendment Act 1945 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 4: Taking of evidence overseas or on behalf of overseas Court This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 37: Interpretation In this Part of this Act,— Attendance order section 39 Corresponding Court a: In relation to any Court in a prescribed country, means the Court in New Zealand that is declared by the Minister of Justice, by notice in the Gazette b: In relation to a Court in New Zealand, means the Court in a prescribed country that is declared by the Minister of Justice, by notice in the Gazette Examiner a: Any Judge: b: Any Registrar or Deputy Registrar of the High Court or of a District Court: c: Any specified tribunal: Prescribed country Gazette Specified tribunal Gazette section 38(1)(d) This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 38: Powers of Minister of Justice 1: The Minister of Justice may, by notice in the Gazette a: Any State, territory, or country to be a prescribed country for the purposes of this Part of this Act: b: Any specified Court in New Zealand to be the Court that corresponds to any specified Court in any specified prescribed country: c: Any specified Court in any specified prescribed country to be the Court that corresponds with any specified Court in New Zealand: d: Any specified tribunal in New Zealand and any specified tribunal in any specified prescribed country to be tribunals to which this Part of this Act applies. 2: This Part of this Act, with any necessary modifications, shall apply to any tribunals specified in any notice given under subsection (1)(d) This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 39: Taking of evidence on request from corresponding Court of prescribed country 1: Where, by or under any Act or law of a prescribed country, provision is made for the evidence of any person that is required in connection with any proceeding to be taken otherwise than at the hearing of the proceeding by a Court, a Court in New Zealand that is a corresponding Court to the Court in the prescribed country before which the proceeding is being held may, upon receipt of a request in writing from that Court in the prescribed country, make an order for the examination of a witness or the production of any specified document by any designated person, or both for such examination and production, before an examiner named in the order at a time and place specified in the order. 2: The order shall require reasonable notice to be given by post to each party to the proceeding at his address as shown in the request of the time when and the place where the examination is to take place or the document is to be produced. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 40: Summons to witness 1: Upon service on a person of an attendance order, together with the payment or tender of a reasonable sum for expenses, the person shall attend at the time and place appointed, and shall have and be subject to the same rights and liabilities as if he were summoned before the Court by which the order was made. 2: For the purposes of subsection (1) This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 41: Examination of witness 1: Subject to any directions contained in the attendance order,— a: Any person ordered to be examined before the examiner may be cross-examined and re-examined; and b: The examination, cross-examination, and re-examination of persons before the examiner shall be conducted in the same manner as they would have been conducted before the Court that made the order. 2: The examiner may put any question to any person examined before him relating to the meaning of any answer made by that person or relating to any matter arising in the course of the examination. 3: An examiner shall have and may exercise such of the powers of the Court by which he was appointed as are necessary for the proper exercise of his functions under this Part of this Act, and may administer oaths and adjourn the examination from time to time as he thinks fit. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 42: Protection of witness 1: A person shall not be compelled by virtue of an attendance order to give any evidence that he could not be compelled to give in any proceeding in New Zealand. 2: Any person who is required by virtue of an attendance order to give any evidence may object to that requirement on the ground that, for any stated reason, he could not be compelled to give that evidence in the proceeding in the prescribed country. 3: In any case where the person who is subject to an attendance order raises such objection, the following provisions shall apply: a: The examiner shall— i: Record the nature of the evidence, and the reasons stated by the person in support of his contention that he could not be compelled to give the evidence in the proceeding in the prescribed country; and ii: Transmit that record to the corresponding Court with a request for advice on the question whether or not the person could be compelled to give the evidence in the proceeding in the prescribed country: b: The person shall be required to give the evidence before the examiner, but the examiner shall not transmit that evidence to the corresponding Court unless that Court has advised the examiner that the person could be compelled to give the evidence in the proceeding in the prescribed country. 4: Without limiting subsection (1) 5: In this section references to giving evidence include references to answering any question and to producing any document, and the reference in subsection (3) This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 43: Deposition to be signed 1: Where, pursuant to an attendance order,— a: A person has given evidence to the examiner, his deposition shall be signed by him and by the examiner, or, where the person refuses to sign or requires alterations that the examiner considers to be unjustified, the deposition shall be signed by the examiner, who shall certify that the deposition is a correct record and the reasons for it not being signed by the person: b: A document has been produced to the examiner by a person not giving evidence, the examiner shall attach to that document a certificate signed by him stating the name of that person. 2: Every deposition and document taken before or produced to the examiner pursuant to an attendance order shall be delivered by the examiner to the Court by which the order was made for transmission to the corresponding Court. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 44: Power of New Zealand Court to request corresponding Court in prescribed country to take evidence for use in New Zealand Court 1: Subject to subsection (2) 2: Such a request may be made in a criminal proceeding if, but only if,— a: Where the application is made by the accused, the Court considers it necessary or expedient in the interests of justice: b: Where the application is made by the prosecution, the accused consents. 3: Any deposition received from a corresponding Court that purports to have been signed by the deponent and the examiner or to have been certified as a correct record by the examiner may, subject to the rules of law relating to the admission of evidence, be put in as evidence at the hearing of the proceeding. 4: Any document received from a corresponding Court may, subject to the rules of law relating to the admission of evidence, be put in at the hearing as if produced at the hearing by the person who produced the document pursuant to the order of the corresponding Court. 5: A Court shall take judicial notice of the seal of a corresponding Court and of the signature of any examiner appointed by a corresponding Court. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 45: Power of New Zealand Court to transmit request to other place Where a Court in New Zealand receives a request from a corresponding Court for the examination of a witness or the production of any specified document by a person, and it appears to the New Zealand Court that the witness or person is not in New Zealand and is not proceeding to New Zealand but is in or proceeding to another country that is a prescribed country under the law of the country of the corresponding Court, the New Zealand Court— a: May transmit the request to a corresponding Court in that other prescribed country, together with such information as it or he possesses concerning the whereabouts and intended movements of the person: b: Shall give notice to the corresponding Court from which it received the request that the documents have been so transmitted. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 46: Alternative procedure for taking evidence outside New Zealand in civil proceeding in High Court 1: At any stage of any civil proceeding in the High Court where it appears necessary or expedient in the interests of justice, the High Court or a Judge may order that— a: Any person named in the order be examined upon oath, upon interrogatories or otherwise, at any place outside New Zealand before any officer of the Court, any overseas representative, or any other person named in the order by name or designation; and b: Any deposition so taken be filed in Court; and c: Any party to the proceeding be empowered to give that deposition in evidence in the proceeding, on such terms (if any) as the Court or Judge may direct. 2: In any civil proceeding in the High Court, if the Court or a Judge thinks fit, instead of making an order for the examination of a witness or person under subsection (1) 3: Letters of Request shall be transmitted to and from an overseas Court through such channels as may be prescribed by rules of Court. 4: Subsections (1) to (3) sections 37 to 45 5: Rule 177 and rules 177A to 177F of the Code of Civil Procedure (as inserted by rule 8 of the Supreme Court (Miscellaneous) Amendment Rules 1939 (SR 1939/9) section 3 of the Judicature Amendment Act 1930 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 47: Rules and regulations 1: Without limiting the power to make rules of procedure conferred by the Judicature Act 1908 , the District Courts Act 1947 Family Courts Act 1980 2: The Governor-General may, by Order in Council, make regulations fixing, and requiring the payment of, fees and expenses for or incurred in taking evidence under this Part of this Act. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 Subsection (1) amended 13 September 2002 6 Family Courts Amendment Act 2000 by substituting , the District Courts Act 1947, and the Family Courts Act 1980 and the District Courts Act 1947 See clause 2 Family Courts Amendment Act Commencement Order 2002 48: Saving Nothing in this Part of this Act shall limit or affect the power of a Court to require a witness to attend in person before the Court. This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 49: Certain provisions of principal Act not to apply to corresponding Court in prescribed country Sections 48A to 48E section 4 of the Evidence Amendment Act 1962 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 5: Proof of photographic copies of documents This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 50: Proof of photographic copies of documents 1: This subsection substituted a new subsection for subs (1) Evidence Amendment Act 1952 2: This subsection amended s 5(4A) Evidence Amendment Act 1952 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 51: Further amendments of Evidence Amendment Act 1952 1: This subsection substituted a new definition for the definition of the term document s 3 Evidence Amendment Act 1952 2: This subsection amended the definition of the term film s 3 Evidence Amendment Act 1952 3: a: This paragraph omitted the definition of the term authorised person s 3 Evidence Amendment Act 1952 b: This paragraph amended s 5(2) Evidence Amendment Act 1952 c: This paragraph repealed s 5(5) Evidence Amendment Act 1952 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 52: Repeal The Evidence Amendment Act 1973 This Act was repealed 1 August 2007 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007

DLM38559

1980

Road User Charges Amendment Act 1980

1: Short Title This Act may be cited as the Road User Charges Amendment Act 1980, and shall be read together with and deemed part of the Road User Charges Act 1977 2: Confirmation of increases in road user charges As required by section 20 Road User Charges (Rates) Order 1980 3: Confirmation of change in allocation of motor spirits duty As required by section 188A Transport Act 1962 section 28 Transport (Allocation of Motor Spirits Duty) Order 1980 4: Road user charge rates 1: 2: Section 21 subsection (1) Schedule 3 3: Section 5(1) Road User Charges Amendment Act 1979 4: The Road User Charges (Rates) Order 1980 Subsection (1) repealed 16 September 1981 4(3) Road User Charges Amendment Act 1981 5: 6: 7: 8:

DLM38540

1980

Maori Purposes Act 1980

1: Short Title and commencement 1: This Act may be cited as the Maori Purposes Act 1980. 2: This Act shall come into force on the 28th day after the date on which it receives the Governor-General's assent. 1: Amendments to Maori Affairs Act 1953 Part 1 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 2: This Part to form part of Maori Affairs Act 1953 Section 2 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 3: Constitution of Rules Committee Section 3 repealed 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 4: Advances and other assistance to Maoris Section 4 repealed 1 October 1989 section 13(2) Maori Affairs Restructuring Act 1989 5: Authorising establishment and maintenance of Kokiri Centres Section 5 repealed 1 October 1989 section 13(2) Maori Affairs Restructuring Act 1989 2: Amendment to Maori Reserved Land Act 1955 6: Surrender of leases Amendment(s) incorporated in the Act(s)

DLM59035

1982

Social Security Amendment Act 1982

1: Short Title This Act may be cited as the Social Security Amendment Act 1982 and shall be read together with and deemed part of the Social Security Act 1964 1: Monetary benefits 2: Interpretation 1: 2: The following enactments are hereby consequentially repealed: a: So much of the Schedule to the Status of Children Act 1969 b: Section 2(1) Social Security Amendment Act 1975 c: Section 2(1) (3) Social Security Amendment Act 1978 d: Section 2(2) and (3) of the Social Security Amendment Act 1979 e: Section 2 of the Social Security Amendment Act 1981 Subsection 2(1) repealed 25 July 1990 2(1) Social Security Amendment Act (No 2) 1990 1 April 1991 2(2) Social Security Amendment Act 1991 3: Section 3 repealed 30 July 1988 Social Security Amendment Act 1988 4: Section 4 repealed 30 March 1990 14(20)(b) Social Welfare (Transitional Provisions) Act 1990 5: Sections 5 to 6 repealed 1 July 1992 Social Security Amendment Act (No 5) 1991 6: Sections 5 to 6 repealed 1 July 1992 Social Security Amendment Act (No 5) 1991 7: Section 7 repealed 1 March 1991 12(2) Social Security Amendment Act 1991 8: Section 8 repealed 1 December 1990 16(2)(a) Social Security Amendment Act (No 2) 1990 9: Section 9 repealed 1 August 1991 16(2)(a) Social Security Amendment Act (No 2) 1991 10: Repealing provisions relating to television-licence-fee concessions 1: Section 69B 2: The following enactments are hereby consequentially repealed: a: Section 11 Social Security Amendment Act 1975 b: Section 18 of the Social Security Amendment Act 1976 c: Section 20 Social Security Amendment Act 1978 3: This section shall come into force on the 1st day of October 1982. 11: Disability allowance 1: 2: Subsection 11(1) repealed 12 December 1985 Social Security Amendment Act (No 2) 1985 12: Beneficiaries in hospital 1: This subsection substituted s 75 2: The following enactments are hereby consequentially repealed a: Section 24 of the Social Security Amendment Act 1976 b: Section 11 of the Social Security Amendment Act 1981 3: If a married person with no dependent children is a patient in hospital on the date of commencement of this section, section 75 13: Forfeiture of benefit during detention in a penal institution 1: This subsection substituted section 76 2: The following enactments are hereby consequentially repealed: a: Section 25 of the Social Security Amendment Act 1976 b: Section 16 Social Security Amendment Act (No 2) 14: Section 14 repealed 30 July 1988 Social Security Amendment Act 1988 15: Repealing provisions relating to termination of benefit on death 1: 2: The following enactments are hereby consequentially repealed: a: Section 4 of the Social Security Amendment Act 1967 b: Section 27 Social Security Amendment Act 1972 c: Section 13 Social Security Amendment Act 1973 d: Section 15 Social Security Amendment Act 1975 e: Section 29 of the Social Security Amendment Act 1976 f: Section 25 Social Security Amendment Act 1978 3: This section shall be deemed to have come into force on the 28th day of September 1982, and shall apply in respect of persons dying on or after that date. 4: The provisions of the principal Act shall continue to apply in respect of persons dying before the 28th day of September 1982 as if this section had not been enacted. Subsections 15(3) (4) inserted 28 September 1982 Social Security Amendment Act (No 2) 1982 16: 17: Sections 17 to 19 repealed 20 July 1983 12(2) Social Security Amendment Act 1983 18: Sections 17 to 19 repealed 20 July 1983 12(2) Social Security Amendment Act 1983 19: Sections 17 to 19 repealed 20 July 1983 12(2) Social Security Amendment Act 1983 20: Section 20 repealed 16 December 1983 13(2) Social Security Amendment Act 1983 21: Section 21 repealed 9 November 1983 14(2)(a) Social Security Amendment Act 1983 22: Section 22 repealed 12 December 1985 Social Security Amendment Act (No 2) 1985 2: Medical and hospital benefits and other related benefits 23: Section 23 repealed 1 July 1993 24(2) Health Reforms (Transitional Provisions) Act 1993 3: General provisions 24: Section 24 repealed 1 October 1986 27(4) Social Security Amendment Act 1987

DLM59711

1982

Marriage Amendment Act 1982

1: Short Title This Act may be cited as the Marriage Amendment Act 1982, and shall be read together with and deemed part of the Marriage Act 1955 2: Appointment of Registrars and Deputy Registrars 1: 2: 3: 4: Section 2 of the Marriage Amendment Act 1959 5: Every person who was, immediately before the commencement of this Act, an Acting Registrar appointed under the principal Act shall, on that commencement, be deemed to have been appointed a Registrar under the principal Act. Subsection (2) repealed 1 September 1995 96 Births, Deaths, and Marriages Registration Act 1995 Subsection (3) repealed 1 September 1995 96 Births, Deaths, and Marriages Registration Act 1995

DLM63956

1982

District Courts Amendment Act (No 2) 1982

1: Short Title and commencement 1: This Act may be cited as the District Courts Amendment Act (No 2) 1982, and shall be read together with and deemed part of the District Courts Act 1947 2: This Act shall come into force on the 28th day after the date on which it receives the Governor-General's assent. 2: Section 2 repealed 3 January 1984 District Courts Amendment Act 1983 3: Section 3 repealed 1 December 1991 District Courts Amendment Act (No 2) 1991 4: Power of Court to award interest on debts and damages 1: 2: 3: Section 62B subsection (1) 5: 6: 7:

DLM64715

1982

Reserves and Other Lands Disposal Act 1982

1: Short Title and commencement 1: This Act may be cited as the Reserves and Other Lands Disposal Act 1982. 2: This Act shall come into force on the 28th day after the date 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 Land Act 1948 section 19(1) 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 under the Land Act 1948 2: The revocation of the setting apart as State forest land of the land to which subsection (3)(j) relates shall not affect the validity of the lease entered into on 28 August 1979 on behalf of Her Majesty as lessor, and the Marlborough Forestry Corporation 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 those pieces of land situated in the North Auckland Land District, Hokianga County: i: comprising 4 570 square metres, more or less, being Lot 1, DP 34365, situated in Block XV, Maungataniwha Survey District, being all the land comprised and described in certificate of title Volume 887, folio 282 (North Auckland Registry): ii: comprising 2 858 square metres, more or less, being Section 17, Block XV, Maungataniwha Survey District, being part of the land comprised and described in Proclamation A 150529 published in the Gazette b: all those pieces of land situated in the North Auckland Land District, Bay of Islands County: i: comprising 50.1790 hectares, more or less, being Part Section 9, Block XIV, Omapere Survey District, being part of the land comprised and described in the Gazette ii: comprising 57.1365 hectares, more or less, being Section 16, Block XIV, Omapere Survey District, being part of the land comprised and described in the Gazette c: all that piece of land situated in the North Auckland Land District, Hobson County, comprising 15.1762 hectares, more or less, being Part Section 7, Block VI, Tutamoe Survey District, being part of the land comprised and described in the Gazettes d: all that piece of land situated in the Gisborne Land District, Waikohu County, comprising 62.3140 hectares, more or less, being Section 6, Block XIV, Ngatapa Survey District, being part of the land comprised and described in the Gazette e: all that piece of land situated in the Wellington Land District, Taupo County, comprising 7.1130 hectares, more or less, being Part Hautu 1B1A, situated in Block III, Omoho Survey District and Block II, Waiotaka Survey District, being part of the land comprised and described in the Gazette A f: all that piece of land situated in the Wellington Land District, Taupo County, comprising 3 211 square metres, more or less, being Part Section 5, Block XI, Puketi Survey District, being part of the land comprised and described in the Gazette A g: all that piece of land situated in the Wellington Land District, Wanganui County, comprising 3.0351 hectares (7 acres 2 roods), more or less, being Section 2, Block IV, Mangawhero Survey District, being part of the land comprised and described in the Gazette h: all those pieces of land in the Wellington Land District, Wanganui County: i: comprising 8.0376 hectares, more or less, being Lot 2, DP 46128, situated in Block X, Ikitara Survey District, being all of the land comprised and described in certificate of title Volume 21C, folio 294 (Wellington Registry): ii: comprising 4.4354 hectares, more or less, being Lot 3, DP 46128, situated in Block X, Ikitara Survey District, being all of the land comprised and described in certificate of title Volume 21C, folio 295 (Wellington Registry): i: all that piece of land in the Marlborough Land District, Marlborough County, comprising 50.9904 hectares, more or less, being Section 16, Block XII, Arapawa Survey District, being part of the land comprised and described in the Gazette j: all those pieces of land situated in the Marlborough Land District, Marlborough County: i: comprising 138.1500 hectares, more or less (previously gazetted as 137.9978 hectares), being Section 6, Block XVI, Linkwater Survey District, being part of the land comprised and described in the Gazette ii: comprising 388.4980 hectares, more or less (previously gazetted as 388.4982 hectares), being Section 9 (formerly described as State forest), Block XVI, Linkwater Survey District, being part of the land comprised and described in the Gazette iii: comprising 640.7000 hectares, more or less, being Run 65, situated in Block XVI, Linkwater Survey District and Block IV, Cloudy Bay Survey District, being all the land comprised and described in certificate of title Volume 3B, folio 1183 (Marlborough Registry) (SO Plan 5663); part of the land being subject to Lease 96110 to the Marlborough Forestry Corporation: k: all those pieces of land situated in the Nelson Land District, Buller County: i: comprising 16.6606 hectares, more or less, being Part Section 14, Block I, Otumahana Survey District, being part of the land comprised and described in the Gazette A ii: comprising 5.0654 hectares, more or less, being Part Section 28, Block I, Otumahana Survey District, being part of the land comprised and described in the Gazette B iii: comprising 3.2558 hectares, more or less, being Part Section 28, Block I, Otumahana Survey District, being part of the land comprised and described in the Gazette C iv: comprising 7 786 square metres, more or less, being Part Section 28, Block I, Otumahana Survey District, being part of the land comprised and described in the Gazette D v: comprising 1 262 square metres, more or less, being Part Section 28, Block I, Otumahana Survey District, being part of the land comprised and described in the Gazette E vi: comprising 401 square metres, more or less, being Part Section 28, Block I, Otumahana Survey District, being part of the land comprised and described in the Gazette F l: all that piece of land in the Westland Land District, Grey County, comprising 3.9950 hectares, more or less, being Part Reserve 1593, situated in Block XII, Waiwhero Survey District, being part of the land comprised and described in the Gazette B m: all that piece of land in the Westland Land District, Grey County, comprising 65.3100 hectares, more or less, being Rural Sections 6255 and 6257 (formerly Part Reserve 1594), situated in Block IX, Mawheraiti Survey District, being part of the land comprised and described in the Gazettes n: all that piece of land in the Westland Land District, Grey County, comprising 32.3100 hectares, more or less, being Rural Sections 6249, 6250, and 6251 (formerly Part Reserve 1807), situated in Block VI, Lewis Survey District, being part of the land comprised and described in the Gazette o: all that piece of land in the Westland Land District, Grey County, comprising 15.1430 hectares, more or less, being Rural Section 6285 (formerly Part Reserve 1701), situated in Block XIV, Mawheranui Survey District, being part of the land comprised and described in the Gazette p: all those pieces of land situated in the Westland Land District, Grey County: i: comprising 4.2377 hectares, more or less, being Rural Section 6179 (formerly Part Reserve 1660), situated in Blocks I and II, Kopara Survey District, being part of the land comprised and described in the Gazette ii: comprising 6.4105 hectares, more or less, being Rural Section 6181 (formerly Part Reserve 1660), situated in Blocks I and II, Kopara Survey District, being part of the land comprised and described in the Gazette q: all that piece of land in the Westland Land District, Grey County, comprising 332.1761 hectares, more or less, being Part Reserve 1758, situated in Blocks V and IX, Kopara Survey District, being all the land comprised and described in the Gazette r: all that piece of land in the Westland Land District, Grey County, comprising 5.2360 hectares, more or less, being Part Reserve 1605, situated in Block VII, Hohonu Survey District, being part of the land comprised and described in the Gazette A s: all that piece of land situated in the Southland Land District, Wallace County, comprising 1250 hectares, more or less, being Section 1, Block XI, Te Anau Survey District, being part of the land comprised and described in the Gazettes t: all that piece of land situated in the Southland Land District, Southland County, comprising 342 hectares, more or less, situated in Blocks IX, XII, and XXXIV, Eyre Survey District, being part of the land comprised and described in the Gazettes A u: all those pieces of land situated in the Southland Land District, Wallace County: i: comprising 30.1944 hectares, more or less, being Lot 1, Land Transfer Plan 10494, situated in Block XIV, Lillburn Survey District, being part of the land comprised and described in the Gazette ii: comprising 10.9685 hectares, more or less, being Lots 2 and 4, Land Transfer Plan 10495, situated in Block XIV, Lillburn Survey District, being part of the land comprised and described in the Gazette iii: comprising 6.9671 hectares, more or less, being Lot 6, Land Transfer Plan 10495, situated in Blocks VII and XIV, Lillburn Survey District, being part of the land comprised and described in the Gazette 3: Kaitaia drainage area Section 3 repealed 29 June 1988 Rating Powers Act 1988 4: Northland Harbour Board endowment land Whereas the land to which this section relates is held by the Northland Harbour Board in trust, without power of sale, as a harbour endowment: And whereas it is desired to vest the land in the Crown as a recreation reserve: Be it therefore enacted as follows: 1: The land to which this section relates is hereby vested in Her Majesty as a recreation reserve subject to the Reserves Act 1977 2: This section relates to all that piece of land in the North Auckland Land District, Bay of Islands County, comprising 650 square metres, more or less, being part land in Deposited Plan 18043, situated in Block I, Russell Survey District, being part of the land comprised and described in certificate of title Volume 399, folio 139 (North Auckland Registry) (shown marked A 5: Customhouse, Auckland Whereas the land to which this section relates is Crown land held under the Land Act 1948 the reserve Reserves Act 1977 1: The land to which this section relates is hereby declared to be vested in Her Majesty as a historic reserve subject to the Reserves Act 1977 2: Section 3 3: This section relates to all that piece of land situated in the North Auckland Land District, Auckland City, comprising 32 square metres, more or less, being Allotment 31 of Section 17, City of Auckland (formerly Part Allotment 16, Section 17, City of Auckland), situated in Block VIII, Rangitoto Survey District (SO Plan 56630). 6: Ngati Whakaue Endowment Section 6 repealed 24 May 1989 section 7(2) Reserves and Other Lands Disposal Act 1989 7: Marlborough Sounds foreshore Whereas section 17 section 17 1: The Minister of Conservation Gazette Reserves Act 1977 2: The Minister of Conservation 3: Notwithstanding anything in the Local Government Act 1974 Reserves Act 1977 Conservation 4: Notwithstanding any declaration under subsection (1), the right of the owner of any adjoining land to use any such reserve for access purposes shall enure, except in the case of land held under a licence granted under subsection (7) to some person other than that adjoining owner. 5: Access by, through, or over any land declared to be a reserve under subsection (1) that was formerly Government road or public road is hereby deemed to be access to an existing road for the purposes of section 321 6: Notwithstanding the declaration of any land as a reserve under subsection (1), the right is reserved to the public at all times and from time to time to use any such land (other than land subject to a licence under this section) for access purposes. 6A: Where a declaration is made under subsection (1) on or after the commencement of this subsection, the land to which the declaration applies shall be deemed to be classified under the Reserves Act 1977 7: Notwithstanding anything to the contrary in the Reserves Act 1977 or the Conservation Act 1987 Conservation a: the term of any such licence shall not exceed 33 years where the land or any part thereof is used as building sites in connection with any bona fide farming operations, and those operations are carried on in conjunction with the farming of adjoining or adjacent lands: b: in any other case the term of the licence shall not exceed 10 years: c: any licence under this subsection may be issued with or without right of renewal, perpetual or otherwise (but with no right of acquiring the fee simple), at such rent and on such terms and conditions as the Minister thinks fit; including the power at any time when the public interest requires it, to cancel the licence without payment of compensation, but reserving the right to the lessee to remove within a specified time any improvements existing on the land comprised in the licence: d: any such licence may give exclusive occupation of the land comprised therein; but in granting any such licence the Minister shall ensure that a sufficient portion of the reserve is excluded from the licence for public access: e: all money received by way of rent from the granting of any such licence shall be paid and applied in accordance with section 78(1) 8: 9: 10: Where the licensee under any licence granted under subsection (7) is the owner of any adjoining land, any sale of that adjoining land shall be deemed to include the sale of any licence issued under this section; and the licence shall not be capable of being transferred, sublet, or otherwise disposed of other than with the adjoining land. 11: On any sale, subletting, or other disposition referred to in subsection (10), the consideration passing thereunder may include the value of all improvements owned by the licensee under the licence. 12: Amendment(s) incorporated in the Act(s) 13: Notwithstanding the repeal of section 17 14: The lands to which this section relates are those in the categories (a) to (d) set out in this subsection adjacent to the foreshore of the sea in Tasman Bay, the Marlborough Sounds, and Cook Strait from a point commencing at the southern corner of Section 16, Block VIII, Whangamoa Survey District, in the Nelson Land District, to the northern boundary of the Wairau Harbour Board endowment in Block IV, Cloudy Bay Survey District, Marlborough Land District; and includes all islets and islands adjacent thereto within New Zealand territorial waters, including D'Urville Island. The categories referred to in this subsection are: a: public roads: b: government roads: c: land reserved from sale under section 58 d: reserves. Section 7(1) amended 12 March 1993 section 6(1) Reserves and Other Lands Disposal Act 1993 Section 7(1) amended 12 March 1993 section 6(2) Reserves and Other Lands Disposal Act 1993 Section 7(2) amended 12 March 1993 section 6(1) Reserves and Other Lands Disposal Act 1993 Section 7(3) amended 12 March 1993 section 6(1) Reserves and Other Lands Disposal Act 1993 Section 7(6A) inserted 12 March 1993 section 6(3) Reserves and Other Lands Disposal Act 1993 Section 7(7) amended 12 March 1993 section 6(1) Reserves and Other Lands Disposal Act 1993 Section 7(7) amended 12 March 1993 section 6(4) Reserves and Other Lands Disposal Act 1993 Section 7(8) repealed 12 March 1993 section 6(5) Reserves and Other Lands Disposal Act 1993 Section 7(9) repealed 12 March 1993 section 6(5) Reserves and Other Lands Disposal Act 1993 8: Cloudy Bay Whereas the land referred to in subsection (8)(a) was proclaimed to be public road by Proclamation published in the Gazette 1: The road status of the land referred to in subsection (8)(a) is hereby deemed to have been cancelled on 1 October 1905, and the land is hereby deemed to have been Crown land on that date. 2: The validity of any disposition of any land, and the validity of any certificate of title issued in respect of any land is hereby deemed to be unaffected by the inclusion of any land referred to in subsection (8)(a) in that disposition or certificate of title, and the inclusion of any such land is hereby deemed to have been as valid as it would have been if the land had not had road status when it was so included. 3: The land referred to in subsection (8)(b) is hereby deemed to be legal roads within the meaning of section 121 4: The land referred to in subsection (8)(c) is hereby deemed to have been Crown land on and after 12 September 1905 until such time as that status was purported to be removed by the disposal of the land under section 117 of the Land Act 1892 5: The validity of any disposition of any land, and the validity of any certificate of title issued in respect of any land is hereby deemed to be unaffected by the inclusion of any land referred to in subsection (8)(c) in that disposition or certificate of title, and the inclusion of that land is hereby deemed to have been as valid as it would have been if that land had the status of Crown land when first disposed of after 12 September 1905, and ceased to have that status as a consequence of that disposition. 6: The land referred to in subsection (8)(d) is hereby deemed to have ceased to be Crown land on 5 June 1923. 7: The validity of any disposition of any land and the validity of any certificate of title issued in respect of any land is hereby deemed to be unaffected by the inclusion of any land referred to in subsection (8)(d) in that disposition or certificate of title, and the inclusion of any such land is hereby deemed to have been as valid as it would have been if the land ceased to be Crown land in accordance with subsection (6). 8: This section applies to all those areas of land in the Marlborough Land District, Marlborough County, situated in Block XVII, Cloudy Bay Survey District, and— a: shown marked A B C D E F G b: shown marked H I c: shown marked J K d: shown marked L M N O which plan is lodged in the office of the Chief Surveyor at Blenheim. 9: Ward Whereas the land to which this section relates was laid off as road in 1905 under section 65(1) of the Lands for Settlements Consolidation Act 1900 1: The laying off as roads of the land to which this section relates is hereby deemed to have been cancelled on 1 May 1906, and the land is hereby deemed to have been Crown land on that date. 2: The validity of any disposition or reservation of any land, and the validity of any certificate of title issued in respect of any land is hereby deemed to be unaffected by the inclusion of any land to which this section relates in that disposition, reservation, or certificate of title, and the inclusion of any such land is hereby deemed to have been as valid as it would have been if the land had been Crown land without road status when disposed of or reserved by the Crown. 3: This section relates to all those pieces of land in the Marlborough Land District, Marlborough County, situated in Block  IX, Cape Campbell Survey District, and shown marked A F 10: Kincaid Run Whereas the land to which this section relates was taken for public roads by notice under section 87 of the Marlborough Waste Lands Act 1867 Gazette 1: The taking of the land to which this section relates is hereby deemed to have been cancelled on 1 August 1896, and the land is hereby deemed to have been Crown land on that date. 2: The validity of any disposition or reservation of any land, and the validity of any certificate of title issued in respect of any land is hereby deemed to be unaffected by the inclusion of any land to which this section relates in that disposition, reservation, or certificate of title, and the inclusion of any such land is hereby deemed to have been as valid as it would have been if the land had been Crown land without road status when disposed of or reserved by the Crown. 3: This section relates to all those pieces of land in the Marlborough Land District, Kaikoura County, situated in Block V, Mt Fyffe Survey District, and shown marked A B 11: Hapuku River Whereas the land referred to in subsection (7)(a) was taken and laid off as road by notice in the Gazette Marlborough Provincial Gazette 1: The taking and laying off as roads of the land to which subsection (7)(a) refers is hereby deemed to have been cancelled on 19 May 1914, and the land is hereby deemed to have been Crown land on that date. 2: The validity of any disposition of any land, and the validity of any certificate of title issued in respect of any land, is hereby deemed to be unaffected by the inclusion of any land to which subsection (7)(a) relates in that disposition or certificate of title, and the inclusion of any such land is hereby deemed to have been as valid as it would have been if the land had been Crown land without road status when first disposed of by the Crown. 3: The setting apart as a reserve (resting place for stock) of the land to which subsection (7)(b) refers is hereby deemed to have been revoked on 19 May 1914, and the land is hereby deemed to have been Crown land on that date. 4: The validity of any disposition of any land, and the validity of any certificate of title issued in respect of any land, is hereby deemed to be unaffected by the inclusion of any land to which subsection (7)(b) relates in that disposition or certificate of title, and the inclusion of any such land is hereby deemed to have been as valid as it would have been if the land had been Crown land without reserve status when first disposed of by the Crown. 5: The land referred to in subsection (7)(b) that is shown marked I J Q R section 121 6: The following Proclamations are hereby deemed to be as valid as they would have been if such of the land to which they relate as is referred to in this section had the status conferred upon it by this section: a: a Proclamation published in the Gazette C b: a Proclamation published in the Gazette G P c: a Proclamation published in the Gazette A M O d: a Proclamation published in the Gazette E N 7: This section relates to all those pieces of land in the Marlborough Land District, Kaikoura County, situated in Block V, Mt Fyffe Survey District, and— a: shown marked A H b: shown marked I U which plan is lodged in the office of the Chief Surveyor at Blenheim. 12: Greenburn Whereas the land referred to in subsection (5)(a) was deemed to be road by Crown grant during the years 1864 to 1869 and is legal road: And whereas that land was included in various subsequent dispositions, reservations, and certificates of title without the roads being closed: And whereas it is desired to remove the road status of that land with effect on and from 27 July 1887: And whereas it is desired to provide that the validity of any disposition, reservation, or certificate of title of or relating to any land in which any land referred to in subsection (5)(a) is comprised is not to be affected by the inclusion in that disposition or reservation of any land that had road status: And whereas the land referred to in subsection (5)(b) is land on which roads have been formed and are in use: And whereas it is desired to declare that that land has the status of legal road and has had that status with effect on and from 27 July 1887: And whereas the land referred to in subsection (5)(c) was, by Proclamation, proclaimed to be closed road and to be vested in Margaret Helen Rickman: And whereas the land was not road at the time when the Proclamation was made: And whereas it is desired to provide that the vesting of the land in Margaret Helen Rickman is valid notwithstanding that the land was not road and could not be proclaimed to be closed road: Be it therefore enacted as follows: 1: The setting apart as roads of the land to which subsection (5)(a) refers is hereby deemed to have been cancelled on 27 July 1887. 2: The validity of any disposition or reservation of any land, and the validity of any certificate of title issued in respect of any land, is hereby deemed to be unaffected by the inclusion of any land to which subsection (5)(a) relates in that disposition, reservation, or certificate of title, and the inclusion of any such land is hereby deemed to have been as valid as it would have been if the land had not had road status when it was so included. 3: The land referred to in subsection (5)(b) is hereby deemed to be road within the meaning of section 121 4: It is hereby declared that the Proclamation relating to the land referred to in subsection (5)(c) and published in the Gazette 5: This section relates to all those pieces of land in the Marlborough Land District, Kaikoura County, situated in Block VI, Mt Fyffe Survey District, and Blocks I, II, III, IV, XII, and XIII, Greenburn Survey District, and a: shown marked A T b: shown marked AA AN c: shown marked BG which plan is lodged in the office of the Chief Surveyor at Blenheim. 13: Westland-Grey Coal Reserve Whereas the Westland-Grey Coal Reserve (in this section called the Reserve section 4 Public Works Act 1981 Land Act 1948 section 169 Gazette section 63 section 169(3) Greymouth Harbour Board Act 1884 Amendment Act 1902 Land Act 1948 section 63 section 169 section 169 section 40 section 4 Greymouth Harbour Board Empowering Act 1894 1: Subject to subsections (2) and (3), the land referred to in subsection (16) is hereby vested in the Greymouth Harbour Board. 1A: Land referred to in subsection (16) may not be sold without the prior written consent of the Minister of Local Government, and the Minister may give that consent unconditionally or subject to such conditions as the Minister thinks fit. 1B: 1C: 2: Section 8 of the Mining Act 1971 section 5 of the Coal Mines Act 1979 3: The Greymouth Harbour Board may apply the money arising from the sale, or lease, or other occupation or use of any land referred to in subsection (16) towards the payment of its liabilities to the Crown or any other person, 4: The Warrant issued under section 169 Gazette 5: It is hereby confirmed that the Land Settlement Board had the power to grant leases RLU 333 and RLU 335 issued under section 63 6: All rents payable under lease RLU 335 shall, after deducting the cost of collection, be paid by the Land Settlement Board to the Greymouth Harbour Board; and if the lessee exercises his right to acquire the fee simple interest in the leased land, the net proceeds of the sale shall be paid by the Land Settlement Board to Greymouth Harbour Board. 7: It is hereby confirmed that the land referred to in subsection (18) is Crown land held by Her Majesty subject to the Land Act 1948 8: It is hereby confirmed that the validity of deferred payment licences DPU 150 and DPU 166 issued in respect of the land referred to in paragraphs (a) and (b) of subsection (18) is unaffected by any defect in the validity of or lack of effect of any transaction between the Land Settlement Board and the Greymouth Harbour Board relating to the purported purchase of that land under section 40 9: Amendment(s) incorporated in the Act(s) 10: 11: Amendment(s) incorporated in the Act(s) 12: Notwithstanding the amendment made by subsection (11), the Greymouth Harbour Board shall continue to have and may exercise the powers conferred by the Greymouth Harbour Board Act 1884 Amendment Act 1902 the said lands 13: Amendment(s) incorporated in the Act(s) 14: 15: The Greymouth Harbour Board Empowering Act 1894 16: Subsection (1) applies to all those pieces of land in the Westland Land District, Grey County,— i: comprising 1576.2980 hectares, more or less, being Rural Sections 4585, 5049, 5704, 5705, 6297 to 6300, and 6314 to 6319, and Part Rural Section 5048, situated in Blocks IX, X, and XI, Arnold Survey District, and comprised in Deeds Index Ms/274 (shown bordered with a bold black line on Sheet 1 of SO Plan 10570): ii: 95.1429 hectares, more or less, being Sections 1 to 8, 11, and 13 to 66, Dobson Suburban, and Rural Sections 5703, and 6292 to 6296, situated in Blocks IX, X, and XI, Arnold Survey District, and comprised in Deeds Index Ms/274 (shown bordered with a bold black line on Sheet 2 of SO Plan 10570): iii: 22.3260 hectares, more or less, being Sections 1 to 5, 28 to 36, 86 to 90, 97 to 101, 140 to 165, 168, 171, 172, 176 to 181, 183, 185 to 201, 204 to 217, 228 to 235, 248 to 266, 273, 274, 282 to 286, 288 to 304, 329 to 353, 404 to 408, 453, and 466 to 475, Town of Dobson, situated in Blocks IX, X, and XI, Arnold Survey District, and comprised in Deeds Index Ms/274 (shown bordered with a bold black line on Sheet 3 of SO Plan 10570): iv: 24.0041 hectares, more or less, being Sections 6 to 14, 16, 18, 19, 21, 23 to 27, 37 to 43, 45 to 85, 91 to 96, 102 to 107, 109 to 138, 354 to 362, 370 to 383, 391 to 403, 409 to 445, and 456 to 465, Town of Dobson, situated in Blocks IX, X, and XI, Arnold Survey District, and comprised in Deeds Index Ms/274 (shown bordered with a bold black line on Sheet 4 of SO Plan 10570): v: 45.9319 hectares, more or less, being Rural Sections 631, 632, 736 to 741, 6301 to 6310, 6312, and 6313, situated in Blocks IX, X, and XI, Arnold Survey District, and comprised in Deeds Index Ms/274 (shown bordered with a bold black line on Sheet 5 of SO Plan 10570): 17: Subsection (4) relates to all those pieces of land in the Westland Land District, Grey County: a: comprising 1 011 square metres, more or less, being Section 22, Town of Dobson, situated in Block X, Arnold Survey District, subject to RLU 333, Volume 3C, folio 346 (Westland Registry): b: comprising 1 011 square metres, more or less, being Section 182, Town of Dobson, situated in Block X, Arnold Survey District, subject to RLU 335, Volume 3C, folio 501 (Westland Registry). 18: Subsection (7) relates to all those pieces of land in the Westland Land District, Grey County: a: comprising 1 012 square metres, more or less, being Section 17, Town of Dobson, situated in Block X, Arnold Survey District, subject to DPU 150, Volume 3D, folio 1476 (Westland Registry): b: comprising 1 012 square metres, more or less, being Section 20, Town of Dobson, situated in Block X, Arnold Survey District, subject to DPU 166, Volume 3D, folio 1477 (Westland Registry): c: comprising 1 012 square metres, more or less, being Section 108, Town of Dobson, situated in Block X, Arnold Survey District and shown on Sheet 4 of SO Plan 10570: d: comprising 1 012 square metres, more or less, being Section 184, Town of Dobson, situated in Block X, Arnold Survey District and shown on Sheet 3 of SO Plan 10570. Section 13(1A) substituted 29 April 1999 section 11 Local Government Amendment Act (No 2) 1999 Section 13(1B) repealed 29 April 1999 section 11 Local Government Amendment Act (No 2) 1999 Section 13(1C) repealed 29 April 1999 section 11 Local Government Amendment Act (No 2) 1999 Section 13(3) amended 1 May 1988 Harbours Amendment Act (No 2) 1988 Section 13(10) repealed 3 October 1991 section 15(c) Harbour Boards Dry Land Endowment Revesting Act 1991 Section 13(14) repealed 1 April 1993 section 62(1) Health and Safety in Employment Act 1992 14: Arthur's Pass National Park Whereas the land to which this section relates is included in the Arthur's Pass National Park: And whereas the land is being farmed and does not meet the criteria established for National Park status: And whereas the exclusion of the land from the National Park will result in a better boundary for the Park: And whereas it is desired to exclude the land from the National Park for those reasons: And whereas section 11(1) 1: The land to which this section relates is hereby excluded from the Arthur's Pass National Park. 2: This section relates to all that piece of land in the Westland Land District, Westland County, comprising 6 908 square metres, more or less, being Rural Section 6114 (formerly Part Rural Section 5578) situated in Block VII, Otira Survey District (SO Plan 10415). 15: Westland National Park Whereas the land to which this section relates is included in the Westland National Park: And whereas the land is being farmed and 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 11(1) 1: The land to which this section relates is hereby excluded from the Westland National Park. 2: This section relates to all those pieces of land in the Westland Land District, Westland County, comprising 8.5970 hectares, more or less, being Rural Sections 6328 and 6330 (formerly Part Reserve 1461), situated in Blocks X and XI, Waiho Survey District (SO Plan 10572). 16: 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.

DLM58287

1982

District Courts Amendment Act 1982

1: Short Title This Act may be cited as the District Courts Amendment Act 1982, and shall be read together with and deemed part of the District Courts Act 1947 2: Interpretation In this Act the term Court 3: District Court at Henderson 1: The Borough of Henderson shall be deemed to have been appointed by the Governor-General pursuant to subsections (1) (2) 2: Nothing done in any Court at any time after the 22nd day of May 1977 and before the passing of this Act shall be held a nullity or otherwise invalid merely because, at the time it was done, the Borough of Henderson had not been appointed by the Governor-General under subsection (1) (2) 4: Children and Young Persons Court at Henderson 1: The Governor-General shall be deemed to have established pursuant to section 20 of the Children and Young Persons Act 1974 2: Nothing done in any Court at any time after the 22nd day of May 1977 and before the passing of this Act shall be held a nullity or otherwise invalid merely because, at the time it was done, a Children and Young Persons Court had not been duly established at Henderson. 5: Sections 5 to 6 repealed 1 March 1989 82(1)(c) Disputes Tribunal Act 1988 6: Sections 5 to 6 repealed 1 March 1989 82(1)(c) Disputes Tribunal Act 1988 7: Matters called before District Court at Henderson on certain dates deemed to be duly adjourned Every matter that was called before a District Court Judge at Henderson— a: On the 2nd day of August 1982 shall be deemed to have been duly adjourned to the 16th day of August 1982: b: On the 3rd day of August 1982 shall be deemed to have been duly adjourned to the 20th day of August 1982. 8: Criminal Justice Act 1985 affected The provisions of this Act shall have effect in all cases notwithstanding anything in section 4 Criminal Justice Act 1985 Section 4 substituted

DLM63913

1982

Maori Purposes Act 1982

1: Short Title This Act may be cited as the Maori Purposes Act 1982. 1: Amendments of Maori Affairs Act 1953 2: This Part, and Schedule, to form part of Maori Affairs Act 1953 Section 2 repealed 1 July 1993 362(2) Te Ture Whenua Maori/Maori Land Act 1993 3: Interpretation Section 3 repealed 1 July 1993 362(2) Te Ture Whenua Maori/Maori Land Act 1993 4: Maori Land Board renamed and membership altered Section 4 repealed 1 July 1993 362(2) Te Ture Whenua Maori/Maori Land Act 1993 5: Abolition of Commissioners of the Court Section 5 repealed 1 July 1993 362(2) Te Ture Whenua Maori/Maori Land Act 1993 6: General jurisdiction of Court Section 6 repealed 1 July 1993 362(2) Te Ture Whenua Maori/Maori Land Act 1993 7: Proceeds of alienation to be paid to Maori Trustee Section 7 repealed 1 July 1993 362(2) Te Ture Whenua Maori/Maori Land Act 1993 8: Court may consider proposals for Maori reservations Section 8 repealed 1 July 1993 362(2) Te Ture Whenua Maori/Maori Land Act 1993 9: Court may issue declaratory consolidated order in substitution for orders creating title to Maori land Section 9 repealed 1 July 1993 362(2) Te Ture Whenua Maori/Maori Land Act 1993 10: Advances to Maori occupiers of land that is not subject to Part 24 Section 10 repealed 1 July 1993 362(2) Te Ture Whenua Maori/Maori Land Act 1993 11: Board may establish and maintain hostels Section 11 repealed 1 July 1993 362(2) Te Ture Whenua Maori/Maori Land Act 1993 12: Vesting shares of deceased shareholder without requiring probate or letters of administration Section 12 repealed 1 July 1993 362(2) Te Ture Whenua Maori/Maori Land Act 1993 13: Court may vest Maori land in successors without grant of administration Section 13 repealed 1 July 1993 362(2) Te Ture Whenua Maori/Maori Land Act 1993 2: Amendments of Maori Trustee Act 1953 14: This Part to form part of Maori Trustee Act 1953 This Part of this Act shall be read together with and deemed part of the Maori Trustee Act 1953 15: Power of Maori Trustee to elect to administer small estates without grant of administration 1: Section 12A section 148(1) of the Maori Affairs Amendment Act 1967 a: By omitting from subsection (1) $15,000 section 3(1)(a) Maori Purposes Act 1978 $40,000 b: By omitting from subsection (6) $20,000 section 3(1)(b) Maori Purposes Act 1978 $60,000 2: Section 3(1) Maori Purposes Act 1978 16: Elections in respect of unadministered balance of an estate 1: Section 12B section 148(1) of the Maori Affairs Amendment Act 1967 a: By omitting from subsection (1) $15,000 section 3(2)(a) Maori Purposes Act 1978 $40,000 b: By omitting from subsection (3) $20,000 section 3(2)(b) Maori Purposes Act 1978 $60,000 2: Section 3(2) Maori Purposes Act 1978 17: Maori Trustee's Account 1: Section 17 of the principal Act subsection (1) 1: There shall continue to be an account to be called the Maori Trustee's Account, which shall be kept at such bank or banks approved by the Minister of Finance, or at any branches or agencies of any such bank or banks, as the Maori Trustee may from time to time think fit. 2: Sections 18 and 20 of the principal Act 3: Section 21(1) of the principal Act or on any branch account 4: The following enactments are hereby repealed: a: Section 12(c) Maori Purposes Act 1966 b: Section 18(1) Maori Purposes Act (No 2) 1973 18: Other accounts The principal Act is hereby amended by repealing section 22 22: 1: The Maori Trustee may, as and when he thinks fit to do so, open and keep at any bank or banks approved by the Minister of Finance, or at any branches or agencies of any such bank or banks, such other accounts (including imprest and subsidiary accounts) as he considers necessary or desirable for the exercise of his functions and powers. 2: Sections 19 and 21 of this Act 19: Maori Trustee may borrow money 1: The principal Act is hereby amended by repealing section 24A section 2 of the Maori Trustee Amendment Act 1962 24A: 1: The Maori Trustee may from time to time, with the prior approval of the Minister, borrow money (whether by way of overdraft or otherwise), and may pledge any securities held by him in respect of the investments of the Common Fund or the General Purposes Fund. 2: Where accommodation by way of overdraft is approved under this section in any financial year of the Maori Trust Office, the Maori Trustee's Account, or any other account kept by the Maori Trustee pursuant to section 22 of this Act 2: The following enactments are hereby repealed: a: Section 2 of the Maori Trustee Amendment Act 1962 b: Section 4 Maori Purposes Act 1978 20: Maori Trustee may apply money in General Purposes Fund for purposes of property vested in or controlled by him Section 38(1) of the principal Act $2,000 section 7 Maori Purposes Act 1971 $5,000

DLM64784

1982

Official Information Act 1982

1: Short Title and commencement 1: This Act may be cited as the Official Information Act 1982. 2: Except as provided in subsection (3), this Act shall come into force on 1 July 1983. 3: This section, and Part 6 Schedule 2 2: Interpretation 1: In this Act, unless the context otherwise requires,— department Part 1 document a: any writing on any material: b: any information recorded or stored by means of any tape-recorder, computer, or other device; and any material subsequently derived from information so recorded or stored: c: any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means: d: any book, map, plan, graph, or drawing: e: any photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced Independent Monitor of the Oranga Tamariki System section 8(1) international organisation local authority Schedule 1 member a: where the organisation is a company or corporation, a director; and b: where the organisation is a trust, a trustee; and c: any temporary, acting, or alternative member of the organisation Minister of the Crown official information a: means any information held by— i: a public service agency ii: a Minister of the Crown in his official capacity; or iii: an organisation; and b: includes any information held outside New Zealand by any branch or post of— i: a public service agency ii: an organisation; and c: in relation to information held by the Ministry of Justice section 155 d: in relation to information held by a university (including Lincoln University i: the Council of the university; or ii: the Senate, Academic Board, or Professorial Board of the university; or iii: any member of the academic staff of the university; or iv: any other officer or employee of the university; or v: any examiner, assessor, or moderator in any subject or examination taught or conducted by the university; but e: does not include information contained in— i: library or museum material made or acquired and preserved solely for reference or exhibition purposes; or ii: material placed in the National Library of New Zealand Te Puna Mātauranga o Aotearoa public service agencies ; or iii: any oral history provided to the National Library of New Zealand Te Puna Mātauranga o Aotearoa in accordance with section 10 f: does not include any information which is held by a public service agency public service agency g: does not include any information held by Public Trust or the Māori Trustee— i: in their capacity as trustee within the meaning of the Trusts Act 2019 ii: in any other fiduciary capacity; and h: does not include evidence given or submissions made to— i: a Royal Commission; or ii: a commission of inquiry appointed by an Order in Council made under the Commissions of Inquiry Act 1908 iii: a commission of inquiry or board of inquiry or court of inquiry or committee of inquiry appointed, pursuant to, and not by, any provision of an Act, to inquire into a specified matter ; and ha: does not include— i: any matter subject to an order under section 15(1)(a) ii: documents referred to in section 32(2)(b) i: subject to paragraph (ia), public service agency Ombudsmen Act 1975 ; and ia: does not include information contained in any correspondence or communication that has taken place between an Ombudsman and any public service agency, Minister of the Crown, or organisation and that relates to— i: an agency delivering services or support to children and young people through the Oranga Tamariki system and the performance or potential performance of functions under the Ombudsmen Act 1975 ii: the provision of guidance by an Ombudsman under section 40 ib: does not include information provided by an Ombudsman to the Independent Monitor of the Oranga Tamariki System under section 51 j: does not include information contained in any correspondence or communication that has taken place between the office of the Privacy Commissioner and any public service agency Privacy Act 2020 k: does not include information contained in a victim impact statement (as defined in section 17AA l: does not include any evidence, submissions, or other information given or made to— i: the Judicial Conduct Commissioner, the Deputy Judicial Conduct Commissioner, Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 ii: the Judicial Complaints Lay Observer; and m: does not include information provided to the Government Statistician solely for research by or on behalf of an individual or an organisation (as defined in section 6 Ombudsmen Ombudsmen Act 1975 Oranga Tamariki system section 9 organisation a: an organisation named in Part 2 b: an organisation named in Schedule 1 permanent resident of New Zealand a: resides in New Zealand; and b: is not— i: a person to whom section 15 16 section 17 ii: a person obliged by or under that Act to leave New Zealand immediately or within a specified time; or iii: treated for the purposes of that Act as being unlawfully in New Zealand person personal information public service agencies public service agency section 2(1) State enterprise a: an organisation that is a State enterprise within the meaning of section 2 Schedule 1 b: an organisation that was a State enterprise within the meaning of section 2 Schedule 1 statutory officer a: holding or performing the duties of an office established by an enactment; or b: performing duties expressly conferred on him by virtue of his office by an enactment working day a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and b: a day in the period commencing with 25 December in any year and ending with 15 January in the following year. 1A: For the purposes of Schedule 1 Companies Act 1993 2: Where information is held by an unincorporated body (being a board, council, committee, subcommittee, or other body , but not being a mortality review committee a: which is established for the purpose of assisting or advising, or performing functions connected with, any public service agency b: which is so established in accordance with the provisions of any enactment or by any public service agency that information shall, for the purposes of this Act, be deemed— c: in any case where that body is established in respect of any public service agency public service agency d: in any case where that body is established in respect of a Minister of the Crown, to be information held by that Minister. 3: Where subsection (2) applies in respect of any unincorporated body and that body is established for the purpose of assisting, advising, or performing functions connected public service agency public service agency 4: Subject to subsection (4A), information held by an officer or employee or member of a public service agency public service agency 4A: Nothing in subsection (4) applies in respect of any information that any officer or employee or member of a public service agency public service agency public service agency 5: Any information held by an independent contractor engaged by any public service agency public service agency 6: For the avoidance of doubt, it is hereby declared that the terms public service agency organisation a: a court; or b: in relation to its judicial functions, a tribunal; or ba: in relation to its judicial functions, a Crown entity within the meaning of the Crown Entities Act 2004 c: a Royal Commission; or d: a commission of inquiry appointed by an Order in Council made under the Commissions of Inquiry Act 1908 e: a commission of inquiry or board of inquiry or court of inquiry or committee of inquiry appointed, pursuant to, and not by, any provision of an Act, to inquire into a specified matter; or ea: an inquiry to which section 6 f: the Judicial Conduct Commissioner , the Deputy Judicial Conduct Commissioner, Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 g: the Judicial Complaints Lay Observer. Section 2(1) Authority expired 1 July 1988 section 53(a)(i) Section 2(1) department amended 1 October 1985 Parliamentary Service Act 1985 Section 2(1) enactment repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 2(1) Independent Monitor of the Oranga Tamariki System inserted 1 May 2023 section 60(3) Oversight of Oranga Tamariki System Act 2022 Section 2(1) local authority inserted 1 March 1988 section 57(1) Local Government Official Information and Meetings Act 1987 Section 2(1) member inserted 1 April 1987 section 2(1) Official Information Amendment Act 1987 Section 2(1) Minister of the Crown inserted 5 July 2016 section 4 Official Information (Parliamentary Under-Secretaries) Amendment Act 2016 Section 2(1) official information amended 7 August 2020 section 111(3) Public Service Act 2020 Section 2(1) official information amended 7 August 2020 section 111(3) Public Service Act 2020 Section 2(1) official information replaced 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 2(1) official information amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 2(1) official information amended 1 October 2003 section 14(1) State Sector Amendment Act 2003 Section 2(1) official information replaced 1 April 1987 section 2(2) Official Information Amendment Act 1987 Section 2(1) official information amended 1 January 1990 section 49(6) Education Amendment Act 1989 Section 2(1) official information amended 7 August 2020 section 111(4) Public Service Act 2020 Section 2(1) official information amended 1 February 2011 section 18 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 Section 2(1) official information amended 6 May 2003 section 47 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 Section 2(1) official information inserted 6 May 2003 section 47 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 Section 2(1) official information amended 7 August 2020 section 111(3) Public Service Act 2020 Section 2(1) official information replaced 1 March 2002 section 170(1) Public Trust Act 2001 Section 2(1) official information amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 2(1) official information amended 30 January 2021 section 161 Trusts Act 2019 Section 2(1) official information amended 1 April 1987 section 2(3) Official Information Amendment Act 1987 Section 2(1) official information inserted 27 August 2013 section 39 Inquiries Act 2013 Section 2(1) official information inserted 1 April 1987 section 2(4) Official Information Amendment Act 1987 Section 2(1) official information amended 1 May 2023 section 60(1) Oversight of Oranga Tamariki System Act 2022 Section 2(1) official information amended 7 August 2020 section 111(3) Public Service Act 2020 Section 2(1) official information amended 1 July 1993 section 2(1) Official Information Amendment Act 1993 Section 2(1) official information inserted 1 May 2023 section 60(2) Oversight of Oranga Tamariki System Act 2022 Section 2(1) official information inserted 1 May 2023 section 60(2) Oversight of Oranga Tamariki System Act 2022 Section 2(1) official information inserted 1 July 1993 section 2(2) Official Information Amendment Act 1993 Section 2(1) official information amended 1 December 2020 section 217 Privacy Act 2020 Section 2(1) official information amended 7 August 2020 section 111(3) Public Service Act 2020 Section 2(1) official information inserted 17 December 2002 section 53 Victims' Rights Act 2002 Section 2(1) official information amended 6 December 2014 section 31(2) Victims’ Rights Amendment Act 2014 Section 2(1) official information inserted 1 August 2005 section 35(1) Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 Section 2(1) official information amended 23 March 2010 section 16(2) Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 Section 2(1) official information inserted 1 September 2022 section 104 Data and Statistics Act 2022 Section 2(1) Oranga Tamariki system inserted 1 May 2023 section 60(3) Oversight of Oranga Tamariki System Act 2022 Section 2(1) organisation replaced 24 October 2018 section 24 Education Amendment Act 2018 Section 2(1) permanent resident of New Zealand replaced 29 November 2010 section 406(1) Immigration Act 2009 Section 2(1) prohibited immigrant repealed 1 November 1987 section 151(1) Immigration Act 1987 Section 2(1) public service agencies public service agency inserted 7 August 2020 section 111(2) Public Service Act 2020 Section 2(1) State enterprise inserted 10 April 1992 Official Information Amendment Act 1992 Section 2(1) subsidiary repealed 1 April 1987 Official Information Amendment Act 1987 Section 2(1) working day inserted 1 April 1987 section 2(5) Official Information Amendment Act 1987 Section 2(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 2(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(1A) replaced 5 December 2013 section 14 Companies Amendment Act 2013 Section 2(2) amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 2(2)(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 2(2)(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 2(2)(c) amended 7 August 2020 section 135 Public Service Act 2020 Section 2(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 2(3) amended 12 December 1983 Official Information Amendment Act 1983 Section 2(4) replaced 1 July 1993 section 2(3) Official Information Amendment Act 1993 Section 2(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 2(4A) inserted 1 July 1993 section 2(3) Official Information Amendment Act 1993 Section 2(4A) amended 7 August 2020 section 135 Public Service Act 2020 Section 2(5) amended 7 August 2020 section 135 Public Service Act 2020 Section 2(6) amended 7 August 2020 section 135 Public Service Act 2020 Section 2(6)(ba) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 2(6)(e) amended 1 August 2005 section 35(2) Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 Section 2(6)(ea) inserted 27 August 2013 section 39 Inquiries Act 2013 Section 2(6)(f) inserted 1 August 2005 section 35(2) Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 Section 2(6)(f) amended 23 March 2010 section 16(3) Judicial Conduct Commissioner and Judicial Conduct Panel (Deputy Commissioner and Disposal of Complaints) Amendment Act 2010 Section 2(6)(g) inserted 1 August 2005 section 35(2) Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 3: Act to bind the Crown This Act shall bind the Crown. 1: Purposes and criteria 4: Purposes The purposes of this Act are, consistently with the principle of the Executive Government's responsibility to Parliament,— a: to increase progressively the availability of official information to the people of New Zealand in order— i: to enable their more effective participation in the making and administration of laws and policies; and ii: to promote the accountability of Ministers of the Crown and officials,— and thereby to enhance respect for the law and to promote the good government of New Zealand: b: to provide for proper access by each person to official information relating to that person: c: to protect official information to the extent consistent with the public interest and the preservation of personal privacy. 5: Principle of availability The question whether any official information is to be made available, where that question arises under this Act, shall be determined, except where this Act otherwise expressly requires, in accordance with the purposes of this Act and the principle that the information shall be made available unless there is good reason for withholding it. 6: Conclusive reasons for withholding official information Good reason for withholding official information exists, for the purpose of section 5 a: to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or b: to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by— i: the Government of any other country or any agency of such a Government; or ii: any international organisation; or c: to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or d: to endanger the safety of any person; or e: to damage seriously the economy of New Zealand by disclosing prematurely decisions to change or continue government economic or financial policies relating to— i: exchange rates or the control of overseas exchange transactions: ii: the regulation of banking or credit: iii: taxation: iv: the stability, control, and adjustment of prices of goods and services, rents, and other costs, and rates of wages, salaries, and other incomes: v: the borrowing of money by the Government of New Zealand: vi: the entering into of overseas trade agreements. Section 6(d) replaced 1 April 1987 section 3 Official Information Amendment Act 1987 Section 6(e) inserted 1 April 1987 section 3 Official Information Amendment Act 1987 7: Special reasons for withholding official information related to the Cook Islands, Tokelau, or Niue, or the Ross Dependency Good reason for withholding information exists, for the purpose of section 5 a: to prejudice the security or defence of— i: the self-governing State of the Cook Islands; or ii: the self-governing State of Niue; or iii: Tokelau; or iv: the Ross Dependency; or b: to prejudice relations between any of the Governments of— i: New Zealand: ii: the self-governing State of the Cook Islands: iii: the self-governing State of Niue; or c: to prejudice the international relations of the Governments of— i: the self-governing State of the Cook Islands; or ii: the self-governing State of Niue. 8: Special reasons for withholding official information related to competitive commercial activities Section 8 repealed 1 April 1987 section 4(1) Official Information Amendment Act 1987 9: Other reasons for withholding official information 1: Where this section applies, good reason for withholding official information exists, for the purpose of section 5 2: Subject to sections 6 7 10 18 a: protect the privacy of natural persons, including that of deceased natural persons; or b: protect information where the making available of the information— i: would disclose a trade secret; or ii: would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information; or ba: protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information— i: would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied; or ii: would be likely otherwise to damage the public interest; c: avoid prejudice to measures protecting the health or safety of members of the public; or d: avoid prejudice to the substantial economic interests of New Zealand; or e: avoid prejudice to measures that prevent or mitigate material loss to members of the public; or f: maintain the constitutional conventions for the time being which protect— i: the confidentiality of communications by or with the Sovereign or her representative: ii: collective and individual ministerial responsibility: iii: the political neutrality of officials: iv: the confidentiality of advice tendered by Ministers of the Crown and officials; or g: maintain the effective conduct of public affairs through— i: the free and frank expression of opinions by or between or to Ministers of the Crown or members of an organisation public service agency ii: the protection of such Ministers , members of organisations h: maintain legal professional privilege; or i: enable a Minister of the Crown or any public service agency j: enable a Minister of the Crown or any public service agency k: prevent the disclosure or use of official information for improper gain or improper advantage. Section 9(2) amended 1 April 1987 section 4(2) Official Information Amendment Act 1987 Section 9(2)(b) replaced 1 April 1987 section 5(1) Official Information Amendment Act 1987 Section 9(2)(ba) inserted 1 April 1987 section 5(1) Official Information Amendment Act 1987 Section 9(2)(g)(i) amended 7 August 2020 section 135 Public Service Act 2020 Section 9(2)(g)(i) amended 1 April 1987 section 5(2) Official Information Amendment Act 1987 Section 9(2)(g)(ii) amended 1 April 1987 section 5(3) Official Information Amendment Act 1987 Section 9(2)(i) replaced 1 April 1987 section 5(4) Official Information Amendment Act 1987 Section 9(2)(i) amended 7 August 2020 section 135 Public Service Act 2020 Section 9(2)(j) replaced 1 April 1987 section 5(4) Official Information Amendment Act 1987 Section 9(2)(j) amended 7 August 2020 section 135 Public Service Act 2020 10: Information concerning existence of certain information Where a request under this Act relates to information to which section 6 section 7 section 9(2)(b) (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture section 9(2)(b) Section 10 amended 7 August 2020 section 135 Public Service Act 2020 Section 10 amended 1 April 1987 section 4(2) Official Information Amendment Act 1987 11: Exclusion of public interest immunity 1: Subject to subsection (2), the rule of law which authorises or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest shall not apply in respect of— a: any investigation by or proceedings before an Ombudsman b: any application under section 8 but not so as to give any party any information that he would not, apart from this section, be entitled to. 2: Nothing in subsection (1) affects— a: section 31 b: clause 8 of Schedule 2 c: section 20(1) Section 11(1)(a) amended 1 July 1988 section 53(b) Section 11(1)(b) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 2: Requests for access to official information 12: Requests 1: Any person, being— a: a New Zealand citizen; or b: a permanent resident of New Zealand; or c: a person who is in New Zealand; or d: a body corporate which is incorporated in New Zealand; or e: a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand,— may request a department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture 1AA: A request under subsection (1)— a: may be made in any form and communicated by any means (including orally); and b: does not need to refer to this Act. 1A: Notwithstanding subsection (1), a request made, on or after the date of commencement of this subsection, by or on behalf of a natural person for access to any personal information which is about that person shall be deemed to be a request made pursuant to information privacy principle 6(1)(b) set out in section 22 Part 5 2: The official information requested shall be specified with due particularity in the request. 3: If the person making the request asks that his request be treated as urgent, he shall give his reasons for seeking the information urgently. 4: A department or venture 5: If the person declines or is unable to put the request in writing, the department or venture Section 12(1) replaced 1 April 1987 section 6 Official Information Amendment Act 1987 Section 12(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 12(1AA) inserted 26 March 2015 section 4(1) Official Information Amendment Act 2015 Section 12(1A) inserted 1 July 1993 section 3 Official Information Amendment Act 1993 Section 12(1A) amended 1 December 2020 section 217 Privacy Act 2020 Section 12(4) inserted 26 March 2015 section 4(2) Official Information Amendment Act 2015 Section 12(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 12(5) inserted 26 March 2015 section 4(2) Official Information Amendment Act 2015 Section 12(5) amended 7 August 2020 section 135 Public Service Act 2020 13: Assistance It is the duty of every department or interdepartmental venture a: wishes to make a request in accordance with section 12 b: in making a request under section 12 c: has not made his request to the appropriate department or venture or local authority to make a request in a manner that is in accordance with that section or to direct his request to the appropriate department or venture or local authority Section 13 amended 7 August 2020 section 135 Public Service Act 2020 Section 13 amended 1 March 1988 section 57(1) Local Government Official Information and Meetings Act 1987 Section 13(c) amended 7 August 2020 section 135 Public Service Act 2020 Section 13(c) amended 1 March 1988 section 57(1) Local Government Official Information and Meetings Act 1987 14: Transfer of requests Where— a: a request in accordance with section 12 or interdepartmental venture b: the information , or some of the information, i: is not held by the department or venture (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture ii: is believed by the person dealing with the request to be more closely connected with the functions of another department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture the department or venture , or relevant part of the request, or interdepartmental venture Section 14 replaced 1 March 1988 section 57(1) Local Government Official Information and Meetings Act 1987 Section 14 amended 7 August 2020 section 135 Public Service Act 2020 Section 14 amended 26 March 2015 section 5(b) Official Information Amendment Act 2015 Section 14(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 14(b) amended 26 March 2015 section 5(a) Official Information Amendment Act 2015 Section 14(b)(i) amended 7 August 2020 section 135 Public Service Act 2020 Section 14(b)(ii) amended 7 August 2020 section 135 Public Service Act 2020 15: Decisions on requests 1: Subject to this Act, the department or interdepartmental venture section 12 section 14 or section 12 or venture a: decide whether the request is to be granted and, if it is to be granted, in what manner and for what charge (if any); and b: give or post to the person who made the request notice of the decision on the request. 1AA: If a request (the original request or venture 1AB: However, subsection (1AA) does not apply if— a: the original request is amended or clarified because the department or venture b: the department or venture 1A: Subject to section 24 or venture 2: Any charge fixed shall be reasonable and regard may be had to the cost of the labour and materials involved in making the information available and to any costs incurred pursuant to a request of the applicant to make the information available urgently. 3: The department or venture 4: Where a request in accordance with section 12 section 14 5: Nothing in subsection (4) prevents the chief executive or board or officer or employee from consulting a Minister of the Crown or any other person in relation to the decision that the chief executive or board or officer or employee proposes to make on any request made to the department or venture in accordance with section 12 section 14 section 12 Section 15 replaced 1 April 1987 section 8(1) Official Information Amendment Act 1987 Section 15(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 15(1) amended 1 March 1988 section 57(1) Local Government Official Information and Meetings Act 1987 Section 15(1AA) inserted 26 March 2015 section 6 Official Information Amendment Act 2015 Section 15(1AA) amended 7 August 2020 section 135 Public Service Act 2020 Section 15(1AB) inserted 26 March 2015 section 6 Official Information Amendment Act 2015 Section 15(1AB)(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 15(1AB)(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 15(1A) inserted 1 December 1989 section 2 Official Information Amendment Act 1989 Section 15(1A) amended 7 August 2020 section 135 Public Service Act 2020 Section 15(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 15(4) replaced 7 August 2020 section 135 Public Service Act 2020 Section 15(5) replaced 7 August 2020 section 135 Public Service Act 2020 15A: Extension of time limits 1: Where a request in accordance with section 12 section 14 15(1) a: the request is for a large quantity of official information or necessitates a search through a large quantity of information and meeting the original time limit would unreasonably interfere with the operations of the department or the venture or the Minister of the Crown or the organisation; or b: consultations necessary to make a decision on the request are such that a proper response to the request cannot reasonably be made within the original time limit. 2: Any extension under subsection (1) shall be for a reasonable period of time having regard to the circumstances. 3: The extension shall be effected by giving or posting notice of the extension to the person who made the request within 20 working days after the day on which the request is received. 4: The notice effecting the extension shall— a: specify the period of the extension; and b: give the reasons for the extension; and c: state that the person who made the request for the official information has the right, under section 28(3) d: contain such other information as is necessary. Section 15A inserted 1 April 1987 section 9(1) Official Information Amendment Act 1987 Section 15A(1) replaced 7 August 2020 section 135 Public Service Act 2020 16: Documents 1: Where the information requested by any person is comprised in a document, that information may be made available in 1 or more of the following ways: a: by giving the person a reasonable opportunity to inspect the document; or b: by providing the person with a copy of the document; or c: in the case of a document that is an article or thing from which sounds or visual images are capable of being reproduced, by making arrangements for the person to hear or view those sounds or visual images; or d: in the case of a document by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codified form, by providing the person with a written transcript of the words recorded or contained in the document; or e: by giving an excerpt or summary of the contents; or f: by furnishing oral information about its contents. 1A: Subject to subsections (2) and (3), information made available in any of the ways listed under subsection (1) may be made available in electronic form or by electronic means. 2: Subject to section 17 or interdepartmental venture a: impair efficient administration; or b: be contrary to any legal duty of the department or venture c: prejudice the interests protected by section 6 section 7 section 9 3: Where the information is not provided in the way preferred by the person requesting it, the department or venture section 10 a: the reason for not providing the information in that way; and b: if that person so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 6 section 7 section 9 Section 16(1A) inserted 26 March 2015 section 7 Official Information Amendment Act 2015 Section 16(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 16(2)(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 16(2)(c) amended 1 April 1987 section 4(2) Official Information Amendment Act 1987 Section 16(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 16(3)(b) amended 1 April 1987 section 4(2) Official Information Amendment Act 1987 17: Deletion of information from documents 1: Where the information requested is comprised in a document and there is good reason for withholding some of the information contained in that document, the other information in that document may be made available by making a copy of that document available with such deletions or alterations as are necessary. 2: Where a copy of a document is made available under subsection (1), the department or interdepartmental venture section 10 a: the reason for withholding the information; and b: if the applicant so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 6 section 7 section 9 Section 17(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 17(2)(b) amended 1 April 1987 section 4(2) Official Information Amendment Act 1987 18: Refusal of requests A request made in accordance with section 12 a: that, by virtue of section 6 section 7 section 9 b: that, by virtue of section 10 or interdepartmental venture c: that the making available of the information requested would— i: be contrary to the provisions of a specified enactment; or ii: constitute contempt of court or of the House of Representatives d: that the information requested is or will soon be publicly available: da: that the request is made by a defendant or a person acting on behalf of a defendant and is— i: for information that could be sought by the defendant under the Criminal Disclosure Act 2008 ii: for information that could be sought by the defendant under that Act and that has been disclosed to, or withheld from, the defendant under that Act: e: that the document alleged to contain the information requested does not exist or , despite reasonable efforts to locate it, f: that the information requested cannot be made available without substantial collation or research: g: that the information requested is not held by the department or venture i: held by another department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture or by a local authority ii: connected more closely with the functions of another department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture or of a local authority h: that the request is frivolous or vexatious or that the information requested is trivial. Section 18(a) amended 1 April 1987 section 4(2) Official Information Amendment Act 1987 Section 18(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 18(c)(ii) amended 1 April 1987 section 10 Official Information Amendment Act 1987 Section 18(da) inserted 29 June 2009 section 38 Criminal Disclosure Act 2008 Section 18(e) amended 26 March 2015 section 8 Official Information Amendment Act 2015 Section 18(g) amended 7 August 2020 section 135 Public Service Act 2020 Section 18(g)(i) amended 7 August 2020 section 135 Public Service Act 2020 Section 18(g)(i) amended 1 March 1988 section 57(1) Local Government Official Information and Meetings Act 1987 Section 18(g)(ii) amended 7 August 2020 section 135 Public Service Act 2020 Section 18(g)(ii) amended 1 March 1988 section 57(1) Local Government Official Information and Meetings Act 1987 18A: Requests involving substantial collation or research 1: In deciding whether to refuse a request under section 18(f) or interdepartmental venture a: fixing a charge under section 15 b: extending the time limit under section 15A 2: For the purposes of refusing a request under section 18(f) or venture a: that are about the same subject matter or about similar subject matters; and b: that are received simultaneously or in short succession. Section 18A inserted 22 October 2003 section 3 Official Information Amendment Act 2003 Section 18A(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 18A(2) amended 7 August 2020 section 135 Public Service Act 2020 18B: Duty to consider consulting person if request likely to be refused under section 18(e) or (f) If a request is likely to be refused under section 18(e) or (f) or interdepartmental venture Section 18B inserted 22 October 2003 section 3 Official Information Amendment Act 2003 Section 18B amended 7 August 2020 section 135 Public Service Act 2020 19: Reason for refusal to be given Where a request made in accordance with section 12 or interdepartmental venture a: subject to section 10 i: the reason for its refusal; and ii: if the applicant so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 6 section 7 section 9 b: give to the applicant information concerning the applicant's right, by way of complaint under section 28(3) Section 19 amended 7 August 2020 section 135 Public Service Act 2020 Section 19(a)(ii) amended 1 April 1987 section 4(2) Official Information Amendment Act 1987 Section 19(b) amended 1 April 1987 section 16(2) Official Information Amendment Act 1987 3: Publication of, and access to, certain documents and information 20: Publication setting out functions of public service agencies 1: The Ministry of Justice public service agency a: a description of its structure, functions, and responsibilities including those of any of its statutory officers or advisory committees; and b: a general description of the categories of documents held by it; and c: a description of all manuals, and similar types of documents which contain policies, principles, rules, or guidelines in accordance with which decisions or recommendations are made in respect of any person or body of persons in his or her or its personal capacity; and d: a statement of any information that needs to be available to members of the public who wish to obtain official information from the public service agency 2: The Ministry of Justice 2A: In complying with subsection (2), the Ministry of Justice may publish a new edition or supplementary material on an Internet website and in an electronic form that is publicly accessible (at all reasonable times), so long as the Ministry also publishes that edition or material in any other manner and form that is necessary in the light of the need specified in subsection (4). 3: Each public service agency Ministry of Justice Ministry of Justice 4: In complying with subsections (1) and (2), the Ministry of Justice 5: Where there is good reason under section 6 section 7 section 9(2)(b) Section 20 replaced 1 December 1989 section 3(1) Official Information Amendment Act 1989 Section 20 heading amended 7 August 2020 section 135 Public Service Act 2020 Section 20(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 20(1) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 20(1)(d) amended 7 August 2020 section 135 Public Service Act 2020 Section 20(2) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 20(2A) inserted 22 October 2003 section 4 Official Information Amendment Act 2003 Section 20(3) amended 7 August 2020 section 135 Public Service Act 2020 Section 20(3) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 20(4) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 21: Right of access to certain official information 1: Every person has a right to and shall, on request made under this subsection, be given access to the latest edition of the publication published under section 20 2: Every person, being— a: a New Zealand citizen; or b: a permanent resident of New Zealand; or c: a person who is in New Zealand; or d: a body corporate which is incorporated in New Zealand; or e: a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand,— has a right to and shall, on request made under this subsection, be given access to any category of official information that is declared by regulations made under this Act to be a category of official information in respect of which a right of access exists. 3: The giving of access to any official information to which subsection (2) applies shall be subject to the provisions of any regulations made under this Act. Section 21(2) replaced 1 April 1987 section 12 Official Information Amendment Act 1987 22: Right of access to internal rules affecting decisions 1: On a request made under this section, a person has a right to, and must be given access to, any document (including a manual) that— a: is held by a public service agency b: contains policies, principles, rules, or guidelines in accordance with which decisions or recommendations are made in respect of any person or body of persons in their personal capacity. 1A: Subsection (1) is subject to— a: subsection (2): b: subsection (6): c: section 6(a) to (d) d: section 7 e: section 9(2)(a), (b), (ba), (i), and (j) f: section 10 2: The right conferred by subsection (1) may be exercised only by— a: a New Zealand citizen; or b: a permanent resident of New Zealand; or c: a person who is in New Zealand; or d: a body corporate which is incorporated in New Zealand; or e: a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand. 3: Sections 12(2) and (3) 13 to 15A 19 4: If there is good reason under subsection (1A)(c), (d), or (e) for withholding some of the information contained in a document referred to in subsection (1), the department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or the interdepartmental venture a: make a copy of that document available with any deletions or alterations that are necessary; or b: provide another document stating the substance and effect of the document except as it relates to the information withheld. 5: Where a document is made available under subsection (4), the department or venture section 10 a: the reason for withholding the information; and b: if the applicant so requests, the grounds in support of that reason, unless the giving of those grounds would itself prejudice the interests protected by section 6(a) to (d) section 7 section 9(2)(a) or (b) or (ba) or (i) or (j) 6: Nothing in this section authorises or permits Public Trust or the Maori Trust Office to make available any information that is contained in a document to which subsection (1) relates but that relates to the making of decisions or recommendations by Public Trust or the Maori Trustee— a: in their capacity as trustee within the meaning of the Trusts Act 2019 b: in any other fiduciary capacity. Section 22(1) replaced 24 October 2019 section 100(1) Statutes Amendment Act 2019 Section 22(1)(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 22(1A) inserted 24 October 2019 section 100(1) Statutes Amendment Act 2019 Section 22(3) amended 1 April 1987 section 9(2) Official Information Amendment Act 1987 Section 22(4) replaced 24 October 2019 section 100(2) Statutes Amendment Act 2019 Section 22(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 22(5) amended 7 August 2020 section 135 Public Service Act 2020 Section 22(5)(b) replaced 1 April 1987 section 4(2) Official Information Amendment Act 1987 Section 22(6) replaced 1 March 2002 section 170(1) Public Trust Act 2001 Section 22(6)(a) amended 30 January 2021 section 161 Trusts Act 2019 23: Right of access by person to reasons for decisions affecting that person 1: Subject to section 6(a) to (d) section 7 section 9(2)(b) section 10 public service agency a: the findings on material issues of fact; and b: subject to subsection (2A), a reference to the information on which the findings were based; and c: the reasons for the decision or recommendation. 2: The right conferred by subsection (1) may be exercised only by a person who is— a: a New Zealand citizen; or b: a permanent resident of New Zealand; or c: a person who is in New Zealand; or d: a body corporate which is incorporated in New Zealand; or e: a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand. 2A: A reference to the information on which any findings were based need not be given under subsection (1)(b) if— a: the disclosure of the information or of information identifying the person who supplied it, being evaluative material, would breach an express or implied promise— i: which was made to the person who supplied the information; and ii: which was to the effect that the information or the identity of the person who supplied it or both would be held in confidence; or b: after consultation undertaken (where practicable) by or on behalf of the public service agency or Minister of the Crown or organisation with a natural person’s medical practitioner, the department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture i: the information relates to that person; and ii: the disclosure of the information (being information that relates to the physical or mental health of the person making the request under this section) would be likely to prejudice the physical or mental health of that person; or c: in the case of a natural person under the age of 16, the disclosure of that information would be contrary to that person's interests; or d: the disclosure of that information (being information in respect of a person who has been convicted of an offence or is or has been detained in custody) would be likely to prejudice the safe custody or the rehabilitation of that person. 2B: For the purposes of subsection (2A), the term evaluative material a: for the purpose of determining the suitability, eligibility, or qualifications of the person to whom the material relates— i: for employment or for appointment to office; or ii: for promotion in employment or office or for continuation in employment or office; or iii: for removal from employment or office; or iv: for the awarding of contracts, awards, scholarships, honours, or other benefits; or b: for the purpose of determining whether any contract, award, scholarship, honour, or benefit should be continued, modified, or cancelled; or c: for the purpose of deciding whether to insure any person or property or to continue or renew the insurance of any person or property. 3: Sections 12(3) 13 to 15A 19 4: Nothing in this section entitles any person to obtain a written statement of advice given to the Sovereign or her representative. 5: Nothing in this section applies in respect of any decision or recommendation by Public Trust or the Maori Trustee— a: in their capacity as trustee within the meaning of the Trusts Act 2019 b: in any other fiduciary capacity. 6: In subsection (2A)(b), medical practitioner section 114(1)(a) Section 23(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 23(1) amended 1 April 1987 section 4(2) Official Information Amendment Act 1987 Section 23(1)(b) amended 1 July 1993 section 4(1) Official Information Amendment Act 1993 Section 23(2A) inserted 1 July 1993 section 4(2) Official Information Amendment Act 1993 Section 23(2A)(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 23(2B) inserted 1 July 1993 section 4(2) Official Information Amendment Act 1993 Section 23(3) amended 1 April 1987 section 9(2) Official Information Amendment Act 1987 Section 23(5) replaced 1 March 2002 section 170(1) Public Trust Act 2001 Section 23(5)(a) amended 30 January 2021 section 161 Trusts Act 2019 Section 23(6) inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 4: Right of access to personal information 24: Right of access to personal information 1: Subject to this Part, to sections 10 52 a: is about that person; and b: is held in such a way that it can readily be retrieved. 2: The right conferred by subsection (1) may be exercised only by a person who is— a: a body corporate which is incorporated in New Zealand; or b: a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand. 3: Sections 12(3) 13 to 17 19 3A: Where any person is given access to personal information under this section, that person shall be advised of that person's right, under section 26 4: Nothing in this section requires, or imposes any responsibility on, any public service agency 5: Nothing in this section gives any person the right to be given access to any personal information about the person that is held by Public Trust or the Maori Trustee— a: in their capacity as trustee within the meaning of the Trusts Act 2019 b: in any other fiduciary capacity. Section 24(1) amended 1 July 1993 section 5(1) Official Information Amendment Act 1993 Section 24(2) replaced 1 July 1993 section 5(2) Official Information Amendment Act 1993 Section 24(3A) inserted 1 April 1987 section 13 Official Information Amendment Act 1987 Section 24(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 24(5) replaced 1 March 2002 section 170(1) Public Trust Act 2001 Section 24(5)(a) amended 30 January 2021 section 161 Trusts Act 2019 24A: Restriction where person sentenced to imprisonment Section 24A repealed (without coming into force) 1 July 1993 section 6 Official Information Amendment Act 1993 25: Precautions Where a request is made under section 24(1) (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture a: shall not give access to that information unless it or he is satisfied concerning the identity of the person making the request; and b: shall ensure, by the adoption of appropriate procedures, that any information intended for a person is received— i: only by that person; or ii: where the request is made by an agent of the person, only by that person or his agent; and c: shall ensure that, where the request is made by an agent of the person, the agent has the written authority of that person to obtain the information or is otherwise properly authorised by that person to obtain the information. Section 25 amended 7 August 2020 section 135 Public Service Act 2020 26: Correction of information 1: Every person who is given access under section 24(1) (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture a: request correction of the personal information where the person believes that the information— i: is inaccurate; or ii: is incomplete and gives a misleading impression; and b: require that a notation be attached to the information indicating the nature of any correction requested but not made. 2: Where a department venture venture Section 26(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 26(2) amended 7 August 2020 section 135 Public Service Act 2020 27: Reasons for refusal of requests for personal information 1: A department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture section 24(1) a: the disclosure of the information would be likely to prejudice any of the interests protected by section 6(a) to (d) section 7 section 9(2)(b) b: the disclosure of the information would involve the unwarranted disclosure of the affairs of another person or of a deceased person; or c: the disclosure of the information or of information identifying the person who supplied it, being evaluative material, would breach an express or implied promise— i: which was made to the person who supplied the information; and ii: which was to the effect that the information or the identity of the person who supplied it or both would be held in confidence; or d: e: f: g: the disclosure of the information would breach legal professional privilege; or h: the request is frivolous or vexatious, or the information requested is trivial. 1A: No reasons other than 1 or more of the reasons set out in subsection (1) justifies a refusal to disclose any personal information requested under section 24(1) 2: For the purposes of subsection (1)(c), the term evaluative material a: for the purpose of determining the suitability, eligibility, or qualifications of the person to whom the material relates for the awarding of contracts, awards, or other benefits; or b: for the purpose of determining whether any contract, award, or benefit should be continued, modified, or cancelled; or c: for the purpose of deciding whether to insure any person or property or to continue or renew the insurance of any person or property. Section 27(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 27(1)(a) replaced 1 April 1987 section 4(2) Official Information Amendment Act 1987 Section 27(1)(d) repealed 1 July 1993 section 7(1) Official Information Amendment Act 1993 Section 27(1)(e) repealed 1 July 1993 section 7(1) Official Information Amendment Act 1993 Section 27(1)(f) repealed 1 July 1993 section 7(1) Official Information Amendment Act 1993 Section 27(1A) inserted 1 April 1987 section 15(2) Official Information Amendment Act 1987 Section 27(2) replaced 1 July 1993 section 7(2) Official Information Amendment Act 1993 5: Review of decisions Decisions under Part 2 and section 10 28: Functions of Ombudsmen 1: It is a function of the Ombudsmen to investigate and review any decision by which a department (for itself and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or interdepartmental venture or Minister of the Crown or organisation— a: refuses to make official information available to any person in response to a request made by that person in accordance with section 12 b: decides, in accordance with section 16 17 section 15 section 12 c: imposes conditions on the use, communication, or publication of information made available pursuant to a request made in accordance with section 12 d: gives a notice under section 10 2: It is a function of the Ombudsmen to investigate and review any decision by which the chief executive of a department (for the department and for a departmental agency hosted by it or an interdepartmental executive board serviced by it) or the board of an interdepartmental venture or an officer or an employee of a department or venture authorised by its chief executive or board or a Minister of the Crown or an organisation extends any time limit under section 15A 3: An investigation and review under subsection (1) or subsection (2) may be made by an Ombudsman only on complaint being made to an Ombudsman in writing or orally. 3A: A complaint made orally must be put in writing as soon as practicable. 4: For the purposes of subsection (1)(a), a refusal to make official information available includes, without limitation, a failure by a department or venture section 15(1) a: as soon as is reasonably practicable, or at the latest within 20 working days, after receiving a request; or b: within an extended time limit notified under section 15A(3) 5: Undue delay in making official information available in response to a request for that information, shall be deemed, for the purposes of subsection (1), to be a refusal to make that information available. 6: If an Ombudsman receives a complaint that a department or venture section 18(e) to (g) Public Records Act 2005 Section 28 replaced 1 April 1987 section 16(1) Official Information Amendment Act 1987 Section 28(1) replaced 7 August 2020 section 135 Public Service Act 2020 Section 28(2) replaced 7 August 2020 section 135 Public Service Act 2020 Section 28(3) replaced 22 October 2003 section 5 Official Information Amendment Act 2003 Section 28(3A) inserted 22 October 2003 section 5 Official Information Amendment Act 2003 Section 28(4) replaced 26 March 2015 section 9(1) Official Information Amendment Act 2015 Section 28(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 28(6) inserted 26 March 2015 section 9(2) Official Information Amendment Act 2015 Section 28(6) amended 7 August 2020 section 135 Public Service Act 2020 29: Application of Ombudsmen Act 1975 1: Except as otherwise provided by this Act, the provisions of the Ombudsmen Act 1975 Part 2 section 10 2: Nothing in sections 13 14 25 29A: Requirements of Ombudsman to be complied with within certain period 1: Subject to this section, where, during the course of an investigation, under section 28 section 19 2: Where any requirement to which subsection (1) applies is made to any department or interdepartmental venture or Minister of the Crown or organisation, the chief executive of that department or the board of that venture or an officer or employee of that department or venture authorised by that chief executive or that board or that Minister of the Crown or that organisation may extend the time limit set out in subsection (1) in respect of that requirement if— a: the requirement relates to, or necessitates a search through, a large quantity of information or a large number of documents or papers or things, and meeting the original time limit would unreasonably interfere with the operations of the department or the venture or the Minister of the Crown or the organisation; or b: consultations necessary before the requirement can be complied with are such that the requirement cannot reasonably be complied with within the original time limit; or c: the complexity of the issues raised by the requirement are such that the requirement cannot reasonably be complied with within the original time limit. 3: Any extension under subsection (2) shall be for a reasonable period of time having regard to the circumstances. 4: The extension shall be effected by giving or posting notice of the extension to the Ombudsman within 20 working days after the day on which the requirement is received. 5: The notice effecting the extension shall— a: specify the period of the extension; and b: give the reasons for the extension; and c: contain such other information as is necessary. 6: If any department or venture 7: Notwithstanding anything in this section, an Ombudsman shall not, in any report made under subsection (6), make any comment that is adverse to any person unless the person has first been given an opportunity to be heard. Section 29A inserted 1 April 1987 section 17(1) Official Information Amendment Act 1987 Section 29A(1) replaced 7 August 2020 section 135 Public Service Act 2020 Section 29A(2) replaced 7 August 2020 section 135 Public Service Act 2020 Section 29A(6) amended 7 August 2020 section 135 Public Service Act 2020 29B: Consultation with Privacy Commissioner Where an Ombudsman investigates a complaint made under section 28 section 9(2)(a) section 30 Privacy Act 2020 Section 29B inserted 1 July 1993 section 8 Official Information Amendment Act 1993 Section 29B amended 1 December 2020 section 217 Privacy Act 2020 30: Procedure after investigation 1: Where, after making an investigation of a complaint made under section 28 a: that the request made in accordance with section 12 b: that the decision complained of is unreasonable or wrong or is otherwise a decision to which subsection (1) or subsection (2) of section 22 the Ombudsman shall, subject to subsection (3) of this section,— c: report his opinion and his reasons therefor to the appropriate department or interdepartmental venture d: subject to section 31 e: give to the complainant— i: a copy of his recommendations (if any); and ii: such other information as he thinks proper. 2: The Ombudsman shall also— a: in the case of an investigation relating to a public service agency or an organisation named in Schedule 1 b: in the case of an organisation named in Schedule 1 3: Notwithstanding anything in this section, an Ombudsman shall not, in any report made under this section, make any comment that is adverse to any person unless the person has been given an opportunity to be heard. 4: Except as provided in subsection (1), nothing in section 22 section 28(1) or section 28(2) Section 30(1)(c) amended 7 August 2020 section 135 Public Service Act 2020 Section 30(2)(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 30(4) amended 1 April 1987 section 16(3) Official Information Amendment Act 1987 31: Disclosure of certain information not to be recommended Where— a: the Prime Minister certifies that the making available of any information would be likely to prejudice— i: the security or defence of New Zealand or the international relations of the Government of New Zealand; or ii: any interest protected by section 7 b: the Attorney-General certifies that the making available of any information would be likely to prejudice the prevention, investigation, or detection of offences— an Ombudsman shall not recommend that the information be made available, but may recommend that the making available of the information be given further consideration by the appropriate department or interdepartmental venture Section 31 amended 7 August 2020 section 135 Public Service Act 2020 32: Recommendations made to public service agency 1: Where a recommendation is made under section 30(1) Schedule 1 a: a public duty to observe that recommendation shall be imposed on that public service agency public service agency b: the public duty imposed by paragraph (a) shall be imposed not only on the public service agency i: the members of the organisation; and ii: every officer and employee of that public service agency iii: every body within that public service agency iv: every statutory officer to whom that recommendation is applicable. 2: Where a recommendation is made under section 30(1) 3: Where a recommendation is made under section 30(1) Schedule 1 a: a public duty to observe that recommendation shall be imposed on that organisation from the commencement of the 21st working day after the day on which that recommendation is made to that organisation unless, before that day, the Governor-General, by Order in Council, otherwise directs; and b: the public duty imposed by paragraph (a) shall be imposed not only on the organisation itself but also on— i: its governing body (if any); and ii: its members; and iii: every officer, employee, and body within that organisation to whom that recommendation is applicable; and iv: every statutory officer to whom that recommendation is applicable. 4: As soon as practicable after an Order in Council is made under this section, the Minister who recommended the making of that Order in Council shall give a copy of that Order in Council to the Ombudsman who made the recommendation. 5: Nothing in this section— a: limits section 15 b: prevents effect being given to any interim order made under section 15 Section 32 replaced 1 April 1987 section 18 Official Information Amendment Act 1987 Section 32 heading amended 7 August 2020 section 135 Public Service Act 2020 Section 32(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 32(1)(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 32(1)(b) amended 7 August 2020 section 135 Public Service Act 2020 Section 32(1)(b)(ii) amended 7 August 2020 section 135 Public Service Act 2020 Section 32(1)(b)(iii) amended 7 August 2020 section 135 Public Service Act 2020 Section 32(5)(a) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Section 32(5)(b) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 32A: Requirements in relation to Order in Council 1: Every Order in Council made under section 32 Gazette 2: Every Order in Council made under section 32 3: An Order in Council made under section 32 section 30(1) Section 32A inserted 1 April 1987 section 18 Official Information Amendment Act 1987 32B: Right of review 1: Where— a: a recommendation is made under section 30(1) section 12 b: an Order in Council is made under section 32 the person who made that request may apply to the High Court for a review of the making of that Order in Council. 2: An application under subsection (1) may be made on the ground that the Order in Council was beyond the powers conferred by sections 32 32A 3: On an application under subsection (1), the High Court may— a: make an order confirming that the Order in Council was validly made; or b: make an order declaring that the making of the Order in Council was beyond the powers conferred by sections 32 32A 4: Unless the High Court is satisfied that an application brought under subsection (1) has not been reasonably or properly brought, it shall, in determining the application and irrespective of the result of the application, order that the costs of the applicant on a solicitor and client basis shall be paid by the Crown, and such costs shall be paid out of money appropriated by Parliament for the purpose. Section 32B inserted 1 April 1987 section 18 Official Information Amendment Act 1987 32C: Appeals Any party to an application under section 32B section 56 Section 32C inserted 1 April 1987 section 18 Official Information Amendment Act 1987 Section 32C amended 1 March 2017 section 183(b) Senior Courts Act 2016 33: Complainant to be informed of result of investigation The Ombudsman who investigates a complaint made for the purposes of section 28(3) Section 33 amended 1 April 1987 section 16(4) Official Information Amendment Act 1987 34: Restriction on application for review Where any person makes a request under this Act that official information be made available to him and a decision to which section 28(1) or section 28(2) a: shall not make an application under section 8 b: shall not commence any proceedings in which that decision is sought to be challenged, quashed, or called in question in any court,— unless a complaint made by that person in respect of that decision has first been determined under this Part. Section 34 amended 1 April 1987 section 16(5) Official Information Amendment Act 1987 Section 34(a) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Decisions under Part 3 or Part 4 35: Application of Ombudsmen Act 1975 1: It shall be a function of the Ombudsmen to investigate, pursuant to the Ombudsmen Act 1975 Part 3 Part 4 a: including any such decision made by— i: a Minister of the Crown; or ii: an organisation named in Schedule 1 b: not including a decision made under section 10 Part 3 Part 4 1A: The provisions of section 29A section 19 public service agency 2: Where the Ombudsman, after making his investigation, forms an opinion of the kind described in subsection (1) or subsection (2) or subsection (3) of section 22 (including in relation to a departmental agency hosted by the department or an interdepartmental executive board serviced by it) or interdepartmental venture 3: Where a report is made under subsection (2) to a Minister of the Crown, the Ombudsman shall request the Minister of the Crown to notify the Ombudsman, within a specified time, of the steps (if any) that the Minister proposes to take to give effect to the Ombudsman's recommendations. 4: If, within a reasonable time after the report is made under section 22(3) public service agency the House of Representatives 5: The Ombudsman shall attach to every report sent or made under subsection (4) a copy of any comments made by or on behalf of the public service agency 6: Notwithstanding anything in this section, an Ombudsman shall not, in any report made under this section, make any comment that is adverse to any person unless the person has first been given an opportunity to be heard. 7: If, in relation to any request for official information made under Part 3 Part 4 or interdepartmental venture section 15(1) 8: Undue delay in giving any person access to official information in response to a request under Part 3 Part 4 Section 35(1A) inserted 1 April 1987 section 17(2) Official Information Amendment Act 1987 Section 35(1A) amended 7 August 2020 section 135 Public Service Act 2020 Section 35(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 35(4) amended 7 August 2020 section 135 Public Service Act 2020 Section 35(4) amended 1 April 1987 section 19(1) Official Information Amendment Act 1987 Section 35(5) amended 7 August 2020 section 135 Public Service Act 2020 Section 35(7) inserted 1 April 1987 section 19(2) Official Information Amendment Act 1987 Section 35(7) amended 7 August 2020 section 135 Public Service Act 2020 Section 35(8) inserted 1 April 1987 section 19(2) Official Information Amendment Act 1987 Saving 36: Saving in respect of Ombudsmen Act 1975 Except as expressly provided in this Act, nothing in this Act shall derogate from or limit the functions of the Ombudsmen under the Ombudsmen Act 1975 6: Information Authority Part 6 expired 1 July 1988 section 53(a)(ii) 37: Establishment of Information Authority Section 37 expired 1 July 1988 section 53(a)(ii) 38: Functions and powers of Authority Section 38 expired 1 July 1988 section 53(a)(ii) 39: Functions in respect of personal information Section 39 expired 1 July 1988 section 53(a)(ii) 40: Membership of Authority Section 40 expired 1 July 1988 section 53(a)(ii) 41: Term of office of members of Authority Section 41 expired 1 July 1988 section 53(a)(ii) 42: Regulations providing for access to information Section 42 expired 1 July 1988 section 53(a)(ii) 43: Provision for disallowance of regulations providing for access to information Section 43 expired 1 July 1988 section 53(a)(ii) 44: Annual report Section 44 expired 1 July 1988 section 53(a)(ii) 45: Offences Section 45 expired 1 July 1988 section 53(a)(ii) 7: Miscellaneous provisions 46: Assistance of Ministry of Justice The Ministry of Justice public service agency public service agency Section 46 replaced 1 December 1989 section 4 Official Information Amendment Act 1989 Section 46 heading amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 46 amended 7 August 2020 section 135 Public Service Act 2020 Section 46 amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 47: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes— a: b: prescribing forms of applications and other documents required for the purposes of this Act, or authorising any person to prescribe or approve such forms: c: providing the procedure for the service of notices and documents under this Act: d: prescribing reasonable charges or scales of reasonable charges for the purposes of this Act: e: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration. 2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 47(1)(a) expired 1 July 1988 section 53(a)(iii) Section 47(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 48: Protection against certain actions 1: Where any official information is made available in good faith pursuant to this Act,— a: no proceedings, civil or criminal, shall lie against the Crown or any other person in respect of the making available of that information, or for any consequences that follow from the making available of that information; and b: no proceedings, civil or criminal, in respect of any publication involved in, or resulting from, the making available of that information shall lie against the author of the information or any other person by reason of that author or other person having supplied the information to a public service agency 2: The making available of, or the giving of access to, any official information in consequence of a request made under this Act shall not be taken, for the purposes of the law relating to defamation or breach of confidence or infringement of copyright, to constitute an authorisation or approval of the publication of the document or of its contents by the person to whom the information is made available or the access is given. Section 48 replaced 1 April 1987 section 21 Official Information Amendment Act 1987 Section 48(1)(b) amended 7 August 2020 section 135 Public Service Act 2020 49: Power to amend Schedule 1 by Order in Council 1: Where any organisation named in Schedule 1 2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 49(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 50: Consequential amendments to other enactments The enactments specified in Schedule 3 51: Repeal The Official Secrets Act 1951 is hereby repealed. 52: Savings 1: Nothing in this Act authorises or permits the making available of any official information if the making available of that information would constitute contempt of court or of the House of Representatives 2: Nothing in this Act authorises or permits any person to make information available if that information relates to— a: the affairs of any estate under administration by Public Trust or in the Maori Trust Office; or b: the affairs of any person concerned in any such estate. 3: Except as provided in sections 50 51 a: any provision which is contained in any other enactment and which authorises or requires official information to be made available; or b: any provision which is contained in any other Act of Parliament or in any regulations within the meaning of the Regulations (Disallowance) Act 1989 i: imposes a prohibition or restriction in relation to the availability of official information; or ii: regulates the manner in which official information may be obtained or made available; or c: any provision of any Order in Council made under the Commissions of Inquiry Act 1908 Section 52(1) amended 1 April 1987 section 22 Official Information Amendment Act 1987 Section 52(2)(a) replaced 1 March 2002 section 170(1) Public Trust Act 2001 Section 52(3)(b) amended 19 December 1989 section 11 Regulations (Disallowance) Act 1989 53: Expiration of provisions relating to Information Authority As from the close of 30 June 1988— a: the following provisions of this Act, namely,— i: the definition of the term Authority section 2(1) ii: Part 6 iii: paragraph (a) of section 47 iv: Schedule 2 shall expire; and b: section 11(1)(a) or the Authority c: the Authority shall be dissolved; and d: all real and personal property belonging to the Authority shall become vested in the Crown; and e: all money payable to the Authority shall become payable to the Crown; and f: all liabilities, contracts, and engagements, and all rights and authorities of any nature whatever of the Authority shall become liabilities, contracts, engagements, rights, and authorities of the Crown; and g: all proceedings pending by or against the Authority may be carried on, completed, or enforced by or against the Crown.

DLM62319

1982

Law Practitioners Act 1982

1: Short Title and commencement 1: This Act may be cited as the Law Practitioners Act 1982. 2: This Act shall come into force on the 1st day of April 1983. 2: Interpretation In this Act, unless the context otherwise requires,— Bank means a person carrying on in New Zealand the business of banking Bank: the reference to the Banking Act 1982 substituted 16 December 1982 Banking Act 1908 Banking Act 1982 Bank: this definition was substituted 22 May 1998 22(1) Private Savings Banks (Transfer of Undertakings) Act 1992 See clause 2 Transfer of Undertakings Act Commencement Order 1998 The Banking Act 1982, referred to in the new definition, was repealed 30 June 1995 2(1) Banking Act Repeal Act 1995 Banker Barrister Candidate Commonwealth country Council a: Except in Part 2 b: In Part 2 Course of study Court District District Council District Disciplinary Tribunal District Law Society New Zealand Disciplinary Tribunal Practising certificate section 57 current practising certificate Practitioner Prescribed Registrar Roll Solicitor Tribunal Trust account 1955 No 101 ss 2, 70 1961 No 47 ss 15, 32(a), 40 1968 No 51 s 2 1: The Law Societies The New Zealand Law Society 3: Constitution of New Zealand Law Society 1: There shall continue to be a Society called the New Zealand Law Society (hereinafter referred to as the Society), being the Society constituted under the Law Practitioners Act 1955 2: The Society shall consist of all practitioners who for the time being are members of any District Law Society and hold current practising certificates as barristers or as solicitors or as both. 3: The Society shall be a body corporate, with perpetual succession and a common seal, and shall be capable of holding real and personal property and of doing and suffering all that bodies corporate may do and suffer. 1955 No 101 s 113 1967 No 128 s 9 4: General functions of Society 1: The general functions of the Society shall be— a: To promote the interests of the legal profession and the interests of the public in relation to legal matters: b: To promote and encourage proper conduct among the members of the legal profession: c: To suppress illegal, dishonourable, or improper practices by members of the legal profession: d: To preserve and maintain the integrity and status of the legal profession: e: To promote opportunities for the acquisition and diffusion of legal knowledge and skills relating to the practice of law f: To assist in and promote the reform of the law: g: To provide means for the amicable settlement of professional differences between members of the legal profession. 2: The Society shall have such other functions as are conferred on it by this or any other Act. 1955 No 101 s 114(1) Subsection (1)(e) amended 30 March 1987 Law Practitioners Amendment Act 1987 by inserting the words and skills relating to the practice of law 5: Powers of Society 1: The Society shall have all such powers, rights, and authorities as are reasonably necessary or expedient for or conducive to the exercise of any of its functions. 2: Without prejudice to subsection (1) a: To provide or arrange for the provision of services and facilities for practitioners, including seminars and educational and training services and facilities: b: To publish or arrange for the publication of such periodicals, pamphlets, or other publications as it may consider of benefit to the public or to practitioners in relation to the practice of the law and the activities of the Society or of District Law Societies: c: To oppose any application made for admission as a barrister and solicitor, or any other application made under this Act: d: To institute prosecutions against practitioners or other persons for the breach of any statute, rules, or regulations relating to the practice of the law: e: To appoint any practitioner to perform any work or services for the Society, or to appear before any court, tribunal, or other body in any of the foregoing matters or in any other matters in which the Society is concerned or interested: f: To pay all costs, witnesses' expenses, and other payments incidental to or connected with any application or proceedings to which the Society is a party or at the hearing of which it is entitled to appear: g: To pay the whole or any part of the expenses incurred by members in attending meetings of the Council of the Society or meetings of any committee appointed by the Council: h: To establish or join in establishing any body, whether incorporated or not and whether in New Zealand or elsewhere, for the purpose of the exercise of any of the Society's functions or powers: i: To act in combination or association with, or otherwise co-operate with, any person or body, whether incorporated or not, and whether in New Zealand or elsewhere, for the purpose of the exercise of any of the Society's functions or powers. 3: Without limiting paragraphs (h) (i) paragraphs (a) (e) (f) 1955 No 101 s 114(2)(d)-(h) 6: Law offices and legal advice bureaux 1: The Society may provide, whether by way of financial assistance or otherwise, for the establishment, in such localities as it may from time to time think fit, of law offices or legal advice bureaux, whether it is intended that such offices or bureaux shall be operated by a practitioner or practitioners employed by the Society, or a practitioner or firm of practitioners on his or their own account, or by members of the Society on a voluntary or rostered basis, or otherwise. 2: The Society may from time to time, as circumstances require and as it may consider necessary or desirable, maintain and operate or subsidise the maintenance and operation of such offices or bureaux to the intent that as full and proper a legal service as may be practicable shall be provided for members of the public in any such locality. 3: The Council may from time to time, in writing, grant to any body of persons operating or intending to operate a law office or legal advice bureau in any locality in which there is or (but for the office or bureau) would be an unmet legal need, or to any solicitor employed by any such body in any such office or bureau, exemption from all or any of the provisions of sections 64 66 67(1) 4: The Society may, after consultation with the body of persons concerned, impose in respect of any such exemption such conditions as the Society thinks fit, including any condition designed to ensure that, in general, the law office or legal advice bureau does not undertake any class of legal work in respect of which there is no unmet legal need in that locality. 5: The Society may at any time— a: Revoke any exemption granted under subsection (3) b: Revoke or vary any condition imposed under subsection (4) 6: In this section the expression unmet legal need 1955 No 101 s 114(2)(i) 1975 No 35 s 7 1981 No 54 s 2 7: Application of Act to law offices and legal advice bureaux 1: For the purposes of subsections (1)(b) (2) section 6 2: For the purposes of section 67(2) 3: Every person, not being a practitioner but being an operator or one of the operators of any such office or bureau, commits an offence against this Act who, without the sanction of the Court or of the New Zealand Disciplinary Tribunal, employs or permits to act as a clerk or otherwise in or about the business of the office or bureau any other person whom he knows to be under suspension from practice as a barrister or solicitor or to have had his name struck off the roll otherwise than at his own request. 4: Part 6 , sections 91I to 91N section 17(2)(e) 5: A District Council, a complaints committee, and the New Zealand Disciplinary Tribunal shall have jurisdiction under Part 7 6: For the purposes of subsection (5) subsection (2) (6) subsection (2) 7: Part 9 Subsection (4) amended 1 October 1991 Law Practitioners Amendment Act 1991 by inserting the words , sections 91I to 91N of this Act 8: Benevolent fund 1: The Society may establish a fund for the purpose of providing pecuniary and other assistance to persons in need of such assistance who are or have at any time been members or employees of the Society, or to the dependants of any such person, or to the dependants of any such member or employee who is deceased. 2: The fund shall consist of— a: Such part of its income as the Society decides from time to time to set aside for the purpose: b: Any donations, gifts, or bequests made to the Society for the purposes of the fund: c: The interest from time to time accruing from the investment of the fund: d: Any other money that may be lawfully paid into the fund. 3: The fund shall be administered by the Council on behalf of the Society. 4: All money in the fund may be invested in any manner in which trustees are for the time being authorised to invest trust funds. 5: All money that, immediately before the commencement of this Act, was standing to the credit of, or was invested on behalf of, the fund established under section 115 of the Law Practitioners Act 1955 1955 No 101 s 115 9: Levy on members 1: The Society, if authorised by its rules to do so, may by resolution of the Council impose on its members a levy or levies not exceeding in the aggregate in any year an amount equal to one-quarter of the practising fee payable for that year under section 60 2: Subject to subsection (1) a: For payment of the levy by all members, or by any specified class or classes of members, or by members practising in any specified part or parts of New Zealand: b: For the payment of different amounts by different classes of members, or by members practising in different parts of New Zealand. 3: The amount of any such levy shall be payable in such manner as the Society's rules may prescribe or authorise, and shall be recoverable on behalf of the Society as a debt due to it. 1975 No 35 s 8 10: President and other officers of Society 1: The Society shall have— a: A President: b: Such number of Vice-Presidents as is prescribed by the Society's rules: c: In such circumstances as are prescribed by the Society's rules, a President-elect: d: A Treasurer. 2: The President and the other officers referred to in subsection (1) 1955 No 101 s 117(1) 1967 No 128 s 10(3) 1970 No 74 s 2(2), (3) 11: Council 1: There shall be a Council of the Society, consisting of— a: The President, the Vice-Presidents, the President-elect (if any), and the Treasurer: b: Such number of other members, elected by District Law Societies from their own members, as is prescribed by the Society's rules. 2: Every member elected by a District Law Society shall be elected annually in such manner as is prescribed by that society's rules and shall, unless he sooner vacates office otherwise than by effluxion of time, hold office until his successor is elected. 3: Every elected member shall be eligible for re-election. 4: If at any time a District Law Society fails to elect a member, the District Council may do so in its stead, and the fact that the District Council at any time so elects shall be sufficient evidence of its authority to do so. 5: Any member of the Council who is unable to attend a meeting of the Council may by writing under his hand appoint, from among members of the District Law Society that he represents, a practitioner to act in his stead at that meeting. 6: The powers of the Council shall not be affected by any vacancy in its membership, or by any failure to elect, or any irregularity in the election of, any member of the Council. 1955 No 101 s 116 1961 No 47 s 33 1962 No 121 s 7 1963 No 95 s 2 1967 No 128 s 10(1), (2) 1970 No 74 s 2(1) 12: Management of Society by Council Subject to section 15 1955 No 101 s 119(1) 13: Powers of Council to deal with property and to invest money 1: The Council may purchase, take on lease, or otherwise acquire, sell, lease, or otherwise dispose of, and improve, manage, develop, exchange, turn to account, or otherwise deal with any real or personal property on behalf of the Society, if authorised to do so by the rules of the Society, or by a resolution passed at a general meeting of the Society. 2: The Council may invest any money of the Society in any manner in which trustees are for the time being authorised to invest trust funds. 1955 No 101 s 120 Section 13 substituted 30 March 1987 Law Practitioners Amendment Act 1987 14: Power of Council to borrow money The Council may borrow money required for the purposes of the Society; and, for the purposes of securing any money so borrowed, may mortgage, charge, or pledge any right, title, estate, or interest in any real or personal property vested in the Society. 1955 No 101 s 120A 1961 No 47 s 34 15: Committees and other bodies 1: The Council may from time to time appoint an executive committee consisting of members of the Council. 2: The Council may also from time to time appoint any standing or special committee, or any other body, with such name as the Council may determine; and any person may be appointed to any such committee or body, whether or not he is a practitioner. 3: The Council, or the President or a Vice-President of the Society acting on behalf of the Council, may from time to time refer any matter to any committee or body appointed under this section for consideration or inquiry or management. 4: The Council may from time to time delegate to any such committee or body any of the Council's powers and functions other than the power to borrow money, the power to make rules, and this power of delegation. 5: A committee or body to which any delegation is made under this section may, without confirmation by the Council but subject to any general or special directions of the Council, exercise or perform the delegated powers or functions in like manner and with the same effect as the Council could itself have exercised or performed them. 6: Any delegation under this section may at any time be revoked or varied by the Council; and no such delegation shall prevent the exercise of any power or function by the Council. 7: Until any such delegation is revoked, it shall continue in force according to its tenor. 1955 No 101 s 119(2) 16: Power of Council to elect honorary or associate members 1: The Council may from time to time elect any person to be an honorary member or an associate member of the Society in accordance with the Society's rules. 2: No honorary member or associate member shall be eligible for election as an officer of the Society or a member of the Council, or entitled to vote at any meeting of the Society. 17: Council may make rules 1: The Council may from time to time make rules providing for the regulation and good government of the Society and its members and its affairs, and also making any provision that may be necessary or desirable for the effective exercise of the Society's functions and powers. 2: Without prejudice to subsection (1) a: Prescribing the number of Vice-Presidents of the Society; prescribing the circumstances in which a President-elect shall be elected and shall take office as President; prescribing the number of members of the Council to be elected by District Law Societies; and prescribing the manner and times of electing the President, Vice-Presidents, President-elect, Treasurer, and other members of the Council, the period or periods of their continuance in office, the manner in which any member of the Council may vacate office, and the manner and time in which any vacancy, however occurring, shall be filled: b: Providing for and regulating the holding of meetings of the Council, and prescribing the quorum and the procedure at meetings: c: Providing for the convening of general meetings of the Society and prescribing the procedure at such meetings: d: Regulating in respect of any matters the professional practice, conduct, and discipline of practitioners: e: Regulating the keeping of trust accounts by solicitors, and the receipt, banking, payment, investment, and recording of money entrusted to solicitors; and requiring the keeping of registers of property, authorities, and appointments held by solicitors: ea: Requiring that a solicitor who intends to set up on his or her own account, or who manages or administers trust accounts, must undertake training in trust account management and in the obligations of solicitors in relation to trust accounts. Such rules may, without limitation,— i: Provide that the training must be undertaken at specified times or frequencies, or in specified circumstances: ii: Require that a particular course or courses be undertaken, or (in addition, or as an alternative) require that the training comply with specified requirements or be provided by a particular agency or agencies: iii: Provide that satisfactory results from assessment or examination be required as part of the training: iv: Exempt, or provide for the exemption of, any solicitor or class of solicitor from all or any rules made under this paragraph: v: Provide that fees may be charged to any person applying for or undertaking the training required by rules made under this paragraph: f: Prescribing the duties of persons appointed to conduct examinations of solicitors' accounts under section 85 fa: Requiring that holders of practising certificates, or any class of holders of practising certificates, undertake ongoing legal education relating to the law or the practice of law. Such rules may, without limitation,— i: Provide for the times or frequencies at which the legal education must be undertaken, and the topics to be addressed: ii: Require that particular legal education be undertaken, or (in addition, or as an alternative) require that the legal education comply with specified requirements: iii: Exempt, or provide for the exemption of, any holder or class of holder of a practising certificate, from all or any rules made under this paragraph: iv: Provide that fees may be charged to any person applying for or receiving legal education required by rules made under this paragraph: g: Regulating the formation, operation, management, and winding up of solicitors' nominee companies for the investment of money in contributory mortgages or other securities on behalf of clients: h: Empowering the Council to give rulings in respect of the application of any rules under this section and requiring the observance of such rulings by practitioners: i: Prescribing offences in respect of the contravention of or non-compliance with any rules made under this section, and the amounts of the fines that may be imposed by the Society in respect of any such offences, not exceeding,— i: In respect of any offence against a rule made under any of the provisions of paragraphs (d) to (h) ii: In respect of any offence against a rule made under any provision of this section (other than a provision of paragraphs (d) to (h) j: Providing for the recovery, as a debt due to the Society, of any fine imposed by the Society under a rule made under this section. 3: The Council may also make rules— a: Requiring practitioners or any class of practitioners to arrange, in such manner and for such minimum amounts as may be prescribed in the rules, indemnity against liability to pay claims made against them in respect of anything done or omitted to be done by them as practitioners: b: For the purpose of providing such indemnity, authorising or requiring the Council to do either or both of the following things: i: To establish and maintain such fund or funds that may be disbursed in such manner as may be provided in the rules: ii: To take out and maintain insurance with authorised insurers as agents for practitioners. 4: Without prejudice to the generality of subsection (3) a: Specify the terms and conditions on which indemnity is to be available, and any circumstances in which the right to it is to be excluded or modified: b: Provide for the management, administration, and protection of any fund maintained by virtue of paragraph (b)(i) c: Require practitioners or any class of practitioners to make payments by way of premium on any insurance policy maintained by the Council by virtue of paragraph (b)(ii) d: Authorise the Council to determine the amount of any payments required by the rules, subject to such limits or in accordance with such provisions as may be prescribed by the rules: e: Require practitioners to supply to the Council from time to time such information and statistics as may be necessary for the purposes of that subsection: f: Authorise the Council to enter into contracts of reinsurance for the purposes of any scheme under that subsection: g: Specify circumstances in which, where a practitioner for whom indemnity is provided has failed to comply with the rules, the Council or insurers may take proceedings against him in respect of sums paid by way of indemnity in connection with a matter in relation to which he has so failed to comply: h: Specify circumstances in which practitioners or any class of practitioners are exempt from the rules or any provision of them: i: Empower the Council to take such reasonable steps as it considers necessary or desirable to ascertain whether or not the rules are being complied with: j: Make such incidental, procedural, or supplementary provisions as are necessary to give full effect to that subsection. 5: No rule made under this section in respect of any matter shall be held to be invalid on the ground that power is conferred by some other provision of this Act to make a regulation in respect of that matter; but so far as any such rule conflicts with any regulation so made it shall be read subject to that regulation. 1955 No 101 ss 100(1)(d), 118, 121 Subsection (2)(e) substituted 1 July 1994 2(1) Law Practitioners Amendment Act 1994 Subsection (2)(ea) inserted 7 May 1999 2(1) Law Practitioners Amendment Act 1999 Subsection (2)(fa) inserted 7 May 1999 2(2) Law Practitioners Amendment Act 1999 Subsection (2)(i) substituted (2)(j) inserted 1 July 1994 2(2) Law Practitioners Amendment Act 1994 District Law Societies 18: Constitution of existing District Law Societies 1: All District Law Societies constituted under the Law Practitioners Act 1955 2: Any such society may at any time, by resolution passed at a general meeting, change its name from The Law Society of the District of [ Name of District The [ Name of District 1955 No 101 s 101 19: Formation of new District Law Societies 1: The practitioners who have their places of business, or, if they are practising in more than one district, their principal places of business, within any proposed district (not comprising the whole of any then existing district) and who are present at a meeting duly convened in accordance with subsection (4) The [ Name of District 2: Every such resolution shall be published in the Gazette 3: On the publication of the resolution, the District Law Society shall be deemed to be constituted; and all practitioners then having their places of business, or, if they are practising in more than one district, their principal places of business, within the new district, and all practitioners thereafter becoming members pursuant to section 23 4: For the purposes of subsection (1) a: A circular signed by any 2 or more practitioners entitled to attend the meeting, stating the purpose for which it is to be held and the time and place for holding it, is delivered or sent by post to every such practitioner at least 7 clear days before the day named in the circular as the day of the meeting; and b: Notice of the meeting is also given by advertisement in a newspaper circulating in the proposed district. 5: The accidental omission to deliver or send the circular to any one or more of the practitioners shall not render the proceedings at any such meeting invalid. 6: No business of any kind shall be transacted at any such meeting or at any adjournment of it unless at least one-third of all practitioners entitled to attend are present or are represented by proxies appointed in writing under their hands. 7: The practitioners present at any such meeting or at any adjournment of it may elect a President, a Vice-President, and members of a Council of the society of the new district, and such other officers as are considered expedient; and may also make rules for the new society, which shall have effect as if they had been made by the society under section 27 8: The persons so elected shall assume office, and the rules so made shall come into force, as soon as the society is deemed to be constituted. 1955 No 101 s 102 20: Alteration of districts 1: Subject to subsection (2) 2: No such agreement shall come into force until— a: Every District Law Society having the boundaries of its district affected by the agreement has ratified it by a resolution passed at a general meeting of the society; and b: A copy of the agreement, together with notice of every such ratification, has been published in the Gazette 3: On such publication, the agreement shall have effect to alter the boundaries between the districts according to its tenor as from the date of publication or such later date as may be specified in the agreement. 1955 No 101 s 103 21: Amalgamation of districts 1: Subject to subsections (2) (3) 2: No such agreement shall come into force until— a: Every participating society has ratified it by resolution passed at a general meeting of the society; and b: A copy of the agreement, together with notice of every such ratification, has been published in the Gazette 3: Every such agreement shall make provision for— a: The transfer to one of the participating societies (in this section referred to as the continuing society) of the property and liabilities of the other or others of the participating societies; and b: The dissolution, without any further formal act, of each of the participating societies, other than the continuing society; and c: The continuation or alteration, as the case may be, of the name of the continuing society; and d: Such alterations (if any) of the rules of the continuing society as are necessary or desirable to ensure that the amalgamation shall be fully and effectively carried out and as may be lawfully made under section 27 e: All such incidental, consequential, and supplementary matters as are necessary or desirable to ensure that the amalgamation shall be fully and effectively carried out. 4: In this section the term property liabilities 5: On publication in accordance with subsection (2)(b) section 23 1955 No 101 s 103A 1975 No 35 s 6 21A: Change of name of District Law Society 1: A District Law Society may, with the prior consent of the Council of the New Zealand Law Society, change its name by passing a resolution at a general meeting changing the society's name to such new name as is specified in the resolution. 2: Where a resolution to which subsection (1) 3: On such publication, the resolution shall have effect to change the name of the District Law Society as from the date of publication or such later date as may be specified in the resolution. 4: A change of name by a District Law Society under this section shall not affect any rights or obligations of the society or any of its members, or render defective any legal proceedings by or against the society, and any legal proceedings that might have been continued or commenced against it by its former name may be continued or commenced against it by its new name. Section 21A inserted 29 April 1993 Law Practitioners Amendment Act 1993 22: District Law Societies to be bodies corporate 1: Every District Law Society shall be a body corporate, with perpetual succession and a common seal, and shall be capable of holding real and personal property and of doing and suffering all that bodies corporate may do and suffer. 2: The seal of each District Law Society shall be such as its Council from time to time determines, and shall not be affixed to any document except in the presence of 3 members of that Council, who shall attest the execution of the document accordingly. 1955 No 101 s 104 23: Membership of District Law Societies 1: Subject to section 24 2: For the purposes of subsection (1) 3: Every member of a District Law Society who ceases to be the holder of a current practising certificate shall thereupon cease to be a member of that society, unless he retains his membership in accordance with subsection (4) 4: Any person who, not being the holder of a current practising certificate, is for the time being enrolled as a barrister and solicitor may, in accordance with the rules of any District Law Society, be retained or admitted as a member of that society. 5: If a member of a District Law Society is suspended from practice as both a barrister and a solicitor, he shall thereupon cease to be a member of that society during the period of his suspension. 6: If a member of a District Law Society has his name struck off or removed from the roll, he shall forthwith cease to be a member of that society. 1955 No 101 ss 105, 106 1967 No 128 s 7(1) 24: District Council may exempt person from membership on conscientious grounds 1: In this section the expression conscientious belief 2: If any person objects on the grounds of conscientious belief to being a member of a District Law Society, he may apply to the District Council for exemption from membership of the society. 3: If, after giving the applicant a reasonable opportunity to be heard or to make representations, the District Council is satisfied that the applicant's conscientious belief is genuine, it may exempt him from membership of the society subject to such conditions, whether as to the observance of any of the society's rules or otherwise, as the District Council thinks fit; and, while any such exemption continues and all conditions governing it are complied with, the person to whom it is granted shall not be a member of the District Law Society. 4: The granting of any such exemption shall not relieve the person exempted from— a: Liability to pay any levy under this Part or Part 9 10 b: Liability to any penalty for a breach of the rules of the society of which he would, but for the exemption, be a member, so far as those rules are not excluded by the conditions of the exemption; and any such rules not so excluded shall apply to him as if he were a member. 5: Nothing in this section shall affect Part 7 1955 No 101 s 105(1) 25: Annual levy on members 1: Any District Law Society, if authorised by its rules to do so, may by resolution impose on its members a levy or levies not exceeding in the aggregate in any year such sum as it may from time to time determine in accordance with its rules for each member. 2: Any resolution under this section may provide— a: For payment of the levy by all members, or by any specified class or classes of members, or by members practising in any specified part or parts of the society's district: b: For the payment of different amounts by different classes of members or by members practising in different parts of the society's district. 3: The amount of any such levy shall be payable in such manner as the society's rules may prescribe or authorise, and shall be recoverable on behalf of the District Law Society as a debt due to it. 1955 No 101 s 107 1964 No 97 s 2 26: Functions and powers of District Law Societies 1: Subject to this Act and to the rules of the New Zealand Law Society, every District Law Society shall have within its district the same functions and powers as the New Zealand Law Society has under this Part of this Act, except the power to impose levies under section 9 2: Every District Law Society shall also have the function of providing and maintaining law libraries in such towns in its district as the District Council directs. 3: Every such library shall be for the use of the High Court and such other Courts as the District Council directs, and of practitioners, and shall be managed as the District Council directs. 1955 No 101 s 108(1), (2) 27: Rules 1: Subject to the rules of the New Zealand Law Society, every District Law Society may from time to time make rules for that District Law Society for any of the purposes for which rules can be made for the New Zealand Law Society under section 17 paragraphs (d) to (g) subsection (3) 2: All rules made under this section shall, subject to the rules of the New Zealand Law Society, have effect according to their tenor in respect of that District Law Society. 1955 No 101 s 109 28: Officers and Council 1: Every District Law Society shall have a Council consisting of a President of the society, a Vice-President of the society, and such number of other members as is prescribed by the society's rules. 2: Every District Law Society may also have such other officers, whether members of the Council or not, as may be so prescribed. 3: The President, Vice-President, members of the Council, and other officers shall be elected or appointed in such manner as is so prescribed. 1955 No 101 s 110 1967 No 128 s 8 29: Powers of District Council The Council of every District Law Society shall, subject to this Act and to the society's rules, have in respect of that society the same powers (except the powers to impose levies and to make rules) as the Council of the New Zealand Law Society has in respect of the Society under this Part of this Act. 1955 No 101 s 111 30: Appeals from District Law Societies 1: Any member of a District Law Society who is aggrieved by the decision of that society or of the District Council in any matter affecting himself may appeal from that decision to the Council of the New Zealand Law Society. 2: The Council of the New Zealand Law Society shall hear and consider the appeal in such manner as it directs, and may, after giving the appellant a reasonable opportunity to be heard or to make representations, confirm, reverse, or modify the decision appealed against. 3: The decision of the Council of the New Zealand Law Society shall be final and conclusive. 4: Nothing in this section shall apply to any decision of a District Law Society or District Council under Part 7 1955 No 101 s 112 2: The Council of Legal Education 31: Constitution of Council of Legal Education 1: There shall continue to be a Council of Legal Education. 2: The Council shall comprise— a: Two Judges of the High Court, nominated by the Chief Justice: b: A District Court Judge, nominated by the Chief District Court Judge: c: Five members nominated by the New Zealand Law Society: d: The Dean of the Faculty or School of Law of each of the following Universities, namely, the University of Auckland, the University of Waikato, Victoria University of Wellington, the University of Canterbury, and the University of Otago: e: Two members nominated by the Council of the New Zealand Law Students' Association Incorporated: f: One member (not being a practitioner or a law student) nominated by the Minister of Justice: g: Not more than one member nominated by the Council. 3: All members of the Council other than those referred to in subsection (2)(d) This section was substituted 31A 31B inserted 23 July 1990 50(1) Education Amendment Act 1990 31A: Council to have powers of natural person 1: The Council is a body corporate, with perpetual succession and a common seal, and, except as provided in this Act, has— a: All the rights, powers, and privileges of a natural person; and b: The power to do any other thing it is authorised to do by— i: This Act; or ii: Any other enactment; or iii: Any rule of law. 2: The Council shall not exercise any of its rights, powers, or privileges except for the purpose of performing its functions. 3: Sections 153 to 156 Crown Entities Act 2004 Section 31 substituted 31A 31B inserted 23 July 1990 50(1) Education Amendment Act 1990 Subsection (3) substituted 21 December 1992 42 Public Finance Amendment Act 1992 Subsection (3) substituted 25 January 2005 37(1) Public Finance Amendment Act 2004 31B: Personal liability No member of the Council is personally liable for any act done or omitted by the member, or the Council,— a: In good faith; and b: In pursuance or intended pursuance of the Council's functions. Section 31 substituted 31A 31B inserted 23 July 1990 50(1) Education Amendment Act 1990 32: Terms of office 1: Every appointed member of the Council shall hold office for a term of not more than 2: Notwithstanding anything in subsection (1) section 31(2)(e) 3: Unless he sooner vacates his office under section 33 section 31(3) 1961 No 47 s 4 Subsection (1) amended 23 July 1990 50(1) Education Amendment Act 1990 by substituting the words term of not more than term of 33: Casual vacancies 1: Any appointed member of the Council may at any time resign his office by writing addressed to the Chairman or Secretary of the Council. 2: If any appointed member dies or resigns, his office shall become vacant and the vacancy shall be deemed to be a casual vacancy. 3: Every casual vacancy in the office of an appointed member, other than a member nominated under section 31(3) 1961 No 47 s 5 Subsection (3) amended 23 July 1990 50(1) Education Amendment Act 1990 by omitting the words ; and the member so appointed shall hold office for the residue of the term for which his predecessor was appointed 34: Proceedings not affected by vacancies, etc No act or proceeding of the Council, or of any committee of the Council, or of any person acting as a member of the Council or any such committee, shall be invalidated merely because of a vacancy in the number of the Council or committee at the time of the act or proceeding, or of the subsequent discovery that there was some defect in the appointment of any person so acting, or that he was incapable of being or had ceased to be such a member. 1961 No 47 s 6 35: Appointment of Chairman 1: Subject to subsection (2) 2: If the Chief Justice is a member, he shall be the Chairman unless he otherwise determines. 3: If the Chairman is an appointed member (other than the Chief Justice), he shall hold the office of Chairman while he remains in office as an appointed member, unless he sooner resigns the office of Chairman. 4: If the Chief Justice is the Chairman, he shall vacate that office if he ceases to be a member of the Council or determines that he shall cease to be the Chairman. 5: If the Chairman is not an appointed member, he shall hold that office for such period as the Council shall determine or until he sooner ceases to be a member or resigns the office of Chairman. 1961 No 47 s 7 36: Meetings 1: Meetings of the Council shall be held at least once in each year and at such times and places as the Chairman or the Council determines. 2: At any meeting of the Council, a quorum shall consist of any 8 3: Any member who is unable to be present at a meeting of the Council or any committee of the Council may appoint some other person to attend in his place. 4: The fact that any person so attends shall be sufficient evidence of his authority to do so; and, while attending, he shall be deemed to be a member of the Council. 5: The Chairman shall preside at every meeting of the Council at which he is present. 6: If at any meeting the Chairman is not present or there is no Chairman, the Council may appoint some member present to act as Chairman for that meeting; and the person so appointed shall in respect of that meeting have all the powers of the Chairman. 7: At any meeting of the Council, the person presiding shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote. 8: Every question before the Council shall be decided by a majority of the valid votes recorded on the question. 9: A resolution signed by all the members of the Council for the time being present in New Zealand and not incapacitated by disability from attending a meeting shall be as valid and effectual as if it had been passed at a duly constituted meeting of the Council; but the Chairman shall report to the Council every resolution so signed since its previous meeting, and lay before it a copy of every such resolution. 10: Except as expressly provided in this Act, the Council may determine its own procedure. 1961 No 47 s 8 Subsection (2) amended 23 July 1990 50(1) Education Amendment Act 1990 by substituting the expression 8 7 37: Special meetings 1: The Chairman of the Council shall call a special meeting of the Council on the requisition in writing of any 3 members. 2: Notice of the meeting shall be posted to each member at his usual address at least 7 clear days before the date of the meeting. 1961 No 47 s 9 38: Functions and powers 1: The functions and powers of the Council shall be— a: Subject to this Act, to define and prescribe, from time to time and as it thinks fit, the courses of study for— i: The examinations in general knowledge and law, and the other qualifications (if any), additional to those prescribed by this Act, required by candidates for admission as barristers and solicitors of the Court (including qualifications as to practical training and experience); and ii: The examinations, and the other qualifications (if any), required by people who want recognised legal training otherwise than as a barrister or solicitor (including qualifications as to practical training and experience): b: To arrange the provision of those courses of study: c: Subject to this Act, to grant to any candidate for admission as a barrister and solicitor such credits (whether ad eundem d: To encourage, and where the Council thinks it necessary or appropriate, to arrange provision for, research and post-graduate study: e: To tender advice to the Council of any University on any matter relating to legal education: f: To inquire into, consider, and report to the Minister of Justice on any matter relating to legal education as the Minister may from time to time require: g: Subject to this Act and any other Act, to do whatever it considers necessary or expedient in order that it may best accomplish the purposes for which it exists. 2: Without limiting subsection (1) paragraph (c) 3: The Council may charge any person or organisation any reasonable fees it thinks fit in respect of— a: Any matter the person or organisation submits to the Council for its consideration: b: Any work or services the Council has done or performed for the person or organisation: c: Enrolling for or sitting any examination conducted or proposed to be conducted by or on behalf of the Council. 1961 No 47 s 10 1970 No 74 s 3 Subsection (1)(a) substituted 23 July 1990 50(1) Education Amendment Act 1990 Subsection (3) inserted 23 July 1990 50(1) Education Amendment Act 1990 39: Regulations 1: Subject to this Act, the Council may from time to time make such regulations as may be necessary or expedient in respect of— a: Any course of study and the practical training and experience of candidates for admission as barristers and solicitors of the Court: b: Any matters which by this Act are required or permitted to be prescribed, or with respect to which regulations are necessary or expedient for giving effect to the provisions of this Act, in relation to legal education. 2: Without limiting subsection (1) 3: All such regulations shall have effect according to their tenor, and shall be published by the Council. 4: A copy of any such regulation certified by the Chairman of the Council shall be sufficient evidence of it in all courts. 5: For the purposes of this section, notice shall be taken judicially, without further proof, of the appointment or right to the office of the Chairman and his signature. 1961 No 47 s 11 40: Power to appoint committees 1: The Council may from time to time appoint standing or special committees, and may refer to any such committee any matters for consideration or inquiry or management. 2: The Council may from time to time delegate any of its powers and functions (including any powers and functions which it has by delegation from any other body or person, but not including this power of delegation, and not including the power to make regulations) to any such committee or to any person. 3: A committee to which or a person to whom any delegation is made under this section may, without confirmation by the Council, exercise or perform the delegated powers or functions in the same manner and with the same effect as the Council could itself have exercised or performed them. 4: It shall not be necessary for any person who is appointed to be a member of any such committee or to whom any delegation is made to be a member of the Council. 5: The Council may, with the consent of the Council of any University in New Zealand, delegate to the Council of that University any of the powers and functions of the Council, other than the power to make regulations, together with power to subdelegate the same. 6: Every delegation under this section shall be revocable at will; and no such delegation shall prevent the exercise of any power or function by the maker of the delegation. 7: Until any such delegation is revoked, it shall continue in force according to its tenor. 1961 No 47 s 12 41: Remuneration and travelling allowances The members of the Council, and the members of any committee appointed by the Council, shall be paid such fees, salaries, and allowances, and such travelling allowances and expenses, as the Council from time to time determines with the approval of the Minister. Sections 41 42 substituted 42A to 42K inserted 23 July 1990 50(1) Education Amendment Act 1990 42: Employees 1: The Council may appoint any employees it thinks necessary for the efficient performance of its functions. 2: Subject to the employee's terms and conditions of employment, the Council may at any time terminate or suspend the employment of any employee. 3: Employees appointed under subsection (1) 4: Any determination under subsection (3) 5: If no day is specified, the determination shall take effect on the date it is made. Sections 41 42 substituted 42A to 42K inserted 23 July 1990 50(1) Education Amendment Act 1990 42A: Personnel policy 1: The Council shall operate a personnel policy that complies with the principle of being a good employer. 2: For the purposes of this clause, a 'good employer' is an employer that operates a personnel policy containing provisions generally accepted as necessary for the fair and proper treatment of employees in all aspects of their employment, including provisions requiring— a: Good and safe working conditions; and b: An equal employment opportunities programme; and c: The impartial selection of suitably qualified people for appointment; and d: Recognition of— i: The aims and aspirations of Maori; and ii: The employment requirements of Maori; and iii: The need for greater involvement of Maori as employees of the employer operating the policy; and e: Opportunities for the enhancement of the abilities of individual employees; and f: Recognition of the aims and aspirations, and the cultural differences, of ethnic or minority groups; and g: Recognition of the employment requirements of women; and h: Recognition of the employment requirements of people with disabilities. Sections 41 42 substituted 42A to 42K inserted 23 July 1990 50(1) Education Amendment Act 1990 42B: Equal employment opportunities programme 1: The Council— a: Shall each year develop and publish an equal employment opportunities programme: b: Shall each year ensure that the equal employment opportunities programme for that year is complied with. 2: For the purposes of this section and section 42A 3: The Council shall include in every annual report a statement of the extent to which its equal employment opportunities programme for the year to which the report relates was complied with. Sections 41 42 substituted 42A to 42K inserted 23 July 1990 50(1) Education Amendment Act 1990 42C: Superannuation or retiring allowances 1: For the purpose of providing a superannuation fund or retiring allowance for any of the employees of the Council, sums by way of subsidy may from time to time be paid into any scheme under the National Provident Fund Act 1950 2: Notwithstanding anything in this Act, any person who, immediately before becoming an employee of the Council, was a contributor to the Government Superannuation Fund under Part 2 2A Government Superannuation Fund Act 1956 Government Superannuation Fund Act 1956 3: Subject to the Government Superannuation Fund Act 1956 subsection (2) 4: For the purposes of applying the Government Superannuation Fund Act 1956 subsection (2) controlling authority Sections 41 42 substituted 42A to 42K inserted 23 July 1990 50(1) Education Amendment Act 1990 42D: Crown may provide services for Council The Crown, acting through any department of State, may from time to time, at the request of the Council, execute any work or enter into any arrangements for the execution or provision by the department for the Council of any work or service, or for the supply to the Council of any goods, stores, or equipment, on and subject to any terms and conditions agreed between the Council and the department's chief executive. Sections 41 42 substituted 42A to 42K inserted 23 July 1990 50(1) Education Amendment Act 1990 42E: Application of certain Acts to members and employees No person shall be deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 Government Superannuation Fund Act 1956 section 42 Sections 41 42 substituted 42A to 42K inserted 23 July 1990 50(1) Education Amendment Act 1990 42F: Funds of Council The Council's funds comprise— a: All money appropriated by Parliament for the purposes of the Council and paid to the Council for the purposes of the Council: b: All other money lawfully received by the Council for the purposes of the Council: c: All accumulations of income derived from any such money. Sections 41 42 substituted 42A to 42K inserted 23 July 1990 50(1) Education Amendment Act 1990 42G: Bank accounts 1: The Council shall open at any bank or banks all accounts necessary for the performance of its functions. 2: All money received by the Council, or by any employee of the Council, shall, as soon as practicable after it has been received, be paid into bank accounts of the Council from time to time determined by the Council. 3: The withdrawal or payment of money from any such account shall be authorised in any manner the Council thinks fit. Sections 41 42 substituted 42A to 42K inserted 23 July 1990 50(1) Education Amendment Act 1990 42H: Investment of money Any money that belongs to the Council and that is not immediately required for expenditure by the Council may be invested subject to the restrictions in section 161 Crown Entities Act 2004 Sections 41 42 substituted 42A to 42K inserted 23 July 1990 50(1) Education Amendment Act 1990 Section 42H amended 25 January 2005 37(1) Public Finance Amendment Act 2004 by substituting the words subject to the restrictions in section 161 of the Crown Entities Act 2004 pursuant to section 25 of the Public Finance Act 1989 42I: Seal The common seal of the Council shall be judicially noticed in all Courts for all purposes. Sections 41 42 substituted 42A to 42K inserted 23 July 1990 50(1) Education Amendment Act 1990 42J: Exemption from income tax The income of the Council is exempt from income tax. Sections 41 42 substituted 42A to 42K inserted 23 July 1990 50(1) Education Amendment Act 1990 42K: Annual report 1: The Council shall in each year give the Minister a report on the operation of this Part of this Act. 2: The Council shall include in every annual report the financial statements prepared by the Council, in accordance with Part 4 Crown Entities Act 2004 3: A copy of every annual report of the Council shall be tabled in the House of Representatives in accordance with section 150(3) Crown Entities Act 2004 Sections 41 42 substituted 42A to 42K inserted 23 July 1990 50(1) Education Amendment Act 1990 Subsection (2) amended 25 January 2005 37(1) Public Finance Amendment Act 2004 by substituting the words Part 4 of the Crown Entities Act 2004 Part 5 of the Public Finance Act 1989 Subsection (3) amended 25 January 2005 37(1) Public Finance Amendment Act 2004 by substituting the words section 150(3) of the Crown Entities Act 2004 section 44 of the Public Finance Act 1989 3: Admission and Enrolment Admission of Practitioners 43: Admission as barrister and solicitor 1: Every person admitted by the Court or a Judge under this Act shall be admitted as a barrister and solicitor of the Court; and no person shall be admitted as a barrister or solicitor only. 2: Every practitioner admitted only as a barrister of the Court before the commencement of this Act shall be deemed on that commencement to have been admitted as a barrister and solicitor and, subject to this Act and to any order made under it, shall in addition to his right to practise as a barrister be entitled to practise as a solicitor. 3: Every practitioner admitted only as a solicitor of the Court before the commencement of this Act shall be deemed on that commencement to have been admitted as a barrister and solicitor and, subject to this Act and to any order made under it, shall in addition to his right to practise as a solicitor be entitled to practise as a barrister and, in his capacity as such, to all the rights, powers, and privileges of a barrister. 4: Subject to this Act and to any order made under it, and to the express provisions of any other enactment, every practitioner shall be entitled while his qualification continues to practise in or before any court or tribunal. 44: Qualifications 1: A person is qualified for admission as a barrister and solicitor if he or she is in at least 1 of the categories in this section. 2: The first category is persons who— a: Are at least 20 years old; and b: Have passed, or been credited with passing, the examination in general knowledge and law prescribed by the Council of Legal Education; and c: Have all the other qualifications for admission (if any) prescribed by the Council of Legal Education. 3: The second category is persons who— a: Are at least 20 years old; and b: Have been admitted as a barrister, solicitor, advocate, or attorney by a superior court in any other country; and c: Comply with the conditions, hold the qualifications, and pass the examinations required by the Council of the New Zealand Law Society in consultation with the Council of Legal Education. 4: The third category is persons who have been issued with a certificate by a Registrar stating that the candidate has given notice under section 19 Trans-Tasman Mutual Recognition Act 1997 Section 44 substituted 1 May 1998 88(1) Trans-Tasman Mutual Recognition Act 1997 See clause 2 Trans-Tasman Mutual Recognition Act Commencement Order 1998 45: Evidence of examinations 1: A certificate signed by the Registrar, Deputy Registrar, or Assistant Registrar of any University in New Zealand, or by the Secretary of the Council of Legal Education, that a candidate has passed or been credited with passing the appropriate prescribed examination shall be sufficient evidence of that fact. 2: For the purposes of this section, notice shall be taken judicially, without further proof, of the appointment and signature of every such Registrar, Deputy Registrar, Assistant Registrar, and Secretary. 1955 No 101 s 8 1961 No 47 s 17 46: Admission 1: A candidate seeking admission on the ground that he or she is qualified under section 44(2) 44(3) 2: The Court or a Judge must make an order admitting the candidate as a barrister and solicitor of the Court if— a: The Court or Judge is satisfied that the candidate— i: Is qualified for admission under section 44(2) 44(3) ii: Is of good character and a fit and proper person to be admitted; and b: The candidate has taken the following oath: I, AB, swear that I will truly and honestly conduct myself in the practice of a barrister and solicitor according to the best of my knowledge and ability. 3: A candidate seeking admission on the ground that he or she is qualified under section 44(4) 4: The Court or a Judge must make an order admitting the candidate as a barrister and solicitor of the Court if the Court or Judge is satisfied that the candidate is qualified for admission under section 44(4) Section 46 substituted 1 May 1998 88(2) Trans-Tasman Mutual Recognition Act 1997 See clause 2 Trans-Tasman Mutual Recognition Act Commencement Order 1998 47: Reciprocal admission 1: Where the Governor-General is satisfied— a: That the law relating to the admission of barristers or solicitors of a superior court in any Commonwealth country (other than New Zealand), or in any other common law country or state, is such as to ensure that they possess proper qualifications and competence; and b: That by the law of that Commonwealth country or other common law country or state barristers and solicitors of the High Court of New Zealand will be entitled to admission as barristers or as solicitors of that superior court on terms as favourable as those on which barristers or solicitors of that court will under this Act be entitled to admission as barristers and solicitors of the High Court of New Zealand,— he may, by Order in Council, order that barristers or solicitors of that superior court who have been in practice before that court for not less than 3 years shall, on giving due notice and the prescribed proof of their qualifications and good character, and on payment of the prescribed fees, but subject to any exceptions, conditions, and modifications specified in the order, be admitted as barristers and solicitors of the High Court of New Zealand without examination. 2: Any such order may refer to barristers only, or to solicitors only, or to barristers and solicitors, of any such Commonwealth country or other common law country or state. 3: Every person admitted under any such order shall be deemed to have been duly admitted under this Act. 4: By the same or any subsequent order, the Governor-General may provide for all matters authorised by this section to be prescribed, and for all matters necessary to give effect to the order and to this section. 1955 No 101 s 10 48: Rules of Court as to admission Rules, not inconsistent with this Act, may from time to time be made, in the manner prescribed by the Judicature Act 1908 1955 No 101 s 11 Roll of Practitioners 49: Registrar to keep roll of barristers and solicitors 1: Every Registrar shall keep in his office a roll of barristers and solicitors of the Court. 2: Every roll of barristers and every roll of solicitors kept by a Registrar at the date of the commencement of this Act shall at that date be deemed to be incorporated in and to form part of the roll of barristers and solicitors referred to in subsection (1) 1955 No 101 s 3 50: Enrolment On the making by the Court or a Judge of an order admitting any person as a barrister and solicitor, and on payment of the prescribed admission fee, the Registrar shall place that person's name on the roll. 1955 No 101 s 4 1967 No 128 s 2(a) 51: Striking off and restoration of names by order of Court or Tribunal 1: On the publication in the Gazette 2: On the publication in the Gazette 3: In each case the Registrar shall make an entry in the roll of the date and effect of the order and of the fact that it was made by the Court of Appeal or the New Zealand Disciplinary Tribunal or by the High Court on appeal from that Tribunal, as the case may require. 1955 No 101 s 5 51A: Removal from roll if deemed registration ceases in some circumstances 1: The Registrar must remove from the roll the name of a practitioner who— a: Was admitted under section 46(4) b: Had deemed registration under the Trans-Tasman Mutual Recognition Act 1997 if the Registrar receives written notice from a Registrar acting as a local registration authority that the deemed registration has ceased for a reason set out in section 28(1)(a) 28(1)(c) to (e) 2: The Registrar must cause to be published in the Gazette 3: The expenses incurred in publishing the notice must be paid by the practitioner. Section 51A inserted 1 May 1998 88(3) Trans-Tasman Mutual Recognition Act 1997 See clause 2 Trans-Tasman Mutual Recognition Act Commencement Order 1998 52: Voluntary removal of name from roll, and restoration 1: Any practitioner may at any time, with the prior consent of the Council or executive committee of the New Zealand Law Society acting with the approval of the Council of the District Law Society of which the practitioner is a member, request the Registrar to remove his name from the roll. 2: Any person whose name has been removed from the roll under this section may at any time, with the prior consent of the Council or executive committee of the New Zealand Law Society acting with the approval of the Council of the District Law Society of which he was a member at the time of such removal, request the Registrar to restore his name to the roll. 3: On being satisfied that such consent has been given, the Registrar shall— a: Remove the practitioner's name from the roll or, as the case may require, restore it to the roll; and b: Forthwith cause to be published in the Gazette 4: The expenses incurred in publishing the notice shall be paid by the practitioner. 1955 No 101 ss 38, 39, 51 Fees 53: Admission and restoration fees The Council may from time to time, with the approval of the Minister of Justice, fix fees to be paid to the Society— a: By any candidate for admission as a barrister and solicitor: b: By any person for the restoration of his name to the roll. 1955 No 101 ss 12, 40 4: Practice in the Legal Profession Commencement of Practice 54: No person to act as barrister or solicitor unless enrolled 1: No person shall act as a barrister or as a solicitor in any court who is not at the time of his so acting duly enrolled as a barrister and solicitor under or by virtue of this Act. 2: Every person who acts in contravention of this section— a: Is guilty of a contempt of the court in which he so acts; and b: Commits an offence against this Act. 1955 No 101 ss 14, 16 55: Restriction on right of practitioner to commence private practice 1: In this section the expression legal experience experience a: Experience of legal work in the office of a barrister or solicitor or firm of solicitors in active practice on his or their own account: b: Experience of legal work in any of the State services (as defined in section 2 of the State Services Act 1962 c: Experience of legal work in the office of a local authority or in the employ of a company or other body whether incorporated or unincorporated: d: Experience of full-time law teaching in a university: e: Experience as a member of the House of Representatives;— and includes any such experience before the commencement of this Act. 2: Except with the leave of the Court given under this section, no practitioner shall commence practice as a solicitor on his own account, whether in partnership or otherwise, unless— a: During the 8 years immediately preceding the date of his so commencing practice, he has had not less than 3 years' legal experience in New Zealand; and b: He has satisfied the District Council that, having regard to the matters referred to in subsection (6) c: He has received (whether before or after the commencement of this Act), during the 3 years immediately preceding the date of his so commencing practice, adequate instruction and examination to the satisfaction of the District Council in the duties of a solicitor under this Act, and under any regulations or rules for the time being in force, relating to the audit of solicitors' trust accounts or to the receipt of money. 3: A practitioner may apply to the Court for leave to commence practice on his own account in either of the following cases: a: Where, during the 8 years immediately preceding the date of the application, he has had less than 3 years' legal experience in New Zealand but otherwise meets the requirements of subsection (2) b: Where he has failed to satisfy the District Council that he is a suitable person to practise on his own account but otherwise meets the requirements of subsection (2) 4: A copy of any application to the Court under subsection (3) 5: If, on an application under subsection (3) subsection (6) 6: The matters to which the District Council or the Court shall have regard for the purposes of subsection (2)(b) (5) a: The applicant's age: b: His experience: c: Whether or not he intends to commence practice as a member of a firm: d: The fields in which he intends to practise: e: Such other matters as the District Council or the Court thinks fit. 7: Notwithstanding anything in the foregoing provisions of this section, a practitioner may at any time commence practice as a solicitor on his own account, whether in partnership or otherwise, if, immediately before the commencement of this Act, he would have been entitled to do so under the Law Practitioners Act 1955 section 22 of that Act 8: This section shall not restrict the right of a practitioner— a: To resume practice as a solicitor, if at any time previously (whether before or after the commencement of this Act) he has lawfully practised as a solicitor on his own account: Provided that if more than 10 years have elapsed since he last practised as a solicitor he shall not be entitled to resume practice as a solicitor until he has received adequate instruction and examination to the satisfaction of the District Council in the duties referred to in subsection (2)(c) b: To act in any law office or legal advice bureau established by or with the approval of the Council of the New Zealand Law Society or a District Council pursuant to section 6 c: To act pursuant to any scheme established by a District Council for the provision of duty solicitors in respect of criminal proceedings. 9: Every practitioner who commences practice in contravention of this section commits an offence against this Act. 1955 No 101 s 22 1961 No 47 s 27 1975 No 35 s 2 Subsection (6) amended 8 March 1985 Law Practitioners Amendment Act 1985 by substituting the expression subsection 2(b) subsection 2(c) The State Services Act 1962 was repealed 1 April 1988 88(1) State Sector Act 1988 Practising Certificates 56: Practitioners not to practise without practising certificates 1: No practitioner shall act as a barrister unless he is the holder of a current practising certificate as a barrister or as a barrister and solicitor. 2: No practitioner shall act as a solicitor unless he is the holder of a current practising certificate as a solicitor or as a barrister and solicitor. 3: If a practitioner has applied for a practising certificate and has paid the prescribed fees and levies, and is otherwise entitled under this Act to the issue of the certificate, he shall until the certificate is received by him be deemed for the purposes of this Act to be the holder of a current practising certificate of the kind applied for. 4: Every practitioner who contravenes this section commits an offence against this Act. 5: No information in respect of an offence under this section shall be laid except by the President or Secretary of a District Law Society. 6: In any proceedings in respect of an offence under this section, the following shall, in the absence of proof to the contrary, be sufficient evidence that an offence has been committed: a: A certificate signed by the Secretary of the District Law Society in whose district the defendant has his principal place of business, to the effect that at the time of the alleged offence the defendant was not, and was not deemed to be, the holder of a current practising certificate as a barrister, or as a barrister and solicitor, or as a solicitor, as the case may require: b: A certificate signed by the President of the District Law Society for that district to the effect that the defendant was at the time of the alleged offence acting as a barrister, or as a solicitor, as the case may be, or holding himself out in any such capacity. 1955 No 101 s 23 57: Issue and currency of practising certificates 1: Subject to the payment of all the prescribed fees and all levies then payable by the applicant under this Act, the Secretary of a District Law Society, on application made to him for the purpose by any person whose name is on the roll and who intends to have his place of business or (where he intends to have more than one) his principal place of business in that society's district shall issue to him a certificate signed by the Secretary to the effect that he is duly enrolled as a barrister and solicitor of the Court and is entitled to practise as a barrister or as a solicitor or as both, as the case may require. 2: Subject to subsections (3) to (6) a: If it is issued before the date of the expiry of the current certificate of the same kind held by the applicant, from the 31st day of January next after the date of its issue until the 31st day of January next following: b: In any other case, on and after the date of its issue until the 31st day of January next following. 3: If the name of a practitioner is removed from or struck off the roll, every practising certificate issued to him by virtue of his being enrolled shall cease to be in force. 4: If a practitioner is suspended from practice as a barrister or as a solicitor, or as both, any practising certificate issued to him shall, so long as the suspension continues in force, be deemed to be suspended and to be not in force in respect of any capacity to which the suspension relates, unless the certificate sooner expires; and until the suspension ceases to have effect the practitioner shall not be entitled to practise in that capacity. 5: If a practitioner is adjudicated bankrupt, any practising certificate issued to him shall cease to be in force. 6: If a practising certificate is issued to a practitioner during the currency of another practising certificate of a different kind held by that practitioner, that other practising certificate shall cease to be in force when the first-mentioned practising certificate comes into force. 1955 No 101 s 24 1962 No 121 s 3 58: Withholding of practising certificate 1: Notwithstanding section 57 a: Has not at any time during the period of 2 years after his admission, or during the period of 2 years after the expiry of the last practising certificate of any kind issued to him, whichever period is the later, held a current practising certificate of any kind; or b: Is an undischarged bankrupt; or c: Has since the date of his admission or the date of the issue to him of the last practising certificate of any kind, whichever date is the later, been a patient in a hospital within the meaning of the Mental Health Act 1969 he shall give to the Secretary of the District Law Society not less than 2 months' notice of his intention to so apply. 2: The Secretary shall immediately refer the notice to the Council of the District Law Society, and shall not issue the certificate unless he is authorised by the District Council to do so. 3: The District Council may allow such shorter period of notice to be given to the Secretary under subsection (1) 4: Any period during which the practitioner has been rendering continuous service as a member of any of the Armed Forces of New Zealand shall not be taken into account in calculating the period of 2 years referred to in subsection (1)(a) 5: The District Council shall not authorise the issue of a certificate unless either— a: It is satisfied that the practitioner is of good character and is a fit and proper person to practise as a barrister or as a solicitor or as both, as the case may require; or b: It is directed by the New Zealand Disciplinary Tribunal to do so. 6: If the District Council is not satisfied as to the matters referred to in subsection (5)(a) 7: The Tribunal shall inquire into any matter so referred to it, and shall either— a: Direct the District Council to authorise the Secretary to issue the certificate; or b: Make an order prohibiting the Secretary from issuing a certificate to the practitioner, on the ground that the practitioner is not of good character or is not a fit and proper person to practise as a barrister or as a solicitor or as both, as the case may be. 8: Subject to any appeal under section 118 9: The Tribunal shall not make an order prohibiting the issue of a certificate without giving the practitioner concerned a reasonable opportunity of being heard, either in person or by counsel, in support of his application. 10: This section shall not limit or affect the powers of a District Council under section 59 1955 No 101 s 25 1975 No 35 s 3 59: Suspension from practice in cases of disability 1: If the Council of a District Law Society is satisfied that any practitioner who is practising within the society's district or is entitled and intends so to practise is, owing to physical or mental disability, incapable of performing his professional duties satisfactorily and that it is necessary in the public interest to prevent him from attempting to practise his profession, the District Council may if it thinks fit, instead of applying to the Court under section 94 a: That he shall not practise as a barrister or as a solicitor until he has satisfied the District Council that he is no longer incapacitated; and b: That he shall deposit his current practising certificate (if any) with the District Council in the meantime. 2: When it makes such an order, the District Council shall cause notice of the order to be given to the Secretary of the District Law Society; and he shall not thereafter issue a fresh certificate without the consent of the District Council. 3: Any such order may be revoked— a: By the District Council at any time; or b: By either the Council of the New Zealand Law Society or the New Zealand Disciplinary Tribunal on an appeal by the practitioner to that Council or Tribunal made within 28 days after the date on which the District Council made the order or last refused to revoke it on an application made to it by the practitioner. 4: For the purposes of this section, a District Council may at any time, if it suspects that owing to physical or mental disability a practitioner is incapable of performing his professional duties satisfactorily, require the practitioner to undergo a medical examination by a medical practitioner nominated by the District Council, the costs of which examination shall be paid by the District Law Society. 5: If the practitioner refuses or fails to comply with the District Council's requirement under subsection (4) 6: A practitioner against whom an order is made under subsection (1) 7: In subsection (4) section 114(1)(a) Health Practitioners Competence Assurance Act 2003 1955 No 101 s 25A 1961 No 47 s 28 Subsection (7) inserted 18 September 2004 175(1) Health Practitioners Competence Assurance Act 2003 See sections 178 to 227 Practising Fees 60: Practising fees 1: The Council of the New Zealand Law Society may from time to time,— a: With the approval of the Minister of Justice, fix practising fees to be paid for practising certificates as a barrister and as a solicitor and as both, and the fee to be paid to the Secretary of the District Law Society for the issue of every such certificate: b: Apportion each practising fee between the District Law Society and the New Zealand Law Society, or provide for the payment of the whole fee to either of them. 2: The District Law Society and the New Zealand Law Society shall each be entitled to receive the prescribed portion (if any) of each practising fee. 3: On application by any practitioner, the Council of the District Law Society may, if it thinks it just to do so in all the circumstances of the case, refund to him, or waive payment of, the whole or any part of its portion of the fee. 4: In this section the term District Law Society 1955 No 101 ss 26, 27 Barristers 61: Status of barristers Subject to this Act, barristers of the Court shall have all the powers, privileges, duties, and responsibilities that barristers have in England. 1955 No 101 s 13 62: Regulations as to Queen's Counsel 1: The Governor-General may from time to time, by Order in Council, make regulations prescribing— a: The method of appointment of Queen's Counsel: b: The fees to be paid by them: c: Their privileges and duties: d: The conditions on or subject to which they may be appointed or may practise their profession: e: Such other matters as may be necessary in relation to Queen's Counsel. 2: No barrister of the rank of Queen's Counsel shall practise as a solicitor, either alone or in partnership with any other practitioner, and no practising certificate as a barrister and solicitor, or as a solicitor, shall be issued to any such barrister. 1955 No 101 s 15 Solicitors 63: Offence to practise as solicitor in contravention of order of New Zealand Disciplinary Tribunal Every person commits an offence against this Act who practises as a solicitor on his own account, whether in partnership or otherwise, in contravention of any order of the New Zealand Disciplinary Tribunal under— a: Section 112(2)(c) b: Section 116(3) 1955 No 101 s 16A 1967 No 128 s 3 64: Offence for unqualified person to act as solicitor 1: Every person commits an offence against this Act who, not being duly enrolled under this Act,— a: Acts as a solicitor; or b: Holds himself out as being qualified to act as a solicitor; or c: Takes or uses any name, title, addition, or description implying or likely to lead any person to believe that he is qualified to act as a solicitor; or d: Carries on business as a solicitors' agent, or in any way advertises or holds himself out as a solicitors' agent. 2: It shall not be an offence under subsection (1)(d) a: To carry on business as a Maori agent, or to advertise or hold himself out as a Maori agent; or b: At the request of a solicitor, to act as his agent in searching any register or in filing, stamping, or registering any document, or in serving any legal process; or c: To hold himself out to solicitors, but not to the public, as an agent for any of the purposes mentioned in paragraph (b) 1955 No 101 s 17 65: Qualified persons only to act as conveyancers 1: Except as provided in subsection (2) a: Any conveyance within the meaning of the Property Law Act 1952 b: Any deed within the meaning of the Property Law Act 1952 c: Any tenancy agreement or agreement evidencing a tenancy, if— i: The tenancy is for a term of more than 12 months; or ii: Any right of renewal is conferred on the tenant by the agreement; or iii: Any charge is made directly or indirectly for the drawing or preparation of the agreement or for any other service incidental to it. 2: Subsection (1) a: Any agreement for sale and purchase of land or any interest in land or of the goodwill of a business or of chattels prepared by a real estate agent holding a licence in force under the Real Estate Agents Act 1976 b: Any transfer of shares, stocks, debentures, or chattels containing no trust or limitation thereof: c: Any conveyance, deed, or agreement that is drawn or prepared by filling in a printed form, if— i: The printed form was drawn or prepared by a person who, at the time when it was drawn or prepared, was the holder of a current practising certificate as a barrister or as a solicitor or as both; and ii: It could reasonably be expected that the form could be properly completed by the persons likely to complete it, whether or not they were holders of such certificates; and iii: No charge is made directly or indirectly for the drawing or preparation of the conveyance, deed, or agreement or for any service incidental to it. 3: Every person who contravenes this section commits an offence against this Act. 4: In this section the term printed form 1955 No 101 s 18 1962 No 121 s 2 66: Unqualified persons not to act through agency of solicitors 1: Every person commits an offence who— a: Not being duly qualified and entitled to act as a solicitor, acts in any respect as a solicitor in any action or matter or in any court in the name or through the agency of a solicitor who is entitled to practise; or b: Being under suspension from practice as a barrister or solicitor, or having had his name struck off the roll, acts without the sanction of the Court or of the New Zealand Disciplinary Tribunal, as a clerk or otherwise in or about the business of a solicitor. 2: Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 1 year or to a fine not exceeding $1,000. 1955 No 101 s 19 67: Solicitors not to act as agents for unqualified persons 1: Every solicitor is guilty of misconduct in his professional capacity who knowingly— a: Acts as agent in any action or matter or in any court for any person who to his knowledge is not duly qualified and entitled to act as a solicitor; or b: Permits or suffers his name to be made use of in any action upon the account or for the profit of any such person; or c: Except for the purposes of section 64(2)(b) d: Does any other act to enable any such person to act in any respect as a solicitor in any action or matter in any court. 2: Every solicitor is guilty of misconduct in his professional capacity who, without the sanction of the Court or of the New Zealand Disciplinary Tribunal, knowingly employs or permits to act as a clerk or otherwise in or about his business as a solicitor any person who to his knowledge— a: Is under suspension from practice as a barrister or as a solicitor; or b: Has had his name struck off the roll otherwise than at his own request. 1955 No 101 s 20 68: Solicitor not to commence or defend action if prisoner 1: No solicitor who is a prisoner within the meaning of the Corrections Act 2004 may, while the person is a prisoner 2: Every solicitor who acts in contravention of this section— a: Is guilty of a contempt of the court in which he so acts; and b: Shall also be incapable of maintaining, in his own name or in the name of any other solicitor, any action in any court for the recovery of any fee, reward, or disbursement in respect of any business, matter, or thing done by him in contravention of this section. 1955 No 101 s 21 The heading to section 68 amended 1 June 2005 206 Corrections Act 2004 by substituting the word prisoner inmate of penal institution See clause 2 Corrections Act Commencement Order 2005 Subsection (1) amended 1 June 2005 206 Corrections Act 2004 by substituting the words a prisoner within the meaning of the Corrections Act 2004 may, while the person is a prisoner an inmate of a penal institution within the meaning of the Penal Institutions Act 1954 shall, while he is such an inmate See clause 2 Corrections Act Commencement Order 2005 Appointment of Agent to Conduct Sole Solicitor's Practice 69: Interpretation 1: In sections 70 to 77 Donee Donor 2: In sections 71 to 77 power of attorney section 70 71 70: Agent to be appointed to conduct sole solicitor's practice 1: Every solicitor who, at the commencement of this Act or at any time thereafter, is in practice on his own account without partners shall, within 3 months after the date of the commencement of this Act or, as the case may require, the date of his commencing to be in practice without partners, give to some other solicitor or solicitors entitled to practise on his or their own account a power of attorney, in a form approved by the Council of the New Zealand Law Society, authorising him or them jointly or severally to exercise and perform in the donor's name, during the periods specified in subsection (3) subsection (4) 2: A power of attorney given under this section shall also appoint such a solicitor or solicitors as an alternate or alternates, who shall exercise the powers and duties of the donee in any case where the donee is for the time being unable or unwilling to act. 3: The periods for which the power of attorney shall be given are— a: Any current or future period or periods during which the donor is wholly or partially incapacitated and unable by reason of his physical or mental condition to conduct his practice; and b: Any current or future period or periods during which the donor is absent from his practice; and c: The period from the date of the donor's death until his administrator (within the meaning of the Administration Act 1969 d: If the donor is suspended from practice, then, subject to the consent of the District Council being obtained at that time to the operation of the power of attorney, any period during which he is so suspended; and e: If the donor has had his name struck off the roll, then, subject to the consent of the District Council being obtained at that time to the operation of the power of attorney, the period from the date on which the name is so struck off until the practice is lawfully disposed of. 4: Subject to section 73 a: To conduct the donor's practice; and b: To operate the donor's trust account or accounts; and c: If the case is one to which subsection (3)(e) d: To do all things necessary for or incidental to the exercise of those powers— in accordance with and subject to this Act and all rules and regulations made under this Act. 5: A power of attorney given before the date of the commencement of this Act under section 19 of the Law Practitioners Amendment Act 1961 a: To have been duly given under subsection (1) b: To extend and apply in respect of the periods specified in subsection (3) subsection (4) 6: If any solicitor to whom subsection (1) subsection (3) 7: Before a power of attorney is given under this section the written consent of the intended donee shall be obtained. 8: While the donor continues to practise on his own account without partners, neither the donor nor the President of the District Law Society (if the power of attorney was given by him) shall revoke the power of attorney unless, at the time of revocation, the donor or the President gives a power of attorney to the same or any other solicitor or solicitors in accordance with this section. 9: The powers of the donee of any power of attorney given under this section shall terminate— a: If the power of attorney is revoked under this Act; or b: If the donee is released under section 74(2) but shall not terminate by reason only of the death of the donor or his becoming of unsound mind. 10: The powers of the donee of any power of attorney given under this section shall not be exercised after the expiration of 1 year from the date of the grant in New Zealand of administration in the estate of the donor, except during such further period or periods as may be approved by the Council of the District Law Society of which the donor was a member. 11: Nothing in this Act shall prevent— a: The lawful disposal of the practice of the donor; or b: The grant by a solicitor of a power of attorney otherwise than under this Act. 12: This section shall apply notwithstanding anything to the contrary in the Property Law Act 1952 1961 No 47 s 19(1)-(3), (5), (6) 71: Powers of manager or administrator of estate of mentally disordered or deceased solicitor 1: While under the Protection of Personal and Property Rights Act 1988 2: Any such manager may at any time, with the prior consent of the Council of the District Law Society of which the donor is a member, and subject to the provisions of this Act applicable to the donor, revoke any power of attorney and give to any other solicitor or solicitors entitled to practise on his or their own account a power of attorney for the same purposes and for the same period as the donor was required to do. 3: The administrator (within the meaning of the Administration Act 1969 section 70(3)(c) 4: Sections 70 72 to 77 1961 No 47 ss 19(4), 20 72: Notice of giving of power of attorney Whenever a power of attorney is given in respect of the practice of any solicitor, the person giving it shall forthwith give notice of the fact that it has been given, the date of it, and the name and business address of the donee, to the Secretary of the District Law Society in every district in which the solicitor is practising. 73: Conditions affecting donee of power of attorney 1: This section applies whenever a power of attorney is given under section 70 71 2: The donee shall not begin to act under the power of attorney until he has— a: Produced it for the inspection of the Secretary of the District Law Society in every district in which the solicitor was practising; and b: Given a certified copy of it to every such Secretary; and c: Given notice of it to the auditor of the solicitor's trust account and to the bank where the trust account is kept. 3: All rules and regulations for the time being in force relating to solicitors' trust accounts and their audit shall apply and be observed in the name and on behalf of the solicitor as if he were personally conducting his practice. 4: 1961 No 47 s 21 Subsection (4) repealed 24 May 1999 17 Estate Duty Repeal Act 1999 74: Termination of agency 1: If a power of attorney is revoked or suspended, or if for any reason the donee of a power of attorney ceases to act under it, written notice of that fact shall forthwith be given, to the Secretary of the District Law Society in every district in which the practice was last conducted, by— a: The donor if he is capable of doing so; and b: The donee if he is capable of doing so; and c: Any other person who revokes or suspends the power of attorney. 2: If the donee of any power of attorney ceases to act under it while he is capable of so acting, he shall continue to observe and comply with the requirements of the Council of the District Law Society in every district in which the practice was conducted, and shall be personally responsible for the observance of this Act and of all rules and regulations made under this Act, until the power of attorney is revoked or suspended or the donee is released by resolution passed by every such District Council. 3: When any such District Council passes any such resolution, its Secretary shall forthwith give notice of it to— a: The auditor of the trust account of the solicitor to whose practice the power of attorney relates; and b: The bank where the trust account is kept. 4: No such release shall be given by any such District Council until it is satisfied by such proof as it requires that it is proper in all the circumstances to do so. 5: A power of attorney shall be revoked by operation of law when the solicitor to whose practice it relates commences practice in partnership with any other solicitor or solicitors. 1961 No 47 s 22 1962 No 121 s 9 75: Bank to notify closing of trust account Where— a: Under section 73(2)(c) b: That notice has not been followed by a notice under section 74(3)(b) c: The bank is requested to close any such trust account, or any such account is closed,— the bank shall forthwith notify the Secretary of the District Law Society for the district in which the trust account is kept of the request or closure. 1961 No 47 s 23 1962 No 121 s 10 76: Agent to be authorised to appoint substitute 1: A power of attorney shall include provision authorising the donee of the power of attorney to appoint a substitute. 2: Sections 70 73 to 75 77 1961 No 47 s 24 77: Practising certificates, etc 1: A donee acting under a power of attorney shall, out of the funds of the donor available to him, pay all practising fees, all contributions and levies to the Solicitors' Fidelity Guarantee Fund, and all other amounts for which the donor would have been liable under this Act if he had continued to practise as a solicitor. 2: While the donor is alive, the donee of the power of attorney shall apply for and obtain in each year the practising certificate of the solicitor to whose practice the power of attorney relates. 3: The Secretary of the District Law Society of which the solicitor to whose practice the power of attorney relates is a member is hereby empowered, subject to this Act, to issue such a certificate with the approval of the Council of the Society. 4: No practising certificate shall be issued in respect of a solicitor who has died; but while the practising fees, contributions, levies, and amounts for which he would have been liable are being paid in respect of a solicitor who has died, this Act and all rules and regulations made under this Act shall apply in respect of him as if he were living and the holder of a current practising certificate. 1961 No 47 s 25 78: Offences Without prejudice to any of the foregoing provisions of this Part of this Act, every solicitor for the time being practising on his own account without partners commits an offence against this Act if, without lawful justification or excuse, he— a: Fails to give a power of attorney in accordance with section 70 b: Revokes a power of attorney otherwise than in accordance with subsection (8) c: Fails to give a notice under section 72 79: Powers of Council or District Council not affected Nothing in sections 70 to 78 Part 5 1961 No 47 s 26 5: Intervention in Solicitor's Practice 80: Interpretation In this Part, unless the context otherwise requires,— Document a: Any paper, deed, security, or instrument (including a negotiable instrument); and b: Any postal article within the meaning of the Postal Services Act 1998 c: Any document delivered or to be delivered to a document exchange box used for the purposes of the solicitor's practice; and d: Any reproduction or copy of a document: Document: paragraph (b) amended 1 April 1998 62(1) Postal Services Act 1998 by substituting the words the Postal Services Act 1998 section 12 of the Post Office Act 1959 See clause 2 Postal Services Act Commencement Order 1998 Record a: Any file, register, ledger, book of account, or passbook, and any reproduction or copy thereof or of any entry therein; and b: Any apparatus or equipment in or on which information is recorded, stored, or embodied in any form so as to be capable of being retrieved, reproduced, or processed by any means; and c: Any material by means of which information is supplied to or derived from any such apparatus or equipment. Trust Accounts, Records, and Documents 81: Application of sections 82 to 84 Sections 82 to 84 section 82 83 a: There is reasonable cause to believe that he has been guilty of theft or of any improper conduct in relation to the money or other property of any other person; or b: There is reasonable cause to believe that any money or other property entrusted to him has been stolen by his employee or agent; or c: He is, owing to physical or mental disability, unable to properly administer his trust account; or d: He has died; or e: He has been adjudicated a bankrupt; or f: His name has been struck off the roll; or g: He has been suspended from practice; or h: He has been ordered by the New Zealand Disciplinary Tribunal not to practise as a solicitor on his own account; or i: He has ceased to practise and has neglected to wind up his trust account. 1955 No 101 ss 73(1), 74(1), 97(1) 82: Administration of solicitor's trust account by District Council 1: In any case to which this section applies, the District Council may serve on any banker of whom the solicitor is a customer a notice, signed by 2 members of the District Council, requiring the banker to pay to the District Law Society all money held by the banker in any trust account of the solicitor. 2: On receipt of the notice, the banker shall forthwith pay to the District Law Society all money held by him in any trust account of the solicitor; and the receipt of the District Law Society shall be a complete discharge to the banker from all liability in respect of the money. 3: On receipt of the money, the District Council shall forthwith cause it to be paid into a separate account at such bank as the District Council appoints; and that account may be operated on by such 2 or more persons as the District Council appoints in that behalf. 4: Where any money that was held by the solicitor on behalf of any person is paid to the District Law Society under this section, the money shall be held by the District Law Society in trust for that person. 5: Any person claiming to be adversely affected by any payment to the District Law Society under this section, and, if the money was paid from the trust account of a deceased solicitor, the executors or administrators of the deceased solicitor or any person claiming to be entitled to a grant of probate or letters of administration of his estate, may at any time apply to the Court for an order directing the District Law Society to repay the money into the bank account from which it was paid or for such order as the Court thinks fit; and, on hearing any such application, the Court may make such order as it thinks fit. 6: Subject to subsection (7) 7: If the case is one to which paragraph (a) (b) subsection (4) 1955 No 101 ss 73(1), (2), (6), (7), 74(2)-(8) 83: Council or District Council may take possession of solicitor's records and documents 1: In any case to which this section applies, the Council of the New Zealand Law Society or a District Council may, if in its opinion it is expedient to do so, take possession of any records or documents belonging to the solicitor or held in his possession or under his control in the course of his practice. 2: For the purposes of this section, the Council or District Council may serve on any postmaster a notice signed by 2 of its members requiring the postmaster to cause to be delivered to the Society or the District Law Society all postal articles addressed to the solicitor at his office address; and it shall be the duty of the postmaster to comply with the notice. 3: The Council or District Council may apply to a Judge of the High Court or a District Court Judge for a writ or warrant to empower any member of the Council or District Council, or any other person on its behalf, to enter upon any premises, by force if necessary, and search for any records or documents of which the Council or District Council is entitled to take possession and to remove them to such place as he thinks fit. 4: Where any person is empowered by a writ or warrant issued under subsection (3) 5: Where any documents belonging to any person other than the solicitor are received by the Council or District Council under this section, they shall be held by the Council receiving them until any application made under section 84 6: Thereafter, subject to any order made by the Court on such an application, the documents shall be delivered, on demand made by the person to whom they belong, to that person or to such other person as he may direct in writing. 7: For the purpose of ascertaining the true position concerning any trust account of the solicitor, or any money or other property entrusted to him, the Council or District Council may cause such entries as may be necessary to be made in any such records, or cause any entries therein to be amended. 8: The Council or District Council may at any time apply to the Court for directions concerning any such records or documents. 9: Subject to any order of the Court made under any provision of this Part of this Act and to any lawful demand made under subsection (6) 10: While any documents are in the possession of the Council or a District Council pursuant to this section, any lien or right to a lien which, but for this section, could be exercised by the solicitor shall enure for the benefit of the Council or District Council to the exclusion of the solicitor. 1955 No 101 ss 97(2), (3A), (7), (8), 97A 1962 No 121 s 5 1967 No 128 s 6 84: Notice to be given to solicitor and his partners 1: On receipt of any money or any records or documents under section 82 83 2: The notice may be served personally on any solicitor, or may be sent to him by registered letter addressed to his last known place of business or residence. 3: Within 14 days after the notice has been so served or posted, the solicitor or any partner in the firm of solicitors of which he is a member may apply to the Court for an order directing the New Zealand Law Society or the District Law Society, as the case may require,— a: To repay any money referred to in the notice into the bank account from which it was received; or b: To return any records or documents referred to in the notice to the person or persons from whom they were received,— or for such other order as the Court may think fit. 4: On hearing any such application, the Court may make such order as it thinks fit. 1955 No 101 ss 73(3)-(5), 97(4)-6) Investigations 85: Investigation of solicitor's affairs 1: The Council of the New Zealand Law Society or of any District Law Society may at any time appoint any officer or member of any such society, or a chartered accountant for the time being qualified to conduct the audit of solicitors' trust accounts, to examine from time to time the accounts of solicitors or firms of solicitors, and to furnish to it confidential reports as to any irregularity in the accounts of any solicitor or firm of solicitors that may be disclosed by any such examination, or as to any other matter that in the opinion of the person so appointed should be reported upon or further investigated. 2: Every appointment made under this section shall be in writing and shall be signed on behalf of the Council of any such Law Society by the President or any 2 members of the Council. 3: Any person for the time being holding an appointment under this section may at any time, without further authority than this section, examine the accounts of any solicitor or firm of solicitors. 4: Without limiting the generality of the foregoing provisions of this section, if the Council or District Council has reasonable cause to believe— a: That any money entrusted to a solicitor has been stolen by him or by his employee or agent; or b: That any trust account of a solicitor or firm of solicitors is not being kept or operated in accordance with any rules or regulations made under this Act and for the time being in force relating to trust accounts and the audit of such accounts; or c: That any solicitor is, owing to physical or mental disability, unable to properly administer his trust account,— any person for the time being holding an appointment under this section may at any time, acting under the general or special directions of the Council or District Council, examine the accounts of that solicitor or firm. 5: On production by any person so appointed of the instrument of his appointment, he may at any time— a: Require any solicitor or firm of solicitors, or any employee, agent, or banker of any solicitor or firm of solicitors, to produce to him all records or documents relating to the business or accounts of any solicitor or firm of solicitors, and to give all information in relation thereto that may be reasonably required by him; and b: Inspect all records and documents relating to any money received by any solicitor or firm of solicitors, or any employee, agent, or banker of any solicitor or firm of solicitors, whether the money has been paid into a private account or a trust account at a bank or has not been paid to any such account, and make copies of them or of any entries in them. 6: A person so appointed shall not communicate any matter that may come to his knowledge in the exercise of any of his powers under this section, except— a: For the purposes of his investigation; or b: In the course of any report to the Council that appointed him; or c: In evidence in proceedings before a District Council or committee or a Tribunal under Part 7 d: To a member of the Police acting in the performance of his duty; or e: In evidence in any court. 7: The Council receiving any such report shall consider it in committee and not otherwise; and it shall not be lawful for any member of that Council or any of its officers to publish to any person any information disclosed in the report except pursuant to subsection (6) (8) 8: The Council receiving any such report may in its discretion communicate the contents of it, or any part of the contents, to— a: Any solicitor to whom the report relates, or any practitioner representing that solicitor, or, if that solicitor is a partner in a firm of solicitors, to any partner in the firm: b: The auditor of the solicitor's trust account: c: The President of the New Zealand Law Society: d: A chartered accountant (within the meaning of section 19 Institute of Chartered Accountants of New Zealand Act 1996 e: Any member of the Police. 9: Nothing in this section shall prevent the Council or District Council, in its discretion, from giving to any client of a solicitor or firm of solicitors any information disclosed in any such report so far as it relates to the client's affairs and is required by the client. 10: Where the contents, or any part of the contents, of any report are disclosed to the Council of the Institute of Chartered Accountants of New Zealand under subsection (8) Institute of Chartered Accountants of New Zealand Act 1996 1955 No 101 ss 98(1), 99(1)-(3), (4), (5) 1957 No 58 s 2 Subsection (6)(c) substituted 1 October 1996 23 Institute of Chartered Accountants of New Zealand Act 1996 Subsection (8)(d) substituted 1 October 1996 23 Institute of Chartered Accountants of New Zealand Act 1996 Subsection (10) substituted 1 October 1996 23 Institute of Chartered Accountants of New Zealand Act 1996 General Provisions 86: Expenses of Council or District Council in investigating or conducting affairs of solicitor 1: The reasonable expenses of the Council or any District Council acting in the exercise of any of the powers conferred by this part of this Act in respect of any solicitor shall be recoverable from him as a debt. 2: Subject to this section, the Council or District Council may apply any money belonging to the solicitor or to which he may be entitled, being money that comes into the possession of the Council or District Council, in or towards satisfaction of those reasonable expenses; but nothing in this subsection shall affect any other remedy available to any such Council. 3: No such money shall be so applied until a notice giving particulars of the expenses claimed has been served on the solicitor or his personal representatives. 4: Any such notice may be served personally on the solicitor or any such representative, or may be forwarded to him by registered letter addressed to his last known place of business or residence. 5: Within 14 days after any such notice has been so served or posted, the solicitor or his personal representatives may apply to the Court for a review of the expenses claimed; and on hearing any such application the Court may make such order as it thinks fit. 6: In this section the term reasonable expenses 1955 No 101 s 97B 1962 No 121 s 5 87: Offences Every person commits an offence against this Act who— a: Having possession or control of any records or documents belonging to a solicitor or held in his possession or under his control in the course of his practice, refuses or fails without lawful justification or excuse to deliver them or cause them to be delivered to the Council or District Council forthwith on demand made by such Council for the purposes of section 83 b: Being required under section 85(5)(a) section 85 c: Having possession or control of any records or documents relating to any money received by a solicitor or firm of solicitors, or any employee, agent, or banker of any solicitor or firm of solicitors, refuses or fails without lawful justification or excuse to permit or enable the Council or a District Council or any person appointed under section 85 d: Wilfully acts in contravention of any provision of subsection (6) (7) (10) 1955 No 101 ss 97(3), 98(2), 99(3A), (6) 1962 No 121 s 6 6: Solicitors' Trust Accounts 88: Joint Audit Board 1: The Council may, after consultation with the Council of the Institute of Chartered Accountants of New Zealand a: This Part of this Act; and b: The regulations and rules for the time being in force under this Act relating to trust accounts and the receipt of money; and c: Part 5 2: The Board shall consist of not less than 3 and not more than 6 members, of whom— a: At least 2 but not more than 3 shall be members of the New Zealand Law Society appointed by the Council: b: Not more than 3 shall be chartered accountants (within the meaning of section 19 Institute of Chartered Accountants of New Zealand Act 1996 3: Any member of either of those societies may be so appointed, whether or not he is a member of the Council of the society. 4: The Board may from time to time appoint a chairman from among those of its members who are members of the New Zealand Law Society. 5: At any meeting of the Board, a quorum shall consist of 3 members of whom at least 2 shall be members of the New Zealand Law Society. 6: The chairman shall preside at every meeting of the Board at which he is present. 7: If at any meeting the chairman is not present or there is no chairman, the Board may appoint some other member present (being a member of the New Zealand Law Society) to act as chairman in respect of that meeting; and the person so appointed shall in respect of that meeting have all the powers of the chairman. 8: At any meeting of the Board, the person presiding shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote. 9: The Council may from time to time by resolution delegate to the Board all or any of its powers or functions under any of the provisions referred to in subsection (1) 10: Subsections (5) to (7) 11: The Board shall report on its operations to the New Zealand Law Society and to the Institute of Chartered Accountants of New Zealand 12: A resolution in writing signed by all the members of the Board for the time being shall be as valid and effectual as if it had been passed at a meeting of the Board duly convened and held. 13: Any such resolution may be embodied in several documents in like form each signed by one or more members of the Board. 14: Subject to this section and to any resolution of the Council, the Board may determine its own procedure. Subsection (1) amended 1 October 1996 23 Institute of Chartered Accountants of New Zealand Act 1996 by substituting the words Institute of Chartered Accountants of New Zealand New Zealand Society of Accountants Subsection (2)(b) substituted 1 October 1996 23 Institute of Chartered Accountants of New Zealand Act 1996 Subsection (11) amended 1 October 1996 23 Institute of Chartered Accountants of New Zealand Act 1996 by substituting the words Institute of Chartered Accountants of New Zealand New Zealand Society of Accountants 88A: Law Society inspectorate 1: The Council may establish a Law Society inspectorate which at any time shall consist of such persons as are appointed to it from time to time under subsection (2) 2: The Council may at any time, by written notice to the person and after consultation with the Joint Audit Board and such District Councils as the Council considers appropriate,— a: Appoint any person having such legal or accounting qualifications and experience as the Council considers necessary, to the Law Society inspectorate, as an inspector on such terms and conditions, including terms and conditions as to salary, fees, or expenses, as the Council considers appropriate; and b: Remove any such person from such appointment. 3: The Law Society inspectorate shall have such functions, duties, rights, and powers as may be prescribed from time to time by regulations made under section 91 4: Subject to any resolution of the Council, the Law Society inspectorate may determine its own procedure. 5: Except as otherwise expressly provided in regulations made under section 91 subsection (2) 6: A certificate signed by the Secretary to the Council to the effect that a person is an inspector of the Law Society inspectorate shall, unless the contrary is proved, be sufficient evidence that the person is such an inspector. 7: Every solicitor who is in practice on the solicitor's own account or who is employed by a solicitor who is in practice on his or her own account, on making application in any year for a practising certificate, shall, in addition to all other fees payable by the solicitor, pay such fee as may from time to time be fixed by resolution of the Council, after consultation with the Joint Audit Board, for the purposes of the Law Society inspectorate. 8: The Law Society inspectorate shall report on its operations to the Joint Audit Board at such times and in such form as may be required from time to time by the Council. This section was inserted 1 July 1994 3 Law Practitioners Amendment Act 1994 89: Solicitor to pay client's money into trust account at bank 1: All money received for or on behalf of any person by a solicitor shall be held by him exclusively for that person, to be paid to that person or as he directs, and until so paid all such money shall be paid into a bank in New Zealand to a general or separate trust account of that solicitor. 2: No such money shall be available for the payment of the debts of any other creditor of the solicitor; nor shall any such money be liable to be attached or taken in execution under the order or process of any court at the instance of any such creditor. 3: Every solicitor who knowingly acts in contravention of this section commits an offence against this Act. 4: Nothing in this section shall be construed to take away or affect any just claim or lien that any solicitor may have against any money so received by him. 1955 No 101 s 71 1961 No 47 s 32(b) 89A: Solicitor's duty to ensure that client's funds earn interest It shall be the duty of a solicitor to ensure that, wherever practicable, all money held on behalf of any person by that solicitor earns interest for the benefit of that person, unless— a: That person instructs otherwise; or b: It is not reasonable or practicable (whether because of the smallness of the amount, the shortness of the period for which the solicitor is to hold the money, or for any other reason) for the solicitor to invest the money, at the direction of that person, so that interest is payable on it for the benefit of that person. Section 89A inserted 1 October 1991 Law Practitioners Amendment Act 1991 90: Unclaimed money in trust account 1: Where the person on whose behalf any money is held in a trust account of any solicitor cannot be found and has no known agent with authority to receive the money, the solicitor may, if he thinks fit, pay the money to the Commissioner of Inland Revenue and send to the Commissioner particulars of the payment and of the person on whose behalf the money was held; and the solicitor shall thereupon be relieved from all further liability in respect of the money so paid. 2: All money paid to the Commissioner under this section shall be deemed to have been so paid as unclaimed money, and section 11 Unclaimed Money Act 1971 3: Where a solicitor has paid any money to the Commissioner of Inland Revenue under this section, the Commissioner may at any time require the solicitor or any other person to give to the Commissioner all such information as he may require in relation to the ownership of the money, including information as to the steps taken to trace the person on whose behalf the money was held. 4: Every person commits an offence against this Act who refuses or wilfully neglects to give any such information that is in his possession or control when so required, or wilfully gives any false information in answer to any such requisition. 1955 No 101 s 72 1971 No 28 14(3) (4) 91: Regulations relating to trust accounts 1: The Governor-General may from time to time by Order in Council make regulations for all or any of the following purposes: a: Regulating the use and audit of trust accounts of solicitors, and prescribing duties of solicitors in regard to trust accounts: b: Prohibiting or regulating the collection of money of a client by a solicitor or class of person connected with a solicitor: c: Regulating the lending of money of a client by a solicitor or class of person connected with a solicitor: d: Prohibiting or regulating the borrowing of money of a client by a solicitor or class of person connected with a solicitor: e: Providing for the auditing by chartered accountants or firms of chartered accountants of the trust accounts of solicitors, or (instead of such audits) the review of the controls and procedures of firms of solicitors by the Law Society inspectorate, and for reports of the results of such audits or reviews, and prescribing the principal matters to be contained in reports of the results of such audits or reviews: f: Requiring the production by a solicitor or any other person to the auditor and the Law Society inspectorate of books, documents, papers, accounts, and records (including lists of assets and liabilities of a solicitor or class of person connected with a solicitor): g: Authorising the Joint Audit Board to establish and maintain a list specifying which chartered accountants or firms of chartered accountants are permitted to audit trust accounts of solicitors and specifying any conditions and restrictions on the appointment of any chartered accountant or firm of chartered accountants named on the list; and providing for their appointment and the termination of their appointment as such auditors by Councils of District Law Societies as agents for the New Zealand Law Society: h: Providing circumstances in which chartered accountants shall be disqualified from acting as auditors of the trust accounts of solicitors; providing that the conditions of the appointment of any such auditor may include the maintenance by the auditor of adequate professional indemnity insurance; and prescribing the duties of such auditors: i: Prescribing functions, duties, rights, and powers of the Law Society inspectorate, authorising any inspector appointed to the Law Society inspectorate to delegate any function, duty, right, or power conferred on that inspector in his or her capacity as a member of the Law Society inspectorate (other than the power of delegation), and providing for payment by solicitors of fees and costs of the inspectorate: j: Authorising any auditor or the Law Society inspectorate to communicate directly with clients of solicitors and other persons for the purpose of establishing whether the regulations have been complied with: k: Prescribing the persons to whom the reports of auditors shall be sent for inspection, information, or record: l: Prescribing the persons to whom written communications between the auditor and the solicitor may be disclosed: m: Providing that a solicitor, an auditor, and the Law Society inspectorate shall be subject to an obligation not to divulge, otherwise than as prescribed, any matter of which the solicitor or the auditor or the Law Society inspectorate shall be informed in the course of an audit, review, or inspection, and shall also be subject to the like liability in damages to a client of the solicitor as the solicitor would be if the solicitor divulged any such matter: n: Prescribing fees or costs or a scale of fees or costs to be paid to auditors, or the Law Society inspectorate, or providing for the determination of the amounts of such fees or costs in such manner as may be prescribed; and providing that the Law Society inspectorate may charge fees for performing any of its functions: o: Providing that, in the absence of any agreement in writing with a client to the contrary, an auditor's fees or costs shall be paid by the solicitor: p: Providing for appeals to the Joint Audit Board in respect of fees, costs, and requirements of auditors and the Law Society inspectorate in relation to trust accounts: q: Prescribing the circumstances (if any) and the conditions subject to which, any trust account may be kept in a name other than that by which the client is usually known; and requiring trust accounts to be kept in all other circumstances in the names by which the clients are usually known: r: Requiring solicitors to keep registers of documents and information: s: Requiring solicitors, banks, and other persons to supply (either at specified times or upon request) to auditors, the Law Society inspectorate, the New Zealand Law Society, or a District Law Society such information and returns as may be necessary to ensure compliance with the regulations: t: Prescribing the powers of Councils of District Law Societies to examine persons and records in relation to trust accounts of solicitors: u: Authorising the Council (or the Joint Audit Board or any other person, with the approval of the Council) to exercise or perform any function, duty, right, or power of a District Council under any regulations made under this section or under any rules made under section 17 v: Prescribing offences in respect of the contravention of or non-compliance with any regulations made under this section, and the amounts of the fines that may be imposed in respect of any such offences, not exceeding $10,000 in respect of any offence and, where the offence is a continuing one, a further amount not exceeding $1,000 for every day on which the offence has continued: w: Generally by all such means as may be prescribed to ensure that trust accounts shall be duly kept, and that persons beneficially entitled to money and securities held by solicitors on trust shall be informed thereof and of the investment thereof. 2: In subsection (1) a: The term client b: The term class of person connected with a solicitor i: A spouse or child of the solicitor; and ii: Any nominee of the solicitor; and iii: Any company registered under the Companies Act 1955 iv: Any other incorporated or unincorporated body of which the principal financial benefit or effective control is directly or indirectly vested in the solicitor or any spouse or child or children or nominee of the solicitor. 3: In subsection (2)(b) spouse 4: Regulations made under this section shall not limit or derogate from the disciplinary powers of a Tribunal under this Act or of the Appeals Council under the Institute of Chartered Accountants of New Zealand Act 1996 5: Without prejudice to subsection (4) 1955 No 101 s 75 Subsection (1)(ia) inserted 13 March 1985 Law Practitioners Amendment (No 2) Act 1985 This section was substituted 1 July 1994 4 Law Practitioners Amendment Act 1994 Subsection (4) substituted 1 October 1996 23 Institute of Chartered Accountants of New Zealand Act 1996 6A: Interest on Solicitors' Trust Accounts Part 6A inserted 1 October 1991 Law Practitioners Amendment Act 1991 New Zealand Law Society Special Fund 91A: Interpretation In this Part of this Act, unless the context otherwise requires,— Board Legal Services Act 2000 Board: this definition was inserted 1 February 2001 128 Legal Services Act 2000 Fund Legal Services Board Board Legal Services Board or Board: this definition was repealed 1 February 2001 128 Legal Services Act 2000 Management Committee Committee New Zealand Law Foundation Foundation Nominated trust account section 91J PART 6A inserted 1 October 1991 Law Practitioners Amendment Act 1991 91B: New Zealand Law Society Special Fund 1: There is hereby established a Fund to be known as the New Zealand Law Society Special Fund. 2: The Fund shall be the property of the New Zealand Law Society and shall be held in trust for the purposes specified in this Part of this Act. PART 6A inserted 1 October 1991 Law Practitioners Amendment Act 1991 91C: Fund to be kept in separate bank account All money belonging to the Fund shall, pending its application or investment in accordance with this Part of this Act, be paid into a bank to the credit of a separate account to be called the New Zealand Law Society Special Fund Account. PART 6A inserted 1 October 1991 Law Practitioners Amendment Act 1991 91D: Money payable into Fund The Fund shall consist of— a: All sums paid to or on account of the Fund by banks in accordance with section 91M b: Any interest earned on any such money pending its application in accordance with this Part of this Act. PART 6A inserted 1 October 1991 Law Practitioners Amendment Act 1991 91E: Investment of money Any money belonging to the Fund may, pending its application in accordance with this Part of this Act, be kept in an interest-bearing account at a bank, but may not otherwise be invested. PART 6A inserted 1 October 1991 Law Practitioners Amendment Act 1991 91F: Distribution of Fund 1: Not later than 1 month before the end of each financial year of the Board, the Board shall, by notice in writing to the Council, advise the Council of the amount (in this section referred to as the specified amount to fund community law centres 2: In each financial year of the Board, on the last working day of every month, all money standing to the credit of the Fund at the close of the previous day (other than any money required to meet the costs of administering the Fund) shall be applied by the Council in accordance with the following provisions: a: The first priority of the Council, in relation to the money to which this subsection applies, shall be to pay to the Board, in that financial year, the specified amount relating to that financial year: b: any surplus money remaining after the specified amount (if any) has been paid to the Board in accordance with paragraph (a) i: for the purposes of funding law libraries, legal research, and providing practical legal training for practitioners and law students; and ii: for the purposes of funding the Council of Legal Education; and iii: for funding such other matters as are referred to in clause 12 of the deed of trust referred to in section 91A 3: The expenses involved in the administration of the Fund, including the costs of auditing the accounts of the Fund, and also including allowances to members of the Council or the Management Committee in respect of their services and their reasonable travelling expenses incurred in connection with the management of the Fund, may be paid by the Council out of the Fund. 4: 5: 6: 7: PART 6A inserted 1 October 1991 Law Practitioners Amendment Act 1991 Subsection (1) amended 1 February 2001 128 Legal Services Act 2000 by substituting the words to fund community law centres for the purposes specified in section 95(1)(e)(i) of the Legal Services Act 1991 Subsection (2)(b) substituted 1 February 2001 128 Legal Services Act 2000 Subsections (4) (7) repealed 1 February 2001 128 Legal Services Act 2000 91G: Audit of accounts 1: The accounts of the Fund shall be audited annually by a chartered accountant appointed for the purpose by the Council. 2: No person shall be so appointed unless he or she is a person authorised to audit solicitors' trust accounts in accordance with the regulations for the time being in force relating to the audit of those accounts. PART 6A inserted 1 October 1991 Law Practitioners Amendment Act 1991 91H: Council to administer Fund Subject to section 91I PART 6A inserted 1 October 1991 Law Practitioners Amendment Act 1991 91I: Management Committee 1: The Council may from time to time appoint a Management Committee of the New Zealand Law Society Special Fund, consisting of 3 persons, being members of the New Zealand Law Society. 2: Any member of the New Zealand Law Society may be appointed a member of the Management Committee, notwithstanding that he or she may not be a member of the Council. 3: The Council may from time to time by resolution delegate to the Committee all or any of its powers in relation to the Fund. 4: Any such resolution may at any time in like manner be rescinded or varied. PART 6A inserted 1 October 1991 Law Practitioners Amendment Act 1991 Nominated Trust Accounts 91J: Nominated trust accounts 1: The trust accounts of every solicitor shall include at least 1 account nominated for the purposes of this Part of this Act, which account shall be known as a nominated trust account. 2: Every solicitor shall nominate one or more of that solicitor's trust accounts as a nominated trust account, and shall give notice in writing of each such nomination to the bank at which each such account is kept. 3: All the provisions of this Act, and all rules and regulations for the time being in force, relating to trust accounts and their audit shall apply to nominated trust accounts. PART 6A inserted 1 October 1991 Law Practitioners Amendment Act 1991 91K: Money required to be held in nominated trust account 1: Where— a: Any money held on behalf of any person by a solicitor is required to be held in a trust account; and b: It is not reasonable or practicable, for any of the reasons referred to in section 89A(b) that money shall be held by that solicitor in a nominated trust account. 2: Nothing in subsection (1) PART 6A inserted 1 October 1991 Law Practitioners Amendment Act 1991 91L: Interest to be payable on nominated trust account 1: Every bank at which a nominated trust account is kept shall pay interest on the sums held in that account at the rate determined in accordance with subsection (2) 2: The rate of interest payable under subsection (1) a: The rate of interest paid by that bank, during the month immediately preceding the date on which the interest payable on that nominated trust account is to be calculated, in respect of funds deposited, at call, with that bank, on behalf of that solicitor's clients, in an interest-bearing deposit account in that solicitor's name; or b: If that bank has held no such interest-bearing deposit account in that solicitor's name during that month, the rate of interest that would have been paid by that bank, during that month, in respect of the money in that nominated trust account if that money had been deposited, at call, in an interest-bearing deposit account at that bank. 3: Interest payable on a nominated trust account shall be payable on the daily balance of that account (as that balance stands at the close of business of each day or, where the bank is not open for business on any day, at the close of that day), and shall be calculated monthly. 4: Where the rate of interest required to be applied for the purposes of subsection (1) subsection (2) 5: In lieu of all banking charges and fees that would otherwise be payable to it in respect of any nominated trust account, a bank shall be entitled to retain for its own use 50 percent of all interest payable by it on a nominated trust account. PART 6A inserted 1 October 1991 Law Practitioners Amendment Act 1991 91M: Banks to pay interest on nominated trust accounts to Fund 1: Subject to section 91L(5) 2: Where any bank makes any payment into the New Zealand Law Society Special Fund Account in accordance with subsection (1) a: The amount of the payment; and b: In respect of each nominated trust account on which any interest comprised in that payment has been calculated,— i: The amount of the money in that account on which that interest has been calculated; and ii: The amount of the interest so calculated; and iii: The method by which that interest was calculated, including the rate of interest used. PART 6A inserted 1 October 1991 Law Practitioners Amendment Act 1991 91N: Solicitors and banks not liable to account to client for interest payable on nominated trust account No solicitor who deposits in a nominated trust account of that solicitor any money received for or on behalf of any person, and no bank that holds any such money in any nominated trust account kept at that bank, shall be liable to account to any person other than the New Zealand Law Society for any interest payable in respect of that money while it is held in any such account. PART 6A inserted 1 October 1991 Law Practitioners Amendment Act 1991 7: Discipline Within the Legal Profession Jurisdiction of the High Court and Court of Appeal 92: Practitioner's name may be struck off roll on application to Court On application made to the High Court in that behalf, the name of a practitioner may be struck off the roll for reasonable cause, whenever and wherever it arises, in accordance with section 93 1955 No 101 s 28 93: Court may dismiss application, or reserve case for Court of Appeal 1: When an application is made to the Court for an order that the name of a practitioner be struck off the roll,— a: The Court may if it thinks fit dismiss the application; or b: If the Court is of the opinion that the application ought to be granted, or that it is doubtful whether the application ought to be dismissed or granted, the Court shall reserve the case for the consideration of the Court of Appeal. 2: If the Court reserves the case under subsection (1)(b) a: Shall cause the application and all affidavits made in support of the application, and all other proceedings, to be sent forthwith to the Registrar of the Court of Appeal; and b: May order that the practitioner be suspended from practice as a barrister or as a solicitor or as both until the decision of the Court of Appeal on the application is given. 3: When a case is reserved for the consideration of the Court of Appeal, that Court shall, as soon as practicable, consider the application and grant or dismiss it, and may make such other order in respect of the application as it thinks fit. 1955 No 101 ss 29, 30 94: Summary suspension from practice 1: Except as provided in sections 92 93 2: The Court in its discretion may reserve any question arising on any application for the exercise of its summary jurisdiction on a practitioner for the decision of the Court of Appeal on a case stated; and the Court of Appeal shall have full power and authority to decide the question and make such order as it thinks fit. 1955 No 101 s 31 95: Notice of order for striking off or suspension to be published in Gazette Where the Court of Appeal or the High Court orders that the name of a practitioner be struck off the roll, or that a practitioner be suspended from practice, the Registrar of the Court in which the order is made shall forthwith cause a notice stating the date and effect of the order to be published in the Gazette 1955 No 101 s 32 Lay Observers 96: Lay Observers 1: There shall be appointed in accordance with this section and section 120 2: No practitioner shall be appointed to be a Lay Observer. 3: Every Lay Observer shall be appointed by the Governor-General, on the recommendation of the Minister of Justice. 4: A Lay Observer may be appointed to exercise his functions in respect of all districts or any specified district or districts. 5: The Department for Courts Subsection (5) amended 1 July 1995 10(1) Department of Justice (Restructuring) Act 1995 by substituting the words Department for Courts Department of Justice 97: Functions of Lay Observers 1: The principal function of a Lay Observer shall be to examine any written allegation made by or on behalf of a member of the public (in this section called the complainant) concerning any District Law Society's treatment of a complaint about the conduct of a practitioner, or an employee of a practitioner, made to the District Law Society by or on behalf of the complainant. 2: A Lay Observer may also from time to time recommend to the New Zealand Law Society or a District Law Society that it inquire into any matters relating to legal practice generally or in any district that have come to his notice and in his opinion should be investigated. 3: A Lay Observer may also attend any hearing held by a District Disciplinary Tribunal under this Act, but he shall not be entitled to take any part in the proceedings or deliberations of the Tribunal. 4: A Lay Observer shall not be required to re-examine an allegation, or examine a fresh allegation relating to the same complaint, unless he is satisfied that he has received relevant information that could not reasonably have been provided in relation to the allegation, or original allegation, when he examined it. 5: A Lay Observer shall seek from the complainant and from the District Law Society, and from the practitioner or employee to whom the complaint related, whatever information he considers necessary for the purpose of examining an allegation; and it shall be the duty of the District Law Society and of the practitioner or employee to supply to him such information as he may reasonably require. 6: When a Lay Observer has examined an allegation, he shall send a written report of the results of his examination to the complainant and to the District Law Society and to the person about whom the complaint was made. 7: Every Lay Observer shall send to the Minister of Justice an annual report on the discharge of his functions, and may from time to time send to the Minister such other reports relating to those functions as he thinks fit; but no report made under this subsection shall identify any individual or firm. 8: A Lay Observer may include in any report made under subsection (6) (7) 9: The District Law Society shall consider any report or recommendation that it receives from a Lay Observer, and shall notify him of any action that it has taken in consequence. 10: Every report made to the Minister of Justice under subsection (7) 11: Subject to this section, a Lay Observer shall follow such procedure for examining allegations as he thinks fit. 97A: Power of complainant to request review by New Zealand Law Society 1: Where a Lay Observer has made to a District Law Society a report or recommendation that it is required by section 97(9) a: The District Law Society has refused to take any action in consequence of it; or b: In the Lay Observer's opinion, the District Law Society has failed to take any action in consequence of it within a reasonable time of considering it; or c: The Lay Observer is not satisfied with the actions the District Law Society has taken in consequence of it,— the Lay Observer may request the District Law Society to refer the report or recommendation to the New Zealand Law Society for review; and in that case the District Law Society shall refer it to the New Zealand Law Society. 2: Where a report or recommendation of a Lay Observer is referred to the New Zealand Law Society for review under subsection (1) 3: Where the New Zealand Law Society does not agree with— a: The refusal or failure of the District Law Society to take any action; or b: The action taken by the District Law Society— in consequence of the report or recommendation, the New Zealand Law Society shall refer the report or recommendation back to the District Law Society for further consideration. 4: The New Zealand Law Society shall notify the Lay Observer, the complainant, and the District Law Society of its decision under subsection (3) 5: In this section, the term complainant section 97 This section was inserted 30 March 1995 Law Practitioners Amendment Act 1995 Complaints 98: Complaints by members of the public 1: Any complaint by a member of the public about the conduct of a practitioner or an employee of a practitioner may be made to the District Law Society of which the practitioner was a member at the material time. 2: If any such complaint is received by any other District Law Society or by the New Zealand Law Society, it shall be referred forthwith to the District Law Society of which the practitioner was a member at the material time. 99: Investigation by District Council of its own motion Whenever the Council of a District Law Society has reasonable cause to suspect— a: That a practitioner who is or was a member of the society has been guilty of conduct of a kind specified in any of paragraphs (a) to (c) b: That a person, while employed by any such practitioner, has been guilty of conduct that would in the case of a practitioner render him liable to have his name struck off the roll under this Part of this Act,— it may of its own motion cause an investigation to be made into the matter. 100: Complaints committee A District Council may from time to time appoint one or more complaints committees under section 15 section 29 section 98 99 101: Inquiry by District Council or committee 1: Every such complaint or matter (in this section referred to as the complaint) shall be inquired into as soon as practicable by the District Council or, if it is referred to a complaints committee, by that committee. 2: If in the opinion of the District Council or committee the case is of sufficient gravity to warrant the making of a charge, the District Council or committee shall— a: Where the complaint is against a practitioner, make a charge against him before either the District Disciplinary Tribunal or the New Zealand Disciplinary Tribunal: b: Where the complaint is against a person employed by a practitioner, make a charge against him before the New Zealand Disciplinary Tribunal. 3: In the investigation of the complaint the District Council or, as the case may be, the complaints committee— a: Shall send particulars of the complaint to the person complained against, and invite him to make a written explanation in answer to the complaint: b: May require or permit the person complained against to appear before it to make an explanation in answer to the complaint: c: May make, or on behalf of the District Law Society employ any person to make, such inquiries relevant to the complaint as the District Council or committee considers necessary: d: May require the production for inspection by the District Council or committee or any person so employed by it of any books, documents, papers, accounts, or records that are in the possession or under the control of the person complained against or, as the case may require, his employer and that relate to the subject-matter of the inquiry: e: May require the person complained against and, if the case so requires, his employer to give all information in relation to any such books, documents, papers, accounts, or records that may be reasonably necessary for the purposes of the inquiry. 4: Subject to this section, the District Council or committee may follow such procedure in inquiring into the complaint as it thinks fit. 5: On completion of the inquiry, the District Council or committee shall— a: Notify the complainant and the person complained against of its conclusions and of any action taken or to be taken by it as a result of the inquiry; and b: Where the complaint relates to the operation of a solicitor's trust account or to the audit of any such account, notify the Joint Audit Board of the complaint, its conclusions, and of any action taken or to be taken by it as a result of the inquiry. 5A: Where the Joint Audit Board is notified of a complaint and other information under subsection (5)(b) section 88A 6: Every practitioner shall be guilty of misconduct in his professional capacity who, without lawful justification or excuse, refuses or fails to comply with any lawful requirement of a District Council or committee under this section. Subsection (5) substituted (5A) inserted 1 July 1994 5 Law Practitioners Amendment Act 1994 102: Costs of investigation where no charge made before Tribunal 1: If on any such inquiry the District Council or committee is of the opinion that the case is not of sufficient gravity to warrant the making of a charge against the practitioner or employee to whom the complaint relates, it may nevertheless, if it considers that the inquiry was justified and that it is just to do so, order him to pay to the District Law Society such sum as the District Council or committee thinks fit in respect of the expenses of and incidental to the inquiry and any investigation of his conduct or affairs made for the purposes of the inquiry. 2: In subsection (1) expenses 3: Any person against whom an order is made under this section may appeal to the District Disciplinary Tribunal against the order. 4: Every such appeal shall be made within such time and in such form as may be prescribed by rules made under this Part of this Act. 5: On hearing any such appeal the Tribunal may confirm, reverse, or modify the order appealed against. District Disciplinary Tribunals 103: District Disciplinary Tribunals 1: For each district there shall be a tribunal to be called the [ Name of district 2: The Tribunal shall consist of— a: Not less than 5 nor more than 8 practitioners, as the District Council may determine: b: Two persons, not being practitioners, who shall be appointed as lay members of the Tribunal by the Governor-General on the recommendation of the Minister of Justice made after consultation with the District Council. 3: The practitioners to be appointed to the Tribunal may, if the District Council thinks fit, include any member of a District Law Society other than that of the district for which the Tribunal is constituted. 4: The members of the Tribunal shall, at its first meeting in each year, elect one of their number to be the chairman of the Tribunal for that year. 5: If an extraordinary vacancy arises in the office of chairman during the year for which any member was elected, the members of the Tribunal shall, at its first meeting thereafter, elect one of their number to be the chairman of the Tribunal for the remainder of that year. 6: Three members of the Tribunal, including at least 1 of the lay members, shall form a quorum. 7: Except as otherwise provided by this Act or by rules made under this Act, the Tribunal may determine its own procedure. 104: Practitioner members of District Disciplinary Tribunal 1: The practitioners to be appointed as members of the District Disciplinary Tribunal shall be appointed by the District Council. 2: Subject to section 103(2)(a) 3: No member of the District Law Society who has taken part in the investigation of a complaint against any practitioner under section 101 105: Two or more District Law Societies may combine to establish Tribunal 1: Any 2 or more District Law Societies may at any time, by written agreement, combine to establish one Disciplinary Tribunal to have jurisdiction in respect of their districts, instead of a Tribunal for each such district. 2: Any Tribunal established pursuant to this section shall be called the [ Names of districts 3: No such agreement shall have effect until every District Law Society affected by it has ratified it by a resolution passed at a general meeting of the society. 4: For the purpose of section 103(2)(a) 5: For the purposes of this section, the reference in section 103(2)(b) 6: Subject to subsections (4) (5) 7: Where any 2 or more District Law Societies have combined to establish one Disciplinary Tribunal under this section, they may at any time revoke the agreement; and the provisions of subsection (3) 106: Powers of District Disciplinary Tribunal 1: The District Disciplinary Tribunal shall inquire into any charge made before it by the District Council or a complaints committee against a practitioner. 2: If after inquiring into the charge the Tribunal is of the opinion that the case is of sufficient gravity to warrant its referral to the New Zealand Law Practitioners Disciplinary Tribunal, it shall forthwith refer the case accordingly. 3: If the case is not so referred, and the Tribunal— a: Is of the opinion that the practitioner has been guilty of misconduct in his professional capacity; or b: Is of the opinion that the practitioner has been guilty of conduct unbecoming a barrister or a solicitor; or c: Is of the opinion that the practitioner has been guilty of negligence or incompetence in his professional capacity, and that the negligence or incompetence has been of such a degree or so frequent as to reflect on his fitness to practise as a barrister or solicitor or as to tend to bring the profession into disrepute; or d: Is satisfied that the practitioner has been convicted of an offence punishable by imprisonment, and is of the opinion that his conviction reflects on his fitness to practise as a barrister or solicitor, or tends to bring the profession into disrepute,— it may if it thinks fit make an order under this section. 4: By any such order, the Tribunal may do one or more of the following things: a: Order the practitioner to pay to the District Law Society in respect of any charge against him such sum by way of penalty, not exceeding $2,000, as the Tribunal thinks fit: b: Censure the practitioner: c: Order that the practitioner shall cease to accept work, or to hold himself out as competent, in such fields of practice, and for such period or periods, as are specified in the order: d: Order the practitioner to do for any specified person such work, within such time, and for a fee not exceeding such sum, as are specified in the order: e: Where it appears to the Tribunal that any person has suffered loss by reason of any act or omission of the practitioner, order the practitioner to pay to that person such sum by way of compensation as is specified in the order, being a sum not exceeding such amount as may from time to time be fixed for the purposes of this paragraph by resolution of the Council of the New Zealand Law Society: f: Order the practitioner to reduce his fees for any work done by him that is the subject of the proceedings before the Tribunal by such amount as is specified in the order, and, for the purpose of giving effect to the order, to refund any specified sum already paid to him: g: Order the practitioner to make his practice available for inspection at such times and by such persons as are specified in the order: h: Order the practitioner to make reports on his practice in such manner and at such times and to such persons as are specified in the order: i: Order the practitioner to take advice in relation to the management of his practice from such persons as are specified in the order: j: Order the practitioner to pay to the District Law Society such sum as the Tribunal thinks fit in respect of the costs and expenses of and incidental to the inquiry by the Tribunal and the inquiry by the District Council or complaints committee. 5: If the case is not one to which subsection (2) (3) paragraph (e) (f) to (i) 6: Without prejudice to the foregoing provisions of this section, if any case before it arises wholly or partly out of a complaint of overcharging by a practitioner, and the Tribunal considers that the practitioner's bill of costs in respect of any matter to which the case relates is unfair or unreasonable, it may, whether or not it makes any other order under this section, order that the bill be referred to the District Law Society for revision under Part 8 7: In paragraphs (g) to (i) specified 8: An order under this section may be made on and subject to such terms and conditions as the Tribunal thinks fit. 9: The making of an order under this section for the payment of compensation to any person shall not affect the right (if any) of that person to recover damages in respect of the same loss; but any sum ordered to be paid under this section shall be taken into account in assessing any such damages. 1955 No 101 s 108(3) 1968 No 51 s 9 107: Appeal from decision of District Disciplinary Tribunal 1: An appeal against any order or decision of a District Disciplinary Tribunal made under this Part of this Act, not being a decision to refer a case to the New Zealand Law Practitioners Disciplinary Tribunal, shall lie to the last-mentioned Tribunal at the instance of— a: The practitioner to whom the order or decision relates: b: The District Council or complaints committee by which the charge against the practitioner was made. 2: Every such appeal shall be by way of rehearing, and shall be made within such time and in such form as may be prescribed by rules made under this Part of this Act. 3: On hearing any such appeal, the New Zealand Disciplinary Tribunal may confirm, reverse, or modify the order or decision appealed against. 1955 No 101 s 112 New Zealand Law Practitioners Disciplinary Tribunal 108: New Zealand Law Practitioners Disciplinary Tribunal 1: There shall be a tribunal to be called the New Zealand Law Practitioners Disciplinary Tribunal. 2: The Tribunal shall consist of— a: Not less than 5 nor more than 12 members of the New Zealand Law Society, as the Council may from time to time determine on the recommendation of the Tribunal: b: Three 3: The members of the Tribunal shall, at its first meeting in each year, elect one of their number to be the chairman of the Tribunal for that year. 4: If an extraordinary vacancy arises in the office of chairman during the year for which any member was elected, the members of the Tribunal shall, at its first meeting thereafter, elect one of their number to be the chairman of the Tribunal for the remainder of that year. 5: Except as otherwise provided by this Act, 5 members of the Tribunal, including at least 1 of the lay members, shall form a quorum. 6: Except as otherwise provided by this Act or by rules made under this Act, the Tribunal may determine its own procedure. 1955 No 101 s 33(1), (2), (4), (5) Subsection (2)(b) amended 8 March 1985 Law Practitioners Amendment Act 1985 by substituting the word Three Two 109: Practitioner members of New Zealand Disciplinary Tribunal 1: The members of the New Zealand Law Society to be appointed to the New Zealand Disciplinary Tribunal shall be appointed by the Council. 2: Subject to section 108(2)(a) 3: A practitioner who is a member of a District Disciplinary Tribunal or of a District Council or a complaints committee of any district shall not by reason of such membership be disqualified for membership of the New Zealand Disciplinary Tribunal; but he shall not be eligible to sit as a member of the New Zealand Disciplinary Tribunal on the hearing or determination of any proceedings before it in respect of a practitioner, or any employee of a practitioner, who practises in the district in which the District Disciplinary Tribunal or District Council or committee of which he is a member has jurisdiction. 1955 No 101 s 33(2), (3) 110: Functions of New Zealand Disciplinary Tribunal 1: The principal function of the New Zealand Law Practitioners Disciplinary Tribunal shall be to hear and determine— a: Any charge against a practitioner that is referred to it by a District Disciplinary Tribunal: b: Any charge against a practitioner or an employee of a practitioner that is made to it by a District Council or a complaints committee: c: Any appeal against a decision of a District Disciplinary Tribunal. 2: The Tribunal shall have such other functions as are conferred on it by this Act. 1955 No 101 s 34(1) 111: Hearings to be in public 1: Except as provided in this section, every hearing of the New Zealand Disciplinary Tribunal shall be held in public. 2: If the Tribunal is of the opinion that it is proper to do so, having regard to the interests of any person and to the public interest, it may— a: Hold a hearing or any part of a hearing in private: b: Make an order prohibiting the publication of any report or account of any part of any proceedings before it, whether held in public or in private: c: Make an order prohibiting the publication of the whole or any part of any books, papers, or documents produced at any hearing: d: Make an order prohibiting the publication of the name or any particulars of the affairs of the person charged or any other person. 3: Unless it is reversed or modified in respect of its currency by the Court on an appeal under section 118 subsection (2) 4: The Tribunal may in any case deliberate in private as to its decision or as to any question arising in the course of the hearing. 5: Every person commits an offence against this Act who, without lawful excuse, acts in contravention of any order made by the Tribunal under any of paragraphs (b) to (d) 6: Subsection (2)(d) Gazette section 119 112: Powers of New Zealand Disciplinary Tribunal in respect of charge against practitioner 1: Subject to this Part of this Act, if after inquiring into any charge against a practitioner the New Zealand Disciplinary Tribunal— a: Is of the opinion that the practitioner has been guilty of misconduct in his professional capacity; or b: Is of the opinion that the practitioner has been guilty of conduct unbecoming a barrister or a solicitor; or c: Is of the opinion that the practitioner has been guilty of negligence or incompetence in his professional capacity, and that the negligence or incompetence has been of such a degree or so frequent as to reflect on his fitness to practise as a barrister or solicitor or as to tend to bring the profession into disrepute; or d: Is satisfied that the practitioner has been convicted of an offence punishable by imprisonment, and is of the opinion that the conviction reflects on his fitness to practise as a barrister or solicitor, or tends to bring the profession into disrepute,— it may if it thinks fit make an order under this section. 2: Subject to section 113 a: Order that the practitioner's name be struck off the roll: b: Order that the practitioner be suspended from practice as a barrister or as a solicitor, or as both, for such period, not exceeding 3 years, as the Tribunal thinks fit: c: Order that the practitioner shall not practise as a solicitor on his own account, whether in partnership or otherwise, until authorised by the Tribunal to do so: d: Order the practitioner to pay to the New Zealand Law Society in respect of any charge against him such sum by way of penalty, not exceeding $5,000, as the Tribunal thinks fit: e: Censure the practitioner: f: Make any order that could be made under any one or more of the provisions of paragraphs (e) to (i) g: Order the practitioner to pay to the New Zealand Law Society or to any District Law Society, or to both, such sums as the Tribunal may at any time think fit in respect of the costs and expenses of and incidental to the inquiry by the Tribunal, and all or any part of the costs and expenses of or incidental to the inquiry by the District Council or a complaints committee, and all or any part of the expenses of any investigation or conduct of the practitioner's affairs or trust account incurred by the Council or any District Council acting in the exercise of the powers conferred by Part 5 3: If the case is not one to which subsection (1) paragraph (e) (f) to (i) 4: Without prejudice to the foregoing provisions of this section, if any case before it arises wholly or partly out of a complaint of overcharging by a practitioner, and the Tribunal considers that the practitioner's bill of costs in respect of any matter to which the case relates is unfair or unreasonable, it may, whether or not it makes any other order under this section, order that the bill be referred to the District Law Society for revision under Part 8 5: For the purposes of this section, subsections (7) to (9) 1955 No 101 ss 34(2), (3) 1961 No 47 s 29(a) 1967 No 128 s 4 1968 No 51 s 3 113: Making of order for striking off roll or for suspension from practice 1: Where the Tribunal finds a charge against a practitioner under any of the provisions of section 112(1) 2: Except by consent, no order shall be made by the Tribunal either striking the name of a practitioner off the roll or suspending a practitioner from practice unless at least 5 members of the Tribunal are present and vote in favour of the order. 1955 No 101 s 35(1), (3) 1961 No 43 411(1) 1962 No 121 s 4 114: Disqualification for employment by practitioner 1: Where a charge has been made by a District Council or a complaints committee against any person that he, while employed by a practitioner, has been guilty of conduct that would in the case of a practitioner render him liable to have his name struck off the roll, the New Zealand Disciplinary Tribunal shall have power to inquire into the charge. 2: If after inquiring into the charge the Tribunal is of the opinion that the person charged has been guilty of such conduct, it may if it thinks fit do one or more of the following things: a: Order that his present employment by any practitioner be terminated: b: Order that no practitioner shall employ him in connection with the practitioner's practice so long as the order remains in force: c: Order that no practitioner shall employ him in connection with the practitioner's practice, otherwise than with the written consent of the Tribunal and subject to such conditions as may be imposed by the Tribunal, so long as the order remains in force. 3: Every practitioner who knowingly acts in contravention of any order made by the Tribunal under this section shall be guilty of misconduct in his professional capacity. 4: Any person in respect of whom an order has been made under this section may apply to the Tribunal for the revocation of the order. 5: Any rules made for the purposes of this Part of this Act shall apply to the application as if it were an application under section 116 6: If, on hearing any such application, the Tribunal is satisfied that the applicant is a fit and proper person to be employed by a practitioner, it may revoke the order. 1955 No 101 s 36A 1961 No 47 s 30(1) 115: Interim suspension from practice 1: At any time after a charge against a practitioner has been made or referred to it, the New Zealand Disciplinary Tribunal may, on the application of the District Law Society concerned or of its own motion, and without any prior notice to the practitioner, make an order that he be suspended from practice as a barrister or as a solicitor or as both, until the charge has been heard and disposed of. 2: The practitioner in respect of whom an interim suspension order is made under this section may at any time apply to the Tribunal for the revocation of the order. 3: An application under subsection (2) 4: For the purposes of this section, 3 members of the Tribunal shall form a quorum. 1955 No 101 s 37 116: Restoration of name to roll 1: Any practitioner whose name has been struck off the roll under the foregoing provisions of this Part of this Act or before the commencement of this Act may, in accordance with rules made for the purposes of this Part, apply to the New Zealand Disciplinary Tribunal for the restoration of his name to the roll. 2: On hearing the application, the Tribunal, if satisfied that the applicant is a fit and proper person to practise as a barrister or as a solicitor or as both, may order that the practitioner's name be restored to the roll. 3: Without limiting subsection (2) 4: No application by a practitioner for the restoration of his name to the roll shall be made except under section 52 1955 No 101 s 39 1967 No 128 s 5 117: Order for striking off, restoration, or suspension to be filed in Court 1: Where by any order of the New Zealand Disciplinary Tribunal it is ordered that a practitioner's name be struck off or restored to the roll, or that a practitioner be suspended from practice otherwise than by an interim order made under section 115(1) 2: Subject to subsection (3) 3: Where by any such order it is ordered that a practitioner's name be struck off the roll, the order shall, until the expiry of the time allowed for appeal under section 118 4: An order filed in the Court under this section may be inspected by any person during office hours without payment of any fee. 1955 No 101 s 49 1961 No 47 s 31 118: Appeal from decision of New Zealand Disciplinary Tribunal 1: An appeal against any order or decision of the New Zealand Law Practitioners Disciplinary Tribunal made under this Part of this Act or under section 58 a: The practitioner or person to whom the order or decision relates: b: The District Council or a complaints committee of a district, where the proceedings before the Tribunal were— i: Brought by that Council or committee; or ii: Commenced by the referral of a charge to the Tribunal by the District Disciplinary Tribunal; or iii: By way of appeal against an order or decision of the District Disciplinary Tribunal: c: The District Council, where the proceedings before the Tribunal were commenced by the referral to the Tribunal of a matter relating to the issue of a practising certificate under section 58 2: Every such appeal shall be by way of rehearing, and shall be made within such time and in such form, and shall be heard by at least 3 Judges in such manner, as may be prescribed by rules of Court. 3: On hearing any such appeal, the Court may confirm, reverse, or modify the order or decision appealed against. 1955 No 101 s 50 1961 No 47 s 30(2) 119: Notice of orders for striking off, restoration, or suspension to be published in Gazette 1: Where an order has been filed in the office of the Court at Wellington under section 117 Gazette 2: Where an appeal against any such order results in the name of a practitioner being ordered to be struck off or restored to the roll, or in a practitioner being suspended from practice, the Registrar shall forthwith cause a notice stating the date and effect of the determination to be published in the Gazette 3: The expenses incurred in publishing any such notice shall be paid out of money to be provided in that behalf by the New Zealand Law Society. 1955 No 101 s 51 General Provisions 120: Terms of office of Lay Observers and lay members 1: This section applies to— a: Every Lay Observer appointed under this Part of this Act; and b: Every lay member of a Tribunal appointed under this Part,— each of whom is referred to in this section as the appointee. 2: The appointee shall be appointed for a term of 3 years, but shall be eligible for reappointment from time to time. 3: Unless he sooner vacates his office under subsection (4) 4: The appointee may at any time be removed from office for disability, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Governor-General, or may at any time resign his office by writing addressed to the Minister of Justice. 5: If a vacancy occurs in the office held by the appointee, the Governor-General shall appoint a qualified person to fill the vacancy, in the manner in which the original appointment was made; and the person so appointed shall hold office for the residue of the term for which his predecessor was appointed. 121: Remuneration of Lay Observers and lay members There shall be paid to every Lay Observer and also to every lay member of a Tribunal, out of money appropriated by Parliament for the purpose, remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951 122: Lay Observers and lay members not in service of Crown No person holding office as a Lay Observer, or as a lay member of a Tribunal, shall be deemed by reason of his holding that office to be employed in the Government service for the purposes of the Government Superannuation Fund Act 1956 State Sector Act 1988 The State Services Act 1962 and the State Services Conditions of Employment Act 1977 were repealed 1 April 1988 88(1) State Sector Act 1988 123: Secretaries to Tribunals 1: The Council or executive committee of the New Zealand Law Society may from time to time appoint a secretary to the New Zealand Law Practitioners Disciplinary Tribunal. 2: A District Council, or 2 or more District Councils by agreement where their societies have combined to establish one Tribunal for their districts, may appoint a secretary to the District Law Practitioners Disciplinary Tribunal for the district or districts. 124: Right of person charged to be heard 1: No Tribunal shall exercise in respect of any person any of the disciplinary functions conferred on it by this Part of this Act without giving him a reasonable opportunity of being heard in his own defence, either in person or by counsel. 2: Subsection (1) section 115(1) 1955 No 101 ss 36, 36A(1), 108(3) 125: Representation of District Council or complaints committee in proceedings In any proceedings under this Part of this Act to which a District Council or a complaints committee of a district is a party, that Council or committee may be represented by counsel employed in that behalf by the District Council. 126: Evidence 1: A Tribunal, by notice in writing signed by a member or by the secretary of the Tribunal, may require any person to attend and give evidence before it at the hearing of any proceedings under this Part of this Act, and to produce all books, documents, papers, and records in that person's custody or under his control relating to the subject-matter of the proceedings. 2: The Tribunal may require evidence to be given on oath, and either orally or in writing; and for that purpose the chairman of the Tribunal may administer an oath. 3: Any party to the proceedings may apply to the Tribunal to require any person whose evidence has been given by affidavit to attend at the hearing for the purposes of cross-examination; and the Tribunal may make an order accordingly. 4: For the purposes of this Part of this Act, a certificate setting out the substance of a conviction of an offence punishable by imprisonment, and signed by the Registrar of the court or other officer having the custody of the records of the court by which the offender was convicted, shall be sufficient evidence of that conviction without proof of the signature or official character of the person appearing to have signed the certificate. 5: Every person commits an offence against this Act who, without lawful justification or excuse, refuses or fails— a: To attend and give evidence when required to do so by a Tribunal; or b: To answer truly and fully any question put to him by a member of the Tribunal; or c: To produce to the Tribunal any book, document, paper, or record required of him. 1955 No 101 ss 35(2), 44 127: Immunity of witnesses and counsel Witnesses and counsel shall have the same privileges and immunities in relation to proceedings under this Part of this Act as if they were proceedings in a Court of law. 1955 No 101 s 45 1965 No 92 s 3(1) 1968 No 51 s 4 128: Witnesses' expenses 1: Every witness giving evidence or attending to give evidence at the hearing of any proceedings under this Part of this Act shall be entitled in the discretion of the Tribunal to such sum for his expenses and loss of time as the Tribunal may determine. 2: Subject to any order made by the Tribunal as to the payment of costs and expenses, all such witnesses' expenses shall be paid by the New Zealand Law Society in the case of proceedings before the New Zealand Disciplinary Tribunal, and by the District Law Society in the case of a District Disciplinary Tribunal. 1955 No 101 s 46 129: Tribunal may order payment of costs 1: After the hearing of any proceedings under this Part of this Act, a Tribunal may make such order as to the payment of costs and expenses as it thinks fit, and, in particular,— a: May order that costs be awarded to any person to whom the proceedings relate, and that those costs be paid by any District Law Society in the case of proceedings before a District Disciplinary Tribunal, or by the New Zealand Law Society or any District Law Society in the case of proceedings before the New Zealand Disciplinary Tribunal: b: Without finding the person charged to be guilty, may nevertheless, if the Tribunal considers that the proceedings were justified and that it is just to do so, order him to pay to the New Zealand Law Society or to any District Law Society, or to both, such sums as the Tribunal thinks fit in respect of the expenses of and incidental to the proceedings and any investigation of his conduct or of his affairs or trust account carried out by or for the New Zealand Law Society or any District Law Society. 2: In subsection (1)(b) expenses 1955 No 101 s 41 130: Rules of procedure The New Zealand Law Practitioners Disciplinary Tribunal may from time to time make rules, not inconsistent with this Act, in respect of the making, hearing, and determination of applications, inquiries, appeals, and other proceedings before it or before any District Law Practitioners Disciplinary Tribunal. 1955 No 101 s 47 131: Form and proof of order of Tribunal 1: Every order made by a Tribunal under this Part of this Act shall be signed by the person acting as chairman of the Tribunal at the meeting when the order was made or, if he is not available, by some other member of the Tribunal present at the meeting when the order was made. 2: Every such order, other than an interim suspension order made under section 115(1) 3: Every document purporting to be an order of a Tribunal and to be signed by the chairman or any other member of the Tribunal shall, in the absence of proof to the contrary, be taken to be an order of the Tribunal duly made, without proof of its making, or proof of signature, or proof that the person signing the order was in fact the chairman or a member of the Tribunal entitled to sign the order. 1955 No 101 s 48 132: Enforcement of order of Tribunal 1: When a Tribunal makes an order under this Part of this Act, not being an order to which section 117 2: On the filing of the order, it shall take effect as if it were an order of the Court to the like effect made within the jurisdiction of the Court. 1955 No 101 ss 42, 108(4) 1968 No 51 s 9 133: Power of High Court or Court of Appeal to prohibit publication of person's name or affairs 1: In any proceedings before it under this Part of this Act, including any appeal, the High Court or the Court of Appeal may, if in its opinion it is proper to do so having regard to the interests of any person and to the public interest, make an order prohibiting the publication of the name or any particulars of the affairs of any practitioner or any other person. 2: Any breach of any such order, or any evasion or attempted evasion of it, may be dealt with as contempt of Court. 3: This section shall not apply to the publication in the Gazette section 119 134: Tribunals may make recommendations to Councils as to publication of names On making any order under this Part of this Act in respect of any person, a Tribunal may recommend to the Council of the New Zealand Law Society or, as the case may require, any District Council that the name of that person should, or should not, be published under section 135 135: Publication by Councils of reports of decisions of Tribunals 1: Subject to subsection (4) section 115(1) 2: Subject to subsection (4) section 114 3: Subject to subsection (4) 4: In determining whether to exercise its powers under this section, the Council or District Council shall have regard to any recommendation of a Tribunal under section 134 5: The Council or any District Council may from time to time publish such statements as it thinks fit in respect of charges made before Tribunals, the numbers of charges proved, and the penalties imposed, in respect of any specified period. 6: Except as otherwise provided in this section, no statement published or made under this section shall specify the name of any person or firm or any particulars by which any person or firm may be identified. 7: This section shall be read subject to any order made by the New Zealand Disciplinary Tribunal under section 111(2) section 133 136: Trusteeships held by practitioner suspended or struck off 1: If under this Part of this Act a practitioner is suspended from practice or his name is struck off the roll, the District Council may serve on him, or on any of his partners or employees, or on any person conducting his practice, a notice signed by 2 members of the District Council requiring the person on whom the notice is served to supply to the District Council, so far as it is practicable to do so,— a: A list of all wills in which the practitioner is appointed as a trustee, and the names and addresses of the testators: b: A list of all other trusteeships that are held by the practitioner under any trust or are to be held by him on the occurrence of any event: c: Such other particulars as may be necessary to enable the District Council to exercise its powers under subsection (2) 2: Notwithstanding anything in this Act, on receipt of any list referred to in subsection (1) 3: In this section the term trust trustee trusteeship 4: Every person commits an offence against this Act who, without lawful justification or excuse, fails to comply with any requirement of a District Council in any notice given under subsection (1) 137: Protection of Law Societies and other persons The New Zealand Law Society, a District Law Society, a Tribunal, and a member, officer, or employee of any of those bodies, shall not be under any criminal or civil liability in respect of anything done or omitted to be done, or in respect of words spoken or written,— a: At or for the purposes of any inquiry or the hearing of or otherwise dealing with any proceedings under this Part of this Act; or b: In connection with any investigation of a practitioner's conduct or affairs or accounts for the purposes of this Part of this Act; or c: In the publication of any report or statement relating to any proceedings before a Tribunal under this Part of this Act, in the exercise or purported exercise of any power conferred by this Act to publish any such report or statement,— unless it is proved to the satisfaction of the Court before which any proceedings are taken that the defendant in those proceedings has acted in bad faith. 1955 No 101 s 52 1965 No 92 s 3(2) 1968 No 51 s 5 138: Jurisdiction of Court not limited Except as expressly provided in this Part of this Act, nothing in this Part shall limit the jurisdiction of the Court. 1955 No 101 s 53 8: Practitioners' Costs 139: Interpretation In this part of this Act, unless the context otherwise requires,— Bill of costs bill Costs Disbursements Party chargeable Practitioner 1955 No 101 s 54 1968 No 51 s 6 140: Recovery of barrister's fees by solicitor A solicitor may sue for and recover from the party chargeable any fees paid or payable by the solicitor to a barrister for work done or to be done on the instructions of the solicitor in relation to the client's affairs, if those fees are shown as a disbursement in a bill of costs rendered by the solicitor to the party chargeable. 141: Order for practitioner to render bill and to deliver deeds, etc 1: Where a practitioner has transacted any business for any person, whether in any court or not, or has or may have a claim for costs against any person, the Court may make an order for the delivery by the practitioner of a bill of costs and for the delivery of, or otherwise in relation to, any deeds, documents, or papers in his possession, custody, or power. 2: An order for the delivery of a copy of a bill to any person may, if the Court thinks fit, be conditional on the payment of the costs of the copy by that person, if the person is neither the party primarily chargeable with the bill nor a District Law Society. 1955 No 101 s 55 142: Bill subject to revision notwithstanding agreement as to costs 1: This Part of this Act shall apply to every bill of costs rendered on or after the date of the commencement of this Act, notwithstanding any agreement made between the practitioner and the client, whether before or after that date, as to the amount or manner of payment of costs for the whole or any part of any past or future services, either by a gross sum or by commission, percentage, salary, or otherwise. 2: Any such agreement may be taken into account in any proceedings for the revision of a bill under this Part of this Act, for the purpose of determining whether the costs are fair and reasonable. 1955 No 101 s 56 Revision of Bill by District Council 143: Revision of bill by District Council A District Council may revise a practitioner's bill of costs— a: Of its own motion under section 144 b: On the reference of the party chargeable under section 145 c: By order of a Court under section 146 147 d: e: Pursuant to any provision in that behalf in this or any other Act or any regulation or rule for the time being in force. Paragraph (d) substituted 1 February 1992 Law Practitioners Amendment Act 1991 Paragraph (d) repealed 1 February 2001 128 Legal Services Act 2000 144: Revision without request 1: Subject to sections 150 151 2: No revision under this section shall take place until at least 7 clear days' written notice of the intention to revise the bill has been given to the practitioner concerned. 1955 No 101 s 61(1), (2) 145: Reference of bill by party chargeable 1: Subject to sections 150 151 2: Unless the parties otherwise agree, every reference under this section shall be made within 6 months after the date of the delivery of the bill. 3: On the making of the reference, the Secretary of the District Law Society shall forthwith— a: Give written notice of it to the practitioner concerned; and b: Refer the bill to the District Council for revision. 1955 No 101 s 60(1), (2) 1968 No 51 s 7(1) Revision by Order of Court 146: Order of Court for reference of bill for revision 1: Subject to sections 150 151 2: An order under this section may be made either on the application of the practitioner or on the application of the party chargeable. 3: Any such order may be made with such directions and subject to such conditions as the Court thinks fit. 4: In this section the term Court a: The High Court; or b: A District Court in any case where that Court would have jurisdiction if the application were a claim for the amount of the bill. 1955 No 101 s 62 147: Revision on application of beneficiary under trust, etc 1: Subject to sections 150 151 a: May make an order for reference of the bill to the appropriate District Law Society, for revision by the District Council, with such directions and subject to such conditions as the Court thinks fit; and b: May make such order as the Court thinks fit for the payment of the amount that may be found due, and of the costs of the order for reference and of the revision, to or by the practitioner by or to the person making the application,— having regard to the provisions of this Part of this Act relating to applications for the like purpose by a party chargeable, so far as those provisions are applicable to the case. 2: In exercising its discretion under this section, the Court may take into consideration the extent and nature of the interest of the person making the application. 3: Where any money is ordered to be paid by the practitioner, the Court may if it thinks fit order that the money or any part of it be paid to the trustee, executor, or administrator chargeable with the bill, instead of being paid to the person applying for the order; and where the applicant pays any money to the practitioner in respect of the bill, he shall have the same right to be paid by the trustee, executor, or administrator chargeable with the bill as the practitioner had. 4: In this section the term Court section 146 1955 No 101 s 64 Appeals 148: Appeal to Registrar 1: If either party in any proceedings before a District Council for the revision of a bill of costs is dissatisfied with the decision of the District Council as to the amount of the bill or as to the costs of the reference (if any) and the revision, he may appeal against it to a Registrar having jurisdiction in the district. 2: Every such appeal shall be commenced by notice in writing lodged with the Registrar within 14 days after the date of the decision appealed against , or within such further time as the Registrar may allow 3: At the hearing of the appeal, the Registrar may in his discretion permit any practitioner appointed for the purpose by the Council of the New Zealand Law Society to attend and assist him. 4: The Registrar, after giving each party a reasonable opportunity to be heard, may make such order by way of confirmation, variation, or reversal of the decision or any part of it as he thinks fair and reasonable. 5: Subject to this Act, the Registrar may follow such procedure as he thinks fit. 1955 No 101 s 68(2) Subsection (2) amended 17 December 1985 Law Practitioners Amendment Act (No 3) 1985 by inserting the words , or within such further time as the Registrar may allow 149: Review by High Court 1: If either party is dissatisfied with any decision of a Registrar under section 148 , or within such further time as a Judge of the High Court may allow 2: On hearing the application, the Court may— a: Make such order by way of confirmation, variation, or reversal of the decision or any part of it as the Court thinks fair and reasonable: b: In the case of a revision by order of the Court, make such other order in relation to the revision as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the amount found to be due with costs. 1955 No 101 s 68(2), (4) Subsection (1) amended 17 December 1985 Law Practitioners Amendment Act (No 3) 1985 by inserting the words , or within such further time as a Judge of the High Court may allow General Provisions as to Revision 150: No revision after 1 year from payment of bill by deduction or set-off Where a bill of costs has been paid by deduction or set-off, the bill shall not be referred for revision under this Part of this Act, whether by order of a Court or otherwise, or revised by a District Council of its own motion, after the expiration of 1 year from the date of the payment of the bill, unless the Court or the District Council, as the case may be, in its discretion otherwise allows, having regard to the circumstances of the case. 1955 No 101 s 65 151: Where revision allowed only in special circumstances 1: In any case to which this section applies,— a: A bill of costs shall not be revised by a District Council of its own motion, or referred for revision except by order of a Court; and b: The Court shall not make an order for the reference of a bill for revision except in special circumstances. 2: This section applies in every case (not being a case to which section 150 a: The bill has been previously revised under this Part of this Act or taxed before the commencement of this Act under Part 4 of the Law Practitioners Act 1955 b: A verdict or judgment has been obtained in an action for the recovery of the amount of the bill; or c: The bill has been paid otherwise than by deduction or set-off; or d: One year has elapsed since the date of the delivery of the bill. 1955 No 101 s 66 152: Procedure on revision by District Council 1: Where a bill of costs to be revised by a District Council is not itemised, the District Council may, by notice in writing, require the practitioner to file with the District Council within such period as may be specified in the notice, not being less than 14 days or more than 30 days from the date of the notice, an itemised bill of costs. 2: If an itemised bill is not so filed within the time so specified, the District Council may proceed with the revision. 3: Nothing in the foregoing provisions of this section shall prevent the District Council from proceeding to revise a bill of costs in its original form. 4: Before revising a bill, the District Council shall give each party a reasonable opportunity to be heard. 5: If either the practitioner or the other party, having due notice, refuses or neglects to attend the revision proceedings, the District Council may proceed to revise the bill in his absence. 1955 No 101 ss 60(4), (5), 67 1968 No 51 s 7(2) 153: Costs of reference and of revision 1: Where a bill of costs is revised by a District Council of its own motion under section 144 2: Where on the application of the party chargeable or on the application of the practitioner a Court orders that a bill of costs be referred to a District Law Society for revision, the costs of the order for reference and the costs of the revision shall, except as provided in subsection (3) 3: Where an order for reference is made by a Court in special circumstances, in a case to which section 151 4: On every revision of a bill, the District Council shall revise the costs (if any) payable in respect of the reference and the revision of the bill in accordance with this Part of this Act. 5: Subject to this Part of this Act and to any order of a Court under this Part,— a: A District Council on the revision of a bill referred to it under this Act; and b: A Registrar on an appeal; and c: The High Court on a review of any decision of a Registrar on appeal— may award to either party such costs of the reference and of the revision, appeal, or review, as the case may require, as it or he thinks reasonable. 1955 No 101 ss 60(3), 61(5), 63, 68(1) 154: Secretary to certify amount due 1: On every revision of a bill, the Secretary of the District Law Society shall certify what is found by the District Council to be due to or from the practitioner in respect of the bill and in respect of the costs of the reference and the revision. 2: The certificate of the Secretary or, as the case may be, an order of the Registrar on an appeal or an order of the Court on a review of the Registrar's decision, shall be final and conclusive as to the amount due. 1955 No 101 s 68(1), (3) 155: Stay of action for costs pending completion of revision proceedings 1: Where under section 144 2: Where a bill of costs has been referred for revision under this Part of this Act, whether by order of a Court or otherwise, the Court may, on such terms as it thinks fit, restrain the practitioner from commencing or proceeding with any action for the recovery of the amount of the bill until after the revision has been completed and the time allowed for appeal has expired or, if an appeal is made, until the determination of the appeal and of any application for review following the appeal. 1955 No 101 ss 61(3), 69 9: The Solicitors' Fidelity Guarantee Fund 156: Interpretation In this Part of this Act, unless the context otherwise requires,— Fund Management Committee Committee Prescribed 1955 No 101 s 76 157: Application of this Part 1: This Part of this Act applies to every solicitor who is for the time being engaged in the practice of his profession on his own account, whether in partnership or otherwise; but, except as provided in subsection (2) 2: Every solicitor who— a: Is held out as a consultant partner of a solicitor or firm of solicitors; or b: Being in fact employed by a solicitor or firm of solicitors, is held out as a partner of the solicitor or as a partner in the firm— shall for the purposes of this Part of this Act be deemed to be practising on his own account as a partner of the solicitor or as a partner in the firm, as the case may require. 3: For the purposes of this Part of this Act, a solicitor shall not be treated as being engaged in the practice of his profession on his own account merely because of his— a: Acting in any law office or legal advice bureau established by or with the approval of the Council of the New Zealand Law Society or a District Council under section 6 b: acting under either the duty solicitor or police detention legal assistance scheme administered by the Legal Services Agency under the Legal Services Act 2000 1955 No 101 s 77 Subsection (3)(b) substituted 1 February 1992 Law Practitioners Amendment Act 1991 Subsection (3)(b) substituted 1 February 2001 128 Legal Services Act 2000 158: Solicitors' Fidelity Guarantee Fund 1: There shall continue to be a Solicitors' Fidelity Guarantee Fund, being the fund established under Part 6 of the Law Practitioners Act 1955 2: The fund shall be the property of the New Zealand Law Society and shall be held in trust for the purposes specified in this Part of this Act. 1955 No 101 s 78 159: Fund to be kept in separate bank account All money belonging to the fund shall, pending its investment or application in accordance with this Part of this Act, be paid into a bank to the credit of a separate account to be called the Solicitors' Fidelity Guarantee Fund Account. 1955 No 101 s 79 160: Money payable into fund The fund shall consist of— a: All sums paid to or on account of the fund by solicitors, either as annual contributions or as levies, in accordance with this part of this Act: aa: All fees paid by solicitors under section 88A(7) b: The interest from time to time accruing from the investment of the fund: c: All money recovered by or on behalf of the New Zealand Law Society in the exercise of any right of action conferred by this Part of this Act: d: Any other money that may be lawfully paid into the fund. 1955 No 101 s 80 Subsection (1)(aa) inserted 1 July 1994 6 Law Practitioners Amendment Act 1994 161: Expenditure from fund There shall from time to time be paid out of the fund, as required,— a: The amount of all claims, including costs, allowed or established against the fund in accordance with this Part of this Act: b: All legal expenses incurred in defending claims made against the fund, or otherwise incurred in relation to the fund: c: All premiums payable in respect of contracts of insurance entered into by the Council under this Part of this Act: d: The expenses involved in the administration of the fund, including allowances to members of the Council or the Management Committee in respect of their services and their reasonable travelling expenses incurred in connection with the management of the fund: da: From money paid into the fund under section 160(aa) section 88A e: All other money payable in respect of any matter for which payment is required or considered necessary by the Council for the purposes of this part of this Act or the rules made under it, including the cost of investigations directed by the Management Committee or a District Law Society. 1955 No 101 s 81 Subsection (1)(da) inserted 1 July 1994 Law Practitioners Amendment Act 1994 162: Audit of accounts 1: The accounts of the fund shall be audited annually by a chartered accountant appointed for the purpose by the Council. 2: No person shall be so appointed unless he is a person authorised to audit solicitors' trust accounts in accordance with the regulations for the time being in force relating to the audit of those accounts. 1955 No 101 s 82 163: Council to administer fund Subject to section 164 1955 No 101 s 83 164: Management Committee 1: The Council may from time to time appoint a Management Committee of the Solicitors' Fidelity Guarantee Fund, consisting of not less than 3 nor more than 6 persons being members of the New Zealand Law Society. 2: Any member of the New Zealand Law Society may be appointed a member of the Management Committee, notwithstanding that he may not be a member of the Council. 3: The Council may from time to time by resolution delegate to the committee all or any of its powers in relation to the fund. 4: Any such resolution may at any time in like manner be rescinded or varied. 1955 No 101 s 84 165: Solicitors in practice to pay fees into fund 1: Except as provided in section 166 section 167 1A: The Council may fix separate fees for the purposes of this Part of this Act to meet expenditure authorised by section 161 2: If a solicitor to whom this Part of this Act does not apply at the time of his or her application for a practising certificate thereafter, in the year for which that certificate is issued, commences to practise as a solicitor on his or her own account, whether in partnership or otherwise, the solicitor shall thereupon become liable to pay to the fund the fee fixed under subsection (1) 3: If a solicitor who for any year has paid the fee so fixed remains in practice on his or her own account for less than 3 months of that year, the Council may, out of the money received by it under subsection (1) 4: If a solicitor commences practice on his or her own account during the last 3 months of any year for which the fee fixed under subsection (1) 5: All fees payable under this section shall be paid in the same manner as practising fees are paid; and the person receiving them shall forthwith pay them into the fund. Section 165 substituted 5 September 1988 2(1) Law Practitioners Amendment Act 1988 See section 2(2) Subsection (1A) inserted 29 April 1993 Law Practitioners Amendment Act 1993 166: Reduced fees while fund exceeds a determined amount If at the beginning of any year the amount of the fund, including any investments of it, and after deducting the amount of all unpaid claims and other liabilities outstanding against the fund, is not less than the Council may for the time being by resolution determine (being not less than $500,000), the amount of the fee payable under section 165(1) 1955 No 101 s 86 1968 No 51 s 8 1975 No 35 s 4(2) 167: Solicitors may be required to pay levy 1: If at any time— a: The fund is not sufficient, or, in the opinion of the Council having regard to any prospective claims or liabilities likely to be received or incurred, may not be sufficient, to satisfy the liabilities of the New Zealand Law Society in relation to the fund or to meet any payment authorised by section 161 b: The Minister of Justice has approved both the imposition of a levy under this section and the amount of that levy,— the Council may by resolution impose on every solicitor to whom this Part of this Act applies, for payment into the fund, a levy of that amount. 2: The amount of every such levy shall become payable on a date or dates and in a manner to be fixed by the Council. 3: In the exercise of its powers under subsection (1) a: Any claims against the fund received before the 1st day of May 1993; and b: Any claims against the fund received or anticipated to be received after the 30th day of April 1993 or any other matters arising after that date. Section 167 substituted 5 September 1988 3 Law Practitioners Amendment Act 1988 Section 167 substituted 167A inserted 29 April 1993 Law Practitioners Amendment Act 1993 167A: Practitioners not liable for more than $5,000 for claims incurred after 30 April 1993 Notwithstanding anything in section 165 (1A) 167 (1) section 165 (1A) Section 167 substituted 167A inserted 29 April 1993 Law Practitioners Amendment Act 1993 168: Investment of fund Any money in the fund that is not immediately required for the purposes of the fund may be invested in any manner in which trustees are for the time being authorised to invest trust funds. 1955 No 101 s 88 169: Application of fund 1: Subject to this Part of this Act, the fund shall be held and applied for the purpose of reimbursing persons who may suffer pecuniary loss by reason of the theft by a solicitor to whom this Part applies, or by his employee or agent, of any money or other valuable property entrusted to him, or to his employee or agent, in the course of his practice as a solicitor, including any money or other valuable property entrusted to him as a solicitor-trustee. 2: No person may bring a claim against the fund unless notice of the claim is given in writing to the Council or the Management Committee within 12 months after the claimant has become aware of the theft, or within such further time as the Council or Committee may in its discretion allow. 1955 No 101 s 89 169A: No reimbursement of money instructed to be invested 1: The fund shall not be applied in reimbursing any person for any loss relating to money which a solicitor has been instructed after the 30th day of April 1993 to invest on behalf of that person. 2: Subject to subsection (3) a: Who entrusts money to the solicitor; or b: For whom the solicitor holds money,— instructs the solicitor to invest all or some of the money in a specified investment or in an investment of the solicitor's choice. 3: A solicitor is not instructed to invest money only because that solicitor is instructed by a person— a: To pay the money into an account with a bank in New Zealand: b: To apply money on behalf of that person to give effect to a loan agreement where that person, being the lender,— i: Specifies the borrower to whom the money is to be lent; and ii: Has not been introduced to the borrower by the solicitor for the purpose of making that loan, other than, where that person is a financial institution within the meaning of the Reserve Bank of New Zealand Act 1989 iii: The solicitor has not made or participated in the decision to approve the making of the loan other than by advising in respect of the terms and conditions of the loan agreement: c: To apply money to give effect to any term of a conveyance to which that person is a party, other than a conveyance which is or gives effect to a loan agreement that does not come within the terms of paragraph (b) 4: Nothing in this section or in section 169B a: The Protection of Personal and Property Rights Act 1988 b: A trust arising out of a deceased estate: c: A trust created by a court order: d: A trust for the benefit of one or more persons suffering from physical or mental disability. 5: In this section a reference to a solicitor includes a reference to— a: Any partner, employee, or agent of the solicitor: b: Any nominee of the solicitor: c: Any company registered under the Companies Act 1955 Companies Act 1993 Companies Act 1955 Companies Act 1993 d: Any other incorporated or unincorporated body (other than a body that is a party to a listing agreement with a stock exchange) in relation to which the solicitor occupies a position comparable to that of a director within the meaning of the Companies Act 1955 or the Companies Act 1993 6: In this section conveyance a: A deed or agreement in writing— i: For the sale and purchase of, or relating to, any interest in land or buildings, including a company lease within the meaning of section 2 Resource Management Act 1991 ii: For the granting, in relation to any land or buildings, of a lease, tenancy, or licence to occupy, or for the sale and purchase or transfer or assignment of any such lease, tenancy, or licence: iii: For the sale and purchase of a business (including its shares and securities) and for any leases, licences, or rights connected with the business: iv: For the sale and purchase or lease of chattels, either separately or as part of an agreement to which subparagraph (i) (ii) (iii) b: Any other assignment or settlement by deed. Sections 169A 169B inserted 29 April 1993 Law Practitioners Amendment Act 1993 Subsection (5)(c) substituted 1 July 1994 2 Company Law Reform (Transitional Provisions) Act 1994 Subsection (5)(d) amended 1 July 1994 2 Company Law Reform (Transitional Provisions) Act 1994 by inserting the words or the Companies Act 1993 169B: Transitional provisions relating to liability for investment 1: Where any money has been invested or should have been invested by a solicitor in an investment in accordance with instructions given before the 1st day of May 1993, and is to be repaid to the person beneficially entitled to it on one or more dates after the 30th day of April 1993 specified in any agreement, whether with the borrower or the solicitor, the fund shall not be applied in reimbursing any person for any loss relating to that money caused by the theft of a solicitor to whom this Part of this Act applies, or by his or her employee or agent, committed at any time after the expiration of 90 days after the first date on which that money is due to be wholly repaid to the person beneficially entitled thereto. 2: Where any money has been invested or should have been invested by a solicitor in accordance with instructions given before the 1st day of May 1993 in an investment under which— a: The person beneficially entitled to repayment of the money is to be repaid on demand being made by the lender or on the occurrence of an event which will not or may not occur on a date certain; or b: There is no due date for repayment,— the fund shall not be applied in reimbursing any person for any loss relating to that money caused by the theft of a solicitor to whom this Part of this Act applies, or by an employee or agent of a solicitor, committed after the 30th day of April 1994. 3: For the purposes of this section, money shall only be taken to be invested if it would also be taken to be invested for the purposes of section 169A Sections 169A 169B inserted 29 April 1993 Law Practitioners Amendment Act 1993 170: Advances from fund for purposes of this Part Without limiting the generality of sections 161(e) 169 171: Claims against fund 1: The Council may receive and settle any claim against the fund at any time after the commission of the theft in respect of which the claim arose; but no person shall be entitled, without leave of the Council, to commence any action in relation to the fund until the claimant has exhausted all relevant rights of action and other legal remedies available against the defaulting solicitor or any other person in respect of the loss suffered by him. 2: No person shall be entitled to recover from the fund an amount greater than the balance of the loss suffered by him after deducting from the total amount of his loss the amount or value of all money or other benefits received or receivable by him from any source other than the fund in reduction of his loss, including any benefits received by reason of professional services rendered or disbursements paid by the defaulting solicitor. 3: No amount shall be paid or payable out of the fund as interest on the amount of any judgment obtained or of any claim admitted against the fund. 4: No right of action shall lie in relation to the fund in respect of— a: Any loss suffered by the spouse of a solicitor by reason of any theft committed by that solicitor; or b: Any loss suffered by a solicitor by reason of any theft committed by any partner of that solicitor, or by reason of any theft committed by an employee of the solicitor or an employee of any firm of solicitors in which the solicitor is a partner. 1955 No 101 s 90 172: Defences to claims against fund In any action brought against the New Zealand Law Society in relation to the fund, all defences that would have been available to the defaulting solicitor shall be available to the Society. 1955 No 101 s 91 173: Subrogation of rights of action against defaulting solicitor On payment out of the fund of any money in settlement in whole or in part of any claim under this Part of this Act, the New Zealand Law Society shall be subrogated, to the extent of that payment, to all the rights and remedies of the claimant against the solicitor in relation to whom the claim arose, or, in the event of his death or insolvency or other disability, against his personal representatives or other persons having authority to administer his estate, and to all other rights and remedies of the claimant in respect of the theft to which the claim relates. 1955 No 101 s 92 174: Provisions applicable if fund insufficient to satisfy claims 1: No money or other property belonging to the New Zealand Law Society other than the fund shall be available for the satisfaction of any judgment obtained against the Society in relation to the fund, or for the payment of any claim allowed by the Council. 2: If at any time the fund is not sufficient to provide for the satisfaction of all such judgments and claims, or for any other payments authorised by section 161 2A: Notwithstanding subsection (2) (4) section 165(1A) section 167(3) section 161 2B: Notwithstanding subsection (2) (4) section 167(3) section 161 3: The Council may in its absolute discretion, having regard to subsection (4) 4: Without limiting the discretion of the Council, in applying the fund towards the settlement of any such judgments and claims it shall have regard to the following rules: a: It shall take into consideration the relative degrees of hardship suffered or likely to be suffered by the several claimants in the event of their claims against the fund not being satisfied in whole or in part: b: Except in special circumstances, claims for amounts not exceeding $1,000 shall be satisfied in full before claims for amounts exceeding $1,000 are satisfied to a greater extent than $1,000: c: Where all other considerations are equal, claimants shall have priority as between themselves according to the dates of the judgments or the dates when the claims were admitted by the Council, as the case may be. 1955 No 101 s 93 Subsection (2) substituted 29 April 1993 (2A) (2B) inserted 29 April 1993 Law Practitioners Amendment Act 1993 175: Council may enter into contracts of insurance 1: Notwithstanding anything to the contrary in the foregoing provisions of this Part of this Act, the Council may in its discretion enter into any contract or contracts of insurance with any person or company carrying on fidelity insurance business in New Zealand, whereby the New Zealand Law Society will be indemnified to the extent and in the manner provided by the contract or contracts against liability to pay claims under this Part. 2: Any such contract of insurance may be entered into in relation to solicitors generally or in relation to any solicitor or solicitors named in the contract. 3: No action shall lie against the New Zealand Law Society, or against any member or employee of the Society or of the Council, or against any member of the Management Committee, for injury alleged to have been suffered by any solicitor by reason of the publication in accordance with fact of a statement that a contract of insurance entered into under this section does or does not apply to that solicitor. 4: If any contract of insurance is entered into in respect of any specified solicitor or solicitors, the Council shall on the application of any other solicitor enter into a like contract of insurance in respect of the last-mentioned solicitor if the insurer signifies his or its willingness to enter into such a contract on like terms and conditions. 1955 No 101 s 94 176: Application of insurance money 1: No claimant against the fund shall have any right of action against any insurance company or other person with whom a contract of insurance is made under this Part of this Act in respect of that contract, or have any right to claim any money paid by the insurer in accordance with the contract. 2: All money so paid by the insurer shall be paid into the fund and shall be applied in or towards the settlement of relevant claims. 1955 No 101 s 95 177: Rules for purposes of this Part 1: For the purposes of this Part of this Act, the Council may from time to time make rules for all or any of the following purposes: a: b: Providing for the investment of so much of the fund as is not immediately required for the purposes of this Part of this Act: c: Prescribing forms of notice to be given to the Council in relation to claims against the fund, and the conditions subject to which and the extent to which the Council may settle any such claims without recourse being had to legal proceedings: d: Generally for such other matters as may be considered necessary for the purpose of protecting the fund, or for its administration, or for the purpose of giving full effect to the intent of this Part of this Act. 2: Rules made under this section shall not come into force unless they are approved by the Governor-General in Council. 1955 No 101 s 100(1)(a)-(c), (e), (2) Subsection (1)(a) repealed 5 September 1988 4 Law Practitioners Amendment Act 1988 10: The Partners Protection Fund 178: Interpretation In this Part of this Act, unless the context otherwise requires,— Fund Management Committee Committee Part 9 Prescribed 1955 No 101 s 100A 1975 No 35 s 5 179: Application of this Part 1: This Part of this Act applies to every solicitor who is for the time being engaged in the practice of his profession in partnership with any other person or persons; but it shall not apply to any solicitor who is not so engaged. 2: Every solicitor who is held out as a consultant partner of a solicitor or firm of solicitors shall for the purposes of this Part of this Act be deemed to be practising as a partner of the solicitor or as a partner in the firm, as the case may require. 1955 No 101 s 100B 1975 No 35 s 5 180: Partners Protection Fund 1: There shall continue to be a Partners Protection Fund, being the fund established under Part 6A of the Law Practitioners Act 1955 section 5 of the Law Practitioners Amendment Act 1975 2: The fund shall be the property of the New Zealand Law Society, and shall be held in trust for the purposes specified in this Part of this Act. 1955 No 101 s 100C 1975 No 35 s 5 181: Money payable into fund The fund shall consist of— a: All sums paid to or on account of the fund by solicitors, either as annual contributions or as levies, in accordance with this Part of this Act: b: The interest from time to time accruing from the investment of the fund in accordance with rules made under this Part of this Act: c: All money recovered by or on behalf of the New Zealand Law Society in the exercise of any right of action conferred by this Part of this Act: d: Any other money that may be lawfully paid into the fund. 1955 No 101 s 100D 1975 No 35 s 5 182: Expenditure from fund There shall from time to time be paid out of the fund, as required,— a: The amount of all claims, including costs, allowed or established against the fund in accordance with this Part of this Act: b: All legal expenses incurred in defending claims made against the fund, or otherwise incurred in relation to the fund: c: All premiums payable in respect of contracts of insurance entered into by the Council pursuant to rules made under this Part of this Act: d: The expenses involved in the administration of the fund, including allowances to members of the Council or the Management Committee in respect of their services and their reasonable travelling expenses incurred in connection with the management of the fund: e: All other money payable in respect of any matter for which payment is required or considered necessary by the Council for the purposes of this Part of this Act or the rules made under it, including the cost of investigations directed by the Management Committee or a District Law Society. 1955 No 101 s 100E 1975 No 35 s 5 183: Administration of fund 1: Subject to subsection (2) 2: The Council may from time to time by resolution delegate to the Management Committee all or any of its powers in relation to the fund. 3: Any such resolution may at any time in like manner be rescinded or varied. 1955 No 101 s 100F 1975 No 35 s 5 184: Solicitors practising in partnership to pay prescribed fees into fund 1: Every solicitor to whom this Part of this Act applies, on making application in any year for a practising certificate, shall, in addition to all other fees then payable by him, pay such fee as may from time to time be prescribed for the purposes of this Part of this Act, being not less than $20 nor more than $100 in any year; and no such certificate shall be issued until the prescribed fee and any levy payable under section 185 2: If a solicitor to whom this Part of this Act does not apply at the time of his application for a practising certificate thereafter, but before the 30th day of June in the year for which that certificate is issued, commences to practise as a solicitor in partnership with any other person or persons, he shall thereupon become liable to pay to the fund the fee prescribed for that year. 1955 No 101 s 100G 1975 No 35 s 5 185: Solicitors may be required to pay levy 1: If at any time the fund is not sufficient, or, in the opinion of the Council having regard to any prospective claims or liabilities likely to be received or incurred, may not be sufficient, to satisfy the liabilities of the New Zealand Law Society in relation to the fund, the Council may by resolution impose on every solicitor to whom this Part of this Act applies, for payment into the fund, a levy of such amount as it thinks fit, not exceeding the prescribed amount. 2: The amount of every such levy shall become payable on a date and in a manner to be fixed by the Council. 1955 No 101 s 100H 1975 No 35 s 5 186: Application of fund 1: Subject to this Part of this Act, the fund shall be held and applied for the purpose of reimbursing any solicitor to whom this Part applies who suffers pecuniary loss by reason of a claim brought against him arising out of the theft, by any person with whom the solicitor was, at the time of the theft, practising in partnership, of any money or other valuable property entrusted to that person in the course of his practice as a solicitor, including any money or other valuable property entrusted to him as a solicitor-trustee. 2: No person may bring a claim against the fund unless notice of the claim is given in writing to the Council or the Management Committee within 12 months after the claimant has suffered pecuniary loss, or within such further time as the Council or Committee may in its discretion allow. 3: No person shall have any claim against the fund in respect of any claim brought against him arising out of any theft committed before the 1st day of January 1976. 1955 No 101 s 100I 1975 No 35 s 5 187: Claims against fund 1: The Council may receive and settle any claim against the fund at any time after the cause of the claim has arisen; but no solicitor shall be entitled, without leave of the Council, to commence any action in relation to the fund until he has exhausted all relevant rights of action and other legal remedies available against his defaulting partner or any other person in respect of the loss suffered by him. 2: No right of action shall lie in relation to the fund in respect of any loss suffered by a solicitor by reason of any theft committed by any of his partners if the solicitor was a party to the theft. 3: No solicitor shall be entitled to recover from the fund an amount greater than the balance of the loss suffered by him after deducting from the total amount of his loss the amount or value of all money or other benefits received or receivable by him from any source other than the fund in reduction of his loss. 4: No amount shall be paid or payable out of the fund as interest on the amount of any judgment obtained or of any claim admitted against the fund. 5: Notwithstanding any of the foregoing provisions of this section, the total amount that would otherwise be payable out of the fund to the partner or partners of a defaulting solicitor shall be reduced by the sum of $5,000: Provided that in exceptional cases the Council may determine that the amount shall be reduced by such sum, being not less than $2,000, as it thinks fit. 6: Notwithstanding any other provision of this Part of this Act, the Council may set off against the sum that would otherwise be payable out of the fund to any solicitor the amount of any claim that the New Zealand Law Society may be entitled to against that solicitor in respect of the Solicitors' Fidelity Guarantee Fund. 1955 No 101 s 100J 1975 No 35 s 5 188: Rules for purposes of this Part 1: For the purposes of this Part of this Act the Council may from time to time make rules for all or any of the following purposes: a: Applying all or any of the provisions of sections 159 162 166 168 172 to 176 Part 5 b: Prescribing the amount of the annual contributions to the fund to be paid by solicitors to whom this Part of this Act applies: c: Providing for the investment of so much of the fund as is not immediately required for the purposes of this Part of this Act: d: Prescribing forms of notice to be given to the Council in relation to claims against the fund, and the conditions subject to which and the extent to which the Council may settle any such claims without recourse being had to legal proceedings: e: Generally for such other matters as may be considered necessary for the purpose of protecting the fund, or for its administration, or for the purpose of giving full effect to the intent of this Part of this Act. 2: Rules made under this section shall not come into force unless they are approved by the Governor-General in Council. 1955 No 101 s 100K 1975 No 35 s 5 11: Miscellaneous Provisions 189: Protection of Councils of New Zealand and District Law Societies Without limiting section 137 1955 No 101 s 122 189A: This section was inserted 17 December 1985 Law Practitioners Amendment Act 1985 repealed 1 July 1994 Companies Amendment Act 1993 190: General penalty for offences Every person who commits an offence against this Act for which no penalty is provided otherwise than in this section is liable to a fine not exceeding $1,000 and, if the offence is a continuing one, to a further fine not exceeding $100 for every day on which the offence has continued. 191: Summary conviction 1: Every offence against this Act or against any regulations made under this Act shall be punishable on summary conviction. 2: Notwithstanding anything to the contrary in section 14 Summary Proceedings Act 1957 1955 No 101 s 123 192: Transitional provisions 1: Every person who, at the commencement of this Act, holds office as President, Vice-President, President-elect, or Treasurer of the New Zealand Law Society, or as a member of the Council of the Society, shall, unless he sooner vacates office otherwise than by effluxion of time, continue to hold that office until his successor comes into office in accordance with the Society's rules. 2: Every person who, at the commencement of this Act, holds office as an appointed member of the Council of Legal Education shall, unless his office sooner becomes vacant under section 33 3: All investigations, inquiries, applications, and other proceedings of a disciplinary nature before a District Council under sections 108 and 114 of the Law Practitioners Act 1955 Part 3 or section 112 of that Act Part 4 of that Act 193: Repeals and amendments 1: The enactments specified in the Schedule to this Act are hereby repealed. 2: 3: Every reference in any other Act or in any regulation, rule, instrument, or other document to the taxation of a solicitor's costs shall, unless the context otherwise requires, be read as a reference to their revision. Subsection (2) repealed 12 December 1983 Legal Aid Amendment Act 1983

DLM59096

1982

Road User Charges Amendment Act 1982

1: Short Title This Act may be cited as the Road User Charges Amendment Act 1982, and shall be read together with and deemed part of the Road User Charges Act 1977 2: Confirmation of increase in road user charges As required by section 20 3: Road user charges rates 1: 2: 3: 4: Section 21 subsection (3) 3 5: This subsection repealed the definition of the term licence category section 2 6: The Road User Charges Amendment Act 1981 section 4(1) Schedule 1 7: The following Orders in Council are hereby consequentially revoked: a: The Road User Charges (Time Licences) Order 1978: b: The Road User Charges (Time Licences) Order 1979: c: The Road User Charges (Rates) Order 1982. Subsections (1) to (3) repealed 21 September 1984 4(6) Road User Charges Amendment Act 1984

DLM66533

1982

Fire Service Amendment Act 1982

1: Short Title This Act may be cited as the Fire Service Amendment Act 1982, and shall be read together with and deemed part of the Fire Service Act 1975 2: Levy 1: 2: Notwithstanding subsection (1) section 48 subsection (5) subsection (1) Subsection 1(1) repealed 1 July 1986 8(4) Fire Service Amendment Act 1986

DLM63970

1982

Contracts (Privity) Act 1982

1: Short Title and commencement 1: This Act may be cited as the Contracts (Privity) Act 1982. 2: This Act shall come into force on 1 April 1983. 2: Interpretation In this Act, unless the context otherwise requires,— benefit a: any advantage; and b: any immunity; and c: any limitation or other qualification of— i: an obligation to which a person (other than a party to the deed or contract) is or may be subject; or ii: a right to which a person (other than a party to the deed or contract) is or may be entitled; and d: any extension or other improvement of a right or rights to which a person (other than a party to the deed or contract) is or may be entitled beneficiary section 4 contract court promisee section 4 a: a party to the deed or contract; and b: a person to whom the promise is made or given promisor section 4 a: a party to the deed or contract; and b: a person by whom the promise is made or given. Section 2 court substituted 19 December 2002 section 3 Contracts (Privity) Amendment Act 2002 3: Act to bind the Crown This Act shall bind the Crown. 4: Deeds or contracts for the benefit of third parties Where a promise contained in a deed or contract confers, or purports to confer, a benefit on a person, designated by name, description, or reference to a class, who is not a party to the deed or contract (whether or not the person is in existence at the time when the deed or contract is made), the promisor shall be under an obligation, enforceable at the suit of that person, to perform that promise: provided that this section shall not apply to a promise which, on the proper construction of the deed or contract, is not intended to create, in respect of the benefit, an obligation enforceable at the suit of that person. 5: Limitation on variation or discharge of promise 1: Subject to sections 6 7 section 4 a: the position of a beneficiary has been materially altered by the reliance of that beneficiary or any other person on the promise (whether or not that beneficiary or that other person has knowledge of the precise terms of the promise); or b: a beneficiary has obtained against the promisor judgment upon the promise; or c: a beneficiary has obtained against the promisor the award of an arbitral tribunal the promise and the obligation imposed by that section may not be varied or discharged without the consent of that beneficiary. 2: For the purposes of paragraph (b) or paragraph (c) of subsection (1) a: an award of an arbitral tribunal b: an award of an arbitral tribunal Section 5(1)(c) amended 19 December 2002 section 4 Contracts (Privity) Amendment Act 2002 Section 5(2)(a) amended 19 December 2002 section 4 Contracts (Privity) Amendment Act 2002 Section 5(2)(b) amended 19 December 2002 section 4 Contracts (Privity) Amendment Act 2002 6: Variation or discharge of promise by agreement or in accordance with express provision for variation or discharge Nothing in this Act prevents a promise to which section 4 a: by agreement between the parties to the deed or contract and the beneficiary; or b: by any party or parties to the deed or contract if— i: the deed or contract contained, when the promise was made, an express provision to that effect; and ii: the provision is known to the beneficiary (whether or not the beneficiary has knowledge of the precise terms of the provision); and iii: the beneficiary had not materially altered his position in reliance on the promise before the provision became known to him; and iv: the variation or discharge is in accordance with the provision. 7: Power of court to authorise variation or discharge 1: Where, in the case of a promise to which section 4 a: the variation or discharge of that promise or obligation is precluded by section 5(1)(a) b: it is uncertain whether the variation or discharge of that promise is so precluded,— a court, on application by the promisor or promisee, may, if it is just and practicable to do so, make an order authorising the variation or discharge of the promise or obligation or both on such terms and conditions as the court thinks fit. 2: If a court— a: makes an order under subsection (1) b: is satisfied that the beneficiary has been injuriously affected by the reliance of the beneficiary or any other person on the promise or obligation,— the court shall make it a condition of the variation or discharge that the promisor pay to the beneficiary, by way of compensation, such sum as the court thinks just. 8: Enforcement by beneficiary The obligation imposed on a promisor by section 4 9: Availability of defences 1: This section applies only where, in proceedings brought in a court 2: Subject to subsections (3) and (4) a: if the beneficiary had been a party to the deed or contract in which the promise is contained; or b: if— i: the beneficiary were the promisee; and ii: the promise to which the proceedings relate had been made for the benefit of the promisee; and iii: the proceedings had been brought by the promisee. 3: The promisor may, in the case of a set-off or counterclaim arising by virtue of subsection (2) 4: Notwithstanding subsections (2) and (3) a: the beneficiary shall not be liable on the counterclaim, unless the beneficiary elects, with full knowledge of the counterclaim, to proceed with his claim against the promisor; and b: if the beneficiary so elects to proceed, his liability on the counterclaim shall not in any event exceed the value of the benefit conferred on him by the promise. Section 9(1) amended 19 December 2002 section 5 Contracts (Privity) Amendment Act 2002 10: Jurisdiction of District Courts Section 10 repealed 19 December 2002 section 6 Contracts (Privity) Amendment Act 2002 11: Jurisdiction of Disputes Tribunals Section 11 repealed 19 December 2002 section 6 Contracts (Privity) Amendment Act 2002 12: Amendments of Arbitration Act 1908 Section 12 repealed 1 July 1997 section 18 Arbitration Act 1996 13: Repeal Section 13 repealed 1 January 2008 section 364(1) Property Law Act 2007 13A: Act does not apply to promises, contracts, or deeds governed by foreign law This Act does not apply to any promise, contract, or deed, or any part of any promise, contract, or deed, that is governed by a law other than New Zealand law. Section 13A inserted 19 December 2002 section 7 Contracts (Privity) Amendment Act 2002 14: Savings 1: Nothing in this Act limits or affects— a: any right or remedy that exists or is available apart from this Act; or b: subpart 2 c: the law of agency; or d: the law of trusts. 2: Subsection (1) section 7 section 13 3: Section 7 section 13 Section 14 substituted 1 January 2008 section 364(1) Property Law Act 2007 15: Application of Act 1: This Act does not apply to any promise, contract, or deed made before 1 April 1983. 2: Subsection (1) section 14(3) Section 15 substituted 1 January 2008 section 364(1) Property Law Act 2007

DLM64749

1982

Education Amendment Act (No 2) 1982

1: Short Title and commencement 1: This Act may be cited as the Education Amendment Act (No 2) 1982, and shall be read together with and deemed part of the Education Act 1964 2: Subject to section 17(3) 2: Section 2 repealed 23 July 1990 section 50(5) Education Amendment Act 1990 3: Governing bodies of other secondary schools 1: 2: Every notice published in the Gazette section 51(1) a: Had not then been established as an integrated school; and b: Thereafter was, or is, so established,— and the purported election or appointment of any member of that Board of Governors, and every action of any person in relation to any such election or appointment, shall be deemed to have been or, as the case requires, to be, as valid and effectual as if this section had been in force when that notice was published. Subsection (1) repealed 18 May 1989 School Trustees Act 1989 4: 5: This section was repealed 19 December 1998 section 19(3)(b) Education Amendment Act (No 2) 1998 6: Section 6 repealed 1 January 1990 section 15(5)(f) Education Amendment Act 1989 7: Section 7 repealed 1 January 1990 section 15(5)(f) Education Amendment Act 1989 8: Terms and holidays 1: 2: 3: 4: Section 10 of the Education Amendment Act 1977 is hereby consequentially repealed. 9: Section 9 repealed 23 July 1990 section 50(5) Education Amendment Act 1990 Subsections (2) (3) repealed 1 October 1989 section 8(1) State Sector Amendment Act 1989 10: Section 10 repealed 1 October 1989 section 8(1) State Sector Amendment Act 1989 11: Section 11 repealed 1 October 1989 section 8(1) State Sector Amendment Act 1989 12: Section 12 repealed 1 October 1989 section 8(1) State Sector Amendment Act 1989 13: 14: Section 14 repealed 20 July 1987 Education Amendment Act (No 2) 1987 15: Section 15 repealed 1 October 1989 section 142(3) Education Amendment Act 1989 16: Change of name of former South Auckland Education District and Board The name of the education district whose name immediately before the commencement of this section was the South Auckland education district shall be the Hamilton education district; and section 21(1) 17: Section 17 repealed 1 January 1992 section 35(3)(a) Education Amendment Act (No 4) 1991

DLM61387

1982

Local Legislation Act 1982

1: Short Title This Act may be cited as the Local Legislation Act 1982. 2: Auckland Regional Authority: Authorising payments to persons attending meetings and conferences, and validating illegal payments made to such persons 1: Before 1 April 1983, subsections (1)(d) and (3)(c) of section 214 a: are members of any committee or subcommittee of the Auckland Regional Authority (hereafter in this section referred to as the Authority); and b: are neither members nor employees of the Authority,— as if they are members of the Authority. 2: Where, pursuant to a resolution of the Authority, any member of the Authority, or any member of a committee or subcommittee of the Authority (whether or not a member of the Authority), attends any conference or meeting before 1 April 1983 as a representative of the Authority, not being a meeting of any local authority of which he is a member, the said section 214 regional council 3: Every payment made before the commencement of this Act by the Authority to any person in respect of his attendance at a conference or meeting is hereby deemed to be as valid as if subsection (1) had come into force on the commencement of the said section 214 section 28 3: Bay of Islands County Council: Validating invalid fees 1: Notwithstanding that the Bay of Islands County Council has purported to fix all fees charged before 1 November 1982 in relation to scheme plans for the subdivision of land (hereafter in this section referred to as the said fees) by resolution,— a: each of the said fees is hereby validated and deemed to have been as lawful; and b: all actions of the said Council in charging the said fees are hereby validated and deemed to have been as lawful; and c: all money received by the said Council in payment of any of the said fees is hereby deemed to have been as lawfully paid and received; and d: such of the said fees, and such part of any of the said fees, charged in respect of any plan submitted to the said Council before 1 November 1982 as has not yet been paid to the said Council is hereby deemed to be as lawfully payable, and as capable of being recovered as if it had always been lawfully payable,— as if each of the said fees had been fixed by a bylaw of the said Council, duly made, and confirmed on the day on which the said Council purported to fix that fee by resolution. 2: Every resolution of the said Council purporting to fix any of the said fees may be amended or revoked by the said Council in the same manner and to the same extent as if it were a bylaw. 3: Where any resolution of the said Council made before 1 November 1982 purported to amend or revoke any earlier resolution of the said Council purporting to fix any of the said fees, that first-mentioned resolution shall be deemed to have had effect according to its tenor. 4: Clutha County Council: Validating illegal lump sum payment scheme The Silverpeaks County Council (Lump Sum Contributions) Empowering Act 1981 a: every reference in that Act to the Silverpeaks County Council were a reference to the Clutha County Council; and b: every reference in that Act to the Silverpeaks County were a reference to the Clutha County; and c: the reference in section 3(1) of that Act section 443 section 241 of the Counties Act 1956 d: the words “Pursuant to the Silverpeaks County Council (Lump Sum Contributions) Empowering Act 1981” had been omitted from form 1 of the Schedule of that Act. 5: Dunedin City Council: Validating unlawful contract for purchase of computer Notwithstanding section 23(1) of the Local Authorities Loans Act 1956,— a: the contract dated 11 June 1982 between the Dunedin City Council (hereafter in this section referred to as the Council) and International Computers (New Zealand) Limited for the purchase of certain computer equipment and software (hereafter in this section referred to as the Contract) is hereby deemed to be as valid and lawful; and b: all payments made by the Council under the Contract are hereby deemed to have been as lawfully made; and c: any future payment by the Council provided for in the Contract is hereby deemed to be as lawfully payable,— as if the period over which the Council is required by the Contract to make payments were part of the year ending with 31 March 1983. 6: Kaiapoi Borough Council: Authorising lease of land held in trust 1: Subject to subsection (2), the Kaiapoi Borough Council is hereby authorised and empowered— a: to lease to the Boy Scouts Association of New Zealand— i: that part of the land described in subsection (4) (hereafter in this section referred to as the said land) upon which there was, immediately before the commencement of this Act, a building erected by that Association; and ii: such other part or parts of the said land as, in the opinion of the said Council, it is necessary or desirable to lease to that Association in order to enable it to obtain adequate access to and benefit from the land described in subparagraph (i); and b: to subdivide the said land accordingly. 2: The said Council shall not lease more than 1 000 m 2 3: Such part of the said land as the said Council leases to that Association shall thereupon be freed from all trusts, reservations, and restrictions to which it was theretofore subject; and the 4: The said land comprises all that parcel of land situated in the Borough of Kaiapoi containing approximately 6 677 m 2 Section 6(3) amended 1 June 2002 section 38(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 7: Mackenzie, Strathallan, and Waimate County Councils: Validating invalid rates Notwithstanding that the notice required by section 52 of the Rating Act 1967 was not given in respect of the rates and charges specified in the Schedule a: the said rates are hereby validated and deemed to have been lawfully made: b: all actions of any County Council in levying and collecting any of the said rates made by it are hereby validated and deemed to have been lawful: c: all money received by any County Council in respect of any of the said rates made by it is hereby deemed to have been lawfully paid to and received by it: d: such part of any of the said rates as has not yet been paid to the County Council by which it was made is hereby deemed to be lawfully payable, and capable of being collected as if it had always been lawfully payable. 8: Te Puke Borough Council: Authorising use of proceeds from sale of endowment for reserve development 1: Notwithstanding section 230 a: the development of the Council Reserve known as Centennial Park: b: the construction of facilities on that reserve. 2: The said land comprises all those parcels of land situated in the Borough of Te Puke together containing approximately 1.1093 hectares being Lot 1 DPS 13934 and Lots  3 to 5 and 7 to 10, and Part Lots 1, 2, and 6, DPS 30558, and being— a: all the land comprised and described in certificates of title Nos 27C/796, 27C/797, 27C/798, 27C/799, 27C/800, 27C/801, and 27C/802 (South Auckland Registry): b: the residue of the land comprised and described in certificate of title No 12B/133 (South Auckland Registry): c: so much of the land comprised and described in certificates of title Nos 27C/795 and 28B/332 (South Auckland Registry) as was formerly comprised and described in the said certificate of title No 12B/133. 9: West Coast Electric Power Board: Validating unlawful purchase of shares and authorising purchase of further shares 1: Notwithstanding that it is not authorised by law to do so, the actions of the West Coast Electric Power Board in— a: purchasing 3 333 $1 shares in Westland Data Processing Limited for $3,333 on 27 April 1977; and b: entering into— i: an agreement with Milne David Barrymore Jellie, Philip John Heaphy, and John Michael Marshall dated 14 September 1982 to purchase a further 3 333 $1 shares in that company at a price to be agreed between the parties to that agreement; and ii: an agreement with Trumans Limited dated 27 October 1982 to purchase a further 3 333 $1 shares in that company at a price to be agreed between the parties to that agreement,— are hereby validated and deemed to have been lawful; and those agreements are hereby validated and deemed to be lawful and binding according to their tenor. 2: The West Coast Electric Power Board is hereby authorised and empowered to have and exercise all the rights and powers in respect of any shares that it holds in Westland Data Processing Limited and in respect of that company, including the right to subscribe for or purchase further shares in that company, that it would have if it were an individual person.

DLM59006

1982

Stamp and Cheque Duties Amendment Act 1982

1: Short Title and commencement 1: This Act may be cited as the Stamp and Cheque Duties Amendment Act 1982, 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 6th day of August 1982. 2: Conveyance duty 1: This subsection inserted subss (2B) (2C) 2: 3: This section shall apply to every instrument of conveyance executed on or after the 6th day of August 1982. Subsection (2) repealed 17 March 1988 7(2) Stamp and Cheque Duties Amendment Act (No 2) 1988 3: Increase in financial limits for first farm exemption 1: This subsection amended s 22B(7) 2: The Stamp and Cheque Duties (First Farm Exemption) Extension Order 1981 3: This section shall apply to every instrument of conveyance of farm land or shares in a farming company executed on or after the 6th day of August 1982; but where more than one instrument of conveyance is executed in respect of the same transaction, this section shall apply only if the earliest instrument is executed on or after that date.

DLM62302

1982

Finance Act 1982

1: Short Title This Act may be cited as the Finance Act 1982. 2: Validating acquisition of shares by Minister of Finance 1: In this section,— Minister Petrocorp 2: 3: Subject to subsection (4), the Minister may from time to time— a: on behalf of Her Majesty the Queen, subscribe for or otherwise acquire further shares in Petrocorp: b: from a Crown Bank 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 Petrocorp or New Zealand Liquid Fuels Investment Limited. 4: The Minister shall not acquire any shares whose acquisition increases his total holdings on behalf of Her Majesty the Queen in Petrocorp to more than 10% of its issued capital. Section 2(2) repealed 1 July 1984 section 7(1) Finance Act 1983 (1983 No 59). Section 2(3)(b) 1 July 1989 section 83(7) Public Finance Act 1989 3: Repeals and savings Section 3 repealed 1 July 1984 section 7(1) Finance Act 1983

DLM59720

1982

Land Transfer Amendment Act (No 2) 1982

1: Short Title and commencement 1: This Act may be cited as the Land Transfer Amendment Act (No 2) 1982, and shall be read together with and deemed part of the Land Transfer Act 1952 2: Sections 3 4 3: Except as provided in subsection (2) of this section 2: 3: 4: 5: 6: Register folium lost, etc 1: This subsection inserted section 215B 2: Where, before the commencement of this section, the Registrar has prepared a copy of the original grant or certificate of title or other instrument relating to any land in circumstances in which he would have been authorised to do so by section 215B subsection (1) of this section

DLM59015

1982

Citizenship (Western Samoa) Act 1982

1: Short Title and commencement 1: This Act may be cited as the Citizenship (Western Samoa) Act 1982. 2: This Act shall come into force on 15 September 1982. 2: Interpretation In this Act the term New Zealand 3: Crown bound This Act binds the Crown. 4: Application 1: Subject to subsections (2) and (3) but without limiting section 7(1)(a) a: every person— i: who was born in Western Samoa on or after 13 May 1924 and before 1 January 1949; and ii: who, immediately before 1 January 1949, was a British subject by virtue only of having been born in that country; and b: every female who, on 1 January 1949, became a New Zealand citizen by virtue only of having been married to any person to whom paragraph (a) applies; and c: every person— i: who is the descendant of a person who was born in Western Samoa on or after 13 May 1924 and before 1 January 1949; and ii: who was born before 1 January 1949; and iii: who was a British subject immediately before 1 January 1949; and d: every female who, on 1 January 1949, became a New Zealand citizen by virtue only of having been married to any person to whom paragraph (c) applies; and e: every person— i: who is the descendant of any person to whom any 1 or more of paragraphs (a) to (d) applies; and ii: who was or is born on or after 1 January 1949. 2: This Act does not apply to any person who is a New Zealand citizen otherwise than by virtue only of being a person to whom any 1 or more of paragraphs (a) to (e) of subsection (1) applies. 3: This Act, except section 8 Passports Act 1980 5: Certain person declared to be New Zealand citizen Falema'i Lesa of Wellington (being the petitioner in the case of Lesa v The Attorney-General of New Zealand 6: Persons to whom this Act applies not New Zealand citizens Notwithstanding anything in the Citizenship Act 1977 section 5 section 7 sections 8 to 10 7: Grant of citizenship as of right in certain cases 1: Notwithstanding anything in section 8 section 9 a: that he is a citizen of Western Samoa or a person to whom this Act applies; and b: that he— i: was in New Zealand at any time on the day before the date of the commencement of this Act; or ii: has lawfully entered New Zealand after the commencement of this Act and is entitled, in terms of the Immigration Act 2009 , to be in New Zealand indefinitely 2: Sections 4A 11 12 24 27 28 section 10 Section 7(1)(b)(ii) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 7(1)(b)(ii) amended 1 November 1987 section 151(1) Immigration Act 1987 Section 7(2) amended 17 December 1985 Citizenship (Western Samoa) Amendment Act 1985 8: Certain convictions quashed 1: Where any person to whom this Act applies has been convicted, at any time before the commencement of this Act, of an offence against section 5(1)(a) of the Immigration Act 1964 Part 2 (except section 19A) of that Act 2: No person to whom this Act applies shall be deemed to be a person to whom section 15 3: Without limiting or affecting any privilege, immunity, defence, or justification conferred by any other enactment or rule of law, no person shall be guilty of an offence or liable to any civil proceeding by reason of anything done in good faith to or in respect of any person to whom this Act applies in relation to or arising out of any matter referred to in subsection (1). Section 8(2) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 8(2) amended 1 November 1987 section 151(1) Immigration Act 1987 9: Special provisions relating to parentage 1: For the purposes of determining whether any person is or is not a person to whom this Act applies,— a: a person shall, in the absence of evidence to the contrary, be presumed to be the father of another person if he is or was married to that other person's mother at the time of that other person's conception or birth: b: every person whose parents married each other subsequent to his birth but before 1 January 1978 shall be treated as if his parents had been married to each other at the time of his birth. 2: Without limiting subsection (1), for the purposes of determining whether any person, other than a person who was born outside Western Samoa before 1 January 1949, is or is not a person to whom this Act applies,— a: a person shall, in the absence of evidence to the contrary, be presumed to be the father of another person if his paternity of that other person has been established by 1 or more of the types of evidence specified by section 8 b: a person shall be deemed to be the child of another person if he has been adopted by that other person, either by an adoption order within the meaning of and made under the Adoption Act 1955 section 17 i: the terms father, mother, and parent shall be construed accordingly; and ii: the person shall be deemed to have been born when and where the adoption order was made: provided that, on the discharge for any reason of the adoption order in accordance with section 20 3: References to the status or description of the father or mother of a person at the time of that person's birth shall, in relation to a person born after the death of his father or mother (as the case may require), be construed as referring to the status or description of the father or mother at the time of his or her death. 4: Where the relevant parent died before, and the person was born on or after, 1 January 1949, the status or description that would have been applicable to the parent had he or she died on or after 1 January 1949 shall be deemed to be the status or description applicable to him or her at the time of his or her death. 5: Where the relevant parent died before, and the birth occurred on or after, 1 January 1978, the status or description that would have been applicable to the parent had he or she died on or after that date shall be deemed to be the status or description applicable to him or her at the time of his or her death. 6: Without limiting the foregoing provisions of this section, for the purposes of determining whether any person is or is not a person to whom this Act applies, the status of any person at any material time shall be determined in accordance with the rules of law that applied, or were subsequently deemed to have applied, at that time. 10: Citizenship Act 1977 consequentially amended Amendment(s) incorporated in the Act(s) 11: Act in force in Tokelau This Act shall be in force in Tokelau.

DLM66507

1982

Health Benefits (Reciprocity with the United Kingdom) Act 1982

1: Short Title and commencement 1: This Act may be cited as the Health Benefits (Reciprocity with the United Kingdom) Act 1982. 2: This Act shall come into force on a date to be fixed by the Governor-General by Order in Council. The date so fixed may be a date before the date on which the Order in Council is made. 3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 1 January 1983 clause 2 Health Benefits (Reciprocity with the United Kingdom) Act Commencement Order 1984 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 2: Agreement to have full force and effect The provisions contained in the agreement set out in the Schedule Section 2 substituted 1 July 1993 section 32 Health Sector (Transfers) Act 1993 3: Revocation The Medical, Hospital, and Related Benefits (Reciprocity with United Kingdom) Notice 1960 is hereby revoked.

DLM59731

1982

Friendly Societies and Credit Unions Act 1982

1: Short Title and commencement 1: This Act may be cited as the Friendly Societies and Credit Unions Act 1982. 2: This Act shall come into force on 1 April 1983. 2: Interpretation In this Act, unless the context otherwise requires,— accounting records actuary actuarial report section 74(1) adult amendment of rule annual return a: in the case of societies registered under Part 2 section 70 b: in the case of credit unions, under section 127 applicable auditing and assurance standard section 5 Financial Reporting Act 2013 applicable financial reporting standard section 5 Financial Reporting Act 2013 association incorporated under Part 3 section 146 bank person carrying on in New Zealand the business of banking Post Office Bank Limited company's successor under the Private Savings Banks (Transfer of Undertakings) Act 1992 bank's successor company constituted under the Companies Act 1993 benevolent society section 11(1)(b) branch central body committee committee of management or a credit union credit union a: means a credit union incorporated under Part 3 section 100B b: subject to section 146(8) Part 3 document financial product section 7(1) financial statements section 6 Financial Reporting Act 2013 financial year friendly society section 11(1)(a) generally accepted accounting practice section 8 Financial Reporting Act 2013 land licensed insurer section 6(1) meeting Minister non-GAAP standard section 5 Financial Reporting Act 2013 officer a: in relation to a registered society or branch, includes any trustee, treasurer, secretary, or member of the committee of management of the society or branch, and any person appointed by the society or branch to sue and be sued on its behalf; and b: in relation to a credit union, means a person who— i: is a member of the credit union’s committee of management; or ii: holds any other office provided for in the credit union’s rules persons claiming through a member property qualified auditor section 35 Financial Reporting Act 2013 registered registered society or branch Part 2 Registrar share specially authorised society section 11(1)(d) special resolution section 82 trustee company Trustee Companies Act 1967 working men's club section 11(1)(c) 1909 No 12 ss 2, 24; 1915 No 64 s 2; 1970 No 63 s 2(1) Section 2 applicable auditing and assurance standard inserted 1 April 2014 section 64(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2 applicable financial reporting standard inserted 1 April 2014 section 64(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2 association amended 1 April 2019 section 4(1) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 2 bank amended 1 July 1997 section 2(1) Companies Act Repeal Act 1993 Section 2 bank amended 30 June 1995 section 2(2) Banking Act Repeal Act 1995 Section 2 bank amended 10 September 1993 section 23(1) Private Savings Banks (Transfer of Undertakings) Act 1992 Section 2 bank amended 8 April 1992 section 20 Private Savings Banks (Transfer of Undertakings) Act 1992 Section 2 bank amended 1 April 1987 State-Owned Enterprises Amendment Act 1987 Section 2 committee committee of management amended 1 April 2019 section 4(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 2 credit union replaced 1 April 2019 section 4(3) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 2 exempt society exempt branch exempt credit union repealed 1 April 2014 section 64(2) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2 financial product inserted 1 April 2019 section 4(4) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 2 financial statements inserted 1 April 2014 section 64(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2 generally accepted accounting practice inserted 1 April 2014 section 64(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2 Government Actuary repealed 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 2 licensed auditor repealed 1 April 2014 section 64(3) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2 licensed insurer inserted 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010 Section 2 non-GAAP standard inserted 1 April 2014 section 64(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2 officer replaced 1 April 2019 section 4(5) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 2 qualified auditor inserted 1 April 2014 section 64(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2 registered replaced 1 April 2019 section 4(6) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 2 registered audit firm repealed 1 April 2014 section 64(3) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2 Revising Barrister repealed 1 April 2019 section 4(7) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 2A: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 1 April 2019 section 5 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 1: Registrar and officers 3: Registrar of Friendly Societies and Credit Unions 1: There shall from time to time be appointed, pursuant to the Public Service Act 2020 2: 3: The Registrar shall have a seal of office of which judicial notice shall be taken. 1909 No 12 ss 3(1), 5(2) Section 3(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 3(2) repealed 1 May 2011 section 82 Financial Markets Authority Act 2011 4: Deputy Registrar of Friendly Societies and Credit Unions 1: There may from time to time be appointed, pursuant to the Public Service Act 2020 2: 3: Subject to the control of the Registrar, a Deputy Registrar shall have and may exercise all the functions, duties, and powers of the Registrar. 4: On the occurrence from any cause of a vacancy in the office of Registrar (whether by reason of death, resignation, or otherwise), and in the case of absence from duty of the Registrar (from whatever cause arising), and so long as any such vacancy or absence continues, a Deputy Registrar shall have and may exercise all the functions, duties, and powers of the Registrar. 5: The fact that a Deputy Registrar is exercising any function, duty, or power of the Registrar shall be conclusive evidence of his authority to do so. 1909 No 12 ss 3(2)–(4), 5(2) Section 4(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 4(2) repealed 1 May 2011 section 82 Financial Markets Authority Act 2011 5: Registry Office and registers 1: The Registrar shall have a Registry Office, and all documents, or information required by or pursuant to this Act to be sent to the Registrar shall be sent to the Registry Office. 2: All documents or information required by or pursuant to this Act to be sent to the Registrar shall be deposited with the rules of the society, branch, or credit union to which the documents respectively relate and, together with such observations thereon as he thinks fit, shall be registered or recorded by the Registrar. 2A: Any register may— a: be an electronic register; or b: be kept in any other manner that the Registrar thinks fit. 2B: The Registrar may amend any register if— a: a society, branch, or credit union informs the Registrar of information that is different from the information entered on the register; or b: the Registrar is satisfied at any time that the register contains a typographical error or a mistake, or omits information supplied to the Registrar. 3: The following documents or information contained in any register shall be open to inspection by the public during ordinary office hours on payment of the prescribed fee (if any): a: in respect of any registered society or branch, the rules and any amendments, notices of change of registered office and of the appointment of new trustees, annual returns, actuarial reports (except those requested by the Registrar pursuant to section 74(4) b: in respect of any credit union,— i: the rules and any amendments, notices of change of registered office and of the appointment of officers, annual returns, and notices of change of name and of special resolutions: ii: details of any action taken by the Registrar under section 139 iii: if the credit union is removed from the register under section 140 iv: if the credit union is restored to the register under section 140H 4: On payment of the prescribed fee (if any), there shall be sent to any person requesting it in writing a copy of any specified document, except the rules or any amendments, which that person would otherwise be able to inspect pursuant to subsection (3). 5: The Governor-General may from time to time, by Order in Council, extend or restrict the range of accounting records and documents that are open to inspection by the public. 6: An order under this section is secondary legislation ( see Part 3 1909 No 12 s 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 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 5(2A) inserted 1 April 2019 section 6(1) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 5(2B) inserted 1 April 2019 section 6(1) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 5(3)(b) replaced 1 April 2019 section 6(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 5(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 6: Appointment of officers and employees There shall from time to time be appointed under the Public Service Act 2020 1909 No 12 s 6 Section 6 amended 7 August 2020 section 135 Public Service Act 2020 7: Functions of Registrar 1: Subject to the general direction and control of the Minister, the functions of the Registrar shall be to administer this Act and to carry out such duties as may be imposed upon him by this or any other enactment. 2: 3: The Registrar has his or her a: the power to request and be supplied with information or reports (including actuarial reports) from registered societies, branches (whether registered or not), or credit unions, whether regularly or otherwise, and whether in respect of any class or classes of society, branch, or credit union, or in respect of any society, branch, or credit union in particular; and b: the power to inspect any accounting records or other documents pursuant to section 8 Section 7 heading amended 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 7(2) repealed 1 May 2011 section 82 Financial Markets Authority Act 2011 Section 7(3) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 8: Powers of inspection of records by Registrar 1: a: require a registered society, branch (whether registered or not), or credit union, or any officer or trustee of any such registered society, branch, or credit union to produce for inspection any accounting records or documents that are kept by the registered society, branch, or credit union; and b: in any case where the Registrar or the person authorised by him considers that the aforesaid purpose cannot be achieved by inspecting only the accounting records or documents specified in paragraph (a), require any person (including a bank or receiver or assignee) to produce for inspection any accounting records or documents that contain information relating to any money or other property that is managed, supervised, controlled or held in trust by or for the registered society, branch, or credit union; and c: inspect and make records of any such accounting records or documents; and d: for the purpose of making records thereof, take possession of and remove from the premises where they are kept, for such period of time as is reasonable in the circumstances, any such accounting records or documents. 2: 3: 4: If any registered society, branch (whether registered or not), or credit union refuses or fails to produce for inspection to the Registrar, or to any person authorised by the Registrar for the purposes of subsection (1), any accounting record or document that the Registrar or authorised person has under that subsection required it to produce, the registered society, branch, or credit union commits an offence and shall be liable on 5: If any officer or trustee of a registered society, branch (whether registered or not), or credit union, or any other person refuses or fails to produce for inspection to the Registrar, or to any person authorised by the Registrar for the purposes of subsection (1), any accounting record or document within the power or control of that officer or trustee or other person that the Registrar or authorised person has under that subsection required him to produce, that officer or trustee or other person commits an offence and shall be liable on 6: Any person who wilfully obstructs or hinders the Registrar, or any person authorised by the Registrar for the purposes of subsection (1), while the Registrar or authorised person is making an inspection or a record or taking possession of or removing any accounting record or document pursuant to that subsection commits an offence and shall be liable on Friendly Societies Act 1974 s 89 (UK) Section 8(1) amended 1 April 1987 section 25(1) Official Information Amendment Act 1987 Section 8(2) repealed 1 April 1987 section 25(1) Official Information Amendment Act 1987 Section 8(3) repealed 1 April 1987 section 25(1) Official Information Amendment Act 1987 Section 8(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 8(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 8(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 9: Registrar may publish statements, etc The Registrar may from time to time prepare, cause to be circulated, or publish, for the use of registered societies or branches, or credit unions,— a: model forms b: information on the subject of the statistics of life and sickness and its application to the business of friendly societies: c: such particulars of annual returns and valuations, and reports, and such other information as the Registrar thinks fit. 1909 No 12 s 8 Section 9(a) amended 1 April 2014 section 65 Financial Reporting (Amendments to Other Enactments) Act 2013 10: Annual report Section 10 repealed 26 March 2015 section 4 Friendly Societies and Credit Unions Amendment Act 2015 2: Friendly and other societies Registration 11: Societies which may be registered 1: Subject to this Act, the following societies may be registered under this Part— a: societies (in this Act called friendly societies) established to provide by voluntary subscriptions of the members, with or without the aid of donations, for any of the purposes specified in Schedule 1 b: societies (in this Act called benevolent societies) established for any benevolent or charitable purpose: c: societies (in this Act called working men's clubs) established for the purposes of social intercourse, mutual helpfulness, and recreation: d: societies (in this Act called specially authorised societies) established for any purpose which the Minister may, by notice 2: No society or branch shall first be registered under this Part unless it consists of at least 7 adults. 3: No society or branch shall be registered under this Act which contracts with any person for the assurance of a gross sum or of an annuity in excess of the limits specified in section 42 3A: Subsection (3) does not apply to a licensed insurer. 4: In the case of specially authorised societies and their registered branches (if any) established pursuant to subsection (1)(d)— a: the rules shall bind the society or registered branch and its members, and all persons claiming through them respectively, to the same extent as if each member had subscribed his name and (where appropriate) affixed his seal, and there were in such rules a covenant on the part of himself, his executors and administrators, to conform to such rules subject to the provisions of this Act: b: all money payable by a member to the society or to a registered branch shall be deemed to be a debt due from such member to the society or registered branch, and shall be recoverable as such. 5: A notice under subsection (1)(d) is secondary legislation ( see Part 3 1909 No 12 ss 11, 18(2); 1915 No 64 s 6; 1975 No 21 s 2 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)(a) cl 14 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation 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 11(1)(d) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 11(3A) inserted 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010 Section 11(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 12: Applications for registration of societies 1: An application to register a society under this Part shall be signed by 7 adult members and the secretary of the society, and shall be sent to the Registrar. 2: Together with an application under subsection (1), there shall be sent a copy 3: The rules of the society so sent shall either— a: contain provisions in respect of the matters mentioned in Schedule 2 b: accord with any model rules applicable to the society as produced by the Registrar pursuant to section 9 4: If the list so sent is signed by the secretary and every other person named, it shall on the registration of the society be evidence that the persons so named have been duly appointed to their office. 5: A society shall not be registered under a name identical with that under which any other existing society is registered, or so nearly resembling that name as to be likely, or in any name likely, in the opinion of the Registrar, to deceive the members or the public as to its nature or its identity or in any name which in his opinion is otherwise undesirable. 6: If— a: through inadvertence or otherwise, a society at its first registration, or on its registration by a new name, is registered by a name which is in contravention of subsection (5), or of any enactment (other than this Act), relating to restrictions on the use of any name; or b: a society is for the time being registered by a name which, in the opinion of the Registrar, is undesirable,— the society shall, within a period of 4 weeks from the date of its being required by the Registrar to do so, or such longer period as he may allow, change its name to a name that is not in contravention as aforesaid and is not, in the opinion of the Registrar, undesirable. 1909 No 12 ss 12, 13 Section 12(2) amended 20 September 2007 section 4 Friendly Societies and Credit Unions Amendment Act 2007 13: Certain societies not disentitled to registration because of division of funds A society which is neither a benevolent society nor a working men's club shall not be disentitled to registration by reason of any rule for, or practice of, dividing any part of its funds, if the rules of the society contain distinct provision for meeting all claims upon the society existing at the time of the division before any such division takes place. 1909 No 12 s 14 14: Branches to be registered concurrently with society 1: Where a society has existing branches, the application for registration of the society shall be accompanied by— a: a list of all the branches and notice of the place where the registered office of each branch, to which all communications and notices may be addressed, is to be situated: b: a list of the names, addresses, and designations of the committee of management of each branch, the secretary, treasurer, and other principal officers, and the trustees of each branch: c: if any branch is to have persons authorised to sue and be sued on its behalf (other than the persons authorised to sue and be sued on behalf of the society), a list of the names of all such persons, distinguishing the branches for which they are authorised to sue and be sued: d: a copy 2: The rules in respect of a branch shall either— a: contain provisions in respect of the matters mentioned in Schedule 3 b: accord with any model rules applicable to the branch as produced by the Registrar pursuant to section 9 3: If a branch does not have separate rules, provision in respect of the matters mentioned in Schedule 3 4: No branch shall be registered unless its objects are identical with or comprised in the objects of the society of which it forms part. 5: No society shall be registered until every branch of the society in being when the society makes application for registration is capable of being registered at the same time, and when the Registrar issues to the society an acknowledgment of registration under section 17 1909 No 12 ss 18, 20, 21 Section 14(1)(d) amended 20 September 2007 section 5 Friendly Societies and Credit Unions Amendment Act 2007 15: Actuary to certify rates of contributions before registration 1: No society, whether a friendly society or otherwise, or branch of that society shall be registered under this Part until the rates of contributions for any benefits to be provided by the society or branch (being in accordance with the purposes specified in Schedule 1 2: The Registrar may, in writing, exempt wholly or in part from the requirements of subsection (1) any society or branch transacting business in respect of which he thinks those requirements to be inapplicable, and may from time to time review, vary, or revoke any exemption so given. 1911 No 5 s 2 16: Revising Barrister may examine rules Section 16 repealed 1 April 2019 section 7 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 17: Acknowledgment of registration 1: On being satisfied that the society or branch has complied with the provisions of this Part as to registration, the Registrar shall— a: issue to that society or branch an acknowledgment of registration which, in the case of a society, shall specify the designation of that society according to the classification set out in section 11(1) b: 2: An acknowledgment of registration under subsection (1) shall be conclusive evidence that the society or branch therein mentioned is duly registered under this Act, unless it is proved that the registration of the society or, in the case of a branch, the society of which it is a branch, has been suspended or cancelled. 3: If— a: through inadvertence or otherwise, a society at its registration is wrongly designated according to the classification set out in section 11(1) b: a society is for the time being designated in a classification which, in the opinion of the Registrar, is incorrect for that society— the Registrar may, after considering any representations of the society made within 4 weeks from the date of its being requested by the Registrar to do so, amend the designation 1909 No 12 ss 16(1), 17, 18(4) Section 17(1)(b) repealed 20 September 2007 section 7(1) Friendly Societies and Credit Unions Amendment Act 2007 Section 17(3) amended 20 September 2007 section 7(2) Friendly Societies and Credit Unions Amendment Act 2007 18: Refusal to register 1: If the Registrar refuses to issue an acknowledgment of registration to a society, the society may, within 3 months after the date of the refusal, appeal from that refusal to the High Court. 2: If the refusal is overruled on appeal, then, subject to such terms and conditions as the court may impose or otherwise in pursuance of the court order, an acknowledgment of registration shall forthwith be issued to the society by the Registrar. 1909 No 12 s 16(2), (3) 19: Establishment of new branches 1: When a new branch of a registered society is established, the society shall send to the Registrar an application for the registration of that branch signed by the secretary of the branch and by 3 of its adult members, and countersigned by the secretary of the society. 2: All the provisions of section 14 3: Every application under this section shall be made within 3 months after the establishment of the branch, but no such application shall be invalid because it is made after the expiration of that period. 4: If any branch continues in existence for more than 3 months without an application being made for its registration, or for more than 3 months after an application for its registration has been refused, every officer of the branch, or of the registered society of which it is a branch, shall be guilty of a continuing offence against this Act so long thereafter as the branch remains in existence and unregistered. 5: No society shall, in respect of any branch, be entitled to any privilege, benefit, or protection conferred by this Act or enactment relating to registered societies until such branch has been registered. 1909 No 12 s 19; Friendly Societies Act 1912 s 20 (NSW) 20: Secession or expulsion of branches 1: Every registered branch may, in accordance with the rules of the society of which it forms a part,— a: secede from that society; or b: be expelled from that society. 2: Every branch which has duly seceded or been expelled from the society of which it forms a part shall, 3 months after having so seceded or been expelled and subject to no application having been made for registration under section 21 3: A body which, having been a branch of a registered society, has wholly seceded or been expelled from that society, shall not use the name of that society or any name implying that it is a branch thereof, or the number or other means of identification allotted by the Registrar by which it was designated as such a branch. 1909 No 12 ss 25, 27 21: Seceded or expelled branch may apply for registration 1: A body which, having been a branch of a registered society, has wholly seceded or been expelled from that society may, within 3 months after having so seceded or been expelled, apply pursuant to section 12 2: No such body shall be so registered unless there is produced to the Registrar a certificate, under the hand of the secretary or other principal officer of the society of which the body was a branch, that the body has seceded or has been expelled from the society, or the Registrar is otherwise satisfied on those matters. 1909 No 12 s 26 Rules 22: Acknowledgment of registration deemed to be acknowledgment of rules An acknowledgment of the registration of a society or branch under section 17 Friendly Societies Act 1974 s 17 (UK) 23: Amendment of rules 1: An amendment of the rules of a registered society or branch has no effect until the amendment is registered. 1A: For the purposes of subsection (1), the following, signed by 3 members and the secretary of the registered society or branch, must be sent to the Registrar: a: a copy of the amendment: b: a copy of the rules as amended. 2: Subsection (1) shall not apply to a change in the situation of the registered office of a society or branch; but— a: notice of any change in the situation of the registered office of a society or branch , and a copy of the rules as amended, b: where notice of such a change is sent to the Registrar under paragraph (a), he shall register it as an amendment of the rules of the society or branch concerned. 3: No amendment of the rules of a society or branch shall be registered unless the rules as amended contain all the provisions that would be required, in accordance with Schedule 2 Schedule 3 4: No amendment of the rules of a branch shall be registered if the objects of the branch thereby cease to be identical with or comprised in the objects of the society of which the branch forms a part. 1909 No 12 ss 28(1), 31, 34(2) Section 23(1) replaced 1 April 2019 section 8(1) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 23(1A) inserted 1 April 2019 section 8(1) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 23(2)(a) amended 1 April 2019 section 8(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 24: Actuary 1: 2: If in the opinion of the Registrar any amendment of a rule may adversely affect the financial soundness of the society or branch or alters the rates of contribution certified pursuant to section 15(1) 1909 No 12 ss 28(3), 30(1) Section 24 heading amended 1 April 2019 section 9(1) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 24(1) repealed 1 April 2019 section 9(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 25: Registration of amendment of rules On being satisfied that any amendment of the rules of a registered society or branch complies with and is not contrary to the provisions of this Part, the Registrar must register the amendment. Section 25 replaced 1 April 2019 section 10 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 26: Amendment of rules by Registrar 1: Without limiting the responsibilities of any registered society or branch to comply with the provisions of this Act, the Registrar may, if he thinks the rules of a registered society or branch should be amended to comply with any provision of this Act, by notice in writing, require the society or branch 1A: A notice under this section may be served on a society or branch by— a: delivering it personally to the society or branch; or b: sending it by post to the usual or last known address of the society or branch; or c: emailing it to the society or branch at an email address that is used by the society or branch. 1B: In the absence of proof to the contrary, a notice that is emailed to a society or branch must be treated as served on the society or branch on the second working day after the date on which it is emailed, and, in proving that the notice was emailed, it is sufficient to prove that the notice was properly addressed and sent to the email address. 2: Subject to this Act, if within the period specified in the notice the society or branch fails to amend the rules as required, the Registrar may himself, by notation upon the registered copy of the rules, amend the rules of the society or branch. 3: The Registrar shall give a society or branch notice in writing of any amendment effected by him under this section and of the date on which the amendment comes into effect. Credit Unions Act 1976 s 20 (SA) Section 26(1) amended 16 December 2017 section 68(1) Electronic Interactions Reform Act 2017 Section 26(1A) inserted 16 December 2017 section 68(2) Electronic Interactions Reform Act 2017 Section 26(1B) inserted 16 December 2017 section 68(2) Electronic Interactions Reform Act 2017 27: Society or branch to supply copy of rules 1: Every registered society or branch shall deliver to any person on request, on payment of a sum not exceeding $5 or such other sum as may be prescribed from time to time by the Governor-General by Order in Council, a copy of the rules of the society or branch. 2: An order under this section is secondary legislation ( see Part 3 1909 No 12 s 33; 1975 No 21 s 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 27(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Trustees and officers 28: Appointment of trustees 1: Every registered society and branch is to have 1 or more trustees, who must be appointed from time to time by a resolution of a majority of the members of the society or branch entitled to vote and voting on the matter. 2: As soon as practicable after any trustee of a registered society or branch dies, or resigns his office or is removed from office, a new trustee shall be appointed in his place in the manner prescribed by subsection (1). 3: A registered society or branch may at any time by resolution passed in the same manner remove any trustee and appoint a new trustee in his place. 4: No act done by any person appointed as a trustee shall be invalidated by any irregularity or defect in the mode of his appointment, or by the fact that there is any vacancy in the full number of the trustees. 5: Within 14 days after any resolution appointing a trustee, the society or branch, as the case may be, shall send to the Registrar a copy of the resolution signed by the trustee appointed and by the secretary of the society or branch. 6: In the case of a branch the copy of the resolution shall be sent to the Registrar through the secretary of the society of which the branch forms part. 7: The same person shall not be secretary or treasurer of a registered society or branch and also a trustee of that society or branch; but, with the consent in writing of the Registrar, the same person may be both the secretary and the treasurer of that society or branch. 1909 No 12 s 43 Section 28(1) replaced 30 May 2017 section 102 Regulatory Systems (Commercial Matters) Amendment Act 2017 29: Property to vest in trustees 1: All property belonging to a registered society, whether acquired before or after the society is registered, shall vest in the trustees for the time being of the society for the use and benefit of the society and its members, and of all persons claiming through the members according to the rules of the society. 2: The property of a registered branch of a society, whether acquired before or after the branch is registered, shall, as the rules of the society provide, vest wholly or partly in the trustees for the time being of that branch, or of any other branch of which that branch forms part, or in the trustees of the society, for the use and benefit either of the members of any such branch and persons claiming through those members, or of the members of the society generally and persons claiming through them according to the rules of the society; but, in the absence of any such rules, or so far as the rules of the society do not extend, the property of a registered branch of a society, whether acquired before or after the branch is registered, shall vest in the trustees for the time being of that branch for the use and benefit of the members of that branch and persons claiming through them. 3: Upon the death, resignation, or removal of a trustee of a registered society or branch the property vested in that trustee shall, without conveyance, transfer, or assignment, vest (subject to the same trusts) in the succeeding trustees of that society or branch, either solely or together with any surviving or continuing trustees, and until the appointment of succeeding trustees pursuant to section 28(2) 4: Where any property (other than land dealt with pursuant to section 33 1909 No 12 s 44 30: Registrar may authorise transfer of property to existing trustees 1: Where any person, being a trustee of a registered society or branch,— a: becomes a person subject to a property order under the Protection of Personal and Property Rights Act 1988 b: has had issued in respect of his person a property order under the Protection of Personal and Property Rights Act 1988 c: has been adjudicated a bankrupt or is bound by a composition in favour of his creditors; or d: is missing or whose whereabouts are unknown, and is not known to the surviving trustees of the society or branch to be alive or dead,— then, on application in writing by the secretary and 3 adult members of the society or branch and on proof of the facts to his satisfaction, the Registrar may, by direction in writing, direct and authorise the transfer of any property of the society or branch held in the name of the trustee into the names of the existing trustees of the society or branch, or, in the case of a branch which has ceased to exist, into the names of the existing trustees of the society of which the branch formed part; and every such direction in writing shall be sufficient authority to all persons to make such a transfer accordingly in the same manner as if the said property had been assigned to the said existing trustees in due course of law. 2: The Registrar and all persons acting in pursuance of any such direction in writing are hereby indemnified for all things done by him or them in pursuance of this section, or of such direction against any claim or demand of any person injuriously affected thereby. 1909 No 12 s 47 Section 30(1)(a) amended 1 October 1988 section 117(3) Protection of Personal and Property Rights Act 1988 Section 30(1)(b) amended 1 October 1988 section 117(3) Protection of Personal and Property Rights Act 1988 31: Delegation of duties by trustee 1: Where a trustee of a registered society or branch— a: is absent from New Zealand or is about to depart therefrom; or b: is by reason of illness or of any other cause unable to perform his duties as trustee,— he may, by an instrument in writing sent to and registered by the Registrar, delegate his duties as trustee. 2: A trustee may not delegate his duties under subsection (1) unless— a: his co-trustees and the committee of management of the registered society or branch consent to the delegation; and b: the delegation is to a person residing in New Zealand who is a co-trustee or is capable of being appointed a trustee of the registered society or branch. 3: A delegation may be made under this section in respect of the whole or any part of the duties of the trustee. 4: A delegation under this section shall operate until revoked by the trustee who made the delegation or by the committee of management of the registered society or branch by a notice of revocation sent to and registered by the Registrar. 5: Two or more trustees may concurrently delegate their duties under this section. 6: A trustee of a registered society or branch shall remain answerable for all acts and omissions of his delegate within the scope of the delegation as if they were the acts or omissions of the trustee, and the delegate shall be subject to the provisions of this Act so far as it relates to the performance of the duties delegated in the same manner as if he were the trustee. Friendly Societies Act 1912 s 32B (NSW) 32: Notice to Registrar-General of Land 1: Every registered society or branch shall forward to the Registrar-General of Land 2: Every such notice shall be accompanied by a statutory declaration made by one of the trustees of the society or branch, stating that the declarant is one of the trustees in whom the property of the society or branch is vested, and verifying the statements contained in the notice. 1909 No 12 s 45 Section 32 heading amended 12 November 2018 section 250 Land Transfer Act 2017 Section 32(1) amended 12 November 2018 section 250 Land Transfer Act 2017 33: Dealing with land under Land Transfer Act 1: Land under the Land Transfer Act 2017 registered owners 2: Where any instrument affecting the land included in any such transfer, lease, or mortgage is presented to the Registrar-General of Land 3: Notwithstanding subsection (2), any discharge of a mortgage vested in a society or branch of land under the Land Transfer Act 2017 Registrar-General of Land 4: No person claiming under any such instrument so registered shall be affected by notice, actual or constructive, that the property of the society or branch was not vested in the persons executing the same, or that the instrument was executed in contravention of the rules of the society or branch. 1909 No 12 s 46; 1962 No 70 s 3; 1963 No 89 s 2(1) Section 33(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 33(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 33(3) amended 12 November 2018 section 250 Land Transfer Act 2017 34: Officers required to give security 1: Before taking upon himself the execution of his office, every officer of a registered society or branch having the receipt or charge of money shall, notwithstanding any rule of the society or branch to the contrary, give security in accordance with subsection (2) for his rendering a just and true account of all sums of money received and paid by him on account of the society or branch at such times as its rules appoint, or as the society or branch or its trustees or committee require him to do, and for the payment by him of all sums due from him to the society or branch. 2: Where an officer of a registered society or branch is required to give security in accordance with subsection (1), he shall do so either— a: by becoming bound with at least 1 sufficient surety in such form of bond as may from time to time be prescribed by the Registrar for the purpose; or b: by giving the security of a guarantee society— in such sum as the Registrar may from time to time recommend or, in the absence of such a recommendation, as the society or branch directs. 3: In this section the term guarantee society a: any incorporated company carrying on the business of insurance in New Zealand; or b: any society registered under this Part as a specially authorised society and duly authorised to guarantee the fidelity of officers of registered societies or branches. 4: In the case of any registered friendly society which makes provision by its rules in accordance with clause 8 of Schedule 1 5: The Registrar may from time to time, either generally or specifically, review any security or bond given pursuant to this section and may require amendments to the sums secured or conditions applying or both. 1909 No 12 s 94 35: Duty of officers to account 1: Every officer of a registered society or branch having the receipt or charge of money shall— a: at such times as he is required to do so by the rules of the society or branch; or b: on demand; or c: on notice in writing requiring him to do so given or left at his last or usual place of residence,— render such account as may be required by the society or branch, or by the trustees or committee of management of the society or branch; and shall, on demand or on notice as in paragraph (c), pay over all money and deliver all property in his hands or custody to such person as the society or branch, or the committee or the trustees, may appoint. 2: In case of any neglect or refusal to deliver the account or to pay over the money or to deliver the property in accordance with subsection (1), the trustees or authorised officers of the society or branch— a: may sue upon any bond or security given under section 34 b: may apply to the District Court for an order requiring the officer to remedy that neglect or to comply with the provisions of subsection (1). 1909 No 12 s 94(1)(b) 36: Priority on death, bankruptcy, etc, of officer Where any officer (other than a trustee) of a registered society or branch, having in his possession by virtue of his office any money or property belonging to the society or branch, dies or becomes bankrupt or becomes a party to any arrangement for the benefit of his creditors, or where any execution, attachment, or other process is issued against such officer or against his property, in any such case his executors or administrators, or the Official Assignee or other person executing such process, shall, upon demand in writing by the trustees of the society or of the branch, or by any 2 of them, or by any person authorised by the society or branch or by its committee of management to make such demand, pay the money and deliver over the property to the trustees of the society or branch in preference to any other debts or claims against the estate of the officer notwithstanding any other enactment or rule of law to the contrary. 1909 No 12 s 54 Membership and rights of members 37: Members generally to have 1 vote only 1: Subject to any provision in the rules of a registered society or branch as to voting by a chairman who has a casting vote, on every matter which is determined by a vote of members of a registered society or branch every member shall be entitled to vote and shall have 1 vote only. 2: The rules of a registered society or branch may provide that, at any meeting of delegates, the manner of voting and the number of votes to be cast by the delegates shall be as set out in the rules. 38: Members' subscriptions not generally recoverable Except as provided in this Part, the subscription of a person who is or has been a member of a registered society or branch shall not be recoverable at law. Friendly Societies Act 1974 s 61 (UK) 39: Membership of minors 1: A person 16 years of age or younger may be a member of a registered society or branch if the rules so provide. 2: A person over the age of 16 years may be a member of a registered society or branch unless the rules provide to the contrary. 3: A minor shall not be a trustee nor hold office as treasurer of any registered society or branch. 1909 No 12 s 91; 1970 No 137 s 6 40: Register of members 1: Every registered society or branch shall set up and maintain an indexed register for each separate category of its members showing— a: the name and address of each member: b: the date on which the member joined the society or branch: c: the date on which any person ceased to be a member. 2: The register of members shall also show such other particulars as may from time to time be prescribed , by notice, 3: The register shall be kept at the registered office of the society or branch, and shall be open to inspection during ordinary office hours by any member of the society or branch. 4: A notice under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 40(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 40(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 41: Inspection of books and accounts of society Section 41 repealed 1 April 2014 section 66 Financial Reporting (Amendments to Other Enactments) Act 2013 Benefits 42: Maximum gross sum for contracts of insurance 1: No member or person claiming through a member shall receive from any registered society or branch or from any registered society including its branches taken together more than $100,000 $5,000 2: The Governor-General may, from time to time by Order in Council, amend any amount specified in subsection (1) 3: In this section, the term assurance 4: This section does not apply to a licensed insurer. 5: An order under this section is secondary legislation ( see Part 3 1909 No 12 s 51; 1972 No 61 s 2(1); 1975 No 21 s 4 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 42(1) amended 30 October 2008 clause 3 Friendly Societies and Credit Unions (Maximum Gross Sum) Order 2008 Section 42(1) amended 5 August 2004 clause 3 Friendly Societies and Credit Unions (Maximum Annuity) Order 2004 Section 42(4) added 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010 Section 42(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 43: Member may nominate person to receive money on death 1: Subject to this section, a member of a registered society (other than a benevolent society or working men's club) or of a branch thereof who is not under the age of 16 years may, by writing under his hand delivered at or sent to the registered office of the society or branch, or made in a register kept at that office, nominate a person or persons to whom any sum of money payable by the society or branch on the death of that member or any specified amount of money so payable shall be paid at his decease. 2: The total amount which may be nominated under this section shall not exceed $2,000, but where a nomination under this section does not specify the maximum sum of money which is to be payable by virtue of the nomination, and the sum to which the nomination relates exceeds $2,000 the nomination shall not be invalidated by reason only of the excess. 3: A person nominated under this section shall not at the date of the nomination be an officer or employee of the society or branch, unless that officer or employee is the spouse, civil union partner, de facto partner 4: A nomination so made may be revoked or varied by any similar document under the hand of the nominator delivered, sent or made as mentioned in subsection (1). 5: The marriage or civil union 6: A nomination, or a variation or revocation of a nomination, by writing under the hand of a member of a registered branch and delivered at or sent to the registered office of that branch, or made in a register kept at that office, shall be effectual notwithstanding that the money to which the nomination relates, or some part thereof, is not payable by that branch but is payable by the society or some other branch. 7: If the nomination is in favour of 2 or more persons, the sum payable shall be paid in the shares specified, and if no shares are so specified, then in equal shares. 8: No person shall be capable of making separate and successive nominations in favour of different persons, and if successive nominations are so made by any person the earlier shall be deemed to be revoked by the later. 9: The Governor-General may, from time to time by Order in Council, amend the amount specified in subsection (2) as being the maximum amount that may be nominated under this section. 10: An order under this section is secondary legislation ( see Part 3 1909 No 12 s 57; 1975 No 21 s 6; Friendly Societies Act 1974 s 66 (UK) The following table is small in size and has 3 columns that are grouped under the 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 43(3) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 43(5) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 43(10) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 44: Payment on death of nominator 1: Subject to subsection (2), on receiving satisfactory proof of the death of a nominator, the registered society or branch shall pay to his nominee or nominees the amount due to the deceased or, as the case may be, the amount specified in the nomination. 2: The total amount paid by virtue of a nomination (whether in favour of 1 nominee or more) shall not exceed the amount specified in section 43(2) 3: The receipt of a nominee over 16 years of age for any amount paid in accordance with this section shall be valid. 4: Where a society or branch has paid money to a nominee in ignorance of a marriage or civil union 1909 No 12 s 57(1), (5), (13) Section 44(4) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 45: Evidence of death 1: A registered society or branch shall not pay any sum of money upon the death of a member or other person whose death is, or ought to be, entered in any register of deaths, except upon the production— a: of a death certificate (within the meaning of section 4 ab: of a certificate of cause of death (as defined in section 2(1) b: of the grant of probate of the will of the member or other person or of letters of administration to his estate. 2: Subsection (1)(a) shall not apply to deaths at sea or out of New Zealand, nor to a death where the body cannot be found, nor to any death certified by a coroner or an associate coroner 1909 No 12 s 56; Friendly Societies Act 1974 s 70 (UK) Section 45(1)(a) substituted 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 45(1)(a) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 45(1)(ab) inserted 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 45(1)(ab) amended 31 January 2018 section 11 Burial and Cremation Amendment Act 2016 Section 45(2) amended 5 April 2023 section 36 Coroners Amendment Act 2023 Section 45(2) amended 1 July 2007 section 146 Coroners Act 2006 46: Restriction on payments on account of death of minors Sections 67B to 67E a: every reference therein (except section 67B(1)(b) b: the reference in section 67B(1)(a) Section 46 substituted 1 April 1986 Friendly Societies and Credit Unions Amendment Act 1985 47: Power to make loans against surrender value of policies 1: Notwithstanding anything to the contrary in this Act, where the rules of a registered society or branch provide that a member who elects to cease contributing for a sum payable at death or on survival to a specified date shall be entitled on such election to receive a cash payment, the society or branch may (if its rules so provide) make a loan to any member so entitled to cease contributing of an amount not exceeding 90% of the cash payment to which the member would be entitled if he elected on the day the loan is granted so to cease contributing. 2: The amount of the loan, or such part as has not been repaid, together with any interest which may then be owing, shall be a first charge on the sum payable at death or on survival to the specified date or if the member subsequently elects to cease contributing. 1942 No 18 s 7 48: Money payable by friendly societies to their members protected 1: No money paid or payable by a registered friendly society or a registered branch of any such society to a member, or on the death of a member, shall be assets in the bankruptcy of that member, or pass to the trustee or assignee in that bankruptcy, or be seized, attached, or otherwise taken in execution under the process of any court, or pass under a general assignment of the member's property; nor shall any such money, unless otherwise expressly and specifically directed by the will of the member, become available for the payment of his debts or liabilities on his death. 2: Nothing in this section shall apply to— a: any money which is paid or payable by a registered friendly society or branch to any member otherwise than in his capacity as a member; or b: any money which is paid or payable by a registered friendly society or branch to a member, or on the death of a member, by virtue of that member's membership of a credit union; or c: any money paid or payable under any agreement or transaction whereby the member has attempted to defeat or delay his creditors. 3: This section shall bind the Crown. 1909 No 12 s 99; 1950 No 54 s 5(2) Investment, funds, and property 49: Duties of trustees in relation to investments 1: The trustees of a registered society or branch may, with the consent given either generally or specifically by the committee or by a resolution of a majority of the members of the society or branch entitled to vote and voting on the matter 2: Without limiting the matters to which a trustee may have regard under section 59 a: to the need to ensure that sufficient funds are readily available to meet the operating expenses and other outgoings of the society or branch: b: to a consideration of whether or not any investment is consistent with the objectives of the society or branch and is within its rules: c: to the need for diversification and balance in the investments, both as to the nature of the investments and to the time elapsing before maturity or realisation, in so far as is appropriate having regard to the circumstances of the society or branch,— but shall not be obliged to make any investment that he considers to be of an undesirable nature or that he would otherwise regard as being imprudent. 3: Before exercising any power of investment under this Act, a trustee shall obtain and consider proper advice as to whether or not the investment is authorised and is satisfactory after having regard to the matters referred to in subsection (2). 4: The trustee or trustees of a registered society or branch shall formulate, and from time to time review, a policy relating to the retention of investments and the circumstances under which investments should be realised or changed having regard to the matters referred to in subsection (2), and, in cases of doubt, shall obtain proper advice. 5: For the purposes of subsections (3) and (4) but subject, in the case of real property, to section 52(2) 1909 No 12 s 49(1); Trustee Investments Act 1961 s 6 (UK) Section 49(1) amended 30 May 2017 section 103 Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 49(2) amended 30 January 2021 section 161 Trusts Act 2019 Section 49(2) amended 1 October 1988 section 14(1) Trustee Amendment Act 1988 50: Trustees of society may make investments for branch, etc 1: The rules of a registered society with branches, and of any registered branch of that society, may provide for the investment of funds of the society or of that branch— a: by the trustees of the society; or b: by the trustees of any branch of that society. 2: The consent required for any such investment shall be the consent given either generally or specifically by the committee or by a resolution of a majority entitled to vote and voting on the matter 1909 No 12 s 49(2) Section 50(2) amended 30 May 2017 section 104(1) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 50(2) amended 30 May 2017 section 104(2) Regulatory Systems (Commercial Matters) Amendment Act 2017 51: Borrowing powers, overdrafts 1: Except as provided in this Act and notwithstanding anything to the contrary in the rules of a society or branch, no registered society or branch shall be entitled to borrow money nor shall any person lend money to any registered society or branch. 2: Any bank carrying on business in New Zealand may grant, and any registered society or branch may receive, accommodation by way of overdraft in aid of any account established with that bank by that society or branch, and that account may be overdrawn accordingly for a term not exceeding 6 months at any one time unless a longer term or an extension of an existing term is authorised in writing by the Registrar. 3: This section does not limit what may be done under section 58A Section 51(3) inserted 1 April 2019 section 11 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 52: Investment powers Subject to this Act, a trustee may invest the funds of a registered society or branch in accordance with the Trusts Act 2019 Section 52 substituted 1 October 1988 section 14(1) Trustee Amendment Act 1988 Section 52 amended 30 January 2021 section 161 Trusts Act 2019 53: Society providing medical or surgical requisites may issue debentures and invest in certain shares 1: A registered society whose object, or 1 of whose objects, is to provide medical or surgical requisites (not being medical or surgical attendance) for its members or for the members of any registered societies or branches contributing to its funds may (if its rules so provide)— a: issue debentures to member societies or branches for the purpose of raising the capital money required for commencing or extending its business of providing such medical or surgical requisites: b: without limiting the powers of investment contained in section 52 2: Every branch of such registered society and every registered society or branch contributing to its funds may take up any debentures issued under subsection (1)(a), and may invest any portion of their funds in them. 3: The debentures issued under subsection (1)(a) shall be of such amount, and for such term, and shall bear such rate of interest as the committee or a majority of the members of the society issuing them approves. 1909 No 12 s 49(1)(g); 1922 No 56 s 3 Section 53(1)(b) amended 1 October 1988 section 14(1) Trustee Amendment Act 1988 54: Subscriptions to hospitals or other institutions A registered society or branch may subscribe to any hospital, infirmary, or charitable or provident institution, any annual or other sum necessary to secure to members of the society or branch and their families the benefits of that hospital, infirmary, or other institution. 1909 No 12 s 52 55: Donations for charitable or other purposes A registered society or branch may (if its rules so provide) out of any surplus which has arisen in its management fund, and within the limits prescribed by the rules, make donations for charitable, benevolent, philanthropic, or cultural purposes. 56: Participation in government of other society or branch or contribution to its funds 1: A registered society or branch may contribute to the funds or take part by delegates or otherwise in the government of any other registered society or branch in any manner provided by the rules of that first-named society or branch, without becoming a branch of that other society or branch. 2: A registered society or branch shall not withdraw from contributing to the funds of a medical society (being a society established to provide medical or surgical attendance, relief, or requisites) except on not less than 6 months' notice and on payment of all contributions accrued or accruing due on or before the date of the expiration of the notice. 3: All money payable by a member of any registered society or branch to meet any contributions payable by that society or branch to a medical society shall be deemed to be a debt due from the member to his society or branch, and shall be recoverable as such. 1909 No 12 s 53; 1922 No 56 s 5 57: Powers of society or branch with respect to land 1: Subject to this Act, a registered society or branch may (if its rules so provide)— a: hold, purchase, acquire by gift, devise, bequest, or otherwise, or take on lease, any land in the names of the trustees of the society or branch: b: sell, exchange, mortgage, or lease that land: c: erect, alter, pull down, or rebuild buildings on that land: d: provide, equip, furnish, and maintain on any such land holiday accommodation for its members and their families: e: establish and conduct convalescent homes for the aged: f: establish and conduct retirement villages and day care centres for persons who are aged, sick, or infirm. 2: A registered society or branch may (if its rules so provide) enter into any arrangement by which it may purchase, build, take on lease, or otherwise provide, and equip, furnish, alter, and maintain such building or part of a building as is sufficient for the purpose of conducting its business therein. 3: No purchaser, assignee, mortgagee, or tenant shall be bound to inquire as to the authority for any sale, exchange, mortgage, or lease by the trustees, and the receipt of the trustees shall be a discharge for all money arising from or in connection with the sale, exchange, mortgage, or lease. 4: Subject, in the case of an instrument affecting land under the Land Transfer Act 2017 section 33 1909 No 12 s 50(1)–(4); 1949 No 30 s 5; 1953 No 62 s 2; 1963 No 89 s 2(2); 1975 No 21 s 7 Section 57(1)(f) added 10 July 1987 Friendly Societies and Credit Unions Amendment Act 1987 Section 57(4) amended 12 November 2018 section 250 Land Transfer Act 2017 58: Public Trust 1: Notwithstanding section 29 Public Trust a: Public Trust b: rules of the society or branch are being, or have been, made for the purpose. 2: Public Trust 3: Public Trust Public Trust Friendly Societies Act 1974 s 55 (UK) Section 58 heading amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 58(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 58(1)(a) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 58(2) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 58(3) amended 1 March 2002 section 170(1) Public Trust Act 2001 Friendly society securities Heading inserted 1 April 2019 section 12 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 58A: Registered friendly society that is licensed insurer may offer friendly society securities 1: If authorised by, and in accordance with its rules, a registered friendly society that is a licensed insurer may offer friendly society securities to members for subscription. 2: Friendly society securities— a: are transferable only between members; and b: confer no voting rights upon holders. 3: In the event of a registered friendly society being wound up, claims for friendly society securities must not be paid until all creditors’ claims have been paid. 4: In the event of a registered friendly society incurring losses that exceed its retained earnings and reserves, the value of friendly society securities issued by it must be written down accordingly. 5: The following provisions of the Financial Markets Conduct Act 2013 a: paragraph (a) of the definition of special resolution in section 6(1) b: section 120(1)(c) 6: A registered friendly society may, in relation to friendly society securities issued or to be issued by it, appoint a supervisor and sign or amend a trust deed for the purposes of subpart 1 7: Subsection (6) applies regardless of anything to the contrary in the rules of the registered friendly society. Section 58A inserted 1 April 2019 section 12 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 58B: Meaning of distribution 1: In sections 58C to 58E distribution a: the direct or indirect transfer of money or property to or for the benefit of the member; or b: the incurring of a debt to or for the benefit of the member. 2: For the purposes of subsection (1),— a: the distribution must relate to friendly society securities held by the member to whom the distribution is being made; and b: a transfer may be made, or a debt incurred, by means of a purchase of property, the redemption or other acquisition of friendly society securities, a distribution of indebtedness, or by some other means. Section 58B inserted 1 April 2019 section 12 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 58C: Distribution must be authorised A distribution must be authorised in writing by the committee, or committee of management, as the case may be, of the registered friendly society. Section 58C inserted 1 April 2019 section 12 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 58D: Distribution must not be authorised unless registered friendly society solvent The committee, or committee of management, as the case may be, of the registered friendly society must not authorise a distribution unless the committee is satisfied on reasonable grounds that, immediately after the distribution is made, the registered friendly society will be solvent. Section 58D inserted 1 April 2019 section 12 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 58E: Solvency test 1: A registered friendly society is solvent for the purposes of the payment of a distribution if— a: the registered friendly society is able to pay its debts as they become due in the normal course of business; and b: the value of the registered friendly society’s assets is greater than its liabilities, including its contingent liabilities. 2: In determining whether the value of the registered friendly society’s assets is greater than its liabilities, the committee, or committee of management, as the case may be, of the registered friendly society— a: must have regard to all circumstances that the committee knows or ought to know affect, or may affect, the value of the registered friendly society’s assets and the value of its liabilities, including its contingent liabilities; and b: may rely on valuations of assets or estimates of liabilities that are reasonable in the circumstances. 3: In determining, for the purposes of this section, the value of a contingent liability, account may be taken of— a: the likelihood of the contingency occurring; and b: any claim that the registered friendly society is entitled to make, and can reasonably expect to be met, to reduce or extinguish a contingent liability. Section 58E inserted 1 April 2019 section 12 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Accounting records and financial reporting Heading replaced 1 April 2014 section 67 Financial Reporting (Amendments to Other Enactments) Act 2013 59: Financial year 1: The first financial year of a registered society or branch may extend from the date of its registration to such date not later than 18 months from the date of its registration as may be specified in its rules. 2: Where the rules of a registered society or branch are amended to alter its financial year, the amendment may provide that the financial year current at the date of amendment shall be extended for such period not exceeding 6 months as may be specified in its rules or that the financial year next following the financial year that is so current shall be for such period exceeding 12 months but not exceeding 18 months as may be specified in its rules. 3: Friendly Societies Act 1912 s 26A (NSW) Section 59(3) repealed 1 April 2014 section 68 Financial Reporting (Amendments to Other Enactments) Act 2013 60: Accounting records must be kept 1: Every registered society or branch must ensure that there are kept at all times accounting records that— a: correctly record the transactions of the society or branch; and b: will enable the society or branch to ensure that the financial statements of the society or branch comply with the requirements of this Act or any other Act (if those statements are required to be prepared); and c: will enable the financial statements of the society or branch to be readily and properly audited (if those statements are required to be audited). 2: Every registered society or branch must establish and maintain a satisfactory system of control of its accounting records. 3: The accounting records must be kept— a: in written form in English; or b: in a form or manner in which they are easily accessible and convertible into written form in English. Section 60 replaced 1 April 2014 section 69 Financial Reporting (Amendments to Other Enactments) Act 2013 61: Non-application of section 63 if alternative financial reporting duties under financial markets legislation Section 63 subpart 3 section 55 Financial Reporting Act 2013 Section 61 replaced 1 April 2014 section 69 Financial Reporting (Amendments to Other Enactments) Act 2013 62: Meaning of specified not-for-profit entity In sections 63 to 64A specified not-for-profit entity section 46 Financial Reporting Act 2013 Section 62 replaced 1 April 2014 section 69 Financial Reporting (Amendments to Other Enactments) Act 2013 63: Financial statements must be prepared 1: Every registered society or branch must ensure that, within 3 months after the end of the financial year of the society or branch, financial statements are— a: completed in relation to the society or branch and that financial year; and b: dated and signed on behalf of the society or branch by the secretary of the society or branch and either by 2 members of its committee of management acting on behalf of that committee, or by 1 member of its committee of management acting on behalf of that committee and by 1 of the trustees of the society or branch. 2: The financial statements must be prepared in accordance with,— a: in the case of a specified not-for-profit entity, generally accepted accounting practice; or b: in any other case, either generally accepted accounting practice or a non-GAAP standard that applies for the purposes of this section. 3: A registered society or branch must not publish any financial statements unless— a: those financial statements have been audited by the auditor or auditors last appointed to audit the financial statements of the society or branch; and b: those financial statements include, or are accompanied by, a report by the auditor or auditors. 4: Subsection (3) does not apply if the financial statements are not required to be audited. 5: This section is subject to sections 61 64 Section 63 replaced 1 April 2014 section 69 Financial Reporting (Amendments to Other Enactments) Act 2013 64: Registered society or branch may opt out 1: This section applies to a registered society or branch that would, but for this section, be required to comply with section 63 2: However, this section does not apply to a registered society or branch in respect of a financial year if, in each of the 2 preceding financial years, the total operating expenditure of the society or branch is $33 million 3: The members of a registered society or branch may, at a meeting of the society or branch held within 6 months from the start of a financial year, opt out of compliance with section 63 4: If the members opt out of compliance with section 63 5: A financial reporting standard (or a part of a standard) issued by the External Reporting Board that is expressed as applying for the purposes of this section must be applied in determining whether subsection (2) applies. Section 64 replaced 1 April 2014 section 69 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 64(2) amended 1 January 2022 regulation 11 Financial Reporting (Inflation Adjustments) Regulations 2021 64A: Obligation to appoint auditors 1: Every registered society or branch that is a specified not-for-profit entity in respect of a financial year must appoint a qualified auditor to audit its financial statements for that year (whether the financial statements are prepared under this Act or another Act). 2: Subsection (1) does not apply if financial statements for that year are not required to be prepared under any Act. 3: See sections 37 to 39 Financial Reporting Act 2013 4: If a registered society or branch is not a specified not-for-profit entity in respect of a financial year, the society or branch must appoint a qualified auditor to audit its financial statements for that year if the rules of the society or branch require an auditor to be appointed. Section 64A inserted 1 April 2014 section 69 Financial Reporting (Amendments to Other Enactments) Act 2013 64B: Registrar may appoint auditor The Registrar may appoint an auditor if— a: no auditor is appointed as required by section 64A b: a casual vacancy in the office of auditor is not filled within 1 month of the vacancy occurring. Section 64B inserted 1 April 2014 section 69 Financial Reporting (Amendments to Other Enactments) Act 2013 64C: Offences relating to accounting records and financial reporting Every registered society or branch commits an offence and is liable on conviction to a fine not exceeding $50,000 if— a: the society or branch fails to comply with section 60 63(3) 64A b: the society or branch is required to comply with section 63 i: are not completed and signed within the time specified in that section; or ii: fail to comply with an applicable financial reporting standard or a non-GAAP standard (as the case may be). Section 64C inserted 1 April 2014 section 69 Financial Reporting (Amendments to Other Enactments) Act 2013 64D: Audit must be carried out in accordance with auditing and assurance standards An auditor must, in carrying out an audit of the financial statements of a registered society or branch, comply with all applicable auditing and assurance standards. Section 64D inserted 1 April 2014 section 69 Financial Reporting (Amendments to Other Enactments) Act 2013 64E: Auditor must report to society or branch 1: The auditor of a registered society or branch must make a report to the society or branch on the financial statements audited by the auditor. 2: The auditor's report must comply with the requirements of all applicable auditing and assurance standards. Section 64E inserted 1 April 2014 section 69 Financial Reporting (Amendments to Other Enactments) Act 2013 65: Reappointment and removal of auditors 1: Subject to this Act, a qualified auditor appointed to audit the financial statements a: a resolution has been passed at a general meeting of the society or branch appointing another auditor or other auditors or providing expressly that the present auditor shall not be reappointed; or ab: financial statements for the current financial year are not required to be prepared; or ac: the society or branch is not required under section 64A b: he has given to the society or branch notice in writing of his unwillingness to be reappointed; or c: he is ineligible for appointment as auditor of the society or branch for the current financial year; or d: he has ceased to act as auditor of the society or branch by reason of death or incapacity. 2: Where notice is given of an intended resolution to appoint at a general meeting some person or persons in place of a retiring auditor or auditors and the resolution cannot be proceeded with at the meeting because of the death or incapacity of that person or persons, or because he or they are ineligible for appointment as auditor or auditors of the society or branch for the current financial year (as the case may be), the retiring auditor shall not be automatically reappointed by virtue of subsection (1). Friendly Societies Act 1974 s 33 (UK) Section 65(1) amended 1 April 2014 section 70(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 65(1)(ab) inserted 1 April 2014 section 70(2) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 65(1)(ac) inserted 1 April 2014 section 70(2) Financial Reporting (Amendments to Other Enactments) Act 2013 66: Notice of resolution relating to appointment and removal of auditors 1: For the purposes of section 65(1)(a) a: appointing another auditor or auditors in place of a retiring qualified auditor; or b: providing expressly that a retiring qualified auditor shall not be reappointed,— shall not be effective unless notice of the intention to move the resolution has been given to the society or branch not less than 28 days before the meeting at which it is moved. 2: Where notice of the intention to move any such resolution has been given under subsection (1) to a society or branch which is required by its rules to give notice to its members of the meeting at which the resolution is to be moved, the society or branch shall, if it is practicable to do so, give them notice of the resolution at the same time and in the same manner as it gives notice of the meeting. 3: Where notice of the intention to move any such resolution has been given to a registered society or branch under subsection (1), and that society or branch does not give notice of the resolution under subsection (2), it shall give notice of the resolution to its members not less than 14 days before the meeting at which the resolution is to be moved either by advertisement in a newspaper having an appropriate circulation or in any other way allowed by the rules of the society or branch. 4: Where— a: for any of the reasons mentioned in section 65(2) b: by the rules of the registered society or branch an auditor can only be appointed by a resolution passed at a general meeting after notice of the intended resolution has been given to the society or branch before the meeting,— a resolution passed at that meeting reappointing the retiring auditor or appointing an auditor in place of the retiring auditor shall be effective notwithstanding that no notice of that resolution has been given to the society or branch under its rules. 5: Any provision in this section which requires notice to be given to the members of a society or branch shall be construed, in the case of a meeting of delegates appointed by members, as requiring the notice to be given to those delegates. Friendly Societies Act 1974 s 34 (UK) 67: Proceedings subsequent to notice of intention to move resolution 1: On receipt by a registered society or branch of notice of intention to move a resolution under section 66(1) 2: On receipt of a copy of such a notice, the retiring auditor may at any time before the date of the general meeting make concise representations in writing to the society or branch with respect to the intended resolution and may also— a: notify the society or branch that he intends to make such representations; and b: request that notice of his intention, or of any such representations made by him and received by the society or branch before notice of the intended resolution is given to its members, shall be given to members of the society or branch. 3: Subject to subsection (5), a society or branch which receives such representations or such a notification before the date when notice of the intended resolution is required by subsection (2) or (as the case may be) subsection (3) of section 66 a: in any notice of the resolution given to its members, state that it has received those representations or that notification (as the case may be); and b: in any such notice, state that any member may receive on demand made before the date of the general meeting a copy of any representations which have been or may be received by the society or branch before that date; and c: send a copy of any representations received by the society or branch before the date of the meeting to any member on demand made before that date. 4: Without prejudice either to subsection (3) or to any right to be heard orally, the retiring auditor may also require that any representations made by him before the date of the general meeting shall be read out at the meeting. 5: Copies of any such representations need not be sent out, and the representations need not be read out at the meeting, if, on the application either of the society or branch or of any other person, the District Court is satisfied that the rights conferred by this section are being abused to secure needless publicity for defamatory matter; and the court may order the costs of the society or branch on an application under this section to be paid, in whole or in part, by the auditor, notwithstanding that he is not a party to the application. 6: Any provision in this section which requires notice to be given to the members of a society or branch or confers any right upon a member (as the case may be) shall be construed, in the case of a meeting of delegates appointed by members, as requiring a notice to be given to the delegates so appointed or as conferring the right upon a delegate (as the case may be). Friendly Societies Act 1974 s 35 (UK) 68: Auditors' report Section 68 repealed 1 April 2014 section 71 Financial Reporting (Amendments to Other Enactments) Act 2013 69: Auditors' rights to attend and be heard at meetings 1: 2: The auditors of a registered society or branch shall be entitled— a: to attend any general meeting of the society or branch, and to receive all notices of, and other communications relating to, any general meeting which any member of the society or branch is entitled to receive; and b: to be heard at any meeting which they attend on any part of the business of the meeting which concerns them as auditors. Friendly Societies Act 1974 s 39 (UK) Section 69 heading amended 1 April 2014 section 72(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 69(1) repealed 1 April 2014 section 72(2) Financial Reporting (Amendments to Other Enactments) Act 2013 Annual returns and valuations 70: Annual return 1: Every registered society and branch shall once in every year, within 3 months after the close of the financial year of the society or branch or such extended period as the Registrar may in any particular case allow, send to the Registrar an annual return. 2: Every annual return shall relate to the affairs of the society or branch for the financial year preceding that in which the return is required to be sent, and, subject to subsection (3), shall be made in such form and contain such particulars as the Registrar may from time to time require. 3: Every annual return— a: shall be made up for the financial year to which the return relates; and b: must contain, if financial statements are required by this Act or any other Act to be prepared in relation to the society or branch for the financial year to which the return relates, a copy of those financial statements; and c: d: shall have attached a list containing the names, addresses, and designations of the committee of management, the secretary, treasurer, and other principal officers, the trustees, and those persons who are authorised to sue and be sued on behalf of the society or branch; and e: shall be accompanied by a statement giving details of the total number of members in each category of member as recorded in the register kept pursuant to section 40 4: In the case of a branch, the annual return, list, and statement shall be sent to the Registrar under the hand of the secretary of the society of which the branch forms part or, alternatively, may be comprised in the annual return of that society. 5: The annual return sent to the Registrar must be accompanied by the auditor's report on the financial statements referred to in subsection (3)(b) (if any). 1909 No 12 s 36; Friendly Societies Act 1974 s 43(4) (UK) Section 70(3)(b) replaced 1 April 2014 section 73(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 70(3)(c) repealed 1 April 2014 section 73(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 70(5) replaced 1 April 2014 section 73(2) Financial Reporting (Amendments to Other Enactments) Act 2013 71: Annual return by society under dissolution, etc 1: Any registered society or branch which is being terminated by an instrument of dissolution under section 94 section 95 2: In the case of a society or branch amalgamating or transferring its engagements pursuant to section 83 section 84 72: Annual return to be supplied to members 1: A registered society or branch must, on the application of a member or person interested in its funds, supply to the member or person without charge a copy of the last annual return of the society or branch. 2: A registered society or branch must provide, together with every copy of an annual return supplied under subsection (1), a copy of the auditor's report on the financial statements contained in the return (if any). Section 72 replaced 1 April 2014 section 74 Financial Reporting (Amendments to Other Enactments) Act 2013 73: Financial statements must be available Every registered society or branch must keep available for inspection (without charge), by a member or person interested in its funds, at its office during ordinary office hours a copy of the last financial statements completed and signed in accordance with this Act or any other Act (if any), together with the auditor's report (if any) and a copy of the last actuarial report. Section 73 replaced 1 April 2014 section 75 Financial Reporting (Amendments to Other Enactments) Act 2013 74: Actuarial valuation and report 1: Every registered society shall— a: at least once in every 5 years; or b: sooner, if requested by the Registrar in writing and within the time specified by him,— cause its assets and liabilities (including the assets and liabilities of its branches) to be valued by an actuary and the financial condition of the society and branches reported on to the Registrar within the time specified. 2: Every report shall be in such form and contain such particulars as the Registrar may require. 3: The Registrar may, in writing, exempt wholly or in part from the requirements of subsection (1) any society transacting business in respect of which he thinks those requirements to be inapplicable, and may from time to time review, vary, or revoke any exemption so given. 4: Notwithstanding subsection (1), the Registrar, may at any time, or at such time or times as he may specify, require any registered society to have a report or reports prepared by an actuary in respect of such business of the society and its branches or any of them as he may specify, and to send a copy of that report to him within such time as he may specify. 5: The requirements of this Act relating to the actuarial valuation shall not apply to benevolent societies or working men's clubs or licensed insurers 1909 No 12 s 37; 1915 No 64 s 3 Section 74(5) amended 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010 75: Obligation on branches to supply particulars for annual return or actuarial valuation and report It shall be the duty of every branch of a registered society to supply the secretary of the society with all such information as he requires to enable him to prepare the returns he is directed by this Act to furnish to the Registrar, and also with all information required to enable a valuation of the assets and liabilities of the society and its branches to be made or any reports to be prepared in accordance with this Act. 1909 No 12 s 42 76: Appropriation and transfer of surplus funds 1: A registered society or branch which has been reported to possess a surplus at the last actuarial valuation may, if the rules of the society so provide and with the consent of the Registrar and subject to such conditions as he may prescribe, appropriate and transfer between any of the funds of the society or, as the case may be, branch so much of the surplus as can be safely and equitably used for all or any of the following purposes: a: an increase in benefits: b: a reduction in the contributions of members: c: assistance to any fund or funds in deficiency: d: such other purposes as may properly be determined in accordance with the rules in force at the time of the surplus or as may be subsequently amended for the purpose. 2: If, in the opinion of the Registrar, the circumstances in any case are exceptional, the registered society or, as the case may be, branch may, if the rules of the society or branch so provide and with the consent of the Registrar and subject to such conditions as he may prescribe, appropriate and transfer so much of any surplus in any fund as can safely and equitably be used for any of the purposes specified in subsection (1), notwithstanding that the society or branch may not possess a surplus when all its funds are taken into account. 3: A registered society may, in accordance with subsection (1) or subsection (2), transfer so much of any surplus of a fund as can be safely and equitably used to any deficient fund of any registered branch of the society. 4: A registered branch of any registered society may, in accordance with subsection (1) or subsection (2), transfer so much of any surplus of a branch fund as can be safely and equitably used to any deficient fund of the society of which it is a branch. 5: This section does not apply to a licensed insurer. 1909 No 12 ss 41, 41A; 1977 No 152 s 2(1) Section 76(5) added 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010 77: Registrar may advise society on financial position 1: If, after consideration of the actuarial valuation or any report made in respect of any registered society or branch under section 74 section 7(3)(a) 2: This section does not apply to a licensed insurer. Friendly Societies Act 1912 s 31 (NSW) Section 77(2) added 1 February 2011 section 241(2) Insurance (Prudential Supervision) Act 2010 Disputes 78: Settlement of disputes generally 1: In this section, the expression dispute a: includes any dispute arising on the question whether a member or person aggrieved is entitled to be, or to continue to be, a member or to be reinstated as a member: b: in the case of a person who has ceased to be a member, does not (except as provided in paragraph (a)) include any dispute other than one on a question between him and the registered society or branch, or an officer thereof, which arose when he was a member, or arises out of his membership of that society or branch. 2: Subject to this Act, every dispute between— a: a member, or a person claiming through a member (unless that member or person is a supervisor appointed for the purposes of subpart 1 b: any person aggrieved who has ceased to be a member of a registered society or branch, or any person claiming through such person aggrieved (unless that person aggrieved or other person claiming through that person is a supervisor appointed for the purposes of subpart 1 c: any registered branch of any society or branch and the society or branch of which it is a branch; or d: an officer of any such registered branch and the society or branch of which that registered branch is a branch; or e: any 2 or more registered branches of any society or branch or any officers thereof respectively,— shall be decided in the manner directed by the rules of the society or branch (including the appointment of an arbitrator or umpire); and the decision so made shall be binding and conclusive on all parties. 3: Where the rules of a registered society or branch direct that disputes must be referred to Justices, or to a District Court Judge, or to the District Court, the dispute must be determined by way of action in the District Court, and the decision of that court is final. 1909 No 12 s 72(1), (4); Friendly Societies Act 1974 s 76(4) (UK) Section 78(2)(a) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 78(2)(b) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 78(3) replaced 1 March 2017 section 261 District Court Act 2016 79: Reference of dispute to Registrar 1: Notwithstanding anything to the contrary in the rules of any registered society or branch, any party to a dispute of a kind mentioned in section 78(2) a: with the consent of the other party or parties to the dispute: b: where the rules do not appear to apply in the circumstances of the case. 2: The Registrar, when a dispute is referred to him and after he is satisfied that every effort has been made to have the dispute decided in the manner directed by the rules (if applicable) of a society or branch (including the appointment of an arbitrator or umpire), may either decline the reference or may hear and determine the dispute, in which case he shall have power to order the expenses of the hearing and determination to be paid either out of the funds of the society or branch or by such parties to the dispute as he may think fit, and may administer oaths and require the attendance of all parties concerned and of witnesses, and the production of all accounting records and other documents relating to the matter in question. 3: The determination of the Registrar under this section shall have the same effect and be enforceable in the same manner as a decision made pursuant to the rules of the society or branch. 1909 No 12 s 72(3); Friendly Societies Act 1912 s 73(1) (NSW) 80: Statement of case, etc, in settlement of dispute 1: Notwithstanding anything section 78(2) 2: The Registrar, or any arbitrator or umpire to whom such a dispute is referred, may grant to any party such discovery as to documents and otherwise, or such inspection of documents, as might be granted by the High Court, and the discovery shall be made on behalf of the society or branch by such of their officers as the Registrar, arbitrator, or umpire may determine. 1909 No 12 s 72(6), (7) Section 80(1) amended 1 July 1997 section 17 Arbitration Act 1996 81: Reference of disputes to court otherwise than under rules 1: Where, in relation to a dispute of a kind mentioned in section 78(2) section 79 paragraphs  (a) to (e) of the said section 78(2) 2: In the case of a society with branches, the period of 40 days referred to in subsection (1) shall not begin to run until application has been made in succession to all the bodies entitled to determine the dispute under the rules of the society or branch; but the rules of the society or branch shall not require a greater delay than 3 months between each successive determination of a dispute by the bodies entitled under the rules to determine the dispute. 3: For the purposes of this section, the term court the Disputes Tribunal established under the Disputes Tribunal Act 1988 1909 No 12 s 72(5); Friendly Societies Act 1974 s 79 (UK) Section 81(3) substituted 1 March 1989 section 82(2) Disputes Tribunals Act 1988 Section 81(3) amended 1 March 2017 section 261 District Court Act 2016 Special resolutions 82: Special resolutions 1: For the purposes of this Act, a special resolution, in relation to a registered society or branch, is a resolution passed— a: at a general meeting of which notice, specifying the intention to propose that resolution, has been duly given in accordance with the rules of the society or branch; and b: by not less than 75% of those members of the society for the time being entitled under the society's rules to vote who vote on the matter vote on the matter 2: 3: A copy of every special resolution signed by the chairman of the meeting and countersigned by the secretary, shall be sent to the Registrar and, subject to subsection (4), shall forthwith be registered; but until that copy is so registered the special resolution shall not take effect. 4: Where, in accordance with subsection (3), there is sent to the Registrar a copy of a special resolution passed at a meeting of a registered friendly society for the purpose of— a: amalgamating with another registered society or societies; or b: transferring its engagements to another registered society or company registered under the Companies Act 1993 the Registrar shall not register the copy before the expiry of a period of 6 weeks commencing with the day on which he receives it, or, where objection has been made under section 85 1909 No 12 ss 60, 63(1)(a), (2); Friendly Societies Act 1974 s 86 (UK) Section 82(1)(b) amended 30 May 2017 section 105(1) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 82(1)(b) amended 30 May 2017 section 105(2) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 82(2) repealed 30 May 2017 section 105(3) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 82(4)(b) amended 5 December 2013 section 14 Companies Amendment Act 2013 Amalgamations, transfers of engagements, and conversions 83: Amalgamation of societies and transfer of engagements 1: Any 2 or more registered societies may, by special resolution of each of them, become amalgamated together as 1 society, with or without any dissolution or division of the funds of those societies or any of them. 2: A registered society may by special resolution transfer its engagements to any other registered society which may (by special resolution or in such other manner as may be authorised by its rules) undertake to fulfil the engagements of that society. 3: A registered society may by special resolution determine to transfer its engagements to a company registered under the Companies Act 1993 4: A society which has branches shall not amalgamate or transfer its engagements pursuant to this section except with the consent of the central body of the society. 5: Before a society amalgamates or transfers its engagements pursuant to this section, information relating to the terms of the proposed amalgamation or transfer shall be given to the members of the society— a: by sending to each member of the society, not less than 14 days before the date of the general meeting at which the resolution for the amalgamation or transfer is to be proposed, a notice the contents of which have been approved for the purpose by the Registrar; or b: if the Registrar so allows in the case of all or any of the members of the society, by placing an advertisement, the contents of which have been approved for the purpose by him, in such newspaper or newspapers, and at such time or times, as he may specify. 6: For the purposes of subsection (5), the information to be given to members shall relate, at the least, to— a: the financial position of the relevant society and that of the other society or societies or company concerned: b: the interest of the officers of the relevant society and of the other society or societies or company concerned in the union or transfer: c: the compensation or other consideration (if any) proposed to be paid to the officers of the relevant society, and of the other society or societies or company concerned: d: the payments (if any) to be made to the members of the relevant society, and of the other society or societies concerned, in consideration of the union or transfer of engagements. 7: Subject to section 97 Companies Act 1993 8: Where a registered society transfers part of its engagements to a company registered under the Companies Act 1993 section 52 9: No amalgamation or transfer of engagements shall prejudice any right of a creditor of either or any society which is a party thereto. 1909 No 12 ss 62, 63(1); Friendly Societies Act 1974 s 82(4), (5) (UK) Section 83(3) amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 83(7) amended 5 December 2013 section 14 Companies Amendment Act 2013 Section 83(8) amended 5 December 2013 section 14 Companies Amendment Act 2013 84: Society may apply to be registered as company 1: A registered society may, by special resolution, determine to apply to be registered as a company under the Companies Act 1993 2: A society that has branches shall not pass a resolution of the kind referred to in subsection (1) except with the consent of the central body of the society. 3: A copy of every special resolution passed for the purposes of subsection (1) shall be sent or delivered to the Registrar of Companies together with the application for registration under section 12 4: Subject to subsection (5) and to section 97 Companies Act 1993 5: Registration of a registered society as a company shall not affect any right or claim subsisting against the society or any penalty incurred by the society, and— a: for the purpose of enforcing any such right, claim, or penalty, the society may be sued and proceeded against in the same manner as if it had not become registered as a company: b: every such right or claim, or the liability to any such penalty, shall have priority as against the property of the company over all other rights or claims against or liabilities of the company. Section 84 substituted 1 September 1996 section 51 Co-operative Companies Act 1996 85: Objections to amalgamations and transfers of engagements 1: Where a special resolution has been passed for the amalgamation, or transfer of the engagements, of a registered friendly society— a: any member of the society may object on the ground that any provision of this Act or of any rules of the society relating to the procedure for deciding on the resolution have not been complied with: b: any person (whether a member of the society or not) who claims that he is one of a class of persons who to a substantial extent would be adversely affected by the amalgamation or transfer may object on that ground: c: any person (whether a member of the society or not and whether a creditor or not) who claims to be entitled to receive any form of benefit from the society may object on the ground that he is dissatisfied with the provision made for satisfying his claim. 2: Every objection under this section shall be made in writing to the Registrar. 3: No objection under this section shall be made after the expiry of the period of 6 weeks beginning with the date on which the special resolution concerned is received by the Registrar pursuant to section 82(4) 4: Where an objection is made under this section, the Registrar shall have the same powers to hear and determine it as he has under section 79(2) a: so declare, but make no other declaration or order under this subsection; or b: declare the special resolution to be invalid; or c: make such order as he thinks fit modifying the terms of the amalgamation or transfer and, where appropriate, specifying the steps which must be taken before the special resolution may be registered under section 82 and he shall furnish a statement, either written or oral, of the reasons for any decision which he gives under this section. 5: In the course of proceedings on an objection under this section, the Registrar may, if he thinks fit, at the request of the objector or of the registered society concerned, state a case for the opinion of the High Court on any question of law arising in the proceedings; and the decision of the High Court on a case stated under this subsection shall be final. 1909 No 12 s 63(1)(b), (3); Friendly Societies Act 1974 s 83 (UK) 86: Registrar may approve amalgamations, transfers, and conversions 1: If, after notice has been given of a general meeting at which it is proposed to put a special resolution amalgamating or transferring the engagements of the society pursuant to section 83 section 84 2: Notice of every such application shall be published by the society in the Gazette 3: Objections in writing may be made to the Registrar, and for this purpose the provisions of section 85 87: Branches amalgamating, transferring engagements, or converting to company 1: For the purposes of this Part,— a: the provisions relating to amalgamation and the transfer of engagements shall, subject to subsection (2), apply to any registered branch of a society: b: the provisions relating to conversion to a company shall apply to any registered branch of a society,— but no such amalgamation, transfer of engagements, or conversion shall take place unless in accordance with the rules of the society relating to such matters (if any) to which the branches belong and with the consent of the central body of the society. 2: No registered branch shall transfer its engagements to a company unless the society of which it is a branch and all other branches of that society also transfer their engagements to the same company at the same time. 1909 No 12 s 64 88: Conversion of society into branch 1: Subject to subsection (2), a registered society may, by resolution, determine to become a branch of another registered society or of any registered branch of that other society. 2: A resolution under this section shall be passed in the same manner as if it were a special resolution specified under section 82(1) 3: If the rules of the society do not comply with all the provisions of this Act in respect of the registration of branches, the meeting at which the resolution is passed may amend the rules so as to bring them into compliance with this Act. 4: Where a resolution under this section has been passed at a general meeting of a registered society, there shall be sent to the Registrar— a: a copy of the rules of the society marked to show the amendments (if any) made at the meeting; and b: a copy 5: If the Registrar finds that the rules of a society, with or without any such amendment, comply with the provisions of this Part, he shall— a: without further request or notice, cancel the registration of the society and register it as a branch of the other society referred to in the resolution and also, if it is so specified in that resolution, of any branch of that other society; and b: without further application or evidence, register any such amendment of rules,— and until such registration the resolution shall not take effect. 6: Notwithstanding anything to the contrary in this Act, publication of a notice of any cancellation of registration under this section shall not be required. 7: The rules of a society which becomes a branch under this section shall, so far as they are not contrary to any express provision of this Part and subject to any amendment made under the preceding provisions of this section, continue in force as the rules of the branch until amended. 1909 No 12 s 71 Section 88(4)(b) amended 20 September 2007 section 9(a) Friendly Societies and Credit Unions Amendment Act 2007 Section 88(4)(b) amended 20 September 2007 section 9(b) Friendly Societies and Credit Unions Amendment Act 2007 Inspection, winding up, and suspension of business 89: Registrar may appoint inspectors or call special meeting 1: Subject to subsection (2), upon the application of— a: one-fifth of the whole number of members of a registered society which, including its branches, does not have more than 1 000 members; or b: 200 members in the case of a society which, including its branches, has more than 1 000 members,— or of his own volition in respect of any particular registered society or branch, the Registrar may— c: appoint 1 or more inspectors to investigate the affairs of the society or any branch, and to report thereon; or d: call a special meeting of the society or branch; or e: do both of those things, whether on the same or on different occasions. 2: Where an application is made under paragraph (a) or paragraph (b) of subsection (1) by a society having branches, the Registrar shall confer with the central body of the society before proceeding further with the application. 3: Where such an application is made by the requisite number of members, the following provisions shall apply: a: the application shall be supported by such evidence as the Registrar may direct for the purpose of showing that the applicants have good reason for requiring an investigation or a special meeting, as the case may be, and that they are not actuated by malice in making the application: b: such notice of the application shall be given to the society or branch by the applicants or 1 or more of them as the Registrar may direct: c: the Registrar may require the applicants to give security for the costs of the proposed investigation or meeting before the inspector is appointed or the meeting is called: d: all expenses of and incidental to the investigation or meeting shall be defrayed by the applicants, or out of the funds of the society or branch, or by the members or officers or former members or officers of the society or branch, in such proportions as the Registrar may direct. 4: Where acting under subsection (1) of his own volition, the Registrar may direct that all or any of the expenses of and incidental or preliminary to the investigation or meeting shall be defrayed out of the funds of the society, or by the members or officers, or former members or officers, of the society in such proportions as he may direct. 5: An inspector appointed under this section may examine or require the production of all or any accounting records or documents of the society or branch (and for that purpose the provisions of section 8 6: Notwithstanding anything in the rules of a society or branch, where a special meeting is called under this section— a: the Registrar may direct at what time and place the meeting is to be held, and what matters are to be discussed and determined at the meeting, and may give such other directions as he thinks fit with respect to the calling, holding, and conduct of the meeting: b: the Registrar may appoint a person to be chairman at the meeting; and if he does not do so the meeting may appoint its own chairman: c: the meeting shall have all the powers of a meeting called according to the rules of the society or branch. 1909 No 12 s 73; Friendly Societies Act 1974 s 90 (UK) 90: Registrar may apply to put society into liquidation 1: If, after an investigation carried out or meeting held pursuant to section 89 Companies Act 1993 2: The provisions of this section shall apply in relation to a branch of a registered society as they apply in relation to such a society. Section 90 substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 90A: COVID-19 business debt hibernation may apply 2022-06-01 Friendly Societies and Credit Unions Act 1982 Section 90A repealed 31 May 2022 90A: Transitional provisions applying to liquidation of societies Section 90A repealed 5 December 2013 section 14 Companies Amendment Act 2013 91: Registrar may forbid new business or the accepting of new members of society 1: Subject to this section, the Registrar may, if he considers it expedient to do so in the interests of the members of a registered society or the public, give a direction forbidding the society to accept any new members or to enter into a new contract with any of its members. 2: Not less than 1 month before giving a direction under subsection (1) the Registrar shall give the society notice in writing that he proposes to do so, and shall set out in the notice his reasons for doing so. 3: The Registrar shall consider any representations with respect to a notice under subsection (2) which may be made to him by the society within such period (being not less than 1 month) as he may allow from the date on which the society is given the notice or such further period as he may allow, and, if the society so requests, shall afford it an opportunity of being heard by him within that period or further period. 4: Where the Registrar gives a direction under subsection (1) he shall give the society notice in writing of the direction setting out his reasons for doing so; but he shall not give such a direction unless all the reasons set out were those, or were among those, which were set out in the notice given to the society under subsection (2). 5: Notice of the giving of a direction under subsection (1) shall be published by the Registrar in the Gazette 6: A direction given under this section may be revoked by the Registrar, and notice of the revocation shall be published in the same manner as notice of the giving of the direction. 7: A society may, within 1 month after the date of publication of a direction in the Gazette 8: The provisions of this section shall apply in relation to a branch of a registered society as they apply in relation to such a society. Friendly Societies Act 1974 s 88 (UK) Cancellation and suspension of registration, and dissolution 92: Registrar may cancel or suspend registration 1: Subject to this section, the Registrar may suspend for any term not exceeding 3 months and may from time to time renew the suspension for any term not exceeding 3 months each time or may cancel the registration of a society or branch if he is satisfied— a: that registration has been obtained for the society or branch by fraud or mistake; or b: that the society or branch exists for an illegal purpose; or c: that the society or branch has wilfully, and after notice from the Registrar, contravened any of the provisions of this Act; or d: that the society or branch has not commenced business within 1 year of registration or has voluntarily suspended business for more than 6 months; or e: that the society or branch has less than 7 adult members; or f: that the society or branch has ceased to exist; or g: that, at the request of the society or branch, there is good reason for the cancellation or suspension. 2: Any cancellation or suspension of registration under this section shall be effected under the seal of the Registrar. 3: Before cancelling or suspending the registration of a society or branch under this section, the Registrar shall give to the society or, as the case may be, branch not less than 2 months' notice in writing, specifying briefly the reasons for the proposed cancellation or suspension, except no notice need be given in the case of— a: a cancellation or suspension pursuant to subsection (1)(f) or (g); or b: the renewal of a suspension for a further period under subsection (1). 4: The Registrar shall consider any representations with respect to the proposed cancellation or suspension that may be made to him by the society or branch within the said period of 2 months or such further period as he may allow, and, if the society or branch so requests, shall afford it an opportunity of being heard by him within such period or further period allowed. 5: A notice of every such cancellation or every such suspension or renewal of suspension shall as soon as practicable be published in the Gazette 6: A society or branch may,— a: within 1 month after receiving notice from the Registrar, appeal to the High Court from the cancellation of its registration: b: within 1 month after receiving notice from the Registrar that its suspension has been renewed where such renewal will exceed a total term of suspension of 6 months, appeal to the High Court from that renewal. 7: A society or branch whose registration has been cancelled under this section, and every registered branch of any such society or branch, shall from the time of the cancellation (but subject to the right of appeal given under subsection (6)) be deemed to be no longer registered under this Act. 8: Such cancellation shall not relieve any society or branch, or any officer, from any liability previously incurred, and any such liability may be enforced as if the cancellation had not taken place. 9: A society whose registration has been suspended, and every registered branch thereof, shall during the period of suspension (but subject to the right of appeal given under subsection (6)) absolutely cease to enjoy as such the privileges of a registered society or branch, but shall for all other purposes be deemed to continue to be a duly registered society or branch. 1909 No 12 s 70; Friendly Societies Act 1912 s 25(6) (NSW); Friendly Societies Act 1974 s 91 (UK) 93: Dissolution of societies and branches 1: Subject to this section, a registered society or branch may terminate or be dissolved in any of the following ways: a: upon the happening of any event declared by the rules to lead to the termination of the society or branch; or b: by the consent of not less than 75% of the members of the society or branch testified by their signatures to the instrument of dissolution and also, in the case of a branch of a society, with the consent of the central body of the society and in accordance with the society's rules; or c: by the award of the Registrar under section 95 2: A society which has branches shall not be dissolved except with the consent of the central body of the society. 3: If any member of a registered friendly society or branch in respect of which an instrument of dissolution has been registered in accordance with section 94 4: For the purposes of subsection (3), the term court the Disputes Tribunal established under the Disputes Tribunal Act 1988 5: If, as a result of the dissolution of any registered friendly society or branch, any annuity ceases or would cease to be paid or any contract for the payment of an annuity fails or would fail either in whole or in part, no payment shall be made out of the funds of the society or branch to the annuitant or person entitled to the benefit of the contract; but any sum which would otherwise have been paid to that person shall be applied in purchasing for the benefit of the annuitant an annuity (for a similar term and subject to similar conditions against surrender, commutation, or assignment) from any person lawfully carrying on a business in New Zealand of granting annuities on human life. 1909 No 12 ss 65, 69; Friendly Societies Act 1974 s 93 (UK) Section 93(4) substituted 1 March 1989 section 82(2) Disputes Tribunals Act 1988 Section 93(4) amended 1 March 2017 section 261 District Court Act 2016 94: Instrument of dissolution 1: When a registered society or branch is terminated by an instrument of dissolution, the instrument shall set forth— a: the liabilities and assets of the society or branch in detail: b: the number of members, and the nature of their interests in the society or branch: c: the claims of creditors (if any), and the provision to be made for their payment: d: the intended appropriation or division of the funds and property of the society or branch, unless it is expressly stated in the instrument that the appropriation or division shall be left to the award of the Registrar. 2: Alterations in the instrument of dissolution may be made with the consent in writing of not less than 75% of the members of the society or branch and also, in the case of a branch of a society or in the case of a society with branches, with the consent of the central body of the society. 3: A statutory declaration that the provisions of this Act have been complied with shall be made either by one of the trustees or by 3 adult members and the secretary of the society or branch, and shall be sent to the Registrar with the instrument of dissolution. 4: The instrument of dissolution and all alterations to it shall be registered in the manner, with any necessary modifications, provided by sections 23 to 25 5: The instrument of dissolution shall not, in the case of a registered friendly society or branch, direct or contain any provision for a division or appropriation of the funds of the society or branch, or any part thereof, except for the purpose of carrying into effect the objects of the society or branch as declared in their rules, unless the claim of every member or person claiming any relief, annuity, or other benefit from the funds of the society or branch is first duly satisfied or adequate provision is made for satisfying those claims. 6: The Registrar shall, as soon as practicable, cause a notice of the dissolution to be advertised at the expense of the society or branch in the Gazette a: within 3 months from the date of the Gazette b: that dissolution is set aside accordingly,— the society or branch shall, subject to section 97 Gazette 1909 No 12 s 66; Friendly Societies Act 1974 s 94(5) (UK) 95: Dissolution by award 1: On receipt of an application under this section relating to a registered society or branch and after giving not less than 1 month's notice in writing to the society or branch, the Registrar may cause the affairs of the society or branch to be investigated. 2: An application under this section shall be made in writing under the hands of the like proportion or number of members as are required for the making of an application to appoint inspectors under section 89(1) and (2) a: state that the funds of the society or branch are insufficient to meet the existing claims on them, or that the rates of contribution fixed in the rules of the society or branch are insufficient to cover the benefits assured; and b: set forth the reasons for which the insufficiency is alleged; and c: request an investigation into the affairs of the society or branch with a view to its dissolution. 3: Subject to subsection (4) and, in the case of a society with branches, to the Registrar first conferring with the central body of the society, if upon an investigation under this section it appears that the funds of the society or branch are insufficient to meet the existing claims on them, or that the rates of contribution fixed in the rules of the society or branch are insufficient to cover the benefits assured to be given by the society or branch, the Registrar may, if he thinks fit, award that the society or branch be dissolved and its affairs wound up, and where such an award is made the Registrar shall direct in what manner the assets of the society or branch shall be divided or appropriated. 4: Where the Registrar makes an award under subsection (3), he may suspend its operation for such period as he thinks necessary to enable the society or branch to make such alterations and adjustments of contributions and benefits as will, in his judgment, prevent the necessity of the award of dissolution coming into operation; and where within that period the society makes such alterations and adjustments the Registrar may cancel the award. 5: The Registrar proceeding under this section shall have the same powers, enforceable by the same penalties, as he has in the case of a dispute referred to him under this Act. 6: Within 21 days after the making of an award of dissolution of a society or branch, the Registrar shall cause notice of the award of dissolution to be advertised in the Gazette a: within 3 months from the date on which that advertisement appears in the Gazette b: the dissolution is set aside accordingly,— the society or branch shall, subject to section 97 Gazette 7: The expenses of every investigation and award under this section and of advertising every notice of dissolution shall be paid out of the funds of the society or branch before any other appropriation is made. 8: Every award under this section shall be final and conclusive on— a: the society or branch in respect of which the award is made; and b: all members of that society or branch; and c: all other persons having any claim on the funds of that society or branch,— and every such award shall be enforced in the same manner as a decision on a dispute under this Act. 1909 No 12 s 67; Friendly Societies Act 1974 ss 95(4), 96 (UK) 96: Notice to Registrar of proceedings to oppose dissolution 1: Where any person takes proceedings to set aside the dissolution of a society or branch, he shall give notice of the proceedings to the Registrar not later than the expiry of whichever of the following periods first expires: a: the period of 7 days after the commencement of the proceedings: b: the period of 3 months referred to in section 94(6)(a) section 95(6)(a) 2: Where an order is made setting aside the dissolution of a society or branch, the society or branch shall give notice of the order to the Registrar within 7 days after the order is made. 1909 No 12 s 68; Friendly Societies Act 1974 s 97 (UK) 97: Property to be transferred before final dissolution Where a registered society or branch amalgamates or transfers its engagements pursuant to section 83 section 84 section 94 section 95 Industrial and Provident Societies Act 1965 s 59 (UK) 3: Credit unions Incorporation Heading replaced 1 April 2019 section 13 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 98: Credit unions to be incorporated under this Part 1: No person, other than a credit union incorporated under this Part in accordance with section 100B 2: For the purposes of subsection (1), to trade or carry on business as a credit union means— a: administering a fund into which members of a group contribute money that is to be applied wholly or principally— i: in loans to those members; or ii: in both of the following: A: loans to those members: B: loans of the kind referred to in section 110(1)(b) b: representing the person c: using, in reference to the person, 3: Nothing in subsection (2)(c) shall apply to— a: the use by an officer or employee of a credit union of a title or descriptive expression indicating his office or post with the credit union; or b: the use with reference to an association of credit unions of a name which has been approved in writing by the Registrar. Credit Union Act 1969 s 28 (NSW) Section 98 heading amended 1 April 2019 section 14(1) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 98(1) replaced 1 April 2019 section 14(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 98(2)(a) replaced 1 April 2019 section 14(3) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 98(2)(b) amended 1 April 2019 section 14(4) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 98(2)(c) amended 1 April 2019 section 14(5) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 99: Exemptions from incorporation under this Part 1: Section 98 a: any person Schedule 5 b: any person c: any building society registered under the Building Societies Act 1965 d: e: the members of any fund in existence as at the commencement of this Act, being a fund which may otherwise be trading or carrying on business as a credit union but which is an integral part of an associated commercial or trading activity involving those members. 2: Schedule 5 3: No person section 98 provided that the prohibition effected by this subsection shall not apply to any person 4: An order under subsection (2) is secondary legislation ( see Part 3 Credit Union Act 1969 s 28(3) (NSW) The following table is small in size and has 3 columns that are grouped under the 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 99 heading amended 1 April 2019 section 15(1) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 99(1)(a) amended 1 April 2019 section 15(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 99(1)(b) amended 1 April 2019 section 15(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 99(1)(d) repealed 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Section 99(2) amended 1 April 2019 section 15(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 99(3) amended 1 April 2019 section 15(3) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 99(3) proviso amended 1 April 2019 section 15(3) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 99(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 100: Persons eligible to incorporate credit union 1: Any 21 or more persons falling within subsection (2) may apply to the Registrar in accordance with section 100A 2: The persons referred to in subsection (1) are as follows: a: an adult: b: a charitable entity as defined by the Charities Act 2005 c: an incorporated society registered under the Incorporated Societies Act 1908 Section 100 replaced 1 April 2019 section 16 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 100A: Application for incorporation of credit union 1: An application under section 100 a: be signed by each of the applicants; and b: include a copy of the credit union’s proposed rules; and c: include a list of the names, addresses, and designations of the officers proposed for the credit union; and d: include such information or evidence as the Registrar may reasonably require in relation to any of the matters referred to in section 100B(1)(a) to (f) 2: The credit union’s proposed rules must either— a: contain provisions in respect of the matters mentioned in Schedule 4 b: accord with any model rules applicable to credit unions produced by the Registrar under section 9 Section 100A inserted 1 April 2019 section 16 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 100B: Incorporation of credit union 1: Subsection (2) applies if an application is made under section 100 a: that the credit union will have at least 21 members who fall within section 100(2) b: that the credit union’s proposed rules comply with section 100A(2) c: that the only objects of the credit union will be those of a credit union specified in section 101 d: that the credit union will have a common bond as defined in section 102 e: that the credit union’s name will comply with section 103 f: that there is no reason to expect that the credit union will not be operated in accordance with its rules and this Part. 2: The Registrar must— a: register the credit union’s name; and b: issue a certificate of incorporation; and c: register the credit union’s rules (together with any other documents or information relating to the credit union that the Registrar thinks appropriate). 3: The credit union is, on and after the date of incorporation set out in the certificate of incorporation, a body corporate that has— a: perpetual succession; and b: the capacity, rights, powers, and privileges provided for in section 107B 4: The credit union continues in existence until it is removed from the register under section 140 5: The certificate of incorporation is conclusive evidence that— a: all the requirements of this Part as to incorporation have been complied with; and b: on and after the date of incorporation set out in the certificate, the credit union is registered and incorporated under this Part. 6: If the Registrar refuses to act under subsection (2) in relation to an application, the applicants may, within 3 months after the date on which they are notified of the refusal, appeal against the refusal to the High Court. 7: If the refusal is overruled on appeal, then, subject to such terms and conditions as the court may impose or otherwise in pursuance of the court order, the Registrar must act under subsection (2) as soon as practicable. Section 100B inserted 1 April 2019 section 16 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 101: Objects of credit union 1AA: A credit union is to operate, on the basis of this Act, for the mutual benefit and assistance of its members. 1: The objects of a credit union shall be— a: the promotion of thrift among its members by the accumulation of their savings; and b: the use and control of the members’ savings for their mutual benefit, including— i: for making loans to members; and ii: if authorised by the credit union’s rules, for making loans under section 110(1)(b) ba: if authorised by, and in accordance with, the credit union’s rules, the provision of products or services under section 110(2) c: the training and education of the members in the wise use of money and in the management of their financial affairs; and d: at the discretion of the credit union and as a minor adjunct to the other objects set out in this subsection, the welfare of its members and the making of donations for charitable, cultural, benevolent, or philanthropic purposes. 2: Credit Unions Act 1979 s 1(3) (UK) Section 101(1AA) inserted 1 April 2019 section 17(1) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 101(1)(b) replaced 1 April 2019 section 17(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 101(1)(ba) inserted 1 April 2019 section 17(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 101(2) repealed 1 April 2019 section 17(3) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 102: Qualifications for admission to membership of credit union 1: For the purposes of this Act, a credit union has a common bond a: following a particular occupation or particular occupations: b: residing in a particular locality or particular localities: c: being employed in a particular locality or particular localities: d: being employed by a particular employer or particular employers: e: being a member of a bona fide organisation or bona fide organisations or being otherwise associated with members of the organisation or organisations for a purpose other than that of incorporating f: any other qualification that can be objectively determined: g: a mixture of any qualifications in paragraphs (a) to (f). 2: For the purposes of subsection (1), a qualification can be objectively determined if it— a: includes every person who fulfills the qualification; and b: is able to be determined by a person who is not a member of the credit union; and c: does not depend on any person's subjective judgement. 3: For the purposes of this Act, if the rules of a credit union so provide, a person shall be treated as fulfilling a qualification for admission to membership stated in those rules if he is a member of the same household as, and is a relative of, another person who is a member of the credit union and fulfils that qualification directly. 4: In subsection (3), relative a: any current or former spouse, civil union partner or de facto partner of the person; and b: any lineal ancestor, lineal descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin of the person or of any current or former spouse, civil union partner, or de facto partner of the person; and c: any current or former spouse, civil union partner, or de facto partner of any person referred to in paragraph (b). Credit Unions Act 1979, ss 1(4), (5), (6), 31 (UK) Section 102(1) substituted 22 November 2006 section 5 Friendly Societies and Credit Unions Amendment Act 2006 Section 102(1)(e) amended 1 April 2019 section 18 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 102(2) substituted 22 November 2006 section 5 Friendly Societies and Credit Unions Amendment Act 2006 Section 102(4) substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 103: Name of credit union 1: Except where otherwise authorised in writing by the Registrar in the circumstances of any case, the name of every 2: A credit union’s name must not— a: be identical, or almost identical, to that of— i: any other credit union; or ii: any other body corporate established or registered in New Zealand or carrying on activities in New Zealand; or b: be, in the Registrar’s opinion, likely to mislead the credit union’s members or the public as to the credit union’s nature or identity; or c: be, in the Registrar’s opinion, offensive; or d: be a name the use of which by the credit union contravenes any other enactment. 3: If, at any time, a credit union’s name contravenes (through inadvertence or otherwise) this section,— a: the Registrar may by notice to the credit union require the credit union to change its name so that the name does not contravene this section; and b: if the Registrar does so, the credit union must change its name accordingly within the period of 4 weeks from the date on which it receives the Registrar’s notice or within such longer period as the Registrar may allow. Credit Unions Act 1979 s 3 (UK) Section 103 heading amended 1 April 2019 section 19(1) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 103(1) amended 1 April 2019 section 19(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 103(2) inserted 1 April 2019 section 19(3) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 103(3) inserted 1 April 2019 section 19(3) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 104: Registration and rules of credit union Section 104 repealed 1 April 2019 section 20 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 105: Effect of rules on members of credit union 1: The rules of a credit union are binding, in accordance with their terms, as between— a: the credit union and each member; and b: each member. 1A: Subsection (1) is subject to the rest of this Act. 2: Subject to subsection (3), all money payable by a member to a credit union shall be deemed to be a debt due from the member to the credit union, and shall be recoverable as such. 3: A member of a credit union shall not, without his consent in writing having been first obtained, be bound by any amendment of the credit union's rules registered after he became a member, if and so far as that amendment requires him to take or subscribe for more shares than the number held by him at the date of registration of the amendment, or to pay upon the shares so held any sum exceeding the amount unpaid upon them at that date, or in any other way increases the liability of that member to contribute to the share capital of the credit union. 4: Fees for admission to membership, or levies, or charges for management or other services are payable by a member to a credit union only if the rules of the credit union set out— a: the amount of the fees, levies, or charges; or b: the mechanism for charging the fees, levies, or charges. 1915 No 64 s 6; Industrial and Provident Societies Act 1965 s 14(2) (UK) Section 105(1) replaced 1 April 2019 section 21 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 105(1A) inserted 1 April 2019 section 21 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 105(4) substituted 22 November 2006 section 7 Friendly Societies and Credit Unions Amendment Act 2006 106: Membership of credit union, voting rights 1: An individual, a charitable entity as defined by the Charities Act 2005 Incorporated Societies Act 1908 a: section 39(1) and (2) Part 2 aa: no person under the age of 18 years can be an officer of a credit union; and b: no charitable entity as defined by the Charities Act 2005 Incorporated Societies Act 1908 2: Members need have no more than $10 in fully paid-up shares, although a credit union's rules may allow for a deposit of more or less than $10 in fully paid-up shares. 3: 4: A member of a credit union who ceases to fulfil the qualifications for admission to membership shall be entitled, subject to subsection (5), to retain his membership unless the rules of the credit union provide otherwise; and in this Act, the term non-qualifying member provided that, where the rules of the credit union so provide, a member shall not cease to fulfil the qualifications for membership by reason merely of retirement from following a particular occupation or employment with a particular employer. 5: The number of non-qualifying members of a credit union shall not at any time exceed 10% of the total membership of the credit union. 6: Non-qualifying members of a credit union shall be left out of account in determining for any purpose whether a common bond exists between the members of the credit union. 7: 8: Subject to any provision in the rules of a credit union as to voting by a chairman who has a casting vote or to voting by delegates at any conference or meeting relating to credit unions, on every matter which is determined by a vote of members of a credit union every member shall be entitled to vote and shall have 1 vote only. 9: Section 82 Credit Unions Act 1979 s 5 (UK) Section 106(1) substituted 22 November 2006 section 8 Friendly Societies and Credit Unions Amendment Act 2006 Section 106(1)(a) amended 1 April 2019 section 22(1) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 106(1)(aa) inserted 1 April 2019 section 22(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 106(2) substituted 22 November 2006 section 8 Friendly Societies and Credit Unions Amendment Act 2006 Section 106(3) repealed 31 August 2012 section 4(1) Friendly Societies and Credit Unions Amendment Act 2012 Section 106(7) repealed 1 April 2019 section 22(3) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 106(9) inserted 1 April 2019 section 22(4) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 106A: Members not liable for obligations of credit union 1: A member of a credit union is not liable for an obligation of the credit union by reason only of being a member. 2: Subsection (1) does not affect— a: section 141 b: any liability that a member of a credit union has to the credit union— i: under its rules or a contract; or ii: for any tort, breach of a fiduciary duty, or other actionable wrong committed by the member. Section 106A inserted 1 April 2019 section 23 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 106B: Amendment of credit union’s rules 1: A credit union’s rules may be amended by a resolution of a majority of its members entitled to vote and voting on the matter. 2: Section 26 3: An amendment of a credit union’s rules has no effect until the amendment is registered. 4: For the purposes of subsection (3), the following, signed by 3 members, must be sent to the Registrar for registration (unless the amendment is made by the Registrar under section 26 a: a copy of the amendment: b: a copy of the rules as amended. 5: Subsections (3) and (4) do not apply to a change in the situation of a credit union’s registered office, but notice of the change, and a copy of the rules as amended, must be sent promptly to the Registrar for registration. 6: An amendment of a credit union’s rules may be registered only if the rules as amended either— a: contain provisions in respect of the matters mentioned in Schedule 4 b: accord with any model rules applicable to credit unions produced by the Registrar under section 9 7: Before registering an amendment of a credit union’s rules, the Registrar may require from the credit union such information or evidence as may be reasonable to show that, after the amendment takes effect, the credit union will be operated in accordance with its rules and this Part. Section 106B inserted 1 April 2019 section 23 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 106C: Credit union to supply copy of rules A credit union must deliver to any person on request, on payment of any reasonable charge imposed by the credit union, a copy of the rules of the credit union. Section 106C inserted 1 April 2019 section 23 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Shares and securities Heading replaced 1 April 2019 section 24 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 107: Credit union to have shares 1: Every credit union shall have shares, which shall all rank equally and be 2: Shares in a credit union shall not be transferable and a credit union shall not issue to a member a certificate denoting ownership of a share. 3: The rules of a credit union may provide for a share to be held by 2 or more members jointly; but, for the purposes of this Act, one of those joint holders (to be ascertained in the manner provided in the rules) shall be deemed to be the member to whom the share was allotted and to whom the provisions of this Act apply accordingly. 4: Subject to subsection (5), shares in a credit union shall be withdrawable; but a credit union shall not issue shares except on terms enabling it to require not less than 60 days' notice of withdrawal. 5: If a withdrawal of shares would reduce a member's paid-up shareholding in the credit union to less than his total liability (including any contingent liability) to the credit union whether as borrower, guarantor, or otherwise, then— a: in the case of a non-qualifying member, the withdrawal shall not be permitted; and b: in any other case, the withdrawal shall be permitted only at the discretion of the committee of management of the credit union. Credit Unions Act 1979 s 7 (UK) Section 107(1) amended 17 December 1985 Friendly Societies and Credit Unions Amendment Act (No 2) 1985 107A: Credit union may offer credit union securities 1: A credit union may, if authorised by and in accordance with its rules 2: Credit union securities— a: are transferable only between members; and b: confer no voting rights upon holders. 3: In the event of a credit union being wound up, claims for credit union securities must not be paid until all creditors' claims and claims relating to the shares referred to in section 107 4: In the event of a credit union incurring losses that exceed its retained earnings and reserves, the value of the credit union securities must be written down accordingly. 5: To avoid doubt, credit union securities do not include shares under section 107 Section 107A inserted 31 August 2012 section 5 Friendly Societies and Credit Unions Amendment Act 2012 Section 107A(1) amended 1 April 2019 section 25 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 107A(5) replaced 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013 Capacity, powers, and validity of actions Heading inserted 1 April 2019 section 26 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 107B: Capacity and powers of credit union 1: A credit union has, both within and outside New Zealand,— a: full capacity to carry on or undertake any business or activity, to do any act, or to enter into any transaction, if the carrying on or undertaking of the business or activity, the doing of the act, or the entering into the transaction— i: is directly in pursuance of the credit union’s objects or is incidental to the credit union’s objects; and ii: is authorised by this Act or the credit union’s rules; and b: for the purposes of paragraph (a), full rights, powers, and privileges. 2: Subsection (1) is subject to this Act, any other enactment, and the general law. 3: The credit union’s rules may contain the following provisions: a: provisions giving authority for the purposes of subsection (1)(a)(ii): b: provisions restricting the capacity, rights, powers, or privileges that the credit union would otherwise have. Section 107B inserted 1 April 2019 section 26 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 107C: Validity of actions 1: An act of a credit union or the transfer of property to or by a credit union is not invalid merely because the credit union did not have the capacity, right, or power to do the act or to transfer or take a transfer of the property. 2: Subsection (1) does not limit— a: section 107F 118 b: any proceedings that may otherwise be taken— i: by a member of a credit union against the credit union or an officer of the credit union to prevent an act of, or a transfer of property to or by, the credit union that would be invalid apart from subsection (1); or ii: by a credit union or a member or former member of a credit union against an officer or a former officer of the credit union in relation to an act of, or a transfer of property to or by, the credit union that would have been invalid apart from subsection (1). 3: The fact that an act is not, or would not be, in the best interests of a credit union does not affect the capacity of the credit union to do the act. Section 107C inserted 1 April 2019 section 26 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 107D: Dealings between credit union and other persons 1: A credit union may not assert against a person dealing with the credit union that— a: this Act has not, or the credit union’s rules have not, been complied with; or b: a person named as an officer of the credit union in any register— i: is not an officer of the credit union; or ii: has not been duly appointed; or iii: does not have authority to exercise a power that, given the nature of the credit union, an officer customarily has authority to exercise; or c: a person held out by the credit union as an officer, employee, or agent of the credit union— i: has not been duly appointed; or ii: does not have authority to exercise a power that, given the nature of the credit union, a person appointed to that capacity customarily has authority to exercise; or d: a person held out by the credit union as an officer, employee, or agent of the credit union does not have the authority to exercise a power that the credit union holds the person out as having; or e: a document issued on behalf of the credit union by an officer, employee, or agent of the credit union with actual or usual authority to issue the document is not valid or not genuine. 2: However, a credit union may assert any of the matters referred to in subsection (1)(a) to (e) against a person dealing with the credit union if that person had, or ought to have had, by virtue of the person’s position with or relationship to the credit union, knowledge of those matters. 3: Subsection (1) applies even though a person of a kind referred to in subsection (1)(b) to (e) acts fraudulently or forges a document that appears to have been signed on behalf of the credit union, unless the person dealing with the credit union has actual knowledge of the fraud or forgery. 4: In this section, person dealing a: means, in the case of a transaction with a credit union, the other party to the transaction; and b: includes a person who has acquired property, rights, or interests from a credit union. Section 107D inserted 1 April 2019 section 26 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 107E: No constructive notice A person is not affected by, or deemed to have notice or knowledge of the contents of, the rules of, or any other document relating to, a credit union merely because— a: the rules are, or the document is,— i: registered; or ii: available to the public under section 5(3) or (4) iii: available for inspection at an office of the credit union; or b: in the case of the rules, a copy of them can be requested under section 106C Section 107E inserted 1 April 2019 section 26 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 107F: High Court may restrain credit union from acting contrary to Act or credit union’s rules 1: The High Court may, on an application by a person listed in subsection (2), make an order restraining a credit union from acting contrary to this Act or the credit union’s rules. 2: The application may be made by— a: a member of the credit union; or b: the Registrar; or c: the Reserve Bank of New Zealand, but only if the credit union is an NBDT as defined in section 5 Section 107F inserted 1 April 2019 section 26 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 108: General prohibition on taking deposits Section 108 repealed 31 August 2012 section 6 Friendly Societies and Credit Unions Amendment Act 2012 109: Power of credit union to borrow money Section 109 repealed 1 April 2019 section 27 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 109A: Power of credit union to appoint supervisor for debt securities Section 109A repealed 1 April 2019 section 27 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 110: Credit union may make loans to members and enterprises related to members, etc 1: A credit union may make loans (with or without security) as follows: a: to members: b: to enterprises in cases where— i: the enterprise (when the loan is made)— A: is related to a member; and B: has no more than 19 full-time equivalent employees; and ii: the loan is to be used for the purposes of a business being, or to be, carried on by the enterprise. 2: A credit union may provide products or services as follows: a: to members: b: to enterprises which have loans with the credit union under subsection (1)(b): c: to enterprises in cases where— i: the enterprise (when the product or service is provided)— A: is related to a member; and B: has no more than 19 full-time equivalent employees; and ii: the product or service is for the purposes of a business being, or to be, carried on by the enterprise. 3: In this section, enterprise a: a body corporate: b: a firm under the Partnership Law Act 2019 c: the trustee or trustees of a trust. 4: For the purposes of this section, an enterprise is related M a: the enterprise is a body corporate and M has the power, directly or indirectly, to exercise, or to control the exercise of, the rights to vote attaching to 25% or more of the voting products (as defined in section 6(1) b: the enterprise is a firm under the Partnership Law Act 2019 i: M’s share of the firm’s profits in accordance with the terms of the partnership is 25% or more; or ii: if M’s share of the firm’s profits cannot be determined in accordance with the terms of the partnership, M’s share of the most recent distribution of the firm’s profits was 25% or more; or c: the enterprise is the trustee or trustees of a trust and M has, or the members of M’s family (taken together) have, a beneficial entitlement to 25% or more of the trust’s assets. 5: For the purposes of subsection (4)(c), the members of M’s family are— a: M; and b: any current or former spouse, civil union partner, or de facto partner of M; and c: any brother, sister, lineal ancestor, or lineal descendant of M; and d: any current or former spouse, civil union partner, or de facto partner of a person covered by paragraph (c). Section 110 replaced 1 April 2019 section 28 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 110(3)(b) amended 21 April 2020 section 86 Partnership Law Act 2019 Section 110(4)(b) amended 21 April 2020 section 86 Partnership Law Act 2019 111: Minister may fix maximum amount of loans to members Section 111 repealed 31 August 2012 section 9 Friendly Societies and Credit Unions Amendment Act 2012 112: Credit union property to vest in trustees Section 110 repealed 1 April 2019 section 29 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 113: Credit union may hold land Section 113 repealed 1 April 2019 section 29 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 114: Officers of credit union to give security Section 114 repealed 1 April 2019 section 29 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 115: Duty of officers of credit union to account Section 115 repealed 1 April 2019 section 29 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 116: Priority on death, bankruptcy, etc, of officer Section 116 repealed 1 April 2019 section 29 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 117: Investment of surplus funds Section 117 repealed 1 April 2019 section 29 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Distribution to members Heading inserted 31 August 2012 section 13 Friendly Societies and Credit Unions Amendment Act 2012 117A: Meaning of distribution 1: In sections 117B to 117D distribution a: the direct or indirect transfer of money or property to or for the benefit of the member; or b: the incurring of a debt to or for the benefit of the member. 2: For the purposes of subsection (1),— a: the distribution must relate to credit union securities held by the member to whom the distribution is being made; and b: a transfer may be made, or a debt incurred, by means of a purchase of property, the redemption or other acquisition of credit union securities or shares, a distribution of indebtedness, or by some other means. 1993 No 105 s 2 Section 117A inserted 31 August 2012 section 13 Friendly Societies and Credit Unions Amendment Act 2012 117B: Distribution must be authorised A distribution must be authorised in writing by the committee, or committee of management, as the case may be, of the credit union. 2008 No 1 s 40 Section 117B inserted 31 August 2012 section 13 Friendly Societies and Credit Unions Amendment Act 2012 117C: Distribution must not be authorised unless credit union solvent The committee, or committee of management, as the case may be, of the credit union must not authorise a distribution unless the committee is satisfied on reasonable grounds that, immediately after the distribution is made, the credit union will be solvent. 2008 No 1 s 41 Section 117C inserted 31 August 2012 section 13 Friendly Societies and Credit Unions Amendment Act 2012 117D: Solvency test 1: A credit union is solvent for the purposes of the payment of a distribution if— a: the credit union is able to pay its debts as they become due in the normal course of business; and b: the value of the credit union’s assets is greater than its liabilities, including its contingent liabilities. 2: In determining whether the value of the credit union’s assets is greater than its liabilities, the committee, or committee of management, as the case may be, of the credit union— a: must have regard to all circumstances that the committee knows or ought to know affect, or may affect, the value of the credit union’s assets and the value of its liabilities, including its contingent liabilities; and b: may rely on valuations of assets or estimates of liabilities that are reasonable in the circumstances. 3: In determining, for the purposes of this section, the value of a contingent liability, account may be taken of— a: the likelihood of the contingency occurring; and b: any claim that the credit union is entitled to make and can reasonably expect to be met to reduce or extinguish a contingent liability. 2008 No 1 s 42 Section 117D inserted 31 August 2012 section 13 Friendly Societies and Credit Unions Amendment Act 2012 Disputes 118: Disputes in relation to credit unions For the purposes of this Part, the following provisions shall, as far as they are applicable and with any necessary modification, apply in respect of credit unions as if they were societies registered under Part 2 a: section 78 b: section 79 c: section 80 d: section 81 Accounting records and financial reporting Heading replaced 1 April 2014 section 76 Financial Reporting (Amendments to Other Enactments) Act 2013 119: Credit union to maintain general reserves Section 119 repealed 31 August 2012 section 14 Friendly Societies and Credit Unions Amendment Act 2012 120: Financial year of credit union 1: The first financial year of a credit union may extend from the date of its registration to such date not later than 18 months from the date of its registration as may be specified in its rules. 2: Where the rules of a credit union are amended to alter its financial year, the amendment may provide that the financial year current at the date of amendment shall be extended for such period not exceeding 6 months as may be specified in its rules or that the financial year next following the financial year that is so current shall be for such period exceeding 12 months but not exceeding 18 months as may be specified in its rules. 3: Section 120(3) repealed 1 April 2014 section 77 Financial Reporting (Amendments to Other Enactments) Act 2013 121: Accounting records must be kept Every credit union must comply with subpart 2 Section 121 replaced 1 April 2014 section 78 Financial Reporting (Amendments to Other Enactments) Act 2013 122: Financial reporting Every credit union must comply with subpart 3 Section 122 replaced 1 April 2014 section 78 Financial Reporting (Amendments to Other Enactments) Act 2013 123: Obligation to appoint auditors 1: Every credit union must, in each financial year, appoint a qualified auditor to audit its financial statements for that year. 2: See sections 37 to 39 Financial Reporting Act 2013 Section 123 replaced 1 April 2014 section 78 Financial Reporting (Amendments to Other Enactments) Act 2013 124: General matters relating to auditors For the purposes of this Part, the following provisions of this Act, as far as they are applicable and with the necessary modifications, apply in respect of credit unions as if they were societies registered under Part 2 a: section 64B b: sections 64D 64E c: section 65 d: section 66 e: section 67 f: section 69 Section 124 replaced 1 April 2014 section 78 Financial Reporting (Amendments to Other Enactments) Act 2013 125: General matters relating to auditors, the auditors' report, and auditors' rights of access Section 125 repealed 1 April 2014 section 78 Financial Reporting (Amendments to Other Enactments) Act 2013 126: Registrar may advise credit union on financial position Where it appears to the Registrar to be necessary or desirable that the financial structure of the business or activities or any part of them of a credit union should be amended or improved, he may advise the credit union of his opinion and require it to submit to him such proposals (whether by way of levy on members or the writing down of share capital or otherwise) as will effect that financial amendment or improvement. Annual returns 127: Annual return 1: Every credit union shall once in every year, within 4 2: Every annual return shall relate to the affairs of the credit union for the financial year preceding that in which the return is required to be sent, and, subject to subsection (3), shall be made in such form and contain such particulars as the Registrar may from time to time require. 3: Every annual return— a: shall be made up for the financial year to which the return relates; and b: must contain a copy of the financial statements that are prepared in relation to the credit union for the financial year; and c: d: must have attached a list containing the names, addresses, and designations of the officers of the credit union; and e: shall be accompanied by a statement giving details of the total number of members in each category of member as recorded in the register kept pursuant to section 130 4: The annual return sent to the Registrar must be accompanied by the auditor's report on the financial statements referred to in subsection (3)(b). Section 127(1) amended 1 April 2019 section 30(1) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 127(3)(b) replaced 1 April 2014 section 79(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 127(3)(c) repealed 1 April 2014 section 79(1) Financial Reporting (Amendments to Other Enactments) Act 2013 Section 127(3)(d) replaced 1 April 2019 section 30(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 127(4) replaced 1 April 2014 section 79(2) Financial Reporting (Amendments to Other Enactments) Act 2013 128: Annual return by credit union under dissolution 1: 2: In the case of a credit union amalgamating or transferring its engagements pursuant to section 135 Section 128(1) repealed 1 April 2019 section 31 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 129: Annual return to be supplied to members 1: A credit union must, on the application of a member or person interested in its funds, supply to the member or person without charge a copy of the last annual return of the credit union. 2: A credit union must provide, together with every copy of an annual return supplied under subsection (1), a copy of the auditor's report on the financial statements contained in the return. Section 129 replaced 1 April 2014 section 80 Financial Reporting (Amendments to Other Enactments) Act 2013 Miscellaneous provisions 130: Register of members of credit union 1: Every credit union shall set up and maintain an indexed register of members showing separately— a: ordinary members: b: non-qualifying members within the meaning of section 106(4) 2: The register shall show— a: the name and address of each member: b: the date on which the member joined the credit union or changed category as a member: c: the date on which any person ceased to be a member. 3: The register of members shall also show such other particulars as may from time to time be prescribed , by notice, 4: The register shall be kept at the registered office of the credit union, and shall be open to inspection during ordinary office hours by any member of the credit union. 5: A notice under subsection (3) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 130(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 130(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 131: Inspection of books and accounts of credit union Section 131 repealed 1 April 2014 section 81 Financial Reporting (Amendments to Other Enactments) Act 2013 132: Financial statements must be available Every credit union must keep available for inspection (without charge), by a member or person interested in its funds, at its office during ordinary office hours a copy of the last financial statements completed and signed in accordance with the Financial Markets Conduct Act 2013 Section 132 replaced 1 April 2014 section 82 Financial Reporting (Amendments to Other Enactments) Act 2013 133: Credit union to be insured against fraud or other dishonesty 1: A credit union must have a policy of insurance that complies with the requirements of this section. 2: In order to comply with this section, a policy of insurance— a: subject to such exceptions as may be prescribed, shall insure the credit union in respect of every description of loss suffered or liability incurred by reason of the fraud or other dishonesty of any of its officers or employees; and b: shall so insure the credit union up to a limit of not less than such amount as may be prescribed in respect of any one claim, except that the liability of the insurer may be restricted to a prescribed amount in respect of the total of the claims made in any one year; and c: shall not, except with the consent in writing of the Registrar, provide in relation to any claim for any amount greater than 1% of the limit referred to in paragraph (b) to be met by the credit union; and d: shall comply with such other conditions as may be prescribed. 3: In this section, prescribed 4: 5: Every credit union which, at any time, fails to maintain in force a policy of insurance complying with the requirements of this section, and every member of the committee of management of such a credit union, commits an offence and shall be liable on 6: An order under this section is secondary legislation ( see Part 3 Credit Unions Act 1979 s 15 (UK) The following table is small in size and has 3 columns that are grouped under the 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 133(1) replaced 1 April 2019 section 32(1) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 133(4) repealed 1 April 2019 section 32(2) Section 133(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 133(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 133A: Method of contracting 1: A contract or other enforceable obligation may be entered into by a credit union as follows: a: an obligation that, if entered into by a natural person, would, by law, be required to be by deed may be entered into on behalf of the credit union in writing signed under the name of the credit union by— i: 2 or more officers of the credit union; or ii: if the credit union’s rules so provide, an officer, or other person or class of persons, whose signature or signatures must be witnessed; or iii: 1 or more attorneys appointed by the credit union in accordance with section 133B b: an obligation that, if entered into by a natural person, is, by law, required to be in writing may be entered into on behalf of the credit union in writing by a person acting under the credit union’s express or implied authority: c: an obligation that, if entered into by a natural person, is not, by law, required to be in writing may be entered into on behalf of the credit union in writing or orally by a person acting under the credit union’s express or implied authority. 2: A credit union may, in addition to complying with subsection (1), affix its common seal, if it has one, to the contract or document containing the enforceable obligation. 3: Subsection (1) applies to a contract or other obligation— a: whether or not that contract or obligation was entered into in New Zealand; and b: whether or not the law governing the contract or obligation is the law of New Zealand. Section 133A inserted 1 April 2019 section 33 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 133B: Attorneys 1: A credit union may, by an instrument in writing executed in accordance with section 133A(1)(a) 2: Subsection (1) is subject to the credit union’s rules. 3: An act of the attorney in accordance with the instrument binds the credit union. 4: Sections 19 to 21 a: to the same extent as if the credit union were a natural person; and b: as if the commencement of the liquidation of the credit union or, if there is no liquidation, the removal of the credit union from the register under section 140 Section 133B inserted 1 April 2019 section 33 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 134: Guarantee funds Section 134 repealed 1 April 2019 section 34 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Amalgamations and transfers of engagements Heading inserted 1 April 2019 section 35 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 135: Amalgamation of credit unions and transfer of engagements of 1 credit union to another credit union 1: Two or more credit unions may, by special resolution of each of them, amalgamate as 1 credit union. 2: The amalgamated credit union may continue as— a: one of the amalgamating credit unions; or b: a new credit union. 3: A credit union may, by special resolution, transfer its engagements to any other credit union that, by special resolution or in any other manner that may be authorised by its rules, has undertaken to fulfil the engagements of that credit union. 4: A credit union, other than an association, must not— a: amalgamate with— i: an association; or ii: a body that is not a credit union; or b: transfer its engagements to, or accept a transfer of engagements from,— i: an association; or ii: a body that is not a credit union. 5: An association must not— a: amalgamate with a body that is not an association; or b: transfer its engagements to, or accept a transfer of engagements from, a body that is not an association. Section 135 replaced 1 April 2019 section 35 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 135A: Members of credit union to be given information about proposed amalgamation or transfer of engagements 1: Before a credit union amalgamates, or transfers its engagements, information relating to the terms of the proposed amalgamation or transfer must be given to the credit union’s members by sending to each member, not less than 14 days before the date of the general meeting at which the resolution for the amalgamation or transfer is to be proposed, a notice the contents of which have been approved for the purpose by the Registrar. 2: For the purposes of subsection (1), the information to be given must relate, at the least, to the following: a: the financial position of the credit union and that of the other credit union concerned: b: the interest of the officers of the credit union, and of the officers of the other credit union concerned, in the amalgamation or transfer: c: the compensation or other consideration (if any) proposed to be paid to any officers referred to in paragraph (b): d: the payments (if any) to be made to the members of the credit union, and to the members of the other credit union concerned, in consideration of the amalgamation or transfer. Section 135A inserted 1 April 2019 section 35 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 135B: Secured creditors and public notice Before a credit union amalgamates, transfers its engagements, or accepts a transfer of engagements from another credit union, the credit union must, at or before the prescribed time,— a: send to every secured creditor of the credit union the prescribed information relating to the proposed amalgamation or transfer; and b: give public notice of the proposed amalgamation or transfer in the prescribed manner and containing the prescribed information relating to the proposed amalgamation or transfer. Section 135B inserted 1 April 2019 section 35 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 135C: Registration of special resolutions for amalgamation or transfer of engagements 1: Section 85 2: Further, the Registrar must not register the special resolution unless satisfied that the requirements of section 100B(1)(a) to (f) 146(1)(a) to (d) a: the amalgamated credit union; or b: the credit union to which the transfer of engagements is being made. 3: Once each special resolution relating to an amalgamation, or to a transfer of engagements, has been registered, the Registrar must,— a: in the case of an amalgamation,— i: issue a certificate of amalgamation; and ii: if the amalgamated credit union is one of the amalgamating credit unions, make any necessary changes to that credit union’s registration (for example, registering its new rules); and iii: if the amalgamated credit union is a new credit union, act under section 100B(2) 146(2) section 100B(3) to (5) 146(3) to (5) iv: remove from the register under section 140 b: in the case of a transfer of engagements,— i: issue a certificate of transfer of engagements; and ii: make any necessary changes to the registration of the credit union to which the transfer is being made (for example, registering its new rules); and iii: remove the other credit union from the register under section 140 4: On and after the date set out in the certificate of amalgamation or transfer of engagements,— a: in the case of an amalgamation,— i: the amalgamation is effective in accordance with its terms; and ii: the amalgamated credit union succeeds to all the property, rights, powers, and privileges of each of the amalgamating credit unions; and iii: the amalgamated credit union succeeds to all the liabilities and obligations of each of the amalgamating credit unions; and iv: proceedings pending by, or against, an amalgamating credit union may be continued by, or against, the amalgamated credit union; and v: a conviction, ruling, order, or judgment in favour of, or against, an amalgamating credit union may be enforced by, or against, the amalgamated credit union; or b: in the case of a transfer of engagements,— i: the transfer is effective in accordance with its terms; and ii: the credit union to which the transfer is made succeeds to all the property, rights, powers, and privileges of the other credit union; and iii: the credit union to which the transfer is made succeeds to all the liabilities and obligations of the other credit union; and iv: proceedings pending by, or against, the other credit union may be continued by, or against, the credit union to which the transfer is made; and v: a conviction, ruling, order, or judgment in favour of, or against, the other credit union may be enforced by, or against, the credit union to which the transfer is made. 5: The date set out in the certificate of amalgamation or transfer of engagements must be— a: the date immediately after the date on which it is issued; or b: if later, the date on which the amalgamation or transfer of engagements is to become effective in accordance with its terms. 6: In this Part, non-qualifying member a: in relation to an amalgamated credit union, includes a person who does not fulfil the qualifications for admission to membership of the credit union but became a member of it by virtue of the amalgamation, having been, immediately before the amalgamation became effective, a non-qualifying member of one of the amalgamating credit unions; and b: in relation to a credit union to which there is a transfer of engagements, includes a person who does not fulfil the qualifications for admission to membership of the credit union but became a member of it by virtue of the transfer, having been, immediately before the transfer became effective, a non-qualifying member of the credit union whose engagements are transferred. Section 135C inserted 1 April 2019 section 35 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 135D: Other registers 1: The Registrar-General of Land, the Registrar of Deeds, or any other person charged with keeping any books or registers is not obliged to change the name of a transferor credit union to that of a transferee credit union in those books or registers or in any documents solely because an amalgamation or a transfer of engagements has been effected. 2: The presentation to a Registrar or any other person of a specified instrument is, in the absence of evidence to the contrary, sufficient evidence that the property to which the instrument relates has become the property of the transferee credit union. 3: In subsection (2), a specified instrument a: is executed or purports to be executed by the transferee credit union; and b: relates to any property held immediately before the amalgamation or transfer of engagements by a transferor credit union; and c: states that the property has become the property of the transferee credit union by virtue of section 135C(4) 4: Subsection (5) applies if— a: any financial products issued by a person ( A A section 135C(4) b: a certificate signed on behalf of the committee of management of the transferee credit union is presented to A, stating that those products, rights, or interests have by virtue of section 135C(4) 5: Despite subsections (1) and (2) and any other enactment or rule of law, A, on presentation of the certificate, must register the transferee credit union as the holder of the financial products or as the person entitled to the rights or interests. 6: Except as provided in this section, nothing in sections 135 to 135C Land Transfer Act 1952 Land Transfer Act 2017 7: In this section,— transferee credit union a: in relation to an amalgamation, means the amalgamated credit union: b: in relation to a transfer of engagements, means the credit union to which the transfer is made transferor credit union a: in relation to an amalgamation, means an amalgamating credit union: b: in relation to a transfer of engagements, means the credit union from which the transfer is made. Section 135D inserted 1 April 2019 section 35 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 135E: Powers of court in relation to proposed amalgamation or transfer of engagements 1: This section applies if a creditor of a relevant credit union, or any other person to whom a relevant credit union is under an obligation, believes that the creditor or other person would be unfairly prejudiced by a proposed amalgamation or transfer of engagements. 2: The creditor or other person may apply to the District Court for an order under subsection (3). 3: The court may, if it is satisfied that the creditor or other person would be unfairly prejudiced by the proposed amalgamation or transfer of engagements, make any order the court thinks fit in relation to the proposal, including— a: directing that effect must not be given to the proposal: b: modifying the proposal in any manner specified in the order: c: directing the relevant credit union or its committee of management to reconsider the proposal or any part of it. 4: An order may be made under subsection (3) on the conditions that the court thinks fit. 5: In this section, relevant credit union a: in relation to a proposed amalgamation, an amalgamating credit union: b: in relation to a proposed transfer of engagements, the credit union making the transfer or the credit union to which the transfer would be made. Section 135E inserted 1 April 2019 section 35 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 136: Registrar may approve amalgamations or transfers of engagements of credit unions 1: If, after notice has been given of a general meeting at which it is proposed to put a special resolution amalgamating or transferring the engagements of the credit union pursuant to section 135 2: Notice of every such application shall be published by the credit union in the Gazette 3: Objections in writing may be made to the Registrar, and for this purpose the objection provisions of section 85 Section 136(1) amended 1 April 2019 section 36 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Inspection, liquidation, suspension of business, removal from register, and restoration to register Heading substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 Heading amended 1 April 2019 section 37 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 137: Registrar may appoint inspectors or call special meeting Section 89 Part 2 Credit Unions Act 1979 s 18 (UK) 137A: Members may resolve to put credit union into liquidation 1: A credit union may be put into liquidation by the appointment of a liquidator by the credit union’s members. 2: The liquidator must be appointed by a special resolution. 3: Part 16 section 241(2)(a) Section 137A inserted 1 April 2019 section 38 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 138: High Court may 1: On an application under this section a: the credit union is unable to pay its debts; or aa: the credit union has not commenced operations within 1 year of incorporation or has suspended its operations for more than 6 months; or ab: incorporation has been obtained for the credit union by fraud or mistake; or ac: the credit union exists for an illegal purpose; or ad: the requirement about membership in section 100B(1)(a) b: there has been, in relation to that credit union, failure to comply with any provision of, or any direction given under, this Act; or c: there is no longer a common bond between the members of the credit union; or d: the liquidation of the credit union is in the public interest or is just and equitable having regard to the interests of all members of the credit union. 2: An application under this section may be made by any of the following: a: the credit union: b: a member of the credit union: c: a creditor of the credit union: d: the Registrar. 3: Part 16 a: to an application under this section as if the application were an application under section 241(2)(c) b: to the liquidation as if the liquidator had been appointed under section 241(2)(c) Section 138 substituted 22 November 2006 section 10 Friendly Societies and Credit Unions Amendment Act 2006 Section 138 heading amended 1 April 2019 section 39(1) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 138(1) amended 1 April 2019 section 39(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 138(1) amended 1 April 2019 section 39(3) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 138(1)(a) replaced 1 April 2019 section 39(4) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 138(1)(aa) inserted 1 April 2019 section 39(4) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 138(1)(ab) inserted 1 April 2019 section 39(4) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 138(1)(ac) inserted 1 April 2019 section 39(4) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 138(1)(ad) inserted 1 April 2019 section 39(4) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 138(2) inserted 1 April 2019 section 39(5) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 138(3) inserted 1 April 2019 section 39(5) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 138A: COVID-19 business debt hibernation may apply 2022-06-01 Friendly Societies and Credit Unions Act 1982 Section 138A repealed 31 May 2022 138A: Transitional provisions applying to liquidation of credit unions Section 138A repealed 5 December 2013 section 14 Companies Amendment Act 2013 139: Registrar may suspend business of credit union 1: Subject to this section, where the Registrar is satisfied that, having regard to the interests of all the members of the credit union or in the interests of potential members of the credit union it is expedient to do so, he may give a direction prohibiting the credit union to such extent and subject to such conditions as may be specified in the direction from carrying on all or any of the following activities: a: borrowing money: b: accepting a payment representing the whole or any part of an amount due by way of subscription for a share in the credit union other than a payment which fell due before the making of the order: c: lending money: d: repaying share capital: e: accepting new members. 2: Not less than 1 month before giving a direction under subsection (1), the Registrar shall give the credit union notice in writing that he proposes to give such a direction, and shall set out in the notice his reasons for doing so. 3: The Registrar shall consider any representations with respect to a notice under subsection (2) which may be made to him by the credit union within such period (being not less than 1 month) as he may allow from the date on which the credit union is given the notice or such further period as he may allow; and, if the credit union so requests, shall afford it an opportunity of being heard by him within that period or further period. 4: Where the Registrar gives a direction under subsection (1) he shall give the credit union notice in writing of it setting out his reasons for doing so; but he shall not give such a direction under the said subsection (1) unless all the reasons set out were those, or were among those, which were set out in the notice given to the credit union under subsection (2). 5: Notice of the giving of a direction under subsection (1) shall be published by the Registrar in the Gazette 6: Nothing in any direction given under this section shall make it unlawful for a credit union to borrow from a bank 7: For the purposes of this section and of any direction given under it, if any indebtedness of a member to a credit union is set off to any extent against the share capital credited to him, then, to that extent, the setting off shall be treated as a repayment of that share capital. 8: A direction given under this section may be revoked by the Registrar, and notice of the revocation shall be published in the same manner as notice of the giving of the direction. 9: Where a direction under this section is revoked, any obligation of any person to make a payment to the credit union which fell due at a time when the credit union was prohibited by the direction from accepting it shall be suspended for a period equal to the period for which the prohibition was in force. 10: Subject to subsection (9), any obligation to make to a credit union a payment which the credit union is prohibited from accepting by a direction under this section shall be wholly rescinded. 11: A credit union may, within 1 month after the date of publication of a direction in the Gazette Credit Unions Act 1979 s 19 (UK) Section 139(6) amended 1 April 2019 section 40 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 140: Removal from register 1: A credit union is removed from the register when the Registrar, acting under subsection (2), registers a notice issued by the Registrar stating that the credit union is removed from the register. 2: The Registrar may remove a credit union from the register— a: in accordance with section 135C(3)(a)(iv) or (b)(iii) b: if a request that the credit union be removed from the register on a ground specified in subsection (3) is given to the Registrar in accordance with the credit union’s rules; or c: if the credit union has been put into liquidation, and— i: no liquidator is acting; or ii: the documents referred to in section 257(1)(a) section 137A 138 d: if a liquidator sends or delivers to the Registrar— i: the documents referred to in section 257(1)(a) section 137A 138 ii: a copy of the notice referred to in section 140A(1)(a) 3: A request may be made on the grounds— a: that the credit union has ceased to operate, has discharged in full its liabilities to all its known creditors, and has distributed its remaining assets to those persons entitled to them or otherwise in accordance with its rules; or b: that the credit union has no assets remaining after paying its debts in full or in part, and no creditor has applied to the High Court under section 138 4: A request must be made in the prescribed manner (if any). Section 140 replaced 1 April 2019 section 41 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 140A: Notice of intention to remove from register 1: The Registrar may remove a credit union from the register under section 140(2)(b) to (d) a: the Registrar is satisfied that notice of the intention to remove the credit union from the register has been given in the prescribed manner to the public and all other prescribed persons (if any); and b: the Registrar— i: is satisfied that no person has objected to the removal under section 140B ii: if an objection to the removal has been received, has complied with sections 140C 140D 2: The notice under subsection (1)(a) must specify the date by which an objection to the removal under section 140B Section 140A inserted 1 April 2019 section 41 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 140B: Objection to removal from register 1: If a notice is given under section 140A(1)(a) a: that the credit union is still operating or there is other reason for it to continue in existence: b: that the credit union is a party to a legal proceeding: c: that the credit union is in receivership or liquidation, or both: d: that the person is a creditor, or another person, who has an undischarged claim against the credit union: e: that, for any other reason, it would not be just and equitable to remove the credit union from the register. 2: Section 321(2) Section 140B inserted 1 April 2019 section 41 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 140C: Objections under section 140B(1)(a), (b), or (c) If an objection is made under section 140B(1)(a), (b), or (c) a: the objection has been withdrawn; or b: any facts on which the objection is based are not, or are no longer, correct; or c: the objection is frivolous or vexatious. Section 140C inserted 1 April 2019 section 41 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 140D: Objections under section 140B(1)(d) or (e) 1: If an objection is made under section 140B(1)(d) or (e) 2: In this section, specified application section 138 140F 3: The Registrar may proceed with the removal if— a: notice of a specified application is not served on the Registrar; or b: the specified application is withdrawn; or c: on the hearing of the specified application, the court refuses to grant either an order putting the credit union into liquidation or an order that the credit union not be removed from the register. 4: Every person who makes a specified application must give the Registrar notice in writing of the decision of the court within 5 working days after the decision is given. Section 140D inserted 1 April 2019 section 41 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 140E: Registrar must send information to person who requests removal The Registrar must send the following to a person who delivered a request under section 140(2)(b) a: a copy of an objection under section 140B b: a copy of a notice given by or to the Registrar under section 140D c: if the credit union is removed from the register, notice of the removal. Section 140E inserted 1 April 2019 section 41 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 140F: High Court may order that credit union not be removed 1: A person who gives a notice objecting to the removal of a credit union from the register on a ground specified in section 140B(1)(d) or (e) 2: The court may, if it is satisfied that the credit union should not be removed from the register on any of the grounds in section 140B(1) Section 140F inserted 1 April 2019 section 41 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 140G: Liability of officers, members, and others to continue The removal of a credit union from the register does not affect the liability of any former officer or member of the credit union or any other person in respect of any act or omission that took place before the credit union was removed from the register, and that liability continues and may be enforced as if the credit union had not been removed from the register. Section 140G inserted 1 April 2019 section 41 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 140H: Restoration of credit union to register 1: A credit union is restored to the register when the Registrar, acting under section 140I section 140K 2: A credit union that is restored to the register must be treated as having continued in existence as if it had not been removed from the register. Section 140H inserted 1 April 2019 section 41 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 140I: Registrar may restore credit union to register 1: The Registrar must, on an application made in the prescribed manner, and may, on the Registrar’s own motion, restore a credit union to the register if the Registrar is satisfied that, at the time the credit union was removed from the register,— a: the credit union was still operating or another reason existed for the credit union to continue in existence; or b: the credit union was a party to a legal proceeding; or c: the credit union was in receivership or liquidation, or both. 2: This section does not limit section 140K Section 140I inserted 1 April 2019 section 41 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 140J: Notice of proposed restoration 1: Before the Registrar restores a credit union to the register under section 140I 2: The notice under subsection (1) must specify the date by which an objection to the restoration may be delivered to the Registrar, which must be no less than the prescribed number of working days after the date of the notice. 3: The Registrar must not restore a credit union to the register under section 140I Section 140J inserted 1 April 2019 section 41 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 140K: High Court may order restoration of credit union 1: The High Court may, on the application of a person referred to in subsection (2), order that a credit union be restored to the register if it is satisfied that,— a: at the time the credit union was removed from the register,— i: the credit union was still operating or another reason existed for the credit union to continue in existence; or ii: the credit union was a party to a legal proceeding; or iii: the credit union was in receivership or liquidation, or both; or iv: the applicant was a creditor, or another person, who had an undischarged claim against the credit union; or b: for any other reason it is just and equitable to restore the credit union to the register. 2: The following persons may make an application: a: any person who is prescribed for the purposes of this subsection: b: the Registrar: c: with the leave of the court, any other person. Section 140K inserted 1 April 2019 section 41 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 140L: Registrar or High Court may require provisions of this Act to be complied with The Registrar or the High Court may, before restoring a credit union to the register under section 140I section 140K Section 140L inserted 1 April 2019 section 41 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 140M: Other High Court orders 1: This section applies if a credit union is restored to the register under section 140I section 140K 2: The High Court may, on the application of the Registrar or the applicant for restoration or on its own motion, give any directions or make any orders that may be necessary or desirable for the purpose of placing the credit union and any other persons as nearly as possible in the same position as if the credit union had not been removed from the register. 3: However, a direction or an order may not require the return to the credit union of any assets that have been properly transferred in accordance with any provision of the credit union’s rules that falls within item 17 of Schedule 4 Section 140M inserted 1 April 2019 section 41 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 141: Liability of members on winding up Where a credit union is wound up pursuant to section 137A 138 a: no person who ceased to be a member not less than 1 year before the beginning of the winding up shall be liable to contribute: b: no person shall be liable to contribute in respect of any debt or liability contracted after he ceased to be a member: c: no person who is not a member shall be liable to contribute unless it appears to the court that the contributions of the existing members are insufficient to satisfy the just demands on the credit union: d: no contribution shall be required from any person exceeding the amount, if any, unpaid on the shares and the credit union securities referred to in section 107A e: in the case of a withdrawable share which has been withdrawn, a person shall be taken to have ceased to be a member in respect of that share as from the date of the notice or application for withdrawal. Section 141 amended 1 April 2019 section 42(1) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 141 amended 1 April 2019 section 42(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 141(d) amended 31 August 2012 section 16 Friendly Societies and Credit Unions Amendment Act 2012 Nomination of shares 142: Nomination of shares in credit union 1: Notwithstanding that, pursuant to section 107(2) 2: For the purposes of subsection (1), sections 43 44 45 a: the references to societies were references to credit unions; and b: the references to the maximum amount nominated of $2,000 were references to the maximum value of shares or sum of money nominated as being $2,000 in total. 3: If the transfer of any shares comprised in a nomination in the manner directed by the nominator would raise the share capital of any nominee beyond the maximum for the time being permitted in the case of that credit union, the committee of the credit union shall not transfer to that nominee more of those shares than will raise his share capital to that maximum and shall pay him the value of any of those shares not transferred. Industrial and Provident Societies Act 1965 s 24 (UK) Associations of credit unions 143: Associations of credit unions may be incorporated under this Part 1: 2: Any 2 or more credit unions may apply to the Registrar in accordance with section 145 3: The objects of the association must be, or fall within, the objects set out in subsection (4). 4: The objects referred to in subsection (3) are as follows: a: to promote the interests of the association’s members: b: as authorised by the association’s rules,— i: to provide its members or other persons with products or services: ii: otherwise to carry out activities for the benefit or assistance of its members or other persons. Section 143 heading amended 1 April 2019 section 43(1) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 143(1) repealed 1 April 2019 section 43(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 143(2) replaced 1 April 2019 section 43(3) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 143(3) replaced 1 April 2019 section 43(3) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 143(4) replaced 1 April 2019 section 43(3) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 144: Membership of association 1: The members of an association shall be the credit unions by which the association is formed and any other credit unions that are admitted to membership of the association in accordance with its rules. 2: Where an association is formed by the amalgamation of 2 or more associations, the members of the association formed by the amalgamation shall be the members of the amalgamating associations and other members that are admitted in accordance with the rules of the association formed by the amalgamation. 145: Application for incorporation 1: An application under section 143(2) 2: The application must include— a: a copy of the association’s proposed rules; and b: a list of the names, addresses, and designations of the officers proposed for the association. 3: Except where otherwise authorised in writing by the Registrar in the circumstances of any case, the name of every association of credit unions shall contain the words association of credit unions 4: Section 145 heading amended 1 April 2019 section 44(1) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 145(1) replaced 1 April 2019 section 44(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 145(2) replaced 1 April 2019 section 44(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 145(4) repealed 1 April 2019 section 44(3) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 146: Incorporation of association 1: Subsection (2) applies if an application is made under section 143(2) a: that the association will have at least 2 members; and b: that the rules as submitted are not contrary to the provisions of this Act and may be reasonably approved by the Registrar; and c: that there are reasonable grounds for believing that the association will be able to carry out its objects successfully; and d: that there is no reasonable cause why the association should not be incorporated. 2: The Registrar must— a: register the association’s name; and b: issue a certificate of incorporation; and c: register the association’s rules (together with any other documents or information relating to the association that the Registrar thinks appropriate). 3: The association is, on and after the date of incorporation set out in the certificate of incorporation, a body corporate that has— a: perpetual succession; and b: the capacity, rights, powers, and privileges provided for in section 107B 4: The association continues in existence until it is removed from the register under section 140 5: The certificate of incorporation is conclusive evidence that— a: all the requirements of this Part as to incorporation have been complied with; and b: on and after the date of incorporation set out in the certificate, the association is registered and incorporated under this Part. 6: If the Registrar refuses to act under subsection (2) in relation to an application, the applicants may, within 3 months after the date on which they are notified of the refusal, appeal against the refusal to the High Court. 7: If the refusal is overruled on appeal, then, subject to such terms and conditions as the court may impose or otherwise in pursuance of the court order, the Registrar must act under subsection (2) as soon as practicable. 8: Sections 98 to 102 103(1) 106(1) to (6) 106B(6) 107 107A 138(1)(c) 142 9: Section 103(3) section 145(3) 10: If an association has only 2 members, section 106B(4) Section 146 replaced 1 April 2019 section 45 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 4: Miscellaneous provisions 147: Changes of name 1: Subject to this Act, a registered society or branch or credit union may, by ordinary resolution, change its name with the approval in writing of the Registrar. 2: No change of name shall affect any right, duty, or obligation of the society, branch, or credit union, or of any member or officer thereof. 1909 No 12 s 61 147A: Meetings may be held using audio, audio and visual, or electronic communication The rules of a registered society or branch or of a credit union may (without limitation) provide for meetings to be held using audio, audio and visual, or electronic communication. Section 147A inserted 30 May 2017 section 106 Regulatory Systems (Commercial Matters) Amendment Act 2017 147B: Postal, electronic, and proxy voting 1: This section applies to any matter that is to be determined by a vote of members of a registered society or branch or of a credit union. 2: The rules of the registered society or branch or of the credit union— a: may (without limitation) permit voting in 1 or more of the following ways: i: by post: ii: by electronic means (for example, by email or by the use of an Internet site): iii: by proxy; and b: must set out the procedures to be followed in relation to any voting permitted under paragraph (a). 3: Rules under this section that permit voting by post or electronic means may permit or require votes cast by post or electronic means to be cast in advance of any meeting at which the matter in question is to be determined. 4: Subsection (3) applies despite any enactment (for example, sections 64(3) 65(1)(a) 82(1) Section 147B inserted 30 May 2017 section 106 Regulatory Systems (Commercial Matters) Amendment Act 2017 148: Exemptions from Customs duty No Customs duties shall be chargeable on regalia, emblems, certificates, almanacs, and banners being the property of any registered society or branch. 1909 No 12 s 98(2) 149: Recovery of costs, etc, awarded by Registrar Any costs or expenses ordered or directed by the Registrar to be paid by any person under this Act shall be recoverable as a debt in any court of competent jurisdiction by the person to whom they are payable. 1909 No 12 s 100 150: Certain persons prohibited from managing societies or credit unions 1: Any person who, being an undischarged bankrupt or bound by a composition in favour of his creditors, acts as a committee member or trustee of, or directly or indirectly takes part in or is concerned in the management of, a registered society or branch or credit union or in any business or activity undertaken by such society, branch, or credit union except with the leave of the High Court shall be guilty of an offence against this Act and shall be liable, on 2: Any person who has been convicted of an offence involving fraud or dishonesty and is liable on conviction with imprisonment for a term of 3 months or more and who, within a period of 5 years after his conviction, or if he is sentenced to imprisonment, after his release from prison, without the leave of the High Court is a committee member or trustee or promoter of, or is, whether directly or indirectly, concerned or takes part in the management of, a registered society or branch or credit union or in any business or activity undertaken by such society, branch, or credit union, he shall be guilty of an offence against this Act and shall be liable on 3: A person intending to apply for the leave of the court under this section shall give to the Registrar not less than 10 days' notice of his intention so to apply. 4: On the hearing of any application under this section, the Registrar may appear or be represented at the hearing of, and may oppose the granting of, the application. 5: Nothing in this section shall apply in respect of any person who, as at the commencement of this Act, acts as a committee member or trustee of, or directly or indirectly takes part in or is concerned in the management of a registered society or branch or credit union or in any business or activity undertaken by such society, branch, or credit union, and who, but for this subsection, would be guilty of an offence against this Act. Friendly Societies Act 1912 s 93A (NSW) Section 150(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 150(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 151: Appeals 1: Except where this Act otherwise provides— a: where this Act provides for an appeal to the High Court; or b: where any person is aggrieved by the decision of the Registrar in relation to any matter or thing done by him pursuant to this Act,— the person for whom the appeal is provided or the person aggrieved shall have a right of appeal to the High Court under this section. 2: Except where otherwise provided by this Act, every such appeal shall be brought within 1 month after the date on which the appellant was notified of the decision appealed against, or within such further period as the court may allow. 3: Where a decision of the Registrar under Part 2 a: where notice of an appeal against that decision has been given within the period specified in subsection (2), the appeal is determined; or b: where no notice of an appeal against that decision has been given within that period, that period expires. 4: The court may receive in evidence any statement, document, information, or matter that may in its opinion assist it to deal effectually with the matters before it, whether or not that evidence would be otherwise admissible in a court of law. 5: In its determination of any appeal the court may confirm, modify, or reverse the decision appealed against, or any part of that decision, and, subject to subsection (6), the decision of the court shall be final and conclusive. 6: The court may in any case, instead of determining any appeal, direct the Registrar to reconsider, either generally or in respect of any specified matters, the whole or any specified part of the matter to which the appeal relates. 7: In giving any such direction, the court shall— a: advise the Registrar of its reasons for doing so; and b: give to the Registrar such directions as it thinks just as to the reconsideration or otherwise of the whole or any part of the matter that is referred back for reconsideration. 8: The Registrar shall, in reconsidering any matter so referred back to him, have regard to the court's reasons for giving a direction and to the court's directions under subsection (7). 1909 No 12 s 102 Section 151(3) amended 1 April 2019 section 46 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 152: Regulations 1: The Governor-General may, from time to time by Order in Council, make regulations for all or any of the following purposes: a: prescribing fees payable in relation to any matter under this Act: b: prescribing the proper allowances to be made by a credit union for contingent liability for loss in respect of any loan made by that credit union: c: prescribing, in respect of any fund or funds held, arranged, or established by any registered society or branch undertaking insurance or by an association of credit unions, the amount or proportion of any such fund to be invested in New Zealand Government securities or local authority securities: ca: prescribing matters as referred to in section 135B 140(4) 140A(1)(a) or (2) 140I(1) 140J(1) or (2) 140K(2)(a) d: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration. 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 152(1)(ca) inserted 1 April 2019 section 47 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 152(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 152A: Validation of fees used to recover costs of other Companies Office registers, etc 1: This section applies to a fee— a: that— i: is or was payable or purportedly payable on or before 30 June 2022 under any of the Acts listed in subsection (4) or any regulations made under any of those Acts; and ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of the Registrar in operating 1 or more registers under this Act or in exercising or performing any other powers, functions, and duties of the Registrar under this Act or any regulations made under this Act; or b: that— i: is or was payable or purportedly payable on or before 30 June 2022 under this Act or any regulations made under this Act; and ii: was (or is or will be) used in whole or in part to recover the costs or a share of the costs of 1 or more registers operated under any of the Acts listed in subsection (5) or in exercising or performing the powers, functions, and duties of a Registrar under any of those Acts or any regulations made under any of those Acts. 2: The fee is and always has been validly imposed. 3: Money received by the Registrar of any register maintained by the Companies Office in payment of the fee— a: is and always has been lawfully collected and applied; and b: may continue to be applied on and after 1 July 2022 to recover costs referred to in subsection (1)(a)(ii) and (b)(ii). 4: The Acts are— a: the Auditor Regulation Act 2011 b: the Building Societies Act 1965 c: the Companies Act 1993 d: the Financial Markets Conduct Act 2013 e: the Financial Reporting Act 1993 f: the Financial Service Providers (Registration and Dispute Resolution) Act 2008 g: the Incorporated Societies Act 1908 h: the Insolvency Practitioners Regulation Act 2019 i: the Limited Partnerships Act 2008 j: the Personal Property Securities Act 1999 k: the Retirement Villages Act 2003 l: the Securities Act 1978 5: The Acts are— a: the Auditor Regulation Act 2011 b: the Building Societies Act 1965 c: the Charitable Trusts Act 1957 d: the Companies Act 1993 e: the Financial Markets Conduct Act 2013 f: the Financial Reporting Act 1993 g: the Financial Reporting Act 2013 h: the Financial Service Providers (Registration and Dispute Resolution) Act 2008 i: the Incorporated Societies Act 1908 j: the Incorporated Societies Act 2022 k: the Industrial and Provident Societies Act 1908 l: the Insolvency Practitioners Regulation Act 2019 m: the Limited Partnerships Act 2008 n: the New Zealand Business Number Act 2016 o: the Personal Property Securities Act 1999 p: the Retirement Villages Act 2003 q: the Securities Act 1978 6: In this section,— Companies Office a: the former Department of Justice: b: the former Ministry of Commerce: c: the former Ministry of Economic Development: d: the Ministry of Business, Innovation, and Employment fee a: includes any penalty or overdue fee imposed, or interest charged, in relation to an unpaid or overdue fee; and b: in relation to the Insolvency Practitioners Regulation Act 2019 section 81 Section 152A inserted 25 May 2022 section 15 Companies Office Registers Funding Validation Act 2022 153: Offences and penalties 1: Every registered society or branch or credit union, or officer or member thereof, commits an offence against this Act who— a: without reasonable excuse, acts in contravention of or fails to comply in any respect with any provision of this Act or any notice, direction, restriction, requirement, or condition given, made or imposed under this Act or any regulations made under it: b: with intent to deceive, makes any false or misleading statement or any material omission in any communication or application or return for the purposes of this Act or of any regulations made under it. 2: Every person commits an offence against this Act who— a: without reasonable excuse where a dispute is referred under this Act to the Registrar, that person refuses to attend, or to produce any accounting records or documents, or to give evidence before the Registrar: b: with intent to deceive, makes, or orders or allows to be made, any false entry or erasure in or omission from any accounting records or documents of a registered society or branch or credit union. 3: Every default under this Act constituting an offence shall constitute a new offence in every week during which the default continues. 4: Every person who commits an offence against this Act for which no other penalty is prescribed in this Act shall be liable on 5: Despite anything to the contrary in section 25 Section 153(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 153(5) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 154: Recovery of fines, etc, imposed on society or branch When a fine has been imposed upon a registered society or branch or branch or branch or branch or branch 1909 No 12 s 88 Section 154 heading amended 1 April 2019 section 48(1) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 154 amended 1 April 2019 section 48(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 154 amended 1 April 2019 section 48(3) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 154 amended 1 July 2013 section 413 Criminal Procedure Act 2011 155: Status of trustees and officers for purposes of Crimes Act 1961 1: The trustees of a registered society or branch section 229 2: 1909 No 12 ss 79, 80 Section 155(1) amended 1 April 2019 section 49 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 155(1) amended 1 October 2003 section 34 Crimes Amendment Act 2003 Section 155(2) repealed 1 October 2003 section 34 Crimes Amendment Act 2003 156: Liability of officers and of members of committee on commission of offence Where a registered society or branch 1909 No 12 s 82 Section 156 amended 1 April 2019 section 50 Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 157: Institution of legal proceedings by or against society or branch 1: The trustees of a registered society or branch 2: In legal proceedings brought under this Act by a member, or person claiming through a member, a registered society or branch 3: No legal proceeding shall abate or be discontinued by the death, resignation, or removal from office of any officer, or by any act of any such officer, after the commencement of the proceedings. 4: Any summons, writ, process, or other proceeding to be issued to or against the officer or other person sued on behalf of a registered society or branch 5: Where the said summons, writ, process, or other proceeding is not served by means of such personal service, or by leaving a true copy at the registered office of the society or branch 6: Where the person against whom the proceedings are to be taken is himself a trustee of a society or branch 1909 No 12 s 92 Section 157 heading amended 1 April 2019 section 51(1) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 157(1) amended 1 April 2019 section 51(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 157(2) amended 1 April 2019 section 51(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 157(2) amended 1 April 2019 section 51(3) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 157(4) amended 1 April 2019 section 51(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 157(5) amended 1 April 2019 section 51(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 157(6) amended 1 April 2019 section 51(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 158: Proof of documents 1: Every instrument or document purporting to be sealed with the seal of the Registrar shall be received in evidence without further proof. 2: Every instrument or document purporting to be signed by the Registrar, or the revising barrister, 3: Every instrument or document required by this Act to be sent to the Registrar may be proved by a document purporting to be a copy thereof under the seal of the Registrar. 1909 No 12 s 93 Section 158(2) amended 1 May 2011 section 82 Financial Markets Authority Act 2011 159: Fines imposed under rules recoverable as a debt All fines imposed on a member by a registered society or branch pursuant to its rules shall be recoverable in the same manner as a debt owing to that society or branch by that member. 1922 No 56 s 6 160: Savings and transitional provisions 1: Any society or branch existing at the commencement of this Act and registered or deemed to be registered under the Friendly Societies Act 1909 Part 2 2: Any society or branch registered or deemed to be registered under the Friendly Societies Act 1909 Part 3 a: comply with all financial limits imposed in respect of credit unions on and from the day of commencement of this Act in relation to any new business entered into on and after that day; and b: comply with the provisions of section 133 c: in relation to any interest in land held in contravention of section 113 d: comply with any other relevant provisions of this Act within 2 years after its commencement or within such further period as the Registrar may allow in a particular case. 3: Every society or body of persons which, as at the commencement of this Act, is a credit union but which is registered or incorporated under any other enactment, shall, within 2 years after the commencement of this Act, apply for registration as a credit union under this Act. 4: Notwithstanding anything to the contrary in this section, any society or body of persons registered under the Friendly Societies Act 1909 5: Notwithstanding the revocation of the Friendly Societies Regulations 1910 by section 161(3) 6: Where, in respect of any society, branch, or credit union, subsection (1) or, as the case may be, subsection (2)(d) or subsection (3) would (except for this subsection) apply, the Minister may, if he is satisfied that it would be inequitable or too difficult or too expensive for that society, branch, or credit union to comply fully with the provisions of this Act, exempt the relevant body from compliance with such provisions of this Act as he may specify by notice in the Gazette 7: Any notice given under subsection (6) may be subject to such conditions as the Minister thinks fit, and may be reviewed from time to time on the application of the Registrar or of the society, branch, or credit union to which it relates, and in like manner may be amended or revoked. 161: Amendments, repeals, and revocations 1: The enactments specified in Schedule 6 2: The enactments specified in Schedule 7 3: The following Orders in Council are hereby revoked: a: the Order in Council made on 16 May 1911 authorising a special purpose under section 11(1)(d) of the Friendly Societies Act 1909 Gazette b: the Friendly Societies (Financial Limits) Order 1979 4: The following regulations are hereby revoked: a: regulations under the Friendly Societies Act 1909 Gazette b: regulations amending those regulations made on 2 June 1919 and published in the Gazette

DLM291039

1955

Housing Act 1955

1: Short title This Act may be cited as the Housing Act 1955. 2: Interpretation 1: In this Act, unless the context otherwise requires,— acquisition acquire Public Works Act 1981 district dwelling Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Act 2019 local authority Local Government Act 2002 Minister Ministry owner section 25 section 16 section 17 pipeline State housing land Part 1 of the Housing Act 1919 State housing purposes a: as sites for dwellings and ancillary commercial buildings: b: for schemes of development and subdivision into sites for dwellings: c: for motorways, roads, streets, access ways, service lanes, reserves, pumping stations, drainage and water works, river and flood protection works, and other works upon or for the benefit of the land so acquired or the occupiers thereof. Reference to any motorway, road, street, access way, or service lane shall be deemed to include every carriage way, cycle track, bridge, culvert, kerb, drain, channel, footway, crossing, fence, barricade, entrance thereto, exit therefrom, or other thing belonging thereto, or lying upon the line or within the limits of the land having that status. 2: While an agreement for sale under section 16 1919 No 32 s 2 1940 No 14 s 2 1953 No 115 s 14 Section 2(1) acquisition acquire amended 1 February 1982 section 248(1) Public Works Act 1981 Section 2(1) Board repealed 19 October 1965 section 45(2) State Advances Corporation Act 1965 Section 2(1) Corporation repealed 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) district inserted 1 April 1980 section 8(3) Local Government Amendment Act 1979 Section 2(1) Kāinga Ora–Homes and Communities inserted 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 2(1) local authority replaced 1 July 2003 section 262 Local Government Act 2002 Section 2(1) Ministry inserted 25 February 2016 section 4 Housing Amendment Act 2016 2A: Minister may exclusively administer land declared subject to this section 1: The Minister may, after notifying Kāinga Ora–Homes and Communities Gazette section 2A land 2: The effect of a declaration is that the Minister, to the exclusion of Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities 3: However, sections 32 to 34 4: Kāinga Ora–Homes and Communities 5: A declaration made under subsection (1) is a disallowable instrument but not a legislative instrument for the purposes of the Legislation Act 2012 section 41 6: All amounts payable to the Crown in respect of section 2A land (including all amounts that, if this Act had not been passed, would have been payable into the Housing Account (if any)) must be paid to a Crown Bank Account. 7: The Ministry must include in its annual report under section 43 Section 2A inserted 25 February 2016 section 5 Housing Amendment Act 2016 Section 2A(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 2A(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 2A(4) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 1: State houses 3: Powers of Minister in relation to State housing The Minister may from time to time determine either generally or in any particular case what land or classes of land may be acquired for State housing purposes and the general scheme of development thereof, the number and classes of dwellings and ancillary commercial buildings to be constructed, and any other matters of State housing policy. 3A: Relationship to Resource Management Act 1991 Nothing in this Part shall derogate from any of the provisions of the Resource Management Act 1991 Section 3A inserted 1 October 1991 section 362 Resource Management Act 1991 4: Crown land may be set apart for State housing purposes 1: The Minister of Lands may from time to time, by notice in the Gazette Land Act 1948 2: All land which immediately before the commencement of this Act was held or set apart for the purposes of Part 1 of the Housing Act 1919 shall be deemed to be State housing land at the commencement of this Act. 1919 No 32 s 9 5: Power to take land for State housing purposes The Governor-General may take under the Public Works Act 1981 provided that no Maori land shall be taken for State housing purposes without the consent of the Minister of Maori Affairs. 1936 No 58 s 32 Section 5 amended 1 February 1982 section 248(1) Public Works Act 1981 6: Power to purchase land, dwellings, etc, for State housing purposes 1: There may from time to time be purchased or taken on lease, out of money appropriated by Parliament for the purpose or (subject to any direction of the Minister) out of money received by Kāinga Ora–Homes and Communities subsection (1) of section 32 2: Any lease which is taken as aforesaid may be for such term of years, at such rent, and on such terms and conditions as to payment of rent, renewals, compensation for improvements, purchase of outstanding interests of the lessor, and other matters, as may be determined by the Minister or by Kāinga Ora–Homes and Communities 1919 No 32 s 10 1920 No 49 s 2 1943 No 3 s 2(4) Section 6(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 6(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 7: Land, etc, to be acquired in name of Crown All land, dwellings, buildings, and chattels acquired as aforesaid for State housing purposes shall be acquired in the name and on behalf of the Crown. 1936 No 12 s 21 8: Development of State housing land The cost of doing all or any of the following may be paid or contributed to out of money appropriated by Parliament for the purpose, namely: a: surveying and subdividing any State housing land: b: developing any State housing land as sites for all types of buildings which are desirable for the general residential development of the area: c: laying out and constructing works upon or for the benefit of any State housing land or the occupiers thereof, including motorways, roads, streets, access ways, service lanes, reserves, pumping stations, drainage and water works, and river and flood protection works. 9: Power to erect and repair dwellings 1: The Minister, from time to time out of money appropriated by Parliament for the purpose, may cause dwellings and ancillary commercial buildings to be erected for State housing purposes on any State housing land, and may cause any dwelling or building on any such land to be demolished or rebuilt. 2: The Minister or Kāinga Ora–Homes and Communities 1919 No 32 s 11 1943 No 3 s 2(4) Section 9(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 10: Access ways and service lanes Section 10 repealed 1 October 1991 section 362 Resource Management Act 1991 11: Vesting of roads, streets, etc 1: The Governor-General may, by Order in Council published in the Gazette 2: Subject to the Resource Management Act 1991 Public Works Act 1981 Local Government Act 1974 section 16 section 17 Section 11 replaced 1 April 1980 section 8(3) Local Government Amendment Act 1979 Section 11(2) amended 1 October 1991 section 362 Resource Management Act 1991 Section 11(2) amended 1 February 1982 section 248(1) Public Works Act 1981 12: Building line restrictions Section 12 repealed 1 October 1991 section 362 Resource Management Act 1991 13: Procedure for declaring certain drains to be public drains, and for setting apart State housing land as a reserve 1: 2: Amendment(s) incorporated in the Act(s) Section 13(1) repealed 1 April 1980 section 9(1) Local Government Amendment Act 1979 14: Power to hold and dispose of shares in company formed to erect flats Kāinga Ora–Homes and Communities Section 14 amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Disposal of State housing land 15: Disposal of State housing land by sale or lease 1: Subject as hereafter provided in this Act, any State housing land and any buildings or chattels held for State housing purposes may be disposed of by way of sale, lease, or tenancy by Kāinga Ora–Homes and Communities 2: To avoid doubt, sections 40 to 42 a: land with dwellings and ancillary commercial buildings erected on it: b: land as sites for dwellings and ancillary commercial buildings: c: land for schemes of development and subdivision into sites for dwellings and ancillary commercial buildings: d: land for motorways, roads, streets, access ways, service lanes, reserves, pumping stations, drainage and water works, river and flood protection works, and other works that are either or both of the following: i: for the benefit of State housing land or occupiers of that land: ii: on, or for the benefit of, land referred to in paragraphs (a) to (c) or occupiers of that land. 3: Subsection (2) does not affect any right of first refusal that a person or group of persons has in relation to the land under any Treaty of Waitangi claims settlement or collective redress Act or deed. 4: Subsections (2) and (3) and this subsection are repealed on 15 September 2026. 1919 No 32 ss 12, 25 1937 No 20 s 6 2026-09-15 Housing Act 1955 Subsections (2)–(4) of this section are repealed on 15 September 2026. Section 15(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 15(2) inserted 15 September 2016 section 10 Housing Legislation Amendment Act 2016 Section 15(3) inserted 15 September 2016 section 10 Housing Legislation Amendment Act 2016 Section 15(4) inserted 15 September 2016 section 10 Housing Legislation Amendment Act 2016 16: Sale of State housing land 1: Subject to any direction of the Minister, any State housing land may be sold for cash or under an agreement for sale in such manner, at such price, and on such terms and conditions as Kāinga Ora–Homes and Communities 2: Without limiting the power of Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities a: allow discount at such rate as it thinks fit on any money so paid in excess of a minimum deposit, and on any principal money paid in respect of the selling price in excess of the payments of principal for the time being due in respect of the sale: b: allow the remission of the whole or any part of the unpaid balance of the selling price on the death of the purchaser or of any other specified person whom Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities c: make the sale conditional on the land not being sold within a specified period fixed by Kāinga Ora–Homes and Communities d: make the sale conditional on the purchaser remaining the sole owner of the land for a specified period fixed by Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities e: allow a reduction of the rate of interest on the whole or any part of the purchase price, and a remission of interest on such part of the purchase price as Kāinga Ora–Homes and Communities f: allow a remission of part of the purchase price if the terms and conditions of the sale or any specified terms and conditions are complied with for such period as may be fixed by Kāinga Ora–Homes and Communities g: accept as security for any part of the purchase price a mortgage in favour of the Crown. 1950 No 93 s 23 Section 16(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 16(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 16(2)(b) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 16(2)(c) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 16(2)(d) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 16(2)(e) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 16(2)(f) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 16(2)(g) inserted 23 December 1980 Housing Amendment Act 1980 17: Licences to occupy Where any State housing land has been sold (whether before or after the commencement of this Act) and at the date of the sale the land had a dwelling thereon, then, if after all principal, interest, and other money payable in consequence of the sale have been paid in full Kāinga Ora–Homes and Communities Land Transfer Act 2017 Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities 1950 No 93 s 24 Section 17 amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 17 amended 12 November 2018 section 250 Land Transfer Act 2017 18: Registration of agreements and licences 1: Despite anything to the contrary in the Land Transfer Act 2017 section 16 17 2: Any such agreement or licence may describe the land comprised in it by reference to the plan of the land held by Kāinga Ora–Homes and Communities section 224 3: If a plan of the land has not been deposited that adequately defines the land under section 224 section 17(1)(a) 4: 5: Where any such agreement or licence has been registered as aforesaid (whether before or after the commencement of this Act), every transfer, mortgage, lease, transmission, and other disposition of the land comprised therein may be registered in the same manner, subject to any modifications prescribed by any regulations made under section 40 section 37 6: The same fee shall be payable on the registration of any transfer, mortgage, lease, transmission, or other disposition of the land comprised in any such agreement or licence, as on the registration of a similar transfer, mortgage, lease, transmission, or other disposition of an estate in fee simple in land. 7: The covenants, conditions, and restrictions contained or implied in any such agreement or licence registered under this section, and the amount of or allocation of the purchase price or the rate or rates of interest payable thereon, may from time to time be varied by a memorandum of variation thereof signed by Kāinga Ora–Homes and Communities Registrar-General of Land lease variation instrument Kāinga Ora–Homes and Communities 8: Where Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Registrar-General of Land 9: Where the purchaser's estate or interest under any such registered agreement or under any such registered licence is subject to any registered encumbrance, lien, or other interest, the Registrar-General of Land, before issuing a record of title under the Land Transfer Act 2017 the record of title 1950 No 93 s 25 Section 18(1) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 18(2) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 18(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 18(3) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 18(4) repealed 12 November 2018 section 250 Land Transfer Act 2017 Section 18(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 18(7) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 18(7) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 18(8) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 18(8) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 18(9) amended 12 November 2018 section 250 Land Transfer Act 2017 19: Leases and tenancies Subject to the Residential Tenancies Act 1986 Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Section 19 replaced 1 February 1987 section 144(3) Residential Tenancies Act 1986 Section 19 amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 19A: Special provisions applying to rent payable under leases and tenancies of State housing land 1: Notwithstanding anything in this Act, the Residential Tenancies Act 1986 Kāinga Ora–Homes and Communities Housing Amendment Act 1992 Public and Community Housing Management Act 1992 a: no term or condition shall be taken to be implied in the lease or tenancy, whether before or after the commencement of the Housing Amendment Act 1992 b: no effect shall be given to any representation made by or on behalf of Kāinga Ora–Homes and Communities Housing Amendment Act 1992 2: Nothing in subsection (1) Kāinga Ora–Homes and Communities Section 19A inserted 18 August 1992 section 2(1) Housing Amendment Act 1992 Section 19A(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 19A(1)(b) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 19A(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 20: Power to adjust rents Section 20 repealed 1 February 1987 section 144(3) Residential Tenancies Act 1986 21: Power of Kāinga Ora–Homes and Communities 1: Kāinga Ora–Homes and Communities , husband, civil union partner, or de facto partner a: to furnish such information as Kāinga Ora–Homes and Communities , husband, civil union partner, or de facto partner b: to verify any such information by statutory declaration. 2: If any such applicant is convicted under section 302 of the Justices of the Peace Act 1927, or under section 133 of the Crimes Act 1908, of an offence in respect of any statutory declaration made for the purposes of this section, Kāinga Ora–Homes and Communities Residential Tenancies Act 1986 Section 21 heading amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 21(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 21(1) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 21(1)(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 21(1)(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 21(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 21(2) amended 1 February 1987 section 144(3) Residential Tenancies Act 1986 Section 21(2) amended 19 October 1965 section 45(2) State Advances Corporation Act 1965 22: Acceptance of money after giving of notice rescinding agreement for sale Where any notice rescinding an agreement for sale under this Part has been given upon default under the agreement— a: the acceptance by or on behalf of Kāinga Ora–Homes and Communities b: it shall not be necessary for Kāinga Ora–Homes and Communities Section 22(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 22(b) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 23: Recovery of possession of land 1: Notwithstanding anything to the contrary in sections 51 52 Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities provided that this subsection shall not apply to persons who claim by virtue of an instrument approved by Kāinga Ora–Homes and Communities 2: In any action for possession of State housing land, a certificate by a person purporting to be the manager of any branch of Kāinga Ora–Homes and Communities Section 23(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 23(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 23(1) proviso amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 23(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Easements 24: Power to grant easements, etc Kāinga Ora–Homes and Communities 1940 No 14 s 9 1943 No 3 s 2(4) Section 24 amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 25: Kāinga Ora–Homes and Communities Subject to the provisions of this Part, Kāinga Ora–Homes and Communities a: pipeline certificates: b: right of way certificates: c: party wall certificates. 1953 No 115 s 15 Section 25 heading amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 25 amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 26: Pipeline certificates 1: Kāinga Ora–Homes and Communities a: any pipeline has been constructed by the Crown over or through land all or part of which, at the time of the construction, was State housing land; and b: the pipeline passes over or through more than 1 parcel of land or land which (in the opinion of Kāinga Ora–Homes and Communities c: 1 or more of the parcels of land has been or is intended to be disposed of by way of sale under this Part or under the provisions of any corresponding former enactment. 2: In addition to its powers under subsection (1), Kāinga Ora–Homes and Communities a: the consent of the owner of that land and of every person having a registered interest therein is endorsed on the certificate in a manner satisfactory to the Registrar-General of Land b: the right to construct the pipeline was reserved at the time of the disposal of the land by the Crown; or c: the pipeline was constructed on the land while it belonged to the Crown. 3: Every such pipeline certificate shall— a: be executed by Kāinga Ora–Homes and Communities b: specify the land over or through which the pipeline passes and the several parcels of land which are served or (in the opinion of Kāinga Ora–Homes and Communities c: specify the nature of the pipeline: d: have endorsed thereon or refer to a diagram showing the several parcels of land served or (in the opinion of Kāinga Ora–Homes and Communities 4: While any pipeline certificate remains registered in accordance with section 29 a: the owner for the time being of every parcel of land specified in the certificate as being served or intended to be served by the pipeline shall have a right to the free and uninterrupted use of the pipeline; and a right, for himself and his servants and agents, after giving reasonable notice, to enter upon any land shown in the certificate as land over or through which the pipeline passes and (so far as is reasonably necessary for the purpose) on other land to which the certificate relates for the purpose of relaying or effecting necessary repairs to the pipeline, subject to the restoration as nearly as is reasonably possible of the surface of the land to its former condition: b: the owner for the time being of any land specified in the certificate as being land over or through which the pipeline passes shall afford to the persons specified in paragraph (a) c: the owner for the time being of each parcel of land specified in the certificate as being served or intended to be served by the pipeline may require and enforce reasonable contribution from all or any other such owners in respect of the cost of executing, providing, and doing all necessary relaying of or repairs to the pipeline, and all things required in respect of the pipeline by any local authority having statutory powers in respect thereof: provided that, where relaying or repairs are rendered necessary by the act or default of any 1 or more of the owners, he or they shall bear the whole cost thereof. 5: Where it is not practicable to show the true course of any pipeline in any pipeline certificate, its position shall be indicated as nearly as possible in the certificate; and, until the contrary is proved, the course so indicated shall be deemed to be the true course. No action shall lie against the Crown under subpart 3 1953 No 115 s 16 Section 26(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 26(1)(b) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 26(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 26(2)(a) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 26(3)(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 26(3)(b) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 26(3)(d) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 26(5) amended 12 November 2018 section 250 Land Transfer Act 2017 27: Right of way certificates 1: Kāinga Ora–Homes and Communities a: in the opinion of Kāinga Ora–Homes and Communities b: after the right of way came into existence, 1 or more of the parcels of land has been disposed of by way of sale under this Part or under the provisions of any corresponding former enactment. 2: Every such right of way certificate shall— a: be executed by Kāinga Ora–Homes and Communities b: specify the several parcels of land served by the right of way and the land over which the right of way exists: c: have endorsed thereon or refer to a diagram showing the several parcels of land served by the right of way and the land over which the right of way exists. 3: While any right of way certificate remains registered in accordance with section 29 a: the owner for the time being of any parcel of land specified in the certificate as being served by the right of way shall have the full and free right and liberty for himself, his tenants, agents, workmen, licensees, and invitees (in common with all other persons having the like right) from time to time and at all times by day or night to pass and repass over the land specified in the certificate as land over which the right of way exists with or without domestic animals of any kind and, where practicable, with vehicles and implements of any kind: b: the owner for the time being of any land specified in the certificate as being land over which the right of way exists shall afford to the persons specified in paragraph (a) the full and free exercise of the rights specified in paragraph (a) in respect of that land: c: the owner for the time being of any parcel of land specified in the certificate as being served by the right of way may require and enforce reasonable contribution from all or any other such owners in respect of the cost of executing, providing, and doing all or any of the things necessary for the proper maintenance or reconstruction of the right of way or lawfully required in respect thereof by any local authority having jurisdiction in the matter. 1953 No 115 s 17 Section 27(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 27(1)(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 27(2)(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 28: Party wall certificates 1: Kāinga Ora–Homes and Communities a: the building was erected or acquired for State housing purposes; and b: the party wall separates 2 or more separate dwellings within the building; and c: 1 or more of the separate dwellings have been disposed of by way of sale under this Part or under the provisions of any corresponding former enactment. 2: Every such party wall certificate shall— a: be executed by Kāinga Ora–Homes and Communities b: specify the party wall to which the certificate relates, the land which is the site of the wall, the separate dwellings of which the party wall forms part, and the land appurtenant to those dwellings: c: specify the dwelling or dwellings which have been disposed of by way of sale under this Part or under the provisions of any corresponding former enactment: d: have endorsed thereon or refer to a diagram showing the party wall, dwellings, and land specified in the certificate. 3: While any party wall certificate remains registered in accordance with section 29 a: the owner for the time being of any land on which any part of the party wall forming part of his dwelling is situated shall have the full, free, and uninterrupted right to the use and enjoyment for the purposes of a party wall of any other land shown in the certificate as part of the site of the party wall, and of the portion of the party wall erected on that land: b: the maintenance, repair, and reinstatement of the part of any party wall which separates any 2 dwellings shall be borne and done at the joint expense of the owners of the land on which those dwellings are situated, unless any such work has been rendered necessary by the act or default of either of those owners alone, in which event the owner responsible or in default shall bear the whole cost thereof: c: no owner of any land on which part of any party wall is situated shall, without the consent of the owner of every piece of land on which any other part of the party wall is situated, make any addition to the party wall or impose any additional weight upon it or otherwise expose it to risk of damage. 1953 No 115 s 18 Section 28(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 28(2)(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 29: Registration of easement certificates 1: Any easement certificate issued by Kāinga Ora–Homes and Communities Registrar-General of Land 2: Any easement certificate may be registered as aforesaid notwithstanding that Her Majesty the Queen is the sole registered owner 3: Any easement certificate may be varied, or may be cancelled in respect of all or any of the land indicated in the certificate as affected thereby,— a: by the issue by Kāinga Ora–Homes and Communities provided that an easement certificate shall not be varied under this paragraph so as to make it more onerous in respect of any land which is not for the time being State housing land: b: by consent of the owners for the time being of all the land against the title to which the certificate is for the time being registered: c: by order of the High Court section 30 High Court 4: Any certificate, consent, or order to which subsection (3) Registrar-General of Land 5: A registration fee of 1 pound shall be payable on any certificate, consent, or order which may be registered under this section. 6: Notwithstanding any rule of law or enactment to the contrary, any easement certificate registered under this section shall be deemed to be binding on any prior or subsequent mortgagee of any of the land or of any interest in any of the land affected by the certificate, and no consent under the Local Government Act 2002 7: 8: The Registrar-General of Land Registrar-General of Land Kāinga Ora–Homes and Communities 9: No person shall have any claim against the Crown under subpart 3 Registrar-General of Land 1953 No 115 s 19 Section 29(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 29(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 29(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 29(3)(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 29(3)(c) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 29(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 29(6) amended 1 July 2003 section 262 Local Government Act 2002 Section 29(7) repealed 12 November 2018 section 250 Land Transfer Act 2017 Section 29(8) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 29(8) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 29(9) amended 12 November 2018 section 250 Land Transfer Act 2017 30: Easement certificate to be evidence of compliance with Act The issue by Kāinga Ora–Homes and Communities section 29 a: before the expiration of 12 years from the date of the registration of the certificate under this section, be sufficient evidence in the absence of proof to the contrary that the requirements of this Part in respect of the certificate have been complied with: b: after the expiration of 12 years from that date, be conclusive evidence that those requirements have been complied with. 1953 No 115 s 19(6) Section 30 amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 2: Accounts and miscellaneous Accounts 31: Abolition of Housing Account 1: The Housing Account established under section 17 of the State Advances Corporation Act 1936 2: The enactments specified in Schedule 1 32: Payments to be made to and by Kāinga Ora–Homes and Communities 1: All amounts payable to the Crown in respect of land, dwellings, buildings, and chattels administered by Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities 2: Kāinga Ora–Homes and Communities a: all necessary expenses which it has to pay for repairing, renovating, rebuilding, and improving any such land, dwellings, buildings, and chattels and keeping them in a fit and proper state: b: all amounts required for the acquisition of land, dwellings, buildings, and chattels by Kāinga Ora–Homes and Communities Part 1 c: interest and other charges on the capital liability to the Crown Kāinga Ora–Homes and Communities d: all expenses of or incidental to the administration of this Act, including such remuneration to Kāinga Ora–Homes and Communities e: the amount of any loans or payments which under the provisions of any other Act would have been payable out of the Housing Account if this Act had not been passed. 3: Kāinga Ora–Homes and Communities 4: Any money required to carry out works authorized under Part 1 5: Any money required by Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Section 32 heading amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 32(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 32(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 32(2)(b) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 32(2)(c) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 32(2)(c) amended 1 July 1989 section 86(1) Public Finance Act 1989 Section 32(2)(d) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 32(3) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 32(5) replaced 1 July 1989 section 86(1) Public Finance Act 1989 Section 32(5) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 33: Kāinga Ora–Homes and Communities Crown Bank Account Where Kāinga Ora–Homes and Communities section 32 a Crown Bank Account Section 33 heading amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 33 heading amended 1 July 1989 section 86(1) Public Finance Act 1989 Section 33 amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 33 amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 33 amended 1 July 1989 section 86(1) Public Finance Act 1989 Section 33 amended 19 October 1965 section 45(2) State Advances Corporation Act 1965 34: Annual report 1: As soon as practicable after the end of each financial year ending with 30 June statement of financial position, a statement of financial performance Auditor-General Kāinga Ora–Homes and Communities 2: A copy of the statement of financial position, statement of financial performance 1919 No 32 s 35 Section 34(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 34(1) amended 1 July 2001 section 52 Public Audit Act 2001 Section 34(1) amended 1 October 1997 section 6(1) Financial Reporting Amendment Act 1997 Section 34(1) amended 1 October 1997 section 6(2) Financial Reporting Amendment Act 1997 Section 34(1) amended 18 August 1992 section 38 Housing Restructuring Act 1992 Section 34(2) amended 1 October 1997 section 6(1) Financial Reporting Amendment Act 1997 Section 34(2) amended 1 October 1997 section 6(2) Financial Reporting Amendment Act 1997 Miscellaneous 35: Stamp duty Section 35 repealed 1 January 1972 section 101(1) Stamp and Cheque Duties Act 1971 36: Execution of documents 1: Any deed or document required to be executed on behalf of the Crown for the purposes of this Act may be executed on behalf of the Crown by Kāinga Ora–Homes and Communities 2: Kāinga Ora–Homes and Communities 3: For the purposes of section 47 Kāinga Ora–Homes and Communities the Registrar-General of Land 4: Notwithstanding anything to the contrary in any Act or rule of law, it shall not be necessary for any transfer instrument 5: For the purposes of the Fencing Act 1908 Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities 1919 No 32 ss 32, 33 1940 No 14 s 10 1947 No 60 s 23 1950 No 93 s 26 Section 36(1) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 36(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 36(2) amended 8 December 1971 section 2(a) Housing Amendment Act 1971 Section 36(2) repealed 8 December 1971 section 2(b) Housing Amendment Act 1971 Section 36(3) replaced 1 April 1988 Housing Amendment Act 1988 Section 36(3) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 36(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 36(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 36(5) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 37: Restriction on registration of instruments The Registrar-General of Land must not section 18 a: the instrument is in favour of the Crown or Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities b: the instrument is an application to register the settlement of the land as a joint family home under the Joint Family Homes Act 1964 c: the instrument is a disposition by way of mortgage; or d: the consent of Kāinga Ora–Homes and Communities Section 37 replaced 8 December 1971 section 3(1) Housing Amendment Act 1971 Section 37 amended 12 November 2018 section 250 Land Transfer Act 2017 Section 37(a) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 37(d) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 38: Cancellation of restrictions imposed under former legislation on freehold titles in respect of dwellings 1: This section applies when the Registrar-General of Land is presented with a record of title issued pursuant to the Housing Act 1919, the Workers' Dwellings Act 1910, or any former Workers' Dwellings Act. 2: The Registrar-General of Land must, without requiring the payment of any fee, at the request of Kāinga Ora–Homes and Communities 3: The Registrar-General of Land must not cancel an easement issued under Part 2 Kāinga Ora–Homes and Communities Section 38 replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 38(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 38(3) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 39: Kāinga Ora–Homes and Communities In respect of the exercise of its functions under this Act Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities 1940 No 14 s 11 Section 39 heading amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 39 amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 40: Regulations 1: The Governor-General may from time to time, by Order in Council, make all such regulations as in his opinion may be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof. 2: Without limiting the general power hereinbefore conferred, regulations may be made under this section for all or any of the following purposes: a: prescribing the terms and conditions of agreements for sale of State housing land, including conditions for the rescission of any such agreement: b: prescribing the conditions subject to which State housing land or buildings thereon may be let or leased: c: prescribing fees payable on applications for land or buildings under Part 1 d: prescribing or regulating the mode of registration of instruments under section 18 e: empowering the Crown to acquire or construct dwellings for the employees of any Pest Destruction Board Agricultural Pest Destruction Act 1967 Pest Destruction Boards section 17 of the Public Works Amendment Act 1948 f: generally for giving effect to the provisions of this Act. 3: Regulations under this section are secondary legislation ( see Part 3 3: 1919 No 32 s 34 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 40(2)(e) amended 1 April 1968 Agricultural Pests Destruction Act 1967 Section 40(2)(e) amended 1 April 1968 Agricultural Pests Destruction Act 1967 Section 40(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 40(3) repealed 19 December 1989 section 11 Regulations (Disallowance) Act 1989 41: Consequential amendments 1: 2: Amendment(s) incorporated in the Act(s) 3: Every reference in any other enactment or document to land set apart or held for the purposes of Part 1 of the Housing Act 1919 Part 1 of the Housing Act 1919 Section 41(1) repealed 21 November 1973 Public Works Amendment Act 1973 42: Repeals and savings 1: The enactments specified in Schedule 2 2: Without limiting the provisions of the Acts Interpretation Act 1924

DLM291745

1955

Family Protection Act 1955

1: Short Title This Act may be cited as the Family Protection Act 1955. 2: Interpretation 1: In this Act, unless the context otherwise requires,— administration administrator section 2(1) application child of a marriage, civil union, or de facto relationship court section 3A de facto partner section 2 de facto relationship section 2 stepchild a: who is not a child of the deceased, but is a child of— i: the deceased's spouse or civil union partner; or ii: a de facto partner who was living in a de facto relationship with the deceased at the date of his or her death and in whose favour the court can make an order under this Act; and b: who was living at the date on which the deceased— i: married that spouse; or ii: entered into the civil union with that civil union partner; or iii: became a party to that de facto relationship. 2: This Act shall apply in all cases, whether the deceased person died before or after the commencement of this Act: provided that no distribution of any part of the estate of a deceased person that has been made before the commencement of this Act shall be disturbed in favour of any person by reason of any application or order made under this Act if it could not have been disturbed in favour of that person by reason of any application or order made under the enactments repealed by this Act. 3: 4: For the purposes of this Act no real or personal property that is held upon trust for any of the beneficiaries in the estate of any deceased person who died after 7 October 1939 (being the date of the passing of section 23 5: For the purposes of this Act the estate of any deceased person shall be deemed to include all property which is the subject of any donatio mortis causa provided that— a: no claim in respect of any property to which this subsection relates shall lie against the administrator by any person who (under any order of the court under this Act) becomes entitled to the property or to any benefit therefrom; and b: in all other respects the provisions of this Act and of sections 30A and 30B of the Administration Act 1952 (which sections were inserted by section 2 of the Administration Amendment Act 1960) 1908 No 60 s 32 1939 No 39 s 23 Section 2(1) replaced 1 February 2002 section 4 Family Protection Amendment Act 2001 Section 2(1) child of a de facto relationship repealed 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2(1) child of a marriage repealed 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2(1) child of a marriage, civil union, or de facto relationship inserted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2(1) stepchild replaced 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2(3) repealed 1 January 1970 section 12(2) Status of Children Act 1969 Section 2(5) proviso paragraph (b) amended 3: Persons entitled to claim under Act 1: An application for provision out of the estate of any deceased person may be made under this Act by or on behalf of all or any of the following persons: a: the spouse or civil union partner of the deceased: aa: a de facto partner who was living in a de facto relationship with the deceased at the date of his or her death: b: the children of the deceased: c: the grandchildren of the deceased living at his death: d: the stepchildren of the deceased who were being maintained wholly or partly or were legally entitled to be maintained wholly or partly by the deceased immediately before his death: e: the parents of the deceased. 1A: A parent of the deceased may not make a claim under this Act unless— a: the parent was being maintained wholly or partly, or was legally entitled to be maintained wholly or partly, by the deceased immediately before his or her death; or b: at the date of the claim, none of the following is living: i: the spouse or civil union partner of the deceased: ii: a de facto partner of the deceased in whose favour the court can make an order under this Act: iii: a child of the marriage, civil union, or de facto relationship of the deceased. 2: In considering any application by a grandchild of any deceased person for provision out of the estate of that person, the court, in considering the moral duty of the deceased at the date of his death, shall have regard to all the circumstances of the case, and shall have regard to any provision made by the deceased, or by the court in pursuance of this Act, in favour of either or both of the grandchild's parents. 1908 No 60 s 33(1) 1936 No 58 s 26 1939 No 39 s 22 1943 No 20 s 14 1947 No 60 s 15 Section 3(1)(aa) inserted 1 February 2002 section 5(1) Family Protection Amendment Act 2001 Section 3(1)(a) replaced 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 3(1)(b) replaced 1 January 1970 section 12(2) Status of Children Act 1969 Section 3(1)(c) replaced 1 January 1970 section 12(2) Status of Children Act 1969 Section 3(1)(e) replaced 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 3(1A) inserted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 3(2) inserted 15 November 1967 Family Protection Amendment Act 1967 3A: Courts to have concurrent jurisdiction 1: Subject to the succeeding provisions of this section, the High Court, the Maori Land Court, and the Family Court 2: The Family Court 2A: An application under this Act must be made to— a: the Family Court or the High Court, unless paragraph (b) applies: b: the Maori Land Court, if the application relates only to Maori freehold land. 3: The court to which an application is made may refer any proceedings resulting from the application, or any question in those proceedings, to any other court referred to in subsection (2A) if it considers that the proceedings or question would be more appropriately dealt with by the other court. 3A: The court may refer the proceedings or question on its own initiative or on application by a party to the proceedings. 4: The High Court, upon application by any party to any proceedings pending under this Act in the Family Court or the Maori Land Court the Family Court or the Maori Land Court (as the case may be) 5: Any appeal from a decision of the Family Court or the Maori Land Court under this Act must be made to the High Court. 6: In this section, Maori freehold land a: has the meaning given by section 4 b: includes shares in a Maori incorporation under that Act; and c: includes the proceeds of alienation of anything referred to in paragraph (a) or (b). Section 3A inserted 1 July 1992 Family Protection Amendment Act 1991 Section 3A(1) amended 6 February 2021 section 86(1) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 3A(2) amended 1 March 2017 section 261 District Court Act 2016 Section 3A(2A) inserted 6 February 2021 section 86(2) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 3A(3) replaced 6 February 2021 section 86(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 3A(3A) inserted 6 February 2021 section 86(3) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 3A(4) amended 6 February 2021 section 86(4) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 3A(4) amended 6 February 2021 section 86(5) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 3A(4) amended 1 March 2017 section 261 District Court Act 2016 Section 3A(5) inserted 6 February 2021 section 86(6) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 Section 3A(6) inserted 6 February 2021 section 86(6) Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 4: Claims against estate of deceased person for maintenance 1: If any person (referred to in this Act as the deceased 1A: Subsection (1) overrides the Administration Act 1969 section 4A 2: Where an application has been filed on behalf of any person, it may be treated by the court as an application on behalf of all persons who might apply, and as regards the question of limitation it shall be deemed to be an application on behalf of all persons on whom the application is served and all persons whom the court has directed shall be represented by persons on whom the application is served. 3: An application must be served on the following persons: a: the spouse or civil union partner of the deceased: b: a de facto partner who was living in a de facto relationship with the deceased at the date of his or her death: c: a child of a marriage, civil union, or de facto relationship of the deceased, or a child of a marriage, civil union, or de facto relationship of any such child: d: a person entitled to apply who the Registrar of the court considers, in his or her discretion, ought to be served because there are special circumstances rendering that desirable: e: a person entitled to apply who the court considers, in its discretion, ought to be served because there are special circumstances rendering that desirable. 3A: Where an application has been filed, orders for representation must be made in respect of the following persons: a: the persons referred to in subsection (3)(a) to (c); and b: any other person entitled to apply who the court considers, in its discretion, ought to be represented because there are special circumstances rendering that desirable. 3B: Except as provided in subsections (3) and (3A), it is not necessary to— a: serve an application on any person; or b: make provision for the representation of any person on an application. 4: An administrator of the estate of the deceased may apply on behalf of any person who is not of full age or mental capacity in any case where the person might apply, or may apply to the court for advice or directions as to whether he ought so to apply; and, in the latter case, the court may treat the application as an application on behalf of the person for the purpose of avoiding the effect of limitation. 1908 No 60 s 33(1), (7), (10) Section 4(1) replaced 1 February 2002 section 6(1) Family Protection Amendment Act 2001 Section 4(1A) inserted 1 February 2002 section 6(1) Family Protection Amendment Act 2001 Section 4(3) replaced 18 May 2009 section 4 Family Protection Amendment Act 2008 Section 4(3A) inserted 18 May 2009 section 4 Family Protection Amendment Act 2008 Section 4(3B) inserted 18 May 2009 section 4 Family Protection Amendment Act 2008 4A: Restrictions on orders in favour of certain de facto partners 1: This section applies to a de facto partner who was living in a de facto relationship with the deceased at the date of his or her death if the de facto relationship is a relationship of short duration as defined in section 2 2: The court cannot make an order under this Act in favour of a de facto partner to whom this section applies unless— a: the court is satisfied— i: that there is a child of the de facto relationship; or ii: that the de facto partner has made a substantial contribution to the de facto relationship; and b: the court is satisfied that failure to make the order would result in serious injustice to the de facto partner. 3: In subsection (2), child of the de facto relationship contribution section 2 Section 4A inserted 1 February 2002 section 7 Family Protection Amendment Act 2001 5: Terms of order 1: The court may attach such conditions to any order under this Act as it thinks fit or may refuse to make such an order in favour of any person whose character or conduct is or has been such as in the opinion of the court to disentitle him to the benefit of such an order. 2: In making any such order the court may, if it thinks fit, order that the provision may consist of a lump sum or a periodical or other payment. 1908 No 60 s 33(2), (3) 6: Provision for class fund 1: Without in any way restricting the powers of the court under this Act, it is hereby declared that the court may order that any amount specified in the order shall be set aside out of the estate and held on trust as a class fund for the benefit of 2 or more persons specified in the order (being persons for whom provision may be made under this Act). 2: Where any amount is ordered to be held on trust as a class fund for any persons under subsection (1), that amount shall be invested and the trustee may at his discretion, but subject to such directions and conditions as the court may give or impose, apply the income and capital of that amount or so much thereof as the trustee from time to time thinks fit for or towards the maintenance or education (including past maintenance or education provided after the death of the deceased) or the advancement or benefit of those persons or of any 1 or more of them to the exclusion of the other or others of them in such shares and proportions and generally in such manner as the trustee from time to time thinks fit; and may so apply the income and capital of that amount notwithstanding that only 1 of those persons remains alive. 3: For the purposes of this section the term trustee 4: If the trustee is not the administrator, then the court may give such directions as it thinks fit relating to the payment to the trustee of the amount which is to be held on trust as a class fund and may exercise any power under section 81 7: Incidence of payments ordered 1: The incidence of the payment or payments ordered shall, unless the court otherwise determines, fall rateably upon the whole estate of the deceased, or, in cases where the authority of the court does not extend or cannot directly or indirectly be made to extend to the whole estate, then to so much thereof as is subject to the authority of the court. 2: The court shall have power to exonerate any part of the deceased's estate from the incidence of any such order, after hearing such of the parties who may be affected by the exoneration as it thinks necessary, and may for that purpose direct any administrator to represent, or appoint any person to represent, any such party. 3: The court shall have power at any time to fix a periodical payment or lump sum to be paid by any beneficiary in the estate of the deceased to represent, or in commutation of, such proportion of the sum ordered to be paid as falls upon the portion of the estate in which he is interested, and to exonerate that portion from further liability, and to direct in what manner the periodical payment shall be secured, and to whom the lump sum shall be paid, and in what manner it shall be invested for the benefit of the person to whom the commuted payment was payable. 4: Upon an order being made under this Act the portion of the estate comprised therein or affected thereby shall be held subject to the provisions of the order. 1908 No 60 s 33(4)–(6), (8) 8: Mortgages and assignments of provisions under orders No mortgage, charge, or assignment of any kind whatsoever which is given of or over any provision out of the estate of any deceased person granted by any order of the court under this Act and which is made before the order of the court is made shall be of any force, validity, or effect; and no such mortgage, charge, or assignment made after the order of the court is made shall be of any force, validity, or effect unless it is made with the permission of the court. 1908 No 60 s 33(12) 9: Limitation of proceedings 1: No application in respect of any estate shall be heard by the court at the instance of a party claiming the benefit of this Act unless the application is made before the expiration of the prescribed period specified in subsection (2): provided that the time for making an application may be extended for a further period by the court, after hearing such of the parties affected as the court thinks necessary; and this power shall extend to cases where the time for applying has already expired, including cases where it expired before the commencement of this Act: provided also that no such extension shall be granted unless the application for extension is made before the final distribution of the estate, and no distribution of any part of the estate made before the administrator receives notice that the application for extension has been made to the court and after every notice (if any) of an intention to make an application has lapsed in accordance with subsection (6) of section 30A of the Administration Act 1952 2: The prescribed period mentioned in this section shall be,— a: in the case of an application by an administrator made on behalf of a person who is not of full age or mental capacity, a period of 2 years from the date of the grant in New Zealand of administration in the estate; and b: in the case of any other application, a period of 12 months from the date of the grant in New Zealand of administration in the estate. 1908 No 60 s 33(9), (11) 1921–22 No 33 s 2 Section 9(1) amended 25 October 1960 Administration Amendment Act 1960 10: Power of Administrator to distribute before limitation period has expired Section 10 repealed 25 October 1960 Administration Amendment Act 1960 11: Evidence as to deceased's reasons for dispositions Without restricting the evidence which is admissible or the matters which may be taken into account on any application under this Act, it is hereby declared that on any such application the court may have regard to the deceased's reasons, so far as they are ascertainable, for making the dispositions made by his will, or for not making any provision or any further provision, as the case may be, for any person; and the court may accept such evidence of those reasons as it considers sufficient, whether or not the same would be otherwise admissible in a court of law. 11A: Duty of administrator to assist court On any application under this Act it shall be the duty of the administrator to place before the court all relevant information in his possession concerning the financial affairs of the estate and the deceased's reasons for making the dispositions made by his will or for not making any provision or any further provision, as the case may be, for any person: provided that the duty imposed by this section shall not extend so as to require the administrator to place any such information before the court if it is known to him by reason only of its having come to his knowledge in circumstances which impose an obligation, whether legal or moral, on the administrator not to disclose it, and its disclosure in connection with any application under this Act would be a breach of that obligation. Section 11A inserted 30 September 1959 Family Protection Amendment Act 1959 12: Variation of orders 1: Where (whether before or after the commencement of this Act) the court has ordered periodical payments, or has ordered any part of the estate or a lump sum to be held as a class fund or invested for the benefit of any person or persons, it shall have power to inquire whether at any subsequent date any party deriving benefit under its order is still living or has become possessed of or entitled to provisions for his proper maintenance or support and into the adequacy of the provisions, or whether the provisions made by its order for any such party remain adequate, and may increase or reduce the provisions so made or discharge, vary, or suspend its order, or make such other order as is just in the circumstances. 2: Where an order has been made under this Act in respect of the estate of any deceased person and application is subsequently made in respect of that estate on behalf of any person who is not bound by the order, the court may vary the previous order in such manner as it thinks fit: provided that the previous order shall not be varied so as to disturb any distribution made pursuant thereto if anything in this Act prevents the distribution from being disturbed: provided also that, without limiting the provisions of sections 30A and 30B of the Administration Act 1952 (which sections were inserted by section 2 of the Administration Amendment Act 1960) 1908 No 60 s 33(13) Section 12(2) second proviso amended 15 November 1967 Family Protection Amendment Act 1967 13: Certain benefits under the Social Security Act 1938 to be disregarded In making any order under this Act for provision out of the estate of a deceased person, the court shall disregard any benefit under Part 2 of the Social Security Act 1938 (other than a superannuation benefit, a miner's benefit, or a family benefit) which is or may become payable to any person. 1950 No 49 s 18(3) 14: Duty on estate Section 14 repealed 1 January 1969 section 100(1) Estate and Gift Duties Act 1968 15: Right of appeal 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 (1A) applies, or any other person prejudicially affected by the decision, may appeal to the High Court against the decision. 1A: 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: The provisions of the Senior Courts Act 2016 4: 5: The High Court or (as the case may be) the Court of Appeal may, in its discretion, rehear the whole or any part of the evidence, or may receive further evidence, if it thinks that the interests of justice so require. Section 15 replaced 1 July 1992 Family Protection Amendment Act 1991 Section 15(1AA) inserted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 15(1AA) amended 1 March 2017 section 261 District Court Act 2016 Section 15(1) replaced 24 November 2003 section 4 District Courts Amendment Act 2002 Section 15(1A) replaced 1 March 2017 section 261 District Court Act 2016 Section 15(2) replaced 24 November 2003 section 4 District Courts Amendment Act 2002 Section 15(2) amended 1 March 2017 section 261 District Court Act 2016 Section 15(2A) inserted 24 November 2003 section 4 District Courts Amendment Act 2002 Section 15(3) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 15(4) repealed 1 January 2004 section 48(2) Supreme Court Act 2003 16: Repeals and savings 1: The enactments specified in the Schedule 2: Without limiting the provisions of the Interpretation Act 1999 3: All the provisions of sections 1 to 31 of the Family Protection Act 1908 Part 1 paragraph (c) of section 17 Section 16(2) amended 1 November 1999 section 38(1) Interpretation Act 1999

DLM288723

1955

Mutual Insurance Act 1955

1: Short Title This Act may be cited as the Mutual Insurance Act 1955. 2: Interpretation In this Act, unless the context otherwise requires,— agriculture association Schedule 1 board city or borough City or borough: this definition was inserted 1 April 1980 section 8(3) Local Government Amendment Act 1979 farm financial year fully detached building a: a building the exterior walls of which are constructed principally of brick, concrete, stone, or other fire resistant material, and which is situated at a distance of not less than 10 feet from the nearest other building not owned by the same owner; or b: any other building situated at a distance of not less than 30 feet from the nearest other building not owned by the same owner isolated property and property that is usually kept therein Co-operative Dairy Companies Act 1949 Isolated property: this definition was amended 21 October 1982 Mutual Insurance Amendment Act 1982 by inserting the words and property that is usually kept therein Life insurance member section 9 Minister Minister: the original definition was substituted 25 November 1977 Mutual Insurance Amendment Act 1977 Minister: this definition was substituted 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 personal accident insurance premium note form set out in Schedule 2 Registrar subscriber paragraph (a) of subsection (1) of section 4 of this Act territorial authority Local Government Act 2002 Territorial authority: this definition was inserted 1 April 1980 section 8(3) Local Government Amendment Act 1979 Territorial authority: this definition was substituted 1 July 2003 section 262 Local Government Act 2002 See sections 273 to 314 Constitution of associations 3: Qualification for membership of association 1: The persons eligible for membership of an association shall comprise: a: any owner or occupier of any farm: b: any owner or occupier of any isolated property: c: any co-operative dairy company registered as such under the Co-operative Dairy Companies Act 1949 d: any employee of any such co-operative dairy company: e: any body corporate or other organisation the principal object of which is to foster the social or economic welfare of persons living on farms or outside the boundaries of cities and boroughs: f: any employee of any such body corporate or other organisation: g: the wife, husband, civil union partner, or de facto partner of any member of the association and the widow, widower, surviving civil union partner, or surviving de facto partner of any person who was a member of the association at his or her death. 2: For the purposes of this section the principal object of a body corporate or organisation means the principal business or activity for the time being carried on by the body corporate or organisation, notwithstanding that it may have authority to carry on any other activity or business. 3: Subject to the provisions of section 10 4: Unless express provision is made to the contrary in the memorandum of association or articles of association of any co-operative dairy company registered as such under the Co-operative Dairy Companies Act 1949 1908 No 125 s 2 The original subsection (1)(f) inserted 16 October 1964 Mutual Insurance Amendment Act 1964 Subsection (1)(f) substituted (1)(g) inserted 21 October 1982 Mutual Insurance Amendment Act 1982 Subsection (1)(g) substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 4: Application to form new association 1: An application to the Governor-General for the grant of a warrant for the formation of an association may be made in any case where— a: two hundred or more persons who are eligible for membership of the association have subscribed their names to a declaration which— i: declares that they have bound themselves to form an association for the purpose of mutual insurance against fire or lightning or explosion, and to effect insurance against those risks with the proposed association amounting to not less than the sum specified as regards each subscriber and not less than $400,000 ii: states the proposed name of the association (of which name the words Mutual Insurance Association territorial authority district b: that declaration has been filed with the Registrar, and a copy thereof has been served on Public Trust c: at the time of the filing of the last-mentioned declaration or subsequently, there has been filed with the Registrar a statutory declaration by a solicitor of the High Court 2: The declaration by the subscribers may also state the number and names of the subscribers selected as the first directors of the association. 3: Any such application to the Governor-General may be made by the said interim secretary, or by some person authorised in writing to make the application by at least 10 of the subscribers. 1908 No 125 s 2 Subsection (1)(a)(ii) amended 1 April 1980 section 8(3) Local Government Amendment Act 1979 by substituting the words territorial authority district city, borough, or town district Subsection (1)(b) amended 1 March 2002 section 170(1) Public Trust Act 2001 by substituting the words Public Trust the Public Trustee See clause 2 Public Trust Act Commencement Order 2002 5: Governor-General may issue warrant authorising formation of new association 1: Upon any such application being duly made to him as aforesaid, the Governor-General in Council may, notwithstanding anything contained in the Companies Act 1955 , the Companies Act 1993 2: The warrant shall state the proposed name of the association and the territorial authority district 1908 No 125 s 2 The reference to the Companies Act 1955, in subsection (1) substituted 1 January 1957 Companies Act 1955 Subsection (1) amended 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 by inserting the words , the Companies Act 1993 Subsection (2) amended 1 April 1980 section 8(3) Local Government Amendment Act 1979 by substituting the words territorial authority district city, borough, or town district 6: First general meeting 1: As soon as may be convenient after the warrant is obtained, the said interim secretary or any other person who may be authorised in writing so to do by not less than 10 of the subscribers may call a first general meeting of the association. 2: The meeting shall be held at some convenient place within the territorial authority district 3: At least 10 days' notice of the meeting (exclusive of the day on which the notice is given, but inclusive of the day for which notice is given) shall be given by notice posted to each subscriber at his last known place of abode or business, or by advertisement in a newspaper circulating in the district in which the business of the association is to be conducted. 1908 No 125 s 3 Subsection (2) amended 1 April 1980 section 8(3) Local Government Amendment Act 1979 by substituting the words territorial authority district city, borough, or town district 7: Incorporation of association 1: If at that meeting a resolution is passed by a majority of those of the subscribers who attend the meeting that the association be incorporated under the name mentioned in the said warrant and have its principal place of business in the territorial authority district $44 2: The Registrar may issue a certificate that the association is incorporated as from a date mentioned in the certificate, and any certificate so issued shall be conclusive evidence that the association has been duly incorporated as from the said date under the provisions of this Act. 1908 No 125 s 4 Subsection (1) amended 1 April 1980 section 8(3) Local Government Amendment Act 1979 by substituting the words territorial authority district city, borough, or town district 8: Change of name and place of business 1: An association may, by special resolution and with the written approval of the Registrar, change its name, or the territorial authority district Provided that, where the name of the association is changed, the words Mutual Insurance Association 2: A resolution shall be a special resolution when it has been passed by a majority of not less than three-fourths of such members as, being entitled so to do, vote at a general meeting of which notice specifying the intention to propose the resolution as a special resolution has been duly given. 3: The association shall forthwith give notice of the passing of any such resolution to the Registrar and shall pay a fee of $4 Gazette territorial authority district 4: A change of name shall not affect any rights or obligations of the association, or render defective any legal proceedings by or against the association, and any legal proceedings that might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name. Subsections (1) (3) amended 1 April 1980 section 8(3) Local Government Amendment Act 1979 by substituting the words territorial authority district city, borough, or town district 9: Membership 1: The subscribers shall be deemed to have agreed to become members of the association, and on its incorporation shall, if then eligible for membership thereof, be entered as members in its register of members. 2: The association may admit as a member thereof any person who is eligible for membership and agrees to become a member, and the person shall be a member upon his name being entered in the association's register of members. 3: The association shall keep the said register of members in one or more books or in the form of cards, and shall enter therein the name, address, and description of each member and the date on which his name was entered in the register. The register shall also show the date on which any former member ceased to be a member of the association. 4: The register of members shall be sufficient evidence in the absence of proof to the contrary of any matters by this Act directed or authorised to be inserted therein. 1908 No 125 s 6 10: Resignations 1: Any member of the association may, with the consent of the Board, resign therefrom upon such terms as the Board may require. 2: If for a period of 6 months there shall be no current contract of insurance between the association and a member thereof, then the member shall cease to be a member of the association at the end of that period but without releasing the association from any liability to which it may then be subject and without releasing the former member from liability for the amount of any calls made on him before he ceased to be a member of the association and for any premiums or other money due by him to the association. 1908 No 125 s 28 11: Powers of association in relation to land An association may from time to time, either solely or jointly with any other person or association,— a: acquire by purchase, lease, sublease, or otherwise any land or interest in land with or without any building, or any building or structure or any part of any building or structure, or any interest therein: b: dispose of by sale, lease, sublease, or otherwise any land or interest in land, or any building or structure or any part of any building or structure, or any interest therein: c: erect, alter, or improve any building or structure on any land acquired by that association: d: enter into arrangements concerning the management and occupation of any land or any interest in land, or any building or structure or part of any building or structure, or interest therein on such terms and conditions as shall be mutually agreed upon between the association and any other person or association: e: mortgage or otherwise charge any land or any interest in land. Section 11 substituted 11A repealed 21 October 1982 Mutual Insurance Amendment Act 1982 11A: Power to join farmer's welfare organisations in acquiring land, etc. This section was inserted 23 October 1963 Mutual Insurance Amendment Act 1963 Subsection (1) substituted 13 December 1968 Mutual Insurance Amendment Act 1968 Section 11 substituted 11A repealed 21 October 1982 Mutual Insurance Amendment Act 1982 11B: Powers of association to hold shares in certain companies 1: An association shall also have power to be a member of and to hold shares in any one or more of the following companies: a: any company which has as its principal business the business of writing, effecting, or arranging insurance relating to the primary industries of New Zealand: b: any company if— i: all members of that company, or all members thereof excepting one, are associations or trustees of associations; and ii: the principal object of that company is to hold shares in any company which has as its principal business the business of writing, effecting, or arranging insurance relating to the primary industries of New Zealand: c: any company which may hold land if— i: the other member or members of the company are bodies corporate or other organisations whose principal business or activity is related to or connected with farms or persons living on farms or outside the boundaries of cities and boroughs; and ii: the association and other member or members of the company have or propose to establish on land held by the company offices for the transaction of their respective businesses: d: any company the principal business of which is the provision for the primary industries of New Zealand of any or all of the following: i: financial services: ii: services as a trustee: iii: services as a real estate agent. 2: The Board, on behalf of the association, may from time to time— a: sell or mortgage the association's shares in any such company: b: subscribe for, accept, or take up any bonus shares or other rights or benefits issued or given by any such company: c: agree to any amalgamation or reconstruction of any such company and take up shares in any such amalgamated or reconstructed company if the amalgamated or reconstructed company is a company in which the association is empowered to hold shares pursuant to subsection (1) of this section d: appoint a representative or representatives to accept a seat or seats on the Board of Directors of any such company or any amalgamated or reconstructed company. The original section 11B inserted 13 December 1968 Mutual Insurance Amendment Act 1968 Subsection (1) of the original section 11B substituted 8 December 1971 Mutual Insurance Amendment Act 1971 Subsection (1)(b)(i) of the original section 11B substituted 25 November 1977 Mutual Insurance Amendment Act 1977 This section was substituted 6 November 1986 Mutual Insurance Amendment Act 1986 Insurance by associations 12: Power of association to insure property of members against fire, lightning, and explosion 1: An association may, at any time while the total amount due under current premium notes held by it and signed by members of the association is at least $40,000 2: An association shall not enter into any contract of insurance at any time while the total amount due under current premium notes held by it and signed by members of the association is less than $40,000 1908 No 125 ss 31, 34 1943 No 9 s 16 13: Extension of powers of associations The Governor-General may from time to time, by Order in Council, make regulations for the extension, subject to such conditions and restrictions as he thinks fit, of the powers of an association to grant to its members such other kinds of insurance (except life insurance) as shall be specified in the regulations. 1913 No 39 s 2 1948 No 77 s 32 14: Further extension of powers of strong associations 1: If the Minister has published in the Gazette Provided that nothing in this subsection shall authorise an association to grant an insurance cover of a kind which it would not otherwise be empowered to grant. 2: Any such notice may at any time be revoked by the Minister by a further notice in the Gazette 3: In determining whether an association has a reasonable margin of solvency within the meaning of this section, the Minister shall have regard to— a: the amount by which its realisable assets (other than goodwill and money due by its members) exceeds the total of its liabilities, other than contingent or prospective liabilities in respect of events that have not yet happened; and b: the total amount due under current premium notes which the association holds from its members. 4: An association shall be deemed to have a reasonable margin of solvency within the meaning of this section if, in the opinion of the Minister, whose decision shall be final and binding on all persons, the total of the amounts specified in subsection (3) of this section $150,000 $50,000 15: Additional powers when deposits made under Insurance Companies' Deposits Act 1953 1: If an association has deposits with Public Trust Insurance Companies' Deposits Act 1953 $45,000 Schedule 1 $45,000 $10,000 Gazette $100,000 $50,000 Provided that the association shall not undertake the kind of insurance business described in Schedule 1 Insurance Companies' Deposits Act 1953 Public Trust $20,000 2: The insurance covers which may be granted under the power conferred by this section may relate to isolated property or other property or to risks not connected with property. 3: Notwithstanding anything to the contrary in the Insurance Companies' Deposits Act 1953 a: an association may make any such deposit with Public Trust b: Public Trust it c: all the provisions of that Act, so far as they are applicable and with the necessary modifications, shall apply to any deposits made under this subsection. 4: Any such notice may at any time be revoked by the Minister by a further notice in the Gazette 5: The decision of the Minister to publish or revoke, or to refuse to publish or revoke, any such notice shall be final and binding on all persons. Subsection (1) amended 1 March 2002 section 170(1) Public Trust Act 2001 by substituting the words Public Trust the Public Trustee See clause 2 Public Trust Act Commencement Order 2002 Subsection (3) amended 1 March 2002 section 170(1) Public Trust Act 2001 by substituting the words Public Trust the Public Trustee The Public Trustee Subsection (3)(b) amended 1 March 2002 section 170(1) Public Trust Act 2001 by substituting the word it him 16: Renewal of existing covers Where, before the 30th day of June 1954, an association has granted an insurance cover to a member in the belief that it was by law authorised so to do, the cover may be renewed or a new cover (whether for the same amount or not) of the same kind may be granted over the same property while it is owned by that member, notwithstanding that the granting of the cover would otherwise exceed the powers of the association. 17: Insurance of trustees 1: If a person in his capacity as trustee is the owner or occupier of a farm or the owner of any isolated property, it shall be lawful for him to enter into a contract with an association for an insurance cover in respect of any property held by him in his capacity as trustee, or in respect of any risk which he may incur in his capacity as trustee, and to execute any premium note in respect thereof to the same extent in all respects as if the trustee were the beneficial owner of the property insured. 2: Every trustee who, in accordance with the foregoing provisions of this section, enters into any contract of insurance with an association shall, while the contract remains in force, be deemed to be a member of that association. Where a trustee has entered into contracts of insurance as aforesaid in respect of property belonging to different estates, his voting powers as a member of the association shall be determined separately in respect of each estate. 3: No trustee shall be personally liable under any premium note given by him for the purposes of any contract of insurance to which this section refers. 4: For the purposes of this section the term trustee 1934 No 9 s 2 18: Premium note 1: Except as provided in subsection (5) of this section (other than provisional insurance cover for a term not exceeding 2 months) 2: The amount of the premium note so required shall be as determined by the Board either generally or in any special case: Provided that, except as provided in subsections (3) and (4) of this section $40 3: If a notice under section 14 $20 4: While an association is authorised to exercise the extended powers mentioned in section 15 $10 5: If any company or other body corporate or organisation which is a member of an association desires to obtain an insurance cover from the association but has no power to give the necessary premium note, then the Board may accept a premium note signed by a member or members of the company, body corporate, or organisation instead of a premium note from it; and for that purpose the necessary alterations shall be made in the form of the premium note as set out in Schedule 2 1908 No 125 s 32 Subsection (1) amended 19 October 1978 Mutual Insurance Amendment Act 1978 by inserting the words (other than provisional insurance cover for a term not exceeding 2 months) 18A: Transfer of insurance cover granted by a subsidiary 1: For the purposes of this section, a subsidiary of an association is a company that is a subsidiary of that association for the purpose of sections 158 and 158A of the Companies Act 1955 sections 5 6 2: Where an insured under any insurance cover granted by a subsidiary of an association wishes to renew that cover in the name of the association as insurer, the association shall be deemed to hold the signed premium note required by section 18 a: has agreed to become a member of the association; and b: has been given written notice— i: setting out the terms of the premium note which, but for this section, the association would have had to obtain from the insured before renewing the insurance cover in the name of the association as insurer; and ii: stating that, if the insured renews the insurance cover in the name of the association as insurer, the association will be deemed to hold a premium note in those terms signed by him. This section was inserted 19 October 1978 Mutual Insurance Amendment Act 1978 Subsection (1) substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 19: Calls on premium notes 1: For the purposes of meeting the losses and other expenditure of the association, whether already incurred or anticipated, or for the purposes of forming or augmenting the association's reserve fund, the Board may from time to time make calls upon members in respect of any money unpaid on their premium notes. 2: Subject to the provisions of subsection (2) of section 35 of this Act 3: The amount of any such call shall be payable within 30 days after notice thereof has been posted to the person liable at his postal address as last known to the association. 4: If the amount of any call is not paid within that period of 30 days, the association may sue for and recover the amount in any Court of competent jurisdiction, together with costs and with interests upon the sum payable as from the expiration of that period of 30 days at the prescribed rate within the meaning of section 87 5: In any proceedings for the recovery of the amount of any such call as aforesaid, a certificate by the association's secretary showing what call has been made, the amount thereby due to the association on any premium note specified in the certificate, and the date of posting of notice of the call to the person liable under the premium note as aforesaid shall, in the absence of proof to the contrary, be taken and received in any Court as sufficient evidence of the matters so certified. 1908 No 125 ss 41, 42, 45, 46, 47 Subsection (4) substituted 21 October 1982 Mutual Insurance Amendment Act 1982 20: Forfeiture of policies 1: If the amount of any such call is not paid within 30 days after notice thereof has been posted to the person liable as aforesaid, the Board may cause a further notice to be posted to him as aforesaid stating that, in the event of non-payment of the amount of the call on or before a day specified in the further notice (not being earlier than the expiration of 14 days from the date of the posting of that notice), the policy or contract of insurance mentioned in that notice will be null and void. 2: A copy of the further notice shall be posted by the association to any other person who may be interested in the policy or contract of insurance, whether as mortgagee or otherwise. 3: If payment of the amount is not made on or before the said day specified in the notice, the policy or contract of insurance shall, unless the Board otherwise directs, become null and void as regards all claims in respect of losses or events happening after that day. 4: No person shall be released from liability for the amount of any call made upon him by reason of any such policy or contract of insurance becoming null and void under the provisions of this section. 1908 No 125 s 43 21: Premium note to become void within specified time after policy expires 1: Six months after any policy or contract of insurance shall have expired or been cancelled or forfeited any premium note given in respect thereof shall become void and shall, on application therefor, be returned to the person liable thereunder: Provided that: a: if the person liable under the premium note still has any policy or contract of insurance with the association, the premium note shall continue in force and the association may retain it unless the association holds some other sufficient premium note from that person: b: nothing in this subsection shall release any person from liability for the amount of any call already made upon him. 2: If an association holds a premium note from a member for a greater amount than is for the time being required, the Board may in its discretion authorise the return of that premium note to that member upon receiving from him such other premium note (if any) as may be required. 1908 No 125 ss 37, 48 22: Cash premiums 1: Every member to whom any policy of insurance is granted or with whom any contract of insurance is made by the association shall pay such cash premium or cash premiums as may be required therefor in accordance with any tariff of rates for insurance from time to time adopted by the Board or in accordance with any agreement between the member and the association. 2: The said cash premium or cash premiums shall be payable by the member in addition to the amount of any calls under any premium note signed by him. 1908 No 125 s 22 23: Policies 1: All policies of insurance issued by the association shall be signed by such one or more persons (being directors or employees of the association) as may from time to time be authorised for the purpose by the Board. 2: Any policy issued by the association and signed by one or more persons shall be valid in favour of any person acting in good faith, notwithstanding— a: any defect in the appointment of any person who purports to have signed it as a director or employee of the association; or b: that any director or employee of the association who has signed it has not been authorised by the Board to do so. 3: The rights conferred by subsection (2) of this section Subsection (3) of the original section 23 repealed 29 July 1977 section 16 Insurance Law Reform Act 1977 This section was substituted 21 October 1982 Mutual Insurance Amendment Act 1982 24: Change of ownership of insured property 1: Upon alienation or partial alienation of the insured property or of any interest therein, the association may determine the insurance cover. 2: If the member insured retains any interest (other than an interest as mortgagee) in the insured property, or if any other person who has acquired the insured property or any interest therein is eligible for membership of the association, the association may, with the express or implied consent of the person entitled to the benefit of the insurance cover, agree that it shall remain in force and shall extend to cover any person entitled wholly or partly to the insured property or any interest therein as well as the person previously insured to the extent of such interest (if any) as he may retain. 3: If the insurance cover is allowed to remain in force, the association may retain the premium note of the member originally insured or may take from the person who has become owner of the insured property a premium note for such amount as would have been required if a new policy had then been granted to that person instead of the policy being transferred, and thereupon the person originally insured by the policy shall become entitled to the return of his premium note and the premium note shall become void at the same time and upon the same conditions as if the insurance cover had been determined at the time of the alienation of the insured property. 4: Where the assignee is a mortgagee, the association may permit the policy to remain in force, and to be transferred to him by way of additional security, without requiring any premium note from the assignee, and without his becoming in any manner personally liable for premiums or otherwise; but in such case the premium note and liability of the mortgagor in respect thereof shall continue and be in no way affected. 1908 No 125 s 38 25: Reinsurance 1: The association may make arrangements with any insurance company or underwriters or with the State Insurance General Manager 2: The association may also make arrangements with another association to grant reinsurances of risks under policies or contracts of insurance granted by the other association to its members. 3: Any such arrangements may be made subject to such conditions, whether with respect to the payment of premiums or otherwise, as may be agreed upon. 1908 No 125 s 27 In subsection (1) substituted State Insurance Act 1963 General meetings 26: General meetings 1: The association shall in each financial year hold a general meeting as its annual general meeting in addition to any other meetings in that year, and shall specify the meeting as such in the notices calling it; and not more than 15 months shall elapse between the date of one annual general meeting of the association and that of the next. 2: The annual general meeting shall be held at such time and place as the Board appoints. 3: All general meetings other than annual general meetings shall be called extraordinary general meetings. 4: The Board may, whenever it thinks fit, convene an extraordinary general meeting; and shall convene an extraordinary general meeting if required to do so by 25 members of the association. 1908 No 125 s 7 27: Notice of general meetings 1: At least 14 days' notice of each general meeting (exclusive of the day on which the notice is given, but inclusive of the day for which notice is given) shall be given to the members of the association, and shall specify the place, the day, and the hour of the meeting, and (in any case where special business is to come before the meeting) the general nature of that business. 2: Such notice may be given either— a: by being posted to each member at his last known place of abode or business; or b: by being published in at least one newspaper or farming journal circulating in the district in which the business of the association is conducted. 3: The accidental omission to give notice of a meeting to, or the non-receipt of notice by, any member of the association when notices are posted as aforesaid shall not invalidate the proceedings at any meeting. 1908 No 125 s 9 28: Proceedings at general meetings 1: All business shall be deemed special that is— a: transacted at an annual general meeting, with the exception of declaring a rebate, the consideration of the accounts, balance sheets, and the reports of the Board and auditors, the election of directors in the place of those retiring, the fixing of the remuneration of directors, and the appointment of and the fixing of the remuneration of auditors; or b: transacted at an extraordinary general meeting. 2: No business shall be transacted at any general meeting unless a quorum of members is present at the time when the meeting proceeds to business. 3: Except as provided in subsection (4) of this section 4: If within half an hour from the time appointed for the meeting a quorum is not present, the meeting, if convened upon the requisition of members, shall be dissolved; but in any other case it shall stand adjourned to the same day of the next week at the same time and place, or such other day and at such other time and place as the Board may determine, and if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting the members present shall be a quorum. 5: The chairman, if any, of the Board shall preside at every general meeting of the association. In the event of the chairman not being present, the deputy chairman or some other director elected by those present shall preside at the meeting. 6: At any general meeting a resolution put to the vote of the meeting shall be decided on the voices, or on a show of hands if requested by one member, unless a poll is (before or on the declaration of the result of the show of hands) demanded— a: by the chairman; or b: by at least 2 members present in person or by proxy 7: Unless a poll is so demanded, a declaration by the chairman that a resolution has been carried or lost, and an entry to that effect in the book containing the minutes of proceedings at general meetings of members, shall be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against the resolution. 8: The chairman shall have a deliberative vote and, in the case of an equality of votes whether on a show of hands or on a poll, the chairman of the meeting at which the show of hands takes place or at which the poll is demanded shall also have a casting vote. 9: Any instrument appointing a proxy to vote at a meeting of an association shall also confer authority to demand or join in demanding a poll. Subsection (6)(b) amended 21 October 1982 Mutual Insurance Amendment Act 1982 by inserting the words or by proxy Subsection (9) inserted 21 October 1982 Mutual Insurance Amendment Act 1982 29: Votes of members 1: Every member present at a general meeting shall have one vote, except as provided in subsection (2) of section 17 of this Act subsection (8) of section 28 of this Act 2: No member shall be entitled to vote at any general meeting unless all money presently payable by him to the association has been paid. 3: Any company, body corporate, or other organisation which is a member of the association or entitled to vote at a meeting may, pursuant to a resolution of its directors or other governing body, give written authority to such person as it thinks fit to act as its representative at any meeting of the association, and the person so authorised shall on production of his written authority be entitled to exercise the same powers on behalf of the company, body corporate, or other organisation which he represents as it could exercise if it were an individual member of the association present at the meeting. 4: A member whose estate is under administration pursuant to the provisions of the Protection of Personal and Property Rights Act 1988 the manager 5: A member in respect of whose estate or any part thereof a protection order has been made under the Protection of Personal and Property Rights Act 1988 High Court 1908 No 125 s 10 In the original subsection (4) substituted substituted Mental Health Act 1969 In subsections (4) (5) replaced section 113 Protection of Personal and Property Rights Act 1988 In subsection (5) replaced section 113 Protection of Personal and Property Rights Act 1988 In subsection (5) substituted section 117(3) Protection of Personal and Property Rights Act 1988 29A: Association may authorise proxy voting An association may, by special resolution passed in the manner prescribed by section 8(2) Sections 29A 29B inserted 21 October 1982 Mutual Insurance Amendment Act 1982 29B: Provisions applying to proxy voting 1: This section applies where proxy voting at a meeting of the association is authorised by a special resolution passed under section 29A 2: Any member of an association entitled to attend and vote at a meeting of the association shall be entitled to appoint another person (whether a member or not) as his proxy to attend and vote instead of him, and a proxy appointed to attend and vote shall also have the same right as the member to speak at the meeting. 3: A member shall not be entitled to appoint more than one proxy to attend on the same occasion, but may appoint 2 or more alternative proxies. 4: A proxy shall not be entitled to vote except on a poll. 5: In every notice calling a meeting there shall appear with reasonable prominence a statement that a member entitled to attend and vote is entitled to appoint a proxy to attend and vote instead of him, and that a proxy need not also be a member; and every officer of the association who knowingly and wilfully authorises or permits default in complying with this subsection in respect of any meeting commits an offence and shall be liable on summary conviction to a fine not exceeding $100. 6: Neither an instrument appointing a proxy nor any other document necessary to show the validity of or otherwise relating to the appointment of a proxy shall be required to be received by the association or any other person more than 48 hours before a meeting or adjourned meeting in order that the appointment may be effective thereat. 7: If for the purpose of any meeting of an association invitations to appoint as proxy a person or one of a number of persons specified in the invitations are issued at the association's expense to some only of the members entitled to be sent a notice of the meeting and to vote thereat by proxy, every officer of the association who knowingly and wilfully authorises or permits their issue as aforesaid commits an offence and shall be liable on summary conviction to a fine not exceeding $200: Provided that an officer shall not be liable under this subsection by reason only of the issue to a member at his request in writing of a form of appointment naming the proxy or of a list of persons willing to act as proxy if the form or list is available on request in writing to every member entitled to vote at the meeting by proxy. 8: The instrument appointing a proxy shall be in writing under the hand of the appointer or if his attorney duly authorised in writing, or, if the appointer is a corporation, either under seal or under the hand of an officer or attorney duly authorised. 9: The instrument appointing a proxy and the power of attorney or other authority, if any, under which it is signed or a notarially certified copy of that power or authority shall be deposited at the principal place of business of the association or such other place within New Zealand as is specified for that purpose in the notice convening the meeting, not less than 48 hours before the time for holding the meeting or adjourned meeting at which the person named in the instrument proposes to vote, and in default the instrument of proxy shall not be treated as valid. 10: An instrument appointing a proxy shall be in the form 1 set out in Schedule 4 11: Where it is desired to afford members an opportunity of voting for or against a resolution the instrument appointing a proxy shall be in the form 2 set out in Schedule 4 12: A vote given in accordance with the terms of an instrument of proxy shall be valid notwithstanding the previous death or insanity of the principal or revocation of the proxy or of the authority under which the proxy was executed, if no intimation in writing of such death, insanity, or revocation as aforesaid has been received by the association at the principal place of business of the association before the commencement of the meeting or adjourned meeting at which the proxy is used. Sections 29A 29B inserted 21 October 1982 Mutual Insurance Amendment Act 1982 Board of Directors 30: The Board of Directors 1: The Board of Directors shall consist of not fewer than 6 nor more than 14 2: If the number and names of the first directors are not stated in the declaration filed with the Registrar in accordance with section 4 section 6 3: No person shall be qualified to become a director at any time after the holding of the said first general meeting unless he is a member of the association and has property insured against fire with the association to the amount of $1,000 4: At the first annual general meeting of the association all the directors shall retire from office, and at the annual general meeting in every subsequent year one-third of the directors for the time being, or if their number is not 3 or a multiple of 3, then the number nearest one-third, shall retire from office. 5: The directors to retire in every year shall be those who have been longest in office since their last election, but as between persons who became directors on the same day those to retire shall (unless they otherwise agree among themselves) be determined by lot. 6: A retiring director shall be eligible for re-election. 7: The association, at the meeting at which a director retires in manner aforesaid, may fill the vacated office by electing a member thereto, and in default the retiring director shall, if offering himself for re-election, be deemed to have been re-elected unless at the meeting it is resolved not to fill the vacated office. 8: The association may from time to time by ordinary resolution increase or reduce the number of directors within the limits specified in subsection (1) of this section 9: The Board shall have power at any time, and from time to time, to appoint any member to be a director, either to fill a casual vacancy or as an addition to the existing directors, but so that the total number of directors shall not at any time exceed the number fixed in accordance with this section. Any director so appointed shall hold office only until the next following annual general meeting, and shall then be eligible for re-election, but shall not be taken into account in determining the directors who are to retire by rotation at that meeting. 10: The office of director shall be vacated if the director,— a: ceases to be a member of the association or to have property insured against fire with the association to the amount of $1,000 b: without the consent of the association in general meeting, holds any other office of profit under the association; or c: becomes bankrupt or makes any arrangement or composition with his creditors generally; or d: becomes a person subject to a property order within the meaning of the Protection of Personal and Property Rights Act 1988 (other than an order under section 30 e: resigns his office by notice in writing to the association; or f: fails to declare, in accordance with section 30B g: absents himself from 3 consecutive regular meetings of the Board without leave being granted by resolution recorded in the minutes. 10A: A person's office as director is suspended while the director is subject to a property order made under section 30 a: the person is deemed to have been granted leave of absence by the Board; and b: the person is not capable of acting as a director. 11: 12: The remuneration of the directors shall from time to time be determined by the association in general meeting. That remuneration shall be deemed to accrue from day to day. The directors shall also be paid all travelling, hotel, and other expenses properly incurred by them in attending and returning from meetings of the Board or any committee of the Board or general meetings of the association or in connection with the business of the association. 13: The Board may appoint advisory directors under the following conditions: a: b: they shall continue in office until the appointment is terminated by the Board: c: they shall attend meetings of the Board by invitation only: d: they shall have no voting powers at meetings: e: they shall receive such fee for their services as may be determined by the Board. 1908 No 125 ss 5, 14, 15, 18 Subsection (1) amended 25 November 1977 Mutual Insurance Amendment Act 1977 by substituting the words 6 nor more than 14 six nor more than twelve Section 30(10)(d) amended 10 September 2008 section 11(2)(a) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Section 30(10)(d) amended 10 September 2008 section 11(2)(b) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 The words mentally disordered person within the meaning of the Mental Health Act 1969 (10)(d) substituted mentally defective person within the meaning of the Mental Health Act 1911 1 April 1970 Mental Health Act 1969 by substituting the reference to a mentally disordered person mentally defective person A reference to the Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46) in subsection (10)(d) substituted section 137(1) Mental Health (Compulsory Assessment and Treatment) Act 1992 The words a person subject to a property order within the meaning of the Protection of Personal and Property Rights Act 1988 10(d) substituted 1 October 1988 a protected person under the Aged and Infirm Persons Protection Act section 117(3) Protection of Personal and Property Rights Act 1988 Subsection (10)(f) substituted 21 October 1982 Mutual Insurance Amendment Act 1982 Section 30(10A) inserted 10 September 2008 section 11(3) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Subsections (11) (13)(a) repealed 21 October 1982 Mutual Insurance Amendment Act 1982 30A: Regional representation on Board of Directors 1: Notwithstanding anything to the contrary in this Act except subsections (1), (3), (4), (5), (6), (9) section 8(2) 2: An association may in like manner amend or revoke any rules adopted under subsection (1) of this section 3: No rules adopted under this section, and no amendment or revocation of any such rules, shall take effect until approved by the Governor-General by Order in Council. 4: All rules that are for the time being in force shall be binding on all persons who are for the time being members of the association by which they were adopted. This section was inserted 25 November 1977 Mutual Insurance Amendment Act 1977 Subsection (1) amended 21 October 1982 Mutual Insurance Amendment Act 1982 by substituting the words special resolution passed in the manner prescribed by section 8(2) of this Act ordinary resolution 30B: Disclosure by directors of interests in contracts 1: Subject to the provisions of this section, it shall be the duty of a director who is in any way, whether directly or indirectly, interested in a contract or proposed contract with the association to declare the nature of his interest at a meeting of the directors of the association. 2: In the case of a proposed contract the declaration required by this section to be made by a director shall be made at the meeting of the directors at which the question of entering into the contract is first taken into consideration, or if the director was not at the date of that meeting interested in the proposed contract, at the next meeting of the directors held after he became so interested, and in a case where the director becomes interested in a contract after it is made, the said declaration shall be made at the first meeting of the directors held after the director becomes so interested. 3: For the purposes of this section, a general notice given to the directors by a director to the effect that he is a member of a specified company or firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with that company or firm shall be deemed to be a sufficient declaration of interest in relation to any contract so made: Provided that no such notice shall be of effect unless either it is given at a meeting of the directors or the director takes reasonable steps to secure that it is brought up and read at the next meeting of the directors after it is given. 4: Any director who fails to comply with the provisions of this section commits an offence and shall be liable on summary conviction to a fine not exceeding $200. 5: Nothing in this section shall be taken to prejudice the operation of any rule of law restricting directors of an association from having any interests in contracts with the association. 1955 No 63 s 199 Sections 30B to 30D inserted 21 October 1982 Mutual Insurance Amendment Act 1982 30C: Directors not to vote on contracts in which interested A director shall not vote in respect of any contract or arrangement in which he is interested, and if he does so his vote shall not be counted, nor shall he be counted in the quorum present at the meeting, but neither of these prohibitions shall apply to— a: any arrangement for giving any director any security or indemnity in respect of money lent by him to or obligations undertaken by him for the benefit of the association; or b: any arrangement for the giving by the association of any security to a third party in respect of a debt or obligation of the association for which the director himself has assumed responsibility in whole or in part under a guarantee or indemnity or by the deposit of a security; or c: any contract or arrangement with any company or other association in which he is interested only as an officer of the company or other association or as a holder of shares or other securities,— and these prohibitions may at any time be suspended or relaxed to any extent in respect of any particular contract, arrangement, or transaction, by the association in general meeting. 1955 No 63 Schedule 3, Table A, r 84(2)(a), (b), (d) Sections 30B to 30D inserted 21 October 1982 Mutual Insurance Amendment Act 1982 30D: Interested directors may affix seal 1: Notwithstanding any rule of law, a director of an association who is interested in a contract or arrangement of or relating to the association may affix, or attest the affixing of, the common seal of the association to any document relating to the contract or arrangement to the same extent as if he were not so interested (whether or not he is entitled to vote in respect of that contract or arrangement at a meeting of directors of the association). 2: This section shall apply in respect of every affixing or attestation of the affixing, of the common seal of an association to a document, whether performed before or after the commencement of this section. 1955 No 63 s 199A 1980 No 43 s 9 Sections 30B to 30D inserted 21 October 1982 Mutual Insurance Amendment Act 1982 31: Powers and duties of the Board 1: The business of the association shall be managed by the Board, which may pay all expenses incurred in promoting and incorporating the association, and may exercise all such powers of the association as are not by this Act required to be exercised by the association in general meeting, subject nevertheless to such regulations as may be made by the association in general meeting; but no regulation made by the association in general meeting shall invalidate any prior act of the Board which would have been valid if that regulation had not been made. 2: The Board may from time to time and at any time by power of attorney appoint any company, firm, or person or body of persons, whether nominated directly or indirectly by the Board, to be the attorney or attorneys of the association for such purposes and with such powers, authorities, and discretions (not exceeding those vested in or exercisable by the Board under this Act) and for such period and subject to such conditions as it thinks fit, and any such power of attorney may contain such provisions for the protection and convenience of persons dealing with any such attorney as the Board may think fit, and may also authorise any such attorney to delegate all or any of the powers, authorities, and discretions vested in him. 3: All cheques, promissory notes, drafts, bills of exchange, and other negotiable instruments, and all receipts for money paid to the association, shall be signed, drawn, accepted, endorsed, or otherwise executed, as the case may be, in such manner as the Board from time to time by resolution determines. 4: The Board shall cause minutes to be made in the books provided for the purpose— a: of all appointments of executive officers made by the Board: b: of the names of the directors present at each meeting of the Board, and of any committee of the directors: c: of all resolutions and proceedings at all meetings of the association, and of the Board, and of any committee of directors. 5: Subject to such regulations as may be made by the association in general meeting, the Board shall have the following powers in particular, but without limiting the powers elsewhere in this Act conferred on it: a: to appoint and dismiss executive officers and agents of the association and arrange and subsidise schemes of superannuation for employed officers: b: to purchase or acquire or take on lease property or premises required for the fulfilment of the objects of the association and to sell or grant leases of any property held by the association: bb: to exercise any of the powers conferred on an association by section 11 bbb: to purchase, take up, subscribe for, or otherwise acquire shares in any company, being shares which the association is empowered to hold pursuant to section 11B c: to arrange for the issue of policies of insurance for terms not exceeding 5 years in duration, upon such conditions as the Board considers fit and for the renewal of such policies whether by the issue of renewal receipts or of new policies: d: to enter into agreements with any insurance company or underwriters or with the State Insurance General Manager e: to adopt a tariff of rates for insurance and vary the tariff from time to time and to grant rebates in respect of cash premiums: f: to subscribe to any public, general, or useful object: g: to do all such things as are incidental or conducive to the attainment of the objects and the exercise of the powers of the association. 1908 No 125 ss 21, 22, 24, 26 Subsection (5)(bb) inserted 23 October 1963 Mutual Insurance Amendment Act 1963 Subsection (5)(bb) substituted 21 October 1982 Mutual Insurance Amendment Act 1982 Subsection (5)(bbb) inserted 13 December 1968 Mutual Insurance Act Amendment 1968 In subsection (5)(d) substituted 18 October 1963 of the State Insurance Act 1963 31A: Merger of associations 1: Notwithstanding section 43 a: causing their association to— i: transfer all the business, assets, property, premium notes, and policies of their association to the other association: or ii: accept the transfer of all the business, assets, property, premium notes, and policies of the other association; and b: executing and performing such acts, deeds, documents, and things as may be necessary or convenient to make or accept the said transfer and to put the merger into full force and effect,— if at a general meeting of the association, whether held before or after the commencement of this section, three-quarters of the association's members present and voting pass a resolution authorising the merger. 2: In the event of any such merger and transfer— a: the business, assets, property, premium notes, and policies transferred from one association to another association shall pass to the transferee thereof subject to all charges, encumbrances, estates, and interests affecting the same; and b: all liabilities of the transferor in respect of the business, assets, property, premium notes, and policies transferred under this section shall be deemed to be liabilities of the transferee thereof; and c: all premium notes transferred from one association to another association shall have effect, from the time of their transfer, as if they had been made out in favour of the association to which they are transferred; and d: all members of the association whose business is transferred to another association shall, upon the transfer, become members of the association to which the business is transferred. This section was inserted 25 November 1977 Mutual Insurance Amendment Act 1977 32: Proceedings of the Board 1: The Board may meet for the despatch of business, adjourn, and otherwise regulate its meetings as it may decide. Questions arising at any meeting shall be decided by a majority of votes. The chairman shall have a deliberative vote and, in the case of an equality of votes, the chairman shall also have a casting vote. The chairman may, and the secretary on the requisition of 3 directors shall, at any time summon a meeting of the Board. It shall not be necessary to give notice of a meeting of the Board to any directors for the time being absent from New Zealand. 2: The quorum necessary for the transaction of the business of the Board shall be such number of the directors of the Board (not being advisory directors appointed under section 30(13) 3: The Board may elect a chairman of its meetings and determine the period for which he is to hold office; but, if no such chairman is elected, or if at any meeting the chairman is not present within 5 minutes after the time appointed for holding the meeting, the directors present may choose one of their number to be chairman of the meeting. 4: All acts done by any meeting of the Board or of a committee of directors, or by any person acting as a director, shall, notwithstanding that it is afterwards discovered that there was some defect in the appointment of any director or person acting as aforesaid or that the directors were or any of them was disqualified, be as valid as if every such person had been duly appointed and was qualified to be a director. 5: A resolution in writing, signed by all the directors for the time being entitled to receive notice of a meeting of the Board, shall be as valid and effectual as if it had been passed at a meeting of the Board duly convened and held. 1908 No 125 ss 16, 20, 23 Subsection (2) substituted 21 October 1982 Mutual Insurance Amendment Act 1982 33: The seal The Board shall provide for the safe custody of the seal, which shall only be used by the authority of the directors, and every instrument (not being a policy) to which the seal is affixed shall be signed by a director and shall be countersigned by the secretary or by a second director or by some other person appointed by the Board for the purpose. Financial provisions 34: Liabilities of association and members 1: All the property and assets of the association, including amounts due under premium notes, shall be available to meet the liabilities of the association whether arising under policies or contracts of insurance or otherwise. 2: No member of the association shall be liable in respect of any loss covered by any policy or contract of insurance or other claim or demand against the association otherwise than upon and to the extent of the amount unpaid upon his premium note. 1908 No 125 ss 50, 51 35: Reserve fund 1: The association shall form a reserve fund and shall transfer to that fund the profits (if any) resulting from the association's business operations in each financial year after paying or providing for the ordinary expenses and losses of the association. 2: In order to form or augment the reserve fund, the Board may make a call upon the amounts due under premium notes: Provided that only one such call may be made in any financial year and no such call shall relate to more than one-quarter of the total amount due under all premium notes at the time of the making of the call. 3: If and in so far as in any financial year the liabilities and expenses of the association cannot be paid or provided for out of the ordinary revenue of the association or of any money borrowed or of the proceeds of any calls made upon members in respect of the amount remaining unpaid upon their premium notes, those liabilities and expenses shall be paid or provided for out of the reserve fund. 4: Money forming part of the reserve fund may be invested in any securities authorised by or under the Trustee Act 1956 5: Without restricting the provisions of subsection (4) of this section a: the exercise of the power of investment conferred by this subsection has been authorised by an unrevoked special resolution (as defined in subsection (2) of section 8 of this Act b: the stock or shares or debentures or notes are quoted on the official list of a registered exchange (within the meaning of section 2(1) c: the total of the money invested under the authority of this subsection does not exceed one-quarter of the amount of the reserve fund. 1908 No 125 ss 29, 52 In subsection (4) substituted Subsection (5) inserted 16 October 1964 Mutual Insurance Amendment Act 1964 Subsection (5)(b) amended 1 December 2002 section 30 Securities Markets Amendment Act 2002 by substituting the words a registered exchange (within the meaning of section 2(1) of the Securities Markets Act 1988 any stock exchange in New Zealand 36: Borrowing of money 1: The association may borrow money for such period and upon such conditions as may be agreed upon, and may give security for any money so borrowed over the whole or any part of its assets, including premium notes. 2: Money shall not be so borrowed except for the purpose of paying ascertained liabilities under policies or contracts of insurance and the ordinary expenses incidental to the running of the association's business or for the purpose, either solely or jointly with any other person or association, of acquiring land or any interest in land or of erecting or altering or improving a building or structure or part of a building or structure, or for the purpose of purchasing, taking up, subscribing for, or otherwise acquiring shares which the association is empowered to hold pursuant to section 11B Provided that no person from whom the association proposes to borrow money shall be concerned to see that the provisions of this subsection are complied with, and the rights of any person lending money to the association without actual notice of any infringement of those provisions shall be determined without regard to those provisions. 1908 No 125 s 30 The original subsection (2) amended 23 October 1963 Mutual Insurance Amendment Act 1963 by inserting the words or the association and any tenant in common with it intend to have offices for the transaction of their respective businesses or any estate or interest therein as tenant in common as aforesaid The original subsection (2) amended 13 December 1968 Mutual Insurance Amendment Act 1968 by inserting the words or for the purpose of purchasing, taking up, subscribing for, or otherwise acquiring shares which the association is empowered to hold pursuant to section 11B of this Act or purchasing, taking up, subscribing for, or otherwise acquiring any such shares Subsection (2) substituted 21 October 1982 Mutual Insurance Amendment Act 1982 37: Accounts 1: The Board shall cause proper books of account to be kept in which shall be kept full, true, and complete accounts of the affairs and transactions of the association. 2: The books of account shall be kept at the principal place of business of the association, or at such other place or places as the Board thinks fit, and shall always be open to the inspection of any director. 3: The Board shall as soon as possible after the end of each financial year cause to be prepared and to be laid before the association in general meeting a profit and loss account for that year, a balance sheet as at the end of that year, and a report of the activities of the association for that year. 4: A copy of every such profit and loss account, balance sheet, and report which is to be laid before the association in general meeting, together with a copy of the auditor's report, shall be sent to each member if the Board so resolves, but otherwise shall be presented to each member attending the general meeting and shall be supplied to any other member upon request made before or within 3 months after the date of the general meeting. 1908 No 125 s 8 38: Audit 1: The association shall at each annual general meeting appoint an auditor or auditors to hold office until the next annual general meeting. 2: The provisions of sections 196 to 207 Companies Act 1993 A reference to sections 163, 165, and 166 of the Companies Act 1955 original subsection (2) substituted 1 January 1957 sections 139, 140, and 141 of the Companies Act 1933 Companies Act 1955 Subsection (2) substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 39: Annual statement and inquiries by chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act 1: The manager or secretary of the association shall annually, within 3 months after the end of each financial year, prepare and forward to the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act 2: Every such statement shall be in such form as may be prescribed by the Governor-General by Order in Council, or if not so prescribed then as the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act 3: The association shall further, when required, make prompt and explicit answer in reply to any inquiries in relation to its transactions and financial position which may be made by the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act 1908 No 125 ss 56, 57(1) Section 39 amended 25 November 1977 Mutual Insurance Amendment Act 1977 by substituting the words Secretary for Justice Public Trustee Section 39 amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 by substituting the words chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act Secretary for Justice 40: Offences 1: The manager and secretary of any association shall each commit an offence against this section if, at any time while he is the holder of that office,— a: a statement of the business of the association in any financial year is not prepared and forwarded to the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act section 39 b: prompt and explicit answer is not made in reply to any inquiries made by the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act section 39 c: any person who is not eligible for membership of the association under section 3 d: the association grants after the commencement of this Act any insurance cover which it is not for the time being authorised to grant. 2: Every person who commits an offence against this section shall be liable on summary conviction to a fine not exceeding $40 1908 No 125 s 57(2) Subsection (1)(a) (b) amended 25 November 1977 Mutual Insurance Amendment Act 1977 by substituting the words Secretary for Justice Public Trustee Subsection (1)(a) (b) amended 1 October 1995 section10(3) Department of Justice (Restructuring) Act 1995 by substituting the words chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act Secretary for Justice Miscellaneous 41: Synopsis of business of associations The chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act Gazette 1908 No 125 s 58 Section 41 amended 25 November 1977 Mutual Insurance Amendment Act 1977 by substituting the words Secretary for Justice Public Trustee Section 41 amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 by substituting the words chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act Secretary for Justice 42: Costs incurred by chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act 1: Any costs incurred by the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act sections 40 41 2: The amount of the remuneration payable to the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act 1908 No 125 s 59 Subsections (1) (2) amended 25 November 1977 Mutual Insurance Amendment Act 1977 by substituting the words Secretary for Justice Public Trustee Subsections (1) (2) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 by substituting the words chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act Secretary for Justice 43: Liquidation Parts 16 17 Companies Act 1993 1908 No 125 s 60 A reference to Part 6 of the Companies Act 1955 43 substituted 1 January 1957 Part 6 of the Companies Act 1933 Companies Act 1955 Section 43 substituted 1 July 1994 section 2 Company Law Reform (Transitional Provisions) Act 1994 43A: Overseas business Sections 22A to 22I 26 Section 43A inserted 22 November 2006 section 10(2) Insurance Companies' Deposits Amendment Act 2006 44: Regulations 1: The Governor-General may from time to time, by Order in Council, make all such regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof. 2: Without limiting the general power to make regulations conferred by subsection (1) of this section a: providing for the establishment of special divisions of an association to deal with particular classes of insurance business: b: providing that all premiums and other money received on account of a special division shall be deposited in or credited to a separate account: c: prescribing the matters in respect of which payments may be made from any separate account: d: authorising the creation of a separate reserve fund in respect of any such special division: e: providing that the assets of a special division (including any reserve fund in respect thereof) shall not be available except for the purpose of the business of that division: f: authorising payments or advances from the association's general reserve fund if the assets of a special division are not sufficient to provide for all lawful claims and expenses payable by the association in respect of that division. 3: Any regulations made under this Act may apply generally in respect of all associations or may apply only to any specified association or associations, or may apply to all associations except any specified association or associations. 4: Subsection (4) repealed 19 December 1989 section 11 Regulations (Disallowance) Act 1989 45: Repeals, amendments, and savings 1: The enactments specified in Schedule 3 2: This subsection amended clause 3 3: Every reference in the Insurance Companies' Deposits Act 1953 4: Without limiting the provisions of the Acts Interpretation Act 1924

DLM289314

1955

Maori Trust Boards Act 1955

1: Short Title and commencement 1: This Act may be cited as the Maori Trust Boards Act 1955. 2: This Act shall come into force on 1 January 1956. 2: Interpretation 1: In this Act, unless the context otherwise requires,— accounting period a: a period of 1 year ending on the Board's balance date; or b: if the Board's balance date changes, the period starting on the day after the last balance date before the change and ending on the new balance date adult beneficiary balance date a: the end of 31 March; or b: the end of another date that the Board adopts as its balance date, as long as a balance date is never more than 15 months after the last balance date beneficiary committee section 20 electronic voting system Maori Maori Trust Board Board Part 1 Minister 2: Section 2(1) accounting period inserted 16 September 2011 section 4(1) Maori Trust Boards Amendment Act 2011 Section 2(1) adult beneficiary inserted 23 May 2008 section 4(1) Maori Trust Boards Amendment Act 2008 Section 2(1) balance date inserted 16 September 2011 section 4(1) Maori Trust Boards Amendment Act 2011 Section 2(1) electronic voting system inserted 29 November 2022 section 22(1) Māori Purposes Act 2022 Section 2(1) Minister replaced 29 November 2022 section 22(2) Māori Purposes Act 2022 Section 2(2) repealed 16 September 2011 section 4(2) Maori Trust Boards Amendment Act 2011 1: Constitution of Maori Trust Boards Aorangi Maori Trust Board 3: Aorangi Maori Trust Board 1: The trustees appointed under section 62 of the Maori Purposes Act 1950 and in office at the commencement of this Act are hereby constituted a Maori Trust Board to be known as the Aorangi Maori Trust Board. 2: All the real and personal property held by the trustees upon trusts declared pursuant to the said section 62, of whatsoever nature and wheresoever situate, shall, on the commencement of this Act, without the necessity of any instrument of transfer or other assurance, be transferred to and vest in the Board, which shall administer all such property in accordance with the provisions of this Act. 3: The beneficiaries of the Board are hereby declared to be the persons determined by the Maori Land Court by an order dated 21 August 1925 to be entitled to the money referred to in subsection (4) of the said section 62 and the descendants of those persons. 4: Every trustee appointed as aforesaid in office at the commencement of this Act shall be deemed to have been appointed as a member of the Board for a term expiring on 31 July 1956. Arawa Maori Trust Board Heading repealed 26 September 2006 section 96(2) Te Arawa Lakes Settlement Act 2006 4: Arawa Maori Trust Board Section 4 repealed 26 September 2006 section 96(2) Te Arawa Lakes Settlement Act 2006 Aupouri Maori Trust Board Heading repealed 17 December 2015 section 206(2) Te Aupouri Claims Settlement Act 2015 5: Aupouri Maori Trust Board Section 5 repealed 17 December 2015 section 206(2) Te Aupouri Claims Settlement Act 2015 Ngaitahu Maori Trust Board Heading repealed 24 April 1996 section 34(1) Te Runanga o Ngai Tahu Act 1996 6: Ngaitahu Maori Trust Board Section 6 repealed 24 April 1996 section 34(1) Te Runanga o Ngai Tahu Act 1996 6A: Ngati Whatua o Orakei Maori Trust Board Section 6A repealed 1 February 2013 section 101 Ngāti Whātua Ōrākei Claims Settlement Act 2012 Tainui Maori Trust Board Heading repealed 30 April 1999 section 28(4)(a) Waikato Raupatu Claims Settlement Act 1995 7: Tainui Maori Trust Board Section 7 repealed 30 April 1999 section 28(4)(a) Waikato Raupatu Claims Settlement Act 1995 Taitokerau Maori Trust Board 8: Taitokerau Maori Trust Board 1: The body corporate constituted pursuant to section 28 2: The beneficiaries of the Board are hereby declared to be the members of the Ngatiwhatua, Ngapuhi, Te Rarawa, Ngatikahu, and Te Aupouri tribes of North Auckland, and their descendants. Taranaki Maori Trust Board 9: Taranaki Maori Trust Board 1: The body corporate constituted as a Board of Management under section 49 2: 3: The beneficiaries of the Board are hereby declared to be members of the Atiawa, Ngati Tama, Ngati Mutunga, Ngati Maru, Ngati Ruanui, Ngaruahine, Taranaki, and Ngarauru tribes, and their descendants. Section 9(2) repealed 29 November 2022 section 23 Māori Purposes Act 2022 9A: Tuhoe-Waikaremoana Section 9A repealed 28 July 2014 section 107 Tūhoe Claims Settlement Act 2014 Tuwharetoa Maori Trust Board 10: Tuwharetoa Maori Trust Board 1: The body corporate constituted by section 16 section 55 (the Board 2: Without further appropriation than this section, the sum of $1,500,000, or a greater or lesser sum that is agreed between the Crown and the Board, in accordance with the deed defined in subsection (3), must be paid out of public money to the Board on 1 July in each year. 3: In subsection (2), deed Crown 4: The beneficiaries of the Board are hereby declared to be the members of the Tuwharetoa tribe and their descendants. Section 10(1) amended 23 May 2008 section 5(1) Maori Trust Boards Amendment Act 2008 Section 10(2) replaced 23 May 2008 section 5(2) Maori Trust Boards Amendment Act 2008 Section 10(3) replaced 23 May 2008 section 5(2) Maori Trust Boards Amendment Act 2008 Wairoa-Waikaremoana Heading amended 17 December 1971 section 6(2) Lake Waikaremoana Act 1971 11: Wairoa-Waikaremoana 1: The body corporate constituted pursuant to section 29 Wairoa-Waikaremoana Maori Trust Board 2: The beneficiaries of the Board are hereby declared to be the members of the Ngati Kahungunu tribe residing in the Borough of Wairoa or the County of Wairoa together with the persons (wherever resident) whose names are comprised in the Ngati Kahungunu portion of the list of owners of Lake Waikaremoana, as certified by the Registrar of the Maori Land Court pursuant to subsection (3) of section 9 3: The sum of 20,000 pounds 4: Any investment made pursuant to subsection (3) may, with the approval of the Minister, be converted into money for expenditure by the Board on purposes approved by him. Section 11 heading amended 17 December 1971 section 6(2) Lake Waikaremoana Act 1971 Section 11(1) amended 17 December 1971 section 6(2) Lake Waikaremoana Act 1971 Section 11(2) replaced 20 October 1972 section 15(1) Maori Purposes Act 1972 Whakatohea Maori Trust Board 12: Whakatohea Maori Trust Board 1: The body corporate constituted pursuant to section 26 2: The beneficiaries of the Board are hereby declared to be the members of the Whakatohea tribe and their descendants. 2: General provisions relating to Maori Trust Boards 13: Boards to be bodies corporate Each Board shall be a body corporate with perpetual succession and a common seal, and shall be capable of holding real and personal property, and of suing and being sued, and of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer. 14: Membership of Boards 1: Each Board shall consist of such number of members as may be prescribed by regulations under this Act. 2: The members of each Board shall, from time to time, be appointed by the Governor-General who, subject to the provisions of this Act, shall appoint those members elected by the beneficiaries of the Board in accordance with this Act. 3: No person shall be appointed as a member of a Board who is— a: a person who is subject to a personal order or a property order made under the Protection of Personal and Property Rights Act 1988 section 32 33 b: a bankrupt who has not obtained his order of discharge, or whose order of discharge is suspended for a term not yet expired, or is subject to conditions not yet fulfilled; or c: a person convicted of any offence punishable by imprisonment for a term of 6 months or longer, unless he has received a free pardon or has served his sentence or otherwise suffered the penalty imposed upon him. 4: No person shall be capable of being elected or appointed to be, or of being, a member of a Board unless he is, in relation to that Board, a beneficiary. 5: Where the members of a Board are to be elected or appointed to represent different sections or divisions of the beneficiaries, no beneficiary shall be capable of being elected or appointed to be, or of being, a member representing a particular section or division unless he himself belongs to that section or division. 6: Where a person is qualified to belong to more than 1 section or division of the beneficiaries, he shall not be capable of being elected or appointed to be, or of being, a member representing a section or division other than the one in which he elects to be enrolled in accordance with section 42(6) Section 14(3)(a) replaced 10 September 2008 section 8(2) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 Section 14(4) inserted 1 October 1983 Maori Trust Boards Amendment Act 1983 Section 14(5) inserted 1 October 1983 Maori Trust Boards Amendment Act 1983 Section 14(6) inserted 1 October 1983 Maori Trust Boards Amendment Act 1983 15: Term of office of members 1: The members of each Board in office at the commencement of this Act shall, subject to the provisions of this Act, continue in office for the residue of the term for which they were appointed. 2: Except as otherwise provided by this or any other Act, every member of a Board shall be appointed for a term of 3 years, and any member may from time to time be reappointed. 3: Notwithstanding anything to the contrary in this Act, every member of a Board, unless he sooner vacates his office, shall continue to hold office until his successor comes into office. 16: Extraordinary vacancies 1: Any member of a Board may at any time be removed from office by the Governor-General for inefficiency, inability to perform the functions of the office the Board 1A: If a Board receives the resignation in writing of a member, it must notify the Minister as soon as practicable after receipt of the resignation. 2: If any member dies, or resigns, or is removed from office, his office shall become vacant, and the vacancy shall be deemed to be an extraordinary vacancy. 3: In the case of an extraordinary vacancy the Governor-General may appoint some qualified person to be a member of the Board for the residue of the term for which the vacating member was appointed: provided that any member appointed under this subsection shall not be elected in the manner provided in this Act for the filling of vacancies caused by the expiry of the term of office of members. 4: The powers of a Board shall not be affected by any vacancy in the membership thereof. Section 16(1) amended 29 November 2022 section 24(1) Māori Purposes Act 2022 Section 16(1) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001 Section 16(1A) inserted 29 November 2022 section 24(2) Māori Purposes Act 2022 17: Appointment of Chairman and Deputy Chairman 1: At the first meeting of each Board following the triennial appointment of its members or following the vacation of office by the Chairman, the Board shall appoint from among its members a Chairman, and may, if it thinks fit, appoint from among its members a Deputy Chairman. 2: Any person appointed as the Chairman or Deputy Chairman of a Board shall hold office, while he continues to be a member of the Board, until the appointment of his successor in accordance with this section, and may be reappointed. 3: The Deputy Chairman may act for and shall have all the powers of the Chairman during such time as the Chairman, in the opinion of the Board, is incapacitated by illness, absence, or other sufficient cause from performing the duties of his office. 18: Meetings of Board 1: The first meeting of any Board constituted after the commencement of this Act shall be held on a day to be appointed in that behalf by the Minister. 2: Except as provided by subsection (1), meetings of each Board shall be held at such times and places as the Board from time to time appoints: provided that the first meeting of any Board following the triennial appointment of its members shall be held at such time and place as the Secretary, after consultation with a quorum of the members, appoints, being not later than 2 months after the date of the appointment of its members as aforesaid. 3: The Minister or the Chairman may at any time call a special meeting of a Board, and any 3 members of a Board may at any time by notice in writing request the Chairman to call a special meeting of the Board, and thereupon the Chairman shall call a special meeting of the Board, to be held no later than 1 month after the day he received the notice. 4: At all meetings of a Board a quorum shall consist of half of the number of members, or, where the number of members is not a multiple of 2, of half of the next highest number which is a multiple of 2. 5: The Chairman shall preside at all meetings of the Board at which he is present. 6: If within half an hour after the time for which any meeting of a Board has been appointed, whether by summons or by adjournment, a quorum is not present, the member or members present, or if no member is present, an officer of the Board, may adjourn the meeting to such time and place as is thought fit. 7: In the absence of the Chairman from any meeting of a Board the Deputy Chairman, if one has been appointed and if he is present, shall preside. In the absence from any meeting of both the Chairman and the Deputy Chairman the members present shall appoint one of their number to preside. 8: At any meeting of a Board the person presiding shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote. 9: All questions before a Board shall be decided by a majority of the valid votes recorded thereon. 10: Subject to the provisions of this Act and of any regulations thereunder, each Board may regulate its procedure in such manner as it thinks fit. 11: The proceedings and resolutions of each Board shall be recorded in a minute book to be kept for the purpose. 19: Officers of Board 1: Each Board may from time to time, subject to the approval of the Minister, appoint a fit and proper person, who may be a member of the Board, to act as Secretary of the Board, and, with the like approval, may at any time remove the Secretary from office. 2: The Secretary shall have all such powers and duties as the Board from time to time determines, and shall at all times conform to the directions of the Board. 3: Each Board may, from time to time, appoint such other officers and workmen as it may think necessary or expedient, and may, from time to time, dismiss any such officers and workmen. 4: All employees of a Board shall be paid such salaries, wages, or allowances as the Board from time to time determines: provided that the rate of remuneration of the Secretary shall be fixed only with the prior approval of the Minister. 19A: Gratuities payable on retirement or death of employees 1: On the retirement from the service of any Board of any employee whose total length of service with the Board has been not less than 10 years, the Board may, with the prior approval of the Minister, pay to him, by way of gratuity, an amount not exceeding an amount equal to 6 months' pay at the rate payable to him at the time of his retirement. 2: On the death of any such employee (whether before or after his retirement but before he has received a gratuity under subsection (1)) the Board may, with the prior approval of the Minister, pay to his dependants or any of them, by way of gratuity, an amount not exceeding an amount equal to 6 months' pay at the rate payable to him at the time of his retirement or (if he died before retirement) at the time of his death. Section 19A inserted 17 December 1968 section 13(1) Maori Purposes Act 1968 Committees 20: Board may appoint committees 1: Each Board may from time to time, by resolution, appoint a committee or committees, consisting of 2 or more persons, of whom at least 1 shall be a member of the Board, and, subject to the provisions of subsection (3), may by resolution delegate to any such committee any of the powers or duties of the Board, except the power of delegation conferred by this section and the powers conferred by section 19 section 26 section 27 2: Every resolution under subsection (1) delegating any powers or duties to a committee shall specify in full the powers or duties so delegated. 3: 4: Any delegation under this section may be at any time revoked, in whole or in part, by the Board. Section 20(3) repealed 24 June 1996 Maori Trust Boards Amendment Act 1996 21: Chairman of committee The Chairman of a committee may be appointed and removed by the Board: provided that a committee may at any meeting appoint one of its members to act in the absence of the Chairman from that meeting. 22: Meetings of committees 1: The members of a committee may meet for the despatch of business and adjourn their meetings as they think fit. 2: Each committee shall fix a quorum, which shall be subject to the approval of the Board, and no business shall be transacted at any meeting of a committee unless a quorum is present. 3: All proceedings and resolutions of each committee shall be recorded in a minute book to be kept for the purpose, and, as soon as practicable after the conclusion of each meeting, a copy of the minutes of that meeting shall be forwarded to the Secretary of the Board by which the committee was appointed. 4: All questions before a committee shall be decided by a majority of the votes recorded thereon. 5: At any meeting of a committee the person presiding shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote. 23: Committee to be subject to control of Board Each committee shall be subject in all things to the control of the Board by which it was appointed, and shall carry out all directions of the Board given in relation to the committee or its affairs. Councils Heading inserted 18 January 1989 Maori Trust Boards Amendment Act 1988 23A: Council of elders 1: Each Board may from time to time, by resolution, appoint a council of elders to be known by such name as the Board may decide. 2: The principal function of the council of elders shall be to advise the Board on all matters involving tikanga, te reo, and kawa. 3: The council of elders shall comprise such of the kaumatua of the beneficiaries as the Board may decide to appoint from time to time after consulting the kaumatua. Section 23A inserted 18 January 1989 Maori Trust Boards Amendment Act 1988 23B: Council of young people 1: Each Board may from time to time, by resolution, appoint a council of young people to be known by such name as the Board may decide. 2: The principal function of the council of young people shall be to advise the Board on the needs and interests of the young people among the beneficiaries. 3: The council of young people shall comprise such of the young people among the beneficiaries as the Board may decide to appoint from time to time after consulting the young people. Section 23B inserted 18 January 1989 Maori Trust Boards Amendment Act 1988 Requirement for annual hui Heading inserted 16 September 2011 section 5 Maori Trust Boards Amendment Act 2011 23C: Annual hui 1: A Board must hold a hui for the beneficiaries of the Board no later than 6 months after the balance date of the prior accounting period. 2: The Board must do the following things at the hui: a: report on its activities since the last hui: b: report on the activities it plans for the future: c: present its annual report (prepared under section 31 d: present a budget (prepared under section 31A 3: To avoid doubt, this section and sections 23D 31 to 32 Maori Fisheries Act 2004 Section 23C inserted 16 September 2011 section 5 Maori Trust Boards Amendment Act 2011 23D: Notice of annual hui 1: A Board must give public notice of the following matters to its beneficiaries: a: the time and location of a hui to be held under section 23C b: details of when and how a beneficiary may obtain a copy (whether printed or electronic) of the annual report to be presented at the hui. 2: The notice must be given no later than 3 months before the date of the hui. 3: Section 46(2) Section 23D inserted 16 September 2011 section 5 Maori Trust Boards Amendment Act 2011 Functions and powers of Boards 24: Functions of Board 1: The functions of each Board shall be to administer its assets in accordance with the provisions of this Act for the general benefit of its beneficiaries, and, for that purpose, a Board may, in its discretion, provide money for the benefit or advancement in life of any specific beneficiary, or of any class or classes of beneficiaries. 2: Without limiting the general provisions hereinbefore contained, it is hereby declared that each Board may, from time to time, subject to the provisions of this Act, apply money towards all or any of the following purposes: a: the promotion of health: i: by installing or making grants or loans towards the cost of installing water supplies, sanitation works, and drainage in Maori settlements; ii: by promoting, carrying out, or subsidising housing schemes, or by making grants or loans for any such schemes; or iii: by providing, subsidising, or making grants for medical, nursing, or dental services: b: the promotion of social and economic welfare: i: by making grants or loans for the relief of indigence or distress; ii: by developing, subsidising, or making grants or loans for farming or other industries; iii: by making grants or loans towards the cost of the construction, establishment, management, maintenance, repair, or improvement of Maori meeting houses, halls, churches and church halls, villages, maraes, or cemeteries; iv: by establishing, maintaining, and equipping hostels for the purpose of providing either permanent or temporary accommodation; v: by making grants or loans towards the establishment of recreational centres for the common use of any Maori community and for such other uses as the Board thinks fit; vi: by promoting, carrying out, or subsidising roading schemes, power schemes, or such other schemes as the Board thinks fit, or by making grants or loans for any such schemes; or vii: by purchasing, acquiring, holding, selling, disposing of, or otherwise turning to account shares in any body corporate that has as one of its principal objects the economic or social advancement of Maoris, or the development of land: c: the promotion of education and vocational training: i: by assisting in the establishment of schools, and in the equipping, managing, and conducting of schools; by making grants of money, equipment, or material to schools or other educational or training institutions; or by making grants to funds established or bodies formed for the promotion of the education of Maoris or for assisting Maoris to obtain training or practical experience necessary or desirable for any trade or occupation; ii: by providing scholarships, exhibitions, bursaries, or other methods of enabling individuals to secure the benefits of education or training, or by making grants to Education Boards or other educational bodies for scholarships, exhibitions, or bursaries; iii: by providing books, clothing, or other equipment for the holders of scholarships or other individuals, or by making grants for any such purpose; or by making grants generally for the purpose of assisting the parents or guardians of children to provide for their education or training for any employment or occupation; iv: by providing, maintaining, or contributing towards the cost of residential accommodation for children in relation to their education or training; or v: by the promotion of schemes to encourage the practice of Maori arts and crafts, the study of Maori lore and history, and the speaking of the Maori language: d: such other or additional purposes as the Board from time to time determines. 3: Nothing in this section shall be deemed to preclude any Board from applying money for the general benefit of a group or class of persons, notwithstanding that the group or class of persons includes persons other than beneficiaries; but no grant or loan shall be made to any individual for his exclusive benefit unless he is a beneficiary. Section 24(2)(b)(vi) amended 23 October 1981 section 7 Maori Purposes Act 1981 Section 24(2)(b)(vii) inserted 23 October 1981 section 7 Maori Purposes Act 1981 24A: Powers of Maori Trust Boards Any Board may from time to time, in its discretion— a: make grants to the Maori Education Foundation established by the Maori Education Foundation Act 1961 b: make payments, not exceeding in the aggregate the sum of 200 pounds in any accounting period whether or not any such grants or payments are of a direct or indirect benefit to the beneficiaries of the Board, or any of them. Section 24A inserted 1 December 1961 section 19(1) Maori Purposes Act 1961 Section 24A(b) amended 16 September 2011 section 6 Maori Trust Boards Amendment Act 2011 24B: Trusts for charitable purposes 1: Any Board may from time to time, in its discretion, execute under its seal a declaration of trust declaring that it shall stand possessed of any of its property, whether real or personal, upon trust for charitable purposes. 2: Any income derived by the Board from any property to which the declaration relates shall be applied for such purposes referred to in section 24 section 24A Income Tax Act 2007 3: No declaration of trust under this section shall have any force or effect unless it has been approved by the Commissioner of Inland Revenue. Section 24B inserted 5 December 1962 Maori Trust Boards Amendment Act 1962 Section 24B(2) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 24C: Maori Trust Board may accept trusts Notwithstanding anything in any other provision of this Act, a Board may accept and hold or otherwise deal with any property upon trust for the benefit of the Board's beneficiaries or any of them or for the benefit of any group of persons which includes any such beneficiaries. Any property held by a Board pursuant to this section shall be dealt with in accordance with the terms of the trust and shall not constitute an asset of the Board for the general purposes of this Act. Section 24C inserted 17 December 1971 section 8 Maori Purposes Act 1971 24D: Board may take part in government schemes, etc 1: A Board may enter into any contract with, or accept grants or loans from, any government department or other instrument of the Crown, or any other organisation or agency approved by the Minister, for the purpose of any scheme relating to— a: the placement of Maori in industry and other forms of employment; and b: the education, vocational guidance, and training of Maori; and c: the provision of housing and the improvement of the living conditions of Maori; and d: the promotion of health among Maori; and e: the broadening of the Maori economic base through the provision of funds for lending to Maori for enterprise development; and f: the cultural, social, and economic development of Maori; and g: social welfare programmes for Maori. 2: In any case to which subsection (1) applies, the Board may do anything required of it by the terms of any contract or the conditions of any grant, notwithstanding any other provisions of this Act. Section 24D inserted 18 January 1989 Maori Trust Boards Amendment Act 1988 24E: Board may be appointed in place of committee of management A Board may accept appointment by the Maori Land Court under section 61(6)(c) of the Maori Affairs Amendment Act 1967 Section 24E inserted 18 January 1989 Maori Trust Boards Amendment Act 1988 24F: Board may contract to provide services to other bodies A Board may contract to provide administrative, secretarial, accounting, or other services to any Maori incorporation, trust, or other body if the shareholders, beneficiaries, or members of the incorporation, trust, or other body, or a majority of them, are beneficiaries of the Board. Section 24F inserted 18 January 1989 Maori Trust Boards Amendment Act 1988 25: Loans by Board In any case where a Board grants a loan to any person, it shall take such security and fix such terms and conditions in respect of the loan, and for the repayment of the principal sum and for the payment of interest thereon, as the Board decides at the time of the granting of the loan. 25A: Powers of Maori Trust Boards Any Board may from time to time, in its discretion, invest any of its funds not required for other purposes in accordance with the Trusts Act 2019 Section 25A inserted 1 December 1961 section 19(2) Maori Purposes Act 1961 Section 25A amended 30 January 2021 section 161 Trusts Act 2019 26: Power to acquire lands and to farm 1: Each Board may acquire any land or any interest in land, whether by way of purchase, lease, or otherwise and may sell, lease, sublease, or otherwise dispose of any such land or interest. 2: Each Board may: a: occupy and manage any land acquired under this section for farming, reclamation, or other purposes, or may permit any person to occupy any such land, whether for the purpose of farming or reclamation or for any other purpose: b: make any such land available for common use by Maoris for any purpose, or use it for the physical, social, moral, or pecuniary benefit of Maoris or for any purpose having for its object the benefit, betterment, or welfare of Maoris or the promotion of any tribal or communal object. 3: For the purpose of farming any land acquired under this section, each Board may, from time to time, purchase or otherwise acquire such stock, implements, and chattels as it deems necessary; and may sell or otherwise dispose of all or any stock, crops, produce, or chattels grown or held in the course of farming; and for the purpose of any such farming business may, from time to time, raise such money as it deems necessary on the security of any of its stock, crops, produce, or chattels. 4: A Board may appoint an agent to exercise on its behalf the powers conferred on it by paragraph (a) of subsection (2) to occupy and manage land for farming, reclamation, or other purposes, and the Board may authorise any such agent— a: to exercise such of the powers of the Board as the Board may from time to time in writing direct; and b: to receive, notwithstanding anything to the contrary in this or any other Act, money otherwise payable to the Board into an account kept by the agent, and, without further authority, to disburse any such money in the course of and for the purposes of the operations conducted by the agent. 5: Section 26(1) replaced 24 June 1996 Maori Trust Boards Amendment Act 1996 Section 26(4) inserted 1 December 1961 section 20(1) Maori Purposes Act 1961 Section 26(5) repealed 21 October 1982 Rural Banking and Finance Corporation Amendment Act 1982 27: Power to borrow money and guarantee loans a: borrow money from any bank, person, or body corporate on the security of a mortgage of or charge upon any lands vested in the Board, or a charge upon any money payable to the Board: b: guarantee to Her Majesty the Queen or to any other person or body corporate the repayment of any principal sum or interest thereon by any person. Section 27 amended 24 June 1996 Maori Trust Boards Amendment Act 1996 Accounts 28: Bank accounts 1: Subject to any express provisions in this or any other enactment, all money belonging to each Board shall, within 14 days of receipt, be paid into a bank account The [ name of Board 2: No money shall be withdrawn from a Maori Trust Board Account except with the authority of the Board and by cheque or other instrument Section 28(1) amended 24 June 1996 Maori Trust Boards Amendment Act 1996 Section 28(2) amended 23 November 1973 section 21(b) Maori Purposes Act (No 2) 1973 Section 28(2) proviso repealed 24 June 1996 Maori Trust Boards Amendment Act 1996 29: Minister may authorise countersigning officer Section 29 repealed 24 June 1996 Maori Trust Boards Amendment Act 1996 30: Books of account 1: Each Board shall cause full and accurate accounts to be kept of all money received and paid by it. 2: Any member or any duly authorised officer of a Board, or any person duly authorised in that behalf by the Minister, or any beneficiary, may at all reasonable times inspect the books of the Board and take copies of or extracts from them free of charge. 30A: Auditor-General to be auditor of Board Section 30A repealed 16 September 2011 section 7 Maori Trust Boards Amendment Act 2011 Annual reporting and other accountability requirements Heading inserted 16 September 2011 section 7 Maori Trust Boards Amendment Act 2011 31: Annual report (including financial statements) 1: After an accounting period ends, a Board must prepare an annual report on the Board's affairs during the accounting period. 2: The annual report for an accounting period must be prepared at least 1 month before the day on which the hui to present the report is to be held under section 23C 3: The annual report must include— a: financial statements for the Board for the accounting period; and b: the auditor's report on the financial statements. 4: The financial statements must comply with generally accepted accounting practice. 5: The financial statements and the annual report must be dated and signed on behalf of the Board by 2 members and the Secretary of the Board. 6: In this section,— financial statements section 6 generally accepted accounting practice section 8 Financial Reporting Act 2013 Section 31 replaced 16 September 2011 section 7 Maori Trust Boards Amendment Act 2011 Section 31(3)(a) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 31(6) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 31A: Annual budget Before the start of an accounting period, a Board must prepare a budget for the accounting period that states the Board's expected income and expenditure for the period. Section 31A inserted 16 September 2011 section 7 Maori Trust Boards Amendment Act 2011 31B: Audit requirements 1: A Board must— a: have its annual financial statements audited; and b: obtain the auditor's report on the financial statements. 2: The auditor must be a qualified auditor within the meaning of section 35 Financial Reporting Act 2013 3: See sections 37 to 39 Financial Reporting Act 2013 Section 31B inserted 16 September 2011 section 7 Maori Trust Boards Amendment Act 2011 Section 31B(2) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 31B(3) inserted 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 32: Annual report and budget must be provided to Minister 1: A Board must provide copies of the following documents to the Minister for his or her information: a: an annual report prepared under section 31 b: a budget prepared under section 31A 2: The copy of a document must be provided no later than 1 month after the document is prepared. Section 32 replaced 16 September 2011 section 7 Maori Trust Boards Amendment Act 2011 Miscellaneous 33: Minister may direct investigation of Board's affairs 1: The Minister may at any time direct the investigation of the affairs of any Board by some person appointed by him in that behalf. Any investigation so directed may extend generally over the affairs of the Board or may be confined to a particular matter or transaction. 2: Pending the completion of any investigation under this section, the Minister may, in his absolute discretion, give notice to the Board of the suspension of payments of public money 3: Any notice under subsection (2) may at any time be revoked by a subsequent notice. 4: Any notice under this section shall be served on the Secretary of the Board, and a copy of the notice shall be served on the Secretary to the Treasury. 5: While any notice under subsection (2) remains in force, no payment to the Board of public money authorised by this Act shall be made 6: Where an investigation of the affairs of a Board has been directed by the Minister under this section, the Board, and its members, servants, officers, and agents, shall supply to the person appointed to conduct the investigation all such information as may be required by him for the purpose of the investigation, and shall make available for his inspection all accounts, books, and other documents and records of the Board. 7: The person conducting the investigation shall, on its completion, report to the Minister who may, as in his opinion the circumstances require, do all or any of the following things, that is to say: a: recommend the removal from office of any member or members of the Board under section 16 b: require the Board to terminate the employment or appointment of any of its servants or officers: c: require the Board to exercise any power or do any act which it may lawfully exercise or do. 8: If within 1 month after the receipt by the Board of a requisition in writing by the Minister under paragraph (b) or paragraph (c) of subsection (7), the Board fails or neglects to comply with the requisition, or, having commenced any action required, at any time thereafter fails or neglects to complete the action to the satisfaction of the Minister, the Minister may, by writing under his hand, authorise some officer of the public service 9: Every act done pursuant to an authority given by the Minister under subsection (8) shall have the same force and effect as if it had been done by the Board concerned, and every instrument of alienation executed pursuant to any such authority shall have the same force and effect and may be registered in the same manner as if it had been lawfully executed by the Board. 10: Where during any investigation directed under subsection (1), a Board or any of its members, servants, officers, or agents fails or neglects to comply with the requirements of subsection (6), the Minister shall have and may exercise the powers conferred on him by subsections (7) and (8), notwithstanding that the investigation is not completed and that no report thereon has been delivered to the Minister. Section 33(2) amended 26 July 1989 section 86(1) Public Finance Act 1989 Section 33(5) amended 26 July 1989 section 86(1) Public Finance Act 1989 Section 33(8) amended 7 August 2020 section 135 Public Service Act 2020 34: Seals 1: The seal of each Board shall be such as is determined by the Board and approved by the Minister and shall be kept in the custody of the Chairman or of such officer of the Board as it may appoint for the purpose. 2: The seal of a Board shall not be affixed to any instrument except pursuant to a resolution of the Board and in the presence of the Secretary and 2 members; and those witnesses shall sign every instrument to which the seal of the Board is affixed in their presence. 35: Beneficiaries not to acquire vested interest No beneficiary shall acquire or be deemed ever to have acquired any interest, whether vested or contingent, or legal or equitable, in the assets of the Board of which he is a beneficiary. 36: Contracts of Board 1: Any contract which, if made between private persons, must be by deed shall, if made by a Board, be in writing under the seal of the Board. 2: Any contract which, if made between private persons, must be in writing signed by the parties to be charged therewith shall, if made by a Board, be in writing signed by 2 members and the Secretary of the Board on behalf of or by direction of the Board. 3: Any contract which, if made between private persons, may be made orally may be similarly made by or on behalf of a Board by any member or the Secretary, acting by direction of the Board, but no oral contract shall be made for any sum exceeding 10 pounds. 4: Notwithstanding anything to the contrary in the foregoing provisions of this section, no contract made by or on behalf of a Board shall be invalid by reason only that it was not made in manner provided by this section, if it was made pursuant to a resolution of the Board. 37: Members of Board not personally liable, and not debarred from benefits 1: No member of a Board shall be personally liable for any act or default done or made by the Board or by any member thereof in good faith in the course of the operations of the Board. 2: Notwithstanding any rule of law or equity to the contrary, no member of a Board shall be debarred by virtue of his membership from receiving any benefit from the Board's funds: provided that no money shall be applied by a Board, whether by way of grant or loan or in any other manner, for the exclusive benefit of any member, without the prior written approval of the Minister: provided also that no member of a Board shall take part in any discussion or vote on any resolution of the Board concerning the application of any such money for his exclusive benefit. 38: Mortgages to Boards Notwithstanding anything to the contrary in the Maori Affairs Act 1953 Part 19 39: Assignment of rents to Boards Nothing in the Maori Affairs Act 1953 40: Change of name not to affect rights or obligations 1: The changing by this Act of the name of any body corporate shall not affect any rights or obligations of the body corporate or render defective any legal proceedings by or against the body corporate and any legal proceedings that might have been continued or commenced by or against it under its former name may be continued or commenced by or against it under its new name. 2: Where the property of any body corporate of which the name is changed by this Act consists of land or any interest in land, or of any mortgage or encumbrance of land, any security over stock or chattels, any lien, bond, stocks, shares, debentures, or any like security, it shall be the duty of every Registrar of Deeds, District Land Registrar, Registrar of the High Court Section 40(2) amended 1 April 1980 section 12 Judicature Amendment Act 1979 41: Remuneration of members A Board may pay to its members remuneration for services provided as a member by way of— a: fees, salary, or allowances; and b: travelling allowances or expenses. Section 41 replaced 29 November 2022 section 25 Māori Purposes Act 2022 41A: Payments to Maori Trust Boards by Crown not to constitute income for taxation purposes 1: No money paid to a Maori Trust Board from public money Part 1 Income Tax Act 2007 Social Security Act 2018 2: The provisions of subsection (1) shall apply to all money paid or payable to the Tuwharetoa Maori Trust Board pursuant to section 10 Section 41A inserted 24 October 1957 section 14 Maori Purposes Act 1957 Section 41A(1) amended 26 November 2018 section 459 Social Security Act 2018 Section 41A(1) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 41A(1) amended 26 July 1989 section 86(1) Public Finance Act 1989 3: Elections Roll of beneficiaries 42: Boards to have rolls prepared 1: Each Board shall cause to be prepared a roll containing the names and addresses of all adult beneficiaries of the Board, and shall, from time to time, make all such additions and corrections to the roll as may be necessary. 2: Where pursuant to this Act beneficiaries of a Board are divided into different sections or divisions for the purpose of elections, the roll shall also show the section or division to which each beneficiary belongs. 3: Where any Parliamentary roll of electors contains sufficient information to identify the beneficiaries of any Board that Board may, with the approval of the Minister, use for the purposes of its roll under this section the appropriate Parliamentary roll of electors for the last preceding general election. 4: Where beneficiaries of a Board are divided into different sections or divisions for the purposes of elections, the manner in which any such section or division is to be determined in cases where a Parliamentary roll is used shall be stated in all advertisements and notices relating to the elections issued by the Board. 5: Where the beneficiaries of any Board are divided into sections or divisions for the purposes of elections, no person shall, except so far as may be prescribed by regulations under this Act, be eligible to belong to more than 1 section or division. 6: Where a person is qualified to belong to more than 1 section or division, he shall, when applying for enrolment, elect the section or division in which he wishes to be enrolled. Section 42(3) replaced 5 December 1962 Maori Trust Boards Amendment Act 1962 Section 42(4) inserted 5 December 1962 Maori Trust Boards Amendment Act 1962 Section 42(5) inserted 5 December 1962 Maori Trust Boards Amendment Act 1962 Section 42(6) inserted 5 December 1962 Maori Trust Boards Amendment Act 1962 43: Inclusion in roll onus of beneficiaries It shall be the responsibility of each adult beneficiary to ensure that his name is included in the roll and to supply to the Board his full postal address for the time being. 44: Initial preparation The initial preparation of the roll of beneficiaries shall be carried out in each case in a manner approved by the Minister in that behalf. 45: Inclusion in roll Each Board shall have jurisdiction to determine whether any person applying for inclusion in its roll of beneficiaries is qualified for inclusion, and to determine (where applicable) the section or division of beneficiaries in which he is entitled to be included. Nomination of members 46: Invitation of nominations 1: Not later than 4 months before the date on which the term of office of the members of a Board for the time being in office expires, the Secretary of the Board shall cause public notice to be given to beneficiaries of the Board of the fact that nominations are called for election to membership of the Board for the ensuing term, the method of lodging nominations, and the latest date, as fixed by section 47 2: Any such public notice shall be given in the following manner: a: by newspaper advertisement published on at least 2 consecutive days in a daily newspaper or newspapers circulating in the district or districts where the majority of the beneficiaries reside or in such daily newspapers as may be prescribed, in the case of any particular Board, by regulations under this Act; b: by notice in writing addressed to all Maori Committees, Maori Executive Committees, and District Maori Councils constituted under the Maori Community Development Act 1962 c: by such other means as the Board may determine. 3: Any such public notice shall also invite applications from qualified persons for inclusion of their names in the roll of beneficiaries, and shall set out the date upon which the roll closes for the election, being the same date as that fixed as the latest date for the lodging of nominations under section 47 Section 46(2)(b) amended 18 January 1989 Maori Trust Boards Amendment Act 1988 47: Making of nominations 1: The nomination of a candidate for election to membership of a Board shall be in writing signed by not less than 5 beneficiaries shown in the roll of beneficiaries as entitled to vote in respect of the election of that candidate. 2: The consent of each candidate to his nomination shall be endorsed on the nomination paper. 3: Nominations shall be lodged with the Secretary of the Board not later than 3 months before the day on which the term of office of the members for the time being in office expires. 4: 5: A candidate may at any time, by notice to the Board, withdraw his nomination. Section 47(4) repealed 1 October 1983 Maori Trust Boards Amendment Act 1983 48: Necessity for elections 1: If on the closing of nominations for election to membership of a Board the number of persons nominated for election to represent any section or division of the beneficiaries exceeds the number of appointments to be made in respect of that section or division, or, in the case of a Board of which the members represent the beneficiaries as a whole, the number of persons nominated exceeds the number of appointments to be made, an election or elections shall be held in accordance with the provisions of this Part, or of any regulations made in that behalf, as the case may be. 2: In any case where the number of nominations received is not such as to render an election or elections necessary under subsection (1), the persons nominated for election shall be deemed to have been duly elected as members of the Board in accordance with their nominations. 49: Names of persons elected to be transmitted to chief executive of the Ministry of Maori Development 1: The Secretary of each Board shall, not later than 20 days before the date of the expiry of the term of office of the members for the time being in office, forward to the chief executive of the Ministry of Maori Development 2: Where an election under this Part is held, the person or persons who have received the highest number of valid votes (not exceeding in number the number of members to be elected) shall, for the purposes of subsection (1), be deemed to be the person or persons elected. 3: If, on receiving under subsection (1) the names of the persons elected as members of the Board, the chief executive of the Ministry of Maori Development a: the name of any person has been included incorrectly, in that the person was not qualified to be, or was not duly, elected; or b: the name of any person has been excluded incorrectly, in that the person was qualified to be, and was duly, elected,— the chief executive Section 49 heading amended 1 January 1992 section 9(3)(b) Ministry of Maori Development Act 1991 Section 49(1) amended 1 January 1992 section 9(1) Ministry of Maori Development Act 1991 Section 49(3) inserted 18 January 1989 Maori Trust Boards Amendment Act 1988 Section 49(3) amended 1 January 1992 section 9(1) Ministry of Maori Development Act 1991 Election by postal ballot or electronic voting Heading amended 29 November 2022 section 26 Māori Purposes Act 2022 50: Elections to be by postal ballot or electronic vote unless regulations provide otherwise The election of candidates to membership of a Board must be by 1 or both of the following, as required by the Board, unless regulations made under this Act provide otherwise: a: postal ballot: b: electronic vote. Section 50 replaced 29 November 2022 section 27 Māori Purposes Act 2022 51: Ballot papers and electronic voting to be made available If an election is required by section 48 section 47 a: send a ballot paper to each beneficiary entitled to vote at the election, which sets out— i: the full names of each candidate for election; and ii: the method of marking the ballot paper to indicate the beneficiary’s preference; and iii: the postal or electronic address to which the ballot paper is to be returned; and iv: the latest time for its return; and b: for an election using electronic voting, make the electronic voting system available to each beneficiary entitled to vote at the election. Section 51 replaced 29 November 2022 section 28 Māori Purposes Act 2022 52: Returning Officer 1: The Minister may appoint any person, including the Secretary of the Board or an officer of the public service, as the Returning Officer for an election. 2: A beneficiary who casts a vote must send the ballot paper or electronic vote to the Returning Officer not later than 1 month before the date of expiry of the term of office of the members in office. Section 52 replaced 29 November 2022 section 29 Māori Purposes Act 2022 53: Results of voting 1: After the time fixed for the return of ballot papers and electronic votes has expired, the Returning Officer must count the votes validly cast for each candidate and communicate the results to the Secretary of the Board. 2: Each candidate may appoint 1 scrutineer to be present at the counting of the votes. Section 53 replaced 29 November 2022 section 30 Māori Purposes Act 2022 53A: Investigation of conduct and result of election 1: Where in the opinion of the Minister (whether based on a report under section 49(3) 2: On receiving any such application, the Judge shall fix a place, date, and time for the commencement of the investigation, and shall give notice of those matters, and of the purposes of the investigation, to the Secretary of the Board and to the Returning Officer. 3: The Judge may require the Secretary or the Returning Officer to produce all such enrolment applications, nominations, ballot papers, and other particulars relating to the election and under the control of the Secretary or the Returning Officer as the Judge may specify. 4: The Judge shall investigate each specific matter relating to the election as the Minister may require in the application, and may investigate any other matter relating to the election as appears to the Judge to warrant investigation. 5: If, after completing the investigation, the Judge is satisfied— a: that the election was conducted in accordance with the principles laid down in this Part; and b: that any irregularity, failure, or mistake that occurred in the conduct of the election did not affect the result of the election; and c: that the result of the election is clear,— the Judge shall declare the result of the election, and shall send to the Minister the names of the persons elected as members of the Board and, where necessary, the section or division of the beneficiaries that each such person is elected to represent. 6: If, after completing the investigation, the Judge is not satisfied of each of the matters specified in subsection (5), the Judge shall report his or her findings to the Minister, and recommend such action as the Judge thinks desirable, whether under section 55 section 55A 7: In any particular case, the Judge may, instead of dealing with the application under this section personally, appoint some other person, being a barrister or solicitor of the High Court of at least 7 years' standing, to conduct the investigation; and in any such case, the provisions of subsections (2) to (6) shall be read as if every reference to the Judge were a reference to that other person. Section 53A inserted 18 January 1989 Maori Trust Boards Amendment Act 1988 Minor irregularities at elections 54: Election not invalid by reason of certain irregularities An election under this Part shall not be invalid by reason of any irregularity in any of the proceedings preliminary to the voting, or by reason of any failure to hold an election at any place appointed for holding an election, or to comply with the directions contained in this Act or in regulations under this Act as to the conduct of elections or the counting of the votes, or by reason of any mistake in the use of the forms used at any such elections, if it appears that the election was conducted in accordance with the principles laid down in this Part, and that the irregularity, failure, or mistake did not affect the result of the election. 55: Validation of certain irregularities Where anything is omitted to be done or cannot be done at the time required by or under this Part, or is done before or after that time, or is otherwise irregularly done in matter of form, or sufficient provision is not made by or under this Part, the Governor-General may, by Order in Council published in the Gazette 55A: Invalid elections 1: Where in the opinion of the Governor-General irregularities have occurred in respect of any election under this Act which it would not be proper or desirable to validate under section 55 2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 55A inserted 5 December 1962 Maori Trust Boards Amendment Act 1962 Section 55A(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 4: Miscellaneous 56: Regulations 1: The Governor-General may from time to time, by Order in Council, make such regulations as are contemplated by this Act or as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof. 2: Any regulations made under this section may be of a general nature applying to all Maori Trust Boards, or may apply to 1 or more specified Boards. 3: Without limiting the general power hereinbefore conferred, it is hereby declared that regulations may be made under this section: a: fixing the number of members of any Board: b: providing for the representation of specific sections or divisions of the beneficiaries of a Board by individual members thereof: c: providing for the method of election by beneficiaries of a Board, of candidates for membership of the Board: d: limiting or regulating the rights of persons who do not reside in the appropriate area to stand for election, or to nominate any candidate for election, or to vote in an election. 3A: Any regulations made pursuant to subsection (3)(d) shall have effect according to their tenor notwithstanding anything to the contrary in this Act. 4: Regulations under this section are secondary legislation ( see Part 3 4: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 56(3)(d) inserted 18 January 1989 Maori Trust Boards Amendment Act 1988 Section 56(3A) inserted 18 January 1989 Maori Trust Boards Amendment Act 1988 Section 56(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 56(4) repealed 19 December 1989 section 11 Regulations (Disallowance) Act 1989 57: Repeals and savings 1: The enactments specified in the Schedule 2: Without limiting the provisions of Part 2 Section 57(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021

DLM293352

1955

Wills Amendment Act 1955

1: Short Title This Act may be cited as the Wills Amendment Act 1955. 2: Act to be read with the Wills Act 1837 1: This Act, and the Wills Act Amendment Act 1852 Imperial Laws Application Act 1988 Wills Act 1837 2: It is hereby declared that the provisions of the Acts Interpretation Act 1924 Parliament of New Zealand 1: Wills of servicemen and sailors 3: Interpretation In this Part of this Act, unless the context otherwise requires,— Allied armed force Commonwealth Emergency force section 8 Enemy the Defence Act 1990 Enemy: The Defence Act 1990, being the corresponding enactment in force, has been substituted Formal revocation section 9 Formal will section 9 Informal will section 9 New Zealand armed forces Armed Forces Discipline Act 1971 New Zealand armed forces: The definition of this term was substituted 1 December 1983 208(1) Armed Forces Discipline Act 1971 Prisoner of war Privileged person section 4 Naval Discipline Act: A definition of this term was repealed 1 December 1983 208(1) Armed Forces Discipline Act 1971 See 4: Persons who are privileged under this Part of this Act in respect of making wills Without restricting the powers conferred by the principal Act or any other enactment, it is hereby declared that every person, whether male or female, shall be a privileged person for the purposes of this Part of this Act at any material date, if at that date,— a: New Zealand is engaged in any war and the person is outside New Zealand as a member of the New Zealand armed forces or of any Commonwealth or Allied armed forces which was raised or partly raised in New Zealand; or b: The person is— i: A member of any emergency force; or ii: A member of any part of the New Zealand armed forces, or of any Commonwealth or Allied armed force, who is serving in operations against an enemy; or iii: A member of any armed force who is in actual military service or who is so circumstanced that if he were a soldier he would be in actual military service; or iv: A mariner or seaman who is at sea; or v: A prisoner of war who was a privileged person immediately before his capture or internment. Wills Act 1837 11 1916 No 13 s 34 SR 1939/276, reg 6 SR 1952/184, reg 4 5: Privileged persons may make informal wills 1: Subject to the provisions of this Part of this Act, any privileged person may make an informal will. 2: Without limiting the general power conferred by subsection (1) a: Dispose of the whole or any part of his real and personal estate which devolves in accordance with the law of New Zealand: b: Exercise any power of appointment that may in accordance with the law of New Zealand be lawfully exercised by a formal will: c: Revoke wholly or in part any previous formal or informal will: d: Appoint any person as guardian of his infant children: e: Make any other provision whatsoever which may lawfully be made by a formal will. 3: It is hereby declared that any privileged person may revoke any previous formal or informal will by any words whether written or spoken declaring an intention to revoke the same. 4: Subject to the provisions of this Part of this Act, all the provisions of the principal Act which have effect as part of the law of New Zealand (except section 9 5: Section 111 of the Maori Affairs Act 1953 section 114 of that Act 6: Notwithstanding anything to the contrary in any other enactment, an informal will may be proved upon such evidence as the Court may consider sufficient. 1916 No 13 s 34(1) SR 1939/276, regs 8, 9 In subsection (5), sections 111 and 114 of the Maori Affairs Act 1953 were repealed Maori Affairs Amendment Act 1967 As to the power of the Maori Trustee to elect to administer small estates without grant of administration of an informal will, see section 12A(7) of the Maori Trustee Act 1953. 6: Wills of minors who are or are about to become privileged persons and revocations thereof Notwithstanding anything to the contrary in section 2 Wills Amendment Act 1969 a: An informal will made by a privileged person who is under the age of 18 years b: A formal will made by a testator who is under the age of 18 years i: Is a privileged person; or ii: Has received orders to train for or join any emergency force; or iii: Has received orders to train for or join any part of the New Zealand armed forces, or of any Commonwealth or Allied armed force which was raised or partly raised in New Zealand, for service outside New Zealand in connection with any war in which New Zealand is engaged; or iv: Has received orders to train for or join any part of the New Zealand armed forces, or of any Commonwealth or Allied armed force, for service in operations against an enemy; or v: Has received orders to join any ship as a mariner or seaman; or vi: Is a member of the New Zealand Army or the Royal New Zealand Air Force and is deemed, under the Defence Act 1990 vii: Is a member of the Regular Field Force of the New Zealand Army: c: A formal revocation of a will which depends for its validity on this Part of this Act, or a burning, tearing, or other destruction of any such will by or by direction and in the presence of the testator with the intention of revoking the same, shall, notwithstanding that the formal revocation, burning, tearing, or other destruction is made or occurs, or the direction is given, while the testator is under the age of 18 years 1918 No 10 s 23 SR 1939/276, reg 3 SR 1952/184, reg 3 In the third line the words 2 of the Wills Amendment Act 1969 substituted seven of the principal Act 3(1)(a) Wills Amendment Act 1969 In paras (a), (b), and (c) the words 18 years substituted twenty-one years 3(1)(b) Wills Amendment Act 1969 In paragraph (b), the word or added Wills Amendment Act 1962 In paragraph (b)(vi) the Defence Act 1971, being the corresponding enactment in force at the date of this reprint, has been substituted 6A: Evidence of privilege, etc 1: A certificate in connection with any fact which has to be proved to establish that at any material date any person was a privileged person, or was entitled under paragraph (b) 18 years a: In the case of any person who at the material date was a member of the New Zealand Naval Forces those forces b: In the case of any person who at the material date was a member of the New Zealand Army, by an officer of that Army: c: In the case of any person who at the material date was a member of the Royal New Zealand Air Force, by an officer of that Air Force: d: In the case of any person who at the material date was a mariner or seaman on any ship or had received orders to join any ship as a mariner or seaman, by an officer on that ship. 2: Notice shall be taken judicially without further proof of the appointment and signature of any such officer. This section was inserted Wills Amendment Act 1962 In subsection (1) the words 18 years substituted twenty one years 3(1)(b) Wills Amendment Act 1969 In subsection (1)(a) the words New Zealand Naval Forces those forces substituted Royal New Zealand Navy that Navy Defence Act 1971 See 7: Modifications of principal Act in relation to wills of privileged persons 1: Nothing in section 15 wife, husband, civil union partner, or de facto partner 2: Notwithstanding anything to the contrary in section 20 18 years 3: Nothing in section 21 section 9 a: By the testator or by some person in his presence and by his direction; and b: While the testator was a privileged person, whether or not he had attained the age of 18 years Subsection (1) amended 26 April 2005 5 Wills Amendment Act 2005 by substituting the words wife, husband, civil union partner, or de facto partner wife or husband See section 8 In subsections (2) and (3) the words 18 years substituted 1 July 1978 21 years 4(1) Wills Amendment Act 1977 8: Declaration of emergency force The Minister of Defence may, by notice in the Gazette SR 1952/184, reg 2 9: Will by oral declaration to become void unless testator dies within 12 months 1: Where any testator who dies after the commencement of this Act has (whether before or after the commencement of this Act) made a valid informal will which has not been validly revoked and which was not either expressed in writing and signed by the testator, or wholly written by the testator, at a time when he could make a valid informal will, the will shall not have any force or effect unless,— a: In a case where the testator was a prisoner of war when he made the will or became a prisoner of war within 12 months after he had made the will, the testator dies while he is a prisoner of war or within 12 months after he ceased to be a prisoner of war: b: In any other case, the testator dies within 12 months after he made the will. 2: In this section the term will 1916 No 13 s 34(2) 10: Special provisions in respect of wills of seamen and naval ratings 1: Nothing in this Part of this Act shall affect the provisions of section 110 of the Shipping and Seamen Act 1952 2: The Minister of Defence, after considering a report from the Secretary of Defence High Court the Crown in respect of his service in the Naval Forces Provided that no such certificate shall be issued in respect of any will unless the Minister of Defence is satisfied that the validity of the will in respect of the said assets is to be determined according to the law of New Zealand. Navy and Marines (Wills) Act 1865, ss 5, 6 (UK) Navy and Marines (Wills) Act 1939, s 1 (UK) In subsection (2), the words Secretary of Defence substituted Naval Board of the New Zealand Defence Council Defence Act 1964 substituted any Naval Authority Defence Act 1971 substituted 12 Judicature Amendment Act 1979 11: Repeals, revocations, and savings 1: 2: For the avoidance of doubt it is hereby declared that the following enactments of the United Kingdom Parliament shall not have effect as part of the law of New Zealand: a: The Navy and Marines (Wills) Acts 1865 to 1939: b: Section 12 3: The War Legislation Amendment Act 1916 section 23 of the War Legislation and Statute Law Amendment Act 1918 4: The Soldiers' Wills Emergency Regulations 1939 Soldiers' Wills Emergency Regulations 1939, Amendment No 2 5: Except as provided in section 9 Provided that this Part of this Act shall apply, and the enactments mentioned in subsections (1) to (4) 6: The Kayforce Wills Notice 1953 section 8 2: Miscellaneous 12: Section 12 repealed 1 January 1970 3(1)(c) Wills Amendment Act 1969 13: Wills in contemplation of marriage 1: Notwithstanding anything in section 18 2: This section applies only to wills made on or after the 5th day of December 1944 (being the date of the passing of the Law Reform Act 1944 3: Section 39 Property Law Act 1952 1952 No 51 39 14: Law which determines validity of will of movable property 1: Every will and other testamentary instrument made out of New Zealand by any person (whatever may be his domicile at the time of making the same or at the time of his death) shall, as regards movable property, be held to be well executed for the purpose of being admitted in New Zealand to probate if made as required by— a: The law of the place where the person was domiciled at the time of his death; or b: The law of the place where the same was made; or c: The law of the place where the person was domiciled when the same was made; or d: The law in force when the same was made in the place where the person had his domicile of origin. 2: Every will and other testamentary instrument made within New Zealand by any person (whatever may be his domicile at the time of making the same or at the time of his death) shall, as regards movable property, be held to be well executed for the purpose of being admitted in New Zealand to probate if made as required by— a: The law of the place where the person was domiciled at the time of his death; or b: The law of New Zealand; or c: The law of the place where the person was domiciled when the same was made. 3: No will or other testamentary instrument of any person shall, so far as it relates to movable property in New Zealand, be held to be revoked or to have become invalid, nor shall the construction thereof be altered, by reason only of any subsequent change of domicile of the person making the same. 4: In this section— Land Movable property 5: This section shall apply to all wills made on or after the date of the commencement of this Act. The validity of all other wills shall be determined as if this section had not been passed. 6: Section 40 of the Administration Act 1952 1952 No 56 s 40 15: Declaration that certain spent provisions of principal Act shall cease to have effect as part of law of New Zealand It is hereby declared that sections 2 4 5 8 32 36 The words in square brackets were substituted and 32 Wills Amendment Act 1958 16: Statutory substitutional gift 1: Unless a contrary intention appears by the will, where any person is a child or other issue of the testator to whom (whether as a named or designated person or as a member of a class) any property is devised or bequeathed or appointed in terms that would enable that person to take the property for any estate or interest not determinable at or before the death of that person if that person survived the testator, and that person dies in the lifetime of the testator (whether before or after the testator makes the will) leaving any child or children living at the time of the death of the testator, the devise or bequest or appointment shall take effect as if the will had contained a substitutional gift devising or bequeathing or appointing the property to such of the children of that person as are living at the time of the testator's death and if more than one in equal shares. 2: Without restricting the manner in which a testator may show an intention to negative the operation of subsection (1) a: To a devise or bequest or appointment to any person which is in any way expressed to be conditional on the person being alive at or after the time of the death of the testator or any time or event which in the events that happen is subsequent to the time of the death of the testator; or b: Where any devise or bequest or appointment is in any way expressed to be conditional on the fulfilment of any other contingency and that contingency has not been fulfilled before the time of the testator's death. 3: Subsection (1) a: Any specific bequest or specific appointment of any personal chattels: b: Any devise or bequest or appointment to any person as one of 2 or more joint tenants. 4: In this section— Appointment appointed appointing Child a: In relation to a testator, means any child of the testator: b: In relation to any person to whom any property is devised or bequeathed or appointed as aforesaid, means a child of that person: In subsection (4) the definition of the term child was substituted 12(2) Status of Children Act 1969 issue (whether legitimate or illegitimate in any generation) omitted Issue In subsection (4) the definition of the term child was substituted 12(2) Status of Children Act 1969 (whether legitimate or illegitimate in any generation) omitted Personal chattels the Administration Act 1969 In subsection (4), in the definition of the term personal chattels, the Administration Act 1969, being the corresponding enactment in force, has been substituted Property 5: 6: This section shall not apply to any will made before the 1st day of January 1959. 7: For the purposes of the law of New Zealand, section 33 8: For the purposes of this section every will which is re-executed or confirmed or revived by any codicil shall be deemed to have been made at the time when it was first made, and not at the time when it was re-executed or confirmed or revived. This section was added Wills Amendment Act 1958 In subsection (3) the words Subsection (1) inserted Wills Amendment Act 1960 See section 3(1)(g) of the Simultaneous Deaths Act 1958. Subsection (5) repealed 1 January 1970 12(2) Status of Children Act 1969

DLM289716

1955

Maori Reserved Land Act 1955

1: Short Title and commencement 1: This Act may be cited as the Maori Reserved Land Act 1955. 2: This Act shall come into force on 1 January 1956. 2: Interpretation 1: In this Act, unless the context otherwise requires,— court Land Valuation Tribunal Tribunal Land Valuation Proceedings Act 1948 the Land Valuation Tribunal the Tribunal lessee Maori reserve Minister prescribed lease Schedule 2 reserved land settlement reserve township land Valuation Court High Court Land Valuation Proceedings Act 1948 2: Unless the context otherwise requires, terms and expressions that are defined in the Maori Affairs Act 1953 Section 2(1) Land Valuation Tribunal Tribunal inserted 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 2(1) Valuation Court replaced 1 April 1969 section 15 Land Valuation Proceedings Amendment Act 1968 Section 2(1) Valuation Court amended 15 August 1991 section 3(5) Judicature Amendment Act 1991 1: General provisions applicable to reserved land 3: Reserved land to be subject to this Act 1: All lands which immediately before the commencement of this Act were subject to the Maori Reserves Act 1882 Westland and Nelson Maori Reserves Act 1887 2: The lands referred to in the first column of Schedule 1 Māori Trustee 3: All lands, other than any land to which subsection (2) relates, which immediately before the commencement of this Act were subject to the provisions of the West Coast Settlement Reserves Act 1892 4: All lands which immediately before the commencement of this Act were subject to the provisions of the Maori Townships Act 1910 5: All land purchased or otherwise acquired by the Māori Trustee section 8 6: All land which is or becomes subject to the provisions of this Act shall, for the purposes of this Act, be deemed to be reserved land and shall vest, or continue to be vested, in the Māori Trustee Section 3(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 3(5) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 3(6) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 4: Governor-General in Council may declare land to be a Maori reserve 1: The Governor-General may, by Order in Council, declare any land which is vested in the Māori Trustee Māori Trustee 1A: An order under this section is secondary legislation ( see Part 3 2: Notwithstanding the provisions of any other enactment, where any land is declared to be a Maori reserve under this section, the land shall become subject to and be administered in accordance with the provisions of this Act, and any enactment applying particularly to the land shall cease to have any application in respect of that land. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 4(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 4(1A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 5: Trusts for reserved land 1: Subject to the provisions of this Act, all reserved land shall be held by the Māori Trustee 2: Subject to the provisions of this Act, each Maori reserve referred to in the first column of Schedule 1 Māori Trustee Section 5(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 5(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 6: Registration of Māori Trustee's 1: It shall be the duty of the Registrar-General of Land Māori Trustee Māori Trustee records of title Māori Trustee 2: Upon a request made to him in writing by the Māori Trustee Registrar-General of Land record of title Section 6 heading amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 6(1) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 6(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 6(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 6(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 7: Status of reserved land All reserved land shall, while it remains vested in the Māori Trustee Section7 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 8: General powers of Māori 1: Subject to the provisions of this Act, the Māori Trustee 2: Without limiting the generality of the authority conferred on him by subsection (1), and without restricting the exercise of any powers conferred on him by the Maori Trustee Act 1953 Māori Trustee a: from time to time survey and subdivide the land into suitable allotments and prepare the land for disposition: b: lay off and form roads and streets and dedicate such portions of any such land for roads and streets as he thinks fit: c: subject to the provisions of this Act, exercise all the powers and authorities conferred on leasing authorities by the Public Bodies Leases Act 1969 d: issue licences to take things from the soil on such terms and conditions as he thinks fit: e: issue to any person a licence to occupy on such terms and conditions as he thinks fit: f: acquire land, by purchase, gift, or otherwise, for use in relation to any reserved land, whether for the purpose of access or otherwise: g: sell or exchange any part of the land for the purpose of acquiring other land to be used in relation to, or in substitution for, the land disposed of: h: grant to any local authority or to any person, on such terms and conditions as he thinks fit, any easement or other right in, upon, through, over, or under the land. Section 8 heading amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 8(1) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 8(2) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 ection 8(2)(c) amended 1 January 1970 section 28(1)(a) Public Bodies Leases Act 1969 9: Power of Māori Trustee 1: Except as otherwise provided by this Act, the Māori Trustee 2: Where any reserved land which, by reason of its size, configuration, nature, or quality, cannot, in the opinion of the Māori Trustee Māori Trustee Māori Trustee 3: The power conferred on the Māori Trustee Māori Trustee Section 9 heading amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 9(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 9(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 9(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 9A: Sale of reserved land to lessees Section 9A repealed 10 October 1975 section 9(a) Maori Purposes Act 1975 9B: Powers of Maori Trustee in respect of leases Section 9B repealed 10 October 1975 section 9(a) Maori Purposes Act 1975 10: Alienation powers of equitable owners 1: The equitable owner of a freehold interest in reserved land shall have power to deal with the interest in any of the following ways: a: he may dispose of the interest by will: b: c: d: he may agree to the vesting of the interest by order of the court under section 213 of the Maori Affairs Act 1953 (as substituted by section 90 of the Maori Affairs Amendment Act 1967)— i: in accordance with the provisions of subsection (4) of the said section 213 ii: to any other person having a beneficial freehold interest in the same land; or iii: to his spouse, civil union partner, de facto partner, provided that for the purposes of this paragraph the illegitimacy of any person shall not be deemed to affect the natural blood relationship subsisting between him and any other person: e: he may assign the interest by way of security in accordance with the provisions of section 10A f: he may exercise in respect of an interest in township land a vote on any proposal submitted to a meeting of the assembled owners of the land as provided by section 86 2: For the purposes of subsection (1), the term equitable owner Māori Trustee 3: Except as provided in this section the equitable owner of a beneficial freehold interest in reserved land shall have no power to deal with his interest. 4: A meeting of the assembled owners of any reserved land summoned and held in accordance with the provisions of Part 23 of the Maori Affairs Act 1953 may pass a resolution under paragraph (f) of subsection (1) of section 315 of that Act, and the provisions of that Part shall apply accordingly. Section 10 replaced 1 April 1968 Maori Affairs Amendment Act 1967 Section 10(1)(b) repealed 14 December 1976 section 24(5) Maori Purposes Act 1976 Section 10(1)(c) repealed 10 October 1975 section 9(a) Maori Purposes Act 1975 Section 10(1)(d)(iii) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 10(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 10(4) inserted 27 November 1970 section 14(1) Maori Purposes Act 1970 10A: Registration of security 1: An assignment by way of security of the equitable and beneficial freehold interest in reserved land of any person may be effected by the registration in the Maori Land Court of a memorial of assignment in the prescribed form, executed by the owner of the interest as assignor. 2: On production of any such memorial and payment of the prescribed fee, the Registrar of the Maori Land Court shall register the same by making a note thereof in the court's records of equitable ownership of the reserved land concerned. 3: The assignment of any interest as aforesaid shall vest in the assignee the right to receive during the currency of the assignment any money payable by the Māori Trustee 4: On written application by the assignee, and on payment of the prescribed fee, the Registrar shall cancel the entry in the court's records relating to any such assignment. 5: On application by the assignor and on being satisfied that the obligation secured by the assignment has been duly met, the court shall direct the Registrar to cancel the entry relating to the assignment. 6: On application by the assignee, the court may by order vest in the assignee absolutely the assigned interest or such part of it as in the court's opinion is sufficient to discharge the obligation of the assignor to the assignee. Before making any order under this subsection, the court shall be satisfied as follows: a: that reasonable notice of the hearing of the application has been given to the assignor or his representative; and b: that notice requiring the assignor to remedy default in meeting his obligation secured by the assignment and intimating an intention to proceed under this subsection failing remedy of the default by a date not less than 2 months after the date of the notice was served on the assignor or his representative and the default has not been remedied. 7: The court may with or without conditions waive any requirement under subsection (6) for the service of any notice upon the assignor or his representative if it is satisfied that his whereabouts are unknown. Section 10A inserted 1 April 1968 Maori Affairs Amendment Act 1967 Section 10A(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 11: Court may determine beneficial owners of reserved land 1: On application made to it in that behalf by the Māori Trustee 2: In hearing and determining any such application the court shall, except so far as the ownership of the land affected thereby is proved to the satisfaction of the court to be a matter of record, proceed as if it were hearing and determining an application for the investigation of the title to Maori customary land pursuant to the provisions of Part 14 of the Maori Affairs Act 1953. Section 11(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 12: Court may define trusts 1: Where any reserved land is vested in the Māori Trustee Māori Trustee 2: In hearing and determining any application under this section, the court shall be guided by reference to the original object or purpose for which the reserved land was set apart, but shall declare such trusts as may seem to it to be appropriate to any changed circumstances since the reserved land was set apart. 3: Nothing in this section shall be so construed as to limit or affect the right of the Māori Trustee High Court Section 12(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 12(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 12(3) amended 1 April 1980 section 12 Judicature Amendment Act 1979 13: Court may partition reserved land 1: Notwithstanding anything contained in Maori Affairs Act 1953, the court shall have jurisdiction, on the application of the Māori Trustee 2: Subject to the provisions of subsection (3), every such partition made by the court shall affect only the equitable estate of the beneficial owners. 3: Where the land comprised in a partition order is not subject to a lease renewable in perpetuity, or, if being so subject, the lease is held by a person in whose favour the partition order has been made, the Registrar-General of Land Māori Trustee record of title record of title record of title Section 13(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 13(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 13(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 14: Court may vest reserved land in beneficial owners 1: On application made to it by the Māori Trustee Māori Trustee 2: On the making of any order under this section, the land affected by the order shall cease to be subject to this Act (except Part 1 3: The Registrar-General of Land records of title 4: The rights, duties, and obligations of the Māori Trustee Māori Trustee 5: Notwithstanding the foregoing provisions of this section, the court, if it thinks fit, instead of vesting land in the beneficial owners, may make an order in terms of section 438 of the Maori Affairs Act 1953 vesting the land in a trustee or trustees (including, if the court thinks fit, a Maori Trust Board under the Maori Trust Boards Act 1955 Section 14(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 14(2) amended 1 January 1998 section 33 Maori Reserved Land Amendment Act 1997 Section 14(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 14(4) inserted 10 October 1975 section 10 Maori Purposes Act 1975 Section 14(4) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 14(5) inserted 10 October 1975 section 10 Maori Purposes Act 1975 15: Exchange of interests 1: With the consent of the Māori Trustee 2: Any exchange order made for the purpose of this Act shall have effect in all respects as if it were an exchange order made to give effect to an exchange under Part 17 of the Maori Affairs Act 1953, and the provisions of that Part shall apply to any such exchange order. Section 15(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 15A: Constitution of Maori incorporations to administer reserved land 1: The Governor-General may from time to time, by Order in Council, constitute the beneficial owners of any 1 or more parcels of reserved land, a Maori incorporation under Part 4 of the Maori Affairs Amendment Act 1967, from a date to be specified in the order. Every such Order in Council shall specify the objects for which the incorporation is constituted and shall take effect according to its tenor as if an order of incorporation under section 29 of that Act had been made in respect of the land by the court, and, except as otherwise provided in this section, all the provisions of Part 4 of that Act (including section 28 2: On application by the Māori Trustee 3: The chairman of the meeting held pursuant to subsection (2) shall report the results of the meeting to the court and shall apply to the court to fix the number of members of the committee of management and appoint members accordingly. 4: Notwithstanding the provisions of Part 4 of the Maori Affairs Amendment Act 1967, the fee simple of the land specified in any Order in Council made under subsection (1) shall not by reason of that order or the constitution of the incorporation pass to the incorporation, but the incorporation shall be entitled to have that land transferred to it in accordance with subsection (6). All land so transferred shall, on the registration of the transfer, cease to be reserved land within the meaning of this Act. 5: Where the beneficial owners of any reserved land are constituted under this section as a Maori incorporation, the Māori Trustee Māori Trustee 6: The Māori Trustee Māori Trustee 7: All land transferred to a Maori incorporation pursuant to this section and all land subsequently vested in the incorporation by whatever means shall, whatever its status immediately before the transfer or vesting, be, in the hands of the incorporation, Maori freehold land as if a declaration to that effect had been made by the court under section 31(3) of the Maori Affairs Amendment Act 1967 8: The Registrar of the Maori Land Court shall in respect of each incorporation constituted pursuant to this section make the necessary entries in the register of Maori incorporations kept by him pursuant to section 64 of the Maori Affairs Amendment Act 1967. 9: The provisions of section 14(4) 10: Every memorandum of transfer from the Māori Trustee 11: 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 15A inserted 10 October 1975 section 11 Maori Purposes Act 1975 Section 15A(1) amended 14 December 1979 section 17 Maori Purposes Act 1979 Section 15A(1) amended 16 October 1978 section 7 Maori Purposes Act 1978 Section 15A(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 15A(5) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 15A(6) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 15A(10) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 15A(11) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 2: Succession to and disposal of beneficial interests in reserved land 16: Persons entitled to succeed deceased owner The persons entitled on the death of any person, whether testate or intestate, to succeed to his beneficial freehold interest in any reserved land shall be determined in all respects as if the deceased were a Maori and as if any such interest were an interest in Maori freehold land. 17: Title of successors 1: On the death of any person, whether a Maori or a European who has died before 1 April 1968 2: On the making of a vesting order under this Part in respect of any such interest, the title of the person in whose favour the vesting order is made shall relate back to and be deemed to have arisen immediately upon the death of the deceased owner from whom the interest was derived, as if there had been no interval of time between his death and the making of the vesting order. 3: The provisions of this Part shall be read subject to the provisions of Part 5 of the Maori Affairs Amendment Act 1967 1975 Section 17(1) amended 1 April 1968 Maori Affairs Amendment Act 1967 Section 17(3) inserted 1 April 1968 Maori Affairs Amendment Act 1967 Section 17(3) amended 20 October 1972 Maori Purposes Act 1972 18: Court to determine successors 1: On application made to it by any person interested or by the Registrar or the Māori Trustee beneficiaries 2: Where any beneficial freehold interest in reserved land has been devised by will to a trustee other than a bare trustee, the trustee shall, for the purposes of this section, be deemed to be the beneficiary. 3: Every determination made for the purposes of this section shall be recorded in the minutes of the court, but, notwithstanding the provisions of section 34 of the Maori Affairs Act 1953 Section 18(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 19: Uneconomic interests defined Section 19 repealed 1 April 1968 Maori Affairs Amendment Act 1967 20: Disposition of interests of deceased owner 1: When the court has ascertained the beneficiaries and has defined their relative shares in accordance with section 18 2: Where any beneficial freehold interest in reserved land has been devised by will to a trustee other than a bare trustee, the trustee shall, for the purposes of this section, be deemed to be the beneficiary, and the existence of the trust shall be set forth on the face of the order by reference to the will of the deceased. 3: 3A: On any proceedings for an order vesting an interest in the beneficiary, the court may exercise any of the powers conferred on it by section 136 of the Maori Affairs Act 1953 4: 5: Section 20(1) replaced 1 April 1968 Maori Affairs Amendment Act 1967 Section 20(3) repealed 1 April 1968 Maori Affairs Amendment Act 1967 Section 20(3A) inserted 28 October 1960 section 22(2) Maori Purposes Act 1960 Section 20(4) repealed 1 April 1968 Maori Affairs Amendment Act 1967 Section 20(5) repealed 1 April 1968 Maori Affairs Amendment Act 1967 21: Acquisition of uneconomic interests by Maori Trustee Section 21 repealed 1 April 1968 Maori Affairs Amendment Act 1967 22: Maori Trustee may purchase interests by agreement Section 22 repealed 1 April 1968 Maori Affairs Amendment Act 1967 23: Money to be paid from conversion fund Section 23 repealed 14 December 1976 section 24(4)(c) Maori Purposes Act 1976 24: Application of revenues from interests acquired Section 24 repealed 1 April 1968 Maori Affairs Amendment Act 1967 25: Succession fee payable on interests in reserved land 1: No interest in any reserved land possessed by any Maori or descendant of a Maori who has died before 1 April 1968 Māori Trustee section 131 of the Maori Affairs Act 1953 2: Except as otherwise provided in this Part, none of the provisions of Part 12 or Part 13 of the Maori Affairs Act 1953 Section 25(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 25(1) amended 1 April 1968 Maori Affairs Amendment Act 1967 3: Provisions with respect to leases of Maori reserves and township land 26: Māori Trustee 1: The Māori Trustee 2: In the exercise of the power conferred by this section, the Māori Trustee Section 26 heading amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 26(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 26(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 27: Conversion of leases of Maori reserves or township land 1: The Māori Trustee provided that where the subsisting lease is subject to a mortgage, no surrender of that lease shall be accepted by the Māori Trustee 2: Where a lease which does not confer on the lessee a right of renewal in perpetuity or a right to compensation for improvements is surrendered under this section, the lessee shall pay to the Māori Trustee Māori Trustee Māori Trustee as estimated by a registered valuer section 45 of the Valuation of Land Act 1951 by a registered valuer Māori Trustee Section 27(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 27(1) proviso amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 27(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 27(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 28: Optional rights on renewal of leases 1: Notwithstanding the terms relating to the renewal of any subsisting lease of any Maori reserve or township land which is renewable in perpetuity, the Māori Trustee 2: Notwithstanding the terms relating to the renewal of any subsisting lease of any Maori reserve or township land which is renewable in perpetuity, the lessee may require the Māori Trustee Māori Trustee 3: If any dispute arises between the Māori Trustee form A form B Māori Trustee 4: Where any subsisting lease is subject to a mortgage, no prescribed lease shall be granted by the Māori Trustee Section 28(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 28(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 28(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 28(4) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 29: Terms of prescribed lease may be modified by agreement Māori Trustee Section 29 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 29 amended 1 January 1998 section 33 Maori Reserved Land Amendment Act 1997 30: Valuations for rent fixation 1: Subject to Part 1 2: In any case to which subsection (1) applies, a registered valuer Māori Trustee the registered valuer Section 30(1) amended 1 January 1998 section 33 Maori Reserved Land Amendment Act 1997 Section 30(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 30(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 31: Valuation certificates to be prepared 1: On the completion of a special valuation under section 30 registered valuer a: the name of the lessee; b: the area of the land comprised in the lease, and a description of the land sufficient to identify it; c: the total value of all improvements in existence on the land; d: the unimproved value of the land; e: the capital value of the land; and f: the date at which the valuation is made. 2: Every certificate prepared by the registered valuer Section 31(1) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 31(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 32: General provisions as to valuations 1: In determining the capital value or the unimproved value of any land for the purposes of a special valuation under this Part, the registered valuer registered valuer Valuation of Land Act 1951 2: In respect of any such special valuation, the sum of the amount of the unimproved value and the amount of the value of improvements shall always be equal to the amount of capital value, and, in ascertaining the unimproved value or the value of improvements, the registered valuer 3: The fee fixed by the registered valuer Māori Trustee Māori Trustee Section 32(1) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 32(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 32(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 32(3) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 32A: Special valuations made on or after 1 July 1998 1: This section applies on and after 1 July 1998 to any case where— a: this Part or any lease to which this Part applies requires or provides for any special valuation to be made under this Part; and b: the Valuer-General has not made the valuation concerned before 1 July 1998;— and this Part, and any lease to which this Part applies, are to be read accordingly with any necessary modifications and as if any references to the Valuer-General were references to a registered valuer. 2: In the case of any special valuation under this Part to which this section applies, the valuation is to be made not by the Valuer-General but by a registered valuer chosen in accordance with the following provisions: a: the Māori Trustee section 14(4) i: nominate a registered valuer to conduct the valuation; and ii: notify the lessee in writing of the name of the registered valuer: b: if the lessee does not object to the registered valuer within 14 days after being notified of the nomination, that valuer may conduct the valuation: c: if the lessee does object within 14 days after the notification, and no agreement as to who should conduct the valuation can be reached, the valuation is to be conducted by a registered valuer nominated by the President of the New Zealand Institute of Valuers. Section 32A inserted 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 32A(2)(a) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 33: Notice of valuation and right of objection thereto 1: The Māori Trustee Land Valuation Tribunal section 30 2: As soon as practicable after making any special valuation under section 30 Māori Trustee registered valuer Māori Trustee section 31 Māori Trustee 3: The Māori Trustee 4: In every notice given by the Māori Trustee Māori Trustee District Court 5: Nothing in this section shall be construed to prevent the Māori Trustee Māori Trustee Māori Trustee District Court 6: If the lessee or the Māori Trustee Māori Trustee District Court 7: Every objection filed as aforesaid shall specify the several items to which the objection relates, and, with respect to each item, shall specify the grounds of the objection. 8: On the filing of any such objection by the lessee, the Registrar of the District Court Māori Trustee registered valuer who conducted the special valuation objected to Māori Trustee registered valuer who conducted the special valuation objected to 9: For the purposes of this section, the expression appropriate office of the District Court section 2 Section 33(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 33(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 33(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 33(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 33(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 33(4) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 33(4) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 33(5) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 33(5) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 33(6) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 33(6) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 33(8) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 33(8) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 33(8) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 33(9) replaced 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 33(9) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 34: Rents under renewable leases 1: Subject to Part 1 form A section 31 Land Valuation Tribunal 2: Subject to Part 1 form B section 31 Land Valuation Tribunal provided that the rent in respect of any renewed term shall not, subject to the provisions of section 36 section 35 Section 34(1) amended 1 January 1998 section 33 Maori Reserved Land Amendment Act 1997 Section 34(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 34(2) amended 1 January 1998 section 33 Maori Reserved Land Amendment Act 1997 Section 34(2) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 35: Minimum annual rent in leases of rural land 1: For the purposes of this Part the annual rent payable in respect of the last preceding term of a lease referred to in subsection (2) of section 34 2: Where, for the purposes of this Part, it is necessary to ascertain the minimum annual rent of any land which is part only of the land comprised in a lease, the Māori Trustee Māori Trustee Section 35(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 36: Annual rent where minimum reduced because of uncontrollable deterioration Where, pursuant to the provisions of section 53 Land Valuation Tribunal Land Valuation Tribunal Section 36 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 37: Lessee may require Māori Trustee Where the lessee under a lease in form B Māori Trustee Māori Trustee Land Valuation Tribunal section 53 Section 37 heading amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 37 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 37 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 38: Procedure when lessee does not accept renewal of a lease Where the lessee elects not to accept a renewed term of a lease which is renewable in perpetuity, whether or not that lease is a prescribed lease, or fails to execute a memorandum of lease or a memorandum of extension of lease within 1 month after the same is tendered to him for the purpose, the right to a new lease of the land shall, as soon as practicable, be submitted to public competition by public tender, subject to the following terms and conditions: a: the upset rent shall be the rent fixed for the term in accordance with the provisions of this Part or of the lease, as the case may require: b: the amount of the upset rent, and the value of improvements as fixed by the special valuation under section 30 c: the outgoing lessee shall be entitled to tender: d: the highest tender (being not less than the upset rent) shall be accepted: e: the successful tenderer, not being the outgoing lessee, shall, within 14 days after notice has been given to him that he has been declared the purchaser of the aforesaid right, pay to the Māori Trustee f: except in cases where the outgoing lessee is the purchaser, the Māori Trustee g: if, in any case where the purchaser is a person other than the outgoing lessee, any of the said improvements have been destroyed or appreciably damaged or depreciated, the value of the improvements so destroyed or, as the case may be, the cost of repairing or restoring any improvements so damaged or depreciated shall be determined by agreement between the Māori Trustee Land Valuation Tribunal Māori Trustee Māori Trustee Māori Trustee Section 38(e) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 38(f) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 38(g) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 38(g) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 39: Procedure where right to new lease not purchased 1: If the right to a new lease is not purchased under section 38 Māori Trustee Māori Trustee Māori Trustee section 38 2: Where a right to a new lease has been submitted to public competition by public tender under this section, and the amount received by the Māori Trustee Māori Trustee section 38 Section 39(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 39(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 40: Date of commencement of new lease when offered for public competition In offering for public competition the right to a new lease, the Māori Trustee Section 40 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 41: Until new lease commences, former lease deemed to continue Until the date of commencement of a new lease granted under section 38 section 39 Section 41 amended 1 July 2003 section 137(1) Local Government (Rating) Act 2002 42: Rights where lessee does not elect to take a renewable lease in prescribed forms 1: Subject to the provisions of this Act, every lessee who holds under a renewable lease of any Maori reserve or township land and who elects not to take, in accordance with the provisions of section 28 2: Where in any subsisting renewable lease there is a provision to the effect that the ground rent for a renewed term shall be ascertained by a valuer appointed by the Māori Trustee Māori Trustee section 82 3: In granting a renewed term of any lease to which the provisions of subsection (2) are applicable the Māori Trustee Section 42(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 42(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 42A: Surrender of leases 1: Notwithstanding the foregoing provisions of this Act, the Māori Trustee 2: Any surrender of lease may be upon such terms and conditions as the Māori Trustee provided that, where the subsisting lease is subject to a mortgage, no surrender of that lease shall be accepted by the Māori Trustee 3: Upon surrender of any lease under this section, the Māori Trustee Section 42A inserted 19 January 1981 section 6 Maori Purposes Act 1980 Section 42A(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 42A(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 42A(2) proviso amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 42A(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Jurisdiction of Land Valuation Tribunal Heading amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 43: Objections to valuations All objections to valuations made under section 30 Land Valuation Tribunal Section 43 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 44: Hearing and determinations of objections 1: In hearing and determining any objection, the Land Valuation Tribunal Valuation of Land Act 1951 2: If, on the hearing of any objection, the Land Valuation Tribunal Section 44(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 44(2) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 45: Proceedings in relation to destroyed or damaged improvements Any proceedings brought under section 38 Māori Trustee Māori Trustee Māori Trustee Section 45 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 46: Notification of amendments The Registrar of the District Court Māori Trustee Tribunal registered valuer who conducted the special valuation objected to Tribunal Tribunal Māori Trustee section 47 Tribunal Section 46 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 46 amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 46 amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 46 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 47: Appeal to High Court Tribunal's 1: Within 2 months after the date of the receipt of the notice given under section 46 Māori Trustee Tribunal 2: Every such appeal shall be by way of rehearing. Section 47 heading amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 47 heading amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 47(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 47(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 48: Appeals by notice of motion 1: Every appeal to the Valuation Court shall be brought by notice of motion filed in the office of the District Court 2: Where the appeal is from part only of the Tribunal's Section 48(1) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 48(2) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 49: Service of notice of motion A copy of the notice of motion shall be served by the lessee on the Māori Trustee Māori Trustee Māori Trustee registered valuer who conducted the special valuation objected to Section 49 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 49 amended 1 July 1998 section 54(1) Rating Valuations Act 1998 50: Cross appeals 1: It shall not be necessary for the Māori Trustee Māori Trustee Tribunal 2: The omission to give any such notice within a reasonable time shall not diminish the powers of the Valuation Court, but may, at the discretion of the court, be a ground for the adjournment of the appeal or for a special order as to costs. Section 50(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 50(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 51: Chairman of Tribunal 1: On the filing of a notice of motion on appeal under this Part, the Chairman of the Land Valuation Tribunal Tribunal Tribunal's 2: A copy of any report so prepared shall be transmitted by the Registrar of the Valuation Court to the Māori Trustee registered valuer who conducted the special valuation objected to Section 51 heading amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 51(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 51(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 51(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 52: Court may affirm or vary determination 1: On the hearing of any appeal under this Part the Valuation Court may affirm, vary, or annul the determination appealed against and may make any such other order as it considers just in the circumstances. 2: Where the Valuation Court makes any alteration in a valuation it shall make all such consequential amendments as are necessary for the purpose of fixing the capital and unimproved values and the values of improvements. 3: The provisions of section 46 Māori Trustee Section 52(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 53: Determination as to uncontrollable deterioration 1: Any reference to the Land Valuation Tribunal section 37 Māori Trustee 2: Every such application shall be heard and determined by the Land Valuation Tribunal, and that Tribunal 3: For the purposes of any determination under this section the Land Valuation Tribunal provided that in fixing the amount to represent the deterioration in the quality of the land the Tribunal 4: In any proceedings under this section the onus of proving that the quality of the land has deteriorated through causes not reasonably within the control of the lessee or any former lessee, and the extent of that deterioration, shall be on the lessee. Section 53(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 53(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 53(2) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 53(3) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 53(3) proviso amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 54: Costs The Land Valuation Tribunal Section 54 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 55: Ordinary practice and procedure to apply Subject to the foregoing provisions of this Part, the practice and procedure of the Land Valuation Tribunal Land Valuation Proceedings Section 55 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 55 amended 1 April 1969 section 3(3) Land Valuation Proceedings Amendment Act 1968 56: Valuer-General's right of audience 1: In any proceedings taken in the Land Valuation Tribunal a registered valuer the registered valuer 2: Any expenses incurred by the Valuer-General in respect of any proceedings under this Part in the Land Valuation Tribunal commenced before 1 July 1998 Section 56(1) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 56(1) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 56(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 56(2) amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 57: Land Valuation Tribunal Subject to the provisions of this Part, no proceedings in respect of any matter, provision for the hearing and determination of which is made by this Act shall be brought otherwise than before a Land Valuation Tribunal section 18 Proceedings Section 57 heading amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 57 amended 1 September 1977 section 6(6) Land Valuation Proceedings Amendment Act 1977 Section 57 amended 1 April 1969 section 3(3) Land Valuation Proceedings Amendment Act 1968 4: Provisions with respect to leases of settlement reserves 58: Interpretation In this Part, unless the context otherwise requires,— Committee renewable lease section 61 59: Māori Trustee The Māori Trustee Section 59 heading amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 59 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 60: Renewal of subsisting leases Subject to the provisions of this Act, every lessee who holds under a renewable lease of a settlement reserve shall, if he is in no way in default in respect of his duties and obligations under his lease, be entitled to have his lease renewed as nearly as may be in accordance with the terms, covenants, and conditions of the lease for the last expired term. 61: Renewable leases Except so far as may be otherwise provided therein, every lease of a settlement reserve which is subsisting at the commencement of this Act and which confers on the lessee a right of renewal shall be renewable for periods of 21 years in perpetuity in accordance with the provisions of this Part. 62: Minimum annual rent 1: For the purposes of this Part the expression minimum annual rent section 63 a: in relation to any renewable lease the original term of which commenced before 1 January 1913, and which before the commencement of this Act has been renewed for 1 or more terms, the annual rent reserved by the lease at the commencement of the term of years created on the first renewal thereof: b: in relation to any renewable lease the original term of which commenced after 31 December 1912, the annual rent reserved by the lease at the commencement of the original term thereof. 2: For the purposes of this section, the expired term of any renewable lease which has been surrendered or otherwise determined and the term of any lease (whether as to the whole or portion of the land comprised in the surrendered or determined lease) granted in substitution for the surrendered or determined lease, shall be reckoned together as 1 term. 3: Where for the purposes of this Part it is necessary to ascertain the minimum annual rent in respect of the land in a lease which is part only of the land which was comprised in the original lease at the commencement of the first term thereof or at the commencement of a subsequent renewal thereof, as the case may require, the Māori Trustee Māori Trustee Section 62(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 63: Minimum rent in cases of uncontrollable deterioration 1: Where the Committee has, pursuant to the provisions of section 75 subsection (2) of the said section 75 2: Where the annual rent for any lease is fixed pursuant to this section, the rent shall, notwithstanding anything contained in section 62 64: Valuations for renewal of leases 1: Not earlier than 1 year and not later than 6 months before the expiry of the term of any renewable lease, the Māori Trustee where section 14(4) 2: For the purpose of the valuation, the Māori Trustee section 14(4) a: nominate a registered valuer to conduct the valuation; and b: notify the lessee in writing of the name of the registered valuer. 3: If the lessee does not object to the registered valuer within 14 days after being notified of the nomination, that valuer may conduct the valuation. 4: If the lessee does object within 14 days after the notification, and no agreement as to who should conduct the valuation can be reached, the valuation is to be conducted by a registered valuer nominated by the President of the New Zealand Institute of Valuers. Section 64 replaced 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 64(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 64(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 65: Certificate of valuation to be prepared 1: On the making of a special valuation as aforesaid the registered valuer a: the name of the lessee; b: the situation, description, and area of the land; c: the nature and value of improvements thereon; d: the unimproved value of the land; and e: the capital value of the land. 2: For the purposes of this section the expressions improvements value of improvements unimproved value capital value Valuation of Land Act 1951 (as in force before its repeal by section 53 section 64 3: Notwithstanding anything contained in any other Act or rule of law, the expressions improvements unimproved value Valuation of Land Act 1951 Section 65(1) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 65(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 66: Notice of valuations and right of objection thereto 1: The registered valuer must provide both the Māori Trustee section 65 2: Where the Māori Trustee the Committee the Committee Māori Trustee Māori Trustee 3: If within the said period of 2 months the Māori Trustee Māori Trustee Section 66(1) replaced 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 66(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 66(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 66(2) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 66(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 67: Where no objection lodged, renewal to be offered to lessee 1: If no objection is made to the special valuation within the said period of 2 months, the Māori Trustee 2: Where the annual rent calculated at the rate of 5% of the unimproved value of the land as determined by the special valuation is less than the minimum annual rent, the lessee, in electing to take a renewal of his lease, may require the Māori Trustee Māori Trustee section 75 3: If the lessee fails within the said period of 1 month to give to the Māori Trustee Māori Trustee Section 67(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 67(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 67(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 68: Procedure after objection determined 1: The Māori Trustee 2: The provisions of subsections (2) and (3) of section 67 section 69 Māori Trustee Section 68(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 68(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 69: Procedure where lessee does not accept renewal Where the lessee elects not to accept a renewal of his lease, or fails to execute a memorandum of lease or a memorandum of extension of lease, as the case may be, within 14 days after the same has been tendered to him for the purpose, the right to a renewable lease of the land shall, as soon as practicable, be put up to public competition by public tender in the manner provided by section 38 sections 39 40 41 Jurisdiction of Valuation Appeal Committee 70: Valuation Appeal Committee 1: There is hereby constituted for the purposes of this Part a committee to be known as the Valuation Appeal Committee. 2: The Committee shall consist of: a: 1 member to be appointed on the nomination of the Minister of Justice in consultation with the Minister of Maori Affairs: b: 1 member to be appointed on the nomination of the Māori Trustee c: 1 member to be appointed on the nomination of the Executive Committee of the West Coast Settlement Reserves Lessees Association. 3: The members of the Committee shall be appointed by the Governor-General and shall hold office during his pleasure. If any member dies, resigns, or is removed from office, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made. 4: No person shall be eligible to be appointed or to remain as a member of the Committee who is a beneficial owner of any settlement reserve or who has any estate or interest in any lease of any such reserve, whether as lessee, mortgagee, trustee, or otherwise howsoever; nor shall any person act as a member of the Committee under paragraph (a) of subsection (2) on the hearing of an objection to any valuation made by him or which he assisted to make. If any person becomes disqualified as a member of the Committee under the foregoing provisions of this subsection, he shall vacate his office, and the vacancy shall be filled in the manner in which the appointment to that office was originally made. Section 70(2)(a) replaced 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 70(2)(b) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 71: Remuneration and allowances of members of Committee 1: The Committee is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951 2: There shall be paid to the members of the Committee remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951 3: The following provisions shall apply in respect of any payment under this section: a: the remuneration, allowances, and expenses of any member appointed on the nomination of the Minister of Justice in consultation with the Minister of Maori Affairs who is not an officer of the public service b: the remuneration, allowances, and expenses of the members other than the Chairman shall be paid by the Māori Trustee Section 71(3)(a) replaced 1 July 1998 section 54(1) Rating Valuations Act 1998 Section 71(3)(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 71(3)(b) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 72: Certain costs of administration to come out of appropriated money Subject to the provisions of section 71 73: Procedure of Committee 1: The Committee shall meet for the despatch of business at such times and places as it thinks fit. 2: All the members of the Committee shall be present at every meeting of the Committee. 3: The member appointed on the nomination of the Minister of Justice in consultation with the Minister of Maori Affairs 4: Every question before the Committee shall be decided by a majority of the votes of the members or, failing a majority, by the Chairman. 5: Subject to the provisions of this Act, the Committee shall determine its own procedure. Section 73(3) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 74: Objections to valuations to be heard by Committee 1: All objections to valuations under this Part shall be heard and determined by the Committee. 2: On the hearing and determination of any objection the Committee may confirm the valuation to which objection has been made or make such alterations in the valuation as it thinks proper, together with all such consequential amendments as may be necessary for the purpose of fixing the unimproved and capital values of the land and the value of improvements thereon. 3: The Committee shall, within the scope of its jurisdiction, be deemed a commission under the Commissions of Inquiry Act 1908 4: The Committee may receive as evidence any statement, document, information, or matter that in the opinion of the Committee may assist it to deal effectually with the matters before it, whether or not the same would be otherwise admissible in a court of law. 5: Proceedings before the Committee shall not be held bad for want of form, and no appeal shall lie from any decision of the Committee, nor, except on the ground of lack of jurisdiction, shall any proceeding or decision of the Committee be challenged, reviewed, quashed, or called in question in any court. Section 74(3) amended 1 July 1998 section 54(1) Rating Valuations Act 1998 75: Determination as to uncontrollable deterioration 1: Where the lessee in electing to take a renewed term of his lease has, in accordance with the provisions of section 67 Māori Trustee Māori Trustee 2: For the purpose of fixing the amount by which the unimproved value of the land has depreciated since the date by reference to which the minimum annual rent has been ascertained, the unimproved value of the land at that date shall be deemed to be the minimum annual rent capitalized at 5%. Section 75(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 76: Valuer-General to be notified of Committee's decisions Section 76 repealed 1 July 1998 section 54(1) Rating Valuations Act 1998 5: General provisions with respect to leases of reserved land 77: Lands held in trust for different owners may be comprised in 1 lease In the exercise of his powers of leasing under this Act the Māori Trustee Māori Trustee Māori Trustee Section 77 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 78: Registration of leases 1: Upon the production of any lease of any reserved land, duly executed by the lessee and the Māori Trustee, and the payment of the appropriate fee, the Registrar-General of Land must issue a record of title for that leasehold estate. 2: Upon the registration of any such lease the estate or interest of the lessee shall be deemed to be land subject to the provisions of the Land Transfer Act 2017 3: Before registering any lease under this section the Registrar-General of Land may require the deposit of a plan of the land in accordance with section 224 4: Any lease granted by the Māori Trustee Land Transfer Act 2017 Section 78(1) replaced 12 November 2018 section 250 Land Transfer Act 2017 Section 78(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 78(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 78(4) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 78(4) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 79: Adjoining areas may be incorporated in existing lease 1: Where the lessee of any area of reserved land and the Māori Trustee Māori Trustee 2: Any such certificate shall have effect as if it were a lease variation instrument under section 92 3: The powers conferred by this section shall not be exercised in respect of a lease which is subject to a mortgage except with the consent of the mortgagee. Section 79(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 79(2) amended 12 November 2018 section 250 Land Transfer Act 2017 80: Implied covenants in leases of reserved land In every lease of reserved land which is subsisting at the commencement of this Act, and in every lease of which the subsisting lease is a renewal and in every lease granted in renewal of a subsisting lease, there shall be implied, and be deemed always to have been implied covenants to the following effect: a: that the lessee will not assign, sublet, or part with the possession of the demised land or any part thereof without the consent of the lessor in writing first had and obtained: provided that any such consent shall not be unreasonably or arbitrarily withheld in the case of a reputable assignee, subtenant, or under-lessee: b: that the lessee will during the term, and as and when the same shall become due and payable, duly and punctually pay and discharge all rates, taxes, charges, (including electric light and power charges), and assessments (other than landlord's land tax) which during the term may be rated, taxed, charged, assessed, or made payable in respect of the said land or upon the lessor or lessee, and will keep the lessor fully indemnified against all liability in respect thereof. 81: Rights of tenants in common Where any lease of reserved land which is renewable is held by 2 or more lessees as tenants in common and any 1 or more of those lessees elects not to accept a renewed term of the lease or fails to execute a memorandum of lease or a memorandum of extension of lease within the time limited in that behalf, that election or failure, as the case may be, shall in no way affect the rights of the other tenants in common, and the Māori Trustee Section 81 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 82: Submissions to arbitration 1: Where in any lease of reserved land it is provided that any matter or question arising thereunder shall be determined by arbitration, any such arbitration shall, subject to any express stipulation contained in the lease, and to the provisions of this section, be conducted by 2 arbitrators, one of whom shall be appointed by the lessee, and the other by the Māori Trustee 2: Where either party to the arbitration fails to appoint an arbitrator within 21 days after being requested so to do by the other party, the arbitrator appointed by the other party shall alone conduct the arbitration, and his decision shall be binding on both parties. 3: If the arbitrators fail to agree upon the matter referred to them within 28 days of the same having been so referred to them, the matter so referred shall be determined by an umpire to be appointed by the arbitrators, and the decision of the umpire shall be final and binding on both parties. 4: Each party to an arbitration shall pay the costs, charges, and expenses of the arbitrator appointed by him, and the costs, charges, and expenses of the umpire shall be borne equally between the parties. 5: Every arbitration under this section shall be carried on in the manner prescribed by the Arbitration Act 1996 6: Nothing in this section applies to any dispute or difference relating to the provisions implied in a lease by Part 1 Section 82(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 82(5) amended 1 July 1997 section 18 Arbitration Act 1996 Section 82(6) inserted 1 January 1998 section 33 Maori Reserved Land Amendment Act 1997 83: Fees, costs, and expenses 1: The fees incurred in or about the making of any special valuation under this Act for the purposes of the renewal of any lease or a substituted lease granted pursuant to the provisions of section 28 Māori Trustee 2: The fees incurred in or about the making of any special valuation under this Act for the purposes of a substituted lease other than a substituted lease granted pursuant to section 28 Section 83(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 84: Māori Trustee In respect of the lease of any reserved land which immediately before the commencement of this Act was subject to the Westland and Nelson Maori Reserves Act 1887 Māori Trustee Section 84 heading amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 84 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 6: General Disposition of township land 85: Township land may be sold to Crown 1: The Māori Trustee Part 21 of the Maori Affairs Act 1953 2: The Crown may, in accordance with the provisions of section 259 of the Maori Affairs Act 1953 Part 21 of the Maori Affairs Act 1953 3: Notwithstanding anything contained in Part 2 Māori Trustee Section 85(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 85(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 86: Township land may be sold to private persons 1: The Māori Trustee 2: Any such sale may be effected by way of private contract, public auction, or public tender. 3: Where any such sale is effected pursuant to a resolution of the assembled owners all the provisions of Part 23 of the Maori Affairs Act 1953 shall, as far as they are applicable, and with the necessary modifications, apply thereto. 4: Notwithstanding anything contained in Part 2 Māori Trustee Section 86(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 86(4) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 87: Township land may be vested in owners 1: Where the Minister is satisfied that any township land is no longer required for that purpose he may apply to the court for an order declaring the land to be no longer subject to the provisions of this Act, and the court may make an order accordingly. 2: Except with the consent of the Chief Surveyor for the land district within which the township land is situated, no order shall be made under this section in respect of any land that is comprised in a public road. Where an order is made in respect of any such land, the land shall cease to be a road or part of a road as the case may be. 3: Except with the consent of the Minister of Conservation Reserves Act 1977 4: Where the court makes an order under this section in respect of any land it may, by the same or a subsequent order, vest the land in the person or persons found by the court to be entitled thereto, for a legal estate in fee simple, and, if more than 1, as tenants in common in the relative shares or interests determined by the court. 5: The provisions of this section shall, as far as they are applicable, apply with respect to any township land which, if it were not township land would be customary land, and for the purposes of this section the court may exercise in respect of any such land the powers and jurisdiction conferred upon it by the Maori Affairs Act 1953 in respect of customary land. 6: No order made by the court under this section shall affect any valid lease, mortgage, charge, or other encumbrance to which the land is subject at the date of the making of the order, or the right of any person to enforce any valid contract made with respect to the land before that date. 7: The Registrar-General of Land records of title Section 87(3) amended 1 April 1987 section 65(1) Conservation Act 1987 Section 87(3) amended 1 April 1978 section 125(1) Reserves Act 1977 Section 87(7) amended 12 November 2018 section 250 Land Transfer Act 2017 Miscellaneous 88: Māori Trustee Where any reserved land is held by the Māori Trustee Māori Trustee Section 88 heading amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 88 amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 88A: Proceeds of Wellington tenths sales may be used to acquire land or erect buildings Notwithstanding the provisions of sections 9 88 Māori Trustee Section 88A inserted 14 December 1979 section 18 Maori Purposes Act 1979 Section 88A amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 89: Trust for Auckland and Onehunga Hostels Endowment 1: The Māori Trustee trust land a: the purchase, taking on lease, or acquisition in any other manner of any land for the purpose of providing and maintaining buildings for the accommodation of Maoris or their descendants: b: the erection, replacement, repair, upkeep, maintenance, equipping, and furnishing of any building provided for the accommodation of Maoris or their descendants, whether on the trust land or on land acquired pursuant to the provisions of paragraph (a): c: the making of grants towards the erection, replacement, repair, upkeep, maintenance, equipping, and furnishing of any building, wheresoever situated, which, in the Māori Trustee's d: the making of grants towards the provision and maintenance (including the payment of existing debts) of any marae, community centre, sports ground, or cultural centre, or other centre of a similar nature, which in the Māori Trustee's 2: Any land acquired by the Māori Trustee Māori Trustee provided that no such land shall be sold by the Māori Trustee 3: The trusts declared by this section are in substitution for the trusts subsisting in respect of the trust land immediately before the commencement of this Act. Section 89(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 89(1)(c) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 89(1)(d) inserted 17 December 1971 section 4 Maori Purposes Act 1971 Section 89(1)(d) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 89(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 89(2) proviso amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 90: Nelson Tenths Benefit Fund 1: The Māori Trustee 2: The money in the benefit fund may from time to time be expended or applied, at the Māori Trustee's 3: Nothing in this section shall be so construed as to oblige the Māori Trustee Māori Trustee Section 90(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 90(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 90(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 91: Special provisions applying to certain Motueka reserves 1: Notwithstanding any variation between the names and relative shares of the owners as set forth in the schedules annexed to certain orders made by the court on 17 June 1901, in respect of the lands referred to in subsection (3), and the names and relative shares of the beneficial owners of the said lands as appearing in the records of the Māori Trustee Public Trust Māori Trustee Māori Trustee Māori Trustee 2: On application by the Māori Trustee section 13 3: The lands to which this section applies are Motueka Sections 126, 127, 129, 132, 144, 145, 146, 147, 160, 161, 162, 163, 164, 165, 181, 182, 183, 184, 187, 188, 210, 211, and 212, or so much of those lands as remains vested in the Māori Trustee Section 91(1) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 91(1) amended 1 March 2002 section 152(1) Public Trust Act 2001 Section 91(2) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 Section 91(3) amended 1 July 2009 section 30(2)(a) Māori Trustee Amendment Act 2009 92: Service of notices 1: Any notice that may be required to be given to any person for the purposes of this Act may be given by delivering it to him personally or may be given by sending it to him by registered letter addressed to him at his last known place of abode or business in New Zealand. Notice given by registered letter shall be deemed to have been received when in the ordinary course of post it would be delivered. 2: Where any such notice has been given by the agent of a person required to give that notice, service of any subsequent notice required to be given by the person on whom the original notice was served may be effected by serving the notice in manner aforesaid on that agent. 3: Service of any notice may be effected in manner aforesaid on the personal representative of any deceased person. 93: Repeals and savings 1: The enactments specified in Schedule 3 2: Without limiting the provisions of the Acts Interpretation Act 1924

DLM292660

1955

Adoption Act 1955

1: Short Title This Act may be cited as the Adoption Act 1955. 2: Interpretation In this Act, unless the context otherwise requires,— adopted child adoption order adoptive parent a married couple the spouses chief executive child 20 Commonwealth country Commonwealth representative court the Family Court or the District Court in its civil jurisdiction department Oranga Tamariki Act 1989 interim order Maori Te Ture Whenua Maori Act 1993 publish a: insert in any newspaper or other periodical publication printed and published in New Zealand; or b: bring to the notice of members of the public in New Zealand in any other manner whatsoever Registrar and includes any Deputy Registrar relative social worker a: In relation to any application or proposed application by a Maori, whether jointly or singly, for an adoption order in respect of a Maori child, means— i: any Maori person employed as a social worker ii: any member of the Maori community nominated, after consultation with the Maori community, by the chief executive b: in relation to any other application or proposed application for an adoption order, means— i: any person employed as a social worker ii: if the court so directs, any member of the Maori community nominated, after consultation with the Maori community, by the chief executive 1908 No 86 s 15 1939 No 39 s 34 Section 2 adoption order amended 24 September 1965 Adoption Amendment Act 1965 Section 2 adoption order amended 1 April 1963 section 2(a) Adoption Amendment Act 1962 Section 2 adoptive parent amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 2 chief executive inserted 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2 child amended 1 January 1971 section 6 Age of Majority Act 1970 Section 2 child welfare officer repealed 1 April 1972 section 23(1) Department of Social Welfare Act 1971 Section 2 court replaced section 17(1) Family Courts Act 1980 Section 2 court amended 1 March 2017 section 261 District Court Act 2016 Section 2 department inserted 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2 department amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 2 Director-General repealed 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2 father repealed 1 January 1970 section 12(2) Status of Children Act 1969 Section 2 Maori amended 23 March 1995 section 2(1) Adoption Amendment Act 1995 Section 2 Registrar amended 24 September 1965 Adoption Amendment Act 1965 Section 2 relative replaced 1 January 1970 section 12(2) Status of Children Act 1969 Section 2 social worker replaced 23 March 1995 section 2(2) Adoption Amendment Act 1995 Section 2 social worker amended 7 August 2020 section 135 Public Service Act 2020 Section 2 social worker amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2 social worker amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2 social worker amended 7 August 2020 section 135 Public Service Act 2020 Section 2 social worker amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2 social worker amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 2 Superintendent of Child Welfare repealed 1 April 1972 section 23(2) Department of Social Welfare Act 1971 Making of adoption orders 3: Power to make adoption orders 1: Subject to the provisions of this Act, a court may, upon an application made by any person whether domiciled in New Zealand or not, make an adoption order in respect of any child, whether domiciled in New Zealand or not. 2: An adoption order may be made on the application of 2 spouses jointly in respect of a child. 3: An adoption order may be made in respect of the adoption of a child by the mother or father of the child, either alone or jointly with his or her spouse. 1908 No 86 ss 16, 17 Adoption Act 1950 s 1 (UK) 4: Restrictions on making adoption orders 1: Except in special circumstances, an adoption order shall not be made in respect of a child unless the applicant or, in the case of a joint application, one of the applicants— a: has attained the age of 25 years and is at least 20 b: has attained the age of 20 c: is the mother or father of the child. 2: An adoption order shall not be made in respect of a child who is a female in favour of a sole applicant who is a male unless the court is satisfied that the applicant is the father of the child or that there are special circumstances which justify the making of an adoption order. 3: Except as provided in subsection (2) of section 3 4: Any adoption order made in contravention of this section shall be valid, but may be discharged by the court under section 20 5: Where any adoption order made in contravention of this section provides for the adoption of a child by more than 1 person, the High Court role of providing day-to-day care for the child, and with respect to the maintenance and 1908 No 86 ss 16, 17, 19 Adoption Act 1950 s 2 (UK) Section 4(1)(a) amended 1 January 1971 section 6 Age of Majority Act 1970 Section 4(1)(b) amended 1 January 1971 section 6 Age of Majority Act 1970 Section 4(5) amended 1 July 2005 section 151 Care of Children Act 2004 Section 4(5) amended 1 April 1980 section 12 Judicature Amendment Act 1979 5: Interim orders to be made in first instance Upon any application for an adoption order, if the court considers that the application should be granted, it shall in the first instance make an interim order in favour of the applicant or applicants: provided that the court may in any case make an adoption order without first making an interim order, if— a: all the conditions of this Act governing the making of an interim order have been complied with; and b: special circumstances render it desirable that an adoption order should be made in the first instance. 6: Restrictions on placing or keeping a child in a home for adoption 1: It shall not be lawful for any person to place or receive or keep any child under the age of 15 years in the home of any person for the purpose of adoption, unless— a: prior approval has been given by a social worker b: an interim order in respect of the proposed adoption is for the time being in force. 2: Any approval granted by a social worker provided that, where application to the court for an adoption order is made before the expiration of 1 month from the date of the grant of the approval, the approval shall remain in force until the application is abandoned or dismissed or an order is made by the court on the application. 3: An interim order may be made by the court in respect of a child notwithstanding that a social worker 4: This section shall not apply in any case where— a: the child is in the home pursuant to any provision of the Oranga Tamariki Act 1989 b: the child is in the home pursuant to an order made pursuant to the Care of Children Act 2004 c: the child is in the home of one of the child's parents and a step-parent of the child; or d: the child is in the home of a relative of the child (not being a relative who, in the absence of special circumstances, is prohibited, by reason of age or sex, from adopting the child). Section 6(1)(a) amended 1 April 1972 section 23(4)(b) Department of Social Welfare Act 1971 Section 6(2) amended 1 April 1972 section 23(4)(b) Department of Social Welfare Act 1971 Section 6(3) amended 1 April 1972 section 23(4)(b) Department of Social Welfare Act 1971 Section 6(4) replaced 1 November 1989 section 450(1) Children, Young Persons, and Their Families Act 1989 Section 6(4)(a) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 6(4)(b) amended 1 July 2005 section 151 Care of Children Act 2004 7: Consents to adoptions 1: Before the court makes any interim order, or makes any adoption order without first making an interim order, consents to the adoption by all persons (if any) whose consents are required in accordance with this section shall be filed in the court. 2: The persons whose consents to any such order in respect of any child are required as aforesaid, unless they are dispensed with by the court under section 8 a: the parents and guardians of the child as provided in subsections (3) to (5); and b: the spouse of the applicant in any case where the application is made by either spouse 3: The parents and guardians whose consents to any such order in respect of any child are required as aforesaid, unless they are dispensed with by the court under section 8 a: if the parents of the child were married to each other either at the time of the child's birth or at or after the time of his conception or if the father as well as the mother is or was a guardian of the child and there is no adoption order in force in respect of the child, the surviving parents or parent and (if the guardianship concerned has not been terminated, for example, by the child turning 18 years of age) b: in any other case where there is no adoption order in force in respect of the child, the mother or (if she is dead , and the guardianship concerned has not been terminated, for example, by the child turning 18 years of age provided that the court may in any such case require the consent of the father if in the opinion of the court it is expedient to do so: c: if there is an adoption order in force in respect of the child, the surviving adoptive parents or parent and (if the guardianship concerned has not been terminated, for example, by the child turning 18 years of age) 4: Subject to the prior consent of the chief executive chief executive chief executive provided that any such appointment by the mother of a child shall be void unless the child is at least 10 days old at the date of the appointment: provided also that nothing in this subsection shall relieve the parent from any liability for the maintenance of the child until the child is adopted. 5: In the case of a refugee child within the meaning of Part 1 of the Child Welfare Amendment Act 1948 chief executive 6: The consent by any parent or guardian of a child to an adoption may be given (either unconditionally or subject to conditions with respect to the religious denomination and practice of the applicants or any applicant or as to the religious denomination in which the applicants or applicant intend to bring up the child) without the parent or guardian knowing the identity of the applicant for the order. 7: A document signifying consent by a mother of a child to an adoption shall not be admissible unless the child is at least 10 days old at the date of the execution of the document. 8: Except where it is given by the chief executive a: if given in New Zealand, it is witnessed by a District Court Judge High Court of the District Court aa: if given in the Cook Islands or Niue, it is witnessed by— i: the New Zealand Representative; or ii: a Judge, Registrar, or Deputy Registrar, of the High Court of the Cook Islands or the High Court of Niue (as the case requires); or iii: a solicitor of the High Court of the Cook Islands or the High Court of Niue (as the case requires) or the High Court of New Zealand: b: if given in any other country, it is witnessed by and sealed with the seal of office of a notary public or Commonwealth representative who exercises his office or functions in that country. 9: Except where it is given by the chief executive 10: Every person who is an applicant for an adoption order shall be deemed to consent to the adoption, and it shall not be necessary for him or her to file a formal consent under this section. 1908 No 86 s 18 1947 No 60 s 26 1948 No 48 s 10 Adoption Act 1950 s 3(3) (UK) Section 7(2)(b) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 7(3)(a) replaced 1 January 1970 section 12(2) Status of Children Act 1969 Section 7(3)(a) amended 1 July 2005 section 151 Care of Children Act 2004 Section 7(3)(b) replaced 1 January 1970 section 12(2) Status of Children Act 1969 Section 7(3)(b) amended 1 July 2005 section 151 Care of Children Act 2004 Section 7(3)(c) amended 1 July 2005 section 151 Care of Children Act 2004 Section 7(4) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 7(5) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 7(8) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 7(8)(a) amended 1 March 2017 section 261 District Court Act 2016 Section 7(8)(a) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 7(8)(a) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 7(8)(aa) replaced 25 March 1987 Adoption Amendment Act 1987 Section 7(9) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 8: Cases where consent may be dispensed with 1: The court may dispense with the consent of any parent or guardian to the adoption of a child in any of the following circumstances: a: if the court is satisfied that the parent or guardian has abandoned, neglected, persistently failed to maintain, or persistently ill-treated the child, or failed to exercise the normal duty and care of parenthood in respect of the child; and that reasonable notice of the application for an adoption order has been given to the parent or guardian where the parent or guardian can be found: b: if the court is satisfied that the parent or guardian is unfit, by reason of any physical or mental incapacity, to have the care and control of the child; that the unfitness is likely to continue indefinitely; and that reasonable notice of the application for an adoption order has been given to the parent or guardian: c: if a licence has been granted in respect of the child under section 40 of the Adoption Act 1950 2: The court may dispense with the consent of any parent or guardian as aforesaid notwithstanding that the parent or guardian may have made suitable initial arrangements for the child by placing the child under the care of the authorities of a children's home, the chief executive 3: On application by any person having the care of a child, the court may dispense with the consent of a parent or guardian of a child under this section before any application is made for an adoption order in respect of the child; and any order so made shall lapse after the expiration of 6 months from the date on which it is made for all purposes except an application made to the court within that period for an adoption order in respect of the child. 4: The court may dispense with the consent of the spouse of an applicant for an adoption order if it is satisfied that the spouses are living apart and that their separation is likely to be permanent. 5: In any case where a mentally disordered person manager 5A: In any case where the District Court High Court High Court 6: Any person whose consent is dispensed with under this section may, on notice to every applicant for an adoption order in respect of the child and within 1 month after the making of the order dispensing with consent, make application for the revocation of that order and of any consequential interim order to the High Court 7: In any case where the court has made an adoption order within 1 month after making the order dispensing with consent, any person whose consent is dispensed with under this section may, on notice to every adoptive parent and within 1 month after the making of the order dispensing with consent, make application for the revocation of that order and the discharge of the adoption order to the High Court section 20 8: In any case where the High Court 1908 No 86 s 23 1941 No 26 s 36 1951 No 81 s 15 Adoption Act 1950 s 3 (UK) Section 8(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 8(5) amended 1 April 1970 Mental Health Act 1969 Section 8(5) amended 1 April 1970 Mental Health Act 1969 Section 8(5A) inserted 24 September 1965 Adoption Amendment Act 1965 Section 8(5A) amended 1 March 2017 section 261 District Court Act 2016 Section 8(5A) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 8(6) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 8(6) amended 1 April 1963 section 4(1) Adoption Amendment Act 1962 Section 8(7) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 8(7) amended 1 April 1963 section 4(2) Adoption Amendment Act 1962 Section 8(8) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 8(8) amended 1 April 1963 section 4(3) Adoption Amendment Act 1962 9: Withdrawal of consents 1: Where any consent to an adoption of a child by any specified person or persons is given by any parent or guardian of the child except the chief executive 2: Subject to the provisions of subsection (1) chief executive section 7 chief executive Section 9(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 9(2) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 10: Social worker to report 1: Before the court makes any interim order, or makes any adoption order without first making an interim order,— a: the Registrar of the court shall require a social worker b: reasonable time shall be allowed to enable the social worker social worker c: the Registrar shall give the social worker provided that this subsection shall not apply in any case where the applicant or one of the applicants is an existing parent of the child, whether his natural parent or his adoptive parent under any previous adoption. 2: The social worker Section 10 heading amended 1 April 1972 section 23(4)(b) Department of Social Welfare Act 1971 Section 10(1)(a) amended 1 April 1972 section 23(4)(b) Department of Social Welfare Act 1971 Section 10(1)(b) amended 1 April 1972 section 23(4)(b) Department of Social Welfare Act 1971 Section 10(1)(c) amended 1 April 1972 section 23(4)(b) Department of Social Welfare Act 1971 Section 10(2) amended 1 April 1972 section 23(4)(b) Department of Social Welfare Act 1971 11: Restrictions on making of orders in respect of adoption Before making any interim order or adoption order in respect of any child, the court shall be satisfied— a: that every person who is applying for the order is a fit and proper person to have the role of providing day-to-day care for b: that the welfare and interests of the child will be promoted by the adoption, due consideration being for this purpose given to the wishes of the child, having regard to the age and understanding of the child; and c: that any condition imposed by any parent or guardian of the child with respect to the religious denomination and practice of the applicants or any applicant or as to the religious denomination in which the applicants or applicant intend to bring up the child is being complied with. 1908 No 86 s 18(1)(c) Adoption Act 1950 s 5 (UK) Section 11(a) amended 1 July 2005 section 151 Care of Children Act 2004 12: Revocation of interim order 1: On the application of any person, the court may in its discretion revoke an interim order in respect of any child on such terms as the court thinks fit, including an order for the refund by some person specified in the order of money spent by any proposed adopter for the child's benefit. 1A: Where on the application of any person the District Court High Court High Court District Court 1B: Where any interim order has been revoked as aforesaid, the person or persons in whose favour the interim order was made may, within 1 month after the date of the revocation, appeal to the High Court High Court 2: Any such order for the refund of money shall be enforceable as a judgment of the court in favour of the person to whom the money has to be repaid. Section 12(1A) inserted 24 September 1965 Adoption Amendment Act 1965 Section 12(1A) amended 1 March 2017 section 261 District Court Act 2016 Section 12(1A) amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 12(1A) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 12(1B) inserted 24 September 1965 Adoption Amendment Act 1965 Section 12(1B) amended 1 April 1980 section 12 Judicature Amendment Act 1979 13: Issue of adoption order where an interim order has been made 1: The person or persons in whose favour an interim order has been made in respect of any child may apply to the court for the issue of an adoption order in respect of the child, if,— a: the interim order is in force at the date of the application and has continued in force for not less than the prescribed period specified in subsection (2) b: in any case where the child is under the age of 15 years, the child has been continuously in the care of the applicant or applicants for not less than the said prescribed period since the adoption was first approved by a social worker 2: The prescribed period mentioned in subsection (1) shall be 6 months, or such shorter period as may in special circumstances be specified by the court either in the interim order or, whether or not a shorter period has already been specified in the interim order, subsequent to the making of the interim order. 2A: Notwithstanding the foregoing provisions of this section, the court may, if special circumstances render it desirable to do so, issue an adoption order before the termination of the prescribed period: provided that no order under this subsection shall be made without a hearing by the court. 3: Where an application is duly made to the court under subsection (1) a: a social worker b: the interim order did not require the application to be dealt with by the court; c: no proceedings for the revocation of the interim order are pending in the District Court High Court d: the District Court but the adoption order shall not be issued without a further hearing in any other case. 4: In any case where a hearing by the court of an application under this section is required as aforesaid— a: the Registrar shall require a social worker b: the Registrar shall appoint a time and place for the hearing of the application, and in so doing shall allow reasonable time to enable the social worker c: the court shall consider any report which the social worker d: the Registrar shall give the social worker social worker 5: In any case where an adoption order could issue under this section in favour of 1 person only, the court may, upon application by that person and his or her spouse and after further hearing, issue the adoption order in favour of that person and his or her spouse jointly without requiring any further consents to the adoption. Section 13(1)(b) amended 1 April 1972 section 23(4)(b) Department of Social Welfare Act 1971 Section 13(2) replaced section 5 Adoption Amendment Act 1962 Section 13(2A) inserted section 5 Adoption Amendment Act 1962 Section 13(3) replaced section 5 Adoption Amendment Act 1962 Section 13(3)(a) amended 1 April 1972 section 23(4)(b) Department of Social Welfare Act 1971 Section 13(3)(b) amended 24 September 1965 Adoption Amendment Act 1965 Section 13(3)(c) replaced 24 September 1965 Adoption Amendment Act 1965 Section 13(3)(c) amended 1 March 2017 section 261 District Court Act 2016 Section 13(3)(c) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 13(3)(d) inserted 24 September 1965 Adoption Amendment Act 1965 Section 13(3)(d) amended 1 March 2017 section 261 District Court Act 2016 Section 13(4) replaced section 5 Adoption Amendment Act 1962 Section 13(4)(a) amended 1 April 1972 section 23(4)(b) Department of Social Welfare Act 1971 Section 13(4)(b) amended 1 April 1972 section 23(4)(b) Department of Social Welfare Act 1971 Section 13(4)(c) amended 1 April 1972 section 23(4)(b) Department of Social Welfare Act 1971 Section 13(4)(d) amended 1 April 1972 section 23(4)(b) Department of Social Welfare Act 1971 13A: Appeal against refusal to make interim order or adoption order In any case where the District Court High Court High Court Section 13A inserted 24 September 1965 Adoption Amendment Act 1965 Section 13A amended 1 March 2017 section 261 District Court Act 2016 Section 13A amended 1 April 1980 section 12 Judicature Amendment Act 1979 14: Date on which adoption order becomes effective 1: An adoption order made after the commencement of this Act shall be deemed to be made,— a: in any case where it is issued after an interim order has been made and without further hearing, on the date on which it is so issued: b: in any other case, on the date of the actual granting of the order by the court, whether or not a formal order is ever signed. 2: Where before the commencement of this Act an adoption order has been granted in New Zealand by any court but no adoption order in the prescribed form has ever been signed, the order shall be deemed to have been signed and to have become effective on the date of the actual granting of the order by the court: provided that, for the purposes of any deed or instrument (except a will) made before the commencement of this Act, or of the will or intestacy of any testator or intestate who died before the commencement of this Act, or of any vested or contingent right of the adopted child or any other person under any such deed, instrument, will, or intestacy, this subsection shall not apply to any adoption order which has been granted before the commencement of this Act. Effect of interim orders and adoption orders 15: Effect of interim order 1: An interim order in respect of any child— a: may require that the adoption order shall not be issued without a further hearing: b: shall not effect any change in the child's names, but may specify how they are to be changed by the adoption order: c: shall remain in force for 1 year or until it is sooner revoked or an adoption order is sooner made in respect of the child: provided that a further interim order may be made by the court upon application duly made to it in that behalf: d: shall not be deemed to be an adoption order for any purpose. 2: So long as an interim order remains in force in respect of any child— a: the person or persons in whose favour the order is made have the role of providing day-to-day care for the child; and must comply with all terms (if any) specified in the order in respect of the role of providing day-to-day care for the child: b: any social worker c: the child shall not be taken out of New Zealand without leave of the court: d: the person or persons in whose favour the order is made shall give to a social worker provided that where an immediate change of residence is necessitated by an emergency it shall be sufficient if notice is given within 48 hours after leaving the residence occupied prior to the change. Adoption Act 1950 s 6(4) (UK) Section 15(2)(a) replaced 1 July 2005 section 151 Care of Children Act 2004 Section 15(2)(b) amended 1 April 1972 section 23(4)(b) Department of Social Welfare Act 1971 Section 15(2)(d) amended 1 April 1972 section 23(4)(b) Department of Social Welfare Act 1971 16: Effect of adoption order 1: Every adoption order shall confer on the adopted child a surname, and 1 or more given names. 1A: The names conferred on an adopted child by an adoption order shall be those specified by the applicant for the order, unless the court is satisfied it is not in the public interest for the child to bear those names. 1B: Notwithstanding subsection (1), if the court is satisfied that it is contrary to the religious beliefs or cultural traditions of the applicant for an adoption order for the adopted child to bear a given name, the order may confer on the child a surname only. 2: Upon an adoption order being made, the following paragraphs of this subsection shall have effect for all purposes, whether civil, criminal, or otherwise, but subject to the provisions of any enactment which distinguishes in any way between adopted children and children other than adopted children, namely: a: the adopted child shall be deemed to become the child of the adoptive parent, and the adoptive parent shall be deemed to become the parent of the child, as if the child had been born to that parent in lawful wedlock: provided that, where the adopted child is adopted by his mother either alone or jointly with her spouse b: the adopted child shall be deemed to cease to be the child of his existing parents (whether his natural parents or his adoptive parents under any previous adoption), and the existing parents of the adopted child shall be deemed to cease to be his parents, and any existing adoption order in respect of the child shall be deemed to be discharged under section 20 provided that, where the existing parents are the natural parents, the provisions of this paragraph shall not apply for the purposes of any enactment relating to forbidden marriages or civil unions c: the relationship to one another of all persons (whether the adopted child, the adoptive parent, the existing parents, or any other persons) shall be determined in accordance with the foregoing provisions of this subsection so far as they are applicable: d: the foregoing provisions of this subsection shall not apply for the purposes of any deed, instrument, will, or intestacy, or affect any vested or contingent right of the adopted child or any other person under any deed, instrument, will, or intestacy, where the adoption order is made after the date of the deed or instrument or after the date of the death of the testator or intestate, as the case may be, unless in the case of a deed, instrument, or will, express provision is made to that effect: e: subject to the Citizenship Act 1977 f: the adopted child shall acquire the domicile of his adoptive parent or adoptive parents, and the child's domicile shall thereafter be determined as if the child had been born in lawful wedlock to the said parent or parents: g: h: any existing appointment as guardian of the adopted child shall cease to have effect: i: any affiliation order or maintenance order in respect of the adopted child and any agreement (not being in the nature of a trust) which provides for payments for the maintenance of the adopted child shall cease to have effect: provided that, where the adopted child is adopted by his mother either alone or jointly with her spouse provided also that nothing in this paragraph shall prevent the recovery of any arrears which are due under any order or agreement at the date on which it ceases to have effect as aforesaid. 3: This section shall apply with respect to all adoption orders, whether made before or after the commencement of this Act: provided that,— a: for the purposes of any appointment, affiliation order, maintenance order, or agreement to which paragraph (h) or paragraph (i) of subsection (2) applies, the adoption order, if made before the commencement of this Act, shall be deemed to have been made on the date of the commencement of this Act: b: for the purposes of any other deed or instrument (except a will) made before the commencement of this Act, or of the will or intestacy of any testator or intestate who died before the commencement of this Act, or of any vested or contingent right of the adopted child or any other person under any such deed, instrument, will, or intestacy, this section shall not apply, and the adoption order shall have effect for the purposes of the deed, instrument, will, or intestacy according to the law existing at the date on which the deed, instrument, will, or intestacy took effect: c: an adoption order made before 1 April 1954 4: Subsection (2)(i) 5: The first proviso to subsection (2)(a) applies subject to section 6(2) 6: The first proviso to subsection (2)(i) applies subject to section 25(2)(b) 1950 No 18 s 2 Section 16(1) replaced 1 September 1995 section 95 Births, Deaths, Marriages, and Relationships Registration Act 1995 Section 16(1A) inserted 1 September 1995 section 95 Births, Deaths, Marriages, and Relationships Registration Act 1995 Section 16(1B) inserted 1 September 1995 section 95 Births, Deaths, Marriages, and Relationships Registration Act 1995 Section 16(2)(a) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 16(2)(b) amended 26 April 2005 section 40(1) Civil Union Act 2004 Section 16(2)(e) replaced section 30(2) Citizenship Act 1977 Section 16(2)(f) repealed 1 January 1981 section 14(2) Domicile Act 1976 Section 16(2)(g) repealed 1 January 1981 section 14(2) Domicile Act 1976 Section 16(2)(i) amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 16(4) inserted 1 July 1992 section 243 Child Support Act 1991 Section 16(5) inserted 1 July 1992 section 243 Child Support Act 1991 Section 16(6) inserted 1 July 1992 section 243 Child Support Act 1991 Section 16(6) amended 1 April 2015 section 35 Child Support Amendment Act 2013 17: Effect of overseas adoption 1: Where a person has been adopted (whether before or after the commencement of this section) in any place outside New Zealand according to the law of that place, and the adoption is one to which this section applies, then, for the purposes of this Act and all other New Zealand enactments and laws, the adoption shall have the same effect as an adoption order validly made under this Act, and shall have no other effect. 2: Subsection (1) shall apply to an adoption in any place outside New Zealand, if,— a: the adoption is legally valid according to the law of that place; and b: in consequence of the adoption, the adoptive parents or any adoptive parent had, or would (if the adopted person had been a young child) have had, immediately following the adoption, according to the law of that place, a right superior to that of any natural parent of the adopted person in respect of the role of providing day-to-day care for c: either— i: the adoption order was made by any court or judicial or public authority whatsoever of a Commonwealth country, or of the United States of America, or of any State or territory of the United States of America, or of any other country which the Governor-General, by an Order in Council that is for the time being in force, has directed to be deemed to be referred to in this subparagraph; or ii: in consequence of the adoption, the adoptive parents or any adoptive parent had, immediately following the adoption, according to the law of that place, a right superior to or equal with that of any natural parent in respect of any property of the adopted person which was capable of passing to the parents or any parent of the person in the event of the person dying intestate without other next of kin and domiciled in the place where the adoption was made and a national of the State which had jurisdiction in respect of that place— but not otherwise. 2A: The production of a document purporting to be the original or a certified copy of an order or record of adoption made by a court or a judicial or public authority in any place outside New Zealand shall, in the absence of proof to the contrary, be sufficient evidence that the adoption was made and that it is legally valid according to the law of that place. 3: Nothing in this section shall restrict or alter the effect of any other adoption made in any place outside New Zealand. 4: In this section the term New Zealand 5: This section does not apply to any adoption in another Contracting State that is an adoption— a: by a person habitually resident in New Zealand; and b: to which the Convention applies; and c: which takes place in that Contracting State on or after the date on which the Convention has entered into force as between New Zealand and that Contracting State. 6: In subsection (5), Contracting State Convention Adoption (Intercountry) Act 1997 7: An Order in Council under subsection (2)(c)(i) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication 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 17(2)(b) amended 1 July 2005 section 151 Care of Children Act 2004 Section 17(2)(c)(i) replaced 24 September 1965 Adoption Amendment Act 1965 Section 17(2A) inserted 24 September 1965 Adoption Amendment Act 1965 Section 17(5) inserted 1 January 1999 section 25 Adoption (Intercountry) Act 1997 Section 17(6) inserted 1 January 1999 section 25 Adoption (Intercountry) Act 1997 Section 17(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Maori adoptions 18: Application of Act to Maoris An adoption order may be made under this Act on the application of any person, whether a Maori or not, in respect of any child, whether a Maori or not. 19: Adoptions according to Maori custom not operative 1: No person shall hereafter be capable or be deemed at any time since the commencement of the Native Land Act 1909 2: Any adoption in accordance with Maori custom that was made and registered in the Maori Land Court before 31 March 1910 (being the date of the commencement of the Native Land Act 1909 Part 9 of the Native Land Act 1909 1953 No 94 s 80 Miscellaneous 20: Adoption order may be varied or discharged 1: The court may in its discretion vary or discharge any adoption order (whether the order was made before or after the commencement of this Act), or any adoption to which subsection (2) of section 19 2: The court may, in its discretion and subject to such terms and conditions as it thinks fit, discharge any adoption made in any place outside New Zealand either before or after the commencement of this Act, if— a: the person adopted is living and is domiciled in New Zealand; and b: every living adoptive parent is domiciled in New Zealand. 3: No application for the discharge of any adoption order or adoption shall be made without the prior approval of the Attorney-General; and no adoption order or adoption shall be discharged unless— a: the adoption order or adoption was made by mistake as to a material fact or in consequence of a material misrepresentation to the court or to any person concerned; or b: the discharge is expressly authorized by any other section of this Act. 4: Where the court discharges any adoption order or adoption as aforesaid, it may confer on the person to whom the order or adoption related such surname with such first or Christian name as the court thinks fit; but, if it does not do so, the names of the person shall not be affected by the discharge of the order. 5: Any person may, at any time within 1 month after the date of the decision of the court under this section, appeal to the High Court 6: Upon an adoption order, or an adoption to which subsection (1) of section 17 subsection (2) of section 19 a: the relationship to one another of all persons (whether the adopted child, the adoptive parents, the natural parents, the guardians of the child at the date of the adoption order or adoption, or any other persons) shall be determined as if the adoption order or adoption had not been made; and any appointment as guardian of the adopted child which was made while the adoption order or adoption was in force shall cease to have effect: provided that the discharge of the order or adoption shall not affect anything lawfully done or the consequences of anything unlawfully done while the order or adoption was in force: b: no change in the child's domicile shall occur by reason only of the discharge; but, where during the infancy of the child any natural parent resumes the exercise of the role of providing day-to-day care for c: any affiliation order, maintenance order, or agreement for payment of maintenance which ceased to have effect under paragraph (i) of subsection (2) of section 16 provided that nothing in this paragraph shall cause the order or agreement to have any effect in respect of the period while the adoption order or adoption remained in force: provided also that notice of the discharge of the adoption order or adoption shall be served on every person who is bound by the affiliation order, maintenance order, or agreement, but nothing in this proviso shall restrict the effect of the affiliation order, maintenance order, or agreement between the date of the discharge of the adoption order or adoption and the service of notice of the discharge: d: for the purposes of any other deed or instrument (except a will) made while the order or adoption was in force, or of the will or intestacy of any testator or intestate who died while the order or adoption was in force, or of any vested or contingent right of the adopted child or any other person under any such deed, instrument, will, or intestacy, the order or adoption shall be deemed to continue in force. 7: Upon the discharge of any adoption made in any place outside New Zealand, not being an adoption to which subsection (1) of section 17 a: if at the date of the discharge adoptions could be discharged in the place where the adoption in question was made, the discharge shall have the same effects as if it was made in that place: b: if at the date of the discharge adoptions could not be discharged in the place where the adoption in question was made, the discharge shall have the same effects, so far as they are applicable, as the discharge of an adoption order made under this Act. 8: Where an adoption order has been discharged before the commencement of this Act, the effect of the discharge shall be determined by reference to the law existing at the date of the discharge. 1908 No 86 s 22 1950 No 18 s 4 Section 20(5) replaced 1 April 1963 section 6 Adoption Amendment Act 1962 Section 20(5) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 20(6)(b) amended 1 July 2005 section 151 Care of Children Act 2004 21: Court to which application for adoption order shall be made Section 21 repealed 1 April 1963 section 7 Adoption Amendment Act 1962 22: Attendance at hearings 1: The following persons may attend a hearing of an application under this Act: a: officers of the court: b: parties to the proceedings: c: lawyers representing parties to the proceedings: d: a social worker who furnished a report under section 10 e: accredited news media reporters: f: persons whom the Judge permits to be present as support persons for a party on the request of that party: g: any other persons whom the Judge permits to be present. 2: No other person may attend a hearing of an application under this Act. 3: The 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. 4: No support persons may help an applicant 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: an accredited news media reporter: b: a support person whom the Judge permitted to be present under subsection (1)(f). 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. Section 22 replaced 18 May 2009 section 4 Adoption Amendment Act 2008 22A: Publication of reports of proceedings Sections 11B to 11D Family Court Act 1980 a: in the Family Court: b: in any other court, in which case references in those sections to the Family Court or court must be read as references to that other court. Section 22A inserted 18 May 2009 section 4 Adoption Amendment Act 2008 Section 22A amended 1 March 2017 section 261 District Court Act 2016 Section 22A(a) replaced 1 March 2017 section 261 District Court Act 2016 23: Inspection of adoption records 1: An adoption order shall be open to inspection by any person who requires to inspect it for some purpose in connection with the administration of an estate or trust of which that person is executor, administrator, or trustee. 2: Adoption records are open to inspection by— a: any Registrar (as defined in section 4 Marriage Act 1955 b: any Registrar (as so defined) or civil union celebrant under the Civil Union Act 2004 2A: Adoption records are open to inspection by a social worker for the purpose of preparing a report required under section 23A(1) 3: Adoption records shall not be available for production or open to inspection except— a: to the extent authorised by subsections (1), (2), or (2A) section 11(4)(b) b: on the order of the Family Court, the District Court i: for the purposes of a prosecution for making a false statement; or ii: in the event of any question as to the validity or effect of any interim order or adoption order; or iii: on any other special ground. Section 23 replaced 1 March 1986 section 15 Adult Adoption Information Act 1985 Section 23(2) replaced 26 April 2005 section 40(2) Civil Union Act 2004 Section 23(2)(a) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 23(2A) inserted 15 November 2000 section 3(1) Adoption Amendment Act 2000 Section 23(3)(a) amended 15 November 2000 section 3(2) Adoption Amendment Act 2000 Section 23(3)(b) amended 1 March 2017 section 261 District Court Act 2016 23A: Report on application for inspection 1: A court may require a social worker to prepare a report following an application for an order under section 23(3)(b) subparagraph (iii) of that paragraph any other special ground 2: A social worker preparing a report required under subsection (1) a: may consider any information obtained for the purpose, including information in the adoption records concerned and the application for the order; but b: may not consider information relating to any party to the adoption or application that was obtained by the department before the application was made. Section 23A inserted 15 November 2000 section 4 Adoption Amendment Act 2000 24: Evidence in adoption cases Section 24 repealed 31 March 2014 section 17A(a) Family Courts Act 1980 25: Prohibition of payments in consideration of adoption 1: Except with the consent of the court, it shall not be lawful for any person to give or receive or agree to give or receive any payment or reward in consideration of the adoption or proposed adoption of a child or in consideration of the making of arrangements for an adoption or proposed adoption: 1A: Subsection (1) a: the expenses are incurred by virtue of the provision by a society or body of persons of hospital care (within the meaning of the Health and Disability Services (Safety) Act 2001 b: the payment is made by an applicant for an adoption order in respect of the child directly to the society or body; and c: the amount paid has been approved in the particular instance, or is in accordance with a scale approved generally, by the chief executive of the department of State responsible for the administration of the Health and Disability Services (Safety) Act 2001 2: Subsection (1) Part 2 a: are in connection with the exercise of a function delegated to that body under Part 1 b: are set out in an invoice or statement of account rendered by that body which sets out details of the costs and expenses, and the services or functions to which they apply. 1908 No 86 s 20 Section 25(1) proviso repealed 1 October 2002 section 58(1) Health and Disability Services (Safety) Act 2001 Section 25(1A) inserted 1 October 2002 section 58(1) Health and Disability Services (Safety) Act 2001 Section 25(2) inserted 1 January 1999 section 26 Adoption (Intercountry) Act 1997 Section 25(2) amended 1 October 2002 section 58(1) Health and Disability Services (Safety) Act 2001 26: Restriction upon advertisements 1: It shall not be lawful for any person, other than the chief executive social worker a: that the parent or guardian of a child desires to cause the child to be adopted; or b: that any person desires to adopt a child; or c: that any person or body of persons is willing to make arrangements for the adoption of a child: provided that the chief executive 2: An organisation approved as a New Zealand accredited body under Part 2 a: that it is a New Zealand accredited body under that Act; or b: that functions have been delegated to that body under Part 1 Adoption Act 1950 s 38 (UK) Section 26(1) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 26(1) amended 1 April 1972 section 23(4)(b) Department of Social Welfare Act 1971 Section 26(1) proviso amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 26(2) inserted 1 January 1999 section 27 Adoption (Intercountry) Act 1997 27: Offences 1: Every person commits an offence against this section who a: places or receives or keeps any child in the home of any person for the purpose of adoption in contravention of section 6 b: takes out of New Zealand without leave of the court any child in respect of whom an interim order is in force: c: being a person in whose favour an interim order has been made, fails to give any notice of change of residence required by paragraph (d) of subsection (2) of section 15 d: gives or receives or agrees to give or receive any payment in contravention of section 25 e: publishes any advertisement in contravention of section 26 f: makes any false statement for the purpose of obtaining or opposing an interim order or adoption order or any variation or discharge of any such order. 2: Every person who commits an offence against this section shall be liable on District Court Judge $15,000 3: Section 27 heading amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 27(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 27(2) amended 1 January 1999 section 28 Adoption (Intercountry) Act 1997 Section 27(3) repealed 17 August 2011 section 5(2) Adoption Amendment Act 2011 27A: Offence to induce consent 1: Every person commits an offence who induces another person, by fraud, duress, undue influence (by payment or otherwise), or other improper means, to consent to an adoption. 2: Every person who commits an offence under subsection (1) is liable on conviction Section 27A inserted 17 August 2011 section 6 Adoption Amendment Act 2011 Section 27A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 27B: Safety of child where offence committed 1: Where a court is satisfied that an offence against section 27 27A a: the child can be restored to his or her parent or guardian; or b: other arrangements can be made for the child. 2: Subsection (1) applies whether or not any person has been convicted of the offence. Section 27B inserted 17 August 2011 section 6 Adoption Amendment Act 2011 27C: Extraterritorial jurisdiction in respect of offence under section 27A as required by Optional Protocol 1: In this section, Optional Protocol 2: Even if the acts alleged to constitute an offence under section 27A a: if the person to be charged— i: is a New Zealand citizen; or ii: is ordinarily resident in New Zealand; or iii: has been found in New Zealand and has not been extradited; or iv: is a body corporate, or a corporation sole, incorporated under the law of New Zealand; or b: if the person whose consent to an adoption has been induced— i: is a New Zealand citizen; or ii: is ordinarily resident in New Zealand. 3: Nothing in this section limits the application of section 27A a: acts that occurred wholly within New Zealand; or b: the application of section 7 i: an act forming part of an offence; or ii: an event necessary to the completion of an offence; or c: the application of section 8 d: the application of section 8A Section 27C inserted 17 August 2011 section 6 Adoption Amendment Act 2011 27D: Attorney-General's consent required where jurisdiction claimed under section 27C 1: No proceedings for an offence against section 27A section 27C 2: However, a person alleged to have committed an offence against section 27A Section 27D inserted 17 August 2011 section 6 Adoption Amendment Act 2011 28: Regulations 1: The Governor-General may from time to time, by Order in Council, make all such regulations as may in his opinion be necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof. 2: Regulations under this section are secondary legislation ( see Part 3 2: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 28(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 28(2) repealed 19 December 1989 section 11 Regulations (Disallowance) Act 1989 28A: Rules Rules may be made regulating the practice and procedure of courts in proceedings under this Act,— a: in the case of the High Court, under section 148 b: in the case of the District Court, under section 228 c: in the case of the Family Court, under section 16A Section 28A inserted 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 28A(a) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 28A(b) replaced 1 March 2017 section 261 District Court Act 2016 Section 28A(c) replaced 1 March 2017 section 261 District Court Act 2016 29: Consequential amendments The enactments specified in Schedule 1 30: Repeals and savings 1: The enactments specified in Schedule 2 2: Without limiting the provisions of the Interpretation Act 1999 3: All applications, matters, and proceedings commenced under any such enactment and pending or in progress at the commencement of this Act may, at the discretion of the court, be continued and completed,— a: under this Act; or b: under the said enactments in all respects as if the said enactments continued in force and as if this Act had not been passed. Section 30(2) amended 1 November 1999 section 38(1) Interpretation Act 1999 31: References to Child Welfare Officer to be read as references to social workers, etc 1: Every reference in this Act and its amendments, as in force on or after 1 April 1972, to a Child Welfare Officer must be read as a reference to a social worker. 2: Subsection (1) applies— a: subject to the amendments made by section 23(1) to (3) b: unless the context otherwise requires. 3: This section does not affect the operation of section 23(4)(a) a: on or after 1 April 1972; and b: before its repeal, on 1 April 1990, by section 36(6) 1971 No 60 s 23(4)(b) Section 31 inserted 26 November 2018 section 459 Social Security Act 2018

DLM290487

1955

Reserves and Other Lands Disposal Act 1955

1: Short Title This Act may be cited as the Reserves and Other Lands Disposal Act 1955. 2: Cancelling the vesting of certain land in the Mangawai Harbour Board as an endowment and vesting that land in Her Majesty for recreation purposes Whereas the land described in subsection (3) is vested in the Mangawai Harbour Board (in this section referred to as the Board section 2 of the Mangawai Harbour Endowment Reserve Act 1893 And whereas certain of the Board's endowment lands have been subdivided into building lots and the said land is shown as one of the lots thereon: And whereas certain other freehold lands at Mangawhai have been subdivided: And whereas, to meet the requirements in respect of reserves for these freehold subdivisions in terms of section 12 of the Land Subdivision in Counties Act 1946 Reserves and Domains Act 1953 Be it therefore enacted as follows: 1: The land described in subsection (3) section 2 of the Mangawai Harbour Endowment Reserve Act 1893 Part 2 of the Reserves and Domains Act 1953 2: The District Land Registrar for the Land Registration District of Auckland is hereby authorized and directed to make such entries in the register books and to do all such other things as may be necessary to give effect to the provisions of this section. 3: The land to which this section relates is more particularly described as follows: All that area in the North Auckland Land District, Otamatea County, being Lot 6 on a plan deposited in the Land Registry Office at Auckland under Number 39205, being part of Allotment 44, Suburbs of Molesworth, situated in Block II, Mangawhai Survey District, containing by admeasurement 38 perches and two-tenths of a perch, more or less, and being part of the land comprised and described in certificate of title, Volume 1063, folio 256, Auckland Registry. 3: Authorizing the Rotorua County Council to subdivide certain land and conferring on the said Council special leasing powers in respect of that land Whereas the land described in subsection (10) said land And whereas there are erected on portion of the said land certain holiday and fishing cottages: And whereas for better administration the said land should be subdivided and the users thereof granted valid leases: And whereas it is expedient to vest the said land in the Chairman, Councillors, and Inhabitants of the County of Rotorua (in this section referred to as the Corporation Reserves and Domains Act 1953 Council Be it therefore enacted as follows: 1: The land described in subsection (10) Reserves and Domains Act 1953 2: Notwithstanding anything to the contrary in the Reserves and Domains Act 1953 subsection (10) 3: The Council is hereby authorized to grant leases over any lots in the said subdivision to any occupier thereof or to the person appearing to the Council to be entitled to the buildings and other improvements erected thereon or, if there is no occupier or no person appearing to be so entitled, in accordance with subsection (4) 4: All lots on the said subdivision over which leases are not granted under subsection (3) 5: All leases granted under this section shall be on such terms and conditions as the Minister of Lands may approve: provided that the term of any such lease shall not exceed 21 years and shall not contain any right of renewal or any right of acquiring the fee simple: provided also that the Council may, with the consent of the Minister of Lands, on the expiry of any such lease, if the leased land is not required for recreation purposes, offer to the lessee a lease for a further term of 10 years on such terms and conditions as the Minister of Lands may determine 6: On the expiry or sooner determination of any lease granted under this section, the lessee shall have the right to remove all buildings and other improvements belonging to the said lessee. 7: The net revenue derived by the Council from the leasing of any land under this section shall be applied in or towards the general development and beautification of the recreation reserve adjoining the eastern portion of the said land, which reserve comprises 11 acres 12 perches and seven-tenths of a perch, more or less, shown more particularly on a plan lodged in the office of the Chief Surveyor, at Auckland, under Number 36956, and thereon coloured green. 8: The powers conferred on the Council by this section shall be in addition to and not in substitution for any other leasing powers of the Council under the Reserves and Domains Act 1953 9: The District Land Registrar for the Land Registration District of Auckland is hereby authorized and directed to deposit such plans, make such entries in the register books, and to do all such other things as may be necessary to give effect to the provisions of this section. 10: The land to which this section relates is particularly described as follows: All that area in the South Auckland Land District, Rotorua County, containing by admeasurement 9 acres and 6 perches, more or less, situated in Block VIII, Rotorua Survey District, and being Lots 1 to 13 inclusive, Lots 15 to 24 inclusive, Lots 26 to 37 inclusive, and Lots 39 to 47 inclusive, as shown on the scheme plan lodged in the office of the Chief Surveyor, at Auckland, under Number 3280. Section 3(5) second proviso amended 29 September 1977 Rotorua County Council Empowering Act 1977 4: Validating an agreement between J A Jans and the Taranaki Harbour Board Whereas John Alois Jans, of Oakura, in the County of Taranaki, farmer (in this section referred to as the purchaser Board said agreement And whereas the said agreement provides for the sale by the Board to the purchaser of portion of its harbour endowment land at a price of 500 pounds upon terms and conditions as set out therein: And whereas a copy of the said agreement is deposited in the Head Office of the Department of Lands and Survey, at Wellington, as Taranaki Deed Number 851: And whereas doubts have arisen as to the power of the Board to sell the said land and to the validity of the said agreement: And whereas it is expedient that the said Board should be authorized to sell the portion of the said harbour endowment and that the said agreement should be authorized and validated: Be it therefore enacted as follows: 1: Notwithstanding anything to the contrary in the Harbours Act 1950 2: The District Land Registrar for the Land Registration District of Taranaki is hereby authorized and directed to deposit such plans, accept such documents for registration, and to do all such things as may be necessary to give effect to the provisions of the said agreement. 5: Declaring lands subject to the Forests Act 1949 to be Crown land subject to the Land Act 1948 Whereas the lands described in subsection (2) Forests Act 1949 And whereas it is desirable that the said lands should be declared Crown land subject to the Land Act 1948 Be it therefore enacted as follows: 1: The setting apart of the lands described in subsection (2) Land Act 1948 2: The lands to which this section relates are particularly described as follows: Firstly, all that area in the Wellington Land District, Kairanga County, containing by admeasurement 107 acres 3 roods and 21 perches, more or less, being Section 375, Block III, Gorge Survey District: as the same is more particularly delineated on the plan marked L and S 55917, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red (Wellington SO Plan 23209). Secondly, all those areas in the Nelson Land District, Murchison County, containing together by admeasurement 164 acres and 3 roods, more or less, being Section 9 and parts of Sections 3, 22, and 30, Block XIII, Tutaki Survey District: as the same are more particularly delineated on the plan marked L and S 46/165, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red (Nelson SO Plan 9903). Thirdly, all those areas in the Canterbury Land District, Ashburton County, containing together by admeasurement 3 546 acres, more or less, being part of Reserves 3117 and 3118 situated in Blocks XII and XVI, Somers Survey District, Block VIII, Hutt Survey District, and Block I, Spaxton Survey District: as the same are more particularly delineated on the plan marked L and S X/99/2, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered yellow and red respectively (Canterbury SO Plan 8757). Fourthly, all those areas in the Canterbury Land District, Selwyn County, containing together 22 500 acres, more or less, being Reserves 3298 and 3299 situated in Blocks V, VI, VII, IX, X, XI, XIII, and XIV, Harper Survey District, and Blocks VIII and XII, Wilberforce Survey District: as the same are more particularly delineated on the plan marked L and S 15/244/19, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered green. Fifthly, all that area in the Canterbury Land District, Selwyn County, containing 9 000 acres, more or less, being Reserve 3310 situated in Blocks I, V, VI, VII, VIII, X, and XI, Whitcombe Survey District, and Block I, Glenrock Survey District: as the same is more particularly delineated on the plan marked L and S 8/8/99, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red. Sixthly, all that area in the Westland Land District, Grey County, containing by admeasurement 79 acres, more or less, being part of Reserve 1694 situated in Blocks XIII and XIV, Mawheraiti Survey District, and being part of the land proclaimed as permanent State forest by a Proclamation published in the Gazette Seventhly, all that area in the Southland Land District, Wallace County, containing 119 acres 1 rood and 37 perches, more or less, being parts of Sections 24 and 31, Block XVII, Jacobs River Hundred: as the same is more particularly delineated on the plan marked L and S 22/4094, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red (Southland SO Plan 6243). 6: Effecting adjustments to the status of certain lands in the City of Wellington, being portions of the Victoria College site, the Mount Street Cemetery, the Wellington Town Belt, and a public street Whereas the land firstly described in subsection (8) is portion of a public street adjoining land vested in the Victoria University College, a body corporate constituted under the Victoria University College Act 1933 College And whereas certain buildings of the College have been erected on part of the said street: And whereas it is desirable that the said portion of street should be closed and vested in the College in trust as a site for College buildings and as grounds appertaining thereto: And whereas the land secondly described in the said subsection is portion of the above-mentioned public street: And whereas this land has for many years been used for access purposes to and from the College and it is desirable that this portion of street be also closed and vested in the Mayor, Councillors, and Citizens of the City of Wellington (in this section referred to as the Corporation And whereas the land thirdly described in the said subsection is portion of the land vested in the College in trust as a site for College buildings and as grounds appertaining thereto: And whereas the said land thirdly described has for many years been used for access purposes and it is desirable that it be vested in the Corporation as an access way with certain rights reserved to the College in respect thereof: And whereas the land fourthly described in the said subsection is portion of the land vested in the Roman Catholic Archbishop of the Archdiocese of Wellington in trust to permit the said land to be forever used and appropriated as a cemetery for the burial of members of the Roman Catholic religion exclusively: And whereas this portion of land has for many years been used for access purposes and it is desirable that it be vested in the Corporation as an access way: And whereas the lands fifthly and sixthly described are portions of the land vested as aforesaid in the Roman Catholic Archbishop of the Archdiocese of Wellington: And whereas the said lands fifthly and sixthly described adjoin the grounds of the College and there has been erected thereon part of the buildings of the College and it is desirable that the said lands be vested in the College in trust as a site for College buildings and as grounds appertaining thereto: And whereas the land seventhly described in the said subsection is portion of the Wellington Town Belt vested in the Corporation for an estate in fee simple upon trust as a public recreation ground for the inhabitants of the City of Wellington: And whereas the said land has long been used for street purposes and it is desirable to vest it in the Corporation for those purposes: Be it therefore enacted as follows: 1: The portion of public street firstly described in subsection (8) is hereby declared to be closed and is hereby vested in the College in trust as a site for College buildings and as grounds appertaining thereto subject to the provisions of the Victoria University College Act 1933 2: The portion of public street secondly described in subsection (8) Public Works Act 1928 3: The vesting in the College of the land thirdly described in subsection (8) Public Works Act 1928 provided that the right is reserved to the College and its licensees, invitees, servants, and agents to cross and recross the said land with or without vehicles of all descriptions, horses, or other animals, and reserving further to the College the right to build over the said land at a height of not less than 15 feet above the surface thereof subject to such conditions as to safeguarding the users of the said access way as the Corporation may impose. 4: The vesting in the Roman Catholic Archbishop of the Archdiocese of Wellington of the land fourthly described in subsection (8) Public Works Act 1928 5: The vesting in the Roman Catholic Archbishop of the Archdiocese of Wellington of the lands fifthly and sixthly described in subsection (8) Victoria University College Act 1933 6: The vesting in the Corporation of the land seventhly described in subsection (8) Municipal Corporations Act 1954 7: The District Land Registrar for the Land Registration District of Wellington is hereby authorized and directed, upon application being made to him in that behalf and upon payment of all necessary fees and the deposit of such plan or plans as he may require, to issue certificates of title for the land declared to be vested in the College and for the land declared to be vested in the Corporation as access way and to do all such other things as may be necessary to give effect to the provisions of this section. 8: The land to which this section relates is more particularly described as follows: All those areas in the Wellington Land District, City of Wellington, being— Firstly, all that area containing by admeasurement 28 perches and eleven hundredths of a perch, more or less, abutting Reserve 7, Town of Wellington, and the Town Belt adjoining the Town of Wellington, being the land more particularly delineated on the plan numbered 20231, lodged in the office of the Chief Surveyor, at Wellington, and thereon coloured green. Secondly, all that area containing by admeasurement 1 perch and forty-six hundredths of a perch, more or less, abutting Reserve 7, Town of Wellington, a public street, and the land firstly described herein, being the land more particularly delineated on the plan numbered 20231, lodged in the office of the Chief Surveyor, at Wellington, and thereon coloured sepia. Thirdly, all that area containing by admeasurement 13 perches and four hundredths of a perch, more or less, being part of the Town Belt adjoining the Town of Wellington, and being part of the land comprised and described in certificate of title, Volume 401, folio 286, Wellington Registry, and being the land more particularly delineated on the plan numbered 20231, lodged in the office of the Chief Surveyor, at Wellington, and thereon coloured purple. Fourthly, all that area containing by admeasurement 25 perches and fifty-seven hundredths of a perch, more or less, being part Reserve 7, Town of Wellington, and being part of the land comprised and described in Deeds Index, Volume 6, folio 755, Wellington Registry, and being the land more particularly delineated on the plan numbered 20231, lodged in the office of the Chief Surveyor, at Wellington, and thereon coloured red. Fifthly, all that area containing by admeasurement 16 perches and thirty-seven hundredths of a perch, more or less, being part Reserve 7, Town of Wellington, and being part of the land comprised and described in Deeds Index, Volume 6, folio 755, Wellington Registry, and being the land more particularly delineated on the plan numbered 20231, lodged in the office of the Chief Surveyor, at Wellington, and thereon coloured orange. Sixthly, all that area containing by admeasurement 2 perches and ninety-four hundredths of a perch, more or less, being part of Reserve 7, Town of Wellington, and being part of the land comprised and described in Deeds Index, Volume 6, folio 755, Wellington Registry, and being the land marked Severance Seventhly, all that area containing by admeasurement 6 perches and eleven hundredths of a perch, more or less, being part of the Town Belt adjoining the Town of Wellington, being part of the land comprised and described in Deeds Index, Volume 1, folio 4A, Wellington Registry, and being the land more particularly delineated on the plan numbered 20231, lodged in the office of the Chief Surveyor, at Wellington, and thereon coloured blue. 7: Authorizing the winding-up of the New Zealand Romney Marsh Sheep Breeders' Association Whereas the New Zealand Romney Marsh Sheep Breeders' Association (in this section referred to as the Association Agricultural and Pastoral Societies Act 1908 And whereas the members of the Association consider that a society incorporated under the Incorporated Societies Act 1908 Incorporated Societies Act 1908 proposed society And whereas the Agricultural and Pastoral Societies Act 1908 And whereas it is desirable and expedient that provision be made accordingly: Be it therefore enacted as follows: 1: Notwithstanding anything in the Agricultural and Pastoral Societies Act 1908 Agricultural and Pastoral Societies Act 1908 2: The Association is hereby authorized and empowered to assign, transfer, set over, and vest in the proposed society all the land described in subsection (6) provided that, before divesting itself of its assets, the Association shall pay or otherwise satisfy all debts owing by the Association at the date of its winding-up. 3: Every financial member of the Association at the date of the winding-up thereof shall, subject to the provisions of the Incorporated Societies Act 1908 4: No transfer, assignment, or assurance of assets of the Association in favour of the proposed society made pursuant to subsection (2) 5: The District Land Registrar for the Land Registration District of Wellington is hereby authorized and directed to make such entries in the register books, accept such documents for registration, and do all such other acts and things as may be necessary to give effect to the provisions of this section. 6: The land to which this section relates is particularly described as follows: All that area in the Wellington Land District containing by admeasurement 9 perches and twenty-four hundredths of a perch, more or less, being Lot 1 on the plan lodged in the Land Registry Office at Wellington under Number 14067, being part of Subdivision A, Manchester Block, situated in the Borough of Feilding, and being all the land comprised and described in certificate of title, Volume 537, folio 154, Wellington Registry, subject to and together with the party wall easements affecting the same. 8: Authorizing the Auckland Hospital Board to sell or exchange certain endowment land Whereas the areas of land described in subsection (3) Board And whereas these areas have for many years past been fenced in with adjoining lands not vested in the Board: And whereas certain portions of adjoining land not vested in the Board have also for many years been fenced in with the Board's lands: And whereas it is desirable that the areas not fenced in with the balance of the main hospital site should be disposed of to the owners of adjoining lands: And whereas the Board has no power to do this and it is desirable that it should be authorized to do so: Be it therefore enacted as follows: 1: Notwithstanding anything to the contrary in the Auckland Hospital Reserves Act 1883 Auckland Hospital Acts Amendment Act 1907 subsection (3) 2: The District Land Registrar for the Auckland Land Registration District is hereby authorized and directed to deposit such plans, to accept such documents for registration, to make such entries in the register books, and to do all such other things as may be necessary to give effect to the provisions of this section. 3: The land to which this section relates is more particularly described as follows: All those areas in the North Auckland Land District, Eden County, containing together by admeasurement 7 perches and four-tenths of a perch, more or less, being parts of Allotment 41, Section 3, Suburbs of Auckland, situated in Block VIII, Rangitoto Survey District, and being part of the land comprised and described in certificate of title, Volume 757, folio 246, Auckland Registry (limited as to parcels and to title): as the same are more particularly delineated on the plan lodged in the office of the Chief Surveyor, at Auckland, under Number 37731, and thereon coloured yellow. 9: Authorizing boundary adjustments between the Auckland Public Hospital and the Auckland Domain and defining the status of the Auckland Hospital site Whereas the areas of land firstly described in subsection (6) Corporation Auckland Domain Vesting Act 1893 And whereas the said areas of land have been occupied for many years by the Auckland Hospital Board (in this section referred to as the Board And whereas it is desirable and expedient that the said areas of land be vested in the Board: And whereas the land secondly described in the said subsection (6) Auckland City and Auckland Hospital Board Empowering Act 1922 And whereas the land thirdly described in the said subsection (6) Auckland Hospital Reserves Act 1890 And whereas the land adjacent to the lands secondly and thirdly described in the said subsection (6) And whereas the said lands have been used for many years as part of the Auckland Domain and it is desirable and expedient that the said lands should be vested in the Corporation: And whereas the land fourthly described in the said subsection (6) Auckland Hospital Reserves Act 1890 And whereas the land adjacent thereto is vested in the Corporation as a site for a morgue: And whereas, for the purpose of enlarging the site of the said morgue, it is desirable and expedient that the said land shall be vested in the Corporation as an addition to the existing morgue site: And whereas certain areas of land comprising the site of the Auckland Public Hospital are vested in the Board subject to different trusts, reservations, and conditions and it is desirable that these lands, being those fifthly and sixthly described in subsection (6) Be it therefore enacted as follows: 1: The vesting in the Corporation, pursuant to the Auckland Domain Vesting Act 1893 subsection (6) section 70 of the Hospitals Act 1926 2: The vesting in the Board, pursuant to the Auckland City and Auckland Hospital Board Empowering Act 1922 Auckland Hospital Reserves Act 1890 subsection (6) Auckland Domain Vesting Act 1893 3: The vesting in the Board, pursuant to the Auckland Hospital Reserves Act 1890 subsection (6) paragraph (c) of section 163 of the Municipal Corporations Act 1954 4: Notwithstanding anything to the contrary in any Act or rule of law, the trusts, reservations, and conditions affecting the lands fifthly and sixthly described in subsection (6) section 70 of the Hospitals Act 1926 5: The District Land Registrar for the Land Registration District of Auckland is hereby authorized and directed to deposit such plans, to accept such documents for registration, to make such entries in the register books, and to do all such other things as may be necessary to give effect to the provisions of this section. 6: The land to which this section relates is more particularly described as follows: All those areas in the North Auckland Land District, Eden County, situated in Block VIII, Rangitoto Survey District, being— Firstly, all those areas containing together by admeasurement 1 rood 9 perches and nine-tenths of a perch, more or less, and being parts of the Auckland Domain: as the same are more particularly delineated on the plan lodged in the office of the Chief Surveyor, at Auckland, under Number 37731, and thereon coloured blue. Secondly, all that area containing by admeasurement five-tenths of a perch, more or less, and being part of the Auckland Domain and being part of the land comprised and described in certificate of title, Volume 430, folio 252, Auckland Registry: as the same is more particularly delineated on the plan lodged in the office of the Chief Surveyor, at Auckland, under Number 37731, and thereon coloured yellow. Thirdly, all that area containing by admeasurement seven-tenths of a perch, more or less, being part of the Auckland Domain and being part of the land comprised and described in certificate of title, Volume 717, folio 264, Auckland Registry: as the same is more particularly delineated on the plan lodged in the office of the Chief Surveyor, at Auckland, under Number 37731, and thereon coloured sepia. Fourthly, all that area containing by admeasurement 5 perches and nine-tenths of a perch, more or less, being part of the Auckland Domain and being part of the land comprised and described in certificate of title, Volume 717, folio 264, Auckland Registry: as the same is more particularly delineated on the plan lodged in the office of the Chief Surveyor, at Auckland, under Number 37731, and thereon coloured sepia. Fifthly, all that area containing by admeasurement 3 acres 3 roods 21 perches and four-tenths of a perch, more or less, being part of the Auckland Domain and being the residue of the land remaining and described in certificate of title, Volume 717, folio 264, Auckland Registry, after deducting the land thirdly and fourthly described in this subsection. Sixthly, all that area containing by admeasurement 12 acres, more or less, being Allotment 41 of Section 3, Suburbs of Auckland, and being all the land comprised and described in certificate of title, Volume 757, folio 246, Auckland Registry (limited as to parcels and to title). 10: Authorizing the Manaia Town Council to sell certain land Whereas the lands firstly described in subsection (7) And whereas the Manaia Town Council (in this section referred to as the Council And whereas the land secondly described in subsection (7) And whereas the said land secondly described is required as a site for the erection of an automatic telephone exchange: And whereas it is desirable and expedient to empower the Council to dispose of the said lands firstly and secondly described in subsection (7) And whereas the Council is possessed of certain money, being the proceeds from the sale by the Council of certain other of its endowment lands, and it is expedient also to apply that money in the manner hereinafter provided: Be it therefore enacted as follows: 1: Notwithstanding anything to the contrary in any Act or rule of law, the Council may sell the lands firstly described in subsection (7) 2: The net proceeds from the sale of the said lands firstly described in subsection (7) 3: Notwithstanding anything to the contrary in any Act or rule of law, the Council may sell the land secondly described in subsection (7) 4: The net proceeds from the sale of the land secondly described in subsection (7) subsection (2) 5: The money now held by the Council from the sale of certain of its other endowment lands shall be paid into the account referred to in subsection (2) subsection (2) 6: The District Land Registrar for the Land Registration District of Taranaki is hereby authorized and directed to deposit such plans, to accept such documents for registration, to make such entries in the register books, and to do all such other things as may be necessary to give effect to the provisions of this section. 7: The lands to which this section relates are particularly described as follows: Firstly, all those areas of land in the Town District of Manaia each containing 1 rood, more or less, and being Sections 3 and 14, Block IV, Section 4, Block VI, Section 22, Block VII, Sections 8 and 19, Block VIII, Section 3, Block XII, Section 1, Block XIII, Sections 11 and 16, Block XVI, Sections 8 and 18, Block XXI, Sections 3 and 14, Block XXIV, Sections 3 and 13, Block XXV, Sections 7 and 18, Block XXVI, Sections 5 and 16, Block XXVII, and Sections 9 and 20, Block XXVIII, all of the Town of Manaia, and being the land comprised and described in certificates of title, Volume 14, folios 246, 236 (part), 235 (part), 234, 239 (part), 242 (part), 252, 261, 250, 255, 257, 251, and 254, Taranaki Registry. Secondly, all that area of land in the Town District of Manaia containing by admeasurement 1 rood, more or less, and being Lots 1 and 2 on a plan deposited in the Land Registry Office at New Plymouth, under Number 4374, and being Section 20, Block XIV, Town of Manaia, and being the whole of the land comprised and described in certificate of title, Volume 71, folio 230, Taranaki Registry. 11: Authorizing the Governor-General to proclaim certain lands in Maniototo County and Naseby Borough to be Crown land Whereas certain lands in the Borough of Naseby and the County of Maniototo in the Otago Land District have been either granted in fee simple or leased or have been taken up under residence site or business site or special claim licences issued under the Mining Act 1926 And whereas many of the owners and licensees of these lands cannot be traced and their lands have been abandoned: And whereas certain of the said lands are occupied and it is not possible to perfect the titles of the occupiers: And whereas, for the better planning of the district, it is desirable that the said lands or portions thereof should be resumed by Her Majesty and disposed of as Crown land, but subject to the rights of the owners or licensees thereof to claim compensation as hereinafter provided: And whereas, when the said areas were subdivided, various strips of land were laid off as roads or streets: And whereas some of these roads or streets are legal and others have never been legalized: And whereas some of them have never been used as roads and will not be required as roads or streets in the future: And whereas there are buildings on or partly on some of the roads or streets and it will be necessary to close such parts of roads or streets as are built on and to vest them in Her Majesty as Crown land to enable their disposal to the owners of the buildings: And whereas certain lands have been set apart as an endowment for the Borough of Naseby and the Naseby Borough Council has permitted certain persons to erect houses thereon but is unable to give a secure tenure: And whereas for the better utilization of these lands it is desirable that they should also be vested in Her Majesty as Crown land to enable their better disposal, but subject to the rights of the occupiers thereof: And whereas it is desirable that special provision be made to deal with these various matters: Be it therefore enacted as follows: 1: The lands firstly described in subsection (7) Land Act 1948 2: The Governor-General may from time to time by Proclamation close any streets or roads, whether legal or otherwise, within the boundaries of the land secondly described in subsection (7) Land Act 1948 provided that the Land Settlement Board established under the provisions of the Land Act 1948 bona fide 3: Before exercising any of the powers conferred on him by this section, the Governor-General shall cause not less than 3 months' notice of his intention so to do to be given in the Gazette 4: If at any time within 5 years after the date specified in any Proclamation issued under this section, the registered proprietor or licensee or any other person having any estate or interest in any land to which the Proclamation relates adduces satisfactory evidence of his title to or interest in that land, he shall be entitled to claim compensation for his interest therein. The amount of any such compensation shall in every case be determined by the Land Settlement Board, and on any such determination shall, without further appropriation than this section, be paid out of the Land Settlement Account established under the Land Act 1948 provided that in no case shall the amount of compensation awarded under this section exceed the unimproved value, as determined by the said Board, of the land as at the date specified in the Proclamation affecting the land, together with the value, as at that date and as determined by the said Board, of any improvements then existing on the land and effected by the claimant or at his expense. 5: This section applies to all land laid off as roads or streets whether or not the same have been legalized, and to all land in respect of which residence site or business site or special claim licences under the Mining Act 1926 subsection (7) 6: The District Land Registrar of the Land Registration District of Otago is hereby authorized and directed to make such entries in the register books and to do all such other things as may be necessary to give effect to the provisions of this section. 7: The lands to which this section relates are more particularly described as follows: Firstly, all those areas in the Otago Land District situated in the Borough of Naseby, containing together by admeasurement 12 acres 2 roods and 5 perches, more or less, being part of Block I and Sections 169 to 178 (inclusive), Block I, part of Block II and Section 52, Block II, Block VII and part of Block X, Town of Naseby: Secondly, all that area in the Otago Land District situated in the Borough of Naseby and County of Maniototo containing by admeasurement 325 acres, more or less, being the Town of Naseby and part of Block I, Naseby Survey District: As the same are more particularly delineated on the plan marked L and S 22/5093, deposited in the Head Office of the Department of Lands and Survey, at Wellington, and thereon bordered red and blue respectively (SO Plan 12159). 12: Authorizing the Te Awamutu Borough Council to use certain land for housing purposes Whereas the land described in subsection (4) Council And whereas the said land is no longer required for the purpose of a reservoir: And whereas, pursuant to section 4 Board And whereas the Board has since acquired a more centrally situated site and the land is now no longer required by it for hospital purposes: And whereas there is an urgent need for housing sections in Te Awamutu: And whereas it is desirable to authorize the Council to use the said land for housing purposes: Be it therefore enacted as follows: 1: Notwithstanding anything to the contrary in section 4 subsection (4) Part 24 of the Municipal Corporations Act 1954 2: The District Land Registrar for the Land Registration District of Auckland is hereby authorized and directed to deposit such plans, to accept such documents for registration, to make such entries in the register books, and to do all such other things as may be necessary to give effect to the provisions of this section. 3: Section 4 4: The land to which this section relates is particularly described as follows: All that area in the South Auckland Land District situated in the Borough of Te Awamutu containing by admeasurement 3 acres 3 roods 27 perches and two-tenths of a perch, more or less, being all the land on a plan deposited in the Land Registry Office at Auckland, under Number 25486, being portion of Allotment 241, Parish of Mangapiko, and being the whole of the land comprised and described in certificate of title, Volume 672, folio 101, Auckland Registry. 13: Validating a lease and vesting certain land in the Corporation of the Borough of Cambridge in fee simple and declaring other land to be vested in the said Corporation for recreation purposes Whereas the land firstly described in subsection (5) Corporation Plans of Towns Regulation Act 1875 And whereas the land secondly described in subsection (5) Reserves and Domains Act 1953 And whereas the Corporation has granted a lease for a term of 66 years over the land so secondly described to certain stock firms for saleyard purposes: And whereas there is no authority in the Reserves and Domains Act 1953 And whereas, to enable the issue of the said lease, it has been agreed that the reservation over the land secondly described as aforesaid should be revoked and the land vested in the Corporation for an estate in fee simple, and it has also been agreed to the change of purpose of the land firstly described as aforesaid from an endowment in aid of Borough funds to a reserve for recreation purposes subject to the Reserves and Domains Act 1953, and to the vesting of that land in the Corporation, in trust, for those purposes: And whereas it is desirable that provision be made accordingly: Be it therefore enacted as follows: 1: Notwithstanding anything to the contrary in the Reserves and Domains Act 1953 2: The vesting in the Corporation of the land firstly described in subsection (5) Reserves and Domains Act 1953 3: The vesting in the Corporation of the land secondly described in subsection (5) 4: The District Land Registrar for the Land Registration District of Auckland is hereby authorized and directed to make such entries in the register books, to register such instruments, and to do all such other things as may be necessary to give effect to the provisions of this section. 5: The land to which this section relates is particularly described as follows: All those areas in the South Auckland Land District, Borough of Cambridge, being— Firstly, all those areas containing together by admeasurement 27 perches and forty-four hundredths of a perch, more or less, being Allotments 601 and 606, Town of Cambridge East, situated in Block IX, Cambridge Survey District, and shown on the plan deposited in the Land Registry Office at Auckland, under Number 4682, and being part of the land comprised and described in certificate of title, Volume 620, folio 90, Auckland Registry. Secondly, all those areas containing together by admeasurement 6 acres, more or less, being Allotments 429, 429A, 430, 430A, 431, 431A, 432, 432A, 433, 433A, 434, and 434A, Town of Cambridge East, situated in Block IX, Cambridge Survey District, and shown on a plan deposited in the Land Registry Office at Auckland, under Number 18836, and being all the land comprised and described in certificate of title, Volume 500, folio 80, Auckland Registry. 14: Authorizing the Corporation of the City of Napier to lease certain endowment land Section 14 repealed 8 September 1999 section 6(c) Napier Borough Endowments Amendment Act 1999 15: Removing certain land from the provisions of section 5(3) of the Paritutu Centennial Park Act 1938 Section 15 repealed 25 October 1963 section 20(5) Reserves and Other Lands Disposal Act 1963 16: Cancelling the vesting in Her Majesty for railway purposes of certain land and declaring that land to be public road Whereas the areas of land described in subsection (3) And whereas the said areas form portion of the Outram branch railway in the Otago Land District and this railway has now been closed: And whereas the Taieri County Council (in this section referred to as the Council Be it therefore enacted as follows: 1: Notwithstanding anything to the contrary in the Government Railways Act 1949 subsection (3) 2: The District Land Registrar for the Land Registration District of Otago is hereby authorized and directed to make such entries in the register books, to register such instruments, and to do all such other things as may be necessary to give effect to the provisions of this section. 3: The land to which this section relates is particularly described as follows: All those areas of railway land in the Otago Land District, Taieri County, being— Firstly, all that area containing by admeasurement 3 acres and 2 roods, more or less, being part Section 12, Block VI, East Taieri Survey District: Secondly, all that area containing by admeasurement 9 acres, more or less, being part Sections 1, 2, 3, 4, 5, and 6, Block XVI, East Taieri Survey District: Thirdly, all that area containing by admeasurement 20 perches, more or less, being part Section 1, Block XVII, East Taieri Survey District: Fourthly, all that area containing by admeasurement 8 acres 2 roods and 30 perches, more or less, being part Sections 1, 2, 3, 4, 5, and 6, Block XVII, East Taieri Survey District: Fifthly, all that area containing by admeasurement 12 acres, more or less, being part Sections 1, 2, 3, 4, 5, 6, 7, and 8, Block XVIII, East Taieri Survey District: Sixthly, all that area containing by admeasurement 6 acres and 20 perches, more or less, being part Sections 1 and 7, Block I, West Taieri Survey District: As the same are more particularly delineated on the plan marked L and S 16/3200, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured red (SO Plan 12124). 17: Special provisions relating to the control of lands adjacent to the foreshore of the sea in the Marlborough Sounds and Croisilles–French Pass area Section 17 repealed 13 January 1983 section 7(12) Reserves and Other Lands Disposal Act 1982 18: Vesting railway land in the Corporation of the City of Wellington for water supply and other purposes Whereas the areas of land firstly, secondly, and thirdly described in subsection (7) said areas And whereas, as a result of the construction of the Rimutaka Tunnel deviation, the said areas will, when the new line is opened for rail traffic, be no longer required for railway purposes: And whereas the said areas adjoin land vested in the Mayor, Councillors, and Citizens of the City of Wellington (in this section referred to as the Corporation section 4 of the Wellington City and Suburban Water Supply Act 1927 And whereas the Corporation desires the said areas to be vested in it for the same purposes as the adjoining land: And whereas it is desirable and expedient for the said areas to vest as aforesaid without consideration and subject to the conditions, easements, and restrictions set out in this section but otherwise freed and discharged from all trusts, reservations, and restrictions heretofore affecting the same: Be it therefore enacted as follows: 1: The vesting in Her Majesty of the areas of land firstly, secondly, and thirdly described in subsection (7) is hereby cancelled and the said areas are hereby declared to be vested without consideration in the Corporation for the purposes set out in section 4 of the Wellington City and Suburban Water Supply Act 1927 provided that all improvements on the said areas so vested shall remain the property of Her Majesty and the right is reserved to Her Majesty to remove all rails, sleepers, telegraph lines, bridges, buildings, and other materials whatsoever: provided also, that Her Majesty may sell to the Corporation any improvements on the said areas which the said Corporation desires to purchase and the said Corporation is hereby authorized to purchase such improvements at a price to be mutually agreed upon. 2: There is hereby reserved unto Her Majesty and her agents, servants, workmen, and contractors a full and free right of way for access purposes at all times and from time to time either on foot and with or without implements, horses, carts, or other vehicles of all descriptions over a route to be mutually agreed upon situate on the area of land secondly described in subsection (7) 3: There is hereby reserved unto Her Majesty a full and free right at all times and from time to time to obtain without payment an uninterrupted supply of water for railway purposes at Mangaroa from the existing intake or from any suitable alternative intake which may hereafter be provided by Her Majesty on Section 11, Block XV, Akatarawa Survey District (being land vested in the Corporation for water supply and other purposes pursuant to section 4 of the Wellington City and Suburban Water Supply Act 1927 subsection (7) subsection (1) 4: There is hereby reserved unto Her Majesty and her agents, servants, workmen, and contractors a full and free right of entry at all times and from time to time over all portions of the said Section 11, Block XV, Akatarawa Survey District, and that portion of the area of land firstly described in subsection (7) subsection (1) 5: The date of the vesting in the Corporation of the areas of land firstly, secondly, and thirdly described in subsection (7) 6: The District Land Registrar for the Land Registration District of Wellington is hereby authorized and directed, on application being made to him in that behalf and on payment of the appropriate fees, to issue such certificate of title and to make such entries in the register books, to register such instruments, and to do all such other things as may be necessary to give effect to the provisions of this section. 7: The areas of land to which this section relates are particularly described as follows: All those areas of railway land in the Wellington Land District, Hutt County, being— Firstly, all that area containing by admeasurement 76 acres 3 roods and 25 perches, more or less, situated in Block XV, Akatarawa Survey District: Secondly, all that area containing by admeasurement 153 acres, more or less, situated in Block XV, Akatarawa Survey District, and Block III, Rimutaka Survey District: Thirdly, all that area containing by admeasurement 180 acres, more or less, situated in Blocks III and IV, Rimutaka Survey District: As the same are more particularly delineated on a plan lodged in the office of the Chief Surveyor, at Wellington, under Number 23391, and thereon coloured pink, yellow, and pink respectively. 19: Authorizing the Hutt Park Committee to lease certain land Section 19 repealed 6 May 1982 section 8(e) Lower Hutt City Council (Hutt Park) Act 1982 20: Making special provision for the setting apart of lands required for the Wallaceville Animal Research Station Section 20 repealed 10 April 1998 section 48(1) Crown Research Institutes Act 1992 21: Repealing section 31 of the Reserves and Other Lands Disposal Act 1938 and making certain provisions incidental thereto Whereas section 31 Minister And whereas, by the same section, the Wairewa County Council (in this section referred to as the Council And whereas the Council raised the said loans of 4,000 pounds and 1,000 pounds but reinvested them pending a decision on the construction of the said works: And whereas the Council has not struck the rates in respect of the said loans as provided by the said section 31 And whereas it has been found impracticable and uneconomic to proceed with the said works: And whereas it has been agreed between the Minister and the Council that the works shall not be undertaken but that the Council shall not suffer any loss by reason thereof: And whereas doubts have arisen as to the Council's title to its endowment, Reserve 3586, and the manner in which the trust attached to the said Reserve may be exercised: And whereas it is desired to put these matters beyond doubt and also to confirm the Council's title to its other endowment area, Reserve 3185: And whereas it is desirable and expedient to make provision for these and certain other matters incidental thereto: Be it therefore enacted as follows: 1: Section 31 2: Notwithstanding anything to the contrary in any Act or rule of law, the reinvestment by the Council of the proceeds of the said loans of 4,000 pounds and 1,000 pounds is hereby validated and declared to have been lawful. 3: The Minister is hereby authorized to pay to the Council the sum of 907 pounds 8 shillings and 1 penny as compensation for all losses incurred by the Council in raising, administering, and redeeming the said loans and in investing and reinvesting loan moneys received from the said loans. 4: The vesting in the Council as an endowment of Reserves 3586 and 3185, being all the lands comprised and described in certificates of title, Volume 158, folio 250, and Volume 182, folio 104, respectively, Canterbury Registry, upon the trusts as heretofore affecting the reserves is hereby validated and declared to have been lawful, and, in respect of the said reserves, the following provisions shall apply: a: Reserve 3586 shall be held upon trust to provide funds for the purposes of letting out Lake Forsyth into the sea in times of flood and of keeping Lake Forsyth at such level as the Council shall deem expedient, subject to the provisions of section 143 b: Reserve 3185 shall be held upon trust for the purposes of enabling the Corporation to erect drainage works by which the annually recurring losses and injury caused by the flood waters of Lake Forsyth may be prevented. 5: The Council may, until the maturity of the investments representing the said loan moneys, continue to pay the redemption payments on the said loans from its General Account and shall, upon the maturity of any such investments, reimburse to its General Account such amount as may then have been paid therefrom in redemption of the said loans, and the amount so reimbursed may be used for such purposes in the County of Wairewa as the Council shall deem fit. The Council shall apply the balance of the said loan moneys towards future redemption payments on the said loans and may continue to invest and reinvest such balance as may from time to time be held by the Council in such investments as shall for the time being be authorized by law for the investment of trust funds and, if on maturity of the said loans, there are insufficient funds to complete repayment of the said loans, the Council is hereby authorized to make good any such deficiency by a payment from its General Account. 6: The Lake Forsyth Endowment Account, representing rents collected by or owing to the Council in respect of its endowment Reserves 3586 and 3185, is hereby declared to be closed and the Council shall establish a separate account for each of the said Reserves 3586 and 3185 and pay thereto all money now held or hereafter received in respect of the said reserves. 7: The money in the said accounts shall be expended as required for the proper fulfilment of the objects of the trusts of the reserve to which each account is related and the Council may from time to time, and until such time as the money in the separate accounts shall be required for the purposes aforesaid, invest and reinvest the money in each separate account in such investments as shall for the time being be authorized by law for the investment of trust funds and all income received from any such investments shall be accumulated and added to the money in each of such separate accounts and the Council shall have the power to make such charges against such separate accounts for reasonable expenses incurred in the administration of the trusts relating to each of the said reserves as shall be approved by the Controller and Auditor-General. 8: The District Land Registrar for the Land Registration District of Canterbury is hereby authorized and directed to make such entries in the register books and to do all such other things as may be necessary to give effect to the provisions of this section. 22: Authorizing the abolition of the New River Harbour Board and vesting certain land the property of that Board in the Corporation of the City of Invercargill Whereas, pursuant to the authority of the New River Harbour Board Ordinance 1874 Corporation And whereas for many years the Corporation has been the Harbour Board for the New River Harbour and has expended substantial sums of money on the development and reclamation for farming and commercial purposes of certain portions of the said land: And whereas portions of the said land are leased by the Corporation to the Crown and to various other persons: And whereas the revenue from the said land credited to the Harbour Fund has for many years now been insufficient to meet the cost of this reclamation and development work and the General Account of the Corporation has been drawn upon to meet the deficiency: And whereas this endowment land has been used and developed more for municipal purposes than for harbour purposes: And whereas the harbour has not been used for commercial shipping for over 20 years and it would be impracticable and uneconomic to develop it as a commercial harbour and a Harbour Board is no longer required to control it: And whereas it is desirable that the Harbour Board for the New River Harbour be abolished and that the status of the land firstly and thirdly described in the Schedule be altered and the land be revested in the Corporation as an endowment for municipal purposes and also that all assets and liabilities of the said Board be vested in the Corporation: And whereas, to ensure the safe pilotage of any small vessels over the harbour bar, it is also desirable that a harbourmaster be retained for this purpose: And whereas the site of the Invercargill Aerodrome is situated on portion of the said land and it is further desired that the status over the land secondly described in the Schedule be altered and the land be revested in the Corporation as a reserve for aerodrome purposes: Be it therefore enacted as follows: 1: Notwithstanding anything in the Harbours Act 1950 Schedule 2 of the Harbours Act 1950 2: Notwithstanding anything to the contrary in the New River Harbour Board Ordinance 1874 provided that nothing in this section shall be deemed to affect the validity of any dealing with any part of the said land in accordance with the terms under which it was held prior to the commencement of this Act. 3: The land firstly and thirdly described in the Schedule is hereby declared to be vested in the Corporation upon trust as an endowment for municipal purposes subject to the provisions of the Municipal Corporations Act 1954 provided that the provisions of sections 147 and 148 of the Harbours Act 1950 4: The land secondly described in the Schedule is hereby declared to be vested in the Corporation upon trust as a reserve for aerodrome purposes subject to the Reserves and Domains Act 1953 provided that the provisions of sections 147 and 148 of the Harbours Act 1950 5: All leases over any portion of the land firstly and thirdly described in the Schedule subsisting on the coming into force of this section shall be deemed to be made between the Corporation and the lessee named in the instrument of lease and shall continue in full force and effect according to their tenor. 6: 7: The District Land Registrar for the Land Registration District of Southland is hereby authorized and directed to make such entries in the register books, to register such instruments, and to do all such other things as may be necessary to give effect to the provisions of this section. 8: The following enactments are hereby repealed: a: the New River Harbour Board Land Act 1875 b: the New River Harbour Endowment and Borrowing Act 1878 c: the New River Pilot Station Reserve Act 1879 d: the New River Harbour Endowments Act 1883 e: the Invercargill Corporation Empowering Act 1888 f: the New River Harbour Reclamation Act 1902 g: the Sandy Point and Grasmere Domains Vesting Act 1906 h: Section 97 9: Without limiting the provisions of the Acts Interpretation Act 1924 Section 22(6) repealed 5 December 1962 section 8 Reserves and Other Lands Disposal Act 1962 23: Amending section 79 of the Local Legislation Act 1927 in respect of certain financial adjustments between the Crown and the Auckland City Council Whereas by section 79 subsection (11) of that section And whereas the said section 79 Gazette Council And whereas it was further provided that, until the publication of such notice as aforesaid, special rates could not be charged by the Council in respect of the said Orakei Garden Suburb: And whereas the 50% of the saleable land has not been sold by the Crown but, because of the erection of State houses and the reservation of other land in the Orakei Garden Suburb, the whole of the area has been fully developed: And whereas, because of the general development of the locality, it has been agreed between the Council and the Crown that the said sum of 200,000 pounds shall be deemed to have been lent to the Council and the Council shall be deemed to have lawfully borrowed the same from the Crown on 31 March 1956, and that the Council may from that date charge special rates in respect of the Orakei Garden Suburb land: And whereas certain new financial arrangements have also been agreed upon between the Council and the Crown for the repayment of the said sum of 200,000 pounds and it is desirable that provision be made to give effect to these matters: Be it therefore enacted as follows: 1: Notwithstanding the provisions of section 79 subsection (4) of that section subsection (3) of that section 2: Notwithstanding the provisions of subsection (5) of the said section 79 provided that, until such time as the Minister of Lands publishes a notice in the Gazette subsection (3) of the said section 79 provided also that any amount so paid to the Crown shall not exceed the amount of the said annual instalment: provided further that, if any such payment is less than the annual instalment for that year, the balance of that instalment shall, without further appropriation than this section, be written off. 3: Except as otherwise provided by this section, the provisions of section 79 24: Declaring certain land to be vested in Her Majesty for recreation purposes and authorizing the Corporation of the City of New Plymouth to apply money towards certain purposes Whereas the land firstly and secondly described in subsection (4) Corporation Cemeteries Act 1908 And whereas the said land firstly and secondly described has not been declared to be dedicated and open as a cemetery pursuant to section 52 of the Cemeteries Act 1908 And whereas the land secondly described is adequate for the Corporation's requirements for the purposes of a cemetery: And whereas the Corporation proposes to subdivide the said land firstly described into building lots: And whereas the land thirdly described in subsection (4) And whereas the said land thirdly described is not required for the purposes of constructing waterworks and the Corporation wishes to vest it in the Crown in satisfaction of the reserve requirements under the Land Subdivision in Counties Act 1946 And whereas the land thirdly described is suitable for recreation purposes and it is desirable that it be vested in Her Majesty for such purposes subject to the Reserves and Domains Act 1953 And whereas the Corporation also desires the proceeds from the sale of the land in the proposed subdivision to be applied towards all or any of the purposes referred to in this section but there is no statutory or other power enabling the Corporation to do so: And whereas it is desirable and expedient that provision be made to give effect to these matters: Be it therefore enacted as follows: 1: The net proceeds of the sale of the land firstly described in subsection (4) a: the development and improvement as a cemetery of the land secondly described in subsection (4) b: the provision of roads, sewerage, water, and other services for the purposes of the proposed subdivision of the land firstly described in subsection (4) c: the establishment, development, and improvement of a crematorium. 2: The vesting in the Corporation of the land thirdly described in subsection (4) Reserves and Domains Act 1953 3: The District Land Registrar for the Land Registration District of Taranaki is hereby authorized and directed to deposit such plans, to accept such documents for registration, to make such entries in the register books, and to do all such other things as may be necessary to give effect to the provisions of this section. 4: The land to which this section relates is particularly described as follows: All those areas in the Taranaki Land District, Taranaki County, being— Firstly, all that area containing by admeasurement 5 acres 1 rood 35 perches and one-tenth of a perch, more or less, being Lots 1 to 25 inclusive on the scheme plan lodged in the office of the Chief Surveyor, at New Plymouth, under Number 453, and being part of Lot 1 on a Plan deposited in the Land Registry Office at New Plymouth under Number 5612, and being part Sections 85 and 86, Grey District, and part of Section 197, Fitzroy District, Block V, Paritutu Survey District, and being part of the land comprised and described in certificate of title, Volume 153, folio 196, Taranaki Registry. Secondly, all that area containing by admeasurement 31 acres 20 perches and nine-tenths of a perch, more or less, being the balance of the land in the said Scheme Plan Number 453, and being the balance of the land comprised and described in certificate of title, Volume 153, folio 196, Taranaki Registry, after deducting the land firstly described in this subsection. Thirdly, all that area containing by admeasurement 5 acres 3 roods 24 perches and six-tenths of a perch, more or less, being part of Section 184, Grey District, and part closed road, situated in Block V, Paritutu Survey District, and being part of the land comprised and described in certificate of title, Volume 45, folio 245, Taranaki Registry: as the same is more particularly delineated on the plan numbered L and S 1/1383, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red. 25: Authorizing the Patea Borough Council to expend certain money Whereas pursuant to the Patea Borough Council Empowering Act 1930 Council And whereas the net proceeds from the sale of the said reserves credited to the said Fund also includes the value of the improvements existing thereon and formerly owned by the Council: And whereas the Council is empowered to expend the revenue derived from the investment of the said Fund, but it is not empowered to use the capital sum thereof: And whereas it is desirable and expedient that the Council should be authorized to expend that portion of the said Fund which is represented by the value of the improvements as aforesaid: Be it therefore enacted as follows: Notwithstanding anything to the contrary in the Patea Borough Council Empowering Act 1930 26: Authorizing the removal of certain lands from the restrictions of section 19(8) of the Reserves and Other Lands Disposal Act 1938 Whereas section 19 Society And whereas subsection (8) of the said section 19 provided that the person to whom any land had been disposed of by the Society or the person to whom any land vested in His Majesty under the said section 19 was disposed of by the Crown shall not be capable of alienating, mortgaging, charging, or leasing the land or any part thereof or of creating any right, title, estate, or interest in the land or any part thereof except with the prior consent of the Minister of Lands on the recommendation of the Land Settlement Board: And whereas it is desirable and expedient that the provisions of the said subsection (8) Be it therefore enacted as follows: 1: Notwithstanding anything to the contrary in section 19 subsection (8) of the said section 19 2: The District Land Registrar for the Land Registration District of Auckland shall, upon the expiration of the said period of 5 years, note upon every certificate of title bearing the restriction imposed by the said subsection (8)

DLM291363

1955

Local Legislation Act 1955

1: Short Title This Act may be cited as the Local Legislation Act 1955. County Councils 2: Validating certain advance by Waipawa County Council Whereas during the year ended on 31 March 1954 the Waipawa County Council made an advance of the sum of 134 pounds 10 shillings and 9 pence to the Takapau Urban Fire Authority for the purpose of purchasing fire hose for the Takapau Fire Brigade, which advance was to be repayable in 4 equal annual instalments without interest: And whereas the said advance was made otherwise than as authorized by either the Fire Services Act 1949 section 45 Be it therefore enacted as follows: The action of the Waipawa County Council in advancing the sum of 134 pounds 10 shillings and 9 pence to the Takapau Urban Fire Authority to be repaid by way of 4 equal annual instalments without interest is hereby validated and the said sum shall be deemed to have been lawfully advanced. 3: Special provision with respect to abolition of riding accounts in Taupo County Whereas, by Order in Council made on 2 May 1955, the Taupo County was divided into ridings: And whereas the Taupo County Commissioner (in this section referred to as the Commissioner Gazette section 2 of the Counties Amendment Act 1931 sections 121 and 131 of the Counties Act 1920 Council And whereas, pursuant to the said section 2 And whereas it is desirable that the said special order should be deemed to have taken effect as on and from 2 May 1955: Be it therefore enacted as follows: 1: Notwithstanding the provisions of section 2 of the Counties Amendment Act 1931 sections 121 and 131 of the Counties Act 1920 sections 121 and 131 2: The action of the Commissioner in making and levying general rates over the county as a whole instead of separately in each riding for the year ending 31 March 1956 and in doing all things necessary preliminary thereto are hereby validated, and the said rates are hereby declared to have been lawfully made and levied and to be legally recoverable. 4: Vesting certain land in Corporation of County of Taranaki as a hall site Whereas by deed of trust Number 29623 dated 16 September 1903 the executors of the will of Thomas Hempton conveyed to certain trustees as the site for the Hempton Hall all that parcel of land containing by admeasurement 2 roods and sixteen-hundredths of a perch, more or less, being the north-eastern part of Section 62 on the public map of the Town of Okato and all the land comprised and described in certificate of title, Volume 126, folio 154, Taranaki Registry, upon trust for the use and benefit of the inhabitants within the limits of the Okato Road District or any smaller district in which the said land is included: And whereas by memorandum of transfer registered in the Land Registry Office at New Plymouth as Number 57129, Carlin Gill and Alexander Gregory Knight, as surviving trustees, appointed John Leo Power, Arthur John Smith, Ernest Bowyer Corbett, Clifford Clyde Eustace, Lawrence Carey, Laurence O'Sullivan, and Lawrence David Hickford as trustees: And whereas the said John Leo Power and Lawrence Carey have since died, and the said Arthur John Smith, Ernest Bowyer Corbett, Clifford Clyde Eustace, Laurence O'Sullivan, and Lawrence David Hickford (in this section referred to as the present trustees And whereas the said Okato Road District has been merged in the County of Taranaki: And whereas the Chairman, Councillors, and Inhabitants of the County of Taranaki (in this section referred to as the Corporation Public Works Act 1928 And whereas the present trustees desire to vest the balance of the said land containing by admeasurement 1 rood 1 perch and forty-eight hundredths of a perch, more or less, in the Corporation for the purposes of the said trust, but the Corporation is not authorized to accept lands on the terms of the said trust: And whereas the Corporation is prepared to accept the balance of the said land as a site for a public hall pursuant to section 198 of the Counties Act 1920 Be it therefore enacted as follows: 1: The Corporation is hereby authorized and empowered to accept a transfer to it of the balance of the said land to be held by it as a site for a public hall pursuant to section 198 of the Counties Act 1920 2: The Corporation and the present trustees are hereby authorized and empowered to execute all such deeds and documents and do all such other things as may be necessary for the effectual vesting in the Corporation of the land aforesaid. 3: Upon the transfer of the balance of the said land to the Corporation the present trustees shall be released and absolutely discharged from the trusts incidental to the said deed of 16 September 1903. 4: The District Land Registrar for the Land Registration District of Taranaki is hereby empowered and directed to make such entries in the register books and generally to do all such things as are necessary to give effect to the provisions of this section. 5: Authorizing raising of special loans by Matamata County Council Whereas the Matamata County Council (in this section referred to as the Council And whereas, before the raising of loans for the purpose of carrying out the said works, it has been necessary for the Council to expend money out of its Tokoroa Water Supply Separate Account (No 1) and Tokoroa Water Supply Separate Account (No 2) (in this section referred to as the Accounts And whereas the Local Government Loans Board has no authority to sanction the raising of a loan or loans for the purpose of enabling the Council to refund to the Accounts money expended thereout as aforesaid: And whereas it is desirable that authority be given for that purpose: Be it therefore enacted as follows: The Council is hereby authorized and empowered to borrow by way of special loans under the Local Bodies' Loans Act 1926 6: Provision with respect to overdraft of Ohura County Council Whereas the Ohura County Council (in this section referred to as the Council Local Bodies' Finance Act 1921–22 And whereas as at 31 March 1955 the amount owing by the Council to its bankers, together with the amount owing on certain cheques which had been drawn by the Council but had not been presented before that date, amounted in all to the sum of 21,282 pounds 13 shillings and 3 pence: And whereas it is desirable to make provision in manner hereinafter appearing: Be it therefore enacted as follows: 1: Notwithstanding anything to the contrary in the Local Bodies' Finance Act 1921–22 Local Bodies' Finance Act 1921–22 2: For the purpose of repaying the said outstanding liabilities the Council is hereby authorized and empowered to borrow from its bankers by way of overdraft, in the manner prescribed by section 3 of the said Act 3: The Council shall repay the said sum of 14,000 pounds by 7 equal payments out of money credited to its General Account, one such payment to be made in each year during the 7 years commencing on 1 April 1956: provided that the Council may in any year repay out of the said General Account an amount greater than any such seventh part. 4: The said sum of 14,000 pounds shall be carried to a separate account at the bank, and all payments made in reduction of the said sum shall be credited to that account. 5: The said sum of 14,000 pounds shall not at any time hereafter be deemed to have been taken into account, nor shall any amount at any time lawfully owing under this section hereafter be taken into account, in determining the amount that may be borrowed or that may be owed by the Council pursuant to section 3 of the said Act. 7: Provision with respect to repayment of overdraft of Buller County Council Whereas the Buller County Council (in this section referred to as the Council And whereas it is expedient that the Council should be authorized to raise a special loan for the purpose of repaying the money so borrowed: Be it therefore enacted as follows: 1: The Council is hereby authorized to borrow by way of special loan under the Local Bodies' Loans Act 1926, by special order, and notwithstanding anything in section 9 of that Act, without the prior consent of the ratepayers, a sum not exceeding 60,000 pounds and to apply any sum so borrowed in or towards repayment of any indebtedness of the Council on overdraft. 2: Any sum borrowed by the Council under the authority of this section shall be repaid at a rate of not less than 5,000 pounds per annum, the first of the said annual repayments to be made not later than 31 March 1956. 3: The Council may issue a single debenture or series of debentures by way of security for the loan, and the provisions of subsection (1) of section 27 of the Local Bodies' Loans Act 1926 City, Borough, and Town Councils 8: Proviso to section 7 of Auckland City Empowering Act 1932–33 repealed 1: The Auckland City Empowering Act 1932–33 section 7 2: This section shall be deemed to have come into force on 1 April 1955. 9: Authorizing Cromwell Borough Council to raise a special loan for housing purposes Whereas the Cromwell Borough Council (in this section referred to as the Council And whereas the Local Government Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Council to refund the said sum or part thereof to its District Fund Account: And whereas it is desirable to authorize the Council to raise a special loan not exceeding the sum of 1,216 pounds for the purpose of recouping its District Fund Account in respect of portion of the moneys advanced thereout as aforesaid: Be it therefore enacted as follows: The Council is hereby authorized and empowered to borrow by way of special loan under the Local Bodies' Loans Act 1926 10: Authorizing New Plymouth City Council to make certain grants to the New Plymouth Public Relations Office Incorporated The New Plymouth City Council is hereby authorized to make grants not exceeding 1,250 pounds to the New Plymouth Public Relations Office, a society incorporated under the Incorporated Societies Act 1908 11: Validating certain expenditure incurred by Palmerston Borough Council The expenditure by the Palmerston Borough Council during the financial year ended on 31 March 1954 of the sum of 147 pounds 13 shillings and 5 pence in the purchase of a mayoral chain and badge of office is hereby validated and declared to have been lawfully incurred. 12: Authorizing Taihape Borough Council to expend money in connection with jubilee celebrations The Taihape Borough Council is hereby authorized and empowered to expend a sum, not exceeding 250 pounds, out of its general revenues in connection with the celebration and commemoration of the borough jubilee in 1956 and to make payments and grants to any person or persons for those purposes. 13: Provision with respect to expenditure of money by Waitara Borough Council in connection with 50th anniversary celebrations The Waitara Borough Council (in this section referred to as the Council 14: Validating the sale of certain land by Alexandra Borough Council Whereas the Corporation of the Mayor, Councillors, and Citizens of the Borough of Alexandra is seised of an estate in fee simple in the land described in subsection (3) Public Libraries' Powers Act 1875 And whereas the public library that was erected on the said land was destroyed by fire many years ago: And whereas the Alexandra Borough Council (in this section referred to as the Council And whereas doubts have arisen as to the power of the Council to sell the said land and it is expedient that the said sale be validated: Be it therefore enacted as follows: 1: Notwithstanding anything contained in any Act or rule of law, the sale of the said land by the Council is hereby validated and the trusts or reservations heretofore affecting the same are hereby cancelled. 2: The District Land Registrar for the Land Registration District of Otago is hereby authorized and directed to accept such documents for registration and to do all such things as may be necessary to give effect to this section. 3: The land to which this section relates is more particularly described as follows: All that parcel of land containing by admeasurement 11 perches, more or less, situated in the Town of Alexandra, being Section 7, Block XV, on the public map of the said town, deposited in the office of the Chief Surveyor, at Dunedin, and being all the land comprised and described in certificate of title, Volume 116, folio 102, Otago Registry. 15: Validating borrowing of certain loan money by Kaiapoi Borough Council Whereas, by Order in Council made on 7 April 1954 (in this section referred to as the first Order in Council Council And whereas, by an Order in Council made on 11 August 1954 (in this section referred to as the second Order in Council And whereas, notwithstanding that the money which could be raised under the authorities conferred by the first and second Orders in Council was restricted to a total sum of 20,000 pounds, the Council has raised, in all, sums aggregating 30,000 pounds, of which a sum of 20,000 pounds has been raised on the determinations as to borrowing and repayment set forth in the first Order in Council and a sum of 10,000 pounds has been raised on the determinations as to borrowing and repayment set forth in the first Order in Council as varied by the second Order in Council: And whereas it is desirable that the Council's action should be validated: Be it therefore enacted as follows: The action of the Council in borrowing sums aggregating 30,000 pounds in the manner hereinbefore recited as portions of the Sewerage Loan 1952 of 100,000 pounds is hereby validated and the said sums shall be deemed to have been lawfully borrowed and the debentures issued in respect thereof shall be deemed to have been lawfully executed and issued and shall have full force and effect according to their tenor. 16: Validating certain town planning schemes in City of Napier Whereas at the commencement of the Town and Country Planning Act 1953 subsection (3) And whereas the Napier City Council failed to give the public notification required by paragraph (b) of subsection (2) of section 19 of the said Act And whereas it is desirable that the said schemes should be operative under the said Act: Be it therefore enacted as follows: 1: Notwithstanding the provisions of subsection (2) of section 19 of the Town and Country Planning Act 1953 subsection (2) subsection (3) paragraph (b) of subsection (2) of the said section 19 2: Within 2 months after the date of the passing of this Act the Napier City Council shall give public notification of the existence of the said schemes, of the place or places within the district where the said schemes may be inspected by the public, and of the fact that the said schemes have become operative district schemes for the purposes of the Town and Country Planning Act 1953 3: The town planning schemes to which this section refers are the Napier Business-Area Town Planning Scheme 1931, the Napier (Marewa) Town Planning Scheme 1936, the Napier (Marewa) Town Planning Scheme No 2, the Napier (Marewa) Town Planning Scheme No 3 and the Napier (Onekawa) Town Planning Scheme 1946. 17: Authorizing raising of special loan by Rangiora Borough Council Whereas the Rangiora Borough Council (in this section referred to as the Council subsection (2) And whereas the Local Government Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Council to refund the said sum to its Sewerage Account: And whereas it is desirable that authority be granted for that purpose: Be it therefore enacted as follows: 1: The Council is hereby authorized and empowered to borrow by way of special loan under the Local Bodies' Loans Act 1926 subsection (2) 2: The land to which this section relates is more particularly described as follows: All that parcel of land situated in Block VII of the Rangiora Survey District containing 3 acres 3 roods 15 perches and six-tenths of a perch, more or less, being part of Lots 6, 7, 8, and 9 on Deposited Plan Number 194, being part of Rural Section 793 and being the land comprised and described in certificate of title, Volume 462, folio 82, Canterbury Registry, together with a right of way created by Transfer Number 194402 over Lot 1 on Deposited Plan Number 9665. 18: Provision with respect to application of reserve fund established by Invercargill City Council Whereas, pursuant to section 143 of the Municipal Corporations Act 1954, Council And whereas during the year ended on 31 March 1954 the Council transferred the sum of 1,100 pounds from the said reserve fund to the Invercargill Community Centre Society for the development of a certain city reserve, but the development of that reserve is not one of the named purposes for which the said reserve fund is held: And whereas it is desirable that the Council should be free to apply the said reserve fund towards any of the purposes authorized by the said section 143 Be it therefore enacted as follows: 1: Notwithstanding that the money in the said reserve fund has been set aside for certain named purposes, the Council is hereby authorized and empowered to apply any of that money towards any of the purposes authorized by section 143 of the Municipal Corporations Act 1954 2: The action of the Council in making a grant of the sum of 1,100 pounds from the said reserve fund to the Invercargill Community Centre Society is hereby validated and declared to have been lawful. 19: Provision with respect to leasing of certain lands by Auckland City Council Whereas the Auckland City Council (in this section referred to as the Council existing lease And whereas the existing lease is now vested in Northern Automobiles Limited (in this section referred to as the company And whereas it is necessary for the purposes of the erection of buildings of the General Government of New Zealand that the existing lease be surrendered: And whereas the pieces of land described in subsection (4) (in this section referred to as the said lands And whereas the company has agreed to surrender the existing lease on condition that a lease of the said lands is granted to it for a term expiring on 1 January 1994, upon the same covenants and conditions as are contained in the existing lease but at a yearly rental, until 1 January 1961, of 125 pounds, and thereafter for the remaining 33 years of the term at an annual rental calculated as provided in the existing lease: And whereas it is expedient that the Council should henceforth hold the said lands as and for an endowment for the benefit of the inhabitants of the City of Auckland and not for any special purpose and that the Council should have, with respect to the said lands, all such powers of leasing and disposition as it has with respect to its general or ordinary endowments, and in addition should have the special powers set out in subsection (2): Be it therefore enacted as follows: 1: Notwithstanding anything contained in the Public Works Act 1928, in the Municipal Corporations Act 1954 subsection (2) 2: The Council is hereby empowered to lease the said lands to the company without putting the same up for leasing by public auction or public tender for a term expiring on 1 January 1994, upon the same covenants and conditions as are contained in the existing lease, but at a yearly rental, until 1 January 1961, of 125 pounds, and thereafter for the remaining 33 years of the term at an annual rental calculated as provided in the existing lease. 3: The District Land Registrar for the Land Registration District of Auckland is hereby authorized to make such entries in the register book, to issue such titles, to register such instruments, and to do all such other things as may be necessary to give effect to the provisions of this section. 4: The lands to which this section relates are more particularly described as follows: Firstly, 13 perches, more or less, adjoining Lots 15 and 23 on Deposited Plan Number 21520, being part of Section 31 of the City of Auckland, and being shown coloured green on the plan lodged in the office of the Minister of Works, at Wellington, under Number PWD 144410, and being also shown on the plan lodged in the office of the Chief Surveyor, at Auckland, under Number 38635, being closed street. Secondly, 1 perch and nine-tenths of a perch, more or less, adjoining the closed street firstly above referred to and being shown coloured green on the plan lodged in the office of the Minister of Works, at Wellington, under Number PWD 145832, and being also shown on the plan lodged in the office of the Chief Surveyor, at Auckland, under Number 38899, being closed street. 20: Authorizing Ellerslie Borough Council to pay compensation in respect of tenancy surrendered The Ellerslie Borough Council (in this section referred to as the Council 21: Authorizing Warkworth Town Council to expend certain money for drainage and sewerage purposes Whereas the Warkworth Town Council (in this section referred to as the Council And whereas no further lands are available for acquisition or are required for addition to the said domain: And whereas it is desirable that the Council should be authorized to expend the said money in accordance with this section: Be it therefore enacted as follows: Notwithstanding anything to the contrary in any Act, the Council is hereby authorized and empowered to expend the said money for the purpose of the installation of drainage and sewerage improvements to the said domain and to any building or buildings now or hereafter erected thereon. 22: Provision with respect to expenditure of money by New Lynn Borough Council in connection with 25th anniversary celebrations The New Lynn Borough Council (in this section referred to as the Council Harbour Boards 23: Validating certain expenditure incurred by Lyttelton Harbour Board The expenditure by the Lyttelton Harbour Board during the financial year ended on 30 September 1954 of the sum of 547 pounds 7 shillings and 7 pence in connection with a function on the occasion of the opening of the new Lyttelton Centennial Watersiders' Hall is hereby validated and declared to have been lawfully incurred. 24: Validating certain expenditure incurred by Auckland Harbour Board The expenditure by the Auckland Harbour Board during the financial year ended on 30 September 1955 of the sum of 627 pounds 17 shillings and 9 pence, in connection with the 22nd Harbours Conference in Auckland and the entertainment of delegates thereto, is hereby validated and declared to have been lawfully incurred. 25: Authorizing Wanganui Harbour Board to raise special loan of £15,000 Whereas the Wanganui Harbour Board (in this section referred to as the Board section 174 of the Harbours Act 1950 And whereas the Board desires to raise a special loan of 15,000 pounds for the purpose of erecting the building and to meet the preliminary expenses in connection therewith: Be it therefore enacted as follows: 1: This section shall be deemed to be a special Act within the meaning of the Harbours Act 1950 2: The Board is hereby authorized, subject to the provisions of the Harbours Act 1950 Local Government Loans Board Act 1926 3: Any money borrowed pursuant to subsection (2) shall be applied in or towards the payment of the cost of erecting on lands vested in the Board at Castlecliff, Wanganui, a building to provide for the comfort, convenience, and economy of waterside workers and in or towards the payment of preliminary expenses in connection with the erection of the building. 4: Notwithstanding anything contained in the Harbours Act 1950 Catchment Boards 26: Provision with respect to special rates levied by Poverty Bay Catchment Board Section 26 repealed 1 July 2003 section 138(1) Local Government (Rating) Act 2002 27: Further extending period during which classification for rating purposes of certain lands in Manawatu Catchment District shall continue in force Whereas, pursuant to the River Boards Act 1908 Soil Conservation and Rivers Control Act 1941 Board And whereas, pursuant to section 13 section 13 And whereas that period expired on 31 March 1952: And whereas, by section 2 of the Manawatu Catchment Board Empowering Act 1952, the said classification was continued in force for a further period of 3 years from 1 April 1952: And whereas that period has now expired and the Board is desirous of continuing the said classification in force for a further period of 2 years: Be it therefore enacted as follows: The Manawatu Catchment Board may by special order declare that the classification of the lands in the former Palmerston North River District previously made by the Palmerston North River Board for rating purposes, and the proportions fixed in relation thereto, shall continue in force as if they were a classification made and proportions fixed pursuant to the Soil Conservation and Rivers Control Act 1941 Soil Conservation and Rivers Control Act 1941 provided that no part of the proceeds of any separate rate levied pursuant to any such classification shall be applied towards the construction or maintenance of any works which were not in existence at the time of the abolition of the Palmerston North River District. 28: Provision with respect to rating of certain lands in the Wairarapa Catchment District Section 28 repealed 18 November 1992 section 6(1) Local Legislation Act 1992 Affecting 2 or more classes of Public Bodies 29: Vesting certain land in Corporation of Borough of Bluff Whereas, by the Bluff Borough Council and Bluff Harbour Board Empowering Act 1952 Board Corporation And whereas expert opinion was sought by the Corporation and the Board as to whether further lands held by the Board were necessary for the purposes of the waterworks: And whereas that opinion was that the further lands described in subsection (3) are so necessary: And whereas the Board has agreed that the said lands should be vested in the Corporation without further payment to the Board: And whereas the Board has no power to transfer the said lands to the Corporation: Be it therefore enacted as follows: 1: The lands described in subsection (3) 2: The District Land Registrar for the Land Registration District of Southland is hereby empowered and directed to make such entries in the register books, to issue such certificates of title, and generally to do all such things as may be necessary to give effect to the provisions of this section. 3: The lands to which this section relates are particularly described as follows: Firstly, all that area in the Borough of Bluff, being Lot 1 on Deposited Plan Number 4767, being part of Section 7, Block I, Campbelltown Hundred, containing by admeasurement 3 roods and 12 perches, more or less, and being part of the land comprised and described in certificate of title, Volume 143, folio 126, Southland Registry. Secondly, all that area in the Borough of Bluff, being Lot 1 on Deposited Plan Number 4768, being part of Section 8, Block I, Campbelltown Hundred, containing by admeasurement 5 acres 2 roods 17 perches and six-tenths of a perch, more or less, and being part of the land comprised and described in certificate of title, Volume 135, folio 147, Southland Registry, limited as to parcels. 30: Provision with respect to fire protection over East Coast Bays Borough by North Shore Fire Board Whereas by Order in Council made on 15 February 1955 the North Shore United Urban Fire District was abolished from that date: And whereas by the said Order in Council a new North Shore United Urban Fire District was constituted on 16 February 1955 which comprised those boroughs included in the previous district together with the Borough of East Coast Bays (in this section referred to as the said borough And whereas the North Shore Fire Board (in this section referred to as the former Board said period And whereas the former Board, in providing fire protection over the said borough for the said period, acted as if that borough was part of the district of the former Board: And whereas the East Coast Bays Borough Council (in this section referred to as the Council And whereas section 32 of the Fire Services Act 1949 And whereas it is desirable to validate the said expenditure incurred by the former Board and the Council and to validate the said action of the former Board and to provide that the duties imposed on the present North Shore Fire Board in respect of the newly constituted fire district by section 32 of the Fire Services Act 1949 Be it therefore enacted as follows: 1: The expenditure incurred by the former Board in providing fire protection over the said borough during the said period is hereby validated and declared to have been lawfully incurred. 2: The action of the former Board in providing fire protection over the said borough for the said period is hereby validated and declared to have been as lawfully done as if the said borough for the said period had formed part of the district of the former Board. 3: The expenditure incurred by the Council in contributing to the former Board during the said period that proportion of the former Board's expenditure which the Council would have been liable to contribute as a contributory local authority is hereby validated and declared to have been lawfully incurred. 4: The duties imposed on the present North Shore Fire Board in respect of the newly constituted fire district by section 32 of the Fire Services Act 1949 31: Special provision with regard to alteration of boundaries of certain electric power districts 1: The Governor-General may from time to time, by Proclamation, alter the boundaries of any electric power district or the outer area thereof so as to include within that district or outer area any adjoining area or areas to be defined in the Proclamation, forming part or parts of the counties of Taupo, Rotorua, or Whakatane and not already within the area of supply of any Electric Power Board. 2: The requirements of section 3 of the Electric Power Boards Act 1925 Electric Power Boards Act 1925 32: Authorizing Martinborough Borough Council to transfer certain land to Wairarapa Hospital Board Whereas the land described in subsection (3) Corporation And whereas the said land forms part of the lands known as Huangarua Park which were acquired by the Corporation by way of gift from the late William James Martin, Esquire, to be held by the Corporation solely for the purposes of a public park or recreation ground, but is not now required for these purposes: And whereas the Wairarapa Hospital Board (in this section referred to as the Board And whereas the said land has been selected as the most suitable site for that hospital, and the Corporation is desirous of transferring the said land to the Board for that purpose: Be it therefore enacted as follows: 1: The Corporation may, without further authority than this section, transfer the land described in subsection (3), or any part of that land, to the Board for the purposes of a hospital site and, on the transfer of any such land, any trust or reservation theretofore affecting the same shall be deemed to be cancelled. 2: The District Land Registrar for the Land Registration District of Wellington is hereby authorized and directed to accept such documents for registration and to do all such things as may be necessary to give effect to this section. 3: The land to which this section relates is more particularly described as follows: All that parcel of land situate in the Borough of Martinborough containing by admeasurement 1 acre 1 rood and 24 perches, more or less, being part of Section 1, Wharekaka Block, and being Lots 389, 390, 391, 392, 393, and 397 on Deposited Plan Number 248 and being also part of the land comprised and described in certificate of title, Volume 397, folio 37, Wellington Registry. 33: Provision with respect to the disposal of certain funds by the Hutt Valley Joint Transit Housing Committee Whereas, by section 36 Committee constituent local authorities scheme And whereas, under subsection (20) of the said section 36 And whereas the scheme is now nearing completion and the constituent local authorities have agreed that it is desirable, notwithstanding that the scheme has not yet been completed, that the sum of 4,000 pounds should be paid out of the surplus assets in the hands of the Committee to the New Zealand Free Ambulance Transport Service (Wellington District) Incorporated (in this section referred to as the Free Ambulance And whereas the said sum has been duly paid and it is desirable that the payment thereof should be validated: Be it therefore enacted as follows: 1: The payment by the Committee out of surplus assets of the sum of 4,000 pounds to the Free Ambulance on 24 May 1955 is hereby validated and declared to have been lawfully made. 2: The Free Ambulance shall apply the said sum of 4,000 pounds, firstly, for the purpose of meeting the amount, if any, by which the cost of construction of the Lower Hutt Free Ambulance Main Building exceeds the sum of 26,513 pounds referred to in the Schedule of the Free Ambulance (Lower Hutt Site) Act 1954 3: Except as otherwise provided in this section, the said subsection (20) of the said section 36 Miscellaneous 34: Validating borrowing of certain loan money by the Christchurch Transport Board Whereas on 4 November 1953 the Local Government Loans Board sanctioned the raising by the Christchurch Transport Board (in this section referred to as the Board loan And whereas at a special meeting on 30 November 1953 the Board passed a resolution by way of special order to raise the loan, but failed to confirm the said resolution within the period prescribed by section 62 of the Municipal Corporations Act 1933 And whereas, contrary to the provisions of the Local Government Loans Board Act 1926 And whereas it is expedient that the action of the Board in raising the loan should be validated: Be it therefore enacted as follows: The action of the Board in raising the loan without confirming the resolution by way of special order within the period prescribed and without first obtaining the consent of the Governor-General in Council is hereby validated, the moneys received by the Board in respect thereof shall be deemed to have been lawfully borrowed, and the debentures issued in respect thereof shall be deemed to have been lawfully executed and issued by the Board and shall have full force and effect according to their tenor. 35: Provision with respect to disposal of Puketitiri Cemetery accumulated funds Whereas there is an account in the Post Office Savings Bank office at Napier called the Puketitiri Public Cemetery Account: And whereas the Puketitiri Cemetery has been closed and the Hawke's Bay County Council desires to apply the amount standing to the credit of the said account towards the repair, maintenance, and improvement of the Puketitiri Hall: Be it therefore enacted as follows: 1: Notwithstanding anything to the contrary in the Cemeteries Act 1908, or in any other Act, the Hawke's Bay County Council is hereby authorized to apply the amount standing to the credit of the Puketitiri Public Cemetery Account in the Post Office Savings Bank at Napier towards the repair, maintenance, and improvement of the Puketitiri Hall. 2: The depositors of the Puketitiri Public Cemetery Account are hereby required and directed to withdraw from the said account the amount standing to the credit of the said account and to pay that amount to the Hawke's Bay County Council. 36: Provision with respect to validation of ratepayers' lists and rolls of electors for Ohura North, Meringa, and Hunua Rabbit Districts Whereas the Ohura North Rabbit Board, the Meringa Rabbit Board, and the Hunua Rabbit Board (in this section referred to as the Boards sections 39 to 44 of the Rabbit Nuisance Act 1928 And whereas for the purposes of the said elections and the making and levying of rates the Boards adopted and used the ratepayers' lists and rolls of electors for their respective districts in force before 1 July 1953: And whereas doubts have arisen as to the validity of the rates made and levied or which each of the Boards purported to make and levy in respect of the period which commenced on 1 April 1955 and ends on 31 March 1956: And whereas it is deemed advisable to continue in force the respective ratepayers' lists and rolls of electors adopted and used by the Boards for the purposes of the said elections and the making and levying of rates until new ratepayers' lists and rolls of electors for the districts of the Boards are made and come into force pursuant to the provisions of the said Act and to validate the said ratepayers' lists, the said elections, and the said rates: Be it therefore enacted as follows: 1: The respective ratepayers' lists and rolls of electors made by the Boards and in force before 1 July 1953 shall, notwithstanding anything to the contrary in the Rabbits Act 1955 section 32 of that Act sections 26 to 31 of the said Act 2: The general elections held by the Boards in the month of October in the year 1953 are hereby declared to be valid, and the members declared to be elected at the said elections shall be deemed to have been duly elected. 3: The rates made and levied, or which each of the Boards purported to make and levy, for the period which commenced on 1 April 1955 and ends on 31 March 1956, are hereby validated and declared to have been lawfully made and levied and to be legally recoverable. 37: Vesting certain land in the Parua Bay Hall Society Incorporated Whereas by a certain deed of conveyance dated 14 August 1878 and registered in the Deeds Register Office at Auckland under Number 9279B, Robert Peace, of Auckland, plumber, conveyed to certain trustees, namely, Joseph Beasley, John Lambert, Joseph Mallabond, and John Knox Peace (in this section referred to as the original trustees And whereas portion of the said land was taken by the Crown for the purposes of a road, and the remaining portion of the said land comprises the land firstly described in subsection (3) And whereas, in exchange for the land taken for the purposes of a road, the Crown granted to the trustees of the Parua Bay Temperance Hall the land secondly described in subsection (3) And whereas a public hall and other improvements have been erected and constructed on the said adjoining areas: And whereas the original trustees are deceased and have no legal representatives and trustees of the Parua Bay Temperance Hall do not exist, and it is desirable for the effective control of the said public hall that the areas firstly and secondly described in subsection (3) Incorporated Societies Act 1908 Be it therefore enacted as follows: 1: The vesting of the land firstly described in subsection (3) subsection (3) 2: The District Land Registrar for the Land Registration District of Auckland is hereby empowered and directed to make such entries in the register books and generally to do all such things as may be necessary to give full effect to the provisions of this section. 3: The lands to which this section relates are more particularly described as follows: Firstly, all that piece of land in the North Auckland Land District containing by admeasurement 1 rood and 16 perches, more or less, being part of Allotment 58, Parish of Waikari, and being all the land comprised and described in certificate of title, Volume 547, folio 210, Auckland Registry, limited as to parcels and titles. Secondly, all that piece of land in the North Auckland Land District containing by admeasurement 1 rood and 6 perches, more or less, being Section 6, Block XV, Whangarei Survey District, and being all the land comprised and described in certificate of title, Volume 262, folio 62, Auckland Registry. 38: Validating issue of certain debentures by Golden Bay Electric Power Board Whereas the Golden Bay Electric Power Board (in this section referred to as the Board loan first portion second portion And whereas one of the determinations as to borrowing and repayment of the loan was that the term for which the loan or any part thereof might be raised should not exceed 10 years: And whereas the Board raised the first portion on 30 September 1953 and the second portion on 30 September 1954: And whereas the debenture issued in respect of the final payment of the first portion was issued to mature on 31 March 1964 instead of on 30 September 1963 and the debenture issued in respect of the final payment of the second portion was issued to mature on 31 March 1965 instead of on 30 September 1964: Be it therefore enacted as follows: The debentures issued by the Board in respect of the final payment of the first portion and the final payment of the second portion shall be deemed to have been lawfully executed and issued and shall have full force and effect according to their tenor. 39: Authorizing Tokanui Rabbit Board to raise a special loan for housing purposes Whereas the Tokanui Rabbit Board (in this section referred to as the Board And whereas the Local Government Loans Board has no authority to sanction the raising of a loan for the purpose of enabling the Board to refund the said sum to its General Account: And whereas it is desirable that authority be given for that purpose: Be it therefore enacted as follows: The Board is hereby authorized and empowered to borrow by way of special loan under the Local Bodies' Loans Act 1926 40: Provision with respect to alteration of boundaries of Hutt River District Whereas the Local Government Commission, pursuant to section 21 of the Local Government Commission Act 1953 River District And whereas, in order to enable full effect to be given to the said final scheme, it is expedient that provision be made in accordance with this section: Be it therefore enacted as follows: 1: Notwithstanding anything to the contrary in any Act, the Governor-General may in the Order in Council giving effect to the said final scheme or in a subsequent Order in Council, declare: a: that, on the addition of the area referred to in the said final scheme to the River District, the said area shall form a new subdivision of the River District to be known as the Upper Hutt Subdivision; and b: that, on the addition of the Upper Hutt Subdivision to the River District, the Hutt River Board shall be increased to 9 members of whom 2 shall represent the Petone Subdivision, 5 shall represent the Lower Hutt Subdivision, and 2 shall represent the Upper Hutt Subdivision. 2: Notwithstanding anything to the contrary in the River Boards Act 1908 Local Elections and Polls Act 1953 3: The members of the Hutt River Board representing the Petone and Lower Hutt Subdivisions at the date of the addition of the Upper Hutt Subdivision to the River District shall, unless they sooner vacate their offices, continue to hold office until the members elected at the next general election of members of the Hutt River Board come into office.

DLM292027

1955

Marriage Act 1955

1: Short Title and commencement 1: This Act may be cited as the Marriage Act 1955. 2: This Act shall come into force on 1 April 1956. 1: Preliminary 2: Interpretation 1: In this Act, unless the context otherwise requires,— Commonwealth country marriage marriage celebrant Minister New Zealand representative section 2 section 6 service marriage a: is both a chaplain and a marriage celebrant; or b: in the case only of a marriage solemnised before 1 September 1995 2: In this Act, unless the context otherwise requires, the terms Registrar-General Deputy Registrar-General Registrar section 4 Section 2 replaced 1 September 1995 section 92 Births, Deaths, Marriages, and Relationships Registration Act 1995 Section 2(1) marriage inserted 19 August 2013 section 5 Marriage (Definition of Marriage) Amendment Act 2013 Section 2(1) Minister inserted 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 2(1) minor repealed 14 August 2018 section 4 Minors (Court Consent to Relationships) Legislation Act 2018 Section 2(1) service marriage amended 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 2(2) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 2A: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 14 August 2018 section 5 Minors (Court Consent to Relationships) Legislation Act 2018 3: Application of Act 1: The provisions of this Act, so far as they relate to capacity to marry, shall apply to the marriage of any person domiciled in New Zealand at the time of the marriage, whether the marriage is solemnised in New Zealand or elsewhere. 2: The provisions of this Act, so far as they relate to the formalities of marriage, including section 18 section 44 Section 3(2) amended 14 August 2018 section 6 Minors (Court Consent to Relationships) Legislation Act 2018 4: Registrar-General and Deputy Registrar-General 1: The Registrar-General shall be charged with the general administration of this Act. 2: The Deputy Registrar-General shall, under the control of the Registrar-General, have all the powers, duties, and functions of the Registrar-General. 3: During a vacancy in the office of Registrar-General, or in the case of the absence from duty of the Registrar-General, the Deputy Registrar-General shall have all the powers, duties, and functions of the Registrar-General. 1908 No 113 s 4 1912 No 24 s 2 1915 No 25 s 2 5: Appointment of Registrars and Deputy Registrars Section 5 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 6: Fact of deputies acting conclusive evidence of authority to do so Section 6 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 2: Marriage celebrants Part 2 heading replaced 1 January 1977 section 2(1) Marriage Amendment Act 1976 7: List of marriage celebrants 1: The Registrar-General shall in each year prepare a list of marriage celebrants Gazette 2: The list shall contain the name of each person entitled under this Act to act as a marriage celebrant Gazette 3: The Registrar-General shall specify in each list published in the Gazette 1908 No 113 s 14 Section 7 heading amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 Section 7(1) amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 Section 7(2) amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 8: Marriage celebrants 1: Subject to the provisions of subsections (2) and (3) Schedule 1 2: The name of any minister of religion which has been sent to the Registrar-General as aforesaid shall be accompanied by a certificate to the effect that the minister is recognised by the religious body as a minister of religion of that body. 3: The certificate shall be signed by the person or persons within New Zealand in whom ecclesiastical authority over the religious body is for the time being vested, or reputed to be vested, or, if there is no such person, by 2 duly recognised office bearers of the religious body. 1908 No 113 s 9 Section 8 heading amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 9: Approval of organisations 1: Any organisation may apply to the Registrar-General in the manner hereinafter provided for approval as an organisation which may, pursuant to section 10 2: The application must be accompanied by a statement setting out— a: the objects and beliefs of the organisation; and b: the number or, if that cannot be accurately ascertained, the approximate number of members of the organisation who are of or over the age of 18 years. 2A: The statement must be— a: signed by the persons specified in subsection (2B), each of whom must state his or her age and address; or b: approved electronically by, or on behalf of, the persons specified in subsection (2B) in a manner specified by the Registrar-General ( see also section 128 2B: The persons are— a: the chief office bearer and at least 10 members of the organisation who are of or over the age of 18; or b: in the case of an organisation whose constitution or tenets do not recognise a chief office bearer, at least 10 members of the organisation who are of or over the age of 18. 3: Another person must verify, either electronically in a manner specified by the Registrar-General or by statutory declaration, that the signatories to a statement signed under subsection (2A)(a) are who they claim to be and are members of the organisation ( see also section 128 4: If the Registrar-General is satisfied that the principal object or one of the principal objects of the organisation is to uphold or promote religious beliefs or philosophical or humanitarian convictions, he or she may by notice in the Gazette 4A: If the Registrar-General fails or refuses to declare the organisation an approved organisation, he or she shall, if required to do so by the organisation, refer the application to the Minister Gazette 5: 6: 6A: Where an approved organisation changes its name or any of its objects, it shall forthwith give the Registrar notice in writing, signed in the manner required by subsection (2) for an application under subsection (1),— a: of its former and new names; and b: of whether or not its objects remain unchanged since it last stated them to the Registrar-General under this section; and c: if those objects do not so remain unchanged, stating its present objects. 6B: Where the Registrar-General is satisfied that an approved organisation has changed its name he or she shall notify the change by notice in the Gazette 6C: Where the Registrar-General— a: has been notified under subsection (6A) that the objects of an approved organisation have changed; or b: is satisfied that any of the objects of an approved organisation has changed since that organisation last stated its objects to the Registrar-General under this section,— he or she shall recommend to the Minister c: that that organisation should continue to be an approved organisation; or d: that the Minister cancel the 6D: The Registrar-General shall not recommend under subsection (6C) that an organisation should continue to be an approved organisation unless he or she is satisfied that the principal object or one of the principal objects of that organisation is to uphold or promote religious beliefs or philosophical or humanitarian convictions. 7: If— a: at any time, the Minister i: becomes satisfied that, in the light of information not available to him or her or the Registrar-General (as the case may be) when an organisation was approved ii: is not b: for a continuous period of at least 12 months no person nominated by an approved organisation has his or her name on the list,— the Minister Gazette cancel the 8: Every religious body not enumerated in Schedule 1 Marriage Amendment Act 1976 Section 9 replaced 1 January 1977 section 3(1) Marriage Amendment Act 1976 Section 9(2) replaced 16 December 2017 section 19 Electronic Interactions Reform Act 2017 Section 9(2A) inserted 16 December 2017 section 19 Electronic Interactions Reform Act 2017 Section 9(2A)(b) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 9(2B) inserted 16 December 2017 section 19 Electronic Interactions Reform Act 2017 Section 9(3) replaced 16 December 2017 section 19 Electronic Interactions Reform Act 2017 Section 9(3) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 9(4) replaced 6 November 1986 Marriage Amendment Act 1986 Section 9(4A) inserted 6 November 1986 Marriage Amendment Act 1986 Section 9(4A) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 9(5) repealed 6 November 1986 Marriage Amendment Act 1986 Section 9(6) repealed 6 November 1986 Marriage Amendment Act 1986 Section 9(6A) inserted 8 March 1985 Marriage Amendment Act 1985 Section 9(6B) inserted 8 March 1985 Marriage Amendment Act 1985 Section 9(6C) inserted 8 March 1985 Marriage Amendment Act 1985 Section 9(6C) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 9(6C)(d) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 9(6C)(d) amended 6 November 1986 Marriage Amendment Act 1986 Section 9(6D) inserted 8 March 1985 Marriage Amendment Act 1985 Section 9(7) replaced 8 March 1985 Marriage Amendment Act 1985 Section 9(7) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 9(7) amended 6 November 1986 Marriage Amendment Act 1986 Section 9(7)(a) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 Section 9(7)(a)(i) amended 6 November 1986 Marriage Amendment Act 1986 Section 9(7)(a)(ii) amended 6 November 1986 Marriage Amendment Act 1986 10: Marriage celebrants from approved organisations 1: The name of every adult member of an approved organisation nominated to be a marriage celebrant shall be sent to the Registrar-General together with a certificate from the organisation declaring that it wishes the member to be a marriage celebrant. 2: The certificate must be made or signed in the same manner as a statement under section 9(2A) to (3) 3: If the Registrar-General is satisfied that any person so nominated is of good character and otherwise qualified to act as a marriage celebrant, and that the provisions of this Act in respect of the submission of his or her name have been complied with, he or she shall enter the name of the person on the list. 4: If the Registrar-General fails or refuses to enter in the list the name of any person nominated pursuant to this section he or she shall, if required to do so by any signatory to the certificate accompanying the person's nomination, refer the nomination to the Minister Section 10 replaced 1 January 1977 section 3(1) Marriage Amendment Act 1976 Section 10(2) replaced 16 December 2017 section 20 Electronic Interactions Reform Act 2017 Section 10(4) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 11: Other persons may be marriage celebrants 1: Any person may apply to the Registrar-General to have his or her name entered on the list. 2: The application must— a: be made in a form approved for the purpose by the Registrar-General; and b: contain, or be accompanied by, such information as the Registrar-General requires; and c: be accompanied by the prescribed fee (if any). 3: The Registrar-General may approve an application made under subsection (1) a: the applicant is— i: a Justice of the Peace; or ii: a person who is otherwise of good character; and b: the applicant will conscientiously perform the duties of a marriage celebrant under this Act and under the Births, Deaths, Marriages, and Relationships Registration Act 2021 c: it is in the interests of the public generally, or of a particular community (whether defined by geography, interest, belief, or some other factor) that the person be a marriage celebrant. Section 11 replaced 7 July 2010 section 4 Marriage Amendment Act 2010 Section 11(3)(b) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 12: Renewal of list Where it is desired that any person shall continue to act as a marriage celebrant 1908 No 113 s 12 Section 12 amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 13: Removal of names from list 1: Where the Registrar-General is satisfied that— a: a marriage celebrant has died; or b: a marriage celebrant no longer wishes to be a marriage celebrant; or c: the organisation or religious body which submitted the name of a marriage celebrant no longer wishes him or her to be a marriage celebrant; or d: the organisation which submitted the name of a marriage celebrant is no longer an approved organisation,— he or she shall remove the name of the marriage celebrant from the list and shall publish in the Gazette 2: If the Minister a: that a marriage celebrant has wilfully failed or persistently neglected to register the particulars of any marriages or to forward or return to a Registrar or to the Registrar-General any documents required so to be forwarded or returned by this Act; or b: that a marriage celebrant whose name has been entered in the list pursuant to section 11 he or she may direct the Registrar-General to remove the name of that marriage celebrant from the list, and the Registrar-General shall remove the name from the list and shall publish in the Gazette Section 13 replaced 1 January 1977 section 4 Marriage Amendment Act 1976 Section 13(2) amended 1 October 1995 section 10(3) Department of Justice (Restructuring) Act 1995 14: Evidence of list or correction to list 1: No person shall be entitled to act as a marriage celebrant 2: A copy of the Gazette Gazette 1908 No 113 s 16 Section 14(1) amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 14A: This Part not to limit sections 32 and 32A Nothing in this Part limits sections 32 32A Part 5 Section 14A inserted 1 January 2002 section 60 Human Rights Amendment Act 2001 3: Restrictions on marriage 15: Marriage of persons within prohibited degrees of relationship void 1: Subject to the provisions of this section, a marriage which is forbidden by the provisions of Schedule 2 2: Any persons who are not within the degrees of consanguinity but are within the degrees of affinity prohibited by the said Schedule 2 High Court 3: The Registrar of the court where any order under this section is made shall send a copy in duplicate of the order to the Registrar-General. 4: No marriage not forbidden by the provisions of Schedule 2 1946 No 8 s 9 Section 15(2) amended 1 April 1980 section 12 Judicature Amendment Act 1979 16: Validation of certain marriages already solemnised All marriages solemnised before the commencement of this Act that by virtue of section 15 provided that where either of the parties to any such marriage has thereafter during the lifetime of the other party to the marriage and before the commencement of this Act lawfully married any other person, the first marriage shall be deemed to have been dissolved immediately before the solemnisation of the second marriage: provided also that this section shall not affect any estate, right, or interest in any real or personal property to which any person has become absolutely entitled before the commencement of this Act, or affect any proceedings commenced in any court before the commencement of this Act, or any decree, order, or judgment made or given (whether before or after the commencement of this Act) in any such proceedings. 1946 No 8 s 10 17: Marriage of persons under 16 years of age 1: A marriage licence shall not be issued by any Registrar and no marriage shall be solemnised by any Registrar or marriage celebrant section 23 2: 1939 No 39 s 41 Section 17(1) amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 Section 17(2) repealed 14 August 2018 section 7 Minors (Court Consent to Relationships) Legislation Act 2018 18: Marriage of persons 16 and 17 years of age 1: This section applies if, on the date on which notice of an intended marriage is given under section 23 a: either party to the intended marriage is aged 16 or 17 years; or b: both parties to the intended marriage are aged 16 or 17 years. 2: If this section applies, a Registrar must not issue a marriage licence authorising the intended marriage, or solemnise the marriage, unless a Family Court Judge has, under this section, consented to the intended marriage. 3: A party to an intended marriage who is aged 16 or 17 years must apply to the Family Court for a Family Court Judge’s consent to the intended marriage, and a joint application may be made if both parties to the intended marriage are aged 16 or 17 years. 4: A Family Court Judge may, on receipt of an application made under subsection (3), consent to the intended marriage only if the Judge is satisfied that, for each party to the intended marriage aged 16 or 17 years,— a: the party has made the application voluntarily, free of undue influence or coercion; and b: the party understands the consequences of the application and wants the Judge to consent to the intended marriage; and c: the intended marriage is in the party’s interests. 5: In determining whether the intended marriage is in a party’s interests, the matters the Judge must take into account include, without limitation,— a: the age and maturity of the party; and b: the party’s views; and c: any views of the party’s parents and guardians that can reasonably be ascertained; and d: any other information available to the court relevant to the party’s application. Section 18 replaced 14 August 2018 section 8 Minors (Court Consent to Relationships) Legislation Act 2018 19: Court may appoint lawyers in proceedings under section 18 1: In any proceedings under section 18 2: In any proceedings under section 18 a: appoint a lawyer to assist the court; or b: direct a Registrar of the court to appoint a lawyer to assist the court. 3: The fees and expenses of a lawyer appointed under subsection (1) or (2) must— a: be determined in accordance with regulations made under section 16D b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose. 4: An invoice for fees and expenses rendered by a lawyer appointed under this section must be given to the Registrar of the court in which the proceedings were heard, and the Registrar may decide to adjust the amount of the invoice. 5: If the lawyer is dissatisfied with the decision of the Registrar as to the amount of the invoice, the lawyer may, within 14 days after the date of the decision, apply to a Judge of the court to review the decision, and the Judge may make any order varying or confirming the decision that the Judge considers fair and reasonable. Section 19 replaced 14 August 2018 section 8 Minors (Court Consent to Relationships) Legislation Act 2018 20: Judge may obtain cultural report 1: In any proceedings under section 18 a: requesting a person whom the Judge considers qualified for the purpose to prepare one; or b: directing the Registrar to request a person whom the Registrar considers qualified for the purpose to prepare one. 2: The court may act under subsection (1) only if satisfied that— a: the information that the report will provide is essential for determining the application; and b: the report is the best source of the information, having regard to the quality, timeliness, and cost of other sources; and c: the proceedings will not be unduly delayed by the time taken to prepare the report; and d: any delay in the proceedings will not have an unacceptable effect on the applicant. 3: If the court is entitled by subsection (2) to act under subsection (1) and if the court knows the applicant’s wishes about the obtaining of a report or can speedily ascertain them, the court must have regard to the applicant’s wishes before deciding whether or not to act under subsection (1). 4: Fees for the preparation of reports obtained under this section, and reasonable expenses incurred, must— a: be determined in accordance with regulations made under section 16D b: be paid in accordance with that determination out of public money appropriated by Parliament for the purpose. 5: In this section, cultural report Section 20 replaced 14 August 2018 section 8 Minors (Court Consent to Relationships) Legislation Act 2018 21: When marriage is or may be declared void The grounds on which a marriage is void ab initio section 31 Section 21 replaced 14 August 2018 section 8 Minors (Court Consent to Relationships) Legislation Act 2018 22: Marriages not to be void because of defects in procedure 1: Except as provided in section 15 section 21 2: Nothing in this section shall exempt any marriage celebrant 1908 No 113 s 47 Section 22(2) amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 4: Formalities preliminary to marriage 23: Notice of marriage 1: Where 2 persons intend to marry in New Zealand, one of them shall give notice to a Registrar in a manner specified by the Registrar-General 2: The person giving notice must verify that— a: the particulars in the notice are true; and b: he or she believes that the intended marriage is not prohibited by section 15 c: there is no other lawful impediment to the intended marriage. 2A: The information in subsection (2) may be verified— a: electronically in a manner specified by the Registrar-General ( see also section 128 b: by the person giving notice appearing personally before the Registrar and making a statutory declaration. 3: However, if the 2 parties to an intended marriage are ordinarily resident outside New Zealand, the requirements of subsection (1) and (2A)(b) are satisfied if— a: one of the parties gives notice to the Registrar in a manner specified by the Registrar-General; and b: the Registrar is satisfied that one of the parties has made a statutory declaration as to the matters in subsection (2)(a) to (c). 1908 No 113 s 17 Section 23(1) amended 16 December 2017 section 21(1) Electronic Interactions Reform Act 2017 Section 23(2) replaced 16 December 2017 section 21(2) Electronic Interactions Reform Act 2017 Section 23(2A) inserted 16 December 2017 section 21(2) Electronic Interactions Reform Act 2017 Section 23(2A)(a) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 23(3) replaced 16 December 2017 section 21(2) Electronic Interactions Reform Act 2017 24: Issue of marriage licence and information return 1: Subject to the provisions of this Act, if a marriage is to be solemnised by a marriage celebrant or under section 32 section 23 a: a marriage licence in the prescribed form, authorising the marriage of the persons named in it at the place, or either of 2 places (being a place or places situated in New Zealand), specified in it; and b: 2 copies of a form provided by the Registrar-General for the purpose of returning information relating to marriages solemnised by marriage celebrants or under section 32 1A: A Registrar other than the Registrar to whom the notice was given may issue the licence and copies (and in that case the Registrar to whom the notice was given does not have to do so). 2: Notwithstanding subsection (1), if satisfied that— a: a proposed marriage is not prohibited by this Act; and b: the requirements of this Act have been complied with; and c: the parties to the proposed marriage would otherwise be inconvenienced,— a Registrar may issue a marriage licence and marriage return forms before the third day after the day the notice concerned was given. Section 24 replaced 1 September 1995 section 93 Births, Deaths, Marriages, and Relationships Registration Act 1995 Section 24(1A) inserted 7 May 1999 section 2 Marriage Amendment Act 1999 25: Caveats may be lodged 1: Any person may lodge with any Registrar a caveat against the marriage of any person named in the caveat on the ground that the marriage is one in respect of which a licence should not be issued under this Act. 2: Every caveat shall be in writing signed by or on behalf of the caveator, and shall state his or her full name and residential address and the particular grounds of objection on which the caveat is founded. 3: Notice of any caveat may be given to any Registrar other than the Registrar with whom it was lodged. The notice shall be in writing signed by or on behalf of the caveator, and shall state his or her full name and residential address, the date and place of lodgement of the caveat, and the grounds of objection on which the caveat is founded. 4: Until the caveat has been withdrawn by the caveator or has been discharged as provided by section 26 1908 No 113 s 22 26: Discharge of caveat 1: On receiving notice under section 23 Family Court Judge, or, if a Family Court Judge is not immediately available, to a District Court Judge 2: A caveat shall be deemed to be discharged after the expiration of 1 year from the date on which it was lodged unless within that time a notice of the intended marriage to which the caveat relates has been given. 3: Where a Family Court Judge (or a District Court Judge) Family Court Judge Family Court Judge 1908 No 113 s 22(2) Section 26(1) amended 1 October 1981 section 17(1) Family Courts Act 1980 Section 26(3) amended 1 October 1981 section 17(1) Family Courts Act 1980 27: Vexatious caveat Any person who has lodged a caveat shall, if the court considers the grounds on which the caveat was lodged to be vexatious and unreasonable, be liable for damages. 1908 No 113 s 23 28: Registrar to issue licence unless satisfied marriage unlawful A Registrar shall issue a marriage licence or solemnise a marriage, as the case may be, unless he or she has reasonable cause to believe that the marriage is prohibited by this Act or that any of the requirements of this Act have not been complied with: provided that no Registrar shall be required to solemnise a marriage at a time or on a day when his or her office is not ordinarily open for the transaction of public business under this Act unless he or she has agreed to do so. 1908 No 113 s 25 Section 28 inserted 1 January 1977 section 7(2) Marriage Amendment Act 1976 29: Licence authorises but not obliges marriage celebrant 1: A marriage licence shall authorise but not oblige any marriage celebrant 2: Without limiting the generality of subsection (1) Schedule 1 1908 No 113 s 28 Section 29 heading amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 Section 29(1) amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 Section 29(2) inserted 19 August 2013 section 6 Marriage (Definition of Marriage) Amendment Act 2013 5: Solemnisation of marriage 30: When marriage may be solemnised 1: A marriage shall not be solemnised by a marriage celebrant 2: A marriage shall not be solemnised after the expiration of 3 months from the date of the licence issued in respect of the marriage. 3: A marriage shall not be solemnised by a Registrar before the third day after notice of the intended marriage has been given to him or her: provided that the Registrar, if he or she is satisfied that the marriage is not prohibited by this Act, that the requirements of this Act have been complied with, and that inconvenience would otherwise be caused to the persons intending marriage, may solemnise the marriage before that day. 4: A marriage shall not be solemnised by a Registrar after the expiration of 3 months from the date when notice of the intended marriage was given to him or her, or, where a caveat has been lodged, after the expiration of 3 months from the date when the caveat was withdrawn or discharged. 1908 No 113 s 31 Section 30(1) amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 31: Place and form of marriage before marriage celebrant 1: Every marriage solemnised by a marriage celebrant shall be solemnised at a place described in the marriage licence issued in respect of that marriage. 2: Subject to subsection (3), every such marriage shall take place between the persons named in the licence according to such form and ceremony as they may think fit to adopt, and shall be solemnised 3: During the solemnisation of every such marriage each party must say to the other— a: I AB, take you CD, to be my legal wife or husband b: words to similar effect; or c: in the case of the solemnisation of a marriage in accordance with the rules and procedures of a specified body that require different words to be used as a marriage vow than those set out in paragraph (a) 4: The solemnisation of a marriage may not be conducted in accordance with subsection (3)(c) a: informs the Registrar of the words that are intended to be used in place of the words set out in subsection (3)(a) b: notifies the Registrar of the safeguards to be adopted by that body to ensure that— i: there is a clear identification of the parties to the marriage; and ii: that the parties freely consent to the marriage; and iii: the witnesses understand the ceremony and can verify the matters referred to in subparagraphs (i) and (ii) 5: In this section, specified body a: a religious body described in Schedule 1 section 32C b: an organisation approved under section 9 Section 31 replaced 1 January 1977 section 6 Marriage Amendment Act 1976 Section 31(2) amended 7 May 1999 section 3 Marriage Amendment Act 1999 Section 31(2) amended 15 December 1994 Marriage Amendment Act 1994 Section 31(3) replaced 1 January 2002 section 59 Human Rights Amendment Act 2001 Section 31(4) inserted 1 January 2002 section 59 Human Rights Amendment Act 2001 Section 31(5) inserted 1 January 2002 section 59 Human Rights Amendment Act 2001 32: Marriage of Quakers 1: The provisions of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant provided that no such marriage shall be solemnised unless a marriage licence has been issued: provided also that every such marriage shall be solemnised 2: Every marriage to which this section applies shall be as valid as if solemnised under this Act before a marriage celebrant 3: 4: 5: Nothing in this section shall be construed to limit in any way the provisions of section 22 1940 No 18 s 30 Section 32(1) amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 Section 32(1) second proviso replaced 1 January 1977 section 5(2) Marriage Amendment Act 1976 Section 32(1) second proviso amended 15 December 1994 Marriage Amendment Act 1994 Section 32(2) amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 Section 32(3) repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 Section 32(4) repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 32A: Marriage in accordance with rules and procedures of exempt religious bodies 1: The provisions of this Part relating to the solemnisation of marriage in the presence of a marriage celebrant do not extend to marriages conducted in accordance with the rules and procedures of an exempt religious body. 2: Despite subsection (1) a: must not be solemnised unless a marriage licence has been issued: b: must be solemnised at a place stated in the marriage licence. 3: Every marriage to which subsection (1) 4: This section does not limit the provisions of section 22 5: In this section and in sections 32B to 32E exempt religious body section 32C Section 32A inserted 1 January 2002 section 61 Human Rights Amendment Act 2001 32B: Application to become exempt religious body 1: A religious body (other than the religious body to which section 32 2: An application made under subsection (1) must be accompanied by— a: a statement i: the beliefs and objects of the organisation; and ii: the number or, if this cannot be accurately ascertained, the approximate number of members of the organisation of or over 18 years; and b: a statement explaining why the objects and beliefs of the religious body are inconsistent with those provisions of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant; and c: a statement containing a description of the rules and procedures by which the body proposes to solemnise marriages. 3: The statement referred to in subsection (2)(a) must be— a: signed by the persons specified in subsection (4), each of whom must state his or her age and address; or b: approved electronically by, or on behalf of, the persons specified in subsection (4) in a manner specified by the Registrar-General ( see also section 128 4: The persons are— a: the chief office bearer and at least 10 members of the religious body who are of or over the age of 18; or b: in the case of a religious body whose rules and procedures or tenets do not recognise a chief office bearer, at least 10 members of the organisation who are of or over the age of 18. 5: Another person must verify, either electronically in a manner specified by the Registrar-General or by statutory declaration, that the signatories to an application signed under subsection (3)(a) are who they claim to be and are members of the body ( see also section 128 Section 32B inserted 1 January 2002 section 61 Human Rights Amendment Act 2001 Section 32B(2)(a) amended 16 December 2017 section 22(1) Electronic Interactions Reform Act 2017 Section 32B(3) replaced 16 December 2017 section 22(2) Electronic Interactions Reform Act 2017 Section 32B(3)(b) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 32B(4) replaced 16 December 2017 section 22(2) Electronic Interactions Reform Act 2017 Section 32B(5) inserted 16 December 2017 section 22(2) Electronic Interactions Reform Act 2017 Section 32B(5) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 32C: Declaration of religious body as exempt religious body 1: The Registrar-General may, on receiving an application under section 32B a: that the body is a bona fide religious body; and b: that the beliefs of that body are genuinely and sincerely held by its members; and c: that the beliefs or objects of that body are inconsistent with the fulfilment of the requirements of this Part relating to the solemnisation of marriage in the presence of a marriage celebrant; and d: that the rules and procedures under which that body proposes to solemnise marriage are— i: consistent with the requirements of this Act (other than those referred to in paragraph (c) ii: otherwise satisfactory. 2: If, on receiving an application under section 32B 3: If the Minister considers that the requirements of subsection (1)(a) to (d) 4: A declaration under this section that a religious body is an exempt religious body must be made by way of notice in the Gazette Section 32C inserted 1 January 2002 section 61 Human Rights Amendment Act 2001 32D: Change in beliefs or objects of exempt religious bodies 1: If an exempt religious body changes its name or any of its beliefs or objects, it must immediately give the Registrar-General notice in writing, signed in the manner required by section 32B(2)(a) a: of its former and new names; and b: of whether its beliefs and objects remain unchanged since it last stated them to the Registrar-General under section 32B c: if those beliefs and objects do not remain unchanged, stating its present beliefs and objects; and d: stating whether its present beliefs and objects continue to be inconsistent with the provisions of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant. 2: If the Registrar-General is satisfied that an exempt religious body has changed its name, the Registrar must notify the change by notice in the Gazette 3: Subsection (4) a: has been notified under subsection (1) b: is satisfied that any of the beliefs or objects of an exempt religious body have changed since that organisation last stated its beliefs and objects to the Registrar-General under section 32B 4: If subsection (3) a: that that exempt religious body should continue to be an exempt religious body; or b: that the Minister must cancel the exemption of that body from observing the requirements of this Part relating to the solemnisation of marriages in the presence of a marriage celebrant. 5: The Registrar-General must not recommend, under subsection (4) 6: The Minister may exercise the power conferred by subsection (7) a: becomes satisfied that, in the light of information not available to the Minister or Registrar-General (as the case may be) when an exempt religious body was granted an exemption, or as a consequence of a change in the circumstances of an exempt religious body, that the body should not continue to be an exempt religious body; or b: is not satisfied (whether or not as a result of a recommendation under subsection (4) 7: If subsection (6) Gazette subsection (6) Section 32D inserted 1 January 2002 section 61 Human Rights Amendment Act 2001 32E: List of exempt religious bodies 1: The Registrar-General must, in each year,— a: prepare a list of exempt religious bodies (in this section referred to as the list); and b: ensure that the list is published in the Gazette 2: The list must contain the name of every exempt religious body and must be corrected or added to as often as is necessary to maintain its accuracy. 3: The Registrar-General must ensure that each correction of, or addition to, the list is published in the Gazette 4: The Registrar-General must specify in each list published in the Gazette Section 32E inserted 1 January 2002 section 61 Human Rights Amendment Act 2001 33: Marriages before Registrar 1: After compliance with the provisions of this Act any marriage may be solemnised 2: During the solemnisation of every such marriage each party to it shall declare: I solemnly declare that I do not know of any impediment to this marriage between me AB and CD, And shall say to the other party: I call on the people present here to witness that I, AB, take you, CD, to be my legal wife ( or or words to similar effect. Section 33 replaced 1 January 1977 section 7(1) Marriage Amendment Act 1976 Section 33(1) amended 7 May 1999 section 4 Marriage Amendment Act 1999 Section 33(1) amended 15 December 1994 Marriage Amendment Act 1994 33A: Registrar-General may solemnise marriage With his or her prior consent, notice of an intended marriage may be given to the Registrar-General or Deputy Registrar-General, and the marriage may be solemnised before him or her, in the same manner and subject to the same requirements and conditions as if he or she were a Registrar. Section 33A inserted 1 January 1977 section 8 Marriage Amendment Act 1976 34: Proxy marriages 1: Notwithstanding the provisions of this Act, a marriage solemnised in New Zealand in the absence of one party to the marriage shall, if it is solemnised in accordance with this section, be lawful. 2: A Family Court Judge Judge or by reason of the conditions of his or her service as a member of the armed forces of any Commonwealth country, or of any country for the time being allied with any Commonwealth country 3: All the provisions of this Act shall, as far as they are applicable and with the necessary modifications, apply to any marriage to which this section relates. 4: Regulations under this Act may prescribe the form of any marriage to which this section relates before a Registrar, the manner and form in which the assent of the absent party to any such marriage shall be given, the time during which and the circumstances in which any document signed by the absent party may be revoked and the effect of any such revocation, and such other matters as may be considered necessary in respect of the solemnisation and registration of any such marriage. Section 34(2) amended 1 October 1981 section 17(1) Family Courts Act 1980 Section 34(2) amended 24 September 1959 Marriage Amendment Act 1959 6: Registration of marriages 35: Marriage registers 1: 2: Any person having lawful custody of a register book shall keep the book safely, and any such person who negligently loses the book, or wilfully or negligently destroys or defaces any entry in the book, or wilfully or negligently allows any entry in the book to be destroyed or defaced while the book is in his or her custody, commits an offence and shall be liable on $100 1908 No 113 ss 36(1), 39 Section 35(1) repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 Section 35(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 36: Particulars of marriage to be entered in register book Section 36 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 37: Penalty for failing to register marriage Section 37 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 37A: Marriage celebrant Section 37A repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 38: Registrar-General to keep register Section 38 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 7: Marriages out of New Zealand 39: Foreign marriages of British subjects All marriages (whether solemnised before or after the commencement of this Act) which are valid in the United Kingdom by virtue of the Foreign Marriage Acts 1892 to 1947 of the Parliament of the United Kingdom, or by virtue of any Act of the Parliament of the United Kingdom passed in amendment of or in substitution for the Foreign Marriage Acts 1892 to 1947, shall be and shall be deemed always to have been as valid in New Zealand as if solemnised in New Zealand in accordance with this Act: provided that where either of the parties to any such marriage has thereafter during the lifetime of the other party to the marriage and before the commencement of this Act lawfully married any other person, the first marriage shall be deemed to have been dissolved immediately before the solemnisation of the second marriage: provided also that this section shall not affect any estate, right, or interest in any real or personal property to which any person has become absolutely entitled before the commencement of this Act, or affect any proceedings commenced in any court before the commencement of this Act, or any decree, order, or judgment made or given (whether before or after the commencement of this Act) in any such proceedings. 40: Marriages abroad of Commonwealth citizens and citizens of Ireland 1: All marriages (whether solemnised before or after the commencement of this Act) at least one party to which is a citizen of a Commonwealth country or of the Republic of Ireland solemnised in a country other than the country of which the party is a citizen in accordance with a form authorised in that case by the law of the country of which the party is a citizen shall be as valid in New Zealand as if solemnised in New Zealand in accordance with this Act. 2: Nothing in this section shall affect the validity of any marriage solemnised out of New Zealand in accordance with the law of the country where the marriage was solemnised. 41: Certificate of no impediment to person intending foreign marriage 1: A person who intends to marry outside New Zealand in accordance with the law of another country or jurisdiction may apply to the Registrar-General for a certificate of no impediment. 2: An application must— a: be made in the prescribed form; and b: contain the prescribed information; and c: be accompanied by the prescribed fee. 3: On receipt of an application, the Registrar-General must make whatever searches and inquiries he or she considers appropriate. 4: The provisions of sections 25(1) to (3) 26 5: The Registrar-General may issue a certificate of no impediment to the applicant if— a: any caveat lodged within 14 days of the Registrar-General receiving an application under subsection (1) is withdrawn by the caveator or discharged under section 26 b: the Registrar-General is satisfied that no lawful impediment to the intended marriage has been shown to exist. Section 41 replaced 25 February 2012 section 4 Marriage Amendment Act 2012 42: Notice of intended marriage outside New Zealand 1: Where any citizen of a Commonwealth country or of the Republic of Ireland resident in New Zealand for at least 7 days desires to marry outside New Zealand under the Foreign Marriage Acts 1892 to 1947 of the Parliament of the United Kingdom or to marry any such citizen in the United Kingdom, he or she may give notice to a Registrar in a manner specified by the Registrar-General 2: The person giving notice must verify that— a: the particulars in the notice are true; and b: he or she believes the intended marriage is not prohibited by Schedule 2 c: there is no other lawful impediment to the intended marriage. 2A: The information in subsection (2) may be verified— a: electronically in a manner specified by the Registrar-General ( see also section 128 b: by the person giving notice appearing personally before the Registrar and making a statutory declaration. 3: If the person giving notice is under the age of 20 consent 4: The provisions of section 25 5: Subject to the provisions of subsections (2) to (4) 1915 No 25 s 6 Section 42(1) amended 16 December 2017 section 23(1) Electronic Interactions Reform Act 2017 Section 42(2) replaced 16 December 2017 section 23(2) Electronic Interactions Reform Act 2017 Section 42(2A) inserted 16 December 2017 section 23(2) Electronic Interactions Reform Act 2017 Section 42(2A)(a) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 42(3) amended 14 August 2018 section 9 Minors (Court Consent to Relationships) Legislation Act 2018 Section 42(3) amended 1 January 1971 section 6 Age of Majority Act 1970 43: New Zealand representative may attend marriage abroad of New Zealand citizen and give certificate 1: Any New Zealand representative who has attended the marriage of a New Zealand citizen in a country other than New Zealand and is satisfied that the marriage has been solemnised in accordance with the formalities of the law of that other country may give a certificate in the prescribed form and shall forward a duplicate copy of the certificate to the Registrar-General. 2: Section 43(2) repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 44: Validity of service marriages A service marriage shall be deemed to have been and to be as valid as if it had been solemnised in New Zealand in accordance with the provisions of this Act. Section 44 replaced 1 September 1995 section 94 Births, Deaths, Marriages, and Relationships Registration Act 1995 45: Record of service marriages solemnised outside New Zealand Section 45 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 46: Special register of service marriages Section 46 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 8: General 47: Correction of errors in register books or records Section 47 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 48: Search of records of Registrar Section 48 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 49: Search of records of Registrar-General Section 49 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 49A: Disclosure of information to Department of Social Welfare Section 49A repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 49B: Registrar-General may authorise access to information Section 49B repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 49C: Limitations on access Section 49C repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 49D: Health or demographic research or collection of statistics Section 49D repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 50: Shortened form of marriage certificates Section 50 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 50A: Searches of Registrar-General's indexes Section 50A repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 51: Certified copies to be evidence Section 51 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 52: Officers may take statutory declarations Section 52 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 53: Records to be made of dissolution of marriages Section 53 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 54: Convictions for bigamy to be recorded Section 54 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 55: Records of dissolution of marriage or bigamy to be made in record book Section 55 repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 55A: Recording of changes of name in marriage record book Section 55A repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 56: Offence to deny or impugn validity of lawful marriage Section 56 repealed 19 August 2013 section 7 Marriage (Definition of Marriage) Amendment Act 2013 57: Offence to alter register book without authority Any person who without the authority of the Registrar-General makes any alteration in a register book, or any person having lawful custody of a register book who permits any such alteration, commits an offence and shall be liable on $100 Section 57 amended 1 July 2013 section 413 Criminal Procedure Act 2011 58: Offence to solemnise marriage contrary to provisions of this Act Every Registrar who knowingly and wilfully issues any marriage licence or solemnises any marriage contrary to the provisions of this Act, or where there is any other lawful impediment to the marriage, and every marriage celebrant $600 1908 No 113 s 55 Section 58 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 58 amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 59: Offence to solemnise marriage falsely pretending to be marriage celebrant Every person who falsely pretends to be a marriage celebrant 1908 No 113 s 54 Section 59 heading amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 Section 59 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 59 amended 1 January 1977 section 2(1) Marriage Amendment Act 1976 60: Offences in connection with false statements and improper solemnisation of marriages Every person commits an offence and shall be liable on conviction $400 a: makes or causes to be made any false declaration or verification b: makes or causes to be made, for the purpose of being inserted in any register book, a false statement of any of the particulars required to be known and registered under the provisions of this Act; or c: notifies any Registrar of the lodgement of a caveat under section 25 1908 No 113 s 53 Section 60 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 60(a) amended 16 December 2017 section 24 Electronic Interactions Reform Act 2017 61: Offences generally Section 61 repealed 1 January 1977 section 9 Marriage Amendment Act 1976 62: Magistrate to have summary jurisdiction Section 62 repealed 1 April 1958 section 214(1) Summary Proceedings Act 1957 63: Limitation on prosecutions No prosecution under this Act shall be commenced after the expiration of 3 years from the date when the offence was committed. 1908 No 113 s 57 64: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: prescribing fees for the doing of any act under this Act: b: prescribing forms to be used for the purposes of this Act and the matters to be specified in such forms: c: providing for such other matters as are contemplated by or necessary to give full effect to the provisions of this Act and its due administration. 2: Where the Registrar-General or any Registrar is empowered by this Act to do any act for which a fee is payable, he or she may refuse to do the act until the fee is paid. 3: Notwithstanding the provisions of any regulations under this Act, the Registrar-General may dispense with the payment of any fee payable under this Act. 4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 64 replaced 1 January 1977 section 10 Marriage Amendment Act 1976 Section 64(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 64AA: Registrar-General may specify manner of application and verification of information 1: The Registrar-General may specify— a: the manner in which a notice may be given for the purposes of sections 23 42 i: when, where, and how the notice may be given; and ii: forms (including electronic forms) requiring information or setting out information that must be provided in the notice; and iii: requirements in connection with the use of specified forms; and b: the manner in which information may be verified electronically for the purposes of sections 9 10 23 32B 42 i: when and how information must be verified; and ii: what evidence must be provided to verify the information; and iii: requirements with which evidence must comply. 2: Information required by a form specified under subsection (1)(a)(ii) must be prescribed by regulations. Section 64AA inserted 16 December 2017 section 25 Electronic Interactions Reform Act 2017 64A: Rules of procedure 1: Rules may be made under section 16A Family Court Act 1980 regulating the practice and procedure of the Family Court sections 18 26 2: The rules do not affect the practice and procedure of the District Court in proceedings under section 26 Section 64A inserted 13 September 2002 section 6 Family Courts Amendment Act 2000 Section 64A(1) amended 14 August 2018 section 10(1) Minors (Court Consent to Relationships) Legislation Act 2018 Section 64A(1) amended 1 March 2017 section 261 District Court Act 2016 Section 64A(2) replaced 14 August 2018 section 10(2) Minors (Court Consent to Relationships) Legislation Act 2018 65: Regulations may prescribe fees Section 65 repealed 1 January 1977 section 10 Marriage Amendment Act 1976 66: Disposition of fines and fees All fines recovered and all fees received by a Registrar or the Registrar-General a Crown Bank Account Section 66 amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 66 amended 1 January 1977 section 11 Marriage Amendment Act 1976 67: Repeals and savings 1: The enactments specified in Schedule 3 2: The enactments specified in Schedule 4 3: Without limiting the provisions of the Acts Interpretation Act 1924 4: It is hereby declared that the provisions of sections 20 and 21 of the Acts Interpretation Act 1924

DLM293837

1955

Maori Purposes Act 1955

1: Short Title This Act may be cited as the Maori Purposes Act 1955. 2: Provisions of Maori Affairs Act 1953 Words and expressions used in this Act shall, unless the contrary intention appears, have the same meaning as in the Maori Affairs Act 1953 Amendments to principal Act 3: 1: This subsection amended s 131(2)(b) of the principal Act 2: This subsection substituted new subss (3), (4), and (5) subss (3) and (4) of s 131 of the principal Act 3: 4: 5: This section shall come into force on the 1st day of January 1956. Subsection (3) repealed 100(1) Estate and Gift Duties Act 1968 Subsection (4) repealed 100(1) Estate and Gift Duties Act 1968 4: 1: This subsection amended s 133(4) of the principal Act 2: This subsection added subs (7) to s 133 of the principal Act 5: 1: 2: Subsection (1) repealed 2(2) Maori Purposes Act 1957 Subsection (2) repealed Maori Affairs Amendment Act 1974 6: Section 6 repealed Maori Affairs Amendment Act 1967 7: Section 7 repealed Maori Affairs Amendment Act 1967 8: This section added subs (6) to s 459 of the principal Act Amendments to other acts relating to maoris 9: Section 9 repealed 44 Maori Welfare Act 1962 10: This section amended s 38(4) Maori Trustee Act 1953 11: 1: This subsection substituted a new section for s 75 Maori Vested Lands Administration Act 1954 2: This section shall be deemed to have come into force on the 29th day of September 1954. 12:

DLM288712

1955

Finance Act 1955

1: Short Title This Act may be cited as the Finance Act 1955. 2: Validating general increases of salaries of government servants 1: Notwithstanding anything to the contrary in the Public Service Act 1912 or in any other enactment, and without limiting any other powers in that behalf, it is hereby declared that there may be paid from money appropriated by Parliament for the payment of salaries and allowances in the nature of salaries to persons employed by the Crown— a: amounts by way of increase of salary from 30 September 1954, which shall not exceed in any case the sum of 102 pounds 10 shillings a year: b: amounts by way of increase of salary from 7 November 1954, which shall not exceed in any case the sum of 35 pounds a year. 2: This section shall be deemed to have come into force on 1 October 1954. 3: Removing limitation on postal charges for packets containing dutiable goods Section 3 repealed 1 January 1960 Post Office Act 1959 4: Validating raising of part of loan by Auckland Harbour Bridge Authority Whereas by Order in Council made under the Local Government Loans Board Act 1926 on 1 December 1954 consent was given to the raising by the Auckland Harbour Bridge Authority of the Auckland Harbour Bridge Loan No 3 1954 of 5,002,000 pounds; And whereas the Authority has raised as the first part of the loan the sum of 375,000 pounds on and from 13 December 1954; And whereas in accordance with the terms, conditions, and stipulations determined by the Local Government Loans Board that part of the loan should have been raised on and from 31 January 1955; And whereas it is desirable to validate the raising of that part of the loan: Be it therefore enacted as follows: The action of the Auckland Harbour Bridge Authority in raising the sum of 375,000 pounds as the first part of the loan on and from 13 December 1954 is hereby validated, and that sum is hereby declared to have been lawfully borrowed. 5: Increasing limit of interest bearing deposits in trustee savings banks Section 5 repealed 26 October 1956 Trustee Savings Banks Amendment Act 1956 6: Limit to liability of shareholders of National Bank of New Zealand Limited Section 6 repealed 2 April 1985 section 8(d) National Bank of New Zealand Act 1985

DLM293863

1955

Impounding Act 1955

1: Short Title and commencement 1: This Act may be cited as the Impounding Act 1955. 2: This Act shall come into force on 1 January 1956. 2: Interpretation 1: In this Act, unless the context otherwise requires,— district driving charges section 15 entire fence Fencing Act 1978 fenced land local authority Local Government Act 2002 nearest accessible pound occupier a: in relation to any land, other than land of the Crown, includes any owner of the land; and also includes any tenant, licensee, agent, bailiff, or overseer of any owner or occupier: b: in relation to unoccupied land of the Crown, means the Minister for the time being charged with the administration of the Department of State that has the control of the land: c: in relation to any other land of the Crown, means any person occupying the land under lease, licence, or other authority granted by or on behalf of the Crown owner owned poultry pound public pound Part 6 poundkeeper public notice publicly notify ranger road a: means any place open to or used by the public as of right; and b: includes a river bed and riparian land under the control of any local authority or regional council, unless any occupier of land adjoining the river bed or riparian land is also the lawful occupier of that river bed or riparian land stock straying wandering temporary pound section 32 trespass rates Schedule 3 2: For the purposes of this Act a suckling of any species under 6 months old and its mother are to be considered as 1 animal. 3: A local authority may exercise its powers under this Act in respect of any regional road, State highway or motorway provided that no power shall be exercised by a local authority in respect of any river bed or riparian land if the occupier of any land adjoining the river bed or riparian land is also the lawful occupier of that river bed or riparian land. 1908 No 79 s 2 Section 2(1) borough repealed 1 April 1980 section 8(3) Local Government Amendment Act 1979 Section 2(1) driving charges replaced 1 April 1981 Impounding Amendment Act 1980 Section 2(1) fence fenced land replaced 1 April 1981 Impounding Amendment Act 1980 Section 2(1) local authority replaced 1 July 2003 Local Government Act 2002 Section 2(1) ordinary general fund repealed 1 July 2003 section 262 Local Government Act 2002 Section 2(1) road replaced 1 July 2003 section 262 Local Government Act 2002 Section 2(1) stock replaced 1 April 1981 Impounding Amendment Act 1980 Section 2(3) replaced 25 November 1968 Impounding Amendment Act 1968 Section 2(3) amended 1 April 1981 Impounding Amendment Act 1980 1: Establishment of pounds 3: Establishment of public pounds Every local authority shall provide and maintain a public pound, which shall be properly fenced and enclosed and so adapted as to keep stock infected with any contagious disease separate and apart from other stock: provided that— a: any 2 or more local authorities may jointly provide and maintain a public pound upon such terms and conditions as may be agreed upon: b: any local authority may, if it so desires, provide and maintain more than 1 public pound: c: if a Minister of the Crown is the local authority, nothing in this section imposes on that Minister any obligation to provide and maintain a public pound. 1908 No 79 ss 29, 30; 1941 No 26 s 33(2) Section 3 provisio paragraph (c) replaced 1 July 2003 section 262 Local Government Act 2002 4: Provisions as to joint pounds 1: Where any local authority has entered into an agreement to provide a joint pound, that local authority may make contributions in accordance with the agreement towards the cost of establishing, maintaining, and operating the joint pound. 2: All rates, charges, fees, and other money collected by a local authority in respect of the joint pound and not otherwise appropriated by this Act shall be held by the local authority on behalf of the parties to the agreement and, subject to the deduction or payment of such amount as remuneration or costs as may be agreed upon, shall be handed over to such local authorities as are entitled to receive the same in terms of the agreement. 1941 No 26 s 33(3), (4) 5: Location of pound to be publicly notified The location of any new pound, or a change in the location of any pound, or the abolition of any pound shall be publicly notified, and a copy of the notice shall be prima facie evidence of the establishment or change in location or abolition of any pound. 1908 No 79 s 31 6: Notice to be placed on pound The local authority shall erect and maintain on some conspicuous part of every pound a notice board on which shall be printed or otherwise affixed in some permanent manner a notice to the effect that the area is a public pound, and showing the name of the local authority having jurisdiction over the pound and the name and address of the poundkeeper. 1908 No 79 s 34 7: Local authority may acquire land for establishment of pounds A local authority may take or otherwise acquire under the Public Works Act 1928 2: Poundkeepers and other staff 8: Appointment of poundkeepers, etc The local authority shall appoint a poundkeeper for each public pound under its control, and may appoint rangers and such other persons as are necessary for the proper carrying out of the provisions of this Act. 1908 No 79 s 29 9: Appointment of deputies 1: The local authority may from time to time appoint a deputy of any poundkeeper. 2: On the occurrence from any cause of a vacancy in the office of poundkeeper (whether by reason of death, resignation, dismissal, or otherwise), and in case of the illness, absence, suspension, or temporary incapacity of the poundkeeper (from whatever cause arising), and so long as the vacancy, illness, absence, suspension, or temporary incapacity continues, the deputy shall have and may exercise all the powers, duties, and functions of the poundkeeper whose deputy he is. 3: The fact that the deputy of any poundkeeper exercises any power, duty, or function as aforesaid shall be conclusive evidence of his authority to do so, and no person shall be concerned to inquire whether the occasion has arisen requiring or authorizing him to do so. 10: Local authority may remove or suspend poundkeeper, etc The local authority may at any time remove or suspend from duty any poundkeeper or deputy poundkeeper or any ranger or other person appointed for the purposes of this Act. 1908 No 79 s 29 11: Appointment, etc, of poundkeeper to be publicly notified Every appointment, or suspension, or removal from office of any poundkeeper or any deputy poundkeeper shall be publicly notified, and a copy of the notice shall be prima facie evidence of any such appointment, suspension, or removal. 1908 No 79 ss 29, 31 3: Conduct of pounds 12: Provisions for health of impounded stock 1: The local authority shall cause every pound under its jurisdiction to be kept clean and in good order, and all stock from time to time impounded therein to be supplied with sufficient food and water and given all necessary care and attention. 2: The local authority shall cause any stock known to be infected with any contagious disease to be kept in a separate enclosure from stock not so infected, and any person for the time being in charge of a pound who knowingly allows any diseased stock to be confined in the same enclosure with other stock commits an offence under this Act. 1908 No 79 s 32 13: Records to be kept by local authority 1: The local authority shall keep or cause to be kept in respect of all stock impounded— a: a Pound Book in the prescribed form in respect of each pound in its district: b: an Impounding Register in the prescribed form. 2: The Pound Book shall be the initial record of stock impounded in the pound, and shall be kept by the poundkeeper, who, as soon as possible after stock has been impounded, shall make in duplicate all such entries as are required to be made therein, and forward a copy of those entries to the chief executive 3: The Impounding Register shall be kept at the office of the local authority, and shall be a record of all stock impounded, and of all fees, rates, and charges received in respect of that stock, and all disbursements required to be made therefrom under this Act. 4: The Pound Book and the Impounding Register shall at all reasonable times be open to inspection by any person free of charge. 1908 No 79 s 33 Section 13(2) amended 1 July 2003 section 262 Local Government Act 2002 4: Fees, rates, and charges 14: Poundage fees and sustenance charges 1: The local authority may, by resolution publicly notified, set reasonable poundage fees which shall be recoverable from the owner of stock impounded in its pound. 2: In setting poundage fees under subsection (1), the local authority may— a: set different fees for different classes of stock: b: set a graduated scale of fees for the repeated impounding of the stock of any particular owner. 3: In addition to any poundage fees recoverable by the local authority, that authority may also recover from the owner of stock impounded in its pound the actual costs, reasonably incurred, in the sustenance of the impounded stock of that owner. 4: The person impounding stock shall not be liable to pay to the local authority any fees or charges recoverable under this section. Section 14 replaced 1 April 1981 Impounding Amendment Act 1980 15: Driving charges 1: The owner of any stock that is found trespassing, straying or wandering on any road shall pay to the local authority or person having custody of the stock all reasonable costs incurred in leading, driving, or conveying the stock from the place where it is found to the pound or to the place where it is delivered to the owner. 2: The charges payable under subsection (1) shall be payable to the local authority in the first instance if the stock is impounded, or direct to the person having custody of the stock in any other case. 3: Without limiting the generality of subsection (1), the charge made may take account of— a: the distance covered and the time involved in delivering the stock to the pound or the owner; and b: the number and class or classes of stock delivered; and c: where stock is conveyed by any vehicle, the reasonable cost of that conveyance, including the dispatch of the vehicle to the place where the stock is found and the return of the vehicle to the place of dispatch. 4: Notwithstanding anything in this section, the local authority or, as the case may be, the person having custody of the stock and delivering it to the owner, may make a minimum charge of $5. Section 15 replaced 1 April 1981 Impounding Amendment Act 1980 15A: Regulations as to trespass rates 1: Without limiting the general power to make regulations conferred by section 67 2: Any such regulations may prescribe different rates according to the description of the stock trespassing and according to the description of the land or crops trespassed upon. Section 15A inserted 1 April 1981 Impounding Amendment Act 1980 16: Trespass rates Where trespass rates are payable under this Act, the owner of the stock trespassing shall pay the rates prescribed by regulations made under 1908 No 79 ss 24, 26, 27 Section 16 amended 1 April 1981 Impounding Amendment Act 1980 17: Special trespass rates for entire animals In any case where trespass rates are payable in respect of the trespass of any entire animal, there shall be payable to the occupier of the land trespassed upon, as a special trespass rate in addition to any other trespass rate prescribed by regulations made under $200 the District Court 1908 No 79 s 8 Section 17 amended 1 March 2017 section 261 District Court Act 2016 Section 17 amended 1 April 1981 Impounding Amendment Act 1980 Section 17 amended 1 April 1981 Impounding Amendment Act 1980 18: Fees, rates, and charges to be paid into ordinary general fund Section 18 repealed 1 July 2003 section 262 Local Government Act 2002 19: Local authority to pay trespass rates and driving charges to persons entitled thereto Subject to the provisions of section 29 1908 No 79 s 27 20: Copy of Act and table of fees to be available for inspection There shall be available for inspection by any person at all reasonable times at the office of the local authority and at the office or residence of the poundkeeper a copy of this Act and a table of the fees, rates, and charges that the local authority is authorized by this Act to receive. 1908 No 79 ss 33, 34 5: Remedies for stock trespassing Impounding trespassing stock 21: Occupier may impound trespassing stock The occupier of any land may seize and impound any stock trespassing on the land. 1908 No 79 s 5 22: Mode of impounding trespassing stock 1: Except as hereinafter provided, stock shall be impounded in the nearest accessible pound to the place where the stock was found trespassing. 2: The stock may be led, driven, or conveyed to the pound by the occupier of the land trespassed upon or his agent or, if so requested by the occupier and approved by the local authority, by a ranger. 3: Where the stock, while being taken to a pound, escapes on to any unfenced land, the person taking the stock to the pound or any other person on his behalf may enter upon the land and remove the stock therefrom. 1908 No 79 s 11 23: Stock to be released if trespass rates and driving charges tendered Where stock has been seized for trespass by any occupier for the purpose of impounding the same, the owner of the stock or some person on his behalf may pay or tender the trespass rates (where trespass rates are payable) and driving charges to the person seizing or having charge of the stock before it has actually been impounded, and the person having charge of the stock shall on that payment or tender forthwith deliver up the stock to the owner or to the person acting on his behalf. 1908 No 79 s 28 24: Occupier may impound on his own land stock trespassing thereon 1: The occupier of any land trespassed upon by stock may, where the owner of the stock is known to him, impound and detain the stock in any convenient place upon his own land; and in that case he shall, within 24 hours of the impounding, notify the owner of the stock, either personally or by means of a written notice delivered to his usual or last-known place of abode, of the number, description, brands or apparent brands and earmarks of the stock, the place where the stock was found, and details of any trespass rates claimed. 2: The occupier shall feed and maintain and give all necessary care and attention to the stock so impounded and shall not keep it impounded longer than 2 whole days of 24 hours each, and at the expiration of that time, unless the stock is sooner released pursuant to subsection (3), he shall cause the stock to be led, driven, or conveyed to the nearest accessible pound. 3: Where stock has been impounded in accordance with subsection (1) and the owner or any person acting on his behalf pays or tenders the sustenance fees that would have been payable if the stock had been impounded in the nearest accessible pound and any trespass rates that may be payable, the occupier of the land shall release the stock to the owner or to the person acting on his behalf. 1908 No 79 s 12 25: Occupier may restore trespassing stock to owner The occupier of any land trespassed on by stock may restore the stock to its owner, and in such a case may demand, and in case of non-payment recover as a debt, from the owner of the stock the amount of any trespass rates that would be payable if the stock was impounded for trespass, together with the charges for leading, driving, or conveying the stock to the residence of the owner. 1908 No 79 s 13 Damages for trespass and trespass rates 26: Damages for trespass 1: Except as otherwise provided in this Act, the occupier of land trespassed upon by stock shall not be entitled to demand or recover any damages whatsoever on account of the trespass thereon of any stock unless— a: the land or the portion of the land trespassed upon is fenced; or b: he proves that the trespass on to his land was not wholly or partly due to the fact that his land or the portion trespassed upon was not fenced; or c: in any case where stock trespassing on any land adjoining his land and not fenced therefrom has trespassed on to his land from that adjoining land, he proves that the trespass on to the adjoining land was not wholly or partly due to the fact that that adjoining land was not fenced; or d: the land (whether fenced or unfenced) is situated in a city or a part of a district that was formerly a city or borough provided that nothing in this paragraph shall apply with respect to the trespass by stock on to unfenced land having a frontage to a road declared by the local authority by bylaw to be a stock route, if the stock is being driven along the road at the time and subject to the conditions prescribed by the bylaw. 2: In any case where damages are payable under this section the amount of any damage shall be recoverable by action from the owner of the stock. 3: Where stock has been impounded for trespass and the occupier of the land trespassed upon notifies the poundkeeper that he intends to claim actual damages instead of trespass rates pursuant to section 27 1908 No 79 ss 5, 6 1939 No 39 s 32 Section 26(1)(d) amended 1 July 2003 section 262 Local Government Act 2002 27: Claiming trespass rates instead of damages Where in any of the cases specified in paragraphs (a) to (d) of subsection (1) of section 26 prescribed by regulations made 1908 No 79 ss 5, 6 1939 No 39 s 32 Section 27 amended 1 April 1981 Impounding Amendment Act 1980 28: Occupier whose fence is damaged may recover damages as trespass rate The occupier of any land trespassed upon by stock whose fence has been damaged by the stock may, when the estimated cost of the repair of the fence does not exceed $50 1908 No 79 s 16 Section 28 amended 1 April 1981 Impounding Amendment Act 1980 29: If impounding illegal or excessive trespass rates claimed, owner may pay under protest The owner of impounded stock may give notice in writing to the local authority that he intends to apply to the District Court the District Court section 30 1908 No 79 s 9 Section 29 amended 1 March 2017 section 261 District Court Act 2016 30: Jurisdiction of District Court 1: Every application under section 29 the District Court 2: If the court finds that the stock was not trespassing, or that the impounding was illegal under this Act, or that the trespass rates demanded are in excess of the amount payable under this Act, it may make an order against the defendant for the amount of damages sustained by the owner of the stock in consequence of the illegal impounding or excessive demand, and for the amount of all other authorized fees and charges paid by the owner to the local authority; and that order shall also be an authority to the local authority to pay the trespass rates retained by it in accordance with the order. 3: The court may hear and determine the application notwithstanding any question of title to the property or suggestion of right that may be involved therein. 1908 No 79 s 10 Section 30 heading amended 1 April 1980 section 18(2) District Courts Amendment Act 1979 Section 30(1) amended 1 March 2017 section 261 District Court Act 2016 31: Special remedies for trespass by pigs, goats, or poultry 1: Notwithstanding anything in section 27 prescribed by regulations made under prescribed by regulations made under this Act 2: The occupier of any fenced land sown in grass or under cultivation may destroy any poultry or pigs or goats, other than branded Angora or Saanen or Toggenburg goats, found trespassing upon the land. 3: The occupier so destroying any such animal or bird shall within 24 hours send in writing a description of the animal or bird so destroyed, and of the place where it was destroyed, to the owner thereof if he is known, and, if he is unknown, then to the nearest police station, and if he makes default in so doing he is liable on conviction provided that it shall not be necessary to send any description in the case of any wild animal or wild bird so destroyed. 4: If the carcass of any animal or bird so destroyed is not claimed and removed by its owner within 48 hours after being destroyed, the occupier shall bury or otherwise dispose of the carcass, and if he makes default in so doing he is liable on conviction 1908 No 79 s 14 Section 31(1) amended 1 April 1981 Impounding Amendment Act 1980 Section 31(1) amended 1 April 1981 Impounding Amendment Act 1980 Section 31(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 31(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 6: Provisions for stock found straying or wandering on roads, and for wild stock Temporary pounds 32: Temporary pounds 1: The local authority may from time to time, with the consent of the occupier thereof, declare any fenced paddock or yard adjacent to a road to be a temporary pound for use as a place for impounding stock seized for impounding under the provisions of section 33 2: No stock other than stock seized for impounding under the provisions of section 33 3: The local authority shall appoint a keeper for each temporary pound. 4: The local authority shall cause to be affixed on some conspicuous part of the temporary pound a notice to the effect that it is a temporary pound, and showing the name of the local authority having jurisdiction over that temporary pound, and the name and address of the person appointed by the local authority to act as keeper thereof. 5: The provisions of Parts 3 4 Parts 7 to 10 Stock straying or wandering on roads 33: Stock straying or wandering on roads 1: Where at any time of the day or night any stock is found straying or wandering on any road, or tethered on any road in such a manner as to obstruct or be reasonably likely to obstruct the road, any person may seize the stock, and may either impound it or, where the owner thereof is known to him, return it to the owner; and in any such case the owner of the stock, in the case of entire animals, is liable on conviction $100 for every head thereof and, in the case of other animals, to a fine not exceeding $50 2: Where any stock is found so straying or wandering or tethered between sunset and sunrise, any person may, with the consent of the owner of the yard or paddock, place it in any yard or fenced paddock for the night and shall, as soon as possible after sunrise, either return it to the owner or remove it or cause it to be removed to the nearest accessible pound. 3: Any expenses reasonably 4: For the purposes of this section stock straying or wandering or tethered so near a road as to be reasonably likely to stray on to the road shall be deemed to be straying or wandering or tethered on the road. 1908 No 79 ss 17, 18 Section 33(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 33(1) amended 1 April 1981 Impounding Amendment Act 1980 Section 33(3) amended 1 April 1981 Impounding Amendment Act 1980 34: Section 33 1: Where— a: a local authority is satisfied that any road or any portion of a road within its district is so infrequently used by motor traffic that stock depasturing on or near the road will not constitute an inconvenience or danger to the users thereof; and b: the road or portion thereof is unfenced or only partially fenced on one side only or on both sides,— the local authority may, by resolution publicly notified, declare that the provisions of section 33 2: Where any such declaration is made under this section, the occupier of the land by which the road or portion thereof is bounded shall— a: erect and maintain in some permanent manner and in some conspicuous place at each entrance to the road or, as the case may be, at each end of the portion thereof, a warning notice in a form approved by the local authority to the effect that stock is depasturing on or adjacent to the road; and b: if the local authority so requires, and subject to section 344 and the declaration shall have effect only so long as those notices and the cattle stops and swing gates required by the local authority are so erected and maintained. 3: 1908 No 79 s 17(4) Section 34(2)(b) replaced 1 April 1980 section 8(3) Local Government Amendment Act 1979 Section 34(3) repealed 1 February 1982 section 51(1) Summary Offences Act 1981 35: Stock straying on roads may be impounded in a temporary pound Where any ranger seizes stock for impounding under the provisions of section 33 36: Recovery of stock that escapes while being taken to a pound Where any person has seized any stock for impounding under section 33 37: Stock to be delivered up on payment of expenses before impounding Where stock has been seized by any person for impounding under section 33 subsection (3) of section 33 provided that no such delivery shall exempt any person from any penalty for which he is liable under the said section 33 1908 No 223 s 2 Special provisions as to stock too wild to impound 38: Wild stock trespassing on land 1: Where stock is trespassing on land, and cannot be impounded because of its wildness, the local authority within whose district the land is situated shall, at the request of the occupier of the land, and the tender of the cost and expense of the advertisement, forthwith cause a public notice to be advertised calling on the owner of the stock to remove the same from the land where it is trespassing, and warning him that if it is not removed within 7 days from the date of the advertisement of the notice it will be sold by public auction at the time and place specified in the notice. 2: Where the stock has not been removed within the said 7 days the local authority may cause it to be sold by public auction at the time and place so specified, and every such sale shall be conducted, and the proceeds of the sale shall be applied, in the same manner as provided in this Act in respect of the sale of impounded stock not released from the pound. 1908 No 79 s 21 39: Purchaser of wild stock may pursue and take the same 1: Where stock is sold in accordance with the provisions of subsection (2) of section 38 2: Any such purchaser shall be liable for any damage occasioned to any property of the occupier incurred while recovering or mustering his stock in accordance with subsection (1). 1908 No 79 s 22 40: Occupier may destroy wild stock unsold or not removed by purchaser Where any wild stock has been offered for sale pursuant to subsection (2) of section 38 1908 No 79 s 21 41: Stray stock not to be taken away without notice 1: Except as provided in subsection (3) of section 22 section 36 2: Every person who fails to give that notice, or who enters upon any other person's land for the purpose of driving any such stock, or attempts to drive any such stock without giving that notice, commits an offence against this Act. 3: Nothing in this section shall affect the provisions of any Act relating to the removal of sheep. 1908 No 79 s 23 42: Disposal of wild stock straying on roads 1: Where stock is found straying or wandering on any road, or so near any road as to be reasonably likely to stray on to the road, not being a road in respect of which a declaration under section 34 a: the stock cannot be impounded or otherwise dealt with as provided in section 33 b: the ownership of the stock is not known to the local authority and cannot reasonably be ascertained,— then, on obtaining a written authority signed by any 2 members of the local authority, or, where a Minister of the Crown is the local authority, signed by any person authorised by that Minister to sign such a written authority 2: Where stock is found straying or wandering on any road or so near any road as to be reasonably likely to stray on to the road, and any constable has reasonable cause to believe that— a: by reason of its fierceness the stock is a danger to persons using the road; and b: the danger is so immediate that it is not possible or practicable for the stock to be impounded or to be dealt with under subsection (1),— the constable may forthwith destroy the stock. 3: In this section the term stock 4: Where any stock is destroyed in accordance with subsection (1) or subsection (2), the local authority or any member or servant thereof or the constable, as the case may be, shall not be liable for any damages which may subsequently be claimed by any owner or reputed owner of the stock. 5: The local authority may dispose in such manner as it thinks fit of the carcass of any stock destroyed in accordance with subsection (1) or subsection (2). The proceeds (if any) of the disposal of any such carcass shall form part of the funds of the local authority. Section 42(1) amended 1 July 2003 section 262 Local Government Act 2002 7: Procedure for impounding stock in a pound 43: Poundkeeper to receive stock tendered for impounding The poundkeeper of any public pound shall receive all stock tendered for lodgement therein and shall allow the stock to be impounded at any time of the day or night. 1908 No 79 s 35(1) 44: Provision where pound is of insufficient size Where a pound is too small to hold conveniently the number of stock required to be impounded therein, the poundkeeper may place any such stock in some paddock or convenient place near the pound to be approved by the local authority; and every such paddock or place while so used shall be deemed to be part of the pound. 1908 No 79 s 15 45: Occupier or other person to supply particulars of stock impounded The person by whom or by whose order any stock is delivered to a pound shall specify in writing to the poundkeeper of that pound the description, number, brands or apparent brands and earmarks of the stock, the name of the owner (if known to him), the place where the stock was found, and details of any trespass rates and driving charges claimed. 1908 No 79 s 11 46: Notice to owner of stock impounded 1: As soon as possible after any stock has been impounded in a pound the local authority shall, if the owner is known or the stock is branded or marked with any registered brand or mark, cause to be delivered at or posted to the address of the owner or, as the case may be, the person in whose name the brands or marks are registered, a notice in the prescribed form that the stock has been impounded and unless claimed by the owner will be sold under the provisions of this Act. 2: If the owner of the stock is not known, or cannot be identified from the brands or earmarks on the stock, or if following the delivery or posting of a notice as required in subsection (1) the stock is not claimed within 48 hours, the local authority shall insert a notice in the prescribed form in 1 or more newspapers circulating in the district that the stock has been impounded and unless claimed by the owner will be sold under the provisions of this Act at the time and place specified in the notice, being not less than 7 days after the date of the first publication of the notice in a newspaper. 1908 No 79 ss 36, 37, 38 47: Poundkeeper to detain stock until all charges paid The poundkeeper shall detain in his custody all stock impounded until the fees, rates, and charges payable under this Act and any expenses incurred by the local authority in connection with the proposed sale have been paid: provided that he shall not detain the stock pending payment of any trespass rates or driving charges where he has received an order in writing signed by the person by whose order the stock was impounded for its release without payment of the trespass rates or driving charges. 1908 No 79 s 35(1) 48: Hours for release of stock The poundkeeper shall not be obliged to release stock from the pound on any Sunday, or on any other day except between the hours of 8 am and 5 pm. 1908 No 79 s 35(2) 8: Procedure for disposing of unclaimed, suffering, or worthless impounded stock 49: Stock not claimed to be sold at auction Where stock has not been released from the pound before the time fixed for the sale thereof in the notice referred to in subsection (2) of section 46 1908 No 79 s 38 50: Sales of impounded stock 1: Sales of impounded stock shall be held at the time and place specified in the notice referred to in subsection (2) of section 46 2: At every such sale the poundkeeper or any other person authorized by the local authority shall act as auctioneer, and any such auctioneer is not required to be an auctioneer registered under the Auctioneers Act 2013 3: The local authority or any poundkeeper employed by the local authority or any person conducting the sale on its behalf shall not either in person or through an agent purchase any stock at any such sale, or have any interest of any kind in the stock so purchased. 4: Any sale of impounded stock by public auction notified to be subject to a reserved or upset price shall be subject to a reserved or upset price not exceeding the amount of costs and charges to which the local authority is entitled under this Act. 1908 No 79 s 41 Section 50(2) amended 18 December 2013 section 28(3) Auctioneers Act 2013 Section 50(4) inserted 25 November 1968 Impounding Amendment Act 1968 51: Purchaser of stock not bound to prove regularity of sale A purchaser of stock sold under the provisions of this Act shall not be bound to prove that the sale was regular, or that the terms and conditions required by this Act were complied with, or be affected by any default or irregularity in respect of the sale; and no poundkeeper or other person authorized to conduct the sale shall be liable for any penalties for selling by auction as herein provided. 1908 No 79 s 45 52: Destruction of worthless or suffering animals 1: Notwithstanding section 46 a: any Justice, constable, Inspector of Stock, or registered veterinarian (being a person not interested in the matter) certifies in writing that an impounded animal— i: is so diseased, injured, or sick that it is in a state of continual suffering; or ii: is of insufficient value to defray the poundage and sustenance fees of keeping the animal during the time prescribed by this Act; and b: the local authority having jurisdiction over the pound is unable to find the owner of the animal within a reasonable time after the Justice, constable, Inspector of Stock, or registered veterinarian has given such a certificate,— the local authority may arrange for the destruction of the animal and the disposal of the carcass in such manner as it thinks fit. 2: The local authority may not destroy an impounded animal to which subsection (1)(a)(ii) relates, unless— a: the local authority has given written notice to the owner of its intention to destroy the animal; and b: the owner of the animal has not, within 48 hours after the giving of the notice, paid to that local authority all fees, trespass rates, and charges necessary to secure the release of the animal from the pound. 3: Any proceeds from the sale of a carcass of an animal destroyed under subsection (1) must be dealt with in the same manner as is provided in sections 54 55 65 Section 52 replaced 1 January 2000 section 194 Animal Welfare Act 1999 53: Disposal of unsold stock Where any stock has been offered for sale in accordance with the provisions of this Act, and has not been sold, the local authority may sell or otherwise dispose of the stock as it deems fit, and any proceeds resulting therefrom shall be dealt with in the same manner as is provided in sections 54 55 65 1908 No 79 s 42 54: Application of proceeds of sale of impounded stock The proceeds of the sale of impounded stock sold under this Act shall be applied in payment—firstly, of any costs and charges incidental to the sale; secondly, of all poundage and sustenance fees payable in respect of the stock; thirdly, to the impounder of the stock of rates due to him for the trespass thereof, and the driving charges due to him; and fourthly, to the owner of the stock of any residue. 1908 No 79 s 43 55: Recovery of damages or trespass rates from residue of proceeds 1: Where the residue of the proceeds of any sale of impounded stock under this Act is not claimed by any person entitled thereto and the owner of the impounded stock is not known to the local authority or to the impounder of the stock or cannot be found, the impounder of the stock, if he has not claimed any trespass rates, may at any time within 6 months after the sale apply to the District Court in its civil jurisdiction 2: Notice of the application shall be published by the applicant in some newspaper circulating in the locality not less than 14 clear days before the time appointed for the hearing thereof, and a copy of the application shall be served by the applicant on the local authority. 3: On the hearing of the application the court shall determine the amount of the damage sustained by the applicant in consequence of the trespass, and may make an order that that amount, together with the costs and disbursements, or such smaller amount as may have been paid to 4: Every application to the District Court 1943 No 20 s 16 Section 55(1) amended 1 March 2017 section 261 District Court Act 2016 Section 55(3) amended 1 July 2003 section 262 Local Government Act 2002 Section 55(4) amended 1 March 2017 section 261 District Court Act 2016 56: Deficiency of fees, charges, and trespass rates recoverable from owner If the proceeds of the sale of any stock sold under this Act are insufficient to satisfy the fees and charges of the local authority relating thereto and the trespass rates and driving charges payable to any other person, the deficiency shall be recoverable by the local authority or by that other person, as the case may be, by action from the owner of the stock, and if the stock has been destroyed under the provisions of section 52 1908 No 79 s 46 9: Offences and penalties 57: Offences by poundkeepers 1: Every poundkeeper is liable on conviction $500 a: illegally impounds or assists or incites any person illegally to impound any stock; or b: purchases, in person or by his agent, unclaimed impounded stock caused to be sold by the local authority by which he is employed; or c: demands or receives any fees, charges, rates, or other sums of money knowing the same not to be authorized by or under this Act. 2: Every poundkeeper is liable on conviction $100 a: loses any stock impounded b: omits or neglects to make entries in the Pound Book as required by this Act or wilfully makes any incorrect or untrue entry in that book; or c: fails to comply with or commits any offence against the provisions of this Act in respect of which no fine is specifically provided herein. 1908 No 79 s 47 Section 57(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 57(1) amended 1 April 1981 Impounding Amendment Act 1980 Section 57(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 57(2) amended 1 April 1981 Impounding Amendment Act 1980 Section 57(2)(a) amended 23 October 1963 Impounding Amendment Act 1963 58: Offences by other persons 1: Every person other than a poundkeeper is liable on conviction $500 a: rescues or attempts to rescue or interferes with stock impounded or seized for the purpose of being impounded; or b: destroys or injures or attempts to destroy or injure any pound, or any lock or bolt belonging thereto, whether any stock is impounded therein or not; or c: illegally impounds any stock; or d: illegally removes stock from any one place to any other place for the purpose of impounding the stock from the last-mentioned place; or e: purchases, in person or by his agent, unclaimed impounded stock at a sale conducted by him on behalf of the local authority. 2: Every such person is liable on conviction $100 a: refuses to disclose or states untruly the name and address of the owner of any stock of which he is in charge or assisting in driving, or the name of the agent or overseer of the owner, on demand by any constable or ranger or by or on behalf of any person upon whose land the stock is trespassing; or b: illegally drives stock from any land not in his occupation on to the land of any other person or on to any road; or c: wilfully leaves open any gate or slip panel, or makes a gap in any fence, for the purpose of permitting or causing any stock to trespass or to stray or wander on to any road or otherwise wilfully causes any stock to trespass or to stray or wander on to any road; or d: fails to comply with or commits any offence against the provisions of this Act in respect of which no penalty is herein specifically provided. 1908 No 79 s 48 Section 58(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 58(1) amended 1 April 1981 Impounding Amendment Act 1980 Section 58(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 58(2) amended 1 April 1981 Impounding Amendment Act 1980 59: Burden of proof in certain cases on poundkeeper 1: 2: Where a poundkeeper is charged with losing any impounded stock through wilful and culpable negligence, and it is proved that any stock impounded was in the custody of the poundkeeper, the stock shall be deemed to have been so lost unless the poundkeeper proves the contrary. 1908 No 79 s 49 Section 59(1) repealed 23 October 1963 Impounding Amendment Act 1963 60: Person using stock without consent of owner Every poundkeeper and every other person who, without the authority or consent of the owner thereof, works or uses any horse, mare, gelding, ass, mule, bull, bullock, steer, or heifer while it is impounded is liable on conviction 1908 No 79 s 50 Section 60 amended 1 July 2013 section 413 Criminal Procedure Act 2011 61: Offences punishable on summary conviction Section 61 repealed 1 July 2013 section 413 Criminal Procedure Act 2011 62: Application of fines Section 62 repealed 2 October 1958 Public Revenues Amendment Act 1958 10: Miscellaneous 63: Delegation of local authority's powers 1: A local authority may from time to time delegate any of its powers under this Act (not being powers conferred by section 14(1) 2: Subject to any general or special directions given or conditions attached by the local authority, the person to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation. 3: Every person purporting to act pursuant to a delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation. 4: Any delegation under this section may be made to a specified person or persons or to the holder or holders for the time being of a specified office or offices. 5: Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the local authority making the delegation. Section 63(1) replaced 1 July 2003 section 262 Local Government Act 2002 64: Service of notices Any notice required or authorized to be given to any person under this Act may be served by delivering it personally to that person, or by leaving it addressed to him at his usual or last known address, or by sending it by post in a letter addressed to that person at his usual or last known address, and in the last-mentioned case it shall be deemed to have been received when in the ordinary course of post it would be delivered. 65: Unclaimed trespass rates, charges, and residue of sale If within 1 year after any sale of impounded stock, or, where the owner of any stock has obtained the release of the stock on payment of fees and any trespass rates or charges, within 1 year after that payment, any person entitled to any trespass rates or driving charges or the residue of the proceeds of the sale has not claimed payment thereof, the same shall be paid to 1908 No 79 s 44 Section 65 amended 1 July 2003 section 262 Local Government Act 2002 66: Cost of administration of Act Section 66 repealed 1 July 2003 section 262 Local Government Act 2002 67: Regulations 1: The Governor-General may from time to time, by Order in Council, make all such regulations as may in his opinion be necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof. 2: Regulations under this section are secondary legislation ( see Part 3 2: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 67(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 67(2) repealed 19 December 1989 section 11 Regulations (Disallowance) Act 1989 68: Repeals, savings, and consequential amendments 1: The enactments specified in Schedule 4 2: Without limiting the provisions of the Acts Interpretation Act 1924 3: Section 68(3) repealed 1 February 1982 section 248(1) Public Works Act 1981

DLM425352

1998

Ngāi Tahu (Tūtaepatu Lagoon Vesting) Act 1998

1: Short Title and commencement 1: This Act may be cited as the Ngāi Tahu (Tūtaepatu Lagoon Vesting) Act 1998. 2: This Act comes into force on 1 June 1998. Preliminary 2: Interpretation In this Act, unless the context otherwise requires,— Council Local Government Act 1974 Deed of “On Account” Settlement Minister new reserve Schedule 2 Te Rūnanga o Ngāi Tahu section 6 trust section 10 Tūtaepatu Lagoon Schedule 1 3: Act to bind the Crown This Act binds the Crown. Tūtaepatu Lagoon 4: Reservation of Tūtaepatu Lagoon as reserve revoked 1: The reservation of the Tūtaepatu Lagoon as a reserve under the Reserves Act 1977 2: The Reserves Act 1977 5: Declaration of Tūtaepatu Lagoon as wildlife refuge revoked 1: Those parts of Schedules 2 3 New Zealand Gazette Amending Declaration of Land, North Canterbury Acclimatisation District, as a Wildlife Refuge 2: The provisions of the Wildlife Act 1953 6: Vesting of Tūtaepatu Lagoon in Te Rūnanga o Ngāi Tahu 1: The Tūtaepatu Lagoon is vested, by way of gift, in Te Rūnanga o Ngāi Tahu for an estate in fee simple free of any encumbrances existing immediately before the commencement of this Act. 2: For the avoidance of doubt, the vesting of the Tūtaepatu Lagoon in Te Rūnanga o Ngāi Tahu by subsection (1) is not a disposition of land by the Crown for the purposes of Part 4A 7: Management of Tūtaepatu Lagoon 1: As recorded in clause 4.6 of the Deed of On Account Appendix 3 2: The objectives are included in Schedule 3 3: Subsection (1) and the inclusion of the objectives in Schedule 3 On Account 8: Tūtaepatu Lagoon subject to walkway 1: Te Rūnanga o Ngāi Tahu must grant to the Crown a walkway over the south-eastern corner of the Tūtaepatu Lagoon. 2: The New Zealand Walkways Act 1990 sections 5 6 7 8(1), 8(2), 8(8)(b) 11 18 20 30 31 32 3: For the purposes of the New Zealand Walkways Act 1990 4: For the purposes of subsection (2), section 8(3) For the purposes of subsection (1) of this Act For the purposes of section 8 of the Ngāi Tahu (Tūtaepatu Lagoon Vesting) Act 1998 9: Issue of certificate of title for Tūtaepatu Lagoon The District Land Registrar of the Canterbury Land Registration District must (after completion of such survey, if any, as may be necessary) issue a certificate of title under the Land Transfer Act 1952 Establishment of trust 10: Establishment of trust 1: The Council and Te Rūnanga o Ngāi Tahu must, not later than 3 months after the commencement of this Act, establish by deed a trust— a: the name of which is Te Kohaka o Tuhaitara Trust; and b: the object of which is the management and administration of the new reserve. 2: The deed establishing the trust must authorise the trustees of the trust to— a: hold, manage, and administer the new reserve; and b: expend money on the new reserve, the Tūtaepatu Lagoon, and the preparation and administration of the management plan for the new reserve. 3: As soon as the trust is established, the Council and Te Rūnanga o Ngāi Tahu must give to the Minister— a: notice of the establishment of the trust; and b: a certified copy of the deed establishing the trust. New reserve 11: Declaration of recreation reserve 1: The Council and Te Rūnanga o Ngāi Tahu must, not later than 3 months after the commencement of this Act,— a: agree on the boundaries of the new reserve; and b: notify the Minister of the boundaries as agreed. 2: The Minister must, not later than 6 months after the commencement of this Act, do the things specified in subsection (3) if the Minister— a: has been notified of the establishment of the trust under section 10(3) b: is satisfied that the deed establishing the trust complies with section 10(2); and c: has been notified of the boundaries of the new reserve under subsection (1). 3: Those things are— a: declare, by notice in the Gazette Reserves Act 1977 b: appoint the trustees of the trust to be the administering body of the new reserve; and c: vest the new reserve in the trustees of the trust to hold and administer as a recreation reserve, and, subject to sections 12 13 section 17 4: The things done under subsection (3) have effect as if they had been done under the Reserves Act 1977 12: Management plan 1: The management plan prepared for the new reserve pursuant to section 41 a: must include the Tūtaepatu Lagoon; and b: may include such other land as the Council and Te Rūnanga o Ngāi Tahu agree on from time to time. 2: The Minister must consult with and have particular regard to the views of Te Rūnanga o Ngāi Tahu before approving that part of the management plan that relates to the Tūtaepatu Lagoon. 13: Application of Reserves Act 1977 Except as provided in this Act, the Reserves Act 1977 Miscellaneous 14: Extension of time limits 1: The time within which anything must be done under section 10 section 11 2: The power in subsection (1) may be exercised more than once in respect of the same time limit. 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 14(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 15: Amendment to Conservation Act 1987 Amendment(s) incorporated in the Act(s).

DLM426893

1998

Crown Pastoral Land Act 1998

1: Short Title This Act may be cited as the Crown Pastoral Land Act 1998. 1A: Purpose The purpose of this Act is to provide for the administration of pastoral land in a way that seeks to achieve the following outcomes: a: maintaining or enhancing inherent values across the Crown pastoral estate for present and future generations, while providing for ongoing pastoral farming of pastoral land: b: supporting the Crown in its relationships with Māori under te Tiriti o Waitangi/the Treaty of Waitangi: c: enabling the Crown to get a fair return on its ownership interest in pastoral land. Section 1A inserted 17 November 2022 section 5 Crown Pastoral Land Reform Act 2022 2: Interpretation Unless the context requires otherwise, in this Act,— approved plan section 90 base carrying capacity Part 1A Part 1A chief executive commencement a: means the day on which it was granted, if the land was not held under some other reviewable instrument on that day: b: means the day on which the other reviewable instrument was determined, if the land was held under some other reviewable instrument on the day on which it was granted Commissioner section 24AA concession a: concession granted directly under Part 3B b: concession granted under Part 3B section 59A c: lease under section 73 Part 3B concession designation a: designating any land as land to be restored to or retained in Crown control as conservation area or reserve, subject to the granting of a concession; or b: designating any conservation area or reserve as land to remain conservation area or reserve subject to the granting of a concession conservation area section 2(1) Crown assessor section 23C Crown land section 2 Crown ownership cultivation current carrying capacity Part 1A Part 1A department discretionary pastoral activity section 10 ecosystem effect a: includes the following effects, regardless of the scale, intensity, duration, or frequency of the effect: i: any positive or adverse effect: ii: any temporary or permanent effect: iii: any past, present, or future effect: iv: any cumulative effect which arises over time or in combination with other effects; and b: includes any potential effect of high probability; and c: includes any potential effect of low probability which has a high potential impact expert determiner section 23F(1)(a)(i) grazing permit section 68A historic place a: means— i: any land (including an archaeological site); or ii: any building or structure (including part of a building or structure); or iii: any combination of land and a building or structure,— that forms part of the historical and cultural heritage of New Zealand; and b: includes anything that is in or fixed to any such land holder holder's improvement a: subject to paragraph (b), means improvement on the land effected, erected, made, or paid for by the holder or any predecessor of the holder; but b: does not include improvement effected by doing (before or after the commencement of this Act) any thing specified in section 16(1) improvement a: means substantial improvement of a permanent character; and b: includes bridging; clearing of broom, bush, gorse, scrub, or sweetbriar; constructing border dykes, head races, irrigation works, sheep dips, water races, water supplies, or water tanks; cultivation; draining; erecting any building; fencing (including rabbit-proof fencing); improving in any way the character or fertility of the soil; installing any electric lighting, electric power plant, or telephone; laying out and cultivating gardens; making embankments or protective works of any kind; planting with trees or live hedges; reclamation from swamps; roading; and sinking wells or bores inherent value a: means a value that arises from an ecological, a landscape, a cultural, a heritage, or a scientific attribute or characteristic of a natural resource that— i: is in or forms part of the land or exists by virtue of the natural character of the land; or ii: relates to a historic place on or forming part of the land; but b: does not include a pastoral farming activity land the land lessee's assessor section 23F(1)(b) marginal strip section 24 section 24E(3) section 24G section 24C Minister natural resources a: plants and animals of all kinds; and b: the air, water, and soil in or on which any plant or animal lives or may live; and c: landscape and landform; and d: geological features; and e: ecosystems;— and natural resource neighbouring occupation licence section 66AA section 14(7) pastoral land section 51 pastoral lease section 66 permitted pastoral activity section 10 prohibited pastoral activity proposed activity proposed facility protective mechanism a: easement under section 12 section 7(2) sections 26 to 29 b: covenant under section 22 section 77 section 27 section 39 c: sustainable management covenant renewable lease a: section 63 b: the corresponding provisions of any Act repealed by that Act; or c: the corresponding provisions of any Act relating to the disposal of Crown land repealed before 1 April 1949 rent review date a: the day immediately after the first period of 11 years from the commencement date of the pastoral lease: b: the day immediately after the second period of 11 years from the commencement date of the pastoral lease: c: the day immediately before the expiry of the pastoral lease if the pastoral lease is to be renewed reserve section 2(1) reviewable instrument reviewable land a: is held under a reviewable instrument; or b: is pastoral land not for the time being held under a reviewable instrument reviewable lease section 66(1) section 67 a: a lease over land all of which has been vested in a State enterprise under the State-Owned Enterprises Act 1986 b: a lease under section 67 significant inherent value Reserves Act 1977 Conservation Act 1987 sowing sow special lease section 67(2) specified specified person stock limitation a: restriction under section 66(2) b: restriction under section 66(3) stock unit Part 1A section 23O(1)(a)(iii) Surveyor-General section 4 sustainable management covenant section 97(1) te Tiriti o Waitangi/the Treaty of Waitangi section 2 undertake unrenewable occupation licence a: an occupation licence granted under section 66AA section 14(4) b: an occupation licence granted under section 66AA section 14(5) c: an occupation licence granted under section 14(7) unused Crown land Valuer-General section 2 working day a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and c: a day in the period commencing on 25 December in any year and ending with 15 January in the following year. Section 2 approved plan amended 18 May 2022 section 18 Crown Pastoral Land Reform Act 2022 Section 2 base carrying capacity inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 chief executive inserted 17 November 2022 section 6(1) Crown Pastoral Land Reform Act 2022 Section 2 Chief Surveyor repealed 17 November 2022 section 6(3) Crown Pastoral Land Reform Act 2022 Section 2 Commissioner inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 Crown assessor inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 current carrying capacity inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 department inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 discretionary pastoral activity inserted 17 November 2022 section 6(1) Crown Pastoral Land Reform Act 2022 Section 2 effect inserted 17 November 2022 section 6(1) Crown Pastoral Land Reform Act 2022 Section 2 expert determiner inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 inherent value replaced 17 November 2022 section 6(2) Crown Pastoral Land Reform Act 2022 Section 2 land inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 lessee's assessor inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 Minister inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 pastoral lease inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 permitted pastoral activity inserted 17 November 2022 section 6(1) Crown Pastoral Land Reform Act 2022 Section 2 prohibited pastoral activity inserted 17 November 2022 section 6(1) Crown Pastoral Land Reform Act 2022 Section 2 protective mechanism amended 30 September 2008 section 82 Walking Access Act 2008 Section 2 protective mechanism amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 2 rent review date inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 rental value repealed 6 July 2012 section 4(2) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 stock unit inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 Surveyor-General inserted 17 November 2022 section 6(1) Crown Pastoral Land Reform Act 2022 Section 2 te Tiriti o Waitangi/the Treaty of Waitangi inserted 17 November 2022 section 6(1) Crown Pastoral Land Reform Act 2022 Section 2 Valuer-General inserted 6 July 2012 section 4(1) Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 2 working day replaced 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2 working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 2A: Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 17 November 2022 section 7 Crown Pastoral Land Reform Act 2022 3: Act binds the Crown This Act binds the Crown. 1: Pastoral leases and occupation licences Part 1 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 1: Outcomes, activities on pastoral land, and decision-making process Subpart 1 heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Outcomes Heading replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 4: Outcomes for decision makers 1: All persons performing or exercising the Crown’s functions, duties, or powers in relation to pastoral land under this Act or the Land Act 1948 a: maintaining or enhancing inherent values across the Crown pastoral estate for present and future generations, while providing for ongoing pastoral farming of pastoral land; and b: supporting the Crown in its relationships with Māori under te Tiriti o Waitangi/the Treaty of Waitangi; and c: enabling the Crown to get a fair return on its ownership interest in pastoral land. 2: Subsection (1)(c) applies only to functions, duties, or powers that relate to rents, easements, or commercial recreation permits in respect of pastoral land. Section 4 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 5: Māori interests 1: In order to recognise and respect the Crown’s responsibility to give effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi, the Crown— a: must recognise and provide for the relationship of Māori and their culture and traditions with their ancestral lands, water, mahinga kai, wāhi tapu, and other taonga in any case where— i: consent for a discretionary pastoral activity is sought; or ii: a commercial recreation permit over pastoral land is sought; or iii: an easement over pastoral land is sought; or iv: a stock limitation exemption or a variation or revocation of a stock limitation exemption is sought (except a grant, variation, or revocation made under section 15(4) v: a protective mechanism is being considered; and b: must consult the relevant iwi listed in subsection (2) in accordance with sections 22A 22C 100O 100P 100R 100S 2: The relevant iwi a: Ngāi Tahu Whānui as represented by Te Runanga o Ngai Tahu in accordance with Te Runanga o Ngai Tahu Act 1996 b: Ngāti Apa ki te Rā Tō: c: Ngāti Kōata: d: Ngāti Kuia: e: Ngāti Rārua: f: Ngāti Tama ki Te Tau Ihu: g: Ngāti Toa Rangātira: h: Rangitāne o Wairau: i: Te Ātiawa o Te Waka-a-Māui. Section 5 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Classification of activities on pastoral land Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 6: Classification of pastoral activities on pastoral land 1: Pastoral activities described in section 7 8 section 100 Schedule 1AB 2: A lessee or licensee of pastoral land must obtain the Commissioner’s consent to undertake a pastoral activity if required by section 7 8 3: The following classifications apply to pastoral activities on pastoral land: a: permitted pastoral activities that may be undertaken on pastoral land with any necessary permission under any other enactment ( see section 20 Part 1 b: discretionary pastoral activities that may be undertaken on pastoral land only with the consent of the Commissioner under section 10 see section 20 Part 2 c: prohibited activities that must not be undertaken on pastoral land and may not be applied for or consented to ( see Part 3 4: Any question arising as to the class within which any pastoral activity falls must be decided by the Commissioner, whose decision is final, and sections 17 18 5: Schedule 1AB see section 100O Section 6 inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 6: Special provisions relating to calculation of rent payable for first 11 years of first renewal of pastoral lease granted before 30 November 1979 Section 6 repealed 6 July 2012 section 5 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Provision relating to burning Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 7: Burning of vegetation 1: This section applies to any pastoral activity that involves burning any vegetation on the land (whether felled or not). 2: A lessee or licensee of pastoral land— a: may undertake the pastoral activity, or cause it to be undertaken, if the activity is classified as a permitted pastoral activity in Part 1 b: must not undertake the pastoral activity, or cause it to be undertaken, without the Commissioner’s consent under section 10 Part 2 c: must not undertake the pastoral activity, or cause it to be undertaken, if the activity is classified as a prohibited pastoral activity in Part 3 3: In this section, vegetation Section 7 inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 7: Special provisions relating to calculation of rent payable for first 11 years of pastoral lease granted after 29 November 1979 Section 7 repealed 6 July 2012 section 5 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Provisions relating to disturbance of soil Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 8: Activities affecting or disturbing soil 1: This section applies to any pastoral activity that affects or disturbs the soil of pastoral land. 2: A lessee or licensee of pastoral land— a: may undertake the pastoral activity, or cause it to be undertaken, if the activity is classified as a permitted pastoral activity in Part 1 b: must not undertake the pastoral activity, or cause it to be undertaken, without the Commissioner’s consent under section 10 Part 2 c: must not undertake the pastoral activity, or cause it to be undertaken, if the activity is classified as a prohibited pastoral activity in Part 3 3: Any ongoing maintenance authorised by a consent under section 10 4: A consent under section 10 a: ongoing maintenance of the works formed by the activity: b: ongoing programme to maintain the pasture created or enhanced by the activity. 5: Anything done under the consent is subject to every condition, direction, and restriction that forms part of the Commissioner’s consent. 6: For the purposes of this section (but not subsection (1)), every consent given under section 106 108 section 10 7: This section does not forbid or prevent the doing of anything authorised— a: by or under the Public Works Act 1981 Crown Minerals Act 1991 b: under the Mining Act 1971 8: Nothing in this section limits or affects the application or effect of section 100 Section 8 inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 8: Calculation of rent payable under pastoral leases after first 11 years Section 8 repealed 6 July 2012 section 5 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Process for applications to undertake activities on pastoral land Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 9: Application process 1: An applicant who applies for consent to undertake a discretionary pastoral activity or for the grant of a commercial recreation permit under section 66A sections 10 to 12 Schedule 1ABA 2: The Commissioner may decline to accept an application if the Commissioner thinks that the information provided with the application is insufficient or, alternatively, may obtain further information that the Commissioner thinks necessary to assess the application under sections 10 to 12 Schedule 1ABA 3: When assessing an application, the Commissioner may obtain any advice the Commissioner thinks necessary in order to make a decision under section 10 Section 9 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Process for Commissioner’s decision Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 10: Commissioner’s decision 1: This section applies if the Commissioner accepts an application under section 9 2: The Commissioner must, in accordance with this section and (as applicable) sections 11 12 Schedule 1ABA a: either— i: decline to grant the application; or ii: grant the application wholly or in part, with or without any conditions, limitations, directions, or restrictions that the Commissioner thinks necessary, including for the purpose of reducing the adverse effects on inherent values; and b: if they grant the application, specify the period within which the activity must be carried out. 3: Before making a decision, the Commissioner must consult the Director-General of Conservation. 4: In deciding whether to grant an application, the Commissioner— a: must be satisfied that— i: the inherent values likely to be affected by the proposed activity and the importance of those values have been identified; and ii: the level of adverse effects of the proposed activity on those inherent values (with regard to the importance of those values) has been identified, including whether the effects could be avoided, remedied, or mitigated; and iii: any reasonable alternative to the proposed activity that has lesser adverse effects on inherent values has been considered; and b: must not consider offsetting, including as a way of counterbalancing adverse effects on inherent values, when determining the level of adverse effects on inherent values; and c: may consider relevant Government policy decided by Cabinet, in particular policy that relates to national directions (such as national policy statements and national environmental standards); and d: may consider any plan for the management of part or all of the land subject to the reviewable lease or licence; and e: may consider cross-boundary effects of the activity on neighbouring persons or on any neighbouring land (whether or not the land is subject to a pastoral lease or any other form of tenure); and f: may consider New Zealand’s commitment to reducing greenhouse gas emissions, where this is consistent with the outcomes stated in this Act; and g: may consider any other matter the Commissioner considers relevant to determine the application. 5: Nothing in this section requires the Commissioner to consent to a proposed discretionary pastoral activity in any case. 6: In this section and sections 11 12 15 grant a: in relation to an application for a discretionary pastoral activity, means to consent to the activity: b: in relation to an application for a commercial recreation permit, means to grant the permit: c: in relation to an application for an exemption from a stock limitation or the variation or revocation of an exemption, means to grant, vary, or revoke the exemption ( see section 15 Section 10 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 11: Decision-making criteria: consent for discretionary pastoral activity 1: The Commissioner decides whether to grant an application as follows: a: they may decline the application if satisfied that there is a reasonable alternative to the proposed activity that has lesser adverse effects on inherent values: b: they may grant the application if they decide that the proposed activity has no more than minor adverse effects on inherent values after actions have been taken to avoid, remedy, or mitigate the effects: c: they must decline the application if they— i: decide that the proposed activity has more than minor adverse effects on inherent values after actions have been taken to avoid, remedy, or mitigate the effects; and ii: are not satisfied under subsections (2) and (3) that the application should be granted: d: they may grant the application if they— i: decide that the proposed activity has more than minor adverse effects on inherent values after actions have been taken to avoid, remedy, or mitigate the effects; and ii: are satisfied under subsections (2) and (3) that the application should be granted. 2: Before granting an application for a proposed activity that has more than minor adverse effects on inherent values, the Commissioner must be satisfied that the activity is necessary to enable the lessee or licensee to exercise their rights and obligations under their lease or licence, taking into account 1 or more of the criteria set out in Schedule 1ABA 3: For the purpose of deciding whether the activity is necessary to enable the lessee or licensee to exercise their rights and obligations under their lease or licence, the Commissioner may consider any economic benefits associated with undertaking that activity only to the extent that those benefits relate to the ongoing financial viability of the pastoral farming enterprise. Section 11 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Occupation licences Heading repealed 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 12: Decision-making criteria: grant of commercial recreation permit 1: The Commissioner decides whether to grant an application for a commercial recreation permit as follows: a: they may decline the application if satisfied that there is a reasonable alternative to the proposed activity that has lesser adverse effects on inherent values: b: they may grant the application if they decide that the proposed activity has no more than minor adverse effects on inherent values after actions have been taken to avoid, remedy, or mitigate the effects: c: they must decline the application if they— i: decide that the proposed activity has more than minor adverse effects on inherent values after actions have been taken to avoid, remedy, or mitigate the effects; and ii: are not satisfied under subsection (2) that the application should be granted: d: they may grant the application if they— i: decide that the proposed activity has more than minor adverse effects on inherent values after actions have been taken to avoid, remedy, or mitigate the effects; and ii: are satisfied under subsection (2) that the application should be granted. 2: Before granting an application under subsection (1)(d), the Commissioner must be satisfied that the proposed activity— a: is an existing activity that— i: previously has been allowed to be undertaken on the pastoral land under a commercial recreation permit or other consent, right, or licence granted by the Commissioner; and ii: uses existing infrastructure or buildings previously consented to by the Commissioner; or b: will use existing infrastructure or buildings previously consented to by the Commissioner, even though the proposed activity is different from the activity for which that previous consent was granted; or c: is necessary in order to enable the continued use of existing infrastructure or buildings previously consented to by the Commissioner. Section 12 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 2: Tenure and related provisions Subpart 2 heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Pastoral leases Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 13: Tenure A pastoral lease gives the holder— a: the exclusive right of pasturage over the land: b: a perpetual right of renewal for terms of 33 years: c: no right to the soil: d: no right to acquire the fee simple of any of the land. Section 13 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 14: Term The term of a pastoral lease expires on the expiration of 33 years from 1 January or 1 July (whichever is the sooner) next following its commencement. Section 14 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Pastoral land generally Heading repealed 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 15: Stock limitations 1: The repeal of section 66 a: the validity or effect of any stock limitation: b: the validity or effect of any power of the Commissioner contained in any pastoral lease to grant an exemption from a stock limitation: c: the validity or effect of any such exemption: d: the Commissioner's power to vary or revoke such an exemption. 2: An exemption from a stock limitation— a: is (and was) personal to the person who was the holder of the lease concerned at the time the exemption was granted; and b: if not earlier revoked, expires (or expired) when that person ceases (or ceased) to be the holder of the lease. 3: Sections 9 to 11 4: The Commissioner may, at the time that or as soon as practicable after a lease is transferred under section 89 a: whether the lessee is capable of managing the number of stock that the previous lessee had on the lease; and b: whether the land in its current state is capable of sustaining the number and types of stock in the previous exemption; and c: other relevant matters. 5: Subsection (2) is for the avoidance of doubt. 6: Subsections (1) to (4) do not limit or affect the validity or effect of any condition subject to which a stock limitation, or an exemption from a stock limitation, may have been granted. Section 15 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 16: Renewal of lease after expiry 1: Subsection (2) applies if, by the time a pastoral lease expired,— a: the Commissioner and the holder had agreed that, subject to the fixing of the amount of the rent to be paid under it, it would be renewed; but b: that amount had not yet been fixed. 2: The Commissioner may grant a renewal of the lease to the same extent, and in the same manner, as if it had not expired, but the renewal takes effect from its expiry. Section 16 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 17: Belated exchange of pastoral leases for reviewable leases 1: Subsection (2) applies if,— a: before the commencement of this Act, any land comprised in a pastoral lease was vested in a State enterprise under the State-Owned Enterprises Act 1986 b: before the land was vested,— i: all the land comprised in that lease had been reclassified as farm land; and ii: the former Land Settlement Board, the Department of Lands, or the Commissioner had agreed to issue a reviewable lease to the holder under section 126A iii: no reviewable lease had in fact been issued; and c: since the land was vested, the holder has (or successive holders have) been paying rent as if the land were held on reviewable lease. 2: The Commissioner may, under the Land Act 1948 section 126A 3: If a reviewable lease is granted under subsection (2),— a: it is deemed to have been granted under section 126A b: the Land Act 1948 c: every transfer of or other dealing with or activity that affects the pastoral lease in exchange for which it has been granted, and that occurs after the agreement to grant a reviewable lease in exchange for it, is deemed to have had effect as a transfer of or other dealing with or activity that affects it. 4: The granting of a reviewable lease under subsection (2) is a disposition for the purposes of section 24 Section 17 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Occupation licences Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 18: Tenure An occupation licence gives the holder the exclusive right of pasturage over the land, but— a: no right of renewal: b: no right to the soil: c: no right to acquire the fee simple of the land. Section 18 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 19: Term and expiry 1: The full term of an occupation licence granted under section 66AA a: the term specified in it; and b: the period commencing on its commencement and ending on the next 1 January or 1 July (whichever is the sooner). 2: Unless earlier forfeited or surrendered, an occupation licence expires on the expiration of its full term. Section 19 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Permission under other enactments Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 20: Permission under other enactments still needed 1: This section applies if— a: any other enactment provides that a person must obtain permission under that enactment before undertaking an activity that is contrary to that enactment; and b: the activity concerned is a permitted pastoral activity or discretionary pastoral activity, or is authorised by a stock limitation exemption, under this Act. 2: Nothing in this section prevents the Commissioner from consenting to a discretionary pastoral activity applied for under section 9 3: However, the authority conferred by this Act to undertake a permitted pastoral activity or discretionary pastoral activity, or an activity authorised by a stock limitation exemption, does not in itself allow the person to undertake the activity without the required permission under the other enactment. 4: In subsection (1), permission Section 20 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Provisions relating to boundaries and stock movement Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 21: Boundary disputes Every dispute between the holders of adjacent pastoral land as to the boundary between them must be determined by the Commissioner or a person appointed by the Commissioner for the purpose. Section 21 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 22: Boundary adjustments For the purpose of securing more suitable boundaries of pastoral land held under lease or licence, the Commissioner may, as from a specified day, exclude part of it from the lease or licence and include it in some other lease or licence; and in that case the Commissioner may make any adjustments in rents payable that the Commissioner thinks just and equitable. Section 22 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 3: Monitoring, strategic intentions, and reporting Subpart 3 heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Monitoring Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 22A: Chief executive to prepare monitoring framework 1: The chief executive must— a: prepare, regularly update, and make available to the public a framework (the monitoring framework section 52(1)(d) b: regularly report on performance against the monitoring framework in relation to the purpose of this Act and those stewardship responsibilities. 2: In developing the monitoring framework, the chief executive must— a: consult relevant iwi and representatives of lessees and licensees of pastoral land; and b: publish the draft monitoring framework on the department’s Internet site and invite the public to give or send their written submissions on the draft document before it is finalised. 3: The first monitoring framework must be prepared and made available to the public not later than 18 months after this section comes into force. Section 22A inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 22B: Commissioner to monitor compliance by holders of reviewable leases or licences The Commissioner must monitor the compliance by— a: holders of reviewable leases or licences of their obligations under their leases or licences, stock limitation exemptions under section 15 section 10 b: any person granted an easement (under section 60(1) section 66A Section 22B inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Crown’s pastoral land strategic intentions document and reporting requirements Heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 22C: Strategic intentions document 1: The chief executive and the Commissioner must prepare a document setting out the Crown’s pastoral land strategic intentions (the strategic intentions document 2: The strategic intentions document must set out— a: how the chief executive and the Commissioner propose to perform or exercise their relevant statutory functions, duties, and powers in relation to pastoral land; and b: how Government policies and priorities will be reflected in the management of pastoral land (to the extent they are consistent with relevant legislation); and c: relevant key performance indicators to demonstrate how the performance or exercise of the functions, duties, and powers is contributing to achieving the outcomes stated in section 4 3: The strategic intentions document must be updated at least once every 5 years, or sooner at the request of the Minister. 4: In developing the strategic intentions document, the chief executive or the Commissioner must— a: consult relevant iwi and representatives of lessees and licensees of pastoral land; and b: publish the draft strategic intentions document on the department’s Internet site and invite the public to give or send their written submissions on the draft document before it is finalised. 5: The chief executive and the Commissioner must report annually to the Minister on progress against the strategic intentions document and the chief executive must include that report into the department’s annual report. 6: The first strategic intentions document must be prepared and made available to the public not later than 18 months after this section comes into force. Section 22C inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 22D: Commissioner must report summary of certain decisions 1: The Commissioner must publish on the department’s Internet site, as soon as practicable after it is made, a detailed summary of— a: every decision of the Commissioner under this Act or the Land Act 1948 section 17 b: every decision of the Commissioner that determines an application for a rehearing under section 17 2: The summary should set out details of— a: what the decision relates to; and b: what the decision enables or does not enable (including any conditions imposed by the decision); and c: the reasons for the decision. 3: The Commissioner must, as soon as practicable, publish on the department’s Internet site a summary of enforcement decisions that sets out the nature of the non-compliance and the reasons for taking enforcement action. 4: The Commissioner may defer or dispense with publication of a matter under this section (in whole or in part) if satisfied on reasonable grounds that good reason for withholding the publication would exist under the Official Information Act 1982 5: For the purposes of subsection (3), an enforcement decision a: section 100A b: section 100B c: section 100I d: section 100N Section 22D inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 4: Application of Land Act 1948 Subpart 4 heading inserted 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 Application of Land Act 1948 Heading repealed 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 23: Application of Land Act 1948 to this Part Except as provided in this Part Land Act 1948 Section 23 replaced 17 November 2022 section 8 Crown Pastoral Land Reform Act 2022 1A: Setting rents for pastoral leases Part 1A inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 23A: Purpose of this Part 1: The purpose of this Part is to establish a framework for specifying an efficient, predictable, and objective process to set rents for pastoral leases based on— a: the productive capacity of the land when used for pastoral farming; and b: the earnings available from that productive capacity. 2: To help to achieve the purpose of this Part, the framework set out in this Part— a: includes a formula with the following elements: i: the base carrying capacity of a pastoral lease as an easily calculated proxy for the stock the land would carry in an unimproved state; and ii: the current carrying capacity of a pastoral lease as an approximate measure of the stock the land would carry when developed and farmed efficiently, which allows the element in subparagraph (iii) to be calculated; and iii: a factor to incorporate 0.15 of the difference between the current carrying capacity and the base carrying capacity into the formula; and iv: a dollar-per-stock-unit rate that incorporates a proportion of net earnings per stock unit into the formula; and b: fixes the values of some elements of the formula and prescribes or constrains inquiry into the values for other elements of the formula, namely,— i: the dollar-per-stock-unit rate is calculated according to a method prescribed in regulations using available data about net farm incomes on farms comparable to those on pastoral leases; and ii: the base carrying capacity is to be agreed or determined once according to rules made by the Valuer-General, including rules about using scientific evidence that is predictive of the base carrying capacity and information about the land; and iii: the current carrying capacity is to be agreed or determined at each review according to rules made by the Valuer-General, including rules about using information about efficient farming practices and information about the land; and c: provides for a dispute resolution system to facilitate early agreement between the Crown and lessees on the base carrying capacity and the current carrying capacity. Section 23A inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 23B: Formula for calculating annual rents for pastoral leases 1: Despite anything in any other enactment or in any instrument, the annual rent for a pastoral lease that has a rent review date on or after the date on which this section comes into force must be calculated in accordance with the formula set out in subsection (2) and the formula set out in subsection (3), and the annual rent payable is the greater of the 2 amounts so calculated. 2: The following formula must be used to calculate the annual rent for any pastoral lease to which subsection (1) applies: a = b × (c + ((d – c) × 0.15)) where— a is the annual rent for the pastoral lease b is the dollar-per-stock-unit rate published by the Valuer-General in the Gazette c is the base carrying capacity of the pastoral lease as determined under this Part and any regulations or rules made under this Part d is the current carrying capacity of the pastoral lease as determined under this Part and any regulations or rules made under this Part. 3: The following formula must also be used to calculate the annual rent for any pastoral lease to which subsection (1) applies: b × c where— b is the dollar-per-stock-unit rate published by the Valuer-General in the Gazette c is the base carrying capacity of the pastoral lease as determined under this Part and any regulations or rules made under this Part. Section 23B inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 23C: Commissioner to appoint Crown assessors to determine carrying capacities of pastoral leases 1: The Commissioner must appoint a Crown assessor to make an initial assessment of the base carrying capacity of a pastoral lease that has a rent review date during the period— a: beginning on the date that this section commences; and b: ending on the close of the day that is 90 days before the next rent review date. 2: However, subsection (1) does not apply if the base carrying capacity of the pastoral lease has been determined previously under this Part. 3: The Commissioner must appoint a Crown assessor to make an initial assessment of the current carrying capacity of a pastoral lease during the period— a: beginning on the date that is 120 days before the rent review date; and b: ending on the close of the day that is 90 days before the rent review date. 4: The Commissioner must, as soon as practicable after appointing a Crown assessor under this section, provide that Crown assessor with, or refer that Crown assessor to, any information prescribed in any rules made under section 23O 5: Despite anything in this section, the periods specified in subsections (1) and (3) may be varied by written agreement between the Commissioner and the lessee. Section 23C inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 23D: Initial assessment of carrying capacity by Crown assessors 1: A Crown assessor must, in accordance with the terms of the Crown assessor's appointment under section 23C a: the base carrying capacity of the pastoral lease; or b: the current carrying capacity of the pastoral lease; or c: the base carrying capacity and the current carrying capacity of the pastoral lease. 2: The Crown assessor must allow the lessee or a representative of the lessee to be present when the Crown assessor is inspecting the land for the purposes of subsection (1). 3: The Commissioner must, within 15 working days after the completion of the Crown assessor's inspection of the land, give the lessee the Crown assessor's initial assessment, which must— a: be in writing; and b: include— i: the information provided or referred to the Crown assessor under section 23C(4) ii: any other information that contributed materially to the assessment; and c: explain which elements of the information referred to in paragraph (b) contributed materially to the assessment; and d: specify the regulations or rules that permit or require the use of the information referred to in paragraph (c); and e: if the Crown assessor’s initial assessment allows a rent to be calculated, specify the rent that the lessee must pay if the lessee accepts the Crown assessor's initial assessment; and f: give notice of the period for response, and the consequences of failure to respond within that period, in the form prescribed by the Valuer-General for that purpose. 4: The lessee must, within 15 working days after the date on which the notice is received by the lessee, respond to the Crown assessor’s initial assessment, in writing to the Commissioner, by— a: accepting the Crown assessor’s initial assessment; or b: rejecting the Crown assessor’s initial assessment. Section 23D inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 23E: Process if lessee accepts, or fails to respond to, initial assessment If the lessee accepts, or fails to respond to, an initial assessment under section 23D(4) a: in the case of the base carrying capacity of a pastoral lease,— i: becomes the base carrying capacity for that pastoral lease; and ii: must be used to calculate the rent for that pastoral lease under section 23B b: in the case of the current carrying capacity of a pastoral lease,— i: becomes the current carrying capacity for that pastoral lease; and ii: must be used to calculate the rent for that pastoral lease under section 23B Section 23E inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 23F: Framework for dispute resolution if lessee rejects initial assessment 1: If the lessee rejects the initial assessment of a Crown assessor, then, within 10 working days after the 15-working-day period specified in section 23D(4) a: the Commissioner must— i: appoint an expert determiner in accordance with subsection (2); and ii: submit a copy of the assessment given under section 23D(3) b: the lessee must appoint an assessor. 2: The Commissioner— a: must, in good faith, try to agree with the lessee on the person to be appointed as the expert determiner; and b: must, if the Commissioner and the lessee are unable to agree, appoint a person who is nominated by the Valuer-General. 3: Within 10 working days after the 10-working-day period specified in subsection (1), the lessee's assessor, the Crown assessor, and the expert determiner must meet on the land for the purpose of reaching an agreement on the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be). 4: If, after 10 working days after the meeting referred to in subsection (3), the lessee's assessor and the Crown assessor have not agreed on the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be) and communicated that agreement to the expert determiner, the expert determiner must, as soon as practicable,— a: fix a date for a resolution hearing, which must be no later than 30 working days after the meeting specified in subsection (3); and b: give written notice of the resolution hearing to the lessee, the lessee's assessor, and the Crown assessor as soon as practicable but at least 10 working days before the date of the resolution hearing. Section 23F inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 23G: Duties of parties during dispute resolution before resolution hearing 1: During the period starting at the beginning of the meeting referred to in section 23F(3) section 23H a: the lessee's assessor and the Crown assessor must try in good faith to reach agreement on the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be); and b: the lessee’s assessor, the Crown assessor, and the expert determiner must, at the meeting on the land referred to in section 23F(3) c: the Crown assessor must— i: explain to the lessee’s assessor and the expert determiner the method that the Crown assessor used to arrive at the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be) in the initial assessment by isolating, as far as possible, the material elements of the method that the Crown assessor used; and ii: specify the regulations or rules that permit or require the use of the method referred to in subparagraph (i); and d: the lessee’s assessor must formulate, and provide to the Crown assessor and the expert determiner, an assessment of the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be) that— i: explains the method that the lessee's assessor used to arrive at the base carrying capacity or the current carrying capacity, or both, of the pastoral lease (as the case may be); and ii: takes into account any explanation provided by the Crown assessor under paragraph (c); and iii: includes any information that contributes materially to the lessee's assessor's assessment; and iv: specifies the regulations or rules that permit or require the method referred to in subparagraph (i) and information referred to in subparagraph (iii); and e: the expert determiner must analyse and evaluate how the lessee's assessor and the Crown assessor have applied the requirements of this Part and any regulations or rules made under this Part; and f: the expert determiner may provide guidance or assistance to the lessee's assessor and the Crown assessor in their efforts to agree on the base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be). 2: If the expert determiner provides guidance or assistance after the conclusion of the meeting referred to in section 23F(3) a: to the lessee's assessor, the expert determiner must provide the Crown assessor with a written summary of the guidance or assistance: b: to the Crown assessor, the expert determiner must provide the lessee's assessor with a written summary of the guidance or assistance. 3: The information required to be given by a Crown assessor under subsection (1)(c) or by a lessee's assessor under subsection (1)(d) need not be in writing or, if in writing, need not be in any particular form. 4: Despite subsection (3), the information required to be given by a Crown assessor under subsection (1)(c) and by a lessee's assessor under subsection (1)(d) must be provided in writing in accordance with any regulations or rules made under this Part by the date that is 5 working days after the meeting referred to in section 23F(3) Section 23G inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 23H: Resolution hearing 1: If an agreement is not reached between the lessee's assessor and the Crown assessor under section 23G section 23F(4)(a) section 23F(4)(a) a: facilitate agreement between the lessee's assessor and the Crown assessor; or b: if the expert determiner considers that an agreement is unlikely during the resolution hearing, determine the base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be). 2: A determination made under subsection (1)(b) must— a: be in writing and in the form specified by the Valuer-General; and b: be given to the lessee and the Commissioner within 5 working days of the date of the resolution hearing. 3: The expert determiner may establish any procedures for the resolution hearing, but the procedures must be consistent with any regulations or rules made under this Part. 4: The Arbitration Act 1996 5: The expert determiner may make an award of costs that complies with subsection (6) and any regulations or rules made under this Part. 6: An award of costs must provide that— a: the lessee pay the fees of the lessee's assessor and pay for any expenses incurred by the lessee's assessor that are associated with complying with the requirements of this Part; and b: the Commissioner pay the fees of the Crown assessor and pay for any expenses incurred by the Crown assessor that are associated with complying with the requirements of this Part; and c: the lessee and the Commissioner pay an equal share of the fees of the expert determiner and pay for any expenses that are associated with holding the resolution hearing (whether it proceeds or not). 7: Despite subsection (6), the expert determiner may require the lessee to pay a portion of the fees and expenses that the Commissioner would otherwise pay, or require the Commissioner to pay a portion of the fees and expenses that the lessee would otherwise pay, if the lessee's assessor or a Crown assessor (as the case may be) has, unreasonably or without justification,— a: contributed to the time or expense involved in complying with the requirements of this Part; or b: failed to comply, by act or omission, with this Part or any regulations or rules made under this Part; or c: taken a position or pursued an argument that lacks merit, including (but not limited to) refusing to accept facts that should have been accepted. Section 23H inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 23I: Recording and noting carrying capacities 1: If the lessee's assessor and the Crown assessor agree on the base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be) at any time before a resolution hearing,— a: the lessee's assessor and the Crown assessor must communicate to the expert determiner the agreed base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be); and b: the expert determiner must record the agreed base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be). 2: If the lessee's assessor and the Crown assessor agree on the base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be) during a resolution hearing, the expert determiner must record the agreed base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be). 3: If the expert determiner determines the base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be) at a resolution hearing, the expert determiner must record the agreed base carrying capacity or current carrying capacity, or both, of the pastoral lease (as the case may be). 4: If the expert determiner records a base carrying capacity or current carrying capacity, or both, of a pastoral lease (as the case may be),— a: in the case of a base carrying capacity, the recorded base carrying capacity of the pastoral lease— i: becomes the base carrying capacity for that pastoral lease; and ii: must be used to calculate the rent for that pastoral lease under section 23B b: in the case of a current carrying capacity, the recorded current carrying capacity of a pastoral lease— i: becomes the current carrying capacity for that pastoral lease; and ii: must be used to calculate the rent for that pastoral lease under section 23B 5: The expert determiner must notify the Commissioner and the lessee of the base carrying capacity or current carrying capacity of any pastoral lease that is agreed or determined under this Part. 6: If the Commissioner becomes aware of a base carrying capacity to which section 23E(a)(i) 7: If the Registrar-General of Land receives advice under subsection (6), the Registrar-General of Land must, on any relevant record of title Section 23I inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 23I(7) amended 12 November 2018 section 250 Land Transfer Act 2017 23J: Appeals on questions of law 1: If the Commissioner or a lessee of a pastoral lease is dissatisfied with any determination by an expert determiner of base carrying capacity or current carrying capacity as being erroneous in point of law, the Commissioner or lessee may appeal to the High Court on that question of law. 2: An appeal under this section must be dealt with in accordance with the rules of court. 3: On any appeal, the High Court must hear and determine the question of law arising in the proceedings, and must do 1 or more of the following: a: confirm or amend the determination in respect of which the appeal has been brought: b: quash the determination and remit the matter to the expert determiner along with a copy of the decision of the High Court: c: make any other order in relation to the matter that the High Court thinks fit. Section 23J inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 23K: Exclusion from liability An expert determiner is not liable for any act done or omitted to be done by the expert determiner in good faith in— a: the performance or intended performance of a function or duty under this Part or any regulations or rules made under this Part; or b: the exercise or intended exercise of a power under this Part or any regulations or rules made under this Part. Section 23K inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 23L: Functions, duties, and powers of Valuer-General 1: The Valuer-General— a: must, using the method prescribed in regulations made under section 23N Gazette b: may make rules under section 23O c: may provide guidance in relation to any matter for which the Valuer-General may make rules under section 23O d: may provide information to lessees' assessors, Crown assessors, and expert determiners to assist them in performing their functions and duties under this Part; and e: may provide information, monitor, and publish reports on, the processes specified in this Part for— i: assessing or determining the base carrying capacity and the current carrying capacity of pastoral leases; and ii: setting the rent for pastoral leases; and f: may audit any assessment or determination of the base carrying capacity or current carrying capacity, or both, of any pastoral lease (as the case may be) against any rules made under section 23O g: may appoint members to form 1 or more expert panels to assist in the performance of the Valuer-General's functions and duties or the exercise of the Valuer-General's powers under this Part; and h: must appoint a person nominated by any organisation the Valuer-General considers is representative of lessees of pastoral leases to any expert panel formed under paragraph (g); and i: must publish, in any form or manner that the Valuer-General considers appropriate, including (but not limited to) on an Internet site maintained by the department,— i: any guidance provided under paragraph (c); and ii: iii: any determination made by an expert determiner under this Part in relation to base carrying capacity. 2: In carrying out the functions and duties and exercising the powers specified in subsection (1), the Valuer-General must— a: aim to ensure that— i: any assessment or determination is made quickly and efficiently; and ii: any lessee's assessor, Crown assessor, or expert determiner does not use more information or undertake more analysis than is reasonably necessary to make an assessment or a determination; and b: have regard to the purpose of this Part. Section 23L inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 23L(1)(i)(ii) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 23M: Delegation of Valuer-General's functions, duties, and powers The Valuer-General may, in accordance with clauses 2 3 a: any function, duty, or power conferred on the Valuer-General by this Act (other than the power to make rules under section 23O b: any function, duty, or power delegated to the Valuer-General by any Minister of the Crown (other than a power that is subject to a delegation that provides that the power may not be delegated). Section 23M inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 23M amended 7 August 2020 section 135 Public Service Act 2020 23N: Regulation-making power 1: The Governor-General may, on the recommendation of the Minister, make regulations that— a: specify the method for calculating the dollar-per-stock-unit rate, which must— i: use the publicly available data about farm revenues and expenses from pastoral farms and farms that are most comparable to pastoral farms; and ii: use a measure of net farm revenues per stock unit derived from the data referred to in subparagraph (i); and iii: set the dollar-per-stock-unit rate as a proportion of the measure referred to in subparagraph (ii) that corresponds as closely and consistently as practicable to the long-term average spent on rent and servicing mortgage debt; and iv: contain a floor that will operate as the minimum dollar-per-stock-unit rate; and v: use an appropriate index of farm costs to annually adjust the floor referred to in subparagraph (iv); and vi: specify how the dollar-per-stock-unit rate is to be calculated for different periods for the purposes of this Part: b: prescribe forms: c: prescribe rules and procedures for resolution hearings: d: provide for the matters that are contemplated by or necessary for giving effect to this Part and for its due administration. 2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 23N inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 23N(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 23O: Rule-making power 1: For the purposes of this Part, the Valuer-General— a: must make rules that— i: specify the information to be provided or referenced by the Commissioner under section 23C(4) A: information predicting the characteristics of land, which includes information in the form of raw data, a land classification, a model, or an algorithm: B: assumptions about how the information referred to in subsubparagraph (A) reveals the base carrying capacity and the current carrying capacity of a pastoral lease: C: other information about the land: ii: specify how a lessee's assessor, a Crown assessor, or an expert determiner must, when making an assessment or a determination,— A: use the information provided or referenced by the Commissioner under section 23C(4) B: use the information gained at a meeting on the land under section 23F(3) C: use the information provided under section 23G(4) D: use or not use any other information about the land: iii: for the purposes of ensuring that base carrying capacities and current carrying capacities are assessed and used consistently to calculate rent,— A: define a standard stock unit for the purposes of this Part by reference to an annual energy requirement (taking into account relevant industry norms and practices): B: specify the standard stock-unit equivalent of different kinds of stock for the purposes of this Part: C: specify how non-standard stock-unit measurements are to be converted to standard stock-unit measurements for the purposes of this Part: b: may make rules that— i: provide that a specified process or method is the only process or method that may be used by a lessee's assessor, a Crown assessor, or an expert determiner when making an assessment or a determination of base carrying capacity: ii: specify how a lessee's assessor, a Crown assessor, or an expert determiner must deal with relevant matters when making an assessment or a determination of current carrying capacity, including (but not limited to)— A: how relevant concepts are to be used: B: information about stock carried on a pastoral lease: C: constraints on stocking that arise from the obligations under a pastoral lease: D: physical and other constraints on stocking: iii: provide for any other matters relating to— A: assessing or determining the base carrying capacity or current carrying capacity of a pastoral lease that may be necessary or desirable to allow the Valuer-General to perform a function or duty, or exercise a power, under this Part; or B: setting rents for pastoral leases that may be necessary or desirable to allow the Valuer-General to perform a function or duty, or exercise a power, under this Part: iv: provide for the designation of individuals eligible to be appointed as assessors or expert determiners: v: provide for the matters that are contemplated by or necessary for giving full effect to this Part and for its due administration. 2: Rules made under subsection (1)— a: may specify upper and lower bounds or other constraints for the base carrying capacity and current carrying capacity of pastoral leases: b: may prescribe different rules for different sets of pastoral leases: c: may, in the case of rules referred to in subsection (1)(a) and (b), make different provision for the base carrying capacity and current carrying capacity of a pastoral lease: d: may provide that stock carried on land for any period is counted towards the current carrying capacity of the land in proportion to the part of the year that the stock spends on the land (whether or not that stock is also grazed on any other ground that is not subject to a pastoral lease). 3: Before making any rules under this section, the Valuer-General must— a: publish a notice of the Valuer-General's intention, including (but not limited to) on an Internet site maintained by the department; and b: take reasonable steps to bring the notice to the attention of lessees of pastoral leases; and c: give interested persons a reasonable period of time, which must be specified in the notice, to make submissions on the proposed rules; and d: consult persons who the Valuer-General considers represent the lessees of pastoral leases and the Valuer-General considers appropriate, having regard in each case to the content and effect of the proposed rules. 4: 5: In the event of any conflict between any regulation made under section 23N 6: Rules under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in any form or manner that the maker considers appropriate LA19 ss 73 74(1)(a) cl 14 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 23O inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 23O(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 23O(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 23P: Valuer-General may designate individuals eligible to be appointed as assessors and expert determiners 1: No individual may be appointed as a lessee's assessor, a Crown assessor, or an expert determiner under this Part unless the person is eligible to be so appointed. 2: The Valuer-General must, in accordance with any regulations or rules made under this Part,— a: designate any individual as eligible to be appointed as an expert determiner if the requirements in subsections (4) to (6) have been met; or b: designate any individual as eligible to be appointed as an assessor if the individual— i: is a member of— A: an organisation specified in any regulations or rules made under this Part; or B: a subset of members of an organisation specified in any regulations or rules made under this Part; or ii: holds a qualification specified in any regulations or rules made under this Part; or iii: is otherwise qualified to act as an assessor. 3: The Valuer-General may direct that an individual designated under subsection (2) must, if appointed as an assessor, carry out assessments of— a: the base carrying capacity of pastoral leases; or b: the current carrying capacity of pastoral leases; or c: the base carrying capacity and the current carrying capacity of pastoral leases. 4: No individual who is designated as eligible to be a lessee's assessor or a Crown assessor may be designated as eligible to be appointed as an expert determiner. 5: In exercising a power under this section, the Valuer-General must have regard to the skills and experience necessary and desirable to perform the functions and duties and exercise the powers of a lessee's assessor, a Crown assessor, or an expert determiner (as the case may be). 6: Before exercising the power to designate an individual as eligible to be appointed as an expert determiner, the Valuer-General must consult persons and organisations that the Valuer-General considers represent lessees of pastoral leases. Section 23P inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 23Q: Service of notices 1: Any notice or other document required or authorised by this Part to be served on or given to any person must be in writing and is sufficiently served or given if it is— a: delivered to that person; or b: left at that person's usual or last known place of abode or business or at an address specified for that purpose in any document received from that person; or c: posted in a letter addressed to that person by name at that place of abode or business or address. 2: If the person is absent from New Zealand, the notice or other document may be served on or given to the person's agent in New Zealand. 3: If the person is deceased, the notice or other document may be served on or given to the person's personal representatives. 4: If the person is not known, or is absent from New Zealand and has no known agent in New Zealand, or is deceased and has no personal representatives, the notice or other document must be served or given in such manner as may be directed by an order of the District Court 5: If any such notice or other document is sent to any person by post, it is, unless the contrary is shown, deemed to have been delivered to the person on the seventh day after the day on which it was posted; and in proving the delivery it is sufficient to prove that the letter was properly addressed and posted. 6: Despite anything in subsections (1) to (5), the District Court 7: This section does not apply to notices or other documents served or given in any proceedings in any court. Section 23Q inserted 6 July 2012 section 6 Crown Pastoral Land (Rent for Pastoral Leases) Amendment Act 2012 Section 23Q(4) amended 1 March 2017 section 261 District Court Act 2016 Section 23Q(6) amended 1 March 2017 section 261 District Court Act 2016 2: Tenure reviews Part 2 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 General Heading repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 24: Objects of Part 2 Section 24 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 25: Matters to be taken into account by Commissioner Section 25 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 26: Consultation Section 26 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 Tenure reviews Heading repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 27: Commissioner may undertake reviews of land held under pastoral lease Section 27 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 28: Inclusion of land held under occupation licence Section 28 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 29: Inclusion of unused Crown land Section 29 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 30: Inclusion of freehold land Section 30 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 31: Inclusion of conservation area and reserve Section 31 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 32: Administration of reviews Section 32 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 33: Discontinuance of reviews Section 33 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 Preliminary proposals Heading repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 34: Preliminary proposals may be put to holders Section 34 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 35: Designation of land held under reviewable instrument, freehold land, and unused Crown land Section 35 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 36: Qualified designations Section 36 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 37: Designation of conservation area Section 37 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 38: Designation of reserves Section 38 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 39: Information to be included in respect of concessions Section 39 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 40: Protective mechanisms Section 40 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 41: Provisional consent of Minister of Conservation needed for some designations Section 41 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 42: Proposal may be conditional on acceptance by other holders Section 42 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 43: Commissioner to give notice of preliminary proposals Section 43 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 44: Consultation with iwi authority Section 44 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 45: Information to be given to Minister of Conservation Section 45 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 Substantive proposals Heading repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 46: Substantive proposals may be put to holders Section 46 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 47: Commissioner to consider submissions Section 47 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 Duties of Minister of Conservation in relation to proposed concessions Heading repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 48: Consent of Minister of Conservation needed for proposed concessions Section 48 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 49: No consent to easement if other concession more appropriate Section 49 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 50: No consent if inadequate information provided Section 50 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 51: Matters to be considered Section 51 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 52: Proposed concessions over marginal strip Section 52 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 53: Conditions generally Section 53 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 54: Rents, fees, and royalties Section 54 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 55: Term Section 55 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 Duty of Minister of Conservation in relation to proposed exchanges of conservation area Heading repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 56: Consent of Minister of Conservation needed for proposed exchanges of conservation area Section 56 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 Proposal to appoint manager of marginal strip Heading repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 57: Consent of Minister of Conservation needed for proposed appointment of manager of marginal strip Section 57 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 Powers and duties of Minister of Conservation in relation to proposed disposal of reserves Heading repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 58: Proposed disposal of reserve otherwise than by concession Section 58 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 Powers Heading repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 59: Consent Section 59 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 Acceptance of substantive proposals, and consequences of acceptance Heading repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 60: Acceptances Section 60 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 61: Notice of proposal may be registered against title to protect acceptance Section 61 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 62: Final plan to be prepared Section 62 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 63: Approval of plan Section 63 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 64: Commissioner to register accepted proposals and approved plans Section 64 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 65: Effect of registration of approved plan in relation to land designated to be restored to Crown ownership Section 65 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 66: Land vesting as conservation area subject to granting of concession Section 66 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 67: Land vesting as conservation area subject to appointment of manager of marginal strip Section 67 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 68: Land vesting as reserve subject to granting of concession Section 68 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 69: Effect of registration of approved plan in relation to reviewable land designated to be disposed of Section 69 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 70: Effect of registration of approved plan in relation to unused Crown land designated to be conservation area subject to granting of concession Section 70 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 71: Effect of registration of approved plan in relation to unused Crown land designated to be conservation area subject to appointment of manager of marginal strip Section 71 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 72: Effect of registration of approved plan in relation to unused Crown land designated to be reserve subject to granting of concession Section 72 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 73: Effect of registration of approved plan in relation to unused Crown land designated to be retained in Crown ownership subject to granting of special lease or grazing permit Section 73 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 74: Effect of registration of approved plan in relation to unused Crown land designated to be disposed of Section 74 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 75: Effect of registration of approved plan in relation to conservation area subject to granting of concession Section 75 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 76: Effect of registration of approved plan in relation to conservation area subject to appointment of manager of marginal strip Section 76 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 77: Effect of registration of approved plan in relation to conservation area designated to be exchanged Section 77 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 78: Effect of registration of approved plan in relation to reserve subject to granting of concession Section 78 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 79: Effect of registration of approved plan in relation to reserve designated to be exchanged Section 79 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 80: Creation of protective mechanisms Section 80 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 81: Effect of registration of approved plan in relation to freehold land designated to be restored to Crown ownership Section 81 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 82: Payments to the Crown Section 82 repealed 18 May 2022 section 9 Crown Pastoral Land Reform Act 2022 3: Reviews of other Crown land General 83: Objects of Part 3 The objects of this Part are— a: to promote the management of Crown land in a way that is ecologically sustainable; and b: to enable the protection of significant inherent values , including recreational values, c: subject to paragraphs (a) and (b), to make easier— i: the securing of public access to and enjoyment of Crown land; and ii: the freehold disposal of Crown land capable of economic use. Section 83(b) amended 17 November 2022 section 10 Crown Pastoral Land Reform Act 2022 84: Matters to be taken into account by Commissioner In acting under this Part, the Commissioner must (to the extent that those matters are applicable) take into account— a: the outcomes stated in section 4 b: the principles of the Treaty of Waitangi c: if acting in relation to land used or intended to be used by the Crown for any particular purpose, that purpose. Section 84(a) replaced 17 November 2022 section 11 Crown Pastoral Land Reform Act 2022 85: Consultation 1: Before taking any action specified in subsection (3), the Commissioner must consult the Director-General of Conservation. 2: At any time, the Commissioner may consult any person or body the Commissioner thinks fit (including the Director-General of Conservation) about taking any action specified in subsection (3). 3: The actions are— a: undertaking a review under section 86(1) b: devising a preliminary proposal under section 86(4); and c: adopting a substantive proposal under section 89 Procedure 86: Commissioner to review certain Crown land 1: The Commissioner— a: must undertake reviews of all land for the time being held under an unrenewable occupation licence; and b: may undertake (alone, or as part of reviews under paragraph (a)) reviews of any unused Crown land. 2: The Commissioner must undertake any review of land held under an unrenewable occupation licence,— a: if the licence is not due to expire within 18 months of the commencement of this Act, not later than 15 months before the licence is due to expire: b: if the licence is due to expire within 18 months of the commencement of this Act, as soon as is practicable after the commencement of this Act. 3: Subject to subsection (2), the Commissioner may, in the Commissioner's absolute discretion, decide— a: how many reviews to cause to be undertaken: b: which land each review is to relate to: c: the order in which reviews are to be undertaken: d: the urgency with which any review is to be undertaken: e: the resources to be devoted to any review. 4: After conducting any review, the Commissioner must devise a preliminary proposal to designate the land concerned in accordance with subsection (5). 5: The land (or various areas of it) must be designated as— a: land to be retained in full Crown ownership and control— i: as a conservation area; or ii: as a reserve, to be held for a purpose specified in the proposal; or iii: for some specified Crown purpose; or iv: as Crown land without classification; or v: as a different classification of Crown land under section 51 b: land that may be added to an existing pastoral lease or leased under a new pastoral lease, but only if the land is already classified as pastoral land; or c: land that may be added to an existing special lease or leased under a new special lease; or d: land that may be disposed of in fee simple under the Land Act 1948 6: If a preliminary proposal designates any land as land suitable for disposal by special lease, land suitable for disposal in fee simple, or both, it may designate it subject to either or both of the following things: a: the creation of a sustainable management covenant: b: the continuation in force of an existing easement. 7: If a preliminary proposal designates any land held under an occupation licence as land to be retained in Crown ownership, it may also specify any holder's improvements that are to remain on the land. 8: If a preliminary proposal designates any land as land that may be leased under a new pastoral lease, the lease may be on any terms that the Commissioner thinks fit, except that— a: section 4 b: the rental must be set in accordance with Part 1A 9: The ability to grant a new pastoral lease in accordance with this section applies despite anything to the contrary in the Land Act 1948 Section 86(5) replaced 17 November 2022 section 12(1) Crown Pastoral Land Reform Act 2022 Section 86(8) inserted 17 November 2022 section 12(2) Crown Pastoral Land Reform Act 2022 Section 86(9) inserted 17 November 2022 section 12(2) Crown Pastoral Land Reform Act 2022 87: Provisional consent of Minister of Conservation needed for some designations 1: Without the prior written provisional consent of the Minister of Conservation, a preliminary proposal may not designate any land as land suitable for disposal subject to the creation of a protective mechanism. 2: The Minister must not consent provisionally to a designation in a preliminary proposal unless satisfied that it is reasonably likely that the Minister would consent to a substantive proposal containing the designation. 87A: Approval of Minister needed for some designations 1: The Commissioner must obtain the written consent of the Minister before a preliminary proposal or substantive proposal designates pastoral land as land to be— a: added to an existing pastoral lease or special lease; or b: leased by a new pastoral lease or special lease; or c: reclassified as another form of Crown land; or d: disposed of in fee simple. 2: The Minister must not consent provisionally to a designation described in subsection (1) in a preliminary proposal unless satisfied that it is reasonably likely that the Minister will consent to a substantive proposal containing the designation. Section 87A inserted 17 November 2022 section 13 Crown Pastoral Land Reform Act 2022 88: Certain provisions of Part 2 relating to preliminary proposals to apply The following former sections set out in Schedule 1AC a: section 40 (which enables designations in a preliminary proposal to be subject to the creation of a protective mechanism): b: section 43 (which requires the Commissioner to give public notice of preliminary proposals): c: section 44 (which requires the Commissioner to consult the local iwi authority about any preliminary proposal): d: section 45 (which requires the Commissioner to give the Minister of Conservation information about the results of consultations on a preliminary proposal). Section 88 amended 18 May 2022 section 18 Crown Pastoral Land Reform Act 2022 89: Commissioner may adopt substantive proposals 1: The Commissioner may, by signing on it a statement to the effect that it is adopted, adopt a written substantive proposal that is (as far as the land to which it relates is concerned) the same as or a modified version of a preliminary proposal previously notified, in accordance with section 88 the former section 43 set out in Schedule 1AC 2: Subject to subsection (3), the holder of any land held under an occupation licence that is dealt with by a proposal adopted under subsection (1) may apply under section 17 3: No person has a right to apply under section 17 4: The Commissioner must notify every holder concerned of a decision to adopt under subsection (1) a substantive proposal dealing with land held under an occupation licence. 5: Where within the time provided by section 17 6: Where— a: within the time provided by section 17 b: the Commissioner then decides not to rehear the decision,— the adoption of the proposal then takes effect. 7: Where the Commissioner rehears under section 17 a: if the Commissioner reverses the decision, the adoption of the proposal has no effect: b: the Commissioner may alter or modify the decision by adopting an altered or modified substantive proposal under subsection (1); and if the Commissioner does so,— i: subsection (3) applies; and ii: the altered or modified proposal takes effect immediately: c: If the Commissioner confirms the decision, it takes effect on confirmation. Section 89(1) amended 18 May 2022 section 18 Crown Pastoral Land Reform Act 2022 90: Certain provisions of Part 2 relating to substantive proposals to apply 1: The former section 47 set out in Schedule 1AC the former Part 2 2: The following former sections set out in Schedule 1AC a: section 62 (which requires the Commissioner to prepare a final plan of the land to which an accepted substantive proposal relates): b: section 63 (which relates to the approval of a final plan by the Surveyor-General c: section 64 (which relates to the registration of an approved final plan and the substantive proposal out of which the plan arises). Section 90(1) amended 18 May 2022 section 18 Crown Pastoral Land Reform Act 2022 Section 90(2) amended 18 May 2022 section 18 Crown Pastoral Land Reform Act 2022 Section 90(2)(b) amended 17 November 2022 section 14 Crown Pastoral Land Reform Act 2022 91: Consent of Minister of Conservation needed for some designations Without the prior written consent of the Minister of Conservation, a substantive proposal may not designate any land as land suitable for disposal subject to the creation of a protective mechanism. Effect of substantive proposals 92: Effect of registration of approved plan in relation to land designated to be retained in Crown ownership Land that an approved plan designates as land to be retained by the Crown vests in the Crown when the plan is registered or (in the case of land held under an occupation licence) when the licence expires, whichever is the later,— a: depending on its designation in the plan,— i: as conservation area, or for the Crown purpose specified; or ii: as a reserve, held for the purpose specified in the plan; and b: subject to the easements (if any) whose continuation in force is provided for in the substantive proposal concerned; and c: except as provided in paragraphs (b) and (c), freed and discharged from all mortgages, charges, claims, estates, and interests. 93: Creation of protective mechanisms The former section 80 set out in Schedule 1AC Section 93 amended 18 May 2022 section 18 Crown Pastoral Land Reform Act 2022 94: Disposal When an approved plan relating to land that a substantive proposal designates as— a: land suitable for disposal by special lease; or b: land suitable for disposal in fee simple under the Land Act 1948 c: both,— has been registered or (in the case of land held under an occupation licence) when the licence expires, whichever is the later, the Commissioner must try to dispose of it accordingly. 4: Provisions applicable to all reviews 95: Improvements on land held under occupation licence 1: A substantive proposal under Part 3 a: the holder must not remove any improvement specified from the land, or cause or permit it to be removed from the land; but b: if when the licence expires or is surrendered the improvement is still on the land, the holder is entitled to compensation for it (being an amount equal to the added value that it then gives the land). 2: Except as provided in subsection (1),— a: on or before the expiry or surrender of an occupation licence (or within any later time the Commissioner allows), the holder must remove all holder's improvements from the land; and b: the holder is in no circumstances entitled to compensation, and may not in any circumstances be paid compensation,— i: for any improvement required by paragraph (a) to be removed from the land; or ii: for any improvement that is not a holder's improvement. 3: When a substantive proposal under Part 3 a: the Commissioner must promptly have all holder's improvements valued; and b: on the expiry of the licence, subsections (2) and (3) of section 149 section 150 section 16(1) 1948 No 64 s 109 Section 95(1) amended 18 May 2022 section 18 Crown Pastoral Land Reform Act 2022 96: Implementation not subdivision 1: Taking action under Part 3 Resource Management Act 1991 2: Subsection (1) is for the avoidance of doubt. Section 96(1) amended 18 May 2022 section 18 Crown Pastoral Land Reform Act 2022 97: Sustainable management covenants 1: Despite any enactment or rule of law, there may be reserved over land disposed of under Part 2 Part 3 2: A sustainable management covenant runs with the land over which it was reserved; and is an interest in land for the purposes of the Land Transfer Act 2017 3: On application by the Commissioner, the Registrar-General of Land 4: With the prior written consent of the regional or district council in which the land over which a sustainable management covenant has been reserved is situated, the Commissioner may transfer to the council the Commissioner's interest in the covenant. Section 97(2) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 97(3) amended 12 November 2018 section 250 Land Transfer Act 2017 98: Application of sections 25 and 84 to section 97 1: Section 25 section 97 Part 2 2: Section 84 section 97 Part 3 section 97 99: Commissioner to meet certain official costs The Commissioner must pay the appropriate costs of any action taken by the Surveyor-General the Registrar-General of Land Part 2 Part 3 Section 99 amended 17 November 2022 section 15 Crown Pastoral Land Reform Act 2022 Section 99 amended 12 November 2018 section 250 Land Transfer Act 2017 100: Application of sections 17 and 18 of Land Act 1948 Except as provided in section 89(2) section 17 section 18 Part 2 Part 3 4A: Miscellaneous provisions Part 4A inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 Recovery of remedial costs Heading inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 100A: Costs of remedial action 1: The Commissioner may recover as a debt due to the Crown the actual and reasonable costs of any remedial action taken to remedy or adequately mitigate a notified breach or alleged breach by a person of— a: their obligations under a reviewable instrument; or b: a consent to undertake a discretionary pastoral activity, a commercial recreation permit, or a grant, variation, or revocation of an exemption from a stock limitation. 2: For the purposes of this section, a breach or an alleged breach is notified to a person if the Commissioner gives the person a written notice that states— a: the breach or alleged breach; and b: the remedial action or mitigation that the Commissioner requires the person to take; and c: the period within which the Commissioner requires that remedial action or mitigation to be undertaken. 3: Notice of a breach or an alleged breach must not be served on a person unless the Commissioner has reasonable grounds for believing that the breach has occurred. 4: For the purpose of carrying out any remedial action on any pastoral land held on lease or licence, the Commissioner or any person authorised by them in writing has, at all reasonable times, free rights of ingress, egress, and regress, in respect of that land and all the powers necessary to take the remedial action. Section 100A inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 Enforceable undertakings Heading inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 100B: Commissioner may accept enforceable undertakings 1: The Commissioner may accept an enforceable written undertaking, in a form, or containing the information, prescribed by regulations made under this Act (if any), given by a person in connection with a matter relating to a breach or an alleged breach by the person of— a: their obligations under a reviewable instrument; or b: a consent to undertake a discretionary pastoral activity, a commercial recreation permit, or a grant, variation, or revocation of an exemption from a stock limitation. 2: The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the breach or alleged breach to which the undertaking relates. 3: The person may withdraw or vary the undertaking with the consent of the Commissioner. 4: If the Commissioner considers that the person is in breach of an undertaking, the Commissioner may apply to the court under section 100N section 100N(2) to (6) Section 100B inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 100C: Commissioner must give notice of decision and reasons The Commissioner must give a person who is seeking to make an enforceable undertaking written notice of— a: their decision to accept or reject the undertaking; and b: the reasons for the decision. Section 100C inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 Infringement offences Heading inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 100D: Infringement offences 1: A person commits an infringement offence against this Act if the person— a: undertakes without a consent under section 7 b: undertakes without a consent under section 8 c: contravenes a stock limitation or an exemption from a stock limitation ( see sections 10 15 d: undertakes without a commercial recreation permit under section 66A e: undertakes without a consent under section 100 2: For the purposes of subsection (1)(a), (b), (d), and (e), it is not an infringement offence to contravene the terms of a consent or permit. Section 100D inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 100E: Proceedings for infringement offences 1: A person who is alleged to have committed an infringement offence against this Act or regulations made under this Act may— a: be proceeded against by the filing of a charging document under section 14 b: be served with an infringement notice under section 100I 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 Section 100E inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 100F: Who may issue infringement notices 1: The chief executive may, by a written warrant evidencing the appointment, authorise an employee of the department (an authorised person 2: Production of the warrant is, in the absence of proof to the contrary, conclusive evidence of the appointment. Section 100F inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 100G: When infringement notice may be issued An authorised person may issue an infringement notice to a person if the authorised person believes on reasonable grounds that the person is committing, or has committed, an infringement offence. Section 100G inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 100H: Revocation of infringement notice before payment made 1: An authorised person 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 authorised person 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 100E(1)(a) or (b) Section 100H inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 100I: What infringement notice must contain An infringement notice must be in the form prescribed in regulations made under section 100R 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 at which 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 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 made under section 100R Section 100I inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 100J: How infringement notice may be served 1: An infringement notice may be served on the person who the authorised person 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) 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. Section 100J inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 100K: 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 100K inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 100L: Payment of infringement fees All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. Section 100L inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 100M: Penalties for infringement offences A person who commits an infringement offence is liable 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 100M inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 Breaches relating to reviewable instruments Heading inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 100N: Breaches of statutory or contractual provisions 1: The Commissioner may apply to the District Court for the examination of anything the Commissioner alleges to be a breach of a reviewable instrument committed after the commencement of this section. 2: If satisfied on application under subsection (1) that the holder of a reviewable instrument has after the commencement of this Act committed a breach, the District Court may— a: order the holder— i: to take actions (specified by the court) to remedy the breach; or ii: in default of taking those actions, to pay to the Commissioner exemplary damages (not exceeding $50,000) for the breach; or b: (without declaring the instrument forfeit) order the holder to pay to the Commissioner exemplary damages (not exceeding $50,000) for the breach if, and only if,— i: it is impossible, impracticable, or otherwise inappropriate to remedy the breach; or ii: the breach has already been remedied; or c: declare the instrument forfeit to the Crown, and order the holder to pay to the Commissioner an amount being, as seems appropriate to the court,— i: the lower of $50,000 and the likely costs to the Crown of remedying the breach; or ii: exemplary damages (not exceeding $50,000) for the breach. 3: The District Court must not make an order under subsection (2)(c) unless satisfied that every person with an interest in the land concerned at the time the application under subsection (1) was made— a: has been given notice of the application; and b: has had an adequate opportunity to appear and be heard in relation to it. 4: Sections 244 to 257 5: Section 105 6: In this section, breach a: contravenes section 100 section 7 8 9 b: contravenes any provision of or covenant contained in the instrument. Section 100N inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 Further provisions relating to activities and regulations Heading inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 100O: Power to amend Schedule 1AB 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend, replace, or delete any of the items or definitions in Schedule 1AB 2: The Minister may make a recommendation under subsection (1) in accordance with subsections (3) to (7). 3: Only activities that are described in sections 7 to 9 section 100 4: Activities remain as discretionary pastoral activities unless they meet the criteria for permitted pastoral activities or prohibited pastoral activities. 5: An activity may be classified as a permitted pastoral activity only if the Minister is satisfied it meets the following criteria: a: the pastoral activity must have no more than minor effects on inherent values in all reasonably foreseeable circumstances, which include the possible effects of the activity in all possible locations across the Crown pastoral estate; and b: the activity must— i: be required for pastoral farming; or ii: contribute to the lessee or licensee meeting their obligations under section 99 6: An activity may be classified as a prohibited pastoral activity only if the Minister is satisfied that— a: the activity will not impact unduly on a lessee’s or licensee’s ability to exercise their rights and obligations under their lease or licence in any reasonably foreseeable circumstances; and b: the activity would be likely to cause significant loss of inherent values that cannot be avoided in all reasonably foreseeable circumstances. 7: The Minister must not recommend the making of an Order in Council under this section unless— a: the Minister has consulted the Minister of Agriculture and the Minister of Conservation; and b: the Minister is satisfied that the chief executive or the Commissioner has— i: consulted relevant iwi and representatives of lessees and licensees of pastoral land; and ii: published a notice of the proposed recommendation on the department’s Internet site and invited the public to give or send their written submissions on the proposed recommendation before it is finalised. 8: To avoid doubt, no change in the classification of a pastoral activity made by an Order in Council under this section affects the terms or conditions of any consent to undertake a discretionary pastoral activity or commercial recreation permit that has effect when the order takes effect. 9: 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 100O inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 100P: Power to amend Schedule 1ABA 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend, replace, or revoke any provision in Schedule 1ABA 2: The Minister may make a recommendation under subsection (1) in accordance with subsection (3). 3: The Minister must not recommend the making of an Order in Council under this section unless the Minister is satisfied that the chief executive or the Commissioner has— a: consulted relevant iwi and representatives of lessees and licensees of pastoral land; and b: published a notice of the proposed recommendation on the department’s Internet site and invited the public to give or send their written submissions on the proposed recommendation before it is finalised. 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. Section 100P inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 100Q: Chief executive to review Schedule 1AB 1: The chief executive must review Schedule 1AB 2: Following the review, the chief executive must advise the Minister on any recommended changes to Schedule 1AB Section 100Q inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 100R: Regulations 1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing for 1 or more of the following purposes: a: prescribing the information required to be provided with an application for consent to undertake a discretionary pastoral activity or for the grant of a commercial recreation permit or stock limitation exemption (for example, the description and location of the pastoral activity, the inherent values affected, and mitigation): b: prescribing matters the Commissioner must take into account in deciding the level of adverse effects of a pastoral activity or commercial recreation permit activity, or a stock limitation exemption, on inherent values: c: prescribing the form and content of farm plans that may be considered under section 10(4)(d) d: prescribing fees or charges payable for applications for consent to undertake discretionary pastoral activities or applications for the grant of a commercial recreation permit or stock limitation exemption: e: prescribing the form of, or the information that must be contained in or accompany, an enforceable undertaking under section 100B f: prescribing infringement offences for the contravention of regulations made under this Act: g: prescribing penalties for infringement offences against this Act or regulations made under this Act, 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: h: prescribing the form of infringement notices and infringement offence reminder notices: i: requiring persons to collect information and supply the information to the chief executive or the Commissioner for the purpose of this Act: j: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect. 2: The power to prescribe fees or charges includes the power to prescribe any of the following: a: the method by which the fees or charges are to be assessed, which may (without limitation) include a general charge and actual and reasonable costs in respect of a discretionary pastoral activity: b: the persons liable to pay the fees or charges: c: when the fees or charges must be paid: d: the circumstances in which the fees or charges may be refunded, remitted, or waived (wholly or partly). 3: Fees and charges are a debt due to the Crown and may be recovered by the chief executive or the Commissioner (on behalf of the Crown) in any court of competent jurisdiction. 4: The Minister must not recommend the making of regulations under this section unless the Minister is satisfied that the chief executive or the Commissioner has— a: consulted relevant iwi, representatives of lessees and licensees of pastoral land, and the Director-General of Conservation; and b: published a notice of the proposed recommendation on the department’s Internet site and invited the public to give or send their written submissions on the proposed recommendation before it is finalised. 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. Section 100R inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 100S: Chief executive or Commissioner may set standards and issue directives 1: The Commissioner may set standards and issue directives in relation to the administration of pastoral land and its inherent values, including monitoring the state of the land. 2: The chief executive may set standards and issue directives in relation to the framework for determining applications for discretionary pastoral consents, commercial recreation permits, or stock limitation exemptions. 3: The chief executive or the Commissioner must not set a standard or issue a directive unless one of them has— a: consulted relevant iwi, representatives of lessees and licensees of pastoral land, and the Director-General of Conservation; and b: published the draft standard or directive on the department’s Internet site and invited the public to give or send their written submissions on the draft document before it is finalised. 4: A standard or directive 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. Section 100S inserted 17 November 2022 section 16 Crown Pastoral Land Reform Act 2022 5: Savings, and consequential amendments and repeals 101: Savings The repeal by section 104 section 109 a: does not affect any decision made under section 109 before its repeal; and (in particular) b: does not prevent land held under an occupation licence from being let again on lease or licence if a decision that it is to be let again has been made under section 109 before its repeal. 102: Consequential amendments to Land Act 1948 The Land Act 1948 Schedule 1 103: Director-General to administer special leases and grazing permits over certain reserves Amendment(s) incorporated in the Act(s) 104: Consequential repeals The enactments specified in Schedule 2

DLM428838

1998

Summary Proceedings Amendment Act (No 3) 1998

1: Short Title and commencement 1: This Act may be cited as the Summary Proceedings Amendment Act (No 3) 1998, and is part of the Summary Proceedings Act 1957 the principal Act 2: This Act comes into force on 1 November 1998. 2: Interpretation This section inserted the definitions of the terms Bank Benefit s 2(1) 3: Summary procedure for infringement offences 1: This subsection inserted s 21(3A) to (3D) 2: This subsection inserted s 21(5A) (5B) 3: This subsection inserted s 21(13) 4: Withdrawal of warrant This section inserted s 23(2) 5: Withdrawal of information by informant This section inserted s 36(1B) 6: Registrar may receive not guilty pleas This section inserted s 41A 7: Registrar may prohibit publication of names This section inserted s 46A 8: Variation of conditions of bail This section substituted s 50A(2)(b) 9: Powers of Registrar to adjourn hearing or issue warrant to arrest defendant This section substituted s 61A(3) 61A(4) 10: Defendant's right to elect trial by jury where offence punishable by more than 3 months' imprisonment 1: This section inserted s 66(1A) 2: This subsection amended s 66(2) 11: Registrar may receive elections This section inserted s 66A 12: Conduct of hearing This section substituted s 67(1A) 13: District Court Judge or Justice or Registrar may grant a rehearing 1: This section inserted s 75(1AA) 2: This section amended s 75(3) 14: Interpretation This section inserted paragraphs (c) to (f) salary or wages 15: Order for immediate payment of fine This section amended s 83(2)(b) 83(2)(c) 16: Notice of fine This section substituted s 84(2)(e) 17: Further notice of fine 1: This subsection amended s 85(1)(b) 2: This subsection substituted s 85(1)(c) 3: This section substituted s 85(2)(b) 18: Extension of time to pay This section substituted s 86 19: Bailiff may arrange extension of time to pay This section inserted s 86A 20: Action where fine not paid This section amended s 87(1)(b) 87(1)(c) 21: Power to obtain information in respect of beneficiaries This section inserted s 87AA 22: Publication of name of fines defaulter This section amended s 87A(1)(d) 23: New sections inserted This section inserted ss 87B to 87J 24: Action where fine remains unpaid 1: This subsection substituted s 88(1A) 88(1)(b) 2: This subsection amended s 88(3)(a) 3: This subsection inserted s 88(3)(fa) (fb) 4: This subsection repealed s 88(4) 25: New sections inserted This section inserted ss 88A 88B 26: New sections inserted This section inserted ss 102A 102B 27: Power to obtain information in respect of employers This section inserted s 104A 28: Operation of attachment order 1: This subsection amended s 105(3) 2: This subsection substituted s 105(4) (5) 105(6) (7) 29: Transfer of enforcement to another District Court This section substituted s 106D 30: Amendments to other enactments The enactments specified in the Schedule are amended in the manner indicated in that schedule.

DLM428114

1998

Crimes Amendment Act (No 2) 1998

1: Short Title and commencement 1: This Act may be cited as the Crimes Amendment Act (No 2) 1998, and is part of the Crimes Act 1961 the principal Act 2: This Act comes into force on the date on which this Act receives the Royal assent. 2: Execution of sentence, process, or warrant This section amended s 26(3) 3: Sentence or process without jurisdiction a: This paragraph amended s 28(1)(a) b: This paragraph amended s 28(1)(b) 4: Interpretation This section amended s 99 5: Bench warrant Section 5 repealed 1 January 2001 74(2) Bail Act 2000 See section 75 6: Record of proceedings This section amended section 353(2)(a) 7: Evidence of former trial This section amended s 360(2) 8: Schedule 2 This section amended Schedule 2

DLM426873

1998

Transport Accident Investigation Commission Amendment Act 1998

1: Short Title This Act may be cited as the Transport Accident Investigation Commission Amendment Act 1998, and is part of the Transport Accident Investigation Commission Act 1990 the principal Act 2: Renumbering of paragraph This section renumbered s 12(1)(d) s 12(1)(ca) 3: Offences in respect of certain powers of investigation 1: This subsection amended s 12A(1) 2: This subsection amended s 12A(2)(b)

DLM424448

1998

Taxation (Remedial Provisions) Act 1998

1: Short Title This Act may be cited as the Taxation (Remedial Provisions) Act 1998. 1: Amendments to Income Tax Act 1994 Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 2: Income Tax Act 1994 Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 3: Non-profit bodies' and charities' exempt income Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 4: Exemption income—dividends Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 5: Exemption income—dividends Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 6: National standard cost scheme for specified livestock Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 7: Determination of national average market values for specified livestock Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 8: Rules for calculating New Zealand group debt percentage Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 9: New Subpart added Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 10: Rebate in respect of gifts of money Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 11: New Subpart added Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 12: Foreign tax credits—controlled foreign companies Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 13: New Subpart added Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 14: Amount of provisional tax payable Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 15: Assessment and payment of terminal tax Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 16: Payment of tax Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 17: Debits arising to imputation credit account Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 18: Credits and debits arising to branch equivalent tax account of company Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 19: Use of credit to reduce dividend withholding payment, or use of debit to satisfy income tax liability Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 20: Credits arising to dividend withholding payment account Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 21: Debits arising to dividend withholding payment account Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 22: Company may attach dividend withholding payment credit to dividend Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 23: Transfer by life insurance company of credit balance to policyholder credit account Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 24: Transfer of credit balance to imputation credit account Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 25: New Subpart added Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 26: New section added Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 27: Tax deductions to be made by employers Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 28: Application of tax codes specified in tax code declarations or tax code certificates Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 29: Assessment and payment of tax Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 30: Non-resident withholding tax imposed Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 31: New heading and section added Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 32: Definitions Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 33: Further definitions of associated persons Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 34: New sections added Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 35: Schedule replaced Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 36: Schedule replaced Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 37: Schedule 19—Basic Tax Deductions Part 1 repealed 1 April 2005 section YA 2 Income Tax Act 2004 2: Amendments to Tax Administration Act 1994 38: Tax Administration Act 1994 The Tax Administration Act 1994 39: Interpretation 1: In section 3 tax Tax agent a: Carries on a professional public practice; or b: Carries on any business in which returns of income are prepared; or c: Is the Maori Trustee: . 2: Subsection (1) 40: Shareholder dividend statement to be provided by company 1: In section 29(1) or a dividend withholding payment credit attached or a conduit tax relief amount attached 2: Subsection (1) 41: New section added 1: After section 30 30A: Statement to shareholder when conduit tax relief credit attached to dividend Where a conduit tax relief company attaches a conduit tax relief credit to a dividend under section MI 7 of the Income Tax Act 1994 section 29 a: The amount of the conduit tax relief credit: b: The amount of the conduit tax relief additional dividend paid under section LG 1 of the Income Tax Act 1994 c: The aggregate of— i: The dividend paid to the shareholder; and ii: The conduit tax relief additional dividend paid to the shareholder. . 2: Subsection (1) 42: Annual income tax returns not required from taxpayers 1: Section 33A(1) ; and paragraph (i) paragraph (i) j: Is, notwithstanding paragraph (i) Student Loan Scheme Act 1992 . 2: Subsection (1) 43: Dates by which annual returns need to be furnished 1: Section 37(4) 4: Subject to subsection (5) a: The tax agent is unable to furnish the return of income on or before the date set by subsection (1) b: It would be unreasonable, having regard to the circumstances of the tax agent preparing the return, to require the return to be furnished on or before the date set by subsection (1) 4A: The Commissioner may refuse to extend a tax agent's time for furnishing a taxpayer's return of income for an income year and may cancel an existing extension of time for furnishing such a return if the taxpayer has not furnished any required return of income for a prior income year and that return is not subject to an extension of time. . 2: Subsection (1) 44: New section added 1: After section 68 68A: Statement when conduit tax relief credit attached to dividend If a conduit tax relief company attaches a conduit tax relief credit to a dividend, the company must include the following information in the company dividend statement required by section 67 a: The conduit tax relief additional dividend paid under section LG 1 of the Income Tax Act 1994 b: The dividend withholding payment ratio (calculated as if the credit were a dividend withholding payment credit): c: The combined imputation and dividend withholding payment ratio (calculated as if the credit were a dividend withholding payment credit), if an imputation credit has been attached to the dividend. . 2: Subsection (1) 45: Annual imputation return 1: After section 69(1)(e) ea: If the company is a conduit tax relief company for the imputation year,— i: The opening and closing balances of the company's conduit tax relief account for the imputation year: ii: The amount and source of all credits and debits that have arisen in the company's tax relief account in accordance with Part MI of the Income Tax Act 1994 . 2: After section 69(3) 4: For the purposes of subsections (2) and (3) . 3: Subsections (1) (2) 46: Commissioner to make determinations In section 92(5) paragraph (a) section MG 12 or MI 12 47: New section added 1: After section 103 103A: Assessment of dividend withholding payment relating to conduit tax relief 1: The Commissioner may assess the amount of dividend withholding payment payable by a company under section MI 10 of the Income Tax Act 1994 2: The company must pay the amount assessed unless the company establishes in proceedings challenging the assessment that the assessment is excessive or that the company is not chargeable with the dividend withholding payment. 3: The Commissioner's assessment can be challenged in the same way as income tax, and Part VIIIA of this Act 4: Sections 109, 111, and 113 a: The term taxpayer b: The term tax already assessed . 2: Subsection (1) 48: Remission or cancellation on written request In section 183H paragraph (a) tax under section 183A or 183D 3: Amendments to Goods and Services Tax Act 1985 49: Goods and Services Tax Act 1985 The Goods and Services Tax Act 1985 50: Application Sections 51 52 51: Short Title, etc In section 1(2) sections 12 and 13 section 12 52: Interpretation In the definition of input tax 2 Customs Act 1966 Customs and Excise Act 1996 53: Zero-rating 1: In section 11(2)(ca)(i) in relation to directly in connection with 2: Subject to subsection (3) subsection (1) 3: Subsection (1) a: In reliance on the words in relation to b: On or before 20 November 1997; and c: For a taxable period that ends on a date between 30 September 1996 and 21 November 1997. 4: Amendments to Stamp and Cheque Duties Act 1971 54: Stamp and Cheque Duties Act 1971 The Stamp and Cheque Duties Act 1971 55: Interpretation 1: In section 86A cardholder Automatic withdrawal of funds . 2: In section 86A credit card agency Electronic transfer of funds . 3: In section 86A liable transaction issued by itself or an automatic withdrawal of funds or an electronic transfer of funds 4: Subsections (1) to (3) 5: Notwithstanding subsection (4) subsections (1) to (3) subsections (1) to (3) section 86D 56: Repeal 1: Part 6A 2: Notwithstanding subsection (1) sections 86A to 86E 5: Amendments to Taxation (Remedial Provisions) Act 1997 57: Taxation (Remedial Provisions) Act 1997 1: The Taxation (Remedial Provisions) Act 1997 2: In section 31 28 30 3: In section 37 33 36 4: This section is deemed to have come into force on 23 September 1997.

DLM19309

1998

Ngarimu VC and 28th (Maori) Battalion Memorial Scholarship Fund Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the Ngarimu VC and 28th (Maori) Battalion Memorial Scholarship Fund Amendment Act 1998, and is part of the Ngarimu VC and 28th (Maori) Battalion Memorial Scholarship Fund Act 1945 The principal Act 2: This Act comes into force on the day after the date on which it receives the Royal assent. 2: Establishment of Board to administer Fund 1: This subsection inserted s 4(2)(aa) 2: This subsection substituted ss 4(2)(c) 4(2)(d)

DLM424408

1998

Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998. 2: This Act comes into force on 1 April 1998. 1: Amendments to Fisheries Act 1996 2: Part to be part of Fisheries Act 1996 This Part is part of the Fisheries Act 1996 the principal Act 3: Interpretation 1: This subsection inserted the definitions of the terms Dredge oyster Foveaux Strait dredge oyster Foveaux Strait dredge oyster fishery s 2(1) 2: This subsection amended the definition of the term Quota weight equivalent s 2(1) 4: Aggregation limits This section inserted s 59(6A) 5: Allocation of annual catch entitlement 1: This subsection amended s 67(2) 2: This subsection inserted s 67(2A) (2B) 3: This subsection amended s 67(3) (4) 6: Minimum holdings of annual catch entitlement 1: This subsection amended s 74(1)(b) 2: This subsection inserted s 74(1)(ca) 3: a: b: This paragraph amended s 74(2) 4: This subsection amended s 74(3) 5: This subsection amended s 74(6) 6: This subsection amended s 74(8) Subsection (3)(a) repealed 26 May 2001 41 Fisheries (Remedial Issues) Amendment Act 2001 7: Conversion factors This section inserted s 188(5) (6) 8: Disposal of fish by commercial fishers This section substituted s 191(2)(b) s 191(2)(ba) 9: Penalties This section inserted s 252(5)(m) 10: Foveaux Strait dredge oyster fishery subject to quota system This section inserted s 368A 11: Quota management area defined This section amended Part 3 12: Schedule 4 This section amended Schedule 4 13: Foveaux Strait dredge oysters subject to monthly balancing regime This section amended Schedule 8 14: Quota allocations 1: This subsection amended Schedule 9 2: This subsection inserted Part 5 2: Amendments to Fisheries Act 1983 15: Part to be part of Fisheries Act 1983 This Part is part of the Fisheries Act 1983 16: Interpretation This section inserted definitions of the terms Dredge oyster Foveaux Strait dredge oyster Foveaux Strait dredge oyster fishery s 2(1) Fisheries Act 1983 17: Conversion factors This section inserted s 3A(6) (7) Fisheries Act 1983 18: Registers, transfers, and leases of quota This section amended ss 28P(1)(c)(ii) 28P(1)(d)(ii) 28Q(10)(a) 28Q(10)(b) 28R(2)(b) Fisheries Act 1983 19: Minimum holdings of quota and interests in quota 1: This subsection amended s 28S(1)(b) Fisheries Act 1983 2: This subsection inserted s 28S(1)(ba) Fisheries Act 1983 3: This subsection amended s 28S(9) Fisheries Act 1983 4: This subsection inserted s 28S(11)(ba) Fisheries Act 1983 5: This subsection amended s 28S(11) Fisheries Act 1983 6: This subsection amended s 28S(12) Fisheries Act 1983 7: This subsection amended s 28S(15) Fisheries Act 1983 20: Foveaux Strait dredge oysters excluded from under and overfishing provisions This section amended s 28V(11) Fisheries Act 1983 21: Restriction on amount of quota that may be held by any one person This section inserted s 28W(10) Fisheries Act 1983 22: Wharf sales, etc This section substituted s 67(2)(b) s 67(2)(ba) Fisheries Act 1983 23: Schedule 1A This section amended Schedule 1A Fisheries Act 1983 24: Oyster numbers to be entered on returns, etc, as if kilogrammes 1: The purpose of this section is to provide for the reporting and recording of quantities of Foveaux Strait dredge oysters to be in oyster numbers and not weights, notwithstanding that standard reporting and recording forms, computer programmes, and other documents used across the fishing industry contain references to weight only and not to fish numbers, until such time as— a: Part 4 Fisheries Act 1996 b: The relevant registers, forms, computer programmes, or other documents are earlier adapted to specifically provide for the reporting and recording of oyster quantities by reference to numbers and not weights, or the chief executive and the particular person concerned earlier agree on an alternative method of reporting or recording oyster quantities. 2: Where any record, return, or other document prescribed or required or contemplated by the Fisheries Act 1983 Fisheries Act 1996 a: Contains provision for the reporting or recording of fish by reference to weight in kilogrammes; and b: Does not make specific provision for the reporting or recording of oysters by reference to the number of oysters,— then, in relation to Foveaux Strait dredge oysters, that return, record, or other document is to be read and completed as if the reference to weight were a reference to oyster numbers. 3: Unless in any case the context clearly otherwise requires, any figure entered on or after 1 April 1998 in relation to a quantity of Foveaux Strait dredge oysters in— a: Any register kept under section 28P Fisheries Act 1983 b: Any form of transfer or lease of quota required by section 28R Fisheries Act 1983 may be entered as, and is to be read as referring to, oyster numbers and not weight, notwithstanding that the relevant part of the register (including any computer printout) or form contains a reference to weight only. 4: The chief executive must, as soon as practicable in the circumstances of each case, give individual notification of the effect of this section to— a: Every fisher of quota in the Foveaux Strait dredge oyster fishery: b: Every licensed fish receiver who deals with Foveaux Strait dredge oysters: c: Any other person required to make records or returns under the Fisheries Act 1983 Fisheries Act 1996 5: This section ceases to apply— a: On and from the date that Part 4 Fisheries Act 1996 b: In relation to any particular return, record, register, or other document, on and from such earlier date as— i: The return, record, register, or other document is adapted to specifically provide for the reporting and recording of oyster quantities by reference to numbers and not weights; or ii: The chief executive and the person concerned agree on any alternative method of reporting or recording oyster quantities. 3: Amendments to Fisheries Regulations 25: Fisheries (Reporting) Regulations 1990 a: This paragraph amended reg 19(1)(i) of the Fisheries (Reporting) Regulations 1990 (SR 1990/214) b: This subsection inserted reg 19(1)(iii) of the Fisheries (Reporting) Regulations 1990 (SR 1990/214) 26: Fisheries (Recordkeeping) Regulations 1990 1: This subsection inserted reg 2A Fisheries (Recordkeeping) Regulations 1990 2: This subsection inserted reg 19(2) Fisheries (Recordkeeping) Regulations 1990 27: Fisheries (Cost Recovery Levies) Order 1997 a: This paragraph amended clause 3(1) of the Fisheries (Cost Recovery Levies) Order 1997 (SR 1997/189) b: This paragraph amended clause 5(1) of the Fisheries (Cost Recovery Levies) Order 1997 (SR 1997/189) c: This paragraph amended in Part A of the Schedule of the Fisheries (Cost Recovery Levies) Order 1997 (SR 1997/189) d: This paragraph amended Part C of the Schedule of the Fisheries (Cost Recovery Levies) Order 1997 (SR 1997/189) 28: Fisheries (Licensed Fish Receivers) Regulations 1997 This section inserted reg 13(6) Fisheries (Licensed Fish Receivers) Regulations 1997 29: Amendments made by sections 25 to 28 The regulations and order amended by sections 25 to 28

DLM427909

1998

District Courts Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the District Courts Amendment Act 1998, and is part of the District Courts Act 1947 the principal Act 2: This Act comes into force on the date on which this Act receives the Royal assent. 2: Interpretation This section inserted the definition of the term Community Magistrate s 2(1) 3: New heading and sections inserted This section inserted sections 11A to 11G 4: Place of sittings This section amended section 21(3) 5: Times of sittings This section amended section 22(2) 6: Persons who may take affidavits, etc This section amended section 56 7: Consequential amendments The enactments specified in the Schedule are amended in the manner indicated in that schedule.

DLM17800

1998

Anti-Personnel Mines Prohibition Act 1998

1: Short Title and commencement 1: This Act may be cited as the Anti-Personnel Mines Prohibition Act 1998. 2: This Act comes into force on the day after the date on which it receives the Royal assent. 1: Preliminary provisions Interpretation 2: Interpretation 1: In this Act, unless the context otherwise requires,— anti-handling device anti-personnel mine section 3 authorised anti-personnel mine section 11 Convention Schedule enforcement officer Hazardous Substances and New Organisms Act 1996 inspector of explosives Explosives Act 1957 mine Minister Ministry officer section 4 place Secretary transfer 2: Terms and expressions used and not defined in this Act, unless the context otherwise requires, have the same meaning as in the Convention. 3: Meaning of anti-personnel mine For the purposes of this Act, anti-personnel mine a: means a mine designed to be exploded by the presence, proximity, or contact of a person, and that is capable of incapacitating, injuring, or killing 1 or more persons; but b: does not include a mine designed to be detonated by the presence, proximity, or contact of a vehicle as opposed to a person and equipped with an anti-handling device. 4: Meaning of officer 1: For the purposes of this Act, officer a: a Police employee b: a member of the Armed Forces: c: a Customs officer: d: an inspector of explosives: e: an enforcement officer: f: a person appointed under subsection (2). 2: The Minister may from time to time, by notice in writing, appoint any person to— a: use, develop, produce, otherwise acquire, possess, retain, or transfer an authorised anti-personnel mine for the purposes of developing, or training persons in, techniques of mine detection, mine clearance, mine deactivation, or mine destruction: b: seize, receive, or acquire an anti-personnel mine for the purposes of deactivating or destroying the mine: c: retain an anti-personnel mine pending the deactivation or destruction of the mine: d: transfer an anti-personnel mine for the purposes of deactivating or destroying the mine: e: deactivate or destroy an anti-personnel mine: f: accompany or assist a member of a fact-finding mission. Section 4(1)(a) amended 1 October 2008 section 130(1) Policing Act 2008 Purpose of this Act 5: Purpose 1: The purpose of this Act is to implement New Zealand's obligations under the Convention. 2: Every person exercising a power or discretion conferred under this Act must have regard to New Zealand's obligations under the Convention. 1996 No 37 s 4 Act binds the Crown 6: Crown bound This Act binds the Crown. 2: Prohibitions and offences related to anti-personnel mines 7: Prohibitions and offences 1: No person may— a: use an anti-personnel mine; or b: develop, produce, or otherwise acquire an anti-personnel mine; or c: possess, retain, or stockpile an anti-personnel mine; or d: transfer to anyone, directly or indirectly, an antipersonnel mine; or e: assist, encourage, or induce, in any way, anyone to engage in conduct referred to in paragraphs (a) to (d). 2: Every person who engages in conduct prohibited by subsection (1) commits an offence. 3: Every person who commits an offence against subsection (2) is liable on conviction 4: Nothing in this section limits— a: the Explosives Act 1957 b: the provisions of the Arms Act 1983 c: the Hazardous Substances and New Organisms Act 1996 Anti-Personnel Mines Convention Implementation Act 1997 ch 33 s 6(1) (Canada) Section 7(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 8: Exceptions to prohibitions Despite section 7(1) a: an officer may, in the course of his or her employment or duties, use, develop, produce, otherwise acquire, possess, retain, or transfer an authorised anti-personnel mine for the purposes of developing, or training persons in, techniques of mine detection, mine clearance, mine deactivation, or mine destruction: b: a person may possess an anti-personnel mine until an officer collects, deactivates, or destroys the mine, and a person may make an anti-personnel mine available to an officer for collection, deactivation, or destruction, if, in either case, the person— i: complies with section 13 ii: as soon as practicable after learning that he or she possesses the mine, takes all reasonable steps to ensure the mine will not be exploded before an officer collects, deactivates, or destroys it: c: an officer may, in the course of his or her employment or duties, seize, receive, or acquire an anti-personnel mine for the purposes of deactivating or destroying the mine, or retain an anti-personnel mine pending the deactivation or destruction of the mine, or transfer an anti-personnel mine for the purposes of deactivating or destroying the mine, or deactivate or destroy an anti-personnel mine: d: a member of the Armed Forces may, in the course of his or her duties, participate in operations, exercises, or other military activities with armed forces of a State not a party to the Convention that engage in conduct prohibited by section 7(1) Anti-Personnel Mines Convention Implementation Act 1997 ch 33 ss 6(3), 7 (Canada) 3: Seizure, forfeiture, and deactivation or destruction of anti-personnel mines 9: Seizure, forfeiture, and deactivation or destruction of anti-personnel mines An anti-personnel mine in respect of which an offence against section 7(2) a: may be seized without warrant by an officer; and b: if not owned by the Crown, is forfeit to the Crown; and c: must either be— i: authorised under section 11 ii: deactivated or destroyed by an officer and, pending deactivation or destruction, be retained as the Minister thinks fit. 1996 No 37 s 7 10: Application of Customs and Excise Act 2018 All the provisions of the Customs and Excise Act 2018 section 388(1)(a) or (b) section 7(1)(d) subpart 4 Section 10 replaced 1 October 2018 section 443(3) Customs and Excise Act 2018 11: Minister may authorise anti-personnel mines for certain purposes 1: For the purposes of developing, or training persons in, techniques of mine detection, mine clearance, mine deactivation, or mine destruction, the Minister may from time to time, by notice in writing, authorise anti-personnel mines to be used, developed, produced, otherwise acquired, possessed, retained, or transferred. 2: A notice under subsection (1) may not be made if the making of the notice will result in the total number of mines authorised by all notices made under subsection (1) 3: The Minister must from time to time specify, by notice in the Gazette Anti-Personnel Mines Convention Implementation Act 1997 ch 33 s 10 (Canada) 4: Information and documents 12: Purpose of this Part 1: The purpose of this Part is to ensure— a: that anti-personnel mines are used, developed, produced, otherwise acquired, retained, or transferred only for purposes not prohibited under the Convention; and b: that the Secretary has knowledge of dealings with anti-personnel mines that facilitates the making of New Zealand's reports or clarifications under the Convention; and c: that New Zealand is otherwise able to fulfil its obligations under the Convention. 2: Any power under this Part may be exercised only for that purpose. 1996 No 37 s 12 13: Supply of information 1: Any person who uses, develops, produces, otherwise acquires, possesses, retains, or transfers an anti-personnel mine must— a: notify the Minister of the anti-personnel mine as soon as practicable after this Act commences to apply to the mine, by giving written notice in a form approved by the Secretary and containing the information required by the form; and b: keep records in relation to the anti-personnel mine, and the purpose to which the anti-personnel mine is put; and c: prepare, from those records, periodic reports relating to the anti-personnel mine in a form approved by the Secretary; and d: send those periodic reports to the Secretary at intervals specified by the Minister or by regulations made under this Act. 2: The records and reports under subsection (1)(b) to (d) must be sufficient to enable the Minister to determine whether the Convention and the provisions of this Act and any regulations made under this Act are being complied with. 3: Every person who, without reasonable excuse, refuses or fails to comply with subsection (1) commits an offence. 4: Every person who commits an offence against subsection (3) is liable on 1996 No 37 s 13 Section 13(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 14: Secretary may seek information 1: This section applies if the Secretary considers that any person is capable of giving information that is relevant to— a: a report or clarification required to be given by New Zealand to the Secretary-General under the Convention; or b: the implementation of the Convention or the enforcement of this Act. 2: The Secretary may, by written notice given to a person, require the person to give to the Secretary such information as is specified in the notice, within such reasonable period and in such manner as is specified in the notice. 3: Information required by a notice under subsection (2) must be given in writing and,— a: if given by a natural person, must be signed by the person; and b: if given by a body corporate, must be signed by an officer authorised to sign on behalf of the body corporate. 4: The Secretary may, by written notice given to a person, require the person to give to the Secretary particular documents, or documents of a particular kind, specified in the notice, within such reasonable period as is specified in the notice. 5: The power of the Secretary under this section to require a person to give information or documents to the Secretary is in addition to any obligation to give information or documents that the person may have under section 13 1996 No 37 s 14 15: Failure to supply information an offence 1: Every person commits an offence who, without reasonable excuse, fails to comply with a notice under section 14 2: Every person who commits an offence against subsection (1) is liable on Section 15(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 16: False or misleading statements and documents 1: Every person commits an offence who, in any document prepared under this Part, makes a statement or omits any matter knowing that, or being reckless as to whether, the statement or omission makes the document false or misleading in a material particular. 2: Every person who commits an offence against subsection (1) is liable on 1996 No 37 s 15 Section 16(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 5: Fact-finding missions Purpose of this Part 17: Purpose of this Part The purpose of this Part is to facilitate fact-finding missions under the Convention by— a: confirming the right of members of a fact-finding mission to inspect places in New Zealand in accordance with the Convention; and b: enabling New Zealand officers to secure access for a member of a fact-finding mission where consent is not, or may not be, obtainable; and c: enabling New Zealand officers to accompany or assist a member of a fact-finding mission. 1996 No 37 s 16 Access by fact-finding missions 18: Fact-finding missions A member of a fact-finding mission has the right, and every person must permit a member of a fact-finding mission, to— a: enter a place in accordance with the Convention; and b: inspect the place in accordance with the Convention; and c: exercise, in connection with the fact-finding mission, a function contemplated, or a power provided for, in the Convention. 1996 No 37 s 18 19: Officers who may accompany member of fact-finding mission 1: To facilitate a fact-finding mission, a member of a fact-finding mission may be accompanied by any officer. 2: Despite subsection (1), a person appointed by the Minister under section 4(2) Directions 20: Ministerial directions 1: The Minister may, by notice in writing, issue directions to any person for the purpose of facilitating any fact-finding mission under the Convention. 2: The Minister may, under subsection (1), direct a person to provide to a fact-finding mission, by speaking to a member of the mission or otherwise, any information related to a compliance issue specified in a direction, within such reasonable period as is specified in the direction. 3: Every person commits an offence who wilfully fails to comply with a direction given by the Minister under this section. 4: Every person who commits an offence against subsection (3) is liable on 1996 No 37 s 20 Section 20(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 New Zealand assistance with fact-finding missions 21: Identification certificates The Minister may issue a certificate identifying any member of a fact-finding mission or any officer who may accompany a member of a fact-finding mission. 1996 No 37 s 22 Enforcement 22: Search warrants 1: An issuing officer (within the meaning of section 3 subpart 3 2: An application under subsection (1)— a: may not be made unless the consent of a person in control of the place is not, or may not be, obtainable; and b: c: must include a copy of relevant provisions of the Convention and a copy of the documents (if any) authorising the fact-finding mission. 3: For the purposes of subsection (2)(a), consent 4: The provisions of subparts 1 3 4 7 9 10 Section 22(1) amended 1 October 2012 section 311(2) Search and Surveillance Act 2012 Section 22(2)(b) repealed 1 October 2012 section 311(3) Search and Surveillance Act 2012 Section 22(4) replaced 1 October 2012 section 311(4) Search and Surveillance Act 2012 23: Obligations of officers accompanying member of fact-finding mission 1: Every officer who accompanies a member of a fact-finding mission on an inspection— a: must carry any identification certificate issued to him or her under section 21 b: must produce the identification certificate or other means of identification to any person appearing to be in charge of a place entered— i: on entering the place (if such a person is then present); and ii: at any reasonable time afterwards, if asked to do so by the person; and c: must have any warrant (whether issued under section 22 d: if any thing is seized, must ensure that an occupier or person in charge of the place is given a written inventory of all things seized. 2: If there is no person appearing to be in charge of the place at any time between the time of entry and the time the inspection concerned has been completed, every officer who accompanies a member of a fact-finding mission on the inspection must, as soon as practicable after the inspection is completed, ensure that an occupier or person in charge of the place is given a written notice stating that the place has been entered, and specifying— a: the time and date of entry: b: the circumstances and purpose of entry: c: the name of every person entering. 3: If an officer who is not a constable 1996 No 37 s 25 Section 23(3) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 24: Obstruction of member of fact-finding mission 1: Every person commits an offence who wilfully obstructs, hinders, resists, or deceives any member of a fact-finding mission who is exercising in New Zealand any function contemplated, or any power provided for, in the Convention. 2: Nothing in subsection (1) applies to a refusal to give consent to entry by a member of a fact-finding mission who is not acting pursuant to a search warrant (whether issued under section 22 3: Every person who commits an offence against subsection (1) is liable on 1996 No 37 s 26 Section 24(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 6: Miscellaneous provisions Self-incrimination 25: Self-incrimination 1: A person is not excused from answering a question or giving any information or document under this Act or the Convention on the ground that to do so may incriminate or tend to incriminate that person. 2: A self-incriminating statement or document made or given under this Act or the Convention is not admissible as evidence in criminal proceedings against that person except on the prosecution of that person for an offence against section 16(1) 1996 No 37 s 28 Regulations 26: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: providing for any matter that is necessary or desirable for the purpose of implementing the Convention: b: prescribing offences in respect of the contravention of or non-compliance with any provision of any regulations made under this section, and prescribing fines, not exceeding $5,000, that may, on c: providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration. 2: The Governor-General may from time to time, by Order in Council,— a: amend the Schedule b: revoke the Schedule 3: The following are secondary legislation ( see Part 3 a: regulations under this section: b: an order under subsection (2). 1996 No 37 s 29 The following table is small in size and has 3 columns that are grouped under the 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 26(1)(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 26(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Application to Tokelau 27: Application to Tokelau 1: Subject to subsections (2) to (4), this Act is in force in Tokelau. 2: A prosecution for an offence under this Act alleged to have been committed in Tokelau is to be heard and determined by the High Court of New Zealand in the exercise of its powers under section 3 3: An application for a search warrant under section 22(1) 4: In the application of this Act to Tokelau, unless the context otherwise requires,— a: a reference in this Act to New Zealand (when used as a territorial description) is a reference to Tokelau: b: the reference to the Minister in section 20 Amendments to Arms Act 1983 28: Interpretation Amendment(s) incorporated in the Act(s) 29: Act to bind the Crown Amendment(s) incorporated in the Act(s) 30: Further amendments to Arms Act 1983 Amendment(s) incorporated in the Act(s)

DLM426492

1998

Family Proceedings Amendment Act 1998

1: Short Title This Act may be cited as the Family Proceedings Amendment Act 1998, and is part of the Family Proceedings Act 1980 the principal Act 2: Counselling fees and expenses This section substituted s 12B(b) 3: Appointment of barrister or solicitor to assist Court or represent children This section substituted s 162(3)(b) 4: Consequential amendment This section amended Schedule 1 Department of Justice (Restructuring) Act 1995

DLM428136

1998

Oaths and Declarations Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the Oaths and Declarations Amendment Act 1998, and is part of the Oaths and Declarations Act 1957 the principal Act 2: This Act comes into force on the date on which this Act receives the Royal assent. 2: Unlawful administration of oaths This section amended s 6(3) 3: Persons required to take judicial oath This section amended Schedule 2

DLM426255

1998

Children, Young Persons, and Their Families Amendment Act 1998

1: Short Title This Act may be cited as the Children, Young Persons, and Their Families Amendment Act 1998, and is part of the Children, Young Persons, and their Families Act 1989 the principal Act 2: Appeals from decisions of Family Courts This section amended s 341(1) 3: Procedure for bringing appeal This section substituted s 342 4: Procedure on appeal This section substituted s 346 5: Transitional provision relating to appeals from Family Court to High Court 1: Despite the commencement of this Act, sections 341 342 346 a: The hearing of any appeal has commenced before the date on which this Act comes into force; or b: The High Court has set down a date for the hearing of an appeal before the date on which this Act comes into force. 2: Despite the commencement of this Act, an appeal against an interim order lodged with the Court before the commencement of this Act does not require the leave of the Court.

DLM426408

1998

Crimes Amendment Act 1998

1: Short Title This Act may be cited as the Crimes Amendment Act 1998, and is part of the Crimes Act 1961 the principal Act 2: Money laundering 1: This subsection amended s 257A(2) (3) 2: This subsection substituted s 257A(6) s 257A(6A) (6B) 3: When bail not allowable Section 3 repealed 1 January 2001 74(2) Bail Act 2000 See section 75 4: Refusal of witness to give evidence This section substituted s 352(3) 5: Appeal against order in respect of costs This section inserted s 379CA

DLM426652

1998

Investment Advisers (Disclosure) Amendment Act 1998

1: Short Title This Act may be cited as the Investment Advisers (Disclosure) Amendment Act 1998, and is part of the Investment Advisers (Disclosure) Act 1996 the principal Act 2: Interpretation 1: This subsection substituted paragraph (b) investment broker broker 2: This subsection substituted the definitions of the terms investment money money s 2(1) 3: This subsection substituted the definitions of the terms investment property property s 2(1) 3: Initial disclosure by investment advisers and investment brokers 1: This subsection amended s 3(2) 2: This subsection amended s 3(3)

DLM429089

1998

Ngāi Tahu Claims Settlement Act 1998

1: Short Title and commencement 1: This Act may be cited as the Ngāi Tahu Claims Settlement Act 1998. 2: This Act comes into force on the day on which an Order in Council is made by the Governor-General for that purpose on the recommendation of the Prime Minister. 3: The Prime Minister must not recommend the making of an Order in Council to bring this Act into force unless the Prime Minister has been advised by Te Rūnanga o Ngāi Tahu in writing that this Act is acceptable to Te Rūnanga o Ngāi Tahu. 4: Once the Prime Minister receives written advice from Te Rūnanga o Ngāi Tahu that this Act is acceptable to Te Rūnanga o Ngāi Tahu, within 20 business days of receiving that advice, the Prime Minister must recommend to the Governor-General in Executive Council that an Order in Council be made to bring this Act into force, and the Order in Council must be made. 5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 1 October 1998 clause 2 Ngāi Tahu Claims Settlement Act Commencement Order 1998 Section 1(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 2: Expiry If an Order in Council is not made under section 1(2) 3: Act to bind the Crown This Act binds the Crown. 1: Apology by the Crown to Ngāi Tahu 4: Apology This Part records the apology given by the Crown to Ngāi Tahu in the deed of settlement. 5: Text in Māori The text of the apology in Māori is as follows: 1: Kei te mōhio te Karauna i te tino roa o ngā tūpuna o Ngāi Tahu e totohe ana kia utu mai rātou e te Karauna—tata atu ki 150 ngā tau i puta ai tēnei pēpeha a Ngāi Tahu arā: He mahi kai tākata, he mahi kai hoaka ‘Koia nei te whakahau a tōu aroha i whiua e koe ki runga i ēnei kāwana... tērā kia whakakotahitia te ture, kia whakakotahitia ngā whakahau, kia ōrite ngā āhuatanga mō te kiri mā kia rite ki tō te kiri waitutu, me te whakatakoto i te aroha o tōu ngākau pai ki runga i te iwi Māori kia noho ngākau pai tonu ai rātou me te mau mahara tonu ki te mana o tōu ingoa.’ Nā konei te Karauna i whakaae ai tērā, te taumaha o ngā mahi a ngā tūpuna o Ngāi Tahu, nā rēira i tū whakaiti atu ai i nāianei i mua i ā rātou mokopuna. 2: E whakaae ana te Karauna ki tōna tino hēanga, tērā i takakino tāruaruatia e ia ngā kaupapa o te Tiriti o Waitangi 3: E whakaae ana te Karauna tērā, i roto i tāna takakino i te wāhanga tuarua o te Tiriti, kāore ia i whai whakaaro ki te manaaki, ki te tiaki rānei i ngā mauanga whenua a Ngāi Tahu me ngā tino taonga i hiahia a Ngāi Tahu ki te pupuri. 4: E mōhio ana te Karauna tērā, kāore ia i whai whakaaro ki a Ngāi Tahu i runga i te ngākau pono o roto i ngā tikanga i pūtake mai i te mana o te Karauna. Nā tāua whakaaro kore a te Karauna i puaki mai ai tēnei pēpeha a Ngāi Tahu: Te Hapa o Niu Tīreni Te mate o te iwi 5: E whakaae ana te Karauna tērā, mai rāno te piri pono o Ngāi Tahu ki te Karauna me te kawe pono a te iwi i ā rātou kawenga i raro i te Tiriti o Waitangi 6: E whakapuaki atu ana te Karauna ki te iwi whānui o Ngāi Tahu i te hōhonu o te āwhitu a te Karauna mō ngā mamaetanga, mō ngā whakawhiringa i pūtake mai nō roto i ngā takakino a te Karauna i takaongetia ai a Ngāi Tahu Whānui. E whakaae ana te Karauna tērā, aua mamaetanga me ngā whakawhiringa hoki i hua mai nō roto i ngā takakino a te Karauna, arā, kāore te Karauna i whai i ngā tohutohu a ngā pukapuka ā-herenga i tōna hokonga mai i ngā whenua o Ngāi Tahu, kāore hoki te Karauna i wehe ake kia rawaka he whenua mō te iwi, hei whakahaere mā rātou i ngā āhuatanga e whai oranga ai rātou, kāore hoki te Karauna i hanga i tētahi tikanga e maru motuhake ai te mana o Ngāi Tahu ki runga i ā rātou pounamu me ērā atu tāonga i hiahia te iwi ki te pupuri. Kore rawa te Karauna i aro ake ki ngā aurere a Ngāi Tahu. 7: E whakapāha ana te Karauna ki a Ngāi Tahu mō tōna hēanga, tērā, kāore ia i whai whakaaro mō te rangatiratanga o Ngāi Tahu, ki te mana rānei o Ngāi Tahu ki runga i ōna whenua ā-rohe o Te Wai Pounamu, nā rēira, i runga i ngā whakaritenga me ngā herenga a Te Tiriti o Waitangi 8: E ai mō ngā iwi katoa o Aotearoa e hiahia ana te Karauna ki te whakamārie i ngā hara kua whākina ake nei—otirā, ērā e taea i nāianei - i te mea kua āta tau ngā kōrero tūturu ki roto i te pukapuka ā-herenga whakaritenga i hainatia i te 21 o ngā rā o Whitu hei tīmatanga whai oranga i roto i te ao hōu o te mahinga tahi a te Karauna rāua ko Ngāi Tahu. 6: Text in English The text of the apology in English is as follows: 1: The Crown recognises the protracted labours of the Ngāi Tahu ancestors in pursuit of their claims for redress and compensation against the Crown for nearly 150 years, as alluded to in the Ngāi Tahu proverb He mahi kai tākata, he mahi kai hoaka It is work that consumes people, as greenstone consumes sandstone ‘This was the command thy love laid upon these Governors… that the law be made one, that the commandments be made one, that the nation be made one, that the white skin be made just equal with the dark skin, and to lay down the love of thy graciousness to the Māori that they dwell happily… and remember the power of thy name.’ The Crown hereby acknowledges the work of the Ngāi Tahu ancestors and makes this apology to them and to their descendants. 2: The Crown acknowledges that it acted unconscionably and in repeated breach of the principles of the Treaty of Waitangi in its dealings with Ngāi Tahu in the purchases of Ngāi Tahu land. The Crown further acknowledges that in relation to the deeds of purchase it has failed in most material respects to honour its obligations to Ngāi Tahu as its Treaty partner, while it also failed to set aside adequate lands for Ngāi Tahu's use, and to provide adequate economic and social resources for Ngāi Tahu. 3: The Crown acknowledges that, in breach of Article Two of the Treaty, it failed to preserve and protect Ngāi Tahu's use and ownership of such of their land and valued possessions as they wished to retain. 4: The Crown recognises that it has failed to act towards Ngāi Tahu reasonably and with the utmost good faith in a manner consistent with the honour of the Crown. That failure is referred to in the Ngāi Tahu saying Te Hapa o Niu Tireni! The unfulfilled promise of New Zealand Te mate o te iwi The malaise of the tribe 5: The Crown recognises that Ngāi Tahu has been consistently loyal to the Crown, and that the tribe has honoured its obligations and responsibilities under the Treaty of Waitangi and duties as citizens of the nation, especially, but not exclusively, in their active service in all of the major conflicts up to the present time to which New Zealand has sent troops. The Crown pays tribute to Ngāi Tahu's loyalty and to the contribution made by the tribe to the nation. 6: The Crown expresses its profound regret and apologises unreservedly to all members of Ngāi Tahu Whānui for the suffering and hardship caused to Ngāi Tahu, and for the harmful effects which resulted to the welfare, economy and development of Ngāi Tahu as a tribe. The Crown acknowledges that such suffering, hardship and harmful effects resulted from its failures to honour its obligations to Ngāi Tahu under the deeds of purchase whereby it acquired Ngāi Tahu lands, to set aside adequate lands for the tribe's use, to allow reasonable access to traditional sources of food, to protect Ngāi Tahu's rights to pounamu and such other valued possessions as the tribe wished to retain, or to remedy effectually Ngāi Tahu's grievances. 7: The Crown apologises to Ngāi Tahu for its past failures to acknowledge Ngāi Tahu rangatiratanga and mana over the South Island lands within its boundaries, and, in fulfilment of its Treaty obligations, the Crown recognises Ngāi Tahu as the tāngata whenua of, and as holding rangatiratanga within, the Takiwā of Ngāi Tahu Whānui. 8: Accordingly, the Crown seeks on behalf of all New Zealanders to atone for these acknowledged injustices, so far as that is now possible, and, with the historical grievances finally settled as to matters set out in the Deed of Settlement signed on 21 November 1997, to begin the process of healing and to enter a new age of co-operation with Ngāi Tahu. 2: Interpretation 7: Interpretation of Act generally It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement. 8: Interpretation of terms In this Act, unless the context otherwise requires,— administering body section 2 allocation plans ancillary claims section 339 ancillary claims trustees section 339 Aoraki forest section 7 Aoraki/Mount Cook section 14 aquatic life section 2 area plan section 102 attempt to dispose of relevant land section 48 authorisation sections 316 to 320 section 315 available Crown forestry assets bed of Lake Mahināpua section 191 bed of Muriwai (Coopers Lagoon) section 183 bed of Te Waihora section 167 benchmark terms section 48 beneficiary section 339 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: a day in the period commencing with 25 December in any year and ending with the close of 5 January in the following year; and c: the days observed as the anniversaries of the provinces of Wellington and Canterbury charter section 16 chief executive claim property section 339 coastal marine area section 2 commencement date sections 334 to 337 section 333 commercial settlement property section 44 committee Part 13 section 328 concession Conservation Act 1987 National Parks Act 1980 Reserves Act 1977 Wildlife Act 1953 consent authority section 205 conservation section 2 conservation area section 2 conservation board section 2 conservation management plan section 2 conservation management strategy section 2 Crown a: except for the purposes of Part 9 b: for the purposes of Part 9 section 2(1) Crown body , a State enterprise, or a mixed ownership model company, or a company that is wholly-owned by a Crown entity, a State enterprise, or a mixed ownership model company Part 9 section 50(j) Crown entity section 2(1) Part 9 Crown forest land Crown Forestry Rental Trust Crown Forest Assets Act 1989 Crown Tītī Islands section 333 customary fishing entitlement section 339 deed maps deed of gift section 14 deed of recognition section 205 deed of settlement Director-General section 2 disposal notice section 48 dispose of relevant land section 48 effective date a: for the purposes of Part 10 section 102 b: for the purposes of Part 12 section 205 encumbrance Parts 11 13 14 15 17 section 469 endangered species section 287 entitlement area section 371 entitlement land a: for the purposes of Part 12 section 255 b: for the purposes of Part 14 section 354 escrow agent section 14 exclusive economic zone section 9 Fenton entitlement section 339 Fenton reserves section 354 Fiordland National Park National Parks Act 1980 Fish and Game Council section 2 forestry asset forestry right freshwater section 2 freshwater fish section 2 gift areas section 102 gift date section 14 Heritage New Zealand Pouhere Taonga section 9 historic reserve section 18 historic resources section 2 holder a: for the purposes of Part 12 section 255 b: for the purposes of Part 14 section 354 improvements Part 7 individual transferable quota section 297 joint management plan Part 11 section 167 Kahurangi National Park National Parks Act 1980 lake sections 206 to 222 Schedules 14 to 77 section 205 land a: for the purposes of Part 6 section 29 b: for the purposes of Part 7 land holding agent a: for the purposes of Part 12 section 255 b: for the purposes of sections 355 to 370 section 354 c: for the purposes of sections 372 to 386 section 371 lease Part 9 section 48 leaseback conservation areas section 102 licensed land mahinga kai sections 177 to 182 section 167 maimai section 119 Māori freehold land section 4 Māori land section 2 Mararoa Valley area section 102 marginal strip section 2 Māwhera Incorporation clause 3(1) section 357 memorials State-Owned Enterprises Act 1986 Education and Training Act 2020 New Zealand Railways Corporation Restructuring Act 1990 Minister a: for the purposes of Part 13 b: for the purposes of Part 15 mixed ownership model company section 45P Mount Cook National Park National Parks Act 1980 national park section 2 national park management plan section 2 native game birds sections 278 to 280 section 277 natural resources section 2 nature reserve section 20 New Zealand Conservation Authority section 2 New Zealand Fish and Game Council section 2 New Zealand fisheries waters section 2 Ngā Whenua Rāhui kawenata section 2 Ngāi Tahu ancillary claims trust section 339 Ngāi Tahu claim area a: the takiwā of Ngāi Tahu Whānui; and b: the coastal marine area adjacent to the coastal boundary of the takiwā of Ngāi Tahu Whānui; and c: the New Zealand fisheries waters within the coastal marine area and exclusive economic zone adjacent to the seaward boundary of that coastal marine area;— and, for the purposes of this definition, the northern sea boundaries of the coastal marine area have been determined using the equidistance principle, and the northern sea boundaries of the exclusive economic zone have been determined using the perpendicular to the meridian principle from the seaward boundary of the coastal marine area (with provision to exclude part of the New Zealand fisheries waters around the Chatham Islands) Ngāi Tahu claimant a: Te Rūnanga o Ngāi Tahu: b: any claimant in respect of any ancillary claims: c: Ngāi Tahu: d: 1 or more individuals, whānau, marae, hapū, or Papatipu Rūnanga of Ngāi Tahu: e: any person acting on behalf of any of the above Ngāi Tahu claims section 10 Ngāi Tahu Crown forestry licence Ngāi Tahu historical claims section 10(1)(b) and (c) Ngāi Tahu recipient a: any member of Ngāi Tahu Whānui (or any entity representing any such member); or b: the ancillary claims trustees; or c: any person nominated by Te Rūnanga o Ngāi Tahu under clause 20.9 of the deed of settlement— to which any redress is provided, or any property is transferred, pursuant to the deed of settlement or in which any property is vested pursuant to this Act Ngāi Tahu values section 237 nohoanga entitlements section 255 non-commercially harvested species section 297 original beneficiaries section 446 Papatipu Rūnanga section 9 protection section 2 protocol section 281 public valuer section 2 QMA section 297 QMS section 297 quota Part 12 section 297 Rakiura Māori section 333 Rakiura Tītī Committee section 333 recording officer regulation 2 recovery plan section 287 recreation reserve section 17 Registrar section 4 relevant land Part 9 section 48 representative body Part 14 section 354 reserve section 2 resource consent section 205 river sections 206 to 222 Schedules 14 to 77 section 205 scenic reserve section 19 scientific reserve section 21 settlement settlement date section 1(2) settlement property a: is to be transferred to, or vested in, a Ngāi Tahu recipient; or b: Te Rūnanga o Ngāi Tahu may select to have transferred to, or vested in, a Ngāi Tahu recipient Shellfish Species section 297 Shellfish Species TACC section 297 SILNA lands section 446 sites sections 231 to 236 section 230 South Island fisheries waters section 297 special land section 48 special land notice section 48 species recovery group section 287 specified settlement property section 469 State enterprise section 2 station areas section 102 statutory acknowledgement section 205 statutory adviser sections 231 to 236 section 230 statutory areas section 205 subject areas section 312 successor Part 15 section 446 successors Part 14 section 339 takiwā of Ngāi Tahu Whānui section 5 taonga fish species section 297 taonga species section 287 Te Rūnanga o Ngāi Tahu section 6 threatened species section 287 Tōpuni section 237 total allowable commercial catch section 297 transfer value Part 11 section 138 trees Part 7 tribal properties Part 11 section 138 trust deed section 339 vesting date section 14 waterway Parts 12 14 a: a lake, being a body of fresh water which is entirely or nearly surrounded by land; or b: a river, being a continually or intermittently flowing body of fresh water, and includes a stream and modified water course, but does not include any artificial water course (including an irrigation canal, water supply race, canal for the supply of water for electricity power generation, and farm drainage canal) wetland sections 206 to 222 Schedules 14 to 77 section 205 wildlife section 2 working day section 48 Section 8 business day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 8 Crown body amended 30 June 2012 section 11 Public Finance (Mixed Ownership Model) Amendment Act 2012 Section 8 District Land Registrar repealed 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 8 Heritage New Zealand Pouhere Taonga inserted 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 8 memorials amended 1 August 2020 section 668 Education and Training Act 2020 Section 8 mixed ownership model company inserted 30 June 2012 section 11 Public Finance (Mixed Ownership Model) Amendment Act 2012 Section 8 Registrar inserted 1 February 1999 Land Transfer (Automation) Amendment Act 1998 9: Meaning of Ngāi Tahu and Ngāi Tahu Whānui 1: For the purposes of this Act and any other enactment, unless the context otherwise requires, Ngāi Tahu Ngāi Tahu Whānui 2: Amendment(s) incorporated in the Act(s) 10: Meaning of Ngāi Tahu claims 1: In this Act, Ngāi Tahu claims a: means all claims made at any time by any Ngāi Tahu claimant and— i: founded on rights arising in or by the Treaty of Waitangi ii: arising out of or relating to any loss of interests in land, water, rivers, harbours, coastal marine areas, minerals, forests, or any natural and physical resources in the Ngāi Tahu claim area, caused by acts or omissions by or on behalf of the Crown or by or under legislation, being a loss that occurred before 21 September 1992— whether or not the claims have been researched, registered, or notified; and b: includes all of the claims made by Ngāi Tahu against the Crown arising from those historical grievances of Ngāi Tahu which are referred to in the following Ngāi Tahu Wai 27 claims to the Waitangi Tribunal: i: general claim of 26 August 1986: ii: amended claim of 24 November 1986: iii: amended claim of 16 December 1986: iv: amended claim of 2 June 1987: v: amended claim of 5 September 1987: vi: amended claim of 13 April 1988: vii: amended claim of 20 December 1994: viii: amended claim of 12 June 1995: ix: amended claim of 6 July 1995: x: amended statement of claim of 7 May 1996; and c: includes all Wai 27 ancillary claims made to the Waitangi Tribunal; and d: includes the claims to the Waitangi Tribunal designated Wai 189, Wai 322, Wai 324, Wai 348, Wai 380, Wai 482, Wai 498, Wai 597, Wai 618, and Wai 622; but e: excludes the claim to the Waitangi Tribunal designated Wai 158, but such exclusion does not apply to any part of Wai 158 that might relate to the original allocation of land under the South Island Landless Natives Act 1906, being a matter dealt with in the Wai 27 claims referred to in paragraph (b); and f: excludes claims, insofar as they relate to language and culture, which are not claims which come within paragraphs (a) to (d). 2: In subsection (1),— interest loss natural and physical resources section 2 11: Maori Reserved Land Act 1955 Nothing in this Act or in the deed of settlement prevents any Ngāi Tahu claimant from receiving redress under the Maori Reserved Land Act 1955 12: Parts of speech and grammatical forms Parts of speech and grammatical forms of a word that is defined in this Act have corresponding meanings in this Act. 3: Aoraki/Mount Cook 13: Purpose of this Part The purpose of this Part is to provide for the legislative matters contemplated by section 3 (Aoraki/Mount Cook) of the deed of settlement. 14: Interpretation In this Part,— Aoraki/Mount Cook deed of gift escrow agent gift date Mount Cook National Park National Parks Act 1980 vesting date 15: Vesting of Aoraki/Mount Cook in Te Rūnanga o Ngāi Tahu 1: The Prime Minister must recommend to the Governor-General before the vesting date that an Order in Council be made pursuant to subsection (2). 2: The Governor-General, by Order in Council made on the recommendation of the Prime Minister, must vest the fee simple estate in Aoraki/Mount Cook in Te Rūnanga o Ngāi Tahu on the vesting date. 3: An Order in Council made pursuant to subsection (2) takes effect notwithstanding anything in the National Parks Act 1980 section 11 Part 10 4: The Prime Minister must ensure that an order under this section is published in the Gazette Section 15(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 16: Gift of Aoraki/Mount Cook by Te Rūnanga o Ngāi Tahu 1: Te Rūnanga o Ngāi Tahu must deliver to the Prime Minister or the Prime Minister's nominee on the gift date the deed of gift, duly executed by Te Rūnanga o Ngāi Tahu. 2: Upon delivery to the Prime Minister or the Prime Minister's nominee of the deed of gift referred to in subsection (1) on the gift date, the fee simple estate in Aoraki/Mount Cook vested in Te Rūnanga o Ngāi Tahu by the Order in Council referred to in section 15 3: If, for any reason, the deed of gift referred to in subsection (1) is not delivered to the Prime Minister by 3 pm on the gift date, the escrow agent must deliver to the Prime Minister or the Prime Minister's nominee the executed counterpart of that deed of gift, upon receipt by the escrow agent of a notice to that effect from the Prime Minister or the Prime Minister's nominee. 4: In the event that the escrow agent delivers the executed counterpart of the deed of gift to the Prime Minister or the Prime Minister's nominee pursuant to subsection (3), subsection (2) applies as if the deed of gift referred to in subsection (1) had been delivered to the Prime Minister or the Prime Minister's nominee pursuant to that subsection. 17: Certain laws not affected Aoraki/Mount Cook is and remains part of the Mount Cook National Park, and every regulation, lease, licence, and other instrument in effect immediately before the vesting date in respect of the Mount Cook National Park under the National Parks Act 1980 a: section 7(1)(a) b: the vesting referred to in section 15 c: the gift back referred to in section 16 d: the fact that Aoraki/Mount Cook is vested in Te Rūnanga o Ngāi Tahu during the period on and from the vesting date to the gift date. 18: No gift duty No gift duty is payable in respect of the gifting of Aoraki/Mount Cook pursuant to section 16 4: Transfer and vesting of settlement properties 19: Purpose of this Part The purpose of this Part is to provide for certain legislative matters required to facilitate the transfer or vesting of settlement properties by the Crown pursuant to the deed of settlement. 20: Transfer and vesting of settlement properties 1: Notwithstanding any other enactment or rule of law, for the purposes of giving effect to the deed of settlement, the Crown (acting through the Commissioner of Crown Lands) is authorised to do any 1 or more of the following: a: purchase or otherwise acquire any settlement property from a Crown body: b: grant or take a lease of any settlement property to or from any Crown body: c: transfer any settlement property to any Ngāi Tahu recipient: d: sign any memorandum of transfer or lease, or any other document, or do any other thing for the purposes of any such purchase, acquisition, lease, or transfer. 2: Except as expressly provided otherwise in, or by operation of, this Act, section 40 sections 41 42 3: Except as expressly provided otherwise in, or by operation of, this Act, nothing in subsection (1) limits— a: subsections (4) and (5); or b: sections 10 11 c: any other reservation made by any enactment or statutory instrument; or d: any other enactment which must be complied with before any disposal. 4: Notwithstanding section 40 section 21 5: Nothing in the Land Act 1948 6: Nothing in the Land Act 1948 7: The permission of a council (within the meaning of Part 21 8: Sections 24 25 9: Except as expressly provided in this Act, where the reservation of land as a reserve is revoked by this Act, the land vests in the Crown. 10: Where— a: a settlement property is transferred to a Ngāi Tahu recipient pursuant to the deed of settlement; and b: the settlement property is transferred subject to any lease between the Crown or any Minister of the Crown, as lessor, and another person, as lessee,— then any reference to the Crown or a Minister of the Crown in that lease is deemed to be a reference to the owner for the time being of the lessor's interest. 11: In this section and in section 21 Crown body 21: Power of the Crown to acquire property compulsorily for purpose of settlement 1: Where the Crown is obliged by the deed of settlement to transfer to a Ngāi Tahu recipient, or where this Act provides for the vesting in a Ngāi Tahu recipient of, a settlement property to which this section applies, the Minister of the Crown for the time being responsible for the administration of the Land Act 1948 a: any Minister of the Crown for the time being responsible for a Crown body which is the owner of the settlement property; and b: any Minister of the Crown who is a shareholder of such a body,— acquire the property pursuant to Part 2 Parts 2, 4 5 6 7 Schedules 1 3 4 5 Schedule 3 2: The settlement properties to which subsection (1) applies are the properties of a Crown body. 3: The existence on the certificate of title to any settlement property acquired pursuant to subsection (1) of a memorial pursuant to any of the enactments referred to in section 463 Public Works Act 1981 4: Where a lease of a settlement property acquired pursuant to subsection (1) has been, or is to be, granted to the body from whom the property is acquired, that lease must be taken into account in any assessment of compensation made pursuant to the Public Works Act 1981 5: In this section, Crown body section 20(11) 5: Transfer of commercial properties—Subject to deferred selection 22: Purpose of this Part The purpose of this Part is to provide for the legislative matters contemplated by section 5 23: Hagley Nurses Home 1: In this section, Hagley Nurses Home Schedule 4 2: Notwithstanding section 3 a: that section of that Act is repealed; and b: the trust created by that section is cancelled; and c: the fee simple estate in the Hagley Nurses Home is free of that trust and any other limitation imposed by that Act or the Christchurch Hospital Act 1887 3: On transfer of the Hagley Nurses Home to a Ngāi Tahu recipient pursuant to the deed of settlement and on receipt by the Registrar Registrar No longer held in trust for a nurses' home and recreation ground subject to the provisions of section 3(2) Section 23(3) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 24: Christchurch Court 1: In this section, Christchurch Court Schedule 4 2: If the Christchurch Court is transferred pursuant to the deed of settlement,— a: Part 4A b: the Ngāi Tahu recipient must grant and do all other things necessary to create, in accordance with section 237B Proposed ROW on Foot in Gross in favour of CCC 25: Isle Street property 1: In this section and section 27 Isle Street property Schedule 4 2: If Te Rūnanga o Ngāi Tahu selects the Isle Street property and complies with its settlement obligations in respect of the Isle Street property,— a: the appointment of the Queenstown Lakes District Council to control and manage the Isle Street property as a reserve is revoked; and b: the reservation of the Isle Street property as a reserve is revoked. 3: As soon as reasonably practicable after the conditions in subsection (2) are met, the chief executive must notify that fact in the Gazette 26: Wanaka plantation 1: In this section and section 27 Wanaka plantation Schedule 4 2: If Te Rūnanga o Ngāi Tahu selects the Wanaka plantation and complies with its settlement obligations in respect of the Wanaka plantation, then the reservation of the Wanaka plantation as a reserve is revoked. 3: As soon as reasonably practicable after the conditions in subsection (2) are met, the chief executive must notify that fact in the Gazette 27: Notice to Queenstown Lakes District Council 1: The Minister of Conservation may, from time to time by written notice to the Queenstown Lakes District Council, direct the Council to do anything that is necessary to enable the Crown to comply with its obligations to Te Rūnanga o Ngāi Tahu under the deed of settlement in respect of the Isle Street property and the Wanaka plantation. 2: The Queenstown Lakes District Council must comply with a notice given under subsection (1). 6: Transfer of farm assets 28: Purpose of this Part The purpose of this Part is to provide for the legislative matters contemplated by section 6 (transfer of farm assets) of the deed of settlement. 29: Interpretation In this Part,— Fiordland National Park National Parks Act 1980 Site A Fiordland National Park Order 1978 A Site B Fiordland National Park Order 1978 A 30: Land excluded from Fiordland National Park 1: Site A and Site B are excluded from the Fiordland National Park. 2: The fee simple estate in Site A and in Site B is vested in Landcorp Farming Limited. 3: Site A is included with the land comprised and described in certificate of title 10A/456 (Southland Land Registry). 4: Site B is included with the land comprised and described in certificate of title 10A/448 (Southland Land Registry). 5: The Registrar Section 30(5) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 7: Transfer of forestry assets 31: Purpose of this Part The purpose of this Part is to provide for the legislative matters contemplated by section 7 (transfer of forestry assets) of the deed of settlement. 32: Interpretation In this Part, the following terms have the meaning given to them in section 7 of the deed of settlement: a: Aoraki forest b: available Crown forestry assets c: Crown forest land d: forestry asset e: forestry right f: improvements g: land h: licensed land i: Ngāi Tahu Crown forestry licence j: trees 33: Certain transfers and grants not subdivisions Nothing in section 11 Part 10 a: a transfer of forestry assets pursuant to section 7 of the deed of settlement; or b: a grant of forestry rights over trees in the Aoraki forests pursuant to section 7 of the deed of settlement. 34: Transfer of Crown forest land to Ngāi Tahu recipient 1: In this section, Crown Forestry Rental Trust Deed section 34 2: Crown forest land that is not licensed land and that is to be transferred to a Ngāi Tahu recipient pursuant to clause 7.3.13 of the deed of settlement is deemed to be licensed land for the purposes of section 8HB 3: The transfer of Crown forest land pursuant to clause 7.3.13 of the deed of settlement is deemed to have been made pursuant to a final recommendation of the Waitangi Tribunal under section 8HB(1)(a) 4: Section 36(1)(b) 5: Section 11(2) 35: Crown forest land not transferred to Te Rūnanga o Ngāi Tahu Licensed land that is an available Crown forestry asset and that is not transferred pursuant to clause 7.3.13 of the deed of settlement is deemed to have been the subject of a final recommendation by the Waitangi Tribunal pursuant to section 8HB(1)(b) 36: Transfer of Aoraki forest land 1: This section applies if land relating to Aoraki forests is transferred pursuant to clause 7.3.13 of the deed of settlement, but trees and improvements on the land are retained by the Crown. 2: At the time of a transfer pursuant to subsection (1), the Crown may reserve, or if not so reserved, the Ngāi Tahu recipient to whom the land is transferred must grant to the Crown, a Ngāi Tahu Crown forestry licence. 3: The terms and conditions of a Ngāi Tahu Crown forestry licence reserved or granted pursuant to subsection (2) must be determined in accordance with clause 7.3.7 and clauses 7.3.9 to 7.3.11 of the deed of settlement. 4: If the terms and conditions as determined pursuant to subsection (3) vary from the terms and conditions set out in the Crown Forest Assets Act 1989 5: The trees and improvements referred to in subsection (1) are to be regarded as assets separate from the land referred to in subsection (1) and capable of separate ownership. 37: Transfer of Aoraki forest trees and improvements 1: This section applies if trees and improvements on land relating to Aoraki forests are transferred pursuant to clause 7.3.13 of the deed of settlement, but the land on which those trees and improvements are situated is not so transferred. 2: The Crown must grant a Ngāi Tahu Crown forestry licence to a Ngāi Tahu recipient in respect of the land referred to in subsection (1). 3: The terms and conditions of a Ngāi Tahu Crown forestry licence granted pursuant to subsection (2) must be determined in accordance with clause 7.3.7 and clauses 7.3.9 to 7.3.11 of the deed of settlement. 4: If the terms and conditions as determined pursuant to subsection (3) vary from the terms and conditions set out in the Crown Forest Assets Act 1989 5: Sections 18 to 28 section 34 6: The trees and improvements referred to in subsection (1) are to be regarded as assets separate from the land referred to in subsection (1) and capable of separate ownership. 38: Disposition of Crown forest land 1: The Crown may sell or dispose of Crown forest land (whether licensed land or not) that is an available Crown forestry asset and that does not become a forestry asset pursuant to clause 7.3.11 of the deed of settlement. 2: Subsection (1) applies notwithstanding sections 35 37 Part 9 39: Covenants to complete survey work 1: The Crown may grant covenants, such as those contained in clause 4.3 of Part II of attachment 7.6 of the deed of settlement, for the purpose of facilitating the completion of a survey, deposit of any survey plan, or the adducing of clear title, in relation to a forestry asset that is to be transferred pursuant to the deed of settlement. 2: Notwithstanding any enactment or rule of law, a covenant granted pursuant to subsection (1) may be registered with the Registrar section 129A Section 39(2) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 40: Section 24H(6) of Conservation Act 1987 to apply Section 24H(6) a: a Ngāi Tahu recipient in relation to any land and trees acquired from the Crown by that Ngāi Tahu recipient pursuant to the deed of settlement; and b: the holder of a Ngāi Tahu Crown forestry licence granted pursuant to sections 36 37 41: Easements 1: The Minister of Conservation may grant any easements which the Minister is required to grant to enable the Crown to comply with clause 4.7 of attachment 7.6 of the deed of settlement. 2: An easement granted pursuant to subsection (1) is enforceable in accordance with its terms, notwithstanding Part 3B 42: Delegation Amendment(s) incorporated in the Act(s) 8: Transfer of assets—General 43: Purpose of this Part The purpose of this Part is to provide for the legislative matters contemplated by section 8 (transfer of assets—general) of the deed of settlement. 44: Interpretation In this Part, commercial settlement property 45: Certain dispositions not subdivisions Nothing in section 11 Part 10 a: the transfer of a commercial settlement property for the purpose of giving effect to the deed of settlement; or b: the lease of a commercial settlement property; or c: any matter incidental to, or required for the purpose of, a transfer or lease of a commercial settlement property for the purpose of giving effect to the deed of settlement. 46: Issue of certificates of title Where the fee simple estate in any commercial settlement property for which no certificate of title has been issued under the Land Transfer Act 1952 a: is vested in, or held by, the Crown; but b: is to be acquired by, or transferred to, a Ngāi Tahu recipient pursuant to the deed of settlement,— then, notwithstanding any other enactment or rule of law, the Registrar Land Transfer Act 1952 Section 46 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 9: Right of first refusal 47: Purpose of this Part The purpose of this Part is to provide for the legislative matters contemplated by section 9 (rights of first refusal) of the deed of settlement. 48: Interpretation 1: In this Part, unless the context otherwise requires,— attempt to dispose of relevant land a: to make an offer to dispose of relevant land to another person; or b: to encourage or invite another person to make an offer to take a disposal of relevant land; or c: to encourage or invite another person to express an interest in taking a disposal of relevant land; or d: to make a counter offer to, or negotiate with, another person about any offer to take a disposal of relevant land benchmark terms a: the terms set out in a disposal notice or a notice given pursuant to section 65 b: the terms of the last of any written offers subsequently made by Te Rūnanga o Ngāi Tahu during the 1-month period specified in section 66 Crown section 2(1) Crown body a: means the Crown (whether acting through a Minister of the Crown or otherwise), a Crown entity, a State enterprise, a mixed ownership model company, or a company that is wholly-owned by a Crown entity, a State enterprise, or a mixed ownership model company b: includes— i: trustees to which section 50(j) ii: any person to whom section 50(m) Crown entity section 2(1) disposal notice section 56(1)(b)(iii) dispose of relevant land a: means— i: to transfer the estate in fee simple of relevant land; or ii: to assign, transfer, or surrender a lease of relevant land if the unexpired term of the lease (including rights of renewal or extensions, whether in the lease or granted separately) is, or could be, for 50 years or longer; or iii: to grant a lease of relevant land if the term of the lease (including rights of renewal or extensions, whether in the lease or granted separately) is, or could be, for 50 years or longer; or iv: in the case of Landcorp Farming Limited Landcorp Farming Limited section 65 b: does not include the vesting of a reserve— i: under section 26 section 26A ii: under another Act, if— A: the reserve is vested in another person to hold and administer as a reserve under the Reserves Act 1977 B: the reserve would revest in the Crown if its status as a reserve were subsequently revoked lease mixed ownership model company section 45P public valuer section 2 relevant land a: that land of The Power Company Limited described in Schedule 5 b: the land in the Ngāi Tahu claim area that on 21 November 1997 was, and on the commencement of this Act, still is,— i: vested in the Crown or held by the Crown under any Act; or ii: vested in another person under section 26 section 26A iii: vested in another person under another Act, if— A: the land is vested in another person to hold and administer as a reserve under the Reserves Act 1977 B: the land would revest in the Crown if its status as a reserve were subsequently revoked: c: the land in the Ngāi Tahu claim area in respect of which the registered proprietor, or the person entitled to be the registered proprietor, of an estate in fee simple or of a leasehold estate in respect of a lease the unexpired term of which (including rights of renewal or of extensions, whether in the lease or granted separately) is, or could be, for 50 years or longer, was on 21 November 1997 and, on the commencement of this Act, still is— i: a Crown health enterprise; or ii: a Crown research institute; or iii: an institution established under subpart 3 iv: Landcorp Farming Limited Landcorp Farming Limited v: the New Zealand Fire Service Commission; or vi: New Zealand Transport Agency d: land forming the consideration or part consideration for a disposal referred to in section 50(g) or (k) e: land included in the processes set out in sections 5 to 7 of the deed of settlement other than— i: land that Te Rūnanga o Ngāi Tahu acquires pursuant to those processes; and ii: land in respect of which the Office of Treaty Settlements is the Vendor Agency specified in the last column of attachment 5.1 of the deed of settlement special land section 58(1) section 63(1) special land notice section 56(1)(b) working day a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and b: a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year. 2: For the purposes of this Part, terms of disposal or of a contract or offer to dispose of relevant land are more favourable compared to other terms of disposal or of a contract or offer to dispose of relevant land if, from a purchaser's point of view, the first-mentioned terms of disposal or of the contract or offer to dispose of the relevant land (taken as a whole and including price) are more favourable compared to the second-mentioned terms of disposal or the contract or offer to dispose of the relevant land (taken as a whole and including price). Section 48(1) dispose of relevant land amended 12 April 2001 clause 4 State-Owned Enterprises (Landcorp Farming Limited) Order 2001 Section 48(1) Crown body amended 30 June 2012 section 11 Public Finance (Mixed Ownership Model) Amendment Act 2012 Section 48(1) mixed ownership model company inserted 30 June 2012 section 11 Public Finance (Mixed Ownership Model) Amendment Act 2012 Section 48(1) relevant land amended 1 August 2020 section 668 Education and Training Act 2020 Section 48(1) relevant land amended 12 April 2001 clause 4 State-Owned Enterprises (Landcorp Farming Limited) Order 2001 Section 48(1) relevant land amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 48(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 48(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 49: Relevant land not to be disposed of except in accordance with this Part A Crown body (or a body that was a Crown body on 21 November 1997 or, if later, on the date which the body first acquired the relevant land concerned) must not dispose of or attempt to dispose of any relevant land except in accordance with this Part. 50: Exceptions Section 49 a: another Crown body; or b: Te Rūnanga o Ngāi Tahu or another person to give effect to the deed of settlement; or c: a person who is entitled to receive an offer made pursuant to: i: section 564(3) ii: section 23(1) section 24(4) iii: section 40 d: the existing tenant of a house on relevant land that is— i: land held on 21 November 1997 for education purposes by the Crown; or ii: land held by a Crown body which, on 21 November 1997, had a policy under which houses that are to be sold are first offered for purchase by the existing tenants; or e: a person who, immediately before the disposal, holds a legal right created on or before 21 November 1997 to purchase the land or to be granted a lease of the land or be offered the opportunity to purchase or lease the land; or f: a person who, immediately before the disposal, holds a legal right created on or before 21 November 1997 to purchase the land under the terms of any gift, endowment, or trust relating to the land, or pursuant to any Act or rule of law; or g: a person to whom the land is being disposed of pursuant to— i: section 16A ii: section 24E iii: section 15 iv: an Act of Parliament that— A: excludes the land from a national park within the meaning of the National Parks Act 1980 B: authorises the land to be disposed of in consideration or part consideration for other land to be held or administered under the Conservation Act 1987 Reserves Act 1977 h: a person to whom the relevant land is being disposed of pursuant to section 93(4) i: a person who was, prior to the date of disposal, the lessee of the relevant land under a lease granted pursuant to— i: section 66 ii: section 67 Schedule 6 iii: section 93(4) j: a trustee of a community trust the object or principal object of which is to provide, or arrange for the provision of, services within the meaning of the Pae Ora (Healthy Futures) Act 2022 k: a person to whom the land is being disposed of under— i: section 117(3) may be dealt with as Crown land under the Land Act 1948 ii: section 119(2)(a) l: a person to whom the land is being disposed of by way of gift for charitable purposes; or m: a person that is a port company (as defined in the Port Companies Act 1988 section 355(3) Section 50(c)(i) amended 1 August 2020 section 668 Education and Training Act 2020 Section 50(j) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 51: Notice of excepted transactions 1: The Crown body or other body concerned must give written notice to Te Rūnanga o Ngāi Tahu of a disposal of relevant land that section 50 a: providing, in relation to the relevant land concerned, the information specified in section 53(a) b: identifying the person to whom the land is being disposed of; and c: specifying the reasons why section 50 2: A notice pursuant to subsection (1) must be given,— a: in the case of a disposal effected by a licensee paying off the whole of the purchase money under section 65(7) b: in all other cases, not later than 10 working days before the disposal. 52: Preliminary notice A Crown body (or a body that was a Crown body on 21 November 1997 or, if later, on the date on which the body first acquired the relevant land concerned) must give written notice to Te Rūnanga o Ngāi Tahu that it is considering the disposal of relevant land if— a: the body has commenced the process of identifying whether or not it has obligations to any person as specified in section 50(c) to (f) b: has, by its action, demonstrated that it is considering whether to dispose of the relevant land. 53: Contents of preliminary notice A notice given pursuant to section 52 a: provide— i: a legal description of the land, including its certificate of title (if it has one); and ii: the postal address of the land; or iii: if the land does not have a postal address, a narrative or diagrammatic description of the land containing sufficient information for a person who was not previously familiar with the land to locate and inspect the land; and b: specify an address and fax number (if applicable) to either of which notices and communications can be sent for the purposes of this Part. 54: Preliminary notice not to imply obligation pursuant to other Acts The giving of a notice pursuant to section 52 a: section 564(3) b: section 23(1) section 24(4) c: section 40 Section 54(a) amended 1 August 2020 section 668 Education and Training Act 2020 55: Te Rūnanga o Ngāi Tahu may waive its rights pursuant to this Part 1: Te Rūnanga o Ngāi Tahu may, by notice in writing to the Crown body or other body concerned, waive its rights to acquire, in accordance with this Part, the relevant land specified in the notice. 2: A notice given pursuant to subsection (1) may be given at any time after the date on which Te Rūnanga o Ngāi Tahu receives a notice pursuant to section 52 3: On and from the date on which the Crown body or other body concerned receives a notice pursuant to subsection (1), this Part ceases to apply to the relevant land specified in the notice. 4: Te Rūnanga o Ngāi Tahu may, by notice in writing to the Crown body or other body concerned, waive its rights in respect of any disposal or attempted disposal. 5: A notice given pursuant to subsection (4) may be given at any time after the date on which Te Rūnanga o Ngāi Tahu receives a notice pursuant to section 56(1)(b) 6: On and from the date on which the Crown body or other body concerned receives a notice pursuant to subsection (4), this Part ceases to apply to the disposal or attempted disposal referred to in that notice. 56: Notice to be given before attempted disposal of relevant land 1: A Crown body or other body concerned must, before attempting to dispose of relevant land,— a: if it has not given a notice pursuant to section 52 section 53 b: unless— i: it receives a notice pursuant to section 55(1) section 52 ii: it has received a written notice from Te Rūnanga o Ngāi Tahu that Te Rūnanga o Ngāi Tahu agrees that the relevant land is special land,— give written notice to Te Rūnanga o Ngāi Tahu which provides, in relation to the relevant land concerned, the information specified in section 53(a) iii: offers to dispose of the relevant land to Te Rūnanga o Ngāi Tahu at the price and on the terms and conditions set out in the notice; or iv: includes a certificate complying with subsection (2). 2: A certificate given pursuant to subsection (1)(b)(iv) must be given by a public valuer and state that, in the opinion of the public valuer, the relevant land is a property in respect of which a prudent vendor (intending to obtain the market price, terms and conditions for the property) would not make an offer to sell the property to another person based only on the public valuer's assessment of that price because— a: there is insufficient comparable sales evidence; or b: the public valuer cannot, without a reasonable doubt, determine— i: the highest and best use of the property; or ii: the class of potential purchasers,— and that the property should therefore be treated as special land for the purposes of this Part. 3: In relation to a proposed assignment of the right to receive any instalments payable pursuant to section 65 57: Procedure for determination of special land Sections 58 to 63 58: Relevant land becomes special land by agreement 1: If, within 3 working days after receipt by Te Rūnanga o Ngāi Tahu of a special land notice, the Crown body or other body concerned does not receive written notice from Te Rūnanga o Ngāi Tahu disputing the special land notice or if Te Rūnanga o Ngāi Tahu has given the Crown body or other body concerned written notice agreeing that the relevant land is special land, the relevant land is special land for the shorter of the periods specified in subsection (2) and sections 64 65 2: The periods are— a: the period of 2 years commencing on and from the date which is the sooner of— i: 3 working days after receipt by Te Rūnanga o Ngāi Tahu of the special land notice; or ii: the date on which Te Rūnanga o Ngāi Tahu otherwise gives written notice that it agrees that the relevant land is special land; and b: the period of 10 months after the date of receipt by Te Rūnanga o Ngāi Tahu of a notice given pursuant to section 65 59: Appointment of public valuer If the Crown body or other body concerned receives a notice disputing a special land notice, the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu must attempt to appoint jointly a public valuer to determine whether or not the relevant land concerned is special land. 60: Request to President of New Zealand Institute of Valuers to appoint public valuer If, within 3 working days after receipt by the Crown body or other body concerned of the notice specified in section 59 61: Appointment of public valuer by President of New Zealand Institute of Valuers As soon as practicable after receiving the request, the President of the New Zealand Institute of Valuers (or the President's nominee) must appoint a public valuer who is suitably experienced and independent, and immediately notify the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu of that appointment. 62: Determination by public valuer 1: A public valuer is properly appointed pursuant to section 59 section 61 2: A public valuer appointed pursuant to section 59 section 61 3: The public valuer must, before making his or her determination, provide the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu with the opportunity to make submissions, but only if this does not have, in the public valuer's opinion, the effect of extending the 5-working day period referred to in subsection (2). 4: On making a determination, the public valuer must immediately give notice in writing to the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu of that determination. 5: If requested by the Crown body or other body concerned or Te Rūnanga o Ngāi Tahu at any time within 5 working days after notification of the determination, the public valuer must give written reasons for the determination and the party making the request must pay the public valuer's reasonable fees and costs for giving such reasons. 63: Relevant land becomes special land by determination of public valuer 1: If the public valuer determines that the relevant land is special land, the land is special land for the shorter of the following periods: a: the period of 2 years commencing on the day after the date of notification to Te Rūnanga o Ngāi Tahu of the determination: b: the period of 10 months after the date of receipt by Te Rūnanga o Ngāi Tahu of a notice given pursuant to section 65 and sections 64 65 2: If the public valuer determines that the relevant land is not special land, the Crown body or other body concerned must not give a special land notice during the period of 2 years commencing on the day after the date of notification to Te Rūnanga o Ngāi Tahu of the determination. 64: Attempted disposal of special land permitted A Crown body or other body concerned may attempt to dispose of special land, but must not— a: dispose of the special land except in accordance with any of sections 72 73 80 83 b: enter into an agreement or dispose of the special land, unless the agreement is expressed to be conditional on— i: the Crown body or other body concerned first complying with sections 65 67 ii: section 72 section 80 65: Notice to Te Rūnanga o Ngāi Tahu before disposal 1: A Crown body or other body concerned must, before disposing of any special land, give written notice to Te Rūnanga o Ngāi Tahu. 2: The notice must— a: provide, in relation to the special land concerned, the information specified in section 53(a) b: state the price and other proposed terms and conditions of disposal; and c: offer to dispose of the special land to Te Rūnanga o Ngāi Tahu at that price and on those terms and conditions. 66: Acceptance by Te Rūnanga o Ngāi Tahu Where, within 1 month after the date on which Te Rūnanga o Ngāi Tahu receives a disposal notice or a notice pursuant to section 65 a: accepts the offer set out in the notice by giving written notice of acceptance to the Crown body or other body concerned; or b: otherwise agrees with the Crown body or other body concerned in writing to purchase the land concerned,— a contract for the sale and purchase of that land is thereby constituted between the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu and that contract may be enforced accordingly. 67: Negotiation in good faith During the 1-month period specified in section 66 68: Certain obligations not implied Section 67 a: Te Rūnanga o Ngāi Tahu to make an offer or accept an offer made to it in a disposal notice or pursuant to section 65 section 67 b: the Crown body or other body concerned— i: to make any other offer; or ii: to accept any offer made to it during the negotiations referred to in section 67 iii: to alter its judgment that any existing agreement entered into pursuant to section 64(b) c: the Crown body or other body concerned or Te Rūnanga o Ngāi Tahu to act in a manner that is inconsistent with their respective commercial interests. 69: Non-acceptance by Te Rūnanga o Ngāi Tahu If a contract for the sale and purchase of the relevant land concerned has not been constituted pursuant to section 66 section 67 a: may, at any time during the period of 9 months after the expiry of 1 month after the date of receipt by Te Rūnanga o Ngāi Tahu of the disposal notice or a notice pursuant to section 65 i: effect a disposal of the land except in accordance with any of sections 72 73 80 83 ii: enter into an agreement to dispose of the land unless that agreement is expressed to be conditional on section 73 section 80 b: must not dispose of, or attempt to dispose of, the land (whether or not it is special land), after the expiry of that 9-month period without first complying in full with the requirements of this Part. 70: Notice to Te Rūnanga o Ngāi Tahu of agreement subject to section 64(b) If a Crown body or other body concerned enters into an agreement subject to section 64(b) section 72 71: Notice to Te Rūnanga o Ngāi Tahu of agreement subject to section 69(a)(ii) Immediately after entering into an agreement that is subject to section 69(a)(ii) 72: Disposal if no notice from Te Rūnanga o Ngāi Tahu in respect of notice pursuant to section 70 1: If the Crown body or other body concerned does not receive, in accordance with subsection (2), written notice from Te Rūnanga o Ngāi Tahu stating that, in Te Rūnanga o Ngāi Tahu's opinion, the terms of the agreement that is subject to section 64(b) 2: For the purposes of subsection (1), the notice must be received within the later of— a: 3 working days after receipt by Te Rūnanga o Ngāi Tahu of the notice referred to in section 70 b: 3 working days after the expiry of the 1 month specified in section 66 73: Disposal if no notice from Te Rūnanga o Ngāi Tahu in respect of notice pursuant to section 71 If, within 3 working days after receipt by Te Rūnanga o Ngāi Tahu of a notice pursuant to section 71 74: Application of sections 75 to 83 If the Crown body or other body concerned receives a notice pursuant to section 72 section 73 sections 75 to 83 75: Appointment of independent person The Crown body or other body concerned and Te Rūnanga o Ngāi Tahu must attempt to appoint jointly a suitably qualified and experienced independent person to determine whether or not the terms of the agreement are more favourable than the benchmark terms. 76: Failure to agree on appointment 1: If, within 2 working days after receipt by the Crown body or other body concerned of the notice referred to in section 72 section 73 section 75 a: if the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu can agree on another person to make the appointment, the Crown body or other body concerned must request that person to appoint an independent person to determine whether or not the terms of the agreement are more favourable than the benchmark terms; or b: if the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu cannot agree on another person to make the appointment or that person has not accepted appointment, the Crown body or other body concerned must request the President of the New Zealand Law Society to appoint an independent person to determine whether or not the terms of the agreement are more favourable than the benchmark terms. 2: A person is properly appointed pursuant to subsection (1) only if the person has accepted that the appointment requires the person to comply with section 77 77: Appointment of independent person by another person or President of New Zealand Law Society After receipt of the request, the person agreed pursuant to section 76(1)(a) 78: Determination by independent person 1: An independent person is properly appointed pursuant to section 75 section 77 2: The independent person appointed pursuant to section 75 section 77 3: The independent person must, before making a determination, provide the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu with the opportunity to make submissions, but only if this does not have the effect, in the independent person's opinion, of extending the 5-working day period referred to in subsection (2). 4: On making a determination, the independent person must immediately give notice in writing to the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu of that determination. 5: If requested by the Crown body or other body concerned or Te Rūnanga o Ngāi Tahu at any time within 5 working days after notification of the determination, the independent person must give written reasons for the determination and the party making the request must pay the independent person's reasonable fees and costs for giving such reasons. 79: Early appointment of independent person 1: The Crown body or other body concerned or Te Rūnanga o Ngāi Tahu may, at any time after the date of a notice given pursuant to section 56 sections 75 to 77 2: If a notice is given pursuant to subsection (1), sections 75 to 77 3: For the purposes of section 78 80: Disposal permitted if terms not more favourable If the independent person appointed pursuant to section 75 section 77 81: Application of sections 82 and 83 if terms more favourable If the independent person's determination is that the terms of the agreement are more favourable than the benchmark terms, sections 82 83 82: Te Rūnanga o Ngāi Tahu may give notice to purchase 1: If, within 5 working days after receipt by Te Rūnanga o Ngāi Tahu of the independent person's determination, the Crown body or other body concerned receives a notice from Te Rūnanga o Ngāi Tahu stating that it wishes to purchase the relevant land concerned on the terms of the agreement, the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu are deemed to have entered into an agreement for sale and purchase of the land, and the agreement is enforceable as a contract. 2: The date on which the parties must settle under the contract is 10 working days after the date on which the Crown body or other body concerned receives a notice pursuant to subsection (1) or such later date as may have been specified in the agreement which was determined to have been on more favourable terms. 83: Disposal permitted if no notice received If the Crown body or other body concerned does not receive a notice in accordance with section 82 84: Re-offer required Where a Crown body or other body concerned— a: has offered to sell any relevant land to Te Rūnanga o Ngāi Tahu in a disposal notice or a notice pursuant to section 65 b: proposes to offer that land for sale again, but on terms more favourable to the purchaser than the terms of the first offer,— the Crown body or other body concerned may do so only if it first offers the land for sale on the more favourable terms to Te Rūnanga o Ngāi Tahu in a disposal notice or a notice pursuant to section 65 sections 66 to 83 85: This Part not to affect or derogate from certain rights and restrictions Nothing in this Part affects or derogates from, and the rights and obligations created by this Part are subject to,— a: the terms of any gift, endowment, or trust existing on 21 November 1997 and relating to relevant land or any improvements on that land; and b: the rights of any holders of mortgages over, or of security interests in, relevant land or any improvements on that land; and c: any other enactment or rule of law that must be complied with before relevant land is disposed of; and d: any feature of the title to any relevant land that prevents or limits a Crown body's or other body's right to transfer the land or any improvements on the land; and e: any legal requirement that limits a Crown body's or other body's ability to sell or otherwise dispose of any relevant land or any improvements on that land and which the Crown body or other body cannot satisfy after taking reasonable steps to do so (and, for the avoidance of doubt, taking reasonable steps does not include initiating a change in the law). 86: This Part not to affect or derogate from certain disposal rights Subject to sections 87 88 87: Interpretation In section 88 acquired land section 88(1) change of control a: any such act, omission, or arrangement that Te Rūnanga o Ngāi Tahu has given its prior written approval to; or b: for the avoidance of doubt, any change in the political party or parties constituting the New Zealand Government effective control a: the legal and beneficial, or beneficial, ownership or direct or indirect control by any person of any of the shares in the new Crown owner or of any holding company of the new Crown owner that— i: amount to more than 50% of the issued shares of the new Crown owner (other than shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital); or ii: enable that person to exercise, or control the exercise of, more than 50% of the maximum number of votes that can be exercised at a general meeting of the new Crown owner; or iii: enable that person to control the composition of the board of directors of the new Crown owner; or iv: entitle that person to receive more than 50% of every dividend paid on shares issued by the new Crown owner that carry no right to participate beyond a specified amount in a distribution of either profits or capital; or b: the power to govern the financial and operating policies of the new Crown owner for the purpose of obtaining the benefits or the risks, or both, normally associated with ownership holding company Companies Act 1993 new Crown owner section 50(a) subsidiary Companies Act 1993 88: Change of control of new Crown owner to which relevant land has been transferred 1: This section applies if a Crown body disposes of any relevant land to a new Crown owner that is a subsidiary of the Crown body or a subsidiary of the Crown body's holding company and a change of control occurs during the year after the date of disposal. 2: The new Crown owner, on becoming aware of that change of control, must immediately give Te Rūnanga o Ngāi Tahu— a: notice of the change of control; and b: an irrevocable offer to dispose of the acquired land on such terms and conditions (including price) to be determined pursuant to subsections (6) to (15). 3: If the new Crown owner fails to comply with subsection (2), Te Rūnanga o Ngāi Tahu, acting on behalf of the new Crown owner, no later than 20 working days after the date on which Te Rūnanga o Ngāi Tahu became aware of the change of control, may prepare an offer and give a copy to the new Crown owner which offers to sell the acquired land to Te Rūnanga o Ngāi Tahu. The offer prepared by Te Rūnanga o Ngāi Tahu must be unconditional and must be for all of the acquired land on terms and conditions (including price) to be determined pursuant to subsections (6) to (15). 4: If Te Rūnanga o Ngāi Tahu fails to prepare an offer and give a copy to the new Crown owner within the time specified in subsection (3), it will be deemed to have given its written approval to the act, omission, or arrangement that constitutes the change of control. 5: Sections 67 68 6: If the new Crown owner and Te Rūnanga o Ngāi Tahu agree on all terms and conditions (including price) within that 1-month period, then the new Crown owner and Te Rūnanga o Ngāi Tahu are deemed to have entered into an agreement for sale and purchase on those terms and conditions (including price), and the agreement is enforceable as a contract. 7: If the new Crown owner and Te Rūnanga o Ngāi Tahu cannot agree on all the terms and conditions (including price) by the end of the 1-month period then— a: Te Rūnanga o Ngāi Tahu may, within a further period of 5 working days, refer any matter that is not agreed to arbitration in accordance with subsections (11) to (15); and b: once the terms and conditions (including price) have been agreed or determined by arbitration, Te Rūnanga o Ngāi Tahu must, if it wishes to accept the offer so determined, give notice to the new Crown owner of its acceptance of the offer within 5 working days after notice of the determination of the arbitrator has been given to Te Rūnanga o Ngāi Tahu. 8: If Te Rūnanga o Ngāi Tahu gives such notice of acceptance to the new Crown owner, then the new Crown owner and Te Rūnanga o Ngāi Tahu are deemed to have entered into an agreement for sale and purchase on those terms and conditions (including price), and the agreement is enforceable as a contract. 9: Subsection (10) applies if,— a: at the end of the 5-working day period specified in subsection (7)(a), the new Crown owner and Te Rūnanga o Ngāi Tahu have not agreed on all terms and conditions (including price) and Te Rūnanga o Ngāi Tahu has not referred that matter to arbitration; or b: at the end of the 5-working day period referred to in subsection 7(b), Te Rūnanga o Ngāi Tahu has not notified its acceptance. 10: Te Rūnanga o Ngāi Tahu is deemed to have given its written approval to the act, omission, or arrangement referred to in the definition of change of control in section 87 11: If the new Crown owner and Te Rūnanga o Ngāi Tahu cannot agree on all terms and conditions (including price) for the offer given pursuant to subsections (2) or (3) and the matters that are not agreed are referred to arbitration pursuant to subsection 7(a), then the arbitration must be conducted in accordance with the Arbitration Act 1996 12: Te Rūnanga o Ngāi Tahu may commence the arbitration referred to in subsection (11) by giving a notice to the new Crown owner. 13: The arbitration must be conducted— a: by 1 arbitrator, if the new Crown owner and Te Rūnanga o Ngāi Tahu can agree on an arbitrator; or b: failing agreement, by 3 arbitrators, 1 to be appointed by the new Crown owner and 1 to be appointed by Te Rūnanga o Ngāi Tahu and 1 to be appointed by the arbitrators appointed by the new Crown owner and Te Rūnanga o Ngāi Tahu before they begin to consider the dispute. 14: The terms of appointment of an arbitrator must include requirements that— a: the determination must be in the form of a written contract for sale and purchase of the acquired land incorporating all those terms and conditions (including price) that have already been agreed by the parties, if any, and also such other terms and conditions (including price) that would have been agreed by a willing seller with a willing buyer, each with equal bargaining strength and neither having the ability to impose terms on the other; and b: the determination is made within 20 working days after the appointment of the arbitrator or arbitrators; and c: the arbitrator or arbitrators must immediately notify the parties of the determination; and d: the arbitrator or arbitrators must not disclose confidential information provided to the arbitrator or arbitrators in the course of the arbitration. 15: Te Rūnanga o Ngāi Tahu and the new Crown owner are bound by the award in the arbitration, but nothing in this subsection affects the rights of Te Rūnanga o Ngāi Tahu pursuant to subsection (7)(b). 89: Public valuer or independent person to be expert A public valuer appointed pursuant to section 59 section 61 section 75 section 77 90: Costs of public valuer pursuant to section 62 1: The cost of the public valuer's determination pursuant to section 62 2: The public valuer may determine that, because of the conduct of the Crown body or other body concerned or Te Rūnanga o Ngāi Tahu, the cost of the determination must be borne as determined by the public valuer. 91: Costs of independent person pursuant to section 78 The cost of an independent person's determination pursuant to section 78 a: by the Crown body or other body concerned if the determination is that the terms of the agreement with the other person are more favourable than the benchmark terms; or b: by Te Rūnanga o Ngāi Tahu if the determination is that the terms of the agreement with the other person are not more favourable than the benchmark terms. 92: Notices 1: Any notice or other communication to be given by Te Rūnanga o Ngāi Tahu must be given in writing addressed to the recipient at the address or fax number notified by the recipient pursuant to section 53(b) 2: Any notice or other communication to be given to Te Rūnanga o Ngāi Tahu must be given in writing addressed to Te Rūnanga o Ngāi Tahu at its head office or fax number at that address or any other address or fax number subsequently notified by Te Rūnanga o Ngāi Tahu in writing to the person giving the notice. 3: Any such notice or other communication may be given by hand, by prepaid post, or by fax. 4: A notice or other communication given by hand is deemed to have been received at the same time it was given, but if not given on a working day or given after 5 pm on a working day, the notice or other communication is deemed to have been given on the next working day. 5: A notice or other communication given by prepaid post is deemed to have been received on the second working day after posting. 6: A notice or other communication given by fax is deemed to have been received on the day of transmission, but if not transmitted on a working day or transmitted after 5 pm on a working day, the notice or other communication is deemed to have been received on the next working day after transmission. 93: No further inquiries Notwithstanding any other enactment or rule of law, no court or tribunal has jurisdiction to inquire into, or to make any finding or recommendation in respect of— a: a determination made pursuant to any of sections 62 78 90(2) b: an appointment made pursuant to section 61 section 77 94: Withdrawal by Crown body 1: This Part does not prevent a Crown body from withdrawing a notice given pursuant to section 52 section 56 2: A Crown body must comply with this Part if it decides, after withdrawing a notice pursuant to section 52 section 56 3: This section applies subject to section 88 95: Participation in sales process for relevant land 1: This Part does not prevent any Ngāi Tahu participant from participating in any sales process relating to any relevant land independently of the right of first refusal set out in this Part. 2: Te Rūnanga o Ngāi Tahu must give notice to the Crown body or other body concerned if any Ngāi Tahu participant intends to participate in any such sales process. 3: If a Ngāi Tahu participant participates in such a sales process, then the Crown body or other body concerned may enter into a contract to dispose of relevant land and give effect to that contract to the Ngāi Tahu participant without further compliance with this Part, but if the contract does not proceed to settlement for any reason (other than default by the Ngāi Tahu participant), this Part applies to any future disposal or attempted disposal by the Crown body or other body concerned of the relevant land. 4: If the Crown body or other body concerned wishes to dispose of the relevant land after a sales process in which a Ngāi Tahu participant has participated, the fact that the Ngāi Tahu participant has participated in the sales process does not affect or derogate from the obligations of the Crown body or other body concerned pursuant to this Part except as provided in subsection (3). 5: For the purposes of this section, Ngāi Tahu participant 96: Disposal of more than 1 parcel of land 1: Nothing in this Part prevents a Crown body or other body concerned from attempting to dispose of, or from disposing of, together more than 1 parcel of relevant land, or 1 or more parcels of relevant land together with other land, but this Part applies to any such attempted disposal or disposal. 2: For the purposes of this Part, the terms of an agreement with another person to dispose of land that— a: comprises 1 or more but not all of the parcels of land which were the subject of a disposal notice or a notice pursuant to section 65 b: was not itself the subject of a separate disposal notice or notice pursuant to section 65 are deemed to be more favourable than the benchmark terms arising out of the disposal notice or the notice given pursuant to section 65 97: Part ceasing to apply This Part ceases to apply to an estate in relevant land if the estate in relevant land— a: is transferred to Te Rūnanga o Ngāi Tahu, pursuant to section 66 section 82 b: becomes subject to an agreement for the sale and purchase between the Crown body or other body concerned and Te Rūnanga o Ngāi Tahu and the transfer fails to occur by reason of a default by Te Rūnanga o Ngāi Tahu; or c: is transferred (without breaching this Part) to any person who is not a Crown body. 98: Noting on certificates of title 1: As soon as reasonably practicable after the date on which this Act comes into force and after the date on which any land subsequently becomes relevant land, the chief executive must issue to the Registrar 2: As soon as reasonably practicable after the date on which a certificate of title is issued or lease is registered for any relevant land, being a date after this Act comes into force, the chief executive must issue to the Registrar 3: As soon as reasonably practicable after receiving a certificate from the chief executive pursuant to subsection (1) or subsection (2), the Registrar Subject to Part 9 of the Ngāi Tahu Claims Settlement Act 1998 (which provides for certain disposals relating to the land to which this certificate of title relates to be offered for purchase or lease to Te Rūnanga o Ngāi Tahu in certain circumstances). 4: It is not necessary for the Registrar to record the entry, referred to in subsection (3), on the duplicate of the certificate of title or registered lease. Section 98(1) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 98(2) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 98(3) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 99: Removal of notation 1: Where any relevant land for which a certificate of title has been issued or a lease registered is to be transferred (without breaching this Part) to any person other than a Crown body,— a: the transferor must notify the chief executive of the transfer; and b: the chief executive must, before registration of the transfer, issue to the Registrar 2: On receipt of a certificate pursuant to subsection (1) together with a registrable memorandum of transfer, the Registrar section 98(3) Section 99(1)(b) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 99(2) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 100: Copy of certificate to be sent to Te Rūnanga o Ngāi Tahu When the chief executive issues a certificate to the Registrar section 98(1) section 99(1)(b) Section 100 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 10: High country stations 101: Section 10 of deed of settlement This Part provides for the legislative matters contemplated by section 10 (high country stations) of the deed of settlement. 102: Interpretation In this Part,— area plan effective date gift areas leaseback conservation areas Mararoa Valley area station areas 103: Notice of effective date The Minister in Charge of Treaty of Waitangi Negotiations must, as soon as reasonably practicable after the effective date, give notice of that date in the Gazette 104: Covenants and easements relating to station areas 1: In this section, Caples Valley area Greenstone Valley area 2: The covenants included in the deeds of covenant referred to in clause 10.5.1(a) to (e) of the deed of settlement are deemed to have been entered into pursuant to section 77 3: The easements referred to in clause 10.5.1(f) and (g) of the deed of settlement are deemed to have been acquired by the Minister of Conservation pursuant to section 12 4: Notwithstanding any enactment or rule of law, the covenants to provide public foot access to and over the Caples Valley area and the Greenstone Valley area provided for in the deeds of covenant referred to in clause 10.5.1(a) and clause 10.5.1(b) of the deed of settlement, are legally effective and enforceable by the Crown. 105: Transfers and leasebacks 1: The Land Act 1948 a: the transfer of land as required by section 10 of the deed of settlement: b: the taking of a lease of any leaseback conservation area: c: the giving of effect to clause 6 of the deed of gift referred to in clause 10.3 of the deed of settlement. 2: For the avoidance of doubt, the following are dispositions of land by the Crown for the purposes of Part 4A a: the transfer of land as required by section 10 of the deed of settlement: b: the giving of effect to clause 6 of the deed of gift referred to in clause 10.3 of the deed of settlement. 3: If no certificate of title has been issued under the Land Transfer Act 1952 Registrar Section 105(3) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 106: Subdivisions Nothing in section 11 Part 10 107: Leaseback conservation areas 1: On and from the effective date, the Minister of Conservation holds and manages the leaseback conservation areas as conservation areas pursuant to section 7(2) 2: On and from the effective date, the leaseback conservation areas are not rateable under the Local Government (Rating) Act 2002 Section 107(2) substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002 108: Concessions and commercial activities 1: In this section,— commercial activity a: includes any such activity or provision which has been carried on without a view to making a profit or charging any fee or deriving any other consideration if the terms on which the activity is undertaken or the facilities are provided change so that it is undertaken, or they are provided, with such a view; but— b: does not include any activity described in section 17O(4) Crown commercial activity 2: The Minister of Conservation must not grant a concession over any part of the gift areas or the leaseback conservation areas, or over any land which includes any part of the gift areas or the leaseback conservation areas, unless and until Te Rūnanga o Ngāi Tahu gives its written consent (which consent may be given or withheld by Te Rūnanga o Ngāi Tahu in its absolute discretion). 3: The Minister of Conservation or other Minister or other representative of the Crown must not grant any permission similar to a concession to carry on a commercial activity over any part of the gift areas or the leaseback conservation areas, or over any land which includes any part of the gift areas or the leaseback conservation areas, unless and until Te Rūnanga o Ngāi Tahu gives its written consent (which consent may be given or withheld by Te Rūnanga o Ngāi Tahu in its absolute discretion). 4: The Crown must not undertake any Crown commercial activity over any part of the gift areas or the leaseback conservation areas, or over any land which includes any part of the gift areas or the leaseback conservation areas, unless and until Te Rūnanga o Ngāi Tahu gives its written consent (which consent may be given or withheld by Te Rūnanga o Ngāi Tahu in its absolute discretion). 5: Upon receipt of an application for a concession or permission to which subsection (2) or (3) applies, the Minister of Conservation (or other Minister or representative of the Crown) must— a: refer the application to Te Rūnanga o Ngāi Tahu as soon as reasonably practicable after receipt of the application; and b: notify the applicant that it has done so; and c: notify the applicant that the concession or permission cannot be granted, or the relevant activity commenced, without the consent of Te Rūnanga o Ngāi Tahu. 6: The Minister of Conservation may process an application for a concession or permission to which subsection (2) or (3) applies while Te Rūnanga o Ngāi Tahu considers whether it will consent to the granting of the concession or permission but must not publicly notify such an application before the consent of Te Rūnanga o Ngāi Tahu has been given. 7: In addition to the fee charged by the Minister of Conservation for the processing of any application for a concession or permission to which subsection (2) or (3) applies, the Minister of Conservation will charge to the applicant and upon receipt of payment pay to Te Rūnanga o Ngāi Tahu, its fee for processing the request. 8: Te Rūnanga o Ngāi Tahu's fee referred to in subsection (7) must, unless agreed otherwise by the Minister of Conservation and Te Rūnanga o Ngāi Tahu, be an amount equal to 25% of the aggregate of the Minister of Conservation's fee and Te Rūnanga o Ngāi Tahu's fee. 9: Te Rūnanga o Ngāi Tahu's fee— a: is to be treated as costs to which section 60B(1) b: must be paid by the applicant as required under section 60B(1)(c) c: may be recovered by the Director-General in the manner specified in section 60B(1)(d) 10: Part 3B 109: Conservation management strategies and conservation management plans 1: The Director-General of Conservation must consult with, and have particular regard to the views of, Te Rūnanga o Ngāi Tahu in respect of the preparation of every conservation management strategy or conservation management plan that affects any of the leaseback conservation areas or the gift areas. 2: The terms of a conservation management strategy or conservation management plan that affect a leaseback conservation area must, unless Te Rūnanga o Ngāi Tahu and the Director-General agree otherwise, be consistent with the terms of the lease of the leaseback conservation area. 3: The terms of a conservation management strategy or conservation management plan that affect a gift area must, unless Te Rūnanga o Ngāi Tahu and the Director-General agree otherwise, be consistent with the terms of the deed of gift referred to in clause 10.3 of the deed of settlement. 4: If, at the effective date, a conservation management plan or conservation management strategy to which this section applies has been prepared but not approved by the New Zealand Conservation Authority, the New Zealand Conservation Authority— a: must either make such amendments to the conservation management plan or conservation management strategy as are necessary to make it comply with subsections (2) and (3), or obtain the agreement of Te Rūnanga o Ngāi Tahu to the inconsistency; and b: may approve the conservation management plan or conservation management strategy only after it has complied with paragraph (a). 110: Ecological monitoring 1: In this section, Home Hill area 2: The Minister of Conservation may do all such things as are necessary or desirable to comply with, and enforce, clause 9 of the grazing licence over Mararoa Valley area and the Home Hill area referred to in clause 10.14.10 of the deed of settlement. 111: Easements and licences 1: In this section,— a: Elfin Bay area b: Greenstone Wharf area 2: The Minister of Conservation may grant— a: the grazing licence referred to in clause 10.8 of the deed of settlement; and b: the stock access easements referred to in clause 10.9.1 of the deed of settlement; and c: the licences over the Elfin Bay area and the Greenstone Wharf area referred to in clause 10.11 of the deed of settlement; and d: the licence and easement over the area around McKellar Lodge referred to in paragraph 7.3 of attachment 10.20 of the deed of settlement. 3: The licences and easements referred to in subsection (2) are enforceable in accordance with their terms, notwithstanding Part 3B 112: Licences for bridges 1: The Minister of Conservation and the chief executive may grant the licences referred to in clauses 10.9.2 and 10.9.3 of the deed of settlement. 2: The licences referred to in subsection (1) are enforceable in accordance with their terms, notwithstanding Part 3B 113: Stopping of roads in Mararoa Valley Area 1: In this section, roads 2: If the Southland District Council agrees in writing, the roads are stopped. 3: The fee simple estate in the roads is vested in Te Rūnanga o Ngāi Tahu. 4: The date on which the roads are stopped and the fee simple estate in the roads is vested in Te Rūnanga o Ngāi Tahu by subsections (2) and (3) is the later of— a: the effective date; or b: the date on which this Act comes into force pursuant to section 1 c: the date on which the chief executive notifies the stopping and vesting of the roads in the Gazette 5: As soon as reasonably practicable after the Southland District Council notifies the chief executive that it agrees to the stopping of the roads by subsection (2), the chief executive must notify in the Gazette a: the stopping of the roads by subsection (2); and b: the vesting of the roads by subsection (3). 114: Gift duty No gift duty is payable by Te Rūnanga o Ngāi Tahu in respect of— a: the transfer of the gift areas by Te Rūnanga o Ngāi Tahu to the Crown under clause 10.3 of the deed of settlement; or b: the lease of the leaseback conservation areas under clause 10.7 of the deed of settlement. 115: Lake Rere On the effective date,— a: the reservation of Lake Rere reserve (as defined in the Gazette b: the area shown as Lake Rere reserve on the area plan is deemed to be declared as a reserve, and classified as a recreation reserve pursuant to the Reserves Act 1977 116: New conservation area On the effective date, the area shown on allocation plan HC 528 (SO 24801 (Otago Land District) and SO 12277 (Southland Land District)) as the conservation area is deemed to be a conservation area held for conservation purposes, pursuant to section 7 11: Mahinga kai Transfer and vesting of properties 117: Purpose of this Part The purpose of this Part is to provide for the legislative matters contemplated by section 11 118: Effective date of matters set out in this Part Except as expressly provided in this Part, the date on which the matters provided for in this Part take effect is the settlement date. 119: Interpretation In this Part, maimai Land vested in Te Rūnanga o Ngāi Tahu in fee simple 120: Tuku Tuku Iwi vested in Te Rūnanga o Ngāi Tahu 1: In this section, Tuku Tuku Iwi Part A 2: The reservation of Tuku Tuku Iwi as a reserve is revoked. 3: The fee simple estate in Tuku Tuku Iwi is vested in Te Rūnanga o Ngāi Tahu. 121: Te Parinui o Whiti vested in Te Rūnanga o Ngāi Tahu 1: In this section and section 122 Te Parinui o Whiti Part A 2: Te Parinui o Whiti ceases to be a conservation area. 3: The fee simple estate in Te Parinui o Whiti is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Te Parinui o Whiti described in Part A 4: For the purposes of section 471 Part 4A 122: Access to Te Parinui o Whiti 1: Section 129B 2: Neither the Crown nor any other person is obliged to provide or facilitate access for Te Rūnanga o Ngāi Tahu to Te Parinui o Whiti. 123: Sinclair Wetlands vested in Te Rūnanga o Ngāi Tahu 1: In this section, Sinclair Wetlands Part A 2: The fee simple estate in Sinclair Wetlands is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Sinclair Wetlands described in Schedule 7 3: For the purposes of section 471 Part 4A 4: For the purposes of section 77A 124: Te Waiomākua vested in Te Rūnanga o Ngāi Tahu 1: In this section and in section 177 Te Waiomākua Part A 2: The reservation of Te Waiomākua as a reserve is revoked. 3: The fee simple estate in Te Waiomākua is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Te Waiomākua described in Part A 4: For the purposes of section 471 Part 4A 125: Greenpark Huts vested in Te Rūnanga o Ngāi Tahu 1: In this section, Greenpark Huts Part A 2: Greenpark Huts ceases to be a conservation area. 3: The fee simple estate in Greenpark Huts is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Greenpark Huts described in Part A 126: Motutapu vested in Te Rūnanga o Ngāi Tahu 1: In this section, Motutapu Part A 2: The fee simple estate in Motutapu is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Motutapu described in Part A 3: For the purposes of section 471 Part 4A 127: Ōkeina (Okains Bay) vested in Te Rūnanga o Ngāi Tahu 1: In this section and sections 128 to 130 Ōkeina (Okains Bay) Part A 2: The appointment of Banks Peninsula District Council to control and manage Ōkeina (Okains Bay) as a reserve is revoked. 3: The reservation of Ōkeina (Okains Bay) as a reserve is revoked. 4: The building on Ōkeina (Okains Bay) known as Tini Ara Pata Part A 128: Structures and improvements on Ōkeina (Okains Bay) 1: The ownership of the structures and improvements attached to or on Ōkeina (Okains Bay) is vested in the Banks Peninsula District Council to hold in trust, maintain, and administer for the benefit of the Ōkeina (Okains Bay) community. 2: Subsection (1) applies whether or not Ōkeina (Okains Bay) continues to be controlled and managed as if it were a recreation reserve under section 38 3: The Banks Peninsula District Council may replace the structures and improvements on Ōkeina (Okains Bay) if it considers it necessary to do so. 4: Subsections (1) to (3) do not apply to the building on Ōkeina (Okains Bay) known as Tini Ara Pata 5: Notwithstanding subsection (1), the Banks Peninsula District Council may, but is not required to, remove from Ōkeina (Okains Bay) the structures and improvements vested in it by that subsection. 6: The Banks Peninsula District Council has rights of unrestricted access onto and over Ōkeina (Okains Bay) to use and maintain the structures and improvements vested in it by subsection (1), whether or not Ōkeina (Okains Bay) continues to be controlled and managed as if it were a recreation reserve under section 38 7: The vesting of the fee simple estate in Ōkeina (Okains Bay) in Te Rūnanga o Ngāi Tahu by section 127 a: lawful rights of public access to the foreshore and adjoining beach and the stream adjacent to Ōkeina (Okains Bay); or b: lawful rights of public access to and recreational use and enjoyment of the Banks Peninsula District Council's structures and improvements on the land comprising Ōkeina (Okains Bay),— existing on 21 November 1997, for as long as, and to the extent that, those rights otherwise remain lawful. 8: Subsection (7) is subject to any regulation of public access and use by the Banks Peninsula District Council pursuant to the terms of its appointment to control and manage Ōkeina (Okains Bay) pursuant to section 129 129: Management of Ōkeina (Okains Bay) by Banks Peninsula District Council 1: The agreement of Te Rūnanga o Ngāi Tahu in clause 11.2.9 of the deed of settlement to the Banks Peninsula District Council controlling and managing Ōkeina (Okains Bay) is sufficient for the purposes of section 38(1) 2: The approval of the Minister of Conservation to the Banks Peninsula District Council controlling and managing Ōkeina (Okains Bay) is deemed to have been given for the purposes of section 38(1) 3: The management and control by Banks Peninsula District Council of Ōkeina (Okains Bay) as if it were a recreation reserve and in accordance with section 38 Schedule 8 4: The quoting in Schedule 8 section 38(1) 5: The Banks Peninsula District Council may exempt Ōkeina (Okains Bay) from rates, for so long as it is controlled and managed as if it were a recreation reserve, as contemplated in the restrictions, terms, and conditions referred to in subsection (3). 130: Certificate of title for Ōkeina (Okains Bay) The Registrar sections 127 to 129 Section 130 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 131: South Bay-Kaikōura vested in Te Rūnanga o Ngāi Tahu 1: In this section, South Bay-Kaikōura Part A 2: Except as provided in section 139(1) a: the reservation of South Bay-Kaikōura as a reserve is revoked; and b: the fee simple estate in South Bay-Kaikōura is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to South Bay-Kaikōura described in Part A on the date determined pursuant to section 139(2) 132: The Point-Kaikōura vested in Te Rūnanga o Ngāi Tahu 1: In this section, The Point-Kaikōura Part A 2: Except as provided in section 139(1) a: the reservation of The Point-Kaikōura as a reserve is revoked; and b: the fee simple estate in The Point-Kaikōura is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to The Point-Kaikōura described in Part A on the date determined pursuant to section 139(2). 133: Whakamātakiuru (Ellesmere Landing) vested in Te Rūnanga o Ngāi Tahu 1: In this section and in sections 134 135 Whakamātakiuru (Ellesmere Landing) Part A 2: Except as provided in section 139(1) a: the reservation of Whakamātakiuru (Ellesmere Landing) as a reserve (as created by the Gazette b: the fee simple estate in Whakamātakiuru (Ellesmere Landing) is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Whakamātakiuru (Ellesmere Landing) described in Part A on the date determined pursuant to section 139(2) 3: For the purposes of section 471 Part 4A 134: Certain leases of Whakamātakiuru (Ellesmere Landing) not subdivisions A lease granted pursuant to clause 11.2.14 of the deed of settlement for a term of 20 years or longer (including any rights of renewal) is not a subdivision for the purposes of section 11 Part 10 135: Road through Whakamātakiuru (Ellesmere Landing) vested in Selwyn District Council The area marked proposed road Part 21 136: Matariki vested in Te Rūnanga o Ngāi Tahu 1: In this section, Matariki Part A 2: Except as provided in section 139(1) 3: For the purposes of section 471 Part 4A 137: Taramea (Howells Point) vested in Te Rūnanga o Ngāi Tahu 1: In this section, Taramea (Howells Point) Part A 2: Except as provided in section 139(1) a: the appointment of the Southland District Council to control and manage Taramea (Howells Point) is revoked; and b: the reservation of Taramea (Howells Point) as a reserve is revoked; and c: the fee simple estate in Taramea (Howells Point) is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Taramea (Howells Point) described in Part A on the date determined pursuant to section 139(2). 3: The agreement of Te Rūnanga o Ngāi Tahu in clause 11.2.23 of the deed of settlement to the control and management of Taramea (Howells Point) as contemplated in clause 11.2.23 of the deed of settlement is sufficient for the purposes of section 38(2) 4: The approval of the Minister of Conservation to the control and management of Taramea (Howells Point) as contemplated in clause 11.2.23 of the deed of settlement is deemed to have been given for the purposes of section 38(2) Tribal properties 138: Value to be paid by Te Rūnanga o Ngāi Tahu 1: In this section and in section 139 transfer value tribal properties a: Matariki: b: South Bay-Kaikōura: c: South Bay/Kaikōura Peninsula: d: Taramea (Howells Point): e: The Point-Kaikōura: f: Whakamātakiuru (Ellesmere Landing),— being the properties described by those names in Part A g: Ōaro: h: Waipapa Point,— being the properties described by those names in Part B 2: An amount equal to the transfer value of the tribal property (or, if clause 11.2.29 of the deed of settlement applies, a sum calculated in accordance with paragraph (a) of that clause) must be paid by Te Rūnanga o Ngāi Tahu to the Crown no later than 5 business days after the settlement date. 139: Vesting of tribal properties in Te Rūnanga o Ngāi Tahu 1: The reserve status or conservation status of a tribal property is not to be revoked or to cease (as the case may be) and the tribal property is not to be vested in Te Rūnanga o Ngāi Tahu by this Part if— a: Te Rūnanga o Ngāi Tahu notifies the Crown in writing pursuant to clause 11.2.28 or clause 11.2.29(b) of the deed of settlement that it does not intend to accept vesting of the tribal property pursuant to this Part; or b: Te Rūnanga o Ngāi Tahu does not comply with section 138 2: A tribal property to be vested by this Part has its reserve status revoked or its conservation status cease (as the case may be) and is vested in accordance with the section which applies to that tribal property on the later of the following dates: a: the settlement date; or c: the date on which the amount payable pursuant to section 138 3: As soon as reasonably practicable after a tribal property vests in Te Rūnanga o Ngāi Tahu pursuant to this Part, the chief executive must— a: notify the vesting of a tribal property in Te Rūnanga o Ngāi Tahu pursuant to this Part in the Gazette b: forward a copy of the Gazette Registrar Section 139(3)(b) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Land vested in Te Rūnanga o Ngāi Tahu subject to protected private land agreements 140: South Bay/Kaikōura Peninsula vested in Te Rūnanga o Ngāi Tahu 1: In this section, South Bay/Kaikōura Peninsula Part A 2: Except as provided in section 139(1) a: the reservation of South Bay/Kaikōura Peninsula as a reserve is revoked; and b: the fee simple estate in South Bay/Kaikōura Peninsula is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to South Bay/Kaikōura Peninsula described in Part A on the date determined pursuant to section 139(2). 141: Moturata vested in Te Rūnanga o Ngāi Tahu 1: In this section, Moturata Part A 2: The reservation of Moturata as a reserve is revoked. 3: The fee simple estate in Moturata is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Moturata described in Part A 4: For the purposes of section 471 Part 4A 142: Huriawa vested in Te Rūnanga o Ngāi Tahu 1: In this section, Huriawa Part A 2: The reservation of Huriawa as a reserve is revoked. 3: The fee simple estate in Huriawa is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Huriawa described in Part A 4: For the purposes of section 471 Part 4A 143: Māpoutahi vested in Te Rūnanga o Ngāi Tahu 1: In this section, Māpoutahi Part A 2: The reservation of Māpoutahi as a reserve is revoked. 3: The fee simple estate in Māpoutahi is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to Māpoutahi described in Part A 4: For the purposes of section 471 Part 4A 144: Noting on titles As soon as reasonably practicable after land referred to in sections 140 to 143 Gazette Registrar Gazette Registrar a: that the land is declared to be protected private land under section 76 b: the date of the relevant agreement entered into pursuant to clause 11.3.6(a) of the deed of settlement. Section 144 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 145: Revocation of declaration under section 76 of Reserves Act 1977 1: Te Rūnanga o Ngāi Tahu and the Minister of Conservation may agree in writing to discontinue an agreement entered into pursuant to clause 11.3.6(a) or clause 11.3.6(b) of the deed of settlement. 2: If Te Rūnanga o Ngāi Tahu and the Minister of Conservation agree to discontinue an agreement pursuant to subsection (1), the Minister of Conservation must revoke the declaration made under section 76 3: Notwithstanding anything to the contrary in section 76 sections 140 to 143 4: If a declaration referred to in subsection (1) is revoked, the Registrar section 144 Section 145(4) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Vesting of land in Te Rūnanga o Ngāi Tahu subject to Reserves Act 1977 146: Te Rūnanga o Ngāi Tahu to be administering body In respect of the reserves vested in Te Rūnanga o Ngāi Tahu by this Act, Te Rūnanga o Ngāi Tahu is an administering body under the Reserves Act 1977 147: Te Rūnanga o Ngāi Tahu to hold and administer Kahutara 1: In this section, Kahutara Part B 2: Kahutara is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 3: The vesting by subsection (2) is subject to the conditions and restrictions set out in Part B 148: Te Rūnanga o Ngāi Tahu to hold and administer Ōmihi/Goose Bay 1: In this section, Ōmihi/Goose Bay Part B 2: To the extent that Ōmihi/Goose Bay is a conservation area,— a: it ceases to be a conservation area; and b: it is deemed to be declared a reserve, and classified as a recreation reserve, pursuant to the Reserves Act 1977 3: Ōmihi/Goose Bay is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 4: The vesting by subsection (3) is subject to the conditions and restrictions set out in Part B 149: Te Rūnanga o Ngāi Tahu to hold and administer Ōaro 1: In this section, Ōaro Part B 2: Except as provided in section 139(1) section 26 3: The vesting of Ōaro in Te Rūnanga o Ngāi Tahu by subsection (2) is subject to the conditions and restrictions set out in Part B 150: Creation of historic reserve at Ōtūkoro 1: In this section, Ōtūkoro Part B 2: Ōtūkoro ceases to be a conservation area. 3: Ōtūkoro is deemed to be— a: declared a reserve, and classified as an historic reserve, pursuant to the Reserves Act 1977 b: vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 c: named the Ōtūkoro Historic Reserve section 16(10) 151: Te Rūnanga o Ngāi Tahu to hold and administer Maerewhenua 1: In this section, Maerewhenua Part B 2: The appointment of Heritage New Zealand Pouhere Taonga 3: Maerewhenua is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 Section 151(2) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 152: Te Rūnanga o Ngāi Tahu to hold and administer Takiroa 1: In this section, Takiroa Part B 2: The appointment of Heritage New Zealand Pouhere Taonga 3: Takiroa is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 Section 152(2) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 153: Te Rūnanga o Ngāi Tahu to hold and administer Kātiki 1: In this section, Kātiki Part B 2: Kātiki is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 3: The vesting by subsection (2) is subject to the conditions and restrictions set out in Part B 154: Te Rūnanga o Ngāi Tahu to hold and administer Ōnawe Pā 1: In this section, Ōnawe Pā Part B 2: Ōnawe Pā is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 155: Creation of reserve around Kopuwai 1: In this section, Kopuwai Part B 2: If Kopuwai is surrendered to the Crown and held as a conservation area in the manner contemplated in clause 11.4.10 of the deed of settlement, it ceases to be a conservation area. 3: If Kopuwai ceases to be a conservation area pursuant to subsection (2), it is deemed to be— a: declared a reserve, and classified as an historic reserve, pursuant to the Reserves Act 1977 b: vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 c: named the Kopuwai Historic Reserve section 16(10) 4: If Kopuwai is vested by subsection (3),— a: the vesting is subject to the conditions and restrictions set out in Part B b: the date on which Kopuwai is vested is the later of the settlement date or the business day following the date on which it is surrendered in accordance with subsection (2). 5: As soon as reasonably practicable after Kopuwai is deemed to be vested by subsection (3), the Minister of Conservation must notify that vesting in the Gazette 156: Creation of historic reserve at Kawarau Gorge 1: In this section,— Kawarau Gorge Part A: Kawarau Gorge Part B road Part B: Kawarau Gorge Part B 2: On the date referred to in subsection (4),— a: the road is stopped; and b: Kawarau Gorge ceases to be a marginal strip under section 24 3: Kawarau Gorge and the road are deemed to be— a: declared a reserve, and classified as an historic reserve, pursuant to the Reserves Act 1977 b: vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 c: named the Whatatōrere Historic Reserve section 16(10) 4: The date on which Kawarau Gorge and the road are vested by subsection (3) is the later of the settlement date or the date on which a survey has been completed for Kawarau Gorge (which date must be no later than 12 months after the settlement date, or such other date as Te Rūnanga o Ngāi Tahu and the Crown agree in writing). 5: The vesting of Kawarau Gorge and the road by subsection (3) is subject to the conditions and restrictions set out in Part B 6: As soon as reasonably practicable after the vesting of Kawarau Gorge and the road by subsection (3), the Minister of Conservation must notify the vesting in the Gazette 157: Te Rūnanga o Ngāi Tahu to hold and administer Waipapa Point 1: In this section, Waipapa Point Part B 2: Except as provided in section 139(1) section 26 3: The vesting by subsection (2) is subject to the conditions and restrictions set out in Part B 158: Te Rūnanga o Ngāi Tahu to hold and administer Maranuku 1: In this section, Maranuku Part B 2: Maranuku is deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 159: Creation of historic reserve at Moeraki Lake site 1: In this section,— Moeraki Lake site Part B wildlife refuge section 2 2: The status of the Moeraki Lake site as a wildlife refuge is revoked and, to the extent that the Moeraki Lake site is a conservation area, it ceases to be a conservation area. 3: The Moeraki Lake site is deemed to be— a: declared a reserve, and classified as an historic reserve, pursuant to the Reserves Act 1977 b: vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 c: named the Moeraki Historic Reserve section 16(10) 4: The vesting of the Moeraki Lake site in Te Rūnanga o Ngāi Tahu by subsection (3) is subject to the conditions and restrictions set out in Part B 160: Creation of reserve at Wairewa 1: In this section, Wairewa Part B section 161(1) 2: The reservation of Wairewa as a reserve is revoked and, to the extent that Wairewa is a conservation area, it ceases to be a conservation area. 3: Wairewa is deemed to be— a: declared a reserve, and classified as an historic reserve, pursuant to the Reserves Act 1977 b: named the Ōruaka Historic Reserve section 16(10) c: vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 4: The vesting by subsection (3) is subject to the conditions and restrictions set out in Part B 161: Addition of roads to Ōruaka Historic Reserve 1: In this section,— Ōruaka Historic Reserve section 160(3) roads 2: If the Banks Peninsula District Council, at its discretion, agrees,— a: the roads are stopped; and b: the roads are deemed to be declared a reserve, and classified as an historic reserve, pursuant to the Reserves Act 1977 c: the roads are added to and become part of the Ōruaka Historic Reserve. 3: The date on which the roads are stopped, declared a reserve, and classified as an historic reserve by subsection (2), is the later of the settlement date or the business day following the date on which the Minister of Conservation notifies the stopping, declaration, and classification of the roads in the Gazette 4: The roads are deemed to be vested in Te Rūnanga o Ngāi Tahu pursuant to section 26 5: The vesting by subsection (4) is subject to the conditions and restrictions set out in Part B 6: As soon as reasonably practicable after the Banks Peninsula District Council notifies the Minister of Conservation that it agrees to the stopping of the roads by subsection (2)(a), the Minister of Conservation must notify in the Gazette a: the stopping of the roads; and b: the declaration and classification of the roads by subsection (2)(b); and c: the vesting of the roads by subsection (4). Changes of name and classifications 162: Change of name of Mount Cook National Park 1: The name of the Mount Cook National Park is changed to the Aoraki/Mount Cook National Park. 2: The change of name by subsection (1) is deemed to have been made pursuant to section 7(1)(d) 3: Amendment(s) incorporated in the Act(s) 163: Reserves In sections 164 to 166 a: Bluff Hill Scenic Reserve b: Castle Hill Conservation Area c: Maungaatua Scenic Reserve d: Ōmihi/Goose Bay Scenic Reserve e: Shag Point Recreation Reserve f: Wilsher Bay Scenic Reserve mean the reserves described by those names in Schedule 9 164: Change of classification 1: The classification of the Ōmihi/Goose Bay Scenic Reserve is changed from a scenic reserve to an historic reserve. 2: The change of classification by subsection (1) is deemed to have been made pursuant to section 24 165: Change of name of conservation area The name of the Castle Hill Conservation Area is changed to Kura Tāwhiti Conservation Area, notwithstanding section 18(3) 166: Change of name of certain reserves 1: The name of the reserve referred to in section 164 2: The name of the Bluff Hill Scenic Reserve is changed to Motupōhue Scenic Reserve. 3: The name of the Shag Point Recreation Reserve is changed to Matakaea Recreation Reserve. 4: The name of the Maungaatua Scenic Reserve is changed to Maukaatua Scenic Reserve. 5: The name of the Wilsher Bay Scenic Reserve is changed to Maranuku Scenic Reserve. 6: The changes of name by this section are deemed to have been made pursuant to section 16(10) Vesting of bed of Te Waihora 167: Interpretation In sections 168 to 182 bed of Te Waihora Schedule 10 joint management plan section 177 mahinga kai 168: Vesting of bed of Te Waihora in Te Rūnanga o Ngāi Tahu 1: The bed of Te Waihora ceases to be a conservation area. 2: The fee simple estate in the bed of Te Waihora is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to the bed of Te Waihora described in Schedule 10 3: For the purposes of section 471 Part 4A 169: Road vested in Selwyn District Council 1: In subsection (2) the land Legal Road to be extended 2: The land is vested in the Selwyn District Council as a road. 170: Vesting of river protection reserve 1: In this section, Selwyn Delta river protection reserve 2: If the Canterbury Regional Council, at its discretion, agrees,— a: the reservation of the Selwyn Delta river protection reserve as a reserve is revoked; and b: the fee simple estate in the Selwyn Delta river protection reserve is vested in Te Rūnanga o Ngāi Tahu. 3: The date on which the reserve status of the Selwyn Delta river protection reserve is revoked and the fee simple estate in the Selwyn Delta river protection reserve is vested in Te Rūnanga o Ngāi Tahu by subsection (2) is the later of the settlement date or the business day following the date on which the Minister of Conservation notifies the revocation of the reserve status and the vesting of the fee simple estate in the Selwyn Delta river protection reserve in Te Rūnanga o Ngāi Tahu by subsection (2) in the Gazette 4: As soon as reasonably practicable after the Canterbury Regional Council notifies the Minister of Conservation that it agrees to the revocation of the reservation of the Selwyn Delta river protection reserve by subsection (2)(a), the Minister of Conservation must notify in the Gazette a: the revocation of the reserve status; and b: the vesting of the fee simple estate in the Selwyn Delta river protection reserve in Te Rūnanga o Ngāi Tahu by subsection (2)(b). 5: If the fee simple estate in the Selwyn Delta river protection reserve is vested in Te Rūnanga o Ngāi Tahu by subsection (2),— a: it is to be treated as being included in the definition of bed of Te Waihora in section 167 b: all of the terms of vesting of the fee simple estate in the bed of Te Waihora set out in sections 167 to 182 171: Title extends to bed only 1: Ownership of the bed of Te Waihora by Te Rūnanga o Ngāi Tahu does not of itself confer any rights or impose any obligations on Te Rūnanga o Ngāi Tahu of ownership, management, or control of— a: the waters of Te Waihora (Lake Ellesmere); or b: the aquatic life of Te Waihora (Lake Ellesmere); or c: the structures attached to or in the bed of Te Waihora described in Schedule 10 2: In subsection (1)(b), aquatic life does not include plants attached to the bed of Te Waihora. 172: Registrar 1: The Registrar Land Transfer Act 1952 Part 17 section 168 2: The Registrar Section 172 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 172(1) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 172(2) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 173: Existing public access and use All lawful rights of public access to and of recreational use and enjoyment affecting the bed of Te Waihora existing on 21 November 1997 (not including the use of maimais) remain unaffected by the vesting of the fee simple estate in the bed of Te Waihora in Te Rūnanga o Ngāi Tahu, for as long as, and to the extent that, such rights otherwise remain lawful. 174: Existing lawful commercial use and structures All— a: lawful commercial uses affecting the bed of Te Waihora; and b: rights of ownership, use, and occupation of the structures in or upon the bed of Te Waihora,— existing on 21 November 1997, and described in Schedule 10 175: Maimais 1: The continued use of maimais on the bed of Te Waihora is at the discretion of Te Rūnanga o Ngāi Tahu. 2: The Minister of Conservation and the North Canterbury Fish and Game Council may enter into the agreement referred to in clause 11.6.13(b) of the deed of settlement, and the North Canterbury Fish and Game Council may undertake and perform the rights, duties, and obligations to which it has agreed. 3: Subsection (2) is deemed to have come into force on 23 September 1997. 176: Statutory adviser The areas described in section 177(2)(b) and (c) section 230 177: Joint management plan 1: The Minister of Conservation may agree in writing with the owners of 1 or more of the areas referred to in subsection (2)(a), (d), and (e) that a joint management plan be prepared— a: for the integrated management of those areas and the areas referred to in subsections (2)(b) and (c), and the natural and historic resources within those areas; and b: for such purposes, and by means of such processes, as the owners of the areas concerned may agree from time to time, including processes for review and amendment. 2: The areas for which a joint management plan may be prepared are— a: the bed of Te Waihora, and Te Waiomākua; and b: the areas described in Schedule 11 Conservation Act 1987 Schedule 1 c: any other areas within 500 metres of the bed of Te Waihora (or such other distance as may be agreed in writing by the Minister of Conservation and Te Rūnanga o Ngāi Tahu) which may be held, managed, or administered under the Conservation Act 1987 or under any of the statutes listed in Schedule 1 of the Conservation Act 1987 (excluding any such areas that are held and managed under that Act or any of those statutes by Fish and Game Councils) for so long as they are so held, managed, or administered; and d: any areas associated with any of the areas referred to in paragraphs (a) to (c) which may, by agreement with the owners of those areas, be included in the area covered by the joint management plan concerned; and e: such other areas as may be agreed by Te Rūnanga o Ngāi Tahu and the Crown. 178: Application of Conservation Act 1987 1: Sections 17A(b) 17W(7), and 17W(8) section 177(2)(b) and (c) conservation management plans 2: Subsection (1) does not apply if a joint management plan is not prepared and approved in accordance with clause 11.6.19 of the deed of settlement. 179: Non-derogation from legislation and other matters Nothing in a joint management plan derogates from,— a: with respect to the areas referred to in section 177(2)(b) and (c) Conservation Act 1987 Schedule 1 b: with respect to the areas referred to in section 177(2)(a) c: with respect to all of the areas referred to in section 177(2) 180: Effect of joint management plan 1: A joint management plan has effect on and from the commencement date, which will be specified in that joint management plan. 2: The Minister of Conservation and the Director-General of Conservation each has the same obligations in respect of a joint management plan as they have in respect of a conservation management plan under the Conservation Act 1987 3: A joint management plan does not of itself restrict or affect the exercise of any legal right or power by any person other than the Minister of Conservation, the Director-General of Conservation, and the owner of any land covered by the joint management plan. 4: Any purposes and processes which the Minister of Conservation agrees to pursuant to section 177(1)(b) 5: If the Minister of Conservation and the owners of any of the areas referred to in section 177(2)(a), (d), and (e) Gazette 181: Recording of agreement to prepare joint management plan in Act 1: The agreement of Te Rūnanga o Ngāi Tahu and the Crown to prepare a joint management plan pursuant to clause 11.6.19 of the deed of settlement (as quoted in Schedule 12 section 177 2: The quoting of the terms of the agreement in Schedule 12 section 177 182: Power to make bylaws 1: The Minister of Conservation may, from time to time after the date on which a joint management plan has come into effect and upon the recommendation of Te Rūnanga o Ngāi Tahu, make bylaws prohibiting or regulating public access to, or recreational use and enjoyment of, the bed of Te Waihora, for the purpose of protecting the bed of Te Waihora from any adverse effects on the mahinga kai or conservation values of the bed of Te Waihora caused by public access or recreational use and enjoyment. 2: The Minister of Conservation may make bylaws pursuant to subsection (1) only upon being satisfied that the recommendation of Te Rūnanga o Ngāi Tahu is contained in a joint management plan and has been subject to the agreed public process for a joint management plan recorded in Schedule 12 3: Without limiting subsections (1) and (2), the Minister of Conservation may make bylaws for the following purposes: a: prohibiting, by public notice, public access to, or recreational use and enjoyment of, the whole or any part of the bed of Te Waihora either permanently or temporarily: b: providing for the form of any public notice and the manner in which it must be advertised: c: prescribing the forms of, and conditions on, public access to, or recreational use and enjoyment of, the bed of Te Waihora: d: prohibiting or regulating any vehicles or boats using, or aircraft landing on or taking off from, the bed of Te Waihora: e: prescribing offences in respect of the contravention or non-compliance with any bylaws made pursuant to paragraphs (a) and (d) and prescribing fines not to exceed $1,000: f: providing for such matters as are contemplated by, or necessary for giving full effect to, any bylaws made pursuant to this provision, and their due administration. 4: For the avoidance of doubt, Te Rūnanga o Ngāi Tahu is an occupier of the bed of Te Waihora for the purposes of the Trespass Act 1980 5: Bylaws 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 It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 182(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Vesting of bed of Muriwai (Coopers Lagoon) 183: Interpretation In sections 184 to 190 bed of Muriwai (Coopers Lagoon) Schedule 10 184: Vesting of bed of Muriwai (Coopers Lagoon) in Te Rūnanga o Ngāi Tahu 1: The reservation of the bed of Muriwai (Coopers Lagoon) as a reserve is revoked. 2: The fee simple estate in the bed of Muriwai (Coopers Lagoon) is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to the bed of Muriwai (Coopers Lagoon) described in Schedule 10 3: For the purposes of section 471 Part 4A 185: Title extends to bed only 1: Ownership of the bed of Muriwai (Coopers Lagoon) by Te Rūnanga o Ngāi Tahu does not of itself confer any rights or impose any obligations on Te Rūnanga o Ngāi Tahu of ownership, management, or control of— a: the waters of Muriwai (Coopers Lagoon); or b: the aquatic life of Muriwai (Coopers Lagoon); or c: any structures attached to or in the bed of Muriwai (Coopers Lagoon) and described in Schedule 10 2: In subsection (1)(b), aquatic life 186: Registrar 1: The Registrar Land Transfer Act 1952 Part 17 section 184 2: The Registrar Section 186 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 186(1) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 186(2) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 187: Existing public access and use All lawful rights of public access to, and of recreational use and enjoyment affecting, the bed of Muriwai (Coopers Lagoon) existing on 21 November 1997 (not including the use of maimais) remain unaffected by the vesting of the fee simple estate in the bed of Muriwai (Coopers Lagoon) in Te Rūnanga o Ngāi Tahu, for as long as, and to the extent that, such rights otherwise remain lawful. 188: Power to make bylaws 1: The Minister of Conservation may from time to time, upon the recommendation of Te Rūnanga o Ngāi Tahu, make bylaws prohibiting or regulating public access to, or recreational use and enjoyment of, the bed of Muriwai (Coopers Lagoon) for the purpose of protecting the bed of Muriwai (Coopers Lagoon) from adverse effects on the conservation values of the bed of Muriwai (Coopers Lagoon) caused by public access or recreational use and enjoyment. 2: The Minister of Conservation may make bylaws pursuant to subsection (1) only upon being satisfied that— a: public access to, or recreational use and enjoyment of, the bed of Muriwai (Coopers Lagoon) is having an adverse effect on the conservation values of the bed of Muriwai (Coopers Lagoon); and b: in order to protect those conservation values, public access to, or recreational use and enjoyment of, the bed of Muriwai (Coopers Lagoon) should be prohibited or regulated. 3: Without limiting subsections (1) and (2), the Minister of Conservation may make bylaws for the following purposes: a: prohibiting, by public notice, public access to, or recreational use and enjoyment of, the whole or any part of the bed of Muriwai (Coopers Lagoon), either permanently or temporarily: b: providing for the form of any public notice and the manner in which it must be advertised: c: prescribing the forms of, and conditions on, public access to, or recreational use and enjoyment of, the bed of Muriwai (Coopers Lagoon): d: prohibiting or regulating any vehicles or boats using, or aircraft landing on or taking off from, the bed of Muriwai (Coopers Lagoon): e: prescribing offences in respect of the contravention or non-compliance with any bylaws made pursuant to paragraphs (a) and (d) and prescribing fines not to exceed $1,000: f: providing for such matters as are contemplated by, or necessary for giving full effect to, any bylaws made pursuant to this provision, and their due administration. 4: Before bylaws are made pursuant to subsection (1),— a: the Minister of Conservation must consult with the North Canterbury Conservation Board, the appropriate Papatipu Rūnanga (through Te Rūnanga o Ngāi Tahu), the North Canterbury Fish and Game Council, the Canterbury Regional Council, the Selwyn District Council, and such other persons or organisations as the Minister of Conservation and Te Rūnanga o Ngāi Tahu agree are appropriate and practicable, as to the need for and content of the bylaws; and b: submissions on the draft bylaws must be invited by publishing a notice to this effect in a daily newspaper or newspapers circulating in the area where the bed of Muriwai (Coopers Lagoon) is situated and in such other manner (if any) as the Minister of Conservation and Te Rūnanga o Ngāi Tahu may consider appropriate; and c: the Minister of Conservation must consider any submissions received on the draft bylaws. 5: For the avoidance of doubt, Te Rūnanga o Ngāi Tahu is an occupier of the bed of Muriwai (Coopers Lagoon) for the purposes of the Trespass Act 1980 6: If Te Rūnanga o Ngāi Tahu and the Crown agree pursuant to section 177(2)(e) section 182 7: Bylaws 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 It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 188(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 189: Existing lawful commercial use and structures All— a: lawful commercial uses affecting the bed of Muriwai (Coopers Lagoon); and b: rights of ownership, use, and occupation of the structures in or upon the bed of Muriwai (Coopers Lagoon),— existing on 21 November 1997, and described in Schedule 10 190: Maimais 1: Levels of use in respect of maimais on the bed of Muriwai (Coopers Lagoon) existing on 21 November 1997 may continue unimpeded and without charge during a period of 5 years from the date of vesting of the fee simple estate in the bed of Muriwai (Coopers Lagoon) in Te Rūnanga o Ngāi Tahu. 2: After the expiry of the 5-year period referred to in subsection (1), the continued use of maimais on the bed of Muriwai (Coopers Lagoon) will be at the discretion of Te Rūnanga o Ngāi Tahu. 3: If Te Rūnanga o Ngāi Tahu, the Crown, and the North Canterbury Fish and Game Council agree that the bed of Muriwai (Coopers Lagoon) is to be covered by the agreement referred to in clause 11.6.13(b) of the deed of settlement, then section 175 Vesting of bed of Lake Mahināpua 191: Interpretation In sections 192 to 200 bed of Lake Mahināpua Schedule 10 192: Vesting of bed of Lake Mahināpua in Te Rūnanga o Ngāi Tahu The fee simple estate in the bed of Lake Mahināpua is vested in Te Rūnanga o Ngāi Tahu, subject to the encumbrances relating to the bed of Lake Mahināpua described in Schedule 10 193: Title extends to bed only 1: Ownership of the bed of Lake Mahināpua by Te Rūnanga o Ngāi Tahu does not of itself confer any rights or impose any obligations on Te Rūnanga o Ngāi Tahu of ownership, management, or control of— a: the waters of Lake Mahināpua; or b: the aquatic life of Lake Mahināpua; or c: any structures attached to or in the bed of Lake Mahināpua and described in Schedule 10 2: In subsection (1)(b), aquatic life 194: Registrar 1: The Registrar Land Transfer Act 1952 Part 17 section 192 2: The Registrar Section 194 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 194(1) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 194(2) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 195: Existing public access and use All lawful rights of public access to, and of recreational use and enjoyment affecting, the bed of Lake Mahināpua existing on 21 November 1997 (not including the use of maimais) remain unaffected by the vesting of the fee simple estate in the bed of Lake Mahināpua in Te Rūnanga o Ngāi Tahu, for as long as, and to the extent that, such rights otherwise remain lawful. 196: Power to make bylaws 1: The Minister of Conservation may, from time to time, upon the recommendation of Te Rūnanga o Ngāi Tahu, make bylaws prohibiting or regulating public access to, or recreational use and enjoyment of, the bed of Lake Mahināpua for the purpose of protecting the bed of Lake Mahināpua from adverse effects on the conservation values, including wāhi tapu values, of the bed of Lake Mahināpua caused by public access or recreational use and enjoyment. 2: The Minister of Conservation may make bylaws pursuant to subsection (1) only upon being satisfied that— a: public access to, or recreational use and enjoyment of, the bed of Lake Mahināpua is having an adverse effect on the conservation values of the bed of Lake Mahināpua; and b: in order to protect those conservation values, public access to, or recreational use and enjoyment of, the bed of Lake Mahināpua should be prohibited or regulated. 3: Without limiting subsections (1) and (2), the Minister of Conservation may make bylaws for the following purposes: a: prohibiting, by public notice, public access to, or recreational use and enjoyment of, the whole or any part of the bed of Lake Mahināpua either permanently or temporarily: b: providing for the form of any public notice and the manner in which it must be advertised: c: prescribing the forms of, and conditions on, public access to, or recreational use and enjoyment of, the bed of Lake Mahināpua: d: prohibiting or regulating any vehicles or boats using, or aircraft landing on or taking off from, the bed of Lake Mahināpua: e: prescribing offences in respect of the contravention or non-compliance with any bylaws made pursuant to paragraphs (a) and (d) and prescribing fines not to exceed $1,000: f: providing for such matters as are contemplated by, or necessary for giving full effect to, any bylaws made pursuant to this provision, and their due administration. 4: Before bylaws are made pursuant to subsection (1),— a: the Minister of Conservation must consult with the West Coast Conservation Board, the appropriate Papatipu Rūnanga (through Te Rūnanga o Ngāi Tahu), the West Coast Fish and Game Council, the West Coast Regional Council, the Westland District Council, and such other persons or organisations as the Minister of Conservation and Te Rūnanga o Ngāi Tahu agree are appropriate and practicable, as to the need for and content of the bylaws; and b: submissions on the draft bylaws must be invited by publishing a notice to this effect in a daily newspaper or newspapers circulating in the area where the bed of Lake Mahināpua is situated and in such other manner (if any) as the Minister of Conservation and Te Rūnanga o Ngāi Tahu may consider appropriate; and c: the Minister of Conservation must consider any submissions received on the draft bylaws. 5: For the avoidance of doubt, Te Rūnanga o Ngāi Tahu is an occupier of the bed of Lake Mahināpua for the purposes of the Trespass Act 1980 6: Bylaws 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 It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 196(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 197: Existing lawful commercial use and structures All— a: lawful commercial uses affecting the bed of Lake Mahināpua; and b: rights of ownership, use, and occupation of the structures in or upon the bed of Lake Mahināpua,— existing on 21 November 1997, and described in Schedule 10 198: Maimais 1: Levels of use in respect of maimais on the bed of Lake Mahināpua, existing on 21 November 1997, may continue unimpeded and without charge during a period of 5 years from the date of vesting of the fee simple estate in the bed of Lake Mahināpua in Te Rūnanga o Ngāi Tahu by section 192 2: After the expiry of the 5-year period referred to in subsection (1), the continued use of maimais on the bed of Lake Mahināpua will be at the discretion of Te Rūnanga o Ngāi Tahu. 199: Statutory adviser The following areas are sites for the purposes of sections 230 to 234 a: the areas described in Schedule 13 Conservation Act 1987 Schedule 1 b: any other areas within 500 metres of the bed of Lake Mahināpua (or such other distance as may be agreed in writing by the Minister of Conservation and Te Rūnanga o Ngāi Tahu) which may be held, managed, or administered under the Conservation Act 1987 or under any of the statutes listed in Schedule 1 200: Legal access to bed of Lake Mahināpua On the settlement date, or as soon as reasonably practicable thereafter, the Crown must grant an easement in the form set out in attachment 11.40 of the deed of settlement, in favour of the registered proprietor of the bed of Lake Mahināpua, over the recreation reserve land adjacent to the bed of Lake Mahināpua, notwithstanding section 59A Part 3B Lease of Te Waihora sites 201: Grant of leases 1: In this section, Pakoau Waikirikiri Part C 2: On the settlement date, the Crown, acting through the Minister of Conservation, must grant leases to Te Rūnanga o Ngāi Tahu of— a: Pakoau; and b: Waikirikiri— in the forms set out in attachments 11.41 and 11.42 of the deed of settlement. 3: The leases granted by subsection (2) are deemed to be concessions granted pursuant to and in compliance with Part 3B 12: Mahinga kai General 202: Purpose of this Part The purpose of this Part is to provide for the legislative matters contemplated by section 12 203: Interpretation Where a species of plant, animal, bird, or fish has been defined or is referred to in this Part by any 1 or more of its Māori, English, or scientific names, for the avoidance of doubt, the scientific name prevails. 204: Effective date of matters set out in this Part Except as expressly provided in this Part, the date on which the matters provided for in this Part take effect is the settlement date. Statutory acknowledgements 205: Interpretation 1: In sections 206 to 222 Schedules 14 to 77 consent authority section 2 deed of recognition sections 212 213 effective date lake a: means— i: a body of fresh water which is entirely or nearly surrounded by land, including a lake controlled by artificial means; and ii: the bed of the lake; but b: does not include— i: any part of the bed of the lake which is not in Crown ownership or control; or ii: with respect to a lake not controlled by artificial means, any land which the waters of the lake do not cover at its highest level without exceeding its margin; or iii: with respect to a lake controlled by artificial means, any land which the waters of the lake do not cover at its maximum operating level as prescribed from time to time by any resource consent or rule of a regional plan or proposed plan within the meaning of the Resource Management Act 1991 iv: any river or watercourse, artificial or otherwise, draining into or out of a lake resource consent section 87 river a: means— i: a continually or intermittently flowing body of fresh water, including a stream and modified watercourse; and ii: the bed of the river; but b: does not include— i: any part of the bed of the river which is not in Crown ownership or control; or ii: any land which the waters of the river do not cover at its fullest flow without overtopping its banks; or iii: any artificial watercourse (including an irrigation canal, water supply race, canal for the supply of water for electricity power generation, and farm drainage canal); or iv: any tributary flowing into a river, unless expressly provided to the contrary in the description of a particular river contained in any of Schedules 14 to 77 statutory acknowledgement section 206 section 313 section 332 sections 206 to 220 statutory areas Schedules 14 to 77 100 to 104 108 statutory area wetland a: means— i: a permanently or intermittently wet area, shallow water, and land water margin that supports a natural ecosystem of plants and animals that are adapted to wet conditions; and ii: the land beneath that wet area, shallow water, and land water margin; but b: does not include— i: any part of the land beneath the wet area, shallow water, or land water margin which is not in Crown ownership or control; or ii: any land bordering the wetland; or iii: any river or watercourse, artificial or otherwise, draining into or out of a wetland; or iv: any lake. 2: SO references are included in Schedules 14 to 77 206: Statutory acknowledgements by the Crown The Crown acknowledges the statements made by Te Rūnanga o Ngāi Tahu of the particular cultural, spiritual, historic, and traditional association of Ngāi Tahu with the statutory areas, the texts of which are set out in Schedules 14 to 77 207: Distribution of applications to Te Rūnanga o Ngāi Tahu 1: The Governor-General may, on the recommendation of the Minister for the Environment, from time to time, by Order in Council, make regulations, as contemplated by clause 12.2.3 of the deed of settlement,— a: providing for consent authorities to forward to Te Rūnanga o Ngāi Tahu a summary of any applications received for resource consents for activities within, adjacent to, or impacting directly on statutory areas; and b: providing for Te Rūnanga o Ngāi Tahu to waive its rights to be notified pursuant to such regulations. 2: Nothing in any regulations made pursuant to this section will in any way affect the discretion of a consent authority as to whether or not to notify any application pursuant to sections 93 to 94C adversely affected 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 207(2) amended 1 August 2003 section 105(1)(a) Resource Management Amendment Act 2003 Section 207(2) amended 1 August 2003 section 105(1)(b) Resource Management Amendment Act 2003 Section 207(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 208: Local authorities must have regard to statutory acknowledgements From the effective date, and without derogating from its obligations under Part 2 sections 93 to 94C Section 208 substituted 1 August 2003 section 105(2) Resource Management Amendment Act 2003 209: Environment Court to have regard to statutory acknowledgements From the effective date, and without derogating from its obligations under Part 2 section 274 210: Heritage New Zealand Pouhere Taonga and Environment Court to have regard to statutory acknowledgements 1: If, on or after the effective date, an application is made under section 44 56 61 a: Heritage New Zealand Pouhere Taonga, in exercising its powers under section 48 56 62 b: the Environment Court, in determining under section 59(1) 64(1) 2: In this section, archaeological site section 6 Section 210 replaced 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 211: Use of statutory acknowledgement with submissions 1: Te Rūnanga o Ngāi Tahu and any member of Ngāi Tahu Whānui may cite the relevant statutory acknowledgement in submissions to, and in proceedings before, a consent authority, the Environment Court, or Heritage New Zealand Pouhere Taonga 2: For the avoidance of doubt, the content of the association, as recorded in a statutory acknowledgement, is not by virtue of the statutory acknowledgement binding as deemed fact upon consent authorities, the Environment Court, Heritage New Zealand Pouhere Taonga 3: Neither Te Rūnanga o Ngāi Tahu nor any member of Ngāi Tahu Whānui is precluded from stating that Ngāi Tahu has any association with the statutory area not described in the relevant statutory acknowledgement, nor does the content or existence of the statutory acknowledgement derogate from any such statement. Section 211(1) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 211(2) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 212: Authorisation to enter into deeds of recognition Where a statutory acknowledgement has been made by section 206 section 332(1) 213: Form and terms of deeds of recognition A deed of recognition entered into pursuant to section 212 a: Te Rūnanga o Ngāi Tahu must be consulted; and b: particular regard must be had to the views of Te Rūnanga o Ngāi Tahu relating to the association described in the statutory acknowledgement to which the deed of recognition relates, concerning the management or administration of the statutory area by the responsible Minister of the Crown, or the Commissioner of Crown Lands, as the case may be,— on the matters specified in the deed of recognition. 214: Alienation of land In the event that land in respect of which a deed of recognition applies is alienated by the Crown, the deed of recognition is automatically terminated. 215: Purposes of statutory acknowledgements Without limiting sections 216 to 219 a: to require that consent authorities forward summaries of resource consent applications to Te Rūnanga o Ngāi Tahu, as required by regulations made pursuant to section 207 b: to require that consent authorities, Heritage New Zealand Pouhere Taonga sections 208 to 210 c: to empower the Minister of the Crown responsible for management of the statutory areas, or the Commissioner of Crown Lands, as the case may be, to enter into deeds of recognition, as provided in section 212 d: to enable Te Rūnanga o Ngāi Tahu and any member of Ngāi Tahu Whānui to cite statutory acknowledgements as evidence of the association of Ngāi Tahu to the statutory areas, as provided in section 211 Section 215(b) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 216: Purposes of deeds of recognition Without limiting sections 217 to 219 section 213 217: Exercise of powers, duties, and functions Except as expressly provided in sections 208 to 211 213 215 216 a: neither a statutory acknowledgement nor a deed of recognition affects, or may be taken into account in, the exercise of any power, duty, or function by any person or entity under any statute, regulation, or bylaw; and b: without limiting paragraph (a), no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngāi Tahu's association to a statutory area (as described in the relevant statutory acknowledgement) than that person or entity would give under the relevant statute, regulation, or bylaw, if no statutory acknowledgement or deed of recognition existed in respect of that statutory area. 218: Rights not affected Except as expressly provided in sections 206 to 220 219: Limitation of rights Except as expressly provided in sections 206 to 220 220: Recording of statutory acknowledgements on statutory plans 1: Local authorities within the Ngāi Tahu claim area must attach to all regional policy statements, district plans, and regional plans (including proposed plans and proposed policy statements) from time to time prepared pursuant to the Resource Management Act 1991 2: The attachment of information to any policy statement or plan pursuant to subsection (1) is for the purpose of public information only and the information is neither part of the plan (unless adopted by the relevant regional council or district council) nor subject to the provisions of Schedule 1 221: Pikirakatahi (Mount Earnslaw) 1: If any part of the area included in pastoral lease CL 338/105 (Otago Land District) on 21 November 1997 is ever surrendered to the Crown, then such part of that area as— a: is held under the Conservation Act 1987 Schedule 1 b: is identified using similar processes to those used before the date of the deed of settlement by Te Rūnanga o Ngāi Tahu and the Crown for identification of statutory areas which are mountains; and c: is agreed by Te Rūnanga o Ngāi Tahu and the Crown— becomes part of the statutory area known as Pikirakatahi (Mount Earnslaw) for the purposes of sections 205 to 220 Gazette 2: As soon as reasonably practicable after Te Rūnanga o Ngāi Tahu and the Crown agree pursuant to subsection (1)(c), the Minister of Conservation must notify that agreement, and the inclusion of the agreed area as part of the statutory area known as Pikirakatahi (Mount Earnslaw) pursuant to subsection (1), in the Gazette 222: Tokatā (The Nuggets) 1: If any part of the area described as the Islands sections 205 to 220 Gazette 2: As soon as reasonably practicable after any part of the Islands is confirmed to be in Crown ownership, the Minister of the Crown responsible for the department which manages that area must notify that confirmation, and the inclusion of that area as part of the statutory area known as Tokatā (The Nuggets) pursuant to subsection (1), in the Gazette Amendments to Resource Management Act 1991 223: Notification of application Section 223 repealed 1 August 2003 section 96 Resource Management Amendment Act 2003 224: Application not requiring notification Section 224 repealed 1 August 2003 section 96 Resource Management Amendment Act 2003 225: Representation at proceedings Amendment(s) incorporated in the Act(s) 226: New Schedule 11 inserted Amendment(s) incorporated in the Act(s) Amendments to Historic Places Act 1993 227: Interpretation Amendment(s) incorporated in the Act(s) 228: Powers of Trust in relation to authority application Amendment(s) incorporated in the Act(s) 229: Rights of appeal Amendment(s) incorporated in the Act(s) Te Rūnanga o Ngāi Tahu to be statutory adviser 230: Interpretation In sections 231 to 236 sites Schedule 79 sections 176 199 site statutory adviser section 231 sections 232 233 231: Appointment of statutory adviser Te Rūnanga o Ngāi Tahu is appointed as a statutory adviser in respect of the sites. 232: Functions of statutory adviser As a statutory adviser, Te Rūnanga o Ngāi Tahu may provide advice directly to the Minister of Conservation in respect of a site when the Minister is— a: considering any draft conservation management plan or conservation management strategy under the Conservation Act 1987 National Parks Act 1980 b: formulating written recommendations to the New Zealand Conservation Authority— in respect of that site. 233: Duty to have particular regard to advice The Minister of Conservation must have particular regard to the advice given by Te Rūnanga o Ngāi Tahu pursuant to section 232 234: Exception with regard to Te Waihora joint management plan Sections 232 233 235: Pikirakatahi (Mount Earnslaw) 1: If any part of the area presently included in pastoral lease CL 338/105 (Otago Land District) on 21 November 1997 is ever surrendered to the Crown and becomes a conservation area and managed by the Department of Conservation, then such part of that area as— a: is held under the Conservation Act 1987 Schedule 1 b: is identified using similar processes to those used before the date of the deed of settlement by Te Rūnanga o Ngāi Tahu and the Crown for the identification of sites which are mountains; and c: is agreed by Te Rūnanga o Ngāi Tahu and the Crown— becomes part of the site known as Pikirakatahi (Mount Earnslaw) for the purposes of sections 230 to 233 Gazette 2: As soon as reasonably practicable after Te Rūnanga o Ngāi Tahu and the Crown agree pursuant to subsection (1)(c), the Minister of Conservation must notify that agreement, and the inclusion of the agreed area as part of the site known as Pikirakatahi (Mount Earnslaw) pursuant to subsection (1), in the Gazette 236: Tokatā (The Nuggets) 1: If any part of the area described as the Islands sections 230 to 233 Gazette 2: As soon as reasonably practicable after any part of the Islands are confirmed to be in Crown ownership, the Minister of the Crown responsible for the department which manages that area must notify that confirmation, and the inclusion of that area as part of the site known as Tokatā (The Nuggets) pursuant to subsection (1), in the Gazette Tōpuni 237: Interpretation In sections 238 to 253 Ngāi Tahu values Tōpuni National Parks Act 1980 Conservation Act 1987 Reserves Act 1977 section 238 sections 239 to 252 238: Declaration as Tōpuni The areas described in Schedules 80 to 93 239: Description of Ngāi Tahu values The Crown acknowledges the Ngāi Tahu values in relation to the Tōpuni, the texts of which are set out in Schedules 80 to 93 240: Actions by Minister of Conservation in Tōpuni 1: Te Rūnanga o Ngāi Tahu and the Crown may, from time to time, agree on specific principles which are directed at the Minister of Conservation avoiding harm to, or the diminishing of, the Ngāi Tahu values in relation to each Tōpuni. 2: Any principles agreed pursuant to subsection (1), and any amendments to such principles, must be notified by the Minister of Conservation in the Gazette 241: New Zealand Conservation Authority and conservation boards to have particular regard to Ngāi Tahu values When the New Zealand Conservation Authority or any conservation board approves or otherwise considers any general policy, conservation management strategy, conservation management plan, or national park management plan in respect of a Tōpuni, it must have particular regard to— a: the Ngāi Tahu values of the Tōpuni; and b: any specific principles agreed, from time to time, between Te Rūnanga o Ngāi Tahu and the Crown pursuant to section 240 242: New Zealand Conservation Authority and relevant conservation boards to consult with Te Rūnanga o Ngāi Tahu The New Zealand Conservation Authority or relevant conservation board must consult with Te Rūnanga o Ngāi Tahu and have particular regard to its views as to the effect on the Ngāi Tahu values of any policy, strategy, or plan referred to in section 241 243: Notification of Tōpuni 1: The Tōpuni declared by section 238 2: The initial identification and description of the Tōpuni in a conservation management strategy, conservation management plan, or national park management plan is for the purpose of public notice only and is not an amendment to the conservation management strategy, conservation management plan, or national park management plan for the purposes of section 17I section 46 3: The declaration of the Tōpuni in section 238 Gazette 244: Actions by Director-General 1: On notification by the Minister of Conservation in the Gazette section 240 2: The Director-General retains a complete discretion to determine the method and extent of the action referred to in subsection (1). 3: The Director-General must notify Te Rūnanga o Ngāi Tahu of what action the Director-General intends to take pursuant to subsections (1) and (2). 4: If requested in writing by Te Rūnanga o Ngāi Tahu, the Director-General must not take action in respect of the specific principles referred to in section 240 5: Without limiting subsection (2), the Director-General may, after consultation with the conservation boards affected, initiate an amendment of any relevant conservation management strategy, conservation management plan, or national park management plan to incorporate objectives relating to the specific principles referred to in section 240 6: Any amendment initiated pursuant to subsection (5) is an amendment for the purposes of section 17I(1) to (3) section 46(1) to (4) 7: The Director-General may, at his or her discretion, notify in the Gazette 245: Regulations 1: The Governor-General may, on the recommendation of the Minister of Conservation, from time to time, by Order in Council, make regulations for the following purposes: a: providing for the implementation of objectives included in conservation management strategies, conservation management plans, and national park management plans pursuant to section 244(5) b: regulating or prohibiting activities or conduct by members of the public in a Tōpuni: c: creating offences in respect of the contravention of any regulations made pursuant to paragraph (b), and providing for the imposition of fines not exceeding $5,000 for those offences. 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 245(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 246: Bylaws 1: The Minister of Conservation may, upon the recommendation of Te Rūnanga o Ngāi Tahu, make bylaws for the following purposes: a: providing for the implementation of objectives included in conservation management strategies, conservation management plans, and national park management plans pursuant to section 244(5) b: regulating or prohibiting activities or conduct by members of the public in a Tōpuni: c: creating offences in respect of the contravention of any bylaws made pursuant to paragraph (b), and providing for the imposition of fines not exceeding $1,000 for those offences. 2: Bylaws 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 It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 246(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 247: Existing classification of Tōpuni Notwithstanding the declaration of a Tōpuni by section 238 section 248 248: Revocation of status 1: The Governor-General may, on the recommendation of the Minister of Conservation, by Order in Council declare that an area previously declared as Tōpuni is no longer a Tōpuni. 2: The Minister of Conservation must not make a recommendation for the purposes of subsection (1) unless Te Rūnanga o Ngāi Tahu and the Minister of Conservation have agreed in writing that Tōpuni status is no longer appropriate for the area concerned. 3: The Minister of Conservation must ensure that an order under this section is published in the Gazette Section 248(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 249: Purpose of declaration as Tōpuni Without limiting sections 250 to 252 section 238 section 239 a: the agreement on specific principles pursuant to section 240 b: the requirement that the New Zealand Conservation Authority and conservation boards have particular regard to the Ngāi Tahu values and those specific principles, as provided in section 241 c: the requirement that the New Zealand Conservation Authority and conservation boards consult with Te Rūnanga o Ngāi Tahu and have particular regard to its views, as provided in section 242 d: the taking of action in respect of those specific principles as provided in section 244 250: Exercise of powers, duties, and functions Except as expressly provided in sections 237 to 253 a: neither the declaration of Tōpuni by section 238 section 239 b: without limiting paragraph (a), no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to the Ngāi Tahu values than that person or entity would give under the relevant statute, regulation, or bylaw, if no Tōpuni had been declared and no Ngāi Tahu values acknowledged. 251: Rights not affected Except as expressly provided in sections 237 to 253 section 238 section 239 252: Limitation of rights Except as expressly provided in sections 237 to 253 section 238 section 239 253: Pikirakatahi (Mount Earnslaw) 1: If any part of the area included in pastoral lease CL 338/105 (Otago Land District) on 21 November 1997 is ever surrendered to the Crown and becomes a conservation area managed by the Department of Conservation, then such part of that area as— a: is held under the Conservation Act 1987 Schedule 1 b: is identified using similar processes to those used before the date of the deed of settlement by Te Rūnanga o Ngāi Tahu and the Crown for identification of Tōpuni which are mountains; and c: is agreed by Te Rūnanga o Ngāi Tahu and the Crown— becomes part of the Tōpuni known as Pikirakatahi (Mount Earnslaw) for the purposes of sections 237 to 252 Gazette 2: As soon as reasonably practicable after Te Rūnanga o Ngāi Tahu and the Crown agree pursuant to subsection (1)(c), the Minister of Conservation must notify that agreement, and the inclusion of the agreed area as part of the Tōpuni known as Pikirakatahi (Mount Earnslaw) pursuant to subsection (1), in the Gazette Provision for Kahurangi pouwhenua 254: Pouwhenua 1: Notwithstanding section 49 Part 3B section 238 2: Te Rūnanga o Ngāi Tahu has responsibility for the pouwhenua. 3: Te Rūnanga o Ngāi Tahu may have access to the pouwhenua. 4: The Minister of Conservation may impose such terms and conditions as the Minister considers appropriate— a: relating to the erection of the pouwhenua: b: for the protection of the national park values of the area: c: to avoid, remedy, or mitigate any adverse effects arising from erecting and maintaining the pouwhenua. Nohoanga entitlements 255: Interpretation In sections 256 to 268 entitlement land holder section 260 land holding agent nohoanga entitlement section 256(1) and (2) 256: Creation and granting of nohoanga entitlements 1: The Crown may create and grant to Te Rūnanga o Ngāi Tahu renewable entitlements over Crown-owned land in the Ngāi Tahu claim area which meets the criteria set out in section 258 2: Nohoanga entitlements are created and granted for the purpose of permitting members of Ngāi Tahu Whānui to occupy temporarily land close to waterways on a non-commercial basis, so as to have access to waterways for lawful fishing and gathering of other natural resources. 3: The Crown must create and grant 72 nohoanga entitlements to Te Rūnanga o Ngāi Tahu for an initial term of 10 years— a: in the form set out in Schedule 94 b: over the entitlement land identified in Schedule 95 c: on the terms and conditions (if any) set out in Schedule 95. 4: Nohoanga entitlements must be granted pursuant to subsection (3) no later than 5 business days after the completion of surveys of the entitlement land and approval of those surveys by the Surveyor-General 5: The Crown must take reasonable steps to complete the surveys of the entitlement land for the purpose of granting the nohoanga entitlements within 9 months after the settlement date, but in any event must complete the surveys no later than 12 months after the settlement date. 6: Unless terminated pursuant to section 265 7: Section 11 Part 10 8: Part 3B 9: The grant of a nohoanga entitlement pursuant to subsection (4) must be notified by the land holding agent in the Gazette 10: The Surveyor-General Gazette Section 256(4) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002 Section 256(10) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002 257: Vesting of entitlement land 1: At the Crown's discretion, the Crown may vest in Te Rūnanga o Ngāi Tahu an estate in fee simple in any entitlement land. 2: After consultation with Te Rūnanga o Ngāi Tahu and having had particular regard to its views, the Crown may impose such conditions as it considers necessary or desirable as to the ongoing management and administration of the surrounding area to the entitlement land, the fee simple estate in which is vested in Te Rūnanga o Ngāi Tahu pursuant to subsection (1). 3: The vesting of a fee simple estate in Te Rūnanga o Ngāi Tahu pursuant to subsection (1) discharges the Crown fully from its obligation to grant a nohoanga entitlement over that entitlement land or any replacement entitlement land. 4: The relevant land holding agent must, before a vesting pursuant to subsection (1), comply with any statutory or regulatory requirements and processes relating to the alienation of the relevant entitlement land by the Crown. 258: Type of land The land over which a nohoanga entitlement is granted is to be determined by the land holding agent and the Minister of Māori Affairs in agreement with Te Rūnanga o Ngāi Tahu and must be land— a: already in Crown ownership; and b: of approximately 1 hectare in area (unless otherwise agreed in writing by those persons) and suitable for temporary occupation; and c: situated sufficiently close to a waterway to permit convenient access to the waterway (normally land adjacent to the marginal strip or esplanade reserve or similar strip bordering the waterway itself); and d: to which lawful access exists; and e: where the existing practices and patterns of public use at the time the nohoanga entitlement is created are not unreasonably impaired by the granting of a nohoanga entitlement; and f: the location of which does not unreasonably exclude public access to any waterway. 259: Rights attaching to nohoanga entitlements 1: The holder of a nohoanga entitlement has the right to occupy temporarily the entitlement land to the exclusion of any other person (other than agents of the Crown, or other persons empowered by statute, and undertaking their normal functions in relation to the land) for up to 210 days in any calendar year (such days to exclude any day on and from 1 May to 15 August). 2: The holder has the right to erect camping shelters or similar temporary dwellings during the period or periods that the right to occupy the entitlement land pursuant to subsection (1) is being exercised. 3: The holder must,— a: when ceasing to exercise the right to occupy the entitlement land pursuant to subsection (1), remove camping shelters or temporary dwellings erected pursuant to subsection (2); and b: leave the entitlement land in substantially the same condition as it was in at the beginning of the period in each year when occupation may commence pursuant to subsection (1), except for temporary effects normally associated with this type of occupation. 4: Notwithstanding subsection (3) but subject to subsections (5) to (8) and section 260(4) section 256(2) 5: The giving of consent by a land holding agent pursuant to subsection (4) is completely at the land holding agent's discretion and subject to such conditions as the land holding agent thinks fit. 6: Where entitlement land is land held under the Conservation Act 1987 Schedule 1 a: require an environmental impact report in relation to the proposed activities and an audit of that report at the holder's expense; and b: impose reasonable conditions to avoid, remedy, or mitigate any adverse effects of the activities on the entitlement land and the surrounding land or on any wildlife. 7: When applying for a consent pursuant to subsection (4), the holder must provide to the land holding agent details of the proposed activities, including but not limited to,— a: the effect of the activities on the entitlement land and, where the entitlement land is land held under the Conservation Act 1987 Schedule 1 b: any proposed measures by the holder to avoid, remedy, or mitigate any adverse effects. 8: If the Crown has complied with its obligations pursuant to the nohoanga entitlement, it is not obliged to compensate the holder for any activities undertaken by the holder pursuant to subsection (4), whether on termination of the nohoanga entitlement or at any other time. 9: Part 3B 260: Obligations related to nohoanga entitlements 1: The existence and exercise of a nohoanga entitlement— a: must not impede public access along a waterway; and b: does not restrict the Crown's right to alienate either the entitlement land, land adjacent to the entitlement land, or land adjacent to the waterway next to which the entitlement land is situated. 2: If the Crown alienates, or changes the classification or status of, land adjacent to the entitlement land, with the result that lawful access to the entitlement land no longer exists, the Crown must ensure that Te Rūnanga o Ngāi Tahu continues to have the same type of access to the entitlement land as existed prior to the alienation or change of classification or status, unless and until the nohoanga entitlement over that entitlement land is terminated pursuant to section 265 3: The Crown's obligations pursuant to subsection (2) are subject to its obligation to comply with any statutory or regulatory requirements. 4: The holder, and the activities carried on by the holder on the entitlement land (including any work undertaken on the entitlement land pursuant to section 259(4) to (8) 5: In carrying out land and water management practices relating to the entitlement land, the land holding agent must— a: have regard to the existence of the nohoanga entitlement; and b: notify Te Rūnanga o Ngāi Tahu of any activity which may affect the holder; and c: avoid unreasonable disruption to the holder. 6: Subject to subsection (5),— a: a nohoanga entitlement may be suspended at any time at the discretion of the land holding agent, after consulting with Te Rūnanga o Ngāi Tahu and having particular regard to its views, if necessary for reasons of management in accordance with the purposes for which the land over which the nohoanga entitlement has been granted is held; and b: if a nohoanga entitlement is suspended pursuant to this subsection, the rights under that nohoanga entitlement may be exercised by the holder outside the entitlement period described in section 259(1) 7: The rights of Te Rūnanga o Ngāi Tahu under a nohoanga entitlement may be assigned by Te Rūnanga o Ngāi Tahu to any Papatipu Rūnanga. 8: Te Rūnanga o Ngāi Tahu must, before assigning any of its rights pursuant to subsection (7), give to the Crown written notice of its intention to assign its rights, including the contact details of the person or persons responsible for the receipt of notices in respect of the nohoanga entitlement. 9: An assignment by Te Rūnanga o Ngāi Tahu of any of its rights pursuant to subsections (7) and (8) is without prejudice to the Crown's rights, powers, and remedies against Te Rūnanga o Ngāi Tahu under the nohoanga entitlement. 10: Te Rūnanga o Ngāi Tahu or its assignee may grant sub-entitlements to members of Ngāi Tahu Whānui in respect of each nohoanga entitlement. 11: A sub-entitlement granted pursuant to subsection (10) must be consistent with the terms of the nohoanga entitlement in respect of which it is granted. 12: The Crown's obligations to notify Te Rūnanga o Ngāi Tahu of any matter pursuant to a nohoanga entitlement do not extend to any holder of a sub-entitlement granted pursuant to subsection (10). 13: On termination of a nohoanga entitlement, any sub-entitlement granted pursuant to subsection (10) is automatically terminated. 14: The holder of a nohoanga entitlement has rights of enforcement of the nohoanga entitlement against a person who is not a party to the deed of settlement as if the holder were the owner of the entitlement land. 15: Nohoanga entitlements are subject to— a: such other special terms and conditions as the Crown reasonably requires to give effect to sections 255 to 268 b: such variations as may be agreed by the land holding agency and Te Rūnanga o Ngāi Tahu to the provisions of section 259 which are contained in each particular nohoanga entitlement. 261: Boundaries of entitlement land The boundaries of entitlement land must be defined by 1 or more of the following methods: a: by references to any plan lodged in the office of the Surveyor-General Surveyor-General b: by reference to any existing survey plan: c: in accordance with a plan that meets standards agreed from time to time by the land holding agent and the Surveyor-General. Section 261(a) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002 262: Section 44 of Reserves Act 1977 not to apply Section 44 263: Rates The grant of a nohoanga entitlement is not a lease, licence, or other agreement for the purposes of note 2 of Part 1 Section 263 substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002 264: Targeted rates Te Rūnanga o Ngāi Tahu is liable to pay targeted rates under section 9 section 259(1) Section 264 substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002 265: Termination of nohoanga entitlements 1: The Crown may terminate a nohoanga entitlement if— a: the Crown alienates the entitlement land during the term of a nohoanga entitlement; or b: the entitlement land is destroyed or permanently detrimentally affected by any natural cause; or c: it is a condition of the nohoanga entitlement that the entitlement land is on reserve land which may be required for the specific purpose for which it was originally set apart as a reserve and it becomes so required, or it is an unformed legal road which becomes formed; or d: subject to section 260(2) 2: On termination of a nohoanga entitlement pursuant to subsection (1), unless the fee simple estate in the entitlement land has been vested in Te Rūnanga o Ngāi Tahu pursuant to section 257 3: A site over which a replacement nohoanga entitlement is granted pursuant to subsection (2) must— a: meet the criteria set out in sections 256(1) 258 260(1) b: be identified by similar processes to those used by Te Rūnanga o Ngāi Tahu and the Crown for identification of entitlement land, prior to entry into the deed of settlement. 4: If the holder of a nohoanga entitlement defaults in performing any of the holder's obligations pursuant to the nohoanga entitlement, and— a: the default is capable of remedy, the Crown may give written notice to Te Rūnanga o Ngāi Tahu specifying the default and the remedy which the Crown requires (which remedy must be reasonable in the relevant circumstances); or b: the default is not capable of remedy, the Crown may immediately terminate the nohoanga entitlement by notice in writing to Te Rūnanga o Ngāi Tahu. 5: Unless within 41 business days after the giving of notice pursuant to subsection (4)(a) the default specified in the notice has been remedied, or appropriate action has been taken to remedy the default as required in that notice, the Crown may immediately terminate the nohoanga entitlement by notice in writing to Te Rūnanga o Ngāi Tahu. 6: If a nohoanga entitlement is terminated pursuant to subsection (4)(b) or subsection (5), Te Rūnanga o Ngāi Tahu may apply to the Minister of Māori Affairs for a replacement nohoanga entitlement, after the expiry of 2 years from the date of termination. 266: Purpose of creation of nohoanga entitlements Without limiting sections 267 268 section 256(2) 267: Rights not affected Except as expressly provided in sections 255 to 268 268: Limitation of rights Except as expressly provided in sections 255 to 268 Place names 269: Amendment of place names on official maps 1: Each place name in column 1 of Schedule 96 2: The amendments made by subsection (1) are deemed to have been made with the approval of the New Zealand Geographic Board and in accordance with the New Zealand Geographic Board Act 1946 270: Encouragement of use of original Māori place names Section 270 repealed 1 November 2008 section 38 New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 271: Reinstatement of name of Kaiapoi Pā Amendment(s) incorporated in the Act(s) Appointments to statutory boards 272: New Zealand Conservation Authority 1: Amendment(s) incorporated in the Act(s) 2: The person to be appointed pursuant to section 6D(1)(ca) 273: Membership of Conservation Boards 1: Amendment(s) incorporated in the Act(s) 2: The persons to be appointed pursuant to section 6P(7B)(a) and (7C)(a) 274: Guardians of Lakes Manapōuri, Monowai, and Te Anau (1), (2): Amendment(s) incorporated in the Act(s) 3: The person to be appointed on the nomination of Te Rūnanga o Ngāi Tahu pursuant to section 6X(1A) 275: Guardians of Lake Wanaka 1: Amendment(s) incorporated in the Act(s) 2: The person to be appointed on the nomination of Te Rūnanga o Ngāi Tahu pursuant to section 5(1A) 276: New Zealand Geographic Board Amendment(s) incorporated in the Act(s) Te Rūnanga o Ngāi Tahu to be adviser to Fish and Game Councils 277: Interpretation In sections 278 to 280 native game birds a: Maunu/Pārera (Grey duck— Anas superciliosa b: Pākura/Pūkeko (Pūkeko— Porphyrio porphyrio c: Pūtakitaki (Paradise shelduck— Tadorna variegata d: Tētē (Shoveller— Anas rhynochotis 278: Appointment as statutory adviser Te Rūnanga o Ngāi Tahu is appointed as a statutory adviser to each Fish and Game Council whose region falls wholly or partly within the boundaries of the Ngāi Tahu claim area, in respect of the matters referred to in section 279 279: Function of statutory adviser Pursuant to its appointment as a statutory adviser under section 278 a: any decision by that Fish and Game Council to formulate and recommend to the New Zealand Fish and Game Council conditions for hunting seasons for native game birds in accordance with the Conservation Act 1987 Wildlife Act 1953 b: the preparation in accordance with the Conservation Act 1987 280: Duty to have particular regard to advice A Fish and Game Council to which Te Rūnanga o Ngāi Tahu provides advice pursuant to section 279 Department of Conservation protocols 281: Interpretation In this Part, the term protocol a: how the Department of Conservation will exercise its functions, powers, and duties in relation to specified matters within the Ngāi Tahu claim area; and b: how the Department of Conservation will, on a continuing basis, interact with Te Rūnanga o Ngāi Tahu and provide for Te Rūnanga o Ngāi Tahu's input into its decision-making process. 282: Authority to issue, amend, or cancel protocols 1: The Minister of Conservation may, from time to time, issue, amend, and cancel protocols. 2: Protocols may be amended or cancelled pursuant to subsection (1) at the initiative of either the Minister of Conservation or Te Rūnanga o Ngāi Tahu. 3: The Minister of Conservation may amend or cancel protocols pursuant to this section only after consulting Te Rūnanga o Ngāi Tahu and having particular regard to its views. 4: As soon as reasonably practicable after the issue, amendment, or cancellation of a protocol, the Minister of Conservation must notify such issue, amendment, or cancellation in the Gazette 283: Protocols subject to Crown obligations Protocols are issued and amended, subject to, and without restriction upon,— a: the obligations of the Minister of Conservation and the Department of Conservation to discharge their respective functions, powers, and duties in accordance with existing law and government policy from time to time; and b: the Crown's powers to amend policy, and introduce legislation amending existing law. 284: Noting of protocols 1: The existence of protocols, once issued, and as amended from time to time, including the definition of protocols as set out in section 281 2: Noting of protocols pursuant to subsection (1) is for the purpose of public notice only and is not an amendment to the relevant strategies or plans for the purposes of section 17I section 46 285: Enforceability of protocols 1: The Minister of Conservation must comply with a protocol as long as it remains in force. 2: If the Minister of Conservation fails unreasonably to comply with a protocol, Te Rūnanga o Ngāi Tahu may, subject to the Crown Proceedings Act 1950 3: Notwithstanding subsection (2), damages are not available as a remedy for failure to comply with a protocol. 4: This section does not apply to any guidelines developed pursuant to a protocol. 286: Limitation of rights Except as expressly provided in sections 283 to 285 Conservation Act 1987 Schedule 1 Taonga species 287: Interpretation In sections 288 to 296 recovery plan section 41(1)(e) species recovery group taonga species Schedule 97 threatened species endangered species Molloy and Davis—Setting Priorities for the Conservation of New Zealand's Threatened Plants and Animals, Second Edition, October 1994, Department of Conservation 288: Special association with taonga species acknowledged The Crown acknowledges the cultural, spiritual, historic, and traditional association of Ngāi Tahu with the taonga species. 289: Purpose of acknowledgement Without limiting sections 290 to 292 section 288 sections 293 294 290: Exercise of powers, duties, and functions Except as expressly provided in sections 288 to 296 a: the acknowledgement made in section 288 b: without limiting paragraph (a), no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngāi Tahu's association to the taonga species than that person or entity would give under the relevant statute, regulation, or bylaw if no acknowledgement had been made by the Crown of that association to the taonga species. 291: Rights not affected Except as expressly provided in sections 288 to 296 292: Limitation of rights Except as expressly provided in sections 288 to 296 293: Species management of all taonga species The Crown having acknowledged the special association of Ngāi Tahu to the taonga species in section 288 a: advise Te Rūnanga o Ngāi Tahu in advance of any relevant conservation management strategy reviews or the preparation of any statutory or non-statutory plans, policies, or documents (including any amendments or reviews) relating to a taonga species; and b: consult with, and have particular regard to the views of, Te Rūnanga o Ngāi Tahu when the Minister makes policy decisions concerning the protection, management, or conservation of a taonga species, including— i: recommendations to the Governor-General in Council for the promulgation of any regulations under any enactment; or ii: the preparation of any plans or publications for the advancement, conservation, management, or control of a taonga species pursuant to section 41(1)(e) iii: proposals for the transfer of a taonga species into or from the Ngāi Tahu claim area or methods of control or protection of a taonga species. 294: Species recovery groups The Crown having acknowledged the special association of Ngāi Tahu with the taonga species in section 288 a: provide Te Rūnanga o Ngāi Tahu with copies of the proceedings and publications of any relevant species recovery group for that taonga species; and b: consult with, and have particular regard to the views of, Te Rūnanga o Ngāi Tahu when the Director-General makes policy decisions concerning the protection, management, or conservation of all taonga species subject to a species recovery group, including— i: recommendations to the Minister of Conservation in respect of the promulgation of any regulations under any enactment; or ii: the preparation of any plans or publications for the advancement, conservation, management, or control of a taonga species pursuant to section 41(1)(e) iii: proposals for the transfer of a taonga species into or from the Ngāi Tahu claim area or methods of control or protection of a taonga species; and c: invite Te Rūnanga o Ngāi Tahu to nominate a person to join any relevant species recovery group for a taonga species which exists or existed solely or predominantly within the Ngāi Tahu claim area; and d: in the case of kākāpō, hoiho (yellow-eyed penguin), kakī (black stilt), mohua (yellowhead), takahē, tīeke (South Island saddleback), and rāpoka/whakahao (New Zealand sea lion), invite Te Rūnanga o Ngāi Tahu to nominate a person to join the species recovery groups for those taonga species. 295: Notice of establishment of species recovery groups The Director-General must give Te Rūnanga o Ngāi Tahu reasonable advance notice of the establishment of a species recovery group in respect of a taonga species. 296: Possession of specimens of wildlife 1: In this section,— sale Wildlife Act 1953 specimens section 3 section 5 2: Notwithstanding anything to the contrary contained or implied in the Wildlife Act 1953 Wildlife Regulations 1955 3: Possession of specimens may be transferred between members of Ngāi Tahu Whānui by way of gift, bequest, or other non-commercial transfer but specimens may not be transferred by way of sale, whether to other members of Ngāi Tahu Whānui or to any other person or entity. 4: This section does not permit or authorise the hunting or killing of wildlife other than in accordance with the Wildlife Act 1953 Customary fisheries 297: Interpretation In sections 298 to 311 freshwater section 2 freshwater fish section 2 individual transferable quota section 2 non-commercially harvested species section 306(1) QMA section 2 section 2 QMS section 2 section 2 quota section 307 Shellfish Species Part B Shellfish Species TACC section 49(3) South Island fisheries waters taonga fish species Part A total allowable commercial catch sections 20 21 298: Special association with taonga fish species acknowledged The Crown acknowledges the cultural, spiritual, historic, and traditional association of Ngāi Tahu with the taonga fish species. 299: Purpose of acknowledgement Without limiting sections 300 to 302 section 298 sections 303 304 300: Exercise of powers, duties, and functions Except as expressly provided in sections 303 304 a: the acknowledgement made in section 298 b: without limiting paragraph (a), no person or entity, in considering any matter or making any decision or recommendation under any statute, regulation, or bylaw, may give any greater or lesser weight to Ngāi Tahu's association to the taonga fish species than that person or entity would give under the relevant statute, regulation, or bylaw, if no acknowledgement had been made by the Crown of that association to the taonga fish species. 301: Rights not affected Except as expressly provided in sections 303 to 311 section 298 302: Limitation of rights Except as expressly provided in sections 303 to 311 section 298 303: Management of taonga fish species under Fisheries Act 1983 and Fisheries Act 1996 1: The Crown having acknowledged the special association of Ngāi Tahu to the taonga fish species in section 298 a: consult with Te Rūnanga o Ngāi Tahu in its capacity as an advisory committee appointed pursuant to clause 12.14.7 of the deed of settlement; and b: recognise and provide for the association of Ngāi Tahu with the taonga fish species, consistent with the overall objectives of the Fisheries Act 1983 Fisheries Act 1996 2: Subsection (1) applies only to the extent that the Minister of Fisheries is responsible for the taonga fish species. 304: Management of taonga fish species under Conservation Act 1987 1: The Crown having acknowledged the special association of Ngāi Tahu to the taonga fish species in section 298 2: Subsection (1) does not derogate from the obligations of the Minister of Conservation under section 4 Treaty of Waitangi 305: Amendments to Conservation Act 1987 regarding Māori fishing rights Amendment(s) incorporated in the Act(s) 306: Non-commercially harvested species 1: In this section, non-commercially harvested species a: Kākahi/Koaru (Freshwater mussels— Unio menziesi b: Kanakana/Ute (Southern lamprey— Geotria australis c: Karengo (Karengo/Nori— Porphyra columbina d: Karengo (Sea lettuce— Ulva e: Rimurapa (Bull kelp— Durvillee f: Toheroa/Tupehokura (Toheroa— Paphies ventricosum g: Waikōura (Freshwater crayfish— Paranephrops 2: Amendment(s) incorporated in the regulations 3: Amendment(s) incorporated in the regulations 4: Amendment(s) incorporated in the regulations 307: Right of first refusal to purchase quota 1: Te Rūnanga o Ngāi Tahu has a right of first refusal to purchase from the Crown a proportion of the total allowable commercial catch of a Shellfish Species made subject to a QMS. 2: The proportion of the total allowable commercial catch for which Te Rūnanga o Ngāi Tahu has a right of first refusal pursuant to subsection (1) is the lesser of the following quantities: a: 40% of the total allowable commercial catch for the Shellfish Species in respect of any QMA in the Ngāi Tahu claim area: b: the quantity of quota allocated to the Crown pursuant to section 49(3) 3: If only part of a QMA is in the Ngāi Tahu claim area, the proportion of the total allowable commercial catch for the purposes of subsection (2) is 40% of the proportion of the total allowable commercial catch that relates to the part of the QMA in the Ngāi Tahu claim area. 4: The price, terms, and conditions for a purchase under subsection (1) are to be set by the Crown. 5: The process for a purchase pursuant to subsection (1) will, subject to the process set out in clauses 12.14.18 and 12.14.19 of the deed of settlement, as quoted in Schedule 99 6: The Minister of Fisheries and Te Rūnanga o Ngāi Tahu may agree in writing to amend the terms of the process quoted in Schedule 99 Gazette 308: Exceptions to right of first refusal The right of first refusal in section 307 a: does not apply in respect of any provisional individual transferable quota allocated to the Crown pursuant to section 49 b: does not apply in respect of any individual transferable quota acquired by any means by the Crown after the initial allocation of individual transferable quota; and c: does not require the Crown to purchase any provisional catch history or other catch rights pursuant to section 37 309: Aggregation rules in respect of right of first refusal To the extent that the aggregate of— a: the percentage of quota purchased by Te Rūnanga o Ngāi Tahu pursuant to the right of first refusal provided for in section 307 b: any percentage of quota received by Te Rūnanga o Ngāi Tahu from the Treaty of Waitangi Fisheries Commission— exceeds limits on aggregation of holding quota under section 28W section 59 section 60 310: Temporary closure of fishing area or restriction on fishing methods Amendment(s) incorporated in the Act(s) 311: Temporary closure of fisheries Amendment(s) incorporated in the Act(s) Coastal management 312: Interpretation In section 314 subject areas Schedules 100 to 104 313: Statutory acknowledgements by the Crown The Crown acknowledges the statements made by Te Rūnanga o Ngāi Tahu of the particular cultural, spiritual, historic, and traditional association of Ngāi Tahu with the subject areas, the texts of which are set out in Schedules 100 to 104 314: Subject areas The subject areas are statutory areas for the purposes of sections 205 207 to 211 section 215(a), (b), and (d) sections 217 to 220 Coastal tendering 315: Interpretation In sections 316 to 320 authorisation section 151 coastal marine area section 2(1) 316: Te Rūnanga o Ngāi Tahu's right to purchase authorisations 1: If the Minister of Conservation offers by tender, pursuant to section 157 section 317 2: The proportion of authorisations that Te Rūnanga o Ngāi Tahu has a preferential right to purchase pursuant to subsection (1) must,— a: in area, not exceed (together with the area of any authorisations already granted to Te Rūnanga o Ngāi Tahu pursuant to this Part) 10% of the area of the authorisations granted or proposed to be granted by the Minister of Conservation in that tender round pursuant to section 161 b: in terms of the relevant portions of the coastal marine area, be of not less than fair average quality relative to the quality of those portions for all other authorisations that are the subject of the tender round. 3: The limitation in subsection (2)(a) may be exceeded to the extent that the size and shape of the particular portion of the coastal marine area concerned make it impracticable to comply with the limitation. 317: Exercise of right to purchase authorisations 1: The process for exercise of the preferential right to purchase authorisations pursuant to section 316 Schedule 105 2: The Minister of Conservation and Te Rūnanga o Ngāi Tahu may agree in writing to amend the terms of the process quoted in Schedule 105 Gazette 318: Te Rūnanga o Ngāi Tahu deemed to have made tender 1: For the purposes of this Part and sections 159 to 161 section 316 section 158 2: If, in response to an offer by tender referred to in section 316(1) 319: Resource Management Act 1991 not affected Except as provided in sections 315 to 318 sections 151 to 162 320: Sections 315 to 318 not to affect or create rights on coastal marine areas Except as provided in sections 315 to 318 a: affects the lawful rights or interests of persons who are not parties to the deed of settlement in relation to a coastal marine area; or b: grants, creates, or evidences an estate or interest in, or rights of any kind, relating to a coastal marine area. 13: Specific sites 321: Purpose of this Part The purpose of this Part is to provide for the legislative matters contemplated by section 13 (specific sites) of the deed of settlement 322: Effective date of matters set out in this Part Except as expressly provided in this Part, the date on which the matters provided for in this Part take effect is the settlement date. 323: Interpretation In this Part, Minister Arahura Valley 324: Interpretation In sections 325 326 legal roads Schedule 106 top section Schedule 106 Waitaiki Historic Reserve section 326(2)(a) 325: Stopping and vesting legal roads 1: The legal roads are stopped. 2: The fee simple estate in the legal roads is vested in the Māwhera Incorporation as Māori freehold land. 3: The vesting by subsection (2) is subject to the encumbrances relating to the legal roads described in Schedule 106 4: For the purposes of section 471 Part 4A 326: Creation and management of Waitaiki Historic Reserve 1: The top section ceases to be a conservation area. 2: The top section is deemed to be— a: declared a reserve, and classified as an historic reserve, pursuant to the Reserves Act 1977 b: vested in the Māwhera Incorporation pursuant to section 26 Schedule 107 c: named the Waitaiki Historic Reserve section 16(10) 3: The quoting in Schedule 107 section 26(2) 4: In relation to the Waitaiki Historic Reserve, the Māwhera Incorporation is an administering body for the purposes of the Reserves Act 1977 Rarotoka 327: Rarotoka to be vested in Te Rūnanga o Ngāi Tahu as Māori freehold land 1: In this section, Rarotoka Schedule 106 2: The fee simple estate in Rarotoka is vested in Te Rūnanga o Ngāi Tahu as Māori freehold land. 3: For the purposes of section 471 Part 4A Whenua Hou 328: Interpretation In sections 329 to 332 Codfish Island Nature Reserve Schedule 106 committee section 331(1) Whenua Hou 329: Change of name of Codfish Island Nature Reserve The name of Codfish Island Nature Reserve is deemed to be changed to Whenua Hou Nature Reserve section 16(10) 330: Whenua Hou Nature Reserve to include adjacent islets and stacks The islets and stacks adjacent to the Whenua Hou Nature Reserve, as shown on Allocation Plan SS 431 (SO 12251), are— a: deemed to be declared a reserve, and classified as a nature reserve, pursuant to section 16 b: added to and become part of the Whenua Hou Nature Reserve. 331: Southland Conservation Board to appoint committee in respect of Whenua Hou 1: Within 6 months from the settlement date, the Southland Conservation Board must appoint, pursuant to section 6N(2)(b) a: 1 representative of each of the 4 Southland Papatipu Rūnanga, being Waihopai Rūnaka, Te Rūnanga o Awarua, Te Rūnanga o Oraka Aparima, and Hokonui Rūnaka; and b: 4 members of the Southland Conservation Board. 2: The failure of any of the 4 Southland Papatipu Rūnanga or of the Southland Conservation Board to put forward representatives or members for appointment to the committee pursuant to subsection (1) does not affect the obligation of the Southland Conservation Board to appoint the committee, the validity of the committee, or the exercise by the committee of its functions. 3: The reasonable costs and expenses incurred by the committee in exercising the functions and obligations conferred upon it by this section must be paid for by the Crown as soon as reasonably practicable after application by the committee to the Director-General of Conservation. 4: The committee may advise the Southland Conservation Board, the New Zealand Conservation Authority, and the Minister on all matters relating to the control and management of Whenua Hou. 5: The Southland Conservation Board, the New Zealand Conservation Authority, and the Minister must consult with, and have particular regard to, the views of the committee, whenever it is practicable to do so, on all matters relating to the control and management of Whenua Hou. 6: The committee must, after consultation with the Director-General of Conservation, prepare a policy in accordance with section 20 section 57 7: Pursuant to section 6N(2)(b) 332: Statutory acknowledgement for Whenua Hou 1: The Crown acknowledges the statement made by Te Rūnanga o Ngāi Tahu of the particular cultural, spiritual, historic, and traditional association of Ngāi Tahu with Whenua Hou, the text of which is set out in Schedule 108 2: Sections 205 207 to 220 a: a statutory acknowledgement in those sections were a reference to the acknowledgement made by the Crown by virtue of subsection (1) in respect of Whenua Hou, and on the terms set out in sections 207 to 220 b: statutory areas in those sections were a reference to Whenua Hou. Crown Tītī Islands 333: Interpretation In sections 334 to 337 commencement date Crown Tītī Islands Schedule 106 Rakiura Māori Rakiura Tītī Committee regulation 7(1)(c) 334: Crown Tītī Islands vested in Te Rūnanga o Ngāi Tahu 1: The Crown Tītī Islands cease to be a conservation area. 2: The fee simple estate in the Crown Tītī Islands is vested in Te Rūnanga o Ngāi Tahu. 3: For the purposes of section 471 Part 4A 335: Interim management of Crown Tītī Islands as if conservation area Notwithstanding section 334 a: neither Te Rūnanga o Ngāi Tahu, nor the Crown will undertake any activity that would prejudice— i: the customary rights of Rakiura Māori to take tītī on a sustainable basis; or ii: the control and management of the Crown Tītī Islands in accordance with clause 13.6 of the deed of settlement; and b: the management will be undertaken in accordance with the Titi (Muttonbird) Islands Regulations 1978 c: section 334 sections 36 to 47 336: Control and management of Crown Tītī Islands 1: As soon as practicable after the Minister is notified, in accordance with clause 13.6.3 of the deed of settlement, of the persons selected by the Rakiura Tītī Committee and Te Rūnanga o Ngāi Tahu in accordance with that clause, the Minister must, by notice in the Gazette section 2 2: On the commencement date, the administering body appointed pursuant to subsection (1) is deemed to be appointed by the Minister pursuant to section 38(2) Schedules 109 110 3: The control and management of the Crown Tītī Islands in accordance with subsection (2) is subject to the customary rights of Rakiura Māori to take tītī on a sustainable basis, so that those rights are not in any way adversely affected by the control and management of the Crown Tītī Islands in accordance with that subsection. 4: The agreement and approval of Te Rūnanga o Ngāi Tahu in clause 13.6.9 of the deed of settlement to the control and management of the Crown Tītī Islands in accordance with subsection (2) is sufficient for the purposes of section 38(2) 5: The approval of the Minister of Conservation to the control and management of the Crown Tītī Islands in accordance with subsection (2) is deemed to be given for the purposes of section 38(2) 6: The quoting in Schedules 109 110 section 38(2) 7: Except as otherwise provided in this section, the administering body appointed pursuant to subsection (1) may exercise all the functions and powers of an administering body under the Reserves Act 1977 8: The administering body appointed pursuant to subsection (1) may make bylaws relating to the management of the Crown Tītī Islands in accordance with clause 13.6 of the deed of settlement. 9: The Crown must, each year, pay those costs of the administering body appointed pursuant to subsection (1)— a: that are set out in an annual budget for that year that has been approved by the Minister; and b: that relate to the control and management of the Crown Tītī Islands as if they were a nature reserve. 337: Amendments to Titi (Muttonbird) Islands Regulations 1978 (1), (2): Amendment(s) incorporated in the regulations 3: The Minister must, as soon as practicable, advise by notice in the Gazette 14: Ancillary claims 338: Purpose of this Part The purpose of this Part is to provide for the legislative matters contemplated by section 14 (ancillary claims) of the deed of settlement 339: Intepretation In this Part, unless the context otherwise requires,— ancillary claims section 14 of the deed of settlement sections 342 to 347 sections 454 to 456 ancillary claims trustees beneficiary claim property customary fishing entitlement section 372(1) and (2) Fenton entitlement section 355(1) and (2) Ngāi Tahu ancillary claims trust section 342 successors a: all persons entitled to succeed to the interest of any deceased beneficiary, determined as if section 109 b: where no person is primarily entitled to succeed to a deceased beneficiary, the persons determined as if section 114 trust deed Vesting of properties 340: Effective date of matters set out in this Part Except as expressly provided in this Part, the date on which the matters provided for in this Part take effect is 30 business days after the settlement date. 341: Delayed vesting of certain properties 1: In this section, delayed vesting properties a: the Kaikōura town section (as defined in section 351 b: the Kaikōura suburban site (as defined in section 351 c: the Arawhata site (No 1) (as defined in section 395 d: the Waimumu site (No 2) (as defined in section 416 e: the Waimumu site (No 3) (as defined in section 416 f: the Invercargill site (as defined in section 421 2: Each of the delayed vesting properties is vested in the ancillary claims trustees on the earlier of the following days: a: the day that is 30 business days after the settlement date (if the Crown has title to the delayed vesting property concerned at that date): b: the business day following the date upon which the Crown acquires title to the delayed vesting property concerned, being not later than 6 months after the settlement date: c: if the Crown does not have title and is unable to acquire title to the delayed vesting property concerned in accordance with paragraph (b), the business day following the completion of the procedure set out in section 21 3: The Minister in Charge of Treaty of Waitangi Negotiations must, as soon as practicable after each of the delayed vesting properties is vested in the ancillary claims trustees, advise by notice in the Gazette Ngāi Tahu Ancillary Claims Trust 342: Ngāi Tahu ancillary claims trust to be established 1: The Crown must establish a trust, to be known as the Ngāi Tahu Ancillary Claims Trust, on or before the date which is 25 business days after the settlement date. 2: The terms of the trust deed under which the Ngāi Tahu ancillary claims trust is established are those specified in attachment 14.1 of the deed of settlement. 3: Claim property vested in the ancillary claims trustees by this Part or sections 454 to 456 343: Funding of Ngāi Tahu ancillary claims trust 1: The Crown must provide funds to the ancillary claims trustees in accordance with clause 6 of the trust deed. 2: Funds provided to the ancillary claims trustees under subsection (1) are to be held subject to the terms of the trust deed. 344: Identification of beneficiaries by ancillary claims trustees The ancillary claims trustees must undertake the process described in attachment 14.2 of the deed of settlement. 345: Jurisdiction of Maori Land Court extended The Maori Land Court has jurisdiction for the purposes of attachment 14.2 of the deed of settlement to take the following actions: a: on the application of the ancillary claims trustees, confirm the final list of beneficiaries pursuant to paragraph 13 of that attachment: b: hear and determine objections to the final list of beneficiaries pursuant to paragraph 16 of that attachment: c: amend the final list of beneficiaries pursuant to paragraph 17 of that attachment: d: on the application of the ancillary claims trustees, call a meeting of beneficiaries pursuant to paragraph 18 of that attachment. 346: Vesting of claim property that is subject to Ngāi Tahu ancillary claims trust 1: The Maori Land Court has the jurisdiction to make, on the application of the ancillary claims trustees once the prerequisites set out in attachment 14.2 of the deed of settlement have been satisfied, vesting orders in relation to claim property for the purpose of paragraph 21 of that attachment. 2: The Maori Land Court has the jurisdiction to make, on the application of the ancillary claims trustees once the prerequisites set out in clause 5.2 of attachment 14.1 of the deed of settlement have been satisfied, vesting orders in relation to claim property for the purpose of that clause. 3: The Maori Land Court has jurisdiction to make vesting orders pursuant to subsections (1) and (2) notwithstanding the fact that a claim property subject to the vesting order is not Māori freehold land belonging to an estate to which Part 4 347: Subsequent inclusion in vesting order 1: Once a vesting order has been made pursuant to section 346(1) section 18 2: A person may apply to the Maori Land Court pursuant to subsection (1) notwithstanding the fact that the claim property subject to the vesting order is not Māori freehold land belonging to an estate to which Part 4 3: The Maori Land Court has the jurisdiction to hear and determine an application made pursuant to subsection (1) and, if it finds in favour of the applicant and it considers it is just and equitable to do so in the circumstances, may, by order of the court,— a: make the applicant a party to the vesting order made in relation to the relevant claim property; and b: entitle that applicant to share in the holding of the claim property in whatever form that may take; and c: entitle that applicant to the share of the claim property which he or she ought to have received; and d: adjust the interests of other relevant beneficiaries in that claim property in accordance with the Maori Land Court's findings. 348: Ngāi Tahu Ancillary Claims Trust an organisation named or described in Schedule 4 of Public Finance Act 1989 1: The Ngāi Tahu Ancillary Claims Trust is an organisation named or described in Schedule 4 2: To avoid doubt, the obligations of the Ngāi Tahu Ancillary Claims Trust under the Public Finance Act 1989 Section 348 substituted 25 January 2005 section 37(1) Public Finance Amendment Act 2004 349: Auditor-General to be auditor of Trust The Ngāi Tahu Ancillary Claims Trust is a public entity as defined in section 4 Section 349 substituted 1 July 2001 section 53 Public Audit Act 2001 350: Ngāi Tahu Ancillary Claims Trust to be Crown entity Section 350 repealed 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Claim 1 (Waiharakeke J and Ōmihi K); claim 2 (Mangamaunu A) 351: Vesting of Kaikōura town section and Kaikōura suburban site 1: In this section, Kaikōura town section Kaikōura suburban site Schedule 111 2: The fee simple estate in each of the Kaikōura town section and the Kaikōura suburban site is vested in the ancillary claims trustees. Claim 101 (Kaikōura E) 352: Interpretation In section 353 Trustees of the Takahanga Marae section 338 353: Vesting of Takahanga Pā site (No 2) 1: In this section, Takahanga Pā site (No 1) Takahanga Pā site (No 2) Schedule 111 2: The fee simple estate in the Takahanga Pā site (No 2) is vested in the trustees of the Takahanga Marae. 3: The Takahanga Pā site (No 2) is deemed to— a: be included in the Māori reservation described in this section as Takahanga Pā site (No 1); and b: form part of that reservation accordingly,— as if it were declared to be included in, and to form part of, that reservation by section 338(2) 4: Subsections (2) and (3) take effect on the settlement date. Claim 3 (Taerutu); claim 4 (Waimaiaia); claim 5 (Torotoroa); claim 6 (Te Aka Aka); and claim 10 (Pukatahi and Te Houriri) 354: Interpretation In sections 355 to 370 entitlement land Fenton reserves holder section 344 land holding agent representative body section 357 355: Creation and granting of Fenton entitlements 1: The Crown may create and grant to the ancillary claims trustees, or a holder, entitlements over Crown-owned land in the Ngāi Tahu claim area, other than land in a national park, a marginal strip, a nature reserve, an esplanade reserve, a scientific reserve, or that part of an unformed legal road (including a road reserve) within 20 metres of a waterway, which, for the purposes of section 359 2: Fenton entitlements are created and granted for the purpose of permitting the holders to occupy temporarily land close to waterways, so as to have access to waterways for lawful fishing and gathering of other natural resources. 3: The Crown must create and grant to the ancillary claims trustees 1 Fenton entitlement for each of the 6 Fenton reserves— a: in the form set out in Schedule 112 b: over the entitlement land identified in Schedule 113 c: on the terms and conditions (if any) set out in Schedule 113 4: Fenton entitlements must be granted pursuant to subsection (3) no later than 5 business days after the completion of surveys of the entitlement land and approval of those surveys by the Surveyor-General 5: Unless suspended pursuant to section 356 6: Section 11 Part 10 7: Part 3B 8: The grant of a Fenton entitlement pursuant to subsection (3) must be notified by the land holding agent in the Gazette 9: The Surveyor-General Gazette Section 355(4) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002 Section 355(9) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002 356: Stopping of legal road 1: In this section, Te Houriri site Schedule 111 2: The legal road on the Te Houriri site is stopped on the settlement date. 357: Representative body of holders of Fenton entitlement 1: The holders of a Fenton entitlement must, within 6 months of the vesting order made by the Maori Land Court in relation to the Fenton entitlement pursuant to section 346(1) 2: The Crown may, after taking reasonable steps to notify the holders of their obligations under subsection (1), suspend a Fenton entitlement if, and for so long as, the holders of a Fenton entitlement do not comply with that subsection. 3: At the meeting of the holders of a Fenton entitlement held pursuant to paragraph 18 of attachment 14.2 of the deed of settlement, the form that the representative body is to take must be put forward for consideration and resolution by those holders in accordance with the procedures set out in the Maori Assembled Owners Regulations 1995 4: If the holders of a Fenton entitlement do not make a decision in accordance with subsection (3), they are deemed to have chosen— a: the option which received the most votes in accordance with the procedures set out in the Maori Assembled Owners Regulations 1995 b: if no votes are cast, an ahu whenua trust constituted pursuant to subsection (3). 5: If subsection (4)(b) applies,— a: the holders of the Fenton entitlement must nominate up to 10 holders of that Fenton entitlement to be the trustees of an ahu whenua trust; and b: the trust property of the ahu whenua trust is the Fenton entitlement to be granted to the holders; and c: the ahu whenua trust is constituted on the day following the nomination of holders pursuant to paragraph (a) as if it were constituted pursuant to section 215 6: For the purposes of sections 355 to 370 7: The representative body must, as soon as practicable after it is established, notify the Maori Land Court of its form, and an address to which communications to the holders may be sent or delivered. 8: Solely for the purposes of allowing for the establishment and operation of a representative body, Fenton entitlements are deemed to be a property interest capable of being held by the representative body. 358: Maori Land Court to open and maintain registers of holders 1: The Maori Land Court must, from the date of the vesting order made by the Maori Land Court for each Fenton entitlement pursuant to section 346(1) 2: If there are more than 50 holders of a Fenton entitlement, the Maori Land Court must, unless the register is in such form as to constitute in itself an index, keep an accurate index of the names of the holders, containing a sufficient indication to enable the location of the entry in the register relating to each holder. 3: The Maori Land Court must keep a record of the representative body of a Fenton entitlement, as notified to it pursuant to section 357(7) 4: The register must, during office hours, be open to public inspection on payment of the fee, if any, prescribed in respect of such inspection. 359: Replacement of entitlement land The land over which Fenton entitlements may be granted, in order to replace entitlement land over which a Fenton entitlement has been granted pursuant to section 355(3) a: already in Crown ownership; and b: of approximately 1 hectare in area (unless otherwise agreed in writing by those persons) and suitable for temporary occupation; and c: situated sufficiently close to a waterway to permit convenient access to the waterway (normally land adjacent to the marginal strip or esplanade reserve or similar strip bordering the waterway itself); and d: to which lawful access exists; and e: where the existing practices and patterns of public use at the time the Fenton entitlement is created are not unreasonably impaired by the granting of a Fenton entitlement; and f: the location of which does not unreasonably exclude public access to any waterway. 360: Rights attaching to Fenton entitlements 1: The holder of a Fenton entitlement has the right to occupy temporarily the entitlement land to the exclusion of any other person (other than agents of the Crown or other persons empowered by statute, and undertaking their normal functions in relation to the land) for up to 210 days in any calendar year (such days to exclude any day on and from 1 May to 15 August). 2: The holder has the right to erect camping shelters or similar temporary dwellings during the period or periods that the right to occupy the entitlement land pursuant to subsection (1) is being exercised. 3: The holder must,— a: when ceasing to exercise the right to occupy the entitlement land pursuant to subsection (1), remove camping shelters or temporary dwellings erected pursuant to subsection (2); and b: leave the entitlement land in substantially the same condition as it was in at the beginning of the period in each year when occupation may commence pursuant to subsection (1), except for temporary effects normally associated with this type of occupation. 4: Notwithstanding subsection (3) but subject to subsections (5) to (8) and section 361(4) section 355(2) 5: The giving of consent by a land holding agent pursuant to subsection (4) is completely at the land holding agent's discretion and subject to such conditions as the land holding agent thinks fit. 6: Where entitlement land is land held under the Conservation Act 1987 Schedule 1 a: require an environmental impact report in relation to the proposed activities and an audit of that report at the holder's expense; and b: impose reasonable conditions to avoid, remedy, or mitigate any adverse effects of the activities on the entitlement land and the surrounding land or on any wildlife. 7: When applying for a consent pursuant to subsection (4), the holder must provide to the land holding agent details of the proposed activities, including but not limited to— a: the effect of the activities on the entitlement land and, where the entitlement land is land held under the Conservation Act 1987 Schedule 1 b: any proposed measures by the holder to avoid, remedy, or mitigate any adverse effects. 8: If the Crown has complied with its obligations under the Fenton entitlement, it is not obliged to compensate the holder for any activities undertaken by the holder pursuant to subsection (4), whether on suspension of the Fenton entitlement or at any other time. 9: Part 3B 361: Obligations related to Fenton entitlements 1: The existence and exercise of a Fenton entitlement— a: must not impede public access along a waterway; and b: does not restrict the Crown's right to alienate either the entitlement land, land adjacent to the entitlement land, or land adjacent to the waterway next to which the entitlement land is situated. 2: If the Crown alienates, or changes the classification or status of, land adjacent to the entitlement land, with the result that lawful access to the entitlement land no longer exists, the Crown must ensure that the holders continue to have the same type of access to the entitlement land as existed prior to the alienation or change of classification or status, unless and until the Fenton entitlement over that entitlement land is suspended pursuant to section 366 3: The Crown's obligations pursuant to subsection (2) are subject to its obligation to comply with any statutory or regulatory requirements. 4: The holder, and the activities carried on by the holder on the entitlement land (including any work undertaken on the entitlement land under section 360(4) to (8) 5: In carrying out land and water management practices relating to the entitlement land, the land holding agent must— a: have regard to the existence of the Fenton entitlement; and b: notify the holder of any activity which may affect the holder; and c: avoid unreasonable disruption to the holder. 6: Subject to subsection (5),— a: a Fenton entitlement may be suspended at any time at the discretion of the land holding agent, after consulting with the holders and having particular regard to their views, if necessary for reasons of management in accordance with the purposes for which the land over which the Fenton entitlement has been granted is held; and b: if a Fenton entitlement is suspended pursuant to this subsection, the rights under that Fenton entitlement may be exercised by the holder outside the entitlement period described in section 360(1) 7: The holder of a Fenton entitlement has rights of enforcement of the Fenton entitlement against a person who is not a party to the deed of settlement as if the holder were the owner of the entitlement land. 8: Fenton entitlements are subject to— a: such other special terms and conditions as the Crown reasonably requires to give effect to sections 354 to 370 b: such variations as may be agreed by the land holding agent and the holders to the provisions of section 360 which are contained in each particular Fenton entitlement. 362: Boundaries of entitlement land The boundaries of entitlement land must be defined by 1 or more of the following methods: a: by reference to any plan lodged in the office of the Surveyor-General Surveyor-General b: by reference to any existing survey plan: c: in accordance with a plan that meets standards agreed from time to time by the land holding agent and the Surveyor-General. Section 362(a) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002 363: Section 44 of Reserves Act 1977 not to apply Section 44 364: Rates The grant of a Fenton entitlement is not a lease, licence, or other agreement for the purposes of note 2 of Part 1 Section 364 substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002 365: Targeted rates The holders are liable to pay targeted rates under section 9 section 360(1) Section 365 substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002 366: Suspension of Fenton entitlements 1: The Crown may suspend a Fenton entitlement or terminate its application to an area of entitlement land if— a: the Crown alienates the entitlement land; or b: the entitlement land is destroyed or permanently detrimentally affected by any natural cause; or c: it is a condition of the Fenton entitlement that the entitlement land is on reserve land which may be required for the specific purpose for which it was originally set apart as a reserve and it becomes so required, or it is an unformed legal road which becomes formed; or d: subject to section 361(2) e: section 357(2) f: the customary fishing entitlement held by the holders of the same Fenton entitlement is suspended, or the application of that customary fishing entitlement to the area of the bed of the waterway over which the customary fishing entitlement is created is terminated. 2: On suspension of a Fenton entitlement pursuant to subsection (1), and upon application by the holder to the Minister of Māori Affairs, the Crown must take reasonable steps to either— a: reinstate that Fenton entitlement (varied, if necessary, by written agreement); or b: grant a replacement area of entitlement land over another site. 3: A replacement area of entitlement land granted pursuant to subsection (2)(b) must— a: meet the criteria set out in sections 355(1) 359 361(1) b: be identified by similar processes to those used by Te Rūnanga o Ngāi Tahu and the Crown for identification of entitlement land prior to entry into the deed of settlement. 4: If the holder of a Fenton entitlement defaults in performing any of the holder's obligations under the Fenton entitlement, and— a: the default is capable of remedy, the Crown may give written notice to the holder specifying the default and the remedy which the Crown requires (which remedy must be reasonable in the relevant circumstances); or b: the default is not capable of remedy, the Crown may immediately suspend the Fenton entitlement by notice in writing to the holder. 5: Unless within 41 business days after the giving of notice pursuant to subsection (4)(a) the default specified in the notice has been remedied, or appropriate action has been taken to remedy the default as required in that notice, the Crown may immediately suspend the Fenton entitlement by notice in writing to the holder. 6: If a Fenton entitlement is suspended pursuant to subsection (4)(b) or subsection (5), the holder may apply to the Minister of Māori Affairs for a reinstatement of the Fenton entitlement after the expiry of 2 years from the date of suspension. 367: Purpose of creation of Fenton entitlements Without limiting sections 368 369 section 355(2) 368: Rights not affected Except as expressly provided in sections 354 to 370 369: Limitation of rights Except as expressly provided in sections 354 to 370 370: Succession to Fenton entitlements 1: A holder of a Fenton entitlement may not assign or grant a sub-entitlement to the holder's rights under that entitlement. 2: Notwithstanding section 369 sections 108 109 Claim 3 (Taerutu); claim 4 (Waimaiaia); claim 5 (Torotoroa); claim 6 (Te Aka Aka); and claim 10 (Pukatahi and Te Houriri) 371: Interpretation In sections 372 to 386 entitlement area Fenton reserves section 354 holder section 354 land holding agent 372: Creation and granting of customary fishing entitlements 1: The Crown may create and grant to the ancillary claims trustees, or a holder, entitlements over an area of the bed of a Crown-owned waterway in the Ngāi Tahu claim area which, for the purposes of section 375 2: Customary fishing entitlements are created and granted for the purpose of permitting the holder to occupy temporarily and exclusively an area of the bed of a waterway for lawful fishing and gathering of natural resources. 3: The Crown must create and grant to the ancillary claims trustees 1 customary fishing entitlement for each of the 6 Fenton reserves— a: in the form set out in Schedule 114 b: over the entitlement area identified in Schedule 115 c: on the terms and conditions (if any) set out in Schedule 115. 4: Customary fishing entitlements must be granted pursuant to subsection (3) no later than 5 business days after the completion of surveys of the entitlement area and approval of those surveys by the Surveyor-General 5: Unless suspended pursuant to section 382 6: Section 11 Part 10 7: Part 3B 8: The grant of a customary fishing entitlement pursuant to subsection (3) must be notified by the land holding agent in the Gazette 9: The Surveyor-General Gazette Section 372(4) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002 Section 372(9) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002 373: Representative body of holders of customary fishing entitlement For the purposes of sections 372 to 386 section 357 374: Register of holders of customary fishing entitlement The register of holders opened and maintained by the Maori Land Court pursuant to section 358 375: Replacement of entitlement area 1: The area of the bed of a waterway over which customary fishing entitlements may be granted in order to replace an entitlement area over which a customary fishing entitlement has been granted pursuant to section 372(3) a: part of the bed of a waterway already in Crown ownership; and b: up to 100 metres in length; and c: from the mid-point of the width of the waterway to one of the banks of the waterway (unless otherwise agreed in writing by those persons); and d: adjacent to— i: land that is owned or managed by the Crown; or ii: an esplanade reserve, esplanade strip, or an unformed legal road (including a road reserve), whether or not managed by the Crown; and e: conveniently accessible from, but not necessarily directly adjacent to, the area of the Fenton entitlement granted to the same holders. 2: A customary fishing entitlement may be granted in respect of an area that is not managed or controlled by the Crown only if the consent of the managing or controlling body has been obtained. 376: Rights attaching to customary fishing entitlements 1: The holder of a customary fishing entitlement has the right to occupy temporarily the entitlement area to the exclusion of any other person (other than agents of the Crown or other persons empowered by statute, and undertaking their normal functions in relation to the area) for up to 210 days in any calendar year (such days to exclude any day on and from 1 May to 15 August). 2: The holder of a customary fishing entitlement has, during any time while exercising the rights as holder under the associated Fenton entitlement, the exclusive right to use the entitlement area for the purpose of lawfully fishing and the gathering of natural resources. 3: The holder has the right to erect temporary structures for the purpose of lawfully fishing and the gathering of natural resources during the period or periods that the right to occupy the entitlement area pursuant to subsection (1) is being exercised. 4: The holder must,— a: when ceasing to exercise the right to occupy the entitlement area pursuant to subsection (1), remove temporary structures erected pursuant to subsection (3); and b: leave the entitlement area in substantially the same condition as it was in at the beginning of the period in each year when occupation may commence pursuant to subsection (1), except for temporary effects normally associated with this type of occupation. 5: Notwithstanding subsection (4) but subject to subsections (6) to (9) and section 377(4) section 372(2) 6: The giving of consent by a land holding agent pursuant to subsection (5) is completely at the land holding agent's discretion and subject to such conditions as the land holding agent thinks fit. 7: Where an entitlement area is land held under the Conservation Act 1987 Schedule 1 a: require an environmental impact report in relation to the proposed activities and an audit of that report at the holder's expense; and b: impose reasonable conditions to avoid, remedy, or mitigate any adverse effects of the activities on the entitlement area and the surrounding waterway or land, or on any wildlife or fish species. 8: When applying for a consent pursuant to subsection (5) the holder must provide to the land holding agent details of the proposed activities, including but not limited to— a: the effect of the activities on the entitlement area and, where the entitlement area is land held under the Conservation Act 1987 Schedule 1 b: any proposed measures by the holder to avoid, remedy, or mitigate any adverse effects. 9: If the Crown has complied with its obligations under the customary fishing entitlement, it is not obliged to compensate the holder for any activities undertaken by the holder pursuant to subsection (5), whether on suspension of the customary fishing entitlement or at any other time. 10: Part 3B 377: Obligations related to customary fishing entitlements 1: The existence and exercise of a customary fishing entitlement— a: must not prevent any person from lawfully passing through an entitlement area, whether on foot or by boat, or otherwise, notwithstanding sections 372(2) 376 b: does not restrict the Crown's right to alienate either the entitlement area or an area of the waterway adjacent to the entitlement area or land adjacent to the waterway in which the entitlement area is situated. 2: If the Crown alienates, or changes the classification or status of, land adjacent to the entitlement area, with the result that lawful access to the entitlement area no longer exists, the Crown must ensure that the holders continue to have the same type of access to the entitlement area as existed prior to the alienation or change of classification or status, unless and until the customary fishing entitlement over that entitlement area is suspended pursuant to section 382 3: The Crown's obligations pursuant to subsection (2) are subject to its obligation to comply with any statutory or regulatory requirements. 4: The holder, and the activities carried on by the holder on the entitlement area (including any work undertaken on the entitlement area pursuant to section 376(5) to (9) 5: In carrying out land and water management practices relating to the entitlement area, the land holding agent must— a: have regard to the existence of the customary fishing entitlement; and b: notify the holder of any activity which may affect the holder; and c: avoid unreasonable disruption to the holder. 6: Subject to subsection (5),— a: a customary fishing entitlement may be suspended at any time at the discretion of the land holding agent, after consulting with the holders and having particular regard to their views, if necessary for reasons of management in accordance with the purposes for which the area over which the customary fishing entitlement has been granted is held; and b: if a customary fishing entitlement is suspended pursuant to this subsection, the rights under that customary fishing entitlement may be exercised by the holder outside the entitlement period described in section 376(1) 7: The holder of a customary fishing entitlement has rights of enforcement of the customary fishing entitlement against a person who is not a party to the deed of settlement as if the holder were the owner of the entitlement area. 8: Customary fishing entitlements are subject to— a: such other special terms and conditions as the Crown reasonably requires to give effect to sections 371 to 386 b: such variations as may be agreed by the land holding agent and the holders to the provisions of section 376 which are contained in each particular customary fishing entitlement. 378: Boundaries of entitlement area The boundaries of entitlement areas must be defined by 1 or more of the following methods: a: by reference to any plan lodged in the office of the Surveyor-General Surveyor-General b: by reference to any existing survey plan: c: in accordance with a plan that meets standards agreed from time to time by the land holding agent and the Surveyor-General. Section 378(a) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002 379: Section 44 of Reserves Act 1977 not to apply Section 44 380: Rates The grant of a customary fishing entitlement is not a lease, licence or other agreement for the purposes of note 2 of Part 1 Section 380 substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002 381: Targeted rates The holders are liable to pay targeted rates under section 9 section 376(1) Section 381 substituted 1 July 2003 section 137(1) Local Government (Rating) Act 2002 382: Suspension of customary fishing entitlements 1: The Crown may suspend a customary fishing entitlement or terminate its application to an entitlement area if— a: the Crown alienates the entitlement area; or b: the entitlement area is destroyed or permanently detrimentally affected by any natural cause; or c: it is a condition of the customary fishing entitlement that the entitlement area is on reserve land which may be required for the specific purpose for which it was originally set apart as a reserve and it becomes so required, or it is an unformed legal road which becomes formed; or d: subject to section 377(2) e: section 357(2) f: the Fenton entitlement held by the holders of the same customary fishing entitlement is suspended, or the application of that Fenton entitlement to the area of land over which the Fenton entitlement is created is terminated. 2: On suspension of a customary fishing entitlement pursuant to subsection (1), and upon application by the holder to the Minister of Māori Affairs, the Crown must take reasonable steps to either— a: reinstate that customary fishing entitlement (varied, if necessary, by written agreement); or b: grant a replacement entitlement area over another site. 3: A replacement entitlement area granted pursuant to subsection (2)(b) must— a: meet the criteria set out in sections 375 377(1) b: be identified by similar processes to those used by Te Rūnanga o Ngāi Tahu and the Crown for identification of entitlement areas prior to entry into the deed of settlement. 4: If the holder of a customary fishing entitlement defaults in performing any of his or her obligations under the customary fishing entitlement, and— a: the default is capable of remedy, the Crown may give written notice to the holder specifying the default and the remedy which the Crown requires (which remedy must be reasonable in the relevant circumstances); or b: the default is not capable of remedy, the Crown may immediately suspend the customary fishing entitlement by notice in writing to the holder. 5: Unless within 41 business days after the giving of notice pursuant to subsection (4)(a) the default specified in the notice has been remedied, or appropriate action has been taken to remedy the default as required in that notice, the Crown may immediately suspend the customary fishing entitlement by notice in writing to the holder. 6: If a customary fishing entitlement is suspended pursuant to subsection (4)(b) or subsection (5), the holder may apply to the Minister of Māori Affairs for a reinstatement of the customary fishing entitlement after the expiry of 2 years from the date of suspension. 383: Purpose of creation of customary fishing entitlements Without limiting sections 384 385 section 372(2) 384: Rights not affected Except as expressly provided in sections 371 to 386 385: Limitation of rights Except as expressly provided in sections 371 to 386 386: Succession to customary fishing entitlements 1: A holder of a customary fishing entitlement may not assign or grant a sub-entitlement to his or her rights under that entitlement. 2: Notwithstanding section 385 sections 108 109 Claim 7 (Te Ihutai) 387: Vesting of Te Ihutai site 1: In this section, Te Ihutai site Schedule 111 2: The reservation of the Te Ihutai site as a local purpose (river protection) reserve is revoked. 3: The fee simple estate in the Te Ihutai site is vested in the ancillary claims trustees. Claim 8 (Ahuriri) 388: Vesting of Ahuriri-Te Waihora site 1: In this section, Ahuriri-Te Waihora site Schedule 111 2: The Ahuriri-Te Waihora site ceases to be a conservation area. 3: The fee simple estate in the Ahuriri-Te Waihora site is vested in the ancillary claims trustees. Claim 11 (Wainono Lagoon) 389: Vesting of Wainono site 1: In this section, Wainono site Schedule 111 2: The reservation of the Wainono site as a river protection reserve is revoked. 3: The fee simple estate in the Wainono site is vested in the ancillary claims trustees. Claim 14 (Hawea/Wanaka) 390: Vesting of Bushy Point site 1: In this section, Bushy Point site Schedule 111 2: The reservation of the Bushy Point site as a recreation reserve is revoked. 3: The fee simple estate in the Bushy Point site is vested in the ancillary claims trustees. 4: The vesting by subsection (3) is subject to the encumbrance relating to the Bushy Point site described in Schedule 111 5: Before the Maori Land Court makes a vesting order in relation to the Bushy Point site pursuant to section 346(1) Registrar 6: The Ngā Whenua Rāhui kawenata referred to in subsection (5) is deemed to be entered into under section 77A 7: Notwithstanding section 77A(1)(b) 8: The Registrar section 77A Land Transfer Act 1952 Section 390(5) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 390(8) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 391: Vesting of lakeside sites 1: In this section, Lakeside site (No 1) Lakeside site (No 2) Lakeside site (No 3) Schedule 111 2: The fee simple estate in the following land: a: Lakeside site (No 1): b: Lakeside site (No 2): c: Lakeside site (No 3);— is vested in the ancillary claims trustees. 392: Future transfer of remaining lakeside sites 1: In this section, remaining lakeside sites Schedule 111 2: If the process set out in section 40 a: the beneficiaries of claim 14 (as defined in the Ngāi Tahu Ancillary Claims Report 1995) pursuant to clause 14.11 of the deed of settlement, as confirmed by the Maori Land Court, will be treated as being the persons from whom the remaining lakeside sites were acquired for the purposes of that section; and b: section 40(2)(c) Claim 53 (Lake Tatawai) 393: Vesting of Tatawai replacement site 1: In this section, Tatawai replacement site Schedule 111 2: The fee simple estate in the Tatawai replacement site is vested in the ancillary claims trustees. 3: For the purposes of section 77A Claim 55 (Waikouaiti Lagoon) 394: Beneficial owners of reserve authorised to catch fish 1: In this section, Waikouaiti Lagoon Schedule 111 2: The beneficial owners of the Matainaka 1N reserve— a: continue to be entitled to catch fish from the Waikouaiti Lagoon; and b: are deemed to be authorised to harvest fish, including indigenous fish, from the Waikouaiti Lagoon pursuant to section 50 3: For the purposes of subsection (2), the beneficial owners of the Matainaka 1N reserve are those persons determined by the Maori Land Court from time to time to be beneficial owners pursuant to Te Ture Whenua Maori Act 1993 Claim 17 (Arawhata MR 1) 395: Vesting of Arawhata site (No 1) and Arawhata site (No 2) 1: In this section, Arawhata site (No 1) Arawhata site (No 2) Schedule 111 2: Arawhata site (No 2) ceases to be a conservation area. 3: The fee simple estate in Arawhata site (No 1) and Arawhata site (No 2) is vested in the ancillary claims trustees. 4: The vesting by subsection (3) is subject to the encumbrance relating to Arawhata site (No 1) described in Schedule 111 5: Before the Maori Land Court makes a vesting order in relation to Arawhata site (No 2) pursuant to section 346(1) Registrar 6: The Ngā Whenua Rāhui kawenata referred to in subsection (5) is deemed to be entered into under section 77A 7: Notwithstanding section 77A(1)(b) 8: The Registrar section 77A Land Transfer Act 1952 9: Subsections (5) to (8) do not apply if the Minister of Conservation has notified the ancillary claims trustees pursuant to clause 14.14.2(b) of the deed of settlement that no Ngā Whenua Rāhui kawenata is required. Section 395(5) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 395(8) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Claim 18 (Bruce Bay MR 6) 396: Vesting of Bruce Bay site (No 1), Bruce Bay site (No 3), and Bruce Bay site (No 4) 1: In this section, Bruce Bay site (No 1) Bruce Bay site (No 3) Bruce Bay site (No 4) Schedule 111 2: The legal but unformed road on the Bruce Bay site (No 1), the Bruce Bay site (No 3), and the Bruce Bay site (No 4) is stopped. 3: The fee simple estate in the following land: a: Bruce Bay site (No 1): b: Bruce Bay site (No 3): c: Bruce Bay site (No 4);— is vested in the ancillary claims trustees. 4: The vesting by subsection (3)(b) is subject to the encumbrance relating to the Bruce Bay site (No 3) described in Schedule 111 5: Before the Maori Land Court makes a vesting order in relation to the Bruce Bay site (No 1) pursuant to section 346(1) New Zealand Transport Agency 6: Before the Maori Land Court makes a vesting order in relation to the Bruce Bay site (No 3) pursuant to section 346(1) 7: Within 1 year of the vesting of the Bruce Bay site (No 1) by subsection (3), and before the Maori Land Court makes a vesting order in relation to that site pursuant to section 346(1) Section 396(5) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 397: Vesting of Bruce Bay site (No 2) 1: In this section, Bruce Bay site (No 2) Schedule 111 2: The reservation of the Bruce Bay site (No 2) as a local purpose (site for a public hall) reserve is revoked. 3: The fee simple estate in the Bruce Bay site (No 2) is vested in the ancillary claims trustees. 4: Within 1 year of the vesting of the Bruce Bay site (No 2) by subsection (3), and before the Maori Land Court makes a vesting order in relation to that site pursuant to section 346(1) 398: Vesting of Bruce Bay site (No 5) 1: In this section, Bruce Bay site (No 5) Schedule 111 2: The legal but unformed road on the Bruce Bay site (No 5) (excluding the 20 metre-wide strip through this site as shown on Allocation Plan A 484 (SO 12501)) is stopped. 3: The fee simple estate in the Bruce Bay site (No 5) is vested in the ancillary claims trustees. 399: Property description In sections 400 401 Bruce Bay site (No 6) Schedule 111 400: Vesting of Bruce Bay site (No 6) 1: The Bruce Bay site (No 6) ceases to be a conservation area. 2: The fee simple estate in the Bruce Bay site (No 6) is vested in the ancillary claims trustees. 3: The vesting by subsection (2) is subject to the encumbrance relating to the Bruce Bay site (No 6) described in Schedule 111 401: Identification of beneficiaries to Bruce Bay site (No 6) 1: The ancillary claims trustees and the chief executive must comply with clause 14.15.2A of the deed of settlement, and deal with the Bruce Bay site (No 6) accordingly. 2: Section 344 Claim 27 (Watarākau MR 45); claim 41 (Māwheranui); claim 42 (Whakapoai); claim 43 (Westport Sections 721 and 732); claim 44 (Kōtukuwhakaoho MR 34); and claim 46 (Arahura MR 30) 402: Vesting of Māwhera Chambers 1: In this section, Māwhera Chambers Schedule 111 2: The fee simple estate in the Māwhera Chambers is vested in the Māwhera Incorporation on the settlement date. 3: The vesting by subsection (2) is subject to the encumbrance relating to the Māwhera Chambers described in Schedule 111 4: Part 3 403: Vesting of Greymouth railway land 1: In this section, Greymouth railway land Schedule 111 2: The fee simple estate in the Greymouth railway land is vested in the Māwhera Incorporation on the settlement date. 3: The vesting by subsection (2) is subject to the encumbrances relating to the Greymouth railway land described in Schedule 111 4: Part 3 404: Vesting of Lake Kaniere site 1: In this section, Lake Kaniere site Schedule 111 2: The fee simple estate in the Lake Kaniere site is vested in the Māwhera Incorporation on the settlement date. 3: The vesting by subsection (2) is subject to the encumbrance relating to the Lake Kaniere site described in Schedule 111 405: Vesting of Rapahoe site 1: In this section, Rapahoe site Schedule 111 2: The fee simple estate in the Rapahoe site is vested in the Māwhera Incorporation on the settlement date. 3: The vesting by subsection (2) is subject to the encumbrance relating to the Rapahoe site described in Schedule 111 406: Discontinuance of Maori Land Court proceedings The Maori Land Court proceedings in relation to the Māwhera Incorporation, being Case 16359 (Lot 1 DP 2696 and Section 1, SO 11689, Block XII, Greymouth Survey District) reported in 77 South Island Minute Book 341, are discontinued on the settlement date. Claim 50 (Karitane) 407: Property description In sections 408 409 Karitane site Schedule 111 408: Future vesting of Karitane site 1: If at any time agreement is reached in accordance with clause 14.17.2 of the deed of settlement, the Minister of Conservation may, notwithstanding anything to the contrary in the Reserves Act 1977 Gazette 2: Without limiting subsection (1), the Minister of Conservation may, by notice in the Gazette a: revoke the reservation of the Karitane site as a reserve; and b: provide for the Karitane site to have a status or classification; and c: provide for the Karitane site to be held, administered, or managed by any body; and d: vest the Karitane site as Māori freehold land or in fee simple estate; and e: provide for the transfer of the Karitane site; and f: specify the date on which any of the matters set out in paragraphs (a) to (e) take effect. 409: Application by Waikouaiti Māori Foreshore Trust Board Notwithstanding section 461(3) section 131 Claim 112 (Tautuku) 410: Application of Conservation Act 1987 to access granted by the Crown Sections 17S to 17W 17Y(1)(a) 17Z(3) 411: Application of Property Law Act 2007 Subpart 3 Section 411 heading amended 1 January 2008 section 364(1) Property Law Act 2007 Section 411 amended 1 January 2008 section 364(1) Property Law Act 2007 Claim 56 (Maranuku) 412: Vesting of substitute Maranuku site 1: In this section, substitute Maranuku site Schedule 111 2: The fee simple estate in the substitute Maranuku site is vested in the ancillary claims trustees. Claim 57 (Maranuku) 413: Property description In sections 414 415 Maranuku site Schedule 111 414: Vesting of Maranuku site 1: The fee simple estate in the Maranuku site is vested in the ancillary claims trustees. 1A: The reservation of the Maranuku site as a recreation reserve is revoked. 2: Part 3 Section 414(1A) inserted 17 May 2005 section 3 Ngāi Tahu Claims Settlement Amendment Act 2005 415: Identification of beneficiaries to Maranuku site 1: The ancillary claims trustees and the chief executive must comply with clause 14.21.2 of the deed of settlement, and deal with the Maranuku site accordingly. 2: Section 344 Claim 61 (Waimumu) 416: Interpretation In sections 417 to 420 Waimumu site (No 1) Waimumu site (No 2) Waimumu site (No 3) Schedule 111 Waimumu sites 417: Vesting of Waimumu site (No 1) 1: The fee simple estate in the Waimumu site (No 1) is vested in the ancillary claims trustees. 2: The vesting by subsection (1) is subject to the encumbrances relating to the Waimumu site (No 1) described in Schedule 111 3: Part 3 418: Vesting of Waimumu site (No 2) 1: The fee simple estate in the Waimumu site (No 2) is vested in the ancillary claims trustees, notwithstanding the land having no frontage to a legal road. 2: The vesting by subsection (1) is subject to the encumbrances relating to the Waimumu site (No 2) described in Schedule 111 3: Part 3 419: Vesting of Waimumu site (No 3) 1: The fee simple estate in the Waimumu site (No 3) is vested in the ancillary claims trustees, notwithstanding the land having no frontage to a legal road. 2: The vesting by subsection (1) is subject to the encumbrances relating to the Waimumu site (No 3) described in Schedule 111 3: Part 3 420: Identification of beneficiaries to Waimumu sites 1: The ancillary claims trustees and the chief executive must comply with clause 14.22.2 of the deed of settlement, and deal with the Waimumu sites accordingly. 2: Section 344 Claim 66 (Invercargill) 421: Vesting of Invercargill site 1: In this section, Invercargill site Schedule 111 2: The fee simple estate in the Invercargill site is vested in the ancillary claims trustees. 3: The vesting by subsection (2) is subject to the encumbrances relating to the Invercargill site described in Schedule 111 Claim 67 (Aparima) 422: Vesting of Aparima site (No 1) 1: In this section, Aparima site (No 1) Schedule 111 2: The fee simple estate in the Aparima site (No 1) is vested in the ancillary claims trustees. Claim 73 (Aparima) 423: Vesting of Aparima site (No 2) 1: In this section, Aparima site (No 2) Schedule 111 2: The fee simple estate in the Aparima site (No 2) is vested in the ancillary claims trustees. Wai 348 (Pūrākaunui) 424: Interpretation In sections 425 426 Pūrākaunui Block Incorporation 425: Vesting of Pūrākaunui site 1: In this section, Pūrākaunui site Schedule 111 2: The reservation of the Pūrākaunui site as a recreation reserve is revoked. 3: The fee simple estate in the Pūrākaunui site is vested in the Pūrākaunui Block Incorporation on the settlement date. 4: A marginal strip of 100 metres wide, or to the landward margin of the Pūrākaunui site, whichever is the lesser, extending along and abutting the landward margin of the foreshore of the Pūrākaunui site is reserved from the vesting of the fee simple estate in the Pūrākaunui site as if it had been reserved under section 24AA 426: Vesting of road site 1: In this section, road site Schedule 111 2: On the settlement date— a: the legal but unformed road on the road site is stopped; and b: the fee simple estate in the road site is vested in the Pūrākaunui Block Incorporation. 427: Application of Fencing Act 1978 The Fencing Act 1978 section 3(1) Wai 324 and Wai 27, claim 51 (Taiaroa Head) 428: Interpretation In sections 429 to 444 joint management body successors to Korako Karetai section 431(1) Taiaroa Head site (No 1) Taiaroa Head site (No 2) Taiaroa Head site (No 3) Taiaroa Head site (No 4) Schedule 111 Taiaroa Head sites sections 443 444 wildlife sanctuary Schedule 111 429: Vesting of Taiaroa Head site (No 1) in ancillary claims trustees 1: The reservation of the Taiaroa Head site (No 1) as a nature reserve is revoked. 2: The fee simple estate in the Taiaroa Head site (No 1) is vested in the ancillary claims trustees. 3: The vesting by subsection (2) is subject to the encumbrances relating to the Taiaroa Head site (No 1) described in Schedule 111 4: Part 3 5: Notwithstanding subsection (2) and any Act or rule of law, the assets that are fixed to, or are under or over, the Taiaroa Head site (No 1) are not vested in the ancillary claims trustees, but remain in the ownership of the person or persons owning them at the date of the vesting by subsection (2). 430: Administration of Taiaroa Head site (No 1) 1: Until the business day which is 25 business days after the establishment and naming of the joint management body in accordance with clause 14.27.12 of the deed of settlement, and notwithstanding section 429(2) a: must administer the Taiaroa Head site (No 1), including any land reserved from the disposition of that site as a marginal strip pursuant to Part 4A b: may expend monies thereon for the purposes of its administration as if it were a nature reserve. 2: The Reserves Act 1977 section 429(1) and (2) 431: Identification of beneficiaries of Taiaroa Head site (No 1) 1: In order to identify the beneficiaries of the Taiaroa Head site (No 1), the ancillary claims trustees must comply with section 344 a: the ancillary claims trustees must identify the successors to Korako Karetai who would be entitled to have the Taiaroa Head site (No 1) offered back to them if Part 3 b: paragraphs 18 to 22 of attachment 14.2 of the deed of settlement do not apply to the identification of the beneficiaries of the Taiaroa Head site (No 1) by the ancillary claims trustees. 2: The persons identified by the ancillary claims trustees pursuant to subsection (1) are the beneficiaries of the Taiaroa Head site (No 1). 3: The ancillary claims trustees must inform the Minister of Māori Affairs and the Minister in Charge of Treaty of Waitangi Negotiations as soon as the Maori Land Court has confirmed the list of beneficiaries to the Taiaroa Head site (No 1) pursuant to section 345(a) 432: Successors to Korako Karetai to be owners For the purposes only of clauses 14.27.6 to 14.27.13 of the deed of settlement, the successors to Korako Karetai are, in relation to the Taiaroa Head site (No 1), deemed to be owners— a: within the meaning of section 170 b: within the meaning of regulation 2 433: Decisions of successors to Korako Karetai 1: If the successors to Korako Karetai do not make a decision at the meeting held pursuant to clause 14.27.6 of the deed of settlement in accordance with the procedures set out in the Maori Assembled Owners Regulations 1995 a: the option which received the most votes in accordance with those procedures; or b: if no votes are cast, the first option from that list. 2: The recording officers of the meetings held pursuant to clauses 14.27.6, 14.27.9, and 14.27.11 of the deed of settlement must report to the Minister in Charge of Treaty of Waitangi Negotiations and the ancillary claims trustees as soon as practicable after those meetings, under the procedure set out in regulation 48 a: the decisions of the successors to Korako Karetai made pursuant to clause 14.27.7 of the deed of settlement; and b: the decisions of the successors to Korako Karetai, Te Rūnanga Ōtākou, the Minister of Conservation, and the Dunedin City Council made pursuant to clauses 14.27.9 and 14.27.11 of the deed of settlement. 434: Establishment of joint management body If the representatives of the successors to Korako Karetai, Te Rūnanga Ōtākou, the Dunedin City Council, and the Minister of Conservation do not make a decision at their meeting held pursuant to clause 14.27.11 of the deed of settlement to adopt any of the options listed in that clause, they are deemed to have chosen— a: the option which received the support of the majority of the representatives of the successors to Korako Karetai, Te Rūnanga Ōtākou, the Dunedin City Council, and the Minister of Conservation; or b: if there is no majority support for any option, the option set out in clause 14.27.11(a) of the deed of settlement. 435: Transfer of Taiaroa Head site (No 1) to successors to Korako Karetai 1: As soon as practicable after the recording officers report to the Minister in Charge of Treaty of Waitangi Negotiations in accordance with section 433(2) Gazette a: the date on which the ancillary claims trustees must transfer the fee simple estate in the Taiaroa Head site (No 1); and b: the status (including, if appropriate, the status of Māori freehold land) the Taiaroa Head site (No 1) is to have, effective from the date of transfer; and c: the manner (including, if appropriate, by Korako Karetai as an eponymous ancestor) in which the Taiaroa Head site (No 1) is to be held, effective from the date of transfer. 2: The date of transfer of the Taiaroa Head site (No 1) stated by the Minister in Charge of Treaty of Waitangi Negotiations pursuant to subsection (1)(a) must be the business day which is 25 business days after the establishment and naming of the joint management body pursuant to clause 14.27.12 of the deed of settlement. 3: The ancillary claims trustees must transfer the Taiaroa Head site (No 1) on the date and in the manner stated in the notice published pursuant to subsection (1). 4: The transfer by subsection (3) is subject to the administration of the Taiaroa Head site (No 1), including any land reserved from the disposition of that site as a marginal strip pursuant to Part 4A section 437(1) 5: On presentation by the ancillary claims trustees of the transfer of the Taiaroa Head site (No 1) for registration, the Registrar a: register the name of the transferee on the certificate of title relating to the Taiaroa Head site (No 1) as the registered proprietor of that site (including, if appropriate, the name of Korako Karetai); and b: note the status of the Taiaroa Head site (No 1) (as notified in the Gazette 6: The functions of the ancillary claims trustees in relation to the Taiaroa Head site (No 1) and the ancillary claim to which it relates end on the presentation of the transfer of the Taiaroa Head site (No 1) for registration pursuant to subsection (5). Section 435(5) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 436: Vesting of Taiaroa Head site (No 2) 1: The Taiaroa Head site (No 2) is deemed to be vested in Te Rūnanga Ōtākou (to hold but not administer) pursuant to section 26 2: The vesting by subsection (1) is effective on the business day which is 25 business days after the establishment and naming of the joint management body pursuant to clause 14.27.12 of the deed of settlement. 3: The Minister in Charge of Treaty of Waitangi Negotiations must, as soon as practicable, advise by notice in the Gazette 4: The vesting by subsection (1) is subject to the administration of the Taiaroa Head site (No 2) by the joint management body pursuant to section 438(1) 5: Notwithstanding subsection (1) and any Act or rule of law, the assets that are fixed to, or are under or over, the Taiaroa Head site (No 2) are not vested in Te Rūnanga Ōtākou, but remain in the ownership of the person or persons owning them at the date of the vesting by subsection (1). 437: Administration of Taiaroa Head site (No 1) by joint management body 1: The Taiaroa Head site (No 1), including any land reserved from the disposition of that site as a marginal strip pursuant to Part 4A a: as if it were a nature reserve and as if the joint management body had been appointed by the Minister of Conservation under section 38(2) b: subject to the conditions and restrictions set out in attachment 14.15 of the deed of settlement (as quoted in Schedule 116 section 38(2) 2: The quoting in Schedule 116 section 38(2) 438: Administration of Taiaroa Head site (No 2) by joint management body 1: The Taiaroa Head site (No 2) must be administered by the joint management body— a: as if it had been vested in the joint management body pursuant to section 26 b: subject to the conditions and restrictions set out in attachment 14.15 of the deed of settlement (as quoted in Schedule 116 section 26(2) 2: The quoting in Schedule 116 section 26(2) 439: Administration by joint management body 1: In relation to the Taiaroa Head sites, the joint management body is an administering body for the purposes of the Reserves Act 1977 2: The Reserves Act 1977 sections 435(3) 436(1) 440: Commencement of administration by joint management body 1: Sections 437 to 439 2: The Minister in Charge of Treaty of Waitangi Negotiations must, as soon as practicable after the establishment of the joint management body pursuant to clause 14.27.12 of the deed of settlement, advise by notice in the Gazette sections 437 to 439 441: Management of wildlife sanctuary The Minister of Conservation may, at his or her sole discretion, by notice in the Gazette a: is to be included in any management plan prepared for the Taiaroa Head sites; or b: is to be administered by the joint management body, together with the Taiaroa Head sites, as if it were a nature reserve, and is to be included in any management plan prepared for the Taiaroa Head sites,— notwithstanding the Wildlife Act 1953 442: Preparation of management plan for Taiaroa Head sites The management plan to be prepared by the joint management body for the Taiaroa Head sites under section 41 a: include the wildlife sanctuary if the Minister of Conservation has exercised the discretion under section 441 b: subject to the agreement of the Dunedin City Council, include Taiaroa Head site (No 3) and Taiaroa Head site (No 4) if the Dunedin City Council retains those sites and does not agree to their administration by the joint management body. 443: Inclusion of Taiaroa Head site (No 3) 1: If at any time the Dunedin City Council gives its written consent to the revocation of the reservation of the Taiaroa Head site (No 3) as a reserve in accordance with clause 14.27.3 of the deed of settlement, then, notwithstanding any other Act or rule of law,— a: the Minister of Conservation may, by notice in the Gazette section 435 b: the Taiaroa Head site (No 3) will be held in the same manner as the Taiaroa Head site (No 1) from the date of vesting of that site by paragraph (a); and c: the Taiaroa Head site (No 3), including any land reserved from the disposition of that site as a marginal strip pursuant to Part 4A d: Part 3 2: Notwithstanding subsection (1) and any enactment or rule of law, if the Minister of Conservation vests the Taiaroa Head site (No 3) in the descendants of Korako Karetai under subsection (1)(a), the assets that are fixed to, or are under or over, the site are not vested pursuant to subsection (1)(a) but remain in the ownership of the person or persons owning them at the date of the transfer of that land. 3: If the Dunedin City Council gives its written consent to the revocation of the reservation of the Taiaroa Head site (No 3) as a reserve in accordance with clause 14.27.3 of the deed of settlement, then subsection (1) will take effect on the later of— a: the business day which is 25 business days after the establishment of the joint management body; and b: the day on which the Dunedin City Council gives its written consent in accordance with subsection (1). 444: Inclusion of Taiaroa Head site (No 4) 1: If at any time the Dunedin City Council gives its written consent to the cancellation of the vesting in it of the Taiaroa Head site (No 4) in accordance with clause 14.27.3 of the deed of settlement, then, notwithstanding any other Act or rule of law,— a: the Minister of Conservation may, by notice in the Gazette Reserves Act 1977 b: the Taiaroa Head site (No 4) will be held in the same manner as the Taiaroa Head site (No 2) from the date that site is vested by paragraph (a); and c: the Taiaroa Head site (No 4) will be administered by the joint management body from the date that site is vested by paragraph (a) in accordance with the reserve classification it held immediately before it was vested under paragraph (a); and d: notwithstanding paragraph (c) and any Act or rule of law, the assets that are fixed to, or are under or over, the Taiaroa Head site (No 4) are not vested in Te Rūnanga Ōtākou, but remain in the ownership of the person or persons owning them at the date of the transfer of that land. 2: If the Dunedin City Council gives its written consent to the cancellation of the vesting in it of the Taiaroa Head site (No 4) in accordance with clause 14.27.3 of the deed of settlement, then subsection (1) will take effect on the later of— a: the business day which is 25 business days after the establishment of the joint management body; and b: the day on which the Dunedin City Council gives its written consent in accordance with subsection (1). 15: South Island Landless Natives Act 445: Purpose of this Part The purpose of this Part is to provide for the legislative matters contemplated by section 15 (South Island Landless Natives Act) of the deed of settlement. 446: Interpretation In this Part, unless the context otherwise requires,— ancillary claims trustees section 339 Minister original beneficiaries SILNA lands a: the Hawea/Wanaka land: b: the Whakapoai land: c: the Port Adventure land: d: the Toi Toi land;— being the lands described by those names in Schedule 117 SILNA land successor Claim 14 (Hawea/Wanaka) 447: Property description In sections 448 449 Hawea/Wanaka substitute land Schedule 117 448: Revocation of Hawea/Wanaka substitute land's current reserve status The reservation of the Hawea/Wanaka substitute land as a reserve is revoked on the settlement date. 449: Vesting of Hawea/Wanaka substitute land 1: The Minister may, by notice in the Gazette section 455(5) 2: The Minister must arrange for the notice referred to in subsection (1) to be published in the Gazette section 455(5) Claim 33 (Whakapoai) 450: Property descriptions In sections 451 452 Whakapoai land Schedule 117 Whakapoai substitute land 451: Vesting of Whakapoai land or Whakapoai substitute land 1: The Minister may take one of the following actions: a: vest, by notice in the Gazette section 455(5) i: the Whakapoai land being leased back to the Crown (acting through the Minister of Conservation) on the terms set out in attachment 15.1 of the deed of settlement; and ii: compensation being paid by the Crown to the successors to the Whakapoai land in accordance with clause 15.3.2(a) of the deed of settlement: b: vest, by notice in the Gazette c: provide an alternative form of redress to those set out in paragraphs (a) and (b) in accordance with clause 15.3.2(b)(ii) of the deed of settlement. 2: The Minister must, as soon as practicable after receiving the notice in accordance with section 455(5) 452: Lease of Whakapoai land 1: The Crown may lease back the Whakapoai land on the terms set out in attachment 15.1 of the deed of settlement, notwithstanding anything to the contrary in the Land Act 1948 2: If the Minister takes the action set out in section 451(1)(a) a: the Governor-General may declare the Whakapoai land to be a national park to which the National Parks Act 1980 section 7 b: the Whakapoai land will be managed by the Crown as part of the Kahurangi National Park as if the Whakapoai land were constituted a national park under the National Parks Act 1980. 3: If the Minister takes either of the actions set out in section 451(1)(b) a: declared to be a national park under the National Parks Act 1980 b: added to the Kahurangi National Park,— as if it had been declared and added pursuant to section 7 section 8 4: Section 11 Part 10 Claim 92 (Port Adventure) 453: Provision of redress for successors to Port Adventure land 1: In this section, adjoining land Port Adventure land Schedule 117 2: The Minister may take one of the following actions: a: vest, by notice in the Gazette section 455(5) b: vest, by notice in the Gazette c: provide an alternative form of redress to those set out in paragraphs (a) and (b) in accordance with clause 15.4.2(b)(ii) of the deed of settlement. 3: In order to allow for the creation of alternative boundaries to the Port Adventure land pursuant to subsection (2)(b), the Minister of Conservation may, in his or her discretion, by notice in the Gazette a: change the classification or purpose of the whole or part of the adjoining land: b: revoke the reservation of the whole or part of the adjoining land as a nature reserve or scenic reserve: c: remove the status of conservation area managed for conservation purposes from the whole or part of the adjoining land. 4: The Minister must, as soon as practicable after receiving the notice in accordance with section 455(5) Claim 92 (Toi Toi) 454: Provision of redress for successors to Toi Toi land 1: In this section adjoining land Toi Toi land Schedule 117 2: The Minister may take one of the following actions: a: vest, by notice in the Gazette section 455(5) b: vest, by notice in the Gazette c: provide an alternative form of redress to those set out in paragraphs (a) and (b) in accordance with clause 15.5.2(b)(ii) of the deed of settlement. 3: In order to allow for the creation of alternative boundaries to the Toi Toi land pursuant to subsection (2)(b), the Minister of Conservation may, in his or her discretion, by notice in the Gazette a: change the classification or purpose of the whole or part of the adjoining land: b: revoke the reservation of the whole or part of the adjoining land as a nature reserve or scenic reserve: c: remove the status of conservation area managed for conservation purposes from the whole or part of the adjoining land. 4: The Minister must, as soon as practicable after receiving the notice in accordance with section 455(5) Miscellaneous matters 455: Miscellaneous matters to give effect to SILNA redress 1: The Minister of Māori Affairs and the Maori Land Court may undertake any actions prescribed for them in section 15 of the deed of settlement, notwithstanding the fact that the SILNA lands, or land being dealt with in substitution for a SILNA land, are not Māori freehold land. 2: The Maori Land Court may give notice in the Panui of every Maori Land Court District, and in such other way as the Maori Land Court considers appropriate, in order to identify the successors to the SILNA lands in accordance with clauses 15.6.2 and 15.6.3 of the deed of settlement. 3: For the purposes only of clauses 15.6 and 15.7 of the deed of settlement, the successors to a SILNA land are, in relation to that land, deemed to be owners— a: within the meaning of section 170 b: within the meaning of regulation 2 4: If the successors to a SILNA land do not make a decision in accordance with the procedures set out in the Maori Assembled Owners Regulations 1995 5: The recording officer of each meeting of successors to a SILNA land must report to the Minister, under the procedure set out in regulation 48 6: The Registrar the Registrar's Section 455(6) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Claim 16 (South Westland) 456: South Westland land to vest in ancillary claims trustees 1: In this section, Awarua site Okahu site Whakapohai site Schedule 117 2: The fee simple estate in the following land: a: Awarua site: b: Okahu site: c: Whakapohai site;— is vested in the ancillary claims trustees on the date that is 30 business days after the settlement date. 457: Pāringa River site to vest in ancillary claims trustees 1: In this section, Pāringa River site Schedule 117 2: The Pāringa River site ceases to be a conservation area on the date that is 30 business days after the settlement date. 3: The fee simple estate in the Pāringa River site is vested in the ancillary claims trustees on the date that is 30 business days after the settlement date. 4: Before the Maori Land Court makes a vesting order in relation to the Pāringa River site pursuant to section 346(1) Registrar 5: The Ngā Whenua Rāhui kawenata referred to in subsection (4) is deemed to be entered into under section 77A 6: Notwithstanding section 77A(1)(b) 7: The Registrar section 77A Land Transfer Act 1952 Section 457(4) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 457(7) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 458: Okahu replacement site to vest in ancillary claims trustees 1: In this section, Okahu replacement site Schedule 117 2: Okahu replacement site ceases to be a conservation area on the date that is 30 business days after the settlement date. 3: The fee simple estate in Okahu replacement site is vested in the ancillary claims trustees on the date that is 30 business days after the settlement date. 4: Before the Maori Land Court makes a vesting order in relation to Okahu replacement site pursuant to section 346(1) Registrar 5: The Ngā Whenua Rāhui kawenata referred to in subsection (4) is deemed to be entered into under section 77A 6: Notwithstanding section 77A(1)(b) 7: The Registrar section 77A Land Transfer Act 1952 Section 458(4) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 458(7) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 16: Conditions and legislation 459: Purpose of this Part The purpose of this Part is to provide for the legislative matters contemplated by section 17 (conditions and legislation) of the deed of settlement. 460: Effective date of matters in this Part The date on which the matters provided for in this Part take effect is the settlement date. 461: Settlement of Ngāi Tahu claims to be final 1: The settlement of the Ngāi Tahu claims to be effected pursuant to the deed of settlement and this Act is final, and the Crown is released and discharged in respect of those claims. 2: Subsection (1) does not limit the deed of settlement. 3: Despite any other enactment or rule of law, no court or tribunal has jurisdiction to inquire or further inquire into, or to make any finding or recommendation in respect of,— a: any or all of the Ngāi Tahu claims; or b: the validity of the deed of settlement; or c: the adequacy of the benefits provided to Te Rūnanga o Ngāi Tahu and others under this Act or the deed of settlement; or d: this Act. 4: Subsection (3) does not exclude the jurisdiction of a court or tribunal in respect of the interpretation or implementation of the deed of settlement or this Act. 5: This section does not limit the jurisdiction of the Maori Land Court in the implementation of sections 14 and 15 of the deed of settlement. 462: Jurisdiction of Tribunal to consider claims Section 462 repealed 23 May 2008 section 7 Treaty of Waitangi Amendment Act 2008 463: Enactments relating to resumptive memorials on land within Ngāi Tahu claim area no longer to apply Nothing in— a: sections 8A to 8H b: the amendments made to the Treaty of Waitangi Act 1975 Part 4 c: sections 27A to 27C d: sections 568 to 570 e: Part 3 applies in relation to any land within the Ngāi Tahu claim area. Section 463(d) replaced 1 August 2020 section 668 Education and Training Act 2020 464: Removal of resumptive memorials 1: The chief executive must, as soon as reasonably practicable after the settlement date, issue to the Registrar a: that is within b: that contains a memorial entered under any of the enactments referred to in section 463(1) 2: Each certificate issued pursuant to subsection (1) must state that it is issued pursuant to this section. 3: The Registrar the Registrar a: register the certificate against each certificate of title identified in the certificate; and b: cancel each memorial that, under any of the enactments referred to in section 463(1) 4: Subsection (2) does not require the Registrar Section 464(1) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 464(1)(a) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 464(3) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 464(4) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 465: Maori Trust Boards Act 1955 1: Amendment(s) incorporated in the Act(s) 2: Amendment(s) incorporated in the Act(s) 466: Limit on duration of trusts does not apply No rule of law or provisions of an Act limiting the duration of a trust, including section 16 Section 466 heading replaced 30 January 2021 section 161 Trusts Act 2019 Section 466 amended 30 January 2021 section 161 Trusts Act 2019 467: Settlement for benefit of Ngāi Tahu Whānui collectively 1: The settlement is for the benefit of Ngāi Tahu Whānui collectively, and not for the benefit of any individual, single whānau, single marae, single hapū, or single Papatipu Rūnanga (except to the extent that, after the settlement date, Te Rūnanga o Ngāi Tahu determines in accordance with the charter and Te Runanga o Ngai Tahu Act 1996 2: Subsection (1) does not apply to clauses 13.3 and 13.6 and sections 14 and 15 of the deed of settlement or to sections 324 to 326 333 to 337 Parts 14 15 17: Miscellaneous 468: Purpose of this Part The purpose of this Part is to provide for the legislative matters contemplated by section 20 (miscellaneous matters) of the deed of settlement. 469: Interpretation In this Part,— encumbrance specified settlement property Parts 11 13 14 15 470: Application of this Part Except as expressly provided in this Act, this Part applies to the vesting in a Ngāi Tahu recipient by this Act of a specified settlement property. 471: Disposition by the Crown Except as expressly provided in this Act, the vesting of the fee simple estate in a specified settlement property is deemed to be a disposition by the Crown for the purposes of Part 4A 472: Encumbrances 1: Except as expressly provided in this Act, an encumbrance which is not registrable under the Land Transfer Act 1952 2: The inclusion in a schedule of this Act of an encumbrance in relation to land does not give the encumbrance any greater force or effect than it has had it not been included in the schedule. 3: Except as expressly provided in this Act, nothing in Te Ture Whenua Maori Act 1993 Parts 13 14 15 4: Except as expressly provided in this Act, the fee simple estate of a specified settlement property that is land under the Land Transfer Act 1952 473: Continuing application of statute and other matters Except as expressly provided in this Act, all statutes, regulations, bylaws, powers, rights, and obligations are unaffected by the vesting in a Ngāi Tahu recipient by this Act of a specified settlement property. 474: Title to specified settlement property 1: Where the fee simple estate in a specified settlement property is vested by this Act in a Ngāi Tahu recipient, and that specified settlement property is— a: land which is registered under the Land Transfer Act 1952 the Registrar i: register that Ngāi Tahu recipient as the proprietor of the fee simple estate in that specified settlement property, in substitution for the Crown body which held the fee simple estate in that specified settlement property immediately before that vesting; and ii: make such entries in the register and on any outstanding documents of title and generally do all such things as may be necessary to give effect to this Part; or b: land other than land registered under the Land Transfer Act 1952 the Registrar form 1 2: An application made in accordance with subsection (1) must— a: specify the name of the Ngāi Tahu recipient and a description of the specified settlement property sufficient to identify it; and b: in the case of an application made pursuant to subsection (1)(b), include a certificate by the chief executive or the Surveyor-General c: without limiting subsection (3), be made as soon as reasonably practicable after the date on which the fee simple estate in that specified settlement property is vested in a Ngāi Tahu recipient by this Act. 3: Except as expressly provided in this Act, a certificate of title must be issued pursuant to subsection (1)(b) as soon as reasonably practicable after an application has been made pursuant to subsection (2), and, in any event, no later than 12 months after the vesting of the relevant specified settlement property (or such later date as may be agreed in writing by Te Rūnanga o Ngāi Tahu and the Crown). 4: The certificate given in accordance with subsection (2)(b) must be filed by the Registrar Registrar Section 474(1)(a) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 474(1)(b) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 Section 474(2)(b) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002 Section 474(4) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 475: Certification of registrable interests 1: Where the fee simple estate in a specified settlement property is vested in a Ngāi Tahu recipient subject to the reservation of, or having the benefit of, any easement (not being an easement previously registered under the Land Transfer Act 1952 Surveyor-General section 474 2: The Registrar 3: Where a notation of an easement or encumbrance is entered upon the relevant certificate of title pursuant to subsection (2), the easement or encumbrance is deemed for all purposes (including all subsequent dealings) to be created under the Land Transfer Act 1952 Section 475(1) amended 1 June 2002 section 69(1) Cadastral Survey Act 2002 Section 475(2) amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998 476: Exclusions 1: Sections 24 25 Wildlife Act 1953 sections 18(7) 26 a: a change of classification or purpose of a reserve; or b: a change of a specially protected status of a conservation area; or c: a revocation of a reserve or wildlife refuge; or d: the cessation of status of a conservation area,— where the reserve, wildlife refuge, or conservation area is a specified settlement property vested in a Ngāi Tahu recipient by this Act, unless expressly provided otherwise in the section by which the specified settlement property is vested. 2: Sections 78(1)(a) 79 80 81 82 3: Nothing in section 11 Part 10 4: Sections 116(2)(d) 117 118 sections 342 345(3) 477: Stopping of roads Except as expressly provided in this Act, where a road is stopped by this Act, the area comprising the stopped road is vested in the Crown. 478: Successors bound 1: In this section, successor in title 2: Where the fee simple estate in a specified settlement property is vested in a Ngāi Tahu recipient by this Act, the terms on which that specified settlement property is vested in that Ngāi Tahu recipient bind any successor in title to that property. 479: Registration without fee Where an action is required to be undertaken by the Registrar Section 479 amended 1 February 1999 Land Transfer (Automation) Amendment Act 1998

DLM428202

1998

Electricity Industry Reform Act 1998

1: Short Title and commencement 1: This Act may be cited as the Electricity Industry Reform Act 1998. 2: Except as provided in subsections (3) to (5), this Act comes into force on the day after the date on which this Act receives the Royal assent. 3: The following provisions are deemed to have come into force on 21 May 1998: a: sections 37 to 45 b: section 46 c: Part 3 d: section 68 e: section 69 f: section 71 4: Part 2 5: Section 100 Section 1(5) brought into force 14 May 1999 Electricity Industry Reform Act (Commencement of Section 100) Order 1999 2: Purpose 1: The purpose of this Act is to better ensure— a: that costs and prices in the electricity industry are subject to sustained downward pressure; and b: that the benefits of efficient electricity pricing flow through to all classes of consumers; and c: new investment in generation from renewable energy sources. 1A: The Act does this by— a: effectively separating electricity lines from generation and retail where those activities are co-located; and b: promoting effective competition in electricity generation and retail; and c: limiting barriers to new investment in generation from renewable energy sources. 2: The particular purpose of Parts 1 to 3 5 a: to prohibit certain involvements in electricity lines and electricity generation and retail that may create incentives or opportunities— i: to inhibit competition in the electricity industry; or ii: to cross-subsidise generation or retail activities from electricity lines activities; and b: to restrict relationships between a business that has involvement in electricity lines and a business that has involvement in electricity generation or retail, where those relationships may not otherwise be at arm's-length; and c: to provide specified exemptions for new investment in generation from renewable energy sources. 3: The particular purpose of Part 6 4: 5: Section 2(1) substituted 14 October 2008 section 4(1) Electricity Industry Reform Amendment Act 2008 Section 2(1A) inserted 14 October 2008 section 4(1) Electricity Industry Reform Amendment Act 2008 Section 2(2) substituted 14 October 2008 section 4(2) Electricity Industry Reform Amendment Act 2008 Section 2(4) repealed 14 October 2008 section 4(3) Electricity Industry Reform Amendment Act 2008 Section 2(5) repealed 14 October 2008 section 4(4) Electricity Industry Reform Amendment Act 2008 1: Separation of lines and supply—Preliminary provisions Interpretation 3: Interpretation 1: In Parts 1 to 5 agreement arm’s-length rules Schedule 1 assets associate section 12 business business A business B section 6 Commission section 8 connected customer section 2(1) a: the electricity is conveyed to that consumer on a line in which the person is involved; and b: the consumer and the line are within the same local network area connected customers selling cap section 17C connected electricity business section 17D connected generation connected generation cap section 17A control right section 9 court director disregarded involvement section 19 electricity business section 7(1)(a) to (c) electricity trust equity return right section 10 exceeds the overlap threshold section 20 a: more than 20% of the persons having non-specific interests in person A are likely to be the same persons as have interests in person B; or b: the class or classes of persons having non-specific interests in person A are substantially included in a class or classes of persons having interests in person B; or c: more than 20% of the persons likely to derive an appreciable benefit from non-specific interests in person A are likely to be the same persons as those that are likely to derive an appreciable benefit from equity return rights in person B; or d: more than 20% of the benefits distributed or distributable as a result of non-specific interests in person A are likely to benefit substantially the same class of persons as are likely to derive an appreciable benefit from equity return rights in person B; or e: person A has a type of overlap specified from time to time in regulations made under section 87 and overlap threshold being exceeded expectancy a: an expectancy or a contingent or unvested right to equity returns of the business or person; or b: a right to equity returns of the business or person which does not confer on the holder a certain or defined share of the equity returns available to all or to any class of persons having equity return rights in the business or person financial year interest involved section 7 line local network section 2(1) local network area manager a: means a person who, whether alone or jointly with any other person, manages, or directs or supervises the management of, the whole or a substantial part of the business and affairs of the person; and b: includes, for the avoidance of doubt,— i: in relation to a trust, a trustee: ii: in relation to a local authority, a member; but c: does not include,— i: in relation to a body corporate, a director of that body corporate: ii: in relation to an electricity business in which a local authority or any other person has an interest, a member of that local authority or manager of that person only as a result of having that position material influence section 11 maximum demand member Minister nameplate national grid non-specific interests operating ownership separation rules sections 17 to 17C section 20 person qualifying generation section 17C(2) renewable energy source rights sell sell electricity subsidiary sections 5 6 2: Where a section has a statement of purpose, the statement is an indication of the matters that may be considered in ascertaining the meaning of the section, but does not limit the section or any other section. 3: In relation to sections 17 19 a: limitations, exclusions, or exemptions under those sections may be applied cumulatively; and b: references to an activity being carried out only or solely for a particular purpose or in a particular way, or to a person having an involvement or interest only or solely for a particular reason, must not be read as excluding reliance on any other limitation, exclusion, or exemption in any of those sections. Section 3(1) agency repealed 8 August 2001 section 3(1) Electricity Industry Reform Amendment Act 2001 Section 3(1) arm’s-length rules 14 October 2008 section 5(3) Electricity Industry Reform Amendment Act 2008 Section 3(1) Commission amended 25 January 2005 section 200 Crown Entities Act 2004 Section 3(1) connected customer inserted 14 October 2008 section 5(2) Electricity Industry Reform Amendment Act 2008 Section 3(1) connected customers selling cap inserted 14 October 2008 section 5(2) Electricity Industry Reform Amendment Act 2008 Section 3(1) connected electricity business inserted 14 October 2008 section 5(2) Electricity Industry Reform Amendment Act 2008 Section 3(1) connected generation inserted 14 October 2008 section 5(2) Electricity Industry Reform Amendment Act 2008 Section 3(1) connected generation cap inserted 14 October 2008 section 5(2) Electricity Industry Reform Amendment Act 2008 Section 3(1) core assets repealed 14 October 2008 section 5(1) Electricity Industry Reform Amendment Act 2008 Section 3(1) cross-involvement repealed 14 October 2008 section 5(1) Electricity Industry Reform Amendment Act 2008 Section 3(1) customer co-operative repealed 14 October 2008 section 5(1) Electricity Industry Reform Amendment Act 2008 Section 3(1) distributed generation repealed 14 October 2008 section 5(1) Electricity Industry Reform Amendment Act 2008 Section 3(1) electricity business substituted 14 October 2008 section 5(2) Electricity Industry Reform Amendment Act 2008 Section 3(1) electricity company repealed 14 October 2008 section 5(1) Electricity Industry Reform Amendment Act 2008 Section 3(1) electricity lines business repealed 14 October 2008 section 5(1) Electricity Industry Reform Amendment Act 2008 Section 3(1) electricity supply business repealed 14 October 2008 section 5(1) Electricity Industry Reform Amendment Act 2008 Section 3(1) exempt person repealed 14 October 2008 section 5(1) Electricity Industry Reform Amendment Act 2008 Section 3(1) existing cross-involvement repealed 14 October 2008 section 5(1) Electricity Industry Reform Amendment Act 2008 Section 3(1) existing involvement repealed 14 October 2008 section 5(1) Electricity Industry Reform Amendment Act 2008 Section 3(1) financial year inserted 14 October 2008 section 5(2) Electricity Industry Reform Amendment Act 2008 Section 3(1) line substituted 14 October 2008 section 5(2) Electricity Industry Reform Amendment Act 2008 Section 3(1) local network inserted 14 October 2008 section 5(2) Electricity Industry Reform Amendment Act 2008 Section 3(1) manager substituted 14 October 2008 section 5(2) Electricity Industry Reform Amendment Act 2008 Section 3(1) maximum demand inserted 20 May 2003 section 4(2) Electricity Industry Reform Amendment Act 2004 Section 3(1) Minister inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 3(1) mirror co-operative repealed 14 October 2008 section 5(1) Electricity Industry Reform Amendment Act 2008 Section 3(1) mirror trust repealed 14 October 2008 section 5(1) Electricity Industry Reform Amendment Act 2008 Section 3(1) nameplate substituted 14 October 2008 section 5(2) Electricity Industry Reform Amendment Act 2008 Section 3(1) ownership separation rules substituted 14 October 2008 section 5(2) Electricity Industry Reform Amendment Act 2008 Section 3(1) qualifying generation inserted 14 October 2008 section 5(2) Electricity Industry Reform Amendment Act 2008 Section 3(1) renewable energy source inserted 14 October 2008 section 5(2) Electricity Industry Reform Amendment Act 2008 Section 3(1) sell inserted 14 October 2008 section 5(2) Electricity Industry Reform Amendment Act 2008 Section 3(1) settling trust repealed 14 October 2008 section 5(1) Electricity Industry Reform Amendment Act 2008 Section 3(1) transfer repealed 14 October 2008 section 5(1) Electricity Industry Reform Amendment Act 2008 Section 3(1) unseparated electricity business repealed 14 October 2008 section 5(1) Electricity Industry Reform Amendment Act 2008 Section 3(3) added 8 August 2001 section 3(5) Electricity Industry Reform Amendment Act 2001 Section 3(3) amended 14 October 2008 section 5(4) Electricity Industry Reform Amendment Act 2008 4: Meaning of electricity lines business Section 4 repealed 14 October 2008 section 6 Electricity Industry Reform Amendment Act 2008 5: Meaning of electricity supply business Section 5 repealed 14 October 2008 section 6 Electricity Industry Reform Amendment Act 2008 6: Meaning of business A and business B 1: Where section 20 sections 17 to 17G 2: Where the rest of this Act uses the term business A, it refers to a business that is required to be carried out in one company under section 17E 3: Where this Act applies to business A, it applies equally to business B, and vice versa. 4: References to trust A and trust B have corresponding meanings and application. Section 6 substituted 14 October 2008 section 7 Electricity Industry Reform Amendment Act 2008 7: Meaning of involved 1: For the purposes of this Act, a person is involved a: in a line if the person conveys electricity by the line, or owns or operates, directly or indirectly, the line or any other assets used in connection with the line, either alone or together with its associates and either on its own or another’s behalf: b: in any generation if the person generates electricity from the generator, or owns or operates, directly or indirectly, the generator or any other assets used in connection with the generator, either alone or together with its associates and either on its own or another’s behalf: c: in selling electricity to a customer if the person sells to the customer either on its own or another’s behalf: d: in any of the things referred to in paragraphs (a) to (c) if the person— i: carries on a business that does any of those things, either alone or together with its associates and either on its own or another’s behalf; or ii: exceeds the 10% threshold in section 8 iii: has material influence over a business that does any of those things. 2: Involvement Section 7 substituted 14 October 2008 section 7 Electricity Industry Reform Amendment Act 2008 7A: How to measure involvement 1: This section applies for the purposes of calculating the caps and thresholds referred to in the following sections: a: section 17A b: section 17C c: section 17D 2: A person is involved in any connected generation only in proportion to the extent of the person’s interest in the connected generation. Examples LineCo has a 20% shareholding in a joint venture company that operates a connected 100 MW generating plant. LineCo is therefore involved in 20 MW of generation. Consequently, 20 MW of generation counts towards the cap on connected generation (50 MW in the case of thermal generation and unlimited in the case of renewable generation). LineCo can sell to connected customers all of the total annual nominal MWh capacity of the 20 MW. The selling cap does not change in proportion to the extent of LineCo’s interest in the business selling the electricity. For example, if the business selling the electricity is a joint venture company in which LineCo has only a 30% shareholding, then LineCo’s selling cap is the same as it would have been if LineCo had a 100% shareholding in the selling business. Fred is a director of LineCo. That directorship is his only interest in anything. Fred’s involvement in respect of both generation and selling is the same as LineCo’s. LineCo must corporately separate and operate the generation and retail businesses at arm's-length (because the 20 MW exceeds the 10 MW threshold). However, it does not need to have separate managers because the 20 MW does not exceed the 30 MW threshold for separate managers in the arm's-length rules. Section 7A inserted 14 October 2008 section 7 Electricity Industry Reform Amendment Act 2008 8: Meaning of 10% threshold A person exceeds the 10% threshold in respect of an electricity business if the person— a: has more than 10% of the control rights in the business; or b: has more than 10% of the equity return rights in the business; or c: is one of 2 or more associates who, in aggregate, have more than 10% of the control rights in the business; or d: is one of 2 or more associates who, in aggregate, have more than 10% of the equity return rights in the business. 9: Meaning of control rights 1: For the purposes of this Act, a control right 2: A person has a control right under this Act if the person would have a relevant interest, under sections 5 to 5B Markets a: if voting security b: if references in those sections Section 9(2) amended 29 February 2008 section 14 Securities Markets Amendment Act 2006 Section 9(2) amended 1 December 2002 section 30 Securities Markets Amendment Act 2002 Section 9(2)(b) amended 29 February 2008 section 14 Securities Markets Amendment Act 2006 10: Meaning of equity return rights 1: For the purposes of this Act, a person has an equity return right 2: Equity returns a: profits of the business; or b: distributions from the business; or c: other equity returns from the business. 3: Other equity returns a: means a benefit derived, directly or indirectly, from a business which represents, or is calculated by reference to, or is determined by,— i: a share in or proportion of its capital; or ii: its surplus or residual economic value (after satisfying prior contractual claims); or iii: its profitability or other indicator of its success; but b: does not include (for the avoidance of doubt) a right or entitlement to interest on debt calculated at general market rates prevailing at the time of the loan agreement, or fluctuating in accordance with a formula which applies general market rates prevailing from time to time. 4: In respect of equity return rights for which percentage entitlements are not readily calculable for any reason, the persons that hold or may hold them and the amounts are to be determined in accordance with any method set out in regulations. 5: A person is deemed to have a percentage of the equity return rights held by another person in a business if the first person has, or is one of 2 or more associates who together have, more than 10% of the equity return rights in the second person. 6: The percentage of rights held by a person in another person is calculated as follows: a = b × c where— a is the percentage to be determined b is the percentage of the equity return rights held by the first person in the second person c is the percentage of the equity return rights held by the second person in the business. 11: Meaning of material influence 1: Without limiting the ordinary meaning of the expression material influence a: a director or manager b: if the business is carried on by a natural person, that person: c: a person in accordance with whose directions, instructions, or wishes a person referred to in either of paragraph (a) or paragraph (b), or the business, may be required or is accustomed to act in respect of the carrying on or management of the business: d: a person that exercises or that is entitled to exercise, or who controls or is entitled to control the exercise of, powers which would ordinarily fall to be exercised by a person referred to in either of paragraph (a) or paragraph (b): e: a person that can appoint or remove, or control the appointment or removal of, a person referred to in either of paragraph (a) or paragraph (b): f: a person that has a power to influence a decision of the business which would ordinarily require the holding of control rights which would cause the person to exceed the 10% threshold: g: a person in circumstances where that person and the business is acting, or proposing to act, jointly or in concert in relation to the business; or h: a person that, under a trust or agreement (whether or not the person is a party to it), may at any time have any of the powers referred to in paragraph (c) to paragraph (f). 2: Where a person has material influence over an electricity business under this section, and another person has any of the powers or controls referred to in paragraph (c) to paragraph (h) in relation to the first person or the majority of its directors or managers 3: A person is deemed to have material influence over an electricity business if the person is one of 2 or more associates who, together, have material influence over the business. 4: Subsection (3) does not apply to deem a person to have material influence over a business only because that person is, under section 12(1)(b) or (c) arm’s-length rules 5: For the avoidance of doubt, a power to cast one of many votes at an election of trustees or councillors does not, of itself, constitute material influence. Section 11(1)(a) amended 14 October 2008 section 8(1) Electricity Industry Reform Amendment Act 2008 Section 11(2) amended 14 October 2008 section 8(2) Electricity Industry Reform Amendment Act 2008 Section 11(4) amended 14 October 2008 section 5(3) Electricity Industry Reform Amendment Act 2008 12: Meaning of associate 1: For the purposes of this Act, person A is an associate a: person A is a body corporate, and person B is— i: a director of that body corporate; or ii: a related body corporate of that body corporate (within the meaning of section 5B(2) Markets iii: a director of a related body corporate of that body corporate (within that same meaning); or b: person A is a spouse, civil union partner, de facto partner, c: d: person A is a partner, to whom the Partnership Act 1908 da: person A is a limited partnership or an overseas limited partnership and person B is a general partner or a limited partner who takes part in the management of the limited partnership (within the meaning of the Limited Partnerships Act 2008 e: person A is a nominee or trustee for person B in relation to interests in a business; or f: person A is a director of a company, or holds more than 10% of the control rights in the company, and person A and person B are parties to an agreement relating to— i: the control of that company; or ii: more than 20% of the control rights in that company; or g: person A and person B are acting, or propose to act, or are likely to act, jointly or in concert in relation to a business; or h: person A is a person who, in making a decision or exercising a power materially affecting a business, is accustomed, or under an obligation, or proposes, or is likely, to act in accordance with the directions, instructions, or wishes of person B. 2: References in subsection (1)(e) to (h) to a company or business relate to a company or business in respect of which a connection with an electricity business is relevant. Section 12(1)(a)(ii) amended 29 February 2008 section 14 Securities Markets Amendment Act 2006 Section 12(1)(a)(ii) amended 1 December 2002 section 30 Securities Markets Amendment Act 2002 Section 12(1)(b) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 12(1)(c) repealed 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 12(1)(da) inserted 14 October 2008 section 9 Electricity Industry Reform Amendment Act 2008 13: Meaning of agency Section 13 repealed 8 August 2001 section 5 Electricity Industry Reform Amendment Act 2001 14: Substance matters, not form 1: Any question under Parts 1 to 5 2: Without limiting subsection (1), a person may be involved in an electricity business, or be an associate or agency, regardless of whether a right, influence, power, obligation, or agreement— a: is expressed or implied: b: is direct or indirect: c: is legally enforceable or not: d: is related to a particular control right or not: e: is subject to restraint or restriction or is capable of being made subject to restraint or restriction: f: is exercisable presently or in the future: g: is exercisable only on the fulfilment of a condition: h: is exercisable alone or jointly with another person or persons. 3: A power, influence, or ability exercisable jointly with another person or persons is deemed to be exercisable by either or any of those persons. 4: A reference to a power or obligation includes a reference to a power, influence, ability, or requirement that arises from, or is capable of being exercised or required as the result of, a breach of any trust or agreement whether or not it is legally enforceable. 1988 No 234 s 5(4), (5), (6) Application of Act 15: Application to persons outside New Zealand This Act extends to the acquisition or having of interests in electricity businesses in New Zealand by persons outside New Zealand. 1986 No 5 s 4(3) 16: Act binds the Crown 1: This Act binds the Crown except as provided in subsection (2). 2: This Act does not apply to the Crown in so far as this Act applies, or would apply, to the Crown's involvement in both a business that operates all or part of the national grid and in an electricity supply business. 2: Separation of lines and supply—Rules and exemptions Ownership separation Heading substituted 14 October 2008 section 10 Electricity Industry Reform Amendment Act 2008 17: Ownership restrictions 1: The purpose of this section is to prevent a person being involved both in a line, and in generation or supply, in certain circumstances. 2: It is a contravention of this Part if a person has an involvement that is a breach of either or both of the following: a: the connected generation cap: b: the connected customers selling cap. Section 17 substituted 14 October 2008 section 10 Electricity Industry Reform Amendment Act 2008 Connected generation and connected customers selling caps Heading inserted 14 October 2008 section 10 Electricity Industry Reform Amendment Act 2008 17A: Connected generation cap rule 1: The connected generation cap is breached by a person if— a: any of the person’s connected generation with a capacity greater than 5 MW in total (determined according to nameplate or nameplates) was commissioned before 20 May 2003; or b: the person’s connected generation has a total capacity (determined according to nameplate or nameplates) that exceeds the greater of— i: 50 MW; or ii: 20% of the average of the maximum demand, in the immediately preceding 3 financial years, on the local network area. 2: This section is subject to section 17B Section 17A inserted 14  October 2008 section 10 Electricity Industry Reform Amendment Act 2008 17B: Small or encouraged connected generation The following connected generation is not counted for the purpose of section 17A section 17D a: generation commissioned on or after 8 August 2001 if the electricity generated from it is produced only from renewable energy sources: b: generation commissioned on or after 8 August 2001 if the electricity generated from it is produced partly from renewable energy sources, as long as fossil fuels provide no more of the total fuel energy input for the generator or generators comprising the generation plant in any 12-month period than— i: 20%; or ii: any larger amount approved by the Minister (on the conditions, if any, he or she thinks fit) after first taking into account whether or not the generation uses new or advanced technology: c: generation where the total capacity (determined according to nameplate or nameplates) of the generator is 5 MW or less if the generation was owned or operated, directly or indirectly, by the relevant person— i: before 23 June 1998; and ii: continuously between that date and the date when the person counts that generation for the purposes of section 17A d: generation that is disregarded under section 19 Section 17B inserted 14 October 2008 section 10 Electricity Industry Reform Amendment Act 2008 17C: Connected customers selling cap rule 1: The connected customers selling cap is breached by a person if the person is involved in selling more electricity to connected customers within a local network area, in total, in a financial year, than the equivalent of the person’s qualifying generation within the local network area. 2: The person’s qualifying generation a + b + c where— a is the person’s connected generation that is counted for the purpose of the connected generation cap in section 17A b is any connected generation referred to in section 17B(a), (b), or (c) c is any generation referred to in section 17B(a) or (b) a: on application by or on behalf of the person, the Commission has determined, by notice in the Gazette b: the total capacity (determined according to nameplate or nameplates) of all generation in which the person has an involvement does not exceed 100 MW. 3: The Commission may not determine that any generation should be treated as being within more than 1 local network area. Section 17C inserted 14 October 2008 section 10 Electricity Industry Reform Amendment Act 2008 Corporate separation and arm’s-length rules Heading inserted 14 October 2008 section 10 Electricity Industry Reform Amendment Act 2008 17D: Threshold for corporate separation and arm's-length rules A business is a connected electricity business section 17B section 17C(2) Section 17D inserted 14 October 2008 section 10 Electricity Industry Reform Amendment Act 2008 17E: Corporate separation and arm’s-length rules imposed 1: Every person or persons who carry on a connected electricity business must carry on the business involving the relevant line in a different company from the company that carries on the business involving the qualifying generation or the selling to connected customers. 2: Every person who is involved in either of the connected electricity businesses must comply, and ensure that the person’s electricity businesses comply, with the arm’s-length rules. Section 17E inserted 14 October 2008 section 10 Electricity Industry Reform Amendment Act 2008 Use-of-systems agreements rules for businesses with 5 MW or more of connected generation Heading inserted 14 October 2008 section 10 Electricity Industry Reform Amendment Act 2008 17F: Use-of-systems agreements rules for businesses with 5 MW or more of connected generation 1: This section applies to an electricity business— a: that either— i: is required to comply with the arm's-length rules; or ii: would be required to comply with the arm's-length rules if the threshold for those rules were set at 5 MW of connected generation (instead of 10 MW); and b: that sells more than 5 GWh of electricity to connected customers in a financial year. 2: Every director of that electricity business must ensure that— a: the business has a comprehensive, written use-of-systems agreement that provides for the supply of line services (to the extent that those services are for the purpose of retailing) to the business that is involved in selling electricity (entered into, in the case of a business to which the corporate separation rule does not apply, as if the businesses were separate legal persons); and b: the terms of that use-of-systems agreement do not discriminate in favour of one business and do not contain arrangements that include elements that the business usually omits, or omit elements that the business usually includes, in use-of-systems agreements with parties that are— i: connected or related only by the transaction or dealing in question; and ii: acting independently; and iii: each acting in its own best interests; and c: the business operates in accordance with that use-of-systems agreement; and d: the business publishes that use-of-systems agreement on an Internet site maintained by or on behalf of the business so that it is available to the public at all reasonable times. 3: The directors of that electricity business must publish on an Internet site maintained by or on behalf of the business, so that it is available to the public at all reasonable times, a certificate, signed by those directors, stating whether or not, in the preceding calender year,— a: the terms in the use-of-systems agreement are a true and fair view of the terms on which line services were supplied in respect of the sales to which the agreement relates during that year; and b: this section was otherwise fully complied with during that year. 4: Every director commits an offence who— a: refuses or knowingly fails to comply with this section; or b: publishes a use-of-systems agreement or a certificate knowing that it is false or misleading in a material particular. 5: Every director who commits an offence under subsection (4) is liable on summary conviction to a fine not exceeding $200,000. Section 17F inserted 14 October 2008 section 10 Electricity Industry Reform Amendment Act 2008 Exemption for Transpower Heading inserted 14 October 2008 section 10 Electricity Industry Reform Amendment Act 2008 17G: Exemption for Transpower New Zealand Limited for purpose of deferring investment in national grid 1: In this section, unless the context otherwise requires, Transpower 2: This section applies if, and to the extent to which, Transpower contracts with another person for that person to generate electricity for the purpose of deferring the need for investment by Transpower in the national grid. 3: Transpower is not involved in that person’s electricity generation for the purposes of this Act. Section 17G inserted 14 October 2008 section 10 Electricity Industry Reform Amendment Act 2008 18: 20% aggregate cross-ownership prohibition Section 18 repealed 14 October 2008 section 11 Electricity Industry Reform Amendment Act 2008 Scope of application of rules in this Part Heading substituted 14 October 2008 section 12 Electricity Industry Reform Amendment Act 2008 19: Certain businesses and involvements to be disregarded 1: For the purposes of this Act, no account is to be taken of a person's business, or involvement or interest in a business, if— a: the ordinary business of the person consists of, or includes, the lending of money and that person has the involvement or interest only as security given for a loan or guarantee of a loan entered into in the ordinary course of the business of that person or as a result of enforcing that security; or b: that person has the involvement or interest by reason only of acting for another person to acquire or dispose of a security on behalf of the other person in the ordinary course of business of a sharebroker and that person is a person authorised to undertake trading activities on c: that person— i: has the involvement or interest by reason only that he or she has been authorised by resolution of the directors or other governing body of a body corporate to act as its representative at a meeting or meetings of members, or a class of members, of another person; and ii: has no discretion to determine how to represent the body corporate at the meeting or meetings; or d: that person— i: has the involvement or interest solely by reason of being appointed as a proxy to vote at a meeting or meetings of members, or of a class of members, of another person; and ii: has no discretion to determine how the proxy should be exercised at the meeting or meetings; or e: that person has the involvement or interest by reason only that the person is a bare trustee of a trust to which the involvement or interest is subject; or f: that person is involved only because the ordinary business of the person consists of or includes the selling of core assets of an electricity business, and the person does not operate those assets; or g: that person is involved because the person has an interest in an irrigation scheme, where— i: that scheme is physically connected to a generator or core generation assets and was built and is operated primarily for the purpose of irrigation; and ii: that person does not hold, through the person's interest in the scheme, any equity return rights or control rights in, or manage or operate, the generator or core generation assets; or ga: that person is involved because the person has an interest in a business that generates electricity from a geothermal energy source if— i: the geothermal plant was commissioned between 1 January 1998 and the date on which this paragraph comes into force, and is currently owned by the person that commissioned it; and ii: the output from the geothermal plant is less than 12 MW (determined according to nameplate or nameplates); or gb: that person is involved in the generation of reserve energy that is in accordance with the terms and conditions for that reserve energy set by the Commission, as those terms are defined in the Electricity Act 1992 gc: that person is involved in the generation of electricity that is solely for the person’s own consumption or for the consumption of that person’s associates; or gd: that person is involved in the generation of electricity that does not have a total annual nominal capacity greater than 5 GWh per annum (determined according to nameplate or nameplates); or ge: that person is involved in selling no more than 5 GWh of electricity to connected customers within a local network area, in total, in a financial year; or h: the business, involvement, or interest is exempted by the Commission under section 81 i: the business, involvement, or interest is declared, by regulations made under this Act, to be a disregarded business, involvement, or interest. 1A: For the purposes of this Act, no account is to be taken of a person’s involvement in a line that— a: is not connected, directly or indirectly, to the national grid: b: conveys electricity only from a generator to the national grid or from the national grid to a generator: c: conveys less than 5 GWh per annum: d: conveys electricity solely for the consumption of a person who is involved in the line or for the consumption of its associates: e: conveys electricity (other than via the national grid) only from a generator to a local network or from a local network to a generator: f: conveys electricity mostly in competition with another line or lines operated by another electricity business that is not an associate of a person who is involved in the first line, provided that the competition is actual competition and not potential competition. 2: For the purposes of subsection (1)(e), a trustee may be a bare trustee despite the fact that he or she is entitled as a trustee to be remunerated out of the income or property of the trust. 3: This section is subject to section 80 1988 No 234 s 6 Section 19(1)(b) amended 1 December 2002 section 30 Securities Markets Amendment Act 2002 Section 19(1)(ga) inserted 8 August 2001 section 6 Electricity Industry Reform Amendment Act 2001 Section 19(1)(gb) inserted 14 October 2008 section 13(1) Electricity Industry Reform Amendment Act 2008 Section 19(1)(gc) inserted 14 October 2008 section 13(1) Electricity Industry Reform Amendment Act 2008 Section 19(1)(gd) inserted 14 October 2008 section 13(1) Electricity Industry Reform Amendment Act 2008 Section 19(1)(ge) inserted 14 October 2008 section 13(1) Electricity Industry Reform Amendment Act 2008 Section 19(1A) inserted 14 October 2008 section 13(2) Electricity Industry Reform Amendment Act 2008 Application of ownership separation rules to trust-like interests 20: Non-specific interests rule 1: The purpose of subsections (2) to (5) is to ensure that ownership separation is required of trust-like entities where there are significant levels of membership overlap. 2: No person (person A) may exceed the overlap threshold with another person (person B) where— a: person A is involved in business A; and b: person B is involved in business B; and c: either or both of person A or person B is a trust-like entity; and d: person B has a reverse overlap with person A or members of person A;— and, if person A is in breach of this requirement, so is person B. 3: Reverse overlap section 3 4: No local authority with an involvement in business A may, after 23 June 1998, establish a local overlap with a trust-like entity involved in business B. 5: For the purposes of subsection (4), local overlap 6: The purpose of subsections (7) and (8) is to prevent avoidance of the ownership separation rules where interests in a trust-like entity are equivalent to an involvement. 7: No person may participate in a trust-like entity which is involved in business A if that person is also involved in business B, or participates in a trust-like entity which is involved in business B. 8: For the purposes of subsection (7), a person participates in a trust-like entity when it has— a: expectancies receivable alone, or with any group of associates, in respect of benefits from the trust-like entity which are equivalent in significance to 10% or more of all equity return rights available from the trust-like entity; or b: a material influence over the trust-like entity where the definition of material influence in section 11 9: For the purposes of this section, trust-like entity 10: This section is subject to section 34 21: Responsibility for remedying contravention 1: This section governs the order of responsibility for remedying contraventions of section 20 2: The contraventions must be remedied as follows: a: first, by any person whose activities have resulted in the contravention where the person knew or ought to have known that the contravention was likely; and b: second, by any person in which interests that constitute the overlap are held; and c: third, by the members whose interests cause the contravention, other than any referred to in paragraph (a). 3: In taking steps to comply with subsection (2)(b), unless the parties responsible otherwise agree, the interests of the persons whose interests most recently became part of the overlap must be first divested. 4: The trustees of a trust may vary the trust deed, and the board of a body corporate may amend the constitution, to the extent necessary to enable the contravention to be remedied. Process for compliance Heading repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 22: Compliance with ownership separation rules Section 22 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 23: Agreements and negotiations leading to separation Section 23 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 24: Corporate separation Section 24 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 25: Arms length rules Section 25 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 26: 12 months' lead in time to full arms length Section 26 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 Interim exemptions, rules, and compliance options Heading repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 27: Purpose of sections Section 27 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 Exemptions for certain involvements Heading repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 28: Exemption for existing involvements until separation Section 28 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 29: Exemption for acquisitions of one person's cross-involvements Section 29 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 Ban on expanding cross-involvements Heading repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 30: Ban on expansion in cross-involvements Section 30 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 Options for persons wishing to expand Heading repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 31: Exemption for any involvement in single unseparated business Section 31 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 32: Exemption for certain Treaty-related transactions Section 32 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 33: Exemption for Highbank right of first refusal in Ngāi Tahu Treaty settlement Section 33 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 34: Exemption for companies with direct ownership Section 34 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 35: Other expansion option Section 35 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 Compliance process for existing 20% aggregates Heading repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 36: Compliance process for existing 20% aggregates Section 36 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 Mirror trust and mirror co-operative option Heading repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 37: Mirror trust option Section 37 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 38: Qualifying conditions on mirror trust option Section 38 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 39: Transfer of business to mirror trust Section 39 repealed 8 August 2001 section 12 Electricity Industry Reform Amendment Act 2001 40: Beneficiaries of mirror trusts Section 40 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 41: Terms of trust deeds for mirror trusts Section 41 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 42: Mirror co-operatives Section 42 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 43: Exemption of mirror trusts from ownership separation rules Section 43 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 44: Exemption of mirror trusts from rule limiting expansion of control by trust-like agencies Section 44 repealed 8 August 2001 section 15 Electricity Industry Reform Amendment Act 2001 45: Trusts that cease to be mirror trusts Section 45 repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 No expansion of control by trust-like agencies in electricity supply Heading repealed 8 August 2001 section 17(1) Electricity Industry Reform Amendment Act 2001 46: No expansion of control by trust-like agencies in electricity supply Section 46 repealed 8 August 2001 section 17(1) Electricity Industry Reform Amendment Act 2001 Exemptions for generation Heading repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 46A: Exemption for new Section 46A repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 46B: Electricity lines business to publicly notify acquisition or increase of distributed generation Section 46B repealed 20 May 2003 section 11 Electricity Industry Reform Amendment Act 2004 Exemptions for generation commissioned after 20 May 2003 and for reserve energy Heading repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 46C: Exemptions for generation commissioned after 20 May 2003 and for reserve energy Section 46C repealed 14 October 2008 section 14 Electricity Industry Reform Amendment Act 2008 3: Separation of lines and supply—Enforcement and penalties Preliminary 47: Contraventions In this Part, unless the context otherwise requires, a reference to a person who has contravened a provision of this Act is a reference to a person who— a: has contravened the provision; or b: has attempted to contravene the provision; or c: has aided, abetted, counselled, or procured any other person to contravene the provision; or d: has induced, or attempted to induce, any other person, whether by threats or promises or otherwise, to contravene the provision; or e: has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by any other person of the provision; or f: has conspired with any other person to contravene the provision. 48: Inadvertent contraventions 1: It is a defence to any proceedings under this Part for contravention of Part 2 a: the contravention arose otherwise than by reason of the person's action; and b: the person did not know, and ought not reasonably to have known, of the contravention. 2: This defence expires 3 months after the person became aware of the contravention. 3: This section does not apply to a contravention of section 17D 17E 17F Section 48(1) amended 14 October 2008 section 15(1) Electricity Industry Reform Amendment Act 2008 Section 48(3) added 14 October 2008 section 15(2) Electricity Industry Reform Amendment Act 2008 49: Jurisdiction of High Court In accordance with this Part, the High Court may hear and determine the following matters: a: proceedings for the recovery of pecuniary penalties under section 51 b: applications for injunctions under section 52 c: actions for damages under section 53 d: proceedings under section 54 e: proceedings under section 55 f: applications under section 56 g: applications for orders under section 89 section 58 1986 No 5 s 75 50: Jurisdiction of District Courts In accordance with this Part, the District Court may hear and determine proceedings for offences against sections 100 103 section 58 1986 No 5 s 76 Penalties 51: Pecuniary penalties 1: If the court is satisfied on the application of the Commission or any other person that a person has contravened Part 2 section 68 2: The maximum amount of the pecuniary penalty is the same as may from time to time be specified in section 80 1986 No 5 s 80 52: Injunctions Where it appears to the court, on the application of the Commission or any other person, that a person intends to engage, or is engaging, or has engaged, in conduct that constitutes or would constitute a contravention of Part 2 section 68 a: grant an injunction restraining any person from engaging in conduct that constitutes or would constitute such a contravention: b: impose on any person obligations to be observed in the carrying on of any business or the safeguarding of any business or any assets of any business: c: provide for the carrying on of any business or the safeguarding of any business or assets of any business, either by the appointment of a person to conduct or supervise the conduct of any business (on such terms and with such powers as may be specified or described in the order), or in any other manner, as it thinks necessary in the circumstances of the case. 1986 No 5 s 84 53: Actions for damages 1: Every person is liable in damages for any loss or damage caused by that person engaging in conduct that constitutes a contravention of Part 2 section 68 2: The amount of damages is the same as the amount that applies from time to time under section 82 1986 No 5 s 82 54: Court may order divestiture of assets or voting securities 1: In any case where the court, on the application of the Commission or any other person, is satisfied that any person has contravened Part 2 a: give directions for the disposal by that person of the assets or voting securities that may be specified in the order; or b: prohibit the exercise, for such period as the court thinks fit, of any right to vote attaching to any voting securities specified in the order (being securities in respect of which the person is in contravention of Part 2 c: declare that the exercise of voting or other rights attaching to any voting securities (being securities in respect of which the person is in contravention of Part 2 d: for the purpose of securing compliance with any other order made under this subsection, direct any person to do or refrain from doing a specified act. 2: An order under subsection (1) may be made on such terms and conditions as the court thinks fit. 3: Without limiting subsection (2), an order made under this section may require— a: that assets and voting securities are, or any interest in them is, disposed of within a time specified by the court, regardless of the price obtainable at that time: b: that neither the assets and voting securities are, nor any interest in them is, disposed of to any specified person or class of persons: c: that the assets and voting securities are, or any interest in them is, disposed of in a manner and on terms specified by the court: d: that the proceeds of any disposition are— i: applied towards the costs of the application: ii: paid in such amounts and to such persons as the court specifies. 4: This section does not apply to a contravention of section 17D 17E 17F 1978 No 103 s 32(1)(d), (l), (m), (2), (3) 1986 No 5 s 85 Section 54(4) added 14 October 2008 section 16 Electricity Industry Reform Amendment Act 2008 55: Additional penalty for contravention involving commercial gain 1: The court may order a person who is found to have contravened Part 2 section 68 2: The order may be in addition to any other penalty the court may impose under this Act. 3: For the purpose of subsection (1), the value of any gain is to be assessed by the court, and any amount ordered to be paid is recoverable in the same manner as a pecuniary penalty. 1990 No 98 s 47 1991 No 69 s 339B 1994 No 104 s 409 1996 No 69 s 8 56: Other powers to give directions, re-open agreements 1: If the court is satisfied, on the application of the Commission or any other person, that a person has contravened Part 2 section 68 2: If directions under subsection (1) are not complied with to the satisfaction of the court, the court may— a: re-open any agreement that contravenes, or gives rise to a contravention of, this Act and make any orders it deems just and equitable for the purpose of reopening the transaction and setting aside the contravention, and, if appropriate, reinstating the parties as nearly as may be in their former positions: b: give directions concerning the business or property of the person, or the management or administration of that person's business or property (including a direction that a person cease to be a manager of the business), and every person is bound by the directions. 56A: Limits on defences and penalties for failure to publicly notify acquisition or increase of distributed generation Section 56A repealed 20 May 2003 section 13 Electricity Industry Reform Amendment Act 2004 Miscellaneous provisions 57: Miscellaneous 1: In determining an appropriate penalty under this Part, the court must have regard to all relevant matters, including— a: the nature and extent of the act or omission: b: the nature and extent of any loss or damage suffered by any person as a result of the act or omission: c: the circumstances in which the act or omission took place: d: whether or not the person has previously been found by the court in proceedings under this Part to have engaged in any similar conduct. 2: The standard of proof in proceedings under this Part is the standard of proof applying in civil proceedings. 3: In any proceedings under this Part, the Commission, upon the order of the court, may obtain discovery and administer interrogatories. 4: Proceedings under this Part may be commenced within 3 years after the matter giving rise to the contravention arose. 5: Where conduct by any person constitutes a contravention of 2 or more provisions of Part 2 section 68 1986 No 5 s 80(2)–(6) 58: Application of Commerce Act 1986 and the Crown Entities Act 2004 The following provisions of the Commerce Act 1986 a: sections 77 78 b: section 79 c: section 88 ca: section 88A d: section 89 e: section 90 f: section 98 g: section 98A h: sections 98B to 98G i: section 99 j: section 100 k: section 100A l: sections 101 102 m: section 103 n: section 104 o: p: section 106 q: section 106A r: section 109 Section 58 heading amended 25 January 2005 section 200 Crown Entities Act 2004 Section 58(ca) inserted 14 October 2008 section 17 Electricity Industry Reform Amendment Act 2008 Section 58(o) repealed 25 January 2005 section 200 Crown Entities Act 2004 59: Additional proceedings Proceedings brought under this Part are in addition to any proceedings brought under any other Act. 4: Separation of lines and supply—Taxation Part 4 repealed 14 October 2008 section 18 Electricity Industry Reform Amendment Act 2008 60: Purpose Section 60 repealed 14 October 2008 section 18 Electricity Industry Reform Amendment Act 2008 61: Mirror co-operatives Section 61 repealed 14 October 2008 section 18 Electricity Industry Reform Amendment Act 2008 62: Mirror trusts Section 62 repealed 14 October 2008 section 18 Electricity Industry Reform Amendment Act 2008 63: Consolidation rules modified generally for purposes of corporate ownership split and ownership split Section 63 repealed 14 October 2008 section 18 Electricity Industry Reform Amendment Act 2008 64: Gifts not to form part of capital gain amounts Section 64 repealed 14 October 2008 section 18 Electricity Industry Reform Amendment Act 2008 65: No stamp duty payable Section 65 repealed 20 May 1999 section 7 Stamp Duty Abolition Act 1999 66: Shares not acquired for resale Section 66 repealed 14 October 2008 section 18 Electricity Industry Reform Amendment Act 2008 67: Definitions for tax sections Section 67 repealed 14 October 2008 section 18 Electricity Industry Reform Amendment Act 2008 5: Separation of lines and supply—Miscellaneous provisions Anti-avoidance 68: Duty not to defeat purposes of Parts 1 to 5 No person may at any time do anything to defeat the purposes of Parts 1 to 5 1992 No 56 s 67(1) No compensation 69: No compensation 1: No compensation shall be payable by the Crown to any person or in any other manner howsoever for any loss or damage or any taxation liability arising from the enactment or operation of this Act. 2: Subsection (1) applies notwithstanding any other enactment or rule of law. 1993 No 7 s 8 Disclosure 70: Disclosure regime 1: Every person must disclose the following, in accordance with any disclosure regulations that may from time to time be made under section 87 a: an involvement or interest in an electricity business: b: a non-specific interest in a person involved in an electricity business. c: 2: Any such regulations may provide for any or all of the following: a: by and to whom the disclosure is made: b: what needs to be disclosed: c: when it must be disclosed: d: the form of the disclosure: e: the maintenance of files of notices or registers of involvements or interests and access to those files or registers and limitations on access to those files or registers: f: exemptions from the requirements of the regulations: g: a method of ascertaining percentages for the purpose of the 10% and 20% thresholds: h: the consequences of any failure to make disclosure in accordance with the regulations, including providing for the court to make orders directing disclosure, compensatory orders, or other orders described in section 42ZF 3: Subsection (2) does not limit the generality of section 87(2)(f) Section 70(1)(c) repealed 14 October 2008 section 19 Electricity Industry Reform Amendment Act 2008 Section 70(2)(h) amended 29 February 2008 section 14 Securities Markets Amendment Act 2006 70A: Disclosure as to electricity sold to connected customers within local network area 1: Every person who sells electricity to connected customers must provide to the Commission, as soon as practicable after the end of each financial year, a statement that— a: shows the calculation of the person’s qualifying generation in respect of that financial year; and b: sets out how much electricity the person sold to connected customers during that financial year; and c: includes a certificate, signed by the directors of the electricity business, stating whether or not the quantity of electricity the person sold to connected customers during that financial year exceeded the limit set out in section 17C 2: The statement must be in the form prescribed by the Commission from time to time. 3: The statement must be audited by an independent chartered accountant. 4: The statement must be published on an Internet site maintained by or on behalf of the electricity business so that it is available to the public at all reasonable times. 5: Every person commits an offence who— a: refuses or knowingly fails to provide the statement to the Commission; or b: provides the statement to the Commission knowing that it is false or misleading in a material particular. 6: Every person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding $200,000. Section 70A inserted 14 October 2008 section 20 Electricity Industry Reform Amendment Act 2008 70B: Directors must report compliance with arm’s-length rules 1: Each director of a business to which the arm’s-length rules apply must provide to the Commission, no later than 31 March in each year, a statement confirming whether or not the director has complied with all of the arm’s-length rules during the preceding calendar year. 2: The director must publish that statement on an Internet site maintained by or on behalf of the business so that it is available to the public at all reasonable times. Section 70B inserted 14 October 2008 section 20 Electricity Industry Reform Amendment Act 2008 Matters relevant to implementation of Part 2 Heading repealed 14 October 2008 section 21 Electricity Industry Reform Amendment Act 2008 71: Trust deeds Section 71 repealed 14 October 2008 section 21 Electricity Industry Reform Amendment Act 2008 72: Beneficiaries of customer lines trusts Section 72 repealed 14 October 2008 section 21 Electricity Industry Reform Amendment Act 2008 73: Shareholders of lines co-operatives Section 73 repealed 14 October 2008 section 21 Electricity Industry Reform Amendment Act 2008 74: Power to make gifts Section 74 repealed 14 October 2008 section 21 Electricity Industry Reform Amendment Act 2008 75: Application of Securities Act 1978 Section 75 repealed 14 October 2008 section 21 Electricity Industry Reform Amendment Act 2008 76: Protection from other Acts Section 76 repealed 14 October 2008 section 21 Electricity Industry Reform Amendment Act 2008 77: Member approvals, etc Section 77 repealed 14 October 2008 section 21 Electricity Industry Reform Amendment Act 2008 78: Consultation requirements Section 78 repealed 14 October 2008 section 21 Electricity Industry Reform Amendment Act 2008 79: Technical redundancy Section 79 repealed 14 October 2008 section 21 Electricity Industry Reform Amendment Act 2008 Extensions and exemptions 80: Extensions 1: The Commission may, for the purposes of this Act, in its discretion, by notice in the Gazette section 19 2: The Commission may exercise that power by designating a business or involvement or interest as one to which a paragraph of section 19 3: This section does not authorise the Commission to make a class designation. 4: Before making a designation under this section, the Commission must do everything reasonably possible on its part to advise the person whose business, involvement, or interest is being designated of the proposed terms of it; and give that person a reasonable opportunity to make submissions to the Commission. 5: Subsection (4) does not apply in respect of a designation if the Commission considers that it is desirable in the public interest that the designation be made urgently. 6: Failure to comply with subsection (4) does not affect the validity of a designation. 7: The designation takes effect from the date specified in the designation (which may not be earlier than the date of the Gazette 8: The designation has effect according to its tenor. 9: The Commission may in like manner vary or revoke any such designation. 10: The Commission must keep a list of all current designations made by it under this section available for public inspection free of charge during normal office hours at the offices of the Commission. 11: A designation under this section is not a regulation within the meaning of the Regulations (Disallowance) Act 1989 81: Exemptions 1: The Commission may, for the purposes of this Act, in its discretion and upon the terms and conditions (if any) that it thinks fit, by notice in the Gazette a: any business, involvement, or interest, or class of business, involvement, or interest, from the application of this Act; or b: any person or class of persons from compliance with any provisions of this Act or any regulations made under it. 2: 3: The exemption takes effect from the date specified in the exemption (which may not be earlier than the date of the Gazette 4: The exemption has effect according to its tenor. 5: The Commission may in like manner vary or revoke any such exemption. 6: The Commission must keep a list of all current exemptions made by it under this section available for public inspection free of charge during normal office hours at the offices of the Commission. 7: An exemption under this section is not a regulation within the meaning of the Regulations (Disallowance) Act 1989 Section 81(1) substituted 8 August 2001 section 22 Electricity Industry Reform Amendment Act 2001 Section 81(2) repealed 8 August 2001 section 22 Electricity Industry Reform Amendment Act 2001 Application of other Acts 82: Application of Commerce Act 1986 Except as provided in section 83 Commerce Act 1986 Commerce Act 1986 83: Not interconnected under Commerce Act 1986 1: For the purposes of Part 2 businesses to which sections 17D 17E 2: Subsection (1) applies notwithstanding section 2(7) Section 83(1) amended 14 October 2008 section 22 Electricity Industry Reform Amendment Act 2008 84: Application of Energy Companies Act 1992 Section 84 repealed 14 October 2008 section 23 Electricity Industry Reform Amendment Act 2008 85: Dealing with land held for public works Section 85 repealed 14 October 2008 section 23 Electricity Industry Reform Amendment Act 2008 86: Illegal Contracts Act 1970 1: An agreement lawfully entered into does not become illegal or unenforceable by any party by reason of the fact that its performance is in breach of this Act. 2: An agreement entered into in breach of this Act is voidable at the option of any party to the agreement who is not in breach of this Act by notice in writing to the other party to the agreement at any time within 1 month after the innocent party has notice that the agreement is in breach of this Act. Regulation-making powers 87: Regulations 1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Commission, make regulations for all or any of the following purposes: a: declaring a class of businesses or involvements or interests to be a disregarded business or involvement or interest to which this Act does not apply for the purpose of section 19(1)(i) b: declaring a class of businesses or involvements or interests to be businesses, involvements, or interests that are no longer disregarded under section 19 2: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: b: setting out the method of determining persons or amounts for the purpose of section 10(4) c: d: e: declaring any person or class of persons or type of overlap or non-specific interest to be exempt (and on what conditions) from section 20 f: providing for the disclosure of involvements in section 70 g: providing such anti-avoidance measures as are necessary to ensure that the purposes of this Act are not defeated: h: adding to or omitting anything from the arm's-length i: prescribing the procedure to be followed under this Act in respect of applications and notices to, and proceedings of, the Commission: j: prescribing forms of applications, notices, and other documents required for the purposes of this Act, and requiring the use of such forms: k: prescribing the matters in respect of which fees or charges are payable under this Act, the amounts of those fees or charges, or the method or rates by which they are to be assessed, the persons liable for payment of those fees or charges, and the circumstances in which the payment of the whole or any part of those fees or charges may be remitted or waived: l: providing for such other matters as are contemplated by or are necessary for giving full effect to this Act and for its due administration. Section 87(2)(a) repealed 14 October 2008 section 24(1) Electricity Industry Reform Amendment Act 2008 Section 87(2)(c) repealed 14 October 2008 section 24(1) Electricity Industry Reform Amendment Act 2008 Section 87(2)(d) repealed 14 October 2008 section 24(1) Electricity Industry Reform Amendment Act 2008 Section 87(2)(f) amended 14 October 2008 section 24(2) Electricity Industry Reform Amendment Act 2008 Section 87(2)(h) amended 14 October 2008 section 27 Electricity Industry Reform Amendment Act 2008 6: Price restraint for line charges for domestic and rural consumers 88: Regulations relating to charges for line function services 1: The Governor-General may from time to time, by Order in Council, make regulations imposing or providing for the imposition of restraint in respect of the charges relating to line function services— a: to domestic premises (as defined in section 90 b: to consumers in sparsely populated areas ( rural consumers 2: Without limiting the generality of subsection (1), regulations made under this section may impose, or provide for the imposition of, price restraint in respect of the charges relating to line function services to domestic premises or rural consumers— a: by electricity distributors generally or by particular classes of electricity distributors or by individual electricity distributors: b: in respect of particular classes of areas or an individual area or areas, defined by reference to geographic area or sparsity of population or distance from main centres or any other method of definition: c: in respect of particular classes of consumers. 3: Regulations made under this section do not apply to— a: the offering to consumers of terms and conditions for new line function services: b: charges relating to the national grid. 4: Without limiting the generality of subsection (1), regulations made under this section may impose, or provide for the imposition of, price restraint in respect of charges for line function services, despite the fact that the charge is not payable directly by an end-consumer to an electricity distributor, but is payable via an electricity retailer. 1992 No 122 s 63(1), (2) 89: Way in which price restraint may be imposed 1: Price restraint imposed by or pursuant to regulations made under section 88 a: control, in relation to charges for line function services to domestic premises or rural consumers,— i: the amount of the charge: ii: the amount of any component of the charge: iii: the proportion that any component of the charge may bear to the total charge or to any part of the charge: b: control the frequency with which the charge, or any component of the charge, may be increased: c: control the amount of any increase in the charge, or any component of the charge. 2: Without limiting the generality of the foregoing provisions of this section and section 88 1992 No 122 s 63(3), (4) 90: Definition of domestic premises For the purposes of section 88 domestic premises a: premises that constitute part of any prison that is a Corrections prison or a Police jail b: premises that constitute part of any hospital, home, or other institution for the care of sick, disabled, or aged persons: c: premises that constitute part of Police barracks, or Police cells and lock-ups: d: premises that constitute any barracks conducted by the Armed Forces for the accommodation of persons subject to the Armed Forces Discipline Act 1971 e: premises that constitute part of any hostel, barracks, dormitory, or other similar type of premises providing accommodation for any persons or class of persons: f: premises that constitute part of a building occupied by a club and used by the club for the provision of temporary or transient accommodation to members of the club: g: premises that constitute part of any hotel in respect of which there is in force an on-licence under the Sale and Supply of Alcohol Act 2012 h: premises that constitute part of any hotel, motel, boardinghouse, or lodginghouse used for the provision of temporary or transient accommodation: i: premises that constitute part of any camping ground, motor camp, or marina. 1992 No 122 s 64 Section 90(a) amended 1 June 2005 section 206 Corrections Act 2004 Section 90(g) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 91: Offences 1: Every person commits an offence and is liable on summary conviction to a fine not exceeding $500,000 who, without lawful justification or excuse, acts in contravention of, or fails to comply in any respect with, any provision of any regulations made under section 88 2: Where— a: a person is convicted of an offence against this section; and b: the offence consists of or includes charging for line function services to domestic premises or rural consumers in excess of the charge that is authorised or permitted by regulations made under section 88 the court, in addition to or instead of passing any other sentence or making any other order, may make an order for the payment by the defendant of an amount not exceeding the difference (to be ascertained and specified by the court) between the amount charged for the line function services and the amount so authorised or permitted. 3: All money payable pursuant to an order made under subsection (2) is recoverable, in accordance with the Summary Proceedings Act 1957 4: Where, in any case to which subsection (2) applies, the court is satisfied that the whole or any part of the charge has been paid to the defendant by any other person, the court, if it considers that it is just and equitable, may make an order authorising the payment to that other person of the whole or such part of any amount paid by the defendant under that subsection, as the court thinks fit. 5: An order under subsection (4) is sufficient authority to the Registrar of the court to pay the amount so authorised. 1992 No 122 s 65 92: Other Acts relating to price control not affected Nothing in this Part limits or affects Part 4 Section 92 amended 1 April 2009 section 30(2) Commerce Amendment Act 2008 93: Interpretation Terms used in this Part are to be interpreted in accordance with the Electricity Act 1992 7: Amendments to Electricity Act 1992 Part 7 repealed 14 October 2008 section 25 Electricity Industry Reform Amendment Act 2008 94: Regulations relating to information disclosure Section 94 repealed 14 October 2008 section 25 Electricity Industry Reform Amendment Act 2008 95: Regulations Section 95 repealed 14 October 2008 section 25 Electricity Industry Reform Amendment Act 2008 96: Offences Section 96 repealed 14 October 2008 section 25 Electricity Industry Reform Amendment Act 2008 8: Split of Electricity Corporation of New Zealand Part 8 repealed 14 October 2008 section 26 Electricity Industry Reform Amendment Act 2008 97: Interpretation Section 97 repealed 14 October 2008 section 26 Electricity Industry Reform Amendment Act 2008 98: Directions by shareholding Ministers Section 98 repealed 14 October 2008 section 26 Electricity Industry Reform Amendment Act 2008 99: Principal objective of ECNZ Section 99 repealed 14 October 2008 section 26 Electricity Industry Reform Amendment Act 2008 100: Enactments amended Section 100 repealed 14 October 2008 section 26 Electricity Industry Reform Amendment Act 2008 101: Amendment to Electricity Act 1992 Section 101 repealed 14 October 2008 section 26 Electricity Industry Reform Amendment Act 2008

DLM426291

1998

Companies Reregistration Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the Companies Reregistration Amendment Act 1998, and is part of the Companies Reregistration Act 1993 the principal Act 2: This Act is deemed to have come into force immediately before the close of 30 June 1997. 2: Effect of adopted constitution on companies that are deemed to be reregistered This section inserted s 13C 3: Schedule amended This section amended the Schedule

DLM426093

1998

Immigration (Migrant Levy) Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the Immigration (Migrant Levy) Amendment Act 1998, and is part of the Immigration Act 1987 the principal Act 2: This Act comes into force on the day on which it receives the Royal assent. 2: Immigrant Resettlement and Research Fund Section 149A(3)(a) , particularly those programmes that have an emphasis on the development of language skills 3: Migrant levy This section inserted s 149B 4: Regulations This section inserted s 150(ba) 5: Validation The fees specified from time to time by regulation 32A regulation 2(1) of the Immigration Regulations 1991, Amendment No 8 regulation 32B of the Immigration Regulations 1991

DLM426866

1998

Superannuation Schemes Amendment Act 1998

1: Short Title This Act may be cited as the Superannuation Schemes Amendment Act 1998, and is part of the Superannuation Schemes Act 1989 the principal Act 2: Annual report by Government Actuary This section substituted s 28

DLM427276

1998

Ministry of Energy (Abolition) Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the Ministry of Energy (Abolition) Amendment Act 1998, and is part of the Ministry of Energy (Abolition) Act 1989 the principal Act 2: This Act comes into force on 1 July 1998. Amendments to Ministry of Energy (Abolition) Act 1989 2: Purpose of levies This section inserted s 14(aa) 3: Repeal of certain levies and administration charge Sections 15 to 21 25 25A 4: Petroleum fuels monitoring levy This section amended s 24(3) 5: Due dates for payment This section amended s 27 6: Ministry of Energy (Levies) Regulations 1989 amended Regulations 2 to 6, 9, and 9A of the Ministry of Energy (Levies) Regulations 1989 (SR 1989/381) Validations 7: Validation of past expenditure of levy revenues Regardless of section 14 Part 3 8: Payments into Crown Bank Account Regardless of sections 14 26 section 24 Transfer of employees from Ministry of Commerce to Department of Labour 9: Transfer of employees 1: Every person employed in the Ministry of Commerce immediately before the date of commencement of this Act who the chief executive of the Department of Labour has agreed to transfer to the Department of Labour is to be treated as having been transferred to the Department of Labour on that date. 2: This section prevails over section 61A State Sector Act 1988 10: Protection of terms and conditions of employment 1: The employment of a person who is transferred to the Department of Labour under section 9(1) 2: Subsection (1) 11: No compensation for technical redundancy A person who is transferred to the Department of Labour under section 9(1) 12: Saving of appointments, etc The appointment of every statutory officer who is transferred to the Department of Labour under section 9(1) a: The term of the appointment expires: b: The person ceases employment in the Department of Labour: c: The appointment is revoked.

DLM426856

1998

Summary Proceedings Amendment Act 1998

1: Short Title This Act may be cited as the Summary Proceedings Amendment Act 1998, and is part of the Summary Proceedings Act 1957 the principal Act 2: Defendant's general right of appeal to High Court 1: This subsection substituted s 115(1) 2: This subsection substituted s 115(4) 3: The following enactments are consequentially repealed: a: So much of the Schedule of the Summary Proceedings Amendment Act 1969 section 115(4) b: Section 12(2) Summary Proceedings Amendment Act 1976 c: Section 2(2) of the Summary Proceedings Amendment Act (No 5) 1985 d: So much of the Schedule of the Summary Proceedings Amendment Act (No 2) 1987 section 115(4) 3: Right of appeal against order for costs This section inserted s 115DA 4: Court to which defendant to be committed Section 4 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008 5: Part 2 This section amended Part 2

DLM428874

1998

Social Security (Work Test) Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the Social Security (Work Test) Amendment Act 1998, and is part of the Social Security Act 1964 the principal Act 2: This Act comes into force on 1 October 1998. 1: Amendments to principal Act 2: Interpretation 1: This subsection inserted definitions of the terms Employment required to satisfy the work test Organised activity section 3(1) 2: This subsection substituted the definition of the term suitable employment s 3(1) 3: This subsection substituted the definition of the term work test section 3(1) 4: This subsection inserted paragraph (aa) working day 3: Right of appeal This section inserted s 12J(4) 4: Voluntary unemployment or loss of employment through misconduct, etc 1: This subsection repealed the definition to the term rate of the benefit s 60H(1) 2: This subsection substituted subsections (4) (5) 3: Nothing in subsection (1) section 60H 5: Mandatory interviews This section substituted s 60HA(2) 6: Effect of work test on entitlement to supplementary benefits and on spouses This section substituted s 80C(1)(c) 7: New heading and sections inserted This section inserted ss 101 to 123D 2: Repeals and transitional provisions 8: Repeals 1: Sections 60GA 60HB 60HC 60HD to 60KA 2: The following enactments are consequentially repealed: a: Section 16 Social Security Amendment Act 1991 b: Sections 5, 6, 7, 8, 16, 17, 18, 19, 20, 22, 23, 24, 26, 27, and 28 of the Social Security Amendment Act 1996 c: Section 2 Social Security Amendment Act (No 2) 1997 9: Social Security Amendment Act 1998 amended This section substituted s 58(4) Social Security Amendment Act 1998 10: Transitional provisions relating to persons subject to sanction on commencement of this section 1: This section applies to every person who, immediately before the date of commencement of this section, was subject to a non-entitlement period of 13 weeks or a reduced benefit for 13 weeks, under section 60H 60JA 2: A person to whom this section applies may,— a: In the case of a person who was participating in a programme or project referred to in section 60KA b: In any other case, continue his or her non-entitlement period or continue to receive a reduced benefit and, subject to section 60KA 3: Section 60KA subsection (2) section 8 4: Where a person was, immediately before the date of commencement of this section, subject to any sanction under the principal Act other than a sanction referred to in subsection (1)

DLM426480

1998

Evidence Amendment Act 1998

1: Short Title This Act may be cited as the Evidence Amendment Act 1998, and is part of the Evidence Act 1908 the principal Act This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 2: Copy of Act of Parliament, Imperial legislation, and regulations printed as prescribed to be evidence This section amended s 29 This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007 3: Copy of reprint of Act, Imperial legislation, or regulations to be evidence This section substituted s 29A This Act was repealed 1 August 2007 section 215 Evidence Act 2006 See clause 2(2) Evidence Act 2006 Commencement Order 2007

DLM426071

1998

Farm and Fishing Vessel Ownership Savings Schemes (Closure) Act 1998

1: Short Title and commencement 1: This Act may be cited as the Farm and Fishing Vessel Ownership Savings Schemes (Closure) Act 1998. 2: This Act comes into force on the day on which it receives the Royal assent. 1: Amendments to Farm Ownership Savings Act 1974 2: Part to be part of Farm Ownership Savings Act 1974 This Part is part of the Farm Ownership Savings Act 1974 3: Balance in Home Ownership Account no longer transferable to Farm Ownership Account The principal Act is amended— a: By omitting from section 12(1) an Ordinary Home Ownership Account or b: By omitting from section 14C(1) in a Special Home Ownership Account or c: By omitting from the proviso to section 14C(1) the Special Home Ownership Account or d: By omitting from section 14C(2) Special Home Ownership Account or the 4: New Part 4 added The principal Act is amended by adding the following Part: 4: Closure of Farm Ownership Accounts by 30 June 2001 19: All existing accounts to be closed as at 30 June 2001 1: All Farm Ownership Accounts in existence on 30 June 2001 are to be closed as at that date and their balances paid to their depositors. 2: Where an Ordinary Farm Ownership Account is closed under subsection (1)— a: The Corporation must pay to the depositor a purchase grant under either section 7 or section 7A Part 1 b: Nothing in sections 14I to 14L 3: Where a Special Farm Ownership Account is closed under subsection (1)— a: The Corporation must issue to the depositor a withdrawal certificate under section 14F Part 2 b: Nothing in sections 14I to 14L Part I of the Income Tax Act 1994 20: Unrestricted withdrawals may be made by persons making no further deposits after 30 June 1998 1: A Farm Ownership Account depositor may withdraw the balance of the Account and close the Account if the depositor has made no deposits in the Account after 30 June 1998. 2: If a depositor with an Ordinary Farm Ownership Account closes his or her Account under this section— a: The Corporation must pay to the depositor a purchase grant under either section 7 or section 7A Part I b: Nothing in sections 14I to 14L 3: If a depositor with a Special Farm Ownership Account closes his or her Account under this section— a: The Corporation must issue to the depositor a withdrawal certificate under section 14F subsection (4) Part 2 b: Nothing in sections 14I to 14L Part I of the Income Tax Act 1994 4: If a person with a Special Farm Ownership Account makes any deposit into that Account during the period 15 May 1998 to 30 June 1998 (both dates inclusive), the amount of the deposit, to the extent that it is not subsequently withdrawn in accordance with section 14D(2) a: Is to be excluded from the withdrawal certificate given under subsection (3)(a); and b: Falls to be treated as withdrawal income subject to withdrawal tax in accordance with Part IZ of the Income Tax Act 1996 21: Parts 1 to 3 to continue to apply to persons making deposits after 30 June 1998 If a depositor with a Farm Ownership Account makes any deposit into that Account on or after 30 June 1998, the provisions of Parts 1 to 3 section 19 2: Closure of Fishing Vessel Ownership Savings Scheme 5: Part to be part of Fishing Vessel Ownership Savings Act 1977 This Part is part of the Fishing Vessel Ownership Savings Act 1977 6: Balance in Home Ownership Account no longer transferable to Fishing Vessel Ownership Account The principal Act is amended— a: By omitting from section 12(1) or in an Ordinary Home Ownership Account b: By omitting from section 17(1) or in a Special Home Ownership Account c: By omitting from the proviso to section 17(1) or the Special Home Ownership Account d: By omitting from section 17(2) or Special Home Ownership Account 7: New Part 3 inserted The principal Act is amended by inserting, after section 29 3: Closure of Fishing Vessel Ownership Accounts by 30 June 2001 30: All existing accounts to be closed as at 30 June 2001 1: All Fishing Vessel Ownership Accounts in existence on 30 June 2001 are to be closed as at that date and their balances paid to their depositors. 2: Where an Ordinary Fishing Vessel Ownership Account is closed under subsection (1)— a: The Corporation must pay to the depositor a purchase grant under section 7 Part 1 b: Nothing in sections 23 to 25 3: Where a Special Fishing Vessel Ownership Account is closed under subsection (1)— a: The Corporation must issue to the depositor a withdrawal certificate under section 20 Part 2 b: Nothing in sections 23 to 25 Part I of the Income Tax Act 1994 31: Unrestricted withdrawals may be made by persons making no further deposits after 30 June 1998 1: A Fishing Vessel Ownership Account depositor may withdraw the balance of the Account and close the Account if the depositor has made no deposit in the account after 30 June 1998. 2: If a depositor with an Ordinary Fishing Vessel Ownership Account closes his or her Account under this section— a: The Corporation must pay to the depositor a purchase grant under section 7 Part 1 b: Nothing in sections 23 to 25 3: If a depositor with a Special Fishing Vessel Ownership Account closes his or her Account under this section— a: The Corporation must issue to the depositor a withdrawal certificate under section 20 Part 2 b: Nothing in sections 23 to 25 Part I of the Income Tax Act 1994 4: If a person with a Special Fishing Vessel Ownership Account makes any deposit into that Account during the period 15 May 1998 to 30 June 1998 (both dates inclusive), the amount of the deposit, to the extent that it is not subsequently withdrawn in accordance with section 18(2) a: Is to be excluded from the withdrawal certificate given under subsection (3)(a); and b: Falls to be treated as withdrawal income subject to withdrawal tax in accordance with Part IZ of the Income Tax Act 1996 32: Parts 1 and 2 to continue to apply to persons making deposits after 30 June 1998 If a depositor with a Fishing Vessel Ownership Account makes any deposit into that Account on or after 30 June 1998, the provisions of Parts 1 and 2 section 30

DLM426439

1998

Customs and Excise Amendment Act (No 2) 1998

1: Short Title This Act may be cited as the Customs and Excise Amendment Act (No 2) 1998, and is part of the Customs and Excise Act 1996 the principal Act 2: Interpretation 1: This subsection substituted the definition of the term New Zealand 2(1) 2: Section 2(2) of the Customs and Excise Amendment Act 1996 3: Goods subject to control of Customs 1: This subsection substituted s 20(1)(a) s 20(1)(aa) 2: This subsection inserted s 20(2) 4: Entry of excisable goods 1: This subsection amended s 70(1) 2: This subsection inserted s 70(1A) 5: Regulations relating to entry of excisable goods This section inserted s 71(aa) 6: Other refunds and remissions of duty This section amended s 113(3) 7: Imposition of penalty 1: This subsection amended s 128(7)(f) 2: This subsection substituted s 128(7)(j) 3: This subsection substituted s 128(7)(o) (p) 8: Giving of notice 1: This subsection substituted s 284(1)(g) 2: This subsection substituted s 284(2)(f) 3: This subsection substituted s 284(3)(e) 9: Transitional provisions relating to investigations of offences under Customs Act 1966 This section inserted s 305A

DLM428151

1998

Customs and Excise Amendment Act (No 3) 1998

1: Short Title and commencement 1: This Act may be cited as the Customs and Excise Amendment Act (No 3) 1998 and is part of the Customs and Excise Act 1996 the principal Act 2: This Act comes into force on the day after the date on which it receives the Royal assent. 2: Detention of persons This section substituted s 148(2)

DLM433097

1998

Student Loan Scheme Amendment Act (No 2) 1998

1: Short Title This Act may be cited as the Student Loan Scheme Amendment Act (No 2) 1998, and is part of the Student Loan Scheme Act 1992 the principal Act 2: Commissioner to assess borrower's repayment obligation Section 2 repealed 1 April 2005 YA 2 Income Tax Act 2004 3: Borrowers to whom repayment deduction provisions of this Part apply 1: Section 17(2)(a) (b) 2: Subsection (1) 4: Periods in which interest write-off and interest reduction apply 1: In section 41(c) assessable income. assessable income, or has responded to an income statement or other return prescribed by the Commissioner for the purposes of this section. 2: Subsection (1) 5: Excess repayments made by residents 1: After section 56(1) 1A: Unless subsection (1)(g) section 184A of the Tax Administration Act 1994 2: Subsection (1) 6: Election by non-resident to receive refund or to apply overpayment to loan balance 1: After section 57(2) 2A: Unless subsection (4) section 184A of the Tax Administration Act 1994 2: Subsection (1)

DLM427928

1998

Summary Proceedings Amendment Act (No 2) 1998

1: Short Title and commencement 1: This Act may be cited as the Summary Proceedings Amendment Act (No 2) 1998, and is part of the Summary Proceedings Act 1957 the principal Act 2: This Act comes into force on the date on which this Act receives the Royal assent. 2: New sections substituted 1: This subsection substituted ss 4 5 2: The following enactments are consequentially repealed: a: So much of the Schedule of the Summary Proceedings Amendment Act 1976 section 5 b: Section 4 of the Summary Proceedings Amendment Act 1980 c: Section 2 Summary Proceedings Amendment Act (No 4) 1985 3: New sections substituted 1: This subsection substituted s 9 ss 9A to 9G 2: Section 3 Summary Proceedings Amendment Act 1987 4: Issue of summons or warrant to arrest defendant 1: This subsection amended s 19(1)(a) 2: Section 19(1)(b) of the principal Act was amended— a: This paragraph amended s 19(1)(b) b: This paragraph amended s 19(1)(b)(i) 5: Issue of summons or warrant for attendance of witness This section amended s 20(1) 6: Summary procedure for minor offences 1: This subsection amended s 20A(1) 2: This subsection amended s 20A(7) 3: This subsection substituted s 20A(8) 4: Section 3(6) Summary Proceedings Amendment Act 1976 7: Withdrawal of warrant This section amended s 23 8: Mode of service of summons on defendant This section amended s 24(1) 9: Order for taking evidence of defence witness at distance This section amended s 31(2) 10: Order for taking evidence of person about to leave country This section amended s 32(2) 11: Place of hearing of information This section amended s 34 12: Power to adjourn This section amended s 45(2) 13: New sections substituted Sections 13 16 repealed 1 January 2001 74(2) Bail Act 2000 See section 75 14: New sections substituted Sections 13 16 repealed 1 January 2001 74(2) Bail Act 2000 See section 75 15: Effect on bond of attendance or non-attendance of person bailed by constable Sections 13 16 repealed 1 January 2001 74(2) Bail Act 2000 See section 75 16: Certification of non-performance of condition of bail bond Sections 13 16 repealed 1 January 2001 74(2) Bail Act 2000 See section 75 17: Defendant's right to elect trial by jury where offence punishable by more than 3 months' imprisonment This section amended s 66(6) 18: Criminal Records This section amended s 71 19: District Court Judge or Justice or Community Magistrate may grant rehearing Section 75 of the principal Act was amended— a: This paragraph amended s 75(1) (3) b: This paragraph amended the proviso to s 75(1) 20: Power of the Court to amend defective sentences This section amended s 77(1) 21: Action where fine remains unpaid 1: This subsection amended s 88(1) 2: This subsection substituted s 88(2)(a) 3: This subsection amended s 88(2)(b) to (e) 4: This subsection amended s 88(3) 5: This subsection inserted s 88(3AAA) 6: This subsection amended s 88(3A) 7: This subsection amended s 88(8) and (9) 22: Rights of representation and appeal 1: This subsection substituted s 89 2: Section 15 Summary Proceedings Amendment Act 1993 23: Restriction on imprisonment Section 106E of the principal Act (as substituted by section 20(1) of the Summary Proceedings Amendment Act 1993) was amended— a: This paragraph amended s 106E(1) b: This paragraph amended s 106E(5) 24: Appeals from decisions of Community Magistrates This section inserted s 114A 25: Appeal to High Court on question of law This section inserted s 114B 26: Right of appeal against decisions relating to bail Section 26 repealed 1 January 2001 74(2) Bail Act 2000 See section 75 27: Proceedings under Part 5 Section 27 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008 28: Issue of summons to or warrant to arrest defendant Section 28 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008 29: Issue of warrant where defendant who has been summoned does not attend Section 29 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008 30: Application of provisions of Part 2 Sections 30 31 repealed 1 January 2001 74(2) Bail Act 2000 See section 75 31: Defendant may plead guilty before or during preliminary hearing Sections 30 31 repealed 1 January 2001 74(2) Bail Act 2000 See section 75 32: Place of preliminary hearing Section 32 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008 33: Depositions of witnesses Section 33 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008 34: Statement of defendant who is unrepresented Section 34 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008 35: Witnesses on behalf of defendant to be examined if defendant wishes Section 35 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008 36: If evidence sufficient defendant may be committed for trial or sentence Section 36 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008 37: Release on bail of defendant committed for trial or sentence Section 37 repealed 1 January 2001 74(2) Bail Act 2000 See section 75 38: Power to take statement of person dangerously ill Sections 38 39 repealed 1 January 2001 4(2) Summary Proceedings Amendment Act 2000 39: Evidence of statement made by person dangerously ill Sections 38 39 repealed 1 January 2001 4(2) Summary Proceedings Amendment Act 2000 40: Provision for person in custody to be present at taking of statement Section 40 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008 41: Notice to witnesses to attend at High Court Section 41 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008 42: When deposition or written statement may be read in evidence Section 42 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008 43: Witness about to leave New Zealand may be arrested Section 43 repealed 29 June 2009 section 17 Summary Proceedings Amendment Act (No 2) 2008 44: Part 7 This section substituted the heading of Part 7 45: No action against District Court Judge, Justice, or Community Magistrate unless act in excess of jurisdiction or without jurisdiction Section 193 of the principal Act was amended— a: This paragraph amended s 193(1) b: This paragraph amended s 193(2) c: This paragraph amended s 193(2) 46: No action against District Court Judge, Justice, or Community Magistrate to be brought in District Court This section amended s 194 47: Onus of proof This section amended s 195 48: Plaintiff may be ordered to give security for costs This section amended s 196 49: Indemnity to Justice or Community Magistrate This section amended s 197 50: Search warrants Section 198 of the principal Act was amended— a: This paragraph amended s 198(1) b: This paragraph amended s 198(6) 51: Who may take affidavit This section amended s 202 52: Contempt of Court This section amended s 206 53: Payment and recovery of fees This s 207(2) 54: Schedule 2 This section amended Schedule 2 55: New Schedule 2A This section and the Schedule to this Act inserted Schedule 2A

DLM428144

1998

Administration Amendment Act (No 2) 1998

1: Short Title and commencement 1: This Act may be cited as the Administration Amendment Act (No 2) 1998, and is part of the Administration Act 1969 the principal Act 2: This Act comes into force on the day after the date on which it receives the Royal assent. 2: New sections inserted This section inserted ss 9A 9B

DLM426815

1998

Privacy Amendment Act 1998

1: Short Title This Act may be cited as the Privacy Amendment Act 1998, and is part of The Privacy Act 1993 ( the principal Act 2: Schedule 5 amended This section amended the part of Schedule 5 Police Records 3: Repeal Section 9 of The Privacy Amendment Act 1996

DLM424113

1998

Mental Health Commission Act 1998

1: Short Title and commencement 1: This Act may be cited as the Mental Health Commission Act 1998. 2: This Act comes into force on 1 April 1998. 2: Interpretation 1: In this Act, unless the context otherwise requires,— Commission section 5 district health board section 19 family Minister Ministry national mental health strategy a: means the strategic directions for the mental health services of New Zealand described in— i: the document entitled Looking Forward—Strategic Directions for the Mental Health Services ii: the document entitled Moving Forward—The National Mental Health Plan for More and Better Services b: includes every variation of, or addition to, those strategic directions approved by the Minister and published under section 3(1)(b) provider stakeholder a: the Ministry; and b: district health boards; and c: mental health service funders; and d: providers; and e: people with mental illnesses, and their families and caregivers; and f: groups representing the interests of people with mental illness and their families and caregivers year 2: Section 2(1) district health board inserted 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 2(1) Health Funding Authority repealed 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 2(1) stakeholder inserted 30 August 2007 section 5(1) Mental Health Commission Amendment Act 2007 Section 2(2) repealed 30 August 2007 section 5(2) Mental Health Commission Amendment Act 2007 3: Amendments to national mental health strategy 1: The Minister may from time to time— a: approve a variation of the national mental health strategy or an addition to it; and b: give permission for the publication by the Ministry of a document that describes the variation or addition. 2: On the publication of a document under subsection (1)(b), the variation or addition described is included in the national mental health strategy. 4: Act to bind the Crown This Act binds the Crown. Establishment and functions of Mental Health Commission 5: Establishment of Commission 1: There is established a Commission to be called the Mental Health Commission. 2: The Commission is a Crown entity for the purposes of section 7 3: The Crown Entities Act 2004 Section 5(2) added 25 January 2005 section 200 Crown Entities Act 2004 Section 5(3) added 25 January 2005 section 200 Crown Entities Act 2004 6: Functions of Commission The functions of the Commission are— a: to act as an advocate for the interests of people with mental illness and their families generally (rather than for individuals or groups), while taking into account the interests of other stakeholders; and b: to promote and facilitate collaboration and communication about mental health issues among— i: stakeholders and representatives in the mental health, government, academic, and community sectors; and ii: members of the general public; and c: to work, independently and with others,— i: to promote better understanding of mental illness by the community; and ii: to reduce the stigma associated with mental illness and prejudice shown towards people with mental illness and their families and caregivers; and iii: to eliminate inappropriate discrimination on the ground of mental illness against people with mental illness and their families and caregivers; and d: to monitor, and to report to and advise the Minister on, any matter relating to the implementation of the national mental health strategy— i: at intervals agreed between the Minister and the Commission; and ii: when otherwise requested by the Minister; and iii: from time to time, as the Commission thinks fit; and e: to stimulate and support policy-makers and the funders and providers of mental health services in developing integrated, effective, and efficient methods or systems of providing care that meet the needs of their communities; and f: to stimulate and undertake research into any matter relevant to mental illness. Section 6 substituted 30 August 2007 section 6 Mental Health Commission Amendment Act 2007 Other matters relating to Mental Health Commission 7: Annual report Section 7 repealed 25 January 2005 section 200 Crown Entities Act 2004 8: Powers of Commission Section 8 repealed 25 January 2005 section 200 Crown Entities Act 2004 9: Membership of Commission 1: The Commission consists of 3 members 2: Members of the Commission are the board for the purposes of the Crown Entities Act 2004 Section 9(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 9(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 10: Term of office of member of Commission to cease when Act expires, or earlier When this Act expires, the term of office of every member of the Commission who has not ceased to hold office before that time expires. Section 10 substituted 30 August 2007 section 7 Mental Health Commission Amendment Act 2007 11: Further provisions applying in respect of Commission The provisions set out in Schedule 1 12: Advisory committee The Minister may, at the request of the Commission, appoint under section 11 section 6 Section 12 amended 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Miscellaneous provisions 13: Expiry and repeal of Act 1: This Act expires on the close of 30 June 2012. 2: 3: At the expiry of this Act— a: the Commission ceases to exist; and b: all assets and liabilities of the Commission become assets and liabilities of the Crown; and c: employment contracts between the Commission and any person are terminated and no compensation is payable except as provided in the relevant employment contract. 4: This Act is repealed at the time at which it expires. 2015-08-31 Mental Health Commission Act 1998 This Act expires at 5 pm on 31 August 2015. Section 13(1) replaced 1 July 2012 section 4 Mental Health Commission Amendment Act 2012 Section 13(2) repealed 30 August 2007 section 8(2) Mental Health Commission Amendment Act 2007 14: Amendments to other enactments The enactments specified in Schedule 2

DLM428696

1998

Local Government Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the Local Government Amendment Act 1998, and is part of the Local Government Act 1974 the principal Act 2: Except as otherwise provided in this Act, this Act comes into force on the date on which this Act receives the Royal assent. Cancellation of election of members of Auckland Regional Services Trust 2: Cancellation of 1998 triennial general election of members of Auckland Regional Services Trust 1: No election of members of the Auckland Regional Services Trust may be held in the period commencing with the passing of this Act and ending with the close of 10 October 1998 (the date of the triennial general election of members of local authorities). 2: This section has effect notwithstanding anything in— a: The constitution of the Auckland Regional Services Trust; or b: The principal Act; or c: The Local Elections and Polls Act 1976 Dissolution of Auckland Community Trust 3: Dissolution of Auckland Community Trust 1: The Auckland Community Trust established under section 707ZW 2: On 1 August 1998,— a: All assets and liabilities of the Auckland Community Trust become assets and liabilities of the Auckland Regional Services Trust: b: All money payable to the Auckland Community Trust becomes payable to the Auckland Regional Services Trust: c: All proceedings pending by or against the Auckland Community Trust may be carried on, completed, or enforced by or against the Auckland Regional Services Trust. 3: Subject to subsection (4) 4: All property to which subsection (3) section 707ZZA 5: This section comes into force on 1 August 1998. 4: Final accounts of Auckland Community Trust 1: As soon as reasonably practicable after the commencement of this section, the Auckland Regional Services Trust must cause to be prepared the final accounts of the Auckland Community Trust as at the close of 31 July 1998. 2: A copy of the final accounts, together with a copy of the report of the Audit Office on those accounts, must be sent by the Auckland Regional Services Trust to the Minister of Local Government. 3: A copy of the final accounts, together with a copy of the report of the Audit Office on those accounts, must be presented to the House of Representatives by the Minister of Local Government as soon as practicable after their receipt by that Minister. 4: This section comes into force on 1 August 1998. 5: Taxes and duties 1: For the purposes of the Inland Revenue Acts (as defined in section 3 Tax Administration Act 1994 a: The Auckland Community Trust and the Auckland Regional Services Trust are, in relation to all assets and liabilities that, by this Act, become assets and liabilities of the Auckland Regional Services Trust, deemed to be the same person: b: All transactions entered into by, and all acts of, the Auckland Community Trust before the commencement of this section, in relation to all assets and liabilities that, by this Act, become assets and liabilities of the Auckland Regional Services Trust, are deemed to have been entered into or performed by the Auckland Regional Services Trust on the date on which they were entered into or performed by the Auckland Community Trust. 2: This section comes into force on 1 August 1998. 6: Repeals 1: The following enactments are repealed: a: Section 225A(2) section 28 Local Government Amendment Act 1992 b: Subsections (1)(c) (2) section 68(1) Local Government Amendment Act 1992 c: Sections 707ZW to 707ZZF section 68(1) Local Government Amendment Act 1992 d: So much of Schedule 1 Company Law Reform (Transitional Provisions) Act 1994 section 707ZY(c) section 68 Local Government Amendment Act 1992 2: This section comes into force on 1 August 1998. 7: New heading and sections inserted This section inserted ss 37SE to 37SH 8: New Part 44C inserted This section inserted Part 44C ss 707ZZH to 707ZZZZG 9: Water services Section 9 repealed 1 October 1998 14(1)(o) Local Government Amendment Act 1998 10: New Schedule 17B inserted 1: The principal Act is amended by inserting, after Schedule 17A section 76 Local Government Amendment Act 1992 Schedule 17B 2: This section, and the Schedule of this Act, come into force on 1 October 1998. Amendments to Ombudsmen Act 1975 11: Schedule 1 1: Part 3 Ombudsmen Act 1975 section 79(1) Local Government Amendment Act 1992 2: Part 3 Ombudsmen Act 1975 Infrastructure Auckland 3: Section 79 Local Government Amendment Act 1992 4: This section comes into force on 1 October 1998. Amendment to Transit New Zealand Act 1989 12: Grants from Infrastructure Auckland 1: The Transit New Zealand Act 1989 section 104 104A: 1: Notwithstanding any other provision of this Act or any provision of any other Act, for the purpose of obtaining funding for a project or part of a project that— a: Consists primarily of roading; and b: Is a capital project within the meaning of any of the provisions of subparagraphs (ii) to (iv) of paragraph (b) capital project c: Is carried out by the Authority in the region in respect of which the Auckland Regional Council is constituted,— the Authority may, in accordance with Part 44C of the Local Government Act 1974 2: Money received by the Authority by way of grant from Infrastructure Auckland— a: Is not roading revenue section 8 b: Is money that may be paid into the State Highways Account (even though it is not money that is required by section 20(3) c: Is money that may be applied only for the purpose for which that money is granted. 3: No money paid into the State Highways Account under subsection (2)(b) subsection (2)(c) Part 44C section 26 4: Nothing in this section requires the Authority to obtain the approval of the Board for expenditure under this section. 2: This section comes into force on 1 October 1998. 13: Definitions The heading Amendment to Income Tax Act 1994 repealed 1 April 2005 YA 2 Income Tax Act 2004 Section 13 repealed 1 July 2003 266 Local Government Act 2002 See sections 273 to 314 Repeals, consequential amendment, and revocations 14: Repeals 1: The following enactments are repealed: a: Schedule 17A section 76 Local Government Amendment Act 1992 b: Section 101G(1)(d) section 11(1) Local Government Amendment Act 1992 c: Section 225B(2) section 28 Local Government Amendment Act 1992 d: Subsections (3)(b) (4) section 61 Local Government Amendment Act 1992 e: Part 44B section 68(1) Local Government Amendment Act 1992 f: Sections 68 76 Local Government Amendment Act 1992 g: Sections 9 to 13 of the Local Government Amendment Act (No 2) 1992 h: The Local Government Amendment Act (No 4) 1992 i: Section 17 Local Government Amendment Act 1994 j: k: Section 6 Local Government Amendment Act (No 2) 1995 l: The Local Government Amendment Act 1996 m: The Local Government Amendment Act (No 2) 1996 n: So much of Schedule 1 Local Government Amendment Act (No 3) 1996 section 707ZK section 68 Local Government Amendment Act 1992 o: Section 9 2: This section comes into force on 1 October 1998. Subsection (1)(j) repealed 1 April 2005 YA 2 Income Tax Act 2004 15: Application of provisions to Auckland Regional Council 1: Section 707A section 67(1) Local Government Amendment Act 1992 subsection (2) Part XLIVB Part 44C 2: This section comes into force on 1 October 1998. 16: Revocations 1: The following determination and order are revoked: a: The Local Government (Auckland Regional Services Trust Salaries and Allowances) Determination 1996 (SR 1996/319) b: The Local Government (Watercare Services Limited) Order 1997 (SR 1997/103) 2: This section comes into force on 1 October 1998.

DLM428100

1998

Criminal Justice Amendment Act (No 2) 1998

1: Short Title and commencement 1: This Act may be cited as the Criminal Justice Amendment Act (No 2) 1998, and is part of the Criminal Justice Act 1985 the principal Act 2: This Act comes into force on the date on which this Act receives the Royal assent. 2: Prohibition on imposition by District Court presided over by Community Magistrate or Magistrates of full-time custodial sentences Sections 2 to 4 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 clause 2 Sentencing Act Commencement Order 2002 3: Power of adjournment for inquiries as to suitable punishment Sections 2 to 4 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 clause 2 Sentencing Act Commencement Order 2002 4: General discretion to impose fines Sections 2 to 4 repealed 30 June 2002 187 Sentencing Act 2002 See sections 148 to 160 clause 2 Sentencing Act Commencement Order 2002 5: Appeal against finding of disability This section amended s 112(7) 6: Appeal against acquittal on account of insanity This section amended s 114(8)

DLM425601

1998

Trade in Endangered Species Amendment Act 1998

1: Short Title This Act may be cited as the Trade in Endangered Species Amendment Act 1998, and is part of the Trade in Endangered Species Act 1989 the principal Act 2: Interpretation This section inserted s 3(5) 3: Application for permit or certificate This section inserted s 10(5A) 4: Permit to import endangered species This section amended s 14(d) 5: Permit to import threatened species This section substituted s 18 6: Permit to import exploited species This section substituted s 22 7: Endangered species as personal or household effects This section amended s 30(2) 8: Certificate for specimens bred in captivity or artificially propagated This section amended s 31(2) 9: Rights of entry a: This paragraph inserted s 37(1)(d) b: This paragraph amended s 37(2) c: This paragraph inserted s 37(7) 10: Powers of search This section inserted s 38(3) 11: Taking and analysis of samples of specimens This section inserted s 43A 12: Possession of specimens of endangered, threatened, or exploited species This section amended s 45 13: Regulations This section inserted s 54(ea)

DLM425335

1998

Mutual Assistance in Criminal Matters Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the Mutual Assistance in Criminal Matters Amendment Act 1998, and is part of the Mutual Assistance in Criminal Matters Act 1992 the principal Act 2: This Act comes into force on a date to be appointed by the Governor-General by Order in Council. 2: Interpretation This section inserted the definition of the term Convention country s 2(1) 3: New sections substituted This section substituted s 24 section 24A 4: Ad hoc requests for assistance This section inserted s 25A 5: Form of request This section inserted s 26(ba) (bb) 6: New sections inserted This section inserted s 64A 64B 7: Regulations This section substituted s 65(1)(a) 8: New schedules added The principal Act is amended by adding the schedules set out in Schedule 1 9: Consequential amendments The principal Act is consequentially amended in the manner indicated in Schedule 2

DLM18029

1998

Reserves and Other Lands Disposal Act 1998

1: Short Title and commencement 1: This Act may be cited as the Reserves and Other Lands Disposal Act 1998. 2: This Act comes into force on the day on which it receives the Royal assent. 2: Arthur's Pass National Park: exclusion of land for road at Bealey Klondyke corner Whereas the land to which this section relates is included in the Arthur's Pass National Park: And whereas the land was developed as a road to facilitate the realignment of State Highway 73 at the Bealey Klondyke corner: And whereas it is desired to exclude the land from the national park to allow it to be declared road: And whereas section 11(1) 1: The land to which this section relates— a: is excluded from the Arthur's Pass National Park; and b: is declared to be Crown land for the purposes of the Land Act 1948 c: is available to be declared road under section 114 2: This section applies to those pieces of land in the Canterbury Land District— a: comprising 5600 square metres, more or less, being part Rural Section 40738, shown marked A the National Parks Act 1980 b: comprising 2.9000 hectares, more or less, being part Rural Section 40738, shown marked B Gazette c: comprising 3585 square metres, more or less, being part Rural Section 40738, shown marked C Gazette d: comprising 2.0177 hectares, more or less, being part Rural Section 40738, shown marked H the National Parks Act 1980 3: Arthur's Pass National Park: exclusion of land for road at Arthur's Pass village Whereas the land to which this section relates is included in the Arthur's Pass National Park: And whereas the land provides access to the Sunshine Terrace subdivision: And whereas the land is in rough vegetation and has no significant conservation values: And whereas it is desired to exclude the land from the national park to allow it to be declared road: And whereas section 11(1) 1: The land to which this section relates— a: is excluded from the Arthur's Pass National Park; and b: is declared to be Crown land for the purposes of the Land Act 1948 c: is available to be declared road under section 114 2: This section applies to that piece of land comprising 660 square metres, more or less, being part Rural Section 40738, shown marked A the National Parks Act 1980 4: Abel Tasman National Park Whereas the land to which this section relates is included in the Abel Tasman National Park: And whereas the land is rough pasture and it is proposed to exchange this land for an area of beech forest: And whereas it is desired to exclude the land from the national park to allow the land to be exchanged: And whereas section 11(1) 1: The land to which this section relates is excluded from the Abel Tasman National Park and is to be transferred to the owner of the adjoining land in certificate of title Volume 4D, folio 1155 (Nelson Registry) in accordance with the amalgamation condition shown on Land Transfer Plan 18607. 2: This section applies to that piece of land situated in the Nelson Land District comprising 17.0340 hectares, more or less, being Lot 2 on Land Transfer Plan 18607 situated in Block XI, Waitapu Survey District, and being part of the land described in the Order in Council published in the Gazette 5: Mount Cook National Park Whereas the land to which this section relates is included in the Mount Cook National Park: And whereas the land was developed as a road in 1977 and 1978 to allow the realignment of the Kitchener Bridge on State Highway 80: And whereas it is desired to exclude the land from the national park to allow the land to be declared road: And whereas section 11(1) 1: The land to which this section relates— a: is excluded from the Mount Cook National Park; and b: is declared to be Crown land for the purposes of the Land Act 1948 c: is available to be declared road under section 114 2: This section relates to that piece of land in the Canterbury Land District comprising 4506 square metres, more or less, being part Reserve 2652, shown marked A Gazette 6: Westland National Park: exclusion of land for road Whereas the land to which this section relates is included in the Westland National Park: And whereas the land was developed as a road in 1983 to facilitate the replacement of the bridge over Docherty's Creek: And whereas it is desired to exclude the land from the national park to allow it to be declared road: And whereas section 11(1) 1: The land to which this section relates— a: is excluded from the Westland National Park; and b: is declared to be Crown land for the purposes of the Land Act 1948 c: is available to be declared road under section 114 2: This section relates to those pieces of land in the Westland Land District— a: comprising 2655 square metres, more or less, being part Reserve 1018, shown marked A Gazette b: comprising 255 square metres, more or less, being part Reserve 1018, shown marked E Gazette c: comprising 72 square metres, more or less, being part Reserve 1018, shown marked H Gazette d: comprising 308 square metres, more or less, being part Reserve 1018, shown marked I Gazette e: comprising 1021 square metres, more or less, being part Reserve 1018, shown marked J Gazette 7: Westland National Park: exclusion of former staff housing land Whereas the land to which this section relates is included in the Westland National Park: And whereas the land was acquired in 1964 and 1966 for the purpose of staff housing and is no longer required for that purpose: And whereas it is desired to exclude the land from the national park in order to dispose of the land: And whereas section 11(1) 1: The land to which this section relates— a: is excluded from the Westland National Park; and b: is declared to be Crown land for the purposes of the Land Act 1948 c: is available for alienation under the Land Act 1948 2: The proceeds of alienation of the land to which this section relates must be paid into a Crown Bank Account section 58 3: This section relates to those pieces of land in the Westland Land District— a: comprising 799 square metres, more or less, being Rural Section 4156, situated in Block XIII, Waiho Survey District (SO Plan 4765), and being part of the land described in the Order in Council adding land to Westland National Park published in the Gazette b: comprising 809 square metres, more or less, being Lot 4, Deposited Plan 1260, situated in Block XIII, Waiho Survey District, and being all the land described in the Order in Council adding land to Westland National Park published in the Gazette Section 7(2) amended 25 January 2005 section 65R(3) Public Finance Act 1989 8: Fiordland National Park Whereas the land to which this section relates is included in the Fiordland National Park: And whereas it is desired that the land described in paragraph (a) of subsection (2) be disposed of in consideration for other land to be held by the Crown: And whereas the remainder of the land described in subsection (2) has been affected by the realignment of the Te Anau–Milford Sounds Road at Milford Sound and it is desired to exclude the land from the national park to allow it to be declared road: And whereas section 11(1) 1: The land to which this section relates is excluded from the Fiordland National Park and— a: the land described in paragraph (a) of subsection (2) is declared to be a conservation area for the purposes of the Conservation Act 1987 the National Parks Act 1980 b: the land described in any of paragraphs (b) to (e) of subsection (2) is declared to be Crown land for the purposes of the Land Act 1948 section 114 2: This section relates to those pieces of land in the Southland Land District— a: comprising 2024 square metres, more or less, being Sections 16 and 17, Block II, Town of Cromarty, and being part of the land described in the Fiordland National Park Order 1978/333 (SO Plan 2803): b: comprising 2260 square metres, more or less, being part Section 6, Block I, Milford Sound Survey District, and shown marked A c: comprising 4290 square metres, more or less, being part Section 6, Block I, Milford Sound Survey District, and shown marked C d: comprising 970 square metres, more or less, being part Fiordland National Park situated in Block I, Milford Sound Survey District, and shown marked D Gazette e: comprising 420 square metres, more or less, being part Fiordland National Park situated in Block I, Milford Sound Survey District, and shown marked I Gazette 9: Harbour Board endowment lands in Marlborough Whereas the land to which this section relates comprises part of the land vested in the Wairau Harbour Board in trust, without power of sale, as an endowment for harbour purposes under section 79(1) section 9 section 14 of the Marlborough Harbour Act 1958 the Council Gazette Reserves and Other Lands Disposal and Public Bodies Act 1910 1: The Council may sell or exchange any portion of the land to which subsection (3)(a) relates, freed and discharged from all trusts, reservations, and restrictions but subject to leases 122467, 122674, and 122465. 2: The transfer of the land in subsection (3)(b) by transfer 125340 and the issue of certificate of title Volume 4A, folio 881 (Marlborough Registry) are, to the extent that they contravened the Reserves and Other Lands Disposal and Public Bodies Act 1910 3: This section relates to all those pieces of land situated in the Marlborough Land District— a: comprising 3036 square metres, more or less, being Lots 1, 2, and 4 on Deposited Plan 2911 situated in Block IV, Cloudy Bay Survey District, and being the balance of the land comprised and described in certificate of title Volume 1A, folio 1212 (Marlborough Registry): b: comprising 1012 square metres, more or less, being Lot 3 on Deposited Plan 2911 situated in Block IV, Cloudy Bay Survey District, and being all the land comprised and described in certificate of title Volume 4A, folio 881 (Marlborough Registry). 10: Clutha District Council endowment lands Whereas the land to which this section relates was vested in the Borough of Milton without power of sale by section 31(2) Gazette Gazette 1: The Clutha District Council may dispose of the land to which this section relates by sale or otherwise, freed and discharged from all trusts, reservations, and restrictions but subject to the grazing lease 626946. 2: This section relates to that piece of land in the Otago Land District comprising 18.6155 hectares (46 acres), more or less, being Section 1 Block XVII, Coast Survey District, (SO Plan 3739) and being part of the land comprised and described in certificate of title Volume 112, folio 201 (Otago Registry). 11: Lands of General Trust Board of Anglican Diocese of Auckland Whereas the land to which this section relates was vested in the General Trust Board of the Anglican Diocese of Auckland: And whereas section 15 1: The General Trust Board of the Anglican Diocese of Auckland may dispose of the land to which this section relates by sale or otherwise, freed and discharged from all trusts, reservations, and restrictions. 2: This section relates to that piece of land situated in the Auckland Land District comprising 4046 square metres, more or less, being Allotment 333 of the Parish of Paremoremo, situated in Block III, Waitemata Survey District, and being all the land comprised and described in certificate of title Volume 382, folio 293 (Auckland Registry). Entries in registers 12: Entries in registers District Land Registrars are authorised and directed to make such entries in their respective registers and to do such other things as may be necessary to give full effect to the provisions of this Act.

DLM427794

1998

Oaths and Declarations (Validation) Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the Oaths and Declarations (Validation) Amendment Act 1998, and is part of the Oaths and Declarations Act 1957 the principal Act 2: This Act comes into force on the day on which it receives the Royal assent. 2: Interpretation In this Act, unless the context otherwise requires,— Relevant period a: Began on 1 April 1998; and b: Ended with the close of 18 June 1998: Specified document a: Purports to be a declaration made by virtue of the principal Act during the relevant period; and b: Was made before a specified employee of New Zealand Post Limited: Specified employee of New Zealand Post Limited section 9(1) section 62(1) Postal Services Act 1998 3: Validation of certain statutory declarations taken by employees of New Zealand Post Limited For all purposes, the following matters must be determined as if, during the relevant period, specified employees of New Zealand Post Limited were authorised, under section 9(1) a: The validity of any specified document: b: The civil or criminal liability of any person who,— i: During the relevant period, purported to take a declaration by virtue of the principal Act in his or her capacity as an employee of New Zealand Post Limited; or ii: At any time before the commencement of this Act, used or offered for use any specified document; or iii: At any time after the commencement of this Act, uses or offers for use any specified document. 4: Proceedings commenced before commencement of this Act not affected Nothing in section 3 a: The rights of any party to any proceedings commenced before the date of the commencement of this Act (whether or not those proceedings had been completed before that date); or b: The determination of any issue relating to the validity of a specified document, where that issue arises in proceedings commenced before that date (whether or not those proceedings had been completed before that date).

DLM18047

1998

Treaty of Waitangi Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the Treaty of Waitangi Amendment Act 1998 and is part of the Treaty of Waitangi Act 1975 the principal Act 2: This Act comes into force on the date on which this Act receives the Royal assent. 2: Waitangi Tribunal 1: Subsection (1) s 4(2)(a) 2: Subsection (2) ss 4(2B) 4(2C) 3: Deputy Chairperson Section 3 s 4A(1) 4: Appointment of Judge not to affect tenure, etc This section substituted s 4B 5: Continuation in office of Chairperson of Tribunal The person who holds office as Chairperson at the commencement of this Act continues in office until such time as that person vacates office as Chief Judge of the Maori Land Court, but may be appointed Chairperson of the Tribunal under section 4(2)(a) section 2(1)

DLM19316

1998

Flags, Emblems, and Names Protection Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the Flags, Emblems, and Names Protection Amendment Act 1998, and is part of the Flags, Emblems, and Names Protection Act 1981 the principal Act 2: This Act comes into force on the day after the date on which it receives the Royal assent. 2: New sections inserted This section inserted ss 20A 20B 3: General penalty This section substituted s 24 4: Power to amend Schedule 2A This section inserted s 26A 5: New Schedule inserted The principal Act is amended by inserting, after Schedule 2 6: Expiry of Part 3 Part 3

DLM423235

1998

Maori Reserved Land Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the Maori Reserved Land Amendment Act 1998, and is part of the Maori Reserved Land Act 1955 2: This Act comes into force on the date on which this Act receives the Royal assent. 2: Act to bind the Crown This Act binds the Crown. 3: Right of lessee to elect to have compensation determined by Land Valuation Tribunal 1: The chief executive of Te Puni Kokiri Maori Reserved Land Amendment Act 1997 a: The amount of compensation payable to the lessee under section 16 Maori Reserved Land Amendment Act 1997 b: The amount of the solatium payment payable to the lessee under section 26 Maori Reserved Land Amendment Act 1997 2: The notice must state that the lessee may elect either— a: To accept both of the amounts specified in the notice; or b: To have the lessee's compensation determined by the Land Valuation Tribunal in accordance with section 4 3: The notice under subsection (1) a: In the case of a lease to which the Maori Reserved Land Amendment Act 1997 b: In any case where a lease becomes, after the commencement of this Act, a lease to which the Maori Reserved Land Amendment Act 1997 Maori Reserved Land Amendment Act 1997 4: In any case where a notice under section 17(1) Maori Reserved Land Amendment Act 1997 subsection (1) subsection (2) a: That— i: The notice under section 17(1) Maori Reserved Land Amendment Act 1997 ii: Any notice in writing given under section 17(4)(a) Maori Reserved Land Amendment Act 1997 iii: Any application filed under section 17(4)(b) Maori Reserved Land Amendment Act 1997 are all of no effect; and b: That, if the lessee wishes to make an election of the kind described in the notice under section 17(1) Maori Reserved Land Amendment Act 1997 subsection (5) 5: The lessee may, within 3 months after being given a notice under subsection (1) a: To inform the chief executive of Te Puni Kokiri b: To file in the appropriate office of the District Court, in accordance with section 21 Land Valuation Proceedings Act 1948 section 4 6: Where the lessee files an application under subsection (5)(b) Te Puni Kokiri 7: Where the lessee files an application under subsection (5)(b) section 16 Maori Reserved Land Amendment Act 1997 section 26 Maori Reserved Land Amendment Act 1997 8: Where the chief executive of Te Puni Kokiri subsection (5)(a) subsection (1) 9: Where the lessee does not, within the period allowed by subsection (5) Te Puni Kokiri subsection (5)(a) 10: In this section,— Land Valuation Tribunal section 2 Land Valuation Proceedings Act 1948 Lessee section 16(4) Maori Reserved Land Amendment Act 1997 4: Determination of compensation by Land Valuation Tribunal 1: Where a lessee files an application under section 3(5)(b) a: The change to a more frequent rent review; and b: The change to a fair annual rent based on the unimproved value of the land; and c: The conditions imposed by the Maori Reserved Land Amendment Act 1997 2: The Land Valuation Tribunal must, as soon as practicable after 1 January 2001, determine the market value, as at 1 January 2001, of the lessee's interest in the lease. 3: That market value must be determined— a: First, on the basis of what that market value would have been, as at 1 January 2001, if the Maori Reserved Land Amendment Act 1997 b: Second, on the basis of what that market value is, as at 1 January 2001, in the light of the enactment of the Maori Reserved Land Amendment Act 1997 4: The Land Valuation Tribunal may, in making determinations under this section, take account of relevant valuation evidence arising after the commencement of the Maori Reserved Land Amendment Act 1997 5: The amount of the compensation payable to the lessee under subsection (1) subsection (3)(a) subsection (3)(b) 6: Every application made under section 3(5)(b) Land Valuation Proceedings Act 1948 7: In this section,— Land Valuation Tribunal section 2 Land Valuation Proceedings Act 1948 Lessee section 16(4) Maori Reserved Land Amendment Act 1997 5: Repeals The Maori Reserved Land Amendment Act 1997 sections 17 18 6: Consequential amendments The Maori Reserved Land Amendment Act 1997 7: Transitional provisions 1: Every notice given, whether before or after the commencement of this Act, under section 17(1) Maori Reserved Land Amendment Act 1997 2: Every notice in writing given under section 17(4)(a) Maori Reserved Land Amendment Act 1997 3: Every application filed under section 17(4)(b) Maori Reserved Land Amendment Act 1997 4: The chief executive of Te Puni Kokiri section 17(7) Maori Reserved Land Amendment Act 1997 section 17(1) 5: The Land Valuation Tribunal does not have, and is deemed never to have had, jurisdiction to deal with any application filed under section 17(4)(b) Maori Reserved Land Amendment Act 1997

DLM426453

1998

Defence Amendment Act 1998

1: Short Title This Act may be cited as the Defence Amendment Act 1998, and is part of the Defence Act 1990 the principal Act 2: Return of service obligation This section amended s 53 3: State of critical manning This section amended s 54(2) 4: Notice while serving overseas, etc This section amended s 55 5: Notice while subject to disciplinary proceedings, etc This section amended s 57(2) 6: Security of defence areas This section amended s 93 7: Regulations This section inserted s 101(ga) (gb)

DLM428128

1998

Summary Offences Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the Summary Offences Amendment Act 1998, and is part of the Summary Offences Act 1981 the principal Act 2: This Act comes into force on the date on which this Act receives the Royal assent. 2: Imitation of Court documents This section amended s 18(1)(a) (3)(b)(i) 3: Jurisdiction This section amended s 40(2)

DLM425633

1998

Social Security Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the Social Security Amendment Act 1998, and is part of the Social Security Act 1964 the principal Act 2: Part 1 3: Part 2 4: Part 3 Schedule 1 5: Part 4 Schedule 2 1: Amendments to principal Act coming into force on 1 July 1998 2: Interpretation 1: This subsection amended s 3(1) 2: This subsection inserted the definitions of the terms Living with a parent Parent 3(1) 3: This subsection amended ss 2 3(2) 11(2) 21(1) 24 27B(2) 27C(3) 27G(2) 27H(1) (1B) 39D 40 42(1) 55(1) 58(1) 61(1) 61EA(1) 61G(1) 64(1) (2A) 66(1) 68 69(1) 69G(1) to (3) 69H(1) (3) 70(1) 70(3) (4) 71(1) 71A(1) 72 73(1) 74 75(2) 75A 82(3) (4) 83(1) 84A 86(2) (3) 86J 4: This subsection amended ss 54(1) 58(3)(c) 59B(1) 3: Sickness benefits 1: This subsection amended s 54(1) 2: If a person was receiving a sickness benefit immediately before 1 July 1998, nothing in subsection (1) 4: Rates of sickness benefit 1: This subsection amended s 55(1) 2: This subsection amended s 55(2) 3: This subsection inserted s 55(3) 5: Unemployment benefits 1: This subsection amended s 58(1)(d) 2: If a person was receiving an unemployment benefit immediately before 1 July 1998, nothing in subsection (1) 6: Young job seekers' allowances 1: This subsection amended s 59B(1)(g) 2: If a person was receiving a young job seeker's allowance immediately before 1 July 1998, nothing in subsection (1) 7: Training benefits: qualifications 1: This subsection amended s 60AA(2)(c) 2: If a person was receiving a training benefit immediately before 1 July 1998, nothing in subsection (1) 8: Independent youth benefits: basic qualifications 1: This subsection amended s 60F(2)(c) 2: If a person was receiving an independent youth benefit immediately before 1 July 1998, nothing in subsection (1) 9: Schedule 8 amended 1: This subsection amended Schedule 8 2: This subsection amended s 61H(1)(d) 10: Schedule 9 amended This section amended Schedule 9 2: Amendments to principal Act coming into force 1 September 1998 11: Interpretation 1: This subsection inserted definitions of the terms Capacity for work Chief executive Employment Open employment Psychologist Sheltered employment Sickness 3(1) 2: This subsection substituted para (b)(iv) of the definition of the term benefit 3(1) 3: This subsection inserted para (f)(iva) income 3(1) 12: Child disability allowance 1: This subsection amended s 39A 2: This subsection amended s 39A(3) 3: Every handicapped child's allowance that was payable immediately before 1 September 1998 becomes, on that date, a child disability allowance under section 39A 4: a: This paragraph amended ss 12J 39B 39C 39D 39E 53A(1) b: This paragraph amended ss 39C 53A c: This paragraph amended s 72 d: This paragraph amended Schedule 19 5: This subsection substituted immediately above section 39A 13: New heading and sections substituted This section inserted s 39F s 40 14: New sections substituted This section substituted s 44 s 45 s 46 15: New sections relating to assessment of capacity for work inserted 1: 2: This subsection repealed the heading immediately following section 46 Subsection (1) repealed 8 March 2001 4(3) Social Security Amendment Act 2001 16: Right of appeal on medical grounds 1: 2: This subsection amended s 53A(1) 3: This subsection inserted s 53A(1A) 4: Subsections (1) (4) repealed 8 March 2001 4(3) Social Security Amendment Act 2001 17: Regulations relating to work capacity assessment Section 17 repealed 8 March 2001 4(3) Social Security Amendment Act 2001 3: Amendments to principal Act coming into force on 1 October 1998 18: Interpretation 1: This subsection inserted definitions of the terms Community wage Community wage earner Full-time student Job seeker contract Participation allowance Part-time work-tested beneficiary Regular Suitable employment Work test 3(1) 2: This subsection substituted the definitions of the terms non-entitlement period work-tested beneficiary work-tested benefit work-tested spouse 3(1) 3: This subsection inserted para (aa) of the definition of the term benefit 3(1) 4: This subsection repealed paragraph (b)(v) of the definition of the term benefit 3(1) 5: This subsection repealed the definition of the term community task force project 3(1) 6: Section 3(1) Full employment Full employment full-time employment 7: This subsection inserted para (f)(va) of the definition of the term income 3(1) 8: This subsection amended the definition of the term part-time work 3(1) 9: This subsection amended the definition of the term work-tested domestic purposes beneficiary 3(1) 10: This subsection amended the definition of the term work-tested widow's beneficiary 3(1) 11: This subsection substituted s 3(5) 12: Section 60JC(1) a: This paragraph amended s 60JC(1)(b) b: This paragraph amended s 60JC(1)(c) 19: Right of appeal 1: This subsection amended s 12J(1)(a) 2: a: This paragraph amended s 12J(2) b: This paragraph substituted s 12J(2)(e) 20: Widows' benefits 1: This subsection substituted s 21(2B) 2: This section amended s 21(2C) 21: Domestic purposes benefits for solo parents 1: This subsection substituted s 27B(2B) 2: This subsection amended s 27B(2C) 22: Domestic purposes benefits for women alone 1: This subsection substituted s 27C(5) 2: This subsection amended s 27C(6) 23: Right of appeal on medical grounds This section substituted s 53A(1)(ba) of the principal Act. 24: Sections 54 to 56 repealed 1: Sections 54 to 56 2: The following enactments are consequentially repealed: a: Section 11 Social Security Amendment Act 1978 b: Section 7 Social Security Amendment Act (No 3) 1993 c: Section 2(1) Social Security Amendment Act (No 3) 1997 25: Sections 58 to 60C repealed 1: Sections 58 to 60C 2: The following enactments are consequentially repealed: a: Section 12 Social Security Amendment Act 1978 b: Sections 3 to 7 section 9 Social Security Amendment Act (No 3) 1997 26: Independent youth benefits: basic qualifications 1: This subsection substituted s 60F(3) 2: This subsection substituted s 60F(6) 27: Independent youth benefits: sickness, injury, or disability This section substituted s 60FD 28: Purposes of sections 60H to 60M This section substituted s 60GA(b)(ii) 29: Voluntary unemployment or loss of employment through misconduct, etc 1: a: This paragraph substituted the definition of the term Employment s 60H(1) b: This paragraph repealed the definition of the term regular s 60H(1) 2: This subsection substituted s 60H(2) 30: Mandatory interviews 1: This section amended s 60HA(1)(a)(ii) 2: Section 60HA(4) 31: Effect of failure to attend or participate in mandatory interview This section substituted s 60HB 32: Beneficiaries to be work-tested 1: Section 60HC(3) 2: This subsection amended s 60HC(5) 3: Section 60HC subsections (6) (8) (9) 4: This subsection substituted s 60HE(1) 33: Section 60HCA repealed 1: Section 60HCA 2: Section 2 Social Security Amendment Act (No 2) 1997 34: Power of Director-General to grant exemption from mandatory interview or work test 1: This subsection amended s 60HD(1)(b) 2: This subsection substituted s 60HD(2) 3: This section amended s 60HD(3) 4: Section 60HD(4) 35: Delay of work test obligation for existing beneficiaries This section inserted s 60HF 36: Failure to comply with work test 1: This subsection amended s 60J(2)(a)(ii) 2: Section 60J(6) 37: Penalty for failure to attend or participate in mandatory interview or comply with work test 1: This subsection amended s 60JA(4) 2: This subsection substituted s 60JA(5)(b) 3: This subsection amended s 60JA(10) 38: Effect of participation in approved activities 1: This subsection substituted s 60KA 2: Where, before 1 October 1998, a person commenced participation in a community task force project or a training programme approved by the Director-General (under section 60KA section 60KA 39: Effect of sections 60H to 60J and section 60N on entitlement to supplementary benefits and on spouses Section 60L 40: Community task force scheme 1: Section 60M 2: The following enactments are consequentially repealed: a: Section 60J(3)(d) b: Section 60J(5) c: Clause 6 d: Section 15 Social Security Amendment Act (No 2) 1991 41: Director-General may grant emergency benefit in cases of hardship 1: This subsection amended s 61(1) 2: This subsection inserted s 61(1A) 42: Interpretation This section substituted s 61E(1)(a) 43: Exemption of income from friendly or like society This section amended s 66(1) 44: Disability allowance 1: This subsection amended s 69C(1)(a) 2: This subsection amended s 69C(5)(a) 45: Rates of benefits for sole parents may be reduced This section amended s 70A(1)(b) 46: Special provisions in respect of earnings related compensation Section 71A a: This paragraph amended s 71A(1)(a) b: This paragraph amended s 71A(2) 47: Limitation where applicant receiving another benefit or war pension This section amended s 72(b) 48: Effect of absence of beneficiary from New Zealand 1: This subsection amended s 77(2) 2: This section amended s 77(3) 49: Commencement of benefits a: This paragraph amended s 80(2)(b) b: This paragraph amended s 80(5)(c) c: This paragraph amended s 80(5)(c)(ii) d: This paragraph amended s 80(14)(a) 2: This subsection substituted s 80(5)(a) 50: Interpretation This section substituted para (a)(iv), and repealed para (a)(v) to (vii) of the definition of the term income s 80B 51: Calculation of stand down This section amended s 80BA(4)(b)(i) 52: Ending of benefits This section amended s 80BD(3) 53: New Part 2 inserted This section inserted Part 2 87 to 100 54: Transfer of existing beneficiaries to community wage 1: This section applies to persons receiving any of the following benefits immediately before the commencement of this section: a: An unemployment benefit (which includes the benefit known as the 55+ benefit): b: A young job seeker's allowance: c: A training benefit: d: A sickness benefit: e: The benefit known as the emergency sickness benefit, which benefit is an emergency benefit on the grounds of sickness, injury, or disability: f: The benefit known as the emergency unemployment benefit, which benefit is an emergency benefit where the chief executive has imposed work testing as a condition of the benefit, and the benefit is— i: Granted instead of, or in substitution for, an unemployment benefit; or ii: Analogous to an unemployment benefit. 2: If, immediately before the date of commencement of this section, a person was fulfilling the conditions of entitlement to the benefit, then on that date— a: The benefit becomes a community wage as if it had been granted under section 89 b: The person becomes a community wage earner; and c: If the benefit was paid at a married rate, then the community wage is payable as if the person and his or her work-tested spouse had each signed a job seeker contract. 3: A person who becomes a community wage earner under this section, and his or her work-tested spouse, must enter into a job seeker contract if required to do so by the chief executive, and section 95(3) section 96(3) 55: Regulations providing for participation allowance This section inserted s 132F 56: Schedule 9 amended 1: This subsection amended Schedule 9 2: This subsection substituted clause 5 57: Consequential amendments to other enactments The enactments specified in Schedule 1 4: Amendments to principal Act coming into force on 1 February 1999 58: Interpretation 1: This subsection inserted in s 3(1) Work preparation exercise Work-test married rate 2: This subsection amended the definition of the term dependent child s 3(1) 3: This subsection substituted the definition of the term part-time work-tested beneficiary s 3(1) 4: This subsection amended the definition of the term work-tested benefit s 3(1) 5: This subsection substituted paragraph (b) of the definition of the term work-tested domestic purposes beneficiary s 3(1) 6: This subsection substituted the definition of the term work-tested spouse s 3(1) 7: This subsection amended paragraph (b) of the definition of the term work-tested widow's beneficiary s 3(1) 8: This subsection amended s 3(5) Subsection (4) substituted 1 October 1998 9 Social Security (Work Test) Amendment Act 1998 59: Widows' benefits This section substituted s 21(2A) 60: Rates of widows' benefits This section amended s 24 61: Domestic purposes benefits for solo parents This section substituted s 27B(2A) 62: Domestic purposes benefits for women alone This section amended s 27C(4) 63: Rates of domestic purposes benefits This section amended s 27H(1) 64: Obligations on spouse of invalid's beneficiary This section inserted s 42A 65: Work preparation exercise 1: This subsection substituted s 60HA 2: This subsection substituted s 131A(2)(g) 66: Beneficiaries to be work-tested 1: This subsection substituted ss 60HC(5)(a) 60HC(5)(b) 2: This subsection amended s 60HC(7)(a) 67: Power of chief executive to grant exemption from compliance with request under section 60HA or work test 1: This subsection amended s 60HD(1) 2: This subsection amended s 60HD(3) 3: This subsection amended s 60HD(6) 68: Penalty for failure to participate in work preparation exercise or comply with work test 1: This subsection amended s 60JA(1) 2: This subsection amended s 60JA(4) 3: This subsection substituted s 60JA(5)(a) 4: This subsection substituted the definition of the term benefit s 60JA(10) 69: Effect of recompliance with work preparation exercise or work test This section substituted s 60JB(1)(a) 70: Reduction in benefit or non-entitlement period ends when person no longer required to comply with section 60HA or work test This section amended s 60JC(2)(a) 71: Effect on non-entitlement of undertaking employment This section substituted s 60K 72: Effect of participation in approved activities 1: This subsection substituted s 60KA(2) s 60KA(3) 2: This subsection amended s 60KA(4) 3: This subsection amended s 60KA(5) 4: This subsection amended s 60KA(8) 73: Obligations of spouse of person granted emergency benefit This section inserted s 61A 74: Rates of benefits, etc may be increased by Order in Council This section substituted s 61H(1)(d) 75: Effect of absence of beneficiary from New Zealand 1: This subsection amended s 77(2) 2: This subsection amended s 77(3) 3: This subsection amended s 77(3A) 76: Recovery of payments made in excess of authorised rates This section inserted ss 86(1E) (1F) 77: Job seeker contract for other beneficiaries 1: This subsection amended s 95(4) 2: This subsection amended s 95 78: Application of sections 58, 65, and 66 Section 58 section 3(1) section 65 section 60HA section 66 section 60HC a: For a person granted a widow's benefit, or a domestic purposes benefit under section 27B 27C b: For any other work-tested domestic purposes beneficiary or work-tested widow's beneficiary, from the earlier of the following dates: i: The date on which the beneficiary's benefit is next reviewed under section 81 ii: 1 February 2000: c: For a work-tested spouse in respect of whom a community wage or invalid's benefit or emergency benefit has been granted on or after 1 February 1999, from that date: d: For any other work-tested spouse of a beneficiary who has been granted a community wage, an invalid's benefit, or an emergency benefit, from the earlier of the following dates: i: The date on which the benefit is next reviewed under section 81 ii: 1 February 2000. 79: New Schedules 3 and 16 substituted The principal Act is amended by repealing Schedules 3 16 Schedule 2 80: Child Support Act 1991 amended This section inserted s 240(2)(ba) Child Support Act 1991

DLM426246

1998

Bylaws Amendment Act 1998

1: Short Title This Act may be cited as the Bylaws Amendment Act 1998, and is part of the Bylaws Act 1910 the principal Act 2: Bylaw may provide fine for breach thereof This section amended s 20 3: Repeal of provisions relating to confirmation of bylaws This section repealed ss 3 to 11 4: Continuation of certificates of confirmation Every certificate of confirmation issued under the principal Act before the coming into force of this Act remains in force, and the provisions of sections 7 to 10

DLM426803

1998

Police Amendment Act 1998

1: Short Title This Act may be cited as the Police Amendment Act 1998, and is part of the Police Act 1958 the principal Act 2: General instructions This section substituted s 30(3) (4) 3: General search of person in custody This section amended s 57A(1) 4: Searchers This section inserted s 57B 5: Unclaimed property 1: This section substituted s 59(2) 2: This subsection inserted s 59(4) 6: Publication of Police Gazette This section amended s 61 7: Consequential repeal Section 4 of the Police Amendment Act 1981

DLM426660

1998

Judicature Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the Judicature Amendment Act 1998, and is part of the Judicature Act 1908 the principal Act 2: This section and sections 2 3 8 3: The rest of this Act comes into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made appointing different dates for different provisions. 2: Superannuation or retiring allowances of Masters This section substituted s 26G 3: Master may exercise certain powers of the Court This section repealed s 26I(5) 4: Review of, or appeals against, decisions of Masters Section 26P section 5 of the Judicature Amendment Act 1986 subsection (1) 1: Any party to any proceedings who is affected by any order or decision made by a Master in Chambers may apply to the Court to review that order or decision and, where a party so applies in accordance with the High Court Rules, the Court— a: Must review the order or decision in accordance with the High Court Rules; and b: May make such order as may be just. 1A: Rules made under section 51C a: Specifying the nature and extent of reviews or of classes of reviews under subsection (1) b: Regulating the procedure for hearing applications or classes of applications under subsection (1) 5: New sections substituted This section substituted ss 58 to 58B ss 58C 58G ss 59 60 s 60A 6: Consequential amendments The following enactments are consequentially repealed: a: Section 7 Judicature Amendment Act 1977 b: Sections 8 9(3) Judicature Amendment Act 1979 c: Section 4 Judicature Amendment Act 1981 d: Section 6 Judicature Amendment Act 1991 7: Incidental orders and directions may be made and given by 1 Judge a: This paragraph amended s 61A(2) b: This paragraph amended s 61A(4) 8: Transfer of civil proceedings from High Court to Court of Appeal This section substituted s 64 9: Criminal Appeal Rules 1946 If any question arises as to the validity of the Criminal Appeal Rules 1946 section 23 of the Crimes Amendment Act (No 2) 1980 section 51C section 4 Judicature Amendment Act (No 2) 1985 section 51C section 23

DLM426881

1998

Unit Trusts Amendment Act 1998

1: Short Title This Act may be cited as the Unit Trusts Amendment Act 1998, and is part of the Unit Trusts Act 1960 the principal Act 2: Interpretation 1: This subsection repealed the definition of the term nominated company Nominated person Nominee s 2(1) 2: This subsection substituted the definition of the term trustee s 2(1) 3: Unit trust to have manager and trustee This section substituted s 3(3) (4) 4: New sections substituted This section substituted s 6 ss 6A to 6C 5: Implied provisions in trust deed a: This paragraph amended s 12(1)(b)(i) (ii) b: This paragraph amended s 12(1)(b)(ii) 6: Duty of manager with respect to subscriptions This section amended s 14(2) 7: Subscriptions, etc to become subject to trusts This section amended s 15

DLM426623

1998

Forestry Rights Registration Amendment Act 1998

1: Short Title This Act may be cited as the Forestry Rights Registration Amendment Act 1998, and is part of the Forestry Rights Registration Act 1983 the principal Act 2: Definitions 1: This subsection omitted the definitions of the terms forestry right grantor grantee s 2 2: This subsection inserted the definitions of the terms Forestry right Holder Proprietor s 2 3: Creation of forestry rights This section inserted s 2A 4: Forestry rights to be profit a prendre a: This paragraph amended s 3(2A) b: This paragraph amended s 3(2) 5: Plan requirements a: This paragraph amended s 5(2) b: This paragraph amended s 5(2) c: This paragraph amended s 5(2) d: This paragraph amended s 5(3) 6: Registration of forestry rights over unregistered land a: This paragraph amended s 5A(1) b: This paragraph amended s 5A(1) c: This paragraph amended s 5A(2) d: This paragraph amended s 5A(2) e: This paragraph amended s 5A(3) f: This paragraph amended s 5A(3) 7: Subdivision and rights of way This section amended s 6

DLM426644

1998

Insolvency Amendment Act 1998

1: Short Title This Act may be cited as the Insolvency Amendment Act 1998, and is part of the Insolvency Act 1967 the principal Act 2: Registrar to give notice of adjudication to Assignee 1: This subsection substituted s 29 2: This subsection amended Schedule 2 Department of Justice (Restructuring) Act 1996 3: Surplus to be paid to Public Trustee 1: This section amended s 134(6) 2: This subsection amended Schedule 2 Department of Justice (Restructuring) Act 1996

DLM426059

1998

Education Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the Education Amendment Act 1998, and is part of the Education Act 1989 the principal Act 2: Part 1 3: The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent. 1: Termination of salaries grant for management 2: Payment of salaries of certain teachers out of grants 1: Section 91E 2: As a consequence of the repeal of section 91E a: Repealing section 91A(2) b: Omitting from section 91C but subject to section 91E of this Act, c: Repealing section 91F(a) 2: Incorporation of institution in another institution 3: Disestablishment of institutions 1: This subsection substituted s 164(4) 2: This section amended s 164(5) 3: This section amended s 164(6) 4: Powers of institutions 1: This subsection inserted s 192(2)(aa) 2: This subsection amended s 192(2)(b)(ii) 5: Powers of Councils This section substituted s 193(2)(e)

DLM426635

1998

Historic Places Amendment Act 1998

1: Short Title This Act may be cited as the Historic Places Amendment Act 1998, and is part of the Historic Places Act 1993 the principal Act 2: Membership of Board This section substituted s 42(d) 3: Term of office of members of Board This section substituted s 43(2) 4: Repeal of section 111 This section repealed s 111

DLM426238

1998

Broadcasting Amendment Act 1998

1: Short Title This Act may be cited as the Broadcasting Amendment Act 1998, and is part of the Broadcasting Act 1989 the principal Act 2: Offences This section amended s 14(b) 3: Schedule 1 This section amended clause 16

DLM428176

1998

Health Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the Health Amendment Act 1998, and is part of the Health Act 1956 the principal Act 2: This Act comes into force on the second day after the date on which it receives the Royal assent. 1: Amendments to principal Act relating to collection of blood 2: Duty to provide information for purposes of blood collection This section inserted section 22E 3: Part 3A This section substituted Part 3A 2: Provisions relating to dissolution of blood transfusion trust 4: Vesting of assets of blood transfusion trust 1: In this section and in sections 6 7 8 9 the Trust section 92J 2: On the date that this Act comes into force, the assets and the liabilities of the Trust vest in the hospital and health service known as New Zealand Blood Service Limited freed of all trusts affecting those assets or liabilities. 3: Sections 6 8 9 1 Health Reforms (Transitional Provisions) Act 1993 subsection (2) a: Those assets and liabilities were transferred under section 5 b: The Trust were the transferor and New Zealand Blood Service Limited were the transferee under a proposal approved by an Order in Council made under that section. 4: Unless in any case the context otherwise requires, every reference to the Trust in any document (other than an enactment) is, after the commencement of this Act, to be read as a reference to New Zealand Blood Service 5: In this section, unless the context otherwise requires, the terms assets liabilities transfer section 2 Health Reforms (Transitional Provisions) Act 1993 Subsection (4) amended 1 January 2001 111(1) New Zealand Public Health and Disability Act 2000 by omitting the word Limited 5: Respect for donated blood 1: New Zealand Blood Service Limited must, in managing any blood or controlled human substance vested in it by section 4 2: In this section, the terms blood controlled human substance section 92A 6: Blood transfusion trust dissolved 1: On the date that this Act comes into force the Trust is dissolved. 2: On the date that this Act comes into force every trustee of the Trust ceases to hold office as trustee of the Trust. 7: Final report of Trust 1: Subject to section 8 section 8 2: The final report referred to in subsection (1) a: An annual report setting out the information specified in section 41I Public Finance Act 1989 b: The Trust's financial statements for that period, which must— i: Set out the information specified in section 41 Public Finance Act 1989 ii: Be accompanied by an audit opinion prepared by the Audit Office in accordance with section 43 3: The final report must be signed on behalf of the transferee or by the persons appointed, under section 8 4: As soon as practicable after receiving a copy of the final report, the Minister must present the report to the House of Representatives. 8: Appointment of persons to discharge reporting obligations 1: In any case where the transferee is, because of section 7 section 4(2) subsection (2) 2: The following persons are eligible to be appointed under subsection (1) a: Two former trustees of the Trust; or b: One former trustee of the Trust and 1 former executive officer of the Trust. 3: When a report prepared by persons appointed under subsection (1) 4: If in any case a person appointed under subsection (1) a: Replace that person by appointing another person who is, in the circumstances of the case, eligible to be appointed under subsection (2) b: Terminate the appointment of both persons appointed to prepare the report and— i: Appoint 2 other persons who are eligible to be appointed under subsection (2) ii: Prepare the report itself. 9: Protection of former trustees 1: Section 92L 2: If, in the period commencing on 31 March 1998 and ending with the close of the day immediately before the commencement of this Act, a former trustee or officer of the Trust did an act, or failed or refused to do an act, in order to prepare for, or assist in, the implementation of this Act, the trustee or officer is under no civil or criminal liability for doing, or failing or refusing to do, the act. 3: Subsection (2) 4: Subsection (2) 10: Consequential amendment to Ombudsmen Act 1975 The Ombudsmen Act 1975 Part 2 section 92J Health Act 1956 11: Consequential amendment to Public Finance Act 1989 The Public Finance Act 1989 Schedules 4 5 6 section 92J Health Act 1956 12: Consequential repeals The following enactments are consequentially repealed: a: Section 27 Health Amendment Act 1993 b: Section 2 of the Health Amendment Act (No 3) 1994

DLM423257

1998

Postal Services Act 1998

1: Short title and commencement 1: This Act may be cited as the Postal Services Act 1998. 2: This Act comes into force on a date to be appointed by the Governor-General by Order in Council. 3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 1 April 1998 clause 2 Postal Services Act Commencement Order 1998 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 1: Preliminary provisions 2: Interpretation 1: In this Act, unless the context otherwise requires,— corporation the Companies Act 1993 the State-Owned Enterprises Act 1986 courier service a: the sender requests that the article be conveyed or delivered by courier; and b: both of the following are features of the service: i: conveyance or delivery on an expedited basis; and ii: the article is tracked throughout the conveyance or delivery process designated postal operator section 48 foreign country letter a: that is addressed to a specific person or a specific address; and b: that is to be conveyed or delivered other than by electronic means or courier service; and c: that does not exceed— i: 260 mm in height; or ii: 385 mm in length; or iii: 20 mm in thickness; or iv: 1 kg in weight; and d: for which a charge is made in respect of carrying, taking charge of, or sending it Minister Ministry postage stamp postal article a: an article that, although it may have been delivered within the meaning of subsection (3), has not reached the hands of the addressee: b: the contents of any such letter, parcel, or article postal identifier a: that is affixed to, or impressed or printed on, postal articles; and b: that uniquely identifies that postal operator; and c: that clearly indicates to members of the public that those postal articles have been, or are intended to be, accepted by that postal operator for the purpose of being conveyed by post postal operator postal outlet public letterbox register section 32 Secretary specified offence a: a crime involving dishonesty within the meaning of section 2 b: an offence against any of the following provisions of the Misuse of Drugs Act 1975 i: section 6 ii: section 7 iii: section 9 iv: section 12 c: an offence against section 20 section 23 section 24 the Postal Services Act 1987 d: an offence against the law of any foreign country, where the offence consists of or includes conduct that, if it occurred in New Zealand, would be an offence referred to in any of paragraphs (a) to (c) subsidiary sections 5 6 working day a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and b: a day in the period commencing with 25 December in any year and ending with 15 January in the following year. 2: An article is taken to have been posted when, for the purpose of being conveyed or delivered by a postal operator, it has been put into a public letterbox, or delivered at a postal outlet, or accepted for the purpose of being conveyed by post by an employee or agent of a postal operator in the course of his or her duty or authority. 2A: However, an article to be conveyed or delivered by courier service is not an article that has been posted. 3: A postal article is taken to be delivered to the addressee when it is delivered by a postal operator at the addressee's house or office, or into the addressee's letterbox or rural delivery box, or into the proper private box at a postal outlet, or to the addressee's employee or agent or other person considered to be authorised to receive the article, or according to the usual manner of delivering postal articles to the addressee. 4: Unless the context otherwise requires, a reference in this Act to a person concerned in the management of another person means— a: a director of that person: b: the chief executive of that person (however described). 5: A reference in this Act to the law of a foreign country includes a reference to the law of a part of, or the law in force in a part of, the country. Section 2(1) courier service inserted 30 May 2017 section 138(1) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 2(1) letter replaced 30 May 2017 section 138(2) Regulatory Systems (Commercial Matters) Amendment Act 2017 Section 2(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 2(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(2A) inserted 30 May 2017 section 138(3) Regulatory Systems (Commercial Matters) Amendment Act 2017 3: Act to bind the Crown This Act binds the Crown. 2: General provisions Postage stamps 4: Postage stamps 1: Subject to subsection (2), no person other than a designated postal operator may issue postage stamps that bear the words “New Zealand” or any abbreviation of those words. 2: Nothing in subsection (1) applies where— a: the words “New Zealand”, or any abbreviation of those words, appears on a postage stamp as part of the name of the postal operator by which the stamp is issued; and b: those words or, as the case requires, that abbreviation of those words form part of the name under which the postal operator is registered as a company; and c: that company name of the postal operator appears in full on the stamp; and d: the words “New Zealand” or, as the case requires, the abbreviation of those words appears on the stamp in the same typeface and point size as the company name appears. 3: Every person commits an offence against this Act and is liable on conviction 1987 No 113 s 4 Section 4(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Detention and examination of postal articles 5: Detention of postal articles 1: Where any postal operator has reason to suspect that any postal article— a: has been posted in contravention of section 21 section 22 section 24 b: is in contravention, or has been posted in contravention, of any of the following enactments,— i: the Misuse of Drugs Act 1975 ii: the Protected Objects iii: the Trade in Endangered Species Act 1989 iv: the Biosecurity Act 1993 v: the Customs and Excise Act 2018 that postal operator may detain the postal article for opening and examination in accordance with subsection (2). 2: Every postal article that is detained under subsection (1) may be opened and examined at a postal outlet by— a: 2 or more persons specially authorised for the purpose by a postal operator; or b: 1 such authorised person in the presence of— i: another employee of that postal operator; or ii: a Customs officer,— and (except as provided in any other enactment) must not be opened or examined otherwise. 3: Subject to subsection (4), where a postal article is intended to be opened or has been opened under this section, the postal operator must give notice in accordance with subsection (5) to the addressee if known, or if not known, to the sender of the postal article if known. 4: A postal operator must delay the giving of a notice under subsection (3) in any case where the postal operator believes, on reasonable grounds, that the giving of the notice at the particular time would be likely to prejudice any investigation into the commission or possible commission of an offence against this Act or any other enactment, or the detection or prosecution of any such offence. 5: The notice required by subsection (3) must contain the following information: a: a statement that the postal article is intended to be opened or has been opened, as the case requires: b: a brief statement of the reason why the postal article is intended to be opened or has been opened, as the case requires: c: a brief summary of the effect of sections 6 to 10 1987 No 113 s 7 Section 5(1)(b)(ii) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 5(1)(b)(v) replaced 1 October 2018 section 443(3) Customs and Excise Act 2018 6: Postal articles found to be in contravention of this Act 1: Where any postal article— a: is detained under section 5(1) b: on being opened or examined under this Act, is found to have been posted in contravention of section 21 section 22 section 24 the postal operator may seize the postal article, and in any such case the provisions of subsections (2) to (6) and sections 7 8 2: Subject to subsections (3) and (5), the postal article must be retained by the postal operator pending the outcome of any proceedings against any person for the offence in respect of which the postal article was seized. 3: If the postal operator believes, on reasonable grounds,— a: that the postal article is likely to die, rot, spoil, or otherwise perish; or b: that the postal article is or is about to become dangerous and that it is necessary, in order to avoid the threat of harm to any persons or property, to destroy or otherwise dispose of the postal article immediately,— the postal operator may destroy or otherwise dispose of the postal article as the postal operator thinks fit. 4: Where proceedings are taken against any person for the offence in respect of which the postal article was seized, then, when the proceedings are completed or abandoned, the postal operator must cause the postal article to be delivered to the person who appears to the postal operator to be entitled to it, unless, where the court enters a conviction, the postal article is forfeited to the Crown under section 8 5: If no such proceedings are taken within 6 months after that seizure, the postal operator must cause the article to be delivered to the person who appears to the postal operator to be entitled to it. 6: If, in any case to which subsection (4) or subsection (5) applies, the person who appears to the postal operator to be entitled to the postal article cannot be found, or there is no such person, the postal article is forfeited to the postal operator, and the postal operator may destroy or otherwise dispose of it as the postal operator thinks fit. 1974 No 26 s 41 1987 No 113 s 8(1) 7: Postal operator or claimant may apply for order as to disposal 1: In any case to which subsection (4) or subsection (5) of section 6 2: If a postal article is seized under section 6(1) 3: On an application made under subsection (1), the District Court Judge may make an order directing that the postal article be delivered to such person as the Judge considers is entitled to it, or that it be destroyed or otherwise disposed of in such manner as the Judge thinks fit. 4: On an application made under subsection (2), the District Court Judge may do any of the following things: a: make any order that a Judge may make under subsection (3): b: adjourn the application, on such terms as the Judge thinks fit,— i: for proceedings to be brought against any person for the offence in respect of which the postal article was seized; or ii: if the Judge considers it necessary that the postal article be preserved as evidence in any proceedings: c: dismiss the application. 8: Disposal following conviction 1: On the conviction of any person for an offence against this Act involving any postal article seized under section 6(1) 2: Before making an order under subsection (1), the court must give— a: the person convicted; and b: any other person who, in the opinion of the court, would be directly affected by the making of the order— an opportunity to be heard. 3: If the court is satisfied that the postal article that was the subject of the prosecution should be restored to a person other than the person convicted, it may so direct. 4: Any person aggrieved by an order made under subsection (1) for the forfeiture of any postal article may (whatever the amount involved) appeal from that order in the manner provided by subpart 4 1993 No 94 ss 136 137 Section 8(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 9: No action to lie No action lies against any person for any act done in good faith in pursuance or intended pursuance of section 7 section 8 10: Postal articles believed to be in contravention of other enactments 1: This section applies to any postal article that— a: is detained under subsection (1) of section 5 by a postal operator; and b: on being opened or examined under this Act, is believed, on reasonable grounds, to be in contravention, or to have been posted in contravention, of any enactment referred to in paragraph (b) of that subsection, or of any other enactment (other than this Act). 2: Where this section applies to any postal article, the following provisions apply: a: where the postal article is believed to be in contravention, or to have been posted in contravention, of the Misuse of Drugs Act 1975 b: where the postal article is believed to be in contravention, or to have been posted in contravention, of the Protected Objects c: where the postal article is believed to be in contravention, or to have been posted in contravention, of the Trade in Endangered Species Act 1989 d: where the postal article is believed to be in contravention, or to have been posted in contravention, of the Biosecurity Act 1993 section 116 e: where the postal article is believed to be in contravention, or to have been posted in contravention, of the Customs and Excise Act 2018 f: where the postal article is believed to be in contravention, or to have been posted in contravention, of any other enactment (other than this Act),— i: the postal operator must notify the appropriate authority or a constable constable ii: in the meantime, the postal operator may continue to detain the postal article for not more than 2 working days. 1987 No 113 s 8(2) Section 10(2)(b) amended 1 November 2006 section 35 Protected Objects Amendment Act 2006 Section 10(2)(e) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 10(2)(f)(i) amended 1 October 2008 section 116(a)(ii) Policing Act 2008 11: Valuable postal articles to be kept safely 1: Where a postal article is detained under section 5(1) sections 6 to 10 2: Every postal operator must cause to be made and kept— a: a list of all postal articles that are detained under section 5(1) b: in relation to each such postal article, a memorandum of its contents. 1987 No 113 s 8(3) 12: Record of postal articles detained and opened 1: Every postal operator must make and keep a record of each occasion on which a postal article is detained under section 5(1) 2: The record must include brief details of the following: a: the reason why the postal article was detained: b: the contents of the postal article: c: how the postal article and its contents were dealt with by the postal operator after the postal article was opened or examined. 3: Records required by this section must be kept either in written form, or in a form that enables the records to be readily accessible and readily convertible into written form. 4: A postal operator must,— a: at all reasonable times, allow the Secretary or any person acting under the authority of the Secretary to enter that postal operator's premises (other than a dwellinghouse) for the purpose of inspecting the records kept by that postal operator under this section: b: on the request of a person carrying out an inspection under paragraph (a) i: provide that person with access to those records; and ii: permit that person to examine those records; and iii: permit that person to produce or make a printout or copy of the records or any part of the records: c: if requested in writing by the Secretary, produce to the Secretary all or part of the records kept by the postal operator under this section; and the Secretary may produce or make a printout or copy of the records or any part of the records. 5: Where a request is made to a postal operator under subsection (4)(c), the postal operator must comply with that request within 20 working days after receiving the request or within such further period as the Secretary in any particular case allows. 6: Every person must, on entering any premises under subsection (4)(a), and when requested at any subsequent time, produce— a: evidence of that person's authority to enter the premises; and b: evidence of that person's identity. 13: Offences Every postal operator commits an offence and is liable on conviction a: fails, without reasonable excuse, to properly keep records sufficient to satisfy the requirements of subsections (1) to (3) of section 12 b: fails, without reasonable excuse, to comply with the requirements of section 12(4) or section 12(5). Section 13 amended 1 July 2013 section 413 Criminal Procedure Act 2011 14: Offender not relieved from liability The detention, destruction, or disposal under this Act of a postal article does not relieve any person from liability for any offence against this Act or any other enactment. 1987 No 113 s 9 Further provisions relating to opening of postal articles 15: Opening of postal articles to effect delivery 1: This section applies to any postal article— a: that a postal operator is unable to deliver to the addressee because— i: the postal article bears no address, or bears a wrong or an incomplete or an illegible address; or ii: the addressee cannot be located; and b: that does not bear a return address, or that bears a return address that is wrong, incomplete, or illegible. 2: A postal operator may open a postal article to which this section applies for the purpose of identifying the addressee or sender of the postal article. 3: A postal article may be opened under this section only at a postal outlet by— a: 2 or more persons specially authorised for the purpose by a postal operator; or b: 1 such authorised person in the presence of— i: another employee of that postal operator; or ii: a Customs officer. 4: Subject to subsection (5), if a postal article is opened under this section, the postal operator must give notice to that effect, and of the reason for opening the postal article, to the person to whom the postal article is delivered. 5: If any postal article, on being opened under this section,— a: is found to have been posted in contravention of section 21 section 22 section 24 b: is believed, on reasonable grounds, to be in contravention, or to have been posted in contravention, of any enactment referred to in section 5(1)(b) the provisions of this Act apply as if the postal article had been detained under section 5(1). Undeliverable postal articles 16: Undeliverable postal articles 1: This section applies to any postal article that a postal operator is unable to deliver to the addressee because— a: the postal article bears no address, or bears a wrong or an incomplete or an illegible address; or b: the addressee cannot be located. 2: A postal article to which this section applies must be dealt with in accordance with subsections (3) and (4) and section 17 3: If the postal operator knows who sent the postal article, the postal operator must return the postal article to the sender. 4: If the postal operator does not know who sent the postal article, the postal operator must keep the postal article in safe custody for at least 3 months or until it is claimed, whichever happens first. 17: Disposal of unclaimed postal articles If a postal operator has kept a postal article to which section 16 18: Postal articles required to be dealt with under other provisions Sections 16 17 sections 6 to 11 General obligations relating to postal articles 19: Obligation to pass on postal articles 1: Subject to sections 5 to 11 sections 16 17 a: the addressee; or b: any postal operator. 2: Every person commits an offence against this Act who, without reasonable excuse, fails to comply with this section. 1987 No 113 s 10 20: Wrongful divulgence of information 1: Every person (being an officer, employee, or agent of a postal operator) commits an offence against this Act who, without reasonable excuse, divulges to any person any information from or as to the contents of a postal article that has come to the first-mentioned person's knowledge in the course of that person's duty. 2: Every person, other than an officer, employee, or agent of a postal operator acting in the course of that person's duty, commits an offence against this Act who, having examined the contents of a postal article not intended for that person, divulges without reasonable excuse to any person any information obtained by the first-mentioned person from or as to the contents of the postal article. 3: Every person who commits an offence against this section is liable on conviction 1987 No 113 s 11 Section 20(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 21: Posting of objectionable thing Every person commits an offence against this Act who, without reasonable excuse, posts or causes to be posted any postal article containing any noxious substance or thing, or any dead animal. 1987 No 113 s 12 22: Posting indecent article, etc Every person commits an offence against this Act who, with the intention of offending the recipient, posts or causes to be posted any postal article containing any indecent article or representation of any kind. 1987 No 113 s 13 23: Unlawfully opening postal article 1: Every person commits an offence against this Act who wilfully and without reasonable excuse opens or causes to be opened any postal article that is not addressed to that person. 2: Every person who commits an offence against subsection (1) is liable on conviction 1987 No 113 s 14 Section 23(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 24: Posting of dangerous enclosure 1: Every person commits an offence against this Act who posts, or causes to be posted,— a: any postal article containing any explosive, dangerous, or destructive substance or fluid; or b: any postal article containing any matter or thing capable, as packed, of causing injury to any person. 2: Every person who commits an offence against subsection (1) is liable on conviction 3: Every person commits an offence against this Act who posts, or causes to be posted, any postal article containing any matter or thing capable, as packed, of causing damage to any postal article. 4: Nothing in subsection (1) or subsection (3) applies to any of the following things, when sent and packed in accordance with conditions prescribed by any enactment or by a postal operator: a: poisons: b: forensic material (including, without limitation, blood samples or other bodily samples): c: any other matter prescribed for the purposes of this paragraph by regulations made under this Act. 1987 No 113 s 15 Section 24(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 25: Recording on postal article incorrect time or place of posting Every person commits an offence against this Act who falsely marks any postal article so as to lead any person to believe that it was posted at a time or place other than the time at which or place from which it was in fact posted. 1987 No 113 s 16 3: Registration of postal operators Interpretation 26: Definition of business of postal operator 1: For the purposes of this Act, a person carries on business as a postal operator if that person's business consists, wholly or partly, of the carriage of letters. 2: Nothing in this section applies to the carriage of letters by any person— a: as an employee or agent of a postal operator; or b: under a contract for services with a postal operator. Requirement for postal operators to be registered 27: Postal operators must be registered No person may commence or carry on business as a postal operator unless that person is registered under this Act. 28: Offence 1: Every person commits an offence who, not being registered as a postal operator under this Act, commences or carries on business as a postal operator. 2: Every person who commits an offence against this section is liable on conviction a: to a fine of not more than $10,000; and b: to a further fine of not more than $1,000 for every day or part of a day during which the offence continues. Section 28(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Registration of postal operators 29: Applications for registration 1: Any person who wishes to be registered as a postal operator must apply to the Secretary. 2: Every application for registration must— a: be in the form provided for the purpose by the Secretary; and b: be accompanied by the prescribed fee (if any). 3: On receiving an application that complies with the requirements of this section, the Secretary must register the applicant unless the Secretary declines, under subsection (4), to register the applicant. 4: The Secretary may decline to register the applicant if the Secretary is satisfied that the applicant or any person concerned in the management of the applicant has been convicted by any court in New Zealand or elsewhere, at any time within the period of 10 years immediately before the date of the application, of a specified offence. 5: The Secretary must not decline to register a person unless the Secretary has first given that person an opportunity to be heard. 30: Cancellation of registration 1: The Secretary may at any time cancel the registration of a postal operator if the Secretary is satisfied— a: that, since that postal operator's registration under this Act, that postal operator or any person concerned in the management of that postal operator has been convicted, by any court in New Zealand or elsewhere, of a specified offence; or b: that,— i: since that postal operator's registration under this Act, a person with a conviction for a specified offence has become a person concerned in the management of that postal operator; and ii: that person was convicted of that offence (whether by a court in New Zealand or elsewhere) before or after that postal operator's registration under this Act, but within the period of 10 years immediately before the date on which the Secretary cancels that registration; or c: that the postal operator was registered by reason of any false or misleading representation or declaration, made either orally or in writing. 2: The Secretary must not cancel the registration of a postal operator unless the Secretary has first given that postal operator an opportunity to be heard. 31: Offence relating to registration 1: Every person commits an offence who, for the purpose of obtaining (either for himself or herself or itself or for any other person) registration as a postal operator,— a: either orally or in writing, makes any declaration or representation that to that person's knowledge is false or misleading in a material particular; or b: produces to the Secretary, or makes use of, any document knowing it to contain any such declaration or representation; or c: produces to the Secretary, or makes use of, any document knowing that it is not genuine. 2: Every person who commits an offence against this section is liable on conviction Section 31(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Register of postal operators 32: Register of postal operators 1: The Secretary must maintain a register of persons who are registered as postal operators. 2: The following particulars must be recorded in the register in respect of every person registered as a postal operator: a: the person's name: b: the person's place of business: c: the date of the person's registration: d: the person's postal identifier or postal identifiers: e: any other particulars that the Secretary considers appropriate. 3: The Secretary may at any time make any amendments to the register that are necessary to reflect any changes in the information referred to in subsection (2). 4: The register may be kept in any manner that the Secretary thinks fit, including, either wholly or partly, by means of a device or facility— a: that records or stores information electronically or by other means; and b: that permits the information so recorded to be readily inspected or reproduced in usable form; and c: that permits the information in the register to be accessed by electronic means, including (without limitation) by means of remote logon access. 33: Requirement to notify Secretary of certain matters 1: A postal operator that intends to change its place of business, or any postal identifier, or any other particulars that are recorded in respect of that person on the register, must notify the Secretary of the change at least 1 month before the change is to take place. 2: If there is any change in the persons who are concerned in the management of a postal operator, the postal operator must notify the Secretary of that change either before the change occurs or within 14 days after it has occurred. 3: Every notification under subsection (1) or subsection (2) must— a: be in writing; and b: be accompanied by the prescribed fee (if any). 4: Every person commits an offence and is liable on conviction Section 33(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 34: Inspection of register 1: The Secretary must keep the register open for public inspection, during ordinary office hours, at— a: the head office of the Ministry; or b: an office of the Ministry for the time being specified for the purposes of this subsection by notice published in the Gazette 2: The Secretary must supply to any person copies of all or part of the register on request and payment of a reasonable charge for the production of the copy. 35: Removal from register The Secretary must remove a person's name from the register— a: if that person applies to the Secretary, in writing, to have that person's name removed from the register: b: if the Secretary cancels that person's registration as a postal operator: c: if the Secretary is satisfied that the person has ceased to carry on business as a postal operator. 36: Certificate of Secretary to be evidence A certificate purporting to be signed by the Secretary— a: to the effect that any person was or was not registered at any particular time or during any period specified in the certificate; or b: as to any entry in the register— is for all purposes sufficient evidence of the matters specified in the certificate, in the absence of proof to the contrary. Appeals 37: Right of appeal 1: Any person may appeal to the District Court a: a decision of the Secretary to decline to register that person as a postal operator: b: a decision of the Secretary to cancel that person's registration as a postal operator. 2: Every appeal under this section must be made by giving notice of appeal within 20 working days after the date on which notice of the decision was communicated to the appellant, or within such further time as the District Court Section 37(1) amended 1 March 2017 section 261 District Court Act 2016 Section 37(2) amended 1 March 2017 section 261 District Court Act 2016 38: Determination of appeals 1: In determining an appeal under section 37 the District Court 2: The District Court's decision in the determination of an appeal under section 37 Section 38(1) amended 1 March 2017 section 261 District Court Act 2016 4: Postal operators Postal operators to identify mail 39: Postal operator to identify mail accepted by it 1: As soon as practicable after a postal operator accepts a postal article for the purpose of being conveyed by post, that postal operator must affix to, or impress or print on, that postal article the postal operator's postal identifier. 2: Subsection (1) does not apply if the postal operator's postal identifier is already affixed to, or impressed or printed on, the postal article. 3: Every postal operator commits an offence and is liable on conviction Section 39(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Erection of public letterboxes 40: Public letterboxes 1: Subject to subsections (2) and (3), a postal operator may erect and maintain public letterboxes in any road, street, reserve, or public place. 2: In exercising the powers contained in subsection (1), a postal operator must comply with any reasonable conditions prescribed by the local authority or other body or person having jurisdiction over the road, street, reserve, or public place, as the case may be. 3: A public letterbox must not be so placed as to interfere with ordinary traffic. 1987 No 113 s 5 41: Notice of work 1: Before a postal operator proceeds to erect a public letterbox pursuant to the powers contained in section 40(1) 2: Every notice must be in writing, and must specify the location of the proposed work, the nature of the work to be undertaken, and the reasons for it. 3: Within 15 working days after the receipt of the written notice of the intention to undertake work, the person who is given a notice pursuant to subsection (1) must notify the postal operator, in writing, of any conditions imposed pursuant to section 40(2) 4: Where a person who is given a notice pursuant to subsection (1) fails to notify the postal operator of the conditions imposed pursuant to section 40(2) 1987 No 116 s 15A 1992 No 122 s 25 42: Offence 1: Every postal operator commits an offence and is liable on conviction section 40 section 41 2: In addition to any fine imposed pursuant to subsection (1), the court may make any order relating to compensation that it thinks fit. 1987 No 116 s 15B 1992 No 122 s 26 Section 42(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 43: Appeals in relation to conditions imposed 1: A postal operator may appeal to the District Court section 40(2) 2: Every appeal must be made by giving notice of appeal within 40 working days after the date of notification of the conditions imposed, or within such further period as the court allows on application made to it for that purpose either before or after those 40 working days have expired. 1987 No 116 s 15C 1992 No 122 s 27 Section 43(1) amended 1 March 2017 section 261 District Court Act 2016 44: Determination of appeals 1: In determining any appeal under section 43 the District Court 2: The District Court's decision in the determination of an appeal under section 43 1987 No 116 s 15D 1992 No 122 s 28 Section 44(1) amended 1 March 2017 section 261 District Court Act 2016 Loss or delay of letters 45: Loss or delay of letters No person is entitled to compensation, and no liability is imposed on the Crown or any postal operator, for any loss or damage suffered by any person because of any loss, default, delay, or omission in the receipt, transmission, or delivery of any letter. 1987 No 113 s 6 Obligations on postal operator ceasing business 46: Postal operator must notify Secretary of intention to cease business 1: A postal operator that intends to cease to carry on business as a postal operator must notify the Secretary of that intention at least 1 month before ceasing to carry on that business. 2: Every person commits an offence and is liable on conviction Section 46(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 47: Obligations on postal operator ceasing business 1: If a person ceases to carry on business as a postal operator, that person must ensure that, as soon as practicable,— a: every public letterbox that, immediately before that person ceased to carry on business as a postal operator, was provided by that person for the receipt of postal articles is dismantled or rendered incapable of use as a public letterbox; and b: all postal articles— i: that have been accepted by that person for the purpose of being conveyed by post; and ii: that have not been delivered— are delivered or are otherwise dealt with under this Act. 2: Every person commits an offence who fails, without reasonable excuse, to comply with any of the requirements of subsection (1). 3: Every person who commits an offence against this section is liable on conviction Section 47(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Designated postal operators 48: Designation of postal operators as postal administration 1: The Minister may from time to time, by notice in the Gazette 2: Any designation under subsection (1)— a: may be indefinite or for such period as is specified for that purpose in the notice: b: may be unconditional or subject to such conditions as the Minister thinks fit and specifies in the notice. 3: The Minister may designate 1 or more postal operators under subsection (1). 4: Nothing in section 60(b) section 54 49: Effect of designation 1: A designated postal operator must— a: act as a representative of New Zealand at the Universal Postal Union and the Asian Pacific Postal Union; and b: comply with New Zealand's obligations as a member of the Universal Postal Union and of the Asian Pacific Postal Union; and c: pay to the Universal Postal Union and the Asian Pacific Postal Union any fees, charges, and other payments that New Zealand is required to pay because of New Zealand's membership of the Universal Postal Union or, as the case requires, the Asian Pacific Postal Union, including (without limitation) any mandatory charges prescribed by the Universal Postal Union or, as the case requires, the Asian Pacific Postal Union; and d: comply with the requirements of any regulations made pursuant to section 60(b) e: comply with any condition imposed by the Minister in respect of the designation of that postal operator. 2: Where 2 or more postal operators are designated under section 48 50: Designated postal operators to comply with Government policy directions 1: The Minister may from time to time,— a: by written notice given after consultation with the Minister of Foreign Affairs and Trade, communicate to a designated postal operator the general policy of the Government of New Zealand in relation to the Universal Postal Union, the Asian Pacific Postal Union, and international postal matters: b: by written notice given on the advice of the Minister of Foreign Affairs and Trade, communicate to a designated postal operator the general policy of the Government of New Zealand in respect of the Government's international relations. 2: Every designated postal operator must have regard to such policies as are communicated to that postal operator pursuant to subsection (1), and must comply with any directions given by the Minister to that postal operator by notice in writing pursuant to any such policy. 3: Where a notice is given under subsection (1) or subsection (2) to a designated postal operator, the Minister must, as soon as practicable after the giving of the notice,— a: publish a copy of it in the Gazette b: present a copy of it to the House of Representatives. 51: Duration of designation Every designation pursuant to section 48 a: comes into force on the date specified for that purpose in the notice or, if no such date is so specified, on the date of the publication of the notice in the Gazette b: continues in force,— i: except where the designation is for an indefinite period, for such period as is specified in the notice; or ii: until it is revoked pursuant to section 53 52: Crown not liable 1: The fact that any postal operator is designated under section 48 2: No debts, liabilities, or obligations incurred by a designated postal operator become debts, liabilities, or obligations of the Crown merely because the designation of that postal operator under section 48 53: Revocation of designation 1: Subject to subsection (2), the Minister may at any time, by notice in the Gazette section 48 a: has failed to comply with any condition imposed by the Minister in respect of that designation; or b: has failed to comply with any obligation imposed on that postal operator by section 49(1) c: has failed to comply with the requirements of section 50 i: by failing to have regard to any policy communicated to that postal operator pursuant to subsection (1) of that section; or ii: by failing to comply with any direction included in any notice given under subsection (2) of that section to that postal operator; or d: has acted in contravention of, or has failed to comply with, any provision of the Acts of the Universal Postal Union or the Asian Pacific Postal Union; or e: is for any other reason unsuitable to be a postal administration for New Zealand. 2: The Minister must not revoke the designation of a postal operator under subsection (1) unless the Minister has first given that postal operator an opportunity to be heard. 3: The Minister must, by notice in the Gazette section 48 54: Revocation, etc, of conditions The Minister may at any time— a: revoke, amend, or add to any condition imposed, pursuant to section 48(2)(b) b: impose any condition on any such designation. Disclosure of information by the corporation 55: Information to Secretary 1: The corporation must supply to the Secretary such statements, reports, agreements, accounts, or other information as is requested in writing by the Secretary for the purposes of— a: monitoring the efficiency and quality of service provided by the corporation: b: monitoring the corporation's compliance with any agreement entered into between the Crown and the corporation in relation to prices, frequency, quantity, and quality of services (including, without limitation, rural delivery services): c: monitoring the extent to which, and the terms and conditions on which, the corporation provides, to other postal operators, access to the facilities owned or used by the corporation for the purposes of providing postal delivery services. 2: Where a request is made to the corporation pursuant to subsection (1), the corporation must comply with that request within 20 working days after receiving the request or within such further period as the Secretary in any particular case allows. 3: All statements, reports, agreements, accounts, or other information supplied to the Secretary under subsection (1) must be verified by statutory declaration in the form and by the persons prescribed by regulations made under section 60 1987 No 113 s 19 5: Miscellaneous provisions Offences and penalties 56: Failure to comply with information disclosure requirements 1: Every person commits an offence against this section who— a: fails, without reasonable excuse, to comply with any information disclosure requirements prescribed in regulations made under section 60(b) section 61 b: fails, without reasonable excuse, to comply with the requirements of section 55(1) 2: Every person commits an offence against this section who makes a false declaration when supplying any statement, report, agreement, accounts, or other information pursuant to section 55 3: Every person who commits an offence against subsection (1) is liable on conviction 4: Every person who commits an offence against subsection (2) is liable on conviction 1992 No 122 s 172 Section 56(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 56(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 57: Penalty Every person who commits an offence against this Act, or against any regulations made under this Act, for which no penalty is provided in any other provision of this Act or in any regulations made under this Act is liable on conviction 1987 No 113 s 17(1) Section 57 amended 1 July 2013 section 413 Criminal Procedure Act 2011 58: Offences punishable on summary conviction Section 58 repealed 1 July 2013 section 413 Criminal Procedure Act 2011 59: Time for bringing prosecution extended Section 59 repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Regulations—General 60: Regulations 1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: requiring the corporation to disclose, in the prescribed manner,— i: information in relation to the services provided by the corporation; and prescribing the information that the corporation must disclose, including (without limitation) information relating to prices, frequency, quantity, and quality of services; and ii: prescribed financial statements that follow generally accepted accounting principles, including (without limitation) profit and loss statements and balance sheets and statements of accounting principles: b: requiring each designated postal operator to disclose, in the prescribed manner,— i: information in relation to compliance by that postal operator with the obligations imposed on it by section 49(1) section 50 ii: information obtained by that postal operator in the course of acting as a representative of New Zealand at the Universal Postal Union and the Asian Pacific Postal Union;— and prescribing the information that the postal operator must disclose: c: prescribing the form of the financial statements required by any regulations made under paragraph (a)(ii): d: prescribing rules and procedures to be followed by postal operators for the purposes of ensuring the orderly and efficient operation of the New Zealand postal system, including (without limitation) rules and procedures relating to— i: the exchange of information relating to the addresses of customers of postal operators: ii: dealing with postal articles bearing no address or a wrong or an incomplete or an illegible address, and misdelivered postal articles: iii: the assignment and form of addresses, including (without limitation) private box numbers, rural delivery numbers, and other numbering systems: e: prescribing the form of statutory declaration and by whom it must be made for the purposes of section 55(3) f: requiring that— i: any information required by regulations made pursuant to this section to be disclosed; or ii: information from which that information is derived (in whole or in part),— or both, be certified, in the prescribed form and manner, by persons belonging to any class of persons specified for that purpose in the regulations: g: prescribing the time limits within which the information disclosure required by any regulations made pursuant to this section must be made: h: prescribing the matters in respect of which fees are payable under this Act; prescribing the amounts of the fees or the method by which they are to be assessed; and prescribing the persons to whom the fees are to be paid: i: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this section (other than under paragraph (b)); and prescribing fines of not more than $10,000 in respect of any offences prescribed under this paragraph: j: exempting or providing for the exemption of any person or class of persons from all or any of the requirements of any regulations made under this section, either unconditionally or subject to any conditions prescribed in the regulations: k: exempting or providing for the exemption of specified postal identifiers, or postal identifiers of a specified class, from all or any of the requirements of sections 32 33 l: providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration. 2: Regulations under this section are secondary legislation ( see Part 3 3: If regulations authorise a person to grant exemptions referred to in subsection (1)(j) or (k),— a: an exemption is secondary legislation ( see Part 3 b: the regulations must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (2). Legislation Act 2019 requirements for secondary legislation referred to in subsection (2) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (3)(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (3)(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (2) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 60(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 60(3) inserted 28 October 2021 regulation 63 Legislation Act (Amendments to Legislation) Regulations 2021 Regulations—Information disclosure 61: Regulations requiring disclosure of information 1: The purpose of this section is to facilitate entry into, and the development of competition in, the postal services market. 2: For the purpose of this section, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: a: requiring the corporation to disclose information in relation to the extent to which, and the terms and conditions on which, the corporation provides to postal operators other than New Zealand Post Limited, access to the corporation's postal network for the purposes of providing postal delivery services: b: prescribing the information that the corporation must make available under regulations made under this section, including (without limitation) prices, terms, and conditions: c: prescribing the manner in which the corporation must disclose information under regulations made under this section: d: requiring that all or any of the following information be certified, in the prescribed form and manner, by persons belonging to any class of persons specified for that purpose in the regulations: i: any information required by regulations made under this section to be disclosed: ii: information from which that information is derived (in whole or in part): e: prescribing time limits within which the information disclosure required by any regulations made under this section must be made. 3: Regulations 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 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 61(2)(a) substituted 27 September 2001 section 3 Postal Services Amendment Act 2001 Section 61(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Consequential amendments and repeals 62: Consequential amendments and repeals 1: The enactments specified in the Schedule 2: The following enactments are consequentially repealed: a: Amendment(s) incorporated in the Act(s) b: the Postal Services Act 1987 c: Amendment(s) incorporated in the Act(s) d: Amendment(s) incorporated in the Act(s) e: the Postal Services Amendment Act 1990 f: Amendment(s) incorporated in the Act(s) Transitional provisions 63: NZ Post to be registered postal operator 1: On the commencement of this Act, the corporation is to be taken to be registered as a postal operator for the purposes of this Act. 2: All the provisions of this Act (including, without limitation, section 30 3: As soon as practicable after the commencement of this Act, the Secretary must record in the register, in respect of the corporation, the particulars required by section 32(2) 4: The corporation must supply the Secretary with any particulars that the Secretary needs for the purposes of subsection (3). 64: Application to postal articles posted in contravention of Postal Services Act 1987 1: References in this Act to postal articles posted in contravention of any provision of this Act include postal articles posted in contravention of the corresponding provision of the Postal Services Act 1987 2: Nothing in this section limits the Interpretation Act 1999 Section 64(2) amended 1 November 1999 Interpretation Act 1999 65: NZ Post to be sole postal administration for 5 years 1: The corporation is a postal administration for New Zealand for the period of 5 years beginning on the commencement of this Act as if it had been designated under section 48 sections 49 to 54 section 51 2: The Minister may not designate any other postal operator under section 48 3: Without limiting subsection (1), the Minister may exercise the power conferred by section 53 4: This section overrides section 48

DLM424975

1998

Earthquake Commission Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the Earthquake Commission Amendment Act 1998, and is part of the Earthquake Commission Act 1993 the principal Act 2: This Act comes into force on the day on which it receives the Royal assent. 2: Directions by Minister 1: This subsection inserted s 12(1A) (1B) 2: This subsection inserted s 12(2A) (2B) 3: Previous directions declared valid Every direction given, or deemed to be given, under section 12

DLM426465

1998

Diplomatic Privileges and Immunities Amendment Act 1998

1: Short Title This Act may be cited as the Diplomatic Privileges and Immunities Amendment Act 1998, and is part of the Diplomatic Privileges and Immunities Act 1968 the principal Act 2: Schedule 2 This section substituted cl 4

DLM433409

1998

Ministry of Agriculture and Forestry (Restructuring) Act 1998

1: Short Title and commencement 1: This Act may be cited as the Ministry of Agriculture and Forestry (Restructuring) Act 1998. 2: This Act comes into force on 11 November 1998. 2: Interpretation In this Act, unless the context otherwise requires,— Ministry new company company a: AsureQuality Limited b: Asure New Zealand Limited. Section 2 new company company amended 29 November 2007 clause 4 State-Owned Enterprises (AsureQuality Limited) Order 2007 3: Transfer of employees 1: Every person— a: who is employed in the Ministry immediately before the date of commencement of this Act; and b: who is carrying out duties that on or after that date are to be carried out, in whole or in part, by a new company; and c: whose transfer to the relevant new company is agreed to by the company and the chief executive of the Ministry— is deemed to have transferred to the relevant new company on the date of commencement of this Act. 2: The transfer of any employee by this section is subject to any relevant transfer provisions of the employment contract applying to that employee. 3: This section applies notwithstanding section 61A 4: Protection of terms and conditions of employment on transfer 1: The employment of any person deemed by section 3 2: Any unexpired collective employment contract which covers transferred employees is deemed, as from the date of transfer, to continue to apply on the same terms— a: as if it were a contract that had been made in respect of the relevant new company; and b: as if it were binding both on those employees and on the company. 3: Subsections (1) and (2) cease to apply to a transferred employee if the terms and conditions of employment that apply under the employment contract applying to the employee at the date of the transfer are varied by agreement between the employee and the new company. 4: Subsection (1) ceases to apply to a transferred employee who, after the transfer, receives any subsequent appointment within the new company. 5: Employment of transferred employees deemed to be continuous Every employee deemed by section 3 a: the contract of employment of that employee that applied immediately before the transfer in respect of that person's employment in the Ministry is deemed to have been unbroken; and b: the employee's period of service with the Ministry, and every other period of service of that employee that is recognised by the Ministry as continuous service, is deemed to have been a period of service with the relevant company. 6: Membership of Government Superannuation Fund Where a person deemed by section 3 the Government Superannuation Fund Act 1956 a: that person is deemed for the purposes of that Act to be employed in the Government service for so long as the person continues to be employed by the new company; and b: that Act is deemed to apply to the person in all respects as if the person's service with the Government service were continuous. 7: No compensation for technical redundancy No person who is deemed by section 3 8: Saving of appointments of Inspectors under Meat Act 1981 1: The appointment of every Inspector appointed under the Meat Act 1981 who is deemed by section 3 a: the term of appointment expires: b: the person ceases employment in the new company: c: the appointment is revoked. 2: No person is to be treated as employed in the State services for the purposes of the State Sector Act 1988 3: This section applies notwithstanding anything in section 10 9: Forests Act 1949 amended in relation to Forestry Officers (1), (2): Amendment(s) incorporated in the Act(s) 3: A person who, immediately before the commencement of this Act, was a Forestry Officer by virtue of paragraph (b) or paragraph (c) of the definition of that term (as in force before its repeal by subsection (1)) ceases to be a Forestry Officer on the commencement of this Act.

DLM426419

1998

Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998, and is part of the Crimes (Internationally Protected Persons and Hostages) Act 1980 the principal Act 2: This Act comes into force on a date to be appointed by the Governor-General by Order in Council. 2: Altering Title and Short Title of principal Act 1: The principal Act may from now on be cited as the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980. 2: The principal Act is amended by repealing the Title, and substituting the following Title: An Act to give effect to— a: The Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents, 1973; and b: The Convention Against the Taking of Hostages 1979; and c: The Convention on the Safety of United Nations and Associated Personnel 1994;— and for matters incidental to the implementation of those Conventions . 3: The Short Title of the principal Act, wherever it appears, is amended by omitting the words Internationally Protected Persons and Hostages Internationally Protected Persons, United Nations and Associated Personnel, and Hostages 3: Interpretation This section substituted s 2(1) 4: New cross-heading and section substituted This section substituted section 3 5: Crimes against premises or vehicles This section substituted s 4(1) 6: Threats against persons This section substituted s 5(1) 7: Threats against premises or vehicles This section substituted s 6(1) 8: Sections 3 to 6 This section inserted s 6A 9: Prosecution need not prove certain matters This section substituted s 7(a) 10: Crimes deemed to be included in extradition treaties Sections 10 11 repealed 1 September 1999 111 Extradition Act 1999 11: Surrender of offenders Sections 10 11 repealed 1 September 1999 111 Extradition Act 1999 12: Evidence This section substituted s 15(a) (b) 13: Schedules amended 1: This subsection amended Schedule 1 2: This subsection amended Schedule 2

DLM426223

1998

Arbitration Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the Arbitration Amendment Act 1998, and is part of the Arbitration Act 1996 the principal Act 2: This Act is deemed to have come into force on 1 July 1997. 2: Schedule 1 This section amended article 7(1) 3: Schedule 4 This section amended Schedule 4

DLM426203

1998

Administration Amendment Act 1998

1: Short Title This Act may be cited as the Administration Amendment Act 1998, and is part of the Administration Act 1969 the principal Act 2: Devolution of loan stock without administration This section amended s 64(1) 3: Vesting of shares or debentures without administration This section amended s 64A(3) 4: Payment without administration This section amended s 65(2) (5) 5: Succession to real and personal estate on intestacy This section amended s 77(1)(a) 6: Application to cases of partial intestacy This section substituted s 79(2) 7: Regulations relating to prescribed amounts This section inserted s 82A 8: Consequential repeals The following Acts are consequentially repealed: a: The Administration Amendment Act 1987 b: The Administration Amendment Act 1994

DLM431904

1998

State-Owned Enterprises (Contact Energy Limited) Amendment Act 1998

1: Short Title and commencement 1: This Act may be cited as the State-Owned Enterprises (Contact Energy Limited) Amendment Act 1998, and is part of the State-Owned Enterprises Act 1986 the principal Act 2: This Act comes into force on a date to be appointed by the Governor-General by Order in Council; and one or more Orders in Council may be made bringing different provisions into force on different dates. 3: A date may be appointed under subsection (2) section 3(7) (9) 4: Subsection (4) substituted 1 April 2005 YA 2 Income Tax Act 2004 2: Expiry This Act expires and is deemed to have been repealed on the close of the day that is 2 years after the date on which this Act receives the Royal assent unless an Order in Council is made under section 1(2) 3: Provision for Contact Energy Limited to cease to be State enterprise 1: The principal Act is amended by omitting from Schedule 1 Contact Energy Limited 2: However, so long as Ministers of the Crown continue to hold shares in Contact Energy Limited ( the company section 22 a: The company were a State enterprise; and b: The Minister of Finance and the Minister for the time being responsible for Contact Energy Limited were the shareholding Ministers for the company. 3: The principal Act is amended by omitting from Schedule 2 Contact Energy Limited 4: However, sections 23 to 30 subsection (3) a: The company were a State enterprise and a company named in Schedule 2 b: The Minister of Finance and the Minister for the time being responsible for Contact Energy Limited were the shareholding Ministers for the company. 5: Subsection (4) 6: Each Minister of the Crown who holds shares in the company on behalf of Her Majesty the Queen may exercise all or any of Her Majesty's rights and powers as the holder of those shares. 7: The Ombudsmen Act 1975 Part 2 Contact Energy Limited. 8: 9: The State-Owned Enterprises Order 1995 (SR 1995/250) Subsection (8) repealed 1 April 2005 YA 2 Income Tax Act 2004

DLM426834

1998

Securities Amendment Act 1998

1: Short Title This Act may be cited as the Securities Amendment Act 1998, and is part of the Securities Act 1978 the principal Act 2: Amendments to Securities Amendment Act 1988 1: Section 37(1) Securities Amendment Act 1988 a: This paragraph repealed the definition of the term authorised dealer in foreign exchange Securities Amendment Act 1988 b: This paragraph amended para (b) authorised futures contract Securities Amendment Act 1988 c: This paragraph amended para (c) authorised futures contract Securities Amendment Act 1988 d: This paragraph amended the definition of the term registered bank Securities Amendment Act 1988 2: This subsection amended s 37(2) Securities Amendment Act 1988 3: This subsection inserted s 37(10) Securities Amendment Act 1988 4: This subsection inserted s 38(3) Securities Amendment Act 1988

DLM427219

1998

Land Amendment Act 1998

1: Short Title This Act may be cited as the Land Amendment Act 1998, and is part of The Land Act 1948 the principal Act 2: Crown easements over Crown land This section inserted s 60AA 3: Special leases may limit or exclude trespass rights This section inserted s 67A 4: Bringing down interests This section substituted s 114 5: Repeal of restriction on acquisition of land The following provisions are repealed: a: Section 175 b: Section 4 of The Land Amendment Act 1952